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MVLTVM in TARVO, ant FOX VERITATIS.
. W HEREIN THE
PRINCIPLES, PRACTICES,
AND
TRANSACTIONS
O F T H E
But more cfpecially and in particular
f * B Y T H E I R
Repreientatives Aflcnibled in PARLIAMENT
AnnoDomni 164031641: Asalfo 1680, 1681.
ARE
Mofl: faithfully and impartially Examined, ColledJed^
and Compared together for the prefent feafonable life,
Benefit and Information bf the Publickb
AS ALSO,
The WoUderful and moft Solemn Manner and Pbrm of
Ratifying, Confirming and Pronouncing of that moft dreadful Curfe
and Execration againft theViolatcrs and Infringers oiM.AG'NA CHARTA
in the Time of HENRT the Third, King of &c.
All which is earneftly recommended to' the'moft ferious ahd impartial
Cohfideration, and perufal of all His -Nl A;4E S T IE S moft Loyal,
and nibft Obedient Subjefts (the true-and Bloody
Papiji only excepted ) within His Realms of Ef7glaKd, Scotland^ and
Ireland^ and the Dominions and Territories thereunto Belonging.
■' -Jj I iiSp-
By THEOPHILUS RATlONALtS, » r^0aof QuiUty, and
a jftofl true L^ver vf his j^ing and Cpuniry,
L O N D 6 JY V
Printed for Rich, Janeroay^ in ^ecKs-head-Alley in Pater-fjofier-Rorp. 1681,
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THE
)
Epiftle Dedicatory.
To the KING'S mofl: Excellent Majefty,
CHARLES the Second^ by the Grace of
God, of England^ Scotland^ France and Jre-
land, Proteftant King, Defender of 'the
' ' '
Faith,
Mofl: Dread Soveraign ! y ^
I Have frefumed to projirate the enjiiitig Lines at
, Tour''Majefties feet, in regard you are the only
Perfon in all your Three Kingdoms,-that is mofl
nearly and principally therein concerned. And
I dare be hold to affirm ("although they are very high,
proud and lofty words J, viz. That if Tour Majefiy
fhall be pleafed, without prejudice, prepojfeffion and par-
y tiality, mofl filemnly and ferioufly to perufe the fame,
and will be pleafed to tah^ your future meafures accord-
ingfy : I fay then, I am very confident, and fully ajfured
Cunlefs I have no reafon nor underfiandtng remaining
in me, but am delivered over into a reprobate fenfeJ,
That Tour Majefiy may yet be f unlefs the Decree be
already gone out againfi us for our total ruine and
defiruUion J one of the greatefi and happiefi Monarchs
A thh
t'.
this day in theChriflianWorU^Vtthurnikpicmi^&'C,
I have done my duty, and have dijcharged my Oath
of Allegiance and Supremacy unto your Sacred Ma-
jefly f whom God long prejerveJ, and am
(GREAT SIR) :
Your Ma;efties moft Loyal,
mod Obedient, arid ihofl: Faithful
• i< .. J
Subjedl and Servant, to Love,
Honour, and Serve You and my
Countrey ufque ad Mortem*
•» W '
c>
J •
Theopbilur Rationalifl
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V A. •
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WU'-' V t:
THE
INTRODUCTION
A U T
LI IB E R ad LECTOREM.
STand ofFproud Rebels: Royaliftsdraw near.
To fee your Prince i*th* front,the Pope i'th* rear.
Let not the Pope affright you, nor difpofe
Your thoughts to wander after Charles his foes:
The Center clears all doubts that fhall arife
From Hellifti Plotters, under a difguife
Of State-reformers; though at the felf-fame time
Both Church and State, their principal defign
Is for to ruine : But ftill in Mafquerades,
The Pope and Devil being chief Comrades
Unto thefe Hellifh Monfters, who would bring
Deffrudion toyourChurch,confufioii to your Ring.
Heavens blefs your Head,with fuch as will now pleafe
To guard him from fuch Sycophants as thefe;
Who doubtlefs will, by their inveterate hate.
At length prove ruine both to Church and State,
If not prevented by Gods liberal hand.
Under Great Charles^ who hath the fole Command
And Power to fave you, if he will but call
His Council once again near to Whitehall,
And let them fit for to difpatch this Crew
Of Wolves and Tygers; Then will ftraight enfue
A lafting Peace 'twixt Him and People both.
I muft conclude, to fpeak the reft Fm loth.
This Book it fclf will fpeak enough, to bring
Peace to the People, Honour to your King,
b AMEN.
To all the truly Loyal-Hearted 3^hility, Gentry^ and
Commonalty of this Land : 7 he mofi grave, fiber,
jerious, and truly Religious Feofie, and moft faithful
obedient Subje5ls unto his frefent Majejly , though
, called by the Nicl^names of Fanaticl^,Presbyterians,
Independents,Anabaptifs,Arminians, SociniansJLa-
titudinarians, &c.
RO wze Loyal Fannees\oo]k well to your Guard,
The bold God^damme*s arein your Rear-ward:
Pray do not budg, keep clofe within your Station,
Thcle men of late have poifon'd half the Nation
With bloody Tenets under a difguift, '
' To make you Traitors, and a legal Prize
The Soveraign Tr ee of Tyburn to advance,
WhcreKachthtir Foreman,muft lead up the dance
Caird Tempers Mole-trap, and the Tories Gin,
(Now haveat all) to catch poor Fannees in.
God help you now: They fwear they will you kill,
Becaule of you they cannot have their will.
You have (fay they) difturb'd both Church & State,
For which they love you with a mortal hate.
And uow they'l hang you t' rid themfelves from evil.
And fend you packing to OldNic}\y\\t Devil
By fbmeSham-Plots.This is the only way
To flay fuch Rebels as have goneaftray
So long a time from their mofl: holy Churchy
And now 0/j/Mci^fliall leave them in the lurch.
Damm them and Sink them all,they fhall not live:
There's not a man whom our Great Charles (hall give
To him his Life,If we may have our will.
This is the time to ufe our utmoft skill
We'll
VVVil tell GtesLt Charles, that if he nowftouldlpaire
But one of theftj all his three Kingdoms are
In danger to be loft; and with this hellifti hook
We'll catch the Fifh^ and then how will they look
Like Sons of Whores,when Ketch fhall them befool,
And mount them up upon his three legg'd Stool ?
CouragCjbrave 7ownersa noble Plot3
EfFed but this,the firft will be forgot:
Make King and Council both to underftatid.
That damn'd Rogue Godfrey with his proper hand
Did flay himfelf: Our work will then be done,
And we fhall fhine like to the glorious Sun
At his Meridian height; and ever after
We'll break our Fafts with merriment and laughtet.
To fee what Fools we made the Tory Crew,
Who to'the Plot did ftraightway bid adieu.
And fwore to boot that we were innocent.
Of all the Impeachments which the Parliament ;
Did faften on us, whom we have outdone.
Although as guilty as our rifing Sun
Will (hew himfelf, when as he (hall appear
Before his Equals, to bring up the Rear
Of all the Plots and Sham-Plots that have been
Contriv'd by us er e fince his Coming in.
Here flop you Helhounds in your full career,
Thefe Loyal Fanns will make you quake for fear.
Their God above will furely them defend.
And bring your Rogueftiips to your fatal end.
Who then (hall fmile,and have you'in derilion.
For all your Libels,and your late Mifprifion
Of Treafon on them; from your bitter Gall,
To make them Rebels to their Kings fFhitehall.
But hark 1
You
Yo« fliall be Summon'd 'fore the Council-Board
Of the next Parliament, where a wife word
We (hall not hear from you, only Evafions,
Lyes,Shifts,and Stories,Mental refervations.
For to evade your guilt, which (hall appear
As clear as Cryftal in our Hemilphere.
When as bright(ball mount his Royal Steed,
To give us light, whereof we ftand in need ,
Heavens fay Amen now. If it be your will.
When this is donejet Peace continue ftill:
This,oh dear Heavens, is now my plain requeft.
That fo poor Farms at length may have fome reft.
(Bellum dat litem dat fax bona quaqne Deoru'm^
Vt tandem redeas^ jam feritura freor.J
*
I amy
Right Honour abley Right Worfhiffuly and n^ell-belo^
ved Commoner Sy
Your mofl Humbley
mofi Faitbfuly and mofl
Obedient Servant to be commandedy
Theophilus Rationalis.
Mukum
to
Multum in Parvo,
A U T
V 0,X V E R I T A T I S, 8(c:
That we are fallen into an Age wherein altnoft all forts
of Men amongft us are ftill fetled upon their Lees, there's
none of us all fo happy as to be ignorant thereof, and how
that the Judgments and Sentiments of Men (and more efpe-
cially in this latter Age of the World ) are moft ftrangely
degenerated, bialTed, enflaved, and almoft overwhelmed with pride, vain-
glory, hypocrifie, felf-intereft Cthat great D/ava and Goddels of this
World), ambition, pafiion, prejudice, partiality, faOiion, rebellion, the
efpoufing of a party, Et cum multis aliis^ &c. And yet that which is moft
wonderful, and matter of aftonilhment, is this, viz,. That all thefe Par-
ties, in general, or particular, do declare and pretend. That as to their
feveral Tranfaftions in the World, wherein they are concerned, and in
oppoGtion to the reft of their Neighbours, is purely to manifeft their
great and fervent Zeal to the Honour and Glory of Almighty God, and
to promote ( as much as in them lyes) a moft firm, exadt, and uniform
Obedience ( not omitting at all times their Ipecious pretences of their
fteady and untainted Loyalty to their Prince ) both in Church and
State.
But how thele Gentlemen, and fpecious Pretenders before mentioned,
will come off at the long run (for as we ufually fay. Finis coronat opus)
without a fcratch^t face, and a blot in their fcutcheons, when-as their fe-
veral Tranfadlions (hall be impartially examined and fearched to the hot-
torn, is a kind of a pretty queftion to be ftarted j and indeed it would
be a very ingenious and pleafant divertifement to any perfbn that would
mskie it hisbufinefs to ftudy the point, and thoroughly and impartially to
make an experiment thereof.
This fraall Treatife (Courteous Readers) peradventure may give you
fome fmall fatisfadion, in relation to the premiies 5 and it is more than
probable, that others hereafter of a more learned and more ingenious ca-
pacrty, may take example by this fmall and well-intended piece to en-
largcthereupon, and farther to explain what I have here fuccindly inti-
mated only for my own, and for fome others (which I (hall forbear to
namejprefcnt and (eafbnable fatisfadion,asto thole gxand Debates, Coun-
eels and Tranfadions which are now in the midft of us upon the wheel ^
(and here I muft beg, that the Lord of his infinite Grace and Mercy would
B * be
(2)
be pleaftd to fend us at length a good ilTueupon them all) both in Church
and State.
This I thought requifite to cite by way of Introduftion, and now will
take leave to conduct you fomewhat clofer and nearer to our matter in
handjEr homi foit que maty fenfe) 5 and herein we lhall proceed in manner
and form as followeth.
That we are fallen at prefenr^ not only into a degenerate, rebellious,
ambitious and ftubborn Age, but in particulari, into a very curious, cri-
tical, and obnoxious time in that age, viz. Anno Domini 1680, and 1681,
wherein ( as by experience is manifeftly true) a man is almoft made
(though not in the edg of the Law, but in the edg of fome others who
would be Law-makers) a Capital offender for ibme words placing or
fpeaking, which peradventure may be very good, orthodox and loyal in
themfelves, until they come to be fcanned, weighed, and interpreted by
others in a quite different and contrary fenfe. (I know. Courteous Rea-
ders, you are moft of you, at leafl the befl: of you, able, and I hope wil-
ling to joyn iffue with me herein, as Atteffators to the truth hereof).
But whether there be a fatality in thefe prefent years, as there was a-
bout 40 years fince, which are by-paft and gone, and all things buried (or
at leaft ought to be forgotten) in an Aft of Oblivion as to the Tranfafti-
ens of thofe (as we do ufually call them) rebellious times 5 or whether
this critical time doth portend good things to his Majefty of Great Bri-
tains (whom God of his infinite mercy long preferve for our peace and
quietnefs fake) affairs and concerns as to his prefent Government in par-
ticular 5 or whether of any good confequence to the Subjeftsofhis Three
Kingdoms in general 3 or whether this year the Lyon and the Lamb fhall
not lye down together (according to an ancient Prophecy ) 3 or whether
His Ma jefties juft Prerogative, and his Subjefts Priviledges fhall go hand
in hand together, I am not able to determine (although fbme pretend to
give a fhrewd guefs thereunto as to future contingencies), yet I will
hope the beft, as being fully perfwaded and convinced, that the God and
Father of our blefl'ed Lord and Saviour Jefus Chrift, who is the Author
of Peace, and Lover of Concord 3 and of the Souls of them who are
willing under their Magilkrates (whether Heathen or Chriftian) to live
quiet and peaceable lives in all godlinefs and honefty, will be pleafed at
length to bring forth peace, tranquillityj and order, out of all our difbr-
ders, animofities and prefent confufions. And herein let every true and
Loyal-hearted Subjeft and EngUfh man fay. Amen.
Butj however, this I am fure of (as being able to atteft that truth in
particular), viz. That humble Petitions and AddrefTes to His Majefty of
Great Britain, this year Anno Domini 1681, is A-la-mode, and the very
neweft fafhion ( and in my flendcr judgment and apprehenfion, is a very
comely, decent, and commendable fafhion) fince the DifTolution of the
late Parliament at Oxford, and His Ma jefties late Declaration to all his
Loving Subjefts, and Ordered to be read (by the Reverend Clergy of
the Land) in all Churches and Chappels 3 fince which time AddrefTes
and Humble Petitions have fwarm'd in a main, from all Points of the
compafi (wjs. from Cities^ Burroughs, Towns-Corporate, Lieutenancies,
Trained-Bands, &€.") as if they were refblved to ftorm Whitehall, Wind-
foT'CaJile, Hampton-Court, and His Majefty Himfelf (God of Heaven
ferve Him), with no other weapons than fteady and untainted Loyalty,
and with all dutiful and humble Allegiance unto His Majefties Govern-
ment, as it is now by Law eftablifhed both in Church and State : And
for the which the Lord High Chancellor of England, in the Perfbn of
His Majeft}', hath given them all his true and hearty Thanks for their lb
numerous and fealbnable appearing at this prelent conjuncture, in oppo-
fition to fome others, who, it feems, have not the good-hap with the reft
of their Neighbours (fure it was by the malevolent afpeCt and influence
oflbme aufpicious male-contented Planets), to form and word their Hum-
ble Addrefles and Petitions according to the pattern in the Mountand of
thele Loyal perfonsthat had been of the forlorn hope, and had marched
in the front of the battel, and being weighed in the ballance of the San-
Cluary (I do not, neither dare I fay, in the ballance of the Scriptures and
right rcafon), they were found too light, and for the which they have
a mark and a ftamp put upon them by way of diftinftion (I had almoft
faid like unto that. Revel. 13, 15, 16, 17. ) whereby they are branded
and ftigmatized as fatftious and difloyal SubjeCls (Sed ajjirmantis eji pro^
bare), and are therefore regiftred and recorded to be conveyed down
by the Pens Militant to future pofterity,as perlbns difloyal and difaffeCted
to the prelent Government, and to all thofe Noble Emoluments and Pri-
viledges which our Forefathers never yet faw, nor did enjoy (as fome of
the AddreflTes do moft happily and emphatically word it) in fo plentiful
a meafure, as under the prelent Reign of His moft Sacred Majefty (whom
God long preferve). The which I muft needs fay is a very hard cafe to
thofe poor Petitioners, and many of them good Gentlemen, able Citizens,
and Perfons of Quality, who peradventure did all mean well, though
their luck was bad 5 and therefore all the comfort that I can give them
in this particular (in regard Solanten miferiis is a very acceptable compa-
nion), is only this, That they would be plealed to confider. That if their
hearts and hands went together, and had no bale, nor rebellious, nor fa-
^ious defign therein whatfoever 5 and that they were conftious to them-
felves, that they did their King and Country good fervice in their late
Humble Addreffes and Petitions (although milconftrued and milinter-
preted)^ That our bleffed Lord and Saviour Jefus Chrift,when he was up-
on Earth (although the beft perlbn that ever breathed in the common
air), yet he could not elcape reflections and hard cenfiires from his Coun-
treymen the Jews, upon the like account: For fome of them faid ( and
but a few, God knows, in comparilbn of the whole Nation) that he was
a good man, when others of a more diffolute and loole converfation (aid.
Nay, but he was a Mountebank, and an Impoftor, and deceived the peo-
pie 5 therefore what Ihall we fay to all things, but only
Monflrum horrendum, &c.
But to proceed, and come yet a little hearer unto the matter in hand,
according to the Contents of'the Title-page, viz>. moft faithfully and im-
partially to examine and compare together the Principles, Praftices and
Tranfaftions of the Englifti Nation (but more efpecially by their Repre-
fentatives Aflembled in Parliament) Anno Domini 1640, and 1641. and
Anno Domini 1680, and i68i. (Thecompleat arid exaCtdiftShce of time
* the
[43
the Children of Ifrael, the peculiar People of God, were wandring, re-
belling and provoking bis Divine Majefty in the Wtldernefs, before they
were aftually poffeffed of the land of Catiaat^y. And wherein perfonsand
things do now look and reprefent themfelves almoft v/uh the very fame
ftce (nay I had almoft faid with a Ten times more ominous, ill-featured,
and difmal afpea than formerly). But yet notwithftanding I can by no
means apprehend the fame dreadful fate and confequencc will enfue now,
as did de fa&o in thofe preceding years (viz, a Nation wading and wal-
lowing over head and ears in hot Chriftian blood, and (heathing the naked
fword in each others bowels, and appealing to Law of Arms to decide
the grand Controverlie in thofe days, which fo unfortunately hapned bg-
tween the Commons of England Affembled in Parliament, and his late
Maiefty of deplorable Memory, the chief Magiftratc thereof), although
the true Phanatick, Tory and Tantivy-men of the Age, both inPrefi and
Pulpit, do endeavour Might and Main (and leave no ftone unturn'd in
thereunto) to pollels our Governours, and thofe that fit at the
Helm, with this vain, frivolous, and (I hope) ridiculous belief But, blef-
fed be God, there are yet fome few Wife men among us, who are of the
contrary perfwafion, and can penetrate as far into a Millftone as them-
felves, and who underftand thtir black defigns and meanings herein well
enough (and how that they would willingly, and with all their hearts and
fouls be warming themfelves at fuch a fire); And there is a juft and righ-
teous God above, who will at the laft (as he hath in feme good meafure
done already) countermine, bring to light, deftroy and confound all their
Plots and Sham-plots of this and the like nature whatfoever, and will make
them to be rendred in his own good time, the very off-fcum, fcorn, con-
tempt and derifion of ourEnglifti Ifrael, and (ball be handled and tranf-
dated down to future pofterity as the firebrands and principal fomentors
of all our animofities and unhappy divifions.
And here to come to a right undetftanding of thofe precedent Tranf-
aftions, we muft make a Digrdffion, and by a retrograde ftep take a
tranfient view of the many Preduffors of our late unhappy Troubles and
Revolutions, and which were engendring and fomenting in the Body
Politique from the time of the Death of King until the beginning
of thofe years, wherein by reafon of a Long, long, long Interval of Par-
liements (or rather as fome would have it, a long interregnum of two vi-
tal parts of the Conftitution it felf) our EngliCh Monarchy (although
thebeft and well-temper d Government, when the exercife of the vital
parts thereof be not obftrufted in its due circulafion, this day in the Chri-
ftian World) received for fome time among us its Mortal wound.
And herein, asl would not for my right hand vindicate or juftifie any
Illegal, Unwarrantable, or any Tyrannical Proceedings of any particular
Number, or numbers of men whatfoever, and who were adually con-
cern'd in thofe late, moft difmal, and moft deplorable revolutions 5 fo,
on the other fide, I would not altogether condemn all them who were
then in the Vogue of the people, the efteemed Patriots of their Lives,
Liberties, and Properties, and the grand Affertors of the Kings Majefties
moft Legal and Juft Prerogatives both in Church and State 5 and thofe
that are yet inter vivos of them, do moft folemnly proteft and declare.
That in procefs of time, Peffons and Tranfaftions were ftretched forth
to
[5] ,
fo preternatural Dimenfions, and Diametrically oppofite to the primary
intentions and inclinations of the Houfe of Commons themfelves^ and
His prefent Majefty that now Reigneth (whom God long pneferve in
the midft of us) was pleafed from Bredt mofl: gracioufly to obferve,
■Die.. That through miftakes and mifunderltandings, many inconveniencies
were produced, which were not intended. And that the LoTig Parliament^
fo called (although there hath been a much longer (ince) had no defign in
the leaft meafure in their primary thoughts and , intentions to fliake off
the Monarchy (although there are fome particular men at this, prefent
conjuncture of time in the Pulpit that make them, to Ahab\
and that Nuboth's Vineyard and Inheritance was their principal defign, al-
though flily couched under the fpecious aiid gpdly pretence of Liberty
and Property 5 wherein I think they:are true Tory-meti indeed, and very
uncharitable in the higheft meafiire ), but only to prune and pare off
fome Luxuriant and overgrown branchesfwz.. Court Parafttes^cvW Coun-
eels, who were great Favorites, corrupt Judges, and fuch-like Sycophants)
which had well-nigh fucked (like fo many idle Drones) the very Gp from
the root of our moll: Noble, Magnificent, thrice happy, and never enough
to be admired Triple-Conftitution.. ^
And in order to the accomplilhment of the aforementioned premiles,
I have confulted leveral Authors for my befi: fatisfaftion, that are now
extant, as to-the Tranfaffions of thofe times, wherein, I muft confels, I
do find them at a very great diftance and oppofition one to another, and
very various in their feveral fentiments and apprehenfions, according to
their particular inclinations as to the merit of the caufe on either fide;
wherein, by the way (although with all due fubmifijon to the more grave,
acutate and difcerning Judgments of the Learned) I do humbly,conceive,
fome of thefe have erred too much on the right, and ,others,<tjpo^t^uch on
the left hand , but yet as to matter of fad, as.t.o, what, 3^al|,^^done
and tranfaded in thofe days, they do in the main general^. aJJt^rce.
And among the reft I have peruled one piece in particulai;^;which: in- my
(lender apprehenfion hath avoided both extremes (and as,we do ufually
(ay. In Medio conjijiet Virtus), and hath pafled and C/w/M?/. vyith-
out any danger of too much refleding, upon either fide .v Him ;I have
made choice of in particular, as one of the ableft.Pilates,to ftpppmy courfe
through the Channel (whereby to avoid thofe-many Rocks^and Quick-
(ands which a man may fuddenly run upon, if he have not; tjjifl C^dud
of an experienced guide), and fo God fend the good Ship
tas unto her defired harlxjur; A Ship, though but (mail 'iuj b^k,. yet;
pretty handfomely and tight built for Publick (ervice, and will
be able ftoutly to defend His Majefties particular, P.erlbn^j.andrGo-
vernment, by Ring, Lords and Commons, againft .aU,)bQld' Affaffinates,
againft all crafty Incendiaries, againft all curfed Achitopkelsi againft al(
abfolute Monarchical Tories and Tantivies, againft all Blood-thirfty and
Hellifti Papifts whatlbever, who would not only, ..pervert, but utterly
deftroy the prefent beft eftablifhed Government this day in the Chriftian
World, by ftretching of it forth beyond its legal and due bounds, pro-
vifo's, reftridions and limitations. And from fuch notorious and malicious
perfons in grain, let every good and loyal Subjed, and every true En-
glifti-man infert it in his (^oditian Litany and private Devotion,' Libera
tios Domine. * G The
14
The Title of that particular piece I have even now mentioned is, wss.
The Reign of King Charles: By H. L. Efquire.
London, Printed by F.L. and J-G. for Henrj Seile,ScmoT and Junior,
over-againft St. Dttnjians Church in Fleetjireet, and Edward Dod at the
Gun in Ivy-Lane, Anno Domini 1656.
And that the (aid [lerfon was not biaffed, you may perceive by the
Date thereof: It was in the time when the late Tyrant Oliver Cromwell
had aHumed the leat of chief Magiftrate 3 and at that timeof day to have
dipped his Pen in gaH, might have been very grateful and complelant to
that grand Ufurper, who having luch a puiflant and dreadful Army of
well-dilciplin'd, viftorious and well-paid Janizaries at his Command, made
the Lyon fo impudently bold, as to call our grand Charter of England^
Magna Charta, Magna F—^—And in a fmall fpace of time after that, it
pleaftd God to fnatch him away from us in a high tempeftuous wind, as
an example to all future Tyrants who (hall oflFer to attempt the like bold-
nels upon our fundamental Laws, Liberties and Properties.
And that you may be the better fatished as to the impartiality of this
ingenious and fair Hiftorian (what he waSj or is, if as yet inter vivos^ I
cannot tell), Pray do but perufe his Preface to the faid Hiftory, and you
will find in his Verbis, in his own Apology, viz.
What Oblique Defcants will come to Traverfe upon this honeft Narra-
tive, I already prejudicate. The fate of thole who write of Times within
ken , Time's better for the Hiftory, than for the Hiftorian.
For while they render truth more refplendent, they ufually bring the
Relator under a cloud, whence the bane of all faithful Tradition, that an
Hiftorian is rarely found, until the truth be loft: And what is Hiftory
without its Idium? Truth, but a meer Romance: And if fo, what Pen
will undertake the Hiftory of a King } Kings in their Funftions fo nearly
refemble the Divine Nature, as God himfelf hath ftiled them Gods. And
as in many relpefts they reprefcnt it, fo alfo in that of Cyprian, though
not in his fenle, De Deo etiam periculojum efi dicere verum. Though as
man they are within the incidence of frailty ( for as that Emperor faid,
Imperium nan tollit affeBns, Soveraignty doth not profcribe humane affe-
ftionsj, yet their failings have been in former times accounted like their
Perfons, fo facred, that to touch them, though never fo tenderly, hath
been efteemed Petty-Treafon: But in King Charles (the grand concern-
ment of thefe Annals) the danger is counter-changed, and to exhibit in
him any thing of merit and importance lels than a Nero or Domitian^
many will not endure. And thefe two extremes make my paffage through
this Hiftory, like that of Jonathans to the Philifiins , a flaarp Rock on
the one fide, and a fharp Rock on the other fide. Which confideration
hath moved me to decline many things, other wife remarkable, and not
commonly known, and to content my felf with faving truths 5 nor fhould
I have adventured a modeft Vindication of this King in fome particulars
(not reflefting upon the fatal proceedings againft him) had not the inge-
nuity of fome eminently difaffefted to him led me the way.
But if in relation to thefe perils I have been ftudious to bear my felf
ereft, yet in other concernments fome will cenfure me for too ftrong a
Bials.
Some
/
[7]
Some will fay, peradventure, I feem no friend to the Clergy 5 and left
my filence fhould make this an Accufation, which is but a meer Calumny,
I anlwer, Churchmen I honour (no man more), and this I do for their
Sacred Orders fake; But if their Order be Sacred, it doth not (I wilh it
did) make all fuch who are initiated in that Order 3 too many of that
holy profeffion are, ever were, and will be Sacred in another, and worle
(enfe. , ^ i,
The unlanftified lives of (bme officiating at the Sacred Altar, have been
the complaint of all ages. Read we hot (to their (hamej qf the Ions of
£/;, whole impiety made them abhor the Offerings of the Lord ? Doth
not Chryfofiome tell us of fome of his Contemporaries, v/ho, had Canonical
Difcipline, been punftually obferved, Ihould not have been permitted fo
much as to ftep over the threlhold of Gods houle, were notwithftanding
advanced to the higheft grifon of Church-Dignities ?
And if this Narrative prelents feme Ecclejiaflicks blame-worthy, the in-
ference is fallacious, that therefore our times are worfe than former ,
or that the accrimination overfpreadeth all: No, what St. Angujiine faid
of fome Enormitans in his time, is no lels true of ours 5 That though
our Church had caufe to grieve for the blemifhes of fome, yet might me
glory in the Ornaments of more. ,
And fo much (hall ferve for my prelent purpole as to the former part Etficonflrifia.-
of this Authors Preface, wherein he doth endeavour to fatisfie his Rea- ^
ders, that he will carry an even hand between either fide, and fteer his
courfe aright 3 and fo far I lhall endeavour (as much as in me lyes) to confoimur d»
write after his Copy : But yet where perfons are blame-worthy, I (hall fiuribus orm-
not be Meal-mouth'd, but let them know their failings and embecilli-
ties, until they give me bet'ter latisfaftion than I have at prelent concern-
ing their Reformation.
And now to tranfcribe fome of this Authors Narrative, concerning the
Reign of King Charles the Firji 3 fo wile, fo vertuous, fo temperate, fo
thafte, fo learned, and fo religious a Prince, and a ftrong aflertor of the
Doftrine and Difcipline of the Church of England againft the Old Gentle-
man at Rome^ and all his adherents 3 yet that this Prince after his Death
by the Pens-Militant, inftead of inlerting this Parenthefis concerning him,
(as they have done of many Princes after their deccale ) of Ever blejfed
Memory^ ftiould be conftrained to counterchange their Dialed, and fay
of Evef unfortunate and deplorable Memory 3 I muft confels is fo profound
a myftery unto me, that I ain not able to fearch and penetrate into the
depth thereof, and therefore muft leave this (I could wilh I vvere not able
to fay fo much by experience) moft unfortunate Prince (though of Ever
blejjed Memory in fome fenle) unto the fearcher of all hearts (and before
whom all things are naked, bare and open), who worketh, and wilely
difpofoth of all things both in Heaven and in Earth, according to the in-
fallible ahd tnoft unerring Councel and Didates of his own Will. ' ^ ,
But to proceed in my intended defign, to Tranfcribe from my Author
fome of the particular and moft material Tranladibns as to matter of fad
in thofe days ( and ftiould I have tranfcribed the whole, it would have
been a new Edition of the faid Narrative, and would have Iwelled this
fraall piece (which was intended for no other in my primary cogitations_)
unto a very large Bulk, the which you may pleaTe to perule in manned
and form as follovvethj wz. ^ J^ing
[8]
King J ames furrcndred his Soul to God (and his Three Kingdoms to his
Son) at Thtobalds^ Anno Domini, Marchxh^ 2yth^ 1625.
And now it will not be amiis faith the ingenious Hiftorian^ nor vary
froru the ufual ceremony ordained to the body of extinft Princes, if I
here reprefent in brief the pourtraifture of this Famous Monarch, which
I will do freely, fincerely, and with a fpirit which equally difdains to li-
bel or flatter him.
HisCharaftctt In the ftile of the Court, he went for Great Britains Solomon 5 nor is
it any cxcurfion beyond the Precinds of verity, to fay, that neither Sri-
tain^ not any other Kingdom whatfoever could ever fince Solomon's days
glory in a King (for recondite learning and abftrufe knowledge), fonear
a match to Solomon as he : And though he was a Univerfal Scholar, yet
did he make other Sciences (their mofl proper imployment), but drudges
and fervitors to Divinity, wherein he became fo tranfcendenrly eminent,
as he notorioufly foil'd the greateft Clerks of the Roman See: Nor did
his Theological abilities more advantage the Caufe of Keligion abroad^
than at home, they keeping the new-fangled Clergy aloof, and at a di-
fiance, as not daring to infufe into fo folic! a judgment their upftart and
erroneous fancies, no nor difquiet the Churches peace with Heterodox
opinions (by which it appears this Author and King James were both
Calvinifls, as to their particular Sentiments in matters of Religion) ^ A
^ flout adverfary he was to the Arminians and Semi-Pelagians^ whom he
^ , called as Profper before him ( and fo doth the whole tribe of them ever
fince J the Enerhies of Gods grace,
i. v.. . ^ ^nd as flender a friend he was to the Presbytery (here he intends in
* ) / matters Ecclefiaftical, as to the form of Cliurch-government and impofed
/ Conflitutlohs), ^ of whofe Tyrannical and Antimonarchical principles he
had from'his cradle fmart experience 5 He was an excellent Speaker, the
Scheme of his Oratory being more flately than Pedantick, and the Ex-
preffions argued him both a King and Scholar : In his apparel and civil
garb he feemed naturally to affeft a Majeftick carelefhefs, which was fb
hedlick and habitual in him, as even in Religious exercifes ( where the ex-
ternal demeanor is a grand part of that facred homage) he was fbmewhat
too incurious and irreverent: He was indulgent a little to his Palat, and
had a ftilack of the Epicure : In pecuniary difpenfations to his Favourites
he was moll excefiive liberal, yea though the exigence of his own wants
pleaded fetention : Nor was Solomon himfelf more a Solomon^ according
to the true notion of the word, which imports a man of reft, than he,
(elefting for his Motto, Beati Pad fid ^ or the feventh Beatitude, as moft
agreeable to his genius and natural conftitution '-i He was ftudiousof peace
foraewhat over-much for a King 5 in purfuit whereof, Virtue flew to a lef^
fening, and (in the opinion of many) out of fight, he incurring thereby
the note of Pufillaniraity,very fufpicious from his managing the Caufe of
t\\Q Palatinate for bad not the thought of War been terrible unto him,
would he fo'long have endured his Son-in-law, exterminated from his
Patrimony, while the Fadlion (to his great difhonour) cajol'd,
and kept him in delufbry chat with fpecious fallacies ? Would he in thofe
feveral Negotiations 6( Carfifie, Brifiow^ Belfaji and Wefion^ have (pent fb
vaft fums, the moity whereof, had they been difpofed in Military-levies
and preparations, would'have Modell'd an Army able (when Hidlebnrgh^
MoH'
Manhrein and Franki^dJe defended thcmfelves) to have totally diflipated
all the forces of the Ufurpers, to have Mafter'd the imperious Eagle, en-
forcing her to forego her Quary, and reinftate the Puulfgrdve .<? Would
he fo tedioufly have courted the Alliance of SpaWy to the very great re-
gret of his Subjeds, whom his Predeceflbr had fb often baflled, and
whom Etjglufid ever found a worfe friend than enemy? What ftronger
'Evidence can be given in of a wonderful defeft of courage ?
As this faint-heartednefs loft him the reputation and refpfedsofhis Peo-
pie, fo his heavy preflures upon them, and undue Levies by Privy-Seals,
and the like, alienated their affedions, cfpecially confidering how thole
Moneys were milemployed, indeed rather thrown away, partly in the two
dilhonourable Treaties of Spain and Germany^ and the confequential En-
tertainments, and partly in LargelTes upon his Minion Buckif^gham^ Be-
tween this dilaffedion and contempt in his People, there was generated a
general difpofition to turbulent and boifterous darings, and expoflulations
even againft his darling Prerogative. And though thole difmal calamities
which after befel his Son, were ampliated doubtlels by a fuperfetation of
caules, yet was their firll: and main exiltency derivative from thole re-
cited grounds: Let Court-Pens extol the calmnels of his Halcion Reign
with all the artifice of Rhetorick: Let them conclude the Parable, and
tell us, God gave King James alfo as he did Solomon^ reft from all his ene-
mies round-about, yet can they never truly deny, but that admired feve-
rity had its fet in a cloud, and that he left to his SuccelTor a Crown of
Thorns, as being engaged to contend with two puillant Enernies: Firft
the mighty Monarch of the Weft, the King of Spain. Secondly the more
invincible of the two, an empty purfe 5 For that King who hath this
Enemy to encounter, lhall never atchieve any thing of glorious pro-
duftion. '
The death of this Famous Monarch cauled no other interregtium^ than
of joy , his Son Charles being immediately by Sir Edward Zonch (then
Knight Marlhal) proclaimed at the Court-gke, King of Great Britain,
France and Ireland, His firft Aft of Regality vvas to difpatch Avifo*s of
his Fathers deceale to Foreign Princes and States, his Correlpondents, with
whom he was in Amity. Next, he took into care the becoming Obf^-
quies of the Royal Corps, which removed from Theobalds to Denmark^
houfe in London, April the 23^/, was thence, the yth of May, conveyed
to We(iminfier, and there inhum'd with the greateft Solemnities, and
moft ftately Ritualities could be devifed. ^
Though grief had taken up the principal Lodgings of King Chdrtes his
heart, yet did it not quite turn love out ofdo'ors: but he hWftill att
to France, and held himfelf concerned to let his Agents kn'q;^ he Wasmtntf-
iful of the ftock he had going there 5 and tCH rba^a firm aflhratfee of hiS' fd'
rious intentions. He fent over Letters of Procuration for the DhkeofCi^-
vereux to elpoule the Lady Henrietta Maria 5 only he added this efpecial
precaution. That thofe Letters ftiould not be reiigned up until May the
Sth, when the Celebrities of his Fathers Funeral would be over 5 for he
.would not that grief and joy (things incompatible) ftiould juftle. But
thele inftruftions ( for what caufe I know notj were not in all points
precilely obferved: for on May the 11as others 5 and the firft, as we
compute, fix days before King James his Oblequies, the Efpoufals were
D fblertinixed
[lo]
folemnized in the Church of Nojiredume in Pctris ^ the Queen being
given by her two Brothers, the King and Moqfieur ^ the Nuptials paf^, the
lioyal Bride prepared for England 3 and to wait upon her with the greater
fplendor , his Majtfty difpatcheth over the Duke of Buckingham^ with
the Earl of Montgomery^ and other Perlbns of Quality. Alay the 24/A
they arrived at Paris, and June the 2d the Qi^ieen (after the iteration of
mort: affeftionate adieux reciprocated and interchanged between the
King and her feif^, fet forward for Amiens 5 where being attended with
a moft: Princely retinue, fhe was under the reftraint of a Magnificent
Entertainment till the 16 of that Month ^ thence (he dif-lodged for Bui-
loigne, where (he was to Erabarque for England (the Contagion then be-
ing much at Calais ) 5 there fhe found ready to receive her 21 tall Ships
lent from her deareff, with a gallant Convoy of the Dutcbels of Bucl^
ingkam, and other Ladies of Honour and Eminence to ferve her.
June the 22d (he let Sail for England, and Landed fafe at Dover, after
a turbulent and tempeftuous paffage. His Majefty lay that night at Can-
terhury, and next morning with joy incredible greeted his Koyal Confbrt,
and conducted her to Canterbury, where the Marriage was finally com-
pleated 5 the Duke of Chevereux, his Majefiies former Reprellmtativej
configning up his precious charge to the King, &c.
I have heard (bme who undertake to mate all events with their pro-
per caufes, pafiionately afcribe Englands Calamities to thofc Internuptials, ^
and fetch that ireful ftroke of Divine vengeance upon his late Majefty^
from his Marrying a Lady of mif-belief.
Grant I do, that both England's and his Majefties Sufferings may (in
fome Ibrt) be reduftive to the cafualty of that Match 5 but that there
was any intrinfick noxioufnefs in it, either as French or Popifi, I am not
yet convinced.
The fame time, while His Majefty was thus bufied in his Amorous Ne-
gotiation abroad, he plyed as well his Intereft at home 5 and while he
Wooed his Royal Mifirifs there, he made Love to his People here, by
Summoning a Parliament, that League being not more important to him
as Man, than this as King 5 for as Man is without a female Confbrt, fb
is a King without his Supreme Council, an half-formed fteril thing, the
natural Extradfs of the one, procreated without a Wife, are not more
Ipurious than the Laws, the politick Delcendents of the other, without
the coition of a Reprefentative. The folemnity of this grand Match
was commenced at VVeflminjier, June the i^th. At firft interview it ap-
peared under the,fcheme and fafhion of a Money-Wedding, and, in
truth, the publick affairs did then implore no lefs. Upon the opening
the Parliament, the King imparted his mind to the Lords and Com-
mons to this effe^.
My
C"3
My Lords and Gentlemen !
YOZ) are not ignorant ^t hat at your earnejl intreaty^ Mardh 25.1625, fftj
Father ( of happy Memory } firjl took up Arms for the recovery of the
Palatinate 5 for vphich purpoje^ by your ajjijiance^ he began to forfn a conf^
derable Army^ and to prepare a goodly Armado and Navy-Royal ; But death
intervening betw.een him and the atchieveme7it^ the War tcitb the Crown is
devolved upon me. To the profecution whereof as I am obliged both in Na-
ture and Honour , fo I quejiion not but the fame necejfty continuing^ yon
will cherijh the a&ion with the lik^ affeHion, and farther it with a ready con-
tribution. Truest is,you furnijhed my Father with affeSionate fupplies, but
they held no fymmetry or proportion with the charge of Jo great an enterprise,
for thofe your Donatives are all disbursed to a penny 5 and I am enforced to
Jummon you hither, to tell you. That neither can the Army advance, nor the
Fleet Jet forth without your aid.
Confder, I pray you, the Eyes of all Europe are defxt upon me, to whom
1 fjall appear ridiculous, as though I were unable to out-go Mujier and OJien-
tation , if you now dejert me 5 it is my firjl attempt, wherein, if JJuJiain a
foil, it will blemijh all my future Honour.
if mine cannot, let your Reputations move, deliver and expedite me fairly
out of this War, wherewith you have becumbred (Jet it never be Jaid wherein-
into you have betrayed) me. I dejire therefore your fpeedy fupply 5 fpeedy I
call it, for elfe it will prove no fupply. The Sun you kfiow is entring into his
declining point j fo it will be foon too late to fet forth, when it will be rather
hot too foon to return. Again, I muji mind you of the Mortality now Reg-
nant in this City, which Jhould it (and fo it may, and no breach of priviledge
neither) arreji any one Member of either Houfe, it foon would put a period
both to Confultation and Sejjion, fo that your own periclitation necejfiitates an
early refolution.
Jn fum, three of the bejl Rhetoricians, Honour, Opportunity and Safety, are
all of a plot, and plead, you fee, for expedition. Perhaps it may be expeBed
1 fiould fay'fomething in way of Account of my Religion, as alfo of the
Temper and Tenure of my future Government. But as I hope 1 have not
been guilty of any thing which may JuJily Jiart the leaji quejiion in either, fo
I would dejire you to repofe in this ajjurance. That I will in neither vary from
thofe principles, wherein I have been infituted at the feet of that Eminent
Gainaiiel, my late Father.
The Speech being ended, the King Vailed his^ Crowd, a thing rare in
any of his Predeceflbrs.
Though denied it could not be, but this Speech vs^as elemented of very
rational materials, and ponderous arguments ^ yet it did not caufe Puch a
f)recipitation of refolution, but that the Parliament did defcend to the
confideration thereof by degrees. - '
That which retarded the Debate, was this: They had in ftore by them
two Petitions 5 one for Religion, the other againft Grievances 5 to which
having been moulded in King James his time, and preferr'd to him at the
dole of the laft Seffions of the laft Parliament, they (as yet) never re-
ceived anfwer. They faid it w^s the ancient, and as they conceived, a
molt
E»]
moll: prudential pradice, to prefent Petitions at the Commencement cf
Parliaments, or fo long before their Diflblutions, as the King might have
time to return a deliberate Anfwer 5 That the ftme courfe they were re-
folved ll:ri6tly to purfue, and give priority of di(patch to thofe Petitions,
before any other bulinels whatfoever 5 which accordingly they did.
To the feveral Heads againft Grievances, His Ma^efty gave a difiinft
and fatisfadtory anfwer, and promiled largely upon the Petition for Re-
ligion ^ and the better to draw on Supplies, he did audit unto them the
feverat Disburfements, both relating to the Army and Navy, that fb all
jealoLifies of mif employment might be removed 3 which produced (b
good effedts, as that the Laity gave him freely, and without condition,
two Subfidies from Proteftants, and four from Papifis, as a muldt frotn
the Houfe upon their Recufancy, and the Clergy three.
This was upon^«/y the Sth ; and the next day the King (ignified. That
he took notice of the (lender appearance in the Houfe, by reaibn of con-
tagion, and that therefore having a tender regard to their healths, he
declared his intention of Adjournig them upon Monday next, being the
n//) of that Month, which accordingly was performed to the iji of
Auguji 3 and Oxford named for the place, which gave dilguft to (bme
Members of the Houfe.
In this Seflions of Parliament was Mr. Montague queftloned for Pub-
lidiing certain Books prejudicial to the Proteftanc Cau(e, for which he
was ordered to be brought to the Bar 5 to whom the Speaker declared
the pleafure of the Houfe, That they would refer his Cenfure to the
next Meeting ^ and in the interim, in refpcdt of his notorious contempt,
he (hould ftand committed to the Serjeants Ward, entring Bail for his
then appearance.
But Mr. Momtagne had, by the cunning artifice of his Court-friends,
crept into the Kings fervice undifeern'd , and the Ring (ignified to the
Parliament two days after. That he thought his Servants ( whereof
Mjountagne was one ) might have as much Protedion as the Servant of
an ordinary Burgefi; neverthelefs his Bond of 2000/. whereupon he
was Bailed, continued uncanceled.
Auguji the iJi the Parliament met again at Oxford, the Divinity-
School was appointed for the Houfe of Commons, and the Galleries above
for the Houfe of Lords.
The ^th of the feme Month, both Houfes were called together to
Chrifl-Church-Hall by the King, where he laid open unto them his wants,
for fetting forth the Fleet j but the Parliament, before they would ra-
tup any Anfwer, prefented him with a Petition againft Recufents, to
this effeft.
[^3]
Moft Gracious Soveraign!
"TT being infallibly irue^ that nothing can more ejlablijl) your Throne, and
J ajfnre the peace and profperity of your People, than the unity and (incerity
of Religion , We your Majejiies moji humble ^nd loyal Subje&s, and Com-
?nons in this prejent Parliament ajfembled, obferving that of late there is an
apparent, mifchievovs increafe of Papijis mthin your Dominions, hold our
jel ves bound in confcience and duty to prejent the fame unto your Sacred Ma-
jejiy, together rvith the dangerous confequences, and what we conceive to be
the moji principal caufes, and what may be the remedies thereof.
I. Their defperate ends, being the Subverfon both of Chmrch and State
and the rejUefnefs of their fpirits to attain thofe ends, t he Do&rines of their
Teachers and Leaders perfwading them, that therein they fljall do God good
fervice, •
3. Their evident and (lri& dependance upon fuch Foreign Princes, as no
way afed the good of your Majejly and State. ,
5. An opening a way of Popularity, to the ambition of any who fsaU adven-
tnre to ma^ himfelfHead offo great a party.
.. t r' .t , ■ •
The principal caufes of the increafe of Papifts-in thofe times, and the
remedies propofed by the Parliament, I fhall refer you to the Book it
felf for your farther fatisfaftion. To .all the feverai branches thereof
the King, Augufi the ph, gave fuch a plaufible and fatisfaftory anfwer, as
nothing could be defired more.
One good turn requires another : And as the King had given the Par-
liament ample content by this Anfwer, fo he hoped they would be as
cheerful in fupplying him with Moneys, for which he earneftly impor-
tun'd them, and more efpecially for his great Naval preparation 5 where-
upon enfued a great Debate in the Houfe 5 fome were very prompt to
give, without delay 5 fbme would give, but in convenient time,, but not
then 3 others would give, but they complained that the defign was ma-
naged by young and fingle Councel 3 that Sir Robert ^Mdnfell, a man of
lingular judgment and experience, had declared againft the Plot, and had
fender'd to the Council of War a projeft of much greater advantage,
and lefs expence, which was approved by the Lord of Chichejler 3 to the
which the Solicitor replied in the Dukes behalf. That the Council of
War (for the generality) much difliked the projed of Sir Robert, and
concluded upon what was then intended 3 but the greater part agreed
not to give, and to make an humble Remonftrance, declaring the Caufes
and Reafons of their not giving. .
Mof^ of the Voters of this Remonftrance flew high, and impetuoufly
prefl in upon the Duke 3 fome would diveft him of his Offices, the Ad-
miralty efpecially 3 others of his Revenue, by refuming what he poffeft
of the Crown-demeans 3 others demanded an account of what publick
Moneys he had been entrufted with. This being fignified to the King,
he fbon prognofticated of what quality the Remonftrance would prove 5
therefore immediately in diftafte, he determined to Diffolve the Parlia-
riieht. ' ^
* E The
Ch]
The Houfc of Commons were Refolved into a Grand Committee,
when the Uftier came from the Lords Houlewith that Meflfage^ and be-
fore they would permit the Solicitor then in the Chair, to leave his feat,
they agreed upon a Proteftation, which Mr. GlanvHl flood up and de-
dared to this effeft.
Firft, To give his Majefly Thanks for his Gracious Anfmr to our Petition
for Religion.
Next, For his care of our healthy in giving us leave to depart this dan-
gerotis time.
Laflly, A dutiful ^ Declaration of our ajffe&ions^ and loyalty^ and purpoje
to fupply his Majefly in a Parliamentary-rvay^ in a fitting and convenient time.
* This being done, the Speaker took the Chair, and admitting the Uflier,
he declared his Meflage from the Lords concerning the Diflblution of
the Parliament.
Now had the Ring an opportunity for his Summerl pafl-time, but that
his own progrels might not impede that of his affairs, his Council were
commanded to go along with him. By whofe general advice, two things
were moft confiderably refolved upon:
Firfl^ That the Fleet ftiould fpeedily be put to Sea.
Secondly^ That a more flrid Amity (hould be enter'd into with the
States of the United Provinces.
Several were the Defeantsof fuch as pretended to judicious cenfure, as
fancy and affeftion fwayed the ballance 5 fome blamed the Parliament for
not fupplying the Kings neceflities, whereby the Fleet put forth too late 5
fome reflected finiflerly upon the Duke, feying. It never was, nor never
will be well with England^ while the Sea is under the Command of an
Admiral fo young, and withal fo unexperienc'd 5 others alfo made de-
du6tion from this mifearriage of Gades Voyage, in reference to the King 5
that becaufe Commencements do often forefpeak the qualification of fu-
ture contingencies in the feries and row of fucceeding affairs 5 they much
feared this was but the earneft of fome inaufpicioufnels which would
attend the refidue of his Reign: Nor, among the reft, was Captain Brett's
conjefture vain, who told the Duke, That the Fleet was never like to
fpeed better, wherein there went a long Bag without Money, Cook
without Meat, and Love without Charity 5 for fo were the three Cap-
tains named 5 and a great default there was doubtlels of fufficient pay, of
wholefome meat, and unanimity.
The Michaelmas-Ttim was by reafon of the infedion at London^ tranfe
lated to Reading ^ from whence the King, according to late Anfwer in
Parliament, iffued out in November a Commifiion to the Judges, to fee
the Laws againfl Recufents put in Execution.
This Commiffion was read in all the Courts of Judicature at Reading,
and withal a Letter was direfted to the Archbilhop of Canterbury^ en-
joyning him to take fpecial care within his Province, for the difeovery of
Jefuits, Seminary-Priefis^ and other Recufents, offenders againfl the Laws.
It was,in truth,high time for fevcre Proceedings againfl thera,they having
contrafted fo much infolence, and prefuming upon proteftion, by reafon
of the late Match 5 that at Winchefler, and many other places, they fre-
quently
C'5]
' *
qiiently pafifed through the Churches in time of Divine Service, hooting
and hallowing, not only to the difturbance of that duty, but to the Icorn
of our Religion , yea, and one Popifti Lord, when the King was at Chap-
pel, was heard to prate on purpofe louder in a Gallery adjoyning, than
the Chaplain prayed ; whereat the Ring was fo moved, that he lent this
MelTage too him, viz,. Either let him come and do as we do, or elle I will
make him prate farther off.
On February the this year, Anvo Domini 1625, the King was
Crowned at Wejiminfler with the ufual (though I cannot fay Magnificent)
Ceremonies and Solemnities.
The Coronation being part, the King prepareth for a Parliament now
approaching, the laft he thought was Ibmewhat uncivil towards the Duke i
and the Delinquents (as he thought) muft be made examples: Upon this
account the Lord-Keeper Williams^ foon after the Diffolution of the
late Parliament, fell, and his place was difpoled of to Sir Thomas €0-
ventry, &c.
On the 16th of this February^ the Parliament met 3 the Commons be-
gan their work, where they laft broke off at Oxford, making Religion
their firft, and which was their fuperlative care 5 recollefting what a full
and latisfaftory Anfwer the King gave to their Petition againft Reculants,
and his Commifiion iffued out in purluance of that Anlwer, appointed
a Committee for Religion, impowring them moft ftriftly to examine
what abufes of his Majefties Grace had occurred fince that time, and who
w^e the Authors and Abettors of the fame.
The Houle of Commons being in expedation of Ibme Dilcovery from
' their Committee, at length Mr. Prin made a report of a Letter written
to the Lord Mayor of Tork., for reprieving fome Jefuits, Priefts, and o-
ther Reculants. This Letter being under the Signet, a fub-Committee
was ordered to fearch the Signet-Office, and compare it with the Ori-
ginal.
Thele Proceedings inwardly much difplealed the King, yet he fmo»
thered the indignity for a time, though he did after intimate the lame
unto them among his other regrets: And plying his more important af-
fairs with a moft fteady temper, he lent a Meflage unto them by Sir Richard
We/ion, to this effed, viz.
That his Fleet is returned, and their ViBuals Jpent 3 the Men muji ofne-
ceffity be dijcharged, and their rvages paid them, or elfe mutiny mil follonf^
vehich may he of dangerous confequence.
That he hath in readinefs about 40 Ships, to be Jet forth upon a Jecond
fervice, rehich want a prefent fupply of moneys.
That the Armies, quartered on the CoaUs, want Visuals and Cloaths 3 and
they will Disband, if not furnijhed.
The Companies of Ireland lately Jent, muB fpeedily be provided for, elfe
they may be fubJeB to rebel.
LaUly, The feafon for providing healthful provifon will be paji, if this
Month of March be Juffiered through negligence to elapje.
And therefore he dejired to kyjow without more ado what prefent Jupplies
he muji depend upon from them, that fo accordingly he might fhape his courjei
Inftead
[I6]
Inftead of a fupply to his Meflage, Mr. Clement Col^ (Son to Sir Ed'
ward Coke) a Member of the Houfe of Commons, let fly this reply : It is
better to dye by a Foreign Enemy^ than to be deflroyed at home and as if
the Prerogative had not been fufficiently alarm'd by that expreflion ,
one Turner, a Doftor of Phyfick, re-aflaults it in thefe fix Queries:
1. Whether the Ring hath not loft the Regality of the Narrow Seas
fince the Duke became Admiral ?
2. Whether his going in the laft Fleet as Admiral, was not the caule of
ill fucceft ?
5. Whether the Rings Revenue hath not been impaired through his
immenle liberality >
4. Whether he hath not ingrofled all Offices, and preferred his kindred
to unfit places ?
5. Whether he hath not made (ale of places of Judicature ?
6. Whether Recufants have not dependance upon his Mother and Fa-
ther-in-law?
This was uncouth language to a Princes Ear 5 but who can expeft that
in fo vaft a -Body and Maft of men, all parcels (hould take fait alike, and
that no part (hould have rancidity in it ? Yet perhaps this clamour and
noi(e might be the rudenels of (bme few, newly admitted into that great
School of Wifdom, the greater part continuing (it's poflible) fincere and
loyal 5 therefore, the Ring (ends Sir Richard Wejion to them, requiring
latisfadion : But the Houfe was flower in the work, than was agreeable
to his Majefties mind, fo intent upon fome (evere Proceedings again(t
them. Upon this he called the Lords and them together, and by the
Lord-Reeper, his proper Speaker, thus conveys his dilpleafure to them 5
which being fome what long, and afterwards the Rings Speech alfo to
them, I (hall refer you to the Book it (elf, Page 24, 25, 26.
The Commons nothing moved with thofe tart and vinacre expreflions,
kept dole to their proper ftations, and by way of Remonftrance re-
plied : the which you may perufe Page the i jth of the (ame Author.
To the Remonltrance the Ring anfwered briefly. That he would have
them, in the firft place, confult about matters of the greateft importance,
and that they (hould have time enough for other things afterwards.
But the Parliament accounted nothing of (b great importance, as a vi-
gorous proceeding againft the Duke. In order to which, all encourage-
ment is given by both Houfes to any who would inform againft him.
The Earl oFBriftol vigilantly liftned for this call, and prefently Petition-
ing the Houfe, he might be admitted to prefer an Accufation againft him;
His requeft is readily granted. The Duke alarm'd with this Petition, Plots
amain (and high time) either to divert or encounter him ; He perlwades
the Ring to fend the Earl a Premonitary-Letter, framed as a Memorial,
minding him of all the milcarriages relating to thoSfaniJh Treaty, and a
Breviate of what became of his future charge ; and demanding withal his
pofitive Anfwer, Whether he would fit ftill from being queftioned for any
Errors paft in his Spanijh Negotiations, and en joy the benefit of the Par-
don granted by the late Parliament ; or waving the advantage thereof;
put himfelf upon a Legal Tryal.
Td
C j?]
To this the Earl anfwered. That it became him not as a Subjeft to urge
a Tryal againft himfelf ^ but if His Majefty (hould call him to it,he would
willingly fubmit, being confident his innocence would mediate for his fu-
ture favour • As for the Pardon, he would not difclaim it, though he
was confident he (hould not need it for any Crime of Difloyalty to His
Majefty, or Treafon againft the State. , -
The Ring perceiving by this Reply the Earl refolved to perfift, com-
manded the Attorney-General to Summon the Earl to the Lords Bar as a
Ddinqucn', May At i/?. appearing, the Attorney told the Peers,
That he came thither to accufe the Earl of High-Treafon 5 with that the
Earl faid My Lords, I am a Freeman, and a Peer of the Realm, unat-
tainted 5 'l have fomewhat to fay of high confequence for his Majefties
Service • I befeech your Lord (hips give me leave to fpeak ; The Lords
bidding him go on : Then, faid he, I accufe that Man the Duke of B»ckr
inghamoi High-Treafon : the Articles of his Charge you may read Page
28. nt ftipra. n r 1 .
When the Earl had ended his Charge, up ftarts no upftart Lord, the
Lord Spertcer, Is this all (faid he) you have to fay againft the Duke > The
Earl replied. Yes my Lord, and I am forry it is fo much : Then quoth
the Lord Spencer, if this be all, Ridiculus Mus 5 and fo fat down again.
Upon this a Crotchet took the hoxdi Cromvpell in the Crown, and out
he goes to Mr. Richard Spencer, a younger Son of that Lord, and a great
Zealot in the lower Houfe againft the Duke: Dici, faid he, what is
done in your Houfe to day againft the Duke > My Lord (faid he) he is
charged with no lefs than High-Treafon : Tufti Dick., quoth the Lord,
High-Treafon! if this be all, Ridiculus Mus.
This high and daring challenging by the Earl, prompted the Attorney
to fpeed his Accufation againft him 5 which having Modell'd into Ele-
ven Articles, he brought in the next day. Vide page 28. ut jupra.
The Commons having prefented their Accufation, prefently after fent
a Meflage to the Lords, defiring that the Duke might be Committed 5
declaring, that it did mif-Befeem their Houfe to permit a man fo deeply
Impeacht to fit in Councel with them.
The Court-party, who had nimble Intelligencers, underftood this de-
fign from the very firft refult, and plotted to treat the Commons with
uniform Proceedings 3 for at that very time Sir Dudley Diggs, and S'trjohn
Elliot were fent for out of the Houfe by two MeflTengers of the Cham-
ber • who upon their coming forth, ftiewed them Warrants for their
Commitment to the Tower i but it was refolved by the Judges, that by
their reftraint (no reafon being given to the Houfe for it) the whole
Houfe was arrefted, and a Remonftfance was made to the King of their
Priviledg s whereupon they were releafed. ,
The Commons having fped fo well, the Houfe of Peers begin to claim
their immunities 5 making an Order, that nothing (hould be tranfafted
in their Houfe, until the Earl of Arundel were reftored 3 Upon which in-
ftantly enfued the Earls Poftlimination and re-admittance.
Popular difguft began now to break in upon the Duke, with fuch a
running and fweeping-tide, as drew along with it, by way of Conccrai-
tancy, the Peerage, nor could his new Dependents and Allies keep the Bal-.
lance Horizontial, and even much lefs fway it 5 and becaufe his fate muft
* F tefult
[i8]
refuk from them, but not by weight, but tale 5 the old Tiick of the
Council oiTrent was thought upon,and a new Summons of Perfons former
Confidents to the Duke (as the Lords, GraKdifcn and Carltcn)
into the'row of Nobles.
But this projeft would not take , for the Houfe of Lords found an
ancient Order, That no Lords created federate Parliamenta^ (hall have
Voices during that Seffion, but only fliall have priviledg of fitting among
the rell, upon which their fuffrage was excluded.
This gave the Duke a tafte ( a bitter one) of their inclinations, fo
that finding but fmall favour to truft to, he magnanimcufly fiood upon
his Juftification. And having his defence to his contentment, "jme the 8/^,
i626,he prefented it to the Lords 3 who upon receipt thereof,fequeftred
him from fitting any more as a Peer of the Houle, until his Caufe was
determined 3 whereupon he went away much dejeded.
The Dukes Defence, and the Commons Impeachment being long, I (hall
not here infert, but refer you to the Annals it felf, from whom I do
tranlcribe this fmall Narrative.
This weighty Caule was managed by fix Gentlemen, Mr. Glanvil^
Mr. Selden^ Mr. Pins, Mr. Wan^vrd, Mr. Sherland, to whom was added
Sir Dudley Diggs as Foreman and Prolocutor, and Sir John Elliot to bring
up the rear. '
Sir Dudley Diggs his Prologue, for the extraordinary Elegancy of the
frame, and concifenefi of his Metaphors, I lhall crave leave to iniert as it
was delivered unto the Lords before the Gentlemen of the Houfe of Com-
mons did prefent the 13 Grievances, exprefly this.
My LORDS,
THere are fo many things of great importance to be (aid in a very
little time this day, that I conceive it will not be unacceptable unto
your Lordlhips, if (Letting afide all Rhetorical affeftations) I only in
plain Countrey language, humbly pray your LordQiips favour to include
many excufes, neceflary to my many infirmities.
In this one word, I am commanded by the Knights, Citizens and Bur-
gelTes of the Commons Houfe to prefent unto your Lordfhips their moft
affeftionate Thanks for your ready condefcending to this Conference 5
which out of confidence in your great Wifdoms, and approved Juftice for
the fervice of his Majefty, and the welfare of this Realm, they defired
upon this occafion.
The Houfe of Commons, by a fatal and univerfal concurrence of Com-
plaints from all the Seabordering parts of this Kingdom, did find a great
and grievous interruption and ftop of Trade and Traffick : The bafe Pi-
rates of Sally ignominioufly infcfting our Coafts 3 taking our Ships and
Goods, and leading away the Subjefts of this Kingdom into Barbarous
Captivity, while to our (hame, and hinderance of Commerce, our Ene-
mies did (as it were) Befiege our Ports, and Block up our beft Rivers
Mouths, our Friends on flight pretences made Embargoes of our Mer-
chants Goods, and every Nation (upon the leaft occafion) was ready to''
contemn and flight us: So great was the apparent diminution of the an-
6ient Honour of this Crown, and once ftrong reputation of our Nation^
where-
[^93
wherewith the Commons were more troubled, calling to remembrance,
how formerly in France, in Spain, in Holland, and everywhere by Sea and
Land, the Valours of this Kingdom had been better valued 3 and even in
latter times, within remembrance, when we had no Alliance with France,
none m Denmark^ none in Germany, no Friend in Italy, in Scotland, to
fay no more, united Ireland, not ietled in peace, and much left iecurity
at home 5 when Spain was as ambitious as it is now under a King QPhi-
lip the Second) they called their Wileft 3 the Houfe of Anjiria as great
and Potent, and both ftrengthned with a Malicious League in France of
perfbns ill-affeiled , when the Low-Countries had no being 3 yet by con-
Itant Councels, and Old Englijh ways, even then that SpaniJIs pride
was cool'd, that greatnefi of the Houfe of Aujiria, lb formidable to us
now, was well relifted, and to the United Provinces of the Low-Countries,
fuch a beginning, growth and ftrength was given, as gave us Honour over
all the Chriftian World.
The Commons therefore wondring at the evils which they fuffered,
debating of the caules of them,, found they were many, drawn like one
Line to one Circumference of Decay of Trade and Strength, of Honour
and Reputation, in this Kingdom, which as in one Centre, met in one
great man, the caule of all, whom I am here to name, the Duke of BucJ^
ingham.
Here Sir Dudley Diggs made a jland, as wondring to fee the Dukfi pre-
Jent 5 yet he took^ the Roll, and read the Preamble to the Charge, with the
Dukes Titles, which I Jltall here, for the Readers SatisfaHion, infert, and
Jo proceed.
For the fpeedy Redrefs of the great evils arid milchiefs, and of the chief The Preamble
caules of thole evils and milchiefi, which this Kingdom of England now
grievoufly fuffereth, and of late years hath fuffered, and to the honour gainft'"the^"
and lafety of ourSoveraign Lord the King, and of his Crown and Digui Dukeof^ac^,
ties, and to the good and welfare of his People 3 The Commons in this
prelent Parliament, by the Authority of our Soveraign Lord the King
allembled, do by this their Bill, Ihew and declare againft George, Duke,
Marquels, and Earl oi Buckingham, Earl of Coventry, Vilcount Fillers,
Baron of Whaddon, Great Admiral of the Kingdoms of England and /re-
land, and of the Principality ol Wales, and of the Dominions and Illands
of the fame 3 of the Town of Calais, and of the Marches of the fame, and
of Normandy, Gafcoin, and Guyen: General Governor of the Seas and
I Ships of the faid Kingdoms, Lieutenant - General, Admiral, Captain-
General, and Governor of his Majefties Royal Fleet and Armado, lately
fet forth. Mafter of the Horle of our Soveraign Lord the King, Lord
Warden, Chancellor, and Admiral of the Cinque-Ports, and of the Mem-
hers thereof, Conltable of Dover-Caflle, Juftice in Eyre of all Forefts and
Chales on this fide of the River of Trent, Conltable of the Caltleof Wind-
for, Lieutenant of Middlefex and Bucbinghamjhire, Steward and Baylilf
of Wefiminjier, Gentleman of his Ma jellies Bed-Chamber, and one of his
Majefties raoft Honourable Privy Council, in his Realms both of England,
Scotland, and Ireland, and Knight of the raoft Noble Order of the Garter.
* The
C=o]
The Mijdemeatjors^ Mifpriflofts, Of 'erces^ Crimes^ ard other flatters com'
prized in the Articles foUovping : And bim the [aid £)»% do Accufe and Im-
peach of the faid Mijdemeanors^ Mifprifions^ Offences and Crimes,
And now my Lords^
This lofty Title of this mighty man, tnethinks doth raife my Spirits to
fpeak with a Paulo majora canamus 5 and let it not difpleafe your Lord-
(hips, if for'Foundation I compare the beautiful Strufture and fair Com-
poStion of this Monarchy, wherein we live, to the great work of God,
viz. the World it felf,in which the folid Body of incorporated Earth and
Sea, as I conceive in regard of our Husbandry, Manufactures, and Gem-
raerce by Land and Sea, may well reiemble us the Commons 5 and as it is
encompalTed with Air and Fire, and Spheres Celeftial of Planets;, and a
Firmament of fixed Stars, all which receive their heat, light, and life,
from one great glorious Sun, even like the King our Soveraign, fb that
Firmament of fixed Stars I take to be your Lordlhips^ thofe Planets, the
great Officers of the Kingdom, that pure Element of Fire, the raoft Religi-
ous, Zealous, and Pious Clergy s and the Reverend Judges, Magiftrates,
and Minifters of Law and Juftice, the Air wherein we breathe, all which
encompaft round with che;-iQiing, comfort this Body of the Commons,
who truly labour for them all 5 and though they be the Footftool and
the loweff, yet may well be (aid to be the fetled Centre of the State.
Now (my Lords} if that glorious Sun by his powerful Beams of Grace
' and Favour, (hall draw from the bowels of this Earth an Exhalation, that
(hall fire, and burn, and (bine out like a Star, it needs not be marvell'd
at, if the poor Commons gaze and wonder at the Comet, when they feel
the effeds, and impute all to the corruptible matter thereof; But if (iich
an imperfed: Meteor appear, like that in the laft Age, in the Chair of Ca-
fopea, among the fixed htars themfelves, where Arijiotle and the old Phi-
lofophers conceived there was no place for fuch corruption j then as the
itf'soTswrrth learned Mathematicians were troubled to obferve the irregular motions,
your obferva- the prodigious magnitude, and the ominous Prognofticks of that Meteor,
tioauponthis (q the Commons when they (ee (uch a Blazing-Star in courfe (b exorbi-
very account. the affairs of this Common-wealth, cannot but look up upon it,
and for want of Perfpedives commend the nearer examination to your
Lordlhips, who may behold it at a better diftance. Such a prodigious Co-
And lo the the Commons take this Duke of Buckingham to be, again(t whom and
Commons do his irregular ways, there are by learned Gentlemen legal Articles of Charge
the Duke of jq delivered to your Lordftiips, which I am generally firft commanded
Tork now, e? 1 ^ o J
cummultis a. to lay Open,
Hit, CS'f. Anno
Domini, i(58o Firft, The Officcs of this Kingdom, that are the Eyes, the Ears, and the
wiUdoSeft Hands of this Common-wealth, the(e have been engrolfed, bought, and
fcvcral more, foW, and many of the greateft of them holden even in the Dukes own
when they hands, which feverally and apart, gave in former'times and ages fufficient
fhall meet & content to the greatelt Favourites, and were work enough for the wiled
the%refenV Councellors: By means whereof what ftrange abufes, what infinite neg-
Grievances of leds have followed? The Seas have been unguarded, Trade difturbed,
the Nation. Merchants
The Meteor in
[m]
Merchants oppreffcd, their Ships, and even one of the Navy Royal by
cunning praftife, delivered over into foreign hands, and contrary to our
good Rings intention, employed to the prejudice (I had almoft faid to the
ruin) of Friends of our own Religion,
Next Honours (thofe moft precious Jewels of the Crown) a Treafure
ineftimable, wherewith your Noble Anceftors (my Lords) were well re-
warded for eminent and publick fervice in the Common-wealth at home,
far brave exploits abroad, when covered all with duft and blood, they
fweat in fervice for the honour of this Crown : What back-ways, what
by-ways have been by this Duke found out, is too well known to your
Lordlhips, whereas it was anciently the honour oiEngltind(zs among
the Romans ) the way to the Temple of Honour was through the Temple
of Virtue: But I am commanded to prels this no further, than to let your
Lordlhips know, onelnftance may (perhaps) be given of fome one Lord,
compelled to purchale Honour.
Thirdly, As divers of the Dukes poor Kindred have been railed to great
honours, which have been and are likely to be more chargeable and bur-
denlbm to the Crown, fo the Lands,and Revenues,and Treafuries of his
Majefty have been intercepted, andexhaufted by this Duke and his Friends,
and ftrangely mifemployed with ftyange confufibn of the Accompts, and
overthrow of the well-eftablilhed ancient Orders of his Majefties Ex-
chequer.
The laft of the Charges which are prepared, will be an injury offered
to the Perfon of the late Ring of bleffed memory, who is with God , of
which (as your Lordlhips may have heard heretofore) you (hall anon have
farther information. Now upon this occafion, I am commanded by the
Commons, to take care of the honour of the Ring our Soveraign that lives
(long may he live to our comfort and the good of the Chriftian world)
afid alfo of his bleffed Father who is dead, on whotii to the grief of the
Commons and their great diftafte, the Lord Duke did, they conceive, un-
worthily call: fome ill ordure of his own foul ways. Whereas Servants
were anciently wont to bear (as in truth they ought) theit Mafters faults,
and not caft their own on them undelervedlv.
It is well known the King (who is with God) had the fame power and
the fame wildom before he knew this Duke ^ yea and the fame affedions
too, through which (as a good and gracious Mafter) he advanced and raif-
ed fome Stars of your Lordlhips Firmament, in whole hands this exorbi-
tancy of Will, this tranfcendency of Power, fuch placing and mifplacing
of Officers, luch irregular running into all by courfes of the Planets, fuch
fole and fingle managing of the great affairs of State, was never heard of.
And therefore only to the Lord Duke, and his own procurement, by
mif informations, thele faults complained of by the Commons, are to be
imputed.
And whereas for our moft gracious Soveraign that lives, whole Name
hath been ufed, and may perhaps now be for the Dukes Juftification : The
Commons know well, that among his Majefties moft Royal Virtues, his
Piety unto his Father, hath made him a pious nourilher of his Aftedions
ever to this'Lord Duke, oh whom out of that confideration his Majefty
hath wrought a kind of wonder, making Favour hereditary. But the a-
bule thereof muft be the Lord Dukes own ^ and if there* have been any
f G * commands.
[=2]
commands, fuch as were or may pretend, his mifinformations have procu-
red them, whereas the Laws of England teach us, that Kings cannot com-
raand ill or unawful things whenever they fpeak, though by their Letters
Patents or their Seals: If the thing be evil, thefe Letters Patents are void 5
and whatfoever ill event fiicceeds, the Executioners of fuch Commands
muft ever anfwer for them.
Thus, my Lords, in performance of my duty, my weaknefs hath been
troublefome unto your Lordlhips. It is now high time humbly to in-
• treat your pardon, and to give way to a Learned Gentleman to begin a-
gainft him a more particular Charge.
Sir Dudley Diggs his Prologue being ended, the Impeachment of the
Commons it (elf was next read , the which, if you pleafe, you may per-
ufe Page 40. in the faid Narrative before mentioned , with the Dukes
Anfwer, Defence and Reply to every particular Article thereof.
The Anfwer of the Duke to his Impeachment, was a kind of a new
Grievance to his Adverfaries 3 for it being contrived, and fo inlaid with
raodefty and humility, it was like to have a powerful influence towards
the converlion of many, who expefted a Defence of another and more
difdainful Ipirit. Again, it feemedto inflate him in impunity 5 and the
Commons having charged him as they thought, through and through ,
loth they were to fall Ihort of Vidtory : And now having purfued hirn
with fuch vehemency, thought therafelves worfled, Ihould he now at the
laft: make a faving game of it y wherefore refolved they were to ply hint
with a fpeedy Reply : But while they were hammering of it, the King
fent them a Letter, demanding, without farther delay, their fpeedy pro-
ducing their Bill of Subfidy to be pafled 5 to which, to prevent theyr
Diffolution, they immediately conformed. # But firft they had drawn up
a Declaration of the fame make and mind with their former Impeach-
ment, of the raiferable eftate of this Kingdom, and not without fome
high Contefts it was allowed by the Houfe before the Bill of Subfidy :
King churits Whereupon his Majefty was fo exceedingly incenfed, as on the very next-
Parlfamen^ Diflblved the Aflembly, though the Lords fent four
Diflblved. of their Houfe unto him, befeeching him mofl: earneftly, that he would
permit them to fit but two days longer 5 but he anfwered. Not a
Minute.
j4rundei and The fame afternoon the Earl of Brifiol, the Dukes grand Profecutor,
was committed to the Tomr^ and the Earl of Arundel confined to his own
houfe. There came ajfo forth from his Majefty a Proclamation, for
Burning all the Copies of the Commons Declaration, made before the
Parliaments Diffolution.
The King This Rupture of the Parliament, being fuppofed to iffue from the
charged with Kings great afleftion to the Duke, I find him charged with deep irapru-
Imprudence, dence, and high overfight, to hazard the Love of Millions for him
onlv.
a
On Monday^ before this doleful difafter, there happened aterrible and
prodigious fpeftacle upon the Thames: The Water near Lambeth-
Marjh began about Three of the Clock in the afternoon to be very tur-
bulent|
C=3]
bulent ; and after a while, arifing like a Mift, it appeared in a Circular
form about Ten yards Diameter, and about Ten foot elevated from the
River. This Cataraft, or Spout of Waters, was carried impetuoufly
crols the River, and made a very furious Affault upon the Garden-Walls
of Tfr^-houfe ( where the Duke was then building his new Water-
Stairs) j at length, after a fierce attempt, it brake afunder, (ending up a
fuliginous and dusky fmoak, like that iifuing out of a Brewers Chimney,
which alcended as high as was well difcetnable, and fo vanifht 5 and at the
very (ame inftant there was in the City of London (b dreadful a ftorm of
Rain and Hail, with Thunder and Lightning, as a great part of the Church-
Yard Wall of St. Andrews Church in tiolbourn fell down, and divers
Graves being thereby difcovered, many ColEEns tumbled into the middle
of the Channel.
Not long after this there fell out a difference between England and
France 3 and his Majefty, in procels of time, being on every fide on the
lofing hand, he was much diftreffed in mind, what courfe to take to di(^
charge himfelf of thofe impendent Calamities 3 (hould he call a Parlia-
menr, the time (whofe every moment was precious unto him^ would not jhe King is
permit to ftay for their Convention 3 and when met, (liould they prove great want,
(as it was odds they would) as Dilatory and dilguftful as the former, he
were in a worfe condition than before. In this perplexed difficulty, at
length his Council agreed to fet that great Engine, his Prerogative, at
work: Many projefts were hammered on that forge, but they came all
'to (mall effeft.
Firft, they moved for a Contribution, by way of Benevolence 5 but
this was (bon dafht. Then a re(blution was taken to advance the value
ofCoyn Two (hillings in thepound-, but this al(b was foon argued down
by Sir Robert Cotton : But that which the Council (luck clofeft to, was
theiffuingof a Commiflion, dated O&ober the 13#^, for raifing almoft iblfeth itKh:
Two hundred thou(and younds by way of Loan 3 and the more to expe-
dite and facilitate this Levy, the Commiffioners were inftrufted to repre^
fent to the Subjeft the deplorable eftate of Rochet^ then clofely beleaguer*d
by the Duke of Guife 3 and if not fpeedily relieved, would fall itrecove-
rably into the hands of the Enemies of the Proteftant Religion.
Thefe were plaufible infinuations: For Rochet^ though fcituated inano-
ther Countrey, yet was looked upon as in the (ame parallel Belief with
us. And what will not men fuffer for others of the fame perfwafion,
efpecially when Fame reports them (ufferers becau(e of the fame per-
fwafion }
But all would not fmooth the afperity of this moft Illegal Tax. Ro-
chel, and all other Foreign Confiderations muft (land by, and aloof ofi^
when homebred Liberty isdifputed 3'(b thought the almoft Majority of
the Kingdom, who oppolcd it to Durance. Upon this account of refufal, Many refiife;
Pri(bners, fome of the Nobility, and moft of the prime Gentry, were daily
brought in by (cores, I might almoft fay by Counties 3 (b that the Coun-
cil-Table had almoft as much work to provide Pri(bns, as to fupply the
Kings neceffities.
This year Learning loft two Luminaries of the greateft Magnitude that
ever this Nation enjoyed, viz,. Dr. Andrews, Bi(hop o£ VFincheJier, and
Sir Francis Bacon, Vicount St. Albans, Lord High Chancellor of Eng'
land. ^ the
Ch]
The Commiffion of Loan not anfwering in its produft his Majefties ex-
'peftation, the Papifts began now to plot their own advantage trcm the
Kings wants 5 and under pretence of Loyalty, they o{ Ireland propounded
to him, That upon confideraticn of a Toleration of their Religion, they
would at their own charge furnilh him with a conftant Army of five thou-
fand Foot and five hundred Horfe. But this projed to their great regret
proved Dow-baked, the Proteftants countermining them: For in the next
Spring Doftor Downham^ Bifiiop of London-Derry, Preaching before the
Lord Deputy and the whole State, April 22. 1627. taking for his Text,
Luk^ I. 74. That n>e being delivered from the hands of our Enemies, might
ferve him vpithout fear. In the midft of his Sermon, he openly read this
Proteftation, fubfcribed by the Archbithops and all the Bilhops of that
Kingdom.
1. That the Religion of the Papijis is Superjlitious and Idolatrous.
2. Their Faith and Do&rine Erroneous and Heretical.
3. Their Church in rej^eH of both, Apofiattcal,
To give them therefore a Toleration, is to make our felves acceffary to their
abominations, and to the perdition of their Souls.
But to fell them a Toleration, is to fet Religion to fale, and with that their
Souls, which Chriji hath redeemed with his thofi precious blood.
The Bifhop having ended this Proteftation, added; And let all the Peo'
pie fay Amen, which they did fo as the Church almoft (hook with the noile.
The Deputy required of the Bilhop a Copy of bpth his Sermon and Prote-
ftation, who anfwered he would moft willingly juftifie it before hisMaJe-
fty, and feared not to read it.
And now although moneys came in but flowly, yet was the Naval Force
completed for expedition about Midfummer, whereof the Duke appeared
Admiral 5 as ambitious of fome meritorious fervice to earn a better guft.
Or to correct the univerfal odium againft him.
June the 27th he let Sail Irom Portfmouth with about fix thouland Horfe
and Foot 5 and July the eleventh he publifhed a Manifejio, declaring the
imipulfive caufes of his Majefties prefent Arming.
But the Duke had very ill fuccels in this expedition 5 for the Englifli
Xvere routed at the Ifle of Rhe : the fum of their lofs were about fifty OfB-
cers (but the greateft loft was that gallant man, Sir John Burroughs, who
was flain by a Mufquet Bullet from the Citadel, while he Was viewing the
Englifti works f) of Common Soldiers few left than two thoufand,Prifoners
of Note thirty five. Colours taken forty four, hung upas Anthems at Pa-
ris in the Church of Nojiredame, our Honour loft. The Prifbners Lewis
gracioufly difmift home, as an affedionate offertory to his Sifter the Queen
of England 3 which made up another Viftory fuperadded to the former,
and a conqueft over us as well in the exercife of civilities, as in feat of Arras 5
only the Lord Montjoy was ranfomed , for the which he offering to the
French King a round fum} Flo my Lord, it is faid the King replied , jour
Redemption fhall be only two couple of Hounds from England : Some inter-
preted this a flender value of that Lord, to be exchanged for a couple of
Dogs 3 but it was only in the King a modeft eftimate of his courtefie.
The
The Englifh
routed at the
llle of l(he.
33
7 fie
[25]
The R'ichellers being befieged by the French King, in their diftrefs The
hurrieth and ferricch over their Deputies to England to fojjcit our King
for freth fuppliesj before the prodigious work ihould be compleated 3
who (good Prince) affefted with their Miieries, and defirous rather to
proted them from being Haves, than to enable them to be Matters, con-
defcended to atiure them of what atlittance he could make.
But, alas! what could his atliftance fignifie, who was as neeeflitous as
themfelves? Did they want Men, Ammunition Ships So did he, feeing
he wanted that which was all thete, Money 5 and how, and where thould
that be had? His laft borrovving CommitGons, was a courte fo difpleafing
to the Subjed, as would not admit of repetition , and it would prove an
odd payment of that Loan arrears,to demand another: But the King was
now the Subject of a greater Potentate than himlelf, Neceffity, and
this Neceflity put him upon fevcral projeds: Firft he borroweth of the
Common-Council of London^One hundred and twenty thoufand pounds^
for which, and other debts, he aflures unto them Twenty-one thouland
pounds/er anmiin of his own Lands: and of the Eaft-India Company
Thirty thoufand pounds 3 and yet he wants. Next, Privy-Seals are fent
out by Hundreds, and a new way of Levy by Excift, refblved to
be executed by Commiffion, Dated the :^d of February 3 and yet he wants:
but the beft and moft taking projed of all, was a Parliament ; whereby
he hoped not only to fupply his neceffities, but alfo to give fome better
repofe to his troubled fpirit 3 for he felt no inward contentment, whijft
he the Head and the Body were at a diftance, or like interfeds and flies,
tackt together by a Mathematicalline, or imaginary thread 3 therefore he
ferioufly refolved for his part to frame and difpofe himfelf to fuch ob-
liging complacency and compliance^ as might re-confolidate, and make
them knit again.
This Parliament was Summoned to meet on the i jth of March^ 1 <^27 5 King cUries
and the Writs being iffued out, the Loan-KecuCmts appeared tlie only hb Third
men in the Peoples affedions 3 none thought worthy of a Patriots title,
but he that was under reftraint upon that account 3 fo that the far grea-
ter number of the Parliament was formed of them : And as their Suf- 1627.
ferings had made them of Eminent remark for Noble Courage, fo did
they for External refpeds appear the gallanteft Aflembly that eyer thofe
Walls immured 5 they having Eftates modeftly efliraatei able to buy the
Houfe of Peers (the King excepted). One hundred and eighteen, thrice
over. Thus were all things ftrangely turned in a trice toplide t'other
way : they who lately were confin'd as Prifoners, are now not only free, '
but petty Lords and Mafters, yea, and petty Kings.
Some few days before this Seflion, a notable difcovery was made of
a Colledge of Jefuits at Clerkenmll. The firft Information was given
by one Crofs^ a Meflenger to Secretary Cokg, who fent a Warrant to Ju-
ftice Long,^ dwelling near enjoyning, to take fome Conftabies, and other
aid with him,and forthwith to befet the fioufe, and apprehend the Jefuits 3
entring at firft door, they found at ftairs-foot a Man and a Wpraan ftand-
iug, who told them, My Mafters, take heed you gp not up .the flairs,
for there are above many refolute and vafiant Men, who axe waJI provided
with Swords and Piftols, and willlofe their lives rather than yield, there-
fore if you love your lives, be gone. The Conftable took their counfel,
H and
/
17.
J
and like cowardly Buzzards went tkeir way, and told Secretary Ccl^e the
danger , vvhertupcn the Secretary fent the Sheriff to attack them, who
coming with a formidable Power, found all withdrawn and fncakt away 5
but after a long fearch, their place of fecurity was found out, it being a
Lobby behind a new Brick-wall, Wainlcoated over , which being demo-
liflit, they were prefently unkennel'd, to the numBer of Ten. They found
alfo divers Letteis from the Pope to them, empowring them to ereft
this Colledge under the name of Domtis Probaticms (but it proved Re-
frohatiofiis') S-w&i Ignatii 3 and their Books of Accounts, whereby it ap-
peared they had Five hundred pounds per contribution from their
Benefadtors, and had likewife purchafed Four hundred and fifty pounds
per anr.mn 5 they had a Chappel, Library, and other Rooms of neceffary
accommodation , with Houfhold-utenfils and implements marked t S.
What became of thefe Jefmts, will fall in afterward : and what would
have become of the Secretary for his douVde diligence in their profecu-
tion, you fhould have heard, had not the Duke been cut off by an un-
timely end to himfelf, but timely to the Popular Guff.
The Parliament being met, the King began thus to them ;
My Lords and Gentlemen!
The Kings times are for A&ioK: for ABion Ifay^ not for Words 5 a>!d there-
Speech. ^ fQy^ J Jhall ufe but few 5 and f as JCings are Jaid to be Exemplary td
their SubjeBs^ I wip you would imitate me in this^ and ufe as few, falling
upon Jpeedy confultation. No man is, I conceive, fuch a fir anger to the Com-
mon Necejjity, as to expojiulate the caufe of this Meeting, and not to thinks
Supply to be the end of it : And as this Necejjity is the produB and confe-
quent of your advice^ Jo the true Religion, the Laws and Liberties of this
State, and juji defence of our Friends and Allies, being fo confiderably con-
cerm'd, will be, I hope, arguments enough to perfwade fupply : For if it be,
as mofi true it is, both my Duty and yours to preferve this Church and Com-
. mon wealth, this exigent time certainly requires it. In this time of Com-
mon danger I have taken the moji ancient, Jpeedy, and beji way for fupply,
by calling you together 5 if (xpbich God forbid) in not contributing what
may anjwer the Quality of my occajions, you do not your Duties , it pall fuf-
fee I have done mine, in the confcience whereof 1 pall reji content, and tak^
fome other courfe, for which God hath impower d me to fave that which the
' folly of particular men might hazard to lofe.
lake not this as a Menace (^for I porn to threaten my Inferiors^, but as
an Admonition from him who is fyed both by Nature and Duty, to provide
for your prefervations : And I hope, though 1 thus fpeali, your Demeanor^
will be fuch as pall oblige me in thanl^fulnefs to meet you oftener, than which
nothing pall be more pleapng unto me.
Remembring the difraBions of our laf Meeting, you may fuppofe 1 have no
confidence of good pccefs at this time : but be afiured, 1 fiall freely forget and
forgive what is pajl, hoping you will follow that facred advice lately incut-
cated. To maintain the Unity of the fpirit in the bond of peace.
The
[=73
The Parliament Teemed at firfl exceeding prompt to clofe with the Kings
defires, and as complyingly difpoTed as could be wifhed 5 but they had
not forgot the many prelTures, which made the fubjeft groan 5 fomething
they mult do for them who lent, as well as for him who called them thi-
ther 5 and to anticipate all manner of difputein point of Precedence, be-
tween the Subjefts grievances, and the Kings fupplies, they make an or-
der that both Ihould proceed pari p'jjfuy cheek by )oul.
Upon full confideration of the Kings wants, they prefently and cheer- Parlia-
fully agreed to give him five Subfidies, whereof Secretary Coke was
firft Evangelift, artd Porter of that good news to the King, who received
it with wondrous joy, and asked the Secretary by how many Voices it
was carried ? Sir John replyed, but by one ; At which perceiving the
Kings countenance to change; Sir, faid he, your Majefty hath the grea-
ter caule to rejoyce, for the Houfe was lb unanimous therein, as that they
made but one voice 5 whereupon the King wept, and bad the Secretary
tell them. He would deny them nothing of their Liberties, which any of
his Predeceffors had granted.
The ftream of affairs running thus fmoothly, without the leafl: wrinkle The Subjedls
of difcontent on either fide ; the Houfe of Commons firfi: infifted upon
the Perfonal Freedbm of the People, and refolved for Law, That no
Freeman ought to be imprifoned, either by the King or Council, without
a legal Caule alledged. This opinion of the Houfe was reported to the
Lords, at a Conference by Sir Edward Coke^ Sir Dudley Diggs, Mr. Sel-
den^ and Mr. Littleton-^ Sir Dudley Diggs citing A£ts 25. 'Verf.iy. It
feemeth an unreafbnable thing to fend a Prilbner, and not withal to fig-
nifie the Crimes laid againft him.
This bufinels ftuck very much in the Lords Houle, who were willing The Lords
that the Nails Ihould be pared, not the hands tyed of the Prerogative 5 "ice ia the
feveral and great Debates there were about it. The Attorney pleading
eagerly (though impertinently^ for the King 5 and the ancient Records
were fo direft for the People, and fo ftrongly enforced, as the Attorney
had no more to fay, but only, I refer my felf to the Judgment of the
\ Lords 5 and when thele Lords were to give Judgment concerning it, the
Ducal, or Royal party (for they were both one) were fo prevalent, as
they who leaned the other way, dUrft not abide the Tryal by Vote 5
but calling the Lord-Keeper down, moulded the Houfe into a Com-
mittee, until the Lord Say made a motion. That they who (food for
the Liberties ( being effeftive about fifty ) might make their PrOtefta-
tion 5 and that to be upon Record : And that the other oppofite party
ihould alfo with Sublcriptions of their Names, enter their Realbns, to
remain alio upon Record, that fo Polterity might not be to feek who
they were, who fo ignobly betrayed the Freedom of our Nation 5 and
that this done, they Ihould proceed to a Vote : At which the Court-
party were (b daUnted, as that they durft not mutter one fyllable
againft it.
Perfonal Liberty being thus fetled 5 next they fall upon Liberty of
Goods, the unbilleting of Soldiers, and nulling of Martial-Law in times
of Peace 5 and finding Magna Charta, and fix other Statutes explanatory -
of it, to be exprefly on their fide, they Petitioned the King to grant
* theni
[283'
them tlie benefit of them; whereupon he declared Himfelf, by theLord^
Keeper, unto them in hii Verbis :
' That He did hold the Statutes of Magna Charta^ and the fix other in-
* fified upon for the Sabjefts Liberty, to be all in forces and afliired them,
' that he would maintain all his Subjefts in the jutt freedom of their Per-
' fens, and fafety of Eftates ^ and that he would govern according to the
' Laws and Statutes of the Realm 5 and that his People (hould find as
' much (ecurity in his Royal Word and Promife, as in any Laws they
' could make ; to that hereafter they (hould have no caufe to complain 5
*and therefore he defired no doubt nor diftruft might pofl'efs-any man,
' but that they would proceed fpeedily and unanimoufly on with their
' bufinels.
This MefTage begat a new Queftion, Whether or no his Majefty (hould
be truftcd upon his Royal Word ? Some thought it needle(s, becaule of
his CoronatiomOath, binding him to maintain the Laws of the Land;
That Oath was as ftrong as any Royal Word could be. Others were of
opinion, That (hould it be put to Vote, and carried in the Negative,
it would be infinitely di(honourable unto him in Foreign parts, who
would be ready to (ay. The People of England would not truffc their
King upon his Royal Promife.
At length, in the height of this Difpute, (lands up Sir Edward Coke,
and thus informed the Houfe: We fit now in Parliament, and there-
fore muft take his Majefties Word no otherwife than in a Parliamentary-
way '■) that is. The King fitting on^his Throne in his Royal Robes, his
Crown on his Head, his Scepter in his Hand in full Parliament, both
Houfes being prefent, all thefc Cifcpmfiances obferved, and his Aflent
being entred upon a Record, make his Royal Word the Word of a King
in Parliament, and not a word delivered in a Chamber, or at ftcond
hand by the mouth of a Secretary or Lord-Keeper 5 therefore his Motion
was. That the Houfe (honld (^More Majorum) according to the cuftom
of their Predeceflbrs, draw a Petition (T)e DroiB') of Right to His Ma-
jefty 5 which being confirmed by bo^^h Hcufes, and affented unto by the
King, would be as firm an Aft as any.
the Petition This Judgment of fo great a Father in the Law, at this time ruled all
of R ghtpre- the Houfe, and accordingly a Petition w^s framed, and at a Conference
ftnted by this Lords, the fubftance whereof (after the recital of
ar lament, Statutes relating to the Priviledge of the Subjeft) was reduced
to four Heads.
The Petition being presented to his Majefty after two (everal An-
fwcrs thereunto ( which did not pleale the Parliament), he did the third
time give them this Anfwer (the Petition being read) thereunto.
Le droi& foit faiH cotnme it eji defire. This I am (fire is full, yet no
mote than I granted you in my firft Anfwer : you (ee now how ready I
have (hewed my (elf to fatisfie your Demands, (b that I have done my
part 5 wherefore if this Parliament have not an happy conclufion , the
fin is yours, I am free.
The King having ended, the Houfes teftified their joy with a tpighty
(hout, and prefently the Bells rung, and Bonefires were kindled all the
City over: Nor was the true caufe fo diftinftly known 3 for many ap-
prehended at firft, that the King bad delivered the Duke up to them to
be
[=9]
I ) _ _ • ^ • '1
be fent to the Tomr t on which mifprifion, (bme faid the Scaffold orj
Tovper-hill was inttantly pulled down 5 the People faid his Grace fhould
have a new one.
It-is faid that the Roule of Lords made Suit to the King upon this
happy accord, That he would be pleafed to receive into Grace thole
Lords who were in former disfavour 5 which he readily yiRded unto:
And admitted the Lord Archbilhop of Canterburjf^ Btlhop of Lmcoln^
the Earls of Ejfex^ Wartvickj^ Brifiol, and the Lord Say to kils his
hand.
The Petition thus granted, the CommilTions of Loan and Excile
were inllantly out-lawed , and at the entreaty of the Houle of Peers,
cancell'd in the Rings prefence.
Having thus lecured the fmlts, they removed the faulty, and re;
fblved upon a large Remonlirance to the King, ripping up the Grie-
vances therafelves*, and the Authors of them. This Kemonftrance
conlilted of fix Branches, in fum thele.
1. The danger of Innovation and Alteration in Religion : This The Parlia-
occafioned bv, i. The great efteem and favour many ProfelTors of mcntsRemon
the Religion receive at Court. 2. Their publick refort to
Mafi at Denmark^-howde^ contrary to his Majefties Anfwer to the
Parliaments Petition at Oxford. The Letters for ftay of Pro-
ceedirigs againft them. Liftly, The daily growth of the Jrmwiai-
Faftion, favoured and protefted by Neal Bilhop Wwchefler, and
Laud Bifhop of Bath-ancl-Wells^ whilert the Orthodox party are
filenced, or difcountenanced.
2. The danger of Innovation and Alteration in Government, oc-
cafioned by Billeting of Soldiers, by the Commiflion of procuring
One thouland Gcrw^^-Horle, and Riders, for the defence of the
Kingdom, by a ftanding-Commifiion granted to the Duke to be General
at Land in times of Peace.
3. Dilafters of our Defigns, as the expedition to the Ifle of Rhe'^
and that lately of Rachel^ wherein the Englilh have purchaled their
dilhonour with the walte of a Million of Treafufe.
4. The want of Ammunition, occafioned by the late felling away of
36 Laft of Powder. . o y
5. The decay of Trade, by the lols of Three hundred Ships taken
by the Dunknl^rs and Pirates within thele three laft years.
ft. The not Guarding the Narrow Seas, whereby his Majefty hath" al-
molt loft the Regality.
Of alf which Evils and Dangers, the principal caule is the Duke of
Biickivgham, his excellive power, and abule of that power t, and
therefore they humbly lubmit it to his Majefties VVildom, whether it
can be fafe for Himfelf, or his Kingdom, that fo great Power Ihould be
trufted in the hands of any one Sub|e6t whatfoever.
' This Remonftrance being finilhed onTuefdayJum the they pre-'
ferited it as an Appendix, vvith a Bill of Subfidies, to the King in the Ban-'
I - qiieting-
C5o3
queting-houfe 5 who having heard it out, He told them, That he little
expefted fuch a Remonftrance, after he had Co Gracioufly pafled the
Petition of Right: As for their Grievances, he would conlider of
them, as they (bould delerve. Some %, that at his paffing out, the
King gave the Duke his hand to kifi, which others only fuppofe was
no more than the Dukes low congy to his Majefties hand. . >
It is alfo reported. That the King being informed that Mr. Denzil
Mollis had an hand in this Remonftrance, he replied in the words of
JhUhs C<efdr^ Et tu Brute^ I wonder at it 5 for we two were fellow-
Revellers in a Malquerade. ,,
Three days before this Dr. Ma»n>arifig was quefticned for (bme Se-
ditious paffages in two Sermons preached , one before the King,
and the other at his own Parochial Church 5 wherein he afferted,
ziz. ''
r ^ f
1. That the Kings Royal Command in impofing, without common
conlent in Parliament, Taxes and Loans, doth fb far bind the Con-
jfcience of the Subjeds of this Kingdom, that they cannot refufe the
payment of them without peril of Eternal damnation.
3. That the Authority of Parliament is not neceffary for the rai-
fing of Aids and Subfidies.
Thele things being too evident to be denied, and too groft to ad-
mit of qualification 5 his Sentence was,
1. Imprifonment during the pleafiire of the Houle.
2. One thoufand pound Fine to the King.
3. To make fuch fubmiffion and acknowledgment of his offence, as
ftiall be fet down by a Committee in Writing, both at the Bar of the
Lords Houfe, and at the Houfe of Commons.
4. To be fufpended for three years from the exercife of the Mi-
niftry,
5. To be difabled from ever Preaching at Court hereafter.
6. To be difabled for ever from having any Ecclefiaftical Dignity,
or Secular Office. » ,
7. That as his Book is Worthy to be burnt, fo his Majefty may be
moved to Grant a Proclamation for the calling of it in 5 as alfb for
the burning of it.
According to the third particular, of which Sentence two days after,
lie made his fubmiffion on his knees.
Whileft the Parliament was bufie about this Dodor, the King was
as bufie about the late Remonftrance 5 to which he formed a formal
Anfwer, traverfing and denying all their charge 5 wherewith the Com-
mons being fomewhat irritated (for it was a (mart one) fell down-
right upon another Reriionftrance againft Tonnage and Poundage;
But the King was unwilling to hear of any more Remonftrances of
that nature, and therefore refblved to fruftrate it by Proroguing of
the Parliament unto O&ober the loth. And June the 26. 1628, being
the laft of this Seffion, his Majefty calling fcioth Houfes- together, be-
fore his Royal Aflent to the Bills, delivered his mind unto them, as
C50
you may read Page the 84^^ of the aforefaid Narrative.
The Parliament being thus Prorogued, the Commons were exceed-
ingly Male-content; for they delired only a Recefi and Adjournment,
whereby all matters then depending might be found in the fame fta-
tion and condition, as at their next meeting wherein they at prefent
left them.
In this Month Dr. Lamb, a creature of the Dukes, commended to Dr. zamh his
him by Bifhop Williams, fuffer'd for the teftimony of a lewd convcr-
(ation. Having been at a Play-houfe, at his return fbme boys began
to affront him, and call him the Dtikgs Devil, whereupon he hired
feme to guard him home ; ^nd taking in at a Cooks (hop, where he
fupt, the people watcht his coming out 5 but he was fb ftrongly
guarded, as they durft not venture on him. Then he went to the
Windmsll-Tavern in Lothhury ; and at length coming forth, the tu-
mult being much increafed, gave the onlet, and ailaulted him, fb as
he was forced to take refuge in the next houfe ; but the enraged
multitude threatned to pull down the houfe, unlefs Lamb were fpeedi-
ly delivered unto them: The Mafter of the Houfe was a Lawyer,
and fearing fbme fad confequence of this uproar, difcreetly fends for
four Conftables to guard him out , but the furious multitude flew at
him in the midft of his Auxiliaries, ftruck him down , and mauled
him fo, as that they beat out one of his eyes, and left him half dead
upon the place.
In this plight he was carried into the Counter in the Poultrey ( no
other houfe being willing to receive him), where the next morning
he changed this life either for a better, or for a worfe.
t
On Augufi the 23d. following, the Duke of Buckingham ( by one The Duke of
John Leltim) was ftabbed. at Portfmouth, Who being at breakfaff Buc\in^hm
with Sonbire and others of principal (juality, this Felton (fome-
times a Lieutenant to a Foot-Company in the Regiment of Sir John
Ramfey) who had but about a week before meditated the Aft, but had
not yet contrived the means, fneaks into the Chamber vigilantly to ob-
ferve every opportunity ferviceable for his purpofe ; and finding the
Duke ready to rife from the Table, he withdraws into an Entry through
which the Duke was to pafs, who coming by w'xthS'ir Thomas Fryer (jLo
whom he declined his ear in the pofture of attention) in the very in-
ftant of Sir Thomas his retiring from the Duke, Felton with a back blow
flabbed him in the left fide into the very heart, leaving the Knife, which
wasa Tenpenny Coutel, in hisBody.
Some now thought, that though his Majefty difliked the mode of this
great mans difpatch, yet with the thing he was well enough fatisfied, as
if Providence had thereby rid him of the Subjeftof his fo great perplex-
ity whom he could not preferve with fafety, nor defert with ho-
tiour j but fuch as thefe were foon convinced of their error, when
they obferved how his Majefty did treat his relations with fb intenfe
refpeft.
But whatever-fatisfaftion the King received thereby 5 certain it is,
the Common man was well enough pleafed thereat: For though Chri-
ftianity
CaO
ftianity and the Law found the Adt Murder, yet in vulgar fenfe it ra-
ther paft for an Executioner of a Malefador, and an Adminiftration of
that Juftice, dirpenced from Heaven, which they thought was denied
on Earth : And becaufe all thofe ftorms, or publick mifcarriages, gene-
rated in the lower Kegion of the Parliament, had of late been termi-
nated in him as their grand efficient 5 every man would now be wife,
and forefpeak fair weather and a fweet harmony between the King ahd
his Subjeits , but how truly, a few Months will difcover.
November the 2 Felton having been arraigned and found guilty
at the Kivgs-Bench-Bar^ fuffered at Tyburn : His Confeffion was as
fincere, and full of remorfe as could be wifhed 5 the fad he much de-
tefted, and renounced his former error in conceiving it would be for
his glory to facrifice himfelf for his Countreys good. And whereas
other Motives were fuggefted by report, he protefted upon his Salva-
tion, that he had no other inducement thereunto, than the Parliaments
Remonftraoce. His body was from thence tranfraitted to Portfmouth^
and there hung in Chains.
The Parlia- January the 2oth, 1628, the Parliament meet again, who foon
meat meet, found they were like to have work enough 5 for Complaints came
thronging in, efpecially againft the Cuftomers, for taking and diffrain-
ing Merchants Goods for Tonnage and Poundage , which the King
. taking notice of, called them to the Banqueting-houfe, and told
them, viz.
i
* That the occafion of that Meeting, was a complaint made in the
* lower Houfe, for flaying of fbme mens Goods, for denying Tonnage
' and Poundage 5 which difference might be foon decided, were his
' words and aftions rightly underflood : For if he did not take thofe
' Duties as an Appendix of his Hereditary Prerogative, and had de-
' dared he challeng'd them not of right, and only defired to enjoy them
* by the gift of his People 5 Why did they not pafs the Bill, as they
* promifed to him, to clear his by-paft adlions and future proceedings,
' efpecially in this his time of fb great neceflity.
* Therefore he did now expeft they thould make good what they
'promifed, and put an end to all queftions emergent from their'
' delay.
The Houfe of Commons laid, That Religion is above Policy, God
above the King y and that they intend to reform Religion, before they
engage in any other confideration ; Nor was it agreeable to the Li-
berty of Confultation, to have their Tranfaftions profcribed , fb that
they would at prefent lay afide the Bill of Tonnage and Poundage,
till they thought convenient: and they were as good as their words.
For the firft thing they refolved upon, was the appointment of Com-
mittees (which the Courtiers called an Inquifition), one for Reli-
gion, another for Civil Affairs 5 and thefe to reprefent the abufes in
both.
The
[33] ■ •
The Abules then in the Church, and likewife in the State, as repre-
fented to the Commons by their Committees, you may read at large.
Page 97, 98, 99, 100, loi. in the faid Narrative.
Bur the diftempen continued fo long, and with Co quick and high a
pulfe, as the King having every day notice of them, He forthwith
fcnt for the Serjeant of the Mace, but the Houte would not permit
him to depart , but taking the key of the door from him,, gave it to
Sir M/ks Hobart^ a Member of the Houfe, to keep ; The Ring deeply
iuccnled at thele Exceedings of contempt, lent Maxwell^ Ulher of the
Black Rod, to Dilfolve the Parliament, but neither he nor his Meflage
would be admitted : Whereupon the King, much enraged, lent for
the Captain of the Penfioners, and the Guard, to force an entrance;
But this paffion that (hut out the King, yet let fo much reafbn in, as
perfwaded them it was good fleeping in a whole skin 5 and under-
(landing the Kings intentions, they fuddenly voided the Houfe.
Soon after this, the King came that very morning into the Houfe of
Lords, and making a (hort (though fmart) Speech unto them. Com-
manded the Lord-Keeper to Dilfolve that Parliament.
The King having thus Diifolved this Parliament, or rather broke The King
up School, tho(e whom he now called Vipers^ had not in the Hou(e of fends forth
Commons fpit up all their Malignity, but referv'd (bme to difperfe and ^
difpole of in the Country, whereby an ill odour might be caft upon
his Government, and the hearts of his People alienated from him.
As an antidote therefore againfl: that poyfon, and to anticipate all mi(^
underftanding, he (peedeth out a Declaration, letting forth to all his
Subjeds the Motives perfwading him to Dilfolve the Parliament, and
a breviate of all the Tranfadions in this and the former SelBon ^ with-
al, minding them in the clofe of all, that the Duke of Buckingham was
decried while he lived, as the folitary caufe of all bad events in for-
mer Parliaments 5 that he is dead, and yet the Diftempers not in the
leaft abated, which he takes as an argument that they were miftaken
in the caufe 3 and, that it was rather refident in fome few Members of
Parliament. * ■ ■ ^
The King'having, as he hoped, difabuled his Subjeds by his late
Declaration 3 next intended to proceed feverely againft thofe who had
offended him, and whofe punilhment he faid he relerved to a due
time upon this account 3 the 18/^ of this Month he fent for Ten of
the late Members to appear at the Council-Table, vi%. Mr. Hollis^
Mr. Selden^ Sir Miles Plobart^ Sir John Elliot^ Sir Peter Hayman^ Mr.
Stroud^ Mr. Coriton^ Mr. Valentine^ Mr. Long, Mr. Kirton : Thele
appearing, Mr. Hollis was interrogated. Wherefore (contrary to his
former ufe) he did the morning the Parliament was Dillblved, place
himfelf by the Chair, above divers of the Privy-Councellors }
K
He
. He anfweredj That he had fome other tiines as well as then , feated
himfelf in that places and as for his fitting above the Privy-Councellor^j
^le took it to be his due in any place whatfoever (unlefs at the Council-
Board); and for his part, he came into the Houle with as much zeal for
his Majefties Service, as any one vvhatfoever; and yet neverthelefs find-
ing his Majefty was offended with him, he humbly defired that he might
rather be the fubjeft of his mercy, than of his power. To the which
the Lord Treafurer anfwered, You mean rather of his Majefties Mercy
thanof his Juftice.
Mr. Hollis replyed, I fay of tlis Majefties Power, my Lord.
I
Sir John Elliot was next called in, who was queftioned for words, he
' fpake in the lower Houfe of Parliament, and for producing the late Re-
monftrance.
< .
To this he anfwered,
That whatfoever was faid or done by him in that place, and at that
time, was performed by him as a publick Man, and a Member of that
Houfe, and that he was and ever will be ready to give an account of
his Sayings and Doings in that place, whenever he fhould be called unto it
by that Houfe; where (as he taketh it) he is only to be queftioned; and
in the mean time being now but a private man, he would not nowtrou-
ble himfelf to remember what he faid or did in that place, as a publick
Man.
Sir Miles Hohart was alfb queftioned for locking the Parliament Houfe
Door, and putting the Key hi his Pocket; to which he pleaded the
Command of the Houfe.
The other Gentlemen Were queftioned for ^reproving the Speaker^,
and not permitting him to do that the King commanded him, who all
• alledged in defence the Priviledg of the Houfe.
After this they were committed fbme to the Tower, and fbme to the
.Gatehoufe, and fome to the Fleet; And May the firft, the Attorney
lent a Procefs out againft them to appear in the Stgr-Chamber, and to
anfwer an information to be entred there againft them; but they refii-
fed as denying the Jurifdiftion of that Court over offences done in Par-
liament, which created the greateft and longeft Controverfie in Law that
had been ftarted in many years.
'Anno Dmhit tenth, dyed William Earl of Pembroke^ Lord High Steward
>530, . of England^ of an Apoplexy.
v i I ^ J- ' ■ }
hkCharadler Pifture and vive Effigies of Nobility; His Perfon ra-
ther Majeftick than Elegant 5 his prefence whether quiet or in motion^
full
✓
C35]
Xfull of ftately gravity, his mind generous and purely Heroick, often ftou't,
but never difloyal 5 fo Vehement an opponent of the Spaniard^
as when that Match fell underconfideration, he would fometimes row2e
'even to the trepidation of King James^ yet kept in favour (till 3 for
-that King krieW well enough that plain dealing was a Jewel in all men,
fo in a Privy Councellor was ah ornamental duty v arid the fame true-
heartednels commended him to King Charles , with whom he kept a
.moft admirable Correfpondence, and yet ftood the. firm confident of
the Commonalty, and not by a fheaking cah^mg, but by an eredt and
■generous prudence, fuch as rehdred him unfufpefted of Ambition on
the one fide, or of Faction on the other.
This iiniverfality of Aflfe3:ion mide his lofi raoft deplorable, but men
' We loft when all turns to forgotten-duft: That affeftion would not that
he ftiould be fo nonplufi'd, but kept his noble Fame emergent and alofr,
and if this Hiftory Qlall bear it up, I ftiall efteem it not more his felicity
than my own.
1 . i ' '* ■ i
April the twenty fifth of this year. Was Arraigned, CbnVidled,' Con- um
demned, and on May the fourteenth Executed upon Tower-Hill, Mervin
Lord Studley, Earl of Cajlle-Haven, for R.ape and Sodomy.
In fell two great Favourites of different parties, of the Com- Amo
monalties one, and of the Rings another ; Of the Commonalties, Sir ;
Edward Coke, who died about the latter end - of this Summer , full of Sir '
days he died, moft whereof he had fpent in eminent place and honour, depart-
His abilities in the Common Law, whereof he paffed for an Oracle,
laifed him firft to the dignity of Attox-ney-General to Queen Elizabeth^
Then of Lord Chief Juftice of-the Kings-lBench under Ring James :
His advancement he loft, the fame way he got it,. vi%. by his Tongue,
lb rare it is for a man very eloquent, not to be over loquent 3 long
lived he in that retirement, to which Court-Indignation had remitted
him, yet was not his receft inglorious, for at.improving a difgrace to
the beft advantage, he was fo excellent 5 as King James faid of him, he
.was like a Cat, throw her which way you will file will light upon her
feet. And finding a Cloud at Court, . he made fure of fair weather in
the Country, applying himfelf fo devoutly to popular Interefts, as in
fucceeding Parliaments the Prerogative felt him as her ableft, fo her
moft aftive Opponent, upon which account he was i Caroli made High
oi Buckinghamjime, on purpole to exclude him the enfuing Par-
liament, there being an efpecial Nolnmus and claufe in his Commiflion,
prohibiting his Eledion , notwithftanding which Eledled he was in
Norfolk, and thofe words of Reftraint upon the debate of the Queftion
in the Houfe of Commons, Voted void.
. , „ . i
On the Rings, the Great Lord Treafurer Sir Richard Wejion, Earl of Sir Siickri
Portland, this year and he alraoft expiring together, he ending this life
March the thirteenth, a fad lofs to the Ring, and the fadder bccaufe he
I thought
K
[9^3
thought it irreparable. The truth is, he was a Perfbn very able for
the Office, and the Exchequer was in the mending hand, while he en-
joyed that place; for he had a moft Angular Artifice, both in improv-
ing the incomes, and in a frugal moderation of his Mafters expence.
But the Kings forrow was nor fb extreme for him , but the Peoples
joy was full as great, for there was now grown fo fad an antipathy
between his Majefty and his Subjefts, that like thofe two Emperors,
, Antonim and Geta, they were always of contrary Senfes and Minds,
rarely agreeing in any one particular. The deportment whereby he
(b much difobliged the Commonalty, was his promoting Mono^rolies
and other advantages of Regality.
The Archbifhop and he were ufually at great odds 5 this vacant place
was at prefent entrufted to Commiflioners, until the King fhould •
otherwife difpofe thereof.
September the 7^th^ the Earl of Ariwdel brought up to Lo^idon^
out of Shropjhire^ one Robert Parr, as the wonder of our times for
long life, he having attained to the age of near 160 5 and probably
I might have continued longer, had not fo tedious a journey and over-
violent agitation of his aged Body accellerated his end 5 fo that it
may be faid, he facrificed fbme years to others curiofity.
Mno igjf. In Michaelmas-Term was canvafled and debated the grand Contro-
The greatDc-between the King and Subjeft about Ship-Money 5 for the Ship-
Ship-moaey Writs having been iffued out Aagnfi the 11, to divers Counties, many
Inhabitants, and among the reft Mr. Hambden of Buckif>gkam-jhire,
afi'effed by the Sheriff, made default of payment, whereupon the King,
equally hating to be either flattered into, or frighted from the be-
lief of its Legality, wrote a Letter to the Judges, demanding their
Opinions upon the cafe ftated.
To which the Judge-s delivered their Opinions ns followeth :
May
U7l
May it pleafe your moft Excellent Majefty,
WE have^ according to your Majejiies Command^ Jeverally^ and
every Man by himfelf^ and all of us together^ taken into our
finous confideration the Cafe and ^ejiions figned by your Majejly^ and in'
dofcd in your Letter. And we are of opinion^ That when the good and
fafety of the Kingdom in general is concerned^ and the whole Kingdom in
danger , Tour Majejiy may by Writ under your Great Seal of England,
Command all the Subje&s of this your Kingdom, at their charge to prO'
vide and furnif} fuch number of Ships with Men, ViBual, Munition, and
for fuch time a ^ your Majejiy Jhall thinly jit, for the defence and jafe-
guard of the Kingdom from fuch peril and danger : and that by Law x
your Majejiy may compel the doing thereof in cafe of refufal or refraSo-
rinefs. And we are afo of ofinion. That in juch cafe your Majejiy is
the fole Judg, both of the danger, and when and how the fame is to be
prevented and avoided.
John Bramfton, Richard Hatton, George Vernon,
John Finch, William Jones, Robert Barkley,
Humphrey Davenport, George Crook, Francis Crauly,
John Denham, Thomas Trever, Richard Wefton.
Thefe Opinions being fubfcribed by all the Judges, and 'Jnrolled
ki all the Courts in Wejiminjier-HaW, the Ring thought he had noW
warrant fufficient to proceed againft alF defaulters, and efpecially a-
gainft Mr. Hambden 5 who being fumm'oned by procels, appeared and
required Oyer of the Ship Wrirs 5 which being read, he demurred in
Law, and demanded the Opinion of all the Judges upon the Legal fuf-
ficiency of thofe Writs.
This great Cafe coming to be argued in the Exchequer, the Major
part of the Judges delivered their Opinions in favour of the Writs, and
accordingly gave Judgment againft Mr. Hambden:, yet did not the
queftion altogether fb repofc 5 but Mr. Hambden oblerving fome
Judges, viz. Crooks and Hatton of a contrary fenle, held up the Con-
teft Itill, though all in vain 5 all his inquietude not gaining him the
leaft acquittal, until an higher Power interpofed.
About the beginning of January, this year, dyed Sir Thomas Coven- Arnio xss f.
try, Lord-Keeper of the Great Seal of England 5 a Dignity he had
Fifteen years enjoyed 5 if it be not more proper to fay. That Dig- ^ '
nity had enjoyed him fo long 5 this latter affording not one every
way of more apt qualifications for the place : His front and prefence be-
(pake a venerable regard, not inferior to that of any of his Anceftors;
His train and fuit of followers was difpofed agreeably to fhun both
envy and contempt 5 not like that of the Vifcount St. Albans, or the
Bifhop of Lincoln, whom he fucceeded, ambitious and vain: His port
L was
i
C38]
was State, theirs Oftentation 5 they were indeed the more knowng
men, but their Learning was extravagant to their Office 5 of what
concerned his Place he knew well enough, and which is the main,ad-
ed according to his knowledg 5 for in the adminiftration of Juftice,
he wag fo ered and fo incorrupt, as captious malice ftands mute in the
blemifh of his fame, a miracle the greater, when we confider that he
was alfo a Privy Councellor: ATrufl: wherein he ferved his Mafter the
King moft faithfully, and the more faithfully , becaufe of all thofe
Councils which in thofe times did fo much deceive his Majefty, (and
I pray God there were fewer at this jundure of time than there is)
he was an earneft diffwader, and did much difaffed thofe Sticklers,
who rather laboured to make the Prerogative tall and great, ag knowing
that fuch men loved the King better than Charles Stuart : fb that al-
though he was a Courtier, and had for his Mafter a pailion moft in-
tenfe, yet had he alfo always, of paffioh, fbme referve for the pub-
lick welfare.
An Argument of a free, noble, and right principled mind 5 for "what
both Court and Country have always held as inconfifkent, is in truth
erroneous 5 and no man can be truly Loyal , who is not alfo a good
Patriot, nor any a good Patriot, (the Ballance indifpenfably ought to
be kept even) who is not truly Loyal.
To this worthy Gentleman fiicceeded Sir John Finch, formerly Lord
Chief Juflice of the Common Pleas.
*
An Embafla- The Heer Somerdick,, EmbaiTadof from the States of Holland, in the
dor from the Month oi January had Audience of the King : He had with hifn Count
NaJJatp and the Rhine-Grave, with a very fplendid train $
his bufinefs was to give his Majefty fatisfadion concerning the late At-
tack made upon the Spaniards by the Dutch Fleet in the Downs, and
the Embafly was fweetned by fbme overture of Marriage between the
young Prince of Orange and the Kings Eldeft Daughter.
A Parliament On the Thirteenth of April, A Parliament met and fate, and the
titer Dejjuty of Ireland being not long before Created Earl of Strafford, and
years inter- "lade Lord Lieutenant of that Kingdom , was lead into the upper
val, Afrii Houfe by two Noblemen, where he gave an account of his fervice in
Ireland, where he had obtained the grant of four Subfidies for the
maintenance of an Array,
Mr. John Glanvil was choifen Speaker of the Houfe of Commons,
and generally the choice of Members to that Houfe was fb good, that
great probabilities were given of a happy Union betwixt the King
and the Parliament.
Some feW days after, a Report was made to the Lords, by the Lord
CWtington, (who with Windebank^ and the Attorney General, were fent
by
f
C39]
I
by the King to the Lord Lowdetr^ to examine him concerning a Letter
before mentioned) that the Lord did acknowledge the Hand-Writing
to be his, and that it was framed before the pacification at Berrvicky
and was never fent to the King-, but only prepared in a readinels,
(hould need require ^ and that it was fuppreft upon that pacificati-
on 5 nevertheleft it was thought fit he fliould continue in the fame
ftate , until clearer Evidence (hould be given either for or aj^ainft
him.
Soon after the King fent a meffage to the Lower Hou(e about Sup-
plies, reprefenting unto them the intolerable indignities and injuries
wherewith the Scots had treated him 5 and withal declared unto them,
that if they would aiTift him futable to the exigency of his (ad oc-
cafion, he would for ever quit his claim ofShipmoney, and into the
bargain give them full content in all their juft demands.
' But they replied ( as being (bmewhat deliberate in this affair of
.Money) that they expeded fi,r(t (ecurity from his Majefty in thefe
three particulars, viz.
1. For the clearifig the Subje&s Property.
2. For the EJiabliJhment of Religion,
3. For the Priviledg of Parliament,
Many Conferences there was had between the Lords and Commons,
as to this old Conteft, which (hould precede: The Lords after a ftrong
divifion among themfelves, at length Voted for the King , and the
Commons for the Subjeft.Bat it was not long before this unhappy differ-
ence wfts unhappily decided:For Secretary who was employed to de-
dare the particulars of the Kings defires, required twelve Subfidies,
whereas it was faid his exprels order was for only (ix , fome there
are who fufpeft this miftake to have been not involuntary , but indu-
ftrious in him as to his Majefties (ervice 5 but leaving that undeter-
mined, the Houfe of Commons was railed by this Propofition, to fuch
animofity, as the King advifing with his Jun&o^ their complyance was The Parlia-
reprelented to him fb defperate, as that May the fifth he ordered the
Diffolution of the Parliament. fifth.
; 1 ' - having fate a-
Thus expired this (hort-liv'd, or rather thus ended this ftill-born ^
Parliament, (although we have had a much (hotter, Anno Domini
1680.) A Parliament, I know not whether more unfortunate in be-
ginning fo late , or ending fo foon : A Parliament which had Power
(and probably Will ) enough to impede the torrent of the late Civil
War 5 for the breaches between the King and People were grown (b
high, as one might already difcern all the lineaments of an Infurredfion '
in Embrio (but by my Authors good leave, the wifeft head could not
forefee contingent adions 5 for who could foretel but that his late Ma-
jefty might have been advifed by his Grand Council, and not by his
' Court
C4o]
Court Favourites} whofe abortion nothing could caule but a happy
nion in Parliament, a thing not very difficult, much left impoffible at
that time, had the King yielded to a detrenching fbme luxuriances of his
Prerogative, to the reducing Epifcopacy to its primitive inftitution,
that is, to the frame by Divine Right (a Root which had not lap enough
to maintain fo fpreading and flouriftiing a Top as was contended for} to
a more frequent and fociable communication with the grand Reprefenta-
tive. In Ihort, lb much fluent and fpontaneous corceflions as being re-
folved upon too late, were (in reference to his perfonal lecurity) loft
and thrown away in the enfuing Parliament, of the which we (hall now
very fuddenly come to give a very fuccindt account as to their particular
proceedings and tranlaftions, and compare both theft Parliaments to-
gether with thofe that have been aflembled of late, A^no Domwi^ l68o.
and 1681. And after that ftiall draw towards a conclufion, as I pre-
fume it will be high time, left my Multum in Parvo Vox Veritatis,
(hould prove at the long run, Vox QontraUitionis. But this only by
the way.
And moreover the diflblution of this Parliament was aftribed (tho'
Archbiftop perhaps wrongfully) to the advice of the Arch-Biffiop oi Canterbury 5 lb
on the ninth oi May a Paper was ported upon the Old Exchange,
his Houfe at John Lilburn^ exciting the Apprentices to rift and rifle his Houft
Lambeth. at Lantbeth on Monday following j of which he having notice, made
provifion againft them for his own defence 3 and many of them upon
enquiry,having been adors therein,were apprehended and imprilbn'd in
the White Lyon in Southrvar/^,hut within three days after fome of their
Complices got together, and came to the Prifon and brake it open and
ftt them free 3 yet nevertheleft one of the chief Ringleaders was Taken,
Arraigned, Condemned, and Drawn, Hanged, and Quartered, -on the
21 of May.
The Coavo Convention was not more unhappily diflblved , than another
catioa fitteth. continued , that is, as a witty Gentleman faid well, A new Synod
made of an old Convocation 3 which by new Commiflions from the King,
were impowered to lit ftill, the Iropulfives to it are very eafily colleded
from what Tefulted from it, as you read more at large in the afbrelaid
Author, Pape 189.
The Parliament being blown away without affording any thing in
nature of a fupply to the Kings wants: All the wheels of the Pieroga-
tive are put into motion, to carry on the War againft Scotland: Firft,
the City of London were invited to a Loan 3 then all Knights and Gen-
tlemen, who held Lands in Capite of the King, were fummoned to ftnd
Men, Horfts, and Arms, agreeable to their abilities.
In September, the Lords Mandevii and Edward Howard, delivered to
the King, at Tork, this Petition.
To
[411
To the King's Moft Excellent Majefty.
The humble Petition of Tour Maje'Jiies moft Loyal and mji Okedient Sub'
jeTtSy whofe names ar^ underwr'itteny in behalf of themfel-ves anddi-
njers others,
Mojl Qncious Soveraignj , •
THe Zeal of that Duty and Service which we owe to your Sacred
Majefty, and our earneft affeflions to the good and welfare of this
your Realm of England^ have moved us in all humility to befeech your
, Royal Majefty, to give us leave to offer to your Princely wifdom the '
apprehenfion which we and others your faithful Subjeds have concei-
ved of the great diftempers and dangers, now threatning the Church
and State, and j; our Royal Perfbrt, aiid of thefitteft means by which they
may be removed and prevented.
The evils and dangers which your Majefty may be plealed to take no-
tide of j are thel^, v/z.
I. LhAt your Majejijes Sacred Per/on is expofed to hazard and danger in
the prefent Expedition againjl the Scotifll Army^ and by occafion of this
War, Tour Majefiies Revenue is much tvajled, your SubjeBs (^ith Coat and
conduB Money, BiUetting of Souldiers, and other Military Charges, and dia-
vers Rapines and Dtforders committed in fever at parts of this your Realm,by
the SoulMers raifed for that Servic^ and your whole Kjngdom become fud
of fears and difcontents. . ^
II. Thefundry Innovations in matter of Religion, the Oath 'and Canons
lately impofed upon the Clergy, and other your Majejties SubjeSfs.
III. The great increafe of Popery, and the Employing of Popijh Recsfants,
and others id affected to the Religion by Lares Efablijhed, in places of Pow'
erandTruft, efpeciaily in commanding of Men and Arms both in the Field
and fundry Counties of this your Realm ; whereas by Late they are not,pir'
mitted to have any Arms in their orvn Jioufes.
, IV, The great mifchiefs which may fad upon this Kjngdom, if the inten^
tensions which have been credibly reported of bringing in Irifh and Foreigri
Forces jhouldtakeeffelt.
V. I he urging of Ship-money, and profecutioh of fome Sheriffs in the
Star-Chamber for not levying of it.
VI. The heavy charge upon Merchandize, to the difcouragement of Tfade,
the multitude of Monopolies and other Patents, whereby the Commodities and
ManufaHures of the Kjngdom arerhuch burthened, to the great and univet'
fal grievance of your People.
VII. The great grief of your People and Subjells, by long intermiffion of
Parliaments, and the late and forrher Diffolving of fuch as have been called,
without the happy effects which other wife they might have produced^
For remedy whereof, and prevention of the' Dangers that may arife
to your Royal Perfbn and to the whole State, they do in all humility
and faithfulnefs befeech your Moft Excellent Majefty, that youwonld
U - ■ be
be pleafed to Summon a Parliament within fome convenient time,where-
by the caules of thefe and other great Grievances, which your People
lie under, may be taken away, and the Authors and CounfeJlors of them
may be brought to fuch legal and condign punifhment as the hatiire of
their feveral offences lhall require; And that the prefent War may be
compofed by your Majefty's wildom, without Blood, in fuch manner
as may conduce to the Honour and Safety of your Majefties Perlbn, the
the comfort of your People, and the uniting of both your Realms againft
the Common Enemy of the Reformed Religion.
j4nd your Majefifs Petitioiters
fjall e'Ver prayj
Concluded the 2%th francis Bedford Warwick
<?/AuguR,.i64o._ Robert Effex Bullingbrooke
Mulgrave Ma ndevil
Say and Seal Brook
. .. - . ' Edward Howard Paget
' . William Hartford
■ ' : - Anfwer.
BEfore the receipt of your petition,His Ma jefty well forefaw tlte dan-
ger that threatens himlelf and Crown, and therefore refolved the-
24/-/? of this Ihftant, to Summon all the Peers, and with them to Cpn-.
fult, what in this Cafe isfitteft to be done for his own Ironour and fafe-
ty of the Kingdom, :where they with the reft may offer any thing that
may. conduce to thole ends.
According to tiiis Refolution, the Lord-Keeper had Direff ions from
the King to iffue out Writs of Summons for their appearing at Tork on
the day prefixt, which he punQiually purfued.
S(5on after-the prefenting of this Petition from the Lords, came ano-
ther from the Scots, the fubftance whereof was a Defire, That His Ma-
jefty would call a Parliament, for fetling a firm peace between the two
Nations.
To this Petition the King replyed, with fignification of what he had
ordered before, in reference to himlelf and to the welfare of both King-
doms. • ' ■ .
And the Truth of it is, it was high time for an Accommodation to
be effefted ; for Lejley now began to rant it in New-Ca(ik and the parts
adjacent, 2iS Brenmss did Sit Rome, with a He impoled a Tax^-
of 3 50 pounds per diem upon the Bilhoprick Durham, and 500 pounds
upon Northumberland, upon pain of Plundering, and yet permitted Soul-
diers to-rifle Houles, break open Shops, and a£b what infolencies they
plealed; feized upon four great Enp^lifj Ships laden with Corn, as law-
ful prize, thejnot knowing in whole poffellion the Town was till they
tnter'd the Haven. *
- The firft day of the Lords Affembling at Tork, jt was relblved that a
Parliament fhould be §uiiynoned to convene 21 Wefiminjler, November
the
[43]
the Third. Then a Meffage was fent to the Scots, defiring a foeedy Trea-
ty at Tork. The Scots replied, They held that no place of lecurity for
their Commiilioncrs, confidering that the Lieutenant of IreUnd,, who
commanded His Majefties Army , -was one who had proclaimed them
Traytors in Irdand,, before the King had done the fame in Enghnd, and
who had threatned to deftroy their Nation both Root and Branch , and
againfl: whom, as a chief Incendiary of the late Troubles, they intended
to complain ; M'hereuponit was concluded, that the Treaty fhoukl be
held at Riff on, which accordingly took place.
ThePaniament now approaching, whole Convening was attended
by this Kingdom with fo much longing, fuch impatience of defires, as
every moment which retarded it, was. interpreted as a kind of Grievance
to the Subjeft; for we began now to think, that nothing could make us--
a happy People but a Parliament, and that no Parliament could make us
miferable. This was the Sence of the greater part of this Nation; and
if this ParliamentTucceeded not adequate to fome Mens Vote, perhaps
the mifcarriage of their hopes may be fbmewhat imputed to this Sence;
Over-ruling Providence delights oft to order the Operations of free and
natural Agents, counter to Mans Expeftations, to teach us the vanity of
that Faith which is founded upon Caules fubaltcrn.
And oh ! that I could-here bijt exprefs to the life, the high ExpeSlati-
ons of the People from this Parliament,which came with fuch a terrible
fwing, after folong an Interval, and lb many Di^^o^utions, that put the
whole Nation into fuch a Confternation, as, I prefume, the like Prefident
cannot be produced out of the Records of Antiquity, lince Willixfit the
Conqueror did fir ft invade our Territories.
But however ( Courteous Readers ) for your prelent Divertifement,
I will here make a fmall Attempt, to exprefs the prefent Thoughts and
Expectations of that Parliament^ which in procels of time brake forth
into a Civil War, (and I pray God I may never live to fee the like again)
the which I fliall reprefent under the Emblem.of a now, tight, and well-
built Ship, which upon the Launching, was named. The Bon Refslution,
( although ibme would h'ave it called, The Houfe of Commons, others, The
Three Eftates, and others. The Swiftfure ) arid was immediately employ'd
in His Majefties Service,but being for fome time wind-bound within the
Harbor, about 12 days) the Captain of the faid Ship coming
early out of his Cabin one morning, and finding the Wind tackt about,
and blowing fair for his intended Voyage,being upon the Quarter-Deck,
he knocks up his Seamen, and falutes them after this manner: viz,
A Rife you Morfds , from your Dens of Sleep,
Neptune now calls , to launch into the Deep ^
Xhe VEind, blows fair, iEs lately turrHd, South-weft^
jlnd we mufi Sail directly to the Eaf :
Eor Pearls and Diamonds, Jewels of great Rate,
Which in the Acquejt, fomettmes a broken Pate
Hath been our Lot; yet Jlitl we venture mufi,
Tou know our Shipwrights ( wherein fo great a Trufi
Is now repos'^d in us , comes from Whitehall )
Our fate CommiJJlon ; whence we may learn AH /
- - - Which
[44]
Which way to jleer our courfe y and, will direB
Whom we mufl crujh ; and whom we muH froteB
In thii our Voyage. ^Tis the Common-weal
Of thsfe Three Kjngdomsy That a.Roaring Peal
of Small and Great Shot, now aloud muH King
From,this our Vejfel. To freferve theKjng
In all Pits Legal Rights. . But to, advance
Againfi all thofe , who have lead up a Dancey
As willy in timey if Heavens do not preventy
Defray both VJng, and all the Parliamenty
And in their fiead fet up a Scarlet Whore,
Of whofe fweet Nature we have long before
Kjtown by ExperiencCy and now for to be cheated
By their Sham-Plots a^in, and to be defeated,
Huzz,ay Brave Lads ! This thing fjall never be,
IVPII rather chufe upon a Triple Tr&e
To take our chanceyand now Heavens crown the Event,
And blefs our Vejfely and our good Intent;
Heavens blefs us from the Sally Men of Wary
Heavens blefs us likewife that we do not jar
Among our felves. If fuch a thing jhould be.
And that our Seamen now fljould difagree.
And fght for 7himbles , Bodkins, and Gu-gaws,
Infead of fighting for the Good Old Caufe
of Liberty and Property. Oh ! this Evil
Would make us for the Pope and Devif
More than for Chrifis true Church, which now doth fiand
In danger much, if thefe jhould have Command
Within our Britilh ijle ; which to preventy
God blefs our Kjng y and His next Parliament,
Which now approacheth, wliom we muH defend.
And fo our Snip, the Lord Almighty fend
Into fafe Harbor, when that we jhaU bring
Peace to the Church, and Honor to the Kjng;
And when our Pearls and Diamonds jball arritie ,
We^ll fix them faB upon King CHARLES his Hivel,
His Crown jhall glifitr like the Rifing Sun.
Courage, Brave Boys ! Our Wars jhau then be done.
When we jhall fee thofe Fellows fent from hence.
With all their Tories, that place from whence
They firB did rife, which was from that Grand Syre,
Who claims the Patent, to be the great Lyar '
And Forger of all Mifchiefs, both in Church and State j
But will, at lengthy get fuch a Broken Pate
As will confound him, and his Holy Church,
When as Old Nick jhall leave him in the Lurch:
To him Pll leave him, and his Tory Crew,
And now proceed to what doth here enfue.
Tuefday, Novemb. being the day prefixt, aiid the Parliament a{-
lembled. His Majefty bcfpake them in theie Words:
My Lords,
TH E k/jorvledge that I haVe of the Scotifh Subjects, was the caufe of
my calling of the lajl Ajfembly of Parliament, jvhertindf I had been
believed^ I do molt fincerely think^ that things had not fallen as We now-fee j
btit it is no wonder that men are fo fow to believe^ that fo great a Sedition
fjould be raifed uyon fo little ground.
But now ( My Lords and Gentlemen ) the Honor and Safety of this Kjng-Wt
dom lying fo heavily at flake., I am refolved to fut My Self freely upon the ^fe^^thisre*^
Love and Ajfe6tions of my Englifh Subjects, as thofe of my Lords that folution, fome
■waited upon me at York, very well remember^ I there declared. , things
Therefore (My Lords) I floall not mention Mine own IntereB, or that Sup- to that^^j^re-
port I might juflly expeckfrom you, till the Common Safety be fee ured\ though mity that after-
I muH tell you, I am not afhamed to fay, thofe Charges I have been at, have
been meerly for the fecuring the good of this Kjngdom, though the Succefs
hath not been anfwerahle to My deflres : Therefore I jhall only deflre you to
conflder the besk way for the Security of this kingdom, wherein there are two
things chiefly confiderable :
1. The chafing out the Rebells. , ;
2. That other in latisfying your juft Grievances, wherein I fhall pro-
mote you to concur fb heartily and clearly with you, that all the World
may fbe my intentions have ever been and fhall be to make this a glori-
ous and Hoarifhhig Kingdom.
There are onely two things more that I jhall mention to you, the one is to tell
you. That the Loan of Money which I lately had from the City of London,
wherein the Lords that waited on me at York affifled me, will only maintain
my Army for two months, from the beginning of that time it was granted.
Now (my Lords and Gentlemen) I leave it to your Conflder at ion, what Dif-
honour and Mifchiefit might be, in cafe for want of Money my Army be Dif
banded before the Rebels be put out of this Kjngdom. Secondly, The fecu-
ring the Calamities the Northern People endure at this time, and fo long as
the Treaty is on foot: And in this I may fay. Not only they, but all this Kjng-
dom will fufer the harm ; therefore I leave this alfo to your Conflder at ion, for
the ordering of the Great Affairs whereof, you are to T reat at this time. I am
fo confldent of your Love to me, and that your Care is fuch for the Honour and
Safety of the Kingdom, that I fbould freely leave to you where to begin. On-
ly this, that you may know the better the State of all Affairs, I have comman-
ded my Lord Kyeper to give you a floort and free Account of thofe things that
have happened in this Interim, with this Proteflation, That if his Account
be not Satisfactory, as it ought to be, I fhall, whenfbever you defire it,
five you a Full and PerfeCt Account of every Particular. One thing more
deflre of you, us one of the greatefi means to make this an Happy Parlia-
ment, T hat you on your part, as I on mine, lay a(ide Sufpition one of another y,
as I promifed my Lords at York It floall not beniy Fault, if this be not a.
Hippy and Godd Parliament.
The King having ended, the Lord Keeper,in purfuance of His Majefty's
Commands, gave them a Summary Account and Relation of all Things
N relating
[4^ ]
relating totheScottifli Invafion, I dare not fay Rebellion ; for, that the
King reprefented them under that Difguftful Charafter, was very ill re-
fented by feme confiderable Peers; whereof His Majefty having notice,
told the Parliament two days after. He mufi needs call them Rebels, fa long
as they have an Army that does invade England.
The remainder of this Week was fpent partly in fettling Committees
for General Grievances, and partly in fet Speeches, Rhetorically declaim-
ing againfl:, and differing tnerti.
The remainder of the particular Tranfaftions of this year of the Com-
mons of England Affembled in Parliament, and of the year fucceeding,
1641. I fhall not here relate at large, but refer you to the Annals of King
Charles the Firft, written by this ingenious Author (from whom I have
borrowed and tranfcribed the major part of my precedent Relations)
who ends at the Death of the Earl of 6V/-;^r^^,which was May the i ith,
1641. And after that, I mufl: refer you for the remainder of that year
unto Sir Richard Baker*s Chronicle of the Kings of England, &c. But
the particular heads of thoie Tranfaflions, as to matter of faft, I {hall
be willing here to recite for your (Courteous Readers) prefent fatisfa-
^fion in manner and form as followeth, viz.
1. Several Petitions againft Grievances.
2. Priviledges of the Lords Houfe Vindicated.
3. The Lieutenant of Ireland Impeached of high Treafon.
4. The Northern Armies in want.
5. Bifhop of Lincoln Enlarged.
6. Juftice Howard affaulted by a Paplft.
7. Prinn and Bafiwick tnttT London in
8. Secretary Windebanck flieth.
9. Votes againft Ship-money.
' 10. The LoWo;? Petition againft Bifhops.
31. The late Canons damn'd.
12. The Lord-Keeper Finch defends his Inaocency.
I J. He is Voted Traitor ilpon four Confidqrations, and thereupon
he fiyeth beyond Sea.
14. The Kings Speech for Bifhops.
15. One Goodman a Prieft reprieved.
16. A Remonftrance againft Goodman the Prieft.
17. The Kings Anfwer to that Remonftrance.
18. The Scottijh Commiflioners Demands, and the Anfwer thereunto.
19. A Match propounded between the Lady Mary and the Prince of
Orange,
20. The Kings Speech to the Lords concerning that Match.
21. Some Plots of the Papifts.
22. The Earl Impeacht of High-Treafon.
2^. The Kingpaffeth a Bill for Trienial Parliaments, and his Speech
concerning it.
24. The Bill of Subfidies paffeth at the fame time, and Bonefires and
other tokens of joy were made that night in the City of London^ by Or-
der of Parliament.,
. 25. William Laud, Arch-Bifhop of accujfed of highTrea^
fon in fourteen Articles* .
^ ^ 26, The
[47]
26. The Lord Speech for Epiicopacy. ^5}
27. The Charge againft the Earl of is given, and his Ah.G
wers thereunto, and Weflminfler-Hdl is appointed for Ins Ttkl.
28. The Commons juftifie their Charge by Law. -
29. The Earl anfwereth by Councel. ' 1
30. The Commons Vote him guilty of Higli-treafbn. ; , .
31. The Commons Petition the King againlt Papifts, and the King's
Anfwer. ' .
32. The Kings Speech to the Parliafrtertt in defence of the E.of StraffoM
33. The Prince of Orange Marryeth the Lady Mary. . ^
34. A Tumult in WeHmin(ter crying for Juftice againft the Earl, ^
35. A Proteflation framed by tne Commons. _ . ;
36. A Bill propounded for the continuation of the Parliament.
37. The Earl of Strafford Voted by the Lords Houfe guilty of High
Treafbn. •. t
38. Two Bills tendered to the King , who is much perple)jft what An-
Ever to return.
39. The Earlhimfelf, by Letter defires the King to pafsthe Bill.
40. Cenfures upon the iCngs pafling the Bill for the Parlilaments con*
tin nation.
41. The Kings Letter in behalf of the Earl to the Houle' of Lords-,
and their anfwer thereunto.
42. The Earl brought to the Scaffold, and his lafl: Speech before hii?
Execution. . ^
43. The Earls Character.
Here I mufi referyoit at large to Richard Baker,&c.
44. The Earls Children reftored to their Honour and Eftates.
45. The Earls of Hartford, EffeXj Bedford, Warwick, Lord with
fome others, made Privy-Councellors.
46. The Lord Trealurcr and' othet gtcat OiHcers refign up their
places.
47. The Star-Chamber abolifhed, and the high Comniiflion Court
put down.
48. Ship-mohey relinquifh'd by the King.
49. Five Judges for Ship-money Impeached of high Mifdenlenours,
andBfry^^ accufed ofhighTreafon.
<0. Several Laws paffed by the King for regulating' abt^s- and di&
claiming Priviledges.
51. The Treaty between the two Kingdoms confirmed:
52. The Earl of Holland mdAe. General of the Englijh Army, and' a
Pole raifed for the payment of them.
53. Both Armies are Disbanded, and the King takes~a Journey, into
Scotland, and there confers honours upon fbveral perfons of that King-
dom.
54. A Bloody Rebellion breaks forth irt-7re/ii»i.
55. Owen OConally, an /r/yZ; Proteftant, difcovers the-Plot, prevents
the feizure of Dublin Cafllei
56. The Eariof Le/Ve/?er chofen Deputy?of Ireland,^
57. The./r^/^-Rebellion occafioned by the infurredtion m-Scotla'ud. ,
58. The King receives Intelligence of what hat^n^ 'm^Irdmd, and
fends
. [48]
fends Sir James Stuart with inftruftions thither, and moves the Parlia-
ment of Scotland for Aid, which they Excufe.
$9. The Irijh pretend the Kings Commiflion for what they did, there-
by to difliearten the Englifh, and alfo feigned Letters that the Parlia-
ment would compel! them to Proteftancy.
60. The Irijh Rebells poffefs themleives of all ftrong places in Vljler.
61. They contrary to Articles of Surrender, Malfacre the Eng-
lijh, but lave the
62. The Parliament of England defigns Money for Ireland.
Forces raifed to go againft the Rebells.
64. The Earl of OrmondsmAe, Lieutenant-General of the Forces there.
65. A Regiment lent to Ireland under Siv Simon Hart court.
66. The King returns out of Scotland^ and the Parliament prefent a
Remonftrance to him at Hampton-Court, as alio a Petition with the Re-
.monftrance.
67. An A£l publifhed in Scotland againft Levying Arms without the
Kings Commiflion.
68. The King receives the Parliaments Petition, but defiresthem not
to publilh the Remonftrance.
69 The Remonftrance is Ordered to be publifhed in all parts of
the Kingdom, and the King anfwers the Petition, and Vindicates himlelf
from the Afperfions of the Remonftrance. ,
76. The Commons pafsa Bill for dilabling all in Holy Orders to exercife
temporal Jurildiftion.
71. The tumult upon the Lords flighting the Bill, comes to their
Houie, and clamour againg theBifhops, and fome of the Commons ju-
llifie thole tumults.
72. The Lords fends a Writ direfted to the Sheriffs and Juftices to
fupprefs thofe tumults.
7 J. Whereupon the Conftables and Juftices aire fent for by the Com-
mons.
-^4. The Bilhops ProteftationS againft the actions of the Parliament,
and they are charged with high Treafon, and committed to the Tomr^
where they continued about four Months.
75. The Parliament Petition the King for a Guard.
76. The King denies the Petition, and chargeth KJmbolton and five
Members more of the Commons with high Trealbn.
77. The Commons juftifie the acculed Members.
78. The King comes to the Houle to demand the Delivery of the live
Members, and the Commons Vote this a breach of Priviledge.
79. The King removes to Hampton-Courty and lends a Meffage to tlie
Parliament. -
80. The Commons Petition the King for the Militia to be put into
their hands.
81. The Queen accompanies the Princels Mary into HolUnd, and the
King removes to Torky and there ilTues out Commillions of Array. And
lb, Einis Coronat Oputy I have proceeded to the laft day of 1641. For I
find March 28.1642. The King and Parliament differ about who fhall be
chief Commander at Sea; where I am willing to leave them, and dare
not launch out any farther, as to the Merits of the Caufe,
[4?]
And now in the clofe of all, if ypu will pleale to gtve me leave faith-
fully to examine and compare together the Tranlaftioris, Principles, and
_Pra£l:ices of the Commons of EngUnd (in particular,as being Aflembled
in Parliament) Anno Domini 1640, and i64i,^as alio Anno Domini 1680,
and 1681. (whole Tranfaftions, Debates, and Speeches, are all lb lately
Printed, that I need not here iniert the Particulars^ but refer you unto the
Debates themfelves) And I do clearly find the lame Ehghfli %irit, lb far
as 1641. (pray take notice I proceed no further in this Multum in Ear'vd^
runs almoll exaffly Parallel with the prefent years of 80, and 81. And
when you have peruled and lerioufly conlidered them within your lelves,
I do prefume (and am very apt to conjefture) that you who are of a lb-
ber mind, and wilh from your Heart and Soul all Peace, Profperity, and
Happinels to your King and Country, That you will lay with me. That
although they are not enough to latisfie and filence an high Tory and
bloody Papift, yet they are Arguments and Demonltratibns ferong e-
nough in Conlcience to convince any Athelft in his fober mind, of the
Reality and good Intentions (againft Popery and Slavery, many times
flily introduced by Ibme unworthy Sycophants, and corrupt Minifters of
State) of the before-mentioned precedent Parliaments.
And although we live at prefent in an Age of Wonders, viz. of won-
derful Signs, wonderful arid moft prodigious Coniets and Blazing Stars,
and wonderful Apparitions (for a particular whereof, viz. of fuch as have
happened in the laft year 1680,pray read MrXhrijlropherNefs his late Book,
the Title whereof is. Wonderful Signs for Wonderful Times) yet I lay the
major part of us do turn all thefe things into perfeQ: Ridicule and Scorn,
and are far from deterring us from the evil of our ways,but do ftill run on,
(ffehti-likQ) and perlifl: in our accufeomed Sins, and DaliUh-Yiko. Provoca-
tions againft God, and arc "all of us (the Lord of Heaven knows) in a ve-
ry unprepared frame, temper, and diipofition, to meet him ( and to kils
the Rod) in the ways of his Judgments, vyhen they lhall come fuddenly
upon us, like an armed Man, and there lhall be none to deliver us out of
his avenging hand. Him that hath an Ear to hedrfet him hear
And among the many Wbnders which we have already had, I have
made bold here to infert one more, which for ought I know may fiid-
denly come to pals in" the midft of us, (and pray pardon my plainnefsand
well-meaning, and hearty wilhes therein) the which you may pleafe' to
perufe, in manner and form as followeth, viz.
A Wonder jlrange I will you telf
jf\ From Heaven ^ twill hcy and not from HJly
iVmn as KjngQHNFWFTy ^allhecontenty ^
In Love fO meet his Parliamenty
And let them fity For to Redrefs
All GrievanceSy both more or lefsy
Which in our Church and State hav^ beeny
. • Her fince our Bleffed Virgin Queen
Until this dayy Which make us bleedy
■ And crj/y We want fome nurfing feedy
To Cool us in our Scarlet Feaver 'y
This is the time, or elfe forever
O Adiett
. [50]
•JtdieU' to Peace. War -will begin
In this our Land. The man of Sin
Begins to Rant. And to declare
Againjl us alf He will make Wary
Who will not Jloog unto his Powery
The Sword or Smithfield fljall devoure
Such j^orthtrn Baflards which have done
Such Mifchkf to his Triple Crown.
But when our Princey Kjng CHARLES the Qreat '
Shall Difjifate this Southern Heaty
And when our Trujlees jhall declarey
A War againjl Saint Peters Chairy
( And htm that doth Pojjefs the famey
Whom Chrift himftlf at laH fhaE blame )
And fo ftcure us from thofe Brats
Which to the Church and State are RatSy
And Jlill do Plot to kee^ us undery
And Gnaw our Church and State in [under j
Oh! then Sweet Peace Jhall Enter tn:
■And after thaty the Man of Sin
Shallfoon be Routed^ out/from hence
By the Powerful Charms and Influence
Of Prince and People y foyrHd in onty .
Like to the Father and the. Son ;
Till theny and not till theny will here infue
A Laiiing Peace'y tilltheny Reader, Adieu :
And know till then that I am well content
To fuffer for an Honejl Parliamenty
So long as they Jhall provefo Loyaf
As. we of latey have had the Tryal
Although mifcailed all Bugbears
By fame proud RafcalSy whofe fofP'^ars
May yet in time perchance to feel
The Dint of their Provoked Steef
And make them Jloptheir mouths for fear
A Triple Tree Jhould them befmeaty
'' Who have fo boldly here of late
Belcht out againli our Triple State
Such Spite and Venomey in one hour
Enough (^fdy fome ) for to devoury
Our Triple League within our Landy
Where QVihRLPS the Second doth Commandy
By Laws EJlabliJht with Confent
of three Efates in Parliament
Kjng Lords and Commonsy Oh this State
Cannot be Crujht without a broken Pate
Given to fomey who Bill do Lurke
Within our Bowelsy who much like the KJrk
In other Countries y and would (Iraightway bring''
All to their BoWy and Itkewife every thing
Which
Which Tim Arts their Humors^ And rvhcfefair pretence ■■ •
h jtill their XcaI unto Omnipotence^
Although in this ( Heaven knows ■) they are aU evil ■■
And Pope and they may jbake hands with the
As all infallible in their own proud fence:
God keep us from their power and Influence • -
Within our Landy and let all Chriliians fay
To this Amen. And here wet'I part the Fray !
Although continue'Praying TiU ive fee -
This Unity made vifibte in Three ■
And that you rtiay iecas unlikly a Wonder and Prediftion may corne
to pafs, I will relate unto you who have not already feeri or Jieard of it,
a ftrange and moft wonderful Prediffion, the mort part whereof is al-
ready come to pals, (and that within our Times and.Remembrance) the
which faid moft wonderful Prediction is of many hundred years Handing,
the which I did formerly take out of a Book, the Title whereof is Bri-
tains Geniusy Printed here in London about 1646. or 1647; long'before
His Majefties moft wonderful Reftoration, and Ibme fpace of time be-
fore His late Majefties moft inaulpicious and moft aftoniihing Decola-
tion. The contents of the faid moft wonderful and antient Prophecy
out of the faid Book, you may pleafe to perule as followeth., viz.
WHen here a Scot fhall think his Throne to fet
Above the Circle of a Britifh Kjtigy
He lb all a datekfs Parliament beget y ■
Front whence a furious Armed brood fjall fpring;
That Army jhall beget a wild Confuflony
Confuflon flsall an Anarchy begety
That Anarchy fhall bring forth in Condufion
ACreature which you have no name for yet j
That Creature jhall Conceive a Sickly StatCy.
Which fhall an Ariflocracy produce ; ^
The many-headed Beafl not likingthat
To raife Democracy fhall rather chufe'y f .
And then Democracies Produblion fhall
A MoonCalfe be.,which fome a Mole do calTy '
So adtngfor awhikyfew men fljall know «
Whether among them there be a Supream or not
Five of themy fhall fubdue the other fvey
And then thofe fve fhall by a doubtful ftrife
^ F-ach others Deathyfo happily Contrivey
That they fhall Dky to live a better life
And out of their corruption rife there floall ■ . ^ HisMajeft
A true Supreamy Acknowledged by aAy ■ . • Reftanration
In which the power of all the Five fhdil be • - _
With Unsty made vifible in Threey ;
Kjngy People, ParliamentSy with Priefls and PeerSy "
' Shall be awhile your Emulous Grandees, - -
MakeaConfufedPentarchy fome years y "
t And leave off-their dijlinlb Claim's by degrees J -■
•4 And
1-52]
'Afid thm fkfdl Righieoufnefs afcend the Throne^
Then Love,and Truth, and Peace, Re-enter fljad;
Then Faith and Reafon ^all agree in One,
And all the Virtues to their Councel Oall,
Then timely after this, there jhall arift
That Kjngdom and That happy Government,
Which is the Scope of all thofe Prophecies '
T hat further 1 ruths obfcurely Reprefent,
But how this jhall be done, few men jhall fee',
For wrought in Clouds and Darknefs it jhall be :
And ere it comes to pafs in Publtck View,
Mojl of thefe following Signs jhallfrfi Enfue z
A Kjttg jhall willingly, himfelf Vnking,
And thereby grow far greater than before ;
The Priefls their Priejihood to Contempt jhall bring.
And Piety jhall thereby thrive the more :
A Parliament iifelf jhall overthrow.
And thereby jhall a better being gain ;
The Peers by fettingof themfelvesoelaw,
A more Enobling Honour jhall obtain :
The People for a while, jhall be Enflaved,
' And that jhall make them for the future free ;
By Private Lofs the Publick jhall be faved ;
An Army jhall by yeilding, Victor be.
Then jhall God own his People and their Caufe,
The Laws Corruption jhall Reform ths Laws.
And Bullocks of the Largefl Northern breed
Shall fatted be, where now fcarce Sheep can feed.
And here although I cannot Divine, neither dare I afTume to my felf
fb much boidnefs as to prefcribe the way and means, in order to the ac-
complifhment of thisjaoft ftrange and wonderful Recited Prophecy, yet
I am apt to Conjefture, and do perfwade my felf (if ever it IRall come
to pafs ) That it will be in a very Critical time of Common and Emi-
nent Danger (peradvcnturethe Dread of a Popifh Succeffor, and the Dii^
nial Confequcnce thereof) when fome good Prince or other fhall be fb
far graycioufly pleafed to condefcend to his grand Council, as to make three
Kingdoms by his Royal Fiat, (aut Le Roy Le Veult) for the future Eleft-
ive, and fb they may ftill introduce the Royal Blood and Legitimate
Line ad Infinitum, that are truly Proteftants.
And now Courage (moft Noble Loyal and Curteous Readers J what
fay you if his prelent Majefty of Great Brittain fhould be this Perfbn of
C^ality here intimated and defcribed in this moft wonderful and Anti-
ent Prophecy ( a Prediftion I muft needs 'Confefs moft proper for fuch
wonderful times as we now live in ) would you not all unanimoufly and
with loud Acclamations throw up your Caps and Beavers into the Air,
arid Qty,Vivt le Roy,(ot,Cur fat Lex & vivnt Rex ?) And if fb,for my own
part I fhould yet hope to fee (if it lhall pleafe my Gracious God to lend
me a little longer time of health andftrength) many Halcyon and moft
happy days in the Land and Nation of my Nativity before I go away
•. \ ' ■ . hence
hence and fballhe ften no more. And that an happy union and good cor-
reipondence between his prelent Majbfty and his future Parliaments,
without the leaft-fiifpition or jeaioufie'^one of another, may yet come
to pals in our days, I do moft humbly befeech thy Divine Majelfy, who
art the Lord God Almighty,- to grant fof thy great names-fake, arid for
thy Vicegerents fake, and for his Peoples fake (who are truly Loyal
and obedient Subieftsj in and through thy moil: dear and well beloved
Son the Lord Jefus Chrift, m whom thou art well pleafed, and whom
(by thy free grace, goodnefs and moft ffupendious mercy and compaf-
fion to thy poor creatures)^' is the Lord and giver of everlafting Life, to
all thofe who fhall moft feithfully, and moft fineerely, though but im-
perfectly obey him. And npw to him with thy eternal Majefty, who
art King Immortal, InVifiblef and only wile God, by the affiftance of
thy holy (and for ever bleifedj Spirit of Grace, I do moft humbly de-
fire to render, give, and afcrifcfe all honourj plory, laud and praife, might,
Majefty, reverential fear,. atid all humble adoration, from this time forth
and-for evermore, Ameh^
And now in the clo'fe of all, Whereas' in my Title-Page I have there
intimated how MagnA ChArtA was mofi-fblemnly and moft wonderfully
(even to the aftonifhment of'the Spei^fators; ratified, pronounced and
proclainied, and therefore muft not hoW leave you in the dark,'' as to
that particular; but refer you'to the PAckef'vf Ad-vicefrom Rome, Num-
ber 50. (the which, in my flender apprehenfion,- deferves to be written
in Letters of Gold upon the Wails of both Houfes of Parliament) And
for your prefent (and I hope pleafant) fatisfadion I have here inferred
and prefented you wdth the fame at large? > ) -
HAving prefented the Reader with the moft reniarkable Tran factions
of Papal Tyranny in Foreign Parts down to tfte yea'r 1254, 'tis time,
to look homewards, and obferve Ecckftajlic Occurrences in England; our
laft Difcourfe of that kind terminating with the death of King Johny to '
whom fucceeded his Son Henry, the third of that name; for though by
reafbn of the FeW.y between John a.nd his Barons, they had invited over
Lewis the French King's Son,, and many had to him fworn Allegiance
yet the Father being dead, and his faults'buried with him, they did not
think fit to yield upthemfefves totlie French Man's Yoak, who already
began to exercife an infufferable Tyranny wherever he had Power: And
altnough the Pope had at firft encouraPd the Barons in their Rebellion,
yet when once he had hecloAd King John into a Refignation of his Crown,
he became his Patron, and forbad Lewis from intermedling with tlie
Kingdom, as being then (forfboth!) part of S. Peter's Patrimony, and
therefore excommunicated Lewis for the Invafion, which engag'd moft of
the Clergy to oppofehim: And fo Henry on the i%th of OBoher, 1216.
was Crown'd, being then in the \oth year of his Age; andLeirw being
routed Lincoln, was glad to come to a Treaty, quit his Pretenfions,
and moft di(honourably retreat into France. Yet'tis oblervable, that the
Clergy were then fuch faft Friends to their Head the Pope, and fo little
regardful of the Defcent in the Right Line, that they would not accept
Henry for their King, without making him firft do Homage to the Holy ^
Church of Rome, and Pope Innocent, for his Kingdoms of England and
P Ire-
[54]
ire/rfW, aild fwearing to pay the looo Md-rks per Jfinum whith his Fa-
ther had promiied to that See. ( Matth. Parisyfol. 278. )
Andbefides, to bring Grifis to the Roman Mill, the Pope's Legate at
that time in England, immediately on the Departure of Prince Lems^
lent his Inquijitor.s all over the Realm, and whomfoever they would dil-
cover to have fided with hirri, Confenfu etiam Levijjimo., Though in the leaji
degree, muft atone the Crime with a large Sum ; infomuch as the Bifhop
of Lincoln before he could be reftored to his Bifhoprick, was forc'd to
pay 1000 Marks toxEq Pope's ule, and 1000 to the Legate, (for the
little Rogue would hsLVofnips in the prey with the greBt One') and many
other Bifhops, and Religious Men, were glad to empty their Pockets to
him at the lame rate. Matth. Paris, fol. 218.
In the year 1220. the Pope was plealed to make Hugh^ formerly Bi«
fhop of Lincoln^ a Saint; and lince the manner of his Vn-JHoiinefs''s de-
daring the fame may be Divertiye to the common Englijh Reader, I
lhall give you the very wprds c(f Kis Letter (Tranflatedj as I find it in
Matth. Paris., fol. 298. ^ Honortus. Servant of the Servants of God, to all
^ our well-beloved Sons, the Faithful of Chrift, that lhall infped thele
*■ Prefents, Greeting and Apoftolick Benedidion: The worthinels of Di-
' vine Piety does make famous his Holy Oneb and Eled, placed in the
*■ Blifs of the Celeftial Kingdom, by the Ihining forth of their Miracles
* ftill upon Earth, tliat the Devotion of the Faithful beifig thereby ftir-
red up, may with due Veneration implore their Aid and SuflBrages;
^ fince therefore we are fully fatisfied, that the Bounty of Heaven hath
' illuftrated Hugh Bifhop of Lincoln^ as well in his Life, as after his Death,
* with a multitude of Famous Miracles: We have thought lit to Enroll
* him in the Catalogue of Saints, and admonifh and exhort you all in the
' Lord, That you devoutly implore his Patronage and IntercelFion for you
' with Almighty God; farther Commanding, That the day of his De-
* ceafe be henccforwards every year devoutly Celebrated as a Holyday,
*■ Dated at Vit erbium the i^th Calend of March, in the fourth year or our
' Popedom.
But how much a Saint foever he was, we meet with another Bilhop
as very a Devil; for about this time a Quarrel happening between Ru
chard, Bifhop of Durham, and xho Monks of the lame Church ; they com-
plain'd of him to the Pope, who feem'd much concern'd at his many hor-
rid Crimes, and prefently lent over a Letter in thele Terms ' Hon or i-
^ us Bilhop, &e. to the Bifhops of Salisbury, Ely, ^c. Greeting and Apo-
'■ (lolick Benedt^ion: It is fit for us to be fo delighted in the fweet Savour
* of a good opinion of our Brethren and Fellow-Labourers, as not to con-
* nive at Vices in thofe that are Peftilcnt, fince it becomes not us for the
^ Reverence of the Order to bear with Sinners, whole Guilt renders them
* as worthy of as many Deaths, as they tranfmit Examples of Perdition
* to thole that are under them, who are too apt to imitate only the De-
* pravaties of their Superiours; Hence it is, that fince things too far difi.
* Ibnant from Epifcopal Honefty, have very often becn^Fuggefted unto
' us concerning our Venerable Brother theBilliopof being mo-
* ved with luch repeated Complaints , we carmot fulfer thefaid Bifhop
* to continue in his Enormities to the iJefiiruStion of many, for we are
' inforni'd, That fince he was advanced to the Office of a Rifhop, he
[55]
^ has been guilty o£ Blood, 2^x16. Simony and Adultery, 2ind. Sacriledg£y and
* Rapine, and Perjury, [^A pretty parcel of Virtues for a Bifhop, and fome-
what different from thofe i Tim." j. ] That he hath oppreisM Clerks
* arjd Orphans, obftrufted the Teftarhents of the deceaCed ; that he ob-
* fervosnot the Statutes of the General Council, nor ever prea-
* ches the W^rd of God to the People, \fT-is a wonder that fmall fault was
* mentioned] liath often fworn before many, that the Church of Dur-
*ham{h3X{ never have Peace as long as he lives : That a Monk com-
* plaining to him, that his Servants had drawn him out of a Church,
* ancP^atliim till the Blood came : He anfwered, It had been well,
* if they had beat out his Brains, &c. We therefore, that we may
' not be guilty of the faults of others, if we fhould wink at fuch OlTen-
'ces, fince the Clamour thereof has afcended, fo that we candiffemble
* it no longer ; think it agreeable to our Office to go down and fee whe-
* ther thele things be fo or no : Therefore by thefe our Apofiolical Wri-
' tings, we Command you our Brethren to examine and enquire into the
* premiies, and report the fame to us under Seal, that we may Decree
' therein as God fhall order. Dated at Viterb. 8iC.
You fee the Pope can Carit, and pretend great Zeal to correft the Cri-
minal, but pray obferve the eiid on't; Thefe Bifhops being met to ex-
amine the Bufinefs, the Bifhop of Durham prefently Appeals to the Pope
in Perfon, and then they could proceed no farther, but away both he
and the Monks his Adverfaries muft trudge to Rome, whither he private-
ly fent beforehand two of his Clerks with a good Sum of Money, which
fo fweeten'd the Pope, that he reCeiv'd him very kindly : Et pofi mult as
coram Papa Alter cat tones, Immodiratis profufs Expenfs, &tc. And after
many Wranglings before, the Pope, and ttajl Expences, both Bifhop and
Monks were fent back (as wife and honeft as they Were) to agree together
as well as they could.
But that which was moft memorable in this Kings Reign was an Acf,
which tho' refpefling the temporal Good of the Kingdom, yet it being
Trania£fed chiefly by the Clergy, and with Ecclefajlical Ceremonies, it
may not be improper to infert it irlto this Work.
The Reader muft note, That when K. Hen. III. was become id years
bid, the Pope took upon himfelf, for a fhlall Spill,privately fent him by
Ibme corrupt Courtiers, to declare him of Age to Govern himfelf, and
therefore all Caftles were to be rendered up into the Kings hands. This
prov'd the Rock of Offence, whilft fome obey'd the Pope, and oppos'd
thofe as Rebels that put , more confidence in their Caftles, .than in the
Rings good nathre. Or rather in that of his upftart Counfellors. Hence
firft fprang a Civil Broyl, thence want of Money, then a Parliament,
wherein the Grand Charter of England''^ Liberties once more was ex-
changedforaSumof For only upon condition of renewing the
farhc, would the Eftates allow Supplies; many Promtfes the King makes,
and after thzx,Oaths; yet no performance, but pretends Wars in France, in
Scotland,and againft Infidels. But ftill his people finding them all but preten~
ces,znd ill filccefs to attend all his Enterprizes, refufeto fupply hini for the
Holy War: Then he feems penitent, and pours out new promtfes to oblcrve
Magna Charta, and Seals it with the moft folemn Execration that is to be
found in the Womb of Story,and fb pundually Recorded, as if God would
havfe
\
. , [5«]
have dl Generations to remember it as the Seal of the Covenant bet\Vecii
the King of England his people: It was done in Parliament, ty here
the Lords Temporal and Spiritual, Clergy men, Knights, 6'c. all ftan-
ding with Tape,rs in their hands burning, the King himfelf alfo handing
with a chearftil Countenance, holding nis open hand upon his Breaft ;
the Archbifhop of Canterbury proriounc'd this Curie, as it is verbatim
Recorded by 8^9.
By the Authority of God Omnipotent^ of tbe Son, and of the Hol'fGhoJl^
and of the Gl orious Mother of God the Virgin Mary, arid of the b/ejjed A~
poJllesVoCQr andV^iAy and of all other Jpojtles, and of the Holy Martyr
and Jrchbi/hop Thomas, and of all the Martyrs, and of the Blefjed Edward
Kjng of England, and of all Confelfors and Virgins^ and of all the Saint^
of God: We Excommunicate, and Anathematize^ and Sequefler from dur
our Holy Mother the Churchy all thofe which henceforth knowingly and Mali-
cioufly fhall deprive or fpoil the Church of her Right; and all thofe that ffoall
by any Art or Wit rafhly violate diminijh^ or change fecretly or openly in
Deed^ Word^ or Counci f by crojjing in part or in whole, thofe Ecclefiafiical
Libertiesy or ancient approved Cuftoms of the Kjngdomy efpecially the Liber-
ties and free Cujloms which are contained in the Charters of the Common LL
herties of England, and the Forrefs, granted by our Lord the Kjng to the
ArchbifhopSy B/fhops, PrelateSy Earlsy BaronSy KjiightSy and Freeholders.
And all thofe who have publifhedy or being publifjed have obferved any St a-
tuteSy OrdinanceSy or thing againf themy or any thing therein containedy or
which have brought in any Cuftoms to the contraryy or obferved them being
brought inyand all Writers offuch OrdinancesyOr CouncilSyOrExecutionerSyand
all fuch as fjallprefume to judge according to fuch Ordinances : All and eve-
ry fuch perfons as are, or at any time fhall bey knowingly guilty of any fuch
matterSy fhall ipfb fafto incur this Sentence; and fuch as are ignorantly guil-
tyy fhall incur the fame, if being admonifb^ dy they within 15 days after amend
not. Yor everlajling Memory whereofy we hereunto put our Seals.
Thus far the words of the Curie, nor was the manner of pronouncing
it lels dreadful; for immediately as Idon as the Charters and this Sen-
tence was read and fign'd, they then all throwing down their Tapers ex-
trnguifFd 2Lnd fmoakingy laid, So let all that go againfl this Curfe be extinci
and Hink in Hell: And the King having all the while continued in the
pofture before mentioned, laid. So God me htlpy I willobferve all thofe things
fincerely and faithfully, as I am a man, as I am a Chrijtiany as I am a Kjiight^
and as I ain a Kjng Crowned and Anointed.
Pare but away fomefew Superftitions, and learch the Hiftory of alt A-
gesy you will not find diparallel hereunto, fo ferioufly compos"*dyCB iblemn-
ly pronounced with an Amen from the Reprelentativc Body of the whole
Kingdom, put in Writing, under Seal, preftrv*d to Pofterity, and ( give
me ieave to add ) vindicated by God himfelf in the Ruine of fo many
Oppofers ; for never has any Prince, Favourite, Councellor, or corrupt
Judge, from that time to this,endeavour'd to aft contrary to the Elfenti-
als of the EFid great Charter, but firft orlaft it has crufJFd them into Ru-
ine, or great Calamity. Yet how little this King Henry regarded it, I
Ihall acquaint you in the very words of the Hiftorian--tS'o///fo Concilia Rex
Cynfejlim peffimo ufus Concilw omnia prHilda Cogitabat Infrmare, &c. The
GjrandCouncil(or Parliament) was nofooner broke up, hut'the Kjng fol-
lowing
[57]
lowing lewd andfernicious CoufiQil^ contrived how to weaken and undo it yfor
^twas told him^ 7 hat he would not be Kjng^ or at leall not Lord and Mafier
of England, if all thofe Liberties jJjould be obferv^d^ as John his Father had
experfenFdy who rather chofe to dye^than thus*to be jhackled and trampled on
by his Subjebfs,: And thefe Whifperers of the Devil ( Sufurrones Satann^
10 honeft Matth. calls them ) added Tou need not I'alue tt if you do
break your Vowf^ and tncur this- Curfe^ for the. Pope for an hundred or two of
Pounds will Abfolveyou. ''Fis well enough^ that by fgning the Confirmation
of thefe Char alters you have got a T eiith, which will *amount to many thou-
fand Marks ; and if you will but give the Pope a little portion of ity he will
Abfolve youy even though the Curfe be ratified by himfelf for he that has
Power to Bind can.Loofe. ^
Thus by the villany of ill Ministers., and the knavery of the Pope, this^
Prince was led into Deceity Perjuryy Jnjuflicey and TyrannyfXO his own con-
tinual Troubky and the unlpeakable Damage of the Realm.
And if this honeft and well intended Narrative, either in the whole
or in part, fhall be deemed necelTary and convenient at this jundure of
time, for the prelent and futiife fatisfadion eitlier of Prince or People, or
fhall contribute any thing towards a firm and folid Foundation and E-
flablifhmerit upon the true Bafis of Univerfal Love, Charity, andgood
will, among the many contefting Parties at-this day in the midft of us, (
for ftneprocul dubio we fhall never be liappy till that time be accomplifh-
ed) I have my defire. The height of whofe real ambition is, to render
my 'felf worthy of my Sbveraign LOrd the King and my Countries
acception. And having now ventured to expofe it Unto publick view, I
have in Cognito ( by my honeft and trufty poft Pidgeon) conveighed it
into the hands of a Loyal Subjed and good Citi2,en, as I am informed
(and if my Information be not true, pray let me not therefore be Libeld)
called by the mmc of hontB: Dick Janeway, for the Publication thereof.
And what though he be buffeted and baited, in every pittiful week- for t muff
ly (I had almoft laid Quotidianj Pamphlet, like an Vrfa Major & Vrja
Minory (This being the Title of a Book newly Printed, and newly come
• forth,, which I prelume doth face in oppofition to mine, and peradven- .
ture it may ferve by the way of Poll Pon^y^ as a Refponce thereunto) by
a company of liigh-flown fcurrilous Tories^ Tantiviesy and TowzerSy
who only bark where they cannot bite ; yet I fay, I do not look upon
honeft Dicky to be a worie Subjed, a worfe Citizen^ or a worie Com-
monwealths-man, for all that; for I do perfwade my felf (having ibme
finall and little acquaintance with them, although I could wifh toto cor-
de, I had left) their moft venemous and malicious tongues are no flan-
•der ( toto in toto et in quilibet parte ) and bleffed be God, that we do yet
Jive (but how long the Lord of Heaven onely knows if thefe men fhould
rule the roaft,) under fo mild limited and well tempered Government.
Wherein an honeft man and a Loyal Subjed may be PrOteded, and De-
fended from the furious and bold Attempts of thefe blood thirfty Aft
laflinates, who make it their bufineft (^journelamentfe vous ajjeure ) not
onely to Libell the prelent and beft eftablilhed Legiflative Government
this day under the Sun, (viz. by King Lords and Commcns)but alfb if by
any pro,bable or poftible means they can, by their continual charging the
, mofi
t58j
moft Loy3.l Subje£ls of His PrefeRC Majeftywitli i^epublican plots, and
iham-plots, ( Although by the overuling and good Providence of AI-
mighty God, conftantly found out and betrayed ) on purpofe to render
tiiem mofb odious to tile Government and to bring us all at laft (if they
can ) into a moft miferable ftate of horror and confulion, and from fuch
Loyal Subicdfs, Tantivj, Abhorrours, and moll Propliane and Difloluce
Debauchee:., \{kyyittnim at,^ut!i'erum. Ltbera, ms Domine^ Amen.
The COA7CLT;,}>'70
TO that moft higii and lofty proud Prelate (if thefe lines fhould
ever fall into His Unholy hands) the Fallible and Infallible Pope
of Romt in particular, and to all the reft ofhis Fanatical, Atheftical, and
Papiftical adjuncts and adherents whatlbever.
Give eaVy proud Rebels j Blood-f ckcrs drdiv neAr j
Add to this dole ful Piece your briniffj 7 ear j
10 Jee a Nation poyfoned in their Bloody
With Pride and FacHony not well undrirfooA
By our Great CHARLES .* Oh Rome, ^t is fuch as you
Would crujh our Cap tat sty and hts Kjngdcms toOy
By your accurst Cahalls; which to preventy
God fend our Kjng and his next Parliament,
So fully to agreey that fo nt length they may
Condemn you ally as Ravenous B. afis of prayy
Who worry wouldy our Sheep and Shephered tooj
If not preventedy by a viof Noble Crew,
of Foyal Subjellsy that will faithful be
fdnto the Deathy for Englijh Monarchy.
Which is fo hounded by the Supream Law
of God and naturCy which will over Awe
Tour Plots and Shamplots and your Trujly Friend
Who fain would bring our Captain to his end:
But Heavens forbid fo bafe an Act as this,
Should Per take place within this Realm of Blif,
England I meany an Earthly Paradice,
Before infected by fuch bold Dormice,
And Sons of Scarlet Whorey the which are all
Sworn Enemies to the State, and to Whitehall:
Uhlejlyou get a Kjngy who flraight rnujl pay
Homage to youy and by your Scepter fway
His f uture Legal rightSy and he rnujl Dance
After your Pipe, like Italy, Spain, and France :
And many places more ^ohen you (hall fend
Servus Servorum to yourTrufy Friend j
M'^^ho mujt your Benediction foon obfervcy
Or elfe Incur difpleafure, to deferve
Tour Thundring B ill of Excommunication when
But once Pronounc dy flraightway Allegiance then
Mult vaile their Lop Sailsyto your Bloody Flagg
Or elfe by'-th Mafsyoidl catch them by the Crag
And hang them up y as Traitors to your StatCy
Since you have fvorn to Admit of no fuch Mate, By
By holy Crofs and hy Saint Peters Chair
( Whofc Vicar generat under Chrijl you are
If lies be true ) who being his Succeffor
in faith and vertue^ Montebanck not Peter
Tou arOy who neVe could dream of fuch a doting Fool
Should er^efucceed upon his facred Bool
(^ Fo feed Chrifis Lambs, but hark, infead of that
"Tou pi your CofferSy with their Blood and fat)
When as Qhxm faidyUfon this Rock IHe build
My Holy Churchy look Pope have you fulfFd
His Sacred Wordy which was not on that BonCy
( Tou have fo oft built up your tottering Throne)
Of fuper hunc Petrum, Tou are a Lyary
^Twas fuper banc Petram, Vie build my Quire.
Of thy confeffion Peter, c^re which the Gates of Hed
ShaU ne^re prcvaily either by Pdpeor Spelf
of Magick Arty or any Devilifh Ploty
They all [hall fiinky and burn, and dky and rot.
When e're they jhall attempt my Churches weal
To underminOy Fie ring them fuch a Peal
Of thundring VolleySy that fball fraightway make
Them quake for fear y or elfe pray do not take
My Royal Word againy but fay I am Evily
And Pope and I are Partners with the Devil^
Which Heavens forbtdy that ever fuch a race
Should fpring from thenccy and after famefmall (face
Of his return againy jhould firaight proclaim
Rebells to all that draw in Charles his Wainj
And will not buckle to our devellifh pride
of Popery and Slavery, to Ropes they fhall he tidcy
Or tlfe old Smithfield fhall them devour.
To mount us up unto our flately Towery
of pride, ambitiony avarice, and bloody
Treafony rebellion, fait ion, a fweeping floud
Of LyeSy and ForgerieSy Blafpmmies and ally
''Gainf Magna Charta Laws of Heavens Whitehali«
Here fiopy thou doting foof and do not think
At thy deceits andjugling tricks Pie winck.
For ever and a dapy ItG time to work when you
Attempt topoyfon KJng and Kjngdoms toOy
By your pernicious Councels^ Witnefs of latCy
The many Loyal Prefents you anticipatCy
And will not let thofe Loyal SubjeBs fee
With their own eyes. Oh Monftrous Prodigie I
Tou are the Moles that turn to every fhapCy •
And on our Reafons would commit a Rape
And rob m of our Sencesy and pretend
For holy Church you do fo much contend.
T 0 free us from all err ours and from evil.
Although your power here is from the Devil.
[^o]
And not from Chriji^ who never gave Qommijjion-
Unto Saint Peter hy his holy Mijjion^
To feed his tender Lambsy but not to killf
This was the fubjlance of his facred will.
Which you pervert y and by your foveraign power,
Inflead of feeding, you do jlill devour
This little Flock for whom he ffent his blood, •
Althoughbyyou.it is not underflood.
But hark you Rebells, the time will jbortly come, >
Wherein you mufl receive your fatal doom.
Of, Co ye cur fed into flames offlref j. ■-
With fallen Angels, and your curfed Sire, . - *
• Which you begxt, and now for your reward, ,
Within his Arms, he flrongly will you guard', "
To him I leave you, and your bold Corrtrades
Who when on earth did a^ the MafqueradeSy ,
Tour trufly Ro^tFs makes your ways foplain^ . •
To darken GoB\erx by their nunreroui train.
Of croaking Frogs, ariflr^MiU from Hell,
To charm poor Lambs, by Heraclitus ff.ell
Of fpight and malUce, and inveterate hate,
Againfl all thofe that would preferve the .State
From ruine and deflruclion. But in this they are.
So libelled daily by thefe fhrubs of War,
Who arm themfelves with Paper, Ink, and Plume,
Thofe innocent Lambs (caRedPhzm) foKtoccnfume,
Tf poffibly they can, and wid. them flraight devour.
When once they come within their verge and power*
But flay bold Towzers, People are not blind.
And though to them you have proved ever kind.
The clean contrary way, as doth appear '
By all your Libels both in front and rear',
Tet flill they fay that of our EngUfh Nation,
Tou are the Phans, andfland in admiration
To fee how boldly you in feci the blood * - .
of Prince and People, which much like a flpud
Of lofty Billows, purpofely to drown
Our Ship, our Pilate, andour Captains Crown.
Which yet fits fafl, and frm us Laws can make, ' •
Unlefs you pay fan him on purpofe to partake.
Of Divine Venge/^nce, which is coming coming on, '
And near at hand, to pluck you from your throne.
Which Heavens accomplifb in their own good time,
Tle wait till theri, the Lords time /ball be mine.
I am, Pope and Adherents, &c
Tour humble Servant, but mofl irreconctleable Antagoniji to dip-Jerveyou,
From mv Study iyhelying to puck doom your Kingdom of darkrfihi. tf by any
An Dom 16 SI frobabk means I
Theophiltts Rationalis.
^ ' FINIS.
Naked Truth .•
Clje jfirit $art
OR, THE
\
TRUE STATE
OF THE
Primitive Church.
BY AN .
Humble Moderator.
Xach. 8. I p. Loye the Truth and Teace.
Gal. 4. 16. Jml therefore become your Enemy ^ hecaufe I tell you the Truths
■ Printed in the Year 1680.
An Humble Petition to the Right Honourable the Lords and
Commons Ajjembled in P a r l i a m e n t.
MT Lords and Noble Gentlemen, You have fully expreffed your Zeal to God and
his Church in making Laws for Unity in Faith, and Uniformity in Difcipline :
' tor, as our Saviour laid, A Kj^gdom diviikd against it J elf cannot Hand16 the fame
may certainly be faid of a Church, the realon being the lame for both : And I call
the Icarcher of all hearts, the God of Life and Death, to witnels, that I would moft
readily, yea moft joyfully lacrifice all I have in this world, my life and all, that all
Non-tonformifls were reduced to our Church. Bat it falls out moft ladly that your Laws
have not the defired efteU, our Church is more and more divided ; fuch is the per-
verfe nature of Man, Niti in Vetitum, obftinately to oppoie Authority, eftiicially
when they can pretend the colour of Religion and Conlcience ; this carries lo great
an applaule among the Vulgar ( ftill envious at Superiours) that it is, as it M'ere,
Nuts to an Ape, Iweeter to them than any other thing this world affords: for the
enjoyment of this they will endure any thing, Imprilcnment, lols of Goods, yea fome-
time of Life alio. And this is it which mainly nourilhes our Divifions, gives great ad-
vantage to the growth of Popery, and threatens the total mine of our Church. Many
who were formerly very zealous for our Church, feeing thelc our lad divifions, and
not feeing thofe of the Roman Church, nor their grofs Superftitions (which their
Priefts conceal till they have got men faft) are eafily ledaced by their pretended Unity,
and daily fall from us. This makes my heart to bleed, and my Ibul with anguiih
ready to expire, rather than live to fee that difmal day of relaple into their manifold
Idolatries. Wherefore I humbled my foul before God in Fafting and Prayer, begging
daily the alliftance of his holy Spirit, to direU me to fome healing Salve for thele.
Our bleeding Wounds : and therefore I have fome reafon to believe, chat what is con-
tamed in thefe follo wing Papers comes from the great goodnels of God, who never
fails thole who feek him in humility and fincerity, both which I am confident I liave
doi.e ; and this I am fare of, that no Worldly defigns have moved me to this, but
have often tempted me to give it over ; I am alfo fore, that there is nothing contain-
ed dierein, which is contrary to the known Laws of the Land : in this only I confels
i have tranfgrelfed, in putting it forth without licence ; and for this I beg of God
and ybu, as Naaman did of Elifba, In this thing the Lord and you gardon your Servant;
and i hope you will lay unto me as Eli/ba did unto Naaman, Go in peace ; and I far-
ther hope this lhall not caftfuch a prejudice upon it, as to make you caftitby, or
read it with difguft. I do not expebl you fhould approve any thing upon the ac-
count of my leeking God in this, but upon my Reafons alledged ; nor do I expect that
upon my Reafons you ihould approve all: yet I beleech you lerioufly confider all,
and God of his infinite goodnels direct you to that which mav make for the Unity
of our Church, by yielding to weak ones (if not wilful Ones alfod as far as your
Reafon and Confoience will permit: fore you cannot 16 loath all Condefoenfion, as
not to loath more and deteft Papal confufion, which certainly comes on apace by our
divifion ; and of two evils, both Reafon and Religion require us to choofo the lels;
now doubtlefs you cannot think condefoenfion (if evil ac all, fofe not ) 16 evil as
Papal Idolatry ; and that Papiftry is Idolatry, is 16 clearly proved by our Learned
Dr. Stilling fleet, as it were loft labour to lay more of it. Condefoenfion may foem in
fome relpedfts imprudent, but whether in this conjuncture of affairs imprudent, I
beleech you again confider well. The Wifoftmen have changed their Counfolsand
Refolves upon focond thoughts, much more upon Experience, and approaching evils
not at firft difoovered. It is a common thing with Princes when they find their
main Enemies power encreafo much, to make peace with Idler Enemies, on Con-
ditions never before to be endured ; Self-preforvation being the prime principle in all
Creatures rational and irrational, Ipringing from Nature it lelf, it fhould in Nature and
Reafon over-ballance any other confideration ; and whatever is done to this end, if not
finfully done, muft needs be wifely done. I moft humbly beleech the All-wifo God,
and fole giver of Wifdom, to pour down his Holy and Wile Spirit upon you. Amen.
a 2 to
To the READER.
CHriftian Reader, fo I term you, hofittg you have in fame meafure the Spirit of Chrifl, and
defire it more, the fpirit of meeknefs, humility, charity, not to cenfure my errors, and cn-
vetgh aaainfi them, hut to pity and endeavour to rtftife them, if you fnd any ; and I
cffureyou in the word of a Chrtflian, I Jhad he far more ready to recant, than to vent an error : If
you he not thus Chrtfiianly difpofcd, J earnefily hefeech you read no further, for I am fur e you will
be difpleas'd with it: a?:d can you think^it wtfdom to run your felf into difplsafure ? enjoy your
prefent ejuiet, and let me refi. But tf you he fo Chriflianly difpofed as I mentioned, then I as ear-
nejlly heg of you to proceed, to dtfcover my errors and amend them. But perchance you will ask_
who I am, wb) did I not tell you, hy putting my name to this Pamphlet ? J will ingenuoufiy conf.fs
the caufe. I am a weak^ man, of great Pajfions, not able to hear Commendations or Reproach j
my [mall ability puts me out of danger of the firfi, hut in great fear of the latteri Why then
was I fo fonrard to puhltfh my weaknef ? To have it cured j yet truly I have not been very for-
ward, for it is now above two years fince I had thefe thoughts, in which time I have read and con-
ferred all I could to difcover if I were in an error, hut for all I yet could meet with, do net find
it fo, hut hope all I fay is truth, and that it may he ufeful to the Publicly, in this prefent con-
junilure of affairs. Therefore I proceed, and in the next place mofl humbly hefeech. all that read
this, to lay afide all bias of Interefi or Education ; both are very great, I am fure I found it fo
very long before I could mafier them, and that of Education mofi difficult; were it not fo, there
could not he that difference of Opinion in Chriftian Religion, all allowing the Bible for the Rule of
Faith, the Pap,fis themfelves do not re jell it, hut add to it the Authority of the Church. 1 ve-
rily believe there are thouiands of Papifts, Lutherans, Calvinifts, both Learned and Religious, who
would lay down their lives for the truth they profejs, and yet are divided in Opinion mer ly by
Education, having in their youth fo imprinted their own Opmicns in their mind, as you may focner
feparate their Body than their Opinion from their Soul. Ihay, I have heard that among the
there are many wife and moderate perfons that are as zxaleus to maintwn their ridiculous Alco-
ran as we our Bible; which cannot proceed from any thing but thefirong bias of Ed.icaticn, which
fo wheels about and intoxicates their brain. And to fdy fomewhat more particular of our own
Nation here, Thofe that have been educated in that way as to fit at the Communion, and Bap-
tiz.e their Children without the Crofs, had rather omit thefe Sacraments than ufe Kneeling or the
Crofs j and thofe that have been educated in kneeling and crojfing, though they acknowledge they are
meer Ceremonies indifferent, yet had rather omit the Sacraments, than omit the Ceremonies, jufi as
if a man had rather fiarve than eat Bread baked in a Pan, becaufe he hath ufed Bread baked
in an Oven. So that Religion in many is really but their humour, fancy paffeth for rcafon, and
cuflom is more prevalent than any argument. This is the thing which makes me fear I (hall
meet with very few that will calmly and indifferently confider what I write, but will prefcntly
ftartle at it as new and 'crofs to their Genius, or to their Interefi, or their Reputation,
which they value above all, I mean the efteem and kindnefs of their befi Friends and Acqu.tin-
tance, whofe taunts and reproach they cannot bear; but I humbly befeech them to paufe a
while, and lay it by .till the paffion be over, 'till they have mafiered all thefe difficulties. I befeech
them to fet before their eyes the beauty, the honour, the fiedfajinefs of Truth, the comfort, the de-
light, the everlafting felicity of a clear and relhfied Confidence ; then refume it and confid.er again.
But they cry Pijh, tis not worth it, "'tis a ridiculous toy, and favours fomething of the Secla-
rian: I grant there are fame things among the Sellarians I approve of, I will not rejecl and con-
demn any truth uttered, or any good allitn performed though faid and done by the Devil. I con-
fider the things, and if good, embrace them, whoever utters them, though I detefi his errors in other
things ; Tou will fay the fame j Then I befeech you do the fame ; confider what I fay fimply in it
felf, whether the Papifis or Anabaptifis fay the fame, it matters not; / hope you will not reject
Chrifl becaufe they bothprofefi him. But if after all your ferious, patient, unbias'*d confiderati on,
you find it an erroneous contemptible Pamphlet, yet contemn not the perfon that wrote it in the fin-
cerity of his heart, left you receive the fame meafure again from Chrifl, who hath affured us, that
fiiall he his Rule, to mete unto us the like. Chrifl died for the Salvation of my poor Soul as well
as yours, contemn it not therefpre, but endeavour to relhfie itif God hath given you more know-
ledge and wifdom than me, be not high-minded but fear, and let him that rtands take heed
lell he fall. Thus I pray for you, do you the like for me, and however we differ in Opinion,
let US accord in Charity, and in Chrifl Jefus the Redeemer of us all. Amen.
Concmimz
o
(I)
73
0:>
6'i ui
£)J-.
I
Oc
$
■ji cff) Ml
7?9
Concerning Articles of Faith.
^Hat which we commonly call the Apoftles Creed, if it were not Compofed by
>Ui them, yet certainly by Primitive and Apoftolick Men, and propo'bd as the Summe
^ of Chriftian Faith, the Summe total neceffary to Salvation ; It can't be lupnoled
they left out any thing which they thought neceffary to Salvation, they might as
well have omitted half or all: as one Commandment broken is the fame in effetft
with all, fo one necelFary Principle of Faith denied. Cancels all, and fhuts out
from Heaven. When Ilpeak of believing the Apoftles Creed, I do not mean,
that we believe all there contained with a Divine Faith becaufe it is there contained, for we have no
afturance that the Apoftles Compofed that Creed j but we are fure all that is in that Creed is evident
in Scripture to any common underftanding; therefore we believe all with a Divine Faith. But I men-
tion this Creed only, to fhew that the Primitive Church received this as the liim total of Faith ne-
ceftary to Salvation j why not now ? Is the ftate of Salvation altered ? If it becompleat, what needs
any other Article ? You would have men improve in Faith, fo would I, but rather imenfive than ex-
tenftve^ to confirm it rather than enlarge it: One found grain of muftard-leed is better thanabufhel
of unibund chaffie ftuff. Tis good to know all Gofpel-Truths, and to believe them, no doubt of
that ^ but the Queftion is not what is good, but what is neceffary. I pray remember the Treafurer
to Candace^ Queen of Ethiopia, whom Philip Inftrufled in the Faith; his time of Catechifing was very
fhort, and foon proceeded to Baptifm. But PM//? fir ft required a Confelfion of his Faith, and the
Eunuch made it, and I beleech yon Obferve itj I believe that Jefus Chri^ is the Son of God: and
ftraitway he was Baptized. How ? no more than this ? No more ; this little grain of Faith being
found, believed with all his heart, purchafed the Kingdom of Heaven ; Had he believed the whole
Gofpel with half his heart, it had been of lefs value in the fight of God ; 'tis not the Quantity, but
the Quality of our Faith God requircth. But fure the Eunuch was more fully Inftrudfed ; it ma^
be you are fure of it, but I could never yet meet with any affurance of it, nor any great probability
of it; I am fiire he law Phihp no m.ore, and I am fure Philip required no more, but baptized him on
this, and had the Eunuch departed this Life in the fame inftant that Philip parted from him,I believe
I have better affurance that this faith would have faved the Eunuch, than any Man hath that he ever
was taught more : See i j ohn 4.2. Every fpirit that confejfeth that Jefiis Chrifl is come in the Fleflt^ is
of God: but the more the better ihiil i grant, though no more neceffary. Haff thou more Faith, have
it to thy felf before God, happy is he who condcmmth not himfelf in the thin- which he alloweth j happy
is he who is thankful to God for having received much, and defpiferh not him that hath received
little: God difpenieth his gifts and graces according to his free Will and Pleafure, nor doth he re-
quire more of any Man than according to the proportion he hath given, no more fhould we.
Nothing hath caufed more milchief in the Church ^han the eftablifhing new and many Articles of
Faith, and requiting all to affent unto them. I am willing to believe that zealous men endeavoured
this with pious intentions to promote that which they conceived Truth ; but by impofing it on the
diffenters, caufed furious Warrs, and lamentable Blood-fhed among Chriftians, Brother Fighting
againft Brother, and Murthering each other. Can there be any thing more irrational than toendea-
vour to promote the truth of the Goipel contrary to the Laws of the Gofpel ? to break an evident
Commandment to eftablifh a doubtful Truth ? I fay, doubtful to him on whom it is impofed, though
feeming clear to him that impofes it. If it were fully exprefs'd in Scripture-words, there would
need no new Expreffion, no new Article j if it be not fully expreft in Scripture, but deduc'd from
Scripture Expreffions, then what one Man thinks clearly deduc'd, another may thiiik not fo ; I mean,
not another ignorant and weak, but as learned, and as able. What more common than in Divinity
and Philofophy Schools ? One cryes, this is a clear Demonftration; another cryes, no fuch mat-
ter, but flatly denies it. Mens underftandings are as various as their Speech or their Countenance,
otherwife it were impoffible there fhould be fo many underftanding and moderate, yea, and confci-
entious Men alio, Papifis^ Lutherans^ Calvinifts^ all in fuch Oppofition one againft another, all be-
lieving-Scripture,, yet fo differing in the dedutflions from Scripture. Truly 1 think him very de-
fedive in Charity, however he abound in Faith, who thinks all ox Lutherans^ ox Calvinifis
malicioufly or wilfully blind.
As for my part, I think nothing can be more clearly deduc'd from Scipture; nothing "more fully
exprefs'd in Scripture, nothing more fuitableto Natural Reafon, than that no Man fhould be forc'd
to believe, for no Man can be forc'd to believe j you may force a Man to fay this or that, bur not
to believe it. Firft, as to Reafon : If yoii bring a man an evident Demonftration, and he hath a
Brain to underftand your Demonftration, he can't but affent to it. If you hold a clear Printed
Book with a clear Candle to a Man of clear Eyes and able to Read,he will certainly Read •, bur if the
Print be not clear, or the Candle or his Sight not clear, or he not Learned to Read, can your force
B make
' (2)
make him read ? And juft fo it is with our underftanding, which is the eye of our Soul, and a demon-
ftration being as a Candle to give Light ;.if then your demonftration or dedudion, or his underftand-
ing be not clear, or he not learned, you may with a club dafh out his brains, but never clear them.
He then that believes the Scripture, can't but believe what you clearly demonftrate from Scripture,
if he hath clear brains \ if he hath not, your force may puzle and pudle his brains more by the paffion
of anger and hatred, make him abhor you and your arguments, but never lovingly embrace you
or them : and thus you may hazard his Soul by hatred, and your own Soul alfo by provoking him
to it, but nev^r lave his Soul by a true Belief. But perchance you will conclude, he doth not
believe the Scripture, becaufe he doth not believe your arguments from Scripture ^ ( a ftrange
conclufion ) but what then? would you, can you force him to believe the Scripture ? can you drive
faith like a nail into his head or heart with a hammer ?• nay, 'tis not in a mans own power to make
himlelf believe any thing farther .than his reafon (hews him, much lefs divine things ^ this is the pe-
culiarwork of Grace; and if Faith be the gift of God, your Argument cannot give it, nor your
Hammer force it; Arguments may be good Inducements, and if right, will prevail with thole to
believe whom God hath ordained to Eternal Life, but no other ; Preaching the Word is the means
God himlelf hath appointed, but as for force, I can't find in the Goipel either commandment or
countenance given for it. If the Scripture command to fpeak the truth in love, to inftrudl: our Bro-
ther in the fpirit of meeknefs, if we are to pray .and befeech him to receive the grace of God, can any
thing be more contrary to Scripture Rule, than force and violence ? to what purpofe then is force,
fince it cannot make him believe the Golpel ? and if he doth believe the Goipel, he will, I am fure,
he cannot chufe but believe what you clearly fiiew him is contained there (fuppofing his brain to be
clear ) ; and I am alio fure, if he believe what is clearly contained, he need not believe any thing elie.
The Scripture is our Rule of Faith compleat and full, the Scripture it fell tells us lb, John 20.3 i,
Thefe things are written that you might bclievey and believing ye might have lif ?; and our Saviour tells
us. That in them we have Eternal Life^ John 3^. andthe idj'im. 3.1^. St. Paul tells as, The
Scriptures are able to make us wife unto falvation through faith which is in Chrifi Jefus; all Scripture is
given by infpiration of Cod, and is profitable for doBrine, for reproof, for correftion, for InfriiSlion in
right eoufnefs^ that the man of God may be perfeB., throi^hlyfurnifijed unto all good works. And I befeech
all men further toconOder what is laid, Deut. 12.32. Thou fitah not add thereto nor diminijhfrom
it; and likewife how they will avoid the Curfe in the laft of the Revelations, if they add to the words
there written ; and fdrely 'tis the fame Crime to add to any other Book of Scripture. If it beanfwer-
ed. They do not require us to believe it to be Scripture. I reply. They require men to believe it as
•Scripture, with Divine Faith, which is as bad, they make their own words equal with Gods word;
or if they fay, they require not Divine Faith, then I am fure it is no matter of Salvation whether I be-
Have it or no, humane Faith cannotTave. Thus you lee how impertinent, how irrational, howim-
pious it is, to require a man to believe any thing more than is clearly contained in Scripture ; and if
it be clearly contained there, he that believes Scripture and fees it clearly contained there, can't but
believe it; if he do not fee it clearly contained there, you can't force either his fight or his Faith.
Your force may make him blinder, but never lee clearer; may make him an Hypocrite, no true
Convert.
Again, I defire all men foberly to confider : Are not the prime and moft necelTary Principles of
Faith, the Trinity, three Perfons and one God, the Incarnation of Jefus Chrill, the lame perlbn to
be God and Man, the Refurreflion of the Dead, that we (hall rife with the fame Body, when one
body may be eaten and converted into feveral bodies, and fuch like: Are they not things far above
the highell real'on and lharpeft underftanding that ever had Man; yet we believe them,becaufe God
(who cannot lye) hath declared them ? is it not then a llrange thing for any man to take upon him to
declare one tittle more of them then God hath declared,leeing we llnderftand not what is declared;
I mean we have no comprehenfive knowledge of the matter declared, but only a believing know-
ledge, our Faith not our Reafon reaches it: the Apoftles by the Scriptures teach us this, not the
Schools by Syllogifmes. If then our Reafon underflands not what is declared. How can we by Rea-
fon make any dedudlion by way of Argument from that which we underftand not ? As for Example.
Some hold, "That the Holy Ghoft proceeds from the Father and the Son; fome, that he proceeds
from the Father by the Son. I pray Doth any man underftand how the Holy Ghoft proceeds from
the Father, from the Son, or by the Son ? no certainly, how then can he affirm or believe a tittle
more of the Holy Ghoft than the Holy Ghoft hath declared ? Seeing, as I laid, He underltands not
at all what is declared. Dilcourle mutt be of things intelligible, though Faith believes things not in-
telligible. Can any man prove, that Rotation and Circulation are all one, who underftands not what
rotation or circulation is? the like may be laid ofProceflion or Miffionofthe Holy Ghoft. The
Scripture plainly tells. That the Holy Ghoft proceeds from the Father, and that he isfentbythe
Father, that he is lent alio by the Son, but whether he proceeds from the Son or by the Son, the Sdi-
lure is filent, and I am therefore ignorant, having no knowledge at all of any Divine Myfteries
ut from the Scriptures. I grant. That by rational deduflions and humane way of argumentino 'tis
probable, that the Holy Ghoi'r proceeds from the Son as from the Father ; but if in Divine matters we
once give way to humane dedutftions, a cunning Sophifter may loon lead a weak Difputant into many
Errours. By hymane deduftions you may infer,that the Son is inferiour to the ^'ather as begotten by
him, the Holy Ghoft inferiour to both, being lent by both; with us the lefs is fent by the greater;
by humane dediuflion from three diftintft: perfons you may prove three diftincft: fubftances; I hope
you will make no fuch Inferences in the Divine Perlbns. Again, What a bufinefs have the School-
Men
. c?)
Men made about thefe words of our Saviour; This is Aly Body: with their pradicatum, and ftdje-
Rim, and copula^ and individuHtn vagum^ in the pronoun This. Innumerable are their intricate:
Impertinences in this matter, and in their conclufions; The Papifts hold Chrift to be prelent in the
Sacrament Tranfubftamiahter-pthe Lmherans Confubfiantialiter'.) the Caivinifls Sacramentalitcr'^ and yet
all confefs they utiderftand none of thefe wayes ; as St. faith, Dejiring to be Teachers they un~
derftatjd not what they fay^ neither whereof they affirm., I Tim. 1.7. Had the Scripture affirmed any
of thefe wayes, we ought to have fubmitted our Reafon in things above Reafon though we under-
Rand them not, and 'tis reafonable lb to do j but to go about to prove by reafon what is above
reafon, is wonderful ^ and to di'courfeof what we underftand not, is doubtlefs a fpice of madnefs,
and the conclufions we draw from fuch difcourfes, nmft needs be very dangerous, we following
the ignem fatHum^ the uncertain light of Humane teafon in Divine matters, fo totally beyond our
reach : Wherefore we have no other lafe way to Ipeak of Divine matters but in Scripture Language,
ipfijfimis verbis^ with the very fame words, according to that, 2 Tim. i. 13. Hold fafi the form
of found words which thou haft- heard of me in Faith; Mark, Hold fajb not only the matter of Faith,
but the form of found words.fne^e are fafe; humane words in divine and high Myfteries are dangerous 5
Man can no more let them forth in humane words, than exprefs the Divine fubftanee by humane
painting, 'tis the fole work of the Holy Ghoft who is alio Divine.
There hath not been a greater plague to Chriftian Religion than School-Divinity, where men
take- upon them the liberty to propofe new Queftiohs, make nice diftintffions and ra(b conclufions
of Divine matters, toffing them up and down with their Tongues like Tennis Balls ; and from hence
proceed all the dangerous Herefies, and cruel bickerings about them, falling from words to blows.
The firft Divinity School we read of, was let up sx Alexandriahy Pantanus^ and from thence foon
afier fprang forth that damnable Herefie of the Arrians^ which over-ran all Chriftendom, and
was the caufe of deftruftion to many Millions of Chrifians both Body and Soul. The Herelics be-
fore this were fo grofs and fenfual, that none took them up but diflblute or frantick people, and
loon vannifh't; but after this School fubtile way of arguing was brought into Chriftianity, Herefie
grew more refined,and fo fubtile,that the plain and Pious Fathers of the Church knew not how to lay
hold of it and repreis it, the School diftintflions and evafions quite baffled them : and thele Sophifters,
proud of their conqueft, triumphed and carryed away a fpecious appearance of Truth as well as Learns
ing, ( or rather cunning ) infomuch that many godly perfons were alio deluded and fell in unto
them, and many of their Herefies continue unto this day. This great bane of the Church took it's rife
from hence 3 Many of the primitive Dodfors and Fathers being converted from Heathenifm, and
having by long and great Induftry acquired much knowledge in natural Philofophy, Antiquity, Hi"'
ftory, and fubtil Logick or Sophiftry, were very unwilling to abandon quite thefe their long ftudied
and dearly beloved Sciences, ( falfly I'o called ) and therefore tranfiated them into Chriftianity, ,ap-
plying their School terms, diftinclions, Syllogifmes, &c. to Divine matters; intending per-
chance, through indifcreet zeal, to illuftrate and imbellilh Chriftian knowledge with fuch artificial
forms and figures, but rather defaced and fpoyled it; which the wifdomof St. PWwell forefaw,
and therefore forewarned us of it; CoLz. 8. Beware left any man fpoyl you through Philofophy and
vain deceit., after the tradition of men, after the Rudiments of the World, and not after Chrifi. I
humbly conceive it had been far better for them, and all C'nriftendom, had they determined with
St. Paul, To kpow nothing but Chrifi and him Crucified •, and not to intermingle mans Wildom and
excellency of fpeech with Divine Knowledge and Scripture Dodtrine, which is to be taught by the
demonflration of the Spirit and of power, as is fet forth i Cor. 2. not with Logical Syllogiims and So-
phiftical Enthymems ; for as the wifdom of God was fooliftinefs to the Greeks and Gentiles, fo the
wildom of the Greeks and Gentiles was foolilhnefs to God, and deftrudlion to his Church ; who by
the fooliftinefs of preaching had overcome all their wifdom, and captivated their underftandings in
obedience to the Faith. But when the Chriftian Dodfors left this plain andfimpleway of preaching,and
fell to cunning dilputing, introducing new forms of fpeech and nice expreflions of their own coyning,
iome approving,fome oppofing them,great Difcords,Warrs and Confufions foon followed. Had that
moft Prudent and moft Pious Confiantine, the firft: and bell of Chriftian Emperours, had he purfued
his own intentions to fupprefs all dilputes and all new queftionsof God the Son, both Homooufian and
Homoioufionysnd. commanded all to acquiefce in the very Scripture expreffions without any addition, I
am confident the Arrian Herefie had loon expired ; but by continual dilputation the heat of Paflion
was raifed, and the matter purlued with far more violence, which at length grew into rancour and
malice irreconcileable : For fome Godly Bifhops ( I humbly conceive more zealous than dilcreet )
■Would not reft: fatisfied unlefs the Arrians were forced either to lubfcribe to the new word Homooufi-
an, or to quit their Livings ; and this caufed that great Perfecution againft the Orthodox, where
the Arrians prevailed; whereas by filence impofed on all parties, the malice, rancour, perlecuti-
on, warr, all had been prevented, and the Truth fpoken in love, would at length moft probably have
prevailed : For,was not the Gofpel at firft planted this way ? preaching, and praying men to receive
it ? by this way of weaknefs it prevailed ; for the weakjhings of God are fironger than men. But when
men will be wiier than God, and in their foolifh W ifdom think it fit to adde their ftrength to Gods
weaknels, as a fpeedier and furer way to eftablifh the Truth, God to convince them of their folly,
fuffers that ftrong man the Enemy of the Gofpel ( whom none but his Almighty Arm can bind and
mafter ) to come and fow his tares of divifioa which foon over-runs the good feed of the Church,
and brings all to confufion.
But
(4)
But what then ? would I have all heretical Opinions broach'd and ipread abroad without any con-
troul ? Are not Princes and Magiftrates to be Nurfing Fathers unto the Church ? muft they not adde
the Power of the Sword to that of the Word ? Not hold the Sword invain^ hut for the fHnifimeKt of
evil Doers,All this I grant, and defire as much as any man, that both Prince and Paftor
would hold faft the Faith once delivered to the Saints, fully declared and contained in Scripture •, let
them fuffer no new Docflrine to be fet on Foot, certainly iuperfluous, (the Scripture being alfuHi-
cient) and probably dangerous, as being of Man, and not of God, who having given us com-
pleat Rule of Faith and Life, by his Prophets, Apoftles, a^id his only Son, we have no '■eaibn
to believe any New Doflrine proceeds from him 5 therefore St. Paid isivery bold, and tryeth
out, Jf an u4njrel from Heaven Preach unto yoH any other Gojpel than is already Preached, let him
be accurfed. The Magiftrate then is to countenance and poted the Paftor Preaching the Gofpel
ofGhrift, tofilence, oppole, punifh all that Preach any thing contrary, or not clearly contained in
the Goipel. Herefies never at firft appear in their own natural fhape, but dilguifed with fpecious pre-
tences drawn from fome oblcure places of Scripture, capable of various Interpretations, and thus
' having gotten footing, by degrees they lay afide their Difguifes, and march on bare-fac'd. There-
fore both Paftor and Magiftrate ought to be very watchfull, and oppofe all beginnings ever fo fpe-
cious, as dangerous, or at leaft fuperfluons, as I laid. Let the Paftors at firft endeavour by plain
and found Dodrine to ftop the mouths of Gainlayers but if thefe turbulent fpirits will not be ftopt,
neither by Admonitions nor Entreaties, then let the Paftors proceed to the Power of the Keyes;
which, were it ufed with that Gravity and Severity as it was in the Primitive times, would have
great eflTetft ; that is, were it ufed in a folemn Aflembly, by the Reverend Bithop and his Clergy,
( not by Lay-Chancellours and their Surrogates ) and the perlbn Excommunicated and fhut out of the
Church, were likewife excluded from all Converfation and Commerce, every one fhunning his com-
pany as a perfon infedled with the Plague, (lb it was of Old, and lb rt ought to be now, and fo it
would be now, if men made any Conlcience of their wayes ) this lam confident would reduce many
a one: But if after this any perlevere in their perverleneis, then the Magiftrate may doubtlefs by his
Power ufed with Chriftian moderation, endeavour to ftop the fpreading of the Contagion, and do
• what in wifdom he thinks meet to preferve the purity and peace of Church and Stare, urging againft
them that Scripture, Haft thoa Faith, have it to thy felf before God, Rom. 22. Or that, Give none
cjfence neither to the Jew nor to the Gentile, nor to the Church of God, i Cor. 10.32. -Or that y.
12.7 would they were even cut off" that trouble you. St. Paul was not here in jeft, but in great earneft, as'
appears by his continued fervency all along this Fpiftle ; and doubtlefs he means not here a cutting
■" off from tne Church by way of Excommunication, for that was in his Power to do j why then fhould
he wifti it ? nay, they had cut theml'elves off from the Church before; certainly then he means a
cutting off by the Civil Power, which then was Heathen, and therefore St. would not'have it
made ufe of by Chriftians; for he would not allow them to appeal to unbelieving Magiftrates, no not
in Civil things, i Cor. 6. much lefs in Spiritual things. Wherefore when St. Paul wifhes they were
cut off, he wilhes there were a fitting Power, that is, a Chriftian Magiftrate to punifh or banifh thofe
that trouble the Church of Chrift with Dotflrines apparently contrary to the clear Text,and fuch as are
deftrudlive to Chriftianity ; I dare go no farther. But as for thofe who keep their erroneous Opini-
ons to themfelves, whoneitherpublifh nor praflile.any thing to the difturbance of the Church or
State, but onely refufe to conform to the Churches eftablifhed Dodlrine or Difcipline, pardon me
if I fay, that really I cannot find any warrant, or fo much as any hint from the Gofpel, to ufe any
Force to compel) them: and from Reafbn fure there is no Motive to ufe Force 3 becaufe, ( as I fhew-
ed before) Force can't make a man believe your Dotfbine, butonely as an Hypocrite, Profefs
what he believes not.
I know full well there is a common Objection againft this, taken from St. Aufiin, who was long
of my Opinion, but feems to be altered on this occafion. Some Hereticks, Donatifls, came to him
in his latter dayes, and gave thanks, that the Civil Power was made ufe of to reftrain thern ; con-
feffing, that was the Means which brought them to confider more calmly their own former extra-
vagant Opinions, and fo brought them home to the true Church. This Objecftion is eafily anfwered.
Firft, the are well known to have been a Sedf, not only erroneous in Judgment, but very
turbulent in Behaviour, alwayes in feditioas pratftices and in that cafe I fhew'd before how the Ci-
vil Magiftrate may proceed to Punifhment; but our cafe is not in repreffmg leditious Pradfices, but
Enforcing a Confeffion of Faith, quire of another nature. Then fecondly, to anfwer more particu-
larly this ftory, I fuppofe there is no man fuch a ftranger to the world, as to be ignorant that there
are Flypocrites in it; and I'uch ( for ought we know ) thele leeming converted Dovatijh might be,
who for love of this World more than for love of the Truth, forlbok their heretical Pfofeffion,
though not their Opinion who confcious to themfelves of their own diflimulation, and defirous to
get favour with St. a Perfon of great Veneration and Authority with all, related unto him
this fpecious Story, which St. Auftin's great Charity was apt to believe, "as St. Paul faith, believeth
all thiny^s j and from hence concludeth,that it might be lawfull to ufe the Power of the Civil Sword to
reduce Hereticks to the Church. But unlefs it can be evidenced that theie Donattji-s Hearts were
changed' as wefl as their Profeffion, ( a thing impoffible to prove ) all this proves nothing. Third-
ly. Put the Cafe their Hearts were really changed as to matter of Belief, 'tis evident their Hearts
were very worldly ftill, groveling on the Earth, 'not one ftep nearer Heaven j our Saviour
faith, An evil Tree cant briny forth good Fruit, and Yuretheir Heart was evil, which was far
more moved for the quiet enjoyment of this Worlds good, thatr for the blefled enjoyment of
Chrift.
(5) , ;
GhHft. Fourthly, Though we farther grant, that the pruning of the Magiftfates Sword did.
really corredt the vitioulhefs of the Tree, and made it bring forth fome good Fruit, yetfhall
we do evil^ that good may come of it ? God forbid^ faith Sr. Paul. Put the cale APalchtu had
been converted by St. Peters cutting off his Ear, this would not have excufed St, Peters acft,
which our Saviour fo fharply reproved and threatn^d with perifhing by the Sword, and gave
him the reafon why he ought not to ulb the Sword in his caufe; Thtnkefl thoa that I cannot
yray unto my Father^ and he will prefently give me more than twelve legions of Angels ? Canlt
thou do any thing more prejudicial to the honour of my God-head, than- to think I want
the help of Man to defend me ? And according to this may our Saviour fay ; Thinkeft thou that
I cannot pray unto my Father, and he fhall give me more than twelve millions of Souls to wor-
fhip my Name? or canft thou do any thing to ecliple more the power and glory of the Go-
fpel, which 1 have ordained to be fet up by weaknefs and foolifhnefs of Preaching, and there-'
by to fubdue both the wifdom of the Greeks^ and the power of the Gentiles; As 1 my lelf
have conquered all Enemies by preaching and fuffering, lo muft myDifciples tread in my,
fteps. And jufl fo we find that the Gofpel was moft miraculoufly advanced over all the
World by preaching and luffering for it; not by compelling others to it. 'Tis evident that
upon preaching of the Gofpel, as many as were ordained by God to Eternal Life, believed : and
furely thofe who are not ordained by God to Eternal Life, can never be brought thither by
the Ordinance or power of Man: wherefore when the Minifters have preached and prayed,
they have performed all they can do, the relt muft be left to the Juftice or Mercy of
God, who hath mercy on whom he will have mercy^ and whom he will he hardeneth ; fo, that the
fharpeft Sword in this world fhall enter their hard heart more than an Adamant.
All this I lay in reference to compelling Men to believe or conform, ftill referving to the Ma-
giftrate power, according to Scripture, 7^o ^mijh evd doers^ (not evil believers,) not who think,
but do publilh or do praftife fomething to iubvert the Fundamentals of Religion, ordifturb the
Peace of the 5tate, or injure their Neighbour-. God, the only learcher of hearts, referves unto
himfelf the punifhment of evil thoughts, of evil belief, which Man can never have a right cog-
nizance of, for the greateft Profelfor may be the greateft Atheifi. But if the Magiftrate lhall con-
ceive he hath fulficient warrant to punilh alio evil believers, and fhall proceed to execution, or
on that pretence fhall punifh true believers ^ the Scripture is moft clear, that the Subjebd is bound
to fubmit and bear it with all Ghriftian patience, to the lo's of Goods, Liberty, or Life ; not on-
ly patiently to bear it, but rejoyce init j and I am fure if he hath any true Religion, and right
underftanding in him, he will rejoyce on his own behalf, becaufe his re-rr-ari is exceeding great:
Therefore, whoever under pretence of Religion raiies any Tumult, or takes up Arms againft the
Magiftrate to preferve himlelf from perlecution,abfoIuiely declares him'elf,either a ftark Fool,or a
ftark Atheifi; either he believes there is no fuch reward, or is mad to rejed the opportunity of
gaining it; and fo at the beft is fit for Bedlam.g>Lt the worft for the Gallowes j now let him choofe.
An Appendix to the former Snhjeid.
BEfore I leave this matter of Impofing new Articles of Faith, I defire to fpeak a word or two
concerning the Authority of Councels and Fathers in relation to it.
When the Superftitions and the Abufes of the Popijh Church, efpecially in the matter of Indul-
gences grew fo very grofs, as not longer to be endured, Luther., MelanClhon., Oecolompadms.,
Eucer., and divers others oppoled them ; and coming to difpute with their Adverfaries about thefe
things, the Dodors having no Scripture for their Errors, quoted feveral Fathers and Conn-
oils, to give countenance unto them. 'WiQ Evangelical DoBors i^fo called, becaufethey chief-
ly urged Evangeliam., the Gofpel for the defence of their Dodrine ) were moft of them bred up
from their Infancy in the Popfi Church, and therein taught even to adore all Councils and Fathers,
and ( education being of great force to command and awe both the Wills and Judgments of Men )
made them very fhie and timorous to rejed that Authority, which they had long reverenced ; in
modefty therefore i'ome oi the Evangelical DoBors were content to admit the authority of Fathers
and Councils for three or four of the firft Centuries; fome admitted five or fix, whereby they
were reduced fometimes to great {freights in their Difputations : for though neither all nor half
the Popijh Errors can be found in the Councils and Fathers of thefe Centuries, yet fome of them
were crept very early into the Church. This Superftition of the Cro/jr and were in ufe
in the fecond Century : The Milenary Error got footing about that time ; the neceffity .of In-
fants receiving the Bleffed Sacrament of the Lords Supper came in loon after : About the fourth
Century there was fome touches in Oratory Sermons by way pf Rhetorical Ejaculations like
praying to Saints, but long after came to be formally uled as now in Churches ; and fo Super-
ftitions came in fome at one time, and fome at another. The themielves do not receive
all thefe Errors, but reject fome, as that of the Millenaries., and the necelfity of Infants
receiving the Lords Supper. Now I ask firft the Vapifis., by what rule they retain Ibme of
thefe things, and rejed others ? Secondly, I ask the Evangelical, by what rule they fubmit to
the authority of fome -Centuries, and refufe others ? Both will anfwer me, Becaufe they be-
lieve fome to be erroneus, fome to be Orthodox. Whereby'tis evident that neither lubmit to
the Fathers authority, as commanding their Judgments, but receive their Opinions as agreeing
with their Judgments, this is evidently true and clearly rational, and fully agrees with the Rul^
C given
(^)
given by fome of the Fathers, asS. Cypriaf? and St. Jufiin^ two as generally and as defervedly
reverenced as any in the Ghrillian Church. St. Cyprian tells us, that the very Prapofnns (which we
call Bijlwp') is to be guided by his own Reafon and Confcience, and is refponfible only to God for
hisDodrine. St. Aaft^ins tells us, that he lubmits to no Dodlor of the Church ever lb learned,
ever lb holy, any further than he proves his Dodrine by Scripture or Reaibn, and defires none
\ fhould do otherwii'e by him ^ this is plain and rational dealing ^ had the Evangelical Dodors
taken this courfe in the beginning, they had laved themfelves from many incricate troubles
which their in-bred over-revererice to Antiquity entangled them in: But lure they needed not
have been lb Icrupulous in this matter, feeing there is fcarce any one Father v/hofe authority
the Papifts themlelves do not in fome particular or other rejeft, though other whiles when he
fpeaks for them, they cry it up to that height, as if it were even a matter of damnation not to
fubmit unto it. I lay not thisasifl would have Antiquity wholly rejeded, by no means, but
to confult the Fathers with great regard as Expofitors of Scriptures, and attentively obferve what
they fhew us from thence. 1 am not of thole who admire the great knowledge in divine mat-
ters revealed in this later Age of the worlds I do not think there are any now fo likely to
difcover the truth of Gofpel myfteries asthofe of ancient dayes. As for that laying, A Pigmie
let on a Giants fhoulder, may lee more than the Giant : pardon me if I call it a lhailow and filly
fancy, nothing to our purpole^ for our queftion is not of feeing more, but of the clear dilcern-
ing and judging thofe things we all fee, but are in doubt what they mean: if a Pigmie
and a Giant lee a Beaft at a miles dilfance, and areindifpute whether it be a Horfe or an
Oxe, the Pigmie fet on the Giants flioulder, is never the nearer diicerning what it is, which de-
pends on the fharpnefs offight, not the height of his Ihoulders: Now that the ancient and ho-
ly Fathers of the Church were more fpiricual, and confequently lharper lighted in fpiritual
things than we carnal creatures of this later age, is evident by their Spiiitual holy Lives: The
natural Man rccriveth not the thin/j of the Spirit of God, neither can he know them bccattfe they
are jpintually difcerned, \ Cor. 2. "14. And how natural, how carnal, how purblind we'are, is
too too vifible. "Befides, a purblind man near the objed, will difcern it better than a much lharper
fight at greater diftance as we are: For if you ask thofe lofty conceited Pigmies, why they give
more credit to the Fathers of the fecond and third Century, than to thofe of thefixth or ^eventh ;
' they anfwer, Becaufe thofe that lived nearer the dayes of Chrif and his Apoftles., are likelier
to know their minds better than thofe of remoter and corrupted Ages; the reafon is good,
but mightily confounds thofe who live at the. very foot of the Hill in the valley of durkne:s
and all Iniquity, and therefore not fo likely to difcern the truth of the Doiffrine of Gjrr/?,
preacht on the top of Mount Sj'ow, as thole who lived in higher afcents. Wherefore, I lhall
alwaves hearken with due reverence unto what thole Primitive Holy Fathers deliver, and the
more holy and more ancient, doubtlefs more to be regarded. And yet leeing that Irenes,
and before him VavUs, held to be a Diiciple of St. John the Apoflle, taught the error of the
Millenaries, rejedied now by all the Church, why might not others do io as well as they ? and
therefore there can be no certainty of their Doarine farther than they fhew us clearly fiom
Scripture, which ought to be our only Rule of Faith, as I fiiewed before. But in any point of
Religion, either of Faith or Difcipline, if after diligent and humble learch of Scripture, the mat-
ter be doubtful, then certainly I would lo much reverence Antiquity as to embrace what I found
approved of by the greater number of ancient Fathers; and what I found generally approved
by them, though my own judgement did much incline to the contrary, yet I would receive
it, unlels it appeared to me flatly oppofite to Scripture, which we believe to be the Word of
God; then it were damnation in me to forfake that, and hearken to the words of Fathers on
Earth, or Angels coming from Heaven, till they could make meunderffand their word agreed
with Gods Word. I mufi: be faved by Faith in God and Chrtji, and not by faith in Men or An-
gels. And now I lhall be bold to make this alfertion; That the Man who reads Scripture hum-
bly and attentively, falls and prayes to Godearneftly, confulcs his Pallors and Teachers care-
fully and modellly, and yet after all continues in Ibme Error by blind ignorance and mi:lake
of Scripture, ( if luch a thing was, or ever will be iblFered by the infinite goodneis of God )
that Man lhall iboner be laved, than he who receives a true Opinion from the Authority of
Men, which he Ibberly conceives to be contrary to Scripture; for 'tis all one to him, as if it
were really lb; all thhrgs are unclean to him that believes them unclean, ib all things are
damnable to him that believes them damnable, as he mull do Vvho believes them flatly con-
trary to Scripture. Let no man count me a Libertine in Faith, becaufe I would neither corn-
pell, nor be compelled to fubmit to the Dodrines of Men. I trull in God, no Man Iball
out-go me in zealous contending for the Faith once delivered to the Saints, once for all, never
to receive any new Dodrine, any other Gofpel than that preached by Chrif and his Apojlles,
herein I am no Libertine; by Gods gracious aflillance, neither Men nor Angels lhall make me
recede from one tittle of this, nor to embrace with divine Faith one tittle more than this, for
doubtlefs it is far greater Idolatry to believe in Man, than to facrifice to Man, more to give him
my heart, than my hand. And yet notwithllanding all this, no Man is forwarder than my felf
to receive from others humane dodrines as humane; that is, I believe it is not onlypoTble
but probable alfo, that another may have more natural underllanding, more acquired Learning
than my felf, and fo may find out that in Scripture, or from Scripture, or by Reaibn, which I
cannot do my felf, bat yet I can have no polTible aflurance that the Dodrine he delivers to me
I
( 7 ) ...
is abfolutely true, becaufel haveaflurance that'cispoITible for him toerre, and then I can have
no adurance but that he may erre in that very Dodhrine he now delivers me. There is no man I
ever heard or read of, to whom I could more readily lubmit than to St. a peribn of won-
derful lharpnefs in underftanding, and yet of great modefty; no way affedfing to take new
Opinions, much lels to impofe them on others. Now I pray conGder, how can we have
affurance of any Dodtrine he delivers more than another. 1 mean affurance from his own
authority or reafon ( what he delivers from Scripture Authority is another matter; ) we
believe St. erred in fome things whereof he was moth conGdent; he believed it abiblute-
ly necelfary for Children to receive the Sacrament of the Lords Supper, as 1 fay'd ; he be-
lieved it a diredl herefie to hold there were any Antipodes : LaBantiits another great Wit
and great Scholar, believed the like, with divers others. Who then can doubt but that they
might be miftaken in other things alfo. Wherefore let God be true, and all men lyars,
in this fence, to deliver lyes materially ; that is, falGties for truths.
What I have faid of Fathers, • muft certainly hold good of Councels alfo, though ever lb gene-
ral, ever lb Primitive ^ for this and that Father may, and have erred; furely then that and
that may alfo erre ; 1 can have no aGbrance in Men, nor can I be laved by Faith in Men. The
general Objedion made againft this, is, The promife which Chnft made unto his Church,
That the gates of Hell (hould not prevail agatnfi it, and that he would be with the Apofiles un-
to the Worlds end. As for that other faying of our Saviour, He that wiH not hear the Church.^ let
him be to thee as an Heathen and a Publican., I can't but wonder that men of any brains or modefty
fhould lb grofly abule this faying; fpoken of feveral differences between Man and Man, to be
referred to the termination of the Church, that is, the Congregation of the Faithful, which they
ufuaily and by order fhould affemble in; and refer this to the Church in general matters
of Faith, not in the leaft pointed at there. Wherefore I pals this over as very impertinent,
and proceed to anfwer the form.er Objetflion of more weight, yet no way concluding as
they would have it y No Man in the Chriftian World can more Grmly believe than 1 do.
That the gates of Hell fhall not prevail againft it, and that Chrif will be with his Church
nuro the end of the World; but I do not believe, nor am I bound, by Scripture to be-
lieve fuch Expofuions as the Vopifo Church makes of this place. By what Authority doth
the Pomtjh Church challenge to themlelves to be ExpoGtors of Scriptures more than other
Churches ? I Gnd nothing for it in Scripture, which is my Rule of Faith. I proceed then
to the bufmels of general Councels: Whether they may erre in fome points of Faith;
and why not; All the Evangelical DocTors grant the later general Councels have erred; if
lb, why not the former } what promile had the former frbm ChriB more than the later }
what period is there let in Scripture for their not erring, or what Promile is there at all for
any not to erre ? The gates of Hell fhall not prevail against the Church., I grant, what's this to
a General Council ? not the thouland part of the Clergy, nor the thoufand thoufand part of
the Church, which in Scripture is always put for the whole Body of the Faithful, though of
late it be tranGated into quite another notion, and taken for the Clergy only. But you will
lay a General Council is the reprefentative of the whole Church: what then ? what promile
is made in Scripture that the Reprefentative fhall not erre? You further urge. If the
Reprefentative erre, 'tis probable the whole Church will receive their errour. I anfwer.
We are now rreating of matter of Faith, which muft not depend on humane probabilities,
but Divine certainties; befides, 'tis not lb probable the Church will receive the errour of
the Reprefentative. W e know the whole Church hath not received a Truth determined by
them, much lefs an errour. And I pray, have not Councels been againft Councels ? Put then
the cafe, a General Councel fhould erre in lome matters, you can't therefore fay the whole
Church hath erred, the gates of Hell have prevailed againft the Church. I pray confider,
can you rrulv lay, the Great Turk. hztYi prevailed againft the Chriftian Army, becaule he hath
kill'd the thoufand part of it ? and yet the greateft General Councel holds a lels proportion
to the whole Church. But I will grant yet more; Put the cafe the whole Church fhould
deviate into fome erroneous Supcrftitions, had the Devil therefore prevailed againft it ? Can
I fay I have prevailed againft another Man, becaule I gave him Ibme Gight hurt in his Leg or
Thigh ? as long as his Head, his Heart, his Arm are whole, he ftill is able to Gght and wound
me as bad or worle; till the Devil can lb wound the whole body of the Church as to
deftroy the Vitals, the Fundamentals, and make it no Church, the gates of Hell can't be faid to ■
have prevailed againft it. Now God be bleffed there have continued all along feveral Churches
as great, or greater than the Roman Church, which have ftill maintained in deGance of Sa-
tan, One God the Father of whom are all things., and one Lord Jefus Chrift., by whom are all
things., and leveral other found Dodrines of Chriftianity; how then hath Satan prevailed,
when lb many millions have waged war againft him, and upheld the Kingdom of God and
his Chrtjh ? the Scripture plainly tells us, that in the days of Anti-Chrijl's great Power,
the Church fhall be driven into theWildernefs, fcarce viGble in the world; neither PopCy
nor Devil hath yet lb prevailed, but as then Chriji fhall have, fo Chrift hath ftill had a
Church warring againft Satan. Sure no learned Papif will deny, but that about the lecond
Century, the Millenaries were far the greater part of the Church, fcarce any writing Dodor
in thole dayes but had this error. Did Satan then prevail ? And in St. Aujlin's dayes, the
neceftlty of Infants receiving the Lords Supper was lb general, and held lb neceffary a
Principle,
(8)
Principle, that it was made ufe of to prove the neceffity of Infant Baptifm, this Sacrament
being to precede the other: in thole dayes a Lanthorn would have been necelTary to find
out a Church without this error. Did Satan then prevail ? But fay you, No General Council deter-
mined thole errors; why? becaufe none was called dbout them ; had any been called, who can
doubt but that they would have avowed that in the Councel, which they ail taught in their Church-
es : No, the Spirit of God would have preserved them from it: Shew me that promife in Scri-
pture; if Gods Spirit did not preferve them from teaching the whole Church lb, I fear the Spirit
would not have prelerved them more in Council than in Congregation ; where all fucking in this
error from their Infancy, would hardly have quitted it by a determination in Council. I humbly
crave Pardon for this bold prefumptton, being lead into it by thebold AlTerrion of the Papijis,
telling us without warrant how God will preferve their Councils from errors, as if they had been
of his Privy Council. We are nor ro fearch into Gods fecretCounfels for what he will permit, or
why he permits this or that. I fearch only into his declared Promifes, and with all, the fearch I
can polfibly inake, I can't findany *'uch oromi.e to General Councils as not to erre ; no, onely
that the Gates of Hell thail not prevail again.! his Church to deftroy it ; which he hath hitherto
made good, and 1 am ure will to the end of the Wo ;ld; but beyond his o •omife I am not lure of
anything, though it feems ever fo rational. God will not endure to be let •:ered with Sophiftical
Sophi'.ms, and humane coi. ;uqaences; and therefore I am afraid to wander from his wife and holy
Word, and trud to the Doctri'.j of Men feeming ever lb wife, ever lb holy; I reverence their
Peribns- but can't believe in their Doilrine. 1 am taught to believe only in God, not in the
Church,much lefs in any Member, or Congregation, or Council; bur to believe the Holy Catho-
lick Church, that is, that God hath had, now hath, and will have to the Worlds end, a felecfl com-
pany of Fr.ithful ones,confe.ding and ferving him ; to whom be honour and glory for ever. -Amen.
Concernvw Ceremonies and Church Serlnce.'
o
FIrfl: as to Ceremonies. I wonder Men of any tolerable difcretion fhould be fo eager either for
or againft them, our lalvation no way depending on them but much hazarded by our contenti-
on about them, hxeak'mg Peace, the principal thing recommended to us by the Goipel of Peace;
lure both are very finful. For my part, I think all subjebls are bound in confcience to conform to
the eftabliihed Ceremonies of that Church whereof they are .Vleitibers, uniefs there be any thing
flatly againft the Word of God: for to difobey our Superiours is direcftly againft the Word of
God: 1 Per. 2. 13,. Submit your fehes to every Oreiinaace of Man for the Lords fake. And there-
fore he that doth not fubmit, had need have as clear an evidence out of Scripture, that the thing
he rejects is direcftly contrary to the Word of God, otherwife he breaks an evident Command-
ment to iatisfy him'iblf in a doubtful thing, which without doubt is damnable. St. Paul requires
o.ne Brother to yield unto another in things indifferent, much more Children to Parents, Subjeffs
to Governours, But.no man that knows this World can expeb! all Children, all Subjebis, wiil be
dutiful and obedient; and therefore as Children are to obey their Parents, fo Parents ought not to
provoke their Children to difobedience, by impofing unneceffary things and very offenfive: Yet
if they do i.mpofe fuch things, the Children are bound to obey, unlels the things impoied be offen-
five to God alio, then they are acquitted, not otherwife. But ftill Parents muft remember they
are to give accompt to God for their commands, as Children are for their obedience : And letting
thisafide. Nature alone Ihould prompt Parents to feek the love of their Children, elpecially fpi-
ritual Parents, ftyl'd the Mimfters of God, who is love : Should not they defire rather to lead
the people into the Houle of God by love, than whip them in by fear; to have their Churches full
rather than empty ; to put on luch a habit as would invite them in, and not fuch as will fright them
out ? What wii'e and loving Father would put on a winding iheet on his head, to fright his
weak and fimple Child : I fay this to the chief Rulers of the Church, not to inferiour Minifters,
who muft obferve the Conftiiutions of the Chief, and the Chief ought to confider the difpofition of
Inferiours, what will be moil edifying for them. AstheApoftles in the beginning of
continued the obferving not eating of blood, and things ftrangled, to comply with the Jews\ lb
the Surplice with other things was wifely and piouily retained by the reformers from Popery, when
probably many long nourilned up in thofeGye/«o»Aj, would not have come into the Church, had
ad thele been caft out; but now to be zealous for them when the People are lb paffionate againft
them favours more of paffionlikewife in Governours than Religion ; as if they had rather ihew
their Authority than their Charity. If they anfwer, that many of their Flock are as zealous for
thefe things, as others againft them, and they had rather gratifie the Obedient Conformers, than
the difobedient Gain-layers: I reply ; Firft. This is no Obedience, to conform to fuch Ordinances
of their Superiours as they have a paflion for ; the Superiours in this conform rather to them, than
they to their Superiours: Try their Obedience if they will fubmit to the taking of thefe things away,
and then yon may have more reafon to gratifie them ; yet you know you are rather to bear
with the Infirmities of the weak, than pleafe the ftrong. Love your Friends moft, value the Obe-
dient moft; but love your Enemies alio, endeavour to gain the difobedient alio: The firft
are your dutiful Sons, abide alwayes with you, all that you have is theirs; but yet when the
Prodigal the ftray returns, rejoyce and kill the fatted Calf; yea, if he will not return, leave the
ninety
r 9 J
ninety and nine, and go feck that one that is loft. But you have nb hopes of gaining him, you be-
lieve'tis not Confcience, but Fadtion and wilful perverfencfs keeps him off-, Oh do not defpair, be-
licve better of him ^ Charity hopeth all things-, helieveth all things. But you know it is fo with him ^
then pity him the more going headlong into Hell, yield the more to fave his Soul from Hell, over-
come evil with good-, fetter him, bind him faft with chains of love, what is ftronger then love.^ It
will overcome Schifm, Faftion, Sedition, anything-, it will overcome God hi mfclf, and even force
God to withhold him by his merciful and powerful hand j and thus converting this perverfe fnnerfrom
the error of his way, you will fave his Soul alive, and cover the multitude of your fins : a bleffed and joy-
ful work, whereat the Angels of Heaven will rejoyce and fing, Adeluja, Amen. Oh my Fathers! my
Fathers that fhould Preach and Praftife the Gofpel of Peace and Love to your Children, vouchfafe
at my humble requeft to read 14. See what great liberty that great Grand-father of the Church
allows his Children, and obferve in the general how he became all things to all men to gain fome ■, and
will not you in fome things comply to gam all ? Will you reftrain the liberty of the Goi]?el totherigi-
dityofyour Difcipline to lofe fome, to lofe many, and perchance in the end to lofeall, yourfelves
and all. Be pious, be charitable, be prudent, build your Church on a Rock that will endure ftorms,
and not on the fand of Ceremonies that will both raife ftorms, andprobably overturn your Church
e're long. But you will fay, If you yield to fomediffenters in this, you muft as well yield to others
in that, and fo by degrees abolifh all your Ceremonies: I befeech you is not the body more then ray-
ment, fubftance more then Ceremony, will not you quitthe latter to preferve the former ? but you
will preferve both, God grant you lofe not both. But you will fay, this is the way to lofe both •,
firft take away Ceremonies, thereby you difpleafe and lofe your Friends, and then lye expofe to your
Enemies to fpoil your Goods. If your goods be the fubftance of your Religion, and you preferve
your Ceremonies to preferve thefe, then really my fear of yourlofing all isincreas'd; this is a very
fandy and dirty foundation, can't hold out againft ftorms; but if Faith, Hope and Charity bethefub-
ftance of your Religion, (as I hope it is ) thefe ftood firm and encreafed in the Primitive times, in the
greateft ftorms, when the whole World of Jews Gentiles were Enemies to the Church, and not
one of your Ceremonies in the Church to preferve it.- the fimple naked Truth without any furplice to
cover it, without any Ecclefiaftical Policy to maintain it, overcame all, and fo would do now, did
we truft to that and the Defender of it. Perchance 1 appear a great Enemy to the Surplice fo often
naming that. I confefs I am, would you know why ? not that I diflike, but in my own Judgment
much approve a pure White Robe on the Minifters fhoulders, to put him in mind what purity be-
comes a Minifter of the Gofpel. But fuch dirty nafty Surplices as moft of them wear, and efpeciallv
the fingers in Cathedrals ( where they Ihould bemoftdecent) is rather an intimation of their dirty
lives, and have given my Stomackfucha furfeitofthem, aslhavealmoftan averfenefs to all: and I
am confident had not this decent habit been fo undecently abufed, it had never been fo generally
loathed.
I will name another Ceremony, which gives great offence, with greater reafon, the bowing tc
wards the Altar, which in my own judgment I allow and pradtife in fome meafure, when I come in-
to fuch Congregations as generally ufe it, avoiding ftill to give offence to any as far as ! may with a
fafe Confcience. I affirm it is a very fitting thing to Ihew reverence in the Houfe of God, and to fhew
it by bowing as well as any other means, and to bow that way as well as any other way, and in
bowing, if the Congregation did it to the South or Weft, fhould as readily conform to
that. But you will fay the Primitive Chriftians, as we read, did generally bow to-
wards the Eaft (the Primitive Chriftians did fo I grant, but not the prime Primitive) what
then ? is this any obligation on us now ? The Primitive did alfo ufe Chryfme or confecra-
ted Oyl, yet we retain it not-, it grew into an abufe, therefore left off, fo hath this bowing towards
the Altar by the Papifts, fuppofing Chriftcorporally prefent there; and truly many of our Church-
men give great fufpicion to the People, that they alfo believe fomeftich thing, otherwife pray anfwer
me; when a Minifter at his entring into the Church, hath bowed to fhew his reverence in the Houfe
of God, and when he afcends up to the Altar bows again, to Ihew fome particular reverence in that
place where that bleffed Sacrament is confecrated (let this pafs for good alfo, though fomething may
be faid againft it) yet I pray tell me, why the Reader paffmg from one fide of the Church to the o-
ther, and the Minifter palling from one end of the Altar to the other, bows again.'' Surely in reve-
rence to the King of Kings he fuppofes there fittings who can imagine any other caufe of his homage ?
and yet 1 verily believe this is not the caufe, but mecrly a caufelefs cuftome taken up one from ano-
ther (the common beginning of all fuperftitions ) having no reafon for it, but much againft it, giving
thereby great fcandal to weak ones, and ground of flander to malicious ones, who lay hold on anyoc-
cafions to accufe them of Papiftry; for certainly'tis done with little or no reafon, or with a great
deal of Superftition.
Now as to that grand debated Ceremony of kneeling at the Lords Supper, I think there is no reafon
to condemn thofe that ufe it, nor much reafon to prefs it on thofe that difufe it. Why ? Are we not
to perform this great aft of devotion with all poffible reverence.? I grant it, but is this to b~e expreft
altogether in the outward pofture of the body .? Iffo, then your oppofers thus retort it upon you: If
outward humility be the thing you contend for, you oughtto fhew it to your God in the humbleft way,
and that is by proftrating rather then kneeling-, but if inward humility, furethat confifts chiefly ino-
bedience to what Chrift commanded, and to do it as he praftifed it, who can doubt but this is the moft
perfeft obedience? and you know when our Saviour inftituted this bleffed Sacrament, he gave this
command in the clofe. Do this in remembrance of me j andfure he remembers our Saviour beft, who
L) dot.I
. . 0^)
docth every thing as he did, both inSubilanceand Ceremony, and fo we find the primitive Chriftiaiis
did, obferving alio to receive it at Supper, as our Saviour did ^ but when this grew into a finful abufe,
the ce.emony was altered, topreferve the fubftance in more purity : fo was kneeling abufed by the
Papifts and turned into great Superftition, why not therefore changed in like manner? But you kneel
\vithout any Superftition, you do not adore the Elements on the Table, as the Papifts do, hnt Chrifi
in Heaven. And fo this man receives fitting and at fupper without any irreverence. He doth it fo
Kieerly in obedience to Chrifl^s command, both in ceremony and fubftance. Do this in remembrance
of me. But you do not conceive Chrifs command extended to the Ceremonies, but only to the fub-
ftancc, and the Church hath exprefly commanded kneeling as the more reverend Pofture, therefore
you ought to obey ; I think fo too .• but this man conceives Chrifi commands both fubilance and cere-
monies to be obferved, and confequently conceives the Churches command contrary to Chrifts; there-
fore he ought not to obey till you can reftifiehis judgment; if you can, then he ought to obey alfo j
if you cannot, have patience with your weak Brother ^ require no more of him in this matter then
Cnrift required of his Difciples ; fure Chrift would not have allowed any unfitting pofture, be not over-
wife, nor over holy, condemn not that which Chrift allowed. God is fo infinitely gracious as to accept
our poor devotions in any form, if but fincere in fubftance, nay though weak and frail in the fubftantial
part, he will not breakjhe britifed reed-, nor quench the fmoahing flax., his tender Fatherly bowels yern
upon his dear Children coming to him afar off. Oh then let us learn to be like minded, tender and
compaffionate to our weak brethren ; admit them into Gods worfhip in any pofture, if they come in
fmcerity of heart, rejeft not thofe whom God accepts.
I might go on thus to handle Other Ceremonies, as, theCrofsin Baptifme, the Ring in Marriage,
&c. But Icbnceive it ncedlefs, the fame reafons being applicable to all, and he that is once brought to
be indifferent and unconcerned in one, will foon be fo difpofed to all. Wherefore I conclude this
point of Ceremonies with St. Paul. He that regardeth a day, regardeth it unto the Lord, and he that
regardeth not the day, to the Lord he doth not regard it; he that eateth, eateth to the Lord, for hegiveth
God thanks, and he that eateth not, to the Lord he eateth not, and giveth God thanks: fo he that kneel-
cth, kneeleth to the Lord, and he that kneeleth not, to the Lord he kneeleth not. And Idefireyou
farther to obferve this circumftance in St. Pauls words, how he calls the zealous obferver of Cere-
monial matters, the weak Brother, and commands the ftrong not to defpifc him, it being really a
defpicable weaknefsand achildifh or effeminate kind of Devotion to be zealous in any ceremonial
obfervance, which mafculine fpirits are apt to defpife, but in Chriftian charity ought rather to pity
and bear the infirmities of others. Wherefore let us be the men of underftanding, men in devotion,
be zealous, and hold faft the fubftantial parts of Religion, Pietv, Juftice, Temperance, Chaftity,
Truth, Sincerity, ftand faft for thefe, not recede one hairs breadth from thefe, keep but our ground
and fight it out like men to death againft all Powers and Principalities on earth, or under the earth,
and let us leave it to women and Children to contend about Ceremonies, let it be indifferent to us,
whether this, or that, or no Ceremony, whether kneel, or not kneel, bow, or not bow. Surplice,
or not Surplice, Crofs or no Crofs, Ring, or no Ring, let us give glory to God in all, and no of-
fence to our Brethren in any thing.
Now if any man would be fo curious as to ask why St. Paul did not determine this point, whether
they Ihould eat herbs only, or other meats alfo, wnether regard a day or not, and fo eftablifh Uni-
formity among them *, I cannot imagine any other Reafon, but mcerly to teach us this charitable
complyance with one another, as neceffary a praftice as any other. Man isa very ticklifh Animal to
Govern, he will not always be guided by reafon and authority, man hath a will as well as reafon, and
will have his own will in many things, even the godly .* very few are found fo entirely pious as wholly
to deny themfelves, 'tis fo high and fharp a point of Religion, as you may break the heart ftrings
ofmany in winding them up fo high, and thus crack all their Religion ■, perchance you would find it
lb your felves, hadtheNonconformiftsthefcrewing you up, as you them. Wherefore confider your
felves, left ye alfo be tempted, be charitable to the weak, proceed not fo feverely againft theni
in your Courts of Judicature ; but remember what St. faith, Colof. 2. Let no man judge you in
meat, or Drink^or in refleEi of an holy day, or of the new Moon, or of the Sabbath dayes, which are a jha-
dow of things to come, but the body is of Chrift ■, will you then in refpeft of an Holy-day, Crofs in Bap-
tifme, ftandingatthe Creed, kneeling at the Sacrament, and the like, will you in refpect of fuch
lhadows, judge, excommunicate, fentence to everlafting flames, a Soul that holds ofthebodyof
Chrift, believes all his holy Gofpel, accords with you in one Faith, one Baptifme, who acknow-
ledges the only true God Creator of Heaven and Earth, and Jefus Chrift whom he hath fent to be the
Redeemer of Mankind, which our Saviour affirms, To be Eternal Life ; will you condemn fuch a
one to Eternal Death ? God forbid. My Reverend Fathers and Judges of the Church, I with St.
Paul Col. 3. Befeech you, Put on fatherly bowels of mercies,kindnefs, humblenefs of mind, meeknefs,
long-fuff'ering towards your poor weak Children, and fo long as they hold faft the body of Chrift, be
not fo rigorous with them for lhadows; if they fubmit to you in fubftance, have patience, though
thev do not fubmit in Ceremonies, and give me leave to tell you my poor Opinion ; This violent
preffmg of Ceremonies hath. (I humbly conceive) been a great hindrance from embracing them,
men fearing your intentions therein to be far worfe then really they are, and therefore abhor them.
Have you never obferved a flock of Sheep forcibly driven over a narrow Bridge, the poor Sheep fear-
ing they are going into fome Pen or Slaughter, choofe rather to leap into the River then go forwards,
but drive them on gently and patiently, they will of themfelves take the way you defire. Hnifor-
formity in Ceremony is a good and dcfirable thing, thetefore endeavour it ; but unity in Faith and
Charity
(I')
Charity is better, and therefore if you cannot obtain that, be fure to preferve this this is the one
thing necefTary, choofe this better part if you cannot have both; for this force urging Uniformity in
worThip hath caufed great divifion in Faith as well as Charity ^ for had you by abolifhing fome Cere-
monies taken the weak Brethren into your Church, they had not wandered about after feducing
Teachers, nor fallen into fo many grofs Opinions of their own, but being dayly catechifcd and in-
ftrudted by your Orthodox and found Preaching, they would have followed you like good Sheep ;
whereas now they wander about into a hundred by-paths of error, many whereof lead headlong to
Hell. Nowl befeechyou in the fear ofGodfet before your eyes the dreadful day of Judgment, when
Chrift on his Tribunal of Juftice (hall require an account of every word and deed, and ftiall thus
queftion you:Here are feveral Souls who taking offence at your Ceremonies have forfaken my Church,
have forfaken the Faith, have run into Hell, the Souls for which I fhed my precious Blood ^ Why
have you fuffered this ? Nay, why have you occafioned this ? Will youanfwer, it was to preferve
your Ceremonies ? Will not Chrift return unto you ? Are your Ceremonies more dear unto you then
"the Souls for which 1 dyed ? Who hath required thefe things at your hands ? Will you for Ceremo-
nies, which you your felves confefstobe indifferent, no way neceffary unto Salvation, fuffer your
weak Brethren to perifh, for whom I dyed ? Have not Ifhewed you how David and his Sonldiers were
guiltlefs in eating the Shew-bread-, which wns not lawful hut only for the Prieflsto eat} If David dif^
pcnced with a Ceremony commanded by God to fatisfie the hunger of his People, will not you difpence
with your own Ceremonies to fatisfie the Souls of my People, who are called by my Name, and pro-
fefsmy Name, though in weaknefs ? Or will you tell Chrift they ought to fuffer for their own wilful-
ncfs and perverfenefs, who will not fubmit to the Laws of the Church as they ought; will not Chrift
return ? Shall they perifh for tranfgreffing your humane Laws, which they ignorantly conclude erro-
neous, and fhall not you perifh for tranfgreffing my Divine Laws, which you know to be good and
holy ? Had I mercy on you, and fhould not you have had mercy on your fellow fervants ? With the
famemeafure you meted, it fhall be meafured to you again - 1 tremble to go farther, butmofthum-
bly befeech you for Chrifts fake, endeavour to regain thefe ftray Sheep, for whom he fhed his preci-
ous blood, and think it as great an advantage, as great an honour to you, as "it was to Saint Pau^ to
become all things to all men, that you may gain fome, as doubtlefs you will many, though not all ^
and the few ftanders off will become the more convinced, and at long running wearied out and gained
alfo. Thus having reduced all into one fold in true Faith andChriftian Charity, the prefent Genera-
tion will much forget, the fucceeding Generation will be wholly ignorant of thefe erroneous fancies ;
and all animofities being quite extinguifhed, wholefome edifying Ceremonies may be eafily introduc't
again with comfort to all, which are now irkfome and grievous to many. And fol pafson to' the
fecond matter : The Church fervice contained in the Book of Common Prayer, whereof briefly,
becaufe what I faid before, may be apply ed to this alfo.
Concerning Church Service,
1
will not here enter into the difpute, whether it be lawful for a Church to have a fet form of
Prayer, fuppofing that there are none but either highly Fanatick, or highly Factious, that affirm
it unlawful -, and with fuch I have no reafon to expedt, that reafonable Arguments fhould prevail;
for enough hath been already printed to this purpofe. I may alfo fuppofe, that there is nothing
contained in our Book of Common Prayer, that is direffly contrary to the Word of God; for had
there been any fuch thing, we fhould have heard of it long fince, which I never yet did from any fo-
berman. And truly I might in the third place fuppofe that ( a Book of Common-Prayer being no
way contrary to the Word of God ) the ufe of it is far more conducing to Piety, then to fuffer ex-
temporary prayer to be ufed generally in Churches ; experience hath fully declared it in our late
confufed times, when a man fhould have heard in many Churches fuch extravagant, fuch wild, fuch
rafh, fuch blafphemous cxpreffions, as would drive any fober confcientious perfon out of their
01 ' Churches. Can you with reafon expeft it otherwifeWhenhalfthe Churches in this Nation have
TffitliS' ^ tolerable maintenance to fupport men of parts and difcretion fit to perform fo folemn and holy an
1' ijX Office. Had we the holinefs, the zeal, the charity, the humility of the Primitive times, when
tx men forfook all the World, and dayly f^crificed their lives for the Service of God, we might hope
that God would gracioufly pour down upon us, as he did on them, the fpecial gifts of praying and
prophecying. but now when moft ferve God for gain, and would neither open nor Jhm the Church
doors for nought-, as Malachi faith, we muft not expeft thofc gifts and graces. And therefore I con-
ceive it abfolutely neceffary to have fome form prefcribcd to be ufed by all, for were there liberty
left to the more able and difcreet, moft would fuppofe themfelves to be fuch ( few difcovering their
own weaknefs ) and were it left to the Bifhop to licence as he thought fit, it would prove a very
great caufe of our heart-burning among his Clergie, and hatred towards himfelf, yea, and rebellion
againft
?4
( 12 ).
againll him and the laws. Bat now in ChriH: I hambly befecch the Governoursofthe Church calmly
toconfider, Were it not better to have fuch a form of Service as would fatisfiemoft ? The Fathers
of our Church (aslfaid beforej when they reformed this Nation from Popery, were defirousto
fetch ofFas many as they could, retaining for this caufe all the Ceremonies and Forms of prayer they
eould with a good reftified confcience, and therefore they prefcribed that form of fecond fervice to
be faid at the Altar, as carrying feme refemblance to the Mafs, then the peoples delight, which be-
ing now become the peoples hate, fhould for the fame refemblance, according to the fame rule of
rcafon, be now taken away. We commend our Forefathers for doing pioully and wifely, and yet
we will not imitate them ; they endeavoured to plcafe and gain the people, we will needs difpleafc
,and lofe them .• Certainly we cannot do our Forefathers a greater honour then to obferve their
ruleofreafon, to conform to the Times ; and therefore they are grofly miftaken whothinkita dif-
honour tothem for us to take away what they have eftablilhed ; when we keep clofe to the reafon
wherefore they dideftablifhit: Wife Phyficians by the fame rule of reafon prcfcribe things clean
contrary according to the temper of their Patients, hot or cold. Some other things I could mcntioci
in the Book of Common Prayer ^though no way ill in therafelvcsl yet fit to be altered, and would
cbviouflv appear fo to every wife man once refolved to compofe fuch a form, as would take in moft
of this Nation, which 1 humbly conceive Governors fhould in confcience endeavour, becoming all
things to all men to gain fome, though not all; yet happily gain all in procefs of time, for the reafon
before fpecified.
But though 1 defire fuch a form of Service, fuch Ceremonies alfo to be eftablifhed, as may give
moft general fatisfaftion, yet I defire what is eftablifhed may be generally obferved, and not a li-
berty left (as fome do propofe) to add or detra«ft Ceremonies or Prayers according to the various o-
pinions and humours of men: for certainly this would caufe great faftion and divifion ; thofe that are
for Ceremonies would run from their own Church to others where they were ufed •, others to fome
fine fancied Prayers of fuch as they approve of; and thus fome Churches would be thronged, others
deferted, and no account could be taken by the Paftor of this Congregation : Atheifts alfo and Pa-
pifts under pretence of frequenting other Churches would abandon all. This courfe (fay you) would
bring but few into the Church, and perchance drive fome out, who having been long bred up to fueh
and fuch Ceremonies, would have fmall devotion to frequent the Church, if all or many were abolifh-
ed. To this I anfwer. That certainly his Religion is vain, that would abandon the Subftance for
want of the Ceremonies, which he acknowledgeth to be no way necelTary, but only more fatisfaftion
to his mind : Surelv a very ignorant mind, who hath not learnt. That obedience is better then facri-
fae and whole burnt oferings: And furely a very uncharitable mind, who would not leave ninety and
nine unneceftary Ceremonies, to bring one finful ftrayed Sheep into the Congregation and convert
him from the error of his non-conforming way. I profefs I am amazed to fee how many men of a
very good fenfe in moft things, fo zealoufly erroneous in this bufinefs of Religion, feeing the
fcnpture fo plainly declares, that nothing fo covers the multitude of our fins as an aft of Charity ^
nothing fo acceptable unto God, fo joyful to his holy Angels, as converfion of a fmner^ Yetthefe men
will moft paflionately (and pardon me if 1 fay, moft uncharitably and irreligioufiy) cry, away with
thefe Idiot Seftaries and mad let them wander and perilh in their own wild imaginations,
we will HOtleave one Ceremony, nor any one line of our Common Prayer Book to gain thoufands of
them. No, if you alter that, we will rather leave the Church and go to the PapiBs Mafs; if thefe be
not as fimple Seftaries and mad Phanaticks as any whatever, let God and his holy Angels judge. But
as for you my Reverend Fathers of the Church, I hope you will confult with Scripture in this weighty
Affair, and Model all according to the rules of meeknefs, charity, and compaffionate tendernefsto
weak ones, there fet down •• and endeavour with prudent admonitions toreftifie the errors of thefe
too zealous Ceremonifts, and with fatherly bowels of condefcention to win the hearts of blind and
wilful Separatifts. Certainly the more underftanding and powerful Leaders of them will not, cannot
have the face to ftand off after your charitable condefcention, their populous pretences will be focon-
futed, their mouths fo ftopped, their faces fo confounded, as for meer fhame, ifnot for rcafon and
religion, they muftcome into our Church : and their Paftors coming in, the Sheep will follow,
though fome ftand a while and gaze : but at length having no men of ability to lead them on in their
perverfe wayes, the Shop-prating Weavers and Coblers will foon be deferted, and made heartlefs,
feeing their own naked folly. And then fhall we all joyn and joyfully fing Te Deum in our Churches,
and the holy Angels in the Heavens. And then I fhall moft gladly fing with good old Simeony Lordy
now let thy fervant depart in peaccy for mine eyes have feen thyfalvation.
(
)
Concerning
Concerning breaching,
IT remains that I now handle this great bufinefs of Preaching,wherein I fear I ftjall difpJcafc
many, there being but a few who ufe it according to the Original Inftitution j and yet I had
rather they flioiild Preach as they do, than quite omit it; for certainly'tis a neceflary work .
for a Minilter of the Gofpel to Preach the Gofpel. Saint Paul tells us. That fame Preach the
Co/pel oHt oj envy ; yet he wfc plealed that Cbrift (hould be fo preached rather than not prea-
ched ; and fo Hay of Preaching Chrift out of vanity j as'tis evident many do, preaching
themfeivcs and their own abilities, at leaft as they think abilities, though often great weak-
neffes and conceited impertenances. I befeech you tell me, did not Chrift and the Apoftles
Preach the beft way ? and are not we to follow their Example ? Who dare fay otherwife ? yet
many do otherwife, they take here or there a fentence of Scripture, the fhorter and more ab-
ftrulethe better, toftiew their skill and invention, this they divided and fubdivided into gene-
ralsand particulars, the the the ^antum, and fuch like quackfalving forms j
then they fttidy how to hook in this or that quaint fentence of Philofopher, or Father, this
or that nice (peculation, endeavouring to couch all this in moft elegant Language ; in fhorr,
their main end is to (hew their Wit, their Reading, and whatever they think is excellent in
them : No doubt rarely agreeing with that of St. Paul, I determined mt to know any thing a-
mongyou fave jefus Chrifi and him crucified ; and my fpeech, and my preaching was not with'inti-
cing words of man's wifdom, hut in demenfiration of the Spirit and of Power : i Cor. 2. And T
venly believe this is the reafon why preaching hath fo little efFeft in thefe days, becaufe they
labour to (peak the wifdom of this world, which is fooliihnefs with God, nor do they Preach
in deraonflration of the Spirit, but in demonftration of their Learning, I know full well
this unapoftolick way of Preaching was uled by fome of the Antient Fathers, efpecially the
Greeks, always fond of nicities and curiofities, and being now become Chriftians (as I faid be-
fore) tranfplantcd their beloved Rhetorical flowers of humane learning into Chriftian Gard-
ens, which proved rather Weeds to over-run the feed of found and plain Apoftolick Doftrine,
humane nature being afoyl apter to give nourifhment and vigor to humane principles than di-
vine. But when did ever any Learned, Witty Rhetorical harang, or cunning Syllogiftical dif-
courle convert the tythe of St. Peters or St. PauPs fooUJh Preaching, as he terms it, hut the
wifdom of Godto thofe that at^ perfehi and found \n the fdth. Who is ignorant of that famous
paflage at the council of JVice ? whither reforted with divers others, one Eminent Heathen
Philofopher, offering himfelf (as the manner of thofe vain-glorious Sophifters was) to difpute
ivith the Chriftian Doftors j fome Bifhops of great Repute for Learning, under him, and as
they thought, clearly Confuted ; but no way Converted him j at laft rifes up a grave antient
Biftiop of fmall Learning, but of great Faith and Piety, and (with great diiratisfa(fl;ion of his
brethren fearing fome gro(s baffle (liould befal this good man) comes u[)to the Philofopher,
and with great Magifterial Authority recites unto him the Apoftolick Creed, I believe in
God the Father Almighty and intheclo(e calls to him, O Philofopher heltevefi thou this f
The Philofopher anfwered, I believe, not being able to refill the demonftration of Spirit and
Power wherewith he uttered thofe divine Myfteries,as he confefs't before them all. You
will (ay this was a Miracle of great rarity ; 1 grant it, but many fiich Miracles (hould we fee,
had we the Faith and powerful Spirit of this Holy Bifhop, and would endeavor to imitate A-
poftolical Preaching, not Philofophical Arguing, nor Rhetorical declaiming.
We fee plainly the Apoftolical Preaching was either Catechiftical Inftrudlions, or Pious Ad-
monitions; not tying themfelves to any form, but pall from one matter to another as the Au->.
ditors condition required, not as the Preachers fancy and reading prompt; juft as the Roman
Em)yerout Caligula, who when Delinquents came before him to be judged, condemned or ac-
quitted them, as agreed beft with the cm rent of his Oration: So thefe men (hape their di(^
courfe more to the applaufe than edification of the hearers. And fo much time is fpent in
compofing thefe Oratory Sermons, as the Minifter bath not leifure to perform a quarter of
his Parochial Duty, of vifiting the Sick, of admoniflflng the fcandalous, of reconciling the
janglers, of private examining and inftruding the poor ignorant fouls, thoufands in every
Country as ignorant as Heathens, who underftand no more of moft Sermons than if in Greek;
lb that the Sermon is rather a Banquet for the wantons that are full, than inftrudtion to thofe
who are even ftarved for want of fpiritual food, the plain and faving Word of Chrift, not the
nice conceited word of Man, which may nourifh Camelions, never make folid found Chrifti-
ans'. There are others of a different (train, who wanting both Wit and Learning alfo, think to
fupply all by ftrength of Lungs, by loud and longbabling, riding hackney from one good
Town to another, and with fervency of (pirit like a boyling pot running over where ever they
come. Were it a laughing matter, who could contain to hear fome feeming Zealot Paftors
talk lb much-of their obligation to Preach the Golpel,and mult (forfooth) do it in the Pulpit
twice a Sunday, counting thofe almoft accurfed that do not fo, and yet have many poor Sheep
in their flocks as ignorant as any Sheep, whom they never regard, never inftrudl in the firlt
Principles of the Gofpel ; as if Preaching were tyed to the Pulpit and the Sabboth day. Par-
don me if 1 tell you a Itory which now comes in my head, 1 chanced to be in a Lords Houfe
E on
/
( 14)
on a SutHrdajy when a zealous Minifter came in, after feme complements and ceremonious dif-
tourie, he told the Lord That where ever he was he never failed to preach the Gofpe! on
the Lord's day as his duty, and therefore entreared, that the Paftor of the Parilh might be
delired to give place to him next morning. 1 fufpeding both his zeal and defign (which af-
tervvards apjiearcdj asked him if he had received any particular command from Chrift to
Preach at this place and that hour? The Minilter hartlingat mvQnehion , anfwered. No. I re-
plyed , Sure then other Minihers had the fame obligation to Preach the Gofpel as he had, and
moreover it vvas jlie Pahor's particular duty to Preach to his own Congregation on the Lord's
day, how then could he in co^ (cience defne thePaftor to omit His duty , and give place to a
Stranger-w ho had there no duty incumbent upon him ?but the Lord pulled me by the elbow
and took me otf from farther preiling him, and told him, he would fend to the Paftor to give
him place. But ro return to our bulinels. Very few are to be found, here and there one of
Piety and difcretion, thar demeans himfcif prudently in his Office ; and the reafon is this. It
is grown up into a general ojitnion. That none are fit to be admitted into Holy Orders but fuch
as have fiudied in the Univerfity } and if he hath learnt a little to chop Logick, he is prelent-
ly deemed fit to divide the Word of Truth, and is eafily infiituted into a Living, and if he
can bring (bme nice MetajihyIleal fpeculations from ^rtfietle ; or fome Iheological diftindions
from Aquinas, then he is worthy of two or three Livings or Prebends; And thus, Univerfity
Youth-c, and even Boyes of no experience or difcretion, are made fpiritual Paftors, the graveft
and molt weight Office in the World. 1 befeech you, what have thefe Sciences (fafly fo cal-
led) to do with the Gofpel, where we find not one tittle of them ; butrather decryed as ene-
mies tothe. Gofpel, as tending to vain jangling, Itrife and contention, nothing of Edification.
We had lately a brave ftory of the Jefuits in who finding the King and his Courtiers
much delighted with the Mathematicks, but not very knowing in them, wrote to the Gene-
ral of their Order at Rome to fend them fbmePricfts, very skilful in that Science, to Preach
the Gofpel there. Why did they not fend for feme alfo well skilled in Puppit plays ? ridiculous
creatures fliall 1 fay, or rather impious, who think to fupporr the dignity, the majefty, the
divinity of the Gofpel, with fuch humane toyes? Juftas if a King, having fome potent Enemy
invading his Ccuntrey, ffiould inftead of leading on a ftoutand gallant Army againfthim, lead
on a Morice-dance capering and frisking moft fcatly, thinking thereby to appeafe and gain
the heart of his Adverfary. Yea fools and hUnd,vee mefle not againft flejh and bloody but a'
gainji FrinC!palities,againfi Powers,againjl the Rulers of the darknefs of this world, again ft fpiritual
Wickednefs in high places, Ep. 6. 12. yind therefore the weapons of our warfare mufl not be carnal
but mighty through God, to thepullingdown of firong holds, 2 Cor 10 We mufl then take the
whole armour of God, the helmet of Salvation, the brejl-plate of Righteoujnefs, the Jhield of faith,
the fword of the Spirit. Read alfb St. Paul to Timothy and htus, fetting down the required
qualifications of Bifhops and Deacons, fee if you can find any fuch Mathematick, Logick,
phyfick? No, bur Gravity, Sobriety, Meeknefs, Diligence, and the like. Were fuch men ta-
ken into holy orders and conhituted Paftors, the Church of Chrift had been far better edified,
and the Paftors far more reverenced than now they are: though Plato, y^nfotle,Euclid, Scotw,
yicjuinas, were never known to them, fb much as by name, yet they would want no paftoral
knowledge which is compleatly contained in Scripture 5 as St. Paul told Timothy, That it was
f .jfcient to make him wife unto Salvation, profitable for Dofirine,for Reproef,_ for Correblion, for
Jnjirubliowthat the man of God might be througly jurnijhed 5 mark, throughly furnifhed without
Logick, Phyfick, Mathematick,Metaphyfick,or School Divinity. Scripture Divinity through-
ly furnifh.es the man of God for all. I fpeak not this in difparagement of Univerfity Lear-
ringj which I highly value, if rightly made ufe of,'tis as ofcful as honorable to a Nation, but
much of Univerfity Learning as ufelefs to a Spiriina} Paftor, as the Art of Navigation to a
Phyfitian j the Paftors only requifite and compleatly qualifying Science, being according to Sr.
Paul to know nothing but Chrijl and him crucified, and to Preach Chrifl, not with inticing words of
man^s wijdom, but in demonfiration of the Spirit and of power j to Preach Chrift as well out of
Pulpit as in the Pulpit J in feafon and out of (eafon ; to the poor and to therich ; to the fimple
and ignorant far rather than to the knowing; to Rebuke, to Corrcft, to edifie both by word
and deed.
Wherefore I moft humbly befeech the Church Governors to remember the Original Infti-
tution of the Miniftry, what kind of Men the Apoftlcs chofe into it, grave Elderly Men
therefore ftyled Elders, and known as well by that name as Bifhops, who having by long con-
verfdiion gotten experience and knowledge to govern themfelves, were made Governors of
others. I grant we have Timothy for an example of younger years, that is, young by way of
comparifon to the other Seniors; as a man of forty may be called young,compared to thofe
cf lixty ; yet no youth fimply, nor fimple youth: and 'tis plain he was a perfon no way fhorc
of the Elders in gravityjthough fomewhat in years: St. PauPs general Rule was, not to admit
of Novices; but all general Rules have fome exceptions. Timothy was one and a rare one, we
find not another. Next, I pray confider what kind of Preaching they ufed, you may eafily
guefs at their Sermons by their Epiftlcs, full of fhort Catechiftical Inftruftions, grave Exhor-
tdtions, fober Reproofs, difcreet Corretftibns, and then tell me whether a raw Novice
the Univerfity with all his Sciences and Languages be fit for this, or rather a grave fober per-
fonof age and e.xperience, having a good natural Capacity, illuminated by Scripture Inftru-
(ftion
(fllon and Prayer, ufing alfo the help of grave and found Interpreters. Really'tis moft- evident
that the Church is run into great contempt by the 11 ghtnefs and, giddinels of manv M l ilters,
who intend nothing but to m.ike a handlbme School Boyes excrcile in the Pulpit on Sunday^
but never a trend the other Parochial duties, no nor their own advance in Spiritual knowledge,
but give themfelves wholly cither to idle Studies, or idle Recreations, and are very Childien
in Divine knowledge and behavior. I do affirm this in the prefence of God asatruth, and I
have known fome pafs for very good Preachers, thatcould not give a good account of the
ylthanafian Creed, nor fcarce of the Childrens Catechifm j Matters of Art, but School-Boys
in true Divinity, and fb their Parifhoners continue very Babes all their life long.
It would make any true Chriftian's heart bleed to think, how many thoufand poor fouls
there are in this Land , that have no more knowledge of God,than Heathens ; thoufands of the
mendicant condition never come to Church , and are never lookt after by any j likewife thou-
fands of mean husbandry Men that do come to Church , underlfand no more of the Sermon
than Brutes perchance in their infancy fome of them learnt a little of their Catechilm, that
is, they could, like Parrots, fay fome broken pieces, but never underlfand the meaning of one
line ; (this is the common way of Catechifing) but afterwards as they grow up to be Men,
grow more babes in Religion, fo ignorant as fcarce to know their Heavenly Father, and are ad-
mitted to the Sacrament of the Lord's Supper before they are able to give account of the
Sacrament of Baptifm. This it is generally in the Country, and in the City as bad, partly for
the reafon before fpecified, and partly by reafbn the number in many Parifhes is far greater
then any one Pattor can have a due care of j he cannot know half the Names or Faces of them,
much lefs their Faith and Behavior, which is requifite that he may both inftruft and reprove
where there is need. Wherefore I humbly conceive'tis necefTary to divide thefe numerous
Parifhes into feveral parts j but withal to provide means out of them for feveral Minifters, for
there is no hope to gain it from tlieir Charity or Piety, which is plain Hypocrify, feeming
fo zealous to hear the Word,but to contribute nothing towards it; the Minifter may Preach
his heart our, and yet not get out of their purfes any tolerable Maintenance ; a poor Husband-
man in the Country of twenty pound a year, that gets his bread by the fweat of his brows,
pays more to his Minifier than a Citizen that gets hundreds a vear, fitting at great eafe in his
Shop, and fpends fnore in'Ribbonds, Lacds, andPerriwigs in one year, then he pays to his
Minifter in ten or twenty ; 1 befeech them to confider what account they will give to their
Lord and Matter at that day.
But I return to the requifite qualities of a Minifter, who according to' Sr. Paul is to be a
Governor as well as a Preacher j to admonifh and rebuke as well as inftrud:, and therefore of
two evils choofe the lefTer, rather Men defeftivein parts to preach, which maybe fuppliedby
. Homilies, than defedive in Wifdom and Difcretion to govern, which cann't be fupplied by o-
ther means. But would men be content with the true Gofpe! and Apottolick predcliing,doubt-
left there might perfons be found out fit for both, to Govern and to Preach, to preach one God
theCreatorof all, one Chrift the Redeemer of all, one Holy Ghoft the Sandifier of all, to
preach the Baptifm of Repentance, and the Sacrament of the Lord's Supper, to preach God-
linefs, Juttice, Mercy, Charity, Sobriety, Chaftity &c. All which will be fkr better perfor-
med by a grave and godly confcientious Man, well Catechized,rhough he never faw Univerfityj
though he knew no other Language but his Mother Tongue, then by any Anfiotelifi, Scotift^
Acjuinatift, with all their knacks of quiddities and qualities, Syilogifraes and Enthymems, di-
ftindions and fubfumptions See. Not one Greeks or Italian, or French of a thoufand knew
any Language but his Mother Tongue when the Gofpel firft floorifhcd there; not one Indian
of a hundred thoufand, where Sr. planted the Gofpel, ever heard of Plato or Anfio-
tie; and fo I may fay of many other Nations where the Goipcl was planted and Prietts ordai-
ned. When God inttitutcd Aaron and that Priefthood, when Chrift inftituttd the A'poftles and
this Priefthood, not a tittle mentioned of School Sciences or Forreign Languages. 'Tis true,
the Apoftles by the Holy Ghoft received the gift of Tongues, becaufe they were to preach
to all Nations, but we find not any infufion of School learning by the Holy Glioftf, nor any more
gift of Tongues after the Gofpel once fpread over the world j God itiought it then needlefs, I
pray lets be no wifer then God and his Chrift, who converted the world by t le foolifiinefs of
Preaching, but I never yet heard of any one Nation converted by the wKdom of Philofophi-
calRhetorical Preaching. Miftake me not,I fay that Sciences andLanguages are no way neceflarv
for common Parochial Preachers,yet I grant that Sciences efpecially Hiftorical andLanguages ef-
pecialy the.oriental,are very ufeful to the perfedl underftanding of Scripture,andvery fit for fome
Minifters toftudy, to whom God hath given parts and means to acquire themj who may be
helpful to others j and the llnivcrfities are very good places to train up youths to this pur-
pole ; but ftill thefe faculties are no ways neceflary to a parochial Cure, a fmal! proportion of
Learning with a great deal of Piety and difcretion is much better. ,Befides, there is another
thing much to be confidered. Were there fuch grave confciencious perfons admitted into the
Miniftry as the Apoftles ordained, liicb Preaching let up as they pradtifrd, and all other decrj'-
cryed,ruch double honor paid unto the Miniftry as St. Patd commanded, and primitively was
rfndred(fuch grave perfons would fcarce ever fail of it) then we might findthoulands in the
Nation that having means of their own, would preach the Gofpel to the poor for confcience
fake. The maintenance for Minifters in moft parts fo wretchedly fmall (and fo like to be, the
E 2 Tythcs
Ci6)
Tvthepbeing in the hand of Lay-men without hopes of recovery) that there is ho convenient
fupport for men of Worth and Gravity, and therefore Youths and Striplings as wretched are
put into them of meernecelFity, that they lie, not wholly void j whereas if Men that had
forne Eitarc to help to maintain themfelves, being perfons of confcicnce and convenient know-
ledge, were put into the Miniftery, and fuch preaching the Gofpel accepted of, as the Apoftles
and Primitive Dii'ciples ufed, the Cures would be ferved with far more edification of the
People, and honor to the Church, than now they are.
I moft humbly belecch all in the fpirit of meeknefs and humility to confider thefe things,laying
alide the veil of pomp and vanity, which blinds their eyes, and hinders them from difcovering
the naked truth and fimplicity of the Gofpel, I call the Searcher ofall hearts to witnefsl wifh
unto all Clergy-men both double honor ar>d double maintenance alfb,I can't think any thing coo
much for thofe who confcientioufly labour in the Miniftry. But feeingf as I faid)there is no hopes
of regaining the Church maintenance, we in prudence fhould feek out fuch helps as may be
had. And truly I have great reafon to hope, that were this rule obferved of putting only grave
difcreet and confcientious perfons into the Miniftry (whether Univerfuy men or not, it mat-
ters not, fo as fuljy inftrufted in the Dodrine of the Gofpel by found Commentators) many
perfons of good rank and Eftate would think it no difhonor but rather a higher honor to enter
into it, as they did in the Primitive time ; "Julian neerly related to the Roman Emperour, and
afterwards Emperor himfelf, thought it an honor to be admitted a Reader, one of the loweft
Offices in the Church. And for the better advancing this bufinefs, and fitting all forts of
men with convenient Knowledge for the Miniftry, I humbly conceive it very fit there fhould
be one good and brief Englifh Comment of Scripture felefted and compiled out of thofe
many voluminous Authors, laying afide all impertinent criricifmes, abftrufe queftions, nice fpe-
culations, and the like, letting down only the plain and moft obvious fence in matters of Faith
and good life neceflary to falvationj fuch a book to be fet forth by Authority, with a com-
mancHtiat no man in Siermons, Exhortations or Catechifings teach any thing contrary to it, and
whatever Learning beyond that is brought intp the Pulpit, let it rather be exploded then ap-
plauded j for if any countenance be given to excurfions^ there will be no end, the itch men
have to fhew their Learning will foon bring us again into the vain unedifying praftice we now
are in. I humbly conceive it fit alfo that the book of Homilies be reviewed, not to correcft
any thing in them, for they are moft excellent found Exhortations;containing the true Primi-
tive Spirit; but to add to them what ever is wanting to the 'neceflary Dodrine of Faith and
good manners, to teach every perfon how to behave himfelf in his feveral vocations, and thefe
commanded to be read once over every year 5 for I have obferved feveral, even good and con-
fcientious Preachers to take quite another method, and preach on this or that Chapter, and fo
in the whole year, yea, perchance in two or three years, never preach on the duty between e
Man and Wife, Parents and Children, Mafters and Servants, Magiftrates and Subjefts; or omit
to treat of Pride, or Malice, or cheating, or the like, by reafon of which omiffions, feveral
in the congregation are ignorant in neceflary dutieSj though rightly inftruifted in things unne-
ceilary.
I exped that many will cry out of this as a means to introduce lazinefs into the Miniftry,""
and a hindrance from exercifing thofe Talents God hath endowed them with. To this I an-
fwer, Firft, that I had rather the Miniiters fhould be lazy, than the People ignorant in their
duty. But fecondly I anfwer, That befides Pulpit Preaching, theMinifter may find enough to
do to keep him from lazinefs, and exercife the beft, that is, the moft ufefulTalentsof a Mini-
fter, to vifit and comfort the Sick and Afflidled, to compofe Differences and reconcile Janglers,
to examine and inftrudt the meaner and duller part of his Flock, who are not capable of Pul-
pit preaching, to whom they muft inculcate both Do<ft;rines and Admonitions ten times over,
and fbarcely fo, make them.apprehend any Spiritual matters. Experience only can raife a be-
lief how extreamly dull the common people are in the myfteries of Faith, and but little
quicker in the Principles ofa good life : Chrift dyed to fave thefe poor vulgar Souls as well as
thofe of the Gentry and more learn'd, yet the labor of moft Minifters is to entertain thofe that
know er.ougE,and are ve'ry lazy in catechifing thofe poor fouls that know nothing; let thefe be
fully inftrufted and then for me,letthem fhew their'Talents by preaching as often as they pleafe
to others ; All that I labor for, is, that thofe may have it who moft want it, either by injoyn-
ing fiich Homilies as mentioned to be yearly read, or fuch Sermons to be yearly preached : I
am no enemy to true Apoftolical preaching, God forbid f fhould ; but to vain Scholaftical ufe-
lefs preaching, to have the Paftor, who fhould daily watch over his Flock, fit in his Study all
the Week long, picking from that or this.Quaint Author a few beautiful Flowers, and then to
corne on Sunday, with hisNofegay in his hand to entertain Ladies and Courtiers ; for my part
I count this farmore finful lazinefs, than to read a Pious Homily on S«W<a;,and all the Week
after, go "up and down frjom houfe to houfe taking pains to inftruft-and exhort fuch as I mctw
tioned : But thefe fhail be called dumb Dogs, yet furely by none but barking curs, who are
wholly ignorant in true Apoftclick Preaching; Pardon me if I return them their due, who
fj/eak evil of that they uuderltand not.
They will Ob/ed, The Apoftles and Primitive Difciples did not read Homilies, but Preach'd
themfelves; Neither do I delire that anyone Homily fhould ever be read, fb as we had the
true Apoftolick preaching both onSmdays in publick, and Week days alfo in private, where
there
in)
there is need : But I am furefuch pious Homilies as I mentioned are no ways contrary to the'
Apoholical and primitive practice, and are far more ufeful than fuch preaching as we have
now adays. And lam alCo fure, that in rhepurelt and moft primitive time. Homilies under a-
nothcr name were read in the Churches, that is, the Epiftles of Apoftolick godly Bifhops
written toother Churches, were read in the Congregation with great Veneration ; Shall the
name of £/>////? make the one applauded, the name of Homily make the other reproached,
the contents and the intent being the fame, to ftir up the people to godlinefs f If this will fatis-
fy, let the Homilies beftyled Eptfiles to fuch or fuch a Church, and then I hope they will pafs
for current. But you will fay, the Compilers of our Homilies are not of equal authority to
thofe primitive Epiftlers j Let that pafs, but I am fure they are of far more authority, than
moft of our Preachers. I pray confider, how many giddy youths are of ourMiniftry, how
many of greater age but of as little gravity or difcretion j how many that v.ainly preach
themfelves and their own abilities, not Chrift and his Gofpel; how many that preach pioufly
and yet not ufcfully, bur, as I Paid before, many things unneceflary, omitting many necefl'ary :
Sum up all thcfc particulars, and you will find a fmall remainder that preach pioufly and edi-
fying alfo, very few to equal the Compilers of our Homilies; and then calmly confider the
great ufe, yea, the great necellity of fuch Homilies. But if you can furnifh all our Chur-
chcs with pious difcreet edifying preaching Paftors, I am abundantly fatisfied, and do you feal
up the Book of Homilies till a new dearth of (])iritual food, which Gcd in his great mercy
prevent, Hmen.
Concerning Bifoops and Brie (Is.
"f T\ T Hoever unbyafs'd reads the Scripture, thence proceeds to the firft Chriftian Writers
V V 2nd fo goes on from Age to Age/:an't doubt but that iheChurch was always governed
by Bijhnps, that is by one Elder^ or Prefbyter, or Prejident, or what elfeyou pleafe to call him
fet over the reft of the Clergy with authority to Ordain , to Exhort, to Rebuke, to Judge and
Cenfurc as he found caufe ; no other form of Government is mentioned by any Authority for
Fifteen hundred years from the Apoftles downwards. Now who can in reafon and modefty fu-
fpefl: thofe Primitive Bifhops who lived in the days of the Apoftles, chofen by them into the
Church, fucceeded them in Church Government, yea and in Martyrdom alfo for the Faith, as
Clemens^ Jgnntius, Poljcarpas and others, who, I fay, can fufpeft them to be prevaricators in
Church Difciplinc, and take upon them another form of Epifcopal Government contrary to
Apoftolical Inftitution. Thefe great Mafters of Sclf-denyal who gave their Lives for the Truth,
would they tranfmit unto Pofterity a Church Government contrary to the Truth ; let who will
believe it, I can neither believe it, nor fufped it : And there is yet another thing very ob-
fervable, that all the Orthodox Church difperfed all the world over, fome parts having no
correfpondence at all with the other by reafon of diftance, fome by Wars divided and made
cruel Enemies, yet all agreed in this form of Government; and not only the Orthodox, but alfo
the Schifmaticks and Hereticks, who feparated from, hated and perfecuted the Orhodox
Church, they likewife retained Itill this form ofGovernment, as ifall wereofneceftity com-
pelted to acknowledg this, having never known, heard nor dream'd of other. And therefore
nothing but necefficy, if that, can excufe thofe who firft fet up another form of Government to
their own Mafters, let them ftand or fall, I will not prefume tocenfure them ; I will only fay,
Thar from the beginning itrvas not/o,and I thank God 'tis not fowithus,but as it was at the be-
ginning, Co it is now with us, and ever fhall be I truft in God. Amen..
But notwith.ftanding all this, yet'tis very much to be doubted whether they were of any
diftinff fuperiour order from and above the Presbyters, or one ofthe lame order let over the
reft with power to ordain Elders, to exhort, rebuke, chaftife, as Timothy and Titus were confti-
tuted by St.Pu«/.Eor though they were of the lame order with the other Elders and Paftors
yet there was great reafon for fome to be placed with greater Authority to rule over the reft.
The Scripture tells us. That even in the days of the Apoftles there were feveral feducing teach-
ers,leading the people into errors and herefies,and more were to follow after theApoftles times,
grievous wolves in fheeps clothing ; and therefore it was very neceftary to pick out fome of
eminent foundnefs in faith and godlinefs of life, and fet them up on high with great Authority,
as fixed Stars in the Heavens (foftyled Revel, i.) to whom all might have regard in dangerous
times, as Marriners obferve in their Sea-faring journies.But the Scripture no where exprelfes
any diftinftion of order among the Elders, we find there but two orders mentioned, Bifhops
aftd Deacons. Of Deacons we fhall treat afterwards. Let us now proceed to the Order of
Bifliops and Priefts, which the Scripture diftinguifhes not, for there we find but one kind of
Ordination, then certainly but one Order, for two diftindl Order's can't be conferred in the
fame inftanr, by the fame words, by the fame aftions. They who think Deaconfhipand Prieft-
hood diftind, the one fubfervient to the other, though they intend in the fame hour to con-
fecrare the fame Man Deacon and Prieft, do they not firft compleat him Deacon, then Prieft ?
1 pray let any Man fhew me from Scripture (as Ifaid) Titmthy or Tittis or any one ordained
F twice.
(iS )
twice, madefirft Prieft, then Bifliop, which is abfolutely neceffary if they be dlftindl: chara-
fters,and 'tis generally aflirtned, though I humbly conceive they fcarce underftand what they
affirin, I mean they underhand nor what thefe charafters are, whether Greek^, Hebrevp, or uirA-
bkk^ or what clfe. But let that pafs, I defire them only to (hew me how a man can make two
charaftcrs with one hrokeor motion, A. and B. at the (ame inftant. If then neither Timothy^
r<T nor any other were but once ordained, whence can we gather thefe two diftinft
charafters, thefe two dilVmft Orders ? We find the Apoftlesthemfelves but once ordainedjthofe
by the Apoftles but once ordained, and fb on. When St. Paul left Tuns in Crete to ordain, he
mentions only one ordination, that of Presbyters, (lb the word in Greel0m other ; ther's no
conimilhon given him to ordain Bifhops and Presbyters. Who then was to ordain Bifhops
there ? not Titus, he had no fuch command, we do not find that St, P^a/himfelf did ? And fiire
you will not grant that the Presbyters which Titus ordained, that they could ordain Bifhops
there, for you will not allow them to ordain fb much as Presbyters ? Yet Bifhops you will
needs have in every City, and in Crete were very many, who Ordained Bifhops for them all ?
Truly I can't find, nor you neither I believe. But you will fay, The fuperior order contains
in it virtualfv the inferior order, (let this pals at prefent) doth Presbyter then virtually con-
tain Bifiiop ? If fo ; then all Presbyters arc Bifhops. No fay you, Bifhopis the fuperior order,
and that contains in it Presbyter. You fay fb, but by your leave you are to prove fo,or give me
leave to fay otlierwife, efpecially feeing I have Scripture for my ftying, and you have none for
yours. But Utould I grant Bifhop the Superior, what then ? we find Titus ordained not any
but Presbyters, as he was commanded by Sr. Paul 5 fo we are ftill at a lofs for our Bifhops, we
find nor their Ordination. Or did St. Paul miftake in his exprefPion, and meaning
every City, faid Presbyters in every City, let this pafs alfo, and I pray let us fee what you mean
by this, The fuperior order virtually contains the inferior. Do not you fay they are twodi-
ftind Orders,two real difiinft indelible charadlers imprinted in the Soul, as the School-men af-
firm (give me leave to talk their Language though I underftand it not) If I take a fair paper
and make an A. upon it for the Chara^erof Presbyter, and then make a B. upon it for the
Charadter of a Bifhop, the fame paper contains both Charaders, but fure one Character doth
not contain the other, A. doth not contain B. nor doth B. contain A. So the fame Soul may re-
ceive two Charadlcrs, two Orders, but if the two Orders be diftindl, how can they contain
each other, I underftand no more than I do thefe Holy Characters. If they can paint them
out unto me in their proper figures, perchance I may underftand them better, but as yet I in-
genioufly confefs my ignorance. I grant in a Metaphyfical way of Abftradtion, the fuperior
fpecies contains the inferiour genus. A Man, a rational creature, contains the animality of a
Horfc, the inferiour creature, but doth not contain a real Horfe in his belly, nor can a man
beget Horfes or men when he pleafcs. Nor can you truly fay a man is a horfe; 1 believe my
Schoolmen would take it in fnufFfhould I affirm any of them to be Horfes, fire. But they affirm
that a Bijhop doth not only virtually contain the Priefthood, but is really a Prieft, and can
make Prieftsor Bifhops as he pleafeth. Whereby you may fee this anfwer. That the Superior
Order virtually contains the inferiour, is a meer evafion ; it founds as if it were fomething,
but really is nothing to our purpofe at all; for we are not now upon Metaphyfical abftradlions,
but real individual fubfiftences, two adlual diftindl Orders, as they would have if, two diftindl
indelible charadtcrs imprinted on mens fouls by Ordination, as A. andB, which can never be
truly affirmed one of the other. A. is not B. and B. is not A. a man is not a horfe, and a Horfe
is not a man; fb a Bifhop ordain'd only Bifhop, is not a Prieft , npr a Prieft a Bifhop, if they
be diftindl. Wherefore I muft believe them one and the fame Order, efpecially feeing the
Scripture applies the fame name promifcuouily to both ; which is the fecond argument of thcix
identity, to be one and the fame.
Acis. 20. St, Paul fends to Ephefus to call the Presbyters of that Church unto him at MHetum,
and rpeaking to them he calls them all Bifhops (in our Tranflation 'tis Overfiers) Verfe 28. So
in his Epiftle to the Phdippians, he diredls to all the Saints with the Bijhops and Deacons, both
in. the plural number fo that by the word we muft needs underftand j for
Bifhops as we now take the word, were never many in one City. I pray obferve alfo Sr. Paul
Epift. to Titus 1. 5. For this caufe left I the in Crete—'that thoujhouldfi ordain Elders in every
City-—if any be bUmelefs—for a Bifhop mufi be blamelefs, Is it not here evident, that an El-
der and a Bifhop in St. Paul's Language b one and the fame ; otherwKe there were no cohe-
rency at all in St. PauPs fpeecb. If this be not convincing, beyond all poffible evafion, I un-
derftand nothing of difcourfe. Other fuch places are obvious in Scripture to every one,I need
mention no more ;only I defire to inform the Reader of a paiTagc to this purpofe, inanEpi-
ftleof Clemens to the Corinthians, This Clemens is mentioned in Scripture, and is he whom Sr.
appointed his fucccfFourat Rome, and who was of fo great Authority, that as St. Hierome
tells us, this his Epiftle was read in Churches; Now in th-is Epiftle C/mw particularly fets
forth the conftitution of the Church by the Apoftles, and whatMinifters they ordained in the
Church ; to wit, Bifhops and Deacons, he names no other, which fcemstome as full an evidence
as can be, that there were no other Orders in the Church in thofe days but thofe two; And yet
we are fure there was then Presbyters in the Church ; for Peter and fohn call themfelves Pres-
byters, and Sr. Peter calls them Presbyters to whom he wrote his Epiftle ; fo that if there were
but two Orders, to wir, Bifhops and Dyacons^ Prsybytfry njujft be one and the fame with Jtjkops
or
(19)
or with Deacons ; not v\^h Deacons therefore one and the fame with Bifhops; One Order called
by two names promifcuoufly in Scripture, as hath been ihewed before ; And I dcfire you to
obferve that of thofe two names and Bijkop, if there be any dignity and eminency
expreft in one more than the other, fure it is in the name of Bresbjter, not Bijhop, becaufe the
Apoftles themfelves, and the chief of the Apoft!es(as fome would have it who hand highelt
on their Pantabies) are in Scripture ftyled Presbyters or Eiders, as the word in our Englifh 1 ran-
flation, but never Bipops, as 1 remember. And therefore I can't but wonder why that haughty
head of the Papift fhould not aflumeto himfelf the title of his pretended predeceffor Sr. Pt-
ter. Presbyter rather than Bijhop, unlels it be by God's providential difpofureto (hew his blind-
ncft in this as well as in other things, and make him confute himfelf by this name of Bilhop,
which was never given to Sr. Peter, no more than St. Peter give unto him theHeadfhip of the
Church. As to the interpretations and anfwers given to thefe and fuch like Scripture expref-
fions.fure I need not take any pains to confute them j for they are fo weak as that Petavius, a
late Writer, and great ftickler for thefuperiority of Epifcopacj, durft not truft to them, nor
would venture his credit to make ufe of them,but found out a new & rare conceit,as he concel-
ves,That xhticPresbjters mentioned inScriptureand called by both namcs,wereall xcdWyBtjhops,
and that theApoftlesOrdained them ro,as moft convenient for that time; for the Congregations
of the Faithful being fmall,there needed no Priefts under the Bifhops to officiate.and yet there
was need of a Bifhop in thofefmal!Congregations,becaufe there were feveral things to be done,
which were not within the power and ca[)acity of Presbyters to aft,fas he fuppoles) viz.. the
laying on of hands, and confirming the Faithful after Baptifm, the veiling of devoted Women,
the reconciling of penitents, the ordaining Deacons where there was need ; and adds moreover
feveral impertinences, as the making of Chrifme, confccrating Church-Veflels, &c. And Pe-
mightily applauds himfelf in this conceit, as the only means to clear all difficulties:
Our Doi^ralfb finding the ufual interpretations of thofe places of Scripture a-
bove mentioned too weak to fuftain the arguments builded on them for the Unity of Order,
goes along after Petavius a great way in the foreciteJ difcourfe (though not in the later im-
pertinances) and affirms that the Presbyters\[ttx\ were all Bifoops; And fo far I go with them,
that all were Prcsbyters,-o\\ Bijhops, becaufe all was one, and one was all, feveral names not fe-
veral Orders, as they would have it, and this I humbly conceive firmly proved by my former
Argument of one Ordination, wherein two diftinft Orders could not be conferred, fothatftill
I require them to fhew me from Scripture where thefe Presbyter-Bijhops were twice Ordain-
cd, elfe it cannot be truly affirmed they were really and aftually Priefts and Bifhops. As for
that anfwer,That though but one Order was conferred, viz,. Epifcopal, yet that being fuperi-
or to thePriefthood contains this virtually in it; firft you are to prove Bijhop to be fuperiour
to Presbyter, which I deny, the Apoftles being peculiarly called Presbyters. Secondly, that one
contains the other, I fuppofe is already confuted, and fully declar'd that it cannot be ; And as I
mentioned before,you do ineffeft confefs it your (elves by your praftice; for if the Superi-
our Order fo contains the inferiour as to enable a Man thereby to aft all things belonging, to
the inferiour, it is a very impertinent thing to ordain a Man, as you do, firft a Deacon, then a
Prieft, then a Bifliop, when you defign to confer all upon him" in the famt day and hour.
And now I pray give me leave to examine a little his rare conceits, which he
conceives will fatisfy all former objeftions, and will meet with no new ones. HeconfdTes
the Presbyters of the Apoftles times were all ofone Order, viz.. Bijhops, becaufe the Paftorsof
each congregations might performTthofe feveral afts he mentions, which Presbyter is
not capable of. And why not capable of them, how doth he prove this? he brings not one
tittle of proof for this out of Scripture, where there are good proofs to the contrary. St Peter
and Sr. John, Presbyters, could do all thefe and more ; Ergo, Presbyters are capable of all. But
faith \sc,The .^pojiles vpere Bipops alfo ; alfo isimpertinent,asfignifyingfomewhatelfe ; whereas
I fay and prove 'tis one and the fame Order, only another name, it lyes upon him to prove
this difference of Orders ; and how doth he prove it, becaufe Presbyters can't do the afts of a
Bijhep ; why ? this is the thing in queftion ; and thus he runs round to prove this by that, and
that by this; and not one tittle out of Scripture for either. I know full by feveral Canons Qf^
Councils made fome at one time, fome at another, the Bijhops rcCcvved many things to them-
felves, whereof moft of them had been praftifed formerly by Presbyters, and the Canons were
made to prevent the like for the future ? for had,there not been fuch a praftice there had been
no need of fuch Canons,whercby they referved thefe things unto themfelves,and for their own
greatnefs would needs perfuade the World, that Presbyters were not capable of them. I grant,
that for decency and order in that fence, fome things may be referved to fome, other things
to others to perform, but that the Order of was not capable, is even ridiculous
that the Pnejlhood being capable to do the greate'fl; things, ffiould not be capable to do the
Icaft ; he can confecrate the Souls of Men by Baptifm and the Lords Supper, yet (forfooth)
can't confecrate their Oyl, and their Cups, and their Candlefticks,which we never heard the
Apoftles did or dream'd of, but are the fond dreams of doting Men, juft like the
walking cups and platters after the doftrmes of men. Really there needs no better confutation
of their diftinftion and fuperiority of Epifcopal Order,than the mean ridiculous things which
they afcribe unto their Bifhops, and debar Presbyters of, which my thinks a Presbyter ffiould
contemn were they offered him; and therefore fuch Arguments as thefe are not worth the
fhiall pains I have taken about them, I proceed
(20)
1 proceed to fomewhat that feems a little better} tells us, That the number ofCbri-
f>ians encrealing, and fadions arifing in the Church, the Apoftles at length towards tlie end of
their times, chole out of thcle Vresbyter-Bijhops, fome chief Men and placed them as Governors
over the reft, and referved unto thefe principal Men the power of ordaining } thus far I freely
confent, the Scripture declares it, and it feems moft Rational. And I humbly conceive thefir
Governors, and Ordainers were Men of great prudence and moderation, and probably had alfo
that gift of the Holy Ghoft, The difcerniKg offpirits, and judging of Men ra gift mentioned in
Scripture among others) that none might be admitted into the Priefthood b^ut Men of meek
and peaceable fpirits. But now I would ask Petavim, when thefe Governing,Ordaining Bijhops
were fet over the reft of the Presbpter-Bijheps, when Ttrm was firft fettled with his Authority
in Crete, and when Tmothj was thus placed at Ephefta, where we find before were feveral Pres-
byter-BiJhrps, what became of them were they un Bifhop'd, and made fimpfe Presbyters^.
they muft tio more ordain or govern, but be fubjedi to Timothy and Titpu. lam fure it was
thought no fmall puniftiment in future Ages,when Bilhops were thus by decrees of Council abaf-
ed, and caftdown unto the Presbyter form, and it was for fome notorious crimes. I pray what
crime were all thefe Presbyter-Bi/hcps guilty of, to be thus handled and tumbled down into a
lower form? Truly Petavitu deals hardly with them, unlefshe can Ihewus their Crhne. Or
will he inftead of accufing them, excufe himfelf, and fay they were not un-Bifhop'd nor abafed,
but only rcftrained from exercifingthat power their Order was capable of, had they been com-
milfioned thereto. Truly I muft commend Petavim, if he will thus ingenioufly eonfefs the
truth} for I fhall by and by fully declare, that 'tis the diverfity of CoramiflTion, and not of
Order, that enables men to adt diverfly, and that a Bijlsop without Commiffion, can do no more
than a Presbyter without Commiffion } and therefore I farther beg ofPetavins, that, till be can
prove the contrary, he would eonfefs them alfo to be all of qne fingle Order, called only by
divers names. Priefi or Btjhop, and one chofen out of the number, not the reft abafed, but he
exalted with Authority to Govern : This is the rational and common pradticeof all Societies,
Corporations, Collcdges, Monafteries, Conclave of Cardinals, what not} There is no new or-
der fuppofed in any of thefe, but only a new Eledtion, and a new Authority given, according
to the fundamental conftitution of each Society. The Pope himfelf with his triple crown and
triple dominion over all Patriarchs, Arch-Bifhops, Bifhops, pretends to have no new Order, of
Popefhip, but only the new Asthority conferred by his EleAion: why then imy not Presbyters,
chofen to prefide over the reft without any new Order, do the like. And for this very reafon
I conceive fufiin Martyr ufes the name of PreJident always for Bijhop-, and Sr. Cyprian alfo, a
Bifhop himfelf, and moft glorious Martyr, he calls himfelf and other Bifhops generally by the
Name of Prapofitus, as if this were the main diftindtion betwixt himfelf and his Presbyters,
that he was Prapojitusonly, one of them placed with Authority over them: no more: Nor
doth the name of Bifhop in the original fignifie any more than an Overfeer of the
reft. And as for the avoiding of Hcrefies and Fadions, they thought it meet to fettle fome
Bifhop of great foundnefs in faith, and godlinefs of life, with Authority to reftrain and chaftife
diforderly Paftors. Juft fo, when whole Nations were converted, and not only thePaftors,
but the Bifltops alfo (who had overfight of the Paftorsj encreafed in number, then for the
fame Reafon it was thought fir, there fhould be an Overfeer of the Bifhops, and be called an
Arch-Bifhop} when the Arch-Bifhops were multiplied, then another fet over them, and he
called a Patriarch} and at laft one over the Patriarchs, anddie call'd Papa a Pope Cat'exochen,
though Papa before was a name attributed to other Bifhops. Now as Pope, Patriarck^ Arch-
Btjhop, Bijhip, are all one and the fame Order (Papifts themfelves grant this) fo Bijhop, El~
• der. Presbyter, Prtefi, are all one and the fame, only one of thefe fet over the reft, and he now
particularly call'd Fpifcupm, that is, Bifhop CaPexochen, becaufe he overfees the Overfeers:
but this laft conftitution only is Apoftolical, the other of Arch-Bifhop, Patriarch, Pope, are
mere humane, not at all mentioned in Scripture.
But now another Objeftion arifes, Petavias grants that all the Elders which the Apoftles
Ordained were Bifhops, and towards the end of the Apoftles days they fet fome eminent amongft
them over the reft to govern and ordain Elders in every City, as Timothy dnd Titus, and thefe
Elders in every City were Bifhops, and thus the Apoftles left the Church with Bifiiops only
and Deacons. And this is evident by what 1 brought before out of Clemens, who lived after the
Apoftles days, and mentions only Bifhops and Deacons left by the Apoftles. This being fo ,
I defire to know whoafter the Apoftles days began this new kind of Ordination of Presbyters
J or not the Apoftles Ordained none fuch } who then ? and by what authority
was this new Oroer fet up ? the Scripture mentions it not} when and by whom came it in ? A
very bold undertaking without Scripture or Apoftolical pradice.
I will not boaft my conceit as Petaviw doth his} only I wifh the Reader to confider,
which is moft Pradical , moft Rational, or rather moft Scripftural, thereon I frame this
whole Fabrick as the Rock and only fure Foundatiou } humane brain is too weak to ered;, and
to fupport the Fabrick of the Church of God, which the Romanijis have made a very Babeiys'xtlx
their humane Inventions and multiplied Charaders and Orders} fome of them would have nine
leveral holy Orders in God's Church militant here on Earth, becaufe there are nine feveral
Orders of coeleftial Spirits in the Church Triumphant in Heaven. This is a Caftle of their
own building in the Air, a rare foundation for God's Church. Others will have feven fe-
veral
}
<40
Vcral Orders and Charartcrs as feven Gifts of the Holy Ghoft. Hath the Holy Ghon: then but feven fc-
veral Gifts to confer on Men? St. lUuL i Cor. 12. counts untousninej not as if thcfe were all, but
only for example fake, tofhewus that many and divers Gifts are conferred on us by one and the fame
Spirit; and in the conclufion of the fame Chapter he mentions eight. Thefe things were uttered accidcn-
tally according to the occafion, not as limiting the Gifts of the Holy Ghod to any fet Number. But if
you will farther look into their application ot thefe Gifts of the Holy Ghod, and fee to what kind of f'-
vcral Orders they appropriate them, it would make a Man amazed to fee fober learned Men, even thac
great Wit and Scholar Aquinas., difcourfe in fuch wild manner; as ciid you but dand behind a Curtain to
hear and not fee them, you doubtlefs would conclude you heard fome old Woman in the Nurfcry telling
her Dreams to Children, rather than Divine Dodiors in School. Tie name but one or two of their Order.
The Porter of the Church Door is one, and (he forfooth) hath a Sacred Charatfter imprinted on his Soul
and his Gift is the difcerning of Spirits, that he may Judge who are fit to enter into God's Church, who to
be fhut out. Another of their Orders in that of Acolothi, who arc now (anciently ihcy were quite dno-
ther thing") certain Boys carryin^Torches, and attending on the Bifhop faying Mafs i thefe have their Cha-
raflersalfo, and their Gift of the Holy Ghod, is the interpretation cfTongaes, fignified fno doubt on't)
by the Light in their Hands, but undcrdand no more of Tongues thanihe Stick of their Torch. 1 will not
weary you with more of their Abfurdities.
Our Epifcopal Divines rcjetfliiig thefe Chymerical fancies of Orders and Charatflers, fuppofe it to be
a certain Faculty and Power conferred by the laying on of Hands for the exercife of Minidcrial Duties;
and according to this purpofe and fupcrior Order contains the Infcriour, as the greater Power contains
initthelefs: Thus being the fupcrior Order, contains in it Priedhood and Dcaconfhip, thcfe
three are their fuppofcddidindOrders. They may fuppofe this if they pleafe, and I may fuppofe the
contrary; But 1 would gladly know on what Scripture they ground this difcourfe, that'sthc thing! dill
require; and there we find nolarger Faculty or Power given to Btjhops, but rather to Presbyters, as I have
fhewcd, the Apodlcs whohad thegreatcd Power being diled 'Presbyters, not Bijbops, And when our
Bijbops 60 Otdixn Presbyters, do not theyufe the very fame form of words which our Saviour ufed when
he Ordained the Apoflies ? Receive ye the Holy Ghofi: whofefns ye forgive, they are forgiven, &c Do
they not then by the fame words confer the fame Power ? (for I hope they ufe no Equivocation, nor men-
tal Rcfcrvation) if the Power be the fame, the Order is the fame by their own Rule. Again, let us ex-
amine their own Praiflice; Do they not require a Man fhould be ordained firft Deacon, before he be or-
dained Pried, and Pried before Bifhop? what needs this, if the fupcriour contains the infcriour. But
in Scripture we find it othcrwife, Timothy who long officiated under St. Pa/das a. Presbyter, when he
was ItkatEphefiis, and fo when Titas was left at Greet, Both to be Bifhops, we find no new Ordination;
were this rcquifite, fure the Scripture would have given us at lead feme hint of it, but not one tittle there.
But if the Scripture be defedive in exprcffions, you will fupply it by the c.tprcffions and praftice of the
Church in firdfuccccding Ages.
Before you go on and take much Pains to fhew mc this, give me leave to tell you, that I fhall not cafi-
ly recede from Scripture in fundamentals, cither of Faith or Church-difciplinc, in things indifferent of
themfelves, or in more weighty matters very doubtfully cxpreL't in Scripture, I fhall always mod tea-
dily fubmitto the interpretation of the Primitive and Univerfal Church; I require both Primitive and U-
niverfal; for I fhcwed before, that in matters of Faith there were fome errors very primitive, ycc
not continued by the Univerfal Church, but rejected in fuccecding Ages. And at the time of the Evan-
gelical Reformation by Lnther,A£elanSion, Calvin, O'c. I can fhew you fome errors generally received in
mod, if not in all the (ihurchcs ofChridendom, but neither approved nor known by the Primitive Church:
wherefore I require what you produce, fhould be both Primitive and Univerfal, and this to interpret
fome place of Scripture doubtful in it fcif, not plain. Now as to the Bufinefs in hand, Fcan't yield that
the Scripture'is very doubtfull in it, or fcarce doubtfull at all; for though in Scripture 'tis not inter minis
faid, Presbytery & Epifcopacy are both one and the fame Order, yet the Circumdantial exprcfllons are (as
i have fhewcd) fo drongand many, that they are equivalent to a clear exprcffion, in terminis. Secondly,
this is not amatter ofany indifFerency,but of vadand dangerous confcquencc, if miflaken, thata Church, 1
without fuch Bifhops as you require, can't be truly called a Church, and fo we fhall exclude many Godly
Reformed Churches: For if Bilhops be offuch a fupcriour and didindorder,asyou Pretend, if the Pow-
cr of ordination be inherent in them only, then where no Bifhop no true Pricds ordained, where no Prieds
no Sacraments,where no Sacraments no Church. Wherefore I humbly befecch you, be not too Poficive in
this point, left thereby you do not only condemn all the Reformed Churches, but the Scripture and Sr.
Paul alfo, who tells us, That the Scripture is fufficicnt to make us wife unto Salvation, both in matters
of Faith and in Works alfo, to inftrud^ and throughly furnifh us to every good work: and will any deny
this of Ordination to be both a good and ncceflary work.fceing that the Powerful! preaching the Word and
adminiftrationof the Sacraments depend upon it. Wherefore 1 dare not by any means fufpeO the Scripture
defedivc in this weighty affair. Yet to fhew you our willingnefs to hear all things, let us hear what you
can tell usfron? Antiquity.
The firft you bring is Epiphanius, 300 years after the Apoftlcs, from whom the main Objccflfon is
drawn againft the Identity of Order, and fhoc as a Cannon Ball againft us beyond all poffi-.ic rcfiftance,
but you will find it to be a meer Tennis- Ball. Epi[hanius making a Catalogue of Hcreticks, puts in tAiri^
nr'forone, who v/as an Arrian, and moreover held that Btjhops and Pnejis were all of one Order, and
of equal Dignity and Authority, and that a Presbyter had power to Ordain, Confirm j and in fhort, to a<ft
G any
W)
any thing equal with a Bifhop. That he was an Herctick is apparent, being an Arrian; nay, I fltall not
fcrupic to yield unto you that he was an Herctick in this his aflertion concerning Eptfcopacy.iz Presbytery,
(as we now underhand them;) 1 fay, the Affcrtion contains Herefie in one part, but not in eve-
rypart, That the Bifhop and other Presbyters arc of equal Authority and Power to ad: this may,
in foiTie fcnfe, be called Herefie, for it is againft Apoftolical Conftitution declared in Scripture, there^
fore an Herefie; and if you can fljew me in Scripture as much againft Identity of Order; I fhall brand
him for an Herctick in that alfo ; but being fare there is no fuch thing in Scripture, there can be noHcre-
lie in affirming thcldentity. I fully agree with we can make no judgment, de rebus Fidei, mji
ex literis-fidei^ of matters of Faith, but from the writings of Faith, thatis, the Scripture, and therefore
I fhall never be pulled from this Pillar of Truth. The Scripture is our compleat Rule of Faith, no Dpi-
nion is heritical and damnable which is not againft that. Now, Good Reader^ I pray take notice that
piphanius was a very Godly Bifhop in the main, but yet a very cholerick Man, as appears in that his fierce
Conteft with blQiopoi Confiantinople, and his bitter exprcffions therein, whichfl do not mention in
difparagement of this holy Man, but only to give the Reader a caution t^o rtynember, that paffionate Men
do fomctimes cenfure more feverely than there is caufe; Epiphanius being a Bifhop, and finding the au-
thoriry and dignity of much difparaged by being an Herctick, fal/suponhim
fh 11 ply for this his Opinion alio, wherein he was in part much to be condemned, as I freely confcft be-
fore, but not in the yery Point now in queftion ; nor doth himfelf condemn him in this parti-
cularasan Herctick, but only in thegrofs, to which I freely give my vote. But you will tell me, that
a Man of a far milder Temper, St, in, doth alfo enroll among Hcreticks. I know it well
but I defire you to know that Sr. doth not4ay this to his charge as an Herefie, for he faith only
thus ; cxErins alfo was an Heretifk, for befell into Arrian Herefie^ and he added fame Opinions of his own -
then St. recounts fcvcral of his Opinions, , whereof this was one, that he affirmed there was no
difference between a and a Presbyter-, where I pray you obfervc, St. ^ujlin gives us the rcafon
why he ranks him with Hcreticks, becaufe he fell into the Arrian Herefie ; then follows. And
he added fome Opinions of his own : St. calls thefe Opinions not Herefies, for he doth not fay he
added more Hcrefics of his own. Secondly, I pray you obferve, St. makes no mention ofhisaffir-
ming the Identity of Order, but only this, that there was no difference at all between Bifhop and Presbyter
wherein I will condemn iAirius as well as you. But as for the Identity of Order, 'tis well known that St.'
Auf in is noted hy Medina, a Papift writer, and others, to incline to this Opinion; but for my part'
1 think the words quoted from St. A^^Jii" do not cxprefs any Opinion, one way or other to this purpofc*
but are only a Complement to St. Hierorn, who was but a presbyter; yet in humility St. Auftin being
a Bifhop, acknowledges him to be hisfuperiour in many things. But I defire you to take noticcof ano-
ther very remarkable and moft worthy PaffagcofSt. Aujiiny^ho tells us plainly we arc not to read
him, or any other Author, eyer fo holy, or ever fo learned, with any obligation to fubmit to his or their
Opinions, unlefs they prove their Opinions by the Scripture, or convincing Rcafons- So then, had i^ri-
m been declared both by Epiphainus & St. Aufiin alfo, to have been a Herctick in this very particular of
Identity of Order, yet they bringing neither Scripture nor any R eafon at all, but mcerly a bare narrative
of zArius and his Opinions, not fo much as calling his Opinion in this particular Herefie, much lefs of-
fering proofs for it; by St. Aufiin's Rule wc may, with great civility to them, and great confidence in the
truth, ftill affirm the Identity of Order.
But how Willi anfwer that Objeflion taken out of St. Hierom, who, fay you, was as grcata leveller
of Biffiops with Priefts as any (and therefore whatever comes from him, you may be fure is extracted
from him by the Powerfulncfs of undeniable truths yet he confeffes that Bifhops have the authority of
Ordination more than Presbyters. A Man may fmile to fee this ufed as an Argument for the Prehemi-
ncncy of Bifhops, which is diredfly againft it: For St. having difcourft of the quality and Idcn-
ty of Pifcsbyters and Bifhops, and having brought many Arguments from Scripture to prove that Bifhops
and Presbyters was only two names from one and the fame Office; for a further confirmation hereof asks
this Queftjon, I pray what doth a Bifhop do more than a presbyter except Ordination ? Plainly intimat-
ing thereby, that this could make no fuch diftin<flion ofEminency in them above Presbyters: Ibefeech
you confidcr, Do not Presbyters perform Offices of an higher nature than Ordination.? Presbyters nxc
ordained Ernbaffadors for Chrift, to preach his Holy Gofpel for the falvation of Souls; they arc under
Ghrift, Mediators between God and the people to make interccffion for them ; they adminifter the Sa-
crament of Baptifm, whcrejn the Children of wrath are regenerated and made the Children of God and
Heirs of eternal Life; yea, they adminifter the Sacrament of the Lord's Supper alfo, the moft tranfcen-
dentadqf Religion and Chriftian Dignity, whereby we are made partakers of the Body and Blood of
Chrift: And what doth a Bifhop more than thefe except Orditiation ? which being no Sacrament, furc
is inferiour in dignity to the other mentioned Ails, and therefore caijnot elevate them to a higher degree
Judge now, J befeech you, whether this queftion makes pro or con jl-^ Arc not fuch qucftlons always tend-
ingto difparngement? When any Man is boaftinghis Power and Authority, fhould I come and ask
What can you do more than others, unlefs it be in this or that poor bufinefs not worth fpeaking of?
would he not take this as an affront ? Wherefore it cannot enter into my Head,, that St. F/ierom intend'
ed by rhis Queftion to cxprcfs any fi periour Order above the Priejlhood, %itphin]v the contrary, viz
That Bifhops having no other Power diftinif from Prif ft but Ordination, this could be no Argument for a
diftindand fuperioar Order. And now I defire myif he underftand Latin, to view the Epiftic
pf Sc. Hitrom to Evagnus^ and doubtlefs he will wonder to fee men have the confidence to quoteany thing
out
(43)
out of it for the diftiruflion between £pifco^acyzx\di Presbyteryy for the whole Epiftlc is to fhcw the
Identity of them. Before I chanced to read this Epiftle, I was of the erroneous Opinion, that Bi-
(hops were a diftinft Order, but fo convinced by this Epiftle, as I was forced- to fubmit to a change :
And I farther dcfire my Reader to obferve the various fate of 5t. Hisrom and 'yP.rms: ty£rtHs is reviled
as an Heretick for affirming this Identity of Order; Hierom pafTcs for a 5aint, and a great Do(ffor of
the Church, though he affirms the very fame as fully as t/£riHs, or any Man can do; and therefore
it may be my fate to be reviled as i/^rins was; but our Saviour bids us rejoyce and be exceeding
glad when we are reviled for Name faks, (or for his Words fake, fure all is one) fo»- great is
our Reward; and fo I proceed.
But there lies yet a great Objedfion made by our good Bifhop//«//; he tells how that Caduthns a
Presbyter of Alexandria., took upon him to ordain others; and that afterwards, in a Council of an
hundred Bifhops in Egypt, their Ordination was declared null, becaufc ordained by a Presbyter: From
this and fome other fuch infiances, the Bifhop would prove, that the Order of Presbyters is not capa- '
ble to ordain, therefore Mijbops arc a diftin(ft Order. I am forty fo good a Man had no better a
proof for his intended purpofc. It feems he quite forgot how that the famous Council of Nice,
confining of above three hundred, made a Canon, wherein they declare. That if any Bifhop fhould
ordain any of the Clergy belonging to another Bifhops Diocefs, without confent and leave had of that
Bifhop to whofe Diocefs they did belong, their Ordination fhould be null You fee then the irregular
Ordination o^tiBijlsop is as null, as the irregularOrdination of a ; therefore the irregular
Jbop, and the irregular Presbyter are of the fame Order, of the fame Authority, neither able tci Ordain. Is
it not mod evident by this, that 'tis not their Order but Commilfion that makes them capable to Ordain^
fure an irregular Bifhop is of the fame Order with the regular; Is the Line of his Diocefs like a Con-
)urers Circle, within it he is a Bifhop," without it he is none. No, but within it he hath Commiffion gi-
ven him to Ordain, without it no Commiffion, no nor to ad: in his own Diocefs beyond his Commiffion,
which is to ordain only the Clergy of his own Diocefs, and within his own Diocefs. Can any thing be
plainer? then being but a and under the jurifditdion of the Bifhop of Alexandria^
his taking upon him to ordain Presbyters, was highly irregular and infolent, and therefore mod juflly de-r
clarednull. 1 dcfire the Papiftical School-Divines, with their manifold indelible Charaders to obferve
here, how eafily the Councils dafht out the indelible Character of Presbyters imprinted on the Souls of
thefe Men irregularly ordained, they made a clear rafure.not one tittle of it left. And could they fo eafily
cancel the Gift of the Holy Ghod ? 1 leave my School-men to find out how this rare feat was done.An4
I proceed to add a Canon taken from a Council at Antioch concerning Chorepijcopi,n\uch to our purpofc.
When the Apoflles had fettled Bifhops in every City, with Authority of ordaining and governing
'the fcveral Churches or Congregations within the Circuits of thofe Cities; fome were very large, and
therefore in procefsof Time, when more were converted to the Faith, and the Congregations cncrea-
fed more in number, and at greater diftancethan the Bifhop himfelf could well have the overfight of,
the Bifhop chofe fome principal Men for his affidance ; and dividing his great Circuit into fcveral IcfTer
Circuits, placed thefe Men as Overfeers under h'lm ; and thefe were called Chorepifcopi, that is. Country
Bifhops, and were much after the manner of our Rural Deans." Thok Chorepifcopi, Country Bifhops,
being thus fettled in Authority to govern the Padoral Prieds in their Circuits, took upon them to Or-
dain more Pricds when occafion required, which the chief Bifhops took very ill at their hands, as a
great lefTening to their Supreme Authority. And to prevent it for the future, a Canon was made in
the Council of Antioch, about the year 340. to forbid thefe Country Bijhops to ordain any Priefis.
Now I pray you obferve, Thefe Chorepifcopi were either really Ordained in the Order of the Chi f Bw
fljop, or not; if they were as full as he, (as really they were) why might they not ordain
as well as he? The chief Bifhop anfwers, Becaufc he gave them no Commilfion. Whereby you fee
that the Power of ordaining Prieds was annexed no more to Bifhops than to Prieds, unlefs the Bi-
(hops received anew Commiffion to ordain, as well as a new Ordination. If it be anfwcred, thaf
thefe Chorepifcopi were mcer Prieds fent forth to have infpcftiononly over other Prieds; Then 1 pray
obferve, that thctcChorepifcopi being mcer Pricds, took upon them to ordain other Prieds; which
certainly had been madncfs for them to do, had they then fuch a Belief of Bifhops as is now required.
They might as well have undertaken to create Stars in the Heavens: For if Bifhops only have received
a Divine Power from Chrid and his Apodles to ordain Prieds, he that hath not this divine Power of Or-
dination, can no more Ordain a Pried, than a Man without the divine Power of Creation can create a
Star; both are impoffible in nature : from whence it mud follow, that thefe Country Bijhops were direfjly
mad in undertaking to ordain Pricds, having received no fuch divine power from Chrjd, his Apodles,
or their SucccfTors: But if we take thefe Country Bilhops for fober godly Perfons in their right wits
fas doubtlcfs they were, being felcf^cd for that Office) they mud needs believe that being Prieds a-
lone, they had power to ordain other Prieds; and alfb believed, that the Bifhops having made them
Overfeers and Governors in their little Circuits, they had alfo received thereby Commiffion to or-
dain as well as to govern, and were as little Bifhops under an Arch-Bifhop; for fuch really they
were; fo that I can't in charity eenfurc them fo much, as of contumacy in taking upon them more then
fthey thought at lead) they had commiffion to af^c I .doubt rot but the chief Bifhop would be
wary enough not to employ any contumacious perfons. I conclude then, fird, That it was only a
meer midake, an cafie and pardonable midake of their Commiffion. Secondly, That in tbofe Times
it was not thought an imppflible thing for bare (no fiilhpps,) to ordain other Prjcfi?, for then
Q i
certainly they would ncVer harJ'e undertaken it. And I ccnfcfs my Telf of their opinion ; and can't but
fo continue till I fee more reafpn to the contrary.
And I hope my Redder W\\\ fee what,weak proofs arc brought for this diftinilion and fupcriority
of Order; no Scripture, no Primitive General Council, no general Confent of Primitive Dodors
and Fathers, no not one Primitive Father of Note fpeaking particularly and home to our purpofe.
Only a touch of Epi^hanius and 5t. upon the ^m<j« Hcretick, but not declared, nonoc
by them, an Hcretick in this particular of Epifcopacy; fo that I my felf declare more particularly
againll him then thefe Fathers do, accufinghim of Herefie in part of his affirmation concerning Ei-
/hops, though not in every part.
1 fhall conclude this bufinefs by giving my poor Judgment drawn from the preceding Arguments. I
find in Scripture that the Priejihood is a holy Order, into which no man is to thruft himfelf unlefs he be
called; I do not find that Deacon/hip hath an inferior part in it, or Epifcopacy above it, but that it is com-
pleat and entire in it felf, and that it may involve many Adminiflrations in one and the fame Order, and
foraetimes many in one and the fame Perfon. St. wasan Apoftle, an Evangelifl, a Prophet, a Pa-
fior, a Teacher, an Ordainerf which we call Bifhopj all thefe gifts he had by one and the fame Spirit,
and in one and the fame Priefthood. Chrift himfelf was of this Order, a Priejifor ever after the Order of
JiEelehiz.edtht that is, both King and Pricft, thefc were his Offices; he is called alfo the Eijhop of oar Soals:
was this in Chrift a diftincH: and fuperiour Office or Order to his Pricfthood, who will prcfumc to affirm
this ? And Chrift told his Apoftles, As my Father feat we, fo fend I yea; Chrift therefore made them al-
foKin£sar\d PrieJIs, as St. fohn tells us. Rev. i. Our Saviour's Kingdom was not of this World; no
more was that of the Apoftles. Our Saviour's Office ofPm/and was one and the fame, fo was
ihat of the Apoftles; and they Ordained and fcnt others, as Chrift Ordained and fcnt them ; there was
no diftintftion or divcrfity of Order in Chrift and his Apoftles, no more was there in thofe, who were
Ordained and fent by the Apoftles, though there might be divcrfity of gifts or Adminiflrations; all were
rot Evangelifts nor Prophets, fome had the Gift of Tongues, fomc of Prophefie, fome of Miracles,
fome of difccrning Spirits; and fome fuch Gift I conceive they might have, whom the Apoftles conftituted
fupcrintendentOvcrfecrs, Bifhops over the reft, endued efpecially with the Gift of Difcerning Si Judg-
ingof Men, and therefore fit to be cntrufted with the Ordaining of others, for which there needed no
new Order, but the enlargement only of their Commiffion to Ordain, tooverfeeand govern thofe that
wercOrdained, Andthefc, as I faid before, being fettled in this eminent manner over the reft, were
called by that name in C/reeitwhich fignifies as much, and which wein Englifh callBifhop; and by de-
grees this name was wholly appropriate to them. In this Order the Apoftles left the Church at their
Death, and in this Order their fucccfTors continued it fas indutyfure they ought J from time to time
near one thoufand five hundred years, without any interruption. Wherefore for any to alter this way
of Government, or to take upon thcna to Ordain, not being chofcn this way to it, they would be guilty of
great rafhncfs and high prefumption; and I thank God, lam as zealous for the preferving thisprimi-
tivcway, asanyMan; Yet I cannot by any means confcnt to them, who would have that Epifcopacy to
be a diftind Otdcr, for the Rcafons before given; nor can I think the Ordination of a Pricft made by
Pricft invalid; for though it ought not to be done, (but on ncccflity) yet being done'tis valid, and cer-
tainly may without any crime be doneby any Pricft, by fhipwrack or any fuch chance caft into a Country
where there were none Commiffionated to Ordain; in fuch a cafe he might and ought to Ordain other fit
Perfons for the Service of God, and Preaching of the Gofpcl. For who can doubt but that the fubftancc
is to be preferred before Ceremony ? And as St. Paul approved of the Preaching of Chrift out of envy
rather than no Preaching ; fo doubtlefs to Ordain out of order is better than no Ordinati-
on, and the Church of Chrift be deprived of Preaching, Praying, and Adminiftring the Sacraments,
and all other Paftoral Duties; fo great ncccflity may well excufc any irregularity: Yet where Order
can poffibly be obfcrved, it oughtto be, for God is the God of Order: Wherefore he that wilfully tranf-
grefles againft Order, tranrgrefTcs againft God, and (hall reeesve to himfelf Damnation: for if to rcfift
the Ordinance of Man only in humane and temporal things be damnation, much more is it to refill an
Apoftolick Ordinance in things Spiritual and Divine.
HAving thus ll,tcd and nniitd the two pretended d.ftinft Orders of I
now proceed to the third pretended Spitiraal Order that of . Whether th.s of £«-
eaato be properly to be called an Order or an Office, 1 wdl not difpme; but certamly no Spiritual Or-
der ; for tLlr Office was to fetve Tables, as the Scripture phrafes it. which in plain Englilh is nothing
elfe hutOvcrfccrsof thePoor, to diftrihutc juftlv anddifcrcctly the Alms of the Faithful, which he
AdoBIcs would not trouble themfclvcs withal, left it (hould hinder them in the Miniftration of the
Word and Prayer. But as moft matters of this World in procefs of time deflea much from the ongi-
nal conftitution . fo it fell out in this bufinefs; for the Bifhops, "ho P'etend to he fucceirors to the A-
Softies, hylittleandlittletookto therafelves the difpenfation of Alms, firft by way of Inrpt^on
over the Deacons, but at length the total Management; and the Deacons, who were m«r Lay-Offi-
wrs, by degrees crept into the Chutch-Minifttation, and became a reputed Spmloal Order, and a
Deacons,
oecclfary
(45)
ncccflarv degree arid ftep to the Prieflhood, of which I can find nothing in Scripture and the Original
Infticution, not a word relating to any thing but the ordering of Alms for the Poor. And the fi''"
find of their offi iating in Spiritual matters, \s\r\Juflin Martyr^ who lived in the fecond Century, he
relates, that when the Bifhop had confecrated the Bread and Wine for the Lords Supper, the Deacons
took it from himi and delivered it to the Lay-Communicants there prefent, and carried it alfoto the
Faithfull that were abfent, hindred, 1 guefs, from coming by ficknefs, or fome other good excufing
In the beginning when the Congregations of the Faithful were fmall, the Bifhop himfelf delivered the
Communion to them;but at length increafing to great numbers,'twould have taken toomuchof their tinne
for the to have delivered it to the whole Congregation,; fo the Deacons were made ufeofas fit
Perfons for this matter; for in thofe days there was always a Communion in the AflTemblies on the Lords-
Day, and the Laity that Day brought their Alms and Prcfents with them, which were delivered unto
the Deacons to difpofe of to the poor by the Bijtjops direflion, and therefore the Deacons receiving from
their hands their charitable Bfcnevolence, were thought the fitteft toreturn again to their hands the
confecrated myflcries being part of their offerings. But'tis evident that this was not yet come to be a
general pradliccofall Churches, but only in Greece whcxc Jufiin Martyr lived jfor Tertullian who lived
\x\ Jfrkkiom^ years after declares that the cuflom there was, to receive the Bleffed Sacrament
from the hands of the Bijhop only, whom he calls the prefident, thatis, whofoever was chief in the
Aflembly whether Btjhep or i'resbyter : But yet I confefs that this cuflom of the Deacons delivering the
blelTed Sacrament, or at leafl one part of it, viz.. the Chalice, by degrees became the cuflom in mofl
Churches in after Ages; and fo pafTing from one thing to another, in time they came to adminifler the Sa-
crament of Baptifm, and at lad to the Minidration of the Word, the bufinefs which the Apoflles peculi-
arly referved tothcmfelves, and which the i?f/l)<7prairo for a longtime refcrved fo intirely to themfclvcs,
as it was thought a great infolcncy for any, even for the to take upon them to Preach in the
prefence of the Bilhop. Fallerms Bifhop of Hippo{p.s Pojjideus relates ) was fharply rebuked by his feb
low for fuffering St. yiaflin., then b\it a. Breibyter., to Preach before him. I know fometimes it
was fufpLred alfo in other Churches, but very rarely, where the Bifhop himfelf was of w eat abilities
for the work, and had fome Presbyters under him very Eminent. And fo it was with Bijbop Valltrius and
St. Aufiin., a Perfon of great note in thofe days. And thus you fee in procefs ol time how flrangely
things alter from their original inflitution .* the Bijhops omit preaching, and become fervants of TaWes,
and the Deacons from ferving of Tables dep up into the Pulpit and became preachers. But Petavius
takes upon him to prove Deaconfhip a Spiritual Order, and brings us a more early author for it than yuft-
itiy th^t noh>\e Martyr mentioned before, Jgnatiuf, who in his Epiflle 7V<!/A", calls Deacons (as Pe-
tavim conceives) Minidcrs of the Myderies of Chrid, Here I find that, which I often lament, learned
men to go on in a track one after another, and fome through inadvertency, fome through partiality take
many palTiges of ancient Authors quite different from their meaning, as here, all following the firft cr-
roneous Interpreter ofWhoever firft tranflated this Epillle of Jgnatiusy fure this fancy of
Deacons ran much in his head, otherwifehe could never have found them here, for 'tis evident the word
Diaconus in this place relates to the Presbytery newly before mentioned, telling the People they ought to
be obedient to the Presbyters,as to the Apofties of Chrift ; (then follows) Te miej} therefore pleafe themin all
things, being Minifters of the Myfleries ofChriB. Mark 1 befeech yoUyTon mttfi therefore ; is not Therefore a,
particle relating to what went before, viz.. to the Presbyters, otherwife the fpeech is very abfurd. Should
I fay. Presbyters are as the Apodles of Chrift, therefore you muft in all things pleafe the Deacons, were
it fence.? no, butjuft. Dens in coelo, ergo^baculus in angulo •,hut to ^ay the Presbyters areas the
therefore you muft pleafe them in all things, being the Minifters of the Myfteries of Chrift, as the Apo-
files were; this is very good coherent fence : and fo run the wotds of Ignatius; but the weak Interprc-
ter miftaking the word Diaconus, ran into this error, and many Learned Men, without any confideration
have run after him. I grant the word Diacouos is often fct for Deacons fpccifically diftinguifht from Pres-
byters; but'tis very often fct for all Minifters in general, Apofties, Bilhops, Presbyters, as you find
frequently in Scripture. St. PW in one Epiftle, viz.. the Cor. twice ftyles himfelf and other Apofl-
les, Diaconus. And I do the more wonder at the Interpreters miftake in this Place, becaufe by the fol-
lowing words Ignatius here excludes the fpecifical Deacons, faying, Not the Minijlers of meats and drinks.
Now we know the fpecifical Deacons wereminifters for meats and drinks to the Poor ; it was their pro-
per work, for this very end they werechofen, and for no other, as appears evidently in theand
therefore Ignatius faying, Not the Minifters of meats and drinks, direcftly excludes fuch Deacons) and
the word Diaconus muft neceffarily be taken in the larger fence, and relate to the presbyters before men-
tioned, therefore pleafe them in all things being the Minifters of the Myfteries of Chrift, not of meats
and drinks for the Poor. Whoever underftands the Greeks and will fee, muft needs fee the truth of
what I affirm. But Petavius intoxicated with this Spiritual Order of Dcaconfliip, turns all this round
quite another way, according to the working of his fancy. And fo he doth fome places of Scripture as
little to his purpofc as this. He tells us out of the that Philip ar\<i Stephen, both Deacons, were
Preachers of the Word, that is a Spiritual Work, therefore belongs to a Spiritual Order. I would
gladly know who informed Petavius that Philip whoPreacht to the Eunuch, and afterwaads went about
Preaching to others, was the Deacon and not father P/)/7rp theApoftle, asfcemstomcfarmorc
probable; for Philip the Deacon was by his Office to refide at Jerufalem, and take care of the Poor-
thither the Alms of the Faithfull were fent, to relieve the Saints at ferufaltm. But you farther urge)
H Surely
U6)
Surely Sfepfetfw was a Deacon; Presbyters, nor Dea-
1 can Ihewout of ScVpturc, Prcachc s th ^ ^ likewifc, to whom they both Preached
cons neither, not ordain Jpollo a Deacon, nor can I believe any
and inftruifted him more fully; furc th y preach before he was well Gate-
of the Apoftles ordain d Baptited in Chrift, but knew only the baptifm of
chifed in the word, he was not ^ P prevailed and mightily convinced the Jem. Ic
if not Baptized, furely 'oii to fee how Men wedded to an Opinion, think whatever
is in ttnfon fttangc, though jn as they thittlt. In the Primitive time all both
they read fpcaks to that, fo Father^ p,,,, calls a W.r ./
Men and Women did preach the Go^ convcrfed with, in the Faith of Chrift and
RighteoHfmfs, that is, they , Women fufFercd Martyrdom. Wherefore though Phthp the
oidlinefs, for which many ^en and ^ InK^t Desconlhip, fee-
Deacon and Stephen preach the Go[P^ ' ^ Apoftlcs laying their hands on
ingthatthoufandsofLay menandW ^ we find that Paul laid his hands
thofechofen to be Deacons, figmfies as im^ prophefied, yet none of
on the converted Difciplcs at Ephefu , ^ y - Apoftles laid their hands on thofc that
them ordained p and Apoftles alfo, as on Barmbm and Paul, when they were
were already ordained, both Pf ® p Gercmonv ufed on fcveral occafions, I need not men-
Tot forth tJpreach. Jhialaymgofhaods was from Scripture, that
tion more, arc obvious to any that feme too gro-
ihefirftinftitutionofDcaconswas ame J ^ ^Qj^^uyable Office in the Church of God, tofervc
fly and irreverently have termed it) but P ^ ^ p^^ggCj of time it became quite another
Tables, to take care of God s ^or, bu f as it made C^ry/o/owe, and divers other great and
thing, and ^XrKSs did not conftitule two forts of [Deacons, fome for this Lay-Of-
good Men, <ioubr, whether the Apotti confulted only Scripture, he-would never have
fice, fome for Sphitual-Officcs . Had tlierc being no mention at all but of one, but he feeing
doubted, nor dream t of two forts ^^-jlling to condemn) fo different from that one Apoftolical
the pradice of the Church, / which he he knew not well what to make of it, and
Inftitution of Deacons; ^hisfoconfoun to put a new patch upon an old Garment,
willing to piece Scripture ^"'J..^^\F"ncacon{hip in two pieces, which of old was but of one, only to
made the rent the rending th p^tchafcd to himfelf a good degree, a good eftcem, and
fcrve Tables; which Office be ^bat ufe »^P ^ Priefthood, though no neccflary ftep to it. And fo we
fo it might be a recommendation to wasmadea Prieft, but continued af-
find that holy Deacon and p. J. fufFercd in a mofl: cruel manner, laid on a
tcrwards in that faine Office up the Trcafury of the Church and Alms of the poor, to
Gridiron over Coals, '=^^ber than he wo g ^ctavins brings to prove, that Deacons by vcrtuc of
the covetous cruel Tyrant ^.b'^bFj^ P. Jgiijug us, that St. jlenbrofe mentions how he did diftri-
that Order only, did f to the Communicants under Bifliop Whereas
bate in the Lord's SupP"» ^bc Blood which Plainly (hews how untruly Peta^
St. tcllsus howheconfccra^^^^ Deacon, for neither nor
vius deals with us, and ^bat St. i Myftcrics; wherefore feeing the Scripture a!-
ever any allowed Deacons the ^ whatever elfc Miniftration
lows, Deacons, Deacons, no more ^ their Office or Order, which you pleafcto
faallowed them, « Wh"™^ notSpiritual. And fo I leave them to theie
j:i!^\Mc®e:SingTa£;s^^
Concermng Confirmation,
Confirmation or fome fuch thing is fo neccflary, that for want of due execution thereof, Pcrfons
extrcamly unfit are admitted to the Holy Table of the Lords Supper. I fear a quarter of the
Communicants of this Nation do not fufficiently underftand the true meaning of thefe holy Myftcrics
the due preparation for them, the benefits, the damages, in worthily or unworthily receiving them :
This I affirm upon experience, having, by way of difcourfc, queftioncd many both of low and high
degree, where one would little cxped fuch Ignorance. And by reafon of this grofs Ignorance in due
preparing, and confcientious receiving, this bleffcd Cordial and Medicine of the Soul (of power in it
lelf to cure all our difeafcs, if rightly applied) is turned into our deftruftion, and damnation of the
Soul. For this holy Sacrament rightly apprehended, would ftrike a terror into the foul and a dread
of fin, but Men receiving it without any regard into their finful fouls, the beams of Grace which this
Sun of Rightcoufnefs brings with it, harden their dirty hearts, and make them afterwards unfenfiblc
of any horrid abomination whatfoever. And all this is occafioncd by the want of fome fitPcrfon of
Authority, to examine youth of all degrees, everfo high or ever fo low, before they are admitted to
the Lords Table. For there being many poor Ignorant Curates, many unconfcientious, carclefs Mini-
ftcrs, many over-awed by the fuperior quality of their Parifhoners, fome cannot, fome will not, fome
dare not fcarch into the rcquifite abilities of pcrfons to be admitted. All which was prevented in the
Primitive
9^
(47)'
Primitive times of Chriftianity, when able and holy Bi(hops were cle:4cd, and therefore reverenced
and obeyed in all fpirttual matters by thegreateft, as well as by thcleaft. Thcfe diligently and pub-
lickly before the Gongregation at fet-times in the year, chiefly at E^tjier, examined ail thcfe, who
had been converted to the faith from infi^'elity that year, and all thofe, who baptized in the faith, de-
fired admittance to the Lords Table; and upon approbation and confirmation of the Bi(hop_, fit pcr»
fons only were publickly Baptized by him, and at the Church door alToon as Churches were built,
where the Baptiftery was placed, and then brought into the Church and admitted to the Lords Table ;
And no inferiour Minifter did either Baptize, or Minifter the holy Communion, unlefs it were by ti e
Bifhops order on urgent occafions. Thefe things are very well known to the Learned, who are conver-
y fant inhis Epiftles, Juftin Martyr^ Tertullian, and other fucceeding Writers. And in
fhort, nothing was done of any moment, as is plain in Ignatius, but by the Bifhops diredfion. But at
length the number of Chriftians growing great and multitudes of Children daily Born, and an Opinion
growing up alfo, that it was abfolutely neceflary for the Salvation of Children, not only to be Baptized,
but alfo to receive the holy Communion before Death; it was impoflible for the Bifhop to be at hand
to perform all, or to give particular order for all: NecefTity forced every Pricfl in his Cure, to perTorm
thefe Offices. Yet in proccfs of time, the Opinion of the ncccffity for Children to receive the holy Com-
munion before death, declining, and few or none admitted till the age of difcretion, and the neccffity of
Baptifm for Children ftill continuing, the Bifhops fuffered ftill all Miniflcrs to Baptize, but refumed to
thernfelves again the Power of Confirming &LiccnGng youth to the holy Communion, And Bifhops only
for a long time executing this Office, it grew by degrees into an opinion, that Bifhops only were ca-
pable to do it, and that Confirmation was a Sacrament, and fuch a Sacrament as inferiour Priefts, fup-
pofed then alfo to be an inferiour Order, were tiot to meddle with. What errors will men, yea learn-
ed men, carried along with a croud. Aide into, not willing to fland in oppofition with a multitude, cfpc-
cially when countenanced by the Bifhop their Superiour. And then lucceeding learned men having in their
infancy fucked in the error, continue it in their riper learned years,and endeavour to defend it as acertain
truth; andat lafl it pafTeth for an Article of Faith, ncceffary to be believed. Thus have I laid out before
you the true State and Progrefsof this bufinefs of Confirmation,
Now I pray confider firfl; Suppofc Confirmation to be a Sacrament, and to be adminiflred by the
Bifhop only, and none to be admitted to the Lords Table till confirmed : How is it poffibie for a Bifhop
of fo large a Diocefs, as fomc of ours are ffome extended three or fourfcore miles, many forty or fifty)
Perfonally to Confirm half the Youth in a Diccefs, if he duly examine each one, as is moll fit and ne-
( cefTary? We fee how this is performed in their Triennial Vifitations; not a quarter of thofe, who arc
admitted, ever come to a Bifhop, and yet the crowd is great: What is then done to thof;; that come ?
They are asked by the Bifhop, whether they believe, and will perform thofe things their God fathers
and God-mothers affirmed and promifed for them at their Baptifm; they anfwer, Yes, and fo arc con-
firmed :But what thofe things are, whether they underfland and can give a good account of thofe things,
not a word of this. O ! but the Curate,who prcfents thofe Children to the Bifhop, affiires him that they
are fully inflrutfled for it; this is the thing we complain of &dcfire to be redrclTed; that it may not be left
to th^ difcretion and care of every Curate, feeing what pittiful creatures are by them admitted. And
do we not fee fometimes (the Curate dcfiring to pleafe the fond Mother) Children Confirmed fo young,
as cannot without a Miracle beofa capacity tounderftand thofe Divine Myfleries. Befides, it may
often happen that a pious Child well fitted for the holy Sacrament, and perchance being weak, earneftly
defires it before his death, yetmuflflay fomc years 'till next Vifitation, or take a long Journey to the
Bifhop, for which he may want ftrength or means to fupport him. But in the primitive times the Bi-
fhoris Confirmed every year; their Diccefs alfo was very narrow, fo that accefs to him was quick and
eafie, and the Work was as eafie to the Bifhop, yea and eafic alfo to the inferiour Curate to inflrutfl and
preparethem; for Parents and Mailers did then according to their bounden duty (the great ncglctfl
whereof in thefe days will find fore punifhment at the lafl day) made it their chief carc to inflruft their
Scrvintsand Children from their infancy in the Principles of Religion,
You fee how impoffiblcit is for a Bifhop in a large Diccefs and "Triennial Vifitation to perform thisne-
ceOary work as it ought; and therefore in the fccond place confider how necefTary it is for the Bifhop to
appoint fome difcrcet confcicntious Miniflers (as our Dean Rurals fhouid be) in feveral Circuits to cx-
amine and licenfc to the Lords Table : For I pafs it as granted that Confirmation is no Sacrament, and if
it were, why may not Priefls not Bifhop's perform it } certainly there is not one word in Scripture for-
bidding it, or any colourable pretence againfl it, nor can I difcover the Icafl ground of rcafon to forbid
it; inferiour Miniflers performing other offices fuperiour to it, and certainly equal to it, though it
were a Sacrament, which our Church denies. There is nothing in the world can be pretended, but
that in the beginning Bifhops did only perform it: To this I anfwer, that from the very beginning there
were no other Priefls but Bifhops, as I have (hewed you, and then Bifhops, did all other Miniflcrial
Dnr'"?s, Preach, Pray, Baptize, Catechife ; and in fuccceding Ages, when their were feveral inferi-
our Priefls not Bifhops, all (but Confirming) was ever tranfmitted to them; and to Deacons alfo Preach-
iag. Praying, and Baptizing, nay Baptizing tolerated in ncceffity to Midwives (I would gladly fee any
Inch rhing in Antiquity) and fhall Confirming, the mcanefl of all thcfe, bcdenyed Priefts ? You will tell
there have been decrees in fome Councils to forbid it: And will you be bound up to all the decrees
o''Councils without Scripture or any reafon for them ? Ifonce we leave Scripture and hearken to the
doilrines of men, ever fo Holy, ever fo Learned, ever fo Primitive, we fhall foon be wheedled into
H z the
(48;
the Papiils Religlbn, and many other Errors, which the Papiihs themfclves now rejca,as I have dccld*
rca, .n iargc Ixfore, a,>d therefore 1 fo,beat faying more norv to this purpofe; hot proceed ,o a thud
Confidcration. What will be the beft means to prepare Youth, for the receiving of the Holy Commu-
nion in every Cure, and then prefent them to fuch as are appointed t^o Licenfc them. . ,
In the fir it place, I humbly conceive it will be necelTary to add unto the Gatechifm, a fhortandplam
Pa "phtafe upon cvcy fentcnce in the Creed, the Lord, Prayer, and Ten Commandments, and patticu-
larTv trcXDlL every unufnalhaid word therein. For thofe genera CLucrt.ons at the endof them do
lo ro fufficienily open the undetflandings of the weaker or duller Youth, as that they know how to
aoniv thofe seneLls to each particular fentence s but many youths, who can moft readtly fay he Cam-
chifrn to a tittle, yet underftand many words no more than if they were Greek, and fcarce are able to give
fou^he waning of any fentence in their own words: And although they have all petfeflly by heart, as
Tc fay, T«" very little in their heads and underftandings; and fo a Parrot may be well n.gh as ea-
feilcxt^'placflS'tc" us much Minifters of the beft parts, as thofe of the tncan-
eft for this necefllry work of cLechixing, left both have the fame effeft though they """nrly diffe-
he one talking non-fence, theotherabovecommon fence ; bothof them cMfoundtng the brams of
hTpoor Youths, who undetftandneither of them. I have heard forae Learned Mm.ftcrs call the Yonth
oLthe ala fewlGatechifm-queftions.which the Boys anfwettng readily are commcttded & difmifted j
And then begins this Learned man a profound Leflure, (haped according to hjs own large dimenftons.
at wSeh S Boys and Men alfo for the mbft part gaxe, as at a prodigmus Monftcr of Learnmg; and
perXnce feme of them fay to themfelves the fame, that F./i« faid to St. ?««/,
srs L ur»,»c toA i fun. mai. Sure he doth not know where he is, not m an Unyetfity-fchool
ofD.vinity; burin an aflerably of weak and ftllyyouth (who mK,and,re m, cy.-
Ikof Lnlwhere it we,e better for him with St. FM to fpeaifv, mtdt w,:h h., mdorfiandtni
thath h„ voice he muy tecch ether, etlfo, thatt ten thoufand word, ,n an ,,„\n.w« tongue or in hch Engl,Jh
astheyunderfiandnomore than an unknown tongue. 1 humbly befeech thefe Men to attend to the
Form and Phrafe oftheGofpel, and mark what kind of matter and language the Divme Oracle ufed
in Preaching it, even tothe Learned Scribes and Pharifees. and mlearn of h,m who was lowlj tnheart.
Zdca«tnO' tofeek hi, own Glory, but tho Glory of hint that fen, k«. I dtfrre them alfo to read the latter
end of the firft Chapter of . Cor. and the beginning of the fecund, and Learn from thence to Jeak the
Wifdom of God in the weak and foolilh way of Preaching, to .nftruft and gam the weak and foohlh,
wt Wife unto God. Really no Man, that hath not made fome experience cat. be leve, how ftrangely
weak and dull, thoufands both of Boys and Men alfo, are, n apprehend.ng Spiritual matters: So that, a
man had need to ftudy much, how to fit their weak Heads with a fuitablc dil^courfe, and hath as much
need of great patience alfo, to repeat every thing again and again, and I I
haveoblerved, that Plato's manner of many fhort and plain Queftions and Anfwers to efFefl much ; and
likewife familiar fimilitudes from things within their own occupation and knowledge- And now to en-
coorsge them to this toilfome work.I befeech them to confider, that the Souls of thefe weak f.mple ones,
coft our Saviour as dear, as thofe of the Philofophers, and therefore arc as dear to him, yea it feems
dearer feeing St. Paul tells us in the place before cited, that he cal.s more of them to Salvation; and
therefore thev ought to be as dear to our Saviours Minifters. and to be chiefly called and fought by
them - and then they fhall be fare to have their reward from this our lowly Saviour.
l"the laft place, I conceive it necefllry to confider, what Courfe may be taken, to bring all to Ca-
teiifing • for tha« heard fome Pious Minifters much complain, that they bave ufed theit utmoft En-
deavors, yet cannot cffed it: And it can never be expefttd, that many of the You h will come, unlcfs
compelled by Parents and Mafters; of whom many are fo careUfs, many fo covetous, «they think
ever? Hour loft, which is not fpent on theit worldly Affairs: So that, the Parents and Mafters need
compulfion, as weU as their Children and Servants. And confidenng how this "eceflary Work of Gate-
chifing hath been neglertcd for many Years palt, it is much to be feared, that the Aged need it as much
L th? Youth. But would Parents and Mafters weU confider the great Advantages that would accrue to
them, even in their worldly Concerns, they would be very zealous to come themfelves, and both
fee and hear their Youth Catechized, and bred up in Piety and Godlinefs; the want whereof, hath
that great Undutifulnefs in Children, that Sloth and Falfencfs of Servants, which wcfadly behold in this
degenerated Age. And let mc mention once again, the ftna Account Parents and Mafters mull give to
cZ, for fo great negleift to thofe committed to their Charge ! Wherefore, unlefs fome fi«er^ped.-
ent can be found, I humbly conceive, it would have fome EfFea, if fuch carelefs Parents and Mafters
were not admitted themfelves to the Holy Communion, who were faulty m this kind: For though ma-
ny of them are not very zealous of the Holy Communion, and could ® * Y » Y<^^» tir R^pu-
ration fake, they would not eafily incur the being Rejeded: and doubtlefs, inany of them would be
moved thereby, and the Example of fome would be followed by others •, and fo» W degrees, the num-
ber would encreafe: And when Chatechifing by this means, begins to grow m Faftiion, it would quick-
Iv be taken up by all. God be merciful to us, that Religion in many, is chiefly for Fafhion fake. Yet
I hope, by Gfid/'s affifting Grace, Religion beginning, though but in Faftuon, would enci at laft
Devotion, at leaft, in many, if not in aH. However, it is good, thztGod Ihould publickly be glori-
ficd • the Publick would fpccd the better for it, though the Private Hypocrites fuffer Punifbment in
- the End. Cod in his Mercy turn their Hearts, that they may cfcapc!
of Q?urch - Goyenvneiit.
y lad Particular, which remams yet to be handled, is that of the Authority of BiJIjops to Govern,
as well as to Ordain, And in the firft place, Who can but Wonder to fee Men fo zealous in
alTuming to themfelves the folc Power of Ordination, fo much neglected, and even wholly abandon
the Power of the Keys, that of Excommunication, fohigh, and fo dreadful; which, though by great
abufe in latter Times, is made very contemptible; yet in the original Inftitution, and primitive Pra-
itice, was very terrible: A Power to deliver Men over unto Satan, that Prince of Darknefs, to take full
Pofleffion of their Souls, and foractimes of their Bodies alfo, both being fcntenced thereby to the Ever-
lafting Flames of Hell; and likewifc, a Power to releafc penitent Souls from the Chains of Darknefs,
and Slavery of the Devil, and reftore them to the Glorious Liberty of the Sons of Cod; whereby they
arc made Heirs of the Kingdom of Heaven. If there be any thing under Heaven, fit to ft ir up the Ambi-
tion of Mortal Men, yea, an Ambition in Angels themfelves, furc this is it. Who can forgive Sms, but
Cod only} faid the Jew to our Saviour fwelling with Indignation againft him for this, though
they had fecn many Divine Miracles wrought by him ; yet this is fo peculiar, fo tranfcendent a Divine
Aft,as not to be offered at by any,but the Great God, Jehovah himfelf. ButjblefTed for ever be this Great
and Gracious God, who by his Eternal Son Chrifi Jefus, hath given this Power unto Men. As his Hea-
vcnly Father fent him with this Power, fo fent he his Apoftles with this Power; faying unto them,
Whofefoever Sins ye remit, they are remitted unto them', and whofefoever Sins y^ retain, they are retained.
Wherefore, if there be any thing in in the Office of a Bijhop, to be flood upon, and challenged peculiar
to themfelves, certainly it fhould be this ; yet this is, in a manner, quite relinquifhed unto their Chan-
ceUors, Lay-Men, who have no more Capacity to fcntence or abfolve a Sinner, than to difTolvc the Hea-
vens and Earth, and make a new Heaven, and a new Earth : And this pretended Power of Chancellors,
is fometimespurchafed witha Sum ofMoney ; their Money perifh with them I Good God \ What a
horrid Abufe is this of the Divine Authority .? But this notorious Tranfgrcffion is excufed, as they
think, by this; That aMinifter, called the Biftofs Surrogat, but is indeed the Chancellor's Servant,
chofcn,call'd, and placed there by him, to be his Cryer in the Court, no better; that when he hath exa-
mined,heard, and fcntenced the Caufe, then the Minifter fforfooth) pronounces the Sentence. Jufl as
a Reftor of a Parifh-Church fhould exclude any of his Congregation, and lock him out of the Church ;
then comes the Clerk, fhews and gingles the Keys, that all may take notice that he is excluded. And by
this his Authority, the Chancellor takes upon him to fentence not only Lay-Men, but Clergy-Men alfo,
brought into his Court for any Delinquency; and in the Court of the Arches, there they fcntence even
Bifhops themfelves. This is a common Praftife in latter Ages; but in St. Amhrofe his time, fo great a
Wonder, as with Amazement cryeth out againft the Emperor when he took upon him to
judge in fuch Cafes; faying, When was it ever heard of, fince the Beginning of the World, that Lay-Men
Jkoald judge of Spirituals #" ( he means in Spiritual Things, not in Temporal Things, which by the Laws
of God and Man belongs to the Lay-Magiftrate.) This was that Amhrofe, of whom the other great Em-
peror, zs Good as Great Theodo/ius, Father to this affirmed, only knew how to
aft the Bijlwp; and with all Chriftian Humility, this great Emperor fubmitted to the Sentence of this
Godly Bifhop denying him Entrance into the Church, for the Cruelty afted by his Souldiers at Thejfilo'
nicahy his Command ; and upon his great Repentance and Penance performed Six Months together,
and after Publick Confeffion in the Church, was again Abfolved, and joyfully Received into the Church.
Oh, my Great and Reverend Fathers of the Church, the Bifhops, whom Chrifi hath cleaved to his high
Dignity, whom he hath made Kings and Princes, whom he hath called to fit with him on his Throne,
there to give Sentence of Eternal Life,or Eternal Death; Can you fo tamely part with this Prime Flow-
cr of your Crown; yea, the very Apex of it, and fufFer the Lay-Members of the Church, to ufurp this
Divine Authority ! Or, How can you anfwer it to the Chief Bifhop of our Souls, if any one Soul, by
the ill Management of the Chancellors, fhould certainly perifh } Shall not his Blood be required at your
Hands? But perchance, fome of you will anfwer, 'Tis no fault of yours, but of your PredecefTors ;
who gave fuch Patents unto them, as by Vertue thereof they exercife this Power, Wikye, Nillye. 'lis
too true; and I remember,, when the Bifhop of Wells, hearing of a Caufe corruptly managed, and cotn-
■ing into the Court toreftifieit, the Chancellor Dr. Duks, fair and mannerly bad him begone, for he
had no Power there, to aft any thing; aud there-withal, pulls out his Patent, fealed by the Bifhop's
PredecefTor; which, like Perfeus Shield with the Gorgon's Head, frighted the poor Bifhop cut of the
Court. Where are you Parliament-Men, you great Sons of the Church, fo zealous for Epifcopal-
Government; yet fuffer this principal Part of it to be thus alienated, and ufurpcd by Lay-Men? If
an unordained Perfon take upon him to Pray or Preach, With what out-cryes, and fevere Laws, and
with great Reafon alfo, you fall upon him ? But if an unordained Perfon take upon him to Judge, Sen-
tence, and Excommunicate Bifhops themfelves, you calmly pafs it over, take no notice of it. You
will anfwer me. The Bifhops themfelves pafs it over; yea, and pafs it away from themfelves, and their
SuccefTors, for to gratifie their Kinfmen, or their Friends, or perchance for worfe; Why then fhould
you ftir in it ? Truly, in this you have Reafon; and the Blame mufl wholly light on them, who do not
ufe all poffiblc Endeavour, and implore your Affiflance alfo, to reftifie this great Abufe, which fubvcrts
1 the
the main Piliar of the Church Government, this is no Ceremonial matter, but the very fubftanc^
oT it, they ftr;.in at Ghats, and fwallow Camels. For Chancellors to intermeddle in Probats of Wills
payment of Tythes, or any other temporal matters, there is no fcripturcnor reafonto condemn; but
rather to condemn Bilhops, fliould they intcrpofe in fuch matters tor which they have no commiffioh
from Scripture^ but rather a prohibition from that faying of our Saviour, Man vtho made me a Judge or
a divider over yoH f But then it will be neccflary that Chancellors have alfo power of Temporal punifli-
ments, and not prcphanc that high and holy power in fordid earthly things; certainly a greater pro-
phanacion than to convert a Church into a Chandlers Shop; the Church is a bulk of earthly materials,
and holy only by dedication; the power of its Keys is in its own nature, and original conftitution fpi-
/ ritual and divine: If Vz.z.a being no Levite fufFered death for laying hold on the Sacred Ark of God t6
fupportand hold it up, what fhall he fufFer who being no confecrated perfon layes hold on thrc facred
authority of God, to pull it down from heaven to earth } Let them confider.
But let not the Civilians for this, account mean Enemy to their Proftflion, which no Man ho-
nours more, and I heartily wifh much more of our Civil matters, were committed to their ma-
nagcment and -judicature, The Civil Law is that whereby moft of the Civilized World is govern'd,
and if we will have commerce with them, 'tis fit wcfhouldhave able Civilians to deal with them
which will never be, unlcfs they have profitable, and honourable places to encourage them for it ■
all that I beg of them is, that they would contain themfelvcs within their own Sphcar of Aflivi-
ty, and not intrude into fpiritual, and facred matters committed by Chrift and his Apoftles to
the Priefthood. And fo I beg of Priefts, that they would not intermeddle in Lay, and Tempo-
ral offices. In the time of Popery, when Spiritual and Temporal affairs were all intermingled,
and horribly confounded, as the Pope took upon him. Secular, and Imperial authority, diredly
contrary to the Word, and Conftitutions of Chrift: fo the Bifhops, and Priefts under him inter-
meddled in all Secular Affairs and offices, and in this Nation, Bifhops were frequently Lord-Keep-
ers, Treafurcrs, Chief Juftices, Vice-Royes, whatnot? which is ftrangely un-Apoflolical, and un-
lawful, their vocation being wholly Spiritual, as Men chofen out of the World, fhould have no
more to do with it, than of mecr ncceffity for food and rayment. Wherefore to take uponthcnl
<ny Lay-Office, which muft needs take them off much from the miniflry of the Word and Pra-
ycr, is doubtlefs very finful; For A^s 6 we find the Apoftles gave themfelves continda/Iy to
thefe, and would not endure to have thefe interrupted by that charitable Office of taking care fof
the Poor; certainly then they would have much lefs endured; yea, abominated to be taken ofF
by temporal and worldly Offices. And on this occafion, let me fpeak a word to thofc of the
inferiour Clergy, who take upon them to ftudy, and praftifc Phyfick for hire, this muff needs
be likewife be flnfnl, as taking them off from their fpiritual employment j had they ifudicd Phy-
fick before they entered Holy Orders, and would after make ufc of their skill among their poor
Neighbours cut of charity: this were commendable; but being entredon a fpiritual, and paftoral
Charge, which requires the whole Man, and more to fpend their time in this, or any other ftu-
dy not fpiritual, is contrary to their vocation, and confequcntly finful; and to do it for gain, ii
fordid, and unworthy their high and holy Calling. But Neceffitas cogit ad turpia, the maintenance
of many Minifters is fo fmall, as it forces them even for food, and rayment to feck it by other
Employment, which may in feme meafure excufe them, but mightily condemn thofe who fhould
provide better for them: Whether this belongs not to King and Parliament, I muft humbly be-
feech them in Chrift's name, fcrioufly to confider: I crave pardon for this (I hope ufefulj Di-
grcffion, and return to the Bufinefs of Excommunication.
This Sacred Authority of Excommunication, being committed by Chrift to the Apoftles, by them
to their Succeffors, was ufcd in weighty, and very fcandalous matters, very few examples of it
in Scripture: The inceftuous Corinthian Hymenus, and Alexander^ fcarce another clearly expreff.
The Apoftles being fully guided by the Holy Ghoft in ail things, did exercife this power fingfy
themfelves; but the fucceeding Bifhops, having not the Spirit of that full meafure, ufcd the af-
fiflance of the principal Clergy in their Dioccfs, that the ad: might be more folemn and authert-
tick; the perfon Excommunicated, if he conceived the aft injurious, appealed to one or more
neighbouring Bifhops, who afTembled together, and difcuffing the matter, either confirmed, or re-
rerfed the ad, as they found caufe: And fometimcs the matter proceeded fo far as to caufe an Af-
fembly of the whole Province. But each Bifhop, or Prapojitus (as St. Cyprian calls him, and de-
clarcs, that he) was abfolute in his own Diocefs to exercife his power, and none condemned for
ofing it, but only for abufmg it contrary to reafon and confcieiice; thefe were the only rules they
proceeded by at firft. Afterwards when Bifhops on this or other occafions met in AfTcmbiies
Provincial or General, they made it divers Canons, which pafted for Rules, and Laws to goverh
the Church by, which doubtlefs are very good helps to bridle the extravagant paffions of parti-
cular Men, very apt in this corrupt age to prevaricate; yet I cannot conceive them fo far oblf-
ging, but new emergent circumftances may juftly caufe new and different Decrees; yet fo, as i-
very parttoilar Bifhop is obliged for peace fake to fubmit to, or at leaft to acquiefce in the Ge-
neral Decree of that Nation where he lives. I faid, They are not bound entirely to fubmit to
the Decrees of former Councils, either Provincial or General; becaufe, as I have fhewed before
all their Decrees are Humane, not Divine; and all humane Ecdefiaftical Laws are- alterable ad-
"SordiiTg to the time, and occafions by other General Councils, ~ - * '
4^
isi)
. As to the fcbunds of each Bifliofjs Dlotefs, they were occafiohed fevefa! wayes: The Apcftfci
ibr the better fpreading of the Gofpcl, Preach't it firfi: in the principal Cities, which generally
had great influence upon the adjacent parts, by rcafon that the occafions of moil cai) tncm thi«
ther; and in thefe Cities they fettled the chief Paftors of the Church, with power to ordain Pres-
byters, and Paftors in other leflcr Cities, and Towns round about, as the Congregations of the
Faithful encreafed; and all thofe Churches that were ere<f)cd, and Paftors eftablifh't in them by
thcfc Apoftolick Men in the chief Cities humbly conceive in reverence of their worth, and A-
poftolick authority) were freely obfervant and fubjecfl to them, which afterwards out of cuftom,
grew into a kind of right challenged by their fucceflbrs. Sometimes the authority of the Paftor
or Biftiop of a City, was enlarged according to the temporal authority of the fame, it being the
Metropolitan of this or that Countrey; for fo we find in the Council of Nice, and other Councils,
the chiefeft and largeft authority given to the Biftiop of old Home, becaufe it was the firft Im-
perialCity, to as the lecond Imperial City, to Alexandria ^s the chief City of that part
of Africa, to Antioch, Jerafalem, Ephefas, Corinth, Philiipi, Stc. where you fee that though Jerafa-
Urn were the firft City from whence the Gofpel iftued forth, Antioch t\\c fecond City where the Gof-
pd wasplanted, and where the Faithful were firft called Chriftians; yttRome, Confiantinople, and^/-
exandria were preferred before them, and had far larger JurifdidJion j fo that it is a meet humane tcm-
poral matter, and Men have no farther obligation to it in confcience, than for Peace fake andOrdcr^
which in like manner obliges every Man to be fubjedi to all Magiftrates within their refpedf ivc Juril-
didtions. ;
There are yet two things more to be confidcrcd in this bufmcfs. Firft, Where the Apoftles firft plan-,
ted the Gofpcl in Cities with authority over the adjacent part, it was in rich populous Countries,where
Cities were much nearer together than in thefe Northern parts, and the circuit of each City was much
lefs in compafs, fo that the Biftiop might well have the infpc(ftion into all, andundcrftand thcbehavi-
our of each Paftor under him, to admonifh, andchaftife when there was caufe. Whereas with us,
partly by great diftance of Cities, partly by the favour of former Princes, feveral Towns being caft into
one Dioccfs, they became fo large, as'tis impofliblc anyoneBlfhopftiouldhaveafufficient inrpedtion
into them. As I faid before of great Parifties fo here of Dioccfles, the Biftiop knows not the names,
nor faces of half, or a quarter of them, much Icfs their behaviour, he may have as well a part pf France
fn his Diocefs to govern. And as for their Triennial, and Circuity Vifitations^ they fignifie juft nothing
as to this, 'tis a meer money bufinefs to pay procurations to the Biftiop, fees to Chancellors, Rcgi-
ftcrs, &c. the Biftiop indeed ufually makes a Speech unto them, and a Sermon is preach't by fome
one of them, wherein perchance good Admonitions are given but what knowledge can the Biftiop by
this have of their lives, ordoftrine, or diligence? If he continue long there he may learn a few mora
names or faces, fcarcc any thing more. I humbly conceive this ought to be redrefled, and the Diocefs
brought into that compafs, that each Biftiop may be a Biftiop in Government, as well as in Title and
Authority over them. But if the Dioceflcs be divided lefs, and Biftiops more encreafed where ftiaU
wchave maintenance for fo many Biftiops, fome having too little already? When ever I ftiall fee the
Clergy of this Nation Congregated by his Majcfties Authority, refolved in good earneft; to reform, and
cftablifti aU according to the holy Conftitutions of the Primitive Times, and come to this laft mentioned,
contrading the bonds, and in number encrcafing the Diocclfes, and Biftiops for them; Tie undertake
to propofc wayes both rational, and confcientious of providing convenient maintenance lor all; but I
defirc to be excufed at prefent, leaft greedy Harpies make ill ufe of my zealous intentions.
And fo I proceed to confidcr a fecond abufc in Church Government, which is, Exempt Josifdicljonsj
a thing altogether unknown to Antiquity, and brought in by Papal Tyranny. "The Popes at the height
of their ufurped dominion, taking upon thcmfelves to be head of the Chriftian Churches, to be the Uni-
verfal Biftiop thereof, and all other to be but their Curates, took then upon theni alfo, among other
matters, to exempt from the power of any their under Biftiops whomfoever they Plcafed. And out
of policy to have the more Creatures, and Vaflals immediately depending on them in every Kingdorrt
and Nation, to ftickic for them with Kings and Princes on all occafions, did for the moft part exempt
all Monafterics (who with their near Relations, and Tcnents made a great part of the Kingdom) from
the Jorifdiflionof the Biftiop; they exempted alfo feveral Deans and Chapters, feveral peculiar Chap-
pels, feveral Arch-Deaconrics, and other, and fome of thefe were endowed with Archiepifcopal JuriP
diftion in their Prccinfls, wherein they adfcd whatever they pleafed, without controul of any but theic
Popcfhips: All which would have appeared a confufed madncfs in Primitive times, when for any per-
fon to have been out of the Jurifdicftion of all Biftiops, was to have been quite out of the Church, and;
would have been lookt upon as a Heathen and Infidel, according to the Primitive pradicein all Ages, till
Papal ufurpation. And therefore all thcfc Exempt Jurifdi(J\ions are mcer Papal, and if duely examine
Will be found oppofitc to the cftabliftied Laws of this Kingdom fincethe reformation from Popery, ast
they are diredly oppofitc to the Primitive Canons of the Church, before Popery was known or heard
of. And by reafon of thefe Exempt Jurifdidlions, great difputes and great frauds anfe between the
Bifliop and them, and the poor Clergy arc fo pild and pold by them both, that they are forc't to goin
thread-bare Coats, whilft the feveral Officers of both grow fat and fair by fees extraded from them.
Wherefore I humbly conceive the Biftiops, with the reft of the Clergy, are bound in confcience to ira-
plore the Aflliftance of both Houfcs of Parliament, toPetitionHisMajefty for the redrefs of thefe abufes
by Pious Laws, Selling the Church Government in the Primitive purity and authority, which moft evi-
I ^ dentl/
dent!y was very great, and as greatly reverenced; Bifhops being the pcrfons to whom Chri/l and his A-
poftlcs committed the Souls of Men, bought with the precious Blood ofChrift, to whom be Glory,
and to his holy Spoufe the Church,, be all Sacred Authority for ever, j4tnefj.
J Charitable Jdmonition to all Kon-Conformifts.
My Beloved in Chrift, You fee how carneftly I have pleaded for you to the Fathers and Cover-
nors of our Church, that they would graciouHy condefccnd to abolilh fomc Ceremonies in the
Church, that they may receive you into it: But yet I have no great Hopes, that they will hearken to
me; you your felvcs, for whom I plead, dcftroy my Hope : For they prefently dafh me in the Teeth,
faying; Go rather., and perfwade the Sons in duty to fubmit to their Fathers, than Fathers to^ yield to Sons :
And, Can you deny, but of the Two, you arc rather to fubmit ? You think to escufe this, by fay-
ing j Were it not againfi your Confciencc,yoH wouldfubmit; but you dare not, for fear of difpleafmg God ;
hts Holy Word forbids you. 1 bcfecch you, (hew me in his Holy Word, any one clear Sentence, a-
gainft any one Ceremony commanded in our Church; You fee plainly, I am not biaft to any one Ce-
remony and, I am furc, I have read the Scripture all over feveral times; and I humbly conceive,
'tis HO Pride of Heart, if I think I underftand Scripture arwelJ as you: And for my part, I cannot
find any one condemning Sentence in Scripture. But you have the Spirit of God enlightening you,
which I want; by this Rule, you may affirm any thing out of Scripture; and I fhould be as mad in
difputing againfi you, as you in affirming it: 'Tis madnefs for a Blind Man, ( as you conceive me to
be) to difpute of Colours; therefore, if you are fo void of all Reafon, as to exped your bare Affir-
mation, you that have Light, ought to convince all Gain-fayers: I fhall not trouble my felf or you,
to gaih-fay you farther ; but addrefs ihy felf to others, who foberly undertake to fhew me fuch Texts,
as an unbiaft Chrifiian, willing and defirous to fubmit to all Scripture-Truths, fas lam fure
I am) may difcover the Truth of them. And I defire thofe fober Undertakers, to fhew me any one
fuch clear Text, to excufe their Non-conforming, as I fhew them for their Conforming : Submit your
felves to every Ordinance of Man, &c. i Pet. 2. 13. and, Obey them that have the Rule over you, and
Submit, &c. Heb. 13. 17. Thefe are as clear as the Sun, that you ought to Obey. Now, if the Text
you bring be not fo clear;^ but doubtful; I befeech you, is your Confcience fo bold againfi a clear
Text, and fo timerous at a doubtful Text.? Is this Religion, or Reafon? Is it not apparently Wil-
fulnefs and Faf^ion ? I bcfeech you, my Brethren, take heed of thus diffembling with Cod, and the
World, or take heed of giving your felves up to thefe Delufions of a miftaken Spirit. Humility and
Obedience are evident Marks of the Spirit: Learn of me, Chrifl, Matth. 11. 29.) for J am
meek and lowly in Heart: God reffieth the Proud, and giveth Grace to the Humble. Wherefore, I
befeech you, Firf, Futon the Lord Jefus with all Humility, that he may give you the Grace of his
Holy Spirit, to difcern clear Truths, from conceited fancical Errors. Secondly, I befeech you confider,
whether of the two, it be not fafer to err in the way of Humility, than to err in the way of Pride;
which makes it doubly damnable, void of all Excufe; (I fay this, becaufe you think, or pretend to
think our way Erroneous, not that I have any Thought or Doubt) whereas the Humble Soul hath great
Excufe to plead; and if Charity cover a Multitude of Sins, furc Humility will cover fome : A Soul
dothed with Humility, can't eafily be difpleafing to our Humble Saviour; but clothed with Pride,
can fcarce be acceptable, but rather hateful; like the proud Pharifee with all his enumerated Vir-
tues: And, my Brethren, 'tis mofi evident, your Spirit favours fomewhat of the Pharifee, magni-
fying your own Holinefs, and dcfpifingall others as Publicans and Sinners, and refufing all Commu-
nication with them; whereas the Holy of Holies, our Lord Jefus, chofe chiefly to Converfe with fuch.
Really, I can't but thiiik your Cafe very dangerous on this Account only, were there no more to accufc
you of. Thirdly, I befeech you to confider the great Mifchief you bring upon this Church, and Na-
tion, by your Separation from the Church: You pretend to be the great Zelots againfi Popery; and
yet, give me leave to fay. Your indifcreet,difobedient Zeal mainly brings it in; your Separation, & many
following Divifions, have caufed many to abhor our Church, & turn to Popery •,^nd doubtlefs, you are to
give an Account to God, for the Ruin of thofe Souls: For I can never yield,that you have any reafonable,
& true confcientious Caufe of Separation, but meerly miftaken-Rcafon & Confcience; which I much pi-
ty, but no way approve: And therefore, I mufi lay the Advance of Popery to your Charge, to your Scpa-
ration; for I am fure, 'tis the main Snare wherewith they catch unftable Souls; perfwading them, cur
Church is not guided by the Spirit of Truth, feeing it is confounded by the Spirit of Divifion, it cannot be
of God, who is both V erity & Unity. Now, though it be well known to the Learned, that their Church
hath neither Verity nor Unity; yet this is not difcernable to weak Souls, efpecially here in this Country,
where their Church is under a Cloud ; & therefore, their foul fpots nothing fo vifible as abroad, where it
walks barefaced; but are here,by their Priefts either with greatConfidence deny'd,or with grcatCunning
difguis'd. Wherefore again, I raofi earneftly, & mofi humbly bcfeech you, for Jefus fake, put on our
Lord Jefus in all Humility & Obedience, fubmitting your felves to the Ordinances of thofe Supcfiors and
Powers, which God hath fet over you ; & if out of meer Humility & Obedience, you Conform, though
you were guilty of fome Error therein, f I am confident there is none,yet were it fo) my Soul for yours,
that Guilt (hall never be laid to your Charge by our mofi gracious Saviour, and mofi merciful Judge,
Cbrif Jefus, our Lord ; to whom be all Honour and Glory for ever, aimcn,
f I N I S. ,
x
The Naked Trilthj
die ^ccotiD ^ait>
In Several INQUIRIES
Concerning the
C A N O Is
Ecclefiaftical Jurifdiction ? Ca-
nonical Obedience, Convocations,Pro-
curations, Synodals and Vifitations:
ALSO OF THE
Church of England
5
AND
Cljurtl) Uiarisens^
And
The Oath of Church-wardens.
And OF
SACRILEDGE.
77;e Second Edition CorreHed and Amended^
Blanditur Cathedra? Speculaejii Iridedenique fuperintendis,
Sonans tibi Epifcopi nomine^ non Dominum fed officium,
Alt a fedens^ non alt afapiens ; fed hiimilia de te
Sentkns, humilibufque confentiens*
Profs ut profisf debitor non Dominator.
Bernard. lib. 2. deConfideratione.
London^ Printed for Francis Smith, and are to be Sold at his Shop, at the Elephant
and Cafle near the Royal Exchange in CornhilL 16S i.
toy
THE
EPISTLE
-
-f ' T O T H E
READER S-
Courteous Reader,
NO man does move Kevevsnce Good Bijhops than my felf^ nor does any man lels dread
them with a fear: I admive them at my difiance, but I do not Idolize them ■, I
honour them^ but I do not fall down and worlhip them j 1 can fay ' My Lord,
and {yet not add) ^MyGod.
Nor will you find in this enfuing Inquiry., theleafi Tang of Bitternefs or yellow Choler; No.,
nor fomuch as onetavtor harjh Exprejfion, being fo far from jufily difgaOing any, that IJhall
not fo much as their Teeth on Edge i /oinfipid and fimple an humour have I cheri(ht all
along through this whole Difcourfe, {for fear of any Satyrical wiatww) that I doubt you will
fearce find any Salt, Savour or Smacky Rellifh here, ^ twill fcarce bite the Tongue of a Sinner.
Solomon fayes. That men of underftanding are of excellent Spirits ( To render the words ^1*
litterally from the Original) Men of underftanding are long-nos'd : nn ff,e
Septuagint Tranfiate {that is) A man of underfianding is Long-brcafted, ( meta'
fhorically put for ) Patient; His heart is not near his mouth, he is not eafily Provoked ; and
therefore men will neither Jhew their Wit nor Gvace, to be angry (without acaufe, wil^ut a
good and honeft caufe ) at what is here Writ: Let us rather fay, { with that good German
Emperor ) We ought to be angry with our Sins, not with our Friends, that tell us of them.
Fet J cannot fay, ( in truth ) that I have concealed my name becaufe I have no skill nor
flrength to bear good and evil report with Equanimity.
For Iblefs Almighty God, that as his Providence has exercifed me, with both, in db fmall mea-
fure', fo I have found by long and large experience. His flrength in my weaknefs, that I can fay
without vain boafling, I walk^ f without much concern) by Honour and Dijhonour, by evil Report
and good Report.
Nor is it becaufe I am afraid or aihamed at any thing here writ, that I thus appear on the pub-
lickStageinfAaf(\\\Q.vadQ, in fiuch Difguife to walkflazogmio.
But, the SubjeSt {of my Inquiries) leads me neceffarily, to rake in a Neft ofWafps^w^
Hornetts, {peevifh by nature, more enraged by Interefl ) thus tobe dtflurbedof awarmnefi, and
therefore would certainly haZZt about my Ears, if I were not thus mu^Qd and Hooded up.
Tit I hope I have here difarmed them of their Weapons, by taking the Sting out of their Tails,
' { at leafl j the Venom, that though they may yet make a Humming Noife, they Jhallbeas
Stinglefs^J Drones.
Befldes, J am neither of the Race of the Decii, nor of the Curtii, to facrifice all my quiet to
the Publick good in this thanklefs Age, wherein many men are of Jo currifll^ difpofltion, and fo
fifed to the Collar about their Necks, that they are ready to iuap at thofe Fingers that would
pull it off..
But however, (in fisort ) what wife man would be content to be a Butt, to he [Iwt at, though
Armed Ca^-a-^^e with Armour of Proof } ^
The inconvetiience { for it wants not fome ) of allowing to the Prefs this Liberty, {fo natural
and agreeable to our F.ngli{h Complexion and Conflitution, and the Common-mother of the Na-
ked Truth, which is ufaally begot betwixt this bandying Pro and Con) cannot poffibly equal
that of making a Monopoly of the Prefs; taking in the Common, and confining it to a certain
fet of men that would feem to keep the Key of Knowledge and the Prefs, and they neither enter in
rhemfelves, and they that would enter in, they hinder •, % furly Porters, that ufually keep
out better men than they let in.
Magiflrates and good Bijhopsfiwuld fay with St.Vanl, We can do nothing againft the Truth, 20003.8.1
but for the Truth: iyi Ji/ydfuSa, (that is) We have no power ( as the Original imports) to
dj} any thing againjl the Truth, but for the Truth.
Nor have all the Bifitops in England any power over us,^ although they had as lawful a Com-
mtjfion for their Spiritual Courts and Jurifdiflion as once they had ) more than St. Paul had over
flie/e Corinthians, which he confeffes in theTenth Verfe,was for F.db\fi.zatiovi, wr/crDeftruiftion. 2 Cor. i3.rov
A 2 A
The Epiftle to the Reader.
^gcodMagifirate m^y do a ma-a good, fo may a good Bijlwp, bit neither of them have poveer^
zm given them to do harm or wrong. >
And if they chance to find me out notwUhfianding my Difgmfe, I le anfwer for every tmle here
the Evil, but if Well, Why fmiteft-thou me? -.v
MlamfHre, «ha, is hsrspmlM, hast,, cklkn,« thcw.rU, h»pnly, (m aiBmmUv,
aril Love to Truth ) FMckfcal ■, Md if in nnythng Ik »■>.%», Errors M n^cr
he Herefies, none (iull {upon a rational ConviBton) more readily and WilhngiyretraB them than
slim « oSmMmnder M, a, frli n, ,y,'p4ngj, s rim.6. 17. gives the
Char-e r. Rich men, that they he not high-nimded, fince Poor and Proud ts true to a Proverb
'the Latines hi one dnd the fame word expreffe a man humble tn mmd , and humbled mth af-
ftiBions they are fo near a Kinand the way, God ufually takes to make a man humble, ts re hum-
blehim', Nebuchadnezzar )
F.r Pnlprsty PufTah up nnd fwells - «..» nnmrjlynnd ,f thrmgh Grace a Rsch man be
mt high-mtnded, he had need keep a eonfiant Watch and Ward over hiS mtnd, for height wM
tempt/j/r mind ft? high minded ^fjLuciier.
Thus have I feen a man ftretch andfland on tip-toe, andfii^\k in High Shooesupon aCh^ch-
SilZ Z lXmnh fern on ail below, and y„, if k had fiend OSi cncn ground and
rneifufed fair mih thofi hferms fe dcfpB'd (as Pigmies,) h, wsM n„ be able u teach
climbing ( Mafons and Carpenters well ohferve ) ivW/»»f« look upwards, f/77 be
giddy crown'd, vertiginous and turn-fickbu if they look dowil, ffi odds hut their brams tura
- Divinity, whilf men though never fo high-mounted /<?<?^up.
' wards ftill ft? Heaven, thefl fay with King David, m all humility—-I am a worm and no
man
The Contemplation of the fafinefs and Glory of Heaven (asCxQtlQ ohferves »>; Somnio Sci'-
pionis j willmake them befi fee what a pitiful S'^Ot fin comparifon ) the whole Globe of the
Tart his, and the glory of if, and much more with humble Eyes rejiebi upon their own pittiful
punyfliips.
But if they are alwayes looking downwards upon the many under them, their Brains ufually
Crawl with fcorn, pride and difdainfand turning Giddy they forget themfelves, till they cateh
a fall, if mt their Ruine,
And though they may'^n^tt\\tvaftUt%and?lX\xt in their High-Shoes, and take delight in
Cyf^ofmg their Inferiors C whom they ought to proteB ) ft? contempt /corw 5 <??'for fport yi^-
fer them to be baited hy Dogs, and perhaps cry, Hoilou*, ^Tis ten to one, but they meet at fome time
or wher with fo Rugged a Repartee, as to make them y?ci^ t?/y«c/j Unchriftian Games, andfome-
times to their fhame, expofe alfo /l?c knotty fide t?/^ their cwn gay Arras, and prove that all is
not Gold that glillers.
Popery and Mahometifm were horn both in one and the fame Century, and had one and the
ftsmt Mtdwife, Ignorance or Barbarifnr.
Truth and the Frefs would ftifle them both, and the TxivK knows it as well, and therefore Po-
lititkly prohibits Printing : fo alfo doth the Pope prohibit ( what he can ) all Printing, but what
paffes with his own Imprimatur's 5 and fame others alfo would have the Prefs at the lame lock,-
and they alone to keep the Key.
And thus whiljl men ht avhnt of onc Ear, and from one Afouth, they are k^pt in ignorance,
and feldem grow wifer than theVopie and Conclave, that Excommunieated Galileo f I think it
was ) for holding the Alotion of the Earth.
For Errors and Snpcrftition, Tyranny and Oppreffion (/% Owls, and all other works of
darknefs ) hate the tight, and cannot endure to be /ccw by day-light *, wl?ercrff fl?e Naked Truth
feeks' no Corners, is bare indeed, but is not ( nor needs not to be ) afliamcd.
Lording over Gods Heritage, KOLrmw^ivovnt ^ KKrtfuv, Dominantes Cleris, 1 Pet. 5. 3. Do-
mineering over Gods People, was niver the mind of Chrifi, nor St. Peter nor had ever any Bi-
Jhops any fiich lawful Commiffion * ( even when the High-Commiffion-Courts were up, whereby alone
they had Authority and JurtfdiSiion Ecclefiafi-icaiy to Lord it over Gods Heritage.
Ho,no-, ItistheReliijHesof the Luciferian Pride of f^?<ifGrand Irapoftor, thatridiculoufiy
fliles himfelf -The Siicceilbr of St. Peter, yet imitates him in nothing, bit in denying his
Mailer; that fets his infulting Toe upon the Necks of Kings and Emperors, enfiaves mens Bodies
rind Efiates, as well as Souls, whcrefoever he can domineer : ^Tis this Prelatical Pride, this Ex-
Sikcs:. 24. evcifing Dominion, like the Princes of the Gentiles^ w^/c/? is here condemned-, and is but 'a
Brat of Popery, whereever the Cbang€ling is found, and which our Blejfed Saviour would banifh
from among/this Clergy,Luke 22. 2$. iBlliallnotbe fo amongll you.
But fay feme,I It Hiali be fo though, let Chrifi and Laws, let God and Man fay what they will;
at leafi, fome men would praftife it fisll, which is mrfe than laying fo y but Rome was not built
mr cannot be dsfiroyed ) in one day.
the
THE
Naked Truth.
The Second Pare.
TH E Bifhops and Convocation held at London Anno Dom. 1552. in the Reign of
King Edward V[. whereof many of them were Martyrs at their Death, as well
as (the firft) Reformers in their life-time, in their Articles ( now ufually calledj,
The Articles of the Chnrch of England^ the 19,20,21. I meet with very re-
markable Paflages to begin this Diftourfe.
ARTICLE 19.
ECclefia Chrifii viJibiJis efl ccetus fidelinmf in verhm-, &C. * The vifible CHurch of Chrill^
is a Congregation of faithful raen^ in which the pure Word of God is Preached,
* and the Sacraments be duly Adminiftred according to Chrifts Ordinance,in all thofe things
' that of neceffity are requifite to the fame. ( Where note by the xhay^ that a Parijh Church niay
be the right Church of Chrifi by this Definition,^
As the Church of Jerufalem, of Alexandria, and of Antioch hath Erred, fo alfo the
^ Church oiRome hath Erred •, not only in their living, but alfo in matters of Faitlu
t
ARTICLE 20.
'IT is not Lawful for the Church to Ordain any thing thSt is cOntraty to Gods Word
' i written, neither may it lb expound one place of Scripture, that it be repugnant to
'another-, wherefore although the Church be a Witnefs and Keeper of holy Writ, yet as
* it ought not to Decree any thing againft the fame, fo befide the fame ought not to enforce
' any thing to be believed, for neceffity of Salvation.
ARTICLE 21.
' /^Eneral Councils may not be gathered together without the Com'tnaridment and
Will of Princes, And when they be gathered (forafmuch as they be an Aflembly
' of men whereof all be not Governed with the Spirit and Word of God ) they may
' Err, and fometimes have Erred, not only in worldly matters, but alfo in things pertain-
* ing unto God. Wherefore things Ordained by them as neceflary to Salvation, have nei-
'therftrengthnor Authority, unleis it may be declared that they be taken out of the holy
' Scripture.
Whence it is evident, that by the of the Church of wew, the beji of
them,are fubjebi to Error, which if true, ( and very few except the Po;*?, ^adPapifis da
deny ) Then with what Front can any Synod or Ajjembly of men Anathematize, and Damn,
and by Excommunication to the DevH, all that obey not their Canons ^n^iDecrees,
except thofe Decrees be evident from the plain and ondifputed fenfe of Holy Scriptures ^
For if it be acknowledged, that they may be in the ^reng, then others that they condeniif
may be inthcri^ht,- and ownedby Godi though difowrtedhy frail men.
The Popes, ( whereof their own Writers fay ) fomehave been Arrians, and denyed the
EJjvinity of Chrift, as Liberius fome Idolaters, as Marcellmis'j Ibme Atheifts, as
Alexander VI. and Leo X. that faid
Hem ! quantum reddit nobis hac fabula Chrijli ?
and Sextus IV. that built a Male Stew, for Sodomy; fome Conjurers and Socerers, as
Martin II. Sihefierll. John XIX. John XX. John XXI. SUveJtcr IIL BenediEi VIII. Sergihs IV.
Gregory V\. and many others, which fee at large in the lives of the Popes, writ by one of
their own Secretaries, Platina.
But I love not to rakg in this finkj, DOT had 1 mentioned it here, but a3 ileceflary to my de.
lign inffiewingfirft, all men are Erroneous, none Infallible i no,HOt the Po^ hirafelf, as
B • thti
/to
The TSlaked Truth.
* Teft. Rhein,
Atinot. Mat.
23. 2.
a Enchir. i
Conr.cap. 3.
dc Sum. Pout.
b Stella ill Eu-
th" * Rhmifis vainly vaunt and fuppofe. And fo fays a Cojhrm the Jefuite 3 and alio b Di-
dm-t*Stdui Suarez., and many others, and indeed the whole Fabrick of their
ftranse Relieion is built on this rotten foundation. Whereas the Church ot Jerttjdem, on
whom the Holy Ghoftdefcended, chang'd their Opinions if not their Canons, concerning
the obfcrvationof Circumcifion, Mefakal Ceremonies: for AEts they reqmred
not thofe Ceremonies; hut Jets 21, did require thztuj nay, St. Veter himfelf would
ex cap. p. not eat with an uncireumeifcd Chriltian , GaLz. if a Jew was prefent; notwithftan-
Afts 15.
Gal. 2.
/Ifts 21.
And St. Paul that re-
yet had Timothy Cir-
ding he was one that made the Canon to the contrary , Acts 15.
prov'd his inconftancy, Gal. 2. and would not Circumcife Tim-',
cumcifed, AEls 11.
If the Pillars ot the Church warp, can we think any other Canon-makers of the
Church are infallible, fo that we mult believe all they Decree in fpight of our Teeth,
or elfeby Excommunication Take'him Devil and forty days after Take him
Jayli
or!
Gratian. Dill.
16.
Cone. Tri-
dent.Sed. 5.
Can. 2.
Mifchief of
Impofitions.
This is, like the Mafcovkesy that acknowledge no Chritlians but themfelves, and the
Greek Church 3 or like the Donatifl-sy.th^t confined_ the Church of Chrilt to themfelves,
at leatt within the bounds of Africa 3 which was a larger extent than was afforded by the
Family of Tow, and many of our5«i?^n7?j: whofe Opinions in this kind arc derived from
Romcy like that of Va^zAa^atho 1. Thatcommanded that all the Popes Decrees. ftiould be
taken for the Oracles of God, and as true, as if pronounced by the Mouth of God, though
cowimry to Holy Writ.
Thus the Council oi Trent Dcereed^t that the?Churgh (that is) themfelves, had power
to change the Sacraments. And the Council o^Conflance did change the Inftitiition of
the Lord's Supper, by Robbing the Laity of the Cup with a non obflante to Chrills
command.
But now henceforth (this being premifed) I'le keep to our own Canons and Canon-ma-
kers3 of which, - /
t Query I.
TLljfik/-Ecclefiaftical-Canons that want the Stzm^ of Legifative-power (^or Ads of Parlia-
nient) are neceffarily binding and of force to w Englilh-Proteltants ?
Mifchiefof And this Inquiry was occaiioned by a late Difcourfc.or Sermon, Preached by the ReVe-
Separation. xzt\.d.T>oEtot Stilling fleet y May 2. 1680. ulGmldhally upon that Text 3. 16. Whence
he exhorts (in the words of his Tex^r;) his Auditory;, to walk by the lame Rule or Canon,
Tw iv7K c-tfgHv KAtfovty yct Canon is not found in fome Greek Copies, (as one has, in anfwer
to the Doctor, already very ingcnioufly obferved.)
But the accurate Mr. very pertinently in a Letter to the Dodor, puts him upon
declaring, what is this fame Rule ot CunoUy and makes it ? f which one would think,
fhould be very necelfiry, and one of the firfi things, as afoimdationy on which fhould be
any pertinent or rational Difcourfe.:) ^ot 'ii one certain Rule or Canon be not agreed
upon, it is impoffible to know when we ftraggle, and walk diforderly, deviate and err.
And alfo if Preachers exhort (as they ought) to walk by the fame Rule y and yet do
not declare what that lame Rule is, and who is the the Canon-maker, or Law-
maker, they had as good fay nothing at all.
But the wary Tiodot waves the anfwer to Mr. Baxter y and zithztwould noty. of could
noty or a'wry? declare, what isthe Ck«ow, andthe.Rule3 and are the Rule, ot Law-
makers 3 very wifely forefeeing that Mr. Baxter had got him upon the Locks
For it had been dangerous for a Proteftant Dodor to deny the King and Parliament to be
the only Law-makers, or,Rule, and Cation-makers.
But on the other hand, if the Dodor had declared againlt the Pafloral-Head and Synod
Can.139,140, fwho ftil'd themfelves the reprefentative-Church, and no man, in pain of Excommunica*
r4i! Anno ^ tion, to dare to derogate from theit Authority J poflibly he might fear to come within dan-
1603. ger and reach of the Bilhops Canons, atlcaft he might fear he had in fo doing arriv'd at
the Pillars ef, Hercules y and the fir eight Sy the ne plats «/t!fA.of his Preferments.
lint GO private-ends ought to byals any man, or flop his, mouth from fpeaking out and
plain fnch anecelfary Truth, for want of adjufting thi? C^ery, What is truth ?' What
is the Canon ? the Rule, this fame Law we ought all 'to.walk by, that we may all fpeak, the
fame things ?
For, if the Trumpet give an uncertain foundy ( an uudiftind found) who f sail prepare himfe^
jCor. 14. 8.- to the Battle? l Cor. I4, 8.
If one Clergy-man founds aRctreaty whileft others found—Boots and Saddles—T7 Horfe,
To Horfe 3 Into what confufions will the diftraded-people run ? and no wonder.
For certainly this is the great taufe of our Diviftons, not to be reinedied (at Icatt not till
agreed among our felvcs and) till we walk after the fame Rule.
For uniformity in Religionou^t to be the endeavour as well as Prayer of all true Chriftians,
Soiij. 15.64 that all of us may, with one mind and one mouth (too) glorife-Gody even the Father of ofH- Lord
ycfus Chrifly Rom. 15.6. . ;
But
The TSlakcd Truth.
But how is this pofiible, or that Chriftians (liould fpeak the fame things, and walk '
by the fame Rule, when this Rule is not agreed upon, no, not (as aforefaid) among
our fclvcs ?
For iftheAftsof Parliament {thcMmvcv^zWY-confejfed-Lawo?Eftgland., even in Reli^i"
on) he the Rule or Canon, and the King and Parliament the only Law makers or Canon ma-
kers fas who dare deny, ( now that the Popes Hierarchical Head is cutoff) without In-
curringa Pramunire) and that can, and (being the only Peprefentatives o(the People of
England ) alone ought to make jitls of uniformity in Religion, and of all other things efpe-
ciallyto have a care of Religion, and a fyr owr Religious men; Then how comes
the Convocation to call themfelves the Reprefentative-^nrch of England ? and thunder out Ex-
eommunication, which (with them) is eternal Damnation, if men die before they recant and
publickly repent their wicked Error, in thinking to the contrary ? 4 • '
And ask any of the Convocation at this day, if they alfo do not look upon themfelves
(and value themfelves) as the Reprefentative-Church of and they will notlurely
deny it •, For if they be not that, what are they ?
But though thofe that made the Canons in 1603. might in fome fenfe be called the Re-
prefentative-Church of England, and fo alfo were that Synod of London that made the Canons
adnno Dom. 1640. which are commonly called the Lambeth-Canons, and are Damn'd alrea-
dy, as rie dcmonftrate beyond all contfadidion, if any dare deny fo great and evident
a Truth.
Yet the Synods and Convocation now adays, have not the Authority they had, they arc
fcarce the fliadows of thofe Synods, and yet the Authority alfo of thofe Synods in 1603 and
1640^ and all they did is now abrogated taken away by Ads of Parliament, and their
very beings annihilated, aud made of no force, power, ftrength, norvertue-, as I lhall fhew
hereafter 3 much more, the Synods and Convocations af this day, who are fo far from be-
ing the Reprefcntativc-Church of England, that the people of England have not the leaf vote'
or fuftfage in theirEledion-, they have not any (I had almoft faid norneither)
ih the choice, 1 am furc nor head in it; 1 mean, their advice is not askt about it. \
Nor iildeed (as 1 fliall prove hereafter) are thefe Synods fairly Elcded by the votes and fuf-
frages of the Clergy,the Inferiour Clergy 3 and fo alfo are not fo much as the Reprefentatives of
the Clergy.
For though the Generality of the people heed them not fo much ; yet they look upon the
Inferiour Clergy to be at their Beck, andfiill within their Clutches.
' And tothat purpofe, to make them eafie and to be ridden, and to bear, (hkeljfa'
char) all the burdens they impofe> without daring to kick them ofr3 they month them, before
they backyhem, with anc^c. Oath (in the 6th. Can of 1640.) of Canonical obedience, which
if they had not a good Swallow would choak^them in the going down.
\
■ But (finally my Babe of Grace) forbear.
Will be to far to Swear 5 _ PoS
For 'tis (to fpeak in a familiar Stile)
A Yorkfhire Wea-bit longer than a Mile.
This pretty <src. Oath of obedience Canonical, is in thefe
words, Can. 6. of 1646.
1
IA. B. Do Sweaf , That I do approve the Dotlrine , and Difcipline, or Government
efiablijhed in the Church of'Engis.nd, as concerning all things neceffary to Salvation: And
that I Will not endeavour by my fejf, or any other, direShly or indiretily, to bring in any Po-
pijh Doctrine, contrary to that which is fo efiablifhed : nor will I ever give my confent to alter the
Government of this Church', by ArchBifwps, Bijhops, Deans and Arch Deacons, &c. as it
ftands now efiablijhed, and as by right it ought to fiand, nor yet ever to fubjePl it to the Vfurpations
and Superfiitions of the Seeof^oiae: And all thefe things I do plainly and fin'cerely acknowledge
and Swear, according to the plain and common fenfe and underfianding of the fame words, without
any equivocationy\ or mental evafton, or fecret reftrvation whatfoever. And this I do heartily,
willingly, and truly, upon the Faith of a Chrifiian. So help me God in Jefus Chrifi.
And if any man Beneficed or Dignified in the Church of England, or any other Eccleii-
aftical perfon fliall refufe this ( &c)) Oath, the Bifhop lhall give him a Months time to in-
form himfelf 3 and at the Months end, if he refufe to take it, he lhall be fufpended ab officio,
and have Ti fecond Month granted, and if then he refufe to take it, he fliall be Sufpcnded ab offi-
do. & beneficio, and have a third Month granted him for his better Information; but if at the
end of that Month he refufe to take the Oath abovenamed, he fliall be deprived of all his
Ecclefiallical Promotions whatfoever^ and execution of hisFundion which he holds in the
Church of England.
Solomon fays. The mercies of the wicked are cruel: but whether the Imprudence or the Impu- Pm?. 13. t
dence, the ignorance or the audacioufnefs be greater, for men at this day to dare to put thofe
Canons
The 'Naked Truth.
Ciinons in execution, tind to Qj^te them, and give them in charge, as Rules, and Ca-
nons, and Laws to the preient Clergy, when they are condemned by 17 Car. 1. n.andai-
fo by Car. 2. 12. Query, What Penalty they do incur xhdX. dare fet up Laws in De-
liance of the Statutes of tius Realm, to enthral the Kings Liege People ?
Lor both Laity and Clergy arc in a fine at this wicked rate.
Since that whofoever denies the King and Parliament to be Legiflators, oral-
firms that the ancient Hierarchy ot the Pope is yet inbeing, or that any other have power
to rhake Laws in this Realm, contrary and Ktpngnant to the Kings Prerogative-Royal, or
the Cuftoms, and Laws or Statutes of this Realm, lhall be punilhtcr'c. on the one hand-
( For what skills it, to cut off' the Popes Prelatical, Hierarchical, or Paftoral head^ and
fct up (with a new-name ) another in the Room of it, whether Presbyterian, Fifth-mc-
narchy, Prelatical, or any other Bigots! this is to cut off Hydra & head, when another as
had and altks ( two Twttis ) flarts up in the Room of it.)
But, on the other hand, if either Clergy or Laity derogate from Holy Synod, and do not
Can I2C 140 acknowledge it to betheReprefentative-Church of EnHand, and that dare affirm, that the
' Government of the Church by Arch.Bilhops,Bi(hops, Deans, Arch-Deacons,and the reft, or
crc, is Antichrillian, or contrary to the word of God, fliall be Excommunicated, never to
be abfolved , until they repent, and publickly revoke this wmked Error.
I know foiue that have as good a Swallow as thehefi Latitudmanan ofthemall •, but of
Can. 7.1603. they molt dread a for though you efcape one horn, you are
catcht and toll: upon the other. , n. 1 l j ^ ,
To affirm the Pope or (any thing like the Conciave ) any other Paftoral head to be the
Snpream head and Governour of the Church, is to incur a Trmmire, by denying the
Kings Supremacy, as alio by denying,the King and Parliament to be Legiflatorsv
(And there is not a Protcflant in W (if a Lay-man j that dares, or does deny the
Kings Supremacy, the: King and Parliament are the o»/>'Legiflators, Law-makers,
or Canon-makers;) , , r , t ,
Nay, the Lay.men are not much afraid to fay, that the Government of the Church by
Arch-Biihops &c. or & Reliqnos, ( whether Comnnjfarks, Officials, Arch Deacons, Sumners
or Apparitors, Surrogates, Regifiers, deputy Regifters, Canons, Petty canons, Prebends, Reft-
dentiaries, Non-Refidentiaries. Chapters, Chanters, Precenters, Rural-Deans, Sub-Deans, Vkar^
Generals e/j4wce//o)'5,c^c. (which lafl: area kind of which we laugh at in the
Presbyterians; are not f ound, nor (in the leaft ) mentioned in the word of God, although
they are threatned with Excommunication ^ which ( in their fenfe ) is eternal damna-
tion, (until they recant ) (publickly •, ) and within 40days (afterExcommunicatioa)
^^"^B^rt'he Clergymen (poorSouls') they are hamper'd with^«d-c. Oath of Canonicalo^,
bedience^ dare not fay any thing in defiance of that &c. Oath, though it be condemned
(which they honeftmen donot know^ citlcaftj very few of them) by Adt of PcirliEment i
namely by the 13 Car. 2. 12. asaforefaid.
The Statute 25 Hen.S. 19. condemns the Popes Supremacy, and all Hierarchy and
ajH. 8. ip. Canons which were prejudicial to the Kings Prerogative Royal, and to the Laws and Sta-
tiites of this Realm i and gives Power and Authority to the King ( Hen. 8.; to nominate
and affign at his pleafure thirty woPerfons of his Subjects, whereof fixteen to be of the
Clergy, and fixteen of the Temporality ( Some Lay-elders then in thofe times) of the upper
and nether Houfe of the Parliament, to view , fearch, and examine the Canons, Confti-
tuticns, and Ordinances Provincial and Synodal heretofore made, andfuch as they judg'd
worthy to be continued, fhould from thenceforth be kept and obeyed.
But I never heard that thefe Commiffioners did ever do any thing to the purpoje.
Yet this Power of granting Ccmmiffions and Authority of this nature, was by i Eliz,
I. for ever united and annexed to the Imperial Crown of th"is Realm •, and upon this Statute
- andwas the and High-Commiffion-Court, and the Authority
of all Canon-makers Synodical. _ 4 ,r • ,
But down came the Fahrkl^h^ repealing 1 Eliz, 1. m 17 Car. I. 11. and aliom and
^^By which lafl Statute that unreafonable Oath alfo ew Oj^cio, ( by vertuc whereof the Spi-
ritual Courts if a man had lain with a Wench, or a Wife had plaid foul play, if exansined ■
by every little Surrogate and Regilter, mutl either be their own accufers, or by Perjury damn
themfelves) was abrogated alfo and taken away, together with that fame choaktng &c.
O^tkand for company all the Fraternity thereof^ and Fellow-canons of i640.and Provifion
made by flriking at the foundation i EUz.. i. ( on which their High-Coramiffion-Courts
were biiilt) that no more Commilfions be granted by his Majefly for the future; but the
Spiritual-Courts by that Statute of 13 Car. 2.12. juft in ftatu quo, wherein they were 1639.
Now, will it he worth thewhiletoconfider what State they were in 1639? tto great, 1 le
warrant, if their Bafis on which their Star-Chamber and High-Coramilllon-Court were built,
be taken away. - n. r ^ j •
For the faid Statute of 13 Car^ 2.12. does not only provide againft the Canons made la
the year 1640. but alfo againft any other Ecclefiaftical not formerly confirmed, allow-
cd
The Naked Truth.
ed, or Enacted hy Parliament (" which the Canons of 1603. never were ) or by the eftablilh-
ed Laws of the Land as they ftood inthe year of,bur Lord 1639.
So that it is not ib difficult to get out of this Labyrinth that does fo puzzle many men, as
fomc do imagine.
for all EcclcfiaRical Jurifdiftions till the Statutes of8. to the contrary werede-
rived from the Pope as SupreamHead of the Church: This Head being beheaded, the Su-
prcthacywas veiled in the Crown, and for Rules and Canons to walk by, King8. was
emfowered by the Statute aforefaid to nominate 32. Commiffioners, one Moiety Lay, and
the other C/fr0 ; yet they did nothing, (perhaps for that reafon.)
But 1 Ed'. 6. 2. This great Flowerofthe Crc\vnht?iksa. care for, and not ornament
only, but for weightier rcafonsitis Enaded, that all Procelfes Ecclefiaftical, Summons,
Citations, &c. be from the firft; day of J«/y then next following, made inthe name and with
the Sb/tf of the King as it in Writs original or Judicial at the Common law •, and the Te/?
thereof in the name of the Archbifliop, orBifhop, or other having Ecclefiaftical jurifdidit
on, who hath the Comraiffion and grant of the Authority Ecclefiaftical immediately from
the Kings Highnefs, and that his Commifiary, Official or Subftitutc exercifing Jurifdidion
under him (hall put his name in the Citation or Procefs after the Tefi.
So that it there any Ecdefiafikal'lux'i&ixCdon in England, diJlinB his Majefties
Lay-Courts, they muft be fuc'.i as acknowledge his Majefties Supremacy above their
Hierarchy, and as a Teftimony thereof all their Proceflcs Ecclefiaftical, Citations,
Summons, &c. ought to be made in the name and with the Stile of the King, as it is in Writs
original and judicial at the Common law: and alio the Kings Arms Engraven in the Seal of
thdr Spirital Court.
Oh 1 but this would be to buckle and ftoop, and thruft the Hierarchy and holy Paftoral
Head under a Lay-girdle ( for though the Pope be exil'd this Realm, it is hard to exile
the Hierarchical Spirit , witnefs the Fifth-Monarchy men, Presbyterians, and you kpow
who) they'ie keep no Courts at all firft 3 no •, will they not ? Then who cares ? who are the
Lofers ? Jf they go thereto, andbefo pettifh.
And it is a proper ^ery, what penalty they have and do incur by keeping their Spiritual
Courts otherwife ( which were firft founded upon the Popes Title, and fince that deter-
mma'tioh ) nowvefted in his Majefty, as all other Courts (good reafon and Law too )
and all their original and judicial Procefles ought to be in his Majefties name, and under
the Seal of his Majefty, as a token of their due Homage, by ftriking Sail, and lowring their
old rotten, orver-worn Top-Saylsto the Kings Flag.
''Tis true, the faid Statute of 1 Edw. 1. 2. is repealed by i Mar. 2. but I
care not for that, for it is revived again by Repealing 1 Mar. 2. in the Statute t
J at. 2j..
And 'tis vvell worthy our obfervation what ( i Mar. 2.) The Bifhops and Clergy of the
Province of Canterbury (in their Convocation affembled J do acknowledge and confefs in
their Supplication to their IMajefties (Philip and Mary ) in thefe very words; Infuper Majefla-'
tibtts vefiris fuppUcanrns pro fiia Pietate efficere dignentur ut ea qua ad Jurifdidionem nojham Cr
Lihertatem tcclefiafiicam pertinent, (ine quibus debitum nofiri Paftoralis officii (^r euro, anima-
rum nobis commijfa exercere non poffumus, nobis fuperiorum temporum injuria ablacd, refiitu-
antur, Cr ea nobis, cf Ecclefd perpetuo illafa & Jalva permaneant ut omnes leges, qua hanc
noftram Jurifdidionen lihertatem Ecclefiajlicam tollunt, fen quovis modo impeuiunt, ahrogentur,
&c. (that is) Moreover we do in all humility Petition your Majefties, That out of your,
great Piety you would vouchfafe to make fuch' Provifioh, That thole things which belong to
our Ecclefiaftical Jurifdidion and Liberties (without which we cannot duly difcharge that
Paftoral Office and cure of Souls committed to'our Care ) and taken from us lately by the
Iniquity of the Times, may be again reftored to us, fo that they may for ever remain invio-
late andfafely fecured, and aflured to us and the Church-, And that all the Laws (which
have taken away, or do any ways hinder our Ecclefiaftical Jurtfdidion and Liberties ) may
be made null and void.
Fiere s ado and a whining for their dear Ecclefiaftical Jurifdidion, and Liberties, which
( the Convocation themfelves being Judges ) were at that time taken from them and abroga-
ted •, and iffwe they have not cafch'd it again, 'tis to be fear'd, hisdefperdte now,
and never to be retriev'd.
But Queen Eliz.abeth was enabledand e»>ptvere^('tis the words of the Statute ) to re-
trieve their Ecclefiaftical Jurifdidion by granting them Commiffions to thatpurpofeo£
which large Power granted by Parliament, they made fuch large ufe, as is complained in 17
Car. I. II. ( at large-, Jagainft Magna Carta, &c. (which I am loth to repeat, but
would willingly have it lie buried, and,never rife up in Judgement againfc any Succeflbrs
as feem to be of thecomplexion,) that 13 C?r. 2. 12. damns all fjch Com^
miffions for ever, and that his Majefty nor his Succeffors ffiall never grant them any more 3
Repealing lEUz.. i. their great Foundation, So that we are come at length to iSs.
fohttion of the Query.
For iftbe Spiritual Courts'ht askt thequeftion. By what Authority they do thefe things, and
who gave them this authority t Whether God ozman ?
G pFot
t
The Naked Truth.
Not God ( for certain J) becaufe there is not the leafl; Specimen of Chancellors, Regi-
flersy Sitmneri, Officials, Commiffanes, Advocates, Notaries, SHrrogates, See. or any ejafdem
farina in Holy Writ.
Nor from Man v becaufe his Majefty has by Statute Enaded never to empower them with
any more CoramilTions to the worlds end.
But if they pretend they have it ah origine, (as was their original) from that old Hierar.
chy of the Fope that founded them, they incur a Prammire •, (thegreatefl of puntff mem s on this
fide death) nay, any might kill a man attainted in Prammire without being profecuted as an
Homicide, till Eliz., 5, i. took away that fevcrity y but at this day they forfeit and
liberty, but not life.
So that if the Queftion (I fay) be put to them concerning their Ecclefiaflical Jurifdidion
and Spiritual Courts (as in another cafe it was put by our Bieffed Saviour to the Pharifees)
Is it from Heaven or from men ?
I fear all f/jnVZ,e^r«f^^Dodors of their Canon-Law raufl: anfwer, as the Pharifees did,
IVe cannot tell.
Andiffo, I think, they have brought their Hogs to a fine Market', if after alH^« Cry, there
appear tobe/o little Wool r who'legive five hundred pounds for a Chancellors-place, and as
much or more for a Regifters-place ?
And though the Clergy or others might (by the Kings Commilfion) make Laws and Ca-
nons while i Eliz.. i. was in force, and which lafted all her (and King his) Reign, and
till \yCar. i. yet then the branch of that Statute of i Eliii. i. being taken away, andal-
fo Repealed by his prefent Majefty Car. 2. 12. till which time the Canons in 1603 and
1640. were in force, but now that their Bafis is taken away, (that branch i Eliz.. 1. ) d
cannot difcern where their Authority lies, ( more than in the faid days of Queen Mary,
when they confeft they had none. )
But this I do not peremptorily alfert, but leave it to the confideratlon of men of greater
abilities, reading and leifure 3 than my neceftary Diverfions and conftant Employs will at
prefent admit.
And 1 wifh with all my heart (if wiihes would do) that mofi- of the Canons of 1603. and
alfo fome of 1640. were of more Authority than indeed they are.
And if the Reader knew me, he would alfo know it is my Interefl ( which can never Lye )
to have them and the Clergy and the Hierarchy too of greater and more juftifiable Autho-
rity, than they have at prefent.
Yet neverthelefs, as 1 have Chriflened this my Difcourfe in the Title-page, The Naked
Truth, it (hall never be faid, ( whatever be the Confequence ) that it derogates from the
name.
I have no Picque, no Dcfign, no Interefl: againft Ecclcfiaftical Jurifdidion, but on the
contrary, I have one of my own •, where my Predeceifors have exercifed as much Ecclcfi-
aftical Jurifdidion, (though not fo often, it being but a little one ) as any Bifhop in En-
gland', and therefore if the Naked Truth idid not y//wceZ«ff re)?, I would not enlarge one
Syllable more.
And 1 will further add, that thefirft Reformers (whereof many of them were Martyrs)
dofeem to be fo divinely Infpired in compofmg the 39 Articles of the Church of England
(that is, of the Dodrine of the Church of England,) that there is fcarce one Fanatick in En-
gland fo Foppifli as to differ or deny •, fo evenly have they cut a hair betwixt the Remon-
firant and Ami remonfirant, and other diverfity of opinions, that though they differ toto
Ccclo from one another, yet they all concenter and agree in thofe 39 Articles of the Church
of England.
But when the faid Branch of i Eliz.. i. gave power to the Queen and her Succeflbrs to fet
up a High-Commilfion Court, They made work^ (I'le promife you,) woful work fometimes,
and about trifles too.
So that 1 muft fay of them, and the Canons of 1603 and 1640. as is ufually faid of a great
Wit: viz.. Nullum magnum ingenium fine mixtura dementia.
And this will appear if we further confider, that even thofe men of the Hierarchy that
moft vaunt thofe Canons and Impofe them upon others. Though a burden too heavy to be
born, yet they themfelves will not touch them with one of their Fingers, when thwarting
their Intereft ^ of which, takea few Inftances, that firft occur and come into my mind.
Who regards or obferves Can. 2.4, 5.7.9.11. & 14. of 1640 ?
¥ov Socinian-Books, and alfo thofe of Brownifis, Separatifts, Anabaptijls, Eamiliffs,
and other SeHs burnt ? Are none kept, bought nor fold, as Can. 2. & 4. does enjoyn ?
Is the Communion-Table every where plac'd Altar-wife, and Rail'd in, as recom-
mended Can.-pi
Indeed the 6^/7. Canon with thed*c. Oath, is too much kept, andafhame it iliould be
fuffcred (Indeed) to be Impofed upon the Confciences of the Clergy, being difallowed by
Ad of Parliament, as aforefaid.
But pitiful is the cafe of young Clergy-men efpecially if they be put to the fad choice, ei-
ther to fwallow the Oath of Canonical obedience, with the &c. to-boot and into the bargain,
Of elfe ftarve for yvant of Inftitution to a Living,
Are'
US'
The "Milked Iruth, 7
Are all Conventiclers, Separatilts, and members of garhered-Churches Excommunica-
ted, and every three Months declared to be fuch, to pat the Zealots in mind to cake oat
de excoMrmmicato capiendo and pat them all in Gaol? And who will
lay out money to build Gaols enough to hold them all ? Ca?7. 9; and 11. andGj«. 65. 1603 ?
who reads Prayers upon the Inauguration-day of Charles 2. as enjoyned Can.x'i who
furnilhes all the Parilltes with two Books of Common-Prayers compiled for that purpoie,
as decteedC^w. 2f
Who does upon every Eve of theFellivals, and Saints days in the year, as well as upon
all Holy-days read Prayers publickly *, or if they do a little in fome places in the Morning^
how few in the Afternoons^ and yet enjoyn'd Can. 14?
How many Spiritual Courts do take care to put into the Condition of the Bonds of Sc-
curity given by the Party to be Married by Licence,
That the Parties or one of them have or hath been a Month eommorant in the faid. Jurif.
didion, immediately before the faid Licence granted ? look the Condition of their Printed
Bonds, there's not a word of it •, but catchj that catch may-j they know among themfelves
the weaknefs of their Canons, and therefore every one makes his own Market and the belt
he can of them, yet this is decreed 16. 1640.
Who can make the States oi Fenicey Holland., Genoa., Switz.erland, &c. believe that the
moll: High and Sacred order of Kings (if taken in oppofition to Arijlocracy., and other modes
of Government^ is of Divine-Right, being the Ordinance of God himfelf, founded in the
Prime Laws of Nature and clearly eftablifhed by exprefs Text both of the Old and
New Teflament •, as is alTerted 1. of 1640?
Did ever any Prote(tant or Popijh Divines aifert any fuch thingi before this Synod de-
creed it ?
Was not the firfi; Government by Mofes the Pricft changed by God's exprefs Command
into an Arifiocracy ? Did not Mofes complain to God for redrefs, as unable to bear the Num. ir. ir,
burden of Government himfelf alone ? becaufe it was too heavy for him., and made him H*
weary of his life.
Wherefore f/jc Lord chang'dthe Government into a kind of Ariftocracy, or Kin^ and
Parliament (if you will) and took the Spirit ( of Government) that was upon Mofes arid
gave it unto the feventy Elders. Verf. 16, ly.
That a mixt-Monarchy is the beft Government, is the opinion of mofl: That the Englidi-
Conftitution of Monarchy is the heft kind of Government (and one King) and mt feven lungs,
(asof old)andEllablilhedupontheDm«epoy;»t;e Lams of the Land on which it was firft
founded and on which it ftands the moft fteddily; and that it is not contrary to Holy Writ y
is not only my opinion but the opinion (I think ) of all Englifh-men j nay, almofl of all the
world, that envy our happinefs.
Every thing ftands fureft on its own bottom *, but when men, to mount it higher, will make
it ftand upon imaginary Crotches and weak props, 'tis the way to mine.
The Holy Scriptures fay exprefly, thztxh^tois no power but of God, whether the Monar-
chy of Poland, or the Ariftocracy of Fenice, Genoa, &c. they are all of God, and the Powers
that be, are ordained of God, one as well as another and as much as unotbtt.
'Tis well the King and Parliament condemn'd thefe Canons as foon almcft as born •, For if
it once had been an allowed and an avowed Dodtrine of the Church of England, that Mo-
narchy (in oppofition to Ariftocracy) is of Divine-Right, founded in the Ptimc-Lawsof
nature, and by exprefs Texts both of the Old and New Teftament •, (and yet name not one
fuch Text) Then all the States of Europe muftby our Dodfrine be condemn'd as held jure
Diaholico, contrary to Divine Right , and the Prime-Laws of Nature, and contrary
to exprefs Texts both of the Old and New Teftaments: and if fo, what affurance could they
have in affiances and Leagues with a People that in their publick Dodlrines condemn them in
their very Conftitutions and Foundations, as contrary to God, Nature, and holy Scripture ?
But into what follies and extravagancies will mt men run when blinded with ftattery znd
Sycophantry ? and how diz.z.y-crown d are fome men when they are climbing or have
climy d too high, till their Brains are Turn-fick ? This 'tis tobeAXxot^mit'iaMttot, Bufte in
other mens Diocefes, and to meddle with things above our underftanding, at leaft above
our Cognizance.
The wringingof theNofe bringeth forth blood, and ftraining the ftrings too high, breaks
them, at leaft, Ipoils the Mufick, and endangers all; fuch Politicians as prefer Flattery be-
fore Truth, and things Pleafing before things Profitable do never bring good to themfelves
nor others in Concluiion, for magna eft Veritas & p-ravalebit. At long run. Truth is always
ftrongeft.
Thus you fee how needful it is, not only to count Moneys (but opinions too and DoSirinesj
after our Spiritual Fathers.
• Then for the Canons of 160 3. •
Who does always bid the Prayers before Sermon as Can. 55 ?
How is the Canon of 88. obferved. Prohibiting the prophaning of Churches, when I
could inftance that without moleftation, fome at this day are made Courts of guard for
Souldiers, feme are made Shops of, many lie defolate ?
Who'
llf
^ The Kaked Truth.
Who mind Can. 109. that prohibits Common Swearcrs, Common-Drunkards, nctori-
©us VVhorcmafters and Whores, &c. from the Blefied Sacrament of the Lords Supper ?
Do not even Bilhops hear men Swear a thoufend Oaths in their hearing, and either do not
or dare not ufe any difciflwe againft them •, and yet they pretend their great bufinefs is difd-
phne, and if they be not good at that, what are they good for more than the Inferiour Clergy,
that bear the harden and fweat of the day ?
The 112. enjoyns Minifters and Churchwardens to prefent every one of their Parifh
that took not the Sacrament of the Lords Supper, ( being 17 years of age, of either
Sex) at Eafierlafi-^ Is this done? or if it be, what comes of it ? more than to help the
Rcgifters to a little money fometimes, and in the Interim brings all the Pariih about the cars
of the Mlnifter and ChurchWardens ?
The 119. commands all Church Wardens to make a true Prefentraent of all and every
the Articles given them in charge, and to which they are Sworn, and not ferfuntlorUyy
and for form fake onlY : But let but the ChurchWardens give the Regifters their money,
and iubfcribc omnia bene'., though all be amijs, yet all is hcal'd up withnvj or three
jhtllings. • • e
The I icth. Canon decrees that all Citations of quorum mmwa Ihould Be lent out lublcrB
bed by the Judge or Surrogate of the Court, and not only by the Regifter, But whoob-
icrves it ?
The 155. and cujoyms. Table of Fees to be hungup in the place where the Ec-
clefiaftical Courts are kept, that every one may at his picafure take a Copy,, but works of
darknefs hate the light.
The Statute enjoyns upon great penalty, that they Ihall not take above 6 d. for any Let-
ters of Adminiftration or Probatcy where the Goods of the Deceafed amount not to 5 /. But
they will have 17 j. lod. though the Goods come not t040 j. and 18 s. 2d. where the
Goods amount to above 40 /• And for cngrolTing the Inventory, and one Story or other,
they'Ie make the Adminiftrator pay at the leaft 17 j. or 18 i. f when the Goods come not to
40 s.) And when the Goods come to above 40 /. they never take lefs than fx and twenty
fometimes 30 j. fometimes 40 fometimes 50 fometimes more., as I can inlfance
in very many particulars.
And if a poor man Indid them upon the Statute, they have fc aany Holes to creep out at.,
and great friends (that go fnips with them perhaps ) that littL good is to be done upon
them, as well as little good by them.
But I confefs that the Canons of 1605. and 1640. ftandupon weak Foundations, for the
realbns aforefaid, in comparifon of thofe Canons made by the Fonv firfi General Comcils
( wherein all confent) and alio all other Canons Provincial and Synodical made before
25 Hen. 8. are all by the 19. of 25 Hen. 8. confirmed, fo that they be mt contrary and repug-
nant to the Laws of this Realm.
Yet in the i %th and i6r/3 Canon of thefirfl General Council of A/zVe, it is provided, that
Bi(ljop fall remove from one Bif op-rick, to another that is fatter and better ; nor that any Pres-
byter remove from one'^enefice to another, becaule l\it great Tythes fU a greater Barn.
( By vertue whereof Eufebms Pamphilius (that writ the Ecclefiaftical Hiftory ) refuled to
remove from the little Bilhoprick of Cafarea, to be the great Bilhop o^Confiantinople ( prof«
fer'd to him by the Emperor Conftantine the Great) ( But Gonfiantinople, in thofe days, no,
nor yet Pome , had' an Arch Bi(hop, that name was not yet in Falhion. ) And for this mo-
deity of Eufebius, ( as one that was Proof againft Pride and filthy lucre,) Conftantine decia-
red he was fit tobe Bifop of the whole world. )
But I mult reclaim my Pen, for if I go on in inftances of this nature and. at this rate,'
what will become of me, if fome men happen to difcover who I am, and fee through my Con-
cealmefitl for it is a known adage of old, confirm'd by every mans daily experience, Obfe-
qniim amic6s,-veritas odium pairit *, I know, a Tyger is not more enrag'd nor more revengeful,
than a Proud and Covetous man when he is told thofe plain Truths that gaul him ; e^eci-
ally if he be a man of much Power and little Grace.
Not a word more, therefore ( at prefent efpecially •,) and the rather becaufe the fubjeft of
my Difcourft will lead me to name fome honeft Canons hereafter that will cut fome men to
the very heart, that are mightily for the Canon Law, and yet praftile it not in any thing that
thwarts their Pride and avarice.
But I Ihall do it in hopes that thofe Canons may do fomegood niion them, for really I be-
lieve, fome of thcfe impofers of Canons upon others, never heard of fome that I fliall name
by and by, for all their vaunting of Canons, Canons; 'tis probable they have ply'd their Guns
and fuch Canons, more than ply a their Books, or elle they could not be fo ignorant, as I per-
cefve fome of them are, upon Dilcourfe.
But 1 cannot fully handle this Argument of the Canons, except 1 enquire in the fecond
place, •
Query
7lx NAci Truth.
9
' Qiiery II'
what ktttd of Canons mre in tife in the Apoftles dayes , and Primitive times, and who the Puer. 2,
frfi Inventers or Founders of Canons ?
CAnon is the Greek word for a Carf enters-Rule., it is a wordof ArchiteBttre : fignifying the
Ride, in building.
Whence it is that the Holy Scriptures'are called Canon: as in 6.16. Phil. i6.
and in fcveral other places; Canons therefore are nothing elfe but Ecclefiaflkal Rules or By- ' ■
Laxvs made by the Church for its better edification.
Thtfirfir Synod ({ay [owic) or rather private Conventicle of Chriftians after our Blefled Syaodi.
Saviours RefurredfionjWe read of i. and they met about the choice of an Apoftle to fuc- Afts i.
ceed fndas and take his place, St. Peter being the Prolocutor, when the whole number of
names was 120.
To thefe Brethren St. Peter makes a Speech, and ( not he, but) they fsnoaj-, Stataermi,
made a Statute or a Canon, pablice cfr totius Collegii faffragiis, the moll Votes carried it.
The lecond was called ABs 9. to make new Officers in the Church, called Overfeers for the Synod 2.
poor, or Deacons j which laft word in the Original only fignifies Towr humble Servant • or a
ready and vigilant Minifcer.
Therefore fometimes the Mdgiflrates are called Deacons, Rom. 13 - 4.
Sometimes women zxt{b called, Rom. 16. i. Sometimes St.Pad is called a Deacon, Col. i.
23.25. 2 Cor. 1.6. and fo is Timothy, i Tim. 4. 6. Sometimes all Believers are called Dea-
Cons by Chrift himfelf, John 12.26.
And at this meeting the Principal EleBors that chofe thefe feven Deacons, were the People,
the multitude of Dilciplcs, ABs 6.2,5. when they were pleafed, Then they (the mdtitude) .
chole Stephen.
The third was a Conventicle of the believers of Jerufalem; And from this of all other in o
Holy Writ all the Councils in after Ages derive their Authority, as well as Platform.
For this was the firft that made Canons or Decrees to bind the abfent ■, but what Burdens or
obligations ? only a very/fiv and very eafie, and under no penalty upon thofe that difobeyed;
yet in this Council where mt only the holy Apoftles, but the Holy Ghoft was prefenc
and prefident, yet for all that, thofe few and harmlefs Canons there made, were not (like
the Laws of the Medes and Perfians) unalterable and irrefragable.
For at the next Council held in the fame Town, and by the fame men, St. James and the
reft of the Presbyters, ABs 21. 18. were of another opinion (asaforefaidj concerning the
obfervation of Mofaical Ceremonies, particularly Circumcifion.
But the Canons of the fame third Synod , we find in ABs 15. 28, 29. only two verfes Afts 15.2
not a Boo\of Canons; and thofe Canons (or rather one fingle Canou,)jhort,fdl, modeffi and cha-
ritable •, namely, Jt feemedgoodto the' Holy Ghofi and to us, to lay uponyou no greater .burthen
(they were not wanton in their Impolitions, but how tender, and loth to load men ) than
thefe neccffiay ( not trivial) things ; That ye abjtain from meats offered to Idols, and from blood,
and from things fir angled, arid from Fornication ; from which, if ye kpep your felves, ye jhall do
Well •, Fare ye well.
Ye fliall do well, fare ye well •, why ? thads well faid, and honeftly, and Chriftian like.
That's a great deal better and more like good Chriftians than to conclude their Canons with
Curfes and Anathema's, and take them Satan *, but modeftly and pioully, ( not the language of
HeBors ) but the language of the Holy Ghofi •, ye (hall do well, Fare ye well.
But chat's not all the Remarks 1 make upon this Synod, and Canon •, it begins. It feemed
good to the Holy GhofiP and to tts
In which Stile run all the Canons and Decrees of Councils, ever fince, but how Apijh ?
how mimical? many times ? The Holy Ghoft did indeed in the Primitives times
come frequently not only upon the Apoftles, but upon Chriftian in the gifts of Miracles,
Tongues, (^c. that they might well fay, (andtrulytoo ) It feemed good to the Holy Ghofi
and to us.
But for men that are only Apes, nay, that cannot fb much as (hew any (igns of the Holy
Ghoft, (than as it is brought from Rome, &c. in a Cloak-bag ) for them to Preface at the Pr'i-
mitive Rate -It feemed good to the Holy Ghofi and to us—Oh Confidence and Forehead!
This third Synod was Celebrated at Jerufalem about fourteen years after our Saviours Re-
furreCtion, in thtyth Claudii Imp. Cafaris.
There (when St. Peter, St. Paul, St. Barnabas, and St. had made their Speeches)
The people were very well pleas'd. Acts I y. 12.
Had the Apoftles the gifts of the Holy Ghoft ? fo had the people •, all the Affembly,
ABs 2. I, 2,7,8. Did the Holy Ghoft defcend upon the Apoftles ? fodidhe«po» all the
people, ATs 2. 38, 39. upon all that repented andwere Baptisced : were.the Apoftles filled with
the Holy Ghoft ? fo was all the Affembly, ABs 4. 34. fo was Stephen before he was choien
IDeacon, ABs 6. 5. fo at all believers received the Holy Ghoft, ABs 8.14,15,16,17
nay, the Holy Ghoft fell upon the whole Auditory, ABs 10.44. And that there fhould be no.'
D miftake,
m
lo The Naked Truth.
miftake, St. Peter ( you muft know it was before he was Pope) he confelTes there was no diffe-
rence, nor Preferenccj nor Prelacy; for like Prieft, like People, The people have received the Holy
Choft as well as we.
The Difciples were filled with the Holy Gholl, Acts 13.52. foalfo the Gentiles^ A£ls 15.8.
and the Holy Ghofi made no difference^ vcrf<y. no, po, ^Tis Pride and ambition that makes the
difference, The Holy Ghofl: in his gifts made none 3 in Temporal affairs there mu(l be a diffe-
rence, but to Spiritual gifts the poor are entituled as rtiuch as the Rich.
A Deacon, a Presbyter or Prielt are names wherewith the Apoffles and Primitive Chrifti-
ans were well acquainted', but Arch-Deacon and Arch Prieft, &c. are but modern coyn, and
did not pafs currant in the Primitive times of Chriftianity.
Yet if the ambitions of men did not extend nor aim at any higher reach, than to vye with,
or outvje their equals, contemporaries, or betfers, it is ftill but humane ambition and par-
don able.
But moft of the Councils whether Oecumenical, Provincial, or Synodical fince thePrimi-
tive times have, (ever fince the Gifts extraordinary of the Holy Ghoft left the Church) vy'd
with the Apoftles for the Infallible Spirit in their Afiemblies, not an ace lefs would they go.
Nay, (which is an ambition not lefs groundlefs than vain and ridiculous) they would
outvy the Apoftles in Monopolizing the infallible Spirit to themfelves alone (the Clergy,
forfooth.)
Whereas all the people, all the brethren ( asaforefaid^ received the Holy Ghoft as well as
the Apoftles 3 and they were confulted, and their advice aski in framing Canons as aforefaid.
It being meet, that they that were obligd Ihould have a hand, and -a heart, a vote and a
confent ( at leaft by their Reprefentatives) in thofe Decrees that obliged them to obedience.
But no fuch matter, no: For when the French or Spaniff faUion prevails in the Conclave,
when an Arrian Emperor makes an Arrian Council and confequently an Arrian Creed as at
Ariminum: and when anEmperor makes an Athanaftan , as in the firft General
Council of Nice-, when an Idolatrous Emprefs makes Canons for worfhipping of Images,
Harangu'd to it by fome of her favourite Priefts, as in the fecond Council of Nice when
Simony, Flattery, Hypocrifie or Sorcery creates a Pope, and a thoufand Fopperies, Partialities
and Intereft of Princes fwayes ht theConclave ofCardinals-,yet none of them all will bate a Tittle
of the old Preface to their Canons namely It feemed good to the Holy Ghofl and to w.
Confiantine (the great) was no Arrian, nor yet Eufebim Bilhop ofCafarea (before praifed)
whatever fome men imagine, but without dilpute he made the greateft part of the Creed
for the whole Council of Nice.
Thccxl. lib. I. As may be feen at large in his Epiftle to tfie people of his own Diocels 5 which the great
very well approved of.
But the Co«»a7 0/iVice had a hand in altering it a little, and made fome little addition
of the word Homou^os or Confubftautial ( which neither Eufebm nor any Orthodox man
does gain-fay) neverthelefs that un fcriptural word, (though according to the fenfe of
Scripture) made the greateft Schifm in the Church that ever was, and was (at laftj the
great caufe of the Turks Conquefts and Triumphs over Chriftendom *, The Arrians (which
oneevi as the Major part of Chriftendom) chufing rather to turn (that owned, and
to this day own the Lord Jefus Chrifi to be the great Prophet of God, and with whom they met
with fairer quarters than amongft fome of the Orthodox •, fofatalhas it been to Chriftendom
to impofe»«ycr2))f«rrf/uw^j upon mens Coufciences under the Title of the Infallible Spirit
and Holy-Ghoft, inmeerdifputable points, that will endure Conteft to the worlds end. )
As if God and our Lord f efm Chrifi with the Holy Ghoft, (^The Holy Trinity) did con-
demn all men, as faft as one man condemns another •, and meerly too, becaufe they cannot
fee to fplit -a hair ( as few men of all mankind are fo quick-fighted ) betwixt Homoufton and
Homoioitfion or, betwixt one fubflance with the Father, and alike fubffance with the Father.
Theod.^. I. j'ie only add ti.e words of Eufebhts, namely. Therein (in the faid firft Council of Nice )
It was Prohibited that any manfltould make ufeof any Terms which the Cttflom of the Scriptures do
not allow ; by which Phrafes or Terms) have happened all thefe Revels and Diforders wherewith
the Church is thus diflurFd.
Obferve howflgrecable that Note of Eufebius is to that Divine icth. Article of the Church
of England, fet down at length in the beginning of this Difcourfe.
And how careful our firft Reformers were, and tender of laying Stumbling-blocks
before the wealc^ not delighting to make them fall in hopes to get a top of them, or get
fome booty from them, much lefs did they cram unfcriptural Articles, Canons, and Creeds
down mens throats,and ram them down with aCurfe, an Anathema, or Excommunication
However no ctrc. Creeds and Canons are fo ramm'd down.
Again, by what Authority do they lay Injunftions and Burdens, Canons and Decrees on
all mankind chat are Chriftians ?
Whilft the Roman-Emperour had the univerlal Monarchy,there might be General Coun-
eils, to whom he gave Command to fit, approv'd or difprov'd their Ads, and gave life and
vigour to their Canons when Enaded But now it is next to Impofliblc (now that both
Emperour and Pope have fuch a Precarious fway ) that there fliould be an Oecumenical
Council, the Old Houfe is too much broken to pieces and divided againft it felf.
Befides,
The Tlaked Truth. I i
Belides,if mere were a General- Council, what T okens are upon them of the Holy Ghoft,
more than upon a Parliament, who pretend not to be Bigots, nor to'have the people Bi-
gotted, but ruled by God, according to the Laws of the Land they live in, in all quietnefs,
godlinefs and honelly 5 and in Rightcoufnefs and Holinefs, according to the Divine Laws
of the Land Men live in t
For if once Men come to difpute Authority, and the wifdom of the Laws and Lav/-makers,
the next ftcp is Confufion and Rebellion*, nor did, or can any Government under Heaven
fubfilf, when they arc not able to avow and execute their Lawsagaiuft all Gainfaycrs.
This, notwithftanding, does not urge that Governours, if wife, Ihould be voanton in
Power, and lay unnecejfary Burdens upon their people, (though mak^) for they are the leafi
<7^5 to bear*, and if the Laws or Canons they impofe be nothing but fo^ie necejfary things,
( as did the faid Synod of yerufaleni) there are none but obftinate and querulous perfons that
ivill rcfufe Obedience^ and fuch mull be made to know themfelves, or elfe the Govern-
ment fits very unfteady, as being precarious, f the condition of Supplicants, notoffuchas
bear Sway and Authority J
And one would wonder that thofe that have Ecclefiaflical Jurifdi<ftioh, (if now there be
any fuch thing) Ihould dcfire to hold it, at this Precarious Rate they do*, (i fay not this,
that I grudge any Power they have, but wifh them more.)
But Power ( though fading ) is fo pleafant to Ibme Men, that they are loth to part with
it, or, (likefrank Gamcfters ') venture it for a better, and as much more ^ rather like
drowning Men, they lay hold of that that does but help to link, and drown them in con-
dufion.
And is it not v;orth the greateft care to give relief in this Extremity *, or fetthe Church,
(that is) the Kingdom to rights, which has gonefb long lame and limping on the right
fide?
But how fliall this be done, (there's the skill) or wholhall do it ? The Synod fare^ that
call themfelves the Rep-efentative Church of England^ in pain of y^mthema to ^[\thzlda.TC
deny.
Ay, but the Laity, the Laity have got generally an odd opinion, to fee with their own
Eyes, and not by Spedacles, elpecially notSpellacles of Clergy make \ which of old they were
fo long us'd to, they thought it fpoiled their eye-fight \ and fo being kept blind, the Clergy
^ led them by the «ojf,whilfl; the ignorant Laity pinn d their faith upon the Clergy-mansfieeve ;
and Ignorance was the Mother of their Devotion.
Belides, The naked Truth is uniform, but Canons and Decrees of Clergymen dofb differ
and clajh one with another, that it is impoflible they (hould all be truth *, Tmth which never
yet was patcht and Pye-haVd, or wore a Party-colour d Coat.
But how has one Council condemn'dand curft another to the pit of Hell? How ufualfor
one Pope to dig up the Carcafe of his immediate Prcdeceflbur, and cither hang him up (in
Effigic at leafl;) or throw his dead Body ( after it has been fufficiently abuled ) at farewell)
into Tyber ?
Again, why do Clergy men only Reprefent in Council, and not all the Brethren (the
Laity ) as of old ? How come Synod men to be fo lickt, that all others compar'd to them,
are but an ugly (Ijapelefs of deformity ? Or,howcomethey,fkC/er^^,tobethe Reprefen-
tative Church of England, ( when met in Synod ) though the Lay people never gave any F'otes
in their Eledion, nor fo much as any of their Advices confulted, about the chufing thofe
Members of the Convocation? And if not, how come they obliged to obey their Decrees
and Canons, when they never gave them their Suffrages and confent?
Though the Clergy chufe fome of them,(the Nether-houfe) for fo they diflinguifli ( Parlia-
ment like) y tt the Vpper houfe h made up of Bijhops, and the Richer Dignitaries, Deans,
Arch-Deacons, Ci-C. which make up by far the major part •, the hferiour Clergy of the King-
dom have w Tofe in their Eledion, and yet muff be concluded by them, their Canons and
Decrees, as if they really had given their Suffrages to their Eledion, and the Conftituting
of the Synod, for it is all but umbrage.
As for Example *, In the Diocefs of London, there are Five Arch.deaconries *, namely,
the Arch-deaconrics of London, Ejfex, Mddlefex^ Colchefier, and Hartford.
In each of thefc Arch-deaconries, Two of their Inferiour Clergy are chofen Procurators
For the enfuing Synod, ( Eleded de novo as often as there is a new Parliament chofen,)
And thefe Ten (one would think j Ihould be a very fineballance to the Hierarchy and
Richer Dignitaries, (the Bilhop, Dean, Five Arch-deacons, the Chapter, &c.) and at-
moft, but not altogether able to turn the Scales.
But, (I thank'you ) when it comes to, there's no fuch matter*, fov itisfiveuo onethztnot
one of thofe Synod men (which with fuch ado are Eleded) fhallfit.
For the Bilhop, out of thefe Ten, chufes and culls out Two, and lends the reft home again,
as if they never had been chofen *, And how then Ihould thefe Synod men be called proper-
ly ( and in pain of Damnation fo owned ) for the Reprefentative Church of England, fvaco
they are not at all Eleded by the Laity ,«or any of the Vpper-houfe chofen - by the Clergy *, and
of the Nether houfe, but Two of Ten (that are chofen ) are fuffered to fit ?
Befides
- ^11
110
12
The Naked Truth.
Thcod, Iib.r.
e. 6.
Befides, that faid Branch of i Eliz.. i. on which the Convocation did once flourifh, be-
ing now wither'd and made of no effeft, what does a Convocation fignifie ( all thefe things con-
fider'd together) towards a Reprefentative Church of and to lay Burthens and
Impofitions (neceilary or unnecefiary) upon the Natives,without his Majeftics Commiffion ?
Befides, fince i Eliz.. i. is repealed, (whereby the High-Comnliffion-Court had fo great
Power, as ( by vertue of that Statute ) to dilpenfe with the faid Statute of i Edw .6.2.) af-
ter itv/as revived by i Jacob. 25. all the Reign of King James, and part ot Car. u
ib that they never did admit the Kin£s Arms into the Seal'of the Conr% nor yet vouchfafe to
fend Procefs and Citations, &c. in any other Name, (wo not the Kings) but their own only, is
to be attributed to the dreadful awe in which Nobles, Lawyers, Gentry,' and Commonal-
ty were kept, by the Terrors of a Star-Chamber, and High Commiflion-Court.
Which being now Diflblved, Quere, whether they mufl not be accountable for the
negleftofthat Statute of i Edw. 6. 2. whenever Authority fhall reckon with them ? (in
good time.)' But in other cafes 'tis faid, 'Forbearance is no Acquittance.
Thefe Oecumenical, Provincial, Synodical, Claflical, &c. and Synods, with
their D'lreSlcrieszxiA Imfofthns, Canons, and Decrees, have made a great deal ofnoife and
bub-hub in the World: which brings to my mind that pafiage ofEufebim, Bilhop of Nkome-
dia ( anArrian) to the Lord Vaulmis Bilhop of Tyrm, ^namely, -Seme approved one
Anfw.
ObjeT,
Anfw-
Party, fome another. The AElions of both parts lookt not only like a Tragedy, but alfo deferved
much weeping and lamentation. The cafe was not now as in former times j for they were not For-
raign Enemies that took. Arms againfi the Church, hut Men of one Houjhold, of one Kind-
red', yea, and fuch as were Fellows at one Table'. infiead of Lances, they whetted their Tongues
one againfi another. Nay, moreover, when they were Members compared and united into one body ;
yet for all that, they were armed to Battle withiri themfelves.
Then fince ( as muft be confelfed ) men whilft fci/wwwe atQihhfid: to erre, andefpecially
in their own cafes, and/or their own Jnterefi, to be partial, cruel and paffionate fince one
Canon contradiilts another, one Synod another, one AlTembly another, and perhaps all of
them repugnant to Truth, Holy Scripture, and the Laws of this Realm: Until it pleale
God to fend us the Infallible Spirit, God grant us the humble, meek and milde Spirit •, not
this bloody, cruel, Horfe-Ieaqh Spirit of impofing upon men, and making them believe in
fpight of their teeth, and putting out their eyes becaufe they are not fo good and clearly
difcerning, or more quickfighted than our own-, calling one another Heretickjo the end of the
Chapter \ which has (as aforelaid) caufed molt of the Miferies, Wars, Mutinies, Blood-
ihed and Calamities in the Chriftian World.
But (hall men be left at Liberty then, to believe what they lifl ?
Yes, they lhall in fpight of all men living : You may make men tell Lies, and rehearfi
the Articles of their Belief', but you are ne'er thewifer: for none but God, thcfearcherof
hearts, knows whether they believe what they rehearfe. Nay, the heart of man is ib de-
ceitful, that few men know their own hearts, or what they do believe with the heart ^ nay,
you have many times a clofe Atheill excommunicating and curfing Chriflians, that do not
believe according to his Canons •, though in his fleeve he laugh at all Creeds and all Canons.
Shall men then have Liberty of Confcience ?
Yes, they fliall as to matters of Faith, in fpight of all the world •, but as for Works that
are contrary to the Laws of the Land(which ought notwithftanding to be tender of impofing
unnecelfary Creeds and Burdens, that are not contained in exprefs Scripture ( beyond dif-
pute) and not lay traps on purpofe to enfnare and make men forfeit their Livings and
Livelihoods to men of greater Latitude. ) The Magiftrate muft either juftifie his Laws and
vindicate them, or repeal them, or his Authority will fooncometoa period. God and
Nature fecm to delight in Variety, and in making Men and Women (all in the world ) of
different Features, Ayres,Dimenfions,CompIcxions,c^c. And how do'we know that Almighty
God is io much difpleafed with Variety of Opinions alfo, as fome men imagine ? Though
we different Pliyfiognomies and different Eye-fights, yet we all continue tobewe«.
And though we have Judgements, Minds, 2nd Opinions, (fome more clear, fome
more purblind )]yet we may all continue Chriflians.
But liippofe other men do not ( cannot for their lives) fee fo well as vve, or fo well as
the Synod, or the Magiftrate, yet muft we therefore out, or put out their eyes •, deliver
them to the Devil firft, and then to the Gaol, and alter all to the pit of Helly And for ex-
pedition fake thither with the more fpeed, ( until the writ De Haretico comburendo was Can-
ceff'd) Fire and Faggot.
ITefe have been the Methods, this the Piety of bloody Synods and bloody Banners ■, and
diftinguifliing themfelves ( all the better) from zWimnk'md, by the name of Clergy, Clergy.
The word (Clergy) indeed is a Scripture expreffion, but never but once found in Holy Writ,
and then it fignifies 1 Pet. 5. ■i. the Flocks, not the Sheepherd that feeds the
Flock. The Presbyter Pere?- advifing his Fellow'Presbyters, or Priefts, UnT ds xatk-
x.o&duoyns'TSr neq', ut domminantes Cleris', Nor Lording it OverGod's Lot,
floclg (there called ) Clergymen, (that is) Laymen.
Nay this I'll fay for thefe Qergymen, fome of them, fhall knock a word cut ofjoynt and do
as feat thiugs 04 any Layman of them all.
Notable
IP
■ii
Ths leaked Truth.
Notable was the hrlt Canon that ever was made by a General Council, the firft at Nice
namely, '• Si quh a Medtcu propter langHorem defeSlus efi^ &c.. ' If any man be guelt by the
*■ Chirurgeons becaufe of the Dilbafe, {yenvfotof) or Eunuch'd by the Barbarians, we are
* content he fhall remain a Clergymaa. But if, being wholelbme and found, he make
' himfelf an Eunuch, { as did the great Ongtn ) he, although he be a Clergyman,, ought
* to be made a Layman again ; And if fuch a man be a Layman, he lliall never be Ordain'd
* a Clergyman. As alfo we Ordain the fame therefore againfl; thofe that are fo audacious
* as to gueldthemfelves: But if the Barbarians or their Mailers gueld them, fuch, if they
^ be of good Converfation, are by this Canon admitted to become Clergymen.
Thefe Holy Fathers in this General Council were three long years before they Thcodorec.l.
brought forth thofe Canons, and all the while plentifully maintain d by the unpaVallel'd Muni-
ficence of the Emperour Conflantine. But one unlucky Accident had like to have Ipoilcd all
at laft, if their Wifdbmes had not falvd it up *, 'twas this:
Two of thofe fameBilhops (318. fays The 0 dor et 270. almoil, fays Etifiathius Biihop
of Antioch^ who made one ^ 270 juft, faith Athanafm.^ who was alfo there prefent;, ) it
happen'd , 1 fay, that two of them ( called Cnryfanthus and Mtifonias ) departed this Life,
Pritifquam ASia Synodi perficerentar-, dec. faith Ntcephoras. This put the Reverend Fathers
to a notable plunge, faith Ntcephorm. ( For it feems it was not yet agreed, whether the
Infallible Holy Ghoftfway'd every Individual, orbutfome, or but the Major-part, or on-
ly whillt •, or went alfo home with them to their Lodgings: whether he was
totHS in toto., or in qnalihet parte totim. )
But to make all l ure, what do they., but away ( no doubt upon ferious deliberation and con-
fukation among themielves) they go to the Church-yard or Sepulchresy and fianding by the
Craves of the two deceafed BiJhopSy with the faid Nicene Canons in their handsy (: as if they had
been alive, and had had Ears to hear ) they made their addrefs to them tn thefe words^and with this
following Com\non prayer and Harangue. Holy Fathers ! (laid they) ye that with us have
fought {true enough) the good fight y and have finifht your courfe y and kept the Faith y if there-
fore ye, that are e-nlightned with the Beasyis of the Trinity , and fee things more cleverlyy all In-
terpofitions being done away'y we fay, if ye approve of what we have done, ^tis fit (telling thofe
glorified Saints their duty ) that you do alfo with us fubfcribe this little Book, ( of Ca-
nons.j
And having made this Speech, they left the Book, tfpon the Tomb fealed up, and watcht all
night y but the next day returning to the Sepulchre, they found the Seals untoucht % and opening
the Bookj, they found their Hands ( with which they were very well acquainted ) newly fub-
'fcribed among the reft;, viz. w thefs very words, lEe Chryfanthus and Mufonius , who
fate with all the Fathers in the firft Holy Oecumenical Council of Nice, though Tr.atfilated from
the Body, have yet fubfcribe d this Libel with our own hands.
And it was kindly and civilly done of them, I'le allure you, to leave their Heavenly
Stations, and vifit the Tombs, at the requeft of Mortals praying to Saints , nay, and to
have learnt to write neither better nor worfe, but the very fame old Characters their
Writing mailers had taught them, (for fo Nicephorm adds in the ftory) Subfcriptiones
illorum reliquis incertas cogmvere recentes adhuc tn hac verba conceptas. The old Fathers knew
their hands again, when they faw them, very well, the Ink was fcarce dry upon the Book.
And a further Miracle it was, that the Ink being fcarce dry did not blot, the Book being
closed up and Seal'd.
And the greatell wonder-was, that one Town could hold fo many Bifitops three years toge-
ther, without venting their Malice and Spleen againll one another, more remarkably
than when at their firit Meeting, every one ( Uke fierce Tygers) fnarling, biting, aifaulthig,
and flying in the face of each other, by Articles and info'rmations, endeavouring to make
each other more black (that were black enough already) and by bleraiihing their
Reputations with the General, get them turn'd out of their Livings-, Conftamtne had
work enough (fays the Hifl:orian)to keep the Peace amongftthem'and to keep them quiet,
and as the bell Expedient, he call'd them all before him, and every ones heart leapt with joy
axtd fear', with joy,that the Articles he had put in againft his adverfary ihould be firil read and
confider'd-, but yet in a trembling fear , left the hlackclot ihould be his own -, from which
fears the Emperour forthwith deliver'd them all, by making a Bonefire of all the IndiCl-
ments,and charging them thenceforth to keep the Peace.And blefled be God for this piety
and prudence of the Emperor, or elfe with what ftrange difmal features had thefe Holy Fa-
thcrshccn decipher d to poller ity, if their PiSiures (as they had drawn and pourtrayed one
another in their Informations) had been tranfmitted to akei-P^gcs, inftead of being com-
mitted to the fire.
Yet the Clergy, The Clergy, ( what by the Piety of fome Princes, and the fimplicity of
others) got fuch Immunities and Priviledges to fin and offend the Laws, and yet be free
from the Cognizance or JurifdiCtionof the Lay-Magiftrate, that they begun to
themfelves in Habit from other men, and colour of their Clothes ( as did the Pharifees ofold)
that a man thought himfelf never fo fafcy as when he had got on, a Caftock and Girdle
or forac fuch diftmguifhing weed.
E
I doubt
1
The Naked Truth.
I doubt not but St. Teter and St. Paul were as good Clergy-men as the belt of them; and
yet after they were Apoftles, who could diftinguiftt them for fuch, (^as the mrd Clergy is
now taken ) that had found St. Peter a fifhing, with his Fifhers Coat tuckt about him j and
Sr. Paul in his Looni a weaving ?
But in procefs of time, the Presbyters orPriefts begun to call themfelves alone, the Church;
themfelves alonci the Council, and Synod, and themfelves alone, God's Heritage, ozGoeCs
Lot Or, (which is all one) his Cler^p
But fince this word Glergy\izs fo long obtain'd in the world ( how properly I have alrea-
dy difcufsM; and alfo is become part of fome Statutes in England, 1 fthat hate Innovation
without great caufe) will even let it go as it is, and take it in its common acceptation here-
after. 1 only have faid thus much, to Ihow, that neither the Name nor the Thing *, nei-
ther the word Clergy, nor yet God's Heritage, belongs any more to this Tribe of Levi,
than to other Chriftians, »/ fo much; nor that they alone above all others •, nor fome of
the/fW and odd ones amonglt them (muchlefs) are the Reprefehtative Church oiEngland,
and mull needs be acknowledged fo to be, in pain of Excommunication, the Gaol,
and Damnation. And by the premifes it feems to be evident, that there is no Law,
or Canon , at this day in force, or of force fufficient to make them fuch a Reprefen-
tative.
we all acknowledge, viz.. Imperial', but the Pafioral Head was Behiaded (as
aforefaid) when the Popes Head was cut ojf. And where is that Hydra that dare put his
Prelatical, Fifth-Monarchy, or Presbyterian Head in his room ?
Laymen cannot fee fo readily the Tikens of the Infallible Spirit amonglt thefe Clergy and
Synod-men, that they boaft of i but that they are faulty and frail (at leafi) at much as other
prudent Men: even in that firft general Council, ( before praifed) jirrius had fome friends
amonglt them to the laft, and fuch that refufed their Bilhopricks ( no common Bigots Tie pro-
raifeyou ) and contemning the glorious CarclTes and gifts of an Emperour (that fcem'd
to be enamoured and in love with thofe Reverend Fathers, even almofi to fm ) rather than
they would fubfcribe (to keep their High feats) the Niccne Creed.
And when after the death of when t\\Q Arrian and Religion came to
be uppermolt, axAths State-Religion, and the opinion countenanc'd, preferr'd, and in fa-
Jhion at Court, (as it did in the days of his Son and Succelfor Confiantius) many of the Nicene-
Creed-Bijhops fac'd about, kept their Bilhopricks and their Livings, being not now neither
Non-Conformifls, like the Vicar of Bray; only Athanafm alone ftood it out to the laft with
great conftancy.
in the Seventeenth Canon of the faid firft Council of Nice, it is ordained, that no Bi-
Ihopihall ordain any that arc not of his ownDiocefs, without the confent of the Bilhop
of thatOiocefsto whom he appertains •, or if he does, the Ordination is nulland void.
Whence note, how eafie was the Remove from being a Clergy-man back again ( as you
were) a Lay-man-, where was the indelible Charadler in thofe days that the Papifts prate of?
The Eighteenth Canon is made againft Clergy-men that are Ufurers, the penalty was,
lofsof his Bifhoprick, or Living-, and alfo the Clergy-man for his Ufury was made a Lay-man
again •, fo fmallwat the leap from Clergy to Laity.
In the Twentieth Canon, ( being the laft) itispioully ordained, that no man fhall pray
kneeling upon the Lords-day, or in the days of Pentecoft.
But enough of the Canons, and thefe firft Canons and Canon-makers; I'le conclude them
as St. Bernard does, Homil 4. fupermijfus ef.
Videos plerofque in Ecclefiu de ignohilibus nobiles, de pauperibus divitesfalios, fubito intume-
fcere, prijlina oblivifci abjeBionis, genus rjuoque fuum erubefcere, & infimos dedignare pa-
rentes, &:c.
Video & alios (quos non fine dolore videri debet)pofi aggrejfam Chrifbi MiUtiam,rursus facularibus
implicari ne^otiis, rursUs cupiditatibus terrenis immergi, cum magna cura exigere muros, c^negli*
gere mores, &C.
•■You may fee (quoth he) very many Church-men ©f mean Parentage, now made equal
* with Noblemen *, of poor Fellows, now made Rich -, and fwell fo fuddenly, and look big,
* that the Prieft forgets that ever he was Clark^-, nay, he's alham'd of his own Parents, and
* the ftock he came on.
'And fome Money'd-men (you may fee) fly prcfently into high Ecclefiaftical Dignities,-
' and then prefently admire themfelves for their worth and holinefs when (alas!) they have
' got indeed richer Copes, not richer Brains -, thinking themfelves Men of Worth, and do-
Merving that great Dignity, to which they arriv'd through the alTiftance of great friends
'and flattery: And (tf 1 durfifay) which they purchaft with their Money, not with their
' deferts. Not to fpeak of thofe that are fo hoodwink't with Ambition, that their places
< makes them proud, and high, and unfociable, &c. coveting to involve themfelves in
' Secular Affairs, and Ambitious Defigns, after they have lifted themfelves Souldiers in the
* Camp of Chrift, ( which 1 am very much troubled to fee ) they being more careful to EreB
*ftate!y Mannors,- than to correB their evil Manners, &c<
Qyery
T7;e Naked Truth,
*5
Query III.
Of PrecHrationSf Synodalsy andVifuations.
WHether ( fince by the Laws of this Realms no man ought to take a Purfey or exadl Qwrf.
any Money but by Ad; of Parliament) Procurationsy Synodalsy and Fifitationsy may
be exaded of (and paid by) the Inferiour Clergy, to the richer Dignitaries ?
ProcHrations are certain Impofitions exacted from the Clergy, by the Bifhops, and his jinfW'
(Eyes called) Arch-Deacons in their Fifttations, claiming the fame by ancient Cufiomy but
no Law.
The original of thefe Procurations is ( pretended id be) a Comjiad or Agreement made
betmxt the Incumbent and the( wz.. the Biihop, or Arch-Deacon ) whereby each
Incumbent charged himfelf or his Benefice with fuch a yearly Rent to the Vifitor, to defray
his and their Charges at feme great Town fit for their reception, at a publick Meeting or
Vifitation of the Clergy, rather than hepefiered with entertaining the Vifitor and his Train
(which grew like a fnow-ball the further it roll'd) in thdr Ecclefiafiick. Fifttdtionsy which of
old were the only Vifitations.
But he that has but a life-Efiate ( as no Parfon or Vicat has any more ) in his Benefice,
can never grant a /or ryfr out of fuch Benefice, and bind his Succeflbrs ^ Hildatqhod
non habet 'y it is not lb much as an Annuity or Rent-feck.,mnch lefs can the Incumbent or Termer
grant a nonot with the confentof the Patron ^ Spiritual Livings being furely
incorporeal things.
Youfeethen, if feme do but (ofanyfajhion) get in ow/oot, it is hard getting them out
again : perhaps thcy'i fay, ( as fame have done ) that no Clergyman Benefic'd, Redtof nor
Vicar, has any Freehold in his Living, but all is the Bilhop's •, and the Inferiour Clergy that
do the great Work, are but the Bijhops Curates and fourney-men. I'le aflure ybu, forae of ,
them are fo ignorant, that they know no better, and dare not value themfelves, nor be-
have themfelves in his prefence at a higher rate.
And yet this Lording over the Ciergyj this exercifing Dominion one Clergyman over
another, as the Princes of the GentileSy and ufually call'd Prelacyy is not only abfolutely
forbid by our Blejfed Saviour, as aforefaid •, but as much care and provifion made againft
the Pride and Avarice of the greater fort of Clergymen, (if fuch cob-web ztA net-work^
Laws or Canons could hold the mighty) as heart can wilh.
To inftance in a few that firft come to my mind at prefent, (for fome men will never take
Ivafning, until their Iniquities become to be hateful to all Mankind.)
Our Bleffed Saviour warns them, the Apoftle Peter warns them not to play the Bijhop for ft-
thy lucre, but of a ready mind; the ancient Councils, Fathers, Canons, Laws and Statutes warn
them, and command to forbear this more than befiial rapacity: but furdo fabulam, for Cof all
fpoyls^ none are made with more eafe and fafety, than when the Inferiour Clergy become
a. Prey to the great ones •, yet no fpoils are lb unchriftian, unhumane, nor fo unnaturaL
Tygersfpare their own whelps j Eagles, Hawks, and Kites, ufenot their fharper Ta-
Ions againfb Birds of their own feather, Dogs indeed and Swine only (of all Brutes) have a
ftomach to feed upon, eat up, and devour their own kind.
DiSlum efi etiam ^uod in plerifque locis Arehidiaconi fuyer Presbyteros exerceant Dominatio- cabiidnetiC
mm, ab eis cenfum exigant, quod magis ad Tyrannidem qudm ad ReSlitudinis ordinem Synod. 2.
pertinet, cap. 15.
Si enim Epifcopi, juxia Petri Apofioli fententiam, non debent ejfe dominantes in clero, fed forma
faoli gregis ex animo, multo minus ifti hoc fdcere debint. Bed contentifint regularibus difcipli-
nisy teneant propriam menfuram, quod els ab Epifeopis jungitur, hoc per parochias fuas exer-
cere fiudeant, nihil per cupiditatem aUt avaritidm prafumentes. (that is)
* It is reported, that in many places Arch-Deacons dornineer over Parilh Priefts, and
' will have Money of them; which exadion Borders upon Tyranny; rather than right Or-
* der and Juftice.
*■ For if Bifliops, in the opinion of the Apoftle Peter, ought not to Lord it over the
* Clergy, hut take the overfght of theflockj, not by confiraint, but willingly , much lefs ihould
* thefe Fellows do the fame : but be content with good Difcipline / and the Corps of their
* Arch-Deacomy) keeping within their own bounds *, and endeavour to put the Bifhops
*■ Injundions in execution all over the Diocefs, not daring to do any thing through Ava-
* rice or greedinefs. , .
There is a like Order made in Condi. Lateran. fub Alexandra 3, to the Archbifhop Concil. Lab
of Canterbury, againfl ExadiOns of this nature and the Extortions of the Arch-Deacon P
of Coventry.
' if
Hi
16 Tl?e "Naked Truth.-
object. If it be ob}ed;ed, that thefe Synods are none of the Four firfl General Councils-,
It is readily confefi:; for how (hould they make Laws againfl: the Exorbitances of Arch-
Deacons, when there wasnofuch Creature in nature exercifmg any Jurifdiftion Ecclefiafti-
. cal, and therefore could not abiife their. Authority, tiil they had it to abufe ?
sS Rom/' ^ r^3d indeed Amo Dom. 260. of St. Lawrence an Arch-Deacon, Martyr'd in that
Epifc. ' year, faith Anajiafim.
But this Arch-Deacon had nothing of our Arch-Deacons but the Name ; he was indeed
Arch-Dc-acon (in Englifn) the Arch-fervant^ 01 Chief-Deacon to the Bilhop,ofall the Servants
or Deacons about him.
Prudent, de furn-keyf ( faith PrndenttHs) defcribing his Office •, at belt, but Chief Porter ot
Coronis. Doorkeeper., that kept the Keys of the poor mans Box, and the Church-doors •, Ctauftrisfa-
eromm praerat,' (to ufe the words of Prudentim ) coeleftis arcannm domus fidis gubernans
ciavibm, votafque difpenfans opes ; ' The Arch Deacon was chief Turn-key, or chief Stew-
* ard among the Deacons, and chofenby themfelves from among themfelves.
The next Arch Deacon 1 read of, was one Stephen^ Anno 255. Arch-Deacon to Corneliia
Pope of Rome \ St. Ambrofe had got one. about the year 40G.
Afterwards the Name, by the favour of the Emperors of Confiantinople, became a Name
of foine repute ; for till then, Mr. Arch-Deacon was not fiiffered to lit, nor yet to be co-
ver'd in prefence of a Parifh Prieft.
Butaboutthis time, (as before Dioccfans began to appropriate the Name of Bifhops to'
themfelves alone, which in the Apoflles days lignified no more than Presbyter ; as appears
by 1 Pet. 5. I. Tit. 1. 5, 6,7. where the Presbyter in the fifth verfe, is called Bifhop in the
feventh verfe; and Atls 20. the Elders or Presbyters, verfe feventeen , are called Bifhops
' verfe twenty eight; Take heed therefore unto the flocks over which the Holy-Ghofl hath made you
Bijhops) alfo Arch-Deacons, and the Bifhops-Dean or Deacon was chofen ( though very
improperly) out of the Presbyters, who had lofl that fervilename in that oiPriefior Eldery
than which the Church never knew a greater Title of honour; but as Dioceffies did increafe,
fo did the profit alfo of being the Bifhop's Deacon or Dean*, and what Pricfl orRedor,
fthat could) would not ffcrive to be the Favorite-Dean, or Arch-Dean ?
Though ( as we efteem in England ) fuch IMen are more properly called Arch Priefts:
And thefe Arch-Deacons in the Diocefs of London., are five as aforefaid.
For when Billiops had Diocefles fo large and great as now they are, if they were never fo
Eagle-fighted, it is impoffible one Man could overfee them.
Therefore then they got for themfelves thefe Speltacles, or rather Eyes ( for fo the Arch-
Deacons are called Epifcopomm.) And in London Diocefs there arc ( as aforefaid ) Five
Auxiliary-eyes; in imitation ( fome think ) of thofe Beafts in the Revelations, which had
level, i.6. before and behind : only there is fome difference in the number, for there were bat Four
beads, here Five.
. I hope no Man is fo ignorant as to think this Similitude a Sarcafm to the Five Arch-Dea-
cons •, for it is the greateft honour that ever was conferred upon them.
For two of the moft Learned Interpreters of our Age, Crotm and Doftor Hammond,
agree that thefe four Beafts aforefaid, were four Apoftles, Peter, John, Paul, and Bar-
nabas, faith Doftor Hammond very probably •, but Grotitu thinks thofe Four Beafts were
Peter, James, (the Lords Brother, Bifliop of Jerufalem) Matthew, and St. Paul. But this
by the by-, only to avow and vouch the Complement paft upon the Arch-Deacons, thofe
Bifljops eyes before and behind, to help him lOTa-KeTHV , to \xifpeCt or overfee his Diocefsand
. if he had as many Eyes as Argus, he would not have one fuperfluous Eye in fo great a Cure,
a Care and a Charge.
In the Apoftle's days, the Office of aBilliop was a good thing-, but now it is alfo a^rf^j
thing a great trouble to be fure/or onotman, a trouble and a charge too.
And truly at length, thefe Arch-Deacons alfo learnt to be fome-bodies, and would be
known too in their places. Did the Bifhop vilit ? fo would they -, Had he any Procurati-
ons?* fo would they, 'till at laftVifitations grew fo comfortable and jfteafant to Mr. Arch-f
Deacon, and fo profitable alfo,. that they never thought themfelves in their Harveft, like
as when they were at this work of Vifitations, what by Commutations of Penance, Money
from Church-wardens, Money from Delinquents, Money from the Clergy, they had fucW
Golden days on'tby Fifitations, Procurations, <Jrc. that they would always have been upon the
fpur to beat it, till their vagaries were reftrain'd, and they confin'd to make but
one Vtfitation in a year. Therefore we frequently meet with fuch Canons as this,-
Anchidiaconi fuas Ecclefias femel tantum qmtannis vifit^nt; Archidiaconi non muldrent excefftts
pecmnd, nec nifi Authoritate Epifcopi & confenfu in alios fententiam promuigent: fo that, though
thefe Arch deacons were the Bifiop'^s Eyes, yet not his mouth -, nor could they thunder out an
Excommunication without fpecial Licence.
Thus
The Tlaked Iruth.
17
Thus of old femd in anna Vifitations(but amonglt usj bis in annoridet Archi-
diaconus.
Nay,though the Bifliop fufpends the Arch-Deacons Jurifdiftion three Months before,and'
three Months after his own Vifitation •, and the Bifhop gets the Procurations of the Infe-;
riour Clergy in his Vifitations, (which is every third year) yet Mr. Arch-Deacon will de-
rhand them over again, and the Clergy (good Men) are fo wife and civil as to pay it; even
any thing for a quiet life.
Yet in the Maxima^ 'tis added, (after femel tanthm qnotannis vifitsnt) ne tamen graves
ftnf^ 'Let the Aich-Deacon villt but once a year, but then alfo without being (burthen-^
*■ fome •, or being) Such agrievcwMan.
Ytt Cufiom is his only ])VGtence for thefe Exactions, which Apology here aggravates his
Crimes •, as if one that is accufiomed to take a Purfe.^ Swear and Curfe., and pick Mens pockets,^
fhould fay, I beg your pardon. Gentlemen,'tis but to keep my hand inure*, I am fo accu-'
ftom'd to't, I can't help it, indeed I cannot. But cufiom in fin augments the Crime ^ like an
old ulcer., (that the Leg has long been us'd to) 'tis the harder to be cured, and the harder to be
endudd.
It is a Maxime of the Common-Law (which is efpecially made up of Cuftomes, lauda-
hie and reafonable Cuftomes, that) Pur ceo que cefi. preficription, efi encounter reafion, ceo efi
voyd. Cuftomes againft reafon, (efpecially againlt Laws and Statutes to the contrary) are
void, Ideoque mains ufius abolendus efi.
It isa cuftome time out of mind,for wicked men to takePiirfes wpon Salisbury-plain •, will
this plea fave a Thief from the Gallows?
Confuetudo non prefcribit abiperjus exprejfumreprobatur (Hofiienfis.) No Man can prefcribe.Hoftienfis.
aCuftomagainfta Pofitive Law._
And does not the Twenty Ninth Chapter of Magna Charta, (that Sacred Law fo often y^tigna Charta
cbnfirm'd, and the breakers thereof fo oft Curft by Bell, Book^, and Candle, and has with- confirm'd by
ftood (and ftoodits ground againft) all Violence, Opprelfions, Innovations, High-Commii^ Edw.i. and by
fion-Gourts-, &c. in oppofition to it, and rifingup againft itnay more, it has been proof
againft the length of time, and looks as frefh and flourifhing, as if it were in its prime *, and it
is my Faith, my Hope, and my Prayers, that it may fo continue to the worlds end •, fure it was ' '
made in a lucky hour) which Enads That
'No Free-man fhall be taken or Imprifoned, or be dilTeized of his Freehold, {of
^ tvhich nature are all Rectories and F'icaridgesyov Liberties, or Free-cuftoms, or be
* Outrlaw'd, or Exil'd, or any otherwife deftroyed-, nor we will not pals upon him5
'nor Condemn him, but by lawful judgment of his Peers, or by the Law of the
* Land; we will fell to no Man, we will not defer to any Man Juftice or Right.
Bifhops are Right Reverend Men, and Arch-deacons Reverend Men, but ftill they are but
Men ■, and if I were a Clergy man, if I could not hold my Free-hold, nor obtain it (my Be-
nefice) but ad nutum Epifcopi, I would never hold one whilft I liv'd *, for if fo, then he that
Marries his Chambermaid, or his Son, or his Kinfman, or his Kinfwoman's Husband, or his
Kinfwoman's Maid's Husband, fif a Clergy man) would find one hole or other in my Coat j
or, make one (which is more ealie and more common) big enough to make me lofe
their Lordfhips good opinion ^ who though good Men, and Right Reverend Men, yet whilft
they are fo, they may err and be wrapt with Paffion, Prejudice, or Intereft, againft which Cl
know it experimentally) Innocence is no fence •, and therefore I fay, if I were a Clergy-man,
(as perhaps I am, for ought any body fliali know)I would leave them all the Benefices to them-
felves, rather than hold them upon fuch tickle terms, and not like a Free-man, and an Englifh-
man, by the Laws of the Land, my Birthright.
And does His Sacred Maiefty and his Privy-Councel pretend any right to exad Money,
or to raife any, or take any mans Freehold from him, but by Law, and Ads of Parliaments ?
and fhall thefe Bifhops and Arch-Deacons dare to continue thefe Exadions againft Law, a-
gainft Chrifts Law{not to Bifhop it for filthy /wre)againft the Law of the Land, and Magna
Charta-, againft Sacred Councels, Fathers, and Canons^ and all this, becaufe'tis eafie to'
prey upon their own poor gentle kind, though fo unnatural as aforefaid ?
I wonder they are not afraid of thefe Curfes and Anathema's, (if they themfelves do
believe the vertue of them) and Excommunications, thunder'd out againft the fmpugners of
fo often, by the Biflicms of old,withBell, Book^ and Candle} or do think all
thefe Ceremonial Curfes were only of force againft the Impugners of the firft claufe of Magna
Charta, namely, that Holy Church fhall be free. '
And dothey keep two meafures, owe and to fell by.
But let Magna Charta and the Laws of the Land fleep at prefent, I'le only henceforth play
my Canons againft thefe Exadions, turn their own Canons upon them, their Canon-Law and
the Civil Law, and fure their Lay-Chancellors will herein ftand by them to divert the
fh^k : for they are either good (at skill) in CivU and Canon Laws, fof which they are Pro-
feffers) or elfe what are they good for }
^ And
18 The leaked Truth.
And can there be any fairer play than to fight a man with his own weapons, that he is us'd
to, and has skill in, if in any: 'Tis ArgHmmtum ad hominem^ (which I'le make ufe of, and)
which of all Arguments foomft fiop the mouth *, out of thine ovon mouth -will I condemfi thee^
thou wicked Servant^ fays the Parrable ^ and then it foons follows. He wot jpeechlef! The A-
poftle PW us'd fuch a ftabbing adhominem, Rom. 2, Thou that fayefi (hy thine
Kom.2.22. qvv'U Law) a man jiwuld not fieal^ doefi thou fieal f' Thou that abhor reft Idols ^ dtft thou commit
Sacriledge ?
I have inftanced enough in the Canon-Law already, but if thofe many already recited will
not do, I^le ftop their mouths for ever, if Canons can do it: For none are fo frequently
met with as Canons to this effedl, that Cenfum a Presbyteris Parochianis exigere, Tyrannicum
eft. Conftitut. Apoftol. 1.'2. cap. 32. de Agapis. Presbyteris, ut Cjui laborant in verbo doHrinst
duplex fcponatur, pars in gratiam Apoftolorum D^inijCujus locum juftinent, tanquamConciliarii
Epifcoporum, & EccUfia corona.
Let the Presbyters that labour in the Word and Dodrine have double maintainance, for
the fake of the Apofties of our Lord,TP^o/£ Succejfors they are, (mark, that') being the Bi-
(hops Counfellors, and the Churches Crown,
And thofe and ConltitutionSu4poAo//c<i/fin 8. Books) are numbred amongft the
Books of Canonical Scripture, by John Damafcen •, and by Eufebitu, as alfo Epiphanius, lib.i.
Jt)3mzk.de adverfus Harefes : of the thmQoftmion is Proclus Pnttiarch of Conftantwople^zndOecumeni-
orthodoxafide. its in Comment. inEpift.i. adTimoth. fo alfo in Can. Apoftol. Sy. Athanaftits indeed allows
them to be of good and wholefome ufe in the Church, but not Canonical, as compofed by
St. the difciple and companion of the Apofties.
But there are fo many thingsamongft them by the Pope,fwho long had the keep-
ing of them) that though many good things are amongft them,£ney zxenone of my Creed, but
good enough to Ihew againft the Canon-Law men, and to prove, that Presbyters or Priefts
' are not (in the judgement of Antiquity) fnch fcums and pitiful fellows, to Hand with cap in
hand, like fo many School-boys, before the Bilhop, whilit he fchools them, catechifes them,
letlures them, and calls them to account: from the beginning it was not fo, as I will Ihew
anon*, they were his Fellows, and Counfellors any where, even in the Church: The onlydif-
ference was, he fat uppermoft, but all fat, (noj; ftood bare-head, like fo many Boys.) And
can there be any greater caufe of the contempt of the Clergy, and their negled amongft:
the Laity, then when they fee how the Bilhop (one of their own Cloth, that Ihould heft
imderftand their worth) flights them? good God ! whither will not pride and oppreffion
hurry frail man ? ^
Can. Apoftol. Jubemus Presbyterum tantum docere, baptiz.ate, benedicere populo : Diaconum miniftrare Epifco^
7.3. cap. 20. p qJ- Presbyteris. We ordain. That only the Prieft or Presbyter fhall preach, baptize and
blefs the people •, and the Deacon, (although Arch-Deacon, (but that he was not then born
nor baptized in the Church) ought to wait upon the Bilhop and the Priefts, or Presbyters.
CabiLSynod. Cavendum fane eft, ne cum Epifcopi Parochias fuas peragrant, quandam damnofam, &C. which
2. cap. 14. pje faithfully Englilhthus ,
' Special care Ihould be taken, (faith that learned Council) left the Bilhops, going to vilit
' their Diocefles, Ihould play the Tyrants over their Inferiours, or over their Fellows and
' Comrades, not exading money of them, by ftrid and rigorous courfes.
Then follows a LeEiure to teach Bijhops what they ought to do in their F'ifttations, and what they
ought not to do: They ought to fpendtheir time, (in inquirendis rebus emendatione dignis,
in pradicatione verbi Dei, in lucris animarum, potius quam depradandis fpoliandis hominibus,
& feandalizAndis fratribus, operam dent j ^ in confirming men, in reforming what is amifs, in
' preaching the Word, bufying therafelves in gaining Souls, and not in fpoiling and making
'a prey of men, and giving offence to their Brethren.
Et ft quando eis ad peragrandum minifterium fium a fratribus aut fubditis aliquid accipiendum
eft, hoc fummopere obfervare debent, ne quem fcandaliz.ent aut gravent, Tama ergo in hdc re
difcretio tenenda eft, ut & verbi Dei pradicator fumptus, ubi proprii defunt, a fratribus aecipiat,
(if item fratres, illius potentid non graventur', exemplo Apoftoli VanVl, qui, ne quem gravaret,
arte Cr manibus viclum quarebat.
'And if, for the work of the Miniftery, fomewhat be to be received, either of their
' Brethren, or elfe of their Inferiours, yet let them look to't, that they neither burthen any
' man, nor give offence.
' Such prudence therefore is to be ufed in this affair, that as on the one hand a Preacher
' of God's Word may recieve fomewhat of his Brethren, to bear his charges, when he has
' fmark thatl) no proper maintenance and Revenue of his own •, fo alfo his Brethren ought
' not to be burthen'd with his Mightilhip: In imitation of the Apoftle Paul, who chofe ra-
' ther to get his living with his hands and Trade, then to be burthenfom (or chargeable) to
'any.
Get living with their hands I there's no need of that, blefled be God, for the munificence
and legal provifton is enough, enough (if avarice poffihly have enough) to glut men, without
being burthenfom to poor Priefts and Vicars.
Indeed, if thefe Bilhops and Arch-deacons were as poor as St. Paul, and lliould come a
begging onr charity asht hard-hearted would that man be, that would not open his
purfe, for his relief, though his Family faftcd foj it a day after. But
The Naked Truth.
Butthefe arc rich and mighty, and with Beaver cock'd,make Speeches,and give in charge,
to pay Procurations to one another; ( that will not be forgotten Pie warranty) and not (as the
holy Scripture fays) Remember the Poor ; but Remtmernber the Rich Arch-deacon ,and the richer
Bifliop, with your Procurations, Synoda]s,and Vifitationsj though the poor Vicar's Family
pine and pinch for't a Month after.
And if they may not thus^^o fmps, and fliare in every Be7tef.ce throughout the whole Did-
cefs^ then Woe be to you, with Sufpenfons, Anathema^s^ Excommunications^ and the Coal. _
And yet fome of thefe Arch-Deacons neither to Church nor Poor, neither to Allefs-
ments, nor yet keeping Hofpitality, or fo much as keeping Houfe : Thefe Undue-dues then
thus coming into ]Ax. Arch-Deacons hznds., (though he be alive, and alive's like, ) 'tis no
contradidlion to fay they come in mantis mortuas ? Is it not within the Statutes of Mortmain^
If they can fliev; any Licenfe from the King, or any of his Predccellbrs, to vex his Sub-
jedls thus againft Law, Reafon, and Equity; If they had orderly fued out their Writ ad
quod Damnum, out of Chancery, before they had eftablilhed this Ecclefiaftical Revenue and
Annuity, let them lliew it : But to plead only a Ctiflom of Sinning againft Law, Reafon and
Confcience, is the abfurdefi of all their Pleas. _ • '
And (in good earneft) if there were no Law againft it, Is there any Confcience that a * •.
poor,lean,bare-bone-Vicar fhould thusgreazeafat Arch-deacon inthe<—Fift?
I know that when the Devil fhew'd our blefled Saviour all the Kingdoms of the World in a Ltikee^. j, 6.
moment of time ; he faid unto him, All this power will I give thee, andtheglory of them, for that
is delivered unto me, and to whomfoever I will, I give it. But that was a Lie.
Tet the Pope fays, that all the Kingdoms of the World, and the Power and the Glory of them
are his, and delivered unto him, and to whomfoever he will, he gives them j but moft efpe-
cially, all Bilhopricks and Benefices are his, in his donation •, And he gave them (condition-
ally) to go fnips in them all -, that as the High-prieft under the Law had the Tenth ( of the
Prieft's Ty thes) fo he would have the tenth part of every Bilhoprick and Benefice.
And though the Bilhop is not the High-Prieft, as Aaron was, and alfo that His Majefty
has the Tenths, yet they would be known too in their places, and^o fnips with all the Redt-
crs and Vicars in the Diocefs, by Procurations, Synodals, and Vifitations,(^c. which amounts
to as much as His Majefties Tenths in many Benefices, and in many alfo, much more.
Though Aaron*s Law is exemplified in paying the Tenths in England-, yet never did Aaron
exad two Tenths or three T enths of the Tribe of Levi •, let them even take all for me, I
hope, in time they'l have enough.
Jnventum efi quod in quibufdam locis Presbyteri duo denos vel quatuor denos denarios Epifcopis
in cenfum annis fingulis daretit, quod penitus abolendum ejfe decrevinus 5 ( that is ) ' We hear Syn.Cai,
* ( fays the Synod ) that in fome places the Elders or Presbyters pay the Bifhops every year cap. i7«
' twelve pence or fourteen pence, as aSubfidyor Annuity, which we hereby Decree lhall
' henceforth be utterly aboftlhed. (It is to be hoped the King and Parliament will be Pe-
tition'd to make fuch a Decree too here in England.)
Twelve pence or fourteen pence yearly for Procurations ! It would be well for thoufands of poor
Benefic'd Vicars in England, if they could put off the rich Bilhop, or his Great Eye ftht
Arch-deacon) with ten times fo much : no, they'l have it to a peny, or elfe fufpend the
profits of the Benefice,yF/ewf the Minifter ab officio, and not leave him and his Family a Farthing
to live upon, till they be paid, and till the charges of the Sequeftration and cofts of Suit be
alfo paid ^or elfe by Excommunication, is delivered w Satan, and his Body to th«
Coal from whence^here is no deliverance, till the charges of putting him alfo into Goal, and
for his delivery thence be alfo paid -, (which is about feven pounds, for Spiritual-Court-Fees,
and other confequents thereof; I know it. )
So that want of Money delivers the poor Prieft to Satan and the Goal foul and body: and
ready Cafh again delivers hxmfrom both.
The Pope, that has the Keys of Heaven-gates, (if he fays true) pay the Porter and he lets
you in : And our Abfolution-men pretend to have the Key of Hell-gates •, and to let men out,
from the Devil, to whom they themfelves had delivered them for being poor, and un-able
to pay : but upon condition tho', that if they have any credit to borrow money enough,or
empty the Pewter-ffielf to Alchymize into money, Pomr,they let you out-, and
you are (as you were) reUus in Curia, as honeft Chriftians as ever, and you and they as good
Friends as ever -, Thus Orpheus (is faid ) to trade to Hell, by the Poets, and alfo to reaeem
men thence byMufick Thefe, by Money do the feat.
Oh Money ! Money! oh the vertue of Money ! the vice o^wanting Mo'ney ! our blelled Sa-
viour fays, It is hard for a rich man to enter into the Kingdom of Heaven j but at this rate, quite
contrary. It is hard for a poor Man, or a poor Vicar to come there •, if he do not pinch very * yellow
hard to get money for thefe men, whoever goes without 5 or in whofe debt foever he dies, if with
he dies in their debt. He had better no ; he knows his doom: There wants nothing but fir7with"whiA
* Sambenitas,2.'0.dLzVz^^ot,\^iththeV^XitdeHareticocomburendo, to make him the moft the'Inquifition
Wretched. do array the
This is a pretty thriving Trade, if it would but laft -, and for my part, 1, (that have as Jywsand Here-
much power to Curfe, Anathematize and Excommunicate, as any Bilhop or Arch-deacon of
them all, and to abfolve them again ) with all my reading and experience, in their Sp'iri- aS'P^-
F 2 tualwftf/.
12^»
i'o l^ahd Truth.
tual Courts and Jiirildiftions, (few men have had more, or fo much as I) \ fay, I here proteft,
( confidering the premides, and the repealing of i Eliz.. i. ) that I know not by what Aittho-
rity we do thefe things *, by what Authority we deliver the King's Subjedls to the Devil, and
back again, at pleafiire •, what Rule, Canon, Law, or Authority we go by, and who gave us
this Authority and Coninuflicn jfince His Majefty cannot give any fuch Commiflion by
13 Car. 2. 12.
jL«f/7frfpoil'd the Pope's Market for Indulgences to this day ^ and 'tis an even lay but
fomehoneftProteftant or other will, hy vertae of the Naked Truth, fpoil this Trade to Hell
and back^ again.
But how the Devil Ihould be fo much at their devotion and beck, (as if he was their Goa-
ler) to take all that they deliver to him, or fend to him by their Mittimus of Excommunica-
tion •, nay, and at their bidding to let men go. free., as foon as they are fleas''d, I mean,as foon
as they arefaid^ together with their Regifters, and Sumners, tranfcends the apprehenfion
of the V ulgar.
5^.Cab. 2. Dillam ejlquodin quibufdam locis, Efifcafi & Comites ab Incefiaofis., &C. (that is) 'We are
caf. i8i ' told that the Bilhops and their Fellows take money of offenders, commuting Penance, and
* then divide the fpoil among themfelves, which we decree fhall utterly be abolilhed , left
' haply covetoufnefnefs enter in, c^c. Andww/j/«crf very excellently fays that honeft Sy-
nod ; (of every ten Procurators chofen by the Clergy to conftitute that Synod, Eight of them
■were not turn''d off, and not fuffer'd to enter the Convocation-houfe, Tie warrant J
The 19. Chapter of the laid Synod enjoyns, that the Tytiles lliould be there all paid,vvhere
their Children are Baptized, and the Cure ferv'd.
The 20. Chapter is an Admonition to peace and concord* And the 21, Chapter forbids
all Bribes and Extortions, committed by Regifters, Prodors, Commilfaries and Officials,and
the reft of that Motley-Tribe, that like Lay-Elders, are (as Cleveland fays)
Mofi J)ivine-TickcTack,in a Eye-bald crew,
To ferv'e as Table-men of divers hue :
She that conceiv'*d an Aithiopian Heir,
By EiUure, when the Parents both were fair,
J4t fght of yon had born a dappled Son,
1 Tou^equ'ring her Imagination.
Had Jacob's Flock^bat feenyoH ft, the Dami
Had brought forth fpcckled, and ring-freaked Lambs :
^ Like Rqyibor. CtovfS, who are (as J may fay) ' .
Friers of both the Orders. Black and Gxty : . •
Like him that wore the Dialogue of Cloaks,
This foulder Jobn-a-StWcs, that Jobn-a-biokts. .
Be fickjand dream a little, yon may then
Phanfie thefe Linfie-wolfie Veflry-men.
But I lhall tire my felf, ( as I have done already, and I fear alfo tired my Reader ) with
tranfcribing old Canons, and old Verfes.
In Ihort, in all the Synods'and facred Councils, (that I can confult, and there's none of
them have efcap'd my Inquifition ) and alfo in the Primitive times, and firft three Centuries,
Presbyters and Priefts have been fo far protedled from proud and inlblent Prelacy , that
care has been taken of them, even in Punclilio's, fuch, as keeping on the Hat, fitting, &c. in
prefence dfthe richeft and greateft Bifhop of them all.
Cone. Carth. Confitutum efi quod Epifcopus qiiolibet loco fedens fare Presbyterum non patiatur, in Ecclefa au-
34> 35* tem & confeffu Presbyterornm, fublimior fedeat •, intra demum vero eollegam fe Presbyterorum effe
cognofcat.
' It is decreed, that the Bifhop wherefoever he fit, fhall not fuffer a Presl^er to ftand be-
' fore him -, neverthelefsinthe Church,and at a meeting (or Seffions) 01 Priefts, he fhall
' fit uppermoft j but in a houfe, or at home, he ought to know that he is a Fellow and Com-
* panion of the Presbyters.
In CoMnciUl. Thus the Bifhops call the Presbyter Elpidius, our Brother and fellow in Office Elpidi-
Theodoret, tij • which Is the very fame Title that is given by the firft Council of Nice, to old Alexander
' 4- • Bifhop^ of Alexandria, and Eufiathius Bifliop of Antioch, two of the greateft Bifhops and Me-
tropolitans in Chriftendom, in thofe days.
And are not good and ftatelyMannors, large Fines, Rents and Incomes, (pertaining to
Bifhops and Archdeacons) enough to fatisfie their appetites, but they miift long alfo to pinch
fomcwhat from every poor bare-bone Parifh-Prieft ? who with great ftudy and pains,and large
: expence of money and time, at School and the Univerfity, at long-run may perhaps (eQ^e-
dally if he or his Friends can part with more money) get into a Benefice.
T — . ^ Money for Ordination, (the true fin of Simon Magus, and the bafeft Symo-
nie) Money for Inftitution, (to the Bifhop, and his Secretary, his Regifters, Porters andSer^
, vants) A/owcj//or(to the Archdeacon, and his Regifters alfbj Firft-FrUits,Arrears
f of Tenths,Dilapidations, Procurations, Synodals and Vifitations,(^c. are paid, and ma-ny
" f . ^^^f^ payments without Law, fame againft Law, Confcience, Equity and Reafon, no wonder
" ' Prieft isa" poor Prieft all the days of hisXife ■, whilft fome furly Dignitaries that opprefs
' him.
7*/;e Naked Truth,
li
him, maintain their Foot-boys and Coach-horfes in better flight. Let fuch read a Letter of
my Recommendation, 'tis from a Pope (too) ofRome^ (but before they grew fo proud and
high ; ) it is Epift. 3. Sartii Clementis dt officio SacerdetHm; they know where (fure) to find it
in print: whillt poor Prieftslament with bt. Bernard., Serm. 77. Parum eft noftris vigiiihus, ft
nonfrviint.,mfi&ferdant: ' Thefebig-Spiritual-mcn think it too little to withdraw their
^ favour and protedlion from us poor Labourers, except they alfo do us a mifchief.
Which will certainly be from them, iox this NakedTr nth., if they can difcover
me ; but God's will be done,'tis theufual portion and confequenceoffpeaking Truth, and
plain-dealing j but, God's will bedone, I fay again.
Nay, theywill not fuffer the poor Presbyter to preach, and take pains in his Parifii, to
which he is Inftituted by them, and of which they have (as by Law bound) given him the
Cure, according to his Prefentation, pay Ten Shillings more for a Licenfe t6
preach there ^althfSigh he have had never fo many Licenfes before, to preach in the fame
T)iocefs, and has already given them fb many ten ffiillings a piece for them.
The Great Turk^is more merciful to the Grecian Slaves, he gives them free leave to pray
or preach Chrillianity, not demanding one penny for the Licenfe.
In Popilluimesand Countries, they us'd to fay, NoPeny, no Pater-nofler ■, in our
Country we mull fay. No Peny, no Preacher, no Licens''d Preacher.
When a Deacon is ordain'd Prieft or Presbyter, the Bible is given into his hands by the
Bifhop that ordains him, faying, Take thou Authority to preach the Word of God, and to
APiniJhr the Holy Sacraments in the Congregation where thou jhalt be fo Appointed.
Then (in Inftitmion) the Bifliop appoints him where : one would tnink, after all this, the
Prieft fo'oi dain'd might preach the Word of God in his own Cure, whereto the BiJliophas In-
him, and whereofthe Archdeacon has given him and feifin by Induction : But -
no fuch matter, he lhall be flenc''d ftill, for all this, except the other Ten Shillings be paid for a
Licenfe, (though he has three or four Licenfes already, and all paid for:) And if the Bifiiop
come to Viht the week after, or the day after •, fo that he knows well enough that the Mini-;
fler has good Letters of Orders, and Inftitmion •, ffor he himfelf gave it him the Other Day )
yet he mult pay for Ihewing thefe things again at Vifitations, and though he fhew'd them all
three years before at the former Vifitation, and the Bilhop has them all upon Record in his
Books, yet he mull fhev/ them again, and never recover them, till ho pay for them again.
In Portugal (I have known) in their Vifitations, the Bifhops make every Parilh-prielt pay
for a Licenfe to keep a Concubine •, And if a Man be old, zn&hzvc no Stomach to a
ITench , yet ftill he muft pay a Millroy or two for a Licenfe.
So that now they proverbially fay, Fiftationes tnormn (are become) Tifuationes nummorum,
St. P^z«/^deed went to vift the Brethren, and to fee how they do 5 but thefe go to vifit their
Brethren, and to fee how their Pockets do. ,
And all they have to fay forthemfelves is. It us'^d to be fo in Popijh r/wfj, and formerly pra-
ftic'd by others that were no Papifts.
But the Civil-laws alfo provide againft fuch foppifh Pleas. Error, falfa caufa ufucapionem Tuft-mian.ftrfi-
nonp. ritnam ufucapio non competit ifiis qui mala fide poffiident. And many fuch Laws can i j.2.titi6i
cite, if I lift, and it 1 did not think I have done their bufinefs already 5 If Statute-Law, Com-
mon-Law, Civil-Law, or (their Afafterpiece) the Canon-Law, Reafon, Equity, Juftice or
Confcience, nay, humane Nature and Compaffion to their own kind will work upon them,
in defpight of their Intereft;, and Money Money.
And 1 hope all thefe Laws of God and Man, Reafon, Flonefly and good Confcience will
over-votetheirlnterell and Money and Money and that they will ask God for-
givenefs, and that every Offender of them, from the higheft to the lowefl, will make relti-
tution i or, at leall, fay with repenting Job-, Behold I am vile, whzt jhall I anfwer thee ? I will
lay my hand upon my Mouth. Once have I fpoken, but 1 will not anfwer ; Tea twice, but I will pro-
ceedtio further.
Thus they will do •, if this workjfndly (as it is intended) upon their Confciences j but, if
inftead therecif, he\r\e,gawPd) they do nothing but kick^and wince •, and inftead of thanking
OTf for my great pains (here frankly bellowed upon them for their cure, in much Charity)
lhall rather joy n their Heads together, firft to find who I am that thus is kindly liberal to'
them jand then fecondly,get a Club of Criticks and cunning Lawyers to lie at catch for cve-»
ry Expreflion here to improve it (that is,tD mif-improve it) to Revenge, then I lhall be for-
ry that I have Vouchfaft fo much pains and care towards them, to fo little Fruit and Refor-
mation; and fo little thanks from them, from whom it is moll efpeciallydue. Thatintlieir
Vifitations (at leall) may ceafe that Dialed, better becoming the Mouths ofHeitors and Pad-
ders, thtn Regifters and Secretaries of Holy Bilhops, namely Come Clergy-rhari
■ deliver)our Purfe your Purfe for Vifitations, Synodals, lliewing of Holy-Or-
ders, and Procurations.
Archdeacons have zWgoodfat Corps, To they call the Lands and Tenements^ ( a kind of
Glebe) annex'd for ever to their Archdeaconries *, they need not pinch the poor Parfon, that
every body pinches.
PharaokPs Lean-kiiie indeed, did eat up the Fat ones j but/or the Eat ones to devour the
Lean, is a Prodigy not to be dreatnt of, or imagin'd.
G Vifitations
11
The TSlaked Truth.
VifitationsmadebyBilhopsand Archdeacons, have for their Warrant (as fome alledgc)
A.ts 15.5(5,42. thePraftice and Example of St. and Afts 15. who went to viftt the Brethren
in every City^vehtre they hud Preached the Word of the Lord, and to fee how they do. AnA Paid
went ihrongh Syria and 5;7;c/^z, confirming (mark that) the Churches,
So that the work of a Vifitation was to confirm (or ftrcngthcn) the Converts, by preaching
again the Word of the Lord to them--, AVt, by a perfunctory-mumbling over afew canting
Words over Childrcns heads, as Popifh-Bilhops do (mimically) in pretence of imitating
St. Pad, who went to confirm men to the Faith, whereby no fiefli alive can poffibly be en-
lightened, inftruCted, or or ftrengthened in the Faith.
Nor did St. fend his 5w»2«fr before him, commanding the Difciples or Brethren to
come and meet him at fuch a great Town,where there is a great Church and a great Tavern,
and be fure to bring their Purfes with them too ^ or if they could not both come, that then of
the tTPo,they Ihould be fure to fend their Purfes however, by fome Neighbour, though they
could not come in perfon, ^thatfothe Attonement and Peace might the better be made.
-— Jf Crofs-grain will not come, then let him ftay,
( Let him but fend his Purfe ) ftill keep away.
'Tis an unpardonable fin to come to a Vifitation and forget your Purfe •, nay,or to bring
it empty: You may with empty Purfe part with your Letters of Ordination, Inftitution, In-
duClion, &c. but there is no redeeming them without Money j never Man yet in all my Intel-
ligence found any other Redeemer of them, fave Moiiey Money.
Rog. Hoveden- And yet the firft Archbifliop, in his firft Vifitation after the Conqueft, namely, Hubert,
Annalpars pojl- Archbilhop of Canterbury, in the Council of London, Anno 1200. did ordain that no Procura-
807- tions, or other Money, Toll, or Exa(^1:ions, fliould be paid in Vifitations, inthefevery
Words. Prohibemus ne fubditos fuos Talliis& exaSHonibus Epifcopi gravar^prefumant. Cum e-
nim dicit Apofiolus, non debent Filii Thefaurizjire Payentibus fed Parentes Filiis multo longe a
pietate paterna videtur, fi prapofti fubditis fuisgraves exifiant, quos in cunStis necejfitatibus Pa-
Ptoris more debent fovere.
Archidiaconi aut fui Decani, nullas exabliones vel Tallias in Presbyteros feu Clericos exercere
prafuniant, Scc. He that likes, may read more of thefe Decrees two and twenty years after ;
Spclman.Con- namely, 1222. Council. Oxford, by Stephen Langeton Archbilhop of Canterbury, and four years
cH. Tom. 2. after confirmed by Otho the Popes Legate. Concilia Londini. Anno 1226. and by Othobon the
p. 1220, Popes Legate, and the Council under him, Anno 1248. and before that, by the Diocefan Sy-
nodheldat Salisbury, Anno 1217.
' Is it not ftrange, that a Bilhop, and a poor Bilhcm too, Ihould call a Synod to cry down
thefe opprefiions! and yet it was done in the year aforefaid by Robert Poor Bp. of ^arum. And
An. 7287. hy Peter QuivilP)'^.of Exeter. Andhy Walter Raynolds Axehh]). of Canterbury,nnd.
Cone. Lorrd. in the Reign of K. Edward 11. And by John Stratford Archbp. of Canterbury, An.
1342. De vifitatione & procuratione Archidiaconorum & dliorum ordinariorum.
But all the Vifitations of old made by Bifhops or Archdeacons were Eccleftaftim,V\k.e that
of St. PauPsnndi Barnabas.
For to fend out Citations to Minifters, Church-wardens, and Sinners, and little Children
to come to be Confirm'd, &c. at fuch a great Town 3 They rather go to vifit the Bilhop,
than the Bilhop to vifit his Brethren, as St. Paul did, Ecclefiaftim, from Church to Church.
Thus (TopfyTurvy can Vifitations now become 3 as if the Miniller that is enjoyn'd to t;/-
ft the Sick^, (in the Common-Prayer-Book,) Ihould fend out his Apparitor, and command the
Sick perfon to come and vifit him 3 or at leall, give him a meeting at fuch a Church,and fuch
a Tavern, and then helhall hear what Prayers he will fay over him.
St. James fays, Jam. i. 27. pure PAigion and undefilcd before God and the Father, is this. To
viftthe F atherlefs and Widdows, &c.> What to do? To pill them and poll them 3 Nofurely,
that would not be a very pure Religion, except of fuch a pure Religion as is made up of pure
Money; the Fatherlefs (I fuppofe j like not the vifits of fuch kind of Fathers, they had rather
they would keep away 3 and not help to make them poorer, and add Affliftion to the Af-
flidled 3 of fuch Vifiters better have their Room than their Company ; Is this your Kindnefs to
your Friends when you come to vifit them ? Hah ?
Indeed I find that Allowance is taken care for, (in Vifitations of old) but what ? Not
Money 3 but Food and Drink, fuch as the poor Vicar and his Family makes Ihift with, but
never, never any Money in ancient time. For which let him that lifts confult Wil. Lindewood
in his Provincial Confiit. \.3' de Cenfubus & Procurationibus,f. 159, 160. Johannes de Aton in
his Glolleson andOt/;o^o«'sConftitutions,/.43,89. Angelas de Clavafo inhis Sum-
ma Angelica,Tit. yiftatio. alfo Diftindt. 42. cap. non opertet. Alfo, Concil Later an.
fub Innocent 3 Pap. An. 1215. cap. 33,34. Alfo Concil. apud Caftrum Gunter. An. 1251.
Smm Con. Concil. apud Salmar. An. 12^3. Synod. Andegavenfs, An. 1263. ConCii.VtO'vinQini.apud Lan-
Tom.^.p'ief- gres. An. 1264. Concil. Bur degal. An. 1582, (j-c. colledted by Laurentius Bochellus, Decret.
Eccles. Gallican. lib. 5. Tit. 15. Devifitatione, Procuratione, Cr perfonis quibus commijfa efi
poteftasvifitandi. Alfo ConcW. Coloniens An. 1549. Concil. Trident Sesfs. 20^. de Reformatione,
cap. 3. Thomas Zerula in his Praxis Epifcopal. par. I. Tit. vifitatio.
They all concur Dtwdlus Procurationem recipiat nifiin Locis viftatis duntaxat •,&
turn, Tantum vibtuallibus a locis qua viftamur j That Meat and Drink, when the V ifiters are a-
thirft
The Tlaked Truth:
thirft or hungry, lhallbe given them, but not one Farthing of Money. For, fays the faid
Council of London^ Anno 1200. The Children ought not to lay up for the Parents, but Pa-
rents for their Children^ How far is it then from the Piety of Fathers, if rich Prelates,
that ought, like good Pallors to provide for the wants of their poor Flocks under them,
Ihould be burthenfom to their Inferiours}
And therefore the {aid John de Aton in his Glofs on that claufe of b^^o^ow'sConflitu-
lion,/. 89. hath thefe Words J viz. Nos ta}nEcclefiarnmindemnitati ^uamPrAatorHm Jalu-
ti confiiltius frovedentes difiriStius inhibemus^ ne qiiis ear urn Procurationem (qua ratione vifitationis
debeter) ab Ecclefia quacunq-, recipiat^ nifi cum eidem vifitationis ojficium impendit^ qui vero recepe-
rit donec.reftituerit ab In^reffu Ecclefia Jit fujpenfius(By this Law then the Biihops and Arch-
deacons mull make I eftitution, of all the Moneys they received fox Procurations^ orelfebe
Sufpended, and not fulfered to enter into the Church, until they reflore thofe ill-gotten
Goods. J Et hac ratio forte movet Epifcopos hujus Re^nf qui in Vifitationibus fuis. Procurationes
ab Ecclefia comtnuniter tion exigunt *, quia ad fimgulas Ecclefias ob caufam Vifitationis non dccli-
nant^ lecet plene perfionas vifitent tarn Clerum qnam populum \ ob hanc caufam nunc ad unu7n locum^
punc ad alium congrimm convocando; cum tamen Procurationem debeant recipere tantum modo de lo-
cis vifit xtis.
In Ihort, Vifitations of old were to a good end, like that of Paul and Barnabas^ by preach-
ing the W Old again to them, to confirm thcx^y ox firengthen and corroborate them in the
Faith.
Afterwards, this Godly ufage became a Trade, but never till there was Money to be got
by it a nufance, that Pride and Covetoufnefs invented , and continues in fpight of the
Laws and Canons of God and man.
For which caufe the learned French Bilhop ClauditttEJpencamcoxxifi[am%\nthtfoYiOxds,; /
Mmores non tantum Epifcopi fed ut Archidiaconi^eorumque male oJjiciefit( abfit verbo invidia^
nam de malis loqttor) Ojfciales & Vicarii^ dum Diocafes & Parochias obe quit ant ^ non tam facmo'- '
rofos & crhninum reos poenis & correbiionibus d vitiis deterrent^ quo fine Peregrinationes hujujmodi
dim jam fuerint jure canonico ordinata^ quampecunid prafenti & numeratd , titulo ProcuratioitiSf
ne dicamficbitia Jurifdiblionis emungunt-, & exigunt tum Clericos^ tvim Laicos.
Firll, they bring their printed Articles for the Church-wardens of every Parilh to buy., (and
though they have half a fcore of them) which the Paridi has bought ten years together, yet
ftill they mull buy a neiv Book every year, or lay down the money for it, and then you may
chufe whether you will take it with you or no : Then alfo the Church-wardens mull fwear
to keep and obferve thofe Articles j And are not all that do fo, forfworn ? Then they mull
give money (a grant) for being fworn then they mull fwear to Prefent, and if they do not
make a Prefentment, they are Excommunicated ^ if they do put in a Prefentraent, ( ufually
written in Court, and very brief, vrith an omnia bene, for which they pay aihillingj then alfo
for putting in the Prefentment a Hulling more : For three fliillings and fix pence, or three
fliillings and eight pence, a Church-warden may efcape cleverly. But faith the faid Fxench
Bilhop, the Minor BiHiopsand Arch-deacons, and thoix wickedly-officious (pardon the Word,
for Ifpeak only of the wicked) Officials, and Vicar-generals in their Vifitations, do not fo
much deterr men from fin, by punilhing the criminals, as to drain their Purfes by exading rea-
dy monies, of the Clergy and Laity, by the name of Procurations, and I know not what
feigned Jurifdidion : Thus the faid good Bilhop Efpencaus.
And therefore in the greatell height of Popery in England, the Kings Jtidges and Jullices
in his Temporal Courts have ufually decreed, that Excommunicate perfons flrall be abfolv-
ed (r/^zT'e ermwrej w hen the Judges difallowed the caufe for which a man was Excomrauni-
cated : And many Adions of the Cafe have been brought againllthe Arch-deacons, &c. for
Excommunicating men for things out of their cognizance, and exceeding the limits of their
Ecclefiallical Jurifdidionsnamely, when they meddle with the right of Patronage, exempt
Churches, ( being Lay-Fees, &c.) and.have made themg^_y fiawce for being fo fawcy and prag-
matical.
ple-inllance in one : Pat. 18 Edw. I.m. 26. Be Ubertatibus liber arum Capellarum Regis.
Rex omnibus, &c. falutem. Jnfpeximus literas celebri, memoria Domini H. Regis Axi^ix pa-
t ris ttofiripatentes,inhec verba. HenxicviS Dei gratia Rex AxigWx, Dominus Hibcrnis, Dux
Normannice, Aquitanice, Comes Andegav. Omnibus ad quos, &c. Cum plures in Anglia Ca-
pellashabeamm exemptas, quorum libertates locorutn Ordinarii infefiant, &C. Refcriptum ioitur A-
pofiolicum de verbo ad verbum fic duximus fubfcribendum. Innocentius Epifcopus Servus Servo-
rum Dei, kariffimo in Chrifio filio Regi Anglorum illuftri, falutem & Apofiolicam benedibtionem.
Tanto libentius Celfitudinis tua precibus benignum impartimur affienfum, quanto inter Reges & Prln-
cipes Chrifiianos te fpecialiter reputamus dileblum filium & devotum: 7 uis itaque fupplicationibus
inclinati, difiribtius inhibemus, ne ullus Ordinarius, am etiam Delegatus vel Subdelegatus in Capel-
las Regias & Oratoria earundem Ecclefia, Romans, immediate fubjebba, &c. Excommunicationh vel
Interdiibi fententiam audeat promulgure, feu aliquod ipfis onus imponere, quod aliis exesnptis Eccle-
fiis, &c. Nulli ergo omnino hominum lice at hanc paginam.nofirs inhibit ionis infringere,lkc. Si quis
autemhoc attemptare prsfumpferit, Indignationem omnipotentis Dei, & beatorimVotxi GFPauli
Apofiolorum ejus Noverit incurfurum. Dm. Lugduni, 12 Kal.Augufti Pontificatus nofirt
anno 3.
G 2 Wktt
The "N-aked Truth.
What a doe was here made ? what care taken ? what Intereft made by a great King at the
Court of Rome} for what? for nothing in the world but to keep the King's exempt
Churches and Chappels free from the Bilhops Impofitions and burdens •, the Pope refrrv-
iug them for his own Tooth : for fo it follows in the faidBull, abf^ue jna/idato jt "u
J^ojtoltca (pcciali. This inEnglilli founds like that of the Lawyer, to his brother / o-
torney;
^ Loving Brother.,
Plmk^thou one Goofe^ and Pie flitch^ toother.
I am confident the Brethren all over Syria and CiUcia were mighty glad to fee Bant and
Barnabas,\N\\^n they Went lovingly to vijit the Brethren and fee hovo they did do : They did
not make Friends, nOr beg,— faying, Let me be exempt, and Let me be exempt, but certainly
were very glad to fee them •, for thofe Vifitors came to do them good, not harm •, to ftrengthen
their Faith, not to weaken their Elfates ■, to enrich them with Graces, not impoverilh them
with Extortions and OppreOlons •, with hand and heart to better them, not with hand in
Pocket to beggar them : like thofe wretched Prelates St.complains of, Q^mda-
bes mihi de numero Prapofitoram qui non plus invigilet fubditorum evacuandis marfupiis quam vitiis
extirpandii ? Ihew me ever a Prelate of them all, that is not more rare at emptying the Poc-
ketsof them that are fubjeft to them, then in extirpating prophanefs ? Non efi cufiodm,
fed perdere •, non ornare fponfam, f rd fpoliare j non ejt defendere,fed exponere -, non efi inflitu-
ere,fedproflituere •, non efi pafceregregem, Jed mallare & devorare ■, dicente de UHs Domino, Qm
devorant plcbem meam t^t cibitm panisCr quia comederunt Jacob, & locum ejus defolaverunt. Et
to alio Propheta -, peccato poptdi ?nei come dent ■, quafi decat,peccatorum precia exigunt, & peccan-
tibus debitiim folicitudinem non impendunt. This is not to defend, but to offend j not to adorn
the Spoufe of Chrift, but to make her forlorn •, not to protedl, but ruine j not to infti-
tute, but to proftitute ^ not to feed the Flock, but to eat and devour it^ as faith the
Lord concerning them, people as they eat bread: they have devoured
made wafte his dwelling-place. And in another Prophet, They eat up the fin of my people
f that is to fay) They exaft Money of Offenders, and are more diligent to make them pay
for their Sins, than cure them of their Sins. So that as good ffore of differences and dif-
fenfions (that makes other men break) makes the Lawyer found and whole -, And as a fick-
-ly Autumn is the Phyfitian's Flarveft ^ fo a wicked Diocefs made the fatteft Prelate, it
feems (in St. Bernard^ time, by commuting Penance, Excommunicating, then Abfolving,
then prefenting them again, and them again the next Vifitation, Money—more Money.
Succeffores omnes capiunt effe, Imitatores pauci. They would be accounted the Apoffles
Succeilbrs, but few will follow the Apoftles examiples : Oh utinam tan vigiles reperirentur ad
cur am, qudm alacres currunt ad cathcdram : Would they were as watchful in difcharging the
Cure, as they are nimble to get into the Chair !
Sed& litteris forfitan mandentur ifiaqua dicimits, dedignabuntur legere: aut fi forte legerint,
mihi indignabuntur, quamvis rcilius fibi hoc facerent.
But if haply, ffauh St. Bernard) what I now fay fhould be committed to Writing, they
would not vouchfafe to read the lame •, or if they did, they would be raging mad at me,
whereas by right and good reafon they had more need be enraged againll themfelves.
Thefe Spiritual-Gluttons had need to go to School to the Heathen ^oet, and learn his Com-
mon-prayer.
Sit mihi quod nunc efi, etiarn minus, ut mihi vivam
Quod fupcrefi avi, fi quid fupereffe volent Dii.
Let me but keep the pittance that I have, ,
Nay, though "'twere lefi than "'tis, I no more crave,
"'Twill ferve to help me (jogg on) to my Grave.
PUcita & .nffifa capta apud Northampton in crafitno natalis SaSli Johannis Baptiilte,^^-
no Regni Regis ^ennci filii Regis ^ohzniiis tricefimo prima-, Rogero Thurkelby, &
fociis fuis Jufiiciaris.
—Effoniator Dragonis de Staunton, & Henricus filim Roberti Effoniator Alicia de Staun-
ton obtulerant fe quarto die verfus MagifiNlch.olnnvn.Archidiaconum de Bathonia, de placito,
qiiare tenuit placitum in Curia Chrifiianitatis de feodo ipforum Dragoniis ^ Alici<e de Staunton,
contra Prohibitionem, &C. & verfus Walterum Perfonum, &c. & verfus Wil. Lenteneley de
placito quare fccutus eft placitum in curia Chrifiianitatis de laico fiodo, Crc. contra eandem Pro-
hibitiontm, &c. Predibtus Walterus occafione pradiSl. difiriStionis fecit ipfos cituri coram offci-
ali Archidiaconi Bathonis apud Brillol in Ecclefia S. Marix de la Radeclyvs •, Et cum ipfi
detuUffent eidemVJzltoro Prohibitionem Domini Regis, ne Walterus Placitum ilhid
amplius fequerctur, idemV^ zXtotm SpyxotZ Prohibitione Domini Regis, fccutus efi placitum illud
in curia Chrifiianitatis coram Archidiaono Bathonix de die in Diem & fecit ipfos Excommunica-
ri,<^c. unde dicunt, quoddeteriorati funt & damonum habent ad valentiam lol. inde pro-
due ant, &c.
Et Praceptum eft eidem Walter© quod interim Abfolvi faciat PradiSlos Dragonem Alici-
am feSlam, Crc. Et poftea per praccptum Jufticiar. de nunciavit ipfos a fintentia ilia abfolu-
tos, &c.
This, (amongft many others, wherein I could inftance) is but to Ihew that rk King^s
Judges
The ISlaked Truths
2-5
'fudges did controul the inferiour Jurifdidlions, fcalled Ecdefiaftical) and whether
the caufe or contempt deferved Excommunication, and accordingly commanded Abfoluti-
ew, &c. as I have known the Lord Chief Baron, (in his Majefties Court of Exchequer) a-
boutfeven years ago, command Doftor Like (Commiilary of Limoln^ and then in Court)
to abfolve one King^ &c. to which the Boikor making fome tergiverfation, the Lord Cheif
Baron threatned to lay him by the heels for his contempt.
For it is great infolency, for a Commiilary, Official, or his Mailer, the Arch-deacon, to
excommunicate in their Court s and Viiitations the Kings Subjeds, except b.y Authority and
Commiffion from God or the King.
^ From God^ they have no power to excommunicate or to hear Caufes, then hath any Pa-
rifh-Priell in his Parifli, if fo much: And if they have a Commiffion from t\\QKing (let
themfhew it) but when they have fhevvn it, I dare fay it will run, with fubmiffion to Hi^
Majellies Decrees in his fuperiour Courts ^ Conns of Record at Weftminfter ^ Conns of good '
and great ufe ^ C(7«m that have his Majellies Authority and Commiffion to Ihew for what ' -
they do ; Conns that do not bear the Sword in vain •, Conrts that are not made up only of an
empty noife of Curfes and Anathema's, thundringand cracking as if they came from Hea-
ven,when all is but vox & prateria nihil^znd not of little or no ufe, but to vex and weary
out the Supplicants, Suiters and Attendants, by enriching fome/fw (not of the heft of maur
kind) with Money, Money.
And on the contrary, how careful have our Kings of England been rather to encourage
Earijh-Minifiers, that labour and look after the Flock, even in times of Popery j as for
inftance in this Brief,privato figillo Edwardi i. anno regni ejus 33. in thefe wordSi
Rexdilello fihi Ricardo Oyfel, [no de FIoldernefle,yiz/«ff»>. Mandamns vohis, qnod
de exitibns Molcndinorum noftrornm in Belliva veftra faciatis Dccimas dari Perfonis Ecclefiarnm
in quitrnm Parochiis Adolendina ifta exiftnnt^ pront alii Magnates de regno nojiro, ac kominis par'
tinm illarnm Decimas dint de exitibns Molendinornm fnornm. Et nos vobis inde in compoto ve-
ftro ad Scaccarinm noftrnm debitnm allocatiotJem fieri faciemns. T.R. Weltmiio. die
Odobris. Per breve de privato figillo.
And good reafon(fure) had that valiant King to give all due encouragement to the In-
feriour Clergy, if weconfider how he was affronted, and defy'd and brav*d by the Prelates,, ,
efpecially by Robert Arch-biffiop of Canterbnry,, fo that the King was forc'd to pnt all the ,
Rebellious Prelates and Clergy ont of his proteiHoa,, feizing their Goods and Revenues, until J •
they (at long-run) fubmitted themfelves, after a tedious BnfiU,, (to which they were encou-
raged by Pope Boniface,')
I know that the King granted his Favour afterwards and Protedion to the faid ftout
Arch-bilhop^otw and the reft, and fuffered the faid Arch-biffiop to Hand by him and his
Son upon a wooden Sceffold (ereded before the Gates of Wefiminfitr'Hall for that purpofe)
when with many Tears the King askt Pardon (with all Humility) not the Arch-biffiop's
Pardon, but that the People would pardon him ^but it was not for his humbling the proud
Clergy as aforefaid, but for his Arbitrary Government •, Dicens, fe minns bene & tranqnille U
quamkegemdeceretipfos rexijfe,,&c, Rnrfnm^ntlibertatescontentas inMagnaCharta,,^ deEo-
tefia, in nfu extnnc ejficacius haberentnr, & volnntarias fuper his exaStiones indnbias,, de catero qnafi 1297, p.
id irritum revoearet,,petentibns Comitihns & Baronibns; Rex Articulos in pradittis chartis content 410. Tpiigma
tos innovari infnper & obfervari mandavit, Henry de Knyghton adds, Rogavitq-, Popnlnm accepta f^enjir. p. 84.
licentia,, ut omnia condonarentnr fZ, & orarentpro eo; & orabant qnidam police, alii vera Jic,, alii
vera occnlte,, pauci vero bene. . *
Anno 32 Edw, i. this King was again affronted by Thomas Corbridge, Arch,-biffiop of Torkj
For when the King by his Letters Patents granted to Mr. John Bonhs the Prebend of Sty-^
velington in the Church of St.Peter in York^, and commanded Thomas Cor'bridge the new Arch-
Biffiop to admit him, &c, after two fuCceffive Mandates, he neglfeded to do it, to the King's
damage 10000 /. ( as in the Plea Rolls of Trinity Term held at Tork.^^ 3 2. Edw. i. is at large To be feen ia
expreffed.) ' Receivers
Thereupon the Arch-biffiop being fummoned to anfwer this contempt before the King's
Juftices, he appearing, anfwered^ *■ That he was always ready to obey the Kings commands, qj," Wetf*
*" fo far as he could j but he could not admit the King's Clctk, becaufe the Pope had conferr- nMgr, *
' edthefaid Prebendary, and Chappel thereunto belonging, on his own Clerks, of whom
' they were now full j and that he could not make void the Ad of the Pope, his Superiour
• Lord, nor deprive or remove his Clerks And therefore prayed the King to hold him excu-
' fed •, refufing to give any other anfwer.
Whereupon Judgment was folemnly given againft him, *■ That what he alledged was no
' fufficient caufe for him not to execute the Kings commands and that all his Temporalties
* ffiould be feized into the Kings hands for this his contempt, &c.
By which we may fee, that even in times of Popery, the Kings of England have oppofed
the Popes Innovations and Ufurpations, and the Kings Juftices have taken cognizance of
thefe Ecclefiaftical matters ^ and that no Forreign Mandates or Bulls were pleadable in the
Kings Courts, in bar of the Kings Writs •, and that long before the Reign of King Henry 8.
obedience to the Pop® before the King, was adjudged a very high contempt in Law, and had
a fuitable puniffiment •, and that the Kings Temporal Courts had Soveraign Jurifdiftion o-
ver the Ecclejiaftical Proceedings, which is alfo more evidenced by the feveral Ibrts of Man-
H date®
The "N^hd Truth,
datesandWrits, even in times of Popery,'frequently ifllied out againft Arch-bifliops, Bi-
fhops, Ecclefiaftical Judges and Ordinaries, commanding them to do this and that^ and pro-
hibiting them mt to do this and that; witnefs the Writs of jQmre impedit-, Qjtare iticnmbravit,
Quarenon admifit^ de Clerico admittendo, de copia lihelli deliberattday de permMattone Beneficioramy
^ralforit ^ revocatione Br&fentationis-, de Rejidentia facicnday de cautione adinittenda'^ de -^(ftfa nlttma Pra-
femationisy cejfavit de Cantaria, de Nonrefidentia pre Clends Regisy de Prafentatio}je ad Ecdefiam,
Prabendamy Capellarriy &C.
Nay, (it feems to me that) even in times of Popery, the Kings Judges would take no no-
Cook, Inftic. tice of any Excommunications,, hut what were decreed by the BiLhop himfeli,. or one that
134.3- hath'ordinary Jurifdiftion, and is immediate Officer to the Kings Courts.
Becaufe only upon the Si^'/^ificavit^s of Arch-biihops, and Bifljops oniy, or fuch as have or-
dinary Jurifdiftion, ffiall be iflucd out the Writ, De exconmmicato capiendo.
€ook- Inftit. - For if a BilTbop do not certifie the fame upon his own knowledge, (hut only by hear-fay) or
Scft. 201. the Certificate of another Biffiop, (and by parity of rcafon, of any other man, as his Commif-
-lary, Arch-deacon, fxich Certificate is not fufficient.
And ofthefe Ecclcfialtical Proceedings the Kings Jufticcsarethe only Judges. Much more
are they Judges at this day whether thele Procurations and Vifitations ffiall be paid, being fo
contrary to well as againft the Canon-Law, Equity, Reafon, and Confci-
cnce.
And alfo Judges whether the Seal to the Significant be a legal Seal according to Statute,
and whether all the Procefles have been made in the Name and Stile of the King, as well as
Seal'd with the King's Arms ? For (all the reafon in the World thatj jfthe Clergy will take
in (to help them on with their Ecclefiaftical Ordinances and Jurifdicftion (The King's helping
/j^iHc/tocondudall Men to the Goal whom they have delivered to the Devil j that their pro-
ceedings alfoffiouldbe, as the Law enjoyns, in the Name (ftile, and under the Seal) of the
King.
But ftrange alfo is the Pradice at this day m thdr SpiritHal-Coms in many particulars j
I'le Inftance but in two at prefent, this difcourfe more properly coming under another head.
"One is in the Cafe of Probate oflVillsy the other is in the Cafe of Excommunicatic».
, ThePradice atthisday, as to (wherein Lands, Tenements and Heredi-
taments are givfen and granted) is for the Regifter to keep the Original Wills, and give the
Executor only a Copy of the Original-Will, to which Copy they affix the Seal of tbe Coui-t,
Eftatq? difpofed by Will are ulually in Prejudice of the Heir at Law, and yet if the-Heir
by Will hav£ a Tryal at Law with the Heir at Law,and ffiow the Will prov'd under the Seal
of the Court,-he will lofe his Lands for all that •, for the Judges at this day will' take no No-
tice of it y and if he goes to get the Original out of the Regifter's Hands, fometimes 'tis loft,
. and cannot be found for Love nor Money, thtu farewel Landy for that's alfo gone paft all Re-
eovery -y or, if the Regifters do happen to ftumble upon the Original, they will not part with
it except you give them a thoufand pound Bond, and good Security to retitrn the fame ^ and
alfo 40 s. or 50V. it ufually cofts over and above j I know it to he true by woful Experience
to the ruine dfmany a Man's Eftate, to the defeating the Will of the deceafcd, and in defi-
g anceofthe Statute 21//(?». 8. 5. which commands them to affix the Seal of the Court to the
SSI H. • 5' Original-Will, in fuch cafes where Lands and Hereditaments are bequeathed, and deliver it
to be kept by the Executor, or Party concern'd j for who can fafer keep a Man's Deeds than
himfelf ? and for^the Copyy they ought to take but one peny for every ten lines thereof,where-
of every line to contain ten Inches in length.
So that (if the Queftion be ask'd again. What are the Spiritual-Courts good for ? ) Are
they not good at acting in defiance of the Statutes of this Realm ? And have they not al-
ways been good at that, as ip many Inftances Appears in this Difcourfe ? I will not Advife
' ' (tho"*) that to make them good and whokfonty they ffiould be drefi and be drejt, as the DoEtor
Advis'd his Patient to drefs Cucumbers, with which he had long been enamour'd, to the ru-
ine of his health; namely, iTo take the Cucumbers and flice them,and waflt them in Vinegar,
then in Salt and Water, then again in Vinegar and Salt, and then in Vinegar and Pepper, and
then lafiiy (the onely way to keep them from being mifchievous is) to throw them to the
Dunghil.
But Certainly Errors from the Rule, from the Rule of holy Scriptures, the further they
go, the further they go aftray ; and it can have no colour of charity, or pretence from God
or Chrift, or the holy Scriptures, to deliver precious Souls to the Devil: for want of paying,
the Knave a Groat j if their Excommunications were (as they pretend) a real delivery to Sa
tan, aprecioHs Sod (for whom Chrift dyed j is too cheap in all confcieiice to be ffiirly delivered
to the Devil for the value of a Shilling or two.
But (that the befton't is) they'l redeem again alfo for j a Man would
wonder fuch mifchiefs fliould be no more taken notice of,except the Fellows are look'd upon
to be fo contemptible, as that no wife Man heeds them nor their Blunder, nor their Thun-
der.
Another mifcarriage is. That whoever the Regifter with fome little Sarrogatey (whom the
Regifter leads by theNofe) for theblindeft and the willingeft to be fo led hthefittefi Pro-
perty) ffiall excommunicate, though but for want for paying the Regifter his Fees, illegal
and
• '■ - - -—1 .J
Tk Naked Truths ij
*end unjiiftifiable Fees-, all Parifh-Minifters are bound to deliver their Flock fo excommu-
nicared to the Devil, or declare the fame (fo to /^c) ptiblickly in the Church, though he
inew nothing of the merit of the Caufe, nor of the due courfe of Proceedings._
But that's act all, a u'orfe mifchief is-yet behind, namely, The Bijhop ; The Bifhop (up- ^ 23,.
on the Certifcavttoi the Arch-deacon's Regifter) grants his without hearing a-
ny thing ot the Caufe -, fo that, as Papifis believe, as the BiuiOp of Rotne believes, fo here
quite otherwife (yet no better) theBilhop believes as the Regilter of the Arch-deacon's
Court believes, and whatever/jt ccw/ia to theBilhop, he into the High-Court of
Chancery -, fo that is ufually m.ore fafe to difpleafe any Lord in the Land, than a little, flin-
gy, fneaking Regifter that kughthis Place, and muft make hisbcft on'c.
And we may fay of thefe pittifiil Fellows aswssfaid cf jPlcxandcr the6i/j. hisSy-
mony, in felling fo many Benefices, Cardinal-Caps, Indulgences, as he was Pope, hav-
ing ftrft by Bribes purchas'd the Popedom
—— JLnicrat ilk prius,
Why foiild act Chapmen fell their Ware, When ahcvehoard they bought it fair ?
Synodals 2X(tccvfTm yearly Exadtions, paid by every beneficed-Frieft to-the Arch-deacon
cut of every Benefice in every Arch-deaconry yearly and every year, throughout the whole
Kingdom of England.
Originally, They were given to the Clergy voluntarily, for the maintainance of their
two Procurators, which were in every Arch-deaconry throughout £»^/W, chofen by the in-
ferior Clergy, to reprefent them and vote for them in the
In imitation of the Wages allowed to the Knights, (^s. per diem) Citizens and Burgef-
fes (2 s. per diem} for every day they Sit adtually in Parliament, for which there are fevxral
Statutes of old time made, but feldora or never in thefe days put in ufe and pradife, except
here and there by fome needy man. But however there is a Law for this, but Synodals are
againft Law, and therefore they differ (only) as right and wrong.
Befides, They were frce-iP/V/ Offerings-, but now they are comfnanded and cxallcd as a
Tribute to Mr. Arch-deacon in pain of SufpcnCon, Excommunicaticn, fl>encing<i/' off do,
(you lhall not pray nor preach till you pay him, nor adminifter tl e bleflcd Sacraments, you
Ihallnot ferve God, nor fo miUchasccme into the Church, tillhebe firft lei v'd, (that is)
paid) And alfo your Benefice too fball be fleec'd, he will^o ffares^ tr the Minifter fhallhave
noffareSizll. _ -
And yet originally this was conferred in kindnefs to the two Piccuraiois,that werecho-»
fen to be Rcprefentatives in the Convocation, and for their encouragement to perfwade
them to accept the Place, in behalf of all the ber.efic'd Minifters jof that Arch-deaconry.,
But what do youtell Atch-dcaconscf Originals, or whence the Procurations and Syno-
dais came originally? Very few of them know that, and if they'do, they defire not the
knowledge of thefe ways, Rem, rem, qmcunq-, modo rem.
If they be for Canons, why do not the Biftiops fulpend all the Afch-deacons, and excom-
municate them at leafiwith the Icffer (for fo they diftinguifti) Excommunication, ab Ingrtffu Ec-
xlefia, till they repent of their Wickednefs, and till they make Reftitution, as the Canons '
enjoyns ? And why do not then alfo the Arch-bifhops excommunicate the Bilbops according John de
to that Canon, until they repent, and make Reftitution, to the poor Clerg v ? (They have -^tn in
mack younger Brothers of them (to be fure) long enough.) quoth he ? if "this be
the kindnefs of Brothers and Brotherly-kindnefs, we'l even difclaim the Kindred at this othon.'
rate*, I hate the Friendffip that mufi be bought. I know the Syw<^ does not fit ufually three
days during a whole Scfiions of Parliament -, no matter for that Synodals, Synodals the
Arch-deacon will have, right or wrong .• Indeed the Parliaments now adays have got an o-
pinion (as aforefaid) to fee with their own eyes, their prefence, and therefore though
prefent in Syncxi, they fit long enough before they ask them a (Tueftion, or fend to them "of
late days -, no matter fill Arch-deacons will make the poor infcriour Clergy pay notwltha
(landing they do not ft', ftrange People! what will yon take a man''s money for nothing? So
imppmble it is for any man that ever came in their fingers, to get out of their cluuches. The
Rich man (in the Parable) was tormented in the Flames of Hell ? for what ? for robbing
poor Lazarus ? No, (he was not fo vile) but for not relieving him according to his ability-,
and yet he did relieve him with a niggardly Benevolence— the Scraps and Crumbs that fell from
Wj (fome Crumbs of comfort in that.)
But our richer Dignitories, though they fare delicioufy every day, and have lufty Revenues,
&c. yet that fatisfies not, except alfo they grind the f.ces of the poor Vicars, againft all COn-^
fciegce ancl Equity, as well as againft Reafon and Law.
If it be a fin to drink Wine in Bowls, and not be affeBed wii4o the ajfliBions o/Jofcph -, what is
it to add affUBion to the affUBed and help to load the Back that is already ready to break"?
Hard is his heart that can find in his heart to rob the Spittle. '
In the Primitive-times, (and long after) no Biftiops were eledled but by the People, and
benefic'd Clergy of the Diocefs thenhy the Clergy after that (in Times of Popery) by
the great Clergy-men, the Dean and Chapter, to whom the King fends the Conge de £f ire,
minating(f^'')therein who he vvill have them eled, and'm well enough. But I name it for
this, to wit. That the Primitive Chriftians and Clergy, (by whofe Suffrages) one of theit
tt i Bre*
28
The Islaked Truth.
Brethren were advanced over their heads, it could not be expected in all gratitude and Inge-
nuity,but the new advanced Bifliop Ihould be kl»d and loving to his Brethren of the Clergy,
and do them «// the good and grace and milimprovc his power to do them all the
mifchief or difgrace he can ^ if his Power be of the fame Mah^^ (and like the Apollles) that
was for edification (as aforefaid) and not for defirucHon.
By what has been faid, the Remove is very fliort and eafie, from a Clergy-man to a Lay-
man ^ and a way neither longer nor more difficult, than from a Lay-man to a Clergy-
man •, which certainly is not very far.
It would as much have puzzled our learned ones to know by what name to have cali'd
St. Paul if they had catch't him a Weaving (as aforefaid) Whether a Clergy-man or a Lay-
man, astoanfwer thisQii^re, Creature (as to Ecclefiafticals,) is a Churchwar-
den ? If we find him at Plow, we are apt to think him a Lay-man •, but if we find him (as
he is made by Statute)^ Bifitop orOverfeer of the Poor and ferving Tables, (thcfole Office
of a Deacon in the Primitive-Times) why is he not as much a Clergy-man as any Deacon,
or as thofe 7. Deacons Chofen ? a4£ls 6.
The Papifts have 7. kind of Orders, And all of them, as well as Prielts, are examin'd,
and their abilities approved by the Bilhops, before their Graces pafs, namely. The Door-
keepers, Readers, Conjurers, Taper-bearers, Sub-Deacons, Deacons, Priefts.
The 3 laft of thele, namely, Sub-Deacons, Deacons, Priefts, are oncly accounted Holy
Orders.
Our Churchwarden's office, is much the fame with the Sub-Deacons, (not the Conjurer's',)
Few of them are guilty of that -, if they were, fure they would not take the following Oath
of Churchwardens ufually given to them, in the Spiritual-Court.
Our Churchwarden, indeed, does not read the Epiftle, nor peftform any Publique Sacred
Office, as the Deacons, and fub-Deacons do amongft the Papifts •, But his cheif ufe a-
mongftus is to take care of the Poor, and Church, and to Repair them both j to provide
Bread and Wine for the Holy-Supper And not only be the Common-Informer for that Tear.,
but alfo to prefent all Offences upon Oath *, fo that he is not only an Accufer, but a Witnefi-,
does not only prefent, but in fome fort alfo as being upon his Oath.
Which Oath is ufually given to them inthefe words
YO U jhall JBxecute the Office of Chureh-rvarden in the Parifh where you are chofen
for this enfuing Tear, accordingto His MajeJlies Laws Eccleftaftical, So help you
By what has been already here difcufs'd. It may be evident: How difficult it is, (even
(oT 2. DoSior of both Laws') to which are thofe Laaf>sP.cc\ePv3&.iC2\ that are this day in
force ■, and which are not fo in force, but void and of no effell.
Some of them fwallow the Oath glib (poor Hearts) rather than venture to be Excommu-
nicated; then paying Three Ihillings and fix pence, and (if they make a Prefentment)2M\'
ling more for that ^ 2nd fare-you-well, till the next half-Year, (that is) the next Viiita-
tion.
But if they^'f and will neither pay nor fwear, (as the better half ufually do,) then
they are w by Excommunication ^ and if they do fwear, how are their Souls
hazarded by down-right Perjury ? Their cafe is a Pitiful cafe, that's the truth on'tand
defervesthe wifeft and greateft confideration.
I never durft give that ufual Oath, but this
YOU fhall Execute the Office of Church^warden in the Parifh where you are eho-
• fen, according to your difcretion, and skill in His MajeJlies Laws Ecclefiaflicaly
So help you God.
But I am quite weari'd with piidling thus long in this Channel, or rather this Kennel.
Of Churchwardens.
Query IIL
Whether Churchwardens be Lay-men or Clergy-men ?
Glcvdand-
Like an Impropriators Motley kind.
Whofe Scarlet Coat is with a Cafiock^lin'd^
So mixt they are, one knows not whether's thicker,
A Lair of Burgefs, or Z/^»V of Vicar.
God.
Of
1?7
Tk 'Kahi Truth, ^9
Of SucriUdgCi
Query IV.
[ Whether to keep and enjoy Ahhey-lands^ and Lands belonging formerly to Nuns^ fry art
and fuch Paternities^ be SacrHedge ?
^ A S there is a Myfiery of Godlinef, fo there is a Myfiery of Iniquity. The Mother of
j \ Harlots had Myfiery writ in her forehead: nay the publique devotions and proftitu-
tions to Bacchus and renus wanted not t\itiv Arcana's. We read of the depths of Satan,
and Labyrinth's in the way to Hell, {How eafie foever the defcent be,) The ftiie of fervut
fervorum is the umbrage and prologue to the greatefl: Pride: and fare Divino the umbrage
of the greatefl Cheats and Pick-pockets. And in Profecutions of thefe Myfteries which
Rome preferves as (Arcana Imperii) the Reliques and holy fecrets to maintaih their Grandeur
and Hierarchy, They ufually fence all their Immunities, Priviledges, Goods, Lands, Tene-
ihents, and Emoluments j (as they do all their other Popifh Reliques and Figments, when
they begin to decay) (and which they have got by cheating Tricks, as with a Safe-guard,
fecuring,all) with a Jure Divino. And would make the world believe that when with their
cheats of Purgatory and Indulgences they have pick'c men's Pockets and got a great deal of
money. The Magillrate may not fearch them, hands ofF^ 'Tis now facred, "'tis new divine
and holy j what are you mad, to break through a Jure Divino ? will^ow rob God ?
Thus when a handfome Whore had made ufe of her time and her beauty, (whilfl it laft-
ed) which ('fome thinkj isbut a very little while^) Playing them both away (or more dura'
hie Beauties, (good flore of Gold -j) The Crafty Friers and Monks (like the Box-keepers: or
Panders) were fare to march off with moil of the Gains •, Picking the Ladi's Pocket of fat
leall)half her Winnings, with a Story (told) of Purgatory and Indulgences j Thus Sell-
ing and Buying by a fair Bargain and Sale (and fairly by Deed inrolled. Indented and deli'^
veredinthePrefenceof Witnefles, as hereafter Ihewn,) knlmaginary Heaven oi a Fools
Paradife.
Thus the Girle kill's 3 Pirds with one fione, and in barter for a Little, very little mode-
Ily, gets firll pleafure. 2. Profit and flore of Gold. 3. With one Moity of it, fafter all,)
Heaven it fell ^ {in her fimpleopinion : J whilfl the Subtil Friarsin their Sleeves, to fee
bow foon the Fools and their money are parted, and by this Craft getting their Wealth, and their
ftately Abbies and Monafleries; Thus building a great many * Horn-Churches and Horn-
Chappels.
With thefe kind of Methods did the Fat Abbots and pretty Nuns fubCfl very Plentiful- £j^ was'built
ly and well -, and kept themfelves in very good Plight ■, and for Sinners, very well orit, (at leafl) by a Popifh-
well to live-, fending out their EmifTaries and Finders/oand bring in more Game whore, and
to net namely, old Ufurers, old Whore-Maflers, nay, Incefluous perfons and Murderersi
For Rome flike the Sea and the Gallows) refufes none.
Thus having got the Fat of the Land, and every day making new Purchafes, new Prizes
andNew-Conquells; ffor fear the State that Frighted them often with their Statutes of
Mortmayn, &c. fhould force them to Reflitution of what they thus Purloin'd for themfelveS
and their own greedy Guts,) (though (in Pretence)/or God's fake -, They therefore enttench't
and garrifon'd themfelves and their gettings with this fame Outwork, (for their eternal
guard and fafe-guard) Jure Divino. And where is the man of mortals now fo dartng and
Hardy as to venture to florm this Outwork, and pafs the Trench of Jure Divino, for fear
of fighting with God, and Robbing God? As if all their corrupt Conquefls, (purchas'd by Jug-
ling and Sleight) were Deodands, and God's Inheritance} which to touch with a Lay-finger
(forfooth) is to Rob God, and down-right Sacriledge.
Sacriledge is a Term of Art, which joining forces with the fa\d Jure Divino, hath done
wonders (of this nature) though not one of athoufand does know what Sacriledge is.
Sacriledge is (certainly) the worll of Robberies, for it robs God, by Purloining, detain-'
ing or alienating what he has been pleafed to appropriate to himfelf. And this is the frill
definition or rather defcriptionof Sacriledge.
TheJithes andOjfering''s God had feta part for himfelf, his own Propriety, and for his
own immediate Service, under the Law. To defraud the Priells of thole Tythes and Offe-
rings is called Mai. 3.8. Robbing of God. Mai. 3,
And by like rcafon and exprefs Scripture, the maintenance of Gofpel-Miniilers is ex-
prefly commanded ; namely, Daily hizad, {not Lands andTenements fetled upon them for e-
ver-. If any fuch there be. It is a Free-will Offering and theniunifice and charity of the
Law) For
Our blefled Saviour fays. The workman is worthy of his meat: (that is) Sufienance; but Man lo. is*
Lands, Mannors, and Tenements in Fee-Simple forever, Chrill that was himfelf poor and
Landlefs, alfo his Difciples, and Apollles, having neither Silver nor Gold nor a purfe nor
fcrip to put them in, did never labour for the morrow, nor yet for the meat that perilheth i
but feeking firll the Kingdom of G od, all other things were added unto them.
I And
isi _
^ Q The Naked Truth, ^
• An^ if the wicked World did not maintain them,tk> were to cafi of the dufi of their
And If that would entertain the Word and them. But what
Sh««e, rk«, and go to tnem
froport^on th^ir /""J'of a mans Eftate, is decided by the Gofpel.
o thereforihy the fame Reafon, Miniftert of the
GolJdlS have the fame Proportion and Allowance out of all mens Eftates, and that
Fof ifttlparfoTo?the 12,h part of the Parim he lives in though you al-
fonSwi^himhisfmn^^
"^^ExSthifbl proved, a Parity of maintainance cannot hence be argued by paying the
TeSJTithes f unlefs a Parity of numbers of the Clergy of EtglaW bore the hfe pro-
Srtion to B,iUk that the Tribe of i«, did to//«./: thatis, a mhmn.
Md therefme it is an Idle Dream, and a Bn^-B,ar, to call d„a,mw of r„k,, S^/kdit,
■ ewM k cLbe prov'd that God or Chrift, or the AmIUcs ever took (or commanded to be
tS) th^Tent? to Gofpel-Minifters (as God expreOy comma^ed the Tythes of all //-
f^A That bear no proportion m number to the T ribe of Levt, nor are the
TeSrp^^ nor fcarcethehundrethpartof molt Parinies, and yet lhall lick up the whole
to SSughdSatog'of Tythes from Minifters, is yet detaining of
Tithes frolMimllers.1s ^ Ka as (and no greater fin than) detaining Tithes
from Impropriators, namely, (as other frauds and wrongs.) A ,r„„f^re/Jim of the Laws
"^WWcSe wily Tri,p never cared to trull to, .T they could help it; nor to he beholden
to- (though to aie Law of the Land alone, and Ads of Parbamem, they are beholden
£Vn5^Xs or%ion^^ Tithes that they do en,oy 0 and therefore they fecure their
Tithelwiththis fame frighfrl v,oti,S,wnl,di,' -, and alfo>rf A V.car has not
the great Tithes ; no; nor a poor man has not the great Mannors and Lordlhips that others
havf- but the poor and poor Vicars have all that is their due, and allowed them as their
Eropr'iety s and let them be thankful to God and the Laws for that; tlvough not fo great
as other men's, and perhaps neither do the>; defcrve fo much as other men ; howfoever it is
their Lot,and thcreCore ptoVicar, Sme tm commu, though I wifti thee well and more.
For it is not Sacriledge for a Gentleman to have the great Tithes or Abbey-Lands,
(difpofed of by Ads of Parliament,) if he honcltlpnrchas'd them of the Crown : But
Wllobbery (at leaft in heart) forthee (poor Vicar) thus to covet thy Neighbours Goods,
thy Neighbours great Tithes,that never,never--(no. not in the days of Popery) never were
thine nor thy pfedeceflbrs; but belongM to the faid Abbots and Nun's, from whom (by
iheLlwof the Land) they (as being/Of to the ^ and«f^frwere
! Cod^.s Propriety or Gods Purchafe: (for if this could be prov'd All the Kings and Parlia-
ments in the World cannot take them away and Alienate them.) t,, , c
But fair and foftly, Though the faid Whores, Extortioners,Ufurers, and Murderers, &c.
beinu deluded and Cheated with an Imaginary Purgatory, and Paradife (over the Gates
whereof the Pope writes in Capital Letters, This Houfe tstohe Let, Enquire oi St Peter s Sue-
celfor for the Key ) The filly Purchafers (like thofe of old that bartred their Silver-Spoons,
Bodkins, and Tankards for the Publique-Faith ) were Fob'dof their Moneys, Goods and
•m
Bcfft 12 ^Nav, though the Moneys and Lands, be tendredto God, and by deed of Gift, (fairly en-
^ * gj-os'd Sealed and) dcliver'd in the prefence of WitnelTes and fuper altare too (as Bi/hop
%drms notably obfervcs,) who can prove that God Accepts this Tender, and ftnkes up
the Barnain ? becaufe there ought to go always two \Vords to a bargain, naniely, as both
buyer and feller can agree. And when and where did God fay that he Accepted thefe cheat-
ing Purchafes, thefe fruits of Sin, for Deodates ? r u
Nay I know that God has faid to the contrary, that he will mt accept ot any fuch Gift,
©fferin' Bargainor Sale : in .Dm. 23. 18. Thou (halt mt bring the Hire of a Whore, or the
Price ofa Dogg, into the Houfe of the Lord thy God, for any vow, for even both thefe are an abomina-
tion unto the Lord thy God. t-,-. j
It was Politickly done tho' to fence m the Abbey-Lands with a Jure Dtvmo; and yet even
in the days of Popery, TheKoy/ethe wylv Prieftsmade (^eccho'^dhq the filly Priefts) Sacri-
ledoe Sacriledge, did not Jf right our Kings and Parliaments from making many Statutes of
Mortmuyn, to ftop the Current of this Cheating Deluge of Charity (to the Church) almoll
ready to drown the Common-wealth. And yet (like Pharaoh^s Lean-kine') the grcedy-Prielts
that had Eat up the Fat of the Land, look'd as Hungry and Sharp, as if they had really kept
and obferv'd theirTbipo/(and yet were the richeft Cormorants in the Land : )
which Vow notwithftanding fome think they kept as well as their Kew of Chaflity: (And yet
they were the Archeft Fellows in nature at a Wench.) Infomuch as one of their own Popes,
(and the Learnedeft of them all) tjEneas Syl'viHs,\ifo^lo fay j that Marriage of Priefis had
KuirPd mtiyj but a Sir>gle Life hud Damld many more.
The Naked Truth.
For which Caufes (amongft other) the King and Parliament made thofe Nunneries thofe
Abbey-Lands, a jult forfeiture to the Crown \ And though the faid old Charm Jure
.Divino and Sacriledge, Sacriledge have loft their v/onted vigour, (as l^eing now
difcover'd to be meer Stalking-Horfes under whofe lhaddow crafty Men catch their Prey )
yet itill it is in ui'e amongft us Proteftants on many fuch Accounts: And does ferns ftill a-
mongft the fimple and unwary.
Nay, fome of the Learned (whether aftedtedly and colourably only, or no ^ or that Inte-
refi (the great Sollicitor and belt Advocate, but theworft fudge) bribes theiir Judgmerfts,-I
cannot tell) but fure I am, many of them feem to pin their Faith upon it.
Thus a Learned Bifhop of our own, in his Book of the Colledion of the Canons, quotes „
another Learned Bilhop deceafed. In his Title-Page concerning the form of Confecration of ^
a Church or Chappel, &:c. In thefe very words, namely; u4ndrews Notes upon the
' Liturgy. It is not to be forgotten, though It be forgotten, that whoever gave any Lands or
' Endowments to the Service of God,gave it in a formal Writing, as now-adays betwixt Man
' and Man, Sealed and Witnelled, and the T ender of the Gift was fuper ah are' by the Donor
^ on his Knees.
And why ? And why ? why a Deed in Writing, Sealedzndi Witnejfed^ and Delivered? And
why had not God the keeping of it then ? So he had^ as near as they could come to him, fuper
where they fuppos'd he ftood Metamorphos''dfrom a Wafer, and Tranfubfiantiated, (In-
clofed alfo) in the Fix.
Orelfelguefs the Bargain and Sale had been as effedual to all Intents and Purpofe's,
though the laid formal Writing had been Seal'd and deliverM in the Belfrey, the Body of
the Church, or in the Church-Yard or Moot-Hall.
But why (I wonder) is not all this Ceremony to be forgotten, now that the days of Tran-
fubftantiation are at an End with EngUjh Bilhops ? And why muft this formal Story be filed
up amongft the of thofe odd Reliques and Cinons.'* And together alio with
the form of Confecrating a Church or Chappel •, and of the place of Chriftian Burial ? And
all this exemplified by the R. R. Father in God Lancelot Andrews, late Lord Bijhop of Win"
chefier. '
But above all thofe Admirable Colledions, the greateft wonder is, how any Man durft
Print and revive {as he does J the Proclamation of King Charles I. wherein the Proceedings of
H is Majefties Ecclefiaftical Courts and Minifters are Proclaimed to be according to the Laws
of this Realm.
Indeed when that Proclamation was put out^ They were fo;, The Star-Chamber and High-
Commillion Court being then in being, and i Eliz.. i. not repealed, but in force.
But now the Cafe is alter'd, and thefe Courts and that Law that founded them is taken a-
way, fure the ftrudure then built upon it, muft follow the fame fate, and the Church left but
with juft the fame Jurifdidion Ecclefiaftical they had in the days of Queen Adary, ( a little
before the 1 I.) which by their own Confelfion was taken away from them j as a-
forefaid.
And therefore It is high time furely, That thefe Doubts were clearM and refolv'd, that
both the Billiop's Jurifdidion might not be fo precarious as it is: And alfo that the People
might know (at length) How much of the Canon-Law, and How many Canons, or whether any
Canons be in force at this Day •, and when and for what Ecclefiaftical mattds they are lyable
to be Excommunicated and Coaled : or whether the Wifdom and Piety of the Realm does
not think it moft fit to make the fame ufc of this fame two-edged Sword, as fthe Ancient
Jews did) of GoliaW^ Sword ■, which was carefully preferved in the Temple and laid up be-
hind the Ephod, and never to be made ufe of but by David himfelf, (and not by every Whip-
fter that knows not how to wield it,) no, nor by David neither, but in Cafes of Urgent Ne-
cejfity.
The Apoftle Paul (that had the Gift of Difcerning of Spirits, and therefore never drew
this Sword in a wrong canfe, (*as now adays) but againft the Enemy of Chriftonely) ne-
ver drew it neither but Twice, and that againft Horrible Sinners ■, An Inceftuous Perfon and
Blafphemers.
And therefore though Exconynunication v/as in ufe in the Church whilft the faid Gifts
of Difcerning of Spirits were frequent, and onely againft Notorious Offenders and Ofien-
ces, yet Qusre,Whether every Comminary,and Lay-Vicar-General (though he has a Prieft
by him i'omQtimcs for fafnon-fake) did ever wield this fharp-Weapon ^ or draw it upon eve-
ry Occafion, as when the Regifter's Fees and Sumner's Fees are not paid, efpecially in thefe
Days, when Men may juftly icruple, whether they ought to obey their Procefles as not being
in the King's.Name, and under the King's Seal, as the Law enjoyns.
'Tis fad thus to fend Men to Satan, becaufe they do not pay the Knave a Groat -, efpeci-
ally, when the Sumner does not Cite Men according to Law, and to make Appearance bo-
fore a Court too that docs not pretend to Sit by His Majefties Commillion ; nor by Vertue
of their Original Conftitution and ordinary Jurifdiftion from the Pope. This to Aifert,
would make them incurr a Praemunire what can they fay for themfelves ?
The Apoftle did many things that we cannot do-; our Blefled Saviour did many
things which would be fin in us to Attempt to do; He walk't upon the Waters, he Fafted
I z 40
The tiaked Truth,
40 Days and 40 Nights, he commanded his Servants to take away a Man's Afs and Colt tyed;
we may not Attempit thefe things •, they are above our Skill. And fo (I fear ) it is beyond
our Skill and Abilities to wield and draw, (heath and unlbeath that Geli^h'*s Sword of Excom-
munication j Efpecially, when Men olFend onely our Imerefis^ and not the Law of the Land ;
and yet it is often brandilhed againll; this (in of Sucriledge^ Sacriledge •, and by thofe,- many
times, that do mty or will not know what Sacrilcdge is.
Nay, I have heard fome Men fpeak great Words againft the King and Parliament in
Hen. 8. time, and againft all Parliaments ever fince, that Alienated or confent to Alienate
theie Abbey-Lands and Nunneries, as if they would fmite them with this Thunder-bolt of
Excommunication, (as guilty of Sacriledge) if they durft.
It was as fafe for Naboth and his Vineyard to lye ccMveniently and next Hedge to
as fometimes to have had Lands bordering upon St. Peter^s Patrimony : why fo 1 what can't
St. Peter or his Pretended Succeflbrs do ?
Oh Ithis Religion, this Engine of pretended Religion, this Dart of Excommunication,
when 'tis out of the Magiftrates keeping, (hall wound and mawl them wonderfully: Ask the
Excommunicated Venetians, ^when Dunddus their Ambafiador came with a Rope about his
Neck to beg their Peace) ask the poor Dnke of Ferrara^ if this be true.
Let the King Command a Becket, or a Woolfey to his Allegiance, They will be his Humble
Servants with aS^j/w honore Dei j And fay others, in omnibus nifi rebus Chrifii fb that thefe
kind of Religious Bigots always keep in Refervc a Starting-Hole, aLoop-Hole, a Sally-
Port always ready and open (-when their Forces and occafion calls) to Attempt againft the
King's Supremacy, efpecially when their Humours are cros't, or their Pride Affronted, or
their Revenge unappeas'd, or their Covetoufnefsunglutted j And 'tis a hard matter to
Glut it.
The Popiih Religious Houfes had once a third part of the Land, and were they Glutted ?
Bilhops and Arch-Deacons have enough to live on without (hating with and pareing every
Benefice in the Diocefs ^ yet though they know not how they came honeftly and lawfully by
their Procurations, Synodals and Vifitations i though it be againft Law, Confcience and
Compalfion, for the Rich thus to pinch the Poor ^ yet take it from them. And 'tis a hundred
to one, if they do not plead Jure Divino for the Tenure, and cry out Sacriledge, Sacriledge.
Of the Church (^England.
Quajre, What it is ?
THere's nothing more ordinary than for People to fay, (in thefe days of Part-taking and
diftinguifhing who Men are for ? ) I am for the Church of England :
Whereas there is not one of a Thoufand underftands what he means, or who he means,in
faying fo.
In the Days of Popifh Prelacy, Men were Taught to believe as the Church believes •,
(meaning) as the Clergy believes : So that, for Salvation, they needed no further Know-
ledge or Indght than a blind Implicite Faith in the Church, (that is) in the Clergy.
TofeewithClergy-mens Eyes, to believe as they pleas'd to preferibe, to be lad thus by
the Nofe to Heaven, was the Divinity of Old j And fo a Man did but follow his Nofe in the
dark, no matter for Eyes : The Arch-Deacons, (thofe oc«/f£pzyc:opor«w) together with the
Bilhops, they could fee and "E'^o-KOTTilv and Overfee for us all ^ 'till at lait, the Church had no
other Members but Head and Eyes: a monftrous Church, fiire.
And though the Holy Apoftles and Elders had as good Eyes, one would think, as thefe
Ptetenders and pretended Succeflbrs, yet they never had the Forehead (that thofe Men put
on) who confine and Monopolize the Church of Chrift to themfelves alone, and make Ca-
nons and Laws by themfelves alone, as if they alone were the Church.
Thus when Magna Charta fays. That Holy Church (houlS be free ^ They always meant,
and it is fo conftrued at this Day. Let the Clergy be free (from Taxes, Impofiti-
ons, &c. ) So that by the Church of England.^ is meant the Clergy of England : A little
Church then ffurely) info great a Realm, and a great pity that fo many Lay-Brethren
Ihoulddye out of the Pale of the Church.
And yet the Dignitaries of the Church, (not content to l)e onely amongft the Croud of
other Clergy-men the Church) ftreighten the Bounds, and take in the Pale to more fcanty
Limits, making themfelves when in Synod efpecially and Convocation, (at leaft) the Re-
prefentative-Church •, and of power to fee for all the reft,and to bind them to what Decrees
and Laws they lift. Thus the Articles of Religion, Regn. Eliz.. Anno Domini 1562. Articuli
dequibusconvenit^&c. Articles agreed upon in the Synod of London By and Between the
Arch-Bi(hopsand Bifhopsof Both Provinces, and all the Clergy. What little (hare the Infe-
riour Clergy have in making fuch Articles, I have diown already i and al(b that i Eliz.. \.
is repealed j on which thofe Articles feem to be founded.
Which yet I fay not, to weaken the force and vertuc of them : they are fo good, fo mo-
derate, fo charitable, fo Chriftian-like in themfelves, that they need no voucher, no Sta-
tutes to vouch them, they are fo honeftly come by.
For,
"The Naked Truth,
31
For, Pride and Paflion, Prejudice and Peevillinefs, Malice and Revenge (the wonted In-
mates^were excluded the Convocation-Houfe, whenthofe 39. Articles of the Church of
England were compofed, and nothing but the Naked-Truth permitted entrance. 'Tis
ftrange, you'l fay, and in a Synod too, composM of Clergy-men j and of the few too, (But
I care not for thatj once it happened to be fo, it feems.
But ftill I fay, (under favour) The Floly Apoibles nevdr took fo mu(fh upon them to
make Canons and Conftitutions, but by ajfent and confent^ (2.s well as joint Promulgation in
the names^ of all the Lay-Brethren •, or when the multitudes of Difciples. were encreafed,
at lead, they might, I hope, have a vote inchuling who lliould reprefent them in this re-
prefentative Church.
Which if true, (and It is before fufficiently prov'd) then furely, as the Church of Co-
rinth^ Efheftts^ Galatia, &C. were the Chrifiians of Corinth, Eyhefns,Galatia, &C. .Clergy and
Lay together, (though thofe diftinftions were not then known-, J fo really and truly, Jlfee
Church of England are all the Chrifiian^s of England -, over them, under Chrift, the King is
the Vifible Head and Supreme Governour in the Executive power, and the King and Par-
liament in the Legiflative or Canon-making Power.
With what tollerable m.odefty then can the Clergy alone, (much lefs a few of them)
arrogate to themfelves the Title, Priviledges and Immunities of the Church of England!
Tell not me that it was fo when the Pope ufurp't the Supremacy, what is that to us now ?
I know that when Adagna Charta was made ^ by Holy Church being Free, (was meant) Let
the Clergy be free, ixom Taxes, but how little did the Prelates value that Law? tor
though the Clergy (by that Statute') was free from Impofitions and Burdens, yet the Prelates
did not fo much regard it feems, but that they notwithftanding would venture to Pill and
Poll the Inferiour Clergy,by Procurations, SynodaPs,V ifitations,and many more vexations j
as if the Clergy was free (for no body) to fleece but for themfelves alone, and that too, ar-
bitrarily.
Better it is for them, much better, to be thrown up in Common (as of yore) amonglfc
the Laity again, and take Neighbour's-fare, by Adts of Parliament; than by being an In-
clofure and exempt, be made the peculiar of arbitrary-Impofitions, (though by the men of
their own Cloth; j none were fo unkind to Jofefh as his own Brethren, he had fairer Quar-
ters from the Gypfees.
As the Clergy (all of them) have aa much His Majefties ProteUion as other folk, and the
benefit of the Laws, nay, and the benefit of the Clergy too (if they need it) as much as a-
ny Lay-men; good reafon therefore they fhould contribute equally with others to Taxes, and
Arms, and to the Poor, &c. But 'tis fad when this will not fufhce y but for enjoying the
name (and nothing but the name) of the Church. They fhall not only pay Firft-Fruits, and
Tenths to His Majefly, as bound by Law ; but to pay without end, and without Law, all
the Arbitrary Impofitions that Rich and great Men of their own Cloth fhall lay upon them
(for Letters of orders, Inilitution, Indudion, Licences to Preach, Procurations, Syoodals,
Vifitations; and then again for fhewing thefe Letters of Orders, Infliitutions, t^c.) 'tis
that makes you fo poor and beggarly (generally) and confequently contemptible, world
without end,
I cannot but with fome complacency read the Statute of 16. Rich.i.^. where the King and
Parliament (when Popery was in its Zenith) did not forget, that they and the Clergy, the
Inferiour Clergy too, were Englip-men; namely. That,
* }VhertAs thtCemmonsof the Re dm in this frefent P arViAment have fhorved to ottr
* redoubted, Lord the King,grievoufly compUining, That whereas our faid Lord the King
' and all his Liege People ought of right, (mark that) and of Old time wont (mark that
* too) to fue in the Kinds Court, to recover their Prefentments to Churches, Prebends and
other Benefices of Holy Church, to the which they had right to Prefent; The cognizance
'■ of Plea of which Prefentment belongeth only (mark that too) to the Kings Court of the
' old Right of his Crown, ufed and approved in the time of all his Progenitors Kings of
* England;
^ Hnd when judgments floall be given in the fame Court upon fuch a Plea and Pre-
^fentment, (mark that too) The Hrch-Bijhops and Bijhops, and other Spiritual Perfons
* which have Jnfiitution of fuch Benefices, within their T'^rifdiclion, be bound (mark that
* too) and have made Execution of fuch judgments, without Interruption, (mark the
' Reafon) for another Lay-Perfon cannot make fuch Execution ; Hnd alfo be bound ofright
' (mark that too) to make Execution of many other the Kinds Commandments, &c. (too
^\on^h.QVQto 'v!Kkit)but concluding,!hat againfi the offenders Procefs by Praemunire
* facias) fhould be made, and not only againfi the offenders, but againfi their Procurators,
* Executors, Maintainors, (mark that too) as in- the Statute (7/"Provifors, 2y Edw, ^. i.
^ and againfi Hll other which do fue in any other Court (mark that too) irt derogation of
* the Regality of our Lord the King.
K Whence
The ISLaked Truth.
Whence it appears. That even in thofe Popifh times, Patrons, Cwere Lord
of theManmrs, and gave the Tythes and Glebe) fliould/'re/fwr (right and good reafon) and give
their own \ (may they not do v^hat they will with their own ?) to what Clerk they pleafe,
giving him thereby Jm ad rem^ and then the Bilhop and Archdeacons by Inftitution and In-
dudtionaslnftnimentsin Law,becaufe z Lay-fcrfon (as the Sheriffs, J cannot ("as the
Law then was, and now is) make fach Execution^ and give the Clerks prefented Jus in Re., or
pofleffion.
And if a Bifliop or Arch-deacon (for they are but men) do refiife the fame wantonly or
through prejudice, or defign, for a Kingfman or a Friend of his own when modeffly requeft-
ed by the Clerk prefented, and will not admit him habilem then the Law has provided a
Writ called Qmre Impedit., to force him to ffew a Lawful caufe in the Kings-Courts, and by
them approved, or otherwife to force the Biiliop to make Execution according to the Pa-
trons Prefentment.
• Thus we fee in Times of greateft Popery, our Anceftors did affert their own Proprieties
againft Arbitrary Proceedings of Men that call'd themfelves— the Church— the Church.
He give but one Inltance more, to fliow what little pretence the Clergy alone have to entitle
themfelves alone the Church Reprefentative of England.^ (diftind from the Lay-Brethren)
and that is in making a Canon to Cringe to the Eafi., and Bow at the Name of Jefus.
How now ? will fome fay. Of all inftances you might haveforborn this-, For can ady
good Chriflian do too much Reverence to the Name of Jefus ? We now know what yea
would be at ^ for does not the Apoille fay, that at the name of Jefus every knee fhall how, &c.
this might have been let alone.
But, I will not let it go fo j yet muff acknowledge readily and chearfully. That there is no
other Name under Heaven by which we can be faved, nor any other name (except that of God
and Jehovahl) that deferves morefignal Reverence.
And yet, notwithftanding, Bernardus non videt omnia, nor the Church, the Church (I
mean the Clergy) in her Placet"*s, always rational, much lefs, infallible.
The words inI. are That at the Name of Jefus every knee (not every head)
jhould bow, of things in Heaven,(JhQxc^Qxt not litterally to be underflood,for there is no knee's
there to bow,) and things in Earth, and things under the Earth •, (there is no knees there nei-
ther, except thofe in Graves, and they are too fencelefs, at lealt too ftiff to bow.) And that
every tongue jhould confefs that Jefus Chrijb is Lord', Therefore fuch as take the words litte-d
rally, ought at the fame time that they bow the head or knee, to ufe alfo their Tongues, and-,
confefs at the fame time, that Jefus Chrijb is Lord.
But(Ifay)Tn obedience to this Holy Scripture, (or rather, fome Clergy-men's Com-
ment thereon) Men, at this day, at the Name of Jefus, hom their heads,.not their knees j
yet the Text fpeaks not one word of that; nay, in all difcourfe, as well as in the Church,
men that underftand it in the litteral fence, ought to bow the knee, (and not dop the head)
and alfo at the fame time they ought with their Tongues confefs—T'hat Jefus Chrifi is
Lord.
Thus when we hear a Common-Swearer loo times in an hour fwear by Jefus ^
as is ufual and often ; we ought (by this Interpretation) to make a Legg every time,and with
our Tongues to him and cry out Jefus Chrijl is Lord.
But fuch was the wifedom, for want of comparing the Words with the Context •,.For by
the Name oi Jefus (there) is underflood the Power and Soveraignty of Jefus, to which God
hath highly Exalted him (not thofe 4. or 5. Letters, but a Power) above every Name Cfhat is,
above every Creature, or above all created Powers) whether in Heaven or in Earth, or under
the Earth, that they might bow the knee to him, (fhat is,) adore him.
So Prov. 18. 10. 7he Name of the Lord is a firong Tower •, not the l.etters Jehovah, or Jah)
is a ftrong Tower, or the found and noife of thofe words, but The Power of the Lord is
a Jirong Tower, the righteous run unto it, and are fafe ■, not into the Letters or found of the
Name.
Yet, notwithffanding, if any man will fhow Reverence at the Name of Jefus, I am not
offended, fo he fhew as much Reverence at the Name of God, and at the Name of the Ho-
ly Ghofl.
It is a hard and harfli faying of fome, and borders upon Blafphemy, to make diftinSiions,
in the Holy Trinity; as if we were wore beholden to the Second Perfon of theHolyTri-
nity, than to the Firft, or Third Perfon; This Grates to make a difference inRev®-
renting The Trinity in Unity, and Unity in Trinity.
But in this Inftance, I only ffow, that the Clergy, the Clergy, (much lefs a few of
the Clergy becaufe Higher and Taler,) have iliown no Charter hitherto, nor reafon to have
fuch-a Charter granted to them to be (without the Laity) The Church, The Churth of Eng-
land.
The whole Oecumenical Council of ATifce had erred fhamefully but for one fingle ey'd
man, Paphnmim, And it is pretty reading in the Council of Tm/r, to fee how a^t a lofs
the Fathers v/ere for a Refolution,'till Poft-Night •, till the Packet return'd from Rome
("one faid with their Holy Ghoftina Cloak-baggj ;So thatthe next day after the Poll came
in, People repair'd to the Counfel-Houfe for News, and to know how fquarcs would go; as
• • - • • •' • 1 i.. . ■_
The Naked Truth.
. -I — — •
' men do now to a Country Coffee-houfe on a Pofl-nightto know how things go above.
But is it not ftrange Impudence, Atheifm, and Eftrontery thus to take Gods holy Name
and Spirit in vain, by making the Holy Gholt father all ourEfcapes and By-blows, adiil-
terately begotten by Self-Intereft, Pridej Pafiion,Revenge, crafty Fetches, covetous deligris,
-(whether thcFremh or thcS-panijh Inicrell carry it,ftillTheltile is Itftemedgoodtothe
■ Holy Ghofi and to us ) God forgive them.
And this is the Church—— The Church, (that isj thd Clergy, the Clergy ^ or rather
the Few, the Few the lealt in number f I will not fay, I cannot fay) the worlh of the nuin-
- ber, nor the Idleft of the number.
But add to them Lay-Chancellors, or Vicar-Generals, Sumners, Regilters, &:c. To make
• up this Church, the Church of England— And you make them worfe andvoorfe.
Hook upon the Church of England as the greatefh Bull-Work againft Popery; what?
This latter fort of men? are they Inch a Bull-work ? no, the Proteltants of England^ The
Ptoteftant Laws of embodied with the Fundamental-Laws of the Realm j Ruinc
- one^and you ruine the other; for they mull: live and die together.
Thus have I evidenced, that the Laity (in the Apoftles times) were the Church, and as
■much Canon-makers and Rule-makers, and had the conduct of the infallible Spirit and gifts
of the Holy Ghoft, as well as the Apoftles; and therefore certainly the Chriftian Peopfe
(as well as the Clergy) of England, are the Church of England.
Nay, In Hen. 3. time, when the Popidi Prelates were molt Rampant, and OcWw? the
VoysePi Nuncio had almoft Beggar'd that King, keeping him poor, and doing what he lift
■with him y yet when they were to be excommunicated that Infringed The
Qergy, (nor the 5j-/W) did not make it, but the King, and Parliament in thefe words.
Noverint univerjiQiiodDominus H. Rex Anglia illuflris, R. Comes No-rff. & Marefcallus An-f Aniio.37. H»3i
glia, H. comes Hereford, & Effex, I. comes de (Vare'vpico, Petrus de Sahbaudia, Caterique Magna-
ies Angli£,confenferunt in fentiam Excommunicationis generaliter latamafud IVefim. Tertio de-
eimodie Maii Anno Regni Regis PradiPte, in hac forma, fcilicet Qj^d vinculo Prafata fentemie
ligenter omnes venientes contra libertates contentas in chartis commmium libertatum Ahglia, d" ae
Forefia, &c. Dominus Rex & yradtlH Magnates omnes, & Communitas Pofuli yrotefiantur fub-
lice,&:c. hj Communitas Pefuli, tncre I andsrti^nd the Houfe of Commons, though it hzd not
the form in thofe days which now it puts ofi atfd decently wears.
By which it appears, that the King and his Lay-people would not truft the Clergy in thole
Says with making Sentences of excommunication y nor with declaring caufes of Excommii-
nication; much lefs without the Privity of King and Parliament, as fomehave 'prefumed.
But matchlefs is the Malice of thofe men that are angry-with all Lay-men that-dare be fo bold
as to fee their own way with their own (and not with Clergy) eyes, and Profpedives.
The QoncUifion.
THus have I flated thefe Retries, fo needful to be difcufsM, And prOv'd, That all eT
clejiafiical Jurtfddhon (like zWothei Jurifdiftions) muft bedefiv'd from the-STw or
the Pope-, To allert the latter. Incurs a ortopretend any old ordinary Jurrfdi-
6tfon Originally granted them from the Pope in their firft creation : and his Ma/efty has ob-
lig'd himfelf never to Empower them by Commiffion any more.
By the Statutes of Hen. 8. all thofe ordinary Jurifdidions Ecclefiaftical were cut off, and
they (left) without any in Queen Maries time, as the Synod did confofs (as aforefaid;) Buf
in King P^iroWs time their Ecclefiaftical Proceedings were revived, but vidth condition,
that all Citations, Procelles, &c, fhould be in the Name of the King the Head of the
Church, (as in Original and Judicial Writs at the Common Law,) He being alfo Head of
the State. And in due acknowdedgment alfo ofthis Supremacy, The Seals of their Spiritual-
Courts Ihould have engraven in them. The Kings Arms.
Great, very great Reafon there is (and there was) for fuch a Statute as that, 1 Edw. 6.
But oh.' this Hierarchy! this Power! howfweet? could the Bilhops ever be brought to
this? rie warrant fome of them would keep no Courts at all firft: but who cares?
For, cui bono ? cui fini ? ihould be the queftion every man puts in all his aftairs; fo here ^
cui bono.? cui fini ? what are the Spiritual Courts good for at this day as they are managed ?
IproteftyV cannot tell, and .yet no man in has more reafon to kpp^-tkeir virtue
than-1, nor fcarce any has had more experience of thcrft, ±[d ift thfciW, aftd ftiff (a§ I fa?d he-
fpr0).lhavean Ecdefiaftrcal Jurifdidfonof mine'dwUi ^
tate^ce'^t^lmle npdey(\hid\x]:d'i^)z great deal of money, (tingodly money wickedly got)
by the Extortions of Regifiers, (fie prove what I fay) and fliamefullv ggaiiiit taw y a!nd
money, money, from the poor Clergy, the Inferiour Clergy, and filiy Churchwardens, a-
gainft the Common-Law, Statute-Law, Canon-Law, Civil-Law, Equity, Confcience, Rea-
Ion and Humane Compailiorf, aH condemning this unnatural and Unkind Rapaieity, Except^
thefeoe good thing?, fkaow not what they are good for ;not by what Authority they dare fend Out
K i Citati-
144
3'
The leaked Truth.
Citations without the King's Name, Title, and Seal, againft the King's Liege-People: ©r
how a Writ de Exammimkato Capiendo can legally be awarded, (the ground w hereof being a
Bignificavii under Seal, a legal Seal) uiilefs the Kings Arms be engraven in the Seal of the
Signif cavity and the Procefs, on which it is founded, alfo run in the King's Name,
Tell not me, (for I know it) That the opinion of the Judges was ask'c about this, as in the
faid Proclamation j But when was it ? It was when the High-Commilhon-Courts were in be-
ing i no man duril fpeak any thing in thefe days againft their Flacet\ It would be his ruine
if hedid: But now lince that Branch of isrepealedj I for my part, know not by
what Authority we do thefe things: And I write this, as much for my own fatisfadion and
more, than for any man's elfe.
And that too in a difcourfe here(fuch as itisj neither Polite nor neatly dres't; I have
neither Will nor Leifure to write it over again, and fleek it, and polilh it, and make it Fine;
'tis now moft natural, moft like my felf, (plain and blunt J not curious, noraffeded, (like
my Garb) not Rich, and yet, 1 hope, not Slovenly. For 1 (am one of thofe that) love my
Pleafure and Humour lb much, as not to take over-much pains to pleafe or difpleafe any man
alive.
However, what Prudent Man would to purchafe (in Exchange j the RepH^
tationof aWriter (not ontiztthing) in this Scribling-Age.
For New Books are like New-Plays, wherewith the Poets and A dors can fcarce pleafe
One in Ten; And though the Fops get there ^// the little Wit they have, yet they will rail
and difparage them, but cannot (notwithftandingj forbear feeing them for their hearts.
I write (as 1 fpeak) right on, and the Naked Truth, and Home Truths, purpofely neg-
leding the wily circumfpedibn of Flatterers and Diflemblers, Fellows of no Soul.
And as I have writ this ojf-hand^ and what came next to hand, and occur'd (at prefent)
without pumping; yet has not one word here ilipt my Pen, without its due weight and conll-
ration; nothing is here prefented Crude and Immature, but well-digefted, as (a few of thofe)
things that my Head and Heart have long been full of; though a late Occafion now gives
them Birth; no Abortion^ I hope.
For I am well aifur'd that I have not only given Birth here to my own Conceptions, but to
the Conceptions alfo of almoft the whole Nation, whofe Judgments are not blinded and
brib'dby Intereft ; (And thefe laft lhall Be mine Enemies and they only :) But 1 hope al-
ffal ^2.3. they lhall be like a bowing Wall and a tottering Fence, whilft I fay and Pray the whole
' ' Pfalm,62.
I have no picque againft any man in Particular, no private Intereft, nor Revenge togra- •
^ tifie, but wilh for my own private-lntereft, as well as for the publique-Weal, That Ecclefi-
aftical Jurifdidion wereof force, ftrength and vertue, and not thus uncertain, diforderly
and precarious.
I
I have (1 confefs) in this Search and Inquiry Anatomiz'd and rip'*t up to the Bottom fome
parts, yet 1 have alfo at the fame timccaft z over thetrNak.ednefs^zn.'A.hidi their
fliame ; (what I could, I mean.)
And in thefe Gentle DijfeBions, if fome think that I have gone too deep, Let them confider
that Old Vleers and Fiftula's are incurable, except we fearch to the Bottom; but in doing thi s
alfo, 1 hope, I have retain'd the Property of a good Chirurgeon; namely, a Ladies Hand,
ds well as a Lyons Heart: And is there any but Babies and Boobies that will be frighted out of
their Wits with a Scare-Crow or Magotte'Pye ?
F IK IS.
1
Hereby allow and BMthorizt FrancisSmithBook^dltri
to Print my Book, Entituled, TheNal^d Truth
5econdPart. ■'
Coichejtar,novem\ " - ^ EdmundHicerinziU.
ber2^. 1680 ^ -
T HI R D P A R T
Naked Truth J
O R,
Some (erious Confiderations, that are of High Concern to
the Ruling Clergy of England, Scotland, or any other
Protellant Nation.
AND ALSO
A Difcovery of the Excellency of the Proteftant Religion as it
ftands in Oppofition to Papiftical Delbifions.
Being a Reprefentation of what is the true G L O R
of Proteftants, and
WHAT ARE
The Bale, Contemptible and Ridiculous Principles, on
which thofe that are called Roman Catholicks do build,
as upon the Sand
Being very neceflary for all Proteftant Families in this prefent
Jundure of time.
2 ThefT. 2. 8, p, 10, n.
that wicked jhall he revealed whom the Lord jhall confume with the Spirit of
his Mouth J and (hall defray with the Briqhtnef of his Coming 5 even him whofe
Coming is after the working of Satan^ with all Powery and Signs and lying lVon~
dersy and with all deceivahlenef of Unrighteoufnef in them that perijh 5 hecaufe
they received not the LOyE of Truth that they might be Javed , and
For this Caufe God Jhall fend them Jlrojig.
Delujions that they Jhould belieye a LTE.
LONDON,
Printed for liichard Janen>ay in Qiieens-Head Alley in
Pater-Nofier-Rorp, MDCLXXXI.
THE
PREFACE,
B Y A
T Hough Fctlfhood and Errors haye need of a Veil or a Vt:^rd to hide the
naked Face of it^ hecaufe Faljhood iphen it appears in its own (flours it
is a yery unpleafanf and unloyely Obje^ : Jet on the contrary Truth ap"
pears moft loyely, and moH def ruble when the naked Face of it is ffiojl perjpicuouSj
when it appears without Veils or Vi:^rds.
In this enfuing Vifcourfe^ Truth is fo nakedly dfcoyered^ (viz. thofe parts of
Truth here treated of)cts the Ingenious (Readers ipill certainly be as much ena*
moured y;ith the beauty of ity as once they were lyith that "Worthy Difcourfe that
frji appeared in this Elation^ hearing that name of Haked Truth^ which no"W is.
f iled The frjl Fart^ (another Difcourfe bearing th'e Title of the Second Fart of
Flaked Truth haVing been alfo fome time fnce publijhed) for as in that frfi part of
Flaked Truth^ great Loyelinef did appear to all ingenious and un4nterej]ed Fer"
Jons; fo ajfuredly this third part of Flaked Truth, will ingage the Flcarts of md^
jiy thoufands to it, that may haye a yiew of it.
And though fome Ferfons ("Whofe Errors, and EVils, that firH part of Faked
Truth did dijcoyer) {at left by reflellion) were Jo impudent as to fcribble againjl it r
yet "what did they do in it, but lay open their o"Wn Shame and Folly to all men f So
that if they had been puhlickly hio"Wn, they "Would haye eocpofed their Ferfons
as much to contempt and hijfmg, as their dirty Fapers "Were to Abhorrency,
In this third part of Faked Truth, is a difcoyery of fome of thofe parts of
' Truth, as were not treated of in the firjl Fart, nor yet in that lyhich k Tiled the
Jecond part of Faked Truth, but in this Difcourfe three things are perfornred.
FirJl, The Flaked Truth is Jo laid open "With reference unto fome things, "Which'
concern the Filing Qergy of any Froteflant Fation ^ as will ingage the moT 2?i=»
genious among the faid Clergy. to return folennt thanksgiVings to God for thil
third part of Fiked Truth:
Secondly, the Faked Truth k made fo confpicHous, y/ith re ference tothat whicV
U
/
is the true ^hry of TroteHants in o^pojition to Toperyj as hath never yet been done
by any Ten.
Thirdly J the Naked Truth is fo.^ and in fuch a manner dil^layed^ as the Filthi'
n'ej^ and the Odioufnel^ of the Scarlet'l^^mre is made fo Tatetit, arid Tarey as may
tend to the opening of the Eyes of the ifings of the Earthy and of eVery ordinary
and intelligent TerfoUj as may v>ork in them a loathings and a detejlation oj her
as Rev. 17. 16. is /aid Jhall be wrought,
And it.7nay be hoped, that this'Very Vifcourfe may proVe to be fuch a JTihror
or Looking'(ylal^, to as many of that Scarlet Generation (that are related to the
Scarlet'Whore, whofe great thirjlineffor Tlood is fo not orioufly made manifejl, both
fortnerly and lately) as will hut pVe themjehes leaVe ferioufly to look upon their own
odious TiBures, 1fay this SMirror may fo difcover to the?n, fo much of their oitm
Shaine, as they never faw before, as pojjihly may Voork in them a loathing of them*
feh ^es, and a true %epentance of their evil Ways, vt>hich have not been good, accord*
ing to Ezek. 36. and may ingage them to joyn with Trotejtants to hate
the Whore and to make her deflate and naked, and to burn her Vaith fire.
For we have great ground to hope that the difcoVerles of naked Truth more and
niore, VpUI tend to the inlightenmg of all Nations profejfmg Chrif ianity, both/Pro*
teftant and TapiHical, (for fome Troteflants haVe in fome things erred alfo,) mid
to the ConVerfon of both jrom the Errors, of their Voays, and to the bringing of nil
diffenting Parties to that fmcere LoVe one to another, and that true Peace one Tt^ith
another,that becomes the Gojpel. Even to that perfeB Unity oj the Faith, and of the '
knowledge of the Son of God, to which he hath determined to bring his Church in
due time, (which time may be near even at the door.) To which all true ChriBians,
(whatever their prefent Errors andWeahneJfes inay be,) will in Sincerity fay. A"
men and Amen. -- ^ «
t
The
I
[']
The Glory of
PROTESTANTS^
And the Shame of
A P I S T S.
' Aving for (bme time laboured and travelled with
defire of Soul, to bring forth thole things that
have been given to me, which may tend to Peace
and Unity, I lhall in this fliort Difcourle only
touch at fome few things in order thereunto. And
the firll thing that I lhall humbly prelent to the Conlideration
of the Protellant Churches,- both at home and abroad is. That
as the bulinefs of the Chrillian Religion is now a thing not ca-
pable to be feparated ^ from an Affair of State: fo conlidered as
inch, it is far more difficult for a Protellant Prince upon lome ac-
counts to govern it, than for a Popilh Prince, and that for the
following Realbn : which difficulty when the Reafon is confi-
dered, may eafily be remedied,according to that Maxim, Take
away the Caule and the Effe(5fc ceafeth.
The Reafon or Caufe of this difficulty, I fhall here therefore
endeavour to lay open, and to manifeft with all plainnefs and
elearneis. I lay therefore that the realbn of this Difficulty is be-
caule the Prince having the Character or Repute only of a Se-
cular Authority, hath not that immediate Influence upon Re-
ligion it felf, or upon Religious People, which the Clergy hath ;
for as it is not to be expelled that a Prince fhould have that know-
ledge, lb neither is it polfible that he fhould be any way lb Con-
verfant in, or lb attendant upon the Affairs, Controverlies, and
Difputes which do relate to Religion, as the Clergy may.
And by reafon of this. Though a Prince may in other things'
have never fb great an ability of Judgment,"
B And-
And though he be never fo Abfolute or Supreine 5 Yet he is
denied the Right of this Judgment, as to-ty. Matters of
in regard that this is appropriated folely to the Clergy.
And the Clergy taking upon them the Idle right of Judgment,
in all Religious and all Ecclefiaftical Affairs, do by this means
, preftime, That their judgment alone is to he received hy the Trince^ ivhew
foeyer they fee it reafonahle to dejire his Authority^ to Confirm and Affent
to fuch rhinos in ^ligion, as they would haye confirmed and affented uii"
to ;
Mnd y^hetfoeyer they on the contrary , p?all defire his ?iullmg and
repreffmg Juch things^ as they properly dijlikey and would haye nulled and
reprejfed hy him.
And leeing all fuch Reprelentations, when at any time made
by the Clergy, are not only the eafier, but the Idoner gained by
them,' becaufe of the entire truft that in the whole affair of T^e-
ligion, is generally committed to them, as to Perlbns not only
of ffippoled fufficiency, but of fuppoled Confcience and Inte-
grity. And becaule there can be no third party therefore, that
hath a power to examine the things propounded by them, or to
(ift into the grounds or reafons of them.
They are the more ealic 'to be gained alfb, becaule of the
Power and Influence which all pretences about Religion, do
commonly and rationally carry with them, with reference to the
publick Peace, and to the eftablifhment of Piety, and to the
procuring both of Profperity, and of blelfing upon a Nation it
felf. Which things being generally apprehended and believed
by all, to be the real Confequences of Religion;
Nothing therefore can render a Prince more plaulible, or to
ipeak more properly,
Nothing renders a Prince more naturally grateful, to the
hearts, or more inwardly awful and reverend to the mind and
affedions of his people, than the Suppolition of his being Reli«
gioLis or pious doth.
And therefore all Propolitions about Religion , having this
advantage above all others of any kind whatlbever ; no marvel if
they gain a more eafie reception with any Government, than any
other Propolition can.
Efpecially if offered by fuch, who claim the main care and
charge of all things which concern Religion, and concern the
welfare of it, as well as they challenge the chiefeft knowledge
and judgment about it. For
[3]
For thefe realbns ttievefGre, and for the purchafing, and the '
conlerving fuch a name among his people, as may become a
Prince that would juftly be accounted Pious, and for the avoid-
ing the Blemifli and Imputation of the contrary, a Prince is oft-
times induced through the inftanc requefl: and importunity of the
Clergy, both to dilpence with, and yield to liich things, which
otherwile if duly examined, would neither be judged iutable,
nor perhaps confiftent with his Dignity, either to do or to grant.
So that though it be a thing for thole reafons very plain'. That
a Prince cannot in the alfairs of Religion , eafily decline the
Judgment and Reprelentation of the Clergy : yet nothing is
more certain than this.
That their Judgments and their Counfels prove Ibmetimes,
not only impofing but very dangerous both To his Government,
To his Safety, To his Honour, and to his Intereft.
And the more, becaule as the rile of their Advice doth often
proceed, (if not for the moll part} from thole Conliderations
and no other, wherein their own intereft as a Clergy is parti-
cularly, and lometimes privately concerned : lo the end of
their advice terminates many times, in nothing elle beyond this.
That due Care and juft Conlideration, which is but fit to be
had to their Princes Intereft, being either not fo faithfully, or
uprightly, or at leaft not fo circumipedly minded by them as it
ought.
For the Proof of which,we may appeal even to matter of Fadt,
there being not one or two but rather too too many Precedents to
be found, wherein the Advice which the Clergy hath given to
Princes, hath been lb precipitate and ralh^ that Princes to avoid
thole mifchiefithat have followed from their Counrels,(and doubt-
ing left other and farther inconveniences might inliie upon them
that might be worle} have been forced oft-times to refcind their
own Orders,though to the lelTenning of the Credit and Authority
of their Government.
Yea not only Ib^ but through the importunity of the Clergy,
and through the rafhnels and unlealbnablenels of their Counfels,
it is not one Prince, but leveral Princes, that have been frequent-
ly intangled. Either with Divifions and DilTentions at home a-
mong their own Subjecfts, or with quarrels abroad among their
Neighbours, not only to the difquiet of their Government, To'
theRuineof many antient Families, To the fliedding of much
B 2 innocent
1$-%
[4]
innotent Blood, and to the wafte and confumption of an extreani
Mafs of Treafures: but which is yet worfe, to the doing of all
this without any Fruit, and to the giving over (at length) the
very quarrel it felf, even for thefe very Reafons,
Becaufe they faw they were mifled in it, and were able to eF
fe(ft none of thofe ends, which others propounded to them by
it, and which they propounded to themlelves, than which no-
thing can render a Prince more unfortunate, to the eye of him-
felf or'of others : which unfortunatenefs by their ingaging in
quarrels relating to Religion, hath neverthelels happened not
only to Princes of ordinary , but to Princes of extraordinary
Wifdom, Courage, and Conduct.
Witnefs the ill fuccefs of Charles the Fifth,' in his War upon the
Princes of Germany.
And of his Son Thilip the Second of Spam^ in his attempt upon
the ISletherlajids.
And witnefs alfo three Kings of France^ one after another.
And witnefs, what is not fit to be particularized, even thofe
things that happened at home even in our own Countrey ; which
have drawn a Mourning-Veil upon the Records of our own times.
And yet fo untradtable have the Clergy been at fome Times,
and in fome Places or Countries, that if a Prince fhall refufe
their Advice (though out of judgment) or fhall oppofe the un-
reafonablenefs of their Counfels, though never fo juftly, They
do hereupon, not only meet and Herd among themfelves, bat
partly by Preaching, partly by Writing, and partly by other
ways of negotiating, they do Endeavour to gain to themfelves,
both the greateft Perfons and the greatefl part of the "Nation,
even to prevent the effects of this Judgment, Prudence, and
Moderation.
■ And if thefe things we hcCve now /aid haye any Weight or Truth at all iri
theniy they ipill eVtdence the VeduElions following to he as true and as
certain^ viz.
1 That the Affair of Religion is of too a<5l:ive a nature to lye
wholly neglected, and unregarded by any Government.
2 That none can have a principal hand in the Government of
it,but they muft have the principal power and opportunity through
it, to affe6t the people more than any other, either in the point
of Obligation, or in the point of Neglect and Difrefpedl.
3. That this muff be much more true and certain in fuch a'
Nation,.
\
Nation, where the Peoples Zeal and Aflfedions do run moH
ftrongly of any to Religion, (as in thele Nations} than it is or
can be true, in any other Nations whatever.
4 That whoever will weigh it, muft find the Clergy there-
fore fingly for this Reafon, even becaufe of their meer Calling
and Relation to Religion, to be confiderable in every Nation
both for Power and Incereft.
5 That though they-dare not meerly becaiiie of their Cal-
ling, any way challenge an Order or Superiority above the Prince,
nor can ; Yet they are by confequence always rhade Indepen-
dent upon the Prince, and Ibmetimes abfolute over the Prince,
when the Prince himfclf fliall intirely, and without any check
commit the Affairs of the whole Church and Religion to them.
Becauie if they govern Religion well, and intirely according
to the Peoples fatisfadion, they muft unavoidably draw and in-
gage the very Souls, Hearts and Confidences of the People to
them, and that by the firmeft, ftrongeft, and moft lafting Tye
of any, which is that of their Minds,-and Affiedions, and of
the Duty they owe unto God.
Ifi on the contrary they P^ule the Affair of Religion wholly and
perfedly to the Dilguft, Opprelfiion, or Bondage of the people,
they muft of neceflity as much difiguft the Government; though
- not for it fielf, yet becaufie of that abfolute Authority which it
maintains and upholds in the Clergy.
6 That the committing the Affairs of Religion and of the
Church intirely to the Clergy without any check at all upon them,
is yet the more againft the Intereft of the Prince,becaufie it layeth
an exprefis Temptation upon them,to Govern both the Church and
Religion abfolutely, and at their own Will, and confiequently
to govern Religion with much lefis Care, Heed, Circumfpedi-
on, and Moderation, than otherwise they would have done.
7 While the Clergy govern the Affairs of the Church and of
Religion abfolutely, and by their own Will, without any Check
whatever upon them. The Prince himfelf neither hath nor can.
have the Icaft feCurity, that they will not Govern all things di-
redly agreeable to their own Intereft, and to their private and
particular Concern, let that Intereft with the Means beft to ef-
fed it, be never lo diftind, to'the Intereft of the Prince, or to
the Intereft of the People^ or never fo deftrudive or contrary to
either.
c 8 That
8 That it is lefs advifeable for a Proteilant Prince to commit
the Affairs of the Church, and of Religion abfolutely and en-
tirely to the Clergy, than it is for any other Prince. Becaufe the
Clergy are by this, without any Head at all over them, and
without any Council whatever that is fuperiour to them, (which
they are not under the Papifts themfelves) and becaufe the Prince,
muft by this means inevitably fubjedt himfelf to their Advice,
and to the Effed of it, let the Iffue of it prove never fo incom
venient or rafh to him, as is manifefl from the Examples before
mentioned.
9. That it is the lefs advifeable alio for a Proteftant Prince than
for any other Prince, Becaufe it is not only againft the Example
of Holland^ but againfl the Example of all the Proteftant Prin-
ces that were Inftrumental in the firft Reformation, and of moft
of their Succeffors.
I o. That as it muft be utterly againft the Intereft of a Prince
to take part with the Clergy, when ruling of Religion wholly
and perfectly to the difguft of the People: fo it muft recommend
him, not olny to the Judgments, but to the Minds, Hearts and
Affections of the People, even beyond what any thing elfe hath
a power to do, if he fhall pleafe, more efpecially at fuch a time
as that is, to gratifie them with the fence of his own Care of
them. And there cannot well be a greater Seafon, and Oppor=
tunity put into the hand of any Prince, either to Honour him-
felf, or to oblige a People, and to oblige them to him in ftriCt®
nefs by all Ties that are poffible to be laid in Gratitude or Confcb
ence upon them ; Than for a Prince to cake the Affairs of Re- .
ligion, or of the Church, into his own hand at fuch a time, as
they have moft mifcarried in the hand of the Clergy.
And to manifefl to his people that it is his fixed refolution,
to defend that which is the Foundation of Proteftantifiai, and
which is the true glory of it, in oppoficion to the Popifli Reli»
gion, of which I fliall now more particularly difcourfe.
The ^lory of the TroteHant flight is^
That by the Reformation there was a refloration of the Scrip-
tures, in the Vulgar Tongue, as well to the common people
as to any others, and this was one main part of the Reformati-
on, if not the chiefeft of any that came by the Reformation it
felf, and it is the true glory of it, without which any thing elfe
that came by the Reformation could have been but of little ad van-
tage to us. * And
1:7]
And if a Proteftant Prince do aifure his people, that he will
maintain and defend this Principle, or Foundation of Prote-
ftantifm , This will , and muft firmly and ftrongly ingage
all the Hearts and Affe(51;ions of his Proteftant Subje(ft:s unto
him.
But whether the Prince will defend and maintain this Princi-
pie or not, yet it is unavoidable : That all Proteftants as well in
. all other Nations beyond the Seas where any Proteftants are as
well as in thefe three Kingdoms,do irrefiftably cleave to this Prin-
ciple, 'That by the ^formation the free ufe of the Scripture is re"
Ftored to all people, And this Principle being fixed in them, it hath
thefe four following Effeds. ^
The frftEfea.
J
t. That no man or men (that no party of the Clergy or any
other} (hall ever be able to remove the influence, which the
DiVme Authority of the Scripture muft have, and cannot but have,
upon the Minds and Confciences of the People profefling the
Proteftant Religion, as the Scriptures are acknowledged to be.
Tye ONLT Word, the ALOISLE ^de oj the mind of God unto his
People.
This Charader or Apprehenfion of the Dignity and Authority of
the Scriptures, being lb Eflential to our Reformation it (elf, that
there is no Proteftant can fo much as doubt of it. It being that
which is not only commonly taught in our Pulpits, but frequent-
ly inculcated to us, while we are Children by our Parents, and
by thole Mafters which take the Care of us while we are at
School.
The Second EffeH.
And lecondly, this Principle of the ViVme Authority of the Scrip'
tures, being from our very Education thus firmly rooted in us,
it muft make the influence of it to be equally as ftrong, and e-
qually as powerful upon the Confciences of us, even as the Scrip-
tures themfelves are, which is equal with the yery Authority of (jod
hhnfelf: and efpecially upon all luch as are religioufly Educa-
ted and Bred ; fo that there is no Obligation or Tye whatever,
• C 1 which
[ 8 i
which is capable to be laid upon men upon any civil,oiltward, of
temporal Account, that is able to have any part of that ftrength, or
influence upon them,as the Scriptures muft neceflarily have upon,
and over the generality of all Perfons in the Proteftant Church ;
which is a fecond Effed, which can never be removed by any
Authority of man whatlbever.
The ftrength and prevalency of which Tye as made upon the
Confciences of all Perfons as Proteftants, by or from the Scrip-
ture, is yet the more confiderable, becaufe whatever Worfhip,
Service,or Religion we as Proteftants do profefs to give unto God,
we profefs it only from the Authority of the_Scriptures themfelves,
and from the Authority of them, as they are thus owned and
profefled by the Proteftant Church to be our Supreme : and
( conlequently ) our immediate Tyq in all that we believe,
and in all that we ad as Proteftants towards God which hath not
its Termination in, or its dependance fo much upon men, or up=
on the Ruling Clergy, or upon the Church, as upon the Scrip-
ture or Word of God it (elf.
We judging it lan^fnl enough to for Jah^e the Churchy when
we once judge the Church in what it believer^ or in what
it aBsj or ^ra&ifeth toward God to have forfal^n his
Word.
And our ProfeiTion or Religion being thus founded, I mean out
of Conjcience purely to Gods Word ; Every man then, properly as a
Proteftant, if he be Sincere, doth as much believe that the Wor-
fhip (whatever it be that he profefleth) is as truly agreeable to
the Mind and Will of God,as is the very Scripture it felf. And con-
fequently that he is as much to contend for the faid Worfliip,as he
is bound to contend for the Authority of the Scripture it (elf; For
thefe two being taken by him but for one thing, (Vi^. the Truth
and Authority of the Scripture, and the Truth and Autho-
rity of what he profefleth,) confequently the fame Tye that binds
him to the Scripture, muft of neceffity bind him to that Religion
whatever it be, which he as a Proteftant profelfeth unto God.
And conlequently if there be no Tye fo firm or fo ftrong upon
the Confcience, as that of the DiVine and Ahjolute Authority of the
Scripture is : There can be no Tye ftronger than what Prote-
ftants
1^93
ftants as (uch (and as Sincere) muft neceflarily have for the Re-"
ligion, whatever it be that they do refpe<5tively profefs unto God*
Tlx Third EjfiB.
And Thirdly, This now being made clear and undoubted,
V/X. That the Tye and Obligation that every man hath to the
Worfliip which he profeflech unto God, properly as a Proteftanc
lyeth in, and rifeth immediately from the Scriptures. And it
being likewile cleared that the higheft Tye which can poffibly be
laid upon the Conlcience of any man, is that proceeding from
the Scriptures, as they are The ONLY of God's JMind and
Will to m.
It muft necelTarily follow, that if the Authority of men can
neither remove the tile of the Scriptures themfelves, nor remove
the Obligation which they have above all things upon the Con-
fciences of men, even from their very Education, as they are The
only (l{ule of God's ATmd,then no Authority of man, can ever pof-
jfibly remove the Obedience which men will always conceive
themfelves obliged to give to the laid Word, in whatever it be
they apprehend it doth clearly command. Seeing this Obedi-
ence is looked upon to be the fame, (and no other) with an O-
bedience given to God himfelf.
And if an Obedience given unto God, be in Confcience alfb
infinitely preferrable to any Obedience to man, then muft an
Obligation to the immediate Law and Will of God, be always
preferrable to, and ftronger than any Obligation whatever, to
the Law or Command of men, which is a third unavoidable E&(5t
of it.
Tl7e Fourth EjfeB,
And Fourthly, if the Law of the Church, or of the Ruling
Clergy, cannot in the matter of Worfhip any way compel or
bind men to Obedience, farther or otherwife than as they appre-
hend it to be agreeable to the LattJ of God^ or to the Law of his
Word : Then neither can the Law of the Prince, or the Law of
the Civil Government bind mens Confciences, in the* matter of
Worfhip, further or otherwife than the Law of the Church, yi;^.
no otherwife, than as the faid Law fhall appear to them tO be
agreeable to Gods Law, which is the Law of his Scripture or Word.
D And
C ,o ]
And conieqtiently it can never be avoided by any Proteftant
Prince, but his Authority as relating purely to things Civil, with
the Efficacy of it, muft ftand upon one ^le;
And his Authority as relating to things of Divine Worfliip^
with the Efficacy of it, muft neceffarily and unavoidably ftand
upon another (^le.
And therefore that his Authority over his Subjects in the one,
and in the other of thefe, muft of neceffity be diftinguiflied^
Which is the fourth thing that we fay cannot in any Proteftant
Government poffibly be prevented. That thefe four things are
the certain Effects, of that which is the Main part, or the ^hief-
eft Privilege of any that came by the Reformation it lelf before
mentioned, may be further and more fully demonftrated thus.
For if no Law can poflibly Eradicate that Notion, Tloat there
it a God : Then no endeavour of man whatever, can hinder his
being worfhipped, by fiich at leaft as have a fence of his being,
dnd do yerily heltefVe that HE IS.
Wherefore, if we are trained up from our Childhood, and
trained up not only as men, but as Proteftants, firmly to believe
that God will accept of no other Worfhip at all from us as
Chriftians, but what is agreeable to his Word. And if it be a
thing continually inculcated to us even from oqr very Infancy,
That it is in a Conformity to this Word done^ that all ^ligton whatever
doth confifl 5
Then it is not Reafon only, but Experience it felf, which at-
tefts it, That a man may as foon quit his Notion that there is a
God, or be affraid to own it.
And may affoon quit the Notion that God is to be worfhipped,
or be affraid to own it.
As he may quit or be affraid to own (as he is a Proteftant^
this NotionTrnt (fod is fo onlytoheiporjhipped^and no otherwife than
he hath Jet doD^n in his Word.
And if this Notion then about his Wordj as the only ^le of the
Worlhip of Gody be as firmly planted in us by our Education, as
any Notion can be planted in us, that belongs to our nature as
men : It muft needs follow, that a Government may as well,
and with as good fuccefs, hope or propound to it felf by a Law,
to extinguifh common Notions, as hope or propound to it felf
by a Law, to extinguifh among any Proteftant Nation, the
Notion *of the neceffity of Worfhipping God according to his
Word. And
C"3
»•
And there for eij it he rightly confidered it n?ill lil^mfe ap-
fear: I hat it mnH be to him that is truly educated as d
Protefiant, every way as grievous to be commanded by
a Law to forfal^ Chrijiianity it felf as to be command-
ed by a Law to forfal^e that Worfhif^ which he as a Pro-
teUant cannot but believe in his heart , is alone aoree-
able to the Mind and Law of God^ which is that IVor-
jhif that is given to God direBly conformable to his Serif'
tnre or Word, And of the Truth of this the Martyrs
in Queen Maries time are a comfetent Witnefs.
And confequently they that pretend to take another Meafure
of Proteftantifm, than according to what is thus firmly rooted
in the hearts of men, both by their Education, and by the very
Principles and Dodtrine of the Reformation, do feem but to
prevaricate only with the reformed Religion, and with the fixth
Article of the Church of England, and do if nOt in Words, yet
in Adtions fecm manifeftly to declare, that they neither really
believe the Scriptures, or the Chriftian Religion, or the Refor-
mation to be of God.
For if the whole of the Chriftian Religion be contained in
the Scripture, and in the Scripture alone, as the fixth Article of
the Church of England doth both plainly and exprefly confefs it
is ; Then to make the rule of the Word to be our rule wholly
as Chriftians in the Worfhiipof God, is fb far from an Obftencie,
and fb far from any thing of Humour or Superftition, or Con-
ceitednefs, that the contrary can be no way difpenfable, and
much leis maintainable before God : and therefore there is nei-
ther any part of Popery it felf, nor any thing of Idolatry, thought
never fo grofs, but it may be as eafily impofed upon, and as ea-
fily entertained by a Proceftant, as any worfhip may j which he
evidently feeth, or is fufilciently perfwaded of in his Confcience
to be againft the Mind of God, or againft the ^le of his Word.
Seeing it is This ^le that is the only Index of his Mind as to
us, and it is This ^le alone, to which all the Promifes of God
are intirely made, and all the Promifes of God being made to
D 1 Tim
[" ]
This ^le only, This ^ile , and no other, murt then as we
are Chriftians, be The alone Foundation both of all our hope, and
of all our truft toward God. And muft conlequently be the on-
ly ground upon which we can as Chriftians have any expecfta*
tion of Salvation and Life. And therefore the whole Intereft,
and Concern of our Souls, (at leaft as we are Proteftants} doth,
and muft ftand entirely upon the faid Word, Which things if they
cannot pollibly any way be denyed,
Then the difobeying of all fuch Laws in the matter of Wor=»
fhip, as are NOT agreeable to Tfye Word of God^ or which at
leaft appear not to be lb, is a thing wholly inevitable^ and is
impoflible to be avoided in a Proteftant Government; even as
we are rational perlbns, becaule there is a threefold reafon that
necelfarily impels it.
Fir ft as it hath its rile from that mo ft forcible and indeleable
Charaifter which is writ in the Minds of all men ; which is, That'
feeing GOD ISy HE ouglTt to he ivorjhipped in fome manner or another '
of necefity.
Secondly, as it hath its rile from that CharaEler which hath
equal force with the other in the Minds of us j as we are
bred Proteftants, TImt God is no other way to-be worjhip^edj nor
lt>ill accept of any otherlpor[hip from us {as Chriftians) but what is agree*
able to his Word. Which two Principles, leeing by vertue of our
Education they make but one indeed irt our hearts, as we are
Proteftants they do and muft conftrain us aflbon to abandon all
worlliip it lelf unto God, as to abandon that worlliip which is
properly agreeable to his Word. Becaule lb far as we abandon
this, we do abandon all Worfliip that is according to our Princi-
pies as Proteftants, either acceptable with God, or agreeable to
the Mind of God.
Wherefore if to thele two we lliall add the third ground of its
rife, which is as certain alfo as either of the other,Tl:at ii?e neither
have hope in God^ nor any Fromifes made us by God further than as lae obey
him in his Word,or further than as we "^orjhip him according to the ^]{ule of it,
I lay thele three things being now joyntly conlidered, and le-
rioufly weighed by us; what man is there, or what man can
there be, who firmly believes that there is any fuch thing as
Salvation and Life, who will not run any hazard rather than
forbear what he judgeth to be the Worfhip of God ? or rather -
than he will obferve iuch a Worfliip unto God as he cannot but
know,
['? 3
know, or cannot at leafl: but verily believe to be contrary to liis
Mind, and contrary to the Rule of his Word.
If it be evil then, for any man to believe that God is indilpen^^
(ibly to be worfhipped after (bme manner or another, or evil for
a man to believe that there is no other rule of his Will or Mind
to us as we are Chriftians but his Word, and therefore no other
Rule wherein his VV^orfliip is contained befides his Word.
Or if it be evil to expedl that God will moll truly, faithfully,
and fully perform his Promifes to us, if we lhall lerve him ac-
cording to his Word, and not otherwiie,
I fay if any of thefe three things are evil, then it may be e-
vil to difobey any Law relating to the Worfhip of God though
it be not agreeable to his Word. But if none of thefe things be
evil in themlelves , they can never make any man evil who
limply conforms to them,! fay not limply for his conformity how
llridtly or intirely fo ever it be.
And therefore if thefe three Principles are of fuch a nature,
as creates a neceflity of our compliance whh them, even as we
are rational perfons, we mull either then remove the Principles
themfelves, and the lawfulnefs of them, or we mult unavoi-
dably fiilfer and permit their efficacy as lawful over men. For
to allow the Principles themlelves as good, and lawful, and as
necelfary and indilpenlible in themlelves, and to difallow never-
thelels the Practice of them j or to difallow fuch perfons as fol-
low them and imbrace them, and to account inch perfons to be
only dillurbers, or to be men fo evil and bad as that they are not
fit to be tolerated in a Nation, even though no Crime belides
this be objected againll them : Is either grolly to prevaricate
with the faid Principles^ and to make but a mock or fport of
• them, or it is to do that which is abfolutely repugnant, ablurd,
and contradictory in it felf: which is wholly againll the Realbn
and Nature of a man as a man.
For though it cannot be maintained, that all the Laws of
men mull or ought necelFarily to arile out of the Laws of God,
either that of his Word, or that Law written in the heart of
man. Yet it is maintained among all Chrillian Governments
whatever.
That 110 Lalf of the GVil SMagijlrate hath any power to fuperfede
any Law of God^ ivhether it he that ^Vrit tn the heart of man^ or that
ivrit in hk Word^ and therefore it is univerfally agreed by all Go-
E vernmentsy
C H 3
vernments, and cannot be denyed by any that profels Chriftia-
nity , That all humane Lalps if they he inconftjlent either with any of
thofe common Principles that are '^rit in our ISiaturej (i}?hich are calledjhe
common Prmciples of P^afon) or with any thing that is exprefly writ in the
Word of Godj They are null and "Void in themfehes, Pecaufe they are
ogainH a prior or preceding Ohligation, which all men 04 men haye by Na^
ture unto Ood^ a4 unto their Supreme Lord and Creator,
Wherefore in as much as it is clear, that all Laws which com-
mand men to forbear that WoriLip, which they as Proteftants
do in their hearts judge,^ and believe to be agreeable to the
Mind, Will, and Word of God, or which commands them to
conform to luch a Worfhip, as they judge according to their own
Underflandings (and connot but believe it) to be difagreeable
to the faid Mind, Will, and Word of God, are of this nature,
that is,
Firft, they are fuch Laws as have a manifeft Inconfiftency ei-
ther with the Law writ in the heart it felf, which is. That God
is indilpenlably to be worfhipped in fbme manner or another,
Secondly, they are luch Laws as have an Inconfiftency with
the Law writ in the Word of God, which is. That he will re-
ward all fuch as fhall obey him according to the Rule which he
hath given them in his (aid Word, and will punifh fuch as fhall do
the contrary. Or,
Thirdly, they are (uch Laws as have an Inconfiftency with the
Rule of the Reformation it felf, which is, that all Worfliip which
is Chriftian, and foederal , is to be given to God according to the
Scriptures , and that whatever IS NOT read in the Scriptures,
nor may be proved by the Scripture, IS NOT to be required ot
any man that it fliould be believed as an Article of Faith. Which
are the very words of the fixth Article of the Church of Bnglandy
(and which Article if wounded, the reft of the thirty nine Arti-
cles muft be wounded equally with it, feeing they are judged
to be founded mainly upon it,) I do therefore with all humble'-
nels fay, that all fuch Laws (in any Proteftant Government
whatever) which reftrain fuch a Worfhip as is agreeable to the
Word of God, or is really believed to be fuch by them that pra-
(ftife it, I fay all fuch Laws are entirely againft that Prior Laiv or
preceding Obligation, which men as men have by Nature indifpenfa-
bly unto God, as to their Immediate Creator and Lord, above
any
Ifs
t ]
any which they have or can have unco man, how lawfully Ibe-
ver he may be the Superior of them.
And conlequencly, that all Non-obedience or Non-confor-
mity to any of the faid Laws, though it be in a fence voluntary,
yet it is neither elective nor indeed truly or properly free, And'
therefore that fuch Non-obedience is not any the leafl: breach of
affedtion. Nor any the leafl forfeiture of a mans Duty to his
Prince, or to the Government, Becaufe it is a Non-conformity or
Difobedience that is abfolutely conflrained, compelled, and of
an inevitable and indilpenfible nature in its felf, by reafon of the
(Pn'or Lali) or of the preceding, and indilpenfible Obligation which
we have both as Men and as Chriftians unto God j And have
above and beyond any Obligation that we have, or can have
poffibly to any perfon as the Prince or Superior of us.
And all men that maintain the contrary, and that either out
of a Luxury of Wit, or out of a Super-foetation of Vanity, In-
folency, or Pride do leek to baffle this Argument, or to evade
the force of it, from or under the pretence of the Capriciouf-
nefs, Humouribmnefs, and affec^lation of Singularity that may be
in fbme Perfons; may with as good Reafon, and with as folid
a Judgment make a meer Mock or Ridicule of all the cMartyrs
that have ever been fince the World flood, and may as well call
Daniel^ and the three Children, and all the Primitive ChrtllianSy and
the Jpdflles who fullered for God, and for the Teflimony of his
Word, and of Chrill, ^yei 6. 9. i. 9. men that were
only capricious, humourous, and perfons that did affe^l a Sin-
gularity, as call all men io at this Day, whoever they are that
do not conform to the Laws Nationally made about Worfhip and
Religion:
For if their bare Allegation that all men that do not conform,
are men only of humorous, and capricious Tempers, and men
who meerly afFe6l a Singularity and Diflurbance ^ fhall be taken
for a iufficient Evidence againll them*
By as jufl a Law, the Tellimony of any Atheifl, may as well
be taken againfl all the ^.iMartyrs that ever were. And the Te-
flimony of any common Perfon, may be taken againfl them
themfelves (that alledge this, ) that they are Atheifis. And if
this lafl be not reafonable, neither is the firfl. For if anothers
bare Allegation is not to be taken againfl them, nor ought to be
allowed as an Evidence, So neither is their bate faying to be taken
againfl oshers. E 2 By
t ]
By all that 1 have faid then, it will appear that there is a clear
difFerence, between the Authority of a Prince in things Civil,
and in things relating to WorlTiip and Religion.
For as a Princes Authority in things Civil is Unqueflionable,
and enterferes with no Law of God whatever, and can have no
pretence therefore to intrench upon the Conlcience, or upon any
prior Obligation or Duty that a man oweth unto God, and as
it muft for all thefe Reafons be neceffarily and indifpenlably o-
beyed, and fubmitted unto by all his Subje^fts 5
So on the contrary, a Prince, elpecially as a Proteftant can
put out no Law about Divine Worfhip, but his Subjedts fo far
as they are Proteftants, are bound in Confcience and by the ve-
ry Principles of that Religion which they profefs, not only to
Conlider it. But to Examine it, whether it be agreeable to the
Word of God or not, and if it appear not to be luch (at leaft
according to the beft of their Underftandings, ) As they will
have a Plea always not to fubmit to it, by Reafon it intrench-
eth upon a Prior Obligation; So this Plea cannot well with
Juftice be denyed them, if no Crime whatever in their Con-
verlation can be proved againft them. "NOR can men in this
Cafe be adfually puniihed, and proceeded againft without the
Sence and Grief of that Wrong, or Oppreflion that is manifeft-
ly done to them, and ftiffered by them, efpecially feeing their
Kon-conformity to the faid Laws, proceeds not as we faid, ei-
ther from their Election or Liberty. Nor yet from any breach
of Duty or Affedlion to their Prince : But only from what appears
to them to be an Inevitable,or Indifpenfable Neceffity that arifeth,
and is occafioned from their raeer ProfefTion as they are of the
Proteftant Religion. To this end I fhall therefore offer one
Argument more which fhall be taken from,
J he Chara^er of a Pafifi. .
The thing which doth Effentially diftinguifh a Proteftant from
a Papift, more than any Note, Mark, or Charadter whatever
befides, is, Tlyat a Tapijl by his Principles as a PapiH may not, and
indeed cannot difpute any Law whatever, relating to the Wor-
fliip or Service of God, provided it be declared and eftablifhed
by what he acknowledgeth to be the Church : Becaufe he takes
rhe Authority of the Church for the whole Argument, or for "
the
• C «7 ]
the only Foundation of all his Obedience unto God j rather thaii
the Divine Authority of the Scripture or Word. And becaule
he prefumeth the Church alfo to be a thing altogether Holy,
and luch as neither hath Erred, nor can Err, for fliould he que-
ftion this, he muft queftion the whole of his Religion it ielf: op-
pofite to which Charaii^er, we fhall now confider,
Tbe CharaUer of a Proteflant.
But the Proteftant Church on the other hand, having fepara-
ted from the Church of Q^ome, not only upon the Suppofition
that fhe hath actually Erred, but that fhe hath been grofly cor-
rupted as well in Manners as in Faith. And the Proteftant Church
having for the better Juftification of her own Pra6tice,both in the
matter of Worfliip, and in all things relating to Doftrine, and
Faith, SET UP Tlye Scriptures as the Sole and Soyeraign (J^ule of
Gods JMind and Will to his Church : As flie cannot challenge the
Exercile of any Authority therefore, that is beyond that of the
Scripture 5 or any that is not fubordinate to the faid Scripture it
felf: So it is expected that all the Duties which file requires, and
all thole Articles or Points of Faith which fhe at any.bme re-
commends, to fuch as are the Members of her, Ihould always
be- enforced from thofe Arguments properly, and orily, which
are drawn from the Scripture : Becaufe it is this, which fhe her
lelf hath appealed unto , and this only which fhe challengeth
to jtiftifie her.
A Proteftant then, that utiderftahds the Grounds of his Rcli-
gion, or that hath been at all inftruded in the Rife or Principles
of thfe Reformation, taking this for the very firft Article of his
Faith j Tlyat a Church fnay Err^ and may have Corruption in it,
and may in its Worfhip polTibly fwerve, and depart from the'
pure Mind, Word, and Wifdom of God : And laying that no
lefs firmly as the Foundation of his Belief on the other hand,
That the Scripture cannot Err^ nor can be other than the un-
alterable, arid incorruptible Rule of Gods Lav/, and of his
Will and Mind to his People, he cannot poffibly hold the Au-
thoricy of the Church to be Divine, any further or otherwiley
than (vs it appears to he clearly grounded upon the Scriptures as the Word
of God. And therefore the Tye or Obligation which he hath
to obey the Church, fo fax as it relates to the Confcience, and
F binds
i: i8 3
binds the Confcience, ariieth out of no other Ground, than from
the Conformity which he feeth, or is perfwaded that the faid
Church hath in her Laws, Orders and Do<f^rines to the faid
Word, and if this Conformity doth or fliall once ceafe in the
laid Church, a Proteftant as a Proteftant, cannot but judge his
Tye or Obligation to her as a Church ought to ceaie alio with
it.
And this being the true State of that Radical or Effential Dif-
ference that is between the Principles of a Proteftant^ and the
Principles of a Papift as a Papift,
It will hence follow^
That if a Church that profefteth her ielf to be Proteftant
(or the Ruling Clergy of a Proteftant Church) fiiall not much
confider, or regard the juftifying of what Laws, and Orders
fhe makes by the Confonancy they exprefly have, to the Law
or Mind of God in his Word, (which is his Rule to. the Church)
nor fhali much concern it lelf to clear, and inforce the Faith
and Do(ft;rine which llie holds, by the Evidence of its Truth,
or by the Authority of it, as fufficiently grounded upon that
Word that is ablblutely Divine : But fliall on the contrary, in
whatever flie Commands or in the things fhe Teacheth, con-
ftrain or exa(fl: an Obedience from her Members to her felf, and
to her own Authority as ablblute, and as unfubordinate to the
Word of God, and therefore to her Authority as it is a diftind:
thing from the laid Word : That Church, (or the Clergy ra-
ther, that are the Rulers of it) lb far as fhe doth this in any
Doctrine, or in any Law that flie makes indilpenfable, doth lb far
ceale in her Principles and Practice to be Proteftant : and doth lb
far dilclaim not only a main and chief Ground of her Separation
from the Church of ^me but the very Principle it felt, upon
which fhe pretends to guide her lelf, in her Reformation.
For it cannot be denyed that thele were the great, and the
main Caules of our Separation from the Church of %ome^
Firft, Becaule flie had made her lelf Abfolute, and had let
up an Authority in the matters of Worfliip and Faith, above
that of the Scriptures, as the only Word of God. And
Secondly, Becaule flie did not barely excommunicate men,but
did allb perfecute them,and did deprive them both of their Eftates,
Liberties,
. t 19 ]
Liberties) and Lives upon a Principle as contrary to human^
Rcafon, as it wa* contrary to humane Society, and Qiiiet;
not for any evil fn their Converfations, in their Morals, or in
their Lives ; But meerly for obeying what they fincerely judg-
ed to be the Law, Mind, and Will of God. And meerly for
believing that his whole Law, Will, and Mind to his Church
as a Church, elpecially relating to the Worfhip of himielf, was
contained in his Word.
Thirdly, Becaule by this periecntion,as it was extended to the
extreme Punifhment ^ of Perfons, both in their Liberties, and
Goods, and (ometimes in their Lives, by ftinking Prifons and
want of Keceifaries j (he did unavoidably draw upon her lelf
the Guilt of mens Apoftacy, Hvpocrfie, and Diflimulation, who
durfl not but obey and comply with her Commands, meerly
out of fear. And did as unavoidably draw upon her the Guilt
of all that Suffering, Cruelty, and Blood whatever it were fhe
Ipilt, and did inflidt upon thofe perfons who withftood her Com-
mands, and who were otherwife in all things blamelefs, both
as to their Morals, Lives, and Converfations.
I fay if it be matter of Fad:, and that which Cannot be de-
nyed,that thefe three things, were fbme of the Main,and Principal
Caufes for which w'e feparated from the Church of ^me;
and for which our firfl Reformers themfelves called her Antichri-
flian : and fometimes Bloody,and iometimesthe Scarlet Whore*
And if thefe three things, when at any time mentioned with
reference to the Church of are ftill acknowledged to be
evil, and fb ftiled to this day, fo far as it concerns her. Yea if
thefe three things, are at this very prefent in our Controverfies
with that Church, not only charged upon her, but call in her
teeth, among many other things by way of reproach, and to
let forth the juft ground, that we even as the Church of Eng"
land^ (as Well as other Churches} have both of exception againfb
and hatred of her.
MUST NOT thefe three things be MUCH MORE EVIL
in a Proteflant Church ? who after fhe hath condemned all thefe
f
things, not only as evil but as Antichriftian in the Church of
^mc 5 and after ffie hath pretended to feparate from the faid
Church for them, doth neverthelefs give her felf leave to prailife
them,without condemning her felf at all in them ? And MUST
>sOT This Pradice caft amanifefi Blemifh, and Reproach up-
F t ori
on her own Reformation ? and evidence to the world that fhe
doth not either believe the Principles of it, doth not at leafl
dare toTrufttoit. *
Wherefore if the faid Church (or the Clergy rather as the
Rulers of it) mecrly upon thefe Grounds, and only to thefe
ends, which are both thus evil in themfelves, and thus contrary to
the very Grounds and Ends of our Reformation, fhall endeavour
to Ingage the power of the Civil Magiftrate to her A/fiftance,
(which God forbid they fliould evfer do any more in Ej^^land j
for we have good ground to believe that ieveral of the Ruling
Clergy if not all, do abhor it, to their Traife be it Jpokeii) 1 hum-
bly offer it to Confideration, whether in moving this to a Prince,'
efpecially as he is a Proteftant, flje doth or can move him to a-
ny other purpole., than That his Authority may propiote the 'DefeHion
Jhe hath made from her oii^n Principles, and may Countenance her in that^
which JJ?e hioweth that the Pjcles of the peformation, and of Protejlan-
tifni cannot; not only her Cruelty and Severity, but her fex®
orbitancy ? ,
And whether flie hath, or can have any Argument to the (aid
Prince, for his Countenancing of her,greater than this, (Vi:^) Ti>an
AS P?e knoiaeth that all the eTil which would he charged upon wholly
and OlSLLT as a Qmrch may now through his countenancing^ of her be in
part as trell charged, upon his Poyal Authority and Pleafure as upon her.
Which Argument being really of no better a nature than this,
whether it be therefore reafonable in it felf ? or whether it be fo
much as fit or modefl; for the faid Church to make ? or whether
it be agreeable to that Duty, Honor, and Sincerity which fhe
as a Church profeffeth to owe, and ought at all times uprightly
to pay to her Prince, I humbly leal^e and fubmit to the Judgments of
all Ingenious Perfons^ and elpecially when with reference to the Ef- -
fedt of this Motion, it is matter of Fa6t; that though twenty
fix private Perfbns would be thereby gratified, (Ibmeof whom
are men of no Birth, Intereft, or temporal Eftate in the Na-
tion) and more than twice fo many thoufands are greatly griev-
ed, injured, and wronged in their Perfons, and Eftates, w^hich
are equally his Majefties Subjects as well as they. And many
of which are every way Peers to them, for Birth , for Vertue,
for Loyalty, for Temperance , for Morality, for Mercy, for
Charity,for temporal Eftates ; and even for Learning alio.
And here it will be neceffary in the next place,- to confider
agairr
[ 21 D
agaia what it is in thefe refpe6ts, that we blame the Church of
for, I mean,
PVhat the Guilt of the Church of Rome fr.
For either Guilt is a thing of Weight before God, or it is not. And
either the Guilt^-hich hath been charged upon the Church of (^?ne^ (by
reaion of her Perlecution) by our Reformers firft ; and by many wor-
thy Men of the Church of England fince, is juftiy charged upon her^
or it is not.
But if that Guilt be Real, and that it is juftiy charged upon the faid
Church, It is apparently Criminal two ways,
Firft, as fhe through her Perlecution is the caule of all that Hypo-
crifie , Diifimulation , and Apoftacy , which men commit for meer fear
of her, and by which though out ol weaknefs, they do greatly wrong
their own Conftience, and greatly injure their former Profeftion before
God, and know they do fo, and lye oft-times under trouble of Confci-
ence all their lives afterward for it.
And fecondly, fhe is equally guilty, as fhe is the caufe (by realbn of
her Perlecution} of the Sufferings, Diftreftes, and great Afflidtions,
which many particular Perfons, and many Families groan under; by
which flie occafions many folemn Complaints, Cries, and Appeals to
be made unto God, which men who are conftious to themlelves of their
Sincerity towards God, did pour out to him as the Righteous Judge of
all perfons.
And if this be T7;e Guilt of the Church of and if we as Proteftants
when we write againft the Church of ^me, do fay that all the Righteous
Prayers , Appeals, and Complaints toGod againft her fball be heard.
And that fhe fhall aniwer as well for the Crimes of others, as for the
Oppreftions and Wrongs that fhe hath done to others*
What then can be faid, when a Proteftant Church, or the Clergy
rather who are the Rulers of it, fhall be guilty of the fame man-
ner of Perlecution, and upon the very fame unjuft (or upon more
unjuft) Grounds or Principles that the Popifh Clergy are ? and when
by the means of this Perlecution, the faid Proteftant Clergy are the
occalion of many mens Hypocrilie, Diftimulation, and Delertion of
their Principles, (through weaknefs) to the extreme injury and wrong
of their Confciences and are the exprefs Caule of the Sighs, Suffer-
ings, Groans, and Complaints of divers others, that are poured
out in the very bitternefs of their Souls unto God j and when the faid
Proteftant Church, or the Ruling Clergy rather of it, fhall have no
fence at all of the evil .of any of thefe things; nor leem to be in the
leaft moved or concerned for them ?
Thefe things being confidered, the Queftion is, whether any man
that is rational, can draw any other Conclulion from jhem but that.
The faid Proteftant Church, (or the Ruling Clergy of it) do not
G believe
c
believe themlelves at all, when they write againft the Papifts for theie
things, and that notwichftanding they do threaten the Church of
with the Judgments of God becaule of their Cruelty, and of their Per-
fecutions of men for their Conlcience fake : yet they do indeed but laugh
in their fleeves at it, and do not believe any fuch thing, ^ that the direlul
Judgments of God (hall come upon any, either for Cruelty, or for Per-
fecution of others for Confcience fake, or for being the occalions of many
mens finning againft, and wounding of their own Conftiences : but that
when they fpeak of the Judgments of God, they {peak of them but as
Scare-Crows, Bug-bears, or Pot-Guns.
For would it not be an uncharitable thing, or rather is it not an in-
credible thing, for any man to think that the Proteftant Clergy fhould
do- the very fame things, which they exprefly declare and acknowledge to
be heinous Offences, and Crimes againft God, in their Adverfaries the
Church of if they did really believe themlelves in what they ufu-
ally write, when they threaten them with the Judgments of God upon
them for the faid things ?
If to avoid this,which they perhaps may look upon as fome imputation,
or reflection upon them : the faid Proteftant Church (or rather the Ruling
Clergy of it) fhall deny the Cafe to be the fame, and fhall &y that
the Grounds or Principles upon which they perfecute men, are much
different from thole of thePapifts or Church of (JJome.
Let them (I mean the Ruling Clergy) lay down the State of it, and
fliew us wherein the greatnefs of the faid difference doth confift.
For if the Fa6t for which men are punifhed by the faid Proteftant Cler-
gy be the very fame, (or of the fame nature) with that for which the Po-
pifh Clergy do punifh men, for their worfhipping God,and for their
worfhipping of him not contrary to the Scripture, or contrary to any thing
that feems clearly, and plainly their Duty in the Word of God,but contra-
ry only to fome Order or other in the Church. And if the quality of
the Perfbnsthat dofuffer, and that are punifhed by the Prot'eftant Clergy,
are the fame alio with thofe that are punifhedby the Popifh Clergy, that is,
fuch men as are neither blameable in,Nor fo much as accufed or charged
by them with or for any Crime, Or any Immorality in their Lives and
Converfations; But fiich as otherwife demean themlelves in all Duty,and
with all Subjection to their Superiors.
• - I fay if both thefe are the very SAME one with another, wherein
doth the Effential Difference lye, between the Perfecution of the Po-
' pifli Clergy, and the Perfecution of the Proteftant Clergy, unlefs
it be ftrictly in this ?
That the Proteftant Clergy, do pretend to believe the Scriptures to be
the Supreme Rule, and mind of God to his Church j and if asked do free-
ly grant. That men areNOT bound in Confcience to any Rule Superior
'to this. Nor can be bound in the things of Faith, or in things relating to
the Worfhip of God to any Rule above this. And
c
And yet at the fame time that they own this, they perfeciite their Bre-
fhren, not only in their Liberties, but in their Goods, Fortunes, and E-
ftates, and fometimes in their Lives alio (through nafty Prifons, and wane
of Conveniences) for acknowledging the faid Scriptures, to be (uch as they
themfclves do own them to be,and for that they accordingly conform to"
their own Principles. Whereas,
The Popifh Clergy, though they perlecute men for the fame Crimes^
yet they do not give fb much Honour to the Scriptures, nor do fb much
as pretend to it.
But which of thefe two,
^re for this Very Caufe the greater Crimes before Qod, may be left to all rational
men to confider.
In the mean time, I am mod fure of this. That whereas our firfl
Reformers did call the Church of Antichriftian, and did charge!
her with Innocent Blood, and did put the name of Scarlet-Whore
for this Reafon upon her : Yet now it is moft certain, the Stain and Dif^
credit of it, is in her eyes manifeftly leflened,if it be not wholly blotted out.
For it is impofTible that the Church of ^me fhould ever hereafter
grant, thefe things to be Stains or Crimes proper only to her, which fhe
doth not only fee, but can daily obierve fbme Proteftant Church or o-
ther to follow her in, upon fuch Grounds as are far lefs juflifiable in the
faid Proteftant Churchy according to the Principles they profefs, than
they are in her felf.
And that this is not a thing ever to be hoped or expe(fted from her here-
after, is the more clear in regard the faid Church of ^^me hath already,
in fb many words, fharply, and clofely Retorted it upon the Proteftant
Church : So that the VERY things which we blame the faid Church of
^me for, and for Which we accufe her Criminally, And which we pre»
tend to be the main Grounds, why we could no longer have any Com-
munion with her, which was her laying afide the fole Authority of the
Scriptures, And her perfecuting fuch as defired to walk according to the
Rule of it, fome Proteftant Churches have not only imitated her in, but
'have outgone her, and have done fb much worfe than fhe ever did, by
how much we have contradivfted the Principles we profefs, which fhe
hath not.
And that fhe hath caft this, as a Reproach upon us in words, and hath
alledged feveral Arguments to confirm it, and fuch as have not to this
very day been anfwered by us, is matter of FaB.
And if in all Courts of Judicature, matter of FaB, be good Evidence,
and if the higheft Evidence that can be given in matter of FaB is, when
the Fa<ft is able to (peak and atteft it felf,or wherrit is capable to be atteft-
ed to by thoufands, then is the Evidence which I here bring, every way
as good, and every way as vallid, to prove what I affirm. Which is,
That the Church of '^me hath endeavoured to juftifie and acquit her
G 2 felf,
i: =4 ]
lelF, from the Crime of unjuft Perlecution and Blood, by inftancing the
fame thing in the Pradlice of Proteftants one toward another : and therein
hath exonerated her felf from the fole Guilt of this evil, and from the
fole Guilt of her being alone that 'Babylon mentioned 17. which hath
been frequently fixed fingly upon her, and attributed to none befides her.
And fhe hath produced feveral Arguments alfo, and thofe of Weight
to make it appear, That Proteftants In their Perfecution one of another,
are far more unjuft, upon the Principles we profefs as Proteftants, than
Ibe is upon her own Principles, how much fo ever we have pleafed to
inveigh againft her, and revile her.
And thele Arguments fhe hath no way ftrupled publlckly and openly
to divulge in Englifh j to the end,that every man that is rational may the
better examine them, and judge of them.
And that we have not as yet pleaded to the faid Arguments, Or to
the Retortion fhe hath made upon us; either by denying the Fad it
lelf ablolutely, or by diftinguifhing the refpedive differing Circum-
ftances and Grounds of it, is alio well known. Whereby fhe hath
the more juft occafion to think, that thofe Proteftants that have thus
*perlecuted others, are conftioiis to themfelves of their own Guilt.
And feeing all this is pure matter of Fad, one of thele two Conclu-
fions therefore do leem to be impolfible to be avoided, Vi:^.
- That either we have done very evil in charging the Church of ^me as
Antichriftian, and in charging her as guilty of the Blood of the Saints,
which is mentioned \ 7. 6. (which muft neverthelefs be inevitably
charged lome where) and very evil to impofe the name of Scarlet-Whore
and of Babylon upon her. Or, If the Proteftant Churches have faid ijll this
really in Judgment and really in Truth againft her, Then have fome
Proteftant Churches done much worle themfelves, in being adually guil-
ty of the fame things, which have been fo crimiually charged upon her.
And if the Church of ^me be guilty of Innocent Blood, then none
that is fober can doubt, but (he muft at length be lyable to the extreme
Judgments of God for it.
And therefore if any Proteftant Churches have followed her in that
very Guilt, the lame judgments muft as unqueftionably come upon them,
and perhaps more fevere.
All to tie eii that all Proteftant Churches may be awakened, to
confider their great Dangev in this Cafe, if they have been Perfecutors
of their Brethren,
I need do no more, than to lay before them the exprefs Prophefie of
our Lord Jefus Chrift in this Cafe, That there fliould be fome
who delaying in their hearts the Confideration of his comings, fhould in-
ftead of giving a portion of Meat to their fellow-Servants, be found fmi-
ting of them. ,
The Bertlnancy^ Weight and Importance of loh'ich Brophejte of ChrlH mth re-
ference
[ 25 ]
ference e'X'en to the TJjemewe have at preient in hand, will appear very
clear upon the Grounds or Arguments following^ which are thele.
1. That for the certainty of the laid Prophefie, That there fliould
be fome Perlons that would be forward to finite others, we have a
double Teftiinony even by two of the Evangelifts, as Mathi 24. 48,49,
50,51. And Luke \i. 45,46, 47.
2. That the Perfons who would befo forward to fmite others, and of
whom therefore the Lord Ghriftfpeaks this, were to be of the Church,
and were to be thofe very Officers properly that were to be advanced in
his Church above others, is not only plain by the Circumftances of
the words themfelves, but is yielded to by all Expofitors, both Modern
and Antient.
3. That the Lord Chrift would not have mentioned fuch a thing ex-
prelly concerning his own Stewards, even concerning thole Officers which
were to have the higheft Rule and Truft in his own Church, Nor would
have left it upon fo good a Record to us, if he had not in his Wifdorrv
furely forefeen that this Cafe, (how notorious and ftrange fo ever it may
appear) would certainly happen in his Church, there is not the leafl Rea-
foil to doubt. And the lels, feeing we have another Teflimony left us
to this purpofe by St. Taul alio, ASls 20. 28, 29, 30. with reference
exprefly to the Officers of the Chrillian Church. Nor is it any way
difagreeable to the Analogy of Faith, That if our Lord himfelf fuf-
fered properly from his Church, (and his own Prophets, alio before
him) and fliffered from the very Rulers, Elders, and Overfeers of the
faid Church : Then his Servants fhould not think it a very ftrange
thing, (^and much lefs an impoffible). if they fuffered alfo from his
Church , and from Perlons of the very fame Note , Name , Rank^
Qiiality or Dignity in it, and efpecially feeing Chrift hath left a ftand-
ing Rule John I 5. 10. John i^. 16. Luke \ 6. 40. Ll?at the Servant is not
greater than his Lord^ and therefore is not to expe^ a Tri-vdege above his Lord.
4. That the Perfons who are to be fmitten by the Stewards, Prefe6ts,
or Chief Officers of Chrift's own Church, are o-u^/aAoi even their very
fellow-Servants and no other, fuch Perfons as own, and ferve the
fame Mafter, or Lord, which the faid Stewards profefs to lerve : and
fuch as have received the fame Teftimony of his Word, or the fame
Rule of his Mind and Will to them , which the laid Stewards and
Chief Officers have, is plain and unqueftionable alfo, even from the
words themfelves.
5. That the fmiting which is here fpoken of by the Lord Chrift
is, literally intended by him for adual Stripes, or for fuch external Pu-
nifliments, and Miferies which were to be inflided by the Chief Of-
ficers and Stewards of his Church , upon the Perfons of Men, is not
queftioned by any I know of, atleaft the contrary hath never been
.maintained m any Age of theChurch.
H 6. And
6. And it appears the rather, becauie the fmiting here mentioned, was
, to be of a Nature fo very injurious , fo oppreiTing and wrongful to
them that were flnitten ; Yea fo provoking to the juft Mind, and Tern-
per of the Lord Chrift ; That as an Argument how much he abhorred
fucha fmiting, and how much he Was difpleafed at it, he threatens the
laid Stewards and Chief Officers of his Church,Th^f he tpouhl cut the?n inJun"
der for it^and ivould ^iye them their Portion tinth the yery Unbelieyers, and Hypocrites*
7. \)(diieh Severity, it were unreafonable to believe, that he who was
lb meek a Mailer, would ever have threatned, and threatned elpeci-
ally againll the very Stewards, Rulers,and Officers of his own Houle,
or of his own Church, if he had not forefeen, that the Cruelty which
thele very Stewards and Officers would ufe towards others in fmiting
of them , would be fuch, and fo very miercilefs, that the faid Stewards
would be fuch, as woulddeferveno Mercy, or Pity at all from him.
For if it be a Rule, That they and they only^ are to recsiye Judgment with-
out J/M ercy'j who themfehes haye p^ewen or exercifed no Mercy^ James 2. i
Then it is impoffible, that thele Chief Officers and Stewards of* ChrifLs
Church, fhould be puniflied by him without Mercy, if they in fmiting
their fellow-Servants, had not utterly fliut out all Bowels , and all
mercy toward them.
8. And therefore the fumm of the Lord ChrilLs Speech, and the
end indeed of it appears both plainly, and briefly to be this. That as
there would be among the very Stewards, and Chief Officers of his
Church, iomethat would be forward tofmite their own fellow-Servants,
and to imite them fo cruelly, and in Rich a manner, as they would
fhew no kind of Compaffion , Bowels, or Remorfe at the fulferings of
them, though this were but humane :
So the faid Stewards fliould at length, moil certainly rneet with the
like meaRire of Treatment at the hand of the Lord himfelf; and fliould
not fail to receive the execution of his wrath and judgments upon.
them for it.
And thefe things being thus ellabliflied I fhall from the whole lay
1 down only two Pofitions, which I humbly conceive none can diipiite
with me (and much lels go about to baffle} that will not make an^
bpen mock of the Lord ChrilLs own Sayings.
. he ^ irji Propofition is ,
' Tl:at it can no way he denyed^ 'But among thofe yery Stewards^ Balers^or Chief
officers iphich xvere to he Jet oyer the Lord Chriffis oltni fhurch, fome ipould he
Jound fmiting of their feUoiy'Seryants^
J he Second Profofition is ^
Tmt it cannot he denyed^ hut among the faid Stewards^ ^ders^ or Chief Of
ficers of hps Churchy fome fliould and would he guilty of fuch a manner of Jmiting^
wronging, and ill treating of their felloii?=Seryants , as f?ouId and would
render them in the Lord Chriffis Efeem, no better than Hypocrites or Infidels.
And
: =7 ]
And if neither of thele can be any way queftioned, by iiich at ieafl:^
as qiieftion not the Validity, and Divinity of the Lord Chrill: his owri
Sayings, Then for as much as the Ruling Clergy of our own Church,
have Ibmetimes not only cruelly muld fome of their fellow-Servants in
their Goods, but have cauled them, to be imprifoned, whereby feme
times (through the hard ufage they have met with in Prifons, and for
want of thofe Neceflaries that might be convenient, they have loft their
Lives,) And confequently the Ruling Clergy of our Church, have been
guilty at leaft, of being Smiters of their fellow-S'ervants, and even of
liich of their fellow-Servants as profefs not only the fame Faith, but the
very fame Principles of Reformation that the laid Ruling Clergy do.
And feeing it is yet further matter of Fad, that notwichftanding the
faid Ruling Clergy have thus ieverely puniflhcd their fellow-Servants,
yet they have not fb much as charged or accufed them of any Vice,
Crime, or Immorality in their Lives, or Converfations, and much lefs
have proved any fuch thing againft them ; But have caufed them to be
beaten, and treated after this manner fmgly for this Reafbn and no other,
Becaufe in worfhipping the Lord Chrift, They chofe rather ftridly
to obierve his Mind and Will, according to the beft underftanding they
have of HIS Word, I fay, rather than to obferve any fuch Orders or
Rites as were not SO warranted. But were fet down only by their fel-
low-Servants, that were Officers of the Church above them. Confe-
quently then, the Iffue muft needs be very fhort, between the laid Ru-
ling Clergy,and their fellow-Servants that have been thus fmitten by them.
For either this imiting of them for this very caufe here rehearfed,
and for no other, IS Very wrongful in its Jdf^ as being againft the very
light of a mans Nature, and againft that Supreme and Primitive Obli-
gation which the Confcience hath indifpenfably unto God, above any
that it can have unto man, OR it is not -at all wrongful.
And either this kind of fmiting which hath been ufed and urged and
preffed for by the Ruling Clergy of our own Church, IS fuch a fmiting-
ets appears to haVe been without all fity or ^morfe to fuch as have been fo fmit-
ten and beaten by the faid Clergy. 0^ it hath not.
But if the fmiting we have here Inftanced, and Inftanced as matter
of FaSi be fuch as hath been ufed by the Stewards and Rulers of Chrifts
own Church, and ufed towards their fellow-Servants, but hath been ufed
Wrongfullyy And ujed without any manner oj "F^morje to the /offerings of the
Jaid FerJonSj whatever their fufferings be.
Then it muft either be the very lame kind of fmiting, with that for
which the Lord Chrift in this fpeech of his (that is thus Recorded by
two feveral Evangelifts) doth threaten the Rulers and Stewards of his
Church, that he will cut them afunder and account tlmn as*Hypocrites. OR it is
not the fame, NOR of the fame kind.
But it it be not of the fime kind. Then it concerns the Rulintr Cler-
H ^ ^ gy
gy rhemfelves to clear tbemfelves, and to give an inftance, what kind
of fmicing there is, or hath been ufed by the Ruling Officers of any
Chnffian Church, that is, or hath been more wrongful, and more inju-
rious than this,and that is more remOrflefs and cruel than this, which the
Lord Chrifl doth here condemn, and will certainly take vengeance for.
For fome Cafe we muft neceffarily and unavoidably put, (unlefs we
will deny or make a Mock of the Lords Chrifts own Words,) and
fuch a one, a^ we may give a -fufficient Inftance of, even an Inifance
in a Chriifian Church, between the Rulers and Officers of the faid
Church, and others belonging to the lame Church, wherein the wrong
that is to be done by the faid Ruling Officers, in finiting others of the laid
Church, is to befo extremely evil, and fbperfedly injurious and cruel,
as that the Authors of it, will neither merit any Mercy from the Lord,
nor are according to his Word, to expert any Mercy from him.
From the Confideration of the Premifes, thefe following things are
humbly prefented to the Confideration of the preient Ruling Cler-
gy of our own Church ; fome of which (if not all) it is to be ho-
ped, are men of tender Flearts, like the good King yo/w/? that trem-
bled at the Reading of the Word of the Lord in the Book of the
Law, Vi:^.
That for as much as we have Rated or infianced fuch a Cafe as is mat-
ter of Fad:, and flich as cannot be denycd to be ufed, or pradifed by the
"Ruling Clergy of our own Church, towards others of the fame Church
and Profeffion of Faith with themfelves. And in as much as we have
Rated it exprefly in order to the clearer evidencing of the Guilt of the
faid Clergy, by Veaion of their faid fimiting : and for Convidion confe-
quently of the Judgments that they are (without Repentance) inevitably
lyable unto lor it. We do therefore further fay that.
If the laid Ruling Clergy Riall in any refped diiallow the faid InRance,
or ihall think it meet to exonerate themfelves from the Guilt,
that is by the faid InRance intended to be charged upon them. Then
we fay that, *
They cannot avoid theinRancing or Rating of fome other Cafe, rela-
ting to the Rulers or Stewards of the ChriRian Church, and to their
finiting of others in the faid Church, and to the evil of it, that muRbe
more agreeable to what the Lord ChriR here Condemns, than this In-
Ranee or Cafe is which we have here mentioned as matter of Fad.
Nor can they avoid the InRancing or Rating of fome other Cafe, that
muR merit confequently more Puniiliment from God and that muR be in
its own Nature far woile, and iTiUch more injurious cruel and remorflefs
than the Cafe which we have here inRanced and Rated is.
Nor can they avoid the inRancing or Rating fome other Cafe, that
raiiR much more properly Relatb to ^abylon^znd to that particular and ex-
prels Charader, or broad Mark, that is fet upon her, by the Angel or
ApoRle
[ 29 ]
Apoftle (^Velat. 17. 6.) than this particular Inftance or Cafe doth'^
which hath been inftanced relating to the Ruling Clergy of our own
Church ; which is here mentioned : Or elfe they mull fay that, that
Vifion of the Apoftle is not to be regarded by us.
ISor can they avoid the inftancing or ffating of iome other Cafe, dif-
fering from what we have here mentioned, that muft for the nature and
kind of its fmiting, be wholly agreeable to the Pra(i^ife of the Church
of ^7ne, and to the Ruling Clergy of it, and not at all agreeable to the
Pradtice or Cuflom of themfelves.
But if the Ruling Clergy of our Church cannot flate any fuch Cafe,
relating to the fmiting of others of the fame Church, and faith with
them, which fhall manifeftly differ in all thefe four Circumflances, from
the particular Inftance or Cafe we have here mentioned, and which eve-
ry man knoweth is JMatter of FaSl^ then thefe two things will be impoffi-
ble to be avoided by the .Ruling Clergy of our Church, as
Firfl, that they will never be able to fhew us wherein, the Grounds
or Principles upon which they proceed to the Smiting, Punifhing, or
Perfecuting of their fellow-Servants, are not only different but far more
jufiifiable than thofe, upon which the Popifh Clergy proceed in their Cru-
eity and Perfecution of the Proteftants. And
Secondly,they will never be able to give us any clear Reafon,and much
lefs any Cogent and Invincible Arguments why we fhould believe. That
the Judgments of God will unqueflionably reach the Church of %ojne for her
Cruelty,and Perfecution of the Proteflants,but will not reach at all the Rm
ling Clergy of the Proteflant Church,for their Smiting and Perfecution that
they areguilty of againfl their Brethren of the fame Faith and Reformation;
Which two things we may be affured, that all the tender-hearted
of the Ruling Clergy of our Church, will lay to heart: There
being fbme things, which that Holy Man of God even the Prophet
T>avid fometime had done for which his Heart fmote him. And
fome things he was about to do for the prevention of which he gave
folemn thanks to God. For we find that DaVids Heart fmote him
after he had numbered the people,, and after he had but cut off the
Skirt of Garment, i Sa)?i. 24.10. audi Sam. 24. 5. And he
gives folemn Thanks for Abigails being an Inftrument to prevent
him from filed ding Blood , 1 Satn. 25.
For if the Church of (!{ome do punifh others really, and indeed upon
the Principle of Difobeying her Authority, though flie dare not pretend
this openly, left her Cruelty and Blood-Guiltinefs, hmg for mother Caufe^
fhould be fo manifeft, that it would never be able to admit of a compe-
tent Apology, Colour, or Excufe. jind therefore leaVmg this fhe infifts
upon the Ground of Her Perfecution, as it is for Herefie only.
But if we on the other hand, punifh others not only with lofs of Goods,
but with lofs of Liberty , Banifhment, and perpetual Imprifonment,-
I which
C 30 ]
which is far more Cruelty than Immediate Death it ieLf, (and Would
be more willingly choien by moftmenj and do all this, for a Non-con-
formity, and Difobedience to the Orders, and Rites of the Church,
without fo much as a pretence to any Guilt of Herefie, Then
Where is the difference between thefe two forts of Perfecutors, unlefs
the Ruling Clergy of our Church have done it more daringly, and more
Broad-facedly than the Church of ^me doth ?
But, which "is more to be confidered and laid to heart.
If the Church of %ome do not puniih thofe that acknowledge her to be
a True Church, but thofe only that condemn her as afalfe Church, and
who do under this Notion profefTedly ieparate from her as from that ^ahy*
Ion mentioned in the ^yelations.
And if we on the other hand punifh thofe that own, not only the fame
Faith and Doctrine, But the very fame Principles of Reformation with
our felves, and who therefore give no jufl Provocation nor ufe any fuch
reproachful Language to our Church as the Proteftant Churches gene-
rally do to the Church of ^me.
Where then' is the difference , unlefs it be that fhe renders evil
to her profeffed Enemies, who cannot but openly own a Hatred and
Contempt for her. We infliit all manner of Evil upon our Brethren, that
fupplicate for Peace with us, and would be glad not to feparate from
us ? and which of thefe two then is the more ingenious ?
But which is yet more,If we as we are Proteflants,cannot but grant that
there is to be a Subordination of the Church, not only immediately to
the Lord Jefiis Chrifl himfelf, but to HIS Word, and that we utterly
deny that he hath any fiich Orie, as a ^car upon the Earthy and utterly de-
ny that any man whatever hath any power to difpence with the Com-
mands of our Lord JeEis Chrifl, fb far as they appear to be clear to us
from his Word,wherefore,if we notwithflanding we make thefe things to
be the very Profeffion of our Faith, yet fhall never punifh any. But fuch
as keep exactly to all and every of thefe Principles, and fhall obferve
them confcientioufly,and flridly. Whereas the Popifh Clergy on the con-
trary, punifh none hut fuch only who deny or oppofe wholly the things
which their Church affirms.
Where then is the Reafbnablenefs of our Punifhment, and thellnrea-
fonablcnefs of theirs ? and which of thefe two hath the greater Refem-
blance ofHypocrifie,even in our own Judgment ? whether our Punifhment
Or theirs ? feeing we punifh men for following the Principles we allow.
They never punifh any but for following thofe Principles that they total-
ly difallow.
But the evil of this Perfecution further appears thus, for if we as Pro-
teflants fay we have feparated from the Church of ^me out of Confci-
ence. Firfl, becaufe flie impofed thofe things that were Infcriptural up-
on us. And fecondly, becaufe flie was guilty of Blood, and that the
Charadlers
C 30
Ghara(fiers of a falfe Church did for both theie Reaibns lye upon hefj
and therefore that we cannot but give thanks Iblemnly unto God for our
Deliverance out of her power.
And if the Ruling Clergy of a Proteftant Church, have neverthelels
not Ipared to periecute unto Blood, even thole that have not only out of
the fame two Motives, leparated with us. But by perlifting conftantly
in the faid Motives, do daily jiiftifie us.
How comes our Blood and Ferlecution to be lefs finful than hers ?
and why Ihould it be lefs crying unto God ? for had we never lo intently
ftudied, how we might have put the greateft ftumbling-Block we could
before our Adverfaries, or how we might have brought the greateft Ble-
rnilh, Scandal and Reproach that was poftible upon our Reformation i
or how we might have opened the Complaints and Exclamations of
men moft againft us j What Cburle could pollibly have been taken^ to
all thele ends, that could have been more effectual than this ? For how
can he that is thus perfecuted by the Ruling Clergy of a Proteftant Church,
give Thanks unto God Iblemnly, for his Deliverance out of the Church
of (Z^07we's Thraldom,when the very fame Perlbns,that pretend to be deli-
vered with him, Impofeth neverthelels the like Thraldom upon him ?
Or how lhall he that is thus perlecuted, beany way able to imagine, and
much left to believe, that the Church which perfecntes him, is lerious
in her ProfelTion of Thanks unto God for her own freedom, when flie
is no fooner freed her felf, but Ihe brings others into the fame Hardlhip
and Servitude, that Ihe her lelf did but a little while lince, greatly com-
plain of and groan under ? But leaving thele things to be moft lerioufly con-
fidered, by all Proteftant Churches in thele three Kingdoms, and elle-
where, even by all whomlbever they Concern ; I lhall now proceed to
give in this place,
A Uefcripion of ihe Ahfurd, Ridiculour and Contemptible
Grounds and Foundations on iphich the Papifls Build.
Though nothing is more Evident than this, that the Thraldom or
Bondage of the Church of %ome^ doth principally confift in the difagree-
ablcneft of her Dodtrines, to the Rule of the Scripture, yet neverthe-
left it is JMatter of That the Church of %ome doth not in plain,
and expreft Terms deny the Truth,or deny the Authority of the Scripture,
or deny the end of them as they are appointed for the Church. And if
we cannot for this Caule juftly charge her with any of thele things j
Then we mull necelfarily grant, that the faid Dodlrines fo far as they
are corrupt, and have a real Inconliftency with the Scripture it felf, could
have their Rile at firft no otherwile,
"Tl^an by "Vertue of her Authority as a Church. And conlequently, that as
they had thus their Rife at firft, fo they have had their whole Mainte^
nance and Support, ever fince, no otherwife than as this Authority being
I 2 Jhfolnte
[?^]
\Ahfolute and Arh\trayj hath defended them againft whatever might be faid
from the Authority of the Scripture, in oppofition to them.
And therefore here we fliall lay open her Shame and Nakednefs,
and her great Abfurdity, that lyeth in the Manner and Method,
and Nature of her Policy. For the Acquiring of that Arbitrary, Ab-
folute and unlimited Power which fbe exercifeth.
And 'firft, we find that fhe doth upon her own Authority affirm, 'That
it is neither the Letter of th^ Scripture^ nor the Grammar of it^ how TUiny Clear^
or Exprefs foeVer it he^ that doth or ought to hind the Confciences of meUy hut the
fence of the faid Scripture only. And
Secondly, fbe doth affirm, That it is not the fence of the Scripture alfoy
trhich doth or can any way direfily hind the Qonfciences of meity if this fence he confix
dered nakedly in it felf (either as liter aly or myflical) hut that the faid fence is
capable of hinding only confidered as it is Catholick. And
Thirdly,it is not either in the Letter or in the (grammar of thefaid Scripture ^
how clear or plain foe^er it he, that the Thine Authority of it is placedy hut fimply
and only in the fence of it as this fence is the fence of the Unherfal (fhurchy and
therefore that fence tvhich is properly called (fatholick.
Which Propofitions, fhe having in her Prudence thus peculiarly laid
down, as the Grounds or Foundations not only of all Chriftian Faith,
but of all Chriftian Verity and Truth it felf.
In the next place ffie builds upon thefe unfound Grounds^ an Af-
fumpcion that is parallel to them, and that is every way as entirely her
own as the former, That fhe alone hath not only the ^ight (as exclufive
to all others) of Tijfencing this Catholick Sence to all the CMemhers of the Chri'
Jiian Churchy hut of difpencing it in order to their Sahatioiiy and hath inherent
in her, the full and abfolute Power finally, and Inappealeably, to de-
termine at all times, and upon all Occafions, what the faid Catholick
Sence is concerning all Points whatever that may be controverted, and
concerning all places of Scripture whatever that may be doubted of, or
difputed.
And that as this Power is abfolutely neceffary for the Prefervation of
the "Unity, fb for the Prefervation of the Purity of the faid Chriftian
Faith : in regard it is impoffible, that fiich a Sence of the Scripture as is
wholly Univerlal and Catholick fhould at any time Err.
The Conclufion then (if all thefe Premifes be true) is. That the Church
of Rome is to he helieyedy and that all her Determinations irhateyer they he are for
Confcience fake to he Oheyedy and Submitted untOy eyen hy the whole Chriftian
Churchy 'trithout any Dispute or without Jo much as any Jcrupleof Mind.
This Conclufion, being that which all the Partizans and Champions of
the Church of ^oriiCy do labour with Might and Main to bring every
man to, and therefore it is the fame with that Security and Reft, which
they pretend ail men may have, not only with abfolute Safety, but with
abiblute fatisfacftion, in the Bofom of their Church.
But
[ 3? ] _
But indeed cliis Concliifion hath not any tendency to Salvation at all^
but is quite contrary to all that is alledged, and leads exprefly to nothing
elie biit to the utter Overthrow, and Subverfipn of-the whole Scripture
it felf, with the Mind, Law, Will, and Counlel of God, lofaratleaft
as depends upon Revelation j in regard it puts the Scripture, together
with the whole Authority of it, (chough Divine in it felfj ablolutely,
perfedlly, and entirely into the Arbitrary Will and Power of the faid
Church.
And therefore the Proteftants upon Confideration of the extreme MiP
chiefsj that miift of neceihcy follow from fuch a Conclufion as this, they
do with Indignation rejedt it. And
Firft, The Proteftants do wholly deny, that the laid Church of ^me
hath any rightful Authority to make null the Grammar of the Scrip-
ture.
Secondly, The Proteftants do much more deny, that (he hath any
Right to inftitute or let up fuch a Sence of the Scripture, (under any
name or pretence whatever) that is either oppofice to the Grammar of
the Scripture, or that ac-leaft pretends that there is not a neceftity to fol-
low and obferve the Rules of it.
Thirdly, Confequently they utterly deny, that fhe hath any Right
to transfer the Authority of the Scripture, from the Sence proper to the
Letter ol it lelf, to liich a Sence as is only and properly hers. And
Fourthly, They deny, that fhe hath any Right or any Power to fee
up any Sence of her own at all, which is not ablolutely fubjedted to the
Rule and Authority that is inherent to the Scriptures, Letter, and Word,
with the proper Sence of it, as this is and ought to be Supreme to all
others.
Fifthly, And they do much left acknowledge, that flic hath any fuch
Right in her, or derived to her therefore, as to make her Sence of the
Scripture (or what fhe declares to be lb,) the Sence of the Univerfal
Church.
Sixthly, Or that fhe hath any Right to make her fence of the Scripture,
to be the Abfolute or Supreme Rule of all Infallible and Chriftian
Truth, or to difaliow any Appeal from her proper Determinations, to
the living Rule of the Scriptures- Grammar, and to the Letter or Word
of it.
Seventhly, And the Proteftants denying all thefe things, they do de-
riy therefore that (lie hath any Authority, Power, or Right to difpence
with. That Duty and Obligation which is divinely and ablolutely laid
upon the Confciences of men, which is, To obey the Word of God in
thelitteral, plain, and exprefs Sence of it.
Eighthly, And the Proteftants do deny conlequently, that the Con-
fciences of men are, or can any way poftibly be obliged to her bare De-
termination of the Sence of the Scripture. Efpecially lo far as this is fet
C 34 3
Up abfolutely by her, and is not dependant upon any Sence proper to
the Words, and Grammar of the Scripture it (elf.
All and every of which Powers,as the Proteftant Church doth wholly
deny to the Church of ^me •, So for as much as the Church of (/^o;«^,can pre-
tend to no one of the faid Rights, or Authorities now mentioned, o-
therwile than as it mufi: by fbme means or other, be lawfully conveyed
or derived to her.
The Proteftant Church therefore challengeth her and provoketh her,
to fhew that fpecial and peculiar Commiflion, by which SHE and
SHE alone is impowered to do all or any of thofe things before
named.
Becaule,without this Commiflion can be produced, and produced upon
fome Clear,Evident and SufficientWarrant or Ground,for it: All Her pre-
tences to the faid Authority, (feeing it is fo manifeftly deftru(Slive to the
Scripture it lelf,) muft needs appear to be, not only Precarious, but very
frivolous and very abfurd.
The Church of ^me being thus challenged and provoked in the point
of her Commiflion, and yet well knowing that there is nothing which
file can poflfibly appeal unto for the proof of her Authority, befide the
Scripture it lelf.
She becomes hereupon, to be leveral ways diftrefted and perplexed.
Firftj becauie flie finds that fiie cannot allow of the Grammatical Sence
of the Scripture, in any one Cafe whatever. But fiie muft neceflarily,
and unavoidably allow it in all other Cafes alio, where it may equally
and with as good warrant be alledged.
Secondly, fiie difeerns, that'if fiie fiiould allow the Grammar of the
Scripture to be Authoritative at all, fiie fiiould never be able to prevent
the pretences that others would have, (even among the Laity it felf)
to be as competent Judges of the laid Grammar as her felf.
Thirdly, befides thefe two extreme Inconveniences (which by her
are not to be endured) fiie evidently alfo feeth that the Words of Scrip-
ture themfelves, will not of themfelves, by any diteral Conftrudion or
Expofition of them,'be fufficient to prove any fuch Authority as fiie claims,
and that fiiould the words of the Scripture be urged therefore,no further
than according to the exprefs Tenor of them,or according to the fence that
the Grammar it felf would bear of them, file fiiould be lb far from gain-
ing the Power and Commiflion which fiie pretends to have a Warrant
for, that inftead of it, fiie fiiould expofe her Authority to a manifeft ha-
zard, even not only to be lifted, ventilated, and difcufted by others 5
but as freely cenfured by fuch as fiiould obferve the nature of her Infe-
rences, and how weakly and infirmly they are deduced, with relped
to the genuine Force or Conftrudion of the words themfelves.
And therefore as for all thefe Reafons, fiie apparently difeerns that the
Grammar of the Scripture is an Ad verfary abfolutely to her , fo fiie doth
as
i: 1
, , L. ^ -J , ,
as fmartly and dexteroufly perceive, that the Scripture it felf, were the
Authority of it allowed to be in the Grammar, would be as great an
Enemy every way to her, as even the literal and Grammatical 5ence of
it is.
For in as much as thefe three things are at once both equally and necefla-
rily Incumbent upon her, and fuch as eannot^ny of them poflibly be
dilpenfed with by her, Vi:^.
Firll, to prove the peculiarity of her Authority above any other Church
befide her whatever. And
Secondly, to juftifie the Incorruption of her Dodfrine, And
Thirdly, to preferve the pretence that flie hath by this conlequently
to Infallibility.
And feeing thefe three do fo much concern her, that it is a thing
very plain, and very eafie to perceive, that unlefs they can all be main-
tained, upheld, and defended in logie meafure rationally by her, fhe
can no way keep up her temporal Power, nor any way avoid a lyable-
nels to a Reformation.
Wherefore having upon a due and feridus furvey of the Letter and
Grammar of the Holy Scripture, fufficiently found, and clearly obler-
ved, that the Scripture as thus ftris5tiy confidered, in the Order, Difpo-
lition, and Conftru6tion of its Letter, will never be ferviceable to her
in any one of thefe three Refpedts: but will on the contrary, exprelly
oppofe her.
As fhe is hereby exprefly convinced tlie'n, that there can be no caufe
why fhe fhould magnifie the exprefs word of it 5 and much lefs any caufe
why fhe fhould trull in it, or appeal to it, fb left that others fhould be
carried away with a rational Opinion of it, and fliould for this caufe be
induced to urge, and prefs feveral things againft her from it ; She faw it
but necejfdry that (he jhould come to a deliberate ^folution with her Jelf^ To tpea»
ken the Credit of the Scripture l^^hollyy and not only to deny all Authority^ and c
yen all DiVmity it felf to be in the Word^ Letter, and Grammar of the Scripture,
(ftriblly confdered by it felf) but to deny alfo that any Sence is capable to be certain"
ly had from it, or any truth that is infallible, "which how bold a thing foever it might
feem to be, yet f?e fa"W it no "Way ayoidable by her, becauje fhe had no "Way bejides
this, to fecure her felf againft all that Inconyeniemy, that jhe kne'W the Scripture
would and ?nuH other'Wife caH upon her necejjarily, by yertue of the expreffnef and
Authority oj its Letter.
Having then taken up this Refolution in the firft place, confidering
neverthelefs maturely with her felf, that if fhe fhould caft off all her Re-
lation to the Scripture wholly, and entirely, fhe could not maintain the
very Authority of the Church it felf; and much leis fhould be able to
defend either the Divinity, or the Infallibility of thole things that are
fought by her ; She therefore cometh to a fecond Relolution, which fhe
judgeth no lefs neceflary and expedient for her than the former,, yioa. To
K 2 maintain
[ !« ]
maintain the Divinity, and fet up the Authoricy abrolutely of the Scrip-
ture, though not in the expreis Letter of it, nor in the Sence proper to
it, yet (as we have faid already) in another .Sence that fhe lets up in-
ftead of it ; That is, according to fuch a 5ence which fhe judges con-
venient that fhe her felf fhould (as a Church) put upon it, and put
upon it in fuch manner alio, and with fuch a Conftrudlion and Expo-
fition, as might be inoft futable to her own end ; and mofl anEverable
to her own particular Intereft : which Sence fhe therefore ftiles by the
fpecious Name or Appellation of the Catholick Sence , or of the
Sence of the Univerfal Church , in diftindtion at leafl from (and
for the better avoiding of) that Sence which is truly literal, and is pro-
perly Conflrudive and Grammatical.
And as it is this Sence alone therefore as Catholick, that fhe confines
both the Authority and Divinity of the Scripture to, and that alfo en-
tirely : So fhe doth this in her own more than ordinary Judgment and
Prudence. In regard fhe is fure that this Sence will ncA^er fail her, but
will always be ready to abett whatever fhall upon any occafion be deter-
mined by her : Becaufe this Sence requires no deeper Reatbn, nor any
firmer Bottom or Ground at any time for it; Than what refolves it leif
at length into the meer arbitrary Will and Pleafure of her felf. And lb
ilie can never be accountable further for it, than barely to declare it or
affirm it to be the Catholick Sence j becaufe flie faith it is the Sence of the
Univerfal Church.
And is mt this rare Policy ?
And therefore to juftifie this medly Sence, which (if what fhe faith
be true) is both the Sence of the Scripture, and is not. And which
muft neceffarily be the Sence of the Scripture becaufe the Church will fo
have it; and not becaule it is a Sence really, properly, or radically in-
herent in it. To julbfie alfo her Rightful throwing off the Authority
of the Grammar it felf, and to juftifie her transferring the whole Divi-
nity of the Scripture, from the natural Order and Conftru^lion of its
Words, to a Sence,altogether forreign to its Letter, and to the expreff-
nefsof it.
I fay to juftifie ALL THIS fiie pleads her own Authority, not
only as Divine, but as abfolute, and infallible : and coniequently
as that which ought to be fubmitted unto by every one, and that
readily as to the very Ordinance, and Appointment of God him-
felf.
Which being the very Queftion it lelfthat was in dilpute, and that ve-
ry thing therefore that was firft of all neceftary to be proved by her, Ihe
is conftrained by this means whether fhe will or no, to run round in a
Circle^ V/,^.
To prove her proper Authority by the Catholick Sence of the Scrip-
ture, And
To
/
C 37 ]
To prove the Catholick Sence of the Scripture by vertue of her prd-
per Authority.
And at length not only without all ground, but without all fliame or
fence of Juftice, to beg the whole Argument it ielf in Controverfie be-
tween us: Than which we lay,there can be nothing whatever,that is either
more unreaibnable, or more impudent and bale.
And having gotten her Authority therefore in this manner, not only,'
or not fo much by Ihulfling, as by plain fnatching it ; and being confci-
ous to her felf that it would be a very vain thing for her, to luppofe (he
fliould be able to defend the faid Authority, by any better Argument than
that very Stratagem Ihe made ule of it to prove it: Ihe concludes it to be
moll fafe to maintain it therefore,in the fame manner as flie got it; which
is by force,and therefore refoWes to punilh all men with Death, that will
be lb hardy as to deny it; lo far at leall as her Power or Mediation can
any way extend to do ic^
And yet left the Qiiarrel fliould by this means look as if it were too
perfonal, and too private, and that luch Princes as were left concerned
at it, fliould not be much dilpofed to ingage with her in it ; She, as if
flie were Pious in the very Execution of her Malice, pretends this flied-
ding the Blood of men (though it may feem indeed to be very fevere
yet) is abfolutely necelfary : not fo much becaule they difobey her as
becaufe they difobey and oppofe the Catholick Sence of the Holy Scrip-
ture. In which Catholick Sence all the Authority, and Divinity of if,
(if you will believe her) is properly placed, and that by oppoling of this
they oppofe by Conlequence, not only the Catholick Faith of the Church,
but the confent of all Chriftianity it felf. In the unqueftionablenefs of
which, the Security and Salvation of men can only and alone reft ;
which pretext is another part as well of her Ablurdity as of her Vio-
lence and Fraud.
That notwithftanding flie neither hath nor can prove any Obligation
that men in Confcicncc can have to her Authority, or to rely upon the
Determination of it. And though flie cannot otherwile require the be-
lief of it from any, but as it is a thing meerly precarious, yet flie puci
all to death that yield not to this abfolute Ufurpation of her Power.
The life of this lajl preceding Vifcourfe.
From this brief Scheme or fummary Prolpecft of the Nature of this
new and peculiar Policy of the Church of ^me^ We may eaftly make
a meafure of her Wifdom, as well as of her Truth ; for by this fliort
State or Account that we now have of thefe Motives which did mainly
induce the faid Church, intirely to lay afide the exprefs Letter and Gram-
mar of the Scriptures, (at leaft as to the Certainty, Truth, or Infalli-
bility of it) we may eaftly have a view of feveral horrible Abfurdities,-
Contradidions, and indeed Impieties, that flie is by this means forced,
and necelfitated to fall into, of which we fliall now mention a few Par-
ticulars. L Foi:
t
t
[!n
For firft as it is ^Matter of FaH (which is the moft infallible Evidence
in the World) that all the Doctrines of the Church of do depend
folely upon The Authority of the Jaid Church : So it is Matter of FaH equal-
ly, Tlyat both the faid ToHnnes and the faid Authority it Jelf (which upholds
the faid Doctrines,) do depend upon the Catholick Sence of the Scrip-
ture. For the fame Reafon therefore, it is even from the ftri6lnefs of the
Connexion and mutual Dependance of thefe three one upon another.
That as the Doctrines of the Church of ^me^ muft necelTarily be all of
them True, and all of them Divine, If the Authority of the laid
Church is altogether True, and altogether Divine : So alfo the Autho-
rity of the Church of muft be unqueftionably Divine, If the
Catholick Sence of the Scripture upon which it is alone built, be abib-
lutely Divine and free from all poffibility of Error.
And coniequently then, as the fureft proof that we can poflibly have
of the Divinity of all the Dod:rines of the laid Church , doth lye in
the proof the divine Authority of the laid Church, and in the lure-
nels of it: So the fureft proof of this doth lye in the proof of the Ca-
tholick Sence of the Scripture, in the Proof, that this Catholick
Sence is both divine and infallible, and free from all manner of Error
imaginable.
For it is this Sence alone that gives being to the laid Authority.
In as much then, as it is ftrongly alledged that the Catholick Sence
cannot polTibly hut be Divine, Infallible, and free from all manner of
Error : The Authority of the faid Church therefore muft necelTarily be
Divine, Infallible, and free from all manner of Error, and therefore it
is impoffible, but the Dodrines which are taught by the faid Church,
muft be fuch alio : that is, They muft be Divine, Infallible, and free
from all Error.
So then, theie three are and muft be all of them Divine alike,
The Dodrines of the Church of ^me , and the Authority of
the faid Church, and The Catholick Sence of the Scripture.
And coniequently, the Sence of the Univerfal Church muft be as
Divine as any of thcle three, Becaule the Catholick Sence of the Scrip-
ture, and the Sence of the Flniverfal Church is but one and the fame,
(Et qui& in codem Tertio cowveniunt inter fe conveniunt) wherefore leeing of
all thele. The Catholick Sence of the Scripture is-—77?^ mam and fure
(Bafis of all the refl and that upon the Divinity, certainty, and infalli-
bility of This, ALL the Divinity, Authority, and Infallibility of the
Church of , with its whole Dodrine doth, and muft wholly
and intirely depend. The abfolute and unqueftionable Certainty or
Divinity of this therefore, is firft to be cleared : leeing this (as we laid}
is of all others the moft ftrongly alledged.
To one that is an apt Schollar to underftand, and receive whatfoever
the Church of ^me teacheth, we fhall here fhew how this is, by
her cleared. . To
• C 59 ]
To evidence then the truth of the Catholick Sence of the Scripture^
how Infallible and Unqueftionable it is, and to manifeft not only the ne-
ceflity, but the abfolutenefs of its Divinity, We need not much more
than one Reafon, becaule this doth of it felf upon the matter, amount
to a Demonftration; (which is,) That there is nothing more clear or more
certain, than that the faid Catholick Sence neither really is, the Sence of
the Scripture, nor really is not: nor any thing more certain, than that
the (aid Catholick Sence is Both : That is to fay, both it is, and it is not
the Sence of the Scripture. And that we may be yet the more fiilly and
diilin^tly inftrudted in the nature of this Miftery, and of the ftrangeneis
of it, we are to know, That the extraordinary wonderful, and peculiar
Power of this Catholick Sence, lyeth, in the fingular Relation which it
hath to the Univerfal Church, and to the Scripture as it is the Sence of
neither of them properly and entirely ; and yet is the Sence of both of
them at one and the fame time.
For though this Catholick Sence cannot be had without the Scripture,
and though it is, and muft neceffarily be given therefore to the faid
Church by the Scripture. Becaufe it is the Scripture only that the faid
Church doth always refer to, when it doth at any time cite, or alledge
the laid Sence as it is Divine. • And confequently though without the laid
Scripture, it had been wholly impoifible that the faid Church Ifiould ei-
ther have Challenged or laid Claim to any Truth that had been Autho-
ritative or Divine. Notwithftanding this. The faid Catholick Sence both
is given, and muft necelTarily be given to the Scripture by the faid Church 5
becaule without the faid Church, it would be impolTible that this Sence
fhould ever be found out in the Scripture it felf, in regard nothing is more
certain, than that the Scripture hath of it felf properly no Sence at all
(at leaft none that is True, Certain and Infallible, but as this is by the U-
niverfal Church, and by the Prudent Care and Forelight of it beftowed
upon it. And (b we muft unavoidably grant, that though the Catho-
lick Sence be hut One, yet this One Sence is both created by the Church for
the Scripture, and created by the Scripture for the Church, {Which is d
"Very rare and mufual fort of ^roduBion.
And therefore it will follow alfo : that if we regard the Truth, Cer-
tainty and Infallibility of this Catholick Sence, it is wholly and entirely
from the Church, becaufe neither the Authority properly of it, nor its
Divinity, doth conlift in its Truth, or in its Certainty, If we regard
the Divinity and Authority of this Catholick Sence, it is not only origi-
nally, but entirely from the Scripture : becaule it may be Divine, though
it have neither Certainty nor Infallibility in it, (at leaft) as the
Church of %ome tells us. And confequently, the laid C.^tholick
Sence conhdered as it is ftricftly in the Scriptures, hath indeed both
Authority abfolutely iil it, and Divinity ; but it neither hath Truth,
Certainty, nor Infallibility. But confidered as it is ftrictly in the Church,
Li k
[4oT ;
it hath both Truth, Certainty, and Infallibility abfolutely in it. But it
hath not for all this any thing of Divinity, or Authority j for this it muft
borrow from the name of the Scripture.
So that it is plain. That the faid Catholick Sence is neither the Sence
of the Church properly and entirely, nor the Sence of the Scripture pro-
perly and entirely, and yet that it is the Sence of both of them entirely.
And the Realbn for this is alfo plain, Becaufe according to the Do-
•^trine of the Church of the Divinity of the Catholick S'ence is om
thing: its Truth, and In^Mhilky is quite another : for though the Church
can give to the Catholick Sence its Truth and Infallibility entirely, yet
flie cannot give any part of its Divinity.
And though the Scripture, can give to the Catholick 5ence its whole
Divinitv ; and confequently its Authority entirely yet it cannot of it felf
give it any thing of truth, or any thing of Infallibility, but this it muft
have from the Church.
So myftically is this Catholick Sence parted and divided between both.
By which partition of the Catholick Sence (which is ftrange) we come
to know another thing alfo (which is as flrange) and which otherwile
we iliould never have been able to have found out , That though
the end of giVmg the Scripture wm WKiueflionahly for the enlightening <^i]'mg and
Governing the Churchy yet the end offetting up the Church was equally alfo for the en*
lightening ^ding and Goyerning of the Scriptures, .
Which as it is a Confequence that can no way be avoided by the
Rules of the Church of d(owe, fo it is as manifeftly abfurd as all the reft.
Secondly, The Divinity of the Catholick fence with the neceflity abib-
lucely of it, will appear alfo yet the more clearly if we fliall confider,
that unlefs we do admit the Church in the firft place to be holy, infalli-
ble, and free from all manner of Error imaginable, it will and muft be
impoITible that the Catholick fence^of the Scripture fliould be abfolutely
True, Holy, Infallible and free from all Error. Becaule the ience of
the Scripture becomes thus Catholick, Holy, Infallible and True, only
as it is the fence of the Catholick Church firft, and as it is bj this means
derived to the Scripture it lelf. And for any to feek a fence* in the Scrip-
ture therefore that is Holy, True, Infallible and free from all Error a-
lone by the Scripture it felf, without the Dire6lion and Aftiftance of the
laid Catholick 'or Univerfal Church is manifeftly abliird. Both becaule
the Scripture hath properly of it lelf no fence at all that is certain : and
becaufe it is the immediate Authority of the Church only, upon which
the fence of the Scripture fo far as it is properly Catholick, Infallible,
and abfolutely True is wholly and entirely built.
And yet on the contrary, in regard it muft be confelTed that the Church
could not polTibly have fo much as either Name or Being, were it not
for the Scripture it felf, and much lefsthat it could have thole Privileges,
<5r that Authority placed in it which it challengeth above all others for
being
[41]
bfcing Holy, True, Infallible and free from all manner 9f Error. Un-
iefs we admit therefore the Scripture in the firfl place to be originally
True, Holy and Divine,and therefore to contain all Authority and Truth
prmitively in it felf, that is Holy, Abiblute and Divine : and that by
reafon of this its primitive Sanvfbty, Divinity and Truth ; it hath a pow-
er (imply and properly of its (elf to confer a Divine Right, Authority,
and Inlallibility to the Church, it will and muil be impollible that the
faid Church, fhould be any way impovVered or enabled either to teach
fuch DoTrines as are Certain, True, Eloly and Divine, and without a-
ny fallibility whatever ; or that it flioiild be able to declare, what that
fence of the Scripture is, which is abfolutely Holy, True, Infallible and
free from all manner of Error. Becaufe if the whole being of the Church
is entirely from the Scripture, then not only all the Holinels, Truth,
and Infallibility of the faid Church,with the truth of whatever it teacheth,
but all the Authority alfo,which it hath or challcngeth by realon of any of
thele extraordinary Properties, is, and muft unavoidably be built upon the
Scripture alio, and upon the primitive Truth, Authority and Sandtity of it.
Both which things now being admitted,it mull neceirarily/follow,chatif
we will fully comprehend the Divinity of the Catholick fence, and come
to be convinced of the neceflity and abiblutenefs of its Infallibility, Authori-
ryand Truth 5 we muft grant,that the Truth, Holinels, Infalliblenefs and
Authority of the Church, was and could not but be before the Truth, Ho-
linefs,and Infillibility,of the Scripture fence. And mull alio grant that the
Truth,Sandity and Authority of the holy Scripture,was and could not but
necelTarily be before any Truth,Holinels,Infallibility and Authority was or
could pohibly be in the Church :and conlequently we muft grant that thefe"
were both firft, and fo both of them were one belore another refpedively.
In like manner we muft grant that as there is an abfolute nccelTity that
the Church, and its Authority as infallible flioiild be built upon the Scrip-
ture entirely, and upon the Original Authority of it, fo there is as great
a neceffity that theSence of the Scripture with the truth of it (wherein
its Authorit) doth properly and principally conlift,) fhould be built upon
the Church, and upon the Authority of it, and therefore a neceffity, that
both thefe fhould be built each upon the other mutually and refpedively,
and therefore a neceffity that the Church fhould be the Foundation of all
the Scriptures truth, and that the Scripture fhould be the Foundation of
all the Church its Truth, and therefore that each of thefe, fhould be the'
relpedive Balis or Ground of the other of thefe mutually.
The Clearnels, Confonancy, Coherence and manileft Confiftency,
of all which things, whoever doth not underftand, and doth not alio
fully and unqueftionably believe, is neither a Schollarthat is quick
enough, nor a fchollar that is qualified enough for the fiifficient and'
lubftantial comprehending, of the Divinity of the Catholick fence.
And therefore upon the confideration of the whole we may conclude
M that-
C 42 ]
that if all thefe things now mentioned are fubffantially true ,
and capable to be clearly underftood by rational Pcrfons, and that
they are confiftent really one with another : Then it muft be certain,that
the Church of ^?ne is both a true Church,and its Dodlrines are all certain-
ly and unqueftionably true, and all its followers muft be true Chriftians
alio, and free from all Error, for theft things muft be all of them true
and certain alike.
But if theft ftveral things above mentioned are manifeftly contradi(fto-
ry and abfurd, and fuch therefore as are no way poftible to be rationally
underftood, or capable to be confiftent any way one with another : then
thefe things can never be true, Vi:^. Either that the Church of ^me fliould
be a true Church, or that its Doctrines fhould be all of them true, or
that its followers fhould be fuch true Chriftians as to be free from all Er-
ror. Seeing none of theft three things can be otherwift true, or cer-
tain, than as the ftveral things above mentioned are true or certain,
which are manifeftly abfiird and utterly falft.
y be horrible IVic^dnefs of the Church of R omt further manijefled.
The Impiety and Wickedneis, as well as Abfurdity of the Church of
^me in this invention of the Catholick Sence, and in her letting up of
it, will be evident alio to any that will confider,that even while fhe goeth
about, not only to corrupt but to defeat the Scripture of its proj)er Autho-
rity (as a Divine Writing) by her denying that any Sence is capable to
be had from it,but what the Church only doth give it,and by denying there-
fore that the Litteral or Grammatical Sence or Conftru(ft:ion of the Scrip-
ture is in any place certain, or at leaft not fo certain, as it may be laid
of its felf to be fimply,ablblutely or infallibly true, or fo certain that it is
in any place fufficient to give an infallibility oi truth to us, fiie doth no o-
ther than difcover by all this what her drift is throughout all this Device.
For fhe would never run her ftlf upon ft many Rocks, to maintain
things ft manifeftly grols, and abftrd as this Invention puts her upon,
were it not that her aim by all this is-—To Jjwyl and deprive the Scripture ut*
terly not only of all power and Authority Jntt of alt ^ght immediately and abfolutely of
its felf to hind and oblige the Confciences of men to it/ven though the fence of it fhould^
from the plain and genuine ConjlruClion of its words appear never fo Jlrong^ clear or
coherent to them which Scope or Defign of the Church of ^me^ for
withdrawing our Obedience and Subjection wholly from the Scripture it
felf, even in things that are plain, and can be no way doubted by us as
we are rational Perftns, and underftand well enough what the Nature
and Import of Sence is. I fay this ftope or defign of withdrawing our
Obedience from the Scripture it ftlf, and from the plain and genuine ience
of it, is no other than openly to withdraw us from the plain and exprcls
Mind of God, (the Scripture being his Word) which is not only to ofter
an Injury to the Authority and Councel of God, but to his very Grace
alfo, in giving his Word to us. And yet that this is the Chief and Prin-
1 cipal
t 4! ]
cipal Aim of the Church of ^me in her contending for the Catholick
Sence, and in her diiallowing all other Sence whatever to the Scripture,
is the more clear becaufe it is matter of FAcSl:, that wherefoever fire can or
doth exercife any Dominion either by her felf, or by her delegates, there
fhe will fuffer none, even not of her own Clergy, to depend upon the
Scripture ftridtly. But will have all men at all times, to hibmit all their
Judgments, and all their Coitfciences abfolutely to her particular Deter-
minations, in all things relating to Faith, whether the things {be doth
determine be agreeable or not agreeable to the Word, or Rule of Faith
it felf. And if all her own Natives are treated with this Severity, and
Arbitrarinefs by her, is is eafie then to imagine what Strangers may ex-
pe<fb from her, elpecially if we conlider that for the more effeilual pre-
venting the Laity alfo, to fliew any manner of Duty immediately to the
Scripture, and left they fliould be convinced even by the very fight of
it, or fliould hold themfelves obliged to the things plainly and exprefly
commanded by it,fhe doth throughout all places,where flie hath any Power
utterly forbid all ufe of the Scripture to them, and will not fuffer the Scrip-
tiire fo much as to be read,or heard by them in a Vulgar Or known Tongue.
By which Inftances it may fufficiently appear, (feeing thefe things are
matters of Fa(fl:) that the Indeavour ufed by the Church of ^me to leffen
the Credit of the Scriptures Letter,Grammar or Word,as if there were no
certainty of fence in it, is not really grounded upon any thing which may
juftly be attributed to the Scripture it felf: ^ But is a thing abfolutely
plotted,Contrived,formed or purpofely Defigned by the faid Church for
no other end, but that men might not rely upon the Scripture, or truft
to the truth of thofe things that may be plainly and exprefly founded in
the very Letter of it j and fo might be mioved to give Obedience to the
Authority of it, and to be led by it, NOR for any other end, but that
Men might not be able to plead the faid Word,with the expreffnefs of it a-
gainft her, or have a juft ground to examine her Do6lrines or Authority
by it 5 and to withdraw from her or to aflert there is a neceffity that di~
vers things fhould be reformed in her.
And for this Reafon it is therefore, that fhe neither hath any Subjects,
nor can, or will admit of any to be her Subjects, whether of the Lai-
ty or Clergy, who will not withdraw their Obedience immediately from
the Letter of the laid word, and from the Authority of it, and give it to
her as a Church.
Which injury againftthe Authority of the Scripture, or written Let^
ter of the word of ir, as it is therefore knowingly, wittingly and wil-
lingly committed by the Church of ^ome^ muft for this caufe be much
the greater.
But the greatnefs and heinouflaefs of it, is made moft manifeft by that
Argument which the Apoftleufeth, Hah. 2. 2, ^.Hch.x 0.28,29. Heb.i 2.
25. For if the Law or Covenant of SMofcs how divine foever, w^as given
to
C 44 ]
to the Church neverthelefs by one that was rio more than a Servant only
in Gods hoiiie : And if that the Grace and Truth which came by Jefus
Chrift, was given us by the only Son of God, who was properly the
Lord himielf of the Houle : Then a Sin, or Crime done purpofely
againft the Gofpel of Chrift, and out of a real intent or defign to turn
men from theexprefs Word, or Letter of that Law or Covenant which
was let up by Chrift, muft be a far greater Evil, or Impiety againft
God, than the like fin attempted againft the Law of J^ofes^ with a pur-
pofe or intent to turn men from the Letter and expreft Word of it.
There is fuch Force and Strength in this Argument, added to what
hath been already fiid, as there needs no more to be fiid, to manifeft the
abominablenefs of this Evil, and therefore we fliall herewith conclude
this DifcGurle, as with that great word of Truth, which ought in thiscale
to be moil of all pondered,and confidered by them whom it moft conc'erns.
For if it were evil in any, (even in him that had the name of a Prophet,)
to turn men from the Law, or from the Word of Mofes who was.but the
Servant of God, with an intent that they fliould rely upon another word,
different from it even upon his Word, (or upon fiich a Sign or Wonder as
was wrought by him) who did deiire io to turn them from Mojes^ and
if this was iuch an Evil, as was by Gods own Command—to be puniJJjed
abfoliitely with 'Death—Then how much greater evil miift it be in the fiaht
of God, to go about to turn men from the exprefs Word, and Law of
the Lord Chrift, who was the only begotten Son of God, with an in-
tent that they iliould rely upon another Word, different from it, and to
do this not only wilfully, but avowedly, and profeffedly, by preaching
to men openly^ that it is not their duty to rely upon the Word of Chrift,
(as it is immediately and exprefly let down by the "Holy Spirit,) but up-
on the Church only, and what the Church fliall declare to them concern-
ing the laid Word, and when toeffed this alfo the better, men fliall throw
fo great Contempt and Scandal upon the faid Word, as to affirm it to be
fo dark and confufed, that no certain or infallible Sence either is in it,
or can ppffibly be had from it.
And if this ftn were the greater under the Law, becaufe of thole
Miracles which God had wrought by toteftihe him to be theSer*
Ihtnt of himfelf T hen it muft be an aggravation of the laid ftn under the
Gofpel: - Becauie God hath not only by Miracles, but even by Mofes him-
felf, and by many other means and \vays in his Providence, born a far
greater Teftimony to the Lord Jefus Chrift (than ever, he did bear unto
Mofes f and hath abundantly manifefted. That he was the Only begotten Son
of himfetf.
And if an^raan under the Law, .that did attempt to turn men from
the word ol the ftiid Law, was to be accounted as a lalle Prophet, much
more then ought he to be io accounted, that doth both with all Induftry
and let Dcftgn indeavoiir to do this under the Golpel.
FINIS.
A
VINDICATION
O F
The Naked Truth,
THE SECOND PART:
AGAINST THE
Trivial Objections and Exceptions
(Of one FULLWOODj (Stiling himfelf)
D. D. Archdeacon of Totnes in Devonjhire J
IN A'
LIBELLING PAMPHLET
WITH A
BULKY and IMBOSS'D TITLE
(Calling it)
LEGES ANGLIC,
Or, The LAWFULNESS of
Ecclefiafticd Jurifdidtion
IN
Clie C^unli of €nglanlJi
i n
Anfwer to Mr. HicJ^ringill's NaJ^d Truth, the Second Part.
By fHIL. HlCEJ.%inOlLL.
LONDON,
Printed for 'Richard Janeway in Qmns-head-Mey in fater-riofler 1681.
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THE
E
I S T
TO THE
R E A
the dayes of Solomon^ it was
certainly true^ That — of mating
many Booh^ there is no endj whatEcdef.
is it then in our dayes; and fince
this Germane Engine and Inven-
tion of Printing is now id much
Improved andMifimprov'd ? Books
feeming to engender one another^
( like thofe Genets of Spain J the Offspring of every
windy and Hypochondrick Vapour.
that love my Pleafure and mine Eafe lo much^
would now for ever take my leave^ and laft Fare-
well of the Prefs^ if I could with a fafe Confci-
ence connive at the Infolence and empty windy Va-
pours of this Huffing man^ whole flatulent Bluffer
has Begot (or rather Raviih'd) from me^ this fol-
lowing Anfwer and ;ufl Reproof: To fay nothing
of his Infufferable and vainglorious Petulancy^ in fly-
ling his Railing Libel— Leges Anglic^ The Laws of
England, too bulky to be compriz'd in his little
Noddle^ and little Scribble.
I know full well that this Vindication is needlefs
to all Confidering and Llnderflanding men, who have
A 2 already
12. 12.
The Epijlle to the ^aders.
already naufeated the Trifling entertainment found in
the Archdeacons Pamphlet 3 The Fruflration being
fo much the more enhanced by the Pfomifes and idle
Invitations of the Jfecious Frontijpiece and flaring Title—
C Leges Anglic J of his thin^ futile and cobweb Con-
textures and Compofures; and they will certainly
judge this Vindication as urineceflafy^ as unworthy any
fblid Pen: But all men are not Criticks, though his
Miftakes are obvious and thick enough.
And doubtlefs^ He will mils of his End and Aim
in every thing, but one, namely^ of thinking thus to
be taken notice of, for daring with fuch decrepid force
to grapple with the Nal^d Truths Thus purchafing
indeed a Name and Fame, but with fuch Infamy, as
makes him a Scandal even to Archdeacons, and to
all the D.D's of his little way.
• ' J '
r ^ , , ' ■
A
A Vindication of the NAKED^tRVTH,
'SEljc fetconJJ ^a¥t ,
In Atifmr to a Lihell called Leges Angli^e^ or the
l a vjitlne-fs of Ecckjiajticd^urifdicfion in the Church of "Engldindi.
NO man (who has read the Book called the Naked Truth, the id- part,
and compared it \\'ith the (pretended) anfwer of Mr. FuHmod) can
imagine that ever the Gentleman read the Book which he threatens
to Anfwer.
For many of the main Paflages therein, he touches not at all 5 nay, againil:
the numerous and pregnant Teftimonies(from undoubted Law-Books,Civil,
Cannon, Common and Statute Laws, Equity, Realbn, and Confcience) a-
gainft Procurations, Sequeftrations, Synodals^and Vifitations, &c. (To Yin-
dicate the lawfulneis whereof (above all other things) it behovM an Archdea-
con to -beftirr himlelf to niake Anfwer unto,) he produces not one Reafon, or
Argument, except the Statute of 15 Hen. 8. C. 7. which is only for Synodals,
and .Proxies to be granted from diirolved-Monafl:ries,and not one word there-
in to vouch that unconfcioiiable bougling of the richer Dignitories in preying
upon the poor Vicars and Reftors, and the Inferiour Clergy, and going fnipps
with them in all the Benefits in the Kingdom,fliearing the Fleece of every flock,
though they mind not at all the cure thereof.
And for which they are fmartly enough Chaftiz'd in Naked Truth
Quair. id.
But Pie do him right', andhiot o'reflip theleaft Tittle of his Arguments,
• (which I wiOr were Ifronger,) nor do I contend for Viftory but for Truth.
I am oblieged to Track his Methods, and mufl: therefore begin with the
Frontispiece, a ftately but moft unpropoitionable Porch, to fuch a Crazy and
rotten Fabrick that only fiands upon Crotches, and Crotchets^and if it were not
for the little Sentences of Greek and Latine to unriddle the Hleroglyphick , it
would be as Dark, Myfterious, and Unintelligible, as w^as of Old, Thole of
the zTEgjtians ; or as the Primitive painting, (whofe Pens were glad to Swr-
rogate to their Pencels, and write This is a Cock, and This a Bull. »
At the Safe of his Cathedral lyes a Wench in black,or Mourning AppareJ,
with a Crofs upon her, He makes her weep too, and make aface as if fhe had
loft Ir-r Maidenhead, her Purity, her Virgjnity, and what would Difconfolate
fay if itcould fpeak
For my part Pie have nothing to do with her; for he cannot with any face
make her to lye there as a Portraiture of the p'refent Church of Enghnd: fgr
In nomine Domini- In the name of goodnefs what would thofe D. ps.,and
Arclids. be at f Have they not all the Sway, Power, Dominion, Honours,
Manners and Prelerments, inthe greatefl; Courts and Councels of theNa-
tion Surely, thoy \C\\i^0 2ien2inI<i 10 \i\xt fnger in the eye and cry ; Inthe
name of God, (I fay) what w'ould thefe men be at f what Would they.have.'
And what do they v ant to keep a wawling, and weeping, and wailingr w hatr ,
never fat isfiedc' never glutted c'
The Papifts indeed are croft {of their Plots, bleffed be God) but the Prcjatps
have (asyet) no Crofs upon them; therefore I'le not offer to guefs what Mo-
ther he means that lyes weeping there under the Crofs, nor do I carefl am fare
fhe is none of my Mother; be ihe what flse will.
Upon the Pinacleofthis Church of fits a moft kindlypeck-
ing and piercing her Breaft to fuckle her young with her dem hearts' Blood,
(and he makes her fpeak L.atine too) Proprio vos fangtiine Pofco,
Whereby hefeemstolnfinuate that this kind Pelican (his Piclatigal little
Church)has nourilht "k\x.Hickeringill with her dearef and moft precions 'Tea-
fires, her -very Hearts-blood, (fuch he takes her beft Preferments to b.e) an.d
indeed fbme men had as leevepart with their heart-blood.as their fluftr Eccle-
flaftical Promotions) calling him (in hisTpiftle to the Reader)
the Church of England,^ who hath alfo a fare in her G overnment." "• —■ And
vet this He, this ungrateful He, that has fuckt her very Heart-blood, and got
B . lier
The Vindication of the
her neareft and deareft ble(Iings,(he having taken him up,on to the Bench, and
given him a fhare in her Government; for him thus now to flye in her face,
nay , moft ungratefully and flovcniy to fpue up and nauieate all this Heart-
blood, fthofe dear, dear Procurations, Synodals, Vilitations, dear as the
very heart-blood j and to throw them up, nay, at the face of this kind Pelican j
0(& temporibus^ Moribus !
By all//'eye 1 now perceive that this fame u^rchdeacon knows not
Mr. HkkeringillaomoTQ then he is willing to underlfand his Book 5 for the
Mothtr he fpeaks of, has been always a Spep-mother to the of the Nuked
Truth^ and he never had any thing of her but frowns and Blows, at belf, but
2,bit and a. knock ^ nay, when he had <«//o//'erdis-arm'd the Phanaticks
of their old Weapon that lay ready at hand to make ufe of and take up—(by
writing, Qurfeye Meroz,) for which at leaft thisfame Step-mother might at leaft
have made him a Courtefie, and thank't him for his great pains ;) no fuch mat-
ter, too much envy and Ingratitude reigns amongft a fort of unthinking j
Black-Coats , the Lumber of the Ship of the Church, that pefter it in a Calm,
and onely help to fink it in a Storm.
Nor has he any Ihare in her Government, nor ever will , till they fhow as
good Authority for their Government and Jurifdiifion Ecclefiaftical, as he
can for his, namely,4 Patents, from 4 Kings of England, granted with all Roy-
allies. Immunities, Jurifdi^fions and PrivUedges in the exempt Jurildidion
of the Soken in the County of fffex, and the Inlieritance of the moft Noble
Earl Rivers, but in no Diocefs, nor fubjeft to any Archbifhop,or Biftiop, and
of which Mr. flickeringill is Commijfary lawfully Conftituted, and he and his
Predecelfors have been the only Ordinaries; from whole Sentence there is
no appeal but, to the fing in Chancery, (orthtR^tng in the greateft Court of
Judicature in England, (or perhaps in the worldj the Hyufe of Lords.
But for this he has fo little caufe to thank the Bifhops, tliat, I believe, they
would take it from him (if they could) and by privy whifpers, and Fidions, ,
and Stories, do him all the mifchief (good CatholicksJ that in them lyes, for op-
pofing their Ufurpations and Encroachments, at leaft of fome of them •, and
for vindicating the ancient Immunities, and Royalties of the f many-ages en-
joy'djinheritance of that Noble Earl; and from late Naufances and Encroach-
ments of greedy Neighbours that think they can never have enough; though
(God knows) this Exempt Peculiar is but 3 Parifties, a Pevinfd, almoft encom-
palled with the Sea, and is not worth five pounds per Annum, to y r- Hicktr-
ingill 5 who values the favour and good will of that Noble Lord (in confer-
ring it on him without his feeking or Petition) more then twenty times the
Pfofit thereof; It being uilially beftowed as the moft Signal mark of favour,
upon fiich, whom that Noble Family had a mind to Grace.
But enough of the Velican^ Mother or Step-mother, and alfo of the frontis-
piece, with which trifle I have too much bufied my felf and the Readers;
Now for the Title, Leges Angliae; The Laws o/England.
But by what Title his pittiful Pamphlet can challenge or lay claim to fo
fwelling a Title, (hall be confiderM only by the Sequel.
Next his Epiftle to the Reader.
Wherein, 'at firft dafh, he endeavours to preoccupate and prepolTefs bis
Readers with an opinion of his Modefty,(gOi?i ) he cannot m//nor
his Adverfary ^ (Thafspitty) And yet he begs pardon that (he is fuch a
DoeMttleff&has not chafiidd fo fpightful an Adverfary according to his Merits
andprovocations, for he verily wants the Talent and dipkes the Sport.
As if he fhould lay. Time was, in his fuvinileyears when he was indeed
he was") 2LinriQ\lsc]\z^i7An^V2tdi2i^o^e., another/fhipping-Tom, didxtook plea- .
Jure to lafh andflajlj, but thofe merrj days are done, (that's happy for Mr. H.c-
keringilT) He now verily wants the Talent and dipkes the Sport.
What a Tarmagant fVhipfler would this have been, if he had taken pleafure
and made a fbort of whipping men according to their Merics and Provocati-
ens C But wny he fhould at firft ftep fall down of his knees and beg his Readers
pardon for not chaftizing Mr. Hickeringill, for not being cruel to him, for not
bringing
191
z
bringing him to the Whipping-Poft, I cannot imagine; I am fiire if he cannot
flaOi and lafla, and chaftize, if his i5r;^emc/-Accompli(hments have now for-
faken his old withered Arm, he yet retains his BiUingfgAte; Old men can prate
(however) and Scold, and fo does he •, He calls Mr» HickeringiH. all to naughty
he calls him Papilf in the very next Page, (I fuppole) for writing the Naked-
Truth, and expofmg the wickednels of Papilf s and their Popes in p* 2. of the
Naked-Truth'-i nay, he makes another Peters of him, and that's fbme-
what ftrange , that Hugh Peters ihould be a Papilf; and more ffrange that
Mr. Hukerirsgill Ihould be Hugh Meters ; and alio afterwards he makes a Qua-
kerof Mr. Hickeringill, nay,/>* 6c He calls him both and Huhbifi., and
moft unmercifully tears him with and (quibble (^forwhicha very Barber
ought to be kickt) laying, /thought /had caught a Hobby^ butwar^hawk.
And a great deal of bad Language this Reverend Archdeacon and D. D. does
very liberally beftow upon Mr. Hickeringiii in almoft every page, the wont
ed Attaques of fuch feeble and effeminate Difputants.
Well tvtwxvhat he pleafes yh&hnngs Mr. Hickeringiii within two If rides
of the Gallows, laying, he takes him to be at Hugh PetePs Game, (I lupolc for
Preaching on Cu^eye Meroz, and drolling upon Hugh PetePs Sermon) and
running his wicked race.
I fee there's no remedy (at prefent) againft fuch a Curling Railer, the
next now, and all that remains, is to make Mr. Hickeringiii Infidel, Pagan, A-
theilf, Turk, and great Magul ^ and yet this Modelf Archdeacon caunot, nay,
has not the Tdent to Rail, and the Sport.
Then laftly (he lays) for Pride, Envy., wrath,Malice,Spight and Revenge,fome
fay,he (^Mr. Hickeringiii) is a very Angel of light andfomewhat more excellent
Bleis thy leven ^\t%\ dear D. D! for thou art the lirlt that has made an
- Angel of Light old excellent for Pride, Envy,W rath, Malice, Spight
andRevenge.
The only modelf expreflion in his Book is the laft claule—To the Reader--^
where he confelTes his unparalel'd fhallownefs of Conception faying, If
others can find Truth in the man he cannot; So that what has already
got a verdi£f all Tndand over, (except amonglf the Archdeaconry, and men
Byas'd with Intereft,) its Grace is (lopt by a lorry D. D* that conlbires his Ig-^
norance, and hates the Truth that thwarts his Gourmandizing, would lelTen
his Paunch, animus in Patinis.
Thus much for his Epilfle, IPs well it's no worfe.
The Proeme.
This Proem takes up all the fenle,and alio almolt one quarter of this dougtu
ty Pamphlet; Indeed it takes up too much Room And Arbitrary Government
of IVill. the Conquerers Long Sword and Proclamation, is all the Reading he
has Ihown throughout the whole Book, citing an old Edift——(out of SpeU*
man, but he conceales the Plagyary) and will not loole the Worm-eaten hd-f
nour of Ibme ambitious Antiquary; whillf he quotes the Reoord, and/'»fx ut
jg fo to our Trumps to guefs how, or when or where he came honelfly by it.
Well, much good may it do him, when we come to it.
And firlf like a Church-man (of the old ftamp^ he will permit his Majelty tO,
come into the Church (that's more kindnefs then old St. Biihop of
Milan, would Ihow Ibmetimes to the great Emperour Theodofus when he did
not do as he would have him to do) nay, This Archdeacon opens the doors
himlelf to let his Majelf y into the Church, but he will not trufl hint with, the
Keys 5 as who Ihould lay, we will open the Church doors to your Majelfyjand
come in and Welcome, whillf we continue good friends-
But they that keep the Keys and can open the Church-doors to let his Ma-
jelfy in, can alio (^whilfi they have the keeping of the Keys')oDOo dilpleallire, lock
him out; well, for this very trick and for another late fcotch trick 5 If 1 were
a Privy-Councellour, I would ad vile his Majelf y as Head of the Church, and
Governour thereof, to keep the Keys of the Church in his Pocket, or hang them
under }m Girdle ; if it be but becaule this Prelatical Champion, this lame pit-
tiful Archdeacon,Xikt another Pope,or St.PeterpjfiW. keep the Keys of the Churchy
B ^ and
—
4 T/;e Vindication of the
and Will keep his Majelly from them, and w^ould fain perfwade him, that our
/.a»S'( to ufe his words p> v. of the Fronne) ExcUde this purely Spirituxl power
of t Ik-Keys froni the Supremacy of our Kings ^ except it be to fee that Spiritudmtn
do tlfeir duty therein. Belike this fame Archdeacon carries the Leges Angli^.fo^
Laws of in his belly and greedy gut ^ fori am fare he carries them
there or no where, hecari ies not thele bulky Laws of Englandio his Brainsj^'e
has no Guts in.his Brains. For,! pray^good D.D. where does our Laws exclude
this purely Spiritual po\\ er of the Keys from the Supremacy of our Kings,
if our Kings, flike good King David,) or wife King Solomon fhould have a mind
to hQ Ecclefaflhs ?
In the days (even) of Popery , I never heard of a King fhut out even from the Top-
pm^-Pulpit, if he had a mind,to climb fo high ^ ftout King Hemy the d- made bold to Inj
vade the Pulpit,took his Text Pfal.85. lo, Righteoufnefs and Peace have kiffed each other-,
and then in his Sermon ad Clerum to the Learned Monks of the Cathedral Churclj
of Winchefier, when he had a little felf-end too (as fome Pulpiters have alfo had) in the ,
cafe, namely, to Cajole the faid Monks to Eledt his Brother (Athelmar') Bilhop of Win- ?
Bak: Chron. chejfer Paraphrafing and enlarging upon his Text, and faying (to ufe his own words)
p. 82. me and other Kings, "-who are to govern the people, belongs the rigour of judge-
'menitand Jnltice -, to-you (who are men of quiet and Religion) Peace andTranquilli-
*ty i And this day (I hear) you have, for your own good,been favourable to my requelt,
'with many fuch like words ^ I do not know whether the King had got a Licenfe to
Preach from a Bilhop. It feems the Clergy (then too) ivould favour Kings, in what
was for their own good, and, if it were for their own good, would alfo permit the King to
take a TexfawA Preach in their Cathedral-Church-, how hard-hearted,orftrait-lac't fo-
ever our Archdeacon proves, and will notluffer our Kings to have the Keys neither of
the Church nor Pulpit j I fay, therefore, fome Kings would therefore keep the Keys
ofthe Church thcmfeives,and truft never a D.D. of you all with them,^ no, not the
himfelf.
But wLat if I prove that our Kings at their Corronations, have at th^ fa,»^
tinJe been ordainM Clergy men,they are no more excluded {then) by our Lau s
frony the po\Ver of the Keys then Mr. y^rchdeacon or the Pope himlelf.
What is Ordination, but the ordering, defigriing or fetting a Man a part to '
fome office •: if, to the then there are certain fignilicant Words tp
that purpole ; and what z«(?reWords for Ordination to the Prieftr
hood, or making a Man a Clergyman, thenthofe the Bilhop ufes to our Kings,
namely,, with Unftion, Anthems, Prayers, and Inipofition of hands (as isufur
al in the ordination of Priefts) with the fame Hymn, Cotne Holy Gbofi, E-
ternal God, &c. The Bilhop faying, alfo, amonglf other things, Let him obtain
favour of the people, like Aaron in the Tabernacle, Elifha in the fVaters , Zacha-
v]s& ii). ty^ Ttmph-ygive him Peters Key of Difciplinc, and Pauls Dodcrine. •
Ba\. Chron. Which laf clanfk .was. prcTtermitted (m tunes of Popery) from the Corrpt
nation, Hen. 6<- till Charles i. and Charles zd.) left it fliould imply the King
to be tmre a Clergpktm and Ecclcfiaftical perfon then thefe Archdeacons could
aftord him ; but our Gracious King Charles id. and his Father, at their Cpr-
ron^tions, had the antient forms of Crowning Kings reviv'd , and in the Ar
nointing, the Bilhop laid, Let thole hands be Anointed with Holy Oyl, as ;
LCings and Prophets have been Anointed, and as Samuel, Scc,
Then the Hrchhifop anA Dean of /Keftminfer put the Coif on the Kings
Head, then put upon his body the Surplice, laying this prayer , O God the LCtng
of Things, and L^rd of Lords, See.
And Furely (of old J the very Pope himfelf look't upon our anointed Kings
as Clergymen, elle why did the Pope make Hen.i. his Legate De Latere here in
the ufual office of the ArchbiQiop of Ca-nterbury (uliially ftyled) Zc-
gati Naii.
Therefore, Mr. Archdeacon, you talk like an unthinking Black-coat, ftockt with a
little fupcrficial Learning, when you fay, our Laws exclude the King from the Keys of
the Church, to which he has as good right as your D. D. Divinity Ihip,
And (indeed) to give the Man his due, he is glad (afterwards) to confefs that Confian-
tine and the Eminent Chriftian Emperours called Councels and approv'd their Canons.
Then, by your leave, dear D. D. They alfo, for the fame reafon, might, upon occa-
fion,.and if they had feen caufe, alfo difprove. the fame -, who then was Papa of old?E<j-f f?-
Pa-trkht ? furely no other but he that is Pa-Pa, (I mean) Pa-ter Pa-tria ? . C"
' Into a volumn"(beyond mine or the Readers Patience or leifure) mull this Findicati-
»«fwell, iflfliould trace him in all his Extravagancies, Impertinencies, andnaufeous
Repetitions, and therefore I miifl quit my firll delign,and fummarily contrafl the era-
2y Principles and on which his mighty Fabrick,o{the Laws of England is £-
reeled. ' _ . CHAP.
742
leaked Truth; the id. Part.
?:
5
C H A p. I.
In his firfl: Chapter, after a great deal of prattle tonopurpofe, he Sets uf
the Propofitions fuggefted by Mr. Hickermgill, and then he BAttefs thcnio
The Propofitions J/r.Hickeringill, following,
1. ^^Hat before Hen. 8; All Ecclefiaftical Jurifdidion in EngUnd^ was de-
A rived from the Popeas Mr. Cary- p. 6.
2. That Hen. 8. When he annex'd the Ecclefiaftical Jurifdii3:ion to the
Crown, he took it wholly away from our Ecclefiaftical Minifters.
That the Church had no jurifdidion after Hen. 8. had annexM it to the
Crown, till i P-dw. 6.7..
4, That if there be any Ecclefiaftical Power in our Church, it cannot be ex-
ecuted but in the name and with the ftile &o. of the K. according to i Edw.6.%.'
5. That all our Eccleliaftical Power was lately founded in i Eliz,*\. as it
Eftabliftied the Court; And that A£b being repeaPd, All
Ecclefiaftical Power was taken away with the Power of that High Com-
miftion.
Then moft inftiltingly concludes, in thelc Words, On a Rock confifiing
of thefe Sands, fands onr mighty Champion, triumphing with his Naked Truth, &c.
And truly if our mighty Champion ftand thus Triumphing upon a Rock
made of Sands, It is the firfl Rock made of Sands, that ever was feen in the W orld
before: I have feen great hills of Sands, but never a Rock confifting of Sands be-
fore : for lively and natural exprcflions, and tough and finewy Arguments,
'tis the very of the Z)./)? Come, confefs ingenioufly. Is there not
more and better Heads then your own in this Elaborate Work i Is it not the
Six Months labour of a Prelatical SmeUimnuHs, or Qluh-pt'uines. Now for his
Rancounter.
C H A P. 11. .
J
Wherein very Majefterially heafferts (contradiftorily) In defiance of the
laid Propofitionsand Rocks of Sand, That ij
Our EcclefiaficAl^urif diction in England-n?^r not derived from the Pope, but ^
from the Crown before the Reformation, by Hen* 8. Sed quomodo probas,
Dotnine D. D ?
TTlrft by begging the Qneft ion, Petitions Principij, And asking fternly and de-
manding in 8 bold Queftions, firft,Z)4re any Protejlant fiand to the contrary,
So that he lias got Mr. Htckeringillupon thzLock, and, upon the Hugg, the
Devon/hire and CornifJo Hugg ; Hang, or DrownM, there's no efcaping; yield,
or confefs your felf a Papiit, concluding that to fay fo, is not more like a Hob-
bifi than a Papi(I. I thought I had caught a Hobby, but hVir-Hawk*
To which Pie onely fay, that (as Seneca (in his Epiftles t® his dear Lucilius')
fpeakingof (his Wives Fool, a poor ridiculous creature) That if he
had a defire to laugh at a Fool, he need notfeek far, for he could find caufe e-
nough at home to laugh at himfelf, fo) you Mr. quihling Hrchdeacon need not
be at charge to keep aT^^fter, you may find one ridiculous enough witliin the
Corps of your own Archdeaconry Hohby-JVar-hawk.
But then he falls, 2nd grows calmy and leaves this bold Italian way oiBegging,
and comes to his proofs.
Firfl, Then our Ecclefiaftical Jurifdii^ion was not derived from the Pope,
but from the Crown before H, 8. becaufe it was a known Law (ay. Edw. i. and
2C,.Edw.^.) long before/:/«■«. 8. that the Church oi England vjdiS founded in
Epifcopacy by our Kings, &c. and not in the Papacy.
1.1 always thought (till now) that <7«r Church oi England (I know not for
his Church of England) was neither founded upon Epifcopacy, nor the Papacy,
but on C/'r/)? the Rock of Ages. -
C 2. The
2 The FoPilb EptfcoPacy (in the faid two King Edmrds time) and the Papacy
%vere we ^nd theflme piece •, the Pope the Hud, they the and deriva-
tive from him, influenc'd by him, and would never obey our Kings iiin hci
then they lift, as appears by ftout Men Arehbifliop oiCiMerh,,rv another ^
Becktt: And though the Kings made bold to recommend an Archbif hop, or a
Bilhop to the Pope, yet tlie Pope Invefted and chole whom he lift ; (the p'eat-
erUfurper he. but who did or could help iti) till ftout King 8. did behend
the Pope, and made himfelf (by Parliament) Church.
' ris Rothz w^-s not built ifi s. 3.nd ncitlicr did nor couid extend i^s
Suburbs and Commands as far as ErtgUnd, till iVUliam the Conqiierour (the
Pope's Champion) and who fought under the Popes Banner (which he lent him
for the Invafion of England) did with his French, and Normans, and all Gather-
ings bring with his and Troops, the and Italian Laws,
and the Mode ofFxclefiaftical Polity and Jurifdiaion •, And therefore
('tis rightlv noted) that 'till Wtll. the Conqutrour, there was no Bifhops Courts
or Ecclefiahical Courts but the Hundred-Courts, ftheonely Courts of Juitice
in in all CaufesEcclefiaftical and Temporal.)
But the Pope made his Champion IT///, the Conqiierour ana all iucceeding
Kings after him, till H 8. fetupfuch Ecclefiaftical Courts and Jurifdiaion
fas were at Rome) wherein they Judged and proceeded according to the Popes
C^«(i;^-Laws,andhehimfelfwastheHeadandSupreamof thofe Courts and
nothing more frequent then Appeals to Rome, till the H n-%^ 12« ordain d
that there Oiould be no Appeals thither, where he had emptied fo much of his
purfe, and yet could not obtain a IHvorce to his liking , if appeals to Rome
from our Ecclefiaftical-Courts, then they were onely Romes Inferior Courts.
And was there ever 3.ny Statute msdej from Will^ the QoH^ueTOto ^ or ra,tlicr
Hen 2 to//e».8.butbytheconfentofthePopifliClergy, thatistofay,the
confeut of the Pope their Head ^ whofe Laws they obey'd in defiance of their
Ze/fe-Zor^/r and Soveraign Kings. ^ i i r. '
I know there was old Tugging frequently betwixt our Kings and the Popes,
and fbmetimes the {faring people cryed Norv- the Pope, then (in hopes) A/en' the
Xim has got it: but, if any ftout King did (as they did) try for Maftery with
thisVi&ore, zndrvhojhouldmartheBritches, foan, ovP&pcj^ohn , on
always got the better at long run.
Of which I willlnftance in fbme few particulars that fiift occur and come
to mind for I Iborn l o fpend fo many days as this D- D- fwith his T/^ec-con-
iovn'd) has been Months in Labour for the produaion of his Ridsculus mus.
Men Ktldwardhy Archbilhop o(Camerbnry,6.Edw.i. Fleec t the whole
Province of Canterbury (namely, the greateif part of the Kingdom (T E^land)
bv his Prmincid-Fi&ation , not by down-right plundering of the C ergy.
Church-wardens, and the poor and rich Sinners ; (he knew a way worth two
on't the other had been the ready way to be hang'd, for Edivard i. w as nather
Antici Brit. Fool, nor Coward,) for(Faith Parker) being the Popes Crea-
ture,wentavifitingrasromedOnowadaysJ mthoat any Cmmtfwn from the
King • no ftrange thing in thoCe days, more ftrange m twr days, now that they
have not fas formerly; a Pope to back them, and whofe Creatures they were
in defpkhtoftheKing ^ "^MttdSisox^ity Robert Ktldxvurdby play d the Fox m his
vifitation ; andrfaiththeHiftorian;OT» imfenlando fed arup,rfe,ue
frairesr«iordimsrMant,fiade»doMpletavit : that is. He enrich dhimfelf
.and fill'd his pockeis, but how ? not by an open violent way efforce and com-
mand. but craftily, with Jleight of Hand andfongue, f as the Brethren of his Or-
der are wont to do) pick'd their pockets with 2.parccUffair words
Why ^ that's better yet, then the UeBoring way, F.ome -Clergy-man
tkliver, your Purfe, your Purfe for Procurations, ^
The Naked-Truth on't was, the Pope (NMas 3d.) bad a C^dinals Capp
at RoberPs fervice, if he would come up to the price on t, and bid like a Uiap-
man; but all the craft lay in the catching — the Moaey to pay
Nahd Truth 5 the id. Pa-rt,
. Wliereupon /uUwarSj/ does not go in the old Road of Procurations, Syno-
dalsandVilitations, that (even in thole times were not onely grumbled at by
(the Slaves) the Inferior Clergy, but many Canons and Decrees made againil:
file iaftie 5 (ice Awaked Truth 2d. parr.) And therefore Robert went mother mty
to work, namely, the way of Lamesor Gifts, (for they have often proved one
and the lame thing, though the publique Paith has been furety and bound for
repayment,) And therefore Se donis artificiofe fuxdendo locupletavit ^ he
wheedled them out of their Moneys with a parcel of fair words; (why c" that's
fairer ^/j^jthen toand the Clergy out of their Moneys with
threats of Sufpenfion, Excommunication, the Devil and the Gaol.
Buti^oi-. hadnolbonerdonehisBulinefSjand won the Game , moll neatly
and above-board, filling his Coffers, but he begun to take pleafure (as Mifers
do) in looking upon the Beauty ofhis mighty Treaiures, andlik'd their looks
better then that of a Cardinals Cap • but Old Nick (the Pope) heard ofhis
good luck, (for he had Spyesthat told him all along how the Game went, and
v\ hat good jortune the Archbilhop had, and how he thrive in his Nifuation-
ProvinciaV) whereupon NichoL the Pope forthwith lends for him to RomepstNe
is refolved X.Q>go fnips, and half Stakes, and therefore crys half mint, and
bids him devide the booty thefe are not my words, nor the comment of a
Hobbifi and a Papifi, but the very words of the Hiftorian of thole times, N
Nicalao i^^papa^OKmm adpr actum participandum accitus ejl ; ab eoq; Cardinalis . .
Hofienfis portuenfts Eptfcopus crtatus eft: For halfo^that Money the Pope made Brit!
him Cardinal of Oftia, and BiQiop of Portua.
I have heard of many a Thief that.has rob'd poor Men of 500/. and been
condemn'd, and yet have got a Pardon ; And the Popes-Collebtor for Peter-
Pence iPolidor Nirgill) does as fmartly obferve upon them and their
for Souls and Benefices, (^Lih. 17. Hift. Angliad) Legem nunc prope everfam, &c.
telling what feats in thofe days Money could do in the Spiritual-Courts, and a- 322.
monglf Spiritual Men, and to purchafe a Benefice, a Bifhoprick, or an Arch>
deaconry ; but now a days there is a Law againft Symony, and an Oath againft
Symony.; yeayyeayCo there was in thofe days.
Thus that Pope was his Crafts-Mafter,and kilPd two or three Birds with one
ftone ; you heard how dear he fold, and what a mighty price he got for a Car-
dinals Cap, and a pair of Lawn-Sleeves; and one would have thought he might
have fit down contented, and have llept quietly for that night, and never have
writ Diem perdidi upon his Beds-head ; But this was but a Lean-days-work in
comparifbn of what he got by the very fame Bargain, namely, The Nacamy of
the Arch-bilhoprick of Canterbury, which \\ as as good to him as ready Money
in his Purfe: It would not be long upon his hands, fuoh Ware (as tint) will off
to one or other 5 or perhaps, he had promifed the Gift and Donation thereof to
one of his Harlots, no Ifrange things even in thofe days.
For his Wench, or he (I know not which} contrabled for the laid Arch-bi-
flioprick vc'ith jCohn Veckham (the faireft Chapman) and a notable Blade at the
Canon and Civil Law , an Hdvocate, a glib Hacknej-Tongue he had in his head,
(lays Matthew Parker) Lugduni cum ejjet,^ure civili atq-, Pontiftcio operam de-
dit, in qua, can fas t ant a fur is peritid tracfavit, 8cc. A notable bold Fellow (it
fe. nis he was) at the Bar, and {as is ufual to fiich as are lb well ftock'd with im-
pudencc) hz knew it aswell,2Lnd Iqok'dbig, and high, and flaring, furly, and Mat
grim, Ge(lu, incejfu, & fermone gloriofo & elato fuit. And yet all thofe mighty
vertues would not help him to preferment, but that he truckl'd under-hand
with the Popes Wench, he knew the way to the Wood, and how the Market went;
as well as another; and therefore in plain down-right-Symony (without the ce-
remonious equivocation of a Game at Tables with the Patron, buying zfoundred
jTade of him for 100 Guinnies, or making Friends to his Wife or Mifs, ) he be-
came bound to the Pope in 4000 Marks, (*a wonderful liimm in thofe Days) '
and was efteemed above Seven Years purchafe at that time for the laid HoD"
See of Canterbury.
C 2^ A
■2.0]
%
The Vindication of the
r-
Antiq. Eccl.
Brit. p. 206.
Jo. Buleus.
Scrip. Brit.cent.
A good round fumm for poorj^ohn Peckham ^for fbhe ftyPd himfeir) to fbf
ten the Hearts and melt into Money his Proviwe , that had been rcap'd and
fleec'd a little bctore by jRoh. KtldtvArdhy his immediate Predeceflor, PoorjPuhu
came but to the gleanings and picking of Wool 3 but its no matter, in i ^ years
(for fo long he lat Archbifhop) he paid offhis Bond to the Pope, faw it can-
ceil'd, advanc'd all his Kindred to great eltates, and left (all charges borne and
debts paid^ to his Executors ^tidg'. (making MicholAs of
KnovUe Reftor of Maidfton, and Simtn de Greitle his Executors^
A uafi fumm, in thofe times, cfpecially confidering how poor and infoUrU he
was when he firft made the bargain with the Pope or his Lemmm, and enter'd
i^9'.' " ' into Bond, nay, and to his dying day he kept the old ftyle, calling himfelf in his
GodmnsCatal. conftantly , Poor ^ohn Peckham , ("like the blind Beggar of Bednal-
Green) for good people enrich'd him out of rneer charity and in compaffion of
his pittiful crys and im.portunate begging 3 and none could imagine, till their
deaths, that they were worth a Farthing, all debts paid.
Thus he begun Ibmeof his Letters, fohannes fmter Cantuarenfis Ecclefix
Jeruus humtlis^ tyut Pegi Jitifyj JUiniJirts audaciter rejtititj 8cc. InEnglifh
Poorfohn a Fryar of Canterbury, the Churches humble fervant, that always
ftoutly rebell'd againft the King and Court, &c.
But though he was hard enough for this King {Edw. i.) as ftout as he was, yet
the Pope was too hard for poor fohn 3 'cis ill halting before a Cripple.
For he was no fboner well warm in the See of Canterbnryy and found the ver-
tue and comfort of Lambeth, but he begins to caft about how he might cheat the
Pope his Patron, becaule, quoth he, to deceive a deceiver is no deceit, and the
4000 MarksisaSymonicalContraQ:, and being a cunning Lawyer, and alio
loving his Money, moft ungratefully he went about to choufe the Pope of the
Money, thinking he had Law enough of his fide 3 and that a Simoniacal Con-
' traQ: and Bond is ipfo fa^o void in Law and of no effe£t, ftrength nor vertuc.
But the Pope prefently fmelt him and his Tergiverfations, and was as cun-
ning as Peckham was crafty., and was refolv'd to rub up his memory and teach
him better manners then to forget his Creator 3 and therefore without any dal-
lying or Shall 1? Shall /? he makes no more a do but fairly curft the Archbilbop
by Excommunication ("fent over andj nail'd on the Cathedral Church doors
oi Canterbury, and alfo a Bull of Deprivation 3 upon condition tho', That if
fohn paid the faid 4000 Marks (the fubjed of the Quarrel) to the Lucan-Mer-
chants within one Month after demand,) tho Pope 2.0^ Ptckbam would be as
good Friends as ever.
^ohn thought of having a fair hearing at the Bar, and Advocates,
and Councel on both fides, or perhapsj^f/';!? would have pleaded his own caufe
to make void the Bond 3 but fome are Wijer then other fome 3 the Pope knows
a trick worth two on't, and without more adoe, fends him to the Devil, and
deprives him of his Archbifhoprick, except as before excepted.
In fhort, feeing he had met with his match, there was no remedy but the Mo-
ney muft be paid, not a Farthing bated of the Principal 3 onely the Pope gave
\\im a Tears time (ia^02d of the faid Month) for the payment of fo immenfe
a fumm. ^ ^
Of all which hard MeafureP<Jo?"/f^« Complains m his Letter to the Pope,
in thefe very Words. — Ecce me creafiis, & quanta creatura a fua na-
iuraliter appetit perfici creatore, fie in meis opprejjtonibus cenfeo per vos recrean-
dum. Sane nuperad me pervenit Cujufdam executionis Literahorribilisin qfpe-
£tu & auditu terribilis, quod nfl infra menfem mercatoribus Lucanenfibus cutn
eJfeHu de quatuor millibus in arcarum qua in Romana Curia contraxi, extunc
fum excommunicationis fententia innodatus,&in Ecclefia mea alijs. Major i-
bus pulfatis campanis,accenfts Candelis, excommunicatus denuncior, fingulis die-
bus Dominicis &feftivis. ' Banc tamgraudem folutionem impojfibikm fbifutw
rum, refcribit, 8cc.
A great
X
Naked Truth, the Second Tart.
;is !■
A great deal of /^eavj fjjluner he had (Poor man) all the dayds of his Life,
whileft he fat Archbiihop, \vliat with the Pope on one fide, the IQngon
the other, and the Augujline Monks of Canterbury, who were wonderfull Rich,
and well worth the Ihearing and fleecing ; and therefore he would have
gladly have been at it amongft them with Visitations : But they ftood upon ShroL col.
their guard, defy'd him, and bid him his Peril, or dare to meddle 19^0,1961.
with their exempt Churches, of Men[lre, Chiflelet, Nordborne, Middleton and
Faver/ham, 8cc. And that they would fiiffer none to vifit them but the Pope
and his Legate-, which Privilcdges they contefted w idi him Anno
and maintain'd that they were no other than the Priviledges of their anci-
ent Foundation granted by Augufiine the Monk, Apofile of Fjigland, (the
Popes Apoftle) and Archbilhpp of Canterbury, and confirmed by Pope Anno Dom.600.
Boniface, Agatho, Cceleflme, Calixt, Innocent, Urban, Eugenins, Lucius, Alex- or therea-
ander, Gregory, Innocent, Alexander and Honorius. bouts.
But Peckham after a weary life took occafion to dye, and there was an end
of his Contefts, his Creator (Pope Nicholas) departing his bufie life a little
before him, but firft calling all his Cardinals into his Bed-chamber, where he sixmix, l. 8.
lay upon his Death-bed, and by the Prerogative of his Power, degrades them c. 35. Cent,
every man, and makes as many Friar-minor c, (of his own Order) Cardinals m
their Rooms, and charging them upon his Benediftion to choofe none but
Friar-minors into the Papal-Chair for ever. Which they performed to their
utmoft, and untill Sextus 4. was Pope, there was always a little-Pope lurk-
ing among the Fryar-minors, and he had his Cardinals, and pardordd Sins
(I'le warrant) as well as the beft Pope of them all ; only he fold his In-
dulgences much cheaper and a better Penniworth.
This mifchief hapned An. 19 Ed. i. and by Peckhanis death, the King
was freed of a Tyger of aPriefi, that alwayes refifted his MSt'dcy tooth and
nayl, thrcatning and vapouring with his Bell, Book and Candle : But after
their death, the King took heart, as by a memorable Example in our
Common-Law Books happening at this time, may appear ; before the
Statute of Carlife agairifl: Popes Bulls and Provifions: For, A Subject of
this Realm procured a Bull of Excommunication from the Pope againfl: ano-
ther Subjeft, and gave notice thereof to theTreafiirer of the King ; for
which ofTence, Le Roy voluyt quil uf efie tray & pendiss. The King willed he
fhould be drawn and hang'd as a Traytor.
Here's an Inftance (Mr. D. D. ) as pregnant as your le, Ed. 1. againft
the Popes Ufurpations : But this was no thanks to John Peckham Arch-
bifhop of Canterbury, and the reft of the BiOiops. For all refifted, all the
Clergy, and did as much mifchief as in them lay : But the King and Parlia-
mQnt got the day. An. j. Edw. i. arid made John Peckham tho, Azchbifhop
Recant his diffolute Canons made in the Convocation (at Rading) in theie
words:
^ Memorandum quod venerabilis Pater Johannes Cantuarenfis Archiepifco- ckuf. 7 Eiov.
^ pus, venit coram Repx dr Concilio fuo in Parhamento Regis famii Michaehs, i-m.i.dorjo.
' ta fuerunt apud Rading, menfe Augufli, Anno eodem, inter quafdam fenten-
* tiits Excomrnunicationis quas idem Archiepifcopus ibid, promulgabat:
'' Prima, deleatur, dr pro non pronunciata habeatur ilia claufula in prima fen-
' cum pertinere nofcuntur.
' Secundb, quod non Excommunicente Minifri Regis, licet ipfi non pareant
^Mandato Regis, in non capiend.o Excommtnicatoi.
' Tertio, de illis qui invadimt Maneria Clericorum, iit ihi fujfciat Pcena per
^ Re^em to fit a.
-p.
D SAnrtOy
lO
A Vindication of the
' Qjiarto^ qttoii non Interdicat 'vendere Eboracmji Archiepifcopo^ -vel
' alii vtnienti ad Regem.
^ Q^nto^ quod tollatur Magna Chart a de forihtis Ec cleft arum ; Confitetur eti-
* am cr concejjlt^ quodnec Regi, nec H^redibus fuis^ nec Regno fuo Anglia, rati^
'' one alior urn Articulorum in Concilio Rading, Content or um nullum ^rejudicium
* generetur in futurum.
In Englifli thus.
* Be it remembred, that the Reverend Father John Archbifliop of Canter-
^ bury came before the King and the King's great of in
*■ Michaelmn-sHtxm^ exWefimmHer, in the feventh Year of his Reign, and
' confeft and acknowledged, that^— of the Laws, Provifions, and Declara-
'■ tions, which were by him Promulgated at Rading, in the Month of Auguft
^ laft paft, amongft other Sentences of Excommunication which the laid
' Archbilhop did there pronounce : FirR, Let that claufe in tlie hrft Sentence
' of Excommunication (pronounced ae^^ainfi all thofe that obtain the KJngs Pro-
' hibition to hindtr Procefs in Ecclefiaflical Courts, ojJuch Caufes as are known to
' appertain to EcclefiaBicalCognizance and Jurifdiction ) be made null and void,
' and ftand for nothing, as ifit had never been made ; as alfo,
* Secondly, That the Kings Minifters of Juftice lhall not be Excommuni-
^ cated, although they do not obey the King's Mandates for apprehending
fucli as are Excommunicate. ( Note by the way then that the Wkit de Ex-
' communicato capiendo ( the onely Weapon of EcclefiaHical Jurifdiction, and
' the onely Prop of Ecclefiaftical Courts ) was not Common Law, but long after,
' ( only Statute-Law, ) and but tnfome Cafes neither : 5 Eliz. 23. T^eQ^een
' finding (that fince the mifl of Superfiition was TjanifLt by the Sun-foine of the
* Gojpel, the People could not difcern any L err our in the Thunder of Excommunica-
* tionfor every petty^ caufe, and therefore ) that without the temporal Sword was
*" alfo drawn to back it, her new HigACommiffon-Court, and conjequently all other
' Ecclefaflical Courts ( that had no hV°apon but the Spiritual Sword of Excommuni-
' cation) couldflrike no Awe, Terror nor Reverence into the obHinate and contu-
' maciom ; much lejs into Delinquents.)
'Thirdly, That the PuniHiment inflidted by the King alone, upon thofe
* that Invaded the Clergy-mens Mannors, fhould be held fufficient.
^ Fourthly, That he would not hereafter interdifl: and forbid any one from
' felling any Meat or Drink to the Arch-bifhop of Tork, ( Whom the proud
Prelate had Excommunicated about a Qyiarrel betwixt them for Precedency, 8(C.
* And therefore he thought thsss to famifj him, as happened after to Jane Shore
' Excommunicate : God deliver men from a furious Bigot and Proud Prelate, when
' he hM Power to be Mifchievous ;) or any other that comes to the King.
'Fifthly, That be taken off from the Church doors; ( For
' you rnuf know, thatthelmpugnersofMdL^ndiQhMtTiwerein this Synod ofRi.-
' ding again declared Excommunicate ; which the Kjng and Parlia?nent did difike,
'■ and would not fuffer any fuch Sentence of Excom??mnication to pafs, except for
' things thought worthy and deferving the fame, in the Judgment of Kjng and
' Parliament, who were Judges alfo even of the timing of an Excommunication,
' even in particulars, which had (like the Impugners of Magna Charta ) been
^ adjudged formerly to deferve to be flruck with that Thunder-clap, that grew fa
' frequent, it Iq(1 its Terr our ;) the laid Arch-biOiop alfbconfeffes and does ac-
'knowledge, and grant, that neither the King, nor his Heirs, nor his King-
' dome of England, fhall receive any dammage by reafbn of any of the laid
' Articles contained in the Synod of Rading.
Bkf US I what work's here, to keep the Arch-bifhop and his Clergy qui-
et, that a King and Parliament muff ufe all the skill and Power of Eingland
( which commonly 'till Hen. 8. was all too little ) to bind thefe Brats of Rome
( and Creatures of the Pope, and Symoniffs, ) to the good Behaviour, and
to
"Naked Triith^ the Second 'Tart.
to tye up their Hands and Tongues from doing the King, his HeirS;, and his
Kingdom of EngUni any Mifchief.
And now ( Mr. Arch-deacon) I have beftowed fbme little Pains ( you fee )
to draw you a P/Aure in little., of thofe times of Edivard i. that you bring to
xx\2ks,fomethingto the ptrpofe of exalting yonr Ecclefiaftical Hierarchy and
Jurifdiftion, ( from the Profpeft of thole times;) and what Honour you
have got to your Hierarchy by this Provocation, Plume your felf ^vithbut,
I dare fay, the Reader will fay before I have done with you, that you had
done your Church as much Service in the Convocation, where the men of
your little ray, of your Talent and Improvements, would hften to your Leges
Jnglia with great admiration; rather than thus to negleft your great im-
ployment ( there ) by this impertinent Diverfion of Writing and publifli-
m^the Laws of England^ you have no more skill nor ability than
you have in undertaking to Anfwer the Awaked 7ruth.
But to take a little further View (with the Reader's Patience ) of thole
Popifh times of King Edward, &c. before Hen. 8. which (the Arcli-deaCon
thinks ) dp make fo much for his Turn.
Afflidions ieldom come alone, as poor John Pechham found true, by fad
Experience; forbefides, that there was no help fork, but the 4000 Marks
muftbepaid, or the Symonift Arch-bifhop lofe both Heaven and Earth,
King Edward his Wars with Scotland was as needy of Money as the
Pope, and he borrowed by way of Loan a whole Years Revennue of the Pro-
fits of the laid Arch-bilhoprick, and that Loan ( poor John Complains) being
little better than a Beneuolence, came in a very ill time ; For, Robert Kjlw'arhy
the late Arch-bifhop, and before him his Predeceifor Boniface, had left the
Arch-biifioprick lean, cadaverous, forlorn, delapidated and Poor, the Peo- '
pie too were exhaufted by Wars and Seditions:
For if they had had it, he could not ( he would not) have wanted it; and
the Pope too refolved that if the Arch-bilhop or the People had it, he alio
could not ( would not ) want it; ( as his Brother Poge ufed to lay ) he CQuId
never want Money lb long as he could hold a Pen in his hand to write to his
Af, ( meaning ) England ; for the whole World had not ( I had almolf laid
b.is not ) fuch Religious Zealots and Bigots, that would run at all, right or
wrong, intheCaule oi Religion, Religion, (^'a.sHud. who/e Honefiy
they all will Swear for, though not a man of them knows wherefore.
For thehibtleT/'^A'i^Papifts that hand near, and fees v/ithin the Scenes,
the Lives of Popes and Cardinals, &c. underftand the Juggle, and will not
give/-iw ^/'fere for an Indulgence, that here in England will go cur-
rant for a hundred pounds; whilft the modeft Papifts at Rome fmile at the
known pious Frauds, and the reft Laugh Eight out, or ( at leaft )/> their
Sleeves.
But to return
Though the Pope Bubled poor John Peckham, as aforefaid, He allb after
he had got a little heart ( Pap£ .ad exemplum ) does endeavour to Hebfor or
Wheedle the King out of Ibme Money by Texts of Holy Writ, (the very
fame that Ibme Religiom Bigots have made ule of, to as vile ends in our
times) in an inlblent Letter to his Majefty, written 9 £7jj;. i. beginning
with thele very words Excellentijfimo Principi, ac Dom. Edvardo, Dei
gratia Illufri Regi Anglin, Domino Hibernin, dr Duci Aij^uitanU, 8cc. Johannes ' ^"^''542'
permifftone divind Cantuarenfis Ecclefu minifler humilis, Sec. Which fee at large
in Spelm.an ; and after fome Complements, he falls on in downright Ear-
neft— irEa tamen oportet Domino magis ojudm homimbus obedire— fr adprava-
ricationem Legum illarum, qu^ divina Author it ate abfque omni dubio fubfifunt,
'nulla pojumus hurnand conflitutio'ne ligari, ntc etiam Juramente— That is ( in
plain Englilh ) the Arch-billiop told the King, he would be his humble Ser-
V '-nt, and as loyal a Subject as the beft, hut onely that he xkas bound to obey
God
lay
12 A Vindication of the
^ 2p. rather than men \ and that no IiLunane La\^"3, no though he had Sworn
to obey them, iliould tye or oblige him to the breach of thole Laws which
are founded upon Divine Authority.
Of which, he and the Pope were the Interpreters 2ind Commentators •, he
might as well have told the King, he would be his humble Servant, when,
where, and in w>hat he lift.
For prefently after he brings that of If a. lo, i. to vanquifli the King and
ro. r. Parliament that made him Recant ( his own Canons ) two years before ; D/-
cente Domino per Prophet am, Vn qui condunt Leges imqnas, Sec. Wo unto them
that Decree unrighteous Decrees, dnc. ( meaning the Statutes made by the
King and Parliament ;J for lb lie goes on—• quia igitur ab antiquo tempore inter
Leges & Magnates AnglU, ex parte una, (Jr Archiepifcopos, Epfcopos &■ Clertim
tjufdem Regni ex altera, duravit amara dijjenjio, pro-oppreffione Lcclefu, contra
Decretafumrnorum Pontifcum, contra Statuta Conciliorum, contra Sancliones Or-
thodoxorum Patrum, in quibus tribus fumma aucloritrts, fumma Veritas, fumma-
que fanclitas confijlunt, fupplicamus Regia Majefati, &C. huic periculofa dijfen-
tioni dignemur fnem apponerefalutarem, cui finis alitor imponi nonpotejl, mft vos
fublimitatem veflram pradiclis tribus, fcilicet Decretls Pontifcum, Statutis Conci-
liorum, & Sanclionibus Orthodoxorum Patrum, juxtd Domini beneplacitum cum
Catholicis Imperatoribus dignemini inclin.xre, ex his enim tribus funt Canyones ag~
gregati, cf jura Corona vefra Chrifli Corona fupponenda, cujus funt Diadema Cf
Sponja fua monilia, univerfa Ecckfiafica Libertates,-—— ( All which are moft
emphatical w^ords, and moft apt for our purpofe to flop the Arch-deacon^s Mouth,
that would have the prelent Church of England and its Jurifdidfion deriva-
tivefrom Edivii. 2im\ Edn\ Nor do I know any man more able (in all
Hiftory ) to write all that could be laid for Ecclefiaftical Jurifdiftion, Ca-
non-Law, or Civil-Law, than the Paid Peckham ; nor can any thing better re-
prelent the pofture of Affairs in England as to Ecclefiaftical matters, than the
laid Letter, which I will Englifli faithfully, as followeth )
' Becaule ( quoth the Archbifhop ) there has been of old and long has con-
* tinued a bitter Diffention betwixt the King and Parliament of England,
' on the one part; (God grant they may alwayes be fo, (as they ought to be
' but ) one part,) and the Archbilhops, Biflaops, and Clergy of this Realm, on
* the other part, to opprels the Church, contrary to the Popes Decrees, con-
^ trary to the Canons of Councils, contrary to the Sanflions of the Orthodox
^ Eat hers, in which three confifts the Supream Authority, xdcio. great*f Verity,
' and the choyceft Piety : We intreat your Royal Majefty, that we fhouid
' vcuchfafe together to put an end to this dangerous Diffention and Differen-
*ces, which can never be concluded, except you will pleale to fubmit yom
'• highnels to the Paid three things, namely, the Decrees of Popes, the Canons of
* the Synods, and the Opinions of the ancient Orthodox Fathers, according to
' the Command of the Lord, and after the Example of Catholick Kings :
' For of thefe three are the Canons made,and the Rights of your Crown mufl
'•fubmit to the Crowm ofChrift •, the Churches Rights and Liberties, being
' the Diadem of Chrift and the Ornament and Jewels of his Spoule, &c.
Whence I make thePe plain Remarks.
1. Thata^ the Devil ( Tempting ourBleffed Saviour) accofted him with
Holy Scripture in his Mouth, lb does this filthy Symonift talk Scripture Lan-
guage to the King and Parliament, whilft he himfelf hated to be Reformed.
2. That there was and has been an old Feud, Difference and Diffention,
(■ and cannot pofiibly be otherwile ) where the are Governed by one
Law, and the Clergy by another ; the Layety a diftinft and peculiar Party,
on the one part; and the Clergy witli other dePigns, a party in OppoPitibn
to the Layety, on the other part. The Devil and the Pope brought in that
diftinftion ot Layety ^.ndClergy, ( not God and Scripture, ) and it was never
a quiet W^orld in Chrifendome Puree that time of making tirat diftinblion,
which. God never made, That
Naked Truth, the Second Tart. 15
That when the King and Parliament Thwarts the Clergy and the Ca-
nons of their own devifing, and made to gratifie f as thole of Radmg aforelaid)
only their Avarice, Ambition and Revenge; yet that is called Opprelling
the Church of God.
4. That Kings alwayes f under the notion of lubmitting to God and
Chrift J fuhmit th^ir Scepters, Crowns and Dignities, to Religious Zea-
lots and Bigots, rvhe/t thty get the Power ; and they'l have it too, or they'l
want of their will.
5. That the Clerc^y, a4rchh//hops a/id Bi/hops ^.ccounted themfelves, and were
taken and accepted for the Church of England.
6. That the Pope was Head of this Church, his Decrees their Rule and C4-
nons to walk by, and carry on their Ecclefiaftical-Courts and JurifdiQiion.
7. That their Laws were contrary to the fence of the King and Parliament.
8. That the King and Parliament were fometimes (though but a little,
little time ) too hard for thofe Archbifhops, Bifhops and Clergy, of whom
the Pope was Supream head.
9. That it is impollible that our prefent Archbifhops, Bifhops, and Eccle-
fraftical Jurifdidion, can derive their Authority for Ecclefiaftical Courts
Trom the Popifh Arch bifhops, Popiili Canons, Popifh Bifhops fthat had
the Pope for their head ) fince our Clergy, Archbifhops and Bifhops, do re-
notince the Popes Supremacy.
I o. That the Ecclefajlicals before Hen. 8. (whiLft the Pope was their head J
look't upon the of England as their Inferiours ; and that the Kjng and
Parliaments Sentiments and Decrees Ihould truckle to theirs ; And if fbme
had not lome^ftrange Reliques, they would not dare f as this Archdeacon
does ) to write, and defend a Jurirdi(ftion and Courts in England^ without
l]5ecial Authority and Commiflion from the King.
And for him to fay. They Keep Courts by Common-law, is the idled of
all his dreams.
1. Becaule before Will, the Conqueror there was never any Spiritual C ourts
Kept diftin£t from the Hundred-Courts •, and if they have right to keep them
there at the Bayliffs houfe, let them come, but inftead of Chancellours, Sur-
rogates, and Odicials, and Archdeacons, muft fit for Judges there as now
and of Old ) two honeft Freeholders ; let them come then, with their Ec-
cleftafiical Courts founded in the Common-law before William the Conquerour.
2. The Common-Law (thisD.D. calls,p. 5i.jlongand granted Ufe in
the whole Land ; but then if they plead for their Ecclefiaftical Courts accord-
ing to ancient ufe and cuftome, they muft keep them in Places, Times, and
by fuch Laws and Judges, as were of the ancient ufe and cuftom.
j. The Common-Law of England is ancienter than our Chriftianity; but
Bifhops, as now in England, much leis Archbiflrops, f for Aufin the Monk
( fent hither by the Pope ) was the firft Archbifhop ) and much lefs Archdea-
cons, are the Inventions of men, and the favour of Kjngs, at firft, of Popifh
Kings; for before Auflin the Monk,£/zff/W had neither Lord Bifhops nor Lord muq Ds>m.6Q^
Arcnhifhops after the manner they are now, therefore neither they nor their
Courts ( as now kept) have any foundation in Common-law.
4. By his own (hewing, that Edift of William the Conquerour enjoyns that no
Bifhop nor Archdeacon hold Pleas any longer in Hundret, nor bring any Ec-
clefiaftical caufe to the Judgment of Secular men ; Therefore William the
Conquerour ( the Popes Champion ) brought with him this new diftinftion
of Clergy and Layty, and Eccleftajlical Judges and Secular Judges ; for it feems
Ecclefiaftical Caules fas well as Secular) were brought in the Hundret C ourt
to the Judgment of Secular men, not Ecclefiaftical men.
5. The faid Proclamation ordains every man to do right to God and the
Bifhop, not according to the Hundred, but according to the Canons and
Epifcopal Laws.
E Which
14 ^ Vtndkatton of the
• Which anfwers the greatell: Strefs of the D. D. Aiifwer, The Conque-
rour with the Pope brought in the Canons and Epifcopal Laws, and when
the Pope's head was cut off and his Supremacy taken away, vanifh alio
did his Canons and Epifcopal Laws.
And the Popilh King and Parliament in Hen. 8. time knew it as well^
and therefore when they had made the King Head of the Churchy as well as
State ( a fatal dijlin^fion of Church and State, and often makes.a Kingdom
divided againft itsfelf) cutting off all Appeals to 24//. 12. (in the
very next year ) they found a necelTity to abrogate all Popifh Canons that
were contrariant to the Kings Prerogative, and the Laws and Statutes of
this Realm, but fiich as were not fo contrariant and repugnant to remain
in force.
And to that purpole there was to be a Book of fuch Canons compiled by
thirty twO CommilfionerSj/'ar^/ fer pale,onQ moyety Clergy and the other Lay\ ^
but they did nothing, and fb that projecl in the Statute came to nothing ;
And for my part, in the Knowledge I have in the ancient Councils and Ca-
non's, ( in the making whereof the Pope had the great hand J they might
as well feek a needle in a bottle of Hay, as feekfor Canons ( amongft the old
ones ) fuitable to the new face of our Church when it had loft its old wonted
herad^ that had Authorized and Father'd the L/sg///?'Church and all Eccle-
fiaftical JurifdiStion from William the Conquerour, till 24 Henry 8. which
was 467 long years, and during then.-e^^' Reigns of twenty Kings together ;
who were lb tyred with the Pope's Infolence, that fbme of them ( as King
John J meditated rather to turn Turk, than undergo the Infamy as 'well as
Tyranny and Cruelty, in being f all his Reign ^ fo fhamefully Prief-rid-
den ; complaining and bemoaning himfelf, that after he fubjugated himfelf
and his Scepter to the Pf/e of nothing prolper'd that he undertook
ever after. ^
Therefore hard is the fate of Ml/?, uwizh more of that KJng2Ln6L King-
dom, that are under the Tyranny oHhefe Bigots.— How do they wreft the
holy Scriptures to furrogate their prepofterous Hierarchy, as did the laid Pop-
Archbifhop, in his faid Letter to the King, (^Edw.i.^ aforementioned,
quoting—Mat. 16. 19. Whatfoe^re thou Jhalt bind on earth jhall be bound in
Heaven: and threatning the Kmg-with death from De»r. 17. 12. Jnd
the man that jhall do prefumptuoufly ,and will not hearken unto the Priefi,(that (land-
eth to minijier there before the Lord thy God) or unto the Judge, even that
man (hall dye.
Then, threatens the King with Deut. 17. 18,19, 20. and with Luk.
10. 16. He that heareth you, heareth me, and he that defpifeth you, defpifeth
me ; And he that defpifeth me,defpifeth him that fent me: which (faith the Arch-
bifhopj St. Dyonifius expounds lerarchis in his qua agant lerarchice, obedien-
dumx(l,ficut a Deo mot is To the Hierarchy or Prelates in what they a6t as
Prelates, we ought to obey them,as thole that areinfluenc'tby God himlHf.
- ;Then he quotes 17. 8, 9,10,11. andiPe^. 4. andM/ir. 17. 5. Mat.,
28. 20. Acts 22. Mat. 18. 19, 20. Mat. 18. 17. Mat. 10. 20. as Imper-
tinent as tedious to infijl upon, concluding his Letter in a menacing way,
■■—irom'Lambeth, November, Anno Dommi 1281. and the third year of his
, Tranjlation.
Inftancing alio (-for his Platform and imitation in this his contumacy )
the example of Thomas Becket, and Boniface, his Predeceifors, as fierce
and editions as himfelf.
;^ut wife King Edw. i.like his Grandfather Hen. 2. and his Father Hen.
would not fb eafily part with the Reins of Government; for he difanulled
(not only the Rading-Canons as aforefaid,^ but alfb the Lambeth-Canons, Anno
1281.
Even as his Grandfather Hen. 2. abrogated all the Canon Law (being
" then
iSlahd Truth J the Second Tart. i ^
then D»ke of Normandy^ and particularly the Canons, of the late Councel of
Rhtmes^ And by Proclamation torbidding {Hu^o Archbifhop of Roa?i) to put the
fame in Execution ; and threatning Pope Imoctnt 2. that if he would not reffrain
the laid Archbifhop therein, he would turn Protejlrant fib I tranflate the words
of the Kings letter to Pope Innocent;) MinAtus eft Ajfcrte divortium ab Apojiolicd
fede, ntfij/r^fiimptio illius Archiepifcopt refrin/eretur.
Which fb frighted the Pc/e, that he was glad to//We/- and yield to the
time ; ( forefeeing a Storm approaching ) he very wifely made fair weather on'cy
( to ufe his own words ; ) QjwdprefeAb quamvis fuflumfuerity (jr d nobis in Mat.parUs
Concilia Rhemenft mandatitm, pro ejus tamen char it ate aliquando condefcendere (quan- ^"8*
do nonafcenderepojfumus ) debemus^ et pro tempore, ipjius z>o/untAti affenfumpr^bere.^'^^'^'^'
That is (faith the Pope) ' What was done in the Councel of Rhemes, was no-
, * thing but what was Juft and right,and alfo by us Commanded; nevertheleis for
< f ' charity fake we muff be lowly and condefcend then when we cannot climb and
* afcend and be uppermoff, and for the prefent, give our affent and confent to the
* Kings will and pleafure. And there had been a fatal divorce ( or beginning of
Proteftanifm) from by another(^Hen.-i.j long before P/e//. 8. if
Pope Innocent had been as ftiif and inflexible as was Pope Clement to Hen. 8.
So that all along, thofe ( that pleafe to obferve our Statutes, Hiffories. and
Chronicles, they) will find, that ever fince our Ecclefiafticaljurifdiftion was
brought from France and Rome by William the Conquerourj fbmetimes the Chyrch'
men and ( their head ) the Pope had the weather-gage, and fometimes the Kjmrsy
as they hapned to be fbme more prudent, fbme more weak, fbme more potent, and
fbme in greater ftraits than other ; of which laft condition, namely, when our
Kings afrairs were in a Peck of troubles and diftrelfes, the Pope and his Janizaries
(the I^opifli Prelates, ) alwaies wrought upon their neceflities, and ( moff un-
manly) would//ei/er give them/4/>^//;/r^er, when they had them down', None
fb cruel as Women and cowardly Gownmen when they get men at advantage j
many Inftances whereof you may fee in the reigns of King John,th& King Henries\
and the King Edwards, &c.
So that—Canon-Law, Statute-Law—now the Church, and now the
State, now the Lord Arch-bifliops and Lord Bifhops, and now the Lords tempo-
ral and the Common's had the upper-hand: but the Bijhops carryed it for the moft
part, and alwaies at long run, whileft they had the Pope or the High-Commif^
fion on their fide ; And (evenfince) they have loft thofe main Pillars, I
do not fee but it maybe (yet) in great meafuretrue, what the Learned Spelman
fayes was Currant (of Old) even to a Proverb, Os Sacerdotis Oraculum ejjet
Plebis ; Os Epifcopi Oraculum Regis dr Reipublica ; Both King, People and Com-
mon-wealth took all for Gofpel that the Bifnops and Priefts faid and perfwaded.
And therefore no wonder at what Mr. Archdeacon fayes, p. 4 9. That our great
Church-men had no fmall hand in making all our Laws, both Ecclefiaftical and
Civil; and made bold to fit upon the Benches Vvdth the Judges, in the Kings
Palace and Court, in the Councel and Parliament; In the County, with tliQ
Earl and Juftices of the County, in the Sheriffs County-Court with the Sheriff)
and in the Hundred-Courts with the Lords of the Hundred.
All true to a Tittle ; why, who durft take them by the Lawn-fleeves and ask
them what they had to do there ? They had as good have taken a Bear by the
Tooth, the ftouteft Lay-man of them all.
Befides, a Scholar was a rare Bird in thofe daies ; Ignorance is the Mother oF
Popifh Devotion; and therefore neither Lords, nor Parhament-men, nor Judgesj
had any more Learning than needs muft, no, nor skill in Laws.
So that the Clergy did all; who fway'd the Kings Councels but they ? who were
Lord Chancellors,Lord Treafurers, Lord Chief Barons, Lord Chief Juftices, Ma-*
fter's of the Rolls, but they ? '
Was not A/Ve/Bifhopof £// (in//, i. timoj LordTreafurer, andwonderfuf
skilful in the Laws and Court of the Exchequer ? Was not Martin de Patifhal
Clerk and Dean of PauPs made Lord Chief Jujiice of the Kjngs-bench (in H. 5 .time)
be-
J. Vindication of the
BraCl. becaule of his skill in Law? So alio was William de Raleigh Clerk,made one of ihe Judges of the
Kings-hemh ; fJenry de Stanton Clerk, Lord Chief Juftice of the Common-fleas; and the Par-
fon'of Oundell in Northamptonjhire^ made Mafter of the Rolls^ with thoufands more, even to our
n Ror times,and in man's memory; was not the Bifhop of Lincoln^Wilhatns^hoxd Trealbrer? (fo alfo
pat. 11. Bifhop Bifhop of ;) And Archbifhop Laaddid all tn all with King Charles i.
E. 2. And in the Cafe of Ship-money, and the Loans and Benevolences, (jhofe hard Jhiftsf) that
good King might well repent that ever he followed fuch precipitate Counfels.
And therefore, (Mr. Archdeacon.,) it is no great Credit to you (nor for your Jurifdidfi-
on Ecclefiaffical) to quote all the 12 Judges and their Subfcriptions, to vouch your Citations
in your own Name, and not in the Name and Stile of the King, becauie that Opinion was fub-
fcribedby 12 Judges,—
John Bramfjlon, L. C. J- Will. Jones. George Crocks Ro. Berkley.
John Finch,L.C.]. Jo. Dinham. Tho.Trevor. Fr.Cranly.
Hnmfh. Davcnport.,L..C. B. Ri. Hmton. George Vernon. Ri.WeJlon.
For they were every man of them, except AA/rrow and O condemned by Parliament,
for betraying the Rights and Properties of the Kingdom in the cafe of Ship-money.
And therefore, ( Mr. Archdeacon ) I except againft the Judgment and Opinion of your
12 Judges ( very legally) in the conflrudion of the Statute of Edvo. 6. 2. Alas ! good men,
to fay otherwife, it was as much as their places were worth, ( befides the Terrour of the
Star-chamber^ and High-Commi(fion-Court, and indeed every Spiritual Court, which were then
as horrible as the Spamjh Inquifition, and 16 much the more cruel that by the Oath ex Officio a
man was bound to accufe himlelf, which is not required by the Inanifitton oi Spain.
And there/ore fome have obferved, that when the fevere part or the Law, as in Sentences,
Fines, d'c. has beenput to the Votein theSr^r-c/j-^wf'fr and other Courts againft Offenders,
the Clergy-Men there., ( who fhould have been Exemplary in Mercy and Charity, and not
for[ummHrn Jasf) were alwayes more rigid and fierce than the Laity.
As for Inftarice, when Mr. Chambers., Carol. 1. laid (and only privately to the Privy
Councel, call'd thither toanfwerfor not paying Cuftoms, ) That the Merchants in Enghnd
were more xeruyig and fcrewed than in foreign parts; And what if it had been true ? why may
not our Laws fcrew them, and enaft bigger Cuftoms and Excife, (as of Wines, &c. we
do where's the great mifchief ? Why ; for this he wasto be fined in the Star-chamber., ( for
the words are not other where acftionable ;) And the Chancellour of the Exchequer he was for
fining him (for thofe words) 5001, fo alfo voted the two Lord Chief Jajiices : Ay, but when
it came to the Bifhops Dotftor Neal Bifhop of Winchejler cryes— 30001, then alfo
Dodfor Laud Bifhop of London 30001. Atlaft the bufinefs was adjufled, and the Fine
fettled 20001.
Therefore, Mr. Archdeacon) do not vapour and tell us of the opinion of the when
High-Commiffion-Court and Star-chamber were up ; do not we know, who penn'd the Procia-
mation's; and who did the bufinefs,and every man's bufinefs that durft ftand in his way ?
You may as well fay, ThatAtturny General iW^wasa great Lawyer; who doubts it?
does it therefore follow that Ship-money ( his Invention ) was Legal ? Anno Domini 1632.
And the Judgment of a whole Houfe of Commons might furely ftand in Competition with
the opinion of a fingle Archdeacon, though he had fome of the Judges on his fide 3 although
it was that Houle of Commons in 1640. for not one in Ten of them were Rumpers.
Vote of the ' Refolved— That the Clergy in a Synod or Convocation hath no power to make Canons,
Noufe of <■ Conftitutions, or Laws Ecclefiaftical, to bind either Laiety or Clergy without a Parlia-
Commons, i . ^^d that the Canons are againft the fundamental Laws of this Realm, againft the
' Kings Prerogative, Property of the Subje<fts, the Right of Parliaments, and do tend to Fafti-
* on and Sedition.
And therefore, your Doughty worj^and Leges Anglia., which ( you feem ) to commend as
the fence of a Convocation, and you their Prolocutor, faying, p. 66. * So whether it feem
good to the King and his High Court of Parliament, to augment or leffen it (Ecclefiaftical
' Jurifdidion ) or to continue it as it is, we., (we again ) fhall ftill maintain our Loyalty
• (that's kind ) and raanifeft our duty, and chearfully lubmit our felves.
I am glad to hear it j if this chearful fubmiffion be the fence of your Brethren, and that you
have( Mt. Archdeacon ) from them authentick Letters of Credence fox this Manifejlo.
But I doubt it 3 for (certainly ) your Brethren are better Scholars, and better principled
than to own fuch an idle and impertinent Difcourfe as this of yours, that is throughout fo loofe,
futile, and tending to fuch Principles, that indeed none are/o ro anfwer you as a
Parliament they do not think it beneath them to take notice offuch a that has fo little
Judgment as to think it poflible to prove the Spiritual Courts and Jurifdidfion, (as now praSli-
fed) tobe Common-Law CourtSf m\xQhlQfsStatut<-Law-CoHrts •, which is next to be confi-
der'd, in his
CHAP.
Nal^d 'truth^ th^ Second Part.
CHAP. lit.
Whofe Title is ^ that
KIN C Hevry 8. did not, by renouncing the power pretended by the Pope^
make void the Ecclefiaftical Jurifdidtion 5 neither was it void before it wa^
reftored by i Edtv. 6. 2.
And to prove this Negative, he's at it again with his old way of ^ejlions,
but that he (hews a little more warmth and wrath againft Mr. Hickeringill iri
this Ironical Sarcafm-—Pray Mr. Wifeman wkre^ and by what words did H. 8.
cut off, as you fay, all thefe ordinary Jurifdi&ions ?
Mr. Hickpringill told you enough of it in the Naked Truth, which read o-
ver lerioufly before you anfwer any more fuch Books (good Mr. D. D.J He
told you, that when the Popes Supremacy and Head was be-headed, and the
King made Supreme Head of the Church (as well as State ) and of the SpiritU'
ality asweW asTemporality, by Adlof Parliament:
The fame King and Parliament devis'd alfo, and advis'dj by what Laws this
new face of the Church Chaving got a new head, fure it had a new face) Ihould
be guided and governed.
Therefore the King and Parliament enadf, that the Ring (hall appoint Thirty-
two Commilhoners, not to make new Laws, but compile them out; of the old
oness fo that they were ndt repugnant to the Kings Prerogative, nor the LawS
of the Realm.
But that was a thing impoffible, for raoft of the Canons being forged at Rome
( or Licenfed there,* and Confirmed ) and alfo they fuppofing the Pope Head of
the Church ( which was againft the Laws of this Land ) nothing could be done •
and the reafon isalre^y given in the former Chapter, at large; fo that left (hall
need to be faid to this Chapte/, or indeed to the remaining part of his mighty
Volume, or Leges Anglia. ,
And truly, that King Henry 8. had Co much to do to keep and lecure his new ac-
quefts—^—(the Abby-Lands, Monaftries, &c.J and to Counterplot the Pdpe
and his Emiffaries; and on the other fide, the Englifh Bithops were lb confterna-
ted (at the fudden and total downfal of their Brethren and Sifters ( the Fryers,
Abbots and Nuns) that they were in a bodily fear, left that King (thus fleih't)
finding the fweetnefsof the Booty, Ihould hunt after more Church-Lands; And
thereforeMr. Archdeacon needed not ask the ^eftion. Was that toatchfulPrince
ajieep ^ no, ( furely ) nor yet the watchful Bilhops (I fear) did not fleepverjr
quietly, but were always troubled in their fleep, crying out, oh this
fat Mannor is upon the go- And thefe brave Walks, Houfes and Orchards are
a departing—^
And as dreams fometimes prove unluckily trUe, fo did theft dreams; forfoon
after was Cfirft ) exchanged with the two Archbiftiops by the Satute of 37.
Henry 8. 16. Sixty-nine fat and ftately Mannors (named in the faid Statute)
at one time from the Archbijhop of Tor^, and alfo a great many brave Country-
houfes, and rich Mannors frorii the Archbilhop of Canterbury^ and from
Edmond Bifhop of London ; which See was particularly named in the Sta-
tute.
But fome may fay, that the Abby-Lands which the King gave in exchange
were not comparable in value to the faid Archbilhops Lands and Man'
nors.
Who can help that .<? if they did not like thofe Abby-Lands (I fuppoft ) they
might have let them alone.
^ Thu^
fS
A Vindication of the
Thus the King having been bufied in the 2^th year of his Keign, with cut-
ting off the Koman Head, and all appeals to Rome, then troubled with his Abby-
Lands, beginning with the lefler Monaftries, 2j Henrj/Q. 2S. thofedigejied, then
the great Monaftries and Nunneries, 3i.He»rj8. 13. then the next year the
brave Houfes, Lands and Revenues of the Templers, called the Knights of the
Rhodes, and of St. John of Jernfalem.'-, 32. Henry 8. 24. then the Free-Chan-
tries, Hofpitals, in 37. Henry 2. 4, and in this his lajiyear, that Jad
exchange with the Archbiftiops , and Bilhop of London , 37. Henry
8. 16.
I do not fee any caule, Mr. Archdeacon, why any flefti alive (hould (ay, that
cither the King or the Bilhops mre ajleep for Thirteen years together, in which
time every one had work enough to be watchful.
Thebeft on't is, that the man thinks he can anfwer all Mr. HichgringiU's Ar-
guments (in the Naked Truth ) with a Story which he tells, p. 14. and fofilly
and fo little quadrating with the queftion in controverfie, that it is not worth
the anfwering, nor his obfervation thereon———namely, that though the
Lords ( of the Mannors ) v/ere changed, yet theCuftoms, and Courts, andOffi-
cers were not changed.
No, were not the Cuftoms, Courts nor Officers changed ? God forbid, for
then it muft ftill be a Cuftom, that neither the Bifhop nor the Archdeacon may
lawfully Marry: it will ftill be a Cuftom to excommunicate (as it was of old }
all that did not pay the Pope the firft fruits, and tenths, if the Cuftoms be not
changed 5 and a thoufand fuch exceptions could I make, if it were not below
me to take notice of all his idle and impertinent Whimfies and Stories, obvious
enough to every learned and ingenuous Reader, without my remark or afterifque
to expofe it. «
Nor does any body deny, but that King H. 8. willing to have a Divorce from
Queen Katharine, from Rome, and not able to obtain the lame, got it at home,
the laid Statute of Appeals cutting off all Appeals to Rome, and enabling the
Kings Courts, Spiritual and Temporal, to deterfnine the lame, "Any Forrein
" Inhibitions, Appeals, Sentences, Summons, See. from the See of Rome, &:c.
"to the Let or Impediment in any wife, notwithftanding.24. Henry 8. 12.
Whence note,
1. The defign of the Statute is to cut off Appeals to Rome, this Realm
of England being an Empire of it felf, governed by one Supreme Head.
2. Therefore no need of fuch Appeals, when they may be with left trouble
ended here within the Kings Jurifdidlion, in Courts Spiritual and Tem-
poral.
3. That Statute limits the cognilance of all matters cognifable in Spiritual
Courts, to thele Three Ibrts namely, Canjes Teflamentary, Matrimonial, or
Divorces, Tithes, and Oblations, and Obventions^ and if they can prove
their Courts to be lawful Courts, and by lawful Attthority, who ever doubted
but thole Three things were matters and caufes of Ecclefiaftical cognifance } but
they are not content to keep themlelves there ^ and therefore the great defign
(of the Naked Truth } is not in the leajl to check their proceedings in thofe
three Particulars, but their exorbitances in medling with Church-Wardens, the
Oath of Church-Wardens, exaftions illegal and unconfcionable in their Fees, in
delpight of the Statutes, in Probate of Wdls, Procurations, Sequeftrations,
Synodals, Licenfe to Preach, Vifitations, d^c.
4. The Archbiftiops, Bilhops and Clergy in Convocation, in left than Twenty
years after this Statute, found lb little Authority in this 24. Henry 8.12. for
keeping Spiritual Courts, and exercifing Ecclefiaftical Jurifdidion (itcoming
in but by way of Parenthefs, and not the purport and main defign of the Sta-
tute)
Ndked Tmthy the Second Vart.
^9
tute) that they all acknowledg and confefs, uno ore^ and 2. Phil, and Mar.
that their Jurifdiftion and Liberties Ecclefiaftical, were tak^naway^ anddefired
their rejlauration 5 and furely thty better underftood their Ecclefiaftical Jurifdi-
(ftion in ihoje days, than this Archdeacon can poffibly at this diftance, in thefi
days.
Lajlly, The Temporal as well as Spiritual Courts are enabled by 24. Heury
8. 12 to determine the controverfies in this Realm, without Appeals, and
yet none of them take upon them to Sit without the Kings fpecial Commifli-
on and Authority, except petty-Hundred-Courts, &c. which are Common-Lavo-
Courts 5 but fo are not the Ecclefiaftical ( at beft) further than Ecclefiaftical
matters may ftill by the Common Lavo be tryed before the Lord of the Hundred,
or his Steward and the Freeholders, and the Bifhop alfo and Archdeacon may
be fuffered to come into the Room 3 but whether they may come in without
knocking, or muft fit or ftand, be covered or uncovered, when they come there,
by th^Common Lato, (it feems} it is not by (our D. D.^ the greatCommonLarvyef
as yet determined.
And therefore it is much better for the Archdeacon, at leaft much more pro-
per for him, to leave thefe doubtful matters (as whether i Edward6. 2. be now
in force, and how far, and to what Commiffioners the ic^Car. 2, 12. does ex-
tend (wherein the Author of the Naked Truth would not peremptorily
aflTert any thing) to the decifton of z Parliament, or wifer heads than' his
own.
Then in Chap. 5. SeB. 2.theD.D. tells of another Statute, g i Tlenry 8. g. and
cites the words, but moft egregioufly faKe 3 there is not one fucRclaule in g 1 H.
8. g. But if there were, as perhaps (I will not deny) fomething to that pur-
pofe in another Statute, that Archbilhops, Biftiops, d^c. may wear the Tokens,
and Enfigns, and Ceremonies of their Order 3 and whilft they do nothing but
what to their Office and Order does appertain, no body will trouble themielves
about them.
And more falfe alfo is what he would make 25 Henry 8. 19. fpeak, as though
by that Statute the Convocation hath power referved ( by the fame Adf ) of
making new Canons, provided the Convocation be called by the Kings Writ, and
have the Royal affent and Licenfe to make, promulgate, and execute fuch Ca-
nons.
If this be true, I do not know but the Lambeth-Canons ( exploded and con-
demned by Ad: of Parliament) and thole of King James, are all Statute-Law:,
for the Convocation (that made them ) were called by the Ksngs Writ, and
they were confirmed alfo by the Royal ajjent —
In a matter of this confequence, let us turn to the Statute, and truft our Arch-
deacon henceforward no further than our own knowledg.
That of 25. Henry 8. 19. begins thus
The Title.
The Clergy in their Convocation Jltall ena^ no Conflitutions without the Kings
ajjent.
And as the Title, fo the body of the Ad, Where the Kings humble and obedi-
ent Jubje&s, the Clergy of this Realm, d^c. promije invcrbo S^cerdou, that they
will never prefume to attempt- promulge, or execute any new Canons, d^c. unlefs
the Kings Royal AjJent and Licenfe be to them had, to mak^, promulge and execute
the fame
Now is this D. D. an honeft: man } when the Statute only binds them to good
behaviour 3 namely, not to prefume without the Royal aflent 3 but does not en-
able them to make any new, though they have the Royal Affent ?
Falfe
30
A Vindication of the
Fdlfe alfo, moft impidently falfe, is his next quotation of a Statute 37 HcKry
8. 16. But if he mean 37 Henry 8. 17., ftill it is fahe, either through Impru"
dence, or unparellel'd Impudence, for there is not one word to the matter in
queftion, but the whole Statute is only a Licenle to Marry, a Licenfe for civil
Lawyers to Marry , and that though they be Marryed, yet that (hall not make
them uncapable of being Commiflaries, Chancellors, or Vicar-generals, or Offi-
cials5 but does not create orconftitute any Ecclefiallical Jurifdiftion, or Courts
to put them in.
Indeed, the faid 37 HenryS. 17. is a clear and evident explanation of the
25 Henry 8. 18. that thereby the King and Parliament did look upon all Ec-
clefiaftical Canons, Ordinances and Conftitutions, formerly made, to be null,
and void, and repealed, and of no effeft by the faid 25 Hcf^ry 8. 18. faying,
that the Bipop of Rome and his adherents^ minding utterly as much as in him lay
to aboli/h^ oh/cure and delete fuch power given by God to the Princes of the earPh^
whereby they might gather^ and get to themfelves the government and rule of the
worlds havein theirCouncils^ and Synods Provincial made divers Ordinances
and Conjiitutions And albeit the faid Decrees, Ordinances and Conjiitutions
by a Statute made 25 Henry 8. be utterly abolijhed, frujirate and
1. By this it is evident, that as the King, Pope and Bifhops had all work e-
nough to look to themfelves, and that King Henry, and his Parliament, and Bi-
(hops, were ftill Popifti, foif the Spiritual Courts had any Jurifditftion, yet they
had none but by way of Parenthefis in the (aid Statute of Appeals.
2. And that only in eaufes Tejiamentary, Marriage, or Divorce, Tithes or Ob-
lations
3. And to Judg of thele, and determine, was impoffible, becau(e they had no
Canons, Decrees, nor Laws Eccleliaftical, by which to Judg and determine of
them.
4. And therefore Mr. Archdeacon, though by what has been (aid, your Ofi»
might keep Spiritual Courts, although he were Married, (b al(b he might
keep Spiritual Courts, although he did nothing but whiflle there all the while,
or throw (tones at all that came near him 5 for Sentences and Decrees cannot be
made but according to a Canon Law or Rule^ and Canons there were none
in force at that time, in the faid Judgment of the Hou(e of Commons.
And therefore though you had never fo much Authority and Commiflion for
keeping your beloved Courts, what's that to the Naked Truth? Have you any
Commifiions for Extortions in Probate of Wills, for illegal Extortions of Mo-
ney, for Citations, Licenfes to Preach, Inftitutions, Induftions, Sequeftrations,
Synodals, Procurations, Money from Church-Wardens, Commutations, Vifi-
rations? to confute which, is the great import of the Naked Truth, and you
have not one word in your Leges Angli£ to fay for them, or for your felves, or
to juftifie by whofe, or by what Commiffion, or by what Canons you aft and
proceed. ^
It is a moft dangerous and fatal thing fure, for a man to think as the Papifts
do think (in thefe days) 5 whereas I thought, a man might have believed, that
Jefus Chrift is the Son of God, and a thoufand things more that the Papifts be-
lieve, and yet keep out of harms way.
But no, ourde^erate D, D. has (p. 22.) got Mr. HsckeringiU upon the Hip
again, and gores him too with one of the unavoidable Horns of the (harped of
Arguments, a Dilemma (in thefe words) namely,
i leave it to AXr. Hickeringill himfelf--, for if he thinks that that Convocation
( namely, in ^een Marys Reign ) fpai^ that which was not true, he hath faid no-
thing to the purpofe f (b his buline(s is done that way J. But if he think they
did (peak truth, then he thinks, that the Jurildiftion of the Church of England, as
derived
\
X
Na^d Truth, the Second fart.
21
derived from the King, according to the Statute of Edvo. 6. or inHet/. 8's tifne,
was no lawful Jurifdiftion^ that is, Mr. Hickeringill thinks as thePapjis thinks
War hawk again Mr. Hickeringill^ and a Premunite too.
Let him even pick and chufe, I fee there's noelcaping, yield or dye 5 there's no
fenceagainft a Crambee-Pun and Quibble;the fecond affault is always irrefiftible.
And yet this Joke is not fo witty as it is fharp and poynant, infinuating, that
Mr. Hickeringill's opinion is a Popilh opinion ^ fo in plain Englijh he (ays be*
fore Chap. 2. Se^. 1. In thele words Thus our ancient Ecclejiajiical Go-
vernours and Laws depended upon the Crownand not upon the Pope^ by the Laws
of England, and in the Judgment of all the States of the Kingdom before H. 8.
and jo did alfo the execution of thoje Laws^ by thoje Qovernours in the fame publick.
Judgment——All this is true, and the very Naked Truth in other words varyed.
And what of all this ? liften a little better than Mr. Hickeringill'x Popijb
opinion.
And why, I pray, Mr. Archdeacon, why this unfanflified Epithete of
Popijh To vindicate in the words of the ingenious Hudribas— ...
When you at any thing would raif
Then you makg. Popery the Scale,
To take the height on't and explain
To what degree it is prophane.
Well, look to thy hits D. Z). for all the corps of thy Archdeaconry, together with
the Extortion- money in Viftations, Synodals and Procurations, will not be able
to pay the damages that you and your Bookfeller Royjion are like to undergo,
forfeit and pay, for bringing that (candalous imputation of Popery (b often in
your Book again(t Mr. Hickeringill, who though he has not much Ecclefiaftical
Emoluments to lofe thereby, if the imputation be true, ,yet he pays the King
AlTeflfments, and finds Arms for above 200. /. per annum, temporal eftate of in-
heritance^ a third part whereof (befides other mifchiefs) are forfeit, if you
ean prove him a Papift 5 and if you cannot, 'tis fit that on the Gallows which
was fet up for mnocent Mordecai, that wicked Haman (hould behang'd thereon 5
and the mifchief which you wickedly defign'd againftihim, *tis but juft it [hould
fall upon your own Pate 3 and that you and your Bookfeller [hould for the Li-
bel fall into the fame Pit which you have in malice and wickednefs digged for the
innocent. Alas! you do not know Mr. Hickeringill (the man you fcandalize)
in time he'l make you know him better, I dare affure ye 5 as he has, and will do to
(bmeothers, fuchrailers, lyars and flanderers as your (elves, f\xxe.y[v. Archdeacon
you do not fay your Prayers, you do not ( fure) fay your Litany D7D.
But all your provocations cannot make Mr, Hickeringill re:nder you railing for
railing, the wonted attacks of effeminate and doting old men.
The Author of t\\cNaked Truth isfbmuchagainft the Popes Supremacy, and
all other Religious Bigots, that (bme think (" as does this Archdeacon J that he
gives the Kxngtoo many, even all the Keys of the Church.
For'tis undoubtedly true, that the Crown of this Realm of Englandis, and
has been ( before H. 8. ) Imperial 3 that is, de jure, not de fa&o 3 thanks to
the wicked Ufurper, the Pope and his Legates, like that Paudolfus, who in huffing
pride fet his Ecclefiaftical foot upon this Imperial Crown in King John's time 5 or
like thofe Popes that made the Emperors themfelves hold their Stirrups.
This ought not to have been done, it was not de jure, it was commonly de fa-
Uo done, before R 8ths time: and thus (with his ^ixot-chivalryjht. affaults
the Windmills (et up by his own brains, like boys that (ct up their Shrovetide-
Cocky only to throw at, and bufy themfelves.
As for example. Chap. 7. Se3, he fays, the Statutes grant Conjitltations and
Appeals into Chancery from the Spiritual Courts ■ —'Tis true, but what then } it
only (uppo(b that the Spiritual Courts meddle with thofe appealable Cau(«,
(^Matrimony, Tythes, &c.) which are but very few. G And
31
A Vindication of the
And whereas he fays, the BiJJjops ptay deprive^ and have Statute-Liivp for fo do-
ing 5 'tis falte, they have indeed power by i H. 7. 4. to commit a Minifter that
has committed Inceft or Fornication, to the Gaol, but for no other offence 5 and
that Statute was made upon force, when the Laity durft not meddle with a Cler-
gy-man, though a muderer, without confent of his Ordinary.
However the Clergy then •weteibgoatijh, numerom., and high-fed^ that no man
could keep his wife or daughters from thofe lazy and buckfome Abby-Lubbers 5
andfo let the Biftiops (J?///) for Incontinency fend the Delinquent to Gaol, but
(I thank you) no fuch matter, Incontinency is now as modifh and fafhionable
a fin as ever, I have known Two or Three notorious Whoremafters ( Minifters
jn Ejjex) convift, but they fcap'd the Gaol, and one of them ( nScotch-mm )
that had twd Baftards in one year, got a Pardon.
The fin of Adultery and Fornication is a filthy and abominable fin in all men,
efpecially in Divines, but as long as it is the Mode, it will find great Patrons to
countenance and abet it ^ fmet-lips cannot forbear fo fweet a fm.
No body denies, but Procurations, Synodals, Robbing by the High-way, Vifi-
rations and picJ^ng of Pockets (in fpight of Laws, Canons and Decrees of Ho-
ly-Church to the contrary, in fpight of Equity and Confcience, in fpight of Mer-
cy. Pity and Compaffion, has been ( in times of Prelacy) in fpight of Chrifts
command, and the Apoftles command (not to wrong men for filthy lucres fake') has
been, I fay, an old and ancient pradlife^ and indeed, in the days of Popifii Pre-
lacy and the High Commiflion, they did what they lift, who durft controul or
gainfay ?
But now that Popifh Prelacy and the High Commiflion are null'd and made
void, and all their Ecclefiaftical Jurifdiftion fo precarious, and no authority for
their Procurations and Synodals, no authority to call Church-Wardens and Mini-
fters before them to a great Town and Tavern, no authority for fuch Vifitations,
much left to demand money for the fame, no authority (neither) to demand
money in Ecelefiatim-Vifitations : (and yet they will have fix (hilling and eight
pence ready money, and vifit Twenty Churches in a day (a very fpecial Trade J.
They will not be put off with a little Viduals, Bread and Cheele, or Pottage :
no-—thefe Ecclefiajiical fellows are high fed. )
And truly to fpoil all their Courts, though they had never (b lawful an au-
thority, let but the people follow this following advice, and you will not long
be troubled with them.
Namely, When the Minifter and Church-Wardens are cited to come to a Vi-
fitation at a great Town, and there is a great Tavern, take no notice of it,
refufe to be hurried from your bufineis, your families and your homes againft
Law, let them proceed againft you as far as they daxe^ if they excommunicate
you for contempt, a good Aftion of the cafe lies againft them, for there is nei-
ther Statute-Law, nor Common-Law, nor Civil-Law in England to juftifie fuch
Citations and Vifitations.
Indeed, there is old Canons in times of Popery, to juftifie, that there has
been EcclefiatimVifitations: namely, for the Vifitor or Biftiop to come to your
Churches, and fee how you do 5 but it is againft all Law, Equity and Conici-
ence - ■ -to (ee how your Pockets do.
Therefore if they come, Ecclefiatim Vifits, give them fuch poor fare as the Vi-
car feeds upon ^ if they be hungry feed them,do not fat them,do not feaji them,znd
riefecure,you (hall not be often troubled with them thence following 5 but give
them not a crofs of money, and fear not that ever they'l difquiet you very often.
As it is in the Naked Truth—if their vifitationes morum prove not to be i)U
fitationes nummorHm,V[e be your warrant,you (hall not need a new Ad of Parli-
amentto flofve them ofii
So, if they call upon you, and cite you to prove a Will, or take an Adminiftra-
^Jtion,
"Naked Irnth^ the Second fart.
2-5'
tion, though the Sumner or Appariter come Forty Miles, do not give the hjtave a
Groat, but for him, and his Mafters, and the Citation or Procefs, give him Three
Pence, and no more, as by Statue, 25. Hen. 8. 9. i. Eliz- i.
If they ask or demand any more, fue them upon the (aid Statute, inan Aftion of
debr,or (jui tarn—five Pounds due to the King,and five Pounds to the party grieved.
Th.- like penalty upon them,if you fue them for taking more for Adminijirationsor
Probat of Wills than is allowed by Statute; nay, if they will not give you
your Will, when proved, into your own keeping, upon demand, there liesafwindg-
ing Aftion againlt them, ^sBaronWejiondtcXdirtd at Chelmsford the laft Afiizesin
open Court to the Countrey, exhorting them to bring fuch Aftions againft thole
Ecclejiaji/cal fellom ( fo he ftiPdthem ) and if they brought fuch Adions before
him, he would make examples of them.
The cry, the common-cry againft the extortions of thele Ecclefiaftical fellows'
was loud and clamorous all over England, and reacht the ears of the King and Par-
liament in Henry 8ths time (as in good time it may again) which occafioned the
Statute of 21 Henry 8.5. as appears by the Preamble of that Statute againft their
extortions, in thefe very words,—namely,-
Where in the Parliament holden at Weftminfter, in the 31ft. year of the Reign of
the Noble King of Famous Memory, Edw. 3. upon the complaint of his people for the
outragious and grievous fines and fums of money, takgn by the Minifiers of Bifhops,
and of other Ordinaries of Holy Church, for the Probat of Tejiaments, and for the
Acquittances by the faid Ordinaries to be made concerning the fame: The faid Noble
King in the fame Parliament openly charged and commanded the Archbifwp of Can-
terbury, and other Bijhops for that time being, that amendment thereof fjould be had :
and if no amendment thereof fhould be had, it was by the authority of the fame Par-
liament accorded, that the King fhould thereof make inquiry by his fuflices, of fuch
opprejfion and extortions, ^c. And where at the Parliament holden at Weftminfter,
3 Hen. 5. it was recited, that theCommons of this Realm had oftentimes complained
there in divers Parliaments, for that divers Ordinaries do take for the Probation of
Tejiaments, and other things thereunto belonging, fometimesKL,. s. fometimesLX., s.
and fometimes more, againfi Right and Jufice^ where in time of King Edw. 3. men
were wont to pay for fuchcaufes but 2.s. 6. d. or 5- atmofi, by which unlawful ex-
a&ions, d^c.
Then it follows in the Statute, and is enaded, that none of thefe Bijhops Ordina-
ries, Archdeabons, CommiJJaries, Chancellors, Officials Regijiers, Scribes, Praifers,
Summoners, Appariters, or other their Minifiers, ft)all take or demand for Probation,
Writing, Sealing, Regifiring, making of Inventories, or giving of Acquittances, or
for any other manner of caufe concerning the fame, any more than what follows, namely.
Where the goods of thedeceafed amount not to more than 5. /.
tm S» dt
r For the Probat of the Will— —00—00—06,
TotheRegifter ^ Or if an Admiftration, thenalfo-^ —-oo—00—00,
^ And to the Judg do—00—00*
Where the goods of the decealed amount to more than 5. /.and yet under 40. /.
/. X. d.
To the Bilhop, or Ordinary—r— 00—02—06.
And to the Regilter- — — 00—01—00.
For fuch Probat, Inventory, or Adminiftration,
Where the goods of thedeceafed amount to above 40. /,
\ t* S 9
To the Ordinary, or Judg Ecclefiaftical —.00—02—06.
And to the Regifter for Probat of fuch a Will 00—02—06.
And for Adminiftration of fuch goods of that value,to theRegifteroo—00—op.
Or the Regifter, or Scribe may refulethe faid. — 00—02—06.
And if he pleafe, may take and demand a penny for writing every ten lines of
fuch Teftament, each line to contain ten Inches. For
34 A Vindication of the
For Inventories they ufually take 40. s. a Prefs (as they call it) that is, the
length of an ordinary Iheet of Parchment.
But by this Statute, for It7ver7tories not om farthing.
Here's(now)one would think,a Law to keep them in awe,but it fgnifiesnothing,
they have got fo many cunnrng jiarting-holes to creep out, 'tis hard to catch a Fox,
For if they be Indited for extortion, or that you bring an Adion of Debt
upon the Statute, or a qui tarn—namely,
/♦
Due to the King for every fuchextortion' 05—co—co.
Alio to the party grieved -05—oc—oa
But here too you will be baffled again, except you punctually obferve thefe
following Conditions; If it be a Will that is to be proved,
1. You muft bring the Witnefles along with you to prove the Will, and that
it is the true,whole,and laftTeftamentof theTeftator,and that the Executor alfo
believes the fame to be the laft Will and Teftament of the Teftator. 21 H. 8. 5.
2.Y0U muft bring alfo(^Co£t Wax)rcady forthe Judgtoputto,and affix the
Seal of the Court,if the goodsof thedecealed amountnottofivepounds.2iH.8.5.
g.You muft bring two Inventories, fairly written and Indented,theonQtohe\eft
with the Ordinary, the other to be carried away by the Executor, or Adminiftra-
tor. 21
4. The very Individual Will and Teftamentof theTeftator youmuft carry a,
way with you again, fo fbon as it is Regiftred, as 21. H. 8. 5.
5. You muft carry with you good Witneffcs of the Tender of the faid Fees.
And keep but to thefe Conditions, which are plain and eafie, and there is never
a Regifler, 01 Chancellor, ot Sumner oi them all that will give many hundreds of
pounds for the Place, nor will you be much peftered with thefe Ecclefiaftical-
Courts, or Ecclejiajiical fellows: ( for that now belil^ is the word, Ecclefiaftical
fellows) 9 nor with Archdeacons, although they had never fb good Authority for
keeping Courts, and fending Citations in their own names, and not in the name
andftile of the King (their head) and the head of the Church, as well as State 3
and as all other hisMajefties Courts are kept in England.
Indeed theCourts-Baron, and Courts Leet, &c. are kept in the name of the Lord
of the Leet, Hundred, 8cc. they being the Lords- Courts properly, and not the
Kings-Courts, no more than his Lands or Mannors are properly the Kings Lands
and Mannors.
But the Courts of Juftice, whether Ecclefiaftical or Civil, ought furely to be
open to all the Kings Leige people, and have the Kings Authority, name and ftile,
not only for their Warrant and Authority, but to give them thereby life, vigour,
power, Granduer and Majefty.
And 'tis ftrange to me, that men who have taken thtOath of Supremacy, have hid
defiance to the Pope,zxi6. do not pretend tofetupz Commonwealth in a Common-
wealth, norany Government independent of the Crown Imperial of this Realm,
nor have no privy defigns(at fome time or other)to ftand(as of old)upon their own
legs without dependance upon the King (whom both Papifts, Presbyterians, Fift-
monarchy- men,&c.endeavour to fuhjugate to their difcipline)fhould be fo aukpard^
and loath to have their Proceffes and Citations go out, and runC^?/ other fVritsym
the Kings name and ^//ejand it were but for their own ends to agrandizx their Pro-
ceffes and Proceedings 5except(4J'ytfrz»er/y)the Clergy dotake care to have as little
dependance upon a Lay-man may be 3 and I fay again,it will never be well,
nor our differences cemented, until Lay and Eccleftafiical men be one and the fame,
with one and the fame ends anddefignsCinthis Kingdom) where all Ecclefiaftical
and Lay-power is united, and one and the fame, in one Head,our Soveraign Lord
the King.
*Tis this Bigottifm that undoes us, and wars upon the fcore of Religion CBat
(above all other ^ings)has blooded all over the ytoCxxX face o( Chriftendom.
Let
Naked Tmh, The Second Tart.
But let me hear of no more Extortions for Vifitations^ Procurations, Sy-
nodals, Inftitutions, Indu£lions, Ordinations, Licenfcs to Preach, Seque-
ftrations, Pilling and Polling the Clergy, nor (in Probate of Wills) the
Laity; and in Vifitations, Church-Wardens.
And when they have done, and (Performed their fiid Great Duties) if
(after that) they cry out, for want of work and Employment, let them (alfo)
fit upon as many Benches, as (hall be thought fit.
It is acknowledged, alfo, That Convocations are, alwayes have been, and
ought to be Aflembled by ih^Kingh Writ only; no doubt on'c, (forelle
they are an Unlawful Conventicle:) And there let them Sit together,
'till I, or any Body elfe difturb them, or meddle with them*
The Power to make Laws for the Church, was ever in the {King and
Parliament only;) and who ever denyes the lame, 'tis fit they fhould fevere-
ly Anfwer it in a Parliament: Have a care of a Parliament, ( Mr. Arch-
Deacon-^ ) Have a carc of a Pr^munire, War-Hawk; (I will not fay,)
War - Buzzard.
I had almofi: forgot to touch upon one String, with which he makes a
great Sound and Nolle in his Proem-^ and that is, to prove, Wrsxchan-
cellars, Regijlers, Sumners, Officials^ Commijfaries, Advocates, Notaries, Sur-
rogates, &c. ejufdem farime, are all Church-Officers Jure Divino, and ac-
cording to Holy Writ: Ay! But where? What Chapter? WhatVerle?
(It follows as clofe as any thing) In i Cor. 12. 28. Helps in Government.
^ The Regijlers are but to Make (I thought that had been the Judges Office,
* to Make) and keep the Atls of Court, &c. Advocates and Proltors, to Order
*■ and Manage Caufes; And Apparitors, to Serve Procejs, and Execute Man-
' dates, &c.
Then this Remark ; ' Mr. Hickeringill is a Man of great Experience
' in Spiritual JuriJdiilion, and need not be told of thefe plain Matters ; (ha-
vingfaid iri the firft words of this Paragraph,) ' But, How witlefs,and Qtuker-
* like is this ? And, How unlike Air. Hickeringill ?
Sometimes he makes (Mr. Hickeringill) a Hobhisl, a PapiH, a Statijl, and
a Man of great Experience in EccUftaJlicalJurifdiilion'^ ,and now a Witlefs
Quaker-^ (Even juft what the Good Old Gentleman pleales.)
But fure, Mr. Arch-Deacon does miftake, and Mr. Hickeringill is not a
Man of lb Great Experience, but he had need to be told of thele Plain Mat-
ters again and again, before it can be beaten into his Head; That the
Apoftle (who never had Regijler, Surrogate, Apparitor, nor Commijfary, Of-
ficial, nor Advocate, (nor the Primitive Church) no, not fo much as an
, Arch-Bifhop, or an Arch-Deacon) Ihould ever intend, or mean any fuch
Creatures, when he told the Corinthians of. Helps in Government.
Well, of a D.D. 'tis an Incomparable Finder, a Piercing and Qjfck-fght-
ed Commentator foi* a Man of his Age, that cannot lee without SpeUa-
cles.
For ProBors, Sumners, and Apparitors, arc yjdkkxxch. Helps in Government,
in the Church ; Squire Dun, and Gregory, in the State; namely. Helps
to Ruin many. Alas! Poor Primitive Church of That made a Shift
to lubfift many Hundreds of Years, (by Miracle furely) and yet never had
thele Als-fiftants, or Helps in Government.
Such Helps in Government, ( God knows! ) as are far more fit to People
the City that Plutarch fpeaks of, called Poneropolis: God grant them a good
Shipping; they'l meet with many of their Brethren in Spain and Italy.
And it is as fenllels to Defend thefe Ecclefiaftical Fellows by Magna char-
ta^ becaufc luch as They {if they Jlill be Papijls, as thofe were) were (then)
Members of Hgly-Church, and brought hither from Rome by William the Con-
querour.
H For
A Vindtcatton of the
For by thatFirft Claufe of Magm Charta, That the C&Urch of CnglattO
0)allbe iftee, anh all llhertlesS, &c. caa never be meant, (as
the Anh-Deacon would infinuate) that it is a Sin to alter that Frame of
Government, and the Rights and Libertyes o( Holy Chmch : For voter.
Pence Fir si Fruits, andTenths to the PopCy Inveptureof Bijbops, &c. with
many other, were then the Right and Ltherties of Holy Church, (as afore-
laid) whenwas Made. » *ji
I have not willingly omitted to give Anfwerto all, and every the idle
Cavils and Exceptions in his Book: Once for all, (by way ofConclufi-
on • for I am quite tired with his Impertinencies) let the Reader Read the
Statute of I. Fltzo' i- and he will find,
I That the Popifli Ecclefiaftical Jurifdi£tion of the Church, at the Ma-
kineof that Statute, was cut off utterly, by the Name of all Forretgn Pow^
erJ Repealing the i. and 2. Phd. & Mar.%. whereby the See of Rome had
been again fet up in E>,gland, from whence (that St^ute confelTes with
great Contrition) (to ufe the Words of that Statute,) had a long whUe
mnired, mi frayed abroad; and in which Statute, the frotefrnt Ecclefi-
aftical Jurifdiftion (let up by Edward 6.) is Difanulled. ^
2. That therefore by i. Eliz. i. it appears, there was then neither Popsjb
nor Trotefiant Jurifdiftion Ecclefiaftical.
? That therefore full Power and Authority is granted to the Qyeen, Her
Heirs and SuccelTors, to fet up the High-Commiflion-Court, tht Soul and
Life of all the other Inferior Ecclefiaftical ^ourts.
4. That this High-CommilTion-Court might (for the Greatnefs thereof,
for the Novelty thereof, and for the Grievous Vexations thereof) be cal-
led " yet all the Inferior and Subordinate Courts were
all of a Piece: It was the Head-Court, whither all Appeals at length
might come- and it animated all the Reft: and whenit was Difanub
led; and that Head Beheaded by il.Car. 2.12. all the little Inferior, and
Ordinary Ecclefiaftical-Courts, were held Head in Law., and Spirit-lefs. And
when wefhall perfwade the King and Parliament to iJex/zi/e Them, Cod
^"fiu^^erus fuppofe, that they have Right in their Ecclefiaftical Courts
to take Cognizance of caufes TeHamentary., Matrimonial^ of lythes
and Oblations; and by i. Ehz. 2. for not coming to Divine service:
What's this to Vifitations, church-tVardens, and the Oath of Church-Wardens,
Procurations, &c. • jv t mi
In Caufes Teftamentary, (whether Men be cited, or not cited) I will
(as I am an Ecclefiaftical Judge) give my Country-men this honeft Coun-
eel (without a Fee) meerly for the Publick Weal:
Bring your Will (if you be Executor and Inventory as atoreiaid) as
alio, make the feme application to them, if you be next of Kin to the
Deceafed, and have Right to take Letters of Adminiftration) keep to
the former Inftruaions, and Tender them the afore laid Fees: And if
you be an Adminiftrator, then according to a late Ad, (for an Admini-
ftration-Bond, tender them One Shilling more.) Ifthey RefufetoDifpatch
you, without Fruftratory Delay, go away: And what ev^ you are Damni-
fyed thereby, the Law will give you Right, and Satisfaaion and Repara-
tion upon them. , , , ,
And if they be thus held to Juftice, and to take no more than due
and legal Fees, there needs no Aa of Parliament to Difeountenance the
And indeed they cannot afford to buy their Offices, and yet get no
more than legal Fees; for the value of Mony is lb different
was in Henry Eighths ivsxtj (when a Harry-groat was the chiefeji Sidxti-
Coyne,
ISlaked Truth, The Second Tart.
27
Coyne, and would have bought as much Victuals as Half-a-Crown will
now) that they cannot afford to keep darks, nor to write and Regifter
.Willsat this day for the Legal Fees.
But who dare Make himlelf wifer tlian the Law; when the High-
Comfniflion-Court was up, there was no dealing with them, nor with
their extortions ; And ever fince that Court has been defeated, no Parlia-
ment has (as yet) thought them worthy of larger Fees; and why fhould
men be wiler than what is written, and enaded in the Statutes of this
Realm ?
No doubt but the fettling of thele Ecclefiaftical-Matters,and the Curbing
thele Ecclefiaftical Fellows, are things of weight and great Con/equence,
delerving the moft ferious debate of the higheft Judicature, a Parliament;
But till they have time, or till they think fit to take fome Order here-
in, I have fhown you how to do their bufineis.
Nor have I done this, out of Malice and Spleen, againft thele Eecle-
fiaftical Fellows, that do lb Huff the Countrey, and the Inferior Clergy,
but in DeteUation of their Avarice and Extortions, Aggravated with fuch
infufferable Infolence, that I fpeak but the fenleof the Common-Cry of the
Country againft them, as Loud and Obftreperous, and for the lame exor-
bitances, as in the Reigns of Edward the Third, Henry the Fifth, and Henry
the Eighth, when thole three Statutes were made on purpofe to check
their Inliifferable Pride and Greedinels.
And for an Example to them^ Rle only Inftance in the laid Popilh King
Edward the Fir fly how he made an Example of them. i. In England. 2.
Scotland. Ireland.
I. In England, when "john Roman Arch-Bilhop of Tork, Excommunicated
Anthony Beck Bifhop of Durham, for Imprilbning John de Amelia, and tviUiam
de Melton,^vhX\Qk Notaries, lent by the Arch-Bifhop to Summon before him
and the laid Bifhop, then employed in the Kings-Service, in the Northern
parts, the Arch-Bifhop admonifhing him thereunto. Once, Twice, Thrice,
and ftill the Bifhop (or his Minifters,) refuling to releale them', the Arch-
Bilhop thunder's out the Curfe (againft him) of Excommunication,^^ the Pri-
or of Boulton in Craven, to caufe the lame to be publifhed in the Chur-
ches of Alverton and Darlington, begining, Johannes Permiffione dia Ebo-
*rac. Archi-Epifcoftis, AnglU frimaSy DileHo inChriflo filio Priori de Boulton, foBreviaRe-
* ^c.Dat.apud Sanctum Martinumquxtaviterbium \'^.Kal. Maii,Anno Gratia, gis.
* i 29 2. d" Pontifcatus noftri Septimo; In the tcventh year of our Popedom.
( For Papa, or Pope, was the Common Complement every little Bilhop
paft upon his brother Bifhop, in thole dayes; of which, I can Inftance
in many Records, if needful.)
L his difference was decided by Parliament. Johannes Archi-Epifco-
^ pits Eborum Attachiatus fuit ad refpondendum Domind' Regi, cCe placito, quart 2i.Ed. 'i.nu.
* cum pLcita de Imprifonamento & aliqs tranfgreffionibus in Regno Regis contra 17.18.
*pacem Regis faUis,ad Regem & Coronam—idem Archi-Epifcopits per Johannem
* Pr'crem de Bolton in Cravene Commifarium fuum, in venerabilem Patrem
' Antonium-Epifcopum Dunelm. &c. Die mercurii prox. ante feflum S. Jacobi
* Apofloli Anno vicefflmo apud Derlington, &C. Sententiam ExcommunicationU
* in diHttm Antomu n, &c. fecerit fulminari, &c. In Regis contemptum, &C.
* in defpeHum tpfiits Re^is 20, Mill. Librarum, & hoc offert Ricardtts de Bre-^
^tenii\>vo Domino Rege verificare, &c.
* Et Archi-Epilcopus venit & defendit omnem contemptum & totum,
' &c. & dicit quod Ipfe nihil fecit in contemptum Regis, nec contra dignita-
* tern fuam, &c. & dicit, quod de fententia a Canone lata per ipfum declara"
* ta, in curia Domini Regis non debet refpondere ; fed tamen falva libertate
* Ecclefia fua ob ReverentUm Domini Regis vult plane declarare foHum fu-
' um, &C. ' Et
i8 A Vind't'catm of the
' Et Ricardus Bretenill qui Sequitur,fro rege dicit^ quod Prsdicius Efif-
* copHS Dunelm. Habet duos Jlatus, viz. Statum Epifcopi quoAd Spintudiay
' et Statum Com. Palatii quoad. Ten.Jua Temporalia^ &c. too long here to Recite;
(I can fhew the whole procels in Parliament') where the Arch-bifhop was
Voted to be committed to Pri/bn, to Abfblve Bifhop Anthony, and to pay
what fine the King plealed, which was Four Thoujknd Marks of Silver
(an Immenle Sum, in thole dayes) but the Arch- biOiop was vaftly
Rich, and though the Son of a whore (a poor Chamber-maid; yet Ihe had
the wit to l^y the Ballard at a Rich Man's door; Fathering it upon one
John Roman, Treafurer of Fork, who educated him very well, made him
a Schollar; and ^ Henry De .Knighton fayes, he was a right Roman, for
'fj/.de R^igh- he inherited the Roman Avarice of thole dayes, as well as the Name;
di ev^nt |5gijjg Atch-bifhop that wheedled himfelf into the eftate of the
ci! 2507.^' deceafed that died Inteftate, or that gave Letters of Adminiftration, in
England ; {.and yet this deep-read Arch-Deacon makes the common Lam de-
po/e 2ind Juii'ify their proceedings in Spiritual Courts) Pretending (that fince
the Poor Soul died without a will, and fo (Conlequently) had not taken
care to Redeem his Soul out of Purgatory, by giving the Priefts his Goods,
Mony or Lands, for fo Majjes to that purpole; therefore the Arch-
bilhop (Pioully) took that care upon him; yet he himfelf hapned to dye
' (though not Inteftate, yet) fo fuddenly, i(for two judgments in Par-
/lament againft him, (namely, the aforefaid,) and, prefently after, for
endeavouring to defraud the King of Three-hundred pounds of Money
belonging to one Bonamy, a banilh't Jew, and which he would have been
fingering for himfelf, knowing that the Money lay in the Priory of Brid-
lington within his Jurifdiftion) Broke his heart, his Executors would not.
Or durft not meddle with his Goods,
ilid * Executores enim fuife intr emitter e noluerunt.^ it a quod non proprio fed po-
' tius dlteno fiebant expenfe funerum, (fp in ecclefia fua cum honore fmplici
' repofitus ePf, non entmpanis 'vel obolus pro an'ima ipfius dabatur: unde jujlo
* dei Judicio contigit, ut qui fubditorum bona & maxime ab Inteliatis
* (itiret, fubita quafi morte pr^ventus, nullum vel modicum ex Fejlamento fuo
'propria confecutus ell Emolumentum : That \s(.faiih Henry De Knightod YWs
* Executors would not meddle with the Execution of his Will, lb that
* his Funeral expences were defrayed, out of other Men's, rather than
* his own Eftate; he was buried in his own Church after a very home-
* ly manner ; for not a bit of bread was given to the poor, nor one far-
* thing, to pray for his Soul; by the juft Judgment of Cod upon him,
'that he that didfo thirft after Inteftates Eftates (efpecially) dying in
* his province, being prevented by a fudden death, got none or very
' little benefit by his own laft Will and Teftament.
The lecond Inftance lhall be in Scotland; for King Edward the firft
was King thereof, at leaft, byconqueft, (King Edward the Conquer our of
Scotland) when the Bifhop of Glafgow having a fpight, and a pique againft
a Minifter of his Diocefs, Deprived him of his Living 1 ortiouliy and
Arbitrarily, whereupon King Edward the firft by his Letters to his Lieue-
tenant, or Guardian of Scotland, reftor'd him upon the Petition of John
Comyn, in thcle words.
In Bundel. « Tres honorable prince e noble, e a fon Trefcher fignur lige fire Ed-
peSTfur/ ' ward par la grace Dieu, noble Roy Dengltterre, le ce ou, ft luy pleft^ Johan
lonj. An.24. ^ Comyn Kaunk il fet e poet de Honur e de Reverence Com a Jeon feignur
' lige. Chire fire ft vus pleli, to vus pri efpecialment ke vus deyngnet man-
* der vojlre Lettre au Gardeynde Efcoce pur mettre mefh 'Kobert Mounfy-
citien partur de cejie Lettre en la eglice de graunt Daltcn, de la quele fire R<7-
bert
2-2-^
a I ■■ 'T: 1-—:: . . rn. *. ■—i..' .. —
ISlaked Truth^ The S'ecoud ^Part, / 29
Rokrt Rvesk de Glafcou^ ,&c. 'tis too tedious further to recite.
The laft Inftance is a Record of a Fine let upon the Bifhop of Cork in tiauf. 20. r.
Ireland hx holding Plea (ip the Spiritual Courts) of things belonging
to the King's Crown and Dignity, for which he was amerced 140.1. tuper
to be Levyed upon his Goods and Chattels, in thefe words : mcagitrji e-
* Cum ventrabilis Tater Roberttis Corcigietjfis E^ifcofus nuper , coram vene^
* rabUi patre, S. Tuamenfi Archi-Epifcopo tunc JuJlic. Regis HihernU^ amer-
^ ciatus ejjet ad centum libras pro contemptu, ^ idem Epifcopus Amer c tat us
^ ejje/ pojfmodum coram eodem juflic. ad quadraginta libras, pro eo quod advo-
* cavit Je tenuijfe placita in Curia Chrijlianitatis and Coronam (jr Dignitatem
^ Regis fpesiantia^ &G. "tefie Rege apud iVejlm. primo die Decembris. 20. Ri
«R. E. I.
And 'tis oblervable this great Fine was let by an Arch-Billiop of Tu-
rfw, then the Kings Lord-Chief-Juftice in Ireland.
For indeed (in thofe dayes) The Clergy were the greateft Larvyers and Chrori:
had the greai^eft places ; and yet they would not fuffer any Clergy-Man P- 5^*
to be fubjeft to temporal Magiftrates, by a Canon made, 8. isteph.
in a Synod held at London by Henry Bifhop of mncbtjler, the Pope's Le-
gate.
Tis true King Henry the Second oppofed this Canon,, and Thomas
Becket Arch Bifhop of Canterbury that Rood up for it, and the Conteft
almoft ruined them both. But no King like King Henry the Eighth., and Biki Chroji
Edward the Ftrsl, for keeping the Crown lafe from the ufurpations of p.95-
the Clergy; this latter not fuffering any Prelates to fit in the PaUiament
at, Salisbury, Anno. 1274. and took their great Treafures hoorded up iri
Churches, and Monafteries, and put it in, the Exchequer.
And though ftout King (^Edward the Third) Ifrugled hard, and a long
time tug'd with John Stratford Arch-Bifhop of Canterbury, who threatned
the King, that he would exercife his Ecclefiaftical Authority and proceed
io Excommunication of his Officers, though not of himfelf. Queen, or
Children; yet the great Offices of the Realm were executed by Clergy-Meh
in his Reign ; for at one time when Simon Langham was Arch Bilhop of
Canterbury, he Was alio Lord Chancellor of England; (a Place that Becket
refigned when he was made Arch-Bifhop of Canterbury, denying to be at
the Helm of the Common Wealth, and the Church both at once ;) ml-
Ham Wickham Arch-Deacon of Linclon was Keeper of the Privy Seal s
David wilier Parfbn of Sommerfham, Mafter of the Rolls; Ten Benefc^t
Minijlers Civilians, Mailers of the Chancery; William Mtdfe Dean of
Si Martins Le Grand, chief Chamberlain of the fxchequer. Receiver and
Keeper of the Kings Treafure and Jewels; William Arch-Deacon of
^Northampton, Chancellor of the Exchequer ; William Dighton Prebendary
of St. Martins^ Clark of the Privy Seal; Richard Chefierfield Prebend of
St. Stephen's, Trealurcr of the Kings Houle ; Henry SmatchVavibn ofO/tn-
del. Mailer of the Kings Wardrobe; John Nervnham Y>^xCor\ of Fenny-
Staunton, one of the Chamberlains of the Exchequer; John Rawsby Parlbn
of Harwich, Surveyor and Comptroller of the Kings Works; Thomas
irittingham Parlbn of Asby, Treafurer to the King for the part of GuiT
nefs, and the Marches of Callice-^ John Troys a Priell, Treafurer Ire-
land.
But certainly a Cofpel-Minijler may find work enough, (though he
be a Bifhop or Arch Bifliop) in the Works of his Miniflry; and mojl Ho-
nour; I am not for Alterations and great Changes, yet certainly the
face of our Church of England is not only comely, but beautiful and well guarded
I by
A Vindication of the
by the Statutes of Uniformity, and Confining all PlaCes of Honour and
profit in the Kingdom to the So^'s of the Churchy and to fuch only as
can Conform to Her Liturgy and Adminiftration of the BlelTed Sacra»
ments.
And what rvouU men he at? what wouid they have more ? than a
certain fetled Religion (as in Holland) which (alone) is countenanG*t»
(alone) Entrufl-ed with atfairs of State, Places of Honour or Profit both
at Sea and land ; indeed other Religions or Modes of worfliip, are
rather conniv'd and wink'c at, than ineouraged, both in England an^
Holland.
And will no face of aChurchpleafefome men, but the Bhed-^nd^ Bloa-
/ ty and Sanguinary Carbuncle fiery face of an or
High Comrmfjion, or Low Commiffion Courts, unkown to the Primitiv©
Church and Chriftians, that were content to ferve God. though they
had not power to Damn, and Qram and fam^ Oatbs, CanonS,
Creeds) down Mens Throats in fpite of their Teeth.
But on the other hand, I abhor the novelty, as much as the i?uin, I
forefee, in Men that are Ho given to change and /?eforraation, that nothing
terminates their defigns but total DejlruHion.
They cannot be content to fveef the houfe, but they muft PuS it
down, and how tofet up one (a better) in its room, more ehanh, and
more convenient, they have neither fkill nor will to enquire j like the
late Reformers (in the late times) that puli'd down and pull'd down,
without confidering what next to fet ^/'and ereft, or knowlccfg how to
do it.
And indeed the Extortions in the Spiritual-Courts are imotipdc'
rahle in comparifon of thole amongft the numerous fry of Commori"
Lawyers, Atturneyes, Clarks, Notaryes, Solicitors, Splitters of Cau-
fes, &c.
Whofe numbers are almoft numberlefs, and now they arc born, they
muft be kept; and if one or two Lawyers in a Country be enough to
difquiet the lame, what are all thofe growing and thrcatning fvvarmes,
twenty times'more than in the dayes of Qctn Eliz^abeth, who aftonilh't
and afrighted at the wonderfull growth of the numbers of Lawyers,
Atturneyes, Pettifoggers and Solicitors in her time. Teeming to threa-
ten Tome alteration; (as the Spirit that Conjurers raife, ^ (fome lay,)
will fall upon their Mailers for want of other work and implovment)
was comforted by the Learned Lord Treafurer Burleigh, with this an^
fwer, Madam the more Spanyells (alwayes) the more Game.
And there may be the more Tport for the Lawyers, but Hill the Coufl-
try, the pooj Country-man, the Laborious Country-man (the RafF of
bread,) is there Decayed and Impovcrilh't; through numerous Shoals
of Beef-Eaters and Man-Eaters, which (if they were honeftly put to Sei
and the Plantations) the llurdy young fellows would do good work,
and live with lefs care, left Ihifts, more honellly, nay, more profitably
alfo both for themfelves, and their country.
And therefore, though I have told you that the Spiritual-Courts are
naught, Hark naught; yet where lhall we mend our market f
For I am certain that the Fees of Lawyers, and the pretty devices (to
fill up Atturnyes Bills) (indefpight of 5. Jacob.) To notably of late found
out and enhanc*t. That a man might have tryed two caufes twenty years
ago as cheap as he can try one now, ^
Some Men never know when they have enough; ten flilllings or
twenty (at molt) ule to be the Highelt Fee for the bell scfjeant that
came
w
Naked Tnithy The Second fart.
S't.
^me to theS^,* now, every Petty CoaAeM Ioo?t's kfquint aad'tyiei
ic in difd^m^ if you proffer him Stiver and not Guimes - Tw6,' Thf6e^
Four; nay, Ten or Twenty Giiini^, fome of them think M tW 'iht-
fk. - - • / ;
And if you do not fatisfy thefe Breaih-SeUers, (and 'tis almoft ini^offiblc
to fatisfy them) they may.perhaps leave You, and your Gaufc, iheLnheh *
or find out fome Qfdrks or ^iditty, cie 'Lxw~Trkk^- %6 unravel all you
have done S And then fet you to begin again, and xt it again; more Gkinies
again.
And therefore, Men that try, will certainly findj {^perhaps too Ute^ that
Seldom comes a Better.
All violent Changes diftemper a State, which Cafarh Murderers found
CO their Coft, repenting they did not rather submit to the Ttme, and
endure his Ufurpation, (the Ruin of the braveft Common-Wealth, that
ever was in the Worlds rather than by fuch Violence, to give the better
Colour to therPretences of his Succefibrs, who wanted c^r's Incomparable
Clemency, and Magnanimity.
Tie Conclude with the Story of Pacuvins CaUvintts, a Man of Great
Authority in CapHa^ (the Second City of Italy) who by a wik h4d fhut
up, and fecur'd the Senate, and Chief Magiftrates of that Famous City,
in the QttildrHaU there; boing Men Bad enough in all Confcknce; and the
Common Cty againft them for their Enormities was not Louder, nor
more Univerfal, than in England of late Years, againft the Rump ,or Commi'the
of Safety.
But PacuviM (having made them thus faft) call'd the People into the
or Market-place, to hear their Good Pleafore, and what Sen-
tcnce or Punilhment they would doom them unto: with one Mouth the
People, Nemine Contradicente^ Condemn'd them to Death and Torture,
and to be drawn out by Lot, one by one to Execution; but not one to
Suffer, 'till another was chojkn by the Pfcoplb to fupply his Place; (for
they knew, they could not fubfift without Juftice, and conlequently Ju-
Ifices and Governours.)
f/f/, That One (on whom the Lot hapned to fall) was called outJby
FacuvinSi and Sentenc't to be cut off, as a Pernicious and Rotten Mem-
ber: But faith Pacuvius, M^ke Choice of another better Qualifyed to
fupply hU Place. ■ \ f'
This unexpcfted Speech bred ^Dijrabled Siknci^ and Nlultitudfc
'were put to a Grievous Plunge ; one thought upon One Friend:'^ and ano-
ther, of Another \ every one as his Interejl^ Relation, Fricndfhip, or
■Acquaintance moft perfwiaded ; at. Icn^h, one' ^ the Boldeft iof the
Raoble vcntur'd to Name One, Fittefl: (in KS Opinion) Sue-
ceed. . ' ( .
And no fboner was he Nominated, but the Multitude (who had
other DeftgnSf for Other Friends of TAeir Orvh-^ or- fbmfe juft Caufe'of rii-
guU againft Him that was propos'd,) by a general Confent of Voy-
ces, Old Condemn this New-MagiJtrhe with a- more Loud, and Univer-
ial Out-Cry, than the , former pld ^e^^^or, who was bad enough, but not
Guilty of fo many Hundred Imperfeflions and Faults, as was Objefted
againft this New-Upfart.
So that thefe Contracting Humours growing,more Violent andHot,
every one fpllowing his private Affeftion or Mtrce, a far greater Co;?-
ftifm and HurlyBurly-tn^mA upon the Nomination pf ,a Second m^'third-
for in Chufing fit Succeffors, the M-tilritdde could never agrep. , •
At laft, ireary of thia^T'umultuqks'^fbyle, One, fheak't Home one
way; Another^ another Way; Scatte^i^ng and •Scaling away from this
Rabble^
■ — ■' I a ■ ■ ■ ■ ■■ ■' . ,T ■■ I. ■ «- ■ '•
^ Vmdictttion of the
Rabble-Rout, every one with this Refolution, That, fiffce sU Mtn are fraih.
Mortals not Angels, ef Tm Evils, heft to chufe the Leafi; that Ibnie
0ij[eaies are lafer to be Enduf Ay th^n Cur''A; and better an OlA Evil^
(of which we know the jvorflf and have haA Experience^ than a Nettr-
Evili that we know not whither it will tenA, or where it will EnA; and
Finally, That SelAom comes a Better.
Let thefe Elegant Frew^Verles finifh the Difcourfc, fmade by Pihraekf
the Treneh-?o&t; but more Honcftly, than Elegantly.)
\Aymt t eftat tel qtte tu le ^ois efire
S' il efi ^yall, ayme U ^ycmte,
iS' il ejl de peu^ on bien Communante^
Ayme I* nufjiy car T>ieu t'y a fai^ naijirel
Love thou thy Country's State, whether it be
A Common-Wealth, Senate, or Monarchy:
All change is fatal, count then that the belt,
In which thy Country finds moft Peace, moil: Refij
ABSTRACT;
4 OF THE
P REMISES,
IN A SHORT
CONCLUSION.
t. "T^'Is evident (then) by his own Shewing^ That there was noEccIeli-
§ aftical Courts AiftinSi from the Hundred-Courts, and Lay-Courts,
till the Popeh champion brought over that New French and Ita-
lian Mode, with a long Sword into En^lanA; and OAo Bifhop of Bayeuxy
(Brother to the Conqueror) aflifting to let up the Pope's Ufurpations in spi-
ritual CourtSy or spiritual Tyrannyy forbid by ChriH, and his Holy Apoftles;
who pretended not to this Hierarchy or Prelacy^ Names as Unknown, as
Arch-Bijhops or Arch-Deaconsy (ChanceUorSy Officials, Surrogates, AAvocates,
JProHors, Sumners, and the reft of that kind) to Primitive^
Church.
SeconAly, That it is great JmpuAence for the; Clergy, much more for the
Prelacy, to call themfelves the Church; as if the Lay-People were not as
much Members of Chrift; nay, as Learned, Prudent, Modeft, and Ho-
neft, as the heft of them, I will not except the Pope himlelf: And that
to Style the Clergy alone the Church or Holy Church, is c ntrary to the
conftant Style, and Dialed of Holy-Writ ; appears by Mat. 16. 18.
Naked Truth y The Second ^art.
—5. II.—-8. I 16. — 15.25—r-14. 27,— 14. 25.
-—15.3,22,41. — 16.5. — 20.17,28. i5.1,4, 5, i5»,2 3. \Qor.
4- '?•—10.32.— 1^.4,5,23,33,34. I Or. 16. I,' 9. 2CV. I. I.—
8.1.18,19.23,24.—-11. 8,28. —12.13. zciAmallother(^vvhich,
are numerous) throughout the Holy Scripture.
Thirdly, That by the Oath given alwayes to Excommunicate perlbns
before they be Ahfolv d (namely, Stxre & parere mandatis Ecckfn, to
ftand to, and obey the Commands of the Church) by Churchy they al-
wayes mean themfelves^ the Prelacy, or Governing Men of the Church:
And by Holy-Church being free (in Magna Charta) was, and muli
be meant the (Zlergy^ and the Pope their Head; but horv Holy they were
in thole Times, what Symomjls^ and (conlequently) Perjt'yd Perjons, ap-
pears fully in the Premiles. By the Angel of the Church of Ephefas
(^Rev. 2. 1,8. the Prelates fay by Angel (there) is meant the Bijfjop or
Treshyterby the Church (//'ere//;e«) mull be meant, the Chriftian Peo-
pie of Ephefks', and if thefe Clergy, in Edw. i. (fuch as Old Nich. Pap.
and Arch-Bilhop Peckham, &'c.) vrere Angels, they were black ones
fiircly.
Fourthly, That from the Reign of William the Cortquerour, to Hen. 8.
The Clergy, orEcclefiafticalMen/Wo^e/fe^^, namely, aForreign Head,
the Popd; and the Laiety another Head, the King.
Fifthly, Thele Two Heads (namely) The Pope the Head of the Church,
and the King the Head of the State, were (ever and anon') knocking
one agdinjl the other, and the Engliih-Clergy alwayes fided with their Head,
the Pope, to make the other Temporal Head boyv down, and fubmit to
thii Spiritual Head.
Sixthly, That when this Spiritual Head would not fuhmit to the Tern-
poral Head, and Gratify the Kings will (in the defired Divorce betwixt
King H. 8. and His Q^een) (who had been Twenty Years his Wife>) He
caus'd this Pope, his Spiritual Head and For reign-Power to be Beheaded,'
and cut off; till it was relfor'd, and patch't on arain, by i. Phil, and
Mar. 8. And indeed what ever that relblute King Henry did will, that
will loon became a Law: if the King would have Queen Katherine Di-
vorc't, and her Daughter Mary declared Illegitimate, Tea, quoth the Sta-
tute 25.//. 8. 22. when His Will was to have the Princels ^izabeth Legiti-
mate, and inheritable of the Imperia. Crown of this Realm, Tea, quoth
the Statute 25. H.%. 22. Again when he was minded to make)ier //«-
capable of the Crown, Tea, quoth the Statute, 28. H. 8. 7. ^
And Laftly, when his Will and His Mind was changed, and that both
the PrincelTes Maty and 'Elizabeth (though it was ImpoIIible but* one of
them was Illegitimate, and both of them fo declared Illegitimate in the
laid Statutes) fhould be capable to Inherit (as they both did) the Impe-
rial Crown of this Realm; Tea, quoth the Parliament, 35,^^.8.1. when
the Bijhops grumbled that they had not their old Procurations out of the
Dijjolved Monafleries, and Conlequently, could not pay him their Firft-
Fruits and Tenth^s (though the King knew it was againft their own Laws
, and Qanons to have any) yet the King (willing to Rop their Mouths)
and knowing that to take fome Men by the Pocket, is as bad as to take
them by the Throat, rather than he would dilbblige them i,he being al-
ib at variance with the Pope) he allows them thele- little piips, out of
his large New-Conquefts and Acquefts, by the Statute 34. and 3 5. H.
8.19. But made them 0;?^ recoverable in Ecclefiaftical-Courts, 2in6. .only
fttch 2iS were paid Ten Tears before the DilTolution of Monafteries, which
now is a thing Impojjible to prove.-^ their own Regifters being no com-
petent Wttneffes, being Parties, and their Regifter-Books no Records.
K ' 7. That
A Vindication of the
7. That all the refnaining Years of the Reign of ffe/i. 8. (after the
Ecclefiaftical JurifdiOiion here in England had no dependahce of the
Tof€) they had no Laws, no knotvn Canons, nor Rule to Proceed upon,
and if they kept Courts, thele Ecclefiaftical Courts could take no Cog-
nizance but Three orthings, namely, Qdufts TeHamentary^ Ma-
trimonid Tyes, and Obventions, and (fuch perhaps they have cogni-
zance of at this Day) if they have Authority for keeping Courts, and
have any Laws or Canons (other than Ads of Parliament todiredthem)
which (I think) they have not.
8. That when the Ecclefiaftical Courts, and JurilHidion had got
VrotefiAnt-heit alfb had a Froteliant-fAce^ by i. Edw. 6. 2. and 'tis
fenceleji to Imagine, that that StAtute was not conJlAntly put in Execution,
and all Proceffes in the Name and Style of the King.
9. This Protejlant-face of Ecclefiaftical Authority was BUJled by i. Mar.
and in its Room was again fet up the Pope's head, and the Popifh-Church,
by I. Phil, and Mar, 8. and Forreign Powersy and Jurifdidion Ecclelia-
ftical after the Old Italian or Romtfh Mode.
I o. This Popifh Ecclefiaftical Jurifdidion and Foreign Powers wtrt Defea-
ted (in i. Eliz. i.) by repealing i Mar. and i Phil. Mar. 8. that had
repealed i Edw. 6. z. which had been under reftraint and made of no
Force by the Repeal aforelaid, and thence reftim d its former Vigour and
Vertue, but of that Quere: All the Reafon in the World for it, as Mr.
//". Cary learnedly infifts.
II. When I. Eliz. i. had cancel'd all the Popifla Ecclefiaftical Ju-
rifdiftion and Spiritual-Courts, there was none, till the fame Statute
gave the Queen and Her Heirs and Succeflbrs Power^ by Commiflion to
fettle a new Form and Face of Government Ecclefiaflieal.
iz. That Branch of i EJiz^. i. that gave the Queen and Her Heirs
this Power and Authority ( being repealed by 13. Car. z. 12.) For my
Part (\ muft fay) It is beyond my Apprehenfion to find out where the
Authority of Ecclefiaftical-Courts can or does confift, or fubfift; or who
gave them the Authority they pretend to; not the Pope, (as of Old,)
not the Common-Law, CI am fure) nor can poflibly the Canon - Law,
or Statute-Law.
15. Grant they have Authority, It is but in Three of Four particu-
lars, Caujes Testamentary^ Matrimonial^ lythes.^ and for neglefting to
come to Divine-Servicef by I Eliz. z. or (at moft) but thofe Ten
Things in 5. £//x. 2^. de excommunicato capiendo, enumerated; what's this
to juftify their extortionJ in Probates of wills, and Adminiftrations,
and their illegal Proving the fame, and keeping Men's wills contrary to
that Statute? What's this to Juftify the Force of any Canons 2X this Day?
Or who made them Laws of England without a Parliament ? What's
this to Juftify the Pilling and pAing the Church-wardensand the infc-
rior Clergy by Procurations, Articles of Vifitation, Oaths Arbitrarily
impofed upon them both for Canonical Obedience? What's all this to
their great Bufmefs (in Vifitations, and Court-keeping) namely, The Mo-
ney-Bufnefs ?
And laftly, what a fhamefiill thing it is to Impofe upon the confer-
ences of the Clergy an &.c-Oath of canonical obedience condemn'd by
Ad: of Parliament, in condemning the canons of 1640, in 13 car. 2.
12.
What infolence, for a Bijhop to commend the obfervation of thofe Ca-
nons, which the King and Parliament have condemn'd by Statute?
Quer. What funifhment do fuch Incurr? and for Impofing Oaths upon
Church-wardens to enquire into the breach of fuch late Canon's ? which
cannot
iSlakcd Truth J The Second Tart.
cannot be pofribly% the Laws of Etje^LwA, if made ji^ce the dayes of Khg.
HenYy the ^th. Their fliameFul! and illegdextortions ared Tliouiand times
more fujferAhle and pardonable than thefe Arhttrary Jmpofittons of Oaths,
to torture and rack rneja s confcienees., if not to precipitate them into
/V/; nay, (except God be more m.ercifull than they) eternal damnation,
making men fwear Stare mandatis Ecclefu., to obey the commands of the
Church, and to obey his Mafflies Laws Eccltfiajlical, when it is not de-
fined what or where thelb Ecclefiahical Laws are; the vvifeff of them all
■trill not, cannot, d.are not tell, nor determine. Lie bid this Arch-Deacon
farewell with the fame complement he paflesupon Mr. Hickeringirm\\\%
lafl words, bidding kim not be wijer than the Law.
If this D, D. had not been wifer than the Law, he had not vC^rit fuch
a thin difcourfej and yet face it with a Bulky and Imboft-Title, fliling
it Leges Anglhz. If the Spiritual Court keepers were not wijer than the
Law, they would firft prove their Courts Legal, their Canons Legal,
their Fees Legal, their Hyitorixons Impofitions of Oaths (upon the con-
fciences of the King's Subjc£ls) Legal.
Nor write I this to weaken their Authority, but that it may, (if it
feem good to the King and Parliament) prove Inftrumental to give them
a jiiji Authority, and a true face of Power, and alio limit their Exorbitan-
ces: There's no wife man nor good man that favours Anarchy. The
Kings Throne (which God long prcfervc) is eftabliHi't by Juftice and
Lawj and 'tis the Peoples Happinefs to be governed and giiided by honeli
Laws, not Arbitrary Canons, Impofitions and Methods, but fuch as are of
the right Engliflo Make and Temper, enaSfed by King and Parliament.
And I dare juftify, That there is nothing in the Naked-Truth, but
what is good for the Clergy, (as well as the Laity,) if they will lay a-
fide Prejudice and Pertinacy ; Pride and Ccvetoulhefs.
Finally, for I am heartily weary of the Compam of this fame Totnes-
Arch-Deacon, and with cunverfing thus long with fuch an impertinent D,
Z>. that has not his fellow among therri all for Infblence and Impudence,'
in defaming and belying a Gentleman he never faw, nor knows any harm
by, except perhaps from malice, that never fpeaks well and fcldom fpeaks
true ; or from fame, which was 'a lyar of old ; and long before ever
there was an Arch-Deacon heard of in Chriftendom.
And now at length to make Mr. Hickeringil the Common odium, nothing
will ferve but to make him a Papifl, a Hobbif, drc. when all his Enemies
that know him, have not effrontery to deny, but that he has more
Loyalty than to be a Papifl, ihorc Confcience than to be a Simonif, (thorgh
an Arch-Deaconry of Totnes might be put into the bargain and Seal,)
more Honour and Ingenuity than to be a Varafite, more Reafon than. to
be an Atheifl, more Religion than to be an Hobbifl, and more Honejly and
Plain-dealing than to be Well-Belovedin a Diffembling Age of%C0phantry.
But after all this befpattering Language, howit is in an Arch-
Jbeacon, and a D. t). fb unmercifully to attacque Mr. Hickerihgill with
Pun and quibble, a perfecution beyond the plague of Barbers, in an Itchy
endeavour to be witty rforfboth) in defpite of Nature: and hisStars, who
have all entred fuflicient Caveats againff it ? _ ^ _
Then for the Serious part (if there be fuch a part) in his Idle Pam-
phlet; Is it not Quixohfme, beyond the relief of Hellebore, ftHc his'
Tnfignificant babling — Lt\es AnglUt
Make Bonefires of your Cook, your Littleton, your Crook, Dyer, statute-
Books and Common Law-Books ; for behold (here) in thrifty Querpo, Leges
Anglix, the Laws of England, price 8 d. _ » ■
Nor lefs madnefi is it, in hinr, or more Idle vapour, than" to"a'piDeat
th^s''
>
A Vindication of the
thus publiquely upon the Stage as the chavalkr, or champion of Mother-
Church, in toMv. Hickeringil^s Naked-Truth^ when he only tickles
over the Skirts of the bufinefs, and fayes not one word in , anfwer
to the main drift and defign of the Naked-Truth-^ namely, in anfweror
vindication of the Canons Authority to keep Eclefiaftical Courts or
to impofe Oaths of Canonical Obedience upon the Clergy, or to impole
Oaths upon the Church-Wardens; nor one word does he lay to vin-
dicate their unjuft and unconicionable Impofitions and Extortions upon
the Clergy, in l^rocurations, Inftitutions, Licenfes to Preach, Ordinations,
Inductions, Sinodals, Vifitations, &c. and yet (molt Impudently) ftiles
his Book, an Miuet to pcketingill, &c.
Nor does that Statute 25. Hen. 8. give any Authority to Arch-
Bifliops, or Bilhops to keep Ecclefiafticai courts or jurifdiCtion, except
fiich as was then praCtis'd when the Statute was made, namely, Popilh
Courts, Popifli Articles of Vilitation, Popilh Habits, and Palls, and to be
worn by Popilh Arch-Billiops, and Bilhops; But we have none now:
You know Hep. 8. (that made that ftatute) liv'd and dy'd a papift, as
aforelaid. But what is that Statute however tb juftify your Arch-Dea-
con's Churts? that Spritual creature is not Nam'd in zy. Hen. S.
Well, come Mr. Arch-Deacon^ Friends muft part; Tie (even) hid ycu far-
rvtll^ and lhake hands with you, in hopes never to meet with you
again ; but becaufe I am in your debt for that witlels Quible,
; Fie pay you Quid Pro Qjw^ in the lame coyne; name*
ly, an Anagram for your Pun and Quibble; nay, an Anagram^ as Siily
(jf pofftble') as your Quible^ —ifta=JfUltD0Oll, (^Anagram)
eicirtiuhiFooh
THus has it coft me Ibme pains (the Labour of six dayes, not Se-
ven dayes., I proteft) to anfwer the Six Months Abortive Throwes
of a fibling, quibbling, fribling, fumbling Arch-Deacon.
And "'tis enough, (at leaft) as much as is needful, and more than I could
well afford upon lb delpicable an Opponent ; befides a fubtle Anagram,
franckly vouchfaPt to him, and ex abundanti, liberally thrown (and
given him; into the bargain.
To teach his coftive-rvit more Sobriety, than to attacque the Naked-
Truth, (only with Impertinencies; and Pun and Quibble) In his next at-
tempt, when peradventure he makes a fecond adventure.
Which, not I (lb much as the the Bookfellers) greedily cxpeCt from
him, or rather fome more m.odefl:, more folid, and better accounti^d
champion of the Kirk'^s.
But enough (I lay) at prefent, not only becaule I am in hafle, and have
other more Important affairs in hand, than tofpend much time withluch
a Scribling D. D. ) but chiefly becaule the Naked-Truth is Lufdous,
too much at a time is apt to Glut and Naujeate; to eat much Honey is not
good^
t» drrk aha 7» quartxof.
The Husband-Man, with wary Hand
(_Not with whole Sack-fulls) Soxves the Land;
Put Thriftily contrives his Gain,
By Handfuls Husbanding the Grain.
FINIS.
tondcfi, Printed for R^Janeway, in Qjueens-Head Alley in Fater-Ncfler-Rory,
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"1
Stafford's Mernoires:
O R
• y ■» . 1
^ ant) impartial Sttount
OF THE
BIRTH and QUALITY,
Imprisonment, Tryal, Principles,
D eclaration, comportment,
Devotion, Lafl: Speech, and Final End,
WILLIAM,
late Lord Vifcount STAFFORD,
Beheaded upon Tower-hill on Wednefday the i p. of December 16 81 i
^ublijhed for ^Bifying all Mtjiakes upon this SuhjeB.
Wifd. 4.
Vitam illorum eftimabamus infaniara, & Finerff illorum fine Honore, &c.
IK
Uereu-^ifr is alfo annexed a Jhort Appendix concerning fome TaJJages
m Stephen Colledges T%1AL.
'Printed in the Tear, Mdclxxxi.
[']
The INTRODUCTION.
>
' 7
T is a wonder to jee how Pafliion and Ince-
reft predominate oyer Reafon in Mankind;
JSLothing is dorie, nothing J aid, without fome
tin^ure of either, or both. B-yen common
Occurences are ufually related as Men would
have them to he , rather then as they are.
Plain-dealing is almoft fled: And all things
jioTV a days , yphethct ^riyate or Tuhlick ,
Sacred or ^rophane, are according to different Inclinations, without
regard to Truth, promifcuoufly made the Sub jell of a Satyr or Pa-
negirick.
An obyious example of this we haye in the feyeral accounts giyen of
theTryal, Declaration, Demeanor, and Death of the late Lord Staf-
ford J concerning fvhofe Tragedy, though aBed for the mofl part in
the face of the whole "Kation, yet there haye flo'tvn about in a tnanner
04 many, and thofe contradiBory Stories, as there are Relaters j and
fuch as kwoM>leaft, commonly u/kmoft, tocompleat the Error.
It is true, the Printed Tryal fet forth by Authority is no wife liable •
to thefe grofs miflakes; Dut it hath fy^elled in the Trefs, by
forms, See. To fo yafl a (volume, that few can flare either money
to buy it, or time to read it. Defldes, it is in a manner filent of matters
chiefly deftgned for the SubjeB of this Treatife (viz,) 2^ Lords Coma
portment. Declaration, Deyotion, Lafl Speech^ and other Occurren-
ces, which happened inclufiyely from the time of his Tryal, to his final
end.
Haying therefore attained to a mofl exaB and certain knoivledge
of thefe particulars, Iflsallfor the JatisfaBion of the curious, and mani-
feflation of Truth, give {together ivith an abflraB of the trhole Tryal,
and fome occurrences concerning it) a plain and fincere relation of
Tvhat I kmla, and can by unqueflionable EVidence jufltfy to be true.
And herein I Jhall alfo totally abflain from any the lejs moralt;^ing upon
tranfaBions, whereby to foreftal the <B^aders Judgment. Dut con-
tenting my felftvith aplain and'candid Relation off things, as I find
them, leaye eyery one to the freedom of his oTvn centre and <vtrdiB
upon themi
B MY
SECT. 1.
My Lords ^Birth, Education^ Quality, <src.
illiam Uoward, Vifcount Stafford^ was (econd Son to
Thomas Earl of Arundel, and Uncle to the now Duke
of Norfoll^. In his youth he was educated with all care
and induftry imaginable to improve in him the endow-
meats of Nature and Grace. And to (peak truth, he
was ever held to be of a generous Dilpofition, very
Charitable, Devout, addifted to Sobriety, inoffen-
five in his words, and a lover of Juftice.
When he arrived to years of maturity, he married Marj, defcendcd
from the ancient Dukes of Buckingham, Grandchild to J^rvard, and
Sifter, ar\d ColeMeireCs to Henrjihord Stafbrd-. To whofe Title he fuc-
ceeded ( being created by the late Riiig of Glorious memory^)
Baron. Anno 1640. And (bon alter Vifiount Stafbrd.
During the time of the laft bloody Rebellion, he (iiffer'd much for
his Loyalty to the King-, Always behaving him(elf with that courage
and conftancy, as became a Nobleman, a good Chriftian, and a faithful
Subjed. After his prcfent Majefties joyful reftauration, he lived in Peace,
Plenty, and Happincls, Being blelTed with a moft Virtuous Lady to his
Wife, And many pious and dutiful Children. In which ftate he remained
till the 66. year of his age, when happened this Revolution of his fortune,
as followeth.
SECT. II.
My Lords Imprifonment, Charge and Arraignment, See,
A^o\xt Michaelmas Anno 1678. Mr. ( formerly a Mini-
fter of the Church of England') acculed upon Oath, I^fore the
King and Council, and not long after al(b before the two Eloufes oiTar-
liament, (everal Roman CathoUcksj fome Perfbns of Quality 5 (and a-
mongft the reft, the Lord Vifcount Stafford,) of High Trealbn, for in-
tending and defigning the Death of the King, the introducing of Toft-
ry, and fubverfion of the Government.
My Lord, though he immediately heard of this Impeachment, yet re-
lying (as he laid) on his own Innocence, never lefthis Family, nor
withdrew himfelffrom his ordinary known Acquaintance and Affairs
till the 25/A. of OUoher, ( 78. ) when by Virtue of a Warrant from the
Lord Chief JuJlice, he was (ent Prifoner to the Kings Bench, and from
thence, (bon after to the Tower, where he remained above two years
before he could be admitted to Tryal.
During this interval, the whole Nation was (urprized and allarm'd
with the noife pf an horrid Tlot, contriv'd by the Triefis, and
Jefufts, wherein, the King was to be murthered. Armies railed, Protc-
iftants Mafiacred, and the three" Kingdoms deftroycd, by Fire and
Sword, the People were affrighted, (earches made. Guards doubled, and
all in an uproar. The King hereupon confiiUed the Parliament, and
both Hou(es declared it a Plot, Yet to ftrengthen the Evidence (as yet,
but weak) and make farther dilcoveries5 Indempnities are prorai(ed.
Rewards propoled, and encouragements, given by Proclamation to any
who would make out uponOath the particulars of what in (iibftance was
), " already
252
(?)
already declarU By this, and the like (edulity dt the King, and three
fucceeding Parliaments, feveral new Witneffes came in; Fitft, Captain
BeMow. NextDHgdalCi Trance^ and two others Bolron, and Mowbraj^
out of the North 3 Then Mr. Jennifan^ Smithy Seignettr Francifco Dan-
gerfieldt Zeile^ Lewis, &C. Laftly one Mr, Tttrkrvik,V)h.o^ together with
Oates and Dugdale, gave Evidence againA this Lord Stafford, of
whom we now treat.
■ After two years Iraprifbnment, when many Roman Catholicks, both
Prieffs and others, had been Execnted^ and moft of the reft Jmprijbned
or fled 5 At length my Lord was brought to his Tryal, on the 30''' day
of Novem. 1680. at the Eeers Bar in W^minJier-Hahj the Honje of Com-
Tnms being prefent, and the Lord Chancellor Jfigh-Steward of England.
The Impeachment was drawn in the name of the Commons of England p. 4.
wherein my Lord was charged, together with other Papifts, for having
imagind and contrivd to murder the King, to introduce Fopery, and fub-
vert the good Government of Church and State ejiabliJJjed by Law.
To this Impeachment my Lord, being thereupcm arraigned, pleaded
Not Guilty. /
Allegations in proof of the ^\ot in general. C !•
THen the Caule was opened, and the Commons Learned Cpunfel, pag 7
who were appointed of theTryal, fer forth the Charge '
in moft Copious and Eloquent Language 5 And beginning firft with the
*Plot in general, they Ihew'd to the life the Wickednefs, the Malice, the
Horror of fb Dreadful, Bloudy and Hellifti a Defign. They ftrongly infi-
jfted on the exprefs pojttive Oaths of the WitnefTes, upon whofe Tefti-
mony the credit of this Plot chiefly depended. They amply dilated up-
on the Letters oiColeman, and others, clearly demonftrating the bufie
Defigns and Aftivity of the Writers. They prefted home the execrable
Murder of Sir Edmundbury Godfrey, charged upon the Papifts, as well by
the Oaths of Captain Bedlow and Mr. Trance, felf-acknowledged
Partners in the Affafination, as alfo by a certain Letter lent from London
loTixall, intimating the Murder ofajuftice of Peace, andcommunica-
ted by Dugdale to divers Gentlemen in Staffordjhire, the third day
after the Murder was committed. They difplayed to the full view the
Sham-Tlots and Counter-Contrivances, whereby ('tis faid) the Tapif^s
would have fuborned the Kings Evidence, and tiirn'd all their Guilt
upon His Majefty's known and tOell-experienced Loyal TroteSfant Sub-
je&s. They urg'd the firing the City, the burning the Navy, the calling in
French- Armies, ffild-lrijh, Spanijh-Tilgrims, &c. afferted in the feveral
Depojitions and Narratives of Dr. Oats, Captain Bedlow, Mr. Danger-
/e/d, &c. They recapitulated the feveral Tryals of Ireland, Whitebread,
Langhorn,^c. And all edged the Votes of both Houfes ofTarliament de-
daring ita Tlot. To ftrengthen all this, they riptup the Cruelties of
Queen Mary, the French and Jrijb Majfacres, the Towder-Tlot, d^c.
They anatomiz'd the wicked Trinciples from whence fpring evil Pra-
dices^ of Murdering, Lying, Swearing, Faith-breaking, Equivocating, &c.
imputed to the Tapifls,zs held by them lawful, and matters of Faith. In
fhort, nothing was omitted, nothing negleifted throughout the whole
Procefs 5 But every theleaftCircumftance enforced and advanced to its
full proportion, with fuch vigour of Wit and Induftry as fitly correfpon-
ded to fb great a Caufe, profecutcd by fo high an Authority, before fb
Illuftrious Judges^ and Auguft an A/fembly. When
(4)
When the Managers themfelves had made thefe efforts to (hew the
Vniverftl Conf^iracy^ (as they term'dit) they produc'd fix WitnefTes to
the fame efFe(^, whereby to fecond and confirm what they had thus in
general afferted.
Mr, Smith'5 De^fit'wn.
' I *He firft was who depofed. That going into France^ he
g became acquainted with Abbot Mentague and one Father Bennet 3
THefe perfbns, to induce him to be a Catholie^^ told him he fhouid have
an Imployment amongft them 5 and that in a few years they would
bring in their Religion into Englandy right or wrong But this was not
fufficiently prevalent with him to turn Papift 5 yet he lived with them
The motives of feveral years. That at lafl: he went into Italy^ where the Jefuits perfwt-
his Petverfion. jq difcourle With Cardinal Grimaldi^ the which he did , That
the Cardinal made much of him 5 and he it was perverted him to the
Romijh Religion-^ That, upon oecafion of (hewing him a pair of Hang-
ings, this Cardinal told him, He had great afTurances the Topijb Religion
would prevail in England j That there was but one in the way 5 And
that, to accomplifh their Defigns, they rauft take him out of the way. That
the Jefuits there alfo publickly preached, and privately taught, That the
King of England being an Heretick, whoever took^ him out of the veay^
would do a meritorious a^. That after this, he ftudied feveral years at
Rome 3 And that, whflft he was in the Colledge, he faw feveral of Cole-
Letters. That, being made a Prieft, he was fent into England with
inftruSions to inform the Papifts, They were net obliged to obey the King^
Hisimpioy- but that they fhouid endeavour to promote the Popifh Religion. That
arrival in England^ he was placed with one Mr. Jenifon in the
' Bilhoprick of Durham^ where his main Imployment was to root out the
JeJuits, (as men ill-principled ) and to difTwade the Papifts from fending
Moneys to Colledges beyond-fcas. That one Thomas Smith told him he
received a Letter from the Lord Stafford, wherein my Lord faid. He ex-
fudden Change.
Dugdalc'i Depojttwn.
NExt to Mr. Smith was Stephen Dugdale, who depofed, That for
about J 5 or 16 years together, he had been acquainted, by feve-
ral Letters, and other means, there was a Dcfign carrying on for the
bringing in of the Romijh Religion. That the Papifts were to have Money
and Arms ready againft the Ring's Death, ( for he (aid he heard nothing
of killing the King till the year 78. ^ That in OBeber ( 78.) my Lord
Afion2Xid others (houldgo todi(i)ofe of certain Arras they received^ to
the value of 30000/. That the King of was acquainted with all
thefe Tjeftgns 5 and that he would furnifti the Papifts with Men, and
afford them other Aid and Afliftance, if the King Jhonld die, or he taken
away. That he faw a Letter writ to Mr. Evers, ( for all the Jefuits Lfft-
lers were returned to him) wherein were thefe words, This night Sir Ed-
muodbury Godfrey is difpatcFd. Thar he himfelf had contributed
His Centribu- $001, for AvmSy&c. to Carry on the Tlefign. That about the year 78.
tioafor Arms, there was an Indulgence publiQied at all private Chappels, wherein who-
fbever was adtivefor killing the King, fhouid have ^free Tar don of all
their Sins, That he was told at Meetings, That thp King being an He-
retick^.
( 5 )
; retick^^ h was lawful to kjil him 5 And that it was no more then to kill a
TJog i That he had heaa d, That about the time the King fhould be kil-
led, (cveral Parties Hiouid be provided with Arms, andrifeallon a fud-
den at an hours warnings and lb come in upon the Proteftants, and cut an hours \w-
their Throats 5 And if any did efcape, there (hould be an Army to cut them "' 'S-
ofin their Flighty That he heard the Pope's daily In come was 24000 /.
a day. And that the fame Pope (as he thought) had proraifed to con- The Popes con-
tribute in the whole 1000/. tor the railing of' Armies^ and carrying on tribution
the above mentioned Defign.
ft
Mr. Prance Tiepojit'ton
THen Mr. Trance was produced, whodepofed, That one Mr. pag. 25-.
Srngletonz Prieft told him . lie would make no more to fab for~ &'C
ty r arliament Men. then to eat his dinner, which he was then at.
Dr. Oates hii Depojltion.
NExt DoUor Oates gave Evidence, That in the year (76) he be- Pag.2f."'
■ ing then a Protefiant, and Chaplain in the Duke of Norfolk's
Family, One Mr. Kemifle and one Mr, Singleton Priefts, adviled
hitii to halten betimes to the Church otfor that theProteftant
Religion was now upon its lafileggs. That hereupon C having had be-
fore fome fufpieion of the defigns of the Papifts, and growth of Po-
peryj to fatisfie his r^uiolity, he feigned himfclf a (Jpnvert: was ^isfeigned
leemingly reconciled , prelently admitted by the Jefuits to do their Converfion.
bulinels, entrufted in their lecrets, and lent by them in April (jj)
with Treafinable Letters into Spain. That e re he arrived at Validolid,
there were Letters got befdfe him from wherein was expreffed 5
That the King was dijpatched, which was a caule of great joy to the Fa-
thers there f, But that this proved a miftake. That during his abode in
Spain, he found the Miniliers of that Court were very ready to advance
Money, which Money was returned into England , And that the Pro-
vincial of the Jefuits of Cajiile had alio advanced 10000/. That loon
after this, he was prelent at a Sermon Preached to fome Students, a-
* ^ X I ym mm , I —y « , , Or Is COR""
gainlt the Oaths of Allegiance and Supremacy, wherein like wife the Kings tribution
Legitimacy was viUified and abufed and it was declared, that his
ligion entitled him to nothing but Sudden death znd Deftruftion. That
xeimnrngmtoEngland in following and bringing Letters for
Mr. Strange, he heard Mr. Keines in Mr. Strange'^ Chamber, he
was mighty for honeft Will ("meaning the Ruffian that was to kill
the King J thit he had mifed in his enterprife. THere Mr. thought
jgood to tell their Lordfhips. That the Papiffs were not fo Zealous for
'"the defl:ru6tion of the King, till the King, had xt^n^hd Coleman theDif^
folving of the long Parliament: Then he went onto acquaint them,3
That in December ht departed from London to St. Omers, loaded with
Letters from Strange and others, importing the hope they had the next
year to effefi: their 2)^7?^That being at St. he faw Letters out
Ireland, whereby he found that there, the and other perfons
were very zealous in railing of Forces, and refolved to let in the French
King. That in February, feveral of St. Omers Were imployed to feveral
places in Germany and Flanders, to fetch and carry correfpondences.
G That
i6)
That in March, Tickering attempting to kill the King, the Flint of his
Gunwasloofe, and the Kingefcapcd, for which Tickerwg received a
Pickering re- DiJcipUne, and the other {viz. Groves) a Lhiding, That in
ccivM a Difci- ^prz/he returned vq London', And that there was then a CenfolthtU,
piinc- firft at the White-horje-Tavern, and thence afterwards adjourned into
particular Clubs, where the Confederates did refolve on the Death of the
Kino', And that Groves (hould have 500/. for his pains 5 And Kicks-
Promrrrdr ring ( being a Religious man) fhould have 5000G Majfes. That in June
3000c Mafes he fawmore Letters, and heard new Propofals, wherein a Reward of
15000 /. was offered to Sir George iVakpnten for poyjbning the King. That
in July Mr. Strange very frankly told him how London was fired, and
how many of th^ole concerned were feized, and afterwards dilcharged
by the Guards and Order.
yfr. JennifonV Depojltion.
p A Fter Gates, Mr. Jennifon was called in, whodepored, That in fre-
^ " /A quentdifcourfes with Mr. 7re/a«d (now Executed ) he heard hiiri
often fay. That itvpos necejfary, for the introducing of Catholicfi Religion,
that the Government fhould be changed-. And that it was an eafie matter
to Kill orToyf0nthtlL\i\g. That he anfwered, God forbid. That here-
upon told him he would remit the Twenty pounds he owed him,
^iTd oJbt if he would go to Windfor, to affift to taks off the King -, But he expreffed
remitted, for a a great deteftaticu ot it. Then Ireland defired him to name Come Stout
Reward to id 1 Couragious Jrijh-men, proper for the Jffafination -, which he did, and
the King. approved of them. That he heard one Mx.Thomas Jennifon, a
Jsfuit, fay, If C. R. would not he R. C. he fiould not he long C. R. And
that the faid Jefuit added, Jf the King were Excommunicated or Depojed,
he was no longer King, and it was no great Sin to take him off. That about
two months after, the faid Jefuit told him there was a Deftgn on foot,
and that the i^ueen, Duke oflork,, the Lords in the Tower, and greatefl
Kapijis in England were in It. That there was a new j^rmy to be
raijed, to bring in Catholick Religion 5 And that He (the faid Jefuit)
wotlld procure him from the Duke a Cemmijjion in it, when the King was
taken off. That he being furprized hereat, the Jefuit told him hefhould
receive the Sacrament of Secrecy.
Mr. Dennis his Depofition.
p ^"T^He laft Witnefs was Mr. Dennk , who depofed, That he faw
^ I Dr* Gates \n Spain, where hefeemed to be a man of much bufi-
neis, and had a Bag of Money, fome of which he lent him. That the
Archbifhop of Tuam told him in the prefence of Dr. Gates,That Mr. Tluni^
ket,Trimateo^ Ireland, was refolved to bring the French Tower into Ire-
land -, And that there were feveral Colledfions of Money made in Ireland
to fupport the K loti
This is the fum of what the fix Witneffes depofed • to whofc Depofi-.
Hons were annexed, and produced in Court (in order to the fame end )
the feveral Records of Attaiflder of Coleman, Ireland, Whitebread, Lang-
horn, &c. That of Coleman was read at length, and the others depofited
on the Clerks Table, to be made ufe of as oecafion fhould ferve.
The
"N
( 7 )
Thz Tafifls Tlea to the ahoye-Jfiecified Allegations, B i-
THu9 far hath been (as I may fay) Indited, Arraigned, and prgg ry.
Tryed, iheTlot in general. My Lord Stafford ("as the Mdnagers
declared) is not hitherto proved^ but only Jitppofed a Party in the Conrpi-
racy 5 The '^Flot in general is dire<Sly charged upon the T^apiSs in general^
and they muli: anfwer to the general Indidtment 5 wherefore, though it
be not my Defign to defend Topery, yet I think it very pertinent and ne-
ceffary,before we enter upon my Lord's fpecial Charge and Defenfion, to
inferthere fomeof thofe many things the Papifts in general often did,
and ftill doconftantly alledge againlt the Premiffes, in vindication of
their Innocence. Ifinthisllhall be accounted a Papift, or ^opijhly a§e-
^ed, it will only be amongft thofe who love not to fee Truth., contrary
to their Intereji 5 nor to do JuJiice, though to an Adverfary. To proceed
then.
The Papifl:s plead, That it is not the Clamour of the hainoufnefs and ThePapifts
horror of a Crime but the Guilt and clear Couvi<^ion of a Crime ^
proved, that renders a man accountable to Jujiice., and puttiftiable by ncrai."*^
the Law. '
That as Treafon is the worfl: of Crimes, fo is the ftain of Innocent Blond ,
( (bed by Terjury^ hard to be wafhed off.
That the bare pofiive Swearing of^ every perfbn in every, matter or
manner, hand over head, is no fufficient Conviftion of anothers Guilt j
for if fo, it would be in the Power of any fix Knights of thePoft to kill
whomfoever they pleated, though never fo Innocent 5 and for what
they pleated, though never to abturd or impotfible, by meer dint of
A^idavit.
That falfe Accutations may be to laid, as that the contrary cannot pof-
fibly bedemontlrated by the Party aceuted 5 teeing ao mortal man can
ditlindily prove where he was, and what he did, taid, or heard, every
day and every hour of his whole Life 5 Wherefore, to make jnjily valid
an Accufation againft another, the Laws of God iand Man require,
Firft, That the Accuser be a Credible jVitne^., that is, not tainted withi
notorious Crimes or Villanies 5 for he that hath lol^ a tcnfe of moral
Honejiy^ hath lotl his right to moral Credit., and may be indifferently pre-
filmed to Swear any thing.
Secondly, That the Accufation be tlrengthened with probable Circum'
fiances 5 Circumftances which bring along with them lome appearance
of Truth, diftind from the bare Accufation it felf 5 for othcrwife, where
the Ballance is equal in point of repute, between the Accufer and the
Accufed, it is as prefumptive that the one thould be guilty oL'Perjury,
as the other of the Crimes charged upon him i And herein, the weaker
the Credit of the Accufers are, the ftronger ought the prefumption of
Circumftances to be, as natural Reafbn and Juftice diftate.
Now neither of thefe two effential Conditions are found in the Evi-
dence given of this pretended Plot.
As for the firft Condition 5 What manner of men the Witnefles are vfho'
make thefe Difcoveries how notorioufly Infamous ^ how ftigmatiz'd
with all forts of Felonies, Forgeries, Cheats^ Debaucheries and Wic-
kednefs, many Intelligent Proteftants in their Confciences know 5 the
Wittneffes themfelvcs have been often' forced to acknowledge, and
feyerafi
^43
(t)
feveral Courts of Judtcdture^ can, upon Record gi-ve publick Teftimony;
As for the (econd condition 5 there are not only no Circuwjiances con-
firming the bare Oaths 5 But the whole (eries of the Evidence, isa^
meer bundle of Moral impofibilities, contradiftions, aud nonfence.
Here is a'Plot ( forfooth) contrived by the Papilis, at a time when
they had leaft, or rather no reafon, to leek a Change, To l^il/ the King,
by whofe merciful indulgence they lived in Peaces To wade through
blood to an uncertain liberty, which they already fufficiently enjoyed^
To overthrow the. Governmentiox the reftablilhing of which they fo frank-
ly in the late Wars expofed their lives fortunes This Plot muff be
managed by Perfins of Quality, moft remarkaWe peradventure of all
others for firntnefs of Loyalty, and now through age and infirmities,
retired from publick bufinefs and weary of the world 5 The whole
body of Roman Catholicky, (men, before this hour, of known worth,
vertue, integrity, and unblemifhed Reputation, ) muff all be involved
by Vows, and Sacrements, in a defign fo black, and execrable, That God
and nature abhorr to think on it. fhey muft hazard their Honor, their
Eftates, their Families, their Bodies, their Souls, their All, in an en-
terprize, fo defperate and fottifh, that none bnt mad-men would at-
tempt it, and nothing but a miracle could either effe^f, or conceal it.
In this T'/ij^ar^ faid to have been engaged for feveral years together
divers Nations, England, Scotland, Ireland, France, Italy, Spain, Germa-
\iy, &c. (anaffront,fhame and foandal unio thegreateft Pano[ Chrijien-
doni) wherein many thoufandsofboth Sexes, of difterent Interefts, of all
forts, fiates and conditions, muft neceffarily have been privy to, and
partners in the Villany. Now, that none of all this vaft number fhould
have any remorft for fo bloudy a Treafon 5 None all this while the Worth,
Wit or Grace to reveal it-. No intervening accident, no Levity, no dif^
agreementof Parties, happen to detea it, till at laft Dr. Oates Captain
and by degrees their other Companions, raked out of Gaols,
V'hipt, Pillory d, and one way or other branded wjth Infamy, made
this Grand 'Tjifiovery, (good men^ out of tenderneV of Confcience. This
is fomewhat hard to believe.
Toprofecute this Plot the Witnefles atteft there were Armies
7° pp Papifis (Dugdale mentioneth two hundred thoufandsj immediately
to heraijed-, Thefenumberlefs Swarms, were to be provided with pro-
portionable fhores of Weapons, Ammunitions, &c. and all in a readi-
nefsfor a general Maffacre of Proteftants at an hours warning, Oates
and the reff likewife affirm they were well acquainted with all the moft
deep, and fecret intrigues the Papifts had, of this nature , Yet after
all, when it comes to it 5 They cannot fhew or direft where thefe Mil-
lions of men, and Mountains of Magazines are 5 The Kings Officers, af-
tcr thirty months diligent forutiny, could never find the leaft footfteps
of any fiich thing. And 'tis impofible they fhould or could be invifibly
difperfed or conveyed away upon fo fuddainand unexpefted a difcove-
ry^i efpecially in the very nick of time when they were to be made
ufo on.
We are farther told of hundreds of Sealed Cemmifjions for all forts of
Military 5 tliy Lord Stafford (becaufe no good Accountant)
muft be Paymafter General 5 Divers Patents granted for dignities of
State 5 many Bulls and Breifs for Eeciefiaftical preferments 3 And God
knows how many even Bufiiels" of Letters, and Pacquets, all containing
moft
♦
(9)
mo{{ djvwable Treafon, fent neverthelefs up and down at randam, Corns
by the Common 'Jroji. Others by fuch Meffengers as Gates, Bedlovp,
Dngdale and Tdangerfield, who, as bof<;m Councellours, were ftill
privy to the contents of what they carried too and fro, and became fo
dexterous in taking remarques. That they could exaftly tell ( when
their memories tailed not tor fear of coutradidtions) the particular
Dates, when, where, to whom, and from whom ^ Nay they could
punftually recite upon their fingers ends, the very exprefs words of
almolt every Letter 5 Oj/r/moreover declares, he was never a real '
Catholick, but only pretended to be Co, on purpole to make ^ifcove-
ries : And he was fo fijccefsful in this Stratagem^ that he gained from the
Jefuits a Tatent ( ^ ) to be taken into the ^ onjult. Is it poffible then, that cdeman'i
none ofthele men thus circumftanced, could get or preferve one fingle Tryai.
Letter, one lealed Comm/jjton, one fcnp of Paper, one Original Writing,
Cathoufand manner ofwayseatily compafled in luch a conjunfture)
whereby to credit their monjtroHs Evidence? How came it about they
did not at the firft Difcovery ( having both time and opportunity to do
feize by furprize Ibrae of thefe Things, together with the Terfons,
where they were lodged ? Did all the tletters burn their Commijjtom,
BhUs, and Briefs, as well as their Letters, asfoon as they received them ?
Why did not (hew us at lea ft his own Tatent received from the
Jefuits? Surely it would have been of mighty force to ftrengthen his
Tejiimony. Why did not the other alio produce fbraeof thofe
Treafonable Letters, writ, (as they laid, and direfied to therafelves?
Nothing appear 5 nothing extant 5 nothing feifible, but a few naked,
harmlefs men, in their feveral private Chambers? And this too, juft when
the Grand De^gn was to break into Aciion? What mortal man can re-
concile thefe endlefs Contradidions ?
From thefe, and other the like grounds, the Papifts would infer. That
no credit ought to be given to the hare Oaths of thefe men, fwearing at
this wild incoherent rats. And they farther appeal to the Judgment of
every impartial coofcitntious man, Whether it be not more likely that a
Cqw Debauch'd\NxetchQS, of /of? Conlciences, and defperate Fortunes,
allured by Gain, and encouraged by Jndempnities, (hould be induced
out of Malice or Jntcrejl, to fwear a / ie j then that Co many, fo Noble,
fo Prudent, fo known Loyal and Virtuous Perlbns, (hould be guilty of fo
horrid, fb hloudy,Co a\i>C\ird,{omoxa\\) impojfible, and (\n allcircumftan-
ces) contradiftory a Dejtgn ? Nay whether, if luch Evidence be allow-
ed and countenanced , any man, either Tapiji or TreteCiant, can be
long fecure of his Reputation, Fortune, or Life.
To what was argued from the acknowledged Letters of Mr. Coleman, Coleman t
and others. It is anfwered, Thatthbfc Ze«erj indeed raanifeftly denote
the bufie Defigns and J&ivity of the Writers; yet are they withal fb far
from confirming a Tlot, fuch as Gates and his Companions pretend to
difcovcr, that they dircftly evince the contrary. For, the whole fubjed
and context of thole Letters bear a plain and open face of what the Au-
thors intended; And the Writers Were Perfbns, who, (had there been a
TlotC) were the moft likely of all others to have been the main Engines
and Contrivers of it: Neverthelcfs, we do not find one fingle word or
fillable in them, from whence may be gathered any fuch defign; The
fubflance of them being only fome imaginary Conceits, and over-weening
Policies of four or five afpiring men, willing to be Great, or at leaft
D to
(to)
lo be thought fo 3 and defiring perhaps, in Come meafure, a liberty of
Confcience 3 yet without confronting, much left deftroying the
or Government. Wherein alio (as far as appeareth by the Letters J
they were nowife feconded by the Catholic^s in general, nor much
countenanced by thole whofe Favorites they pretended to be 3 lb that,
upon the whole matter, thefe Letters, rightlv confidered, are rather ("as
is laid before) a manifeft Vindication of the Roman Catholicks Inng-
cenfe, then a Confirmation of the 'Vlot.
^YEdTKundbury Conccming the Death of Sir Edmundhury Godfreyyhere is nothing to
GtdfrefsMuv- fafteu that Murder on the Roman Catholicks, but the bare improbable
(though gainful) Oathes of two Infamous PexCom: The one (viz. J
Bedlow, notorious for Cheats 2ind hjifdemeanours The other (viz.)
Trance, felf Condemned of Faljhoodhexem, by the leftimony of his own
Mouth 3 for he once Swore he was an Ador in the faid Murder 3 and
loon after before the King and Council, unjwore what he had laid, and
Protefted upon his Salvation, he hyiew nothing of it. There are further-
more Ibme remarkable and preffing circiimltances, which the Tapijis
urge in their own defence herein 3 One is, that Sir Edmundhury Cod-
^e^>was eftecmed by all, a moderate man, and particularly
.to Catholicl^s. And 'tis not credible the would Murder their
Friends 3 efpecially in a conjundure of time, when it was to no pur-
pole, nor could any ways Stifle the Difcovery of the Tlot already
made 3 Nay^ when they could not but fee fuch an Horrid Aftion,
';(<iif kaown3 mult needs draw the ivrath and deteftation of the whole
Nation upon them. The other is, that the whole (though premedi-
Pag. 20. .tated^ feries of this Murder, as it is related by the Witnefjes, feems to
be involved with innumerable A bfurdities, Contradiftions, moral Im-
poffibilities, and Pregnant appearences oCTerjury. The Scene of the
Tragedy mult be ( forlboth ) the publick lard of Somerfet-Houje ( a
place, or rather thorow-fare, of continual intercourle J within twenty
Paces of the Common Guards, where Watch is kept night and day 3
The Jffajftnes, to effeft their delign, mult feign a Quarrel, and call
Jufiice Godfrey out of the Street (a notable Policy J to keep the Peace,
though none , Paflengers, Soldiers or Neighbours, perceived any
•thing of this Tumult. When they had hirn in the Yard, they Stran-
gled him with an Ffankerchief, ( a very proper Inltrument, ftudyed
and contrived before-hand , to ftrangle a Man. ) After the bufiueft
was done, they let him lie expoled in this open place , half living,
half dead, above a quarter of an hour. At length they dragged him
into a Chamber in Dodfor Godwins Lodgings (a Room attefted to be
of daily ule to the Servants, never lock'd, but conftantly obvious to
all Comers and Goers 3) here they kept him two days, and then car-
ryed him through feveral Courts, into leveral Rooms, and Apart-
ments in Somerfet-Houfe 3 And having thus fto no purpofe) toffed him
up and down from Saturday till Wednefday , they finally placed him
(though ftiff and Inflexible ) in a Sedan, and carryed him to the Soho,
and there let him aftride on Horfe-back , to ride before FJill to the
place where he was afterwards found. Bedlow depoleth Sir Edmund-
bury Godfrey was ThrotVd with a Cravat 3 Trance Swears it was with
an Handkerchief-, The names of the Affaflines cited by Bedlow, are
Trichard, Welfiy, LeThaire, and other Jefuits. But the Murderers no-
rainated by Trance^ are Greene., Hill, Bury., Gyrald and Kelly, and
thele
the(e two parties are quite different Adlors 3 and as far as apears by
the Evidence, neither their Defigns, nor Perfonswell known to'each
other. ^France (aith, he faw the dead Body very plainly in a low
R.oora, by the light of a dark Lanthorn, but what was thrown over
it, he could not tell 3 Nor could he aftervv.irds when required, go to
the Room where he laid he faw it. Bedlow tells us he refuled to have
any hand in the Murder^ for which caufe the 'Jefmts did not acquaint
hitn who it was 3 yet they thewed him the dead Body in the prelence
of many, who neither knew him, nor he them 3 France himlell fur-
ther declared, he never was in Bedlows company, till he came to
Prilbn. The main Aflaffines were ignorant of what reward they
were to have 3 But Bedlovf (though no compartnerin the Murder, )
could tell there were Four Thouland Founds ordered, of which Two
Thoufand Pounds Were proffered to him alone, if he would but affifl:
the reft to convey away the Corps. This Murder is affirmed to have
been committed on Saturday, the twelfth day of OUoher (78.J at ninex
a clock at night 3 and the Body conveyed away on the Wednefday fol-
lowing, about Midnight. In direft oppolition to which, Bill, Green,
and Bury (who were Accufed, Tryed and Executed for this Fadf,) pro-
duced thcle Witneffes. One Mrs. Tilden and Mrs. Broadjireet, attefted
that Bill ( who dwelt with them) never kept ill hours, but always
came iii by Eight of the Clock3 That he could not go out afterwards^
becaule he waited at Table, and the Maid Catherine Lee locked up the
doors, and the Family went not to Bed till Eleven 3 That particularly
he was at home on Saturday night, when Sir Edmundbury Godfrey is laid
to be Rill'd 3 and on Wednefday night when carried away. Jams
Warrier attefted, That Green Chis Lodger J was in his Houfe and com-
pany on Saturday Odfober the iith. from feven till after ten at Night,
andthat he exaffly remembred it by his Work. The three Centinels,
who Succeffively. kept ftrid Guard on theaforefaid iVednefday Night,
at the great Gate at Somerfet-Boufe (xhxowgh which 'tis affirmed the Body
was carried out in a Sedan) declared there went out that way no Sedan
at any hour whatfoever, from feven a Clock that Night, to four the
next Morning 3 The Amplitude of which Teftimony includes at leaft
three hours immediatly before and after the time Sworn to by Trance
and Bedlow. Bury's Maid attefted. That her Mafter came in that fame
Wednefday in the Dusk of the Evening 3 went to Bed about 12. and
could not well after that go out again, without her knowledge 5 the
paffage to his Chamber being through hers. And it ismoft worthy of
obfervation, that this Bury was, and profefled himfelf to be (both du-
ring his Imprilbnraent, and at his very Death,) a Trotefiant of the Church
of England 3 Yet this Man, though after Condemnation he was proffer-
ed his Life, if he would own the Fadt 3 Neverthelels abfolutely deny-
ed it to his laft Breath. And when the very Cart was drawing away
from under him, he lifted up his Hands and laid. As I am innocent, Jb
receive my Soul, O Jefus 5 wherefore if the laft Words of a dying Tro-
tejiant, who might, but would not live, (by afalle accufationof himfelf
or other?,) mav be credited 3 TheTapiJis'wexe \nn6cemo('thisMHrderi
and the forenamed Witnefles Terjured in their Evidence. As for what
is objedfed about a Letter (eat from London to Tixall, ^c. It is an-
fwered (fuppoling fuch A Letter was really lent and received) That a
Letter intimating the Murder of a Tufticcof the Peace, might well be
Writ
(ll)
Writ ftom London on Safurday f when Sir Edmnndhnry Godfrey was
known to be miffing) and arrive at Tixall in Stafordjhire, by the com-
Pag. 87. nion Port on Munday following 3 And thereupon ^ugdak might tell
Pag.136. the news the Iclf fame day, ^ to divers Gentlemen at What of
all this ? Where's the Inference againft the Tapijis} Yet thisis all fojme
Gentlemen feeraed to atteft, ( whillt others dcnyed, ) and all can be
neccflarily deduced from the receipt of fuch a Letter 3 But that this
Juftice of the Peace was Sir Edmundbury Godfrey, and that ihe'Papifis
had Murdred him, is proved only by the Common trad ^EugdaUs
peremptory Swearing, without any rational motive of credibility. Thus
much of Sir Edmnndhury Godfrey.
Fire-Bails, ^s for the Narratives, and from them deduced Stories,' of Tiring the
Sham-Plots, City, Burning the Navy, Black-BiUs, Tire Balls, Sham-Tlots, JTild-
IriJlj, Spanif)-Tilgrims, with other the like innumerable Fopperies, and
known contradidions to wife men 3 though they make a dreadful found
amongft the Mobile 3 yet carry along with them fuch an excefs of
Grofs and Ridieulous Nonfence 3 that to fober undei handings they
only ferve to demonhrate the Perjury of the WitnefTes, and need
1 no Confutation in Equitable Courts ("fuch as ours are,) riowife dif-
pofed per fas ^ nefas, without appearance cf Juftice, to opprefs the
Innocent.
The Votes of ^od whetcas it is alledged, as a main Argument of Popif} Guilt,
Parh^ent That the two Houtes of Parlia/nent have declared it zT lot and (eve-
eiaringita ral Petfons in feveral Courts of Judicature have been Tryed , Con-
Plot. demned, and Executed for it. The Tapijis anfwef C with all due
Submiffion to the Government, in defence of Innocence, ) That it is not
Jmpoffible, nor altogether without Trejident, That a Lawful Authority
proceeding Secundum allegata Probata, fhould be abufed 3 and con-
fequently drawn into a Miftake, by the MaUoe and Perjury of iVicl^d •
Men. TThofe who make it their hudy and Trade, Artificial
Lyes, and have time, ajfifiance, and all imaginable encouragement and
opportunity for it, maycafily invent plaufible Stories ( vfith more cohe-
rence then any hitherto deviled,J fuch as may amufe and deceive the
raoft juU and prudent Perfbns 3 efpecially in a conjundiure, when a tfan-
fporting Zeal to the Protejiant, and fas Papifis Czyf a mifconceived
prejudice to the atholickjReligion, influenceth the Nation 3 Nor have
all been Cobvided, who were Impeached and Tryed upon the Plot,
but as fome have been Condemned, fb others Impeached upon the fame
* Seethe Try- Evidence, znd \n ihe Czme Courts yudicature, have been acquitted,
wickcdnefs and forgery of the Witnefles dete^ed, and their De-
Mar/hai, Earl pofitions rcjefted, as unworthy of Credit. It is further hoped, the
of cafiiemain, vVlfdom, Jufficc, and Integrity of the State, will at length difcover
S»,^Lady the whole Impofture, vindicate the Innocent, and Punifh the Injury
powis, Temfeji, herein done, to God, to the King, to the Nation, aud to almolt all
Europe.
To the Idftances given of Popifh malice, and Bloodinefs from for-
v^llionplench cxamples, (vi%.) Queen Marys Cruelties, the Powder Plot, the
Kids Barbarifme, the French Majfacre, See. committed by Profefty^-
pifis. It is anfwered, 'that by the lame reafon, and to as good pur-
pofe, the Trayterous Seditions, and Outrages in Germany, France,
Bohemia and NoUand, Authorized and Fomented by Calvin, Svoinglius,
Beza, and other Reformers 3 the late Bloody Wars in England, the
almoft
%
(13)
almoft yefterday's Rcmonftrances, and Pradiees in ScotUxd 5 The even
now adua] Rebellion in Hungary , railed and managed by TroteJiantj^
for Trotejianiznt 5 But above all, that never to be paralelled, BelUJh
Murder of the Lords Annointed, Our glorious Sever aign Charles thejirjl^
in cold Blood, by outward forot of ]wice^ on pretence (j/Reformation,
might be imputed to the Proteftant Religion. For all thele now men-
tioned Horrid Villanies were committed by Trotejiants 3 Tretejiants*
who gloried in being more then ordinarily refined, from Topijh Errors
and Superjiitions. If it be Paid fasmoft juftly it may) the Church of
England never taught fiich Pradices, the lame lay, and proteft the
Tapijif in behalf of their Church 3 But bccaulc meer recrimination is
no juftification on either fide 5 And for that, a full decifion of this heavy
charge, dependeth much onthe right underftanding of Roman Cat ho-
lick^Trinciples, in matter of obedience to Godvitid the King 5 We lhall
treat of this Subjed apart by it lelf, when we come to examine the
Principles of My Lords Faith and Religion.
^jleSi'ms upon the feyeral ahoVe-cited Depofttions of Smith,
Dugdale, Oates and Jenifon.
LAftly, The above-cited T)epoftiens^ relpedively made by Smith,
Tiugdaky Oatesy and Jenifon^ in proof of the Tlot in general, are
e alio to divers remarkable Exceptions. And the Tapijis ftick not
here to fay, they wonder how fo many and groG Incongruities, and
Fallboods, attefted only by Infamous Men, could paG for currant
Truths amongft Perfons of Juftice, Worth, and Prudence. For in-
dance.
Smith in his Depofttion gives us to underftand, That being as yet a
Treteftanty but troubled it feems with Tome doubts in matters of Re-
ligion-, heapplyed himfelffor latisfadion to certainin France^
They to lettle his mind told him, They would Jhortly bring in their Re-
ligion into England , Right or Wrong. ( a notable argument to con-
vince a well-meaning Trotejlant.) But neither this (as you may well
think,) nor all the Jefuits could lay, or do, would prevail with him 3 lb
that he lived and ftndied with them leveral years, ("a likely ftoryj re-
maining ftill a profelTed TroteUanty At length the Jefuits defponding
(as well they might) of their own abilities, herein, lent him to be
converted by Cardinal Grimaldiy and he it was did the Feat, which
none of the TrieUs or Jefuits could compaG. The Cardinal ( to re-
move all Scruples from the tender Conlcience of his new Convert 5 and
farther to convince his Judgment in the truth of his Religionf) enter-
tained him one day with this Learned and Pious dilcourle, (wa.) That
he had great ajfurances, the Popilh Religion mould prevail in England,
and that there was but one in the wajy and that td accomplijh their dejtgnsy
they nauft take him out of the way. Thus the young Man being now
well confirmed in his Faith, was raider TrieH, and lent into England
with Inftru6fions to teach his Countrey-men, They were not' obliged to
obey their King'^ and that to Murder him was a Meritorious A&. But the
misfortune was, that arriving in Englandy he quite miftook his Errand.
And though he continued firm in the belief of the Tapilb Doftrine and
Principles 3 yet made it his whole bufineG to root out the JefnitSy (the
E Topes
#
Ch)
Topes chief Emijfaries^) and diffwadc RomAn Catholick^ from (ending
Moneys to ColUdges beyond Seas. .
T)ugdah tells us, All the Jejuits Letters containing Damnable Treafbn,
and fcntfor themoft partby the Common Port, came to his hands, moft
of which he faw and read, but could never produce one (ingle Letter.
He informs us alio ot dreadful Oaths and Sacraments of Secrecy^ admi-
4niftred to the Confpirators, before they were made privy to any
dangerous Defign; yet with the fame breath declares, there were
Vhole Armies both privy and ready, to a defign no lefs then of Cutting
all the TroteUants ihroats , throughout the Nation at an hours war-
ning. Nay he afTures us, there was a Free Tardon of all Sins Proclai-
med every where, at the Chappels to all Perfbns, Men and Women,
whofbever would be aftive in Killing the King^ ( a notable way of
concealing Secrets.) Is it pofiible this fellow fhculd find credit in fuch
groG, (iieh palpable Forgeries.
Gates likewife relates, How that whilft he was Chaplain to the Duke
of Norfolki theTrie^is attempted the utmoft of their skill, to per-
fwadehimout of his KcligioH, by telling him, The Church of Enghnd
Tvas upon it's lafi Legs. Surely the TrieSis took him to be either a
notorious Fool or Knave, for otherwife they might doubtleG have de-
viled fome more plaufible and leG dangerous Argument to convert a
Trotejiant Minijier j Yet he feigned to be convinced by their reafbns,
and was hereupon prefently entertained by the Jefuits, (the (bttifli
carelefs Jefuits^) who on a fiiddain intrufted this Neophite with all their
' concerns, made him privy to all their moft Damnable Intrigues^ And
in fhort, 'tis moft certain , nothing Treafon, Murder^ or Vtllany,
was contrived or even thought on, by them, without him, By this
means he became acquainted, not only with the ftrange adventures of
Tic firings looje Flinty Whippings Thirty Thoufand Majjes^ &c. But alio
with the manner of Firing the City ^ Introducing Chimerical Armies^
French^ IriJIs, Spanijh, See. Muftered up in the Depofition ^ Nor is it
a wonder the Jefiits ftiould be fo rafh in dilcovering their Secrets to
Oates 5 Seeing he himfelf (if you will believe him^ here aKb depofeth
that fbmeof them were fo defperately mad, as to Preach a publick Ser-
mon before a company of Students, wherein the Kings legitimacy was
vilified and abufed 5 and it was declared. His Majejiies Religion entitu-
led him to nothing but fudden T)eath and T)eflru3ion. It is credible a
Jejuit or any other inf his wits, ftiould publickly Preach fuch Black
Treafon to a Company of Boyes} But what fhall we (ay of iheTioSors
tender Con(cience and Zeal, in prelerving the King ? He tells us here,
he OTi\y feigned himfelf a Catholick, on purpofe to make T)ifcoveries ^
( Alas good Man) It was to fave His Majefties life, made him (eem to
the Tapijis what he really was not. Yet (O prodigious Impudence^)
he owns at the fame time, he was confcious for above a year together,
of the daily attempts made by Groves and Tickering to Shoot the King^
He hourly eypefted for feveral Months the horrid effedts of Sir George
Wakeman's Poyfbn 5 He was privy (as head's elle-where) to the defign-
ed Affajjination of the King at JLindfor^ He knew the Rufians were
actually upon the Place, and ready for the Villany^ He faw the Money
lent to them for their encouragement, and every moment waited to
hear, the fatal jiroke was given. NevertheleG this Man of Confcience,
whole watchful Eye fo <?arefully guarded the King's Life^ all this while'
made
Ci'5)
made no Difcovery 5 Though he knew for certain, that the Tijiols were
all ready, even at the King's BreaSi ; The Cup of Toyjott at his tips 5
And the 'Dagger almoft at his very Heart, Yet he never cryed out Mur-
der upon the Lord's yinnointedj never called for immediate Succour 5
never warned the King of his Eminent Danger, never diverted th|^im-
pending mifchicF5 never lb much as opened his Mouth, to difclole any
of thefe horrid Treafons, until fuchtime as the King might have been^
killed a thoufand times over. Is this the Doftors Vigtlancy > Or rather^^
is it not perfeft Demonftration, that all he hath Sworn of the 'Flot^ is
damnable Perjury ?
Jenifon declares, that though he often expreffed to Mr. Ireland^ an
horrid deteftationofTreafon and Bloodlhed 3 Yet Ireland (as if he had
a mind to hang himfelf) was (till urging this confcientious Man to A/«r-
der the King 3 and when he could not prevail with him herein, he would
needs have him at laft to nominate lome JriJfj Ruffians, whom he judged
moft proper for this Execrable Villany. And thus far indeed Jenifon
acknowledgcth, he condefcended. Now one would think a Man, who
had taken fb deep an Impreflion of horrour and deteftation of Blood-
(hed, fhould have had fgme fcruple in concealing fo Hellifh a Defign 3
and much more in nominating the very perfbns who were to efFeft it.
But that which feems above all moft ftrange is, the mighty reward the
Jefuits proffered him, in ca(e he would joyn with the Four Ruffians,
in this Dcvilifh enterprize. Oates informs us. Sir George Walkman was to
have fifteen tkoufand pounds to foyfin the King, and Groves fifteen hun'
dredfor Shooting Him. Dngdale alfb affures us, he had not mUch left
prcmifed for the like attempt 3 Yet when thele JeJuits come to beat
the Price with Jenifon (though a Man hard to be wrought upon) they
could afford him no more then twenty pounds 3 and this only to be re-
mined of an Old Debt 3 a wonderful encouragement to a Scrupulous
Man, for fb defperate and damned an Exploit.
To conclude this whole matter. The ^apOts aver, if the JuJike and
Equity of their Caufe be impartially confidered, the Integrity of their
Principles rightly underftood, their formerly experienced Loyalty regar-
ded. The contrary praftices of their chiefeft Adverfariesxemetaheied.
The Infamy of the Witneffes, and Inconfiflancy of their Evidence duly
weighed, there will remain no colour of proof, or even Sufpicion of
this fatal Tlot, Which hath already drawn fb much Innocent Blood, and
brought no f^all confufion both to Church and State.
The Trocejs agamji my Lord in Particular,
After a long and accurate difcufSon of the Tlot in general, The
Court proceeded to take cognizance of what in particular affeft-
cd my Lord, thePrifbner at the Bar. In purfuance hereof, the Mana- p
gers regarding in all things a Methodical exaftncft, fiift demanded be-
fore they produced their Evidence, That none of my Lords CouBcel
might ftand near to prompt, or advife him what he fhould fay, or an-
fwer, as to matters of Fad, wherewith he was charged.
Then they began by way of introduftion to fhevy, that they had
made it out there was a Tlot. That this Tlot was a general defign of the The onfet
Topijh party 3 That it was not likely fuch a defign could be carried on, ^
without the Concurrence of Perfons of great Quality, That therefore
it
SJfH
Q-S'l
!■'<
III i
#! I
My Lords
Addrefs.
Pas;e 2y.
&c.
m
(i6)
it was to be prelumed, my Lord at the Bar, a Nobleman, and a 2IeaIous
Ta^fi had a {hare in it, But what that (bare was, and how far my
Lord was engaged , was to appear from the pofitive Evidence.
It will not be expefted that my Lord, one fingle Perlbn of 68. years
of age, longicnprifoned, no great Rhetorician, nor much verled in the
(houid take ail advantages, improve favourable circuraftances, and
keep equal meafures, in (harpnefsof Wit, and efiluence of Speech, with
his Opponents, who were ten or twelve of the greateft Lawyers, and
ableft Judgments of the Nation^ Nor is it any wonder, if my Lord
confounded with the multiplicity of arguments, aftoniChed at the
horrour of the objefted Crimes, difcountenaaced by the Auditory 5
And C as he acknowledged ) half ftupified with continual pleading,
day after day, without intermiffionj Did (bmetimes infift upon mat-
ters of le(s, and omit matters of greater moment, in his own behalf 5
yet he (eemed to manifeft much of candour and fincerity,in all his Com-
portment, and Addreffing himfelf to my Lords his "judges, before he
began his Pica to the particular Evidence againft him 5 He fpoke to
this efFedt.
" That he was much afilidlcd to (ec himlelf accufed by fo high an
" thority, for a Crime which above all others, he ever from his heart
" utterly abhorred 5 he renounced and dctefted with much Exaggera-
" tion all Tlots againft the Kiftg and Gorvernrntnt, He abjured all
" cities leading to fuch ends 3 And difowncd all Authority upon Earth,
" which might in the Icaft pretend to ablblve him from his Allegiance.
" He further ftiewed how faithful and affeSionate he had been , both
to the late King in his Wars, and to this in his Exile ; He declared he
had timely notice of his being Impeached, and thereupon might (if he
" would) have eafily fled 3 He likewife acknowledged, That after he
"was in the Lower, both the King and the 'Houj'e of Lords had (enthim
" word. That in cafe he would make a Discovery, though he were never fo
Guilty he Jbould have a Tardon^, If therefore he had been really con-
•'fcious of his own Guilt, and might have (ecured .himlelf by either of
" thele means, and would not, he ought to dye for his folly, as well
*'as his Crime. He profeflTed he had always a natural abhorrence of
" Blood-fhed, infbmuch that he could not wifla the death, even of his
Adverfaries that Swore againft him. Lajily, Hedefired (^as neceflfary
to his defence,J) Copies of fbme Depofitiens made by the Witneffes be-
fore feveral Authorities, on ftveral occafions 5 which Copies after a
long debate upon it, were granted.
Now begin the particular Lepojitions, of each particular Witnefs
diredly againft my Lord, upon which the ILoufe of Commons grounded
their Impeachment.
To theft Depojitions as they ftverally occur, I (hall adjoyn my Lords
immediate Aufiver3 And to his Anfwer, the Mannagers reply. That (b
both ccnfulion and unneceflary Repetitions, inconliftent with a Com-
pcndium, may be avoided3 Furthermore, becauft the Mannagers in Sum-
ming up their Evidence, made divers ingenious Objervations, and urged
rhany Reafbos to uphold their ftveral Charges, not mentioned in the
body of the Tryal. And al(b for that the TapiSfs alirm , there was
more of flourifhing Rhetorich^, then ftrength of Argument in the (aid
Objervations 3 the order of Law, not premitting my Lord, in the clofe
of the Tryal to Rejoyn upon them. I (hall (to give the beftfatisfaifion
I
1
('7)
lean to all parties^ anneit here the plain Subftance, both of the'laid
Mannagers Obfervations, and the Tapijis Jnfmriy as they relpeftivcly
occur, to each particular Evidence.
Dugdale's Depojltion againfl my Lord. ^
THe firft Witnefs that gave Evidence to the particular ImpeacI
raent, was Stephen ^ugdale^ who Swore: .
1 hat at a certain meeting held at Tixal in Stafford-Jlnre^ about thl
latter end of Auguft^ or the beginning of September 5 (7^.) My Lord
did (together with the Lord ASion and others, in the prefence oiT)ug-
dale) give his deliberate full conlent, To take away the Kings Life^ and
Introduce the Popilh Religion. That on the 10th. or 21 jl. of September
(78.) in the forenoon, my Lord then refiding at Tixal^ fent for him
the ftid TJugdale to his Chamber, by one of his Servants, either his
Gentleman or Page, whilft he was dreffing 5 That when became in, my
Lord fent out his Servants, and being there alone together ^ my Lord
offered him 500 I for his Charges and Encouragement, to take away
the Kings Life^ And farther told him He,Jf}Ould have free Tardon of all
his Sinsy and Jhould be Sainted j For the King had been Excommunicated^
and was likpwije a Traitor and a'Rebel, and an enemy to Jefus Chrift.
My Lords Exceptions,
TO this Depofition my Lord made leveral grand Exceptions. The
firft was, That Tu^dale was a Perfbn of an Infamous Life, That gi^ry" ^
he had Cheated the Lord AJion his Mafter, and defrauded Work:men
and Servants of their Wages. That by his Extravagancies and Mifde-
meanours, he had run himfelf into feveral hundftd pounds T)ebt 3 for
which he was thrown '\ntoG0al, and defpaired of evef getting out from
thence, otherwile then by making the pretended T)ifc&veries. For
proof of all which my Lord produced thefe WjtnelTes.
Mr. Sandbtdge, An old Man, and a Trotejiant attefted. That Ttugdale
was a Knave, and notorioufly known, both by hira and alhthe Countrey
to be a Wicked Man.
'Thomas Sawyer attefted, T)ugdale went'from My Lord AJions, invol- g
ved in deep Debts 3 That whilft he was Bayliff'to My Lord AJioh, he
received and placed to My Lord's Account, feveral Work-mens Wages y
which-he never paid to thefaid Work-raenj Whereupon great Clamours
and Complaints were made of him in the Countrey 3 That being Ar-
refted for Debt, My Lord AJion would not own him for his Servant, at
which TTugdale Swore He would be revenged on him.
The fame thing as to Tjugdales finifter dealing, His beitigin Debt, Pag
Iraprifoned, and Difowned by the Lord Atlon^ were attefted by Sir
Walter Bagi^ot, Mr. Whitby, a Juftice of Peace, and Mr. T hillipsMmi-
fter of Tixal.
From hence my Lord drew a fecond Inference, (viz,) Thathadthe
I.ord Ajlon^ and the reft been Guilty, (as Tugdale accuCed them,) It
was highly improbable, the faid Lord fhould adventure to exafperate, ,
difcard, and leave to Goal and Ruin, a man, at whofe mejcy they all
lay, and who might to retreive his defperate fortune, by making Dif-
coveries, utterly deftroy both their Defigns and them.
F To
#
(.8)
Pag.i4y.
&e.
H
Pag, 163.
To confront the Teftimony of the foregoing Witneffes,the
prod Jbed others in favour of longdate j And as to the matters of his
Debts and Beggery. ^ „ <v 1 1 j
Mr Nohle, Stephen CoUedge,(theTr0teiiafitJoyner, lately Executed
fojJiigh-Trearon at Ox/frdJ and Mr. BofomU^yev, depofed. That
mdales intreaty, they went with him to the Tomr, to affift him in
iliftiog his Accounts with the Lord JJion, but could not accompIiCh
i if by reafonmy Lord would not,(till the return of acertain Councellour
out ol the Countrey,) let them fee a Book, wherein faid his
Difcharges were 5 And that Dugdak told them, my Lord JSlon was In-
debted to him (things rightly Hated ) two hundred pounds.
TO this my Lord Stafford reply'd, Ik ffould have jomthing to fay 3
jiHd defmitk Lord Afton miiht ke odmUeJio giw an ''rmnt of this
^ matter i But it was anfwer'd. That the Lord Alton Uood indited for the
Came Treajbn, and could not be a ffitnefs. • u r i u «•
Then my Lord defired Mr. Lievtenant of the Tower might fpeak what
he knew. Hereupon Mr. declared, That the Lord hOLon
would have come to an accondt with Dugdale in hi, ( the Licvtenants )
pre fence 5 But that Dugdale put it off, and faid he would come fome other
uL', but from that time to this, he never heard of him.
Pag. 17 J.
UJI^Pon thefe Tcftimonies the Minmgers made thele following Obfervationt: Firft,
It was manileft from feveral C.r'cumrtances, that Bugdale went not away
Irom fixal for Debt, (as feems here to be pretc^ed J but for fear of being apprc-
hcnded for the Hot, which argues he was then Confcious of his own Guilt in that
matatt. «,»<«., Whereas Sawyer attetts, that Swore he would be
Kvenced on rov Lord a^ifea.bccaulc h? would not own hitn for his Servant,when Ai.
xCftcd for Debt s If this were true, yet feeing this Revenge was not intended againft
my Lord Stafford, but ag?inft ^y Lord Afiom It is Impertinent to be urged againft
pugdilti prefent ^Evidence.
)■ 1
* To which the fapih Anfwer.' 'Cothe firjljt is no wonder, if at a time when Roman
Catholickj were univcrfally fufpei^ed and perfccuted on account of the Plof, J)ugdale
though not Confcious ofany GuiJt,either in himfelfor othersi Yet being then a Ca.
'fholick,, and hitherto undetermined tofor an Evidence, was in fomc apprc-
henfions ofcomming into trouble, and might therefore withdraw upon that Score.
But what is that to the prefent purpofc? Is it not alfo undeniably proved here.
That Dugdale was in Debt ; Tiiat for Debt he was Arretted and Imprifoned; That
for his Mijdemeafiors, and not for Keligiotf he was difcatded by his Matter s That at
laft Beggery had furrounded him. Revenge polTcffed him, and Defptration Seized him.
?f this hath been clearly proved, 'tis no hard matter to judge what was his end and
aim In making, his Difcoveriet.y And my Lords further Inferences hereupon are
J&)lid andCoi^ lotheffcond. The Evidence given of r«^«t<»/e's Revenge, was not
produced as if the faid Revenge was chiefly intended againtl my Lotd Stafford, but
9nFly to thew that Dugdale was now uppn the point of bidding adieu to Confciencc
faijd JEIonefly, And delirous to la'tisfie alt once, both his Malice, and E
Penury i He
Wtived his K.' f»f'" <>" Model give., him by Oo.e/ and B,&». ) wherein
hrAecuCed fome out o( ReM»«e, and others, (a.i;on|« whotn my Lord St,ffa,d)
as the raoft proper Petfons, to compleat the Number of AUors in his Tragick
'Farce. " •
Pag. 147.
■»
IN defence pf Dugdale's Reputation in point of Honefty. Mr.
*y?f . f « ■ . i—^ f • t I t «
14'hitfy declared, T)ugdak had been long my Lord
"diions Servant, received ray Lord's Rents, made his Bargains, and
Governed the reft of the Family; Thkt he dealt honeftly with him 3
That
\
A
(i9)
That he had heard indeed fbme Trades-men complain he put them off
without Money, and would not pay them: Bu^that ray Lord would
hear nothing againft hia.
iVilliam SoHthal a Coroner depofed, that he knew no ill of Mr. TJug-
dale^ that he was the Lord jijions Bayliff, and had a good repute
with all thole People who had dependence on the'Family j But that
he himlclf never had any bulinels with him. Then he (the faid Southaf)
gave a large relation how he had perfwaded Dngdale (being then in
Cuftody for Debt J to Dilcover the Tlot ^ By putting him in miad of
his Duty and Allegiance to the King, and affuring him, If he would ma!^
a. timely T)ifcovery , he Jhould not only obtain his Majeflies Gracious
Tardont but aljb a Reward ofT wo Hundred Ponnds. By force of which
Argument, Tdugdale at laft affented to make Dilcoveries 5 And accor-
dingly gave in his leveral Depofitions, firft in the Countrey before two
Juftices of the Peace, afterwards before the Councel 3 and laftly be-
fore the two Houfes ofTarliantent.
Concerning this Southal, the Lord Ferrers informed the Court, That ,
he had been very adive againft the King in the late Wars^ and had the ^ ^
Repute of a Pernicious Man againft the Government.
To Impugne which Information, the Lord declared in behalf p
of Southalf that his Mother had imployed him, and found him honeft
in their Affairs j And Mr. Gower farther teftified, That he found
Southal extraordinarily zealous in prolecuting the Tapijis.
f »
UPon thefe Evidences, the Mamagers made thefe Obfervations, F;>y?, Mr.
fVbitby not only declares, that Dugdale had dealt honeftly by him; But
that my Lord Aiion himfelf would hear nothing againft him. Secondly^ It is
not always the Stewards fault, if Workmen to great Perfons fometimes wane
their Wages. Thirdly, Mr. Southal an underftanding and zealous man, had
(with much difficulty and ftrong Arguments,) the good fortune at laft to fucceed,
in parfwading Mr. Dugdde to make a fair and plain Dilcovery of the whole
Plot, to the great happinefs, not only of Mr. Dugaale, but of the whole
J^ation
To which the Papifis Anfwer: To the firfi. Though Dugdale perhaps dealt •
honeftly with Mr. Whitby, yet he might be a Knave, and deal dilhoneftly with
other People for all that. And if my Lord .dfion refufed to hear any thing a-
gainft him, this very refufal argues there were Complaints made of him; And
my Lord himfelf, in time both gave Ear to his Grimes , and Difcarded him
for them, as is already proved. To the fecond, Thofe Stewards who receiving
Moneys of their Mailers, to pay poor Labourers their Wages, Ihall (as Dugdale
did; Defraud them of it, the better to defray their own Extravagant Expcnces,
arc no honeft Men. To the third. The Papifis do not underftand, to what
purpofe this Teftimony of Southai's is here produced} for it is granted, That
Dugdale being in Goal, and brought to cxtrcraityj did after much ftruggling
and reludtancy of Confcience, abandon his Soul to Perjury, And conceiving
fair hopes of Succefs, by the profperons adventures of Oates and Bedlow, by the
prefent promife of 200 /. and by the perfwafion of Southal, a notorious CromT
voellian, at laft plunged himfelf into deep and horrid Oaths, not only Incredible,
but morally impoffible to be true.
THe (econd weighty Exception made by my Lord againft TDugdales
'Depojiiion was, That he had dircftly and palpably 'Perjured Perjury.
himfelf, in divers parts and circuraftances of his laid For
inftance of this,
Firft, 'Dugdale now Sweats, He had an exafl: knowledge, and deep'
concern
(20)
' concern in the 'plot. He was not only a Confident^ but an J^jpjiant in
raifing Armies^ Killing the King, See. Now my Lord proved by ftve-
ral Irrefragable Witncffes 5 That the faid Dugdale had before at fun-
dry times , and on fundry occafions, with dreadful Oaths and Exe-
crations, profejfed he nothing of any fuch thing. The Witneffes
were thefe.
Pag.87.^. Sir Walter Baggot and Mr. KinnerJIey, both Parliament-men, Attefted •
i. That Dugdale being Examined before them, and other Juftices of the
Peace, though he then took the Oaths of Allegiance and Supremacy in
their Prefence, yet ablblutely denyed any knowledge of the Plot.
Mr. Whitgra'Ve ajfoa Juftice of the Peace, Attefted, that heearneft-
ly Prefled and Encouraged Dugdale to make a Difcoveryof what he
knew 3 telling him, Slow he had taken the Oaths, they looked upon him
as one of them ^ and that he would do him all the Kindnejs he could : To
which Dugdale anfwered, Truly for his part, though he had the misfortune
to Live amongji Pap\{\s, yet he never liked their Religion. Then Mr.
Whitgrave wxgcAh\mhowie, faying, Sir you may do your felf a kjndnefs,
and oblige your King and Country : T am confident you know of this Horrid
Plot 5 pray do not ftifleyour Confcience with an Oath of Secrecy: Let it
come out j Dugdale , ashehopedtobefaved, he knew nothing
of it.
Thomas Sawyer That two or three days htiox^ Dugdale
began to Impeach, being then at Stafford under the Serjeants Hands
for Debt, he took a Glafs of Drink in the prefence of Sawyer, and
faid, Thomas, Iwifhthis may be my Damnation, and my Toijon, iff
know of any Plot or Prieji.
1 IPo^thefe Evidences the Mannagers made this Obfcrvation, (viz..) That
ITS'* LJL denying, and with Execrations forfmaring any knowledge of the
Hot, is no manner of ObjeUion ; for he Forfvpore it at a time, when he never in-
tended to reveal it, andwds in danger of his own Life-, but afterwards he changed hit
mind, anddifcovered all to S6\ltha\, and others.
Towhichthe Vapi^s anfwer : It is very ftrange, [6palpable a Perjury proved
tipon by (o Subflantial Witnefics, in the whole Syftem and Ellence of
his Teftimony, fhould be fo (lightly evaded. Is it no manner of Objection to
prove that Dugdale is Forfworn in his whole Difcovcry ? Muft Credit be given
to the Depofitions of a man, in a matter, whereof he himfelf with dreadful Oaths
and Execrations hath often protefted the contrary ? Is the Convi(fl:ion of Perjury
by theTcftimony ofhis oivw nothing? Why? becaufe cut of fear in his
former he never intended toSy^eaxIxviXh. Isthis a Rational anfwer ? Nay
is it not rather perfeftly demonftrativc from what is already proved j that for
Fear, for Lucre, for Revenge, for Liberty, this man hath adually Sworn to
expxeiiContradidioHs, and will not (tick upon the fame motives to Swear any
thing;
SEcpndly, Dugdale had determinately Sworn at Sir George Wakemans
Tryal (as my Lord proved by two Subftantial Witneffes, the
Lady Marchionefs o^Winchefier, and Madam Howard) that the Meet-
ingor Confult at Tixal, mentioned in the Depolition, wherein my Lord
is faid to have been prefent, and Conlenting to the Rilling of the King 5
was held precilely in the Month of Auguji (78 ) Now my Lord proved
he never was at or near Tixal during that whole Month, nor came
thither till the 12th of September following. This he fhewed by giving
an cxadl Account where he was, every 'Week and Day throughout
that Month. The Witnefles who gave refpe^ive Evidence to each
particular time and place, were, the MirqueCs c^fVorcefier^ the Mar-
chionefs of fVinchejier^ Mr. Benny^ White and Bevan, Servants to the
faid Marquels. ^
UPon thotcTcftimonics, the Mannagcrs made thefc Obfervations ; FThe lAn.
two Ladits who gave Evidence to Dugdale'x Words fpeken at 5;r George
Wakcman'i Irgsd, were Roman CathoHcks and Relations to mj Lord. Secondly,They
did not agree in their Evidence with one another. -The Lady Mar chionefs ftmngt
Dftgdale Swore that my Lord Stafford was to come down into StaffordJJ^e 'm
Jmeotfulyy and was prcfencat thcGonfuItat Tsxal 'm ^ugufi. Madam Ho-
wardfaying, Dstgdale Swore my Lord Stafford d\d Covoedowo'mro Staff or afhire
in ftsneox Jttly % and was prefent at the Confult at Tixal'm y^dgssjl. "thirdly^ The
faid Ladies having mach concern Mpon them for Sir George Wakeman the Popijlo
Phyjitian, they might eafiiy miftafe in what they heard. Fourthly, in the printed
Tryal i There are no fuch words of Dogdale's mentioned.
To which the Papijls anfwer: To the firft, The two Ladies, though Roman Catho-
licks, areperfons of that Quality and known Vertue, asadmitof noComparifon
in point of Credit with the Witnefles produced againft my Lord. That to Vilify
my Lord's WitneflTes bccaufe Roman CathoHcks^ is contrary to Law, and denotes
an Exafperatcd mind, willing to deprive CathoHcks of a Jiift Defence, To the
feeond, The different manner or Phrafe the Ladies ufed in-cxprcfTing themfelves
inpoint ofCircumftancc, is.not at all material, feeing they both joyntly agree,
and dcterminately Atteft j That Dugdale Swore my Lord was at "Tixal in Auguft,
and then and there prefent at the Confult: Which was the Sublfantial thing where-
in my Lord proveth him Perjured. To the Third, A deep concern occafioneth
an Attention rather then a Miftake: Ahd a pretence of amiftake in a pofuive
Witnefs, is an Evafion, whereby any Verbal Teftimony whatfbever may be
eluded. To the Fourth, CathoHcks have Experience that many confiderablc
matters have been omitted, or othcrwife inferred in the Prlnte^Tryals, to the
difadvantage of their Caufe j And as thofe Printed Copies, though pleaded,were
never allowed to be good Evidence for them, fo ought they not to be alledeed
againft them.
T
'Hirdly, Swears in his Depofition: That at Tixal on the page83.<^^
10th. or ivth. of September (78.) My Lord lent for him by one
or nis Servants to his Chamber, in the Morning whilft he was Dreffing 5
(which Servant alio Tlugdale Swears, was either Mr. Turneffe ray Lords
Gentleman, or George Leigh his Page:) And that when 'Dugdale came
into the Chamber, my Lord fent out his faid Servants 3 and being thus
with him alone, Offered hivt five hundred Tounds to Kill the King. In
dired oppofition to thefe particulars, my Lord proved, by the At-
teftation of the felf lame Servants, lAt, Fur nefe and George Leigh that
h»ever lent for Dugdale, never Was with him alone in his Chamber 5
nor never difmilTed his Servants for that end, all that Morning. For
the evincing of which,
Mr. FurneJJe my Lords Gentleman Attefted; That he about eight a page 80,
Clock that Morning,coming to my Lords Chamber,mtiDugdale in the
Hall. Dugdale defired him he would Inrreatmy Lord to Intercede to the
Lord Afion his Mafter in his behalf that he might go to Etching Race;
Hereupon Furnefje went into my Lords Chamber, and having fpoken
to my Lord, as Dugdale defired, my Lord bid him be called in 5 ac-
cordingly Furnefie conduced Dugdale into the Chamber 3 when he
came in, my Lord asked him feveralqueftions about the Race, telling
him, he himlclf would bett Twenty Vonnd% for Staffbrdjime fake 5 Then,
G after
a 5*7
C22 )
after fbrne difcourle to this jiurpofe, my Lord Stafford told hiih, be
would fgcak to his Lord for him 5 during all which time FHrnefft wa
prclent in the Chamber^ together with, my Lord and T^ngdale, and heard
the dilcourle between them. When F)ngdalt had obtained his regueft,
he went obt of my Lord's Chamber, leaving Furmffe (till there 5 ray
Lord alio asfoonashewasdreft went out of his Chamber to ray Lord
toaskhira leave for Idugdale'^ bidding make himtelf
ready to go to the Race. Fur»ejje accordingly made hirtifelf ready
iiboltit Nine a Clock, and coming down the Back-ftairs my LoidiStafford
met him; Go Cfaith he) to EtchiftghiU, and fee what Betts there are,
and take Stephen Tdugdale along with you to (hew you the way , for I
have asked his Lord leave for him to go : Upon this Dngdale having
how leave, went along with Fur'neffe to the Stable, and took Horfe 5
FnrneJJe\m Horfe was not ready, but he overtook ©sgdi/c within half
a Mile, and they arrived at the Race together about twelve a Clock :
My Lord himfelf (with other perfbns of Quality) came to the Race
not long after, and returned back to Trxa/ about feven at Night.
The fame Mr. FnrneJJe and George Leigh both Atteftcd, that my
Lord never fent either of them for Dugdale'-i that he never bid them
go out of the Chamber , or abfent themfelves whilft Dngdale atone
remained with him: No, nor did they know that my Lord was ever
alone with Dkgdale, either that Morhihg, or in his whole Life.
To Infringe the laft Particle of this laft Evidence, the Mannagers
produced thefe Witneffes.
Page i 31, &e. Mr. FJaitfott Depofed • That he once few 'Dngdale with my Lord in
the Parlour at Tixal 3 but durft not be poiitivc whether they were alone
or not.
PFillian* AiifellDe^o(k6^ That palSng through the Court atTixal^
he few my Lord walking With ^Dugdale 3 That he heard no Difeourfc
between them; That there might be more in the Company , but he
faw no more : Andlaftly added, that talking one day with Dugdalc
about the Plot, Dngdale anlwered : God Blaji hi fa ij he knew any thing
of it.
Page 174. 1 "jPon thcfcEvidences the made thefeObfervations. Tir^^My Lords
V-i two Witnejfes, Furneft attd Leigh, were his own Servants. Secondlyy They were very
po fiiive in a matter Lard to remember, (viz J That Dngdale never was in my Lords
Cotnpany ; .And therefore that eafte Credit Poould Hot be given to them, but rather
/<>Hanfbn4«</Anrcll, who both Swear, that they haveJeen my Lord and Dagdalc
together.
To which the Tapifls ar,fwtr : Thefe common Sophifmes and weak ObJeffiyS
hiade to the Convincing Evidence here given by my Lord in Confutation of^e
maih matter laid to his Charge, argue the Mannagers at a loft for an Anfwer. To
the firft, Whom could my Lord produce but his Servants,tocontradid: the Falfities
of a man that pretends to have heard him fpeak whilft he was Dreffing
in his Bed-Chamber? Are HOneft Servants, becaufe Servants no good Witneffes ?
To thefecondj Though it ftiould be grarilcd that at other times, and upon other
occafiotis, Dngdale might have been in my Lord's Company, either unknown to
his Servants, on ot rcmenibred by them, or even by my Lord himfdf, (which
istheutmoftof what theTeftimony of HanfonznA ^nfell can amount to) yet
this doth not at all weaken my Lord's Evidence, nor clear Dngdale from Per-
jury herein; Par the chief things wj^ich rny Lord s two Servants weHremem-
bred, diftiniftly Atteftcd, atldbymoft remarkable Circumftaftces fully proved;
was, That my Lord did not fend cither of them for Dngdak; nor was Dngdaie
alone
I
(53)
aicne with my Lord In his Chamber, on the zith. of September in the Morning;
On all which parcicuIarsD«^^^<i/ff laid the Strefs of his Evidence i and here it is*
he !3 direftly Ferjured.
J
Fourthly T^Hgdale at the forenamed Tryal of Sir George Wakgrnun
pofitively Swore ( as my Lord proved by two Witneffes, Mn
''eiyjfcrd and Mr. Lydcot^ both prelent at the faid Tryal,) That he the
Dugdale, having received a Letter on the 14th. <?/0(2ober, which
mentioned the death of a JuJiice of'Feace^ did the fume day at an Ale-
houfe in Tixal, impart the Contents of the faid Letter to Mr- Sambid|;e,
Kinfman to my Lord Afton, And Mr. Thilips, Minifter of Tixal ^ And
that they anfwcred, TAej' heard nothing of it before. Now to confute this,
my Lord produced for Witneffes the fame Mr.Sambidge and Mr. Thilips.
Mr. Samhidge protcfted upon his Salvation, ^Du^ale never told him
any fuch thing 5 Nor did he ever hear ofit^ till the Friday or Saturday
Sir Edmundbury Godfrey was found at Bury-Hili.
Mr. Thilips attefted, That he never heard of it, either by Letter or
Word of Mouthy from Dugdale or any other, till the death of Sir Edmund-
bury Godfrey was pnblickly known. To ballance this Evidence, the Man-
nagert produced thefc Wituefles.
Mr. Anfel dcpolcd, That at the Ale-heu(e, and day abovenamed, he
heard Mr, lyvi'gdaXc mention the death of a fuflice ofTeacej Mr. Sara-
bidge and Mr. Philips being then both in the tlouje, but not in the fame
Room with Anftl, when Dugdale told the News.
Wtlliam Hanfon depofcd 5 That at the time and place aforefaid, he
heard Dugdale lay. There was a JuJiice ofTeace Murdered, that lived
ut Weftminfter 5 And that when Dugdale told this News, Mr. Sam-
bidge, «ad Mr. Thilips were by, and might have heard it, if they
would*
Mr. Birch and Mr. Turton both atteffed , That about the fifteenth or
Jixteenth of the fame Oftober, the news of Sir Edmundbury Godfreys
Death, was fpread about the Countrey, and feemed to take its prB rife
from Ti*al.
UPon thefe fevctal Evidences, the Mannagers tmde thefe Obfervations. Ftrfli Page 17;
Mr. Sambidgt was fomcthingdeaf, and might not here when Dugdale told
him the news of the Death of a Jufticc of Peace. Secondly, Mr. Phillips the
Par/on, being perhaps very Studious in his Employmeni:, might be wanting iii pagei;;
point of Memory. Thirdly, The other WitnelTeS produced in Confirmation of
DugdePs Evidence, make it out, that he did impart the news at the time, plactj
and in the prefcnce of the parties above-mentioned.
TowKichthePapifts anfwer. To the fir (I, If what the^Unnagers allcdge be
true, then is Dugdale here alfo proved Perjured by the Mannagers themfelvcs j
For he exprcfly Swore at the faid Tryal of Sir George tf'akeman. That Mr. Sam-
bidge both heard and anfwered him. Sayi.-j, He heard nothing of the news before.
To the fecond. No honeft man affirms or denies any pad words or adions, but ac-
eording as he remembers; and to pretend want of Memorynn a dircd Evidence^
is the common Road, whereby to evade all humane TeiHmony. To the third.
The other Witnefles on behalfof Dugdale, do in no fort make out the thing for
which they are produced ; For yinjel doth not own, that Philips and Sambidge
were fb much as in the (bme Room with Dugdale, when he mentioned the
deathof a Juftice of I'eace. hanfon indeed ('herein contra'diding Hn[el) tells us
they were in the Room, but could not fay they heard, much leCs anfwered, to
the dilcourfe of Dugdale j which is the chief matter of Peryurj here charged
upon
(54)
iipon him. As for what Mr. Bihh and T»rr«« declared, concerning the Rumour
foon after fprcad of the death of Sir Edmundbkry Godfrey, it nothing at all Encr-
• vates the prefent proof of Periury, feeing it may well be true, there was fuch a
report, and yet falfe, that Dngdale had fuch a difcourfc with Sambidgt and
Philips, as he pofitiyeiy Swears, and they both as pcfitivcly deny. But enough
hath been already faid upon this Subject, where we treated of the Death of Sir
EdmunSttrj Godfrey.
Fifthly, 7)ugdale in an Informatign given upon Odth^ Swore 5 That
frefiktly after one Howard, ^Itnoner to the Queen went beyond the
SAs , he was told by George Hobfbn , then Servant to the Lord Afton,
That there was a Defign intended for the Reformation of the Government
to the Popilh Religion. Now it was owned and acknowledged in
Court, point blank contrary to this Information: That the faid Hob-
fbn was net Servant to the Lord Alton, nor kjtown by Dugdale, three
years after the departure of the faid Altnoner out of England.
Pi'cwg 1 ^^bis proof of DttqdaU'i Perjury the Mannagers made this obfervation,
" Lrl (viz.) That Dugdale's words cited in the Information, are capable of two
fenfes, either they may tmport, Hobfbn told him there was a Defgn ever fnce the
Almoner went away j Or they may import, Hobfon told him prefently after
the Almoner went away, there was a Defign ■, The firft fenfe may refer to the
matter told: The fecond to the time when told.* The words taken in the firft
fenft, argue no contradiftion in Dugdale's Tejlimony.
To which the Papijls anfwcr: The words of the Information taken in their
plain, obvious and connatural fenfe, clearly import j Hobfon related to Dug-
dale, there was a Dejign, which relation Hobfon made to Dugdale prefently after
the time one Howard went beyond the Seas j Nor can any other conftruftion be
put upon the words, without manifeftlywrefting them from their
nification, as every impartial Reader may fee j So that the proof here given of
Dugdales Perjury is unanfwcrable.
DugdaiesSM" " | ''He third main Exception made by ray Lord againft T)ugdales
bornationof Depojttion, was, That he, being conlcious of his ill grounded
hvtdence, had endeavoured to Suborn divers Perlbns, to makp falfe
Oaths 5 That fo he might ftrenghten his own, by others Terjury. To
make good this Exception.
Pagipo.dff- Santftel Holt aTroteJiant, attefted, That Dugdale dejtring to /peak
privately with him, told him, If he would Swear that ^ahevMoovc car-
ryed Mr. Evers away , he would give him Forty Pounds 5 bidding him ~
not be affraid to Swear for fear of my Lord /^flon, for he would hire
him an Horfe to get to London, and place him lb, that where he now
got one Shilling, he (hould then get five.
WiUiath Rohinfon attcOed, That meeting with Dugdale about a
twelve month ago, he the faid Dugdale perceiving Robinjon to be then
Dejedledand Poor5 endeavoured to corrupt him, by giving him a
Treat, andaffuring him, He Jhould not want Money, if he would pleafe
to be ruled by him^ Then he took an Handkerchief out of his Pocket,
wherein there feem'd to be about ten pounds^ and bid him, Jf he wan-
ted, tjk? Money there. And laflly told him, He could jurnijlj him with
Money, and put him in a way to get Money, if he would come in as Evi-
dence againji my Lord Stafford s Which Rebinfon refufed to do, not
knowing my Lord, or any thing of him.
^00
(=5)
John Morral 2i Barber^ gave atteilation in thefe words, Afr. Dug-
" dale, the 6th. of Auguft Uji wa.f twelve mouthy fent for me to the White
^'Horfe in Ridgley^ and there when / came to him^ he told me, I knewas
"much of the Tlotas he: I told him, I was Innocent of the things He
" 6iiJtfre,God dam him,I knew as much as he. Then I told htm,\i he knew
"no more of it then I did, he knew no more then ray Lord Mayors
"great Horfedid. Then he took^me a^deiCom^ (faidhe) you area poor
"Man, and Live poorly,!can put you in a way whereby you may Live
"Gallantly 5 I will ^ivc you Fiftj^ Tomds'm hand, if fo be you will
" againft Mr-James Simmons, Mr. Herbert Jjion,
"and other Gentlemen of the Countrey; that they were at fuch Meet-
" ings, at Mr. Herbert JJlons upon the i onfpiracy of the Tlot.
To take off the Credit of the two firft Witnefles in this matter, (viz.)
Holt and Robimfon ( nothing material being objected againft Morral or
his Evidence,) the Mannager s produced Witnefles to prove they were
Perfbns of evil reputation.
Aga'inn Holt, one Sampfon Rawlins a Tajlof Depofed, that Hokwas
a Drunken lewd Fellow 5 That he heard him lay. There were none but
Rogttes would takp Dugdales paftj That he Jiole Jome Bottles of Wine
out of mj Lord Aftons Teller--i That he called him the faid Rawlins
Rogue, becaule he came up in His Majelties Service, and would have
Murdered him, becaule he took Dugdales part.
Againft Robinfon, the Earl of Macklesjield, and Mr. Booth a Tarlia- Pag.
ment Mdtn^ both Dcpofed, That Robinfon ivas a Terfon of e^il and pro.
phane ConverJatioH, ma^ng a praSice of Cheating at Dice , Cock-fight-
ing, &c. That he owned himjelf, upon Examination, to be a Rogue; Jnd
had no other insployment or Livelihood.
To thefe unqueftionable Evidences againft Robinfon, my Lord re-
ply*d, He knew nothing of Aohin^on before^ and added. It was very ob-
fervable. That Dugdale knowing, it feems his Friend and Comrade Ro-
binfon to be a Cheat, and tlxn in want, thought him a tool ftteif for
his pyrpofe , the moft eafily prevailed upon, and moji proper to make
a Knight of the Toji. So that the two iaft worthy Witnelfcs, did by
their Evidence, rather confirm then leflTen the belief of Dugdales Tarn-
pering with Robinfon herein.
Upon thefe fcvcral Evidences, the Mannagers made thefe Obfervations: Firft,
l( was not Ukelj, that Dugdale a {iranger to Robinfon, jhould attempt to
Suborn him to Swear againft a Perfon he /fwew not, and in a matter whereof he
was wholly Ignorant. Second!}', It doth not appear, that Dugdale had any ill will
to Moore, that fhould induce him to Suborn Holt to Swear againft him. Thirdly,
Both Robinfon and Holt were Infamous Men; the one being a Common Cheat, the
4 Drunken Quarrelfom Fellow, and feeming to favour the ?\otters. Fourthly,
Morral was but a Poor Barber, of no Reputation , and one who might eafily be
brought to fay what he did.
To which the Papifts anfner: Tothe firfl, was no Stranger to
dale . He was ( as the Earl of Macklesfeild and Mr. Booth attefted) every where
about Staffordjhire, remarkably known for Cheating at Dice, Cocf fightings,
Kaces, Src. ( exercifes alio frequent with Dugdale himfeU-,) Nor is it material
that Robinfon kjsew not my Z-otiiStafford, nor any thing of him: It was not Dug-
dale s bufinefs to find out a Man, who to difcharge a good Confcicnce would
Swear what he ; But who to get Money would Swear what he knew not j
For which purpofe Dugdale had good reafon to think Kebinfon a very proper
H In-
(•4)
jnflrumeh. To the Jecond, It is plain matter of Fad, that Vugdale -having
accufed and Imprifoned Moore for carrying away Evers, but not able to prove
it, he would have hired Holt to make out his jalje accufation. To the third,
URobinjon and Holt were Cheats and Rogues^ my Lord well inferred, they were the
more likely to be chofcn by Dugdale for fuch Impioyments as he had for them.
Though for Holt, the greateft offence laid to his Charge feems to be, that he
Qyarrclled with Witneifes, as thinking no honeji Man would take his
fart. To the fourth. Though Morral was Poor, yet it doth not appear but that
he was fo honefi, as not to be Suborned to Perjury by Dugdale j And therefore
his clear and pofitive Evidence in this matter ought to Hand good/ But let it be
granted, what the Mannagers contcitiox, {viz."j Phat becaufe Morral was Poor^
Wolt .^arrelfome, 4«</Robinfon Infamous; none of the[e three Witnejfes ought to
be believed-. What then will become of all the Kings Witnejfes^. (as they term
thum,) What (hall we believe or fay of them ? Are they Perfons of Repute, Ri-
chcs, and Honour? Are they not rather the Scum and Refufe of the Nation?
Why muft credit be denyed to Beggers or Knaves, when they accufe their .Coe-
quals in probable matters ? without hopes of Gain ? And yet the fame credit be
allowed to the like Beggars and Knaves, when they Swear againft Perfons of Ho-
nour. Moral impolTibilities and contradidions upon large hopes and promifcs of
reward ? This the Fapifls take to be hard mcaftire.
TO Counterpoife in fome (brt this charge of Subornatim laid to'
Tfugdale. The Mannagers alledged the like proceedings on
my Lords lide: To prove which,
Thomas Launder depoftd. That my Lord Aftons Friends had Sum-
moned him up to my Lord Aftons Tryal, to give Evidence againji Adfcl
and Dugdale j and that he was to have an Horfi to ride on, and Money
in his Tock^t-
Simon Wright, Barber to Dugdale, depofed, That Mr. PleiBngton fold
him. If he could find a way to take Dugdalc's Evidence, or Deliroy him,
he Jhouid have feven hundred pounds. And that the laid Tlefjington
and others, would have had him Swear point blank, Dugdale
would have hired him to give Evidence agalnji Mrs. Price ^ and Mr.
Tas borough.
My Lord at once to confound this man, by his own TeLHmony, and
further to deteft the SuhoxnaxAon Dugdale alfo in this matter 5 pro-
duced a Letter or Paper, Writ and Signed by Wright himfelf to Sir
'fames Simmons'. In thefe words, "/ can, J blefe God, withafafe con-
'"'"Jcience declare, upon Oath-, That Mr. Dugdale hath beenuskjnd tome,
y-i^ taking his opportunity of my povertyBy reafon of a private meeting
" of us two by his appointment, He did at that time proffer. If I would
Swear againfl You, and Mr. Cerrard, he would TroteS me as one of the
" Kings Evidence , and I (hould not want Money. Jlnd in the HaB af
" Weftrainfter, he faid, if I did difcover it that day at Mrs. Price j Tryaly
he would fet me in the Pillory. This I have owned to his Face, and
'''"fjail not go back^from this, and more, for fear, aer favour. So I reft
as you Jljall find by your Servant: Simon Wright. This Letter
acknowledged to be his own Hand word for word. But (aid, Tlef-
fngton and others had perfwaded him to Write ir« Thus the Man
ing and Vnfwearing contradictions againft himfcir^ My Lord only reply'd.
See what you have under his own hand, I have no more to fay to him.
UPon this divcrfuy of Evidence, the M annagers made this Obfervation, (viz..')
That the Attempts made to Suborn Launder Wright, Were manifeji Signs
my Lords Agents endeavoured by Sintfier ways to vindicate his Caufe.
To
, (27) ■; ^ !• .
To vthicb the Puffijis duftver. It is not conceivable how the Evidence given by
Launder and Wright can draw the leaft fufpifion of Subornation an my Lord or
his Friends; For the Propofal made to Launder was by my Lord Aftens Friends,
and in behalf of my Lord udfioHi and not of my Lord Stu^ord: Bcfidcs the
words undcrftood with that Candor and Sincerity they feem to have been
fpoken by my Lord uifton's Friends, import no more then this. That if Launder
would like an Honeft man, give True Teftimony of what he knew againft ^nfel
and Dugdalcy at my Lord intended Tryal at London-, hisneocflary Ex-
pences tnould be born, and the convenience of an Horfe provided for his Jour-
Bcy thither. Where's the Subornation here ? As for IVright indeed, he is a per-
fon of that worth, and hath given fo clear proofs, both of his owd
un'ftiaken Integrity, and Dugdale's Innocence j that he hath highly deferved the
Title, Credit, Dignity, and other the Emoluments of an Aflociateto the King't
Evidence. In fine, he hath faid fo much both for himfeif and Vugdale, the papiflt
know not what, or how to fay more.
THe lart great Exception made by my Lord againft Dttgdale's Depo- Ougdaie
fition was.*That!/)»^<^4/eSworeinthis very Tryal, xheJefHttshzd
Entrufted him with all their Letters, that there came to his Hands whole ring.'
Packets to and from levaral perlbns, in Icveral places, all containing Page zz.
moft Damnable Trealbn 5 many of which, he faid, he opened, read
and knew the Contents: Yet though the prelerving two or three 5
nay, even one fingle Letter, under the Authors hand, might have been
(b highly advantageous to the proving the Truth, both of his own Evi-
dence, and the whole Plot in general; Neverthelefs he could not
produce one Scrip or Line to back his Affertion, or clear himlelf from
the Forgeries laid to his charge.
To obviate this Exception 5 the Mannagen brought in two Sifters,
Elizabeth and Aftue Elder : Thefe Sifters Depoled, That Dugdale
coming one day to their Houfe with feveral Bundles of Papers in his
Pockets and Breeches, defired them to Burn them 5 faying, the Times
were troublefome, artd he being to Travel to divers places, if he were
taken people would think him a Plotter, having all thofe Papers about
him: That hereupon Elizabeth Burnt all the Papers, except one Book,
concerning which asked whether or no that alfb fhould
be Burnt ? He anfwered no. lay that by, it may do good (even years
hence 5 Thereis naTreafoninit. Elizabeth d. Is there any thing
ofTreafbn in the others? He (aid, Do you think, there is .<? Elizabeth fur-
thcr Depofed , She did fee Mr. ©at^d^/etakca GlafsofSider, and hear
him lay, and WiJ!) it might be his Eiamnation'-) and he might Sink,
the place where hefiood, if he k»ew any thing of theTlot.
9
FRom the Teftimony of thefe two Sifters, the Managers drew theft Inferences.
Firfl Dugdale'/ Fears and .rdpprehenfions in Burning fo many Bundles of Paper St
denote there were matters contained in them, which if known, would have Dtfeovered
the Plot'. Secondly, When the .^eflion was propofed to Dugdale, whether his Little
Baekjhould be Burnt orno : He anfweredNo, There wasnoTreafoninitj which
jimbiguous manner of Exprejfion, argues fherewasfomethingof Treafonin the other
Bundles.
Towhich the Papifts anfwer. To the firft, it is not Credible ; that Dugdale as
yet aCatholick fhould bring to an Alehoufe, and deliver to two Women, in
the very heat of the Difcovcry of the Plot, his Pockets and Breeches full of Pa-
pers, containing High Treafon: Surely he might with rriore Secrecy and Safety,
have Burnt them in his Chamber. But in fhort, if what the Wcmen Atteft be
True J
68 J)
True; itisveryeafietolearnfromthevery words of thereafon
why hebrought, and caufed to be Burnt thole ufclefs Writing?, (viz,.) Not be-
caufe there was any in them, butbecaufe the Times, (as he faid) being
Troublefome, fuch Bundlesef Papers found about a Travelling Papifi, though
never fo Innocent, would afford matter of Search, and Sufpition of his being a
Blotter. To the feeond. Why (hould we amu'e our felves or others with extorted
Inferences drawn from AmbiguousExpreffions here; none Purely knows Dug-
dale's mind better then Dugdale himfelf j wc have his words Atteffed by this very
Witncfs, to declare his meaning, let him tell us in plain Englijh\i\% own Senti-
ment in this Affair. Ixvijh (faith he) this may be my Damnation, and that I may
Jinhin the place where J (land, iff know any thing of the Blot, Now lef the World
^dgc oiDugdale and his meaning.
Titus Oates'5 Depofttion a^ainfl 7ny Lord.
Page45, (^c. ^ I 'He next; Witnels that gave Evidence to the Impeachment againft
. 1 my Lord, was Titus Oates, who Swore, That in the year (77.)
wuilft he remained in and at 0/»erj, he (aw (everal Letters
Sagntd Stafford, wherein my Lord affured the Jefuits of his Fidelity
and Zeal, in promoting the CatholickJDefigu. That in the year (78.) ^
The (aid Oates being then in London, my Lord came to the Chamber of
one lenwick.^ Jefuit now Executed, and there received a Commifflon
from him in O^rt/s prefence, to be Vay-Majier-General to the Army;
That upon a Difcourfe with the (aid Fenwic^, my Lord (aid, he was
of necefiity to go down into the Country to take account how Affairs
♦ flood there: And did not doubt,but at his return Groves (houid do the
bulincs And further added, (peaking of the King 5 Be hath deceived
Us a great while, and we can hear no longer.
My Lords Exceptions.
AGainft thefe Tlepojitions, my Lord made thc(e feveral Exceptions.
The firft was grounded thus 5 It was not to be imagin'd, that (b
many and great Conlpirators, fo well provided with Moneys, and
Preferments, as Oates pretends 5 all engaged in a Defign (b danger-
cus, fo important to them to be kept Secret, would or durft permit
DodorO-^/e/ their Cabinet Councellour, and Main Engine, to be re-
duced to fuch an Extremity of Want and Tenury, that he had not
Bread to put in his mouth. Yet my Lord was ready to prove in open
Court, that at the very nick" of time, when this Oates would have men
believe, he was raoft Entruftedand Employed in carrying on the Con-
Page7i8,dr-f. (piracy, jufl then he was in(b Poor and Defpicable a condition, (b
forfaken and contemned by all, for his Debauched Life 5 that he
Begged at Doors for Six-pence.
To this Dodor Oates himfelf anfwered, he would fave my Lord the
Pageigo.d-f. of proving any fuch thing ^ faying, a mans Toverty was no
objedlion againft his Honejiy ; and as he had not Six-pence in his
Pocket when he began the Difcovery, fo hath he often wanted Two'
pf»cefince the fame Di(covery having Expended feveral hundreds of
Toundsnn His Ma jefties Service, more then he had received ; Toprove
ibis he made a Calculation of Sums given him by Great Terfons, Sums
allowed for t^kin^ofyefuits, and Sums gained by printing of Narra-
fives, of all which he faid, he had nothing left.
Upon
r.
(^?) i
Upon this Argument of my Lord's drawn from Beggcry &c. The Mam-
gers made noObfervadons. Why they did not, is a Qncftion j fomc fay bcr
caufc the DoQor hlmfelf undertook to anfwer it : Others affirm, becaMfe they
knew the more they ftirred in it, the woffeit would be s and fo thought beft to
bury it in Silence and Oblivion.
To the afifwer therefore given by Do^or Oates ; theTapifls reply, Poverty is an
Objection againft HoneHy in a perfon addidled fas Oates was) to Idlenefs, Vice,
and Debauchery : 'And though a man may be Poor and Honeft too, yet the fame
man at the fame time , and in the fame Circumflances Oates pretends to have
been in, could never be Poor and a Plotter too: Could he be Privy to all the
Grand Commijfions ? Could he be imployed in all thedeepand Damnable Confuhs ?
Could he have at his mercy the Lives and Fortunes of all the Chief Confpiratan ?
Men Stocked with Banks of Money, fufficient (if vvc will believe him) to raife
Armies, and provide fortwb hundred thoufand Soldiers ? Could this man 'ne-
vext\\e\e^sStarve in a manner for Bread? Could he Beg for an Aims at the Pa-
pifts Doors? Could he be rejected and contemned as an Idle Vagabond, by the
very perfons who thus had put their Lives into his Hand ? This is fuch a Paradox,
as none in their Senfes will ever believe. But the moft pleafant pafTage (if there
could be any pleafure in Bloody Perjury) is his Miraculous way of fpend'm^great
Sums out of nothing-An His Majcfties Service: He confefTeth he had not Six-pence
at the breaking forth of the Plot j yet he Swears he is feveral hundreds of
Pounds worfe fincc the Difcovery of it. How came he then by all this Money ?
Why, he got it by way of Prefents from fomegreat Perfons, by taking of fefuits,
and Printing of Narratives-. But did not all thefe Gains accrue unto him on the
account of the Plot ? On what other fcore were thefe Prefents made by Creat^
Perfons ? Had he any other Trade or Livclyhood then thdt of the Kings Evidence \
Is it not toomanifeftthofeCuiftswere beftowedon him as a Reward of Pafb,
and Encouragement of Future Swearing? Would to God fuch great Perfons
would duly confider the JDifmal Confequences which necelTarily follow- fuch
Rewards:
THe fecond Exception made by my Lord againft Oates\ Evidence, page
was 3 That the faid Oates had Terjured himfelfin two Depojitions,
dire&ly contradi^ory to each other : For proof of this, my Lord appeal-
ed to divers of the Lords themfelves, who were prefent at both the
faid DepOj^tionsj amongft whom the Earl o^Berc^ley being required
to (peak what he knew: Attefted, ' That my Lord Chancellonr cfid ask
' Doftor Oates at the Bar of the Houfe this (^eftion, (viz,.) My Lords
* defireto know if you can accufe any other perfon or perfons of what
* quality foever .<? And you are encouraged by their Lordftiips to Ac-
' cu(e them. Oates his anfwer was, my Lords, I have no more to Ac-
cufe in Relation to England: Notwithftanding which Depofition, he
afterwards in another (with unfpeakable Infolence) exprcfly Acculed
the Queen in a matter (as he thought) of no left then Eigh Treafon,
PromBencemy Loi^ concluded, if the frji Depoftion was true, Oates
was Perjured in the Latter : If the was true, he was Perjur'd in
the Firfi--, (b that which of the two (bever is True or Falle, he is
guilty o^Terjury,
1 'I Pen this Proof, the Managers made thefe Obfcrvations. Firfi Dodor Gates pagj
Ld. having faid much, and having many things in his Head,, could peradventure
not remember on a fudden this particular of the Qyeen. Secondly, The Evidence
which DoBer Oattsgave afterwards of the Queen W4jf notpofitive ^ nor of his own
knowledge, but words which ht_ heardfpoktn m a Room/w vghieh he Was not himfelf;
I ~ - --
(7.
.. (30)
lat coming in afterwards, he (aw the Queen there. Ihirdlj, It might not he fo clear
to DoHor Oites whether the Q^ecnwasaPerfon capable of an Aceufation, fo as to
be trjedfor Treafon.
To which the Papifis atifwer. To the firft, 'Tis an evafion contracidtory to com-
mon Senfe •, that a man whofe Bufinefs and Study it was to Difcover a Plot
againfi the Life of the King, and who by feveral long premeditated Depofuions,
had ras he faid) difcharged himfelf of all he knew, (hould notwithftanding
all this while never remember the moft EflTential part, (viz..) The Inhumane
Murder of the King, Deftgned andConfentedto by his own Royal Confort. To the
fecond, Oates Depofited upon Oath he heard fuch words, and circumftanced
them with fuch particulars of Time and Place, as plainly denote he intended a
full and home Accufation againft the .^een. And granted, his Evidence was.
not pofitive, yet the matter was of fuch dangerous confequcnce, as ought not
to be concealed, efpecially, at a time when he was upon his Oath, to fpeak all
> he knew, and when he pretended by Difcoveries to irave the Ltfe of the King;
To the Third, Though Obiter left himfelf to be very Stupid, yet he could not be
fo ignorant as not- to know, that a J^een defigning to Murder the King her Huf-
band, is guilty of ; and whether She was lyable to a or no. Oates
was guilty of Perjury ; In that being Commanded and Encouraged by the Lords
to makeanentire Difcovery of all he knew againft any P^r/o» of what Degree
pr .^altty foever-, he exprefly Swore, Be had no more to Accu/e in England. In-
deed the Tranfccndcnt Luftre of the Queens Virtue, Innocence and Endeared
>*• AffeElion to His Majejly, leaves no place for Calumny to fix upon : And the bare
Charge oi fo foul a Crime, upon fo Renowned a Goodnefs, is of it felf Indepen-
dent of other Contradiftions, a more then Cu^cientConvifiionof Oates'r Perjury*
THe third Exception made by my Lord againft Oates's Evidence
was 5 That though Oates in his feveral depofuions ( particularly
Page 102. thole taken before the Ccuncel, and Houfeof Lords) did often
affirm he had given an entire and Faithful account, to the beft of his re-
membrance, Of all whatfoever he kgtevp, as to the matterS'^and ptrfoits con-
cerned in the Tlot .• And though he had then alfo time ahd opportunity
to refleftand deliberate upon what might any wife relate to my Lord
Stafford in tbdt affair 5 yet he never accufed him of any other thing,
then only, That he had feen beyond the Seas fame Letters SignedStaSoxd,
wherein the Writer had teftifyed his zeal for the Catholick Defign :
But when afterwards confulling with himfelf, and poftibly with Ibme
others, he found this flamm of his would not amount to any thing
material whereon to ground an Impeachment, he Invented and Im-
pofedupon my Lord a Commifflon ofPay-MaJier-General to the Armyt^
a device he never once thought on before. From which proceeding
my Lord axp)XQ.d 5 If there were fuch a Commiffion, received by my
Lord at Fenivickfs Chamber, in fuch a manner as Oates relates 5 this
Commiffion being a matter of fb grand Importance, and the Delivery
of it accompanied with fb many remarkable circufiftances in the very
prefence of Oates. It is impoflible that the (aid Oates, who (as he faith)
Pageij- onpurpofefor Difcovery, had taken Notes and Memorials, even of
Trivial Occurrences, fbould forget, and by confeqence omit a thing
of this high concern in his former depojitions. But if there were no
i'age I z6. fuch Commijfton, (as Moft affuredly there was none) then is Oates Per-
!' jurcd in his prefent Evidence: And verily (added my Lord) if it be
permitted to this man dayly to frame Nem Accufations ^ If eafie credit
be given to all his Fables, and whatfoever he fball from time to time
Invent, xxiay ipafs ^oxgood Evidence ^ Who canbe fecure ? At this rate,
he may by decgrees Impeach the whole Nation, for Crimes which nei-
ther he, nor a»y man elfe ever yet dream'd 5n. Upon
X
(?'>
f
Upon thefe Arguments and Inferences made by my Lordj the Mannagtrt
would not; and the Papifls fay, They need not make mj remnrht. .
THe fourth Exception made by my Lord againfl: Oates his Evi-^po-
dence, was ; Chat whereas / now declares, He never ivas re-
aliy it Roman Catholick, hut only Feigned himfelfto he Jo j My Lord
ohen and ftrongly infifted, That a Ttotejiant of the Church of EngUncC Page 113.
who convinced in his Judgment of the 'iruth of his Religion, fhall ne-
verthelefSjOn what Frovohp^GodJelye hisownCenfcience,
and violate all Sacred things So as to make a folemn Ahremmtiation of >
his faith and Church. To profels himfelf a Roman Catholick^, to live
amongrt them, to praUice Religious duties with them, for three years
together 3 and this to fuch an height of Sacriledge, as frequently to re-
ceive the Sacrament, and perform daily external'^ tfrj^/^ 3 to it, ("which
in the Judgment both of 'Trotejiants and Catholicks to him, Co be-
lieving dired", and grois Idolatry) cannot rationally be fuppofcd to
ftick at Ferjury, when Advantageous to him 3 And, ought not by
the Law of ijod or Alan, to be credited or admitted for an Evidence
againh any one3 But rather detejied and abhorred, by all good Men,
as undelerving the name of a Chrijiian.
UPon this prefling Inference the Mannagers made this following Obfervation :
Suppofe Dr. Oates did out of Levity, or for want of being well grounded in his
oww, turn to another Religion. It is hard. That the matter of changing his Re-
ligion, when nothing elfe ts laid to his charge, /hould difparage his Tejlimony, fee-
ing many who have changed Religion more thenonce (Example Mr. Chilling-
worth) are yet efeemed credible Perfons.
To which the Papifts anfwer: To change from a to a right Religion, is
no difparagement; but Troteflants will hardly allow Oate't firft pretended change
to be fuch. However my Lord tnfifted not upon the changing but the feigning
Religion. Oates did not out of Levity ox ConviClion oi Judgment (as Mr. Chil-
lingworth ) turn from his own to another Religion, but remaining interiourly of the
fame belief, he exterioufly renounced what he fo believed , and Sacrilegioujly
pradifed the direft contrary , than which nothing can be more deteftable. Nay
he affirmeth, he often received the Socxzvnent. and took.^ dreadful Oaths of Se-
crecy in purfuance of mojl Bloody and Hellijh Dcfigns. If this be true, what
credit can be given to a Monfier accuftomed and injured ( by his own cofeflion )
to fuch damnable Oaths. But if it be falfe (as indeed it is ) then is he Perjured
in his Evidence,
Edward Turbervirr Depojttion agamjl my Lord.
THe lafl: Witnefs that gave direft Evidence to my Lord's Impeach- —
mentjWas Edveard Turbervifviho Swore, That in the year (75.)
he was perfwaded by his Friends, to take upon him the habit at
Edoways That being weary of that ftate, he left it, and came into E-.ng-
land, for which he incurred the difpleahire of his Friends, and Rclati-
ens, who (he faidJ difcountenaaced him, and could not endure to fee
him 3 That hereupon he went into France, and Arrived at Taris,
and became acquainted with the now Prifbner, ray Lord Stafford,
by means of vwo Triejls, Father Nelfon, and Father Turhervilj That
after a fortnights acquaintance, and promife of Secrecy, my Lord pro-
pofed unto him a way, whereby as belaid, he might not only retrieve
( 3i)
his credit with his ELelations, but alfo make himfelf an happy Man ^
which way, at laftmy Z,Wtold himin dircft terms, To take away
< the life of the King of England, who was an Heretick-, and confequently
a Rebel againji God jllmighty 5 For circumftantial inlbnces of this,
Turbervil Swore, That he had, during that fortnights acquaintance,- fre-
quent accefs to my Lord at his Lodgings, That when he took leave of
him to come for England, his Lordlhip was troubled with the Gout,
and had his Foot on a Stool j That my Lord had appointed him to wait
for hira atDiepe in order to his coming over with him in a Yacht; That
accordingly Turbervil went to T)iepe, but that being there, my Lord
writ him word, he had altered his refolntion, and would take his Journey
hy the way of CaUue, and that he (hould haften to attend his Lordlhip
at London j That hereupon he came into England, but foon after re-
turned again into France , becaufe not being willing to undertake
ray Lord's propofals, he was difcountenanced by his Friends, redu-
ced to poverty. And thought himfelf not fafe even amongfthisown
Relations.
t *
My Lord's Exceptions.
TurbaviPsVcr- ■ 'o this dcpofition my Lord pleaded in his defence. That Turbervil
pari'cutoT" A Terjured himlelf in feveral parts of this, and other his De-
politions.
Firff, Turbervil here Swears my Lord made a Propoial to him in di-
rede terms. To take away the Life of the King. Now my Lord proved 5
That fince the difcoveryof the Plot, The faid did abfblutely
Forfwear any knowledge he ever had of any defgn, or any Tlot what-
fbever igainft the Kings ^erfon, Life or Government, The Witneffes
I were thefe.
pags 120 &c. John Sorter, a Trotejlant, attefted. That Turbervil told him feveral
times, He did verily believe, neither the Lord Towis, nor the reft of
the Lords were in the Tlot ; And the Witneffes that Swore againfl
them, he believed were all Terjured, and could not believe any thing
of it. Torter Anfwered, If there was fuch a thing. He (Turbervil,)
having been beyond Seas, rauft certainly know of it; Turbervil reply *d,
Jls he hoped for Salvation, ho kl^ew nothing of it, neither direHly nor in-
dire^ly, againji the Kings Sacred Terfon, nor Subverflon of the Govern-
nient. And he further added, Although I am a little low at prefent,
and my Friends will not look, npon me, yet I hope God Almighty will never
leave me Jb much, as to let me Swear againji Innocent Terfons, and For-
fwear and T)amn my felf
P2g jj2 2» Lalden a Trotejiant and Barrijiet at Law^ attefted, That he
heard Turbervil fay, in an heat, thefe words, (viz,l) God damn me, now
there is no Trade good, but that of a Dijcoverer^ But the TIevtl tak$
the Duke of York, Monmouth , Plot and all, for I know nothing
of it.
fag. Xo Confront thefe Teftimonies, the Mannagers produced one Mr.
Towel and Mr. Arnold, who depoffed, That Turbervil told them. He
had much to fay in relation to the Plot, but did not name any par-
ticulars, fearing (he faid J he might be dilcouraged in it.
i Upon
(33)
L'l Pon thefe Tcftimonies of Mr. Porter and Mr. Talden, The Mdmagers made
J. thefe Obftrvations, Firft, It is not probable, that Turbervi! depgning to be a
Ulicovcrcr, fhould difable himfelf ever to be fo , by Swearing Horrid Oaths, he
knew nothing of the Plot. Secondly, The Tefiimony of 1 ortcr and Yaldcn are op-
pofed by the contrary Teflimony of Powcl and Arnold,
To which the Papifts an/wer: To the firfl ^ It is not improbable, but very
likely, that Tstrbervil as yet not fully refolvcd, to make Shipwrack of his
Confcience and Honefty , did often protefl. He k.ntw nothing of the Plot-, And
if the pofitive atteftatio?i of two credible Witnelies may be admitted for
good Evidence; It is not bare probability, but juft and iblid proof that he
did fo} Andby conftquencc, his prefcnt Difcoveries ought not to be regarded,
otherwife then as the new and gainful Inventions of a Perjured Man. To the
Jecond, The Teftimony of Powel, and Arnold hath no manner of weight againft
my Aor/j Evidence,but rather complcats the charge of Perjury Turbemil.
For it is granted, that TurbervU hath faid and Swore, both to Powel, Arnold,
and the whole Houfe of Parliament, He knew much of the Plot. Bu . this being
dircftly contradid;ory to the dreadful Oaths here attefted by Porter znd Talden,
and no wife denyed by Powel and Arnold-, It followeth by the Teftimony of ail
the four VVitnelTes, that TurbervU is guilty of Perjury.
SEcondly, TurbervU Swears; That duringthe Fortnights acquiintance
with nty Lord at Paris, he had, by means oj tiie frequent accefs
to him, at his Lodgings there^ Now my Lords Gentleman and Page,
who both then contfantly waited on him, attefred. They never once jaw
Turbervil5 And 7//r^t;rz//7 himlelf acknowledged in Court, Ife
latere them not. '
To qualify this Fvidence, Thorn.is Mort called, whodepoled^
^'■That he being at and dejtrous to return into England- Turbervil
told him, his Brother the Monk, had introduced him into the favour of a
*'Lord,. by which means th^y mii^ht both of them have the convenience of
pajftige in a Yacht, which Jiaidjor my f ord at Diep. That hereupon they
*'xfew# /<? Diep, but finding no \eicht there, TurbttvW told him. If they
" went to Calls, they might go over with my Lord from thence in the Yacht.
At laft they light on a Fifher-Boat atTiep, and lb came over in it, But
that this forementioned Lord was my Lord Stafford, or that he ever faw
Turbervil'in my Lord's Lodgings, or Company at Taris, or elfe-wheie,
he could not fay. ^
UPon thefe Tefti'morries, the Mannagcrs made this Obfervation : The
Priefts had fuch a tranfcendent Influence over my Lord , as might gain admit-
tance for any whom they pleafed, not only into my Lord's Houfe, but alfo into my
Lord's Heart, without the privity or knowledge of his Servants. Now it plainly ap-
pears by the atteflation of Mort, that Turbervil, through his Brother f/'e Monk's
means, was become my Lord's Favourite.
To which the?ap\^sanfver: It is not proved, either that the Priejls ha.a fuch
a Tranfcendent Influence over my l.ord's Houfe and Heart, or that Turbervil
through their means, became a Favourite ? Mart indeed tells us, TurbervU told
him, His ^Brother the Monk had Introduced him into the favour of <iLoid j And
this Favour only, to corner over with htm in a Yacht. For the Truth of which alfo
he had only Turbervil'% word, and the thing it fclf never performed. Muft we
from hence infer, mj Lord had given bis Heart to the Priefls, and they had Intro-
dnced TurbervU into it? A ftrange Inference: But let it be granted, my Lord
had a real Friendfhip and Kindnefs for the Monky, what then ? How is it proved,
they imployed their Intercft with him, in Trayterous Defigns'i Why ? TurbervU
Swears it. Thus one forgery is made ufe of to fupport another, and nothing
K but
(34)
but prooflefs Fiftions to make all out: Yet to come more clofe to the prefent
Evidence. Had the Fnelis Introduced Turbervil into my Lords acquaintance and
favour; this could not'be done Invifibly to the Servants j Tome body muft needs
fee and know, when they came in and out; My Lord was then in Lodgings,
and had none but two Servants about him; never pretends either the
Friefis, or he, made a fccret of their vifits; Their acceffes to my Lord (he faith)
were very frequent, as the nature of the bufmefs, and pretended intimacy with
my Lord, feem'd to require. The Condition of Turhrvtl was alfo fuch, as might
well render him defirous of the Servants acquaintance and Friendftiip; efpcciallf
being then (as he faid) immediarly to go over in the Tach with them, and to
continue employed in my Lords Deftgns and Service at London' Now that a
Man in thefe Circumftaces, fliould not know thefe Servants, nor be known, or
fo much as once feen by them; is Morally impolTible.
IHirdly Turbtrvil Swears, That when he took leave of my Lord at
I aris^ to come tor England, his Lordtnip was troubled with
out in his foot. Now my Lord protefted in the prelence of all
that knew him, henever had the Gout in all his Lile j His Servants alio
who then lived wiili him, (^7z.. Mr. fnrnefs and Mr. Leigh) gave at-
teftation, they never knew him fubjed to that Infirmity, only feverai
years fince, he had been troubled Vv'ith the Sciatica, which my Lord
confetled, and the Earl of Stamford teftifiedj made him fometimes
formerly Cthough never at Earis) walk with a Staff
U on thefe Teftimonics, the Mmnagen made no Obfervations. But the
Papifis Avouch, here is alfo dired Perjury proved upon Lurbervil, by two
Credible Witneffes. And though the fubjed of the Perjury feems not to be
mattcrial to the main Accufation, yet he that fliall wilfully Perjure himfelf in
any onfe Circumftancc, ought not to be credited in the whole; Seeing Nature
it iblf, abhors the Teftimony of a Man, who hath once Invoked uilmighty God
to bear Witnefs to a Lye.
Fourthly Tmbervtl Swears, That after his refufing to be a Fryer, he was
difcountenanced by the Lord Powis, and others of his friends and
delations, fo that he durji not appear amongji them. Now my Lord
proved, by feverai Witnefl'es. fhat after his return from the (aid
' Fryers, he was civilly treated, and charitably entertained, by his faid
Friends and Relations. To make this good,
fohm Minekead attefted, That Turbervi! after his comingfrom Do way,
lay in the 1 ovfc of the Earl of Powis, his former Elafier, and was cour-
teoujly entertained, both by my Lord, and the whole family.
fohnTurbtrvil, Brother to the Deponent, attefied, ffe never knew
that any of his I\ elations gave him an Angry word ; but on the contrary,
■when he went to Paris, hts Stjier bcjiowed on him Seven Founds to bear
his Charges 3 Upon which he (aid, Ee would never trouble them more'
t
UPon thefe Teftimonics, the Mmnagers made thefe Obftrvations, firfli Though
Turbcrvil might per adventure (^as Minehcad attefis) be civily Treated by my
Lord Powis in pubhck^, yet what Reproaches or unkind words might pafs between my
Lord and kirn in private, Minchead might not hear. Secondly, It was no great
Kindnefs m Ttirbervirj P'.elations, to give him Seven Pounds (as his Brother attefis)
never to fee him more They rather purchafed his abfence, then did him a Kindnejs
by fuch a Favour.
To which the Papifis anfwer: To the firfi, Groundlcfs Surmifes of private un^
kindncffcs, which none ever yet came to the knowledge of, nor TurbervUhsm ''
leif
(33)
felf fo much as pretends, Is a ftrangc way of clearing a Man in open Court
from the guilt of Perjury •, To frame and fancy things that pcHihlv might he,
and draw prejudicial Inferences from thence, as if rhcy aftually had been, is
linjuft proceeding. To the fecond, Turhervtl (as his Brother attefis, never had
one angry word from his Relations; and when his Sifter gave him Seven
pounds, it was not to purchafe his abfeoce, nor did they turn him away. But
hehimfelf, alhamed it fcems of his paft mifdemeanours, and confounded at the
goodncfs of his Friends. Said, He would n^ver trouble them more.
Fifthly, Tttrbcrvil in his Information given to the Houfe of Commons
Swore : That he came to L iie with the I ord Powit, in the year (7 ^.)
and cante into England theyear (76.) But the ^ex^day after he had
given in this Information, he altered the aforenamed Dates^ and in-
Read of (73.) caufed to be infer ted (72,) Ard inltead of (76.) caufed
to be Inferred (75 ) which Alteration, my Lord afhrmed, included
Perjury.
UPon this proof the Managers made this Obfervation : yin Plonefl mm m.tj
mtjialie astofointof time in an Ezidcnce given even upon Oath : to
JieUifjr fuch a mijiake the very next day after it was committed, denotes rather Ten-
derntls of Confcience then Perjury inTmbtxvW.
To which the VAiiiHsanfwer. NoHoncftman will pofitively S\vf ar to what he
knows nor : And it is argued, Turbervil when he gave in his Information, cer-
tainly knew whether the matters and circumftances he then Swore to, were
True, oxi alje, ox Dubicus'. Ifthefirft, he is Perjured in the ^Iteration ■, If the
fecopdjhc is er jured in the Information; If the third,lie is not a pei fan of Hnnefty
and Credit, who will poHtivcIy Swear without Hefitation to a thing of which
he is ignnxant whether True or Pa/fe I And therefore the Alteration made upon
fecond Thoughts, cannot in fuch a Cafe be juftly imputed to T^W^rM^/ro/Cow-
fcience, but to fome, not befote conceived Apprehenfions, of being taken Tardy
in a Lye.
Sixthly, Turbervil in the Information given to the faid floule of
Commons, and Exhibited in Court, Peremptorily Swore; That
my Lord came over out of/rj»ee in the Company of Count
by the oi Calais. In direct oppofition to this Inforraatkrn, my
Lord proved, that he'neither came out of Trance in the Company of
Count Gramount, nor by the way of Calais ^ but by the way of Deep,
a Month after Count Gramount was in England.
The VVitnefTes who gave Atteffation of this, were r\/Ir, Jfyborne,
who went over from England toDeep in the fame Yacht which fetched
my Lord 5 and Mr. r«wey}and ray Lords Servants, who
came with my Lord in the faid Yacht from T)eep to England.
UPon thefe Proofs of Per jury, the Hdanagers made this Obfervation. When
Mr. Turbervil Depofed, My Lord came over bj the way of Calais in the Com-
pany of Count Gramount j it could not be his Iraention to fay this as a matter of his
own knowledge, feeing he himfelf in the fame ../Iff davit tells us. He came away be-
fore my Lord, and had not his paffage with him : But the words Candidly taken,
are to be underflood , That he was informed, my Lord came over by the way of Calais
in the Company of Count Gramount: ATjiv that Turbervil was thus informed, it
evident, aswellby the Letter which ( he faith j he receiveaat Det[>from my Lord,
as alfo by the aforementioned Atteflation of Mort, whofayeth. That being at
Turbervil told him, if they went to Calais, they might go over with my Lord in the
Tacht-, fo that in the whole, A/r. Turbervil wa:/ be fata to have been peradventnre
famejhing umary in exprefftng himfelf, but^ not Ptrjured in his Evidence,
" ■ Tts
(30
To which the anfwer : Toexcufe a man from Pejury, by pretending an
occult meaning and intention in the Swearer, npt cxprefled in the words of
his Oath, is fuchanEvafion, as if admitted, would deftroy the Integrity of
an Oath, and elude all proof of Perjury whatfoever: TurhervU Sweats m down
right terms, my Lord came over by the way of Calais in the Company of
CountCramount, without any addition Ac In which Oath
he is diredlly Perjured ; for he Swears as an abfolutc Truth, and without Re-
ftridion, what of it Iblf is an abfoluce Lye, and what at beft he could but
Guefs at, by report and hera-fay. It is true indeed, he contradicts himtelf in
the fequel of his Information, by faying He came away before my Lord^ and had
not his Fajfage with htm but it is connatural to Perjury, to include Contradictions;
Wicked Men are often blinded wirh Malice, Faffion, orlntereft; And no won-
der to find Incoherence of pajts, in a Story divefted of Truth. The only thing
can be collected of Probability in this whole matter is,That Tmbervil being at
ris, in an Indigent condition, and dcfirous to return home, got imperfeCt In-
telligence that an EngUJh Lord (whofe name as yet he knew not) and a French
Count called Gramount, had a Yacht waited for them atDiep. And having alfo
a Brother then in Paris, he ibughtbyhis means to,gain admittance for a Paf-
fagc in the faid Yacht. This defign of his he imparts to Afort, a Ferfon in the
fame condition, and who had the fame purpofe with himfelf. Hereupon Aitrrt
and he go to Dtep in hopes to find the Yacht there, but they fail'd of their ex-
peCtation, and TurbervU miffing the Yacht, would have ytetiwaded Afort to go
in the fearch of it to Calais ■, Whilft they were in this debate, they lighted on a
Fifher-Boat, and fo came over in it into E»^/W. Thus much maybe conjeClu-
red from the Relation of Mort, But that Turbervil during his flay at Diep, recei-
ved a Letter from my Lord, intimating his intention of coming fox England, by
the way of Calais, and that he fhould halten to meet him at London, is a moft
palpable Forgery; For neither could lurbervil, when required, produce any
fuch Letter, nor did my Lord come over by the way ofCalais^as Turbervil would
have us believe that Letter Imported. And indeed who can imagine, my Lord
(hould fend word to his new Confederate at Diep, to haften to meet him at
London, when he himfelf remained at Pans, ( as hath been proved ) above a
month after: and at length alfo came not to Calais, but to Diep and from thence
home, fo that here is nothing but contradiClions in the whole courl'e ot Turber-
vil's Evidence.
OEventhly, Turbervil io the laft mentioned Information pofitively
Swore : That the Lord Lajtlemain was pielent at certain Traite-
rous Confultsat '1 oivis-i aflle, leverai times within the years (72, ) or
(73 ) Now my Lord proved, that the faid Earl ofCajilemain\yas never
at Torpis-Cajile within the compals of that whole time.
This was dcmonliiaccd by the Atteffation of Mr. Lrdcot a Troiefiant,
and Fellow of Ktngs-Lollcdge 'm Cambridge, who having Lived with
the Earl Nine years, and particularly Accdrapanied bim in all his Jour-
neys and Refidences, during thofe two ab-ove-named years ; gave
this diftindl account out of his Book of Journals ' My Lord
*fet forth from Lkge to Tarh Jamiary \ji. (72. J Stilo novff, where he
* remained three Weeks y and from thence arrived at London 'Jarmory
'■i^.Stil'vet, there he (laid till (73 J from thence he went to
* Liege again in June, and from liege he let forth to London in Auguji 5
' and leiurned back to LAegeOUober the 3. Stilo novo (73.J where he
'remained till ("74. J Thus much to the charge, of Per-
jury.
UPon this proof of Pevjur,y the Mannagers made this Obfervation: Afr,-
Lydcot the Fellow of Kings-Colledgc (as he calfd himfelf) was indeed fa
out in bis Aritbmatiek,t fo mifiakyn in the year 5 Hhd ufed the Roman ftile (01*
date )
(37)
date ) fo much more then the Englifh. That they fafpeUed he was not fo great a
'Pxote(tznt ar he pretended to he. ^ ^
To which the Tapifis anfwer: That a folid Witnefs ought not to be Railed
out of his Evidence, in a matter of Life and Death, Mr. Lydcot ("however
skilled in Arithmatick, however great or little Froteifant') fubftantially proved
the Ear! of never was at, oxntzxFewis-Caflle, from the firft of
ary (72) i\\\ December (73 ) the inclufive time wherein 7«V^^rf/^7 Swears,
tie was at a Confnlt there. And it is ftrange, fo weighty and convincing a proof
of Perjurjf, in a matter of fo high and ferious a concern, ftiould be (hifted off
by a trifling Jeft.
LAftly, My Lord upon occafion made feme Remarks upon TurbervH's Turbervil'/
Eeggery, Loofe manner of Life, and divers odd Circumffances
in the courle of his Evidence, which much refle&ed upon his Reputa-
tion: To fupport it therefore, the Managers produced thefe Wit-
neffes.
Njr. Arnold, 'Jones, Hobby and Scndamore, Depofed 5 That they knew page i ^4,
Hurbervil, \etnt for their parts never heard, or jaw any evil by him.
Mr. a Minifter Dcpoled the fame, as to TtirberviH Reputa-
tion ; and added: That Tar/ierz/i/a little before he made his Difcovery,
owned himfelf a Roman-Catholickjy but feemed to have a mind to quit
that Religion, being convinced by the Arguments Matthews gzve. him,
of the Excellency of the Principles and Pradices of the Trotefiant
Chnrch 5 yet would never acknowledge he knew one Syllable of the
Plot.
UPon thefe feveral Femarqaes^ the Mannagers made this Obfcrvation:
The good Charatler here given o/Tutbcrvil, by four Witnejjes^ Jhew hima Man
of much Vertue and Integrity j .dnd it ought to be confidered as a farther addition to
his Praife, that he had the grace (though indigent) to refufe the propofal made
to him by my Lord, e/"Killing the King.
To which the Papifts anfwer : It is no fufficient proof of TurbervH's Vertue and
Integrity, that four Perfons fay, They know no ill of him-. He may be guilty ne-
vcrthclefs of a Thoufand Crimes unknown to them; few or none are fo intirely
abandoned or dcteftedby all Mankind, as not to find four Perfons in the World
who will make a favourable report of them. But it is evident from what hath
been already proved; That Turbervil was a man in all points complcatly equip- ^
ped for a Knight of the Pofl. For firft, he.was indigent 5 Secondly, he washor-
ridly addidted to Curfngand Swearing-, Thirdly, he looked upon feigningDifco-
vcries, as the only way to get Moneys. All this is manifefted by his own
Words and converfation with Mr. Talden and Mr. Porter before-mentioned j
uis I hope.for Salvation ( faid he ) I k'tow nothing of the Plot. The Devil take the
DukeofToxk, Monmouth, and all. God damn me, there is now no Trade good but
that of a Difcoverer. Who fliall ever want WitnefTes, that can find men thus
qualified ? And whereas it is faid, he had the grace to refufe the propofal made
to him, of Killina the King. It ought firft to be proved, otherwife then by his
own aflertion; He had fiich a Propofal made, before the refufd of it can be juft-
ly alledged as an argument of grace in him. Finally ■, It is very remarkable
what Parfon Matthews the laft of the Witnefles here Depofcth, That
though Turbervil had a mind to quit the Roman Catholick.^ Religion, being ( as he
faid) convinced by the Arguments Matthews gave him, of the excellency of the
Principles and PraUices of the Proteflant Church; yet he would never acknow-
ledge to the faid his new Ghoftly Father, Ihat heknew one fillable
of the Plot.
L
The
(33)
T7;e fum of the n^hole Evidence, hoth for anda^ainjl my Lord. C 4.
IN this fort paffed and ended the Tarticular Evidences, given as well
by the Mannagers againfi my Lord^ as by my Lord in his ovtn defence.
/^fter this the Court required each Party to fum up their refpeftive
Evidence 5 And it being by courfc of Law, my Lord's turn to begin 5
He performed it to this purpofe.
Page 1(5 5-dc. Firft, *He pleaded his Age^ his want Endowments^ his Exhaujied
Lord^s"pka"as 'Spirits and ftrength in this long Tryal'-^ In confideration of which he
to° matters of ' hopcd their Lotdftiips (who were both his Judges and CounceL,) would
Fail. «Pardon the many defefts he muft needs commit in Summing up his de-
* fence: 1 hen he Recapitulated the whole Evidence'( already fpeci-
* Bed J as well as his weak memory, and dilcompoled condition would
* permit. He remirtded their Lordfhips of the (everal points wherein
*he had proved the WitneflTes Forfvporn: He recounted their layings,
*and unfayingsto the fame things. The various ContradiBions, the
* moral Tmpojpbilitiesy and Ahfurdities^ as to divers (though before-
*hand ftudied) parts of their Evidence'-^ Inferring from hence, That he
* who will For/wear himjelf in one things is not to be credited in any. He
* infilled upon the Infamy of the Witnelfes, and Wickedneis of their
'Lives, efpecially the more the Atheijiical Sacri ledge of feme of them,
* acknowledged in open Court: He Inculcated their former Beggery,
- 'compared to the prelent Carafes, and Allurements oi
' Gain, and Applaufe, they find in their new Employment. He alledg-
* ed tht'iT Subornation of others, to make good their Forgeries^ their
*'bare Oaths without any corroborating circumjiances, but what depen-
«ded on the fame Oaths--i concluding, that fuch as will Swear Lyes.,
'will never Hick at Swearing offalle Circumllances, to hancle thole
' Lyes together.
Pa c 1^7 &c having thus luaimed up his Defence, as well as a weak Old
Man, harraffed and (pent with'five days pleading. And ("as helaidj
deprived of Sleep, could do on a luddain, 'He call himlelfinto their
' Lordlhips hands, defiring them to remember how faithfully he had
'lerved the King in the late Wars 5 How much himfelf, his Wife, and
Tamily had fuffcred on that accountHow eafily he might have pre-
'v'ented thofe Miferies, if he would, as others did, have turned a Re-
' bel 5 And conlequently, how unlikely it is, he Ihould now in his Old
' Age, and fettled contented State, be guilty of lb horrid a Crime, pro-
'ved only againll him by the Incredible Stories of three Infamous
' Men.
Then he proceeded to propole certain Toints or Doubts in Law,
My Lord's plea which occurtcd in his cale, concerning the manner of his Impeachment 5
as to matters the continuancc of it from ^Parliament to Parliament'^ Whether the
of Law. TndiBment contained an Overt AB, necelTary to a ConviBion of Trea-
fjn > Whether Men, who Swear for Money, ought to be credited, or
admittedfor Witneffes} Whether thePlot, being luppoled a Plot of the
Papills, was as yet legally proved lb? Laftly, Whether there being
but one particular Witnefs to any one particular point, fuch an Evi-
dence be fufficient in Law.
When
("39)
WHen my Lord had ended his Qiieries, the Learned Mannaffrs
thofe dexterous Mafters of Law and Eloquence addrefled them- EvUend 1-
felves, to Jum up the Evidence^ and Illuftrate the Proofs on their fide: u,-
That part which regards the efpecial matters charged by the Wit-
neflTes upon my Lord in particular, I have already incerted in the body
of the Tryal^ as the faid leveral matters refpeftively occurred 5 The other
Arguments made u(e ofto enforce a belief of my Lord's Guilty and ad-
vance the credit of the Witneffes, take here (together with the Tapijis
Anfwers) in fhort, as followeth.
The therefore argued, 'They had made it plain and appa-
' rent in the beginning of the Tryal, by the Teltimonies of fix pofitive
^ fVitneJfesby the ^Declaration ol both Houles of Edrliament ^ by
^Coleman's Letters J by the Tryal and Convi^ioh of other Lraytors'-^ that
' there was a general Defign amongfi: the Papifts, to introduce their Re-
'ligion. By raifing of Armies^ marderingthe King^and fubverting the Go-
* uernment.
THc Papifts anfwer: It is clear and manifeft from the Reafons given, and Ar-
guments anfwered, in the Preamble to this Try^/; That there rever was
any fuch general Deftgn, any'fuch Armies raited, &c, amongft the Papifls,
Thefe being the meer groundlefs Suggeftions ofvthom Lucre and
Malice inftigated to Perjury againft Innocent Catholicks.
THc Managers farther argued, 'It was neceflTary thasgreat Defign of
' the Papifts ftiould be managed by the greateft Perfons amongft
' them ; Now ray L- Stafford was a man whole Quality and Merit might
* well entitle him to an Office asgreat as Tay-majier General to theArray5
' From whence they inferred, That the particular Evidence given herein
' againft my Lordj was highly credible.
THe Fapifts anfwer: It is a wrefted Inference, and that alfo bottomed upon a
falfe fuppofition; For firft. There never was (as is faid before) any fuch De.
fign, nor by confequence any Armies or OfficerSf other then what were the Chy-
merical produdf of Perjured Men. Secondl), Though there had been fuch a De-
fign in general, as is here pretended 5 it is a ftrangcly far fetched conjecture
(furcly not allowable in a cafe of Life and Deathj that my Lord Stafford be-
caufe a Nobleman, muft needs have a great, or indeed any pan in it. Great
Offices (efpccially amongft Traitors) are not ufually committed to the beft
Born, but to the beft Qualified for fuch employments. Now all the World
that knew my Lord, his Humour, his Condition, his Economy in Money mat-
ters, will avouch, (fo incongruous are the VVitnefles in their L;ej,) there was
not perad venture amongft all the Perfons of Quality, Catholicks \n England, one
lefs proper then he for pay-mafer General to an Army. In fine. If there were
a Plot in general, 'tis no nccclfary confequence my Lord was Guilty. But if
there were none ( as moft certainly there was not) 'tis abfolute demonftration
my Lora was Innocent.
THe Managers argued, ' They had amply proved by their Wit- 170-
'neffes, That the *Friefs and Jefuits, in their Sermons and Dilcour-
'ies, had juftified the lawfulnefs, and incited their Votaries, to the pra-
' dtice of Treafon, Rebellion, and Murder ofJderetic^Frinces 5 Conforma-
' bly hereunto, whenever my Lord undertook any Trealbnable Dejtgns^
' it was ftill when thaFrieJis and fefuits were at his Elbow 5 ftill when
* they were egging him on 5 ftill when they were giving him Ghojily
' Counfel 5 when my Lord was amongft them, or but newly come from
' them,
Q-ir
(40)
*■ th^m, then it was he uttered the Treafon of Killing the King. Thefe.
'nofabie Circumftances mull: needs ("lay they) render credible the
* Teftimony of the Witneflcs againft my Lord.
Ti/ePapifts-sw/tver, Here are Trayterous Sermons and Difcourfes alledged;
How are they proved ? Whjy bj the Oaths of the iVitnejfes that heard them.
But the Credit of thefe WitnelTes arc queftioned ; How is that made out ? Whjy
by the Trayterous Sermons andDfeourfes which they heard. ThusfHll the Qucftion
is begged, and nothing proved but by bare {wearing,peremptory [wearing, of infa-
mous men, without any face of one tingle Circumlianee to fupport their Evidence,
other than what dcpcndcth on the fame [wearing-. As if thole that ftick not to
fwear a jalfe Oath, thould Itick at Circumfiances to fecond their Perjury. Had the
Managers ^o\xx\{htA uytonxhc Honefiyoi the WitnelTes ; the Vprightneji of their
Lives'; theof their Manners; their dif-engagement Ironi Self-interefi
the Circumftances inducing a probability, diftin(ft: from the bare Oaths, (things
neceflaiy to a legalConvidtion) the would have had another appearence.
It is therefore again urged, That there are fuch Wretches as Knights of the PoH-.
That men may, and often do, break God's great Commandment, Thou (halt not
bear fafeWitnef againft thy Neighbour. That wicked Perfons, of loft Corfciences znd
deIf erate Fortunes, are moft propenfe to commit this Crime. That this Propcnfion
is much augmented by an alfured profpedt of Indempnities from Punilhmenr, and
advantage of Gain. And confeqiiently, the bare, and otherwile improbable.
Oaths of Inch men, fo circumftanccd, cannot (efpecialiy in matters of Life and
Death)b'e credited againft honeft and vertuous Perfons; nay againft whole Nati-
ons, without a dreadful hazard of Injuftice. But there will be a further occafion to
fpeak of thefe al.'edged Trayterous and Difcourfes, when we come to
treat of my Lord s Principles.
THe Managers ftill argued, ' The three Witneffes were all exprels
' and pofttive in their Evidence againft my Lord,
THe Papifts (fiHanfwer, It is mt pofttive fwcaring of evil, but probable fwea-
ring of good men, fhould convict my Lord, or any other, of guilt, efpecialiy
\nm?iUCtso'i High-Treafon.
THe Managers likewile argued, 'It was impoffible there could be a
^Contrivance amongft"the Witneffes themlelves to depofe the
* lame Crimes againft ray Lord, feeing there was nointercourfe i^tween
^ Gates and L^ugdale , nor did they know each other till long after
Gates's acculationot my Lordj And it is as little credible, they could
Concurr in the fame thing, unlels the Evidence of both were true.
T//f Papifts aw/irtfr, Though there were no Contrivance ariling from any ac-
q iaintanceorintercourfe had between and Dugdale, before their fe-
vera! D.fcovcries,yet themight well take example and encouragement,
from the pradlice of tbt former; and fo indeed it was; for Dugdale being invol-
ved in Debts, and thrown into Gaol, call about how to retrieve his defpcratc For-
tunc; and hearing that and (men before funk to the bottom of
reproach and beggeryj badhy Perjury and Impudencefxted themfelvcs from the
ITinilhment of the Laws, gained immenfe rewards, and now lived in a degree
above the port and cxpence of ordinary Gentlemen ; he at laft ( yet not without
frequent anguilh, and reluffance of Confcience) fwallowed the alluring bait j and
knowing my Lord Stafford (whom he had feen at Ti.xal') was already in the
Tower, and accufcd by Oates of the Plot, he devifed a like fabulous ftory of the
Plot alfo, making my Lord, and other Gentlemen, where he lived and ferved in
Staffordfhire, the chief Affors in it. By which means Dugdale became Partner i^th
Oates and Bcdlow,bot\\\ntheTitle andProfit of the Ktngs B^ndence.
The
(40 ; •
THe Managers ^Oates were fo ready in iheir Pigeiyi.
' Anfwcrs, when any Queltion was asked them, and confirmed
* Itill their precedent difcourles by their fubfeqtient replies 5 Nay, the
*■ whole frame and feries ot the Tlot, though coolifting of many particu-
*lars, and attefted by perfons of no great natural capacities, is yet lb co-
' herent in every part ot it, thatitis impoflible the lame (hould befaKe.
/
T//f Papifts Oates and Df/gdale were often fo confounded, when any
Queftion was asked them out of the road; and their precedent dif-
courfes were ufually fo inconfiftent with their fiibfequent replies ; Nay the
whole ftory (though ftudied before-hand, and the Authors all manner of ways
encouraged and aflifted in their inventionj is yet fluffed and involved with fo
many ahfurdities, contradttlions, and impracticable chjim£rasy (as has been al-
ready often and fully proved j thatitis impoflible thc'fame ftiould be true; fot
Falfhoodvnayyhus. Trmh cannot be inconfiftent of parts.
LAfily, xht Managers ha\mg amply dilated and defcantcd upon each
particular Evidence and Argument, allcdged, as well againji my
' jLerdf as in his defencei and making even critical remarks upon what-
ever might be drawn either to the advantage of the cne,or prejudice ofthe
other, ("the fubftance of all which hath been already fpecified in its pro-
per place. ) At length they concluded, with fliarp and moving aggra-
vations againft the 'd^opijfj Principles, (whereof alfo we fhall by and by,
according to promife, giveadiftinft account,) And infifting awhile
on this lubjeft, with much accutenefi of Wit, and feeming applaufcj
they clofed up their Evidence.
THuSjWhen there was a period put to proof in matters of there Anfmr to ,r.f
began a debate as to matter of concerning a doubt propofed m
by ray Lord, ("the other of his Queries not being admitted difputable)
C viij.) Whether two Witnefjes beneceffary to every Overt-aS, in point of
Treajbn^ This Queftion being referred to the Judges, they determined Page 15
it to the Negative. ,
After this, my Lord petitioned the Court (as a peculiar favour) Afy Lord's pdr-
That he might offer Ibme things to their Lordfjips Confideration, the Addrefi.
purport of which was, * That be had proved direCt Perjury upon all
'the three Witneffes againft him; That, as well at the inftance of hisP»gei58.
* Wife, Daughter and Friends, as out of fincerity of Confcience, he would,
' in the pfefence of Almighty God^ declare to them, AU that he l^new ;
* That he verily believed there had been in former iimesPlots and De-
' figns againft the Crown and Government,(as the Gun-poi9der-Treafon,c^c.
* owned by the Traytors themfelves at their death) wherein feme Ro-
' man CathoUcks, as well as others, might be concerned j which Plots
'he from his heart (as both his Duty and Religion taught him) detejied
* and abhorred: That it was ever indeed his opinion, That an aU of
* Comprehenjion {ov DiJJenting Protefiants, and a ToWcration fox Roman
* CathoUcks (yet fo as not to admit them into any Offices of Profit or
'Dignity^ would much conduce to the happineG of the Nation^ But
'this not otherwife to be procured or defired, then by a free confent of
' the King, Lords, and Commons, in Parliament ajfembled: That hene-
' rer read or knew of Coleman shtxxcxs, or Confultations for Tolleration,
' till he faw the Letters themfelves in the Printed Tryal: How far Cole-
" man was Criminal he did not know, but he believed he did that which
not juftifiable by Larv: That, as to the damnable Dodriiie of
M . * King"
(42)
* King-kjShfgj If he were of any Church whatfoever, and found that
* to be its trinciple, he would leave if. That he knew the difadvan-
' tage he was under, in being forced, alone, to ftand a contefl: with the
* Learned Gentlemen the Mannagers, who have thofe great helps of
' Memory, Parts, and Underftanding in the Law, all which he wan-
*ted. That therefore he hoped their LordOoipt would not conclude
* barely upon the manner, either of his, or their expreflions. But fe-
'rioufly debating the merits of the Caufe in it (elf, would pleafe to
* be his CeunceC 3S well as his Judges' That (ceing he was to be Acquit-
* ted, or Condemned by their Lordfhips Judgement 3 He knew they
' would lap their hands upon their Heart, Conjult their Confciences, and
* their Honours , And then he doubted not, they would do what was
* juft and equitable^ That(with fubmiffion to their Lordfhips)he thought
*it hard mcafure, and contrary to Law^ that any one fbould be Im-
'prifoncd above two years, without being admitted to Trjal, And
* that it was of evil con(cquence for any one to have Juftice denyed
* him , fb long till his Opponents had found occalion to gain their
* ends 5 That however thofe large AUowances, and Rewards granted to
*the iVitneJfes, for Swearing, might peradventure be an effect of His
* Majejiies Grace and Bounty 5 yet it was not eafily conceivable, how
* the hopes and promifes of fo great Suras fbould not prove to.difTolute,
* indigent Perlbns, ftrong Allurements and temptations to Terjury. Fi-
'nally, That the defence he had made, he owed it to the worth and
* dignity of his Family 5 He owed it to bis dear ffife and Children , (at
* which words he was obferved to weep, ) He owed it to his Jnnocenfe 5
*He owed it to God, the Author of Life. That he confided, their
* Lordfhips would duly refleft, what a dreadful thing Murder vs, and
* the Blond of Innocents: And that he verily believed none of the Houjs
* of Commons, defired his Death for a Crime of which he was act Guil-
* ty. That he hoped their Lordfhips would not permit him to be run
' down by the jhouts of the Rable,Qhe Emblem of our pajl Calamity^') It be'
*gan in the late times with the Lord Stadbrd, and Jo continued, till it
ended in the Death of the King, the mojl execrable Murder, that ever
*was committed J And where this will end (Paid he,) God h^ows, To
' conclude. He again declared in the prefence of God, of his Angels,
* of their Lordfhips, and all who heard him, That he was intirely
' Innocent of what was laid to his charge 5 That he left it to their
* Lordfhips to do Jujlice, and with all ^bmifiion refigned himfelf tq
*them.
To this difcourfe of my Lords, the Mannagers returned for anfwer:
That his Lordfhips laft Addrefs was not regular, nor according to the
due method of proceedings j for if after his Lordfhip had fumnted up his
Evidence, and the Brofecutors had concluded theirs, he fbould begin
that work again, and they by confequence be admitted to reply, he
might flili rejoyn upon them, and fo there would be no end of procee-
dings. They therefore defired this Indulgence granted to my Lord,
might not ferve for a future Prefident.
The Conclufion of the Tryal. ^5.
HEre then the Lord High Steward wholly terminating all further;
procefs on either fide;, The Tcwr# gave final JudgmeHtj And the
Lot'rd
(43)
Lor<i High Steward co]le<!iing the Votes, my Lord Stafford was Pro-
nounced by fifty five Votes againO: thirty one.
When the Votes were paflTed, the f ord High Stevpard, declared to
the Prifoncr, He was found Guilty of High Treafon^ vphereofhe was Tm-
fieached. To which my Lord Stafford anfwered , Gods holy name be
fraifed my Lord for it. Then the Lord High Steward asked him. What
he couldfay for himfelf why Judgment of Death pould not be given upon
him according to Law .<? He reply'd, My Lord., I have very little to fay 5 ^
7 confffs I am furprized at it^ for 1 did not expeH it. But Gods will be
done, and your Lordpips , I will not murmur at it. God forgi ve thofe who
have Falfly Sworn againji me.
* We are now come to the final Sentence of Death, For a Prologue to Page^ii-
' which the Lord High Steward made a fhort Pathetick Speech 5 where- stewlrd'f^'
* in after (brae reflexions upon the Tht in general, he delcended to speech.
* my Lords cafe in particular 3 And then advifed his Lordfhip ( as now
' a fuppofed guilty Perfbn,) to bathing himfelf of the State and Con-
*dition he was in ; of his Religion and Guides, that ('tis faid) had fe- msReUg-on
*duced him: Of the repentance due to fb hainous Crimes: And con- imputed to him
'eluded with an aflurance to his Lordfhip, That a true Penitential "7
' Sorrow ;oyned with an humble and hearty ConfeJJion, was of mighty
'power and efficacy, both with God and Man. He then pronounced
•Sentence upon him, in thefe words.
The Judgment of the Law is, and the Court doth award it, 'That Page a 14.
'you go to the place from whence you came, from thence you muft
* be drawn upon an Hurdle to the place of Execution 3 when you come
' there, you muft be Hanged up by the Neck, but not till you are
'Dead, for you muft be cut down Alive 3 your Privy Members muft
' be cut off 3 And your Bowels Ript.up befpre your Face, and thrown
' into the Fire .• Then your Head muft be fevered from your Body, and
' your Body divided into four Quarters, And thefe muft be at the
'difpofal of the King;
jdlnd God Almighty have mercy onyour Soul,
My Lord received this difinal Sentence, with a meek and refigned
Countenance: He declared in the prefence of Almighty God, he had
no malice in his Heart to them that had Condemned him: But free-
ly forgave them alL
He made one , and only one humble requeft to their Lordfhips,
(viz.) That for the fhort time he had to Live a Prifbner, his Wife,
Children, and Friends might be permitted to come at him. My Lord
High Steward told him , their Lordfhips had fo far a Corapaflion for
him. They would be humble fuiters to the King. That he will remit
all the punifhraents, but the ta^ng off"his Head.
Thus Sentence f^ing pafTed the Lord High Steward broke his Staff,
and my Lord Stafford was led back from the Bar to the Tower. The
Ax being carryed before him, ( as the Cuftom is in fuch cafesj with
the Edge toward him.
- ■ The
* 1 i
Page S*r-
(44)
sect. III.
2^ Lords Principles o/Faith W Loyalty.
.Oabtlefsthe thing which moft weighed to my Lorfs prejudice ^
moft advanced the credit of the Evidence 5 And moft mfluen-
c'Ja'both his ■Frofimtors, and 7»d^ex againa him was a pre-poffefed
Opinion of wicked TriKciples, fuppofed to be heW and pnaifed by my
l,ord as the matter of his Faith and Religion. It is by many taken
for granted The "Fapip hold it an Article of Faith, That to T)epofe
ind Murder Kinos, to Maffacre their Neighbours, and dejlroy their Na-
five Countrey by Fire and Sword, ( when the interefi of their Religon re-
auires it^ are aUs difpenfable by the Pope, and merttorjous of Heaven.
Now what thing fo wicked however, flenderly proved, will not eafily
be believed againft Men fo Trincipled. My Lord therefore to clear
himfelf, and his Religion from this heavy, and (as the Tapifls fay)
iniurious Afpeifion, 'Protefted and Declared in the prefcnce of AF
' mkhit OW, and their LotdOiips his J«dsei 5 That he hated and de-
»telted fuch Trinciples, as he did Damnation to himfelf 5 And that he
'could not be more defirous of Salvation, then he was cordial in ha-
PtK n 'ting fuch Trinciples. That he ever held Jretfm to be the worft of
'Crimes, and knew no term ill enough to exprcfs it. That he heard
' with horrour the late wicked pra^ices in Scotland. That he acknow-
' ledged the King his lawful Soveratgn, and knew no Terfon or Autho-
^rity on Earth, could ahfolve him from his Allegiance.
And leaft this might feem a meerly extorted profeffion of a defpai-
ring Man 5 My endeavoured to prove by feveral convincing
Teltimonies , he had ever been Inftruded and Educated in the fame
Sentiments,', as the Eftablifhed Doftrine of the Roman Catholic^,
Church.
I-■ His firft Teftimony was taken from places of Holy Scripture, par-
ticularly That of St. Math. 22. v. 21. '■Render to Cxfarthe things that
' are Ceefars, d^c. From the plain and clear fenfe of which, and other
'.Texts of Holy Writ, nothing (he faid) in this world was able to re-
' 'move him. ... r l ^ ,
Hisfecond Tefiimony from the Authority ot (general
Council of ConSfance, (to which all Roman Catholickf ate obliged to fub-
mitO The r 5th Canon and Definition of which is this; 'Qm-
' libit Tyrannus potefl & debet licite & meritorie occidi per quemcunq^
'Vafallum fuum vet SHbditHnt,etiam per clanculares infidias , df'fubtiks
'blanditias vel adulationts non objlante quocunq'., Praeftito juramento^M
' confwderatione faUis cum eby non expeftata fententik vel mandatojudicis
' cujujcunqj Adverjus hunc errorem Satagens ht£c Sanfta Synodus, exur-
Vere, cF ipfim funditus tol/ere, declarat d-definit, hujnfmodi Doftri-
'^nam erroneam ejje ir fide, & in moribus, ipfamque tanquam Hxreticara,
' Scan dale jam, & ad Iraudes, Deceptiones, Mendacia, Troditiones,
' Terjuria, vias duntem, reprohat, & condemnat. fDeclarat infuper &
' dccernit quod pertinaciter TcUrinam banc perniciocijfimam afjerentes
' hint HiTretici, & tanquam tales juxta Canonicas San&iones puniendi.
Enghjbed thus, 'Every Tyrant lawfully and meritoriouriy, may, and
ought
i
(45)
•ought to be Killedhy any Vajfal or whatfoeveif, evea by hici-
'den Treacheries andfubtle Flatteries or Adulations, notvvithftanding
'any Oath given, or confederation made with him 3 Without expedt-
«ing the Sentence or Command of any judge whatfoever, ( which
• clauje is added in regard ef the right of Supreme Temper at Monarchs^
*over inferior Trinces Subordinate to them.) Againft which Error this
Holy Synod (induftrious to withftand,and utterly to extirpate it,) doth
declare and dejine^thiit this TioUrine 'x^ Erroneous in Paith AW^ Manners^
and the fame as Heretical^ Scandalous^ and opening a way to Frauds^
T)eceipts.y Lyes, Treajbns and Terjuries doth diffaprove and condemn 5
It farther declares and decrees, that thole vj'ho obftinately maintain this
mo^ pernicious Do^irine, Hereticps, and as (uch ought to be pun*
ilhed,according to Canonical Sanlfions.
My Lords third Tejlimony was taken from the Annotations upon the
15 th. Chapter of St.'Pd^/'s Epij^leto the Romans, in the En^lijfj Cat ho-
/zV^ Edition of tfie new Tejiainent, fet forth by the CoUed^e of T)ivines
at Rhemes. The words are the/e'(upon the Text, He thap rejifieth, ^q.
V. 2. J ' Wholbever refifteth,' or obeyeth not his lawful Superior, in
'thpTe caules wherein he is fubjeS to hitn, tetlfteth Gpcls appointment,
'and finneth deadly,and is Woftny to be pi^ilhecl both this World
'by his Superior, and by God in the next Lifp, For in Tei^poral po-
• vemment and Caufes, the Cfrijlians were houiid in tonfcience ,to obey,
'even their Heathen Emperourl And ("uppn the Text, Beaireth noi'thp
Sword, &c. V. 4.) 'There were certain Hefeiicks Begardi, that
'took away all Rule ^nd Superiority i, would obey
•no Trince noTcTrelate, if he Were bni^e fn" fin: Some Erote-
*Jiants of our time, care neirhertof the one, nor for the others though
' they extol only ^ecAar Tower,^hen it maketh for them. The Catholicps
•onlymoft humbly obey both, according to Gods Ordinance-, the one
•in Temporal Caufes, and the other in Spiritual^ in which order both
•thefe States havebleffedly floiirifhed in airo&r?i7M» Countreys eyer
•fince.c^rf/^/time. . •' ^ ' 7 ■ '
My Lords fourth Tejiiniony, was taken frorrt the cenlure pf the Tio-
Uors of the fzmoos Faculty 0/Sorbon, intheZiniverftyd'f?mi, againft
a Book of Anthony SanBarelsos, treating oS Herejie, Schifm, &c. par-
ticularly againft ihe 50^1^ and 51ft- Chapters of the faid'Book. The
cenfure of the Faculty my Lord produced 'm Cimrt, and is as followeth.
• Upon the firft of April \n the year of our Lord 1626. aftqr Mafi of
•the Holy Ghofij the ulual Affeimbly ofb^ing met in Solernn
•manner, in the Half the Sprbon CoUedgje, was heard the relation of
'theMafters of thd f^me deputed for that end, w.ho declared,
' that jn ^holc two above-raer\tioned Chapters, thele propofitions were
• coiitained, Tlpat the PopCaC.*® punijh Kings and Tririces, with Tern-
^porA Tenalties, andDepoJe and Deprive them, of their Kingdoms fir
'"the ■crime <j/"Harefie, and free their Subje&s from their obedience 5 And
*4haf it had been always the 'cufio/» in the Church And for other caufes
faults, if it be expedient j Jf the 'Princes be negligent j For
Uhe infupcfincy, and HHproftabfemfs of their TerfonS h Liksvoife that the
' Tope has right and power over Spirituals, and all Temporals alfo, and
'■that both the powers, ,Spi^iltial and Temporal are in him by Divine right ^
'That it was to be believed, that Tower ivas granted to the Church and
' its'Chief Tajlors, to punifi with Temporal'Tenaltits, (Pririces)tie tranf-
N ^gtejfors
<2.1,1.
(4^)
«creffors ef 7)ivifte and Humane Lam, efpeciallji if the Crime he He^efie.
* fhey faid likewife, that the fame did afBrm, That the_A-
^pofiles were fubje^ to fecular Princes, de fado, non dc jure 5 by ta&,
^not by Right J Moreover, That as foon as the Pope is inSi ailed,
*Trinces begin to be [ubjeU unto him. Lattly, they related that he,
' r Sanbtarelus ) expounded the words of ChriSi, Whatfoever ye Jh^f
^bind upon Earth, &c. To be underftood not only of the Spiritual,
*but of the Temporal Tower: That he impofes upon St. Taul, chang-
*ing his words, by withdrawing the Negation, and upon many,
* Authois cited by him. They related mariy other things out of the
«faid SanHarelsfS, which (ecmed to them very well to dcferve the
* grave Animadverflons and Ctnfure of the Faculty. The matter there-
* fore being brought into debate by the Tdean, the mature deliberati-
* ons of all and every Mafter being heard , the Faculty hath diffap"
* pro ved and condemned the contained in thefe propofitions'
* and other like expreffions in the feme Chapters, as new; Falle, Errone-
*ous contrary to the word of God: drawing hatred upon the Tonti-
^Jicial 'Dignity 5 giving occafion to Schifm 5 Derogatory from the
* Supreme authority of Kings dependant on God alone, hindring the con-
'verfion of Heathen and Heretical Trinces^ difturbing the publick
* Peace 5 Deftruftive to Kingdoms, States, and Common-Wealths 3 .
* withdrawing Subje&s from Obedience SuhjeUion^ and exciting
* to FaUions, Rebellions, Seditions, and Murder of Trinces: Given in
'the the of^/?rz/16a6. .
/. TdFsn out of the Archives/?/ the forefaid Faculty, by
mcSeeretary thereof, the 26^^-of Septemhet 1671^.
MJSSIN.
, ■ r -a'
My Lords fifth Te^imfiny, was taken from a little Treatife, writ
Cas my Lord faid) by a Trief of the Church of Rome, and en-
, Roman-Catholu^ Trinciples, in Reference to God and the King.
The chief Contents of which Treatife5 Becaufe it in Ihort explains the
above-named Trinciples, and clears the ObjeSions ufually made on this
Subjcdt f (hall here infert in the Authors own Words, for the Rea-
d'ers more ample fetisfaftion.
I Sit not ftrangc and fcvese, faith this Aathor) 'Vcax'Principles, (ofTreafon,
Rebellion, Murder, ^ff.)and thofe pretended of laith too, ihpuldbe impo{ed
upon which they themfelves renounce and detefli If the T«r^'s Alcoran
fhould in like manner be urg'd upon us, arid we hang'd up for Mahumetans, all we
could do or fay infechaCafe, would be to die, with Protefiation of our
own Innocence. And this is the pofture of ouxprefsnt Condition j Wc abhor, we re-
tiounce, we abominate iiich Principles', Weproteft againftthcm, and feal our Pro-
teftatipns with our What fhallwc fay? What can we do more?
lo accHfemen as guilty mmatters of Faith, which they never own'd, is the fame
thing, as to condemn them for matters of Fad, which they never did. . >
You prcfs the and fay^fomeof o\yc General Councils, fcYeizX'Papal De-
cr«f, and many of our and Dm«zx', alTert the forc-menfioncd Prtnciples.
Sir, I have been inftrudted in the Articles of my Faith, and I acknowledge j:he latv-
ful Authority of General Councils: yet I profefsl never learnt, or found alfertedin
any of them, anyfuch Principles. And 1 propofe unto you this plain and feorc
Dilemma-, Euher the above-named Principles are efteeipi'd by us asmatte^rscf
Faith,
2.^2-
( 47 )
Faith,ox not: If they he, what further can be required of us, than to deny and
jerfakt fuchd^ Faith ? And this we conftantly'do. But if they he not matters of
Catholick^ Faith, nor owned by us as fuch, why are CathoUcks, as Catholicks, pu-
niflied for them ? why is our pcrfecutedon that account? Let thofe, in
God'sNamc, ifany thercbc,of whut Religion foevcr, •vthobold fnch Tenents,]ftf-
ferfdr them: why ftiould the Innocent be involv'd with the Guilty ? there is neither
Reafdnnoifuflice'ink.
An Obe- Hereunto fome Pcrfons (I hope out of zeal and mif-in formation, rather than
^ malice) Ijtick not to fay. ThatDisfenfations, and 1 know not what VndHlgences and
Pardons, whereby to legitimate the Crimes of Lying and For/wearing, when the
Intercftof our Church requires it, is a main part of our Religion: and by confc-
quence,the denial of our Principles,\s no fufficient fttfhfication of our Innocence. Ian-
fwerj Fir^, It is In the higheft meafure cenforious in any one, to impofe upon all
Anfwcred. our and the greateft part of mankind, who are, or have been folong
together Members of our Religion, fuch an excels of Folly and Wickednejs, as mult
needs have perverted all Humane Society. Secondly, If we could lawfully deny the
prineiples of our Faith when Intereft requires, why have we loft our Eflates, our
Liberties, our Lives for the profclfion of it ? To what purpofc are Oaths and Tefts
deviled to in tangle us? How impertinently is the frequenting the Frotefiant
\: Church, and Receiving the Communion,propoCed unto us, and refufed hym? Ihirdly,
' Though many nien may be induced to fte, and Forfwear, when they have fome
hopes or profpecft thereby of Temporal...advantage yet, that perlbns dying for
their Confcitnee and Religion, (as, divers have done, and thoi'e no Fools, even by the
' Confeflion of our Adverfarics) (hould be fo- ftupendioully/oro/b and mad, either
tQ\tvA^\o.e,th'dX Lies andPerfuries, fox concealment of Treafon, Murder^ Maffacre,
znd DefiruHion of othexs by Fire and Sword, Ihoftld he jIUs of Firtue, pleajingto
Cod, diffenfahle hy the Pope, and MeritoriquS) of Heaven j or that, on the contrary, •.
kytowing and believing (as needs they muft) f\xch Monfiers and Horrours to be odtotu
^ and detefiahle in the light both of God and Alan,they Ihould neverthelcfs, upon«the
..very brink ^f.Eternity, wittiygly and willingly^ caft thtmfclxes headlong into 'an af-
fui^ed jyamnaiien; and this at a time when they might have faved both Bodies and
by mcerlyjj^fcharging in acknowledging the and
, becoming A. This^Ifay, isandcontradidory coaIl5ew/tf and
Re af on to believe. ^
Now therefore,I come to what you fo often, and foearneftly prefs me to, i/is..
to fatisfie the World, and clear my felf, my Fellow Sufferers, and my Beligion,
Eiaie imputation laid upon us, on pretence of fuch Principles, by a true and
^ candid of my ^ind 'in the main points of Faith 2iOd
Loyalty, controverted between (fatholicks and Prqteftants, gs they feveraily relate
toGOD andthe7C/7V.(j;W '
f . : PXAA GRAPH t. -
V-]. ■ '». X- ' I y ■
- - ' ^ - 'O ij ■ ^ ^ - .
of the Catholkk^Faith, and Church hi General. '
. -c' •"
Redempti^ I- '^pHeFriiVtioaof God,andRemiirionof?{in, is not attainable by man, otiief-
on in i- wife then (rf) tn, and by the Merits of Jefui Chriji, who (gratis ) pUrchafcd < gph.g.
.-Chriil, 'itforus. .t:")'"- 1C0r.15.ii;
applicable 2. Thcfe MferitS of Chrift are not applied to us, otherwife than by a Right (by ^
'loyTilth. F#«txAinChrift;'!ld - ^ Heb. U.6,
Which is 3 . This f(0 conformable to its Objed, being
bnrOnc, Revelation-, toall which gives an undoubted alTent.
S pernatu- 4-1 hefc Revelations contain many Myfleries (e) tranfeending the natural reach of
ral. Humane Wit and Indufry: Wherefore, ^ Mic.i<f. 17.
By the Di- f • becamc the Divine Wifdom and Goodnefs, to provide Man of fome (f) way ^ ^
viL Provi- or means whereby he might arrive to the knowledge of thefe Myfleries; Means ( g) Y
dcnceto vifible and apparent to z\[Means (A) proportionable to the Capacities of all;^
bclcarnt. f/JcanS ("0 ^ ^ Thls !'
r48)
Pro. 14.12. ' 6. This W4J or means js not the reading of Scripture^ interpreted according to the Not from
Mat. 22.29 private ( h) Reafonoi (Spirit oi every disjundivePerfon, or Nation in parti- private in-
'p,'i°i;;'"culariBut, -P-"-
TrMat. 18.17. y. It is an Attention and (m) SHhmiJfion to t\\t DoSlrine of the Catholick^or
VniverfalChurch, eftablifiied by Ghriftfor the Inftrudion of all 5 («) Spread for but from
jfa. 2.2 drf.49.6. that end throughout ail Nations and vifthlp continued In a Succeflion of Faftors, theUniver-
Mai^9.21^.' People throughout ; From which Church (0) Guided in Truth, and faichurdi,
joh.16.13. fecured from Error in Matters of Faith, by the fp) promsfed ^fjtflance of the
Epk s!^2ri-c. ought to (^; Learn both the Right Senfe of
I Tim. 3. IS. Scripture, and all Other Chrijitan Mpperies and Duties, refpedivcly ncceffary to bythcHe/r
Salvation. ' chtft for
fdi.i 4^16.^'*^ 8. This Church, thus Spread, thus Guided, thus vifibly Continued, (r) in thatend.
yDeut 17. ^.&c. Qfig Z/niform Faith, and Subordination of Government, is that Self-tame which is
termed the Roman CathoUck^Qhurch^ The Salifications above-mentioned,
)oh. 10. i6. (vizj) Unity, Indeficiency^ Vifikility, .Succefifian, and'Vniverfalityf) being appli- with the
cable to no other C«»rfi7, et whatfoever. Romanch-
Ttuiip 2.2. From the Tefitmony and u^uthorltjof This Church, it is, that We Receive, tholu^,
jMat.ifi. 18. 30cl Believe the Scriptures to be Cod's iVord : And as She can (r j affuredly tell
I Tini. 3.1 J. Us, This or That Book is Gods Word j fo can (he with the like jiffurance, tell us of wibch^
M«. 18.17- jjyg Meaning of it, in Controverted Points of Faith-, The webeliev'e
tifai. 59.2t. fame Spirit that Writ the Scripture, (r) Enhghtning Her to Undcrftand , both theScri-
joh.T4.i<'- /f, and all Matters Neccflary to 5/»/v<«fK7«. From Thefe Grounds it Follows, pturetobe
10. All, and only Divine Revelations deXwtrldby^Godnnto the Church, and
propofcd by Her to be Bclicv'd as fuch, are, an'd oughttobeefteera'd jirticles of
Faith J and the contrary Opinions, Bercfic. And, * only Mat-
11. As an Obflinate Separation from the Unity of the Church, in known de- ters of
d^*tters of Faith, wforrual (*) Herefte } So a wilful Sf^4r<fr;»o» from the
'7- Vifihle of the fame Church, in Matters of Subordination and Government,
X Tit. 3-10. u formalfx) Schifm, ' ' ■
Church propofeth unto Us Matters of Faith: Firft, and chiefly. By How Mar-
J joh. $. 39. . the (y) Holy Scripture, in Points plain and Intelligible in it. ' Secondly, By (ji) ters of
tAasis./trrt,. F)gfigit^fis of General Councils, irt Points not fufficiently Explained in Scripture, faithne
By (aJ u4pofiolical Traditions, derWd frdkr Chriftzad h\t.\r1poihUs, to
"fTL. 2.2. all Succeeding Ages. Fourthly, By her fb) Pra£iice, Worfhip, and Ceremonies,
j.jam.2.18. Confirming her -n;
• I-.'
PARAGRAPH UJ
V " . ' '
Of spiritual and Temporal Jutherity* '
I. ^^Eneral Councils ( which arc the Church rof God, Reprefentative ) have Whatisthc
VJT no Commiflion -from Chrift to Frame Nerv Matters of Faith, (thcfe Authority
f^ut." 17.^8. being folc Divine Revelations) but only to ( c ) explain and afcertain unto us, what ^Zncils
Mat. 18. 17. antiently was, and is reccired and rctaiacd, as of Faith in the Church, upon ari- '
^'"8 Debates and Controverfies about them. The Definitions of which, C?rwr4/ Coun-
Heb.13.7. 17. cils,\n matters of Faith only, and:propofcd oblige, uadijrpain of Herefie,
allthoFaithful,to aSjtbmifpon of fudgment. Bijt, '
2. Tt is no Article of Faith tobericvc, f hat General Councils cannot Err, ci An Expla^
thcr in matters of Fail or Difcipline,alterable by cireumftancesCif time and pUcc ^ mation of
or in matters of Speculation or Civil Policy, depending on meer humane Judgment, tbe fame
ot Teftimony. Neither of thefe bexngDivine Revelations (<f) depofitedxn theC4- Authomy.
tholick^Church-, in regard to which alone, fiiel^th the (^e) pramifed Aft fiance of
the Holy Ghoji, Hence it is deduced,
5. If a General Council (much lefs a Papal Confifiory) ffnonld Undcttake todeppfe ADeduai-;
r* King, andabfoLve hisSubjeSls from their Allegiance •, no.Catlttliek^y^Cathelich^,
is bound to fubmit to fuch a Decree. Hence alfo it followeth: thmcc
concerning
Alleg^a«,-c.
4. The
("49)
A fc.-onJ 4- The Subjects of the King of £«^/WlawfnlIy may, without the leaft: breach
Dedudon C)[ zny Catholick.'Principle, Renounce, even upoD Oath, the Teaching, Mantain-
concern- ing, or Pradifing the DoHrine of depojing Kings Excommunicated for Herefic, by
ing the any Authority whatfoever, as Repugnant to tht fundamental Laws of the Na-
. tion. Injurious to Saver aign Power ^ T)if[x[xCL\ve loihe Peaoe andGovernment ■, and
by conl'equence, in HisMajcfties Subjedls, Impious and Damnable. Yet not pro-
Heretical., taking the Wordin that connatural, genuine fenfe, it
Of the is ufually underftood in the Catholik^Church \ on account of which, and other
Oath of Expreffions, (no wife appertaining to Loyalty,) it is, that Catholicisms of tender
egtance. yefufe the Oath commonly call d the Oath of Allegience.
TheHithop Catholicks believe. That the Bifirop of Eomeis the SuccelTor of St. Peter y
Su^eme Vicat of jfc/wr C^^y? upon Earth, and Head of the whole Catholic^ Ch/trch-,
Hea^d of which Church is therefore fitly ftiled Roman Catholick,y being an univerfal Body
the Church (") United undcr one vifible Head. Nevcrthelefs,
butnot In- 6. It is no matter of Faith to believe, That the Pope is in himfelf Infallible, fe-
fallible. pcrate from a General Council, even in Expounding the Faith : By confequence
Papal Definitions or Decrees, though ex Cathedra, as they term them, (taken
exclufively from a General Council, or Univerfal Acceptaice of the Church) oblige
none under Pain of Herefie, to an interior Aflent.
7. Nor do Cathohckj as Catholicks believe, that the Pope hath any diredt, or
Nor.hith indired over the Power zzA Jurifdiftion of Princes. Hence,
■any Tem- if the Pope fhould pretend to Abfolve or Difpence with His Maiefties Subje(fts from
poralAu- j-jiejr Allegiance, upon account of Hirefe or Schtfm, fuch Difpenfation would be
verpTiiT ^"dxuU-, and all Subjects (notwithftanding fuch Difpenfation ot
' ' Abfolution) would be ftill hound in Confcience to their King and Coun-
trey, at the hazard of their Lives and Fortunes, even againji the Pope himfelf,
Thec^aw^ in cafe he fhould invade the Nation.
fbrf^^th or Errors of particular in this,
grj-oj-j^f^ or any pthcr matter whatfoever, \.[\e CathoUck Church h no W\fe refponfible
particular fotthem: Nor, zxe Catholicks as Catholicks, pumfbable on Account.
Divines. But,
King-Kii- 9- As for the King Killing Doblrine, or Murder of Princes, Exsommunicated
ling Do£t- for Herefie j It is an Article of Faith in the Catholick Church, and exprefly de-
rineDam- clarcd in the General Council of Conflance, That fuch Doftrinc is Damnable
reiie^^^' Heretical, being contrary to the known Laws of God, and Nature.
10. Perjonal Mifdemeanors of vthztffzinxefoeyex, on'^'\t not to he Imputed to
mifd^e^La the Church, when not Juftifyablerothe 7>«miof her Faith and Do-,
noursnot 5 which Reafon, though the Stories of the Paris Maffacre ; the Irifh
to be im- Cruelties-, Ox Powder-Plot, had been exadly true, (whichyet for the moft pare
putedto areNotorioufly mif-relatedj neverthelefs Catholicks as Catholicks ought not to
xhzchurch. buffer for fuch Offences, any more then the Eleven Apoflles ought to have Suf-
fered for Judas's Treachery.
No Power jg an Article of the Catholick Faith to believe, that no Power on Earth can
cM^awho- T/r, to Forfwear, and Perjure themfelves, to Alajfacre their
rife Men to Neighbours, or dcftroy their Native Countrcy, on pretence of promoting the Ca-
Lye, For- thoUck Caufe, or Religion-, Furthermore, z\\ Pardons and Difpenfations granted,
fwear, or pretended to be granted, in order to any fuch ends or Defigns, have no other
Murther, validity OX EfFcdt, then to add Sacriledge and Blafphemy to the above-mentioned
Crimes.
Equivoca- iz. The Docftrine of Equivocation ox Mental Refervation, however wrong-
ton not fully Impofed on the Catholick^ Religion, is notwithftanding, neither taught,
allowed in approved by the Church, as any part of her Belief. On the contrary ,
tic iurco. Qodij Sincerity, are conftantly recommended by her, as truly
Chrifhan Tertues, necelFary to the Conrervafion of fufiice, Truth, and Com-
mon Siciety.
O
PARA-
(50)
P A R A G R A P H m.
Offome Particular controverted Points of Faith.
SE*; 18. 21."
2 Cor. 7. 10. !• "17 Very CathoHck. is obliged to believey that when a Sinner (a) Repenteth .
-t-/ him of his Sins from the of his Hearty and (b) Hcktiowledgeth his "
c Aft. 19! Vs. TranlgrefTions toGo^^and his (cj Minifters y the Difpenfers of the Mjfteries of
1 Cor. 4,1, Chrifly refolving to turn from his evil ways, (d) and bring forth Fruits mrth^ of
/luI'1%. Tenancey there is (thenandnootherwife) anleft by Chrift to
«joh.20,2i,circ. fuch a Sinner from his Sins: which Authority Chrift gave to his (e)
Mat. 18. 18. ^pofllesy and their Succefforsy thtBiJhops and Priefts of the CatholicJ^ Church,
in thofe words, when he faid. Receive ye the Holy Chofi, whole Sins you (hall
forgivcy they are forgiven unto them, &c.
/Tit.5. J. 2. Though no Cre<ir«re whatfoever can make (^f^CondignfatisfaHiony either of Satif-
^iCor. 3. y. of Sin, or theP4/» Eternal due to it ; (g) This fatisfadlion being faction by
h Aa »« io ptoper to Chrift our Saviour only j yet Penitent Sinners Redeemed by Chrift,
Jonas 3. J. may, as Members of Chrifl y in fome mcafure f^) fattffie by Prayer, Fafting,
pu ^10 Deeds, and other Work,s of Ptetyy for the lemporal Patncy which by order
Dan.9°'3.''" of Divinc Juftice fomctimes remains duc, after the of Sin, and Pains Eter-
I ftal are (^gratis) remitted. Tfiefe Penitential Works are notwithftanding
A&^o 4!^ * faEloryno otherwife, than asy<?7»e«land applyed to that/4r/i/4^/o», whichJefus
,1 Pet 1.5. made upon the Crofsin vertue of which aloncy all our goodworks find a grateful Indu.'gen-
acceptance in Cod's Sight. _ cesarenot
■ " ■ " Remiffion
of Sins, but
a
3'. The Guilt of Sin, or Pain Eternal due to it, isnever remitted by
i \ cor.^5. ^,&c. ces; but Only fuch {If) TemporalPunifhments as remain duc after the Guilt is re- only"of
iiCot.i. 6, c. Xhefe Indulgences being nothing elfe than a (/) Mitigation or Relaxa- Canonical
tion upon juft caufes, of Canonical PenanceSy enjoyncd by the Paftors of the Penances.
Church on Penitent Sinners, according to their fevcral Degrees of Demerit.
And if any abiiles or miftakes be fometimes committed, in point either of["q
Granting or Gainingthrough the Remifnefs, or Ignorance of par-
ticular Pcrfons, contrary to the ancient Cuftom and Dilcipline of the Chuschi church,
fuch Abufes or Miftakes cannot rationally be charged on the Church, nor ren- There is .
dred matter of Derifion, in prejudice to her Faith and Doiftrine. Purgatory
4. Cathehcks hold there is a Purgatory y that is to fay, a Place, or State, or ,
toiJu. 14. so.sSf'f." where Souls departing this Life, with RemilTion of their Sins, as to the Eternal
I 2^1'[if'' Guilt or Pain,(w yet Obnoxious to feme Temporal Punijhment ftill Remainirig duej
Mat. 12.36. & Or not perfeftly freed from the Blemilh of feme («) venial DefeSls or DeordinatL ufirLife
ensy (as Idle Words, C^c. not liable to Damnation) are (0') before their with fome
1 Cor. 3.15. Admittence into Heaven i where iwthing that is {p") defiled can enter. Fur-blemiih
p Rev. 21. 27. tftermore, arepurlfi'd
y. Catholickj alfo hold. That fuch Souls fo detained in Pur gatorjy being the Prayers for
i? I Cor. 15.2^; Living Members of Chr\h]et\xSy areRelievedhy the fq) Prayers and Suffrages of
Coll. 1.24. their Fellow-members here on Earth: But where this place is.? Of what Nature
or Quality the Pains are ? How long each Soul is detained there } After what superfoi-
mahner the Suffrages made in their behalf are applj'cd ? Whether by way of Sa- cusQueUi-
titfaflion or Interceffion ? &c. are Queftions Superfluous, and Impertinent as onsabout
to Faith. _ Purgatory,
yjo.ij.y. 16. 6. No Man, though/«/?, (r) can Merit either an Increafe of Sandlity orOftheme-
Happinefs in this Life, or Eternal Glory in the next, Independent on the Merits ritofgooi
Paffian of Chrift j Ncverthelefs in, and by the Merits oE Chrift Jefus, (r)
Cap. lo.42. the good Works of a ]\.\h^any proceeding from Gr4« and are accept
2 to. 5.10. to God, fo far forth as tb be, through his and Sacred Promifsy Truly of chrifo
i iin. 4. . yeriterious of Eternal 1. ife.
t Mat 15. i6. 7- Article of the CathoHck, Faith ; That in the moft Holy Sacrament ally pre'
JArtrk 14. 22. of the Eucharijiy there is Truly, and Really, contained the (t) Body of Chrifly Cent m the
t '2 ' & delivered for us, and his Bloud^ which was fhtdfor the Remiffion of Sins; Sacrament
Csp. to. 16." The fubftance of Bread and Wine, being by the powerful Words of Oiirift, chan-
ged
(50
ged'mtQ the SulijitiHce of his Bleffed Body and Bloud, the Species or Accidents
ol Bread, ft ill remaining. Thus,
8. Chrift is not prcfent in this Sacrament, according to his natural way of
Butaftera Exiftcncc, that is, with excenfion of parts, in order to place &c. but after a
fupcrnatu-manner, - one, and the fame, in many places, and whole, in every
ralmanncrp^jj Symbols. This therefore is a Real, Subftantial, yet Sacramental
Prefence of Chrift's Body and Blood, not expofed to the external Senfes, nor Ob-
noxious to corporeal Contingences.
9.- Neither is the Body of Chrift in this Holy Sacrament, Seperated from his
ChHftin Bloud, Of hisBIoud from his Body, or either of both disjoined from his 5c»/and ^
either Divinity, but all and whole (») livmg Jcfus is entirely contained under either 51.57,58.
fpecics. Species 5 fo that whofoever rcceiveth under one kind, is truly partaker of the
Hence whole Sacrament, and no wife deprived either of the Body or Bloud of Chrift.
Communi- Yj,yg jj. ^ ^
onelind " Saviour Jefus Chrift left unto us his Body and Bloud,under two dijlinU
are no wift Species or Kinds ; in doing of which, he inftitiitcd not only a Sacrament, but
deprived alfo a Sacrifice} (.v) 2i Commemorative Sacrifice d\^\n€t\y (y)Jhew/ng h\s Death
either of or Bloudy Paffion, until he come. For as the Sacrifice of the Croft was performed
the Body diiilndt -Effufion of Bloudy fo is the fame Sacrifice Commemorated in that of *r.u u 19,&c^
•f Chrift odltar, by a difiin&ion of the Symkols,^ Jefus therefore is here not ^
Ofthe^Si-only to us, but (af for us: and the Church thereby enriched with a true, pro-
ti-tficeof per, and propitiatory (k) Sacrifice, ufually termed Bdafs. ^ . z,HeiMs. to.
theMafi. u, Catholicks Renounce all Divine Worfhip, and Adoration of Ihtages or "Cukeai. 19.
Worfhip pi(^ures (c) Gad alone we Worfhip and Adore: neverthelefs we make ulc
of and place them in (dj Churches and Oratories, to reduce our wan-
jyimpoVd dering thoughts, and EHliven our Memories towards Heavenly things. And far-
on catht- thcr, wc allow a certain Honour and Veneration to the PiSlure of Chrift, of the i K.^igs6.35.'
licks. Yet Virgin Mary, &c. beyond what is due to every Prophane Figure ; not that we ^amb' i"''
there is belicvc any Divinitj, or Vertue in the Picftures thcmfelves, for which they AaTs-Vj.
e Ve- ro be Honoured, but becaufe the Honour given to thePiclures is referred
toor things reprcfented. In like manner,
Piaures, 12. Thcrc is a kind of Honour and Veneration Refpe(ftively due to the Bikle,
to the Crofs, to the Name of Jefus, toChurches, to the: Sacraments, &c. as (e)
And other things peculiarly appertaining to God j alfo to the (/) glorified Saints in Hea- ejory.sE*. ? 5;
facrcj ven,as the Domeftick Friends of God } yea, (g) to Kings, Magifirates, and Supe. pra.99 5 Ph,i.io.
things. Earth, as the Vicegerents of God, To whom Honour is due. Honour may
be given, without any Derogation,to the Majefty of God, ot that Divine Worfhip f]o. if zl
appropriate to him. Furthermore, Rom"^ ^
13. Catholicks believe, That the hlejfed Saints in Heaven replenifhed with Cha-
rity, (i&) for us rheirhere on Earth ; that they (/} Bejoyce
Vviyeri to at ffur Converfionj that feeing God, they (fi^) fee andktiow in h/m all things fait~
Siintslaw able to their happj fldte; that God is Inclinable to hear their RequeUs made in iRev, 5. g,
our behalf •, f/J and for their fakes, grants Us many Favours J That therefore ' 15.'7*.'
itisGW, and Profitable to Defire their Interceffton •, And that this manner
Invocationis no more Injurious tb Chrift our. nor Superabundant in it 'Ejc. 32. u.
ftif, than it is for one Chriftian to beg the Prayers and Ajfiflence of, ot; another ^ ®
in this World. Notwithftanding all which, are taught not fo to Kclje
Yetfoas on the as to negledt their 5wn (« ) Duty to God: inImploring,mKom.ii,3(>^
nottoneg-his A/tfrc;'and Goodnefs: (0) in Mortifying the Deeds of the Flefh: in (^)
lea our Defpifing the World: in Loving and Serving God, and their NeighHsnrs: in "1311169 2. ly.
Dunes. Pollowingthe pootfteps of Chrift our Lord, who is the (r) Way , the Truth, and ^
the life: To whom be Honour and Glory for ever and ever, Amen. pRom. 12. 2. '
^ Gal 5. 6.
r Jolia 14. 6.
thefe
C50
THefe are the Prittciplety Thefe the Treafensy Thefe the IdoUtryeSy and Sf/per^
flitionsy which, though no other then what We hare Receiv'dofoivc I org'
fathersy and what the greateft part of the ChrifiUn World now profefs: yet have
drawn upon Us poor m Englandl'uch Dreadful fmijitments. I Befeech a Conclu-
you Sir, confider our Cafe, vvithout Vajfion or Prejudice y and lam confident fioa from
, you will fee, We are not fuch Monftersy as our Adverfaries Reprefcnt Us to Premi-
^ be: nor entertain fuch Principles, as are Inconfiftent with our Duty to God
and the King.
Youfeemtofay, This very with which We are charged, proves us Guilty
wicked Principles. But, under Favour, You here commit a Vicious Circle in
way of Arguing: For firrt, here are wicked Principles alledg'd to make good the
Proof of a Plot: And thefe being deny'd, the Plot is introduced to make out the An Obje-
wicked Principles: As if a Man Ihould jay a thingy becaufe-he thought jo: and ^'oriAn-
■ give no Reafon why he butonly becaufc hc/^;W/o j which inftead
Proof, is to beg the .^eflion. Certain I am, Cathelicks both Taughty and Pra-
difed Principles of Loyalty y at a Time, when the King and Kingdom felt the Dire
EfeBs of contrary Perfwaftons.
In Fine, whatfocver is pretended againft Us, it is manifeft We fufFer for our
Religion, and for our Religion wron^ully traduced. It is a farther Comfort to
Us, that our Sufferings (God bepraifed) arc in fome meafure, not unlike to
thofe of ChriU our Lord: For it was laid to his Charge, as it is to Ours, that fo/
aiu\-2i 2 ^ Traytor to (4) Cafar-, That he perverted the People, and endea- their Reli-
" " " ° vovred the (^) VeftruBion of Church and State: Nor were there wanting, gion.
t Jo.nil. 48. now, an O .ATS and B E D L O E, (c) two falfe Witnefes to Swear
t Mitt. 26. 60. ,t I ■ ferinesnoc
all this. tinliheto
Rom. 8.29. Thus God, I hope, hath Predeftinated Us, (as the Apoftle faith) to be con- jhofe of
Vcrfe 17. ftjyffg to the Image of his Son: to the end, that Suffering with Him, We may chrift our
(through his Mercy) be Glorified together with him. Lord.
Sweet Jefus Blefs our Soveraign : Pardon our Enemies: Grant Us Patience
and Eftablifli and in our Nation.
THus much of my Lord's L^rinciples in Reference to God and the
/6'»g 5 Whether they be-agreeable to Reafbn j and conformable
to the Law and Ghofpel of Chrifty I leave to the impartial Reader
to Judge.
SECT. IV.
My Lord's Declaration before the Honfe of Lords after
his Condemnation.
SOon after my Lords Tryal, feveral of his Relations and Acquain-
tance, (Tome out of zeal againft Toperjt, and others out of kind-
neft to my LordyJ were daily urgent with him to make Dilcoveries of
all he knew, as the only remaining remedy whereby to fave his Life,
regain the Kings favour, and attraft the applaufe of the whole Na-
tion. My Lord always reply'd. He was moji willing and ready out of
a meer fenfi r?/Duty and Conlcience (independent of any Temporal
advantage to hiralelf) to difcover with all imaginable Sincerity, theut-
moli
(53) . . ■
mmoJiofwhathekftcvp^ cithey to the^\t\g^ or Houfe of Lords, whenever
they required it. The Lords being inforraed hereof, Ordered his ap-
pearance before them the next da^'. When he came, and had audience
granted,he made his acknowledgments to this cffeft^ ' That he thought
' it flo crime in any Man to wifh his Neighbour might be of the (ame
* Religion wherein he himfelf hoped to be faved 5 Nay to leek, and pro-
*moteit by fuch ways and means, as the Laws of God, and the Na-
* tion allow. That there had been at divers times, and on fundry oc-
' cafions, endeavours uled, and overtures made to obtain an Abro-
^gation^ or at leaft a Mitigation of Severities againfl: Catholicky : But
'this to be procured no otherwile then by Legal and 'Parliamentary,
* means. That he himfelf went to Breda, whilfl: the King was there,
'and propounded 1000001, in behalf of the Catholicks, to fake off the
' penal Laws. That after the King came in, there was a Bill brought
'into theHoule, in favovr of Catholick^s, but it wasoppoled by my
Lord Chance Hour Hide. That th^e had likewile been framed by the
' Lord Brijiol and others, (in orddr to the propofing of them in Tarlia-
' ment,) feveral forms of Oaths, contained in fuch terms as might fully
* exprels ail Dutj and Allegiance to the King , yet not entangle tender
'Confciences vvithClaufes and Provifoes, dilagreeable to Faith, and no
' wife appertaining to Loyalty , but neither did this fucceed. That
* afterwards he had offered forae propofals, as well to the Lord Chan-
^cellour at his Houfe it Kenjtngton, as to the Duke ofTor\, concerning
'fbme lawful expedients, conducing to the good, C as he thought, J
' both of Catholickf and the whole Nation. And alfo about Dijjolving
* the long Parliament 5 the fubftance of which he likewile coramuni-
' cated to my Lord Sbaftsbury, who (aid. He doubted not, but that there
*xvould come great advantages to the King by it, Thefe he avouched
' were the chief, and only Deigns he ever had, or knew of amongffc
' Catholickj, for promoting their Religion 5 Of riiore then thele he pro-
' tcffed before Almighty God and their Lordjhips, he was wholly igno-
'rant. But this Declaration not being latisfaOiory towards the de-
tefting any Damnable Conspiracy, Lords thought fit without any
further Examination to remand him back to the Tovoer.
On this occafion, there run about both Town and Countrey an nni-
verftl Rumor. That the Lord Stafford had now made a full and per-
fed Difcovery of the whole, And that the Papiffs could not for,
the future have the Impudence to deny it, after the Confeflion (though
to fave his Life,) of lb Honourable a Perfon-j But this proved a mi-
ftake.' And by the way it was very obfervable. My Lords Adverfaries
took this falle Alarm with fo much eagerncfs and joy, as fufficiently
denoted ,• they were not well allured of the truth of the former Evi-
dence given againft him.
"a As. ■ y- ■ . -
P
SECT,
(54)
*
< _
s E C T. V.
My Lord's Comportment and Exercife after Sentence^
THe grcateft part of his time from his laft Sentence to his final
End^ he employed in ferious RetolleHion and fervent Trdryer,
wnerein he (eemed to receive a daily encreafe , both of Courage anci
Comfort, as if the E)ivine Goodnefs (lay the Tapijir ) intended to
ripen him for Martyrdom^ and give him a tafie of Heaven before-hand.
Indeed he behaved himfelf in all things like a Man, whofe Innocence had
, baniftied the Fear and horrour of Death.
Some few days before his Execution he received a Letter^ which be-
caufe it is fouly fufpefted to have come from Ibme Colledge or Semina-
ry beyond Seas, I Iball here let it down verbatim^ to the end every
one may fee how the Triejis treat their TenitentSj in the condition and
circumftances my Lord was in.
My Lord,
The Charader J bear , gives me fome Title, And the Jingulai^
ejieem I have for your Noble and Truly virtuous Perlbn and Fami-
ly, gives me Confidence to prejent your Lordlhip, in this your laji and
Grand Affair, toith a Confolatory or rather Congratulatory Letter. As
I daily mal^e my Supplication to God on your behalf Jo I hope I may
make my Addrelles to you en Gods behalf, lou are chofen by the King of
Kings, to Jhare with him in Immortal Crowns .• Tou are called from an
Abiffe of mifery to the top of Felicity : Tou now pay a debt on the Jcore of
Grace, vphichis due, and which you muji Jhortly have paid to the courje
of Nature. And herein my Lord, you are adorned with all the Tro-
rtLuke r?. phles of Jefusx Victory 5 He was Condemned of (a) HighTrealbn by
Matth. z5. . fal(e Witnelfes^r the love of youi And yen Jiand Condemned of the
fame Crimes, by the like Evidence for the love of him. Tet you (hall not
die my Lord'Tis a mijiake of this blind World, youJhall only pafs from
b Rom. 7. Death to a Jiate of Life 5 True Life^y Eternal Life 3 you Jhall
t Exod. '5.1+. be Transformed into htm, whofe (r) efTence it to live; (jd) In whom,
dCoW. I. ^ Yvith whom, and by whom, you fljall enjoy aWihit is (e) good, all that
«Exo . 33. j J lovely'-) all that is pleafant: And this enjoyment Jhall be in all its fuF
nefs, altogether, all at once 3 without Interruption, without Bound, Limit
or End. . '
The Omnipotent Creature of Heaven and Earth 3 The f archer of
Hearts 3 The dreadful ]udge of Men and Angels : He who Jujily might
otherwife peradventure have calf you into Eternal Fire 3 From whofe Sen-
tencc there is no Appeal. He, I fjy, will now be forgetful of pafi Frailties
regard you with a merciful Eye, with a pleaftng Countenance) a loving heart,
an open Arm, an endeared affeHion 3 Millions (^/Lawrels hang over your
, Head') Thoufands of Millions Glories and Sweets, attend you, which
/1 Cor. 2. neither (f) Eye hath feen, nor Ear hath heard, nor hath entered in-
to the heart of man. The Virgin Mother Jliall meet and conduH you to
her
\
(5S) ' '
her beloved Son 3 The Apoftles, Martyrs, and Confeffbrs, fiiaU receive
and accompany you 5 And all the blejjed Qmres of Saints and Angels JbaU
Celebrate your vi&or)\ and (g) Sing Halieluja's/d their celejiial King for g Luke t j-J
his Infpeakable goodnels to you.
My Lord, louwere made for the enjoyment of God, and now you ar^
rive at the accompUfoment of that End, youovte toGod aIJyou\i2i\e^ and
all you are 3 And novo you rejiore to him all., both what you have, and what
you are. O happy Reflauration, where the advantage is wholly yours, where
Mifiry is turned into Blifs, where Temporal into EternaU where God is
found, where Death (as the Apofile faith) is (Jhf Gain. The Innocence ^
of your Caufe, The Tiignity of your Religion for which you Suffer, entitles you
« to the merits of the Crofs, and Incorporates Tou to the Bloud and Paffion
of Jefus your Saviour, (i) If wc fhall be dead with him (^faith St. » *Tim. a. 12.
Paul,) we (hall live together with him j If we fuffer with him, we
Ihall Reign with him. Hence our Saviour himfelfi;, He that loofeth ^ ^
his Life for me, (hall fave it. Again, If (/) any Man will (erve me, /fohnia it
let him follow me. And where I am, there (hall my Servant be al(b.
Tou are going to the (mi) Nuptials of the Lamb. God who is all good, wApoc, ip,
is pleafed to (n) Impart himfelf entirely to you. Love hath made him ^ ^^
wholly yours 5 U hat need you fear^ What can you dejtre^ He that dyed
for the love of you, will now reap the Fruits of his pains, and joy him-
felf in you, with delights proportionable to his oivn-Goodnefs and Merits.
Tou are SeleU from amongft (oj Thoufands for the Efpoufals of Love ; »Cant. $.
Let nothing either paU or prefent dejeHyou^ nothing diSlurb you, nothing
retard you-., (p) Let not your heart be troubled, (J'aith our Saviour ) «Toba ia. r
nor let it be afraid.
As for the Crimes for which you fiand Condemned, God and your own
Confcience knows you are Innocent, All un-interefted Men believe you fo^
Tajfion and prejudice againllyour Religion, hath advanced the credit of
Perjured Terfons, and influenced your Adverfaries to carry onyour Death.
Had you been no Catholick, we all know, you had never been a Condem-
ned Man, So that it is palpably manifejiyou Die for your Religion, and
for your Religion wrongfully traduced. What greater comfort .<? What
greater glory .<? What greater happinefs, can arrive to a true Chriftian ?
(^) BlelTed (hall you be (faith our Saviour,) when Men (hall revile ,
you, and per(ecute you , and (hall (ay all manner of evil againft you ^
Falfly for my fake 5 Rejoyce and be glad, for great is your reward in
Heaven.
Concerning your real defe&s and frailties 5 Takg courage , take confi-
dence in God, my Lord 5 1 have already told you, what right you have to the
- PalBon of Chrift , prefeat Death, is more then a Tledge of future
Pardon, (r) Manyhns are forgiven her k faith our Saviour to Magdalen,)
becaufe (he loved much 5 to him that loveth le(s, le(s is forgiven. Now "
what it is to love much, he himfelf Jheweth, faying, (s) No Man hath ^john ly. ij.
greater Love then this. That a Man lay down his Life for his Friend.
Hence the Spoufe in the Canticles. (t) Love is (trong as death, g^c. And t Cant. i. 6.
our Saviour in exprefs terms affureth us. (uf He that loofeth his Life for
me, (hall find it.
Fird therefore, acknowledge your faults, with a Penitent Heart, and
frmly believe what the Scripture avoucheth. (x) If we confefsour Sins, ^ j j ^
he is faithful and juft, to forgive us our Sins, and cleanle us from all •
iniquity. Next offer with a chearful Heart^'t^w Life to God-^ In fatisfadfi-
on
(50
on for your offences ^ In union of the Sufferings of Chrifl: ^ hi a Sacri-
fice of Love. And then doubt not in the lexfi but that T)ying, as you do^
in, and for the Pioici^ion of your Faith 5 ]elus hath figned your Pardon,
and pronounced upon your Soul, thoje LAfe-giving words. Thy Sins are
_yLu.7.48.5c50 jfjy faith hath laved thee5 Go in Peace.
Neither let any endearments towards your Wife, Children, Friends or
Ynm\\y enfeeble your mind, chech^your Love, orimbitteryourjoy. Re*
;tMat. 10.37. member that Sentence of our Saviour. CsJ He that loveth Son or Daugh^
^ Gap. ip. ap. fgj- gbove me, is not worthy ot me. Again, (a) Every one that hath
forfaken Houles, or Brethren, or Sifters, or Wife, or Children, or Lands,
for my Names lake, (hall receive an hundred fold, and poffels eternal
Life 5 Ton cannot give God too much j Jon can bejiow nothing onhim^ but
* ivhdt you have received of him ^ and what, upon manj accounts, is injinitly
due to him. But in reality-y myLoed, you donot defertyour Friends, nor
they you, by rendring your jelf and them to God, fuffering for Jefus 5 Fie it
is Fiandeth Charged with the care of your Wife, Children, and Family 5
ipfai ^8.y. kimfelf, (b) The Father of Orphans, and Judge of Wid-
cExo. io. J. punifieth to the fourth Generation of them that hate
hims he blefteth, unto thoulands of them that love and follow him.
Affure your felf, my Lord, That for this one Fleroick. AH, ofgivingyour
^Mat. y. I o. life (d) for ]uftice,/or Innocence, for God, and Religion 5 you will not only
fecure to your felf everlajiing Salvation, but draw upon all your Family and
Toflerity thoufands of BenediHions, The Juftice of our Lord ( faith
David, (ej upon the Childrens Children, of them that keep his Cove-
/p&i. nant. Again, (f) Bleffed is the Man that feareth the Lord, that de-
lighteth in his Precepts, his Seed ftiall be powerful on Earth 5 the ge-
neration of the juft (hall be Bleffed. Lalily, that Sentence <?/Ecclefiaftes
gEcci®. ip. willfttly appertain to you:, (^) His memory (hall not pafs away, and
his name ffiall be preferved from Generation to Generation. Nations
fhall declare his Wifdoai, and the Church ftiew forth his Praife.
IJlsall not undertake to diHate unto j^iKr Lordftiip, }vhat Trayers or
Elevations of heart, are moFi proper on this occajton 5 The Holy Ghoft,
•whoofe Spoule, whofi Son, whofe Temple, whofe Viftim you are, will in-
fpire you with better thoughts then I can JuggeJi , I Jhall therefore here con-
tent my felf with fonte few Citations offacred Texts, out of which you may
^pfai. 27.12. npon occafion draw the comfort of TDevotion. (Ji) Evil Witneffes have
rilen up againft me and iniquity hath belyed it felf^ I believe to fee
ijoHn 11, ly. the goods of our Lord in the Land of the Living, fz) I am the Refur-
reftion and the LifeHe that believeth in me, (hall not dye for ever.
k]£z. 4^. I. (Jk) Fear not, for I have redeemed thee, I have called thee by thy
name, thou art mine. (/) Do not fear, for I am w^th thee,do not de-
wpmVi/h. eline, for my right hand hath fuftained thee, (m) Becaufe he hath
trufted in me, I will deliver him, I will proted: him, becaufe he hath
known my name. He (hall cry unto me, and 1 will hear him5 I am
with him in Tribulation, I will deliver hitn, and will glorifiehim, with
length of days will I replenifh hina , and will ftiew him my Salvation.
«jer. 51.3. lu perpetual charity have I loved thee 5 therefore I have drawn
opfaj.73. z6. thee to me, taking Compaffion on thee. (0) My heart and my flelh
pjohn 16.29. fainted. O God of my heart, my inheritance, God for ever, {pf
The World fhali rejoyce, and you fhall be fbrrowful 5 But your fbrrow
^Veife 53. turned into Joy, and your Joy none (hall take from you. (yff
rPfai. 27. p. Be confident, I have overcome the World, (r) Be thou my helper,, do
not
?l. f.
(57)
not foiTakc me, neither defpife me, O God my Saviour, (s) In thee r pai
0 Lord have I trulted, let me not be confounded, ("i) I live and you^Johni+. 19
(hall live , You (hall know that I am in my Father, and you in me, and
1 in you. («) Certain lam, that neither Death nor Life, c^c. can fepe- « Rom.g. 38.
rate us from the Love of God which is in Chrift Jefus oiir Lord, ("xj a; Rom. 14. g.
Whether we Live or Die , we are our Lords, (y) To me, to Live
Chrift, and to Die is gaine, (z) I defire to be Diflblved, and to be ^ Pfah'so.'j.
with Chrift. (a) Into thy hands O Lord I commend my Spirit. (^) Come ^ Mat. zj. 34,
ye blefledct my Father, poflels the Kingdom prepared for you. (c) c Z3. 43
This day (halt thou be with me in Paradife.
The God of hope (ill you with all Joy, and Peace in believing,
that you may abound in hope and vertuc of the Holy Ghoft.
Lordjloips moji devoted Servant
in our Lord- N. N.
THofe hours he (pared from Trayer or necefTary repofe, he be-
(lowed part in the entertainment of his Friends (though indeed
none were permitted to come at him, but under (evere Proviloes and
Reftfiftions) amongft whom he demeaned him(e]f with exceeding
Sweetnefi, Candor and Alacrity of Spirit, Connatural to him always j
but more efpecially after he had an affurance of his Death, Inlbrauch
that he could not endure to (ee any in grief or dejeiftion on his account.
For this reafbn his fad and difconfolate Lady (who alone touched his
heart, and who could no longer fupport the weight of her afilidlion,J
was forced entirely to abfent her (elf, from him the day before his
'Fajfage out of this World.
Some moments likewife he allowed to give his laft Jdieu by Letters »
to his neareft Relations 5 particularly to his aforefaid moll Dear
Lady^ whole incomparable vertue, and above forty years experienced
conftant affeiftion to himi, had taken a deep impreffion in his Sonl-y But
becaufe the Letters iherafelves exprefs his mind and difpolicion better
then I can defcribe it: Read here thele few Copies, which good Tor-
tune brought authentick to my hands. .
«
To my moji Dear and Kind Wife. .
My Dear and mod Kind Wife.
f OD of his Mercy and Goodnefi, 1 mojl humbly befeech him to rr- The Letter
ward yon for your extraordinary Kindnefs and 1. ove to me'-y 1 am to his Lady.
fnre, nt> Man ever had abetter Wife in all kjnds^ then yon have
been unto me \ J am moji heartily forry^ that T have not been able
to Jkeiv how happy I have held my felf in the great blcjjing which God Wits
pleafed to afford me fn having yon, not only for the great Family to rrhich
ynn are the undoubted Heir and Eftate you brought me and mine'-, but for
the great Love you have always born me. IJincerely ask^you TarJon with
all my hearty for all that 1 have done to give you any difUkp-y 1 hywwyon
will forgive me out of your Iffndnejs and aJfcBion, you have jo often JJyewn
unto me more then I deferved j Tf 1 Jloould repeat all tbe'kindnefs and af-
fell ion you have Jisewn unto me, and of all which 1 am moji fenfible, JJljonld
not k?ow when to end : God reward yon. Jon were prefent this day when
Q_ Mr.
(58)
iV/r.Licvtenent brought me word of the day ofmy the trouble
it brought unto you. I do mofi willingly jitbmit my felf to Gods Holy will,
and fince he J^novos how Innocent lam, and how^&Mly 1 am Sworn a-
gainji ^ / am moji confident, that the mofi Trinity rr/V/, through
the Merits- and Raffion of our Saviour Jefus Chrift, grant me a place in
Heaven ofha^pinefs, to glorify God to all Eternity amongfi his Angels
and Saints j the iowefi place in Heaven being an happinefs above all the
Kingdoms of the Earth. I give God mo^l humble thanky, that 1 am ab-
folutely quiet within my felf from being guilty even fo'much as in a
thought, of that Trealon I am accufed of and never had a thought ofany
thing againfi the Perfon or Government of his Majefty. And what I
did towards the introducing of? the Catholick^ Religion , was no way
but that which I thought to be for the good of the Kingdom by Adt
of parliament. I do as^ of the Eternal and Merciful God , mofi humbe
Kardon for all my great Sins, hoping in the mercy of Chrift Jefus, through
his mofi facred Paifion, to {obtain remijpon of my Sins , and Life ever-
lafiing in Heaven. God proteil and keep you, and ours, in his holy
grace. My dear 7 befeech you, by the l<rve you always bore me, afiiHyour
felf as little as you can, for the unexpe&ed, yet I doubt not, but blejjed
end off Yours, &c.
To my dear aftd entirely loving and beloved Wife.
My moft dear and loving Wife-)
T^e fecond -y j- pfg^jgd God of his infinite mercy, to bring me into the con'
Lady!'° § dition I am in'-, I take it for a mercy much greater then J could de-
M- ferve or expeH. Tarn heartily forry, Ihatl have not been Jo jenfible
of the blejfing God was pleafed to befiow on me, by giving you unto
me, as 7JlsoUlU have been 5 for I do from my heart acknowledge, thai you
hare been a mofi kfnd loving Wife, as any man could have ^ and I was not
worthy of you i T pray forgive me of any and all things that 1 have ever
done to dijpleajeyou. I have not now many hours to live, God fend me
to makg a good end 5 I humbly thanks him, I have a great confidence in his
mercy 5 ylnd J do hope through the merits and Pafiion of Jeius Chnff our
Saviour, to obtain everUfiing happinefs. I befeech God to reward you,
t- andblefs you, and fend you all happinefs. I befeech -you by the love yen
have always born me, to bear this my end as well as pojjiblyyou can : And
put my Innocence into the ballance of my Death. J pray God to blefi all
Children^ who I hope wiB. be obedient to you. 1 mufi not forget the
^ains and Care, that my Daughter Winchefter ^4/^ taken, in an extra-
ordinary kind, and difcreet way 5 7 mufi likewife own, how groundlefs
that report was, that hath been Spread abroad. That you, and Jhee, by your
entreaty and perfivafions, have kept me from Dilcovering my k>iowledge
of the Plot Jo much (poken of', when God knows I know nothing to Difco-
vcr, and JJ)uIl as totally Die Ionocent< as any Slan ever did, not having
in the leafi ever had a Difioyal heart to his Majefty. God 'Preferve you,
and ours, and find us an happy meeting in Heaven, wliich is the hearty
Vx^y^cofhimthat Poriy lears kad the Honour to bear lour name, and now
is returned unto the name of
My dear Miftrefs , Your raoflE
St. Stephens day, 163o* affedtionare loving Husband,
William Howard.
Dear
(5:?)
Dear Harry, ,
GOO of hit Mercy, 1 am conftdent hath brought me hither to let me Another to his
fee hove vain all worldly things are, and how tee deceive our jelves. Son Henry now
when we thinly of any thing, but how with Tdevotion tee may duly ferve him ^ Stafoi-a.
J hope by the mercy t>/God to obtain everla^iing Salvation 5 Tise AU-kyiovo'
ing God fees hove Innocent I am, from the Crimes I am charged with:
it is a comfort unto mejhat none of my til ate will in any way he Forfeited,
but all comes unto you, as if I had 'Died a natural Death. Ihefeech God
to Ble(s^t?«, and makg you happy in this World, and the World to come^
and the only way to be fo, is never to leave truly feting God upon no ac-
count whatpever. I kuovp you will carry your fef^jththat duty to your
Mother, and love and kindnefs to your Brothers, as is fit for you to do 5 So
again befieching God to FroteH you and Govern you in Righteoujnefs,
I am
Your men: loving Father,
William Howard.
Good Child,
TH E Condition I am in is fuch, as T dcuht not but that God ^4?^ For my Son
brought me into it for the good of my Soul, his holy name be praifed
for it'-) IwiUingly and chearfullj fubmit unto it. I bejeech God to blefs
ym, and fend yon eternal Happmefs, which is the Teayer of
' i ■ '
Your afFeftionate Father
William Howard*
Good Daughter,
I Know you will beare what happens unto me with Tatience and Refigna- Formy Daugh-
tion : I tbanh^God that 1 know my felfin every kind Innocent 3 and Frfuia.
that ^ have confidence in Gods Mercies, and doubt not but through the
Mercy and Paliion of our Saviour, to obtain everlailing happinefs. I
Pray God bleft You. I am
Your affeSionate Father,
William Howard),
My good Child,
THis is the lafl iinie I Jball Write unto you, I pray God blels you. -n i.
lour poor Old Father hath this comfort, that he is totally Innocent
op what he was accufed of, and confident t^/Gods. Mercy 3 and through the
Merits of our Saviour, I hope jor Salvation, I take great content in my
Innocency, and willingly refign my felfto -Gods Holy will. 1 am very
much-trovbled to leave my VVife, who hath been Co extraordinary a good
and kind Wife unto me, more then 1 could dejerve : God reward her* ,
So with my bltffing unto you, lam
Your modlovingFather,
• U illiam Howard.
He writ alio upon occafion, ieverai little Papers or Notes^ wh?re-
ofl have only theft two or three Codies. -
rfo)
1680.
*TN the Name of the Father and of the Son, and of the Holy Ghoft.
I * Upon Tuefday the of November the Feaft of St. Andrew^ I was
^"brought to my TVyal in WefiminUer-NaU before the Peers, Lord
Chancellorbc'mg Nigh Ste«>ardj my Tryal continued until that day,
*feaven-night the of December-^ upon that day I was found Gw/T/y
*■ of Nighlreafon and condemned to die. I give God thanks for his
* great mercy and goodnefs that he hath been pleafed to think me wor-
*thy of this Sentence^ in fatisFaftion for my other great and hainous'of^
' fences which I have committed 5 And I hope that through the glo-
^riouspajJioKof our Savour Chriji Jefut, and through his pretious hloud
' and merits, he will be mercifully pleafed to receive my Soul into eternal
*HappifJefs, in his prefence amongft his Angels and Saints. I conceive
'this Sentence is fallen upon me upon the account of the Religion that
' I am of^ If I had numbers of lives, I would lofe them all , rather
' then forfake that Church, that I am of 5 and which I am well affured
* that it maintains nothing but what is well warranted by the word of
* God. I do with my whole heart forgive thofe Perjured men that fwore
'lb falfly againfk me 5 I wi(b them no greater punifhment then to re.
'pent, and to acknowledge the wrong they have done me 5 I do alfb
' heartily forgive my Judges, and if any of them have given their Votes.
* contrary to their Conjciences^ God for forgive them, I do it willingly.
Another Note. 'TT^YOvv extrcmly fhouldl think my felf bound to the King if in this
^ ^ ' Condition that I am brought into by the Terjury of Villains
'that ivvore faljly for gain, His Majefty fhould be gracioufly pleafed
'to grant me my life 5 But hov/ infinitely beyond that hath His Divine
^ MajeUy fhevved his mercy and goodnefs to me, fo many times pardo-
* ning thofe great, and many offences, which the Icaff of them defer ved
'an Eternal punifhment.. And of his infinite mercy been pleafed
'to prelerve me thus long from his juft 5 And hath brought
'me hither firtf a 'Prifoner, when I had not done any thing in the leafl
'by the Lato to deferveit; and now hath pleafed to bring me to ray
^Condemnation: How inexplicable are his Mercies unto me 3 And if I
'do not cordially and really repent, having this great time torecoliedi
'my felf, nothing can excufe me. Nay even at this time when I am
'hourly looking to hear of the hour of my Execution, I have time by
'his Omnipotent mercy to lay my proflrate on the ground, to
' ' beg his Pardon , and acknowledg his infinite mercy and goodnefs ^
^God grant me grace to refleftasl ought on all thefe afTurances, and
'as fought to do, love hi.s Divinity and nothing created indepen-
» 'dentlv of him 5 Nothing in this World but the Holy Trinity defer-
* ving the whole love and Adoration of Mankind. God give me grace
'to love him, and only him. And though I cannot do it fb well as
' otherwife I ought, yet I hope f do it what f can 5 And do firmly re-
Tolve by his holy Grace I will to the uttermoft of my power, fb long
* as it fhall pleafe him to give me my life, wholly and willingly to re-
*fignmy felfto his Nolj will ^ and doubt riot by hisGr-jce but to find
' more true delight in ferving him, then ever I did in the vanities of the
'World. All Glory Praife and Honour be civen unto him for all Eterni-
*
THere was likewife found in his Chamber, this following Prayer br
Refignation. *Thoa haft izxdOLord, he th^tloves Father orMo'
^ther^ &c. more then me is not worthy of me. I acknowledge moft dear Lorily
< that I love my Wife and Children^ as much as a loving Hushand and ten-
* der Father can love a moft delerving Wife, and moft dutiful Children :
' but to ftiew that 1 love thy Divine Majeily more than them, and my
*own Life to bootj I willingly render up, and forfake both for the
* love of thee, and rather then to offend thee, though by the contrary
* I may have life and all worldly advantages both for my felf and them.
* Receive therefore Dear Jejus, this voluntary Oblation both. Take
* us into thy protedion. O Helper in opportunities, in fribulation. Be
'thou a Judge and Spouje to the Widdowj a Father to the Orphans, ahd
^Salvation to all our Souls. I rejoyce to have io dear a Pledge to Offer
' and prefent thee, for all thy bleflings, and benefits beftovVed upon
' Us 5 and for thy fake, who offeredft thy felf for us to Death, to the
* moft ignominious Death of the Crofs. Receive therefore Sveeet Jefus,
' this pool Oblation of mine (though all I am able to offer thee ) in union
' of all the Oblations of thy moft Sacred Life,Deaih and Tajfion, and of
'ail thofe Divine Oblations, which have been, are, and ever (hall be
' offered upon thine Altars, All which t Offer thee, and by thy hands
' to thy eternal Father. O Father, look upon the face of thy Chtijl, and
^ turn away thy face from my Sins, OYioly Mary Mother of God j all ye
'Holy Angels and Saints in Heaven make Intercefiioh for me, that
* what I deferve not of my felf^ may by your Interceflion be beftowed
'upon me. Amen, Jefu. Amcii. Grant and ratifie what I ask, for thy
* Names fake. Amen.
'On Sunday the ip'*' of December Mr Lieutenant of the Domr, came
' to him, and told him. He was firry, he muji bring him the ill news
* that he muji dye en the of this Month. To which difmal Mefl'age
he undauntedly replyed, I mu^i obey':, Then added in Latine that Text
of the Tfalm Hac dies. See. This is the day which our Lord hath made,
let us rejoyce and be glad in it 5 After which turning hirafelf to his almoft
dead-ftruck Lady, he laid, Let us go to our Trayers.
UPon this occafion alfo he writ a little Schedule containing thefe
' words 5 Tn the name of the Fatther, and of the Son, and of
' the Holy Ghoji. This day Mr. Lieutenant came and told me, I muji
^dye. God's holy name be praifid 5 and I proftrate befeech him, to have
'mercy on my finful Soul, And deal with me, as his Omnipotence
' knows I am Innocent, of what was falfly fworn againft me 5 I do not
' doubt of Salvation through the Tajfion of our moft blefled Saviour.
IT was truly a matter of wonder and aftonifhment to thofe who lived
and were converfant with him during this fhort remnant of his life, to
Ite with what Conjiancy and equal temper of miiid he comported himfelfl
What interior and ferenity he feem,d to injoy.- What confi-
dence he exprelied in Godj VVhat Charity 10 all, even to the worft of
his Enemies. Death hath ufuall y an alpedl formidable to nature, efpe-
cially when Treafon and Murder flie in the face of a guilty Confidence. A
man who hath warning and leifure deliberately to confider, he is now
R upon
upon the point of being juft dragged cut of this mortal State, before
the dreadful Tribunal of a fevere "judge, who knows the Secrets of
his Veart, there to receive an Eternal Tioom of Hell and Damnation
for crimes detefted by God and Nature* This man furely can never
die, without fuch Conflifts of horrour and defpair as will almoft pre-
vent the hand of the Executioner, yet there appeared in my no
other fymptoms, then thofe of a moft pleafing Tranquility, s^s \nHno'
cence had Guarded him 5 As if the Injuftice of others had fecured
him 5 As if the Holy Ghoji had fortified him. As if Chrifi Jefus had
united him to his Sufferings, and undertaken hiscondudt and defence.
THat very morning he was to dye, he writ a Letter to his
Lady which afterwards he delivered on the to a
Friend there prefent, the contents whereof are thefe.
>
My Dear Wife,
I Pave, I give God humble thanks, Jlept this night feme hours very
quietly I would not drefs me until I had by this given you ihankj for
all your great Love and Kindnefs unto me, I am very ferry, that I have not
deferved it from you ^ God reward you Were 1 to live numbers of years,
1 affure you I would never omit any occafeon to let you know the Love J bear
you 5 J cannot fay ivhat 1 would, nor how well and many ways you havs
deferved. God of Hismo^ infinite mercy Jend us an happy meeting in
Heaven. My requefeuntoyou is, that you wiU bear my Death as well
as you can, for my jaky. I have new no more to do but as well as 7 can
(though not fe well as I would. ) to recommend my Jinful Soul unto the
mercy of the Holy Trinity who through the Paffion, Bloud and Merits of
our Savour, 7 hope will mercifelly grant me a place, (though the lowefe,)
in Heaven, God grant it, And bl^syou and Ours,
St. Thomas of cant^^bHr/s day Your ttuly loviog Husband
1680. paftfix in the Morning. William Howard
The Manm- and Circumjlances of tny Lord's Final End,
WHen the hour appointed for his Death, drew near, he exfpe-
fted withfome impatience the arrival of Mr. Lieutenant, tel-
ling his Friends that were about him, he ought not to haffen his own
death, yet he thought the time long till they came for him. A Gentle-
man then with him in his Chamber put him in mind, that it was a
cold day, and that his Lordjhip would do well to put on a Cloak or
Coat to keep him warm 5 Heanfwered^ He would 5 for(faid he J I
may perhaps (hake for cold, but I truft in God, never for fear. After
fome time fpent in Spiritual difcourfes, at length about Ten a Clocks
word was brought him, That Mr. Lieutenant waited for him below 5
upon which he fweetly faluted his'Friends, bidding them not grieve
' for him 3 for this was the happieji day of all his Life 5 then he imme-
diately went down, and walked along by the Lieutenants Chair fwho
had the Gout) through a lane of Soldiers to the Barrs without the
Tower. ThexG the Lieutenant delievered him to the Sheriff!}, and they
from thence Guarded him to the Scaffold erected on Tower-Hill* All
the
(^3)
the way as he paffed, feveralihoufands of People crowded to fee hitn j
many civilly laluted him 5 and few there were, amongft that vafl:
number, whofe hearts were not touched and mollified with Compajfion
for him. Having mounted the Scaffold there appeared in his Coun-
tenance fhch an unufual vivacity, fuch a Chearfnlmfs, fuch a Couffdence^
fuch a Candor, as if the Innocence of his Soul had fhined through his
Body. Nothing of that Mortai palenefs, Nothing of thofe Reluftances,
Convulfions, and Agonies, incident to perfons in his condition, could
in the leaft be perceived in him. He looked Death in the face with
fo undaunted a R,eroIution, as gave many occafion to fay; Grace had
left in hint, no ^'ffentmentf of J^ature. After a (hort paute, viewing
the People, apd finding them attentive to what hefiiould lay, he ftept
to one fide of the Scaffold, and with a Graceful Air, and intelligible
Voice pronounced^his Uii Speech as followeth. ,
V. 3': ■!
My Lord's lajl Speech.
'fXjY the permiffion of Almighty God, I am this day brought hither
'to Suffer Death,zs if I were Guilty of High Treafon. I do molt
'truly in the prelence of the JCternal, Omnipotent, and All-knowing God,
''proteft upon my Salvation, that I am as Innocent as it is poflible for
'any Man to be, Co mucfi as in a thought, of the'Crimes laid to my
'■Charge.
'I acknowledge it to be a particular Grace and Favour of the Holy
'■Trinity, to have given me this Long time to prepare my lelffor Eter-
' nity, I have not made fo goot^ ule of that Grace as I ought to have
' done 3 partly by my not haying lb well recoUeUed my felf, as I might
'have done 3 and partly becaufenot oTi\y my Friends, h\xt my Wife znd
' Children, have for leveral days been forbidden to fee me, but in the
' prelence of one of my Warders. This hath been a great trouble and
'■diJiraHion unto me, but I hope God of his Infinite Mercy will Tar don
* my Defers, and accept of my good Intentions.
' Since my long Imprifonment I have confidered often what could the
^Original Caufe of my being thus Accufed, fince I knew my felf not
'■Culpable, fo much as in a thought'j and I cannot believe it to be upon
'any other account then my being of the Church of Rome. I have no
'realbn to be afliaraed of my Religion, for it Teacheth nothing but the
' Right Worjhip of God, Obedience to the King, and due Subordination to
' the Temporal Laws of the Kingdom. And I do fubmit to all Articles
'of Faith believed and taught in the Catholich^Church, believing them
' to be moft confonant to the IVord of God. Aad whereas it hath lb
'much and often been objefted, Thai the Church holds that Sovereign
' Trinces, Excommunicated by the Pope, may by their SubjeHs be Depojed
' or Murthered: As to the Murther of Princes, I have been taught as a
* Matter of Fa/th \n the Catholick Church, That fuch Do&rine is Tiabo-
' lical. Horrid, Detefiable, and contrary to the Law of God, Nature,
'and Nations : And as fiich from my heart I Renounce and abominate
'it. As for the lOoUrine of Depofing Trinces, I know Ibme Divines
' of the Catholick, Church hold it, but as able and Learned as they have
' Written againft it; But it was not pretended to be the DoUrine of the
' Church, that is, any Toint of Catholick^ Faith: Wherefore I do here in
'my Confcknce declare, that it is my true and real Judgement, That the
' fame
(64)
* (ame TioUrim o^T)epoJtng Kings, is contrary to the Fundamental Lam
'of this Kingdom, Injurious to 'Power, and conftquemly
'would be in me or any other of His Majefties Subjects, Impious and
'■ Damnable. I believe and profefs, That there is One God, One Sa-
' viour. One Holy Catholick^Chnrch, of which through the Mercy, Grace, ,
'and Goodnefs of God, I die a member.
*To my great and unlpeakable grief, I have offended God in many
' things, by many great Offences, but I give him moft humble thanks, not
* in any of thofe Crimes of which I was Accufed.
* All the Members of either Houfi having liberty to propofe in the
^Houfe what they think fit for the good of the Kingdom, accordingly I
^propoled what I thought fit, the Houje is Judge of the fitnefs or unfit-
' nefs of it •, and I think I never faid any thing that was unfitting
* there, or contrary to the Law and Vfe of Tarliament: for certainly
'if! had, the Zordx would, (as they might,) have punifhed me: folam
* not culpable before God or Man.
*It ts much reported oi' Indulgences, Dijpenfations, and Fardons, to
' Murther, Rebel, Lie, For/wear, and Commit fiich other Crimes held
*and given ia the Church 5 I do here profefs in the prefence of God, I
* never Learned, Believed, or Praftifed any fuch thing, but the cos-
•trary^ And I fpeak this without any Equivocation, or Refervation
* V. hatfbever: And certainly were I guilty, either my felf^ or knew of
'any one that were Guilty, whofbever, that were fb, of any of thofe
* ( rimes ot which I am accufed, f were not only the greatefl: Fool imagi-
'nable, but a perfeft Mad-man, and as wicked as any of thofe, that fb
'fallly have accufcd me5 If Ifhould not difcover any ill Defign I
* knew in any kind, and fb upon Difcovery fave my Life 3 1 have fo
'often had fb fair occafions propofed unto me 3 And fb am guiltv of
•Self-Murther, which is amofl grievous and hainous Sin 3 and though
*I was lafl: Impeached at the Lords Bar, yet I have great grounds to
" believe, that I was firfl: brought to Fryal, on the belief, that to lave
•my Life, I would make fbme great Difcovery 3 And truly fo I would,
' had I known any fuch thing of any ill Defign or Illegal Dangerous Tlot,
'either of my (elf or any other !Pc^« whatfbever, without any Ex'
* ception. But had 1 a thoufand Lives, I would lofe them all ■, rather
' then Falfy accufe, either my felf or any other whatfbever. And if I
' had known of any Treafon,and fhould thus deny it, as I do now upon
* my Salvation, at this lime, I fhould haVe no hope of Salvation , which
' now I have through the Merits of Chrifl jefus,
' I do befeech God to blefs His Majefy, who is my Lawful King and
^Sovereign, whom I was always by all Laws HumaneandDivine, bound
' to Obey, and I am fure that no Tower upon Earth, either fingly or all
•together, can legally allow me, or any body elfe, to lift up a Hand a-
'gainli him, or his Legal Authority. I do hold that the Confiitution of
* the Government of this Kingdom, is the only way to continue peace and
•quietners3 which God long continue.
' Next to Treafon, I hold Murther in Abhorrence, and have ever done,
* and do 3 And I do fincerely profeG, that if I could at this time f ree my
' felflmmediatly, and EUablif what would,and what Govern-
* ment I would, and make my felf a% great as I could wifh, and all by
^ the death of one of theie Fellows, that by their Terjuries have brought
* me to the place where I am, I fo much abhor to be the caufe of any
'Mans
' Mans Jeath^ that .1 would not. any way be thqcaule qf ihcir Murihc^ y
*hovv much le(s would I endeav.our the Jjjaljh:al'ivn ot hxi, Majefiy^
' whom I hold to be as Gracious a King as ever, this or any other Kation
'had 3 And under whom the 'People may enjoy their Liberties^ as much
'as ever any did , And if it pleale God to grant him Life and Happinep,
'according as I have always JKifljed and Prajcd for, I am njorally per-
'fwaded, that he, and all his P)ominions^ will be as happy and projperous
tver people were ^ Which I befeech GW grant. ,
'I do molt humbly ask Pardon of the Almighty and AII-merciful Gotl,
'for all the great 1 have committed againft his Divine Majefy,
'and I know he would not have the Death and Confttjion of a Sinner,
' but that he may Repent and Live: In that aflurance I hope, knowing
' he never delpifcth a Contrite Jdeart, And though I have not fb feeling
' a Contrition as I would, yet I have it as well as I can, and I doubt not
' but that God will accept of the Good Will.
*I dp defire that all People will forgive me any Injury that I hat-e
' done them in any thing, either Wilfully or by Chance, and I do hear-
'tily forgive all People jn this World that have Injured me 3 I forgive
'even thole Perjure4 Men, that Co laljlj have brought raeluther-by
''their Perjuries. ; ... •
'I do now upon my Pleath and Salvation aver, That I never jfpoke
one Word either to or Turbervil, or to my knowledge ever law
'fhqm, uptih-my 'Trytl: .And for Dugdale I ney^rTpoke unto him of
any thing; but about 4 loot-boy, or loot-man, or Foot-race 3 and never
was then alone with him; All the Punifhment th^t I wilh them, is,
that they .may repent and acknowledge the Wrpng that they have
done mey then it will appear how Innocent I am : God forgive them!
'1 have a great Confidence that it will pJeale Almighty God, and that he
' will in a Ihprt time hrm^Truth to Light 3 then You and all the World
' will Ibe and know what injury they have doneme. , - b
'I hope that I have made it appear, that I have ibme Confcience 3 for
'/if I had none, certainly,I , would have faved my Life by acknowledg-
'ing ray felf Guilty j which I could have done, though I know I am'
not in the leaft Guilty. An.d I having Ibme Confcience, make very ill
ufe of it 3 fop I throw ray lelf into Eternal Pain^ by thus plainly and
conftantlv denying thus at my Deaths the knovyledge of what I am
accufed in the leaft. .fv , . "
I have faid thus much in dilcharge of my Confcience-, and do. aver
iipop my Salvation, what I. have faid to be really true,
'I (hall fay lirtle of my Tryal-.^ and whether it were all according to
the known Law, I am too much a Party to fay much of it 3 ifit were
^not foj GW forgive him or them that were thecaufe ofit.
'My Judges were all Perfons of Honour, who were all as much
bound to Judge rightly, as if they had been upon Oath upon
what was legally proved 3 And hot to Vote but according as in
their Confciences they were fatisfied 3 And u any of them did
otherwise, upon any account whatfoever, I befeech God forgive
them 3 I do heartily.
' I ihall end with my hearty Prayers for the happinefs of his Majefly,
that he^.ay enjoy all happinefs in this World, aftd the World to come 3
and govern his People according to the Laws of God, and that the
People may be fenfible what a Blejfmg God hath to miraculoufly given
S ' them
(52)
* thetn, and obey him as they ought. I ask Tarden with a projlrafe
* Heart ef Almighty God, for all th.Q great Ofencer that I have commit-
*ted againft his 'Divine Majejly, and hope through the Merits
'and 'FaJJion of Chrifi Jefns , to obtain everlafting Happitiefs,
'into whofe hands I commit my Spirit, asking Fardon of every
' Terfon that 1 have done any wrong unto : I do freely forgive
' all that have any ways wronged me 5 I do with all the Devotion
' and Repentance that I can, humbly invoke the mercy of our Blejfed
'Saviour.
' I befeech God not to Revenge my Innocent Bloud upon the Nation ,
'or on thoft that were the Canfe of it^ with my laji Breath. I do with
•my laji Breath truly ajjert my Innocency, and hope the Omnipotent AO-
'feeing JuJi God will deal with me accordingly.
HIS Speech being ended, he delivered leveral Written Copies
of it to the Sheriffs and others near him, (one of which.
Writ with his own hand, he fent to the King,) Then he returned
to the middle of the Scaffold, where, encompaffed by his Catholic^
frnndfo He kneeled down, and revereitly making theof the
Crojs, pronounced aloud, with exceeding Devotion, thisiollowing
trayer,
^Gnofco (Domine^cCu) peccata mea, multa magna, pro
^ yni ^uibus timeo j fed jpero in milericordia & milerationibus tuis,
^ quarum non eft numerus: Secundum igitur magnam miferi-
cordiam tuam milerere mei, & lecundum multitudinem mi-
lerationum tuarum dele iniquitatcm meam. Si Teccata mea magna
funt, major eji mifericordia tua : Si multa, infinita junt mijerationes tua:
Si ego commiff, unde mepojjis condemnare, Tu non amiflii,u>tde petes, (jf
foles falvare. Credenti in potentia tua, fjf* dicenti, Domine fi vis, potes
me mundare, tu ftatim refpondijii: Volo 5 mundare; Credo, quod ipje
credidit 5 Spero quod ipje Jperavif, Implore quod ipje imfloravit. Dicigi-
iur anima mea, Salus tua ego fum: Sana me, Domine Sclanabor:
Salvura me fac, & (alvus ero, & mifericordias tuas in jeternum cantabo.
Ne projicias me igitur a faci^ tua, & Spiritum fanftum tuum ne auferas
a me : Sed redde mihi Ixtitiam Salutaris tui, & Spiritu principali con-
firma me. Tu dixilii, dulcijjime Jelu, Convertimini ad me, & ego
convertar ad vos: Ego me, ex toto corde meo, ex tota anima^ ex totX
mcnte mea^ converto ad te , Converte te igitur mifericordijjtme, ad in-
dignum famulum tuum quern pretiojb fanguine redemijii' Tu dixiSfi,
Omnis qui conhtebitur me, coram hominibus confitebor, & ego euin
coram Patre meo, qui in coelis eft. Ego te, df San&am tuam Religio-
nem Catholicam vivens conffteor, df moriens, adjuvantegratU iu», con-
fitebor: dignare me igitur jujcipere^d' conjiteri coram patre tuo,qui in Coslit
eji. Jn tUa promijfione , non in men Jujiiti f confide. Vitam quam de-
diHi mihi, libenter tibi reddo fecundum beneplacitum tuum: In manus
tuas commendo Spiritum meum, qui moriens Spiritum tuum in aterni Ta-
iris manus commendajii. In pace igitur, in id ipjum dormiam d* re-
quiefcam, quoniam tu Domine, fingulariter in fpe conjtituiSJi me, AmeOj
Jefis, Amen.
EngUjljtd
EngliJJ?ed thus.
*T acknowledge (O 7ej«/) my Sins to be many, and great, for
'which I am affi-aid 3 but I hope in thy mercy,and commiferations
' which are without number, Have mercy therefore en me according to
* thy great mercy,and according to the multitude of thy tender mercies,
* blotout mine iniquity. If my Sins be great,thy mercy is greater3lf many,
'thy Commiferations are infinite. If I have committed that, for Which
' thou mayeft Condemn me, thou haft not loft that, by which thou canft,
'and artaccuftomed to Save. To him, that believed in thy Power, and
'laid, O Lord, If thou voilt^ thoH canjl make me cleAn't Thou prefentiy
'anfwercdft, I will-, Be thou clean: I believe,what he believed, I hope,
' for what he hoped, I Implored, what he Implored. Say therefore to
'my Soul, I am thy Salvation^ Heal Me, O Lord and I (hall be
' healed 3 Save Me, and I (hall be laved, and I will fing forth thy mercy
'for all eternity. Caftme not therefore away from thy Face, and take
'not thy Holy Spirit from me 3 But render me the joy of thy Salvation,
' and with thy Principal Spirit Confirm me. Thou haft laid, O moft
' Sweet Jefus, Turn to Me, and I mil turn to Tou: I turn my lelf to Thee
' with my whole Heart, with ray whole Soul, with my whole Mind 3
'Turn thy lelf therefore (O moft Merciful) unto me, thy unworthy
' Servant, whom thou haft redeemed with thy nioft Precious Bloud.
' Thou haft Every one who Jball cohfefs me before Men, 1 will confefs Mat. 10. 3i.
* him before my Father which is in Heaven. I, Living Confels thee, and
'thy Holy Catholick,Religion, and through the alfiftance of thy Holy
'Grrfce will confels thee Laying'. Vouchlafe therefore to Receive and
' Confefs me before thy Father which is in Heaven. I confide in thy
' Promile,not in my own Juftice 3 The Life, thou haft given me, I wil-
'lingly render thee according to thy good pleafure. Into thy Hands
^ commend my Spirit, who Dying didft commend thy Spirit into the
' Hands of thy Eternal Father.peace therefore, in that one thing, will 4-
* 1 Sleep and Reji 3 becaufe thou, O Lerd^ halt fngularly EBabliped me
' in hope. Amen, JESVS, Amen.
TO this Prayer he adjoyned leveral other Pious Ejaculations,
wherein with lingular Compundtion, and aboundance of 5
he Implored the Tiivine Mercy and Pardon for his Sins paft 3 He re-
commended his Soul to his dear Redeemer fefus't He blefled his Holy
Name-., And offered his Life to him, a willing Sacrifee of Gratitude,
Piety, and Love.
Remaining ftill on his knees, he again protefted his Innocence with
all the afleverations a dying Chriftian is capable to make. Then riling
up, he a lecond time faluted the people and walking to each fide of
Scaffold, 'Told them, they had as good and gracious zKing as
'ever Reigned. He earneftly exhorted them to be faithful and conftant
' in their Allegiance to him. And that no pretence whatfoever Ihould
'withdraw them from their SDa#;. He wilhcd with a feeling relent-
' ment that none might be leG Loyal to His Majefiy then he had been.
And it was very remarkable in him 3 He never feemed tranfported with
any fervours, or Extafies, but either in his Prayers to God, or in his
exprellions of Loyalty to the King 3 Then indeed he was all Flame,
and
: (68)
and you might read in his very Eyes, the tender Emotions, and Zeal
ofhis heart. He likewife aflfured them upon his Salvation, he knew
no defignthe T)u\e of Torever had againft the Kwgy But that he had
behaved hirafelf for ought he knew, as a loving Loyal Brothtr ought
to do 5 Then he again declared his own Innocence, and defired the
Prayers of all good Chriftians for him 5 He Prayed to God heartily to
blefs xhe King, and preferve him from his Enemies, To blefs the Na-
tion; To blefs, and be with them all there pre(ent,efpccially the King's
Loyal Subje&s, He begged Gods Mercy and Pardon for his Sins, He
asked forgivenefs of all, and forgave all^ beleeching the Diuinegood-
nefs not to Revenge his Innocent Blond xx'^on the. whole Kingdom'^ No,
not upon thole by whole Berjnries he was brought thither^ to whom
he wilhed from his Heart no other hurt, then that they Ihould repent,
and tell truth.
Wfeileft he thus profefled his Loyalty, his Innocence, hh Tiety ^ Moll
that heard him were touched with a fenfible Compaffioi^ for him.*
Some, as he Spoke, put off their Hats, and Bowed to him, in fign
they Accorded to what he laid 5 Others by diftinft Acclamations an-
fwered, We believe yon my Lordj God blejs you my Lord: Bray God
forgive him his Sins, &c.
In this conjundure a Broteliant Minilier accofted him, laying, Have
jiou received no Indulgences from Romilh Church ? Have you received no
Jlbjolution^ To which my Lord anfwered. What have you to do with my
Religion ? However I do fay, the Roman Catholick Church allow's of
no Jndulgencts or Difpenfations, Authorizing Treafon, Murder, Lying,
or Forfwearing 5 Hor have I received any Ablblutionyi?r fuch ends. Bray
do not trmible your felf nor me.
Then turning frorii the Barfon, he applyed himlelf to his Friends a-
bout him, whom he lovingly embraced, and with a pleafant Voice
and Atpeft, bid them Adieu, for this World. Next he delivered his
Watch, two Rings off his Fingers, his Staff, and his Crucifix about
"his Neck, as Legacies to leveral Friends: He defired the Sheriffs that
luch Perlbns as he nominated might have leave ("without the Execu-
tioners IntermeddlingJ to affift him, and take care ofhis Body, which
was accordingly done: And his Gentleman ftripping him of his Coat
and Peruke, put on his head a Silk Cap, and accommodated his hair.
Shirt, and Waiftcoat, for the Execution. And now being ready for
'Death both in Body and Mind, he chearfully liibmitted himlelf to the
'Block, before which firft kneeling down, and making the Sign of the
*Crofs, he recommended himlelf with raptures of Devotion to the
vine Mercy and Goodnejs^ After this, he lay down as it were to try
the Block. And then (who could imagine it ? ) with a Stupendious
Courage, embraced the fatal Wood, as the dear Bajis, or Toint, from
whence his Soul was now to take its flight to Immortal Glory. The
Heads.man put him in mind,that his Shirt and Waiftcoat came too high3
Whereupon he raifed himfelf up upon his Knees, and bid his Gentle-
man put them lower. Whilft this was Performing, he was heard con-
tinually to breath forth feveral ASs of Brayer, as Sweet fefns receive my
Soul 5 hito thy hands O L.ord I commend my Spirit, &c. When his
Gentleman had finifhed 3 He again laid down his head upon the Block,
peiTevering ftill in Brayer, and expefting the fuddain and dilinal arreft
of Death, with a courage ("fay th^Bapifis) Divinely Elevated, a
con-
C^9) _ ■
conftancy more then humane. No change in his' 5, no
Quaking, or Trembling in any one of his Bodj^ could bediG-
cerned. Thus he lay, or rather quietly refted, upon the very Brin\,
between Time, and Eternity., a good fpace s Till at length finding the
Head's-Man delayed the Execntion of his Office He once more railed
himlelf up upon his Knees, and with an afpect, grave, ( but fiill lerene ,
and Lively,^ asked. Why they fiaidi It, was anfwered , For a Sign-^ '
What Sign ivill yon give Sir} He replyed. None at Take your own
time 5 God's will be done , I am ready. The Eead's-Man faid, 1 hope
you forgive me ^ He anfwered, I do. Then Blejjing himfelf again
With the Sign of the Crofs, he repofed his Head upon the Block^i never
more to lift it up, in this Mortal State.
The He ads'-Man took the Hx in his hand, and after a Ihort paufei
Elevated it on high, as it were to take Aim, and let it down again:
A fecond time he did lb, and Sighed. The third time he gave the
Fatal Blow, which levered my Lord's Head from his Body, fave only
a fmall part of the Skin and Wind-pipe, which was iramediatly cut off
with a Knife.
1 he Body after Separation from the Head, Trembled a little, and Stir-
red no more. The Head was received into a Blacks Silk^Scarf by two
of my Lord's Friends, and retained by them, till the called tor
it, and commanded the Executioner to hold it up to the view of the
Multitude 5 The which he did , at the four Corners of the Sea fold 5
Crying aloud. This k the Head of a Traytor. But however, the 'Eeople
had been formerly polfeffed with prejudice both againfl: my Lord's
TraUices ^ndTrinciplesa, Yet now, they made no adcclamations at the
fight of the Bloud'dropping Head, nor Teemed much taken with the
f odity of the SpeBacle 5 Some went away with Confujion. and Remorje^
tbrnhelr part hard cenfure of him 5 Others conceived ffrange appre-
henfions ^nd fears God's Judgments enfuingand BloudJIsed.
Some again laid. My Lord wasDrunl^with Brandy-, Others laid, Verily
This was a juFl M^n. The Tapijis who belf knew his Innocence And
who looked upon themlelves as in Tome meafure Tarties in his Suffer-
ings'^ beheld this whole with moft tender Refentments. They
regarded him as a ViHime of Religion and Innocence. They mutually
accompanied him with their Trayers, and Supplications to God in his
behalf. They leemed to receive new Comfort and Courage from his
Chrifiian Magnanimity. They Wept 5 They Smiled 5 They Sjmpa-
thi'z^d with him, both in his Dolours and foyes. They Blefed, and '
Traifed Mlmighty God ^or Yds goodness to Him, and to Them, in Him.
They Glorified his Holy Name, who often Iheweth the ftrength of his
Tower, in the weaX^eiX Subjebs. In fine, many did, C,and ftilldoj
believe, the peculiar grace, and prefence of God's Spirit, had fome
FffcU, and Influence upon all in a manner that faw him 5 And
few there were of his Religion, who did not wilh themfelves'in his
Tlace.
No Iboner was Fxecntion done, but the Sun, ( which before was
oblcured, and fecluded from our light,) on a fuddain dillipating the
Clouds, lent forth it's Clear and Illuftrious Beams 5 Upon which ac-
cident, different Parties have fince made different Refiedtions; My
L ord's Adverlaries fay, The Sun before frowned at Popifh Guilt, but feemed
pleafed when JuJiice was done. The 'Papifis fay, The Bsavens mourned
T and
(7o)
at$d were djbdmed^ and UHmlUftg to be SpeSatorj at the Sheddmg of In-
nocent Bloudj but appeared in Joy^ and Splendour, at the Reception of a
i^tw and Glorious Inhabitant into their Cielejiial Manfions,
When the Bead had been publickly expofed, it was returned back
into the SilJ( Scarf, held by a Youth that had waited upon my lord,
and (b laid into the Coffin together with the Body, vefted. ("For out
of Modefty my Lord defired he might not be ftripped naked on the
Scaffild-") In the Interim, divers Perfbns threw up their Handkerchiefs,
tQ have them dipt in my Lord^s Bloud-y wherein Ibme were Gratified,
and others had their Handkerchiefs thrown with Derifion over the
Scaffold.
After this the Coffin was taken down from off the Scaffold by feveral
Bearers, and by them carried to the bounds of the Tower, where a
Velvet Herfc Cloath being fpread over it. It was carried in order to
it's Interment into the Tower 3 A place ffay the Tapijis) as it hath been
Enobled by his Sufferings, fo will it remain to future Ages, a Triumphal
Monument of his Fortitude, and Viftory;
Thus Lived, thus Dyed this Famous Nobleman, to whofe memory
1 fhall only add, of my own 3 That if his Caufi was Innocent, and his
Religion wrongfully Traduced, He is Happy, and we unfortunate by his
untimely Tleathi
. I Ep. Cor. Cap. 15* Vcrfc 54;
I
'Ahjor^a eft Mors in ^t^oria.
A N
(70
A N
APPEND
Containing (bme Remarquesupon the late Tryal of
Stephen Colledge,
In Relation to the Chief Witnefles againft my
Lord STAFFORD.
Here annexed for the more Ample Satisfadiion of the
Reader in that Particular.
HAving in (brae meafure performed what I purpofed, and pro-
rai(ed in the front of this Treatrfij I might well have here
put a flop to my Pen, had not an extraordinary Accident,
railed new matter of Reflexions upon the King's Evidence
in point of Credit^ and (eemed to call me to a (hort Survey of it , in
the clofe of my Di(cour(e.
The Judgments of the Almighty are incomprehenlible 5 And St. Tanl
had good reafbn to Cry out, as it were in an Extafy, O The depth oj
the riches both ef the Wifdom and Knowledge of God , How unfearchable
are hit. Judgments^ 4nd hit ways pad finding outj Who could ever have
imagined. That the three direX and main Witnejfet againft my Lord Staf-
ford at his Tryal^ (hould all convene together at another, of a quite con-
trary ftamp. And this in (b fatal a conjunXure, as to confound, and
deftroy by open Terjury each others Tejiimony ? My Lord (as you have
feen) endeavoured to (hew the Tnfamy of the WitneJJ'es: The Contra'
diHions in their Evidence: The Incoherence of parts: And Incredibility
of circumjlancetf throughout the whole Charge. To make out which
he alledged many prefiing Arguments^ and produced many Subliantiai
Witnefiesj both Catholicks undEroteSlants^ in his behalf: Nothing (ee-
raed wanting, (ave only his Adverfaries themfelves^ againji themfelvety
to compleat his Evidence. And here it is the Tlivine Goodnejs ((ay the
TapiUt) who is the Defender of Innocence^ and Fountain of Truth., hath
wonderfully manifeffed what manner of Men, my Lord's Accufers were,
and what Credit ought to be given them y Even by the proper
ntony of their own Months y Herein al(b fulfilling in (bme fort, what ray
Lord himfelf ("Prophetically^ foretold in his la(t Speech, (viz.') I have
a great confidence that it will pleafi Almighty God j And that he will in a
Jhort time bring Truth to Light. Then all the World will fee and kyow,
what Injury they(OdXG$, Dugdale, andlwh^xy^j have done me.
To
(72)
To give a brief account of this affair. There are few who have not
heard of the late Tryd of Stephen Colledge, Sirnamed the TroteSiant
"joyner (a man very aftive in the Death of my Lord Stafford^ and a
zealous defender of Dugdales Honeiiy.) He was Impeached^ Arraigned^
Condemmd^ and Executed jar High Treafon 3 In Speaking Tre.afonable
Words j And having by a defigned combination with others, appeared
in Arms to Sei-z^e the Kings Eerfon at Oxford. The Witnejfes againfl: him
were, Smithy Ldugdale^ TurbervH^ Haines^ Mr. Mailiers^ and Sir William
' 'Jennings,
It is not my intent here, to Epitomize Colledges whole Tryal'-i Psor
to give my Cenfure or Verdi(S upon it. But only to inform the Reader
of fome Paffages which chiefly relate to the main Witnejfes againfl my
Lord Stafford^ And which are now become the Subjeft of Surprize,
and Aftonifhrnent to all Confidering Perfons.
Pleafe then to Note, That Stephen Dugdale^ and Edward TurberviJ
(two of the Principal Witnejfes upon whole Tejiimony my Lord was
Found GuiltyJ) and John Smithy otherwife called Narrative Smith^(yjho
«t my Lords Tryal feemed the only plaufible Deponent^ as to the Elot in
General) gave relpeftive Evidence againfl this Colledge at Oxford^ as
. followeth.
Pageis.df. ''Stephen Dugdale Swore Firfl. Mr. Colledge told him5 That the
*i King was a Eapiji^ That he was as deep in the Elot as any Papifl of
* them all ( which the Papills themfelvcs alfo confels.) That he had an
*hand in Sir Edmundbury Godferys death, That he was a Rogue ^ That
* nothing was to be expefted from him but Eopery, and Arbitrary Go-
' vernment. And that the Clergy of England were Eapijis in Majquerade,
'Secondly, That CoUedge had framed leveral notorious againfl
'the King to render him contemptible. And raifed Arms with intent
* to feize His Sacred Eerjbn at Oxford,
page z9. &c. Turbervtl Swore, He heard Colledge fay 5 Firll. That there was
'no good to be expefted from the King, For that he and his Family
' were EapiBs, and had ever been fuch. Secondly, That His Party
'would Seize the King^ and fecure Him, till he came to thofe terms
' they would have of him. Thirdly, That the Earliament which cut off
'the late Kingi Head, did nothing but what they had jufl caufe
'for,
Page 27. ''Smith^v/oxt 3 Firfl. That CoUedgetold hiui. There were Moneys
'collefted to buy Arms and Amuniton to bring the King to Submijjion
^'to Nis Eeople j Adding thereunto, That he wondered Old
'( meaning the/fz»^ ^ did not conlider how ealily His Fathers Head
' came to the Block^^ which he doubted not would be the end of Rowley
' at lall. Secondly, That Colledge had provided himlelf of a great
'Sword, Piflols, Blunderbufs, with Back, rBreafl, and Head.Peice.
' And that he heard him fay. The City was provided, and ready with
^Eowder and Bullets : That he would be one who fhould Seize the
*King in cafe he fecured any of the Members of Earliament. And that
' if any man, nay even Rowley himfelf Ihould attempt to feize upon his
* * Arms, He would be the death of him^ &c.
In direft Oppofition to thefe witnefTes, Colledge produced Titos
Gates (the third principal Witnels againfl my Andfirft
Grand difcoverer of the Eopijls-Elot) whp gave atteflation againfl the
faidfeveral Witnefles, after this manner.
' Againfl
(73)
Gainft T^ugcUk. Oates depolecl , That the faid Gates dilcouifing ^
^ uponoccafion w'lthUiigdak concerning his being an intended
' evidence againft my Lord and others,Z?«^<^.//e replied,There
' is no body hath any caule to make any fuch report of me 5 For Tea//
'■GodtoWitKcfs I know nothing againft any Prpteftant in Fnghnd. But
'afterwards T/ugdale having Sworn matters of High-Trealon againft
'CoLkdgc, before the Grand Jury at xliz. Ci^-Batly^ and being here-
'upon charged by Gates, as having gone againft his Confcience and
'contrary to what he had declared to him» ^ngdale anfwered. It was
' all long of Collenel Warcup, for f Jaid he ) I could get no money elje 5
' ^nd he promijed I Jlsoxdd have a place in the Cuftom Houfe.
'In oppofition to this Teftimony, Ttugdale Swore 5 Vpon theGath
' he had takgn^ and As he hoped for Salvation, It ivas not true
'Againft the fame Dugdale, Gates farther depofed. That Tdugdale
' did confefs he had an old Clap, yet gave out he was Poyfoned 5 * viz. By the
' which (ham palTed throughout the Kingdom in our Intelligences ; But
*in Truth (faid Gates) it was ihtFox: As I will make appear by
'the Phyfician that cured him. ^ % »or. Lower.
' In oppofition to which IDugdale protefted, If any Doftor would
'come forth, and lay he cured him of a Clap, or any fuch things Fie
* ivouldjiand Guilty of all that is imputed to him.
1 ft
* A Gainft Turhervil a\h Gates gave Evidence in thefe words. A little
^^^'before theWitnelles were Sworn againftr<?//e<5^^eat the
'i C Oates) met with Mr. Turhervil. I was in a Coach , But leeing
'Mr. Turhervil, I ftept out of the Coach, and fpoke with him 5 For
' hearing that he was a Witnefs, I did ask him, whether he was a Wit-
* nefs or no againft CoUedgc ? Mr. Turhervil laid, He would break any
* ones head, that ftiould fay (b againft him 5 for he neither tvas a Witnefs 3
could give any Evidence againji him. So after he came from Gxon
'I met with Mx. Turhervilagam--, And hearing he had been there5
' I asked him, if he had Sworn any thing againft Colledge ? He faid, yes^
'He had been fworn before the Grand-Jury. Said I; Did not you
'tell me fo and lb? Why ((aid he ) The Trotejiant Citizens have de-
'■ ferted m 3 And, God Tamm him. He would not jiarve. Thefe very
' words he feveral times repeated 3 But when I asked him, what he
'had fworn? he faid 3 I am not bound to fatisfie Peoples Curiofities.
' ZJpon the word of a 'Friejl ( faid Gates ) what I fay is true^ As J am a
^yAiiniJie'r, J fpea^ it fincerelyj In the prefence of God 3 This Gentle-
'■man did fay thefe words to me 3 which made me afffaid of the Man 3
' And I went my ways, and never fpoke with him afterwards, nordur(t
'13 For I thought. He that ivould Swear and curfe, after that rate, was
' not ft to he talked with.
' in oppofition to all which, Turhervil fwore. That he met Dr. Gates
'juft at his Lodgings, And the Dr. alighted out of his Coach, and
' fpoke to him, and invited him to come to his old Friends. For he
' told \i\m',They had fame fealoufe that he was not true to them 3 And be
'farther told him 3 If he would come to the Kings Head Cluhh, he
' fbould be received with a great deal of Kindnefs. But never af-
'terwards (faid Turhervil) did I fpeak with the Doftor a Tittle about
'any Evidence 3 Vpon my Gath ( added he ) I did not'., And truly I
* always looked upon T)r. Oales as a very 111 Man, and never would con-
^verfe much with him. V ' 'Againft:
30^
(74)
Per; 49. « A Gainft SMith,Oates gave this atteftation 5 ( viz.) To my know-
ledge Mr. Colledge and W.Smith had feme provoking words paf-
* led betwixt them at Richards Cofie-houfe. And Mr. Smith comes our,
' and Swears, God TStamm him he would have Colledges Bloud'.) So when I
* met him, faid I, Mr. Smith, you profefs your felf to be a 'Frie^, and
* have fto'od at the J/tar: And now you intend to take upon you, the
' Mwiftery of the Church of England'^ And thefe words do not become
^'■xMimUer of the Gofpel, His reply was, God Edamn the Gojpel.
*■ This is truth ( faid Gates ) I jpeak^ it in the prefence of God and Man.
' The whole fubftance of this atteftation, Smith ablolutely forfwore,
* faying 5 Not one word of this is true, upon my Oath. Then addreffing
^himfelf to Gates. 'Tis a wonderful thing (laid he ) you fliould fay ^
* this of me. But I will fuffickntly prove it againfl you 3 That you have
* confounded the Gofpel, Jnddenied the Divinity too.
THis is the Sura of the Evidence given as well by Dr. Gates againfl:
Dugdale, Turhervil and Smithi^ as by Dugdale, Turbervil and Smith
againft Dr: Gates. Trorn which fatal manner of ftlf-condemning and
Ferjuring each otfer 3 The Papifts ( with two good confequcnce ) draw
thele deduftions.
Either Gates attefting thele things againft the aforenamed Witnefles,
Jnthe word of a Frieji 3 jds he was a MinOfer of the Gofpel, Sincerly^
Jn the prefence of God and Man, &c. Did give true Evidence, or not 3
If he did 3 Then are Dugdale 3 Turbervtl, and Smith, both in their
Teftimony againft Colledge, and in their leveral Oaths here againft
Gates, doubly forfworn. But if Oates did not give here true Evidence
(as the other three pofitively Swear he did not) then is he guilty of
mdxCStCSFerjury. So that from the reciprocal Teftimony of each other,
in this matter 3 It is an undenyable demonftration 5 Either (the
Pillar of th^Flof,) or Dugdale, Turbervil, and Smith, (thejoynt
Supporters of it, ) or Both, and All, are Pei jur'd Men, and can juftly
Pa e 0 Challenge no right of beleif, or credit to any thing, they ever did,
or lhall (wear. Hence the ylttorney General in this very Tryal inge- '
nioufly complained: ^ Jt is an unhappy thing ThatDr. Oates JJjould come
* in againB thefe Men that fupported his Evidence before. And Mr. Set-
Pagep4. &97. < jeant Jefferies rightly inculcated to the Jury 5 If Dugdale Smith and
' Turbervil, be not to be believed, you Ferjure (faid he ) three Men, j^nd
'■(^inthem) trip up the Heels of all the Evidence arid Difcoveryof the
'■Flot. In like manner: The Papifts argue: If Oates alio, be
' not to be believed 3 the whole Fabrick of xht Flot VaWs. What? Dr.
Oates ^ the Quondam Top-Evidence, The prime Difceverer 5 The Saviour
of the King, and Nation from Fopifs Maffacre', He fwearfalle? He
not to be believed ? What Account ftiall be given to God, and the
World, for the Bloud-fed, and the Severities uled, upon his Sole, or
' chief Evidence ? Yet it isimpoliible, Dugdale, Smith, and Turhervil,
Swear not falle, Oates fhould Swear true 3 Or if he Swear not falle 5
7 hey ftiould Swear true 5 And as it is impoffible, both flbould Swear
true 3 So is it next to impoffible, (if either Swear falle) the Flot (hould
be true. However, moft afluredly one part of the Witnefles againft
my Lord Stafford ( without which the other could never have found
credit,) are here, by their very Compartners, ipvovedFerJurd Men.
It
("70
IT is objected They might all of them peradventurehavefwoin
true beforej Though fome of them for certain Swear falfe now.
The Papifts anfrver: So might they all of them for certain have
fworn falfe before, though fbme of them peradventurefwear true now.
We are not to Judge of Men's paft, or future proceedings in order to
Juliice^ by what they poffibly might be, but by what they probably
were, or will be , And to make a rational Judgment herein, we have
no other Rule to guide us in the knowledge of covert then
the Teft of Overt adtions. Seing therefore thefe Witneffesare pro-
ved a(3:ually Perjur'd, We have no rational ground to believe, but
that upon the fame motives, and in the fame concurence of
Circumftances, they both did, and will commit the fame Crimes.
Men of loft Confciences, and defperate Fortunes, allured by gain,
and encouraged by Indempnities, regard not what,whcn, nor how they
Swear. And my Lord Stafford had juft Caufe to fty, 'If it be permit-
' ted thefe Men daily to frame new accufations: If eafy Credit be given
' to all their Fahles: And whatever they (hall from time to time In-
^vent^ may pafs for good Evidence : Who can be fecure ? At this rate
* they may by degrees, Impeach the rchole Nation^ Cboth Catholick/ and
' Trotepants, ) for Crimes which neither they nor any Man elfe, ever
* yet dream't on.
It is alfb objedled by Colledges Party, That Tdugdale^ Smithy and
Turbervil^ are Tapifis in Mafquerade 5 and now made u(e on to Sham
off the Topijh Tloty by turning it upon the Tresbyterians 5 Wherefore
though credit may be given them when they Swear againft TapiUs,
yet the fame credit ought to be denyed, when they bear Tejiimony a-
gainft his Majejiies true Trotejiant SubjeHs.
The Tapijis anfwer: Firji, Granted, ih^tDugdate^ Smith, and77/r-
hervH be real TapiJIs j how is it proved they were imployed to Sham
off the Tlot^ Why may not Tapiiis, be good fVitneJfer againft the
Trethyterians, in point of Treafon, without Sufpition of a Sham^ Is
' Treafon a thing fo ftrange, and unheard of amongft the Tresbyterians ?
Or why fhould credit be given to the Witnejfes when they Swear a-
gainft the(who are only charged with a T)efign to Kill the
King^) And Credit be denyed to the fame WitneJJet, when they Svvear
againft thofe vpho aUually Killed the King .<? Secondly, What the leaft
Argument, or Appearence, is there, that Tdugdale, Smith, and Turbervil
are 'Fapijis, or Popijldy afe^ed^ They profefs the Trotejiant Religion^
They frequent xh^Troteliant Church, They receive the Trotejiant
CommunionThey take all Oaths, and Tefts can be required of them,
(as was acknowledged in this very Tryal) They praftife neither Faff-
ing, Tennance, notOlh.tr ^ox]!is Supererrogation, (the Symptomes ot
Topery.) They purfue their former Dejign of Swearing againji the Pa
Papifts, with as much obftinacy, and violence as ever ^ ("as was like- ■
wife proved in this Tryal) And is it poflible the Tapijis fhould im-
ploy, 'mxht\r Shams and Intrigues, ('if they had any) the very Terfons
who at the fame time make \r. then Trade and Lively-hood, to cut their
Throats .<? Indeed if any of the Witnejfes againft my Lord Stafford be
Topiffjly aSei^ed, It is Dr. Oates, Whofe prefent T)ifparagement of his
fellow Evidence, lool^s ( (aid Mr. Sollicitor General, J as if he were a-
gain returning to St. Oraers, Eajily.i
(7^)
LaJllj, It is argued^ The Jurji, bringing in CoUedge Gmlty of High
Treafon, by that very Verdidt, cleared '^ugdale^ Smithy and Turbervil
of the 'Perjury^ charged upon them by Dr. Oates.
Jt anjivered: firji. The 7//r/brought in their Verdift againft Col-
ledge^ not upon the fole Teftimony o^iiugdale^ Smith, and Turhervilii
but more efpecial]}', upon the hvidence given by Sir William fennwgs^
and Mr. Maiflers^ PeiTonsof known worth and honefty 5 AsaKb upon
pregnant proof made, (and acknowledged in a manner by CoUedge bim-
leif^) That he by Combination with others, appeared in open Arms,
at an appointed time, and place, ready for, and Defigning, fuhhqiie
ABs of Hojiility, in the very prefence of the King, yet without tiis
Knowledge ox Authority'-, which by the Law is adjudged Treajon. Ay.
The Tapijis do not undertake to make good Oates's Charge of'Perjury
aga\n[tDugdale, Smith andTurhervilNor theirs, againfthim; But
only to (hew, that the guilt of this Horrid Crime lyeth araongft them ;
And confcquently, whether it be charged upon Cater, as the Chief
Swearing-Mafier , and Original Author of the Plot--, Or upon Dugdale,
Smith, and Lurbcrvil, as h\% Pedant sand Acccjfaries in the Jmpoflure 5 Or
(as ismoft rat:onalJ upon Both, and All of them. It follow's. That the
jLord Stafford dyed by Perjury 5 And Roman ^atholickj have wrong-
fully fufi'cred by their Viiianies, the lofs ot their l ortuncs 3 their Ejiatesy
their Liberties, their Lives.
Luke 19. Verfe 22.
Out of thine o^n Mouth ivill 1 Judge thee. Thou Wicked Servant,
THusI have here Briefly and Impartially fet down, what occur's to
me on this occafions And now for an Appology to the whole
Ireatije : Seing the Papijis, as well as all other Men, have a natural
right, when Impeached, to defend their Innocence, I hope it will not be
Imputed a fault in me, to have Rehearfed Ibme of their Arguments, as
they lay within the L imits, and Sphere oi my 'Lefign. If any Perfons
oHDepraved Judgments, Ihall from hence draw finifter Rejie&ions upon
the JuJlice of the Nation. I declare they abufe both the Governmenty
themjelves, and Afe, by fuch their unjuft Paraphraje*
FINIS,
Some Errors efcaped the Prefs,
PAge i I.ine 3 o. for /tfe, read le.tfl. p. 14. 1. 36. for it is credihle, r. is it credible, p. 3 ®. 1. 1 o. for
Depojited, r. Depofed, Ibid. 1. 16 for, left himflf to, r. left to himfelf. p. 31.1. 3 for, injured, r.
invred-. p. 37. ], 3. for Railed, r. Raityed. p. 39. J. 2. for, uddcrjfed, r. addrejfed. p. 49.1. 37. for, jufi-
fiehleto hcrTcnents. X. jufifiabkhyherTenents. p. 74. 1, 16Aor, Creature, r. Creator. R. 6y.l \z.(or.
Implored, r, I Jnifhrj. -
f
AN
O F T H E
AC C U S A TIO N
I
O F
I
Kohert Bolron and Lan>rence May bury ^
Servants againft their late Mafter
^irTHOMJS GJSCOIGNE, K'- and Bar"
, of Barnboiv in Torh^fhire ^
, F O R
HIGH-TREASON:
With his
Tryal and Acquittal
II. February i6ll.
Fit error Novijjimm pejor Priore.
•>r'- (
Printed fof C. R. M DC LXXX.
3lf
TO THE
f H "^Hou art here pre fented ivith the firft EJJay in the Difcoyery of
^ fecondTopip? Tlot brought from the Norths and mentioned inthe
Front hereof. Some Matters may at frji feem alien and noyel, but
relate to the SubjeB or Ferfons treated of j for who defres not to hay^ ^
true account of the W^itnejfes ?. which you Mill yet further widerftand by
the Trials that are fmrtly to be at York, fince they profecute all theGz^-
coi^ne Family, as Majlers, MiUrepes, ifindred, Seryants, Male and
Female, nay eyery neighbouring Acquaintance or Friend, beftdes 500 mor^
in referye-, for they fwear they Jaw a Lip ivith fo many'N.ames ink'
Ton Mill find the Topicks of their Tredecejfors ( J 7nean the firft Vifco-
ye/ers of the prefent Topifi? Tlot) handled yery fully, and the Strain
7tot ill follo'yed, confidermg their feryile Capacities-, yi^. Confults,
Eafie Admittance thereto, Hearings, Over-hearings, Letters,
Treaties, Lifts, Commiflions, Oaths of Secrecy, Firing of CL
ties, Colledions, Money returned to Lo?2Jo/2, Arms, Privy-Coun-
fellors to be made. Canonizing of Saints, Regicides to bemeri-
torious, Deftrudtion of Hereticks made lawful, A few naked Pa-
pifts (being fcarce one to three thouland) ready to fubdue all
the Armed Proteftants of the Nation. Nothing offe7ifiye is depgned
by this P?ort Tifcourfe-, but purely to giye fatisfaBiontothoJe thatdepre
to know the ^afons of Sir Thomas Gafcoigne^'i: Acquittal, M?o has
had this happmefs,- that his Witneftes were, except 07ie or two, knolrn Tro-
teftaiits, and haye alfo made Oath of yphat they attefted in his behalf before
a Lawful Magiftrate; fo that their Tephnoity is not now barely Verbal.
Farewell.
A N
\
^ •
II TR:.
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31^
CO
An AhjtraB of-the Robert Bolron and
Laurence Mi^ybury^ Servants^ See.
rj-- . . 'i bric)', ■•. . / . ,
Ruhtn Bolfoif upon tjne was bound Apprentice to Mr. Vealc, a-
Jeweller In .Pjie-Corner Lond^n^ > - •. '•
He abai.:clonea his, Mailer in a Twelve-month, and lilled himfelf a FoOl-1
Soldier in Tinmmth-Gaille., . • He was with others thence put on Board the
Kainboiv Frigat, in the, fecoiKl War againft the Dutch. — He got afhoar, and came in
his Yellow Coat to Sir Ihmm Gafcoigms Houfe, having.acquaintance with Kkhard Pepper,
one of his Servants, and thence he went to NervCaJile, ..
He foinetimc after much-importuned the faid Pepper to recommend him to Sir Ihom ts his
Service, upon pretence of his having been ufed to look after ColeMincs near Nerv-Cajik\
and by his means he was admitted to over-look a fmall Colliery of Sir Dhomaeh.
Larprence Maybury, (being the Son of a Day-labouring Forge-Smith about Leedf )
and now of late a Burr.-Bailiff) through the means of FrancU Johnfon ( one of Sir Jhj-
maps Tenants and Neighbours ) was pieferr'd to be Sir Fbomas his Foot-boy.
The fame Maybury being lay'd in a Chamber, where was a fecret Place, in which the
Lady Tcmpeji (Sir 37.7flW7.w's-own Daughter, upon her going to London'■shout Midfummer
1675. } put a fmall little Trunk, and in it fome twenty Pieces of Gold, her Wedding 15^5.
Ring, and feveral little Stone Rings, Medals, and other things, to the value of about llxty '
Pounds, and he who was known to all the-Savants not to be Worth a Groat, and having
but a fmall Salary, being afterwards difcovered to have Gold, Silver,a large Wedding-Ring,
and other Pvingsand the Lady Lempepi returning about Augufi, and the Trunk being
gone, and thefe Particulars talk'd of, he became vehemently fufpeUed to be the Thief.
Howbeit her Ladifliip, not having certain Proofs, did not profecute him's but upon the
lifth o{ January following Sir Lhomaf tuna'd him away, both for fufpition of the faid
Theft, and for fonae infolent attempts upon his Maids.
Maybury being difcharged in cloaths himfelf finely, and fets up for a Gentle-
man, goes to the Dancing-School at Tor^, intrudes into the com.pany of fome of the Gen-
try, appears flufh of Money, and at the Sunday after Eafler he called ate Sir Lhomas^s, de- ha^hbeen^dif
firing to be admitted to Prayers into the Hwfe, but was pc fitively denyed •, others of the Fa- covered^°and"
mily ( having within fome weeks after the faid Mayburfs being gone ) mifs'd icq /. in a Affidavit
Bag, belides other Moneys, out of the Place whae they kept their Money. Finding him- ni^dc thereof,
felf much eyed and taken notice of by thefe who knew him, about May the Spark comes 1^77.
to Londonand not contented with the Name of f Maybury,. as he ufed to write himfelf * whereof
before, he now affumes the more Honourable Title of Mowbray, takes Lodgings in Holborn, fome Letters'
where he fpent moit part of that Summer. He givcs himfelf out alfo to be"a great Heir, extant,
borrows a Gentlemans Coach, Courts a Gentlewoman of Quality, having 1500 /. to her
Portions being refufcd, he writes Verfes ( fuch as they were ) againft her. About which
time, being in company with fome Gentlemen, into whom he had infinuated himfelf, he
fairly borrowed of them a Sum of Money, ( about 70 /. ) giving them a Bill of Exchange
on his .pretended Merchant in London for Security i but the Merchant being foon cnquir'd
of, had no advice, nor knew neither Maybury, nor any elfe concerned in the Bill s which
therefore being difcovered to be a Forgery, he leaves his refidence above-faid, pretending
to go in all haft to JFarwick-Jhire to take poffcilion of 400 /. per Annum juft' fal'n to him s
but in very few days after his old Land-lord found him in an obfcure Houfe near Smith-
field, abfconding for fear of thofe he had wrongM : On the 2^th of December he removes
again, pretending to Biffiopjgate-Jireet and in the beginning of Febrwry next enfuing,
( having debauch'd and play'd away his Money ) as eaiily as he got it, he made fuch fhift
as to return to Leeds, but with a lighter Purfc,. and far heavier Heart than he parted from
-thence s and having fornierly, by the Charity of ^\iLhomas, improved his Hand-writirtg,
he now fets up a School for that purpofe.
Bolron likewife being after fome time more than fufpedfed to be an ill Man, his Accounts
of the Colliary were infpcefed, and upon the perufal of them in Feiraarj 167I. he WaS 1^7.7.
found to have received about 300 /. for Coles, and accounted for to Sir Ihomas but 60 I.
whereof much more was due.—■That he had defrauded Sir Thomas very much in other
pretended disburfements aboat the Colliery y — and that he had taken-out of Sit Thomas
his
Ms Chamber a Book of Accounts, whereby it appeared liow he had wrong'd his Ma/kr
more particularly of other Moneys and D,ues, and that he returned many Perfons indebted
for Coles, who in truth had paid him: Hereupon Sir nomas refolved not only to part with
him, but to punifh him according to Law r but upOn his earned befecching Sir Thomas to
Ihew him mercy, he in compailion.accepted of 12 /. and two Bonds for payment-of 48- I.
1873. Principal more, and fo about A^jl 78. ret hiitiga'quietly and peaceablyaway
C like a good Chrifcian ) being dehrdushe might'amend, and do better in atrotfier. Service.
Mr. Thomas Gafcoigne^ Sir Thomas his eldeli Son, having refolved^ by reafon of-fhe trou-
bles to thofeof his Church, or in general to Catholicks, to go beyond Seas, as rqany others,
did i took leave of Sir Thomas\n order thereunto at the end of March j and having obtain'd
hisMajefties Pafs-Port on the '{th of April follod'ing, he went from London to Dover the
Tth of that Mohth, and Letters were received from him in his way to Parky (,and as by a
publickTeftimonial fince fent ) he fetled himfelf there theiirft of May following New Stile,
or zoAprilO\d Stile, and was netyet departed thence, as many Witneffes nowin England
can teftihe. About a year after his the faid Bolrons departure from Sir Thomas^ he being;
ftill indebted to Sir 7 homas, and alfo toothers of the Family, w/z. to Mr. Thomas Gaf~
coigncy and his -Sifter the Lady Tempefty and being now become infolent by his-own ill
:' government, he declares himfelf a Protcftant, and accordingly takes the Oaths at Ponte-
fraU SelLionsv being alfo call'd upon for the aforefaid Payments, he earneftly prefs'd one of
Mr. Thomas his Servants, with whom he thought-he was intimate, to affift him to ftcala
Hundred Pound from his Mafter, or otherwife to acquaint him where his Mafters Money
lay, that he might do it himfelfi but not prevailing therein^ h . iinpofruMd him atlealt'
to fteal from Sir Thomas the Bonds, for which he promifed to reward him.
■ Sir Thomas obferving Bo/r^nx declining condition, fent a Servant for him, whereat Bolron
kerned much concerned, and amongft other things told the MelTengcr, that he had been
* The Reader reading the Printed'Tryals, and that he had Icarn'd T". (7. his way of witneffing fo ex-
may fee in acftly, that he did hot doubt to hang any Man vohom he pleafed j but upon the 2pth of May he
further pern- came to Sir Thomas.^ to tender a Mortgage of a poor Houfe his Father left him at, Netv-
fal hereof,that (^ajUes, which Sk "thomas then .flighted, having feveral others bound with him for the
come mudi P'bt, the ne^tpday being the remarkable 30th o/May lafi, ( and on which day Bohon had laid
fhortofhis the ground ©f his Principal Accufation) Sir ThomasT\ir''d not from about home, and a-
pretended bout fix of the Qlotk-.that evening one of Sis Thomas his Servants went to the Houi'e of
Fater. Nicholas SbippeHy not a quarter of a Mile from Bo/rowx Houfe, and there found Bolrony who
faid he had lain private there moft part of that day for fear of the Bailiffs •, and moreover,
that he would now heep himfelf, conceal'd, and get into the Cole-pit at Caftlcforth nor far
off, where he was fure the Bailiffs fhould not find him.
Bolron having by his Wife ( who was formerly a Servant in the Fatrily ) gotten intoonc
of Sir Thomas his Farms, and being in arrear of Rent alfo, a Declaration of Ejedment was:
2 ordered by Sir Thomas to be delivered him, and on the 4f^ of June ( following the a-
bovefaid ^ah o{ May J Bolron had notice thereof, about which time Bo/rra went to Sir
' . Thomas his Houfe, and llipt up to Mr. Rujhtons Chamber i but at his coming downfeem'd
much in paffion, and told one of Sir Thomas his Servants, that he had been with Mr. Kujh-
ton to borrow 5 /. but was refufed it, and with a great Oath vow'd to be reveng'd on him>
going away without fpeaking to Sir Thomas,
Bolron having now refolved revenge, told his Wife he would now pay Sir Thomas all, by
* Above three Mortgaginghis Honk zt Nerv-Cajiky wherein ftie had her Joynture, if fhe would give
years before confent to it '> fhe confenting at length, he brought her a Writing to Sign, purporting her
Bolron had eonfent, as he pretended, to her. He likewife pretended to Sir Thomas his Attorney, that
to rae'^ he had gain'd his Wives confent to Mortgage or fell the faid Houfe, and pray'd him to pre-
cars of New- pare a Deed of Mortgage thereof to Sir Thomas» and hedid fo, having pcrfwaded Sir Tho~
caflle, an Al- mas to accept it y but it proved ineffedual.
<jrrtnan. Bi?/ron being become more and more enraged, and having ftudled the feveral Proclamati-
ons which had come forth fince Ti 0. fuppofed difcovery of the Plot, goes to Broderton Tyn-
dal Efqijufticeof the Peace, and informs him feveral things againftK«/Bt(j«i and that Mrs-
Mary Prejftck^y Wife to Sir Thomas his Servant, had fpoken feveral ftrange words concern-
ing his Majefiy. Afterwards he gave his Information to IViUam Lomher Efqi another Ju-
ffice of the Peace.——After that he attended Mr. Lowthery Mr. Tindal, and Mr. Francis
White Efq'j a third Neighbouring Juftice of the Peace, and there likewife confirm'd to them
what he had faid the two former days, and then defircd four or five days to give them a
further account.
Bolron attending them accordingly, requefted that the former Information he had given
them might be rcturn'd to him") but 'twas told him, that the Informations he had given
them were fent to London y. and thereupon he refolved to follow them, and prayed therr>
to
to lend him a "litHe Mon^y for,his Journey, ( for he'was^town Very low ) and he fald they /
gave him ^s. 6d. towards it, and Mr. Tyiidal gave hitn 4 Letter of Diredions and AlTifrance
to his Brother in LcWo«'s bui another of thetn ( a Neighbour of Sir Thomases ) gave him
fomething more to'make quicker expedition i but he perceiving that mod of the jufticcs
Would give little fa'ifh' to his Informations' they being made up of hear-fays, contradi-
Of ions, and improbabilities,, ^nd Mr. Gi2/coig«e, whom he i?ivolved, being gone beJ
yond Sea near two Months bfcfore the time hinted of the ^oth of May \ and that therefore
they would ilfue Out noWatrdntsagainlf any whom he had accufed, but a Servant, which
otherwife ( as the vvhole Coffntry. knows ) tliey would moft readily haVe done, he refolv-
ed to mend his Error when'h'e came to Iloriddn \ tind fo by becoming a Kings IVitnefs to be
above all wants, aiid alfb be feveng'd on Sir Ihmasi and fecur'd from him, and all other
his Creditors i and in order to thofe good ends, ( he gave out in the Country, he would
go to Netv-Caftle and fell his Hpufe) but in head thereof he halied to London immediately.—■
At JVare upon the Road he |olf Juftice TyndaP^ Letter ", but getting to ih^ Green-'DrdgoTt
in Bifhopf-gate-lireet upon the third of July following, he immediately acquainted the Land-
lord with his errand, and.,' &his dire6fions goes in all halt to Six Robert Clayton^ and the
next day, viz. the ytb 0£r/«/y, he attended the R-ight Honourable the Lord Prefident
Sbaftsbury-, and the Lords-bf His Majefties Privy Council, and poiitively upon Oath accu-
feth Sir Lhomas and others of Confultations in relation to the Kings death i forhefworc,-
that upon the 30th day of May, he,being at Sir Lbomas his Houfe, Sir Thomas bade him go
into the Gallery, where Rufht'on,., ( though he vyere fo angry with him the faid Bolron ( as
Belron fwore) for taking the Oath of Allegiance, that he was ready to have Itruckcn hini;
neverthelefs tempted him in exprefs terms to kill the King s and that upon his refuling to
do it, Rujhton pray'd him hdwever to keep it fecret. That waiting by Six Thomases 3p-
pointment till his return. Sir Thomas about.fix of the Clock that evening rook him into
his Chamiber, and having ask'd him what Rrtfljtdn faid to him, ^ Sir Thomas told him. That * Which was a
if he ivould undertake- a dtfigii tq'helf to hill the King., he would fend him to hU Son Mr. Tiro- htfhci^ent Ad-
tnas Gafcoigne, who Jhould ifldfu^Phim how to do it., and he fhould have a thoufand Pounds re-
ward ", but refufing again to have any hand in blood. Sir Thomas defired him of all love to in his senfes
keep itfecreti ■ Now as" to the Account the faid Bolron then gave of Sir Thomas his Ser- if it were
vants, he declared, that went away about fufpition of a Trunk the Lady
had loli, with Moneys and jewels in it i for then he had not pitch'd on the faid Maybury
for his fecond Witncfs, as afterwards in a Month, or thereabouts, he did.
Their Lordlhips presently fent away Bolron and a Meflenger into Torkrjhire for Sir Thomas 5
and in the mean time examin'd thofe Perfons in London, to whom Bolron had diredfed them
where to find or hear of Mr. Thomas Gafcoigne, Son to Sir Thomas mentioned in the abovefaid
Accufation, and when they fawhimlalt. But their Lordlhips foon found upon Enquiry,
that Mr. Gafcoigne was then and long before gone beyond Sea, having fet forward for Dover^
viz. on the jth of a^pril, and was fo far from being feen fince in Town by them, that feve-
ral Letters had been received from him from beyond Sea by the Poll:, with the Poli-mark
on them, which caufed firange reflediionson this new Evidence given by Bolron: and there-
fore thefe Perfons being feperately examin'd by the Lord Prelidcnt, were admqnilh'd to
take great care what they anfwered, for that it wasfworn Xby Bolron and another j that
Mr. Gafcoigne was feen at London both the beginning and latter end of May by feveral;
whereto it was reply'd by oneof them under examination, Thato« that 30th of May he alfi-
fted in a Caufe or Law-fuit of Sir Thomas's againfi: one Mr. Nelthorp in London, and that his
Sons prefence, if he were in London, had been nccelTary, and that if Mr. Thomas had been
any where near, he would have appeared at it to have fupplyed his Fathers placeat the faid
Tryalin Chancery: Nay Bolron himfelf has fince depos'd, that one principal caufe of Mr.
Gafcoigne's coming to Town when he left the Country, was this very Law bufinefs with Mrs
Nelthrop, how truly the efifed hath Ihewn, as well as of the reli of thofe Allegations.
The yth of July Sir Thomas was taken into cufiody, late at night, out of his Houfe at * For he Mr.
Barnhow, fourteen Miles from Torl{, and Bolron caufcd a Warrant to be ferved on his own
Wife and Grand-mother, to telhfie before Mr. Lowther and Mr. Tyndal what they knew of ^wolnomhr'
the things they had charged Sir Thomas with i but they were very unwilling to go, and pro- before the ^
telied before God, that they never knew nor heard of any ill by the faid Sir Tloomas, or any Tryal with the
thing in the lead ways concerning any wicked delign againft the Kings Perfon, the Govern-' Nelthrop.
ment, or Religion of the Nation. Whereupon the faid Bo/wj being much enraged, fwore
and threatned, and then faid, if they would go and tellify what he had fworn againft Sir
Thomas, he fhould get 500 /. by it i but if they refufed to do fo, he Ihould be utterly un-
donei after this Bolron was very melancholly, and being ask'd if his Confcience did not
trouble him for what he had fworn againft Sir Thomas, he declared, That if fome Perfons
would pafs it by, he would not profecute him any further. One of Sir fhomas's Servants
went
(4)
went to BolroMS Houfe that .night about nine a Clock, and found Belrons Wife in bed cry-
ing extreamly, complaining that her Husband had lately made her fet her Hand to a Wri-
ting, pretending to her that it only concern'd her confcnt to part with her right to the
Houle at Ncrv-Cajile, which (he willingly agreed to h but (he now found if was a Writing
wherein her Husband had accufed Sir IhomaSy and fevcral others, but had. not found pro-
per to produce it as yet.
TheiStbof that Month Sir was exarain'd at the, Council-Board, and'the day
following he was committed to the Tower i, now ^ who was alfo returifd j confi-
dering that he had often named Mr. Corl^cr, ( a Prifoner in ) as a Man he intimate-
ly knew, though in truth he had never feen him in his life •, and thinking alfo that it was
neceffary he fhould be able to difiinguifh him at leaft^from other Men, ( againfr the
time he fhould be brought to charge him about the Plot, and .about the Moneys returned to
him) he came on the 22d of July lalt to the Prefs-yard at Newgate, in another Man's
Name, deiiring theTurn-key to bring Mr. CorJ^r to him i Mr. Corker bejng infbrm'd thaf
a Stranger would fpcak with him, very prudently deiireda Gentleman thtnptefentto fkp
down, and fee who it was i the Gentleman coming intothej,^<x, and asking before forne
Proteftants that were by, who would fpeak with Mr. Cflr%'"^ori^.^''®'tfuppdfing him to be
the Man, call'dhimMr. Corker, and ask'd him how he did, ptjy'ending a particular know-
ledge of him, and feveral years acquaintance with him.", whereat the Gentleman following,
the humour, fate down by him, and drank with him i fo that the familiarity cncreailng,
Bolmi ( among other things ) fold him he had feveral times heard him fay Mafs i where-
upon Mr. Corker being made acquainted with this pleafant Paffage, came down to the Box
likewife, and fate by Bolron, who knew him not in the Icafl, but wholly applied himftlf to
the others all which the Proteftants, and others prefent, haveattefled under theii Hands.
The like accident happened to Bolron the lafl Summer Affiles at for there he
demanded of Mr. Butter the Goaler a fight of h's Prifoncrs, ( a Method learn'd of the Con-'
fraternity at London ( to whom all Prifons were open at their call ) and having ther?
throughly view'd and furvey'd one Lambert, he at length faluted him by the Name of one
Osbaldejhne who anfwering that he was not the Man, Bolron told him that he was, and
that he would fwcar that he heard him fay Mafs: Whereon Mr. Butler replyed. That he
was a rafh Man, for that Lambert wzs a Tradef-man, as feveral could teflihe, and befldcs>
Oshaldeftone was twenty five years elder.
At this time Bolron becoming more known in London, and familiar, was advertifcd by
*Who had fome of his new Collegues, * and Well-wifhers, in plain Language, that he had made a
perufalof pri- niighty falfe Itcp in fwearing on the qtB of July, That Sir Thomas had faid to him on the
vfould a0 to 1^11 the King, he would fend him to hu Son Thomas,
ees for their' would irfrucl him hire doit, and that he Jhould have looo ]. reward y whereas in truth
better infor- it was found that Mr. Lhomoi Gafcoigne was gone to Tar'u about eight weeks before that
mation ^cth of May, with His Majefiies Licence or Pafs-Port, and had continued there ever fince
through mofl much company. Bolmi was extreamly furprized in having fo unluckily natned Mr. Lho.
Offices. Gafcoigne to be his affitfant to kill the King, at a time when he was not upon the Land,
nor of fo many weeks before had been, and which his former Depofition implycd, and as
he had affured the Lords on Oath, and they had found it different, Bolron was at a lofs,
but his Brethren had bethought them of a Salvo i he confided the Point to others alio,
Ihews them Copies of all, and it was refolved the Redrefs fhould be by a fecond additio-
nal Information ( given in about the end of the faid July ) to reconcile the former, and
to cover the Artifice of it by a latter Superfoetation of fuch old and new things as might
be proper, and feem natural i but it's plain, the drift of the faid Addition was to make
Sir Lhemas have fpoken to him in thefe different words from his former, viz. If thou wilt
nndertaky to afft^ tolfll the King, 1 will fend thee to my Son, ( if in Town ) who, with the
reft that are concern'd, _lhaS inftruCi thee bow thou Jhalt ajjifl in it, and thou Jhalt have lOoo I.
reward. Having fworn thus in his fecond Depofition, and compofed the Matter as, he
thought, the Confult advifed him to apply now to the greateft difficulty, which was to
get a fecond Witnefs, who might confirm what he had already fworn.
Therefore about the beginning of AuguJ he fets out for Torhjhire y and pretending he
had many Priefts and others concerned in his Plot, he obtained Moneys and Commilfic.ns
to feize and fccure all fuch Papifts as he found obnoxious i aird under this pretence going
to Leeds, he woirderfully careffed his old FelJow-fervant Maybury, informs him of the fc-
veral Proclamations, Narratives, and other Tranfadlions at London, fhews him how mucli
the World was mended with him, tells him how eafie it is, not only to get a Pardon for
any former Felony, Forgeries, &c. but to make ones Fortunes for ever, and alfo to be rc-
veng'd on all Enemies. And that certainly the Lady fem^eft ( Daughter to Sir Ihotma Gaf
eoigne ^..could.nol be deem'd hk Friend, who had fo detanVd him, and blafted his Pvepu-
' " ' ' ' tatioh
(5)
tation in her noife ahont her Trunk, and the Moneys taken from the Family, which In ^
time might have a worfeeffedf;, and he fuffer for't, when too late to repent the lofsof this f^vorn this "
Golden opportunity to dellroy her and fecure himfelf. treafonabic /
Maybicry thus won hi tew days, declares himfelf aWitnefs, notwithhanding he had few difcoorfc to.
days before proteded tol'tvcral, ( who were amai'dat Sir 7/Mmashis Charge ; that he be-
liev'd Ipm to be moll unjuhly accufed i nay Bolron was fo pleafed with his new Conqucft, ±cSpringpTe.^
that he^tclis a young Woman, (whom Maybury courted ) that (he might marry him now cedent, when
with fatisfacfion, t'er that he had ingagcd him (the (aid Maybury ) in a Buiinefs againlt tome of the
SitTbomoi, and that helhould be well rewarded out of his Eltate, and come to great pre- Accufed vvere
ferment. Methods and Circumftances being now fully (etlcd and agreed upon by them, "_1''ncvv
Maybury goes to-Mr, and Lowther, Jnfiices of the Peace, and acquaints them in ^ ij^e solron)
fhort of his buiinefs •, whereupon the 16th of Augufi the faid Maybury informs th^m upon advertifed by
Oath, ( and as it appears in his Narrative more at large ) That Sir 7homai,Gajcoigne and the Brethren
Sir Miks Staplcton had made Deeds ot Trulf of their Eltates, and that about Michaelmas
76, ^ Sir TlwwiW, his Son Mr. Thomas, the Lady Tew/'ejf, and Mr. being in Barnborv proof that'
Dining-room, he heard them holding feveral difcourfes concerning killing the King, and would enfue,
firing of London md Tork^, &cc.- That there was in the Houfeone Dodor Staplcton, he turns the
who coming from another Room, and finding him at the Door, went in, and in a low Spring into
Voice delired them to forbear their difcourfe, for there was one at the door. And SHecoul'd'
thereupon her Ladifliipcall'd him in, and fent him down to entertain fome Strangers i and vcr-hear low
that he heard feveral difcourfes from Sir Thom.is and Rujhton about a Nannery to be eha- as well as
bliih'd at Volebankp, and of Sir Thomas his felling po /. per Annum (or maintaining it. high, and
Whilll Maybury was hugging himfelf with Bolron, that this Information would fuddenly hioughat a
be at the Council-Board, he found more than a fortnight paffed, and no manner of notice ATnc"thaa
taken of him, his impatience prompts him the laft of that Month to write c to Sir John before.
Nicholas, that there were divers material Gircumliances relating to his Difcovery, which ' He becoaies
were not inferred in his tirll: Information before the Judices, which (hould be declared when and
the Council (hould command a full account from hinat Upon this he had a Summons by a
Mefoenger fent him on purpofe, and a Letter fupcrfcrib'd To Mr. Lawrence £)5otob?a^, at his in the County
Houfe in TorkJhire\ and fo repairing to on thefecond of Dc7o^er following, he in- implied then,
form'd Juftice Warcup hy Order of Council upon Oath., that he had not difcovered all he whereon aRe."
hpew ^ of the horrid Plot, for fear of TorkcJhire Papifis, whom he was to detect i but now ™deTnd
would do it, conceiving himfelf under-the Protedion of the Council, and hoping that fometldng
they would intercede for his Pardon: «Then he faid. That in the Year id74. he came to more to re-
Sir Thomas, and was with him in his Service till January 16^6. c^c, — That waiting on concile it.
Rujhton at the Altar, he was permitted to be in his fzrivate Chamber, when other Prielfs ^ was
were confulting with him, &c. as appears more at.largc in his Narrative and Infotma- grantedTim
tfons. and his Col-
. / That he took the Sacrament of Secrecy from Rujhton, and well remembers, that about kgue. '
Michaelmas i6']6. there was an AfTcmblyof many Priells and others at RuptonsChamher, ''^•O-hisMcj
when they all agreed anddeclar'd that the King Ihnuld be kill'd, and then Fire and Sword ''^and'relb^^'
were to be imploy'd againft the Oppofers of the Catholick Religion, and all or moft Ca- frAock fo7^
tholicks were engaged therein. — That Rupton then produced to the Priefts a Lid f of 4 or furc Accufati-
500 Names engaged intheDefign, and he had read many of them, and remembers very ons, if hisfirfl
well that Sir Thomas Gajcoigne, Sir Miles Stapleton, Mii Thomas Gafcoigne, the Lady Toiypp/f, f"'j^"ded.
Thomas Prefiek^, and many others were in the Lift: That Moneys and Arms s were colled- produccd^^'^
ing i and that on the Jirjl of January idyy. he wrote a Letter ( for fo he fwore and con- ^ T.o. by'him
firms in his Narrative ) to the Duke of Monmouth at Whitehall, which he fent that day by degraded
the Poft from Leeds to London, declaring therein, ( not in hopes of Reward, ( God forbid) Ho-
but as a true and Loyal Subjcd to the King ) that fome Papift-Confpirators had a wicked
and defperateDcfign againft the King •, and by an immediate Infurredion to proceed with knowledge of
Fire and Sword,till they had altered the Government,or fetled'the Crown upon the Head of the Plat.—
feme other Perfon. ^ So that by confequence the Death of the King, was confpired aiid fought A"*' ^t Sir
for.— That this Confpiracy was to his knowledge contriv'd almoft three years ago, and
now was at the height of a defperate refolution.— That his Heart was Loyal and true to vercndFa^her
the King \ but confefs'd, that through Ruptons perfwafions, he himfelf had fubfcribed to and Bolrons ^ *
this wicked Dcfign, and now was forced by his Loyalty to his King, and to clear his ftain'd good Mother,
Confcience, to reveal it; That he would endeavour to procure:? Liji of the Confpirators Macontefl
which he had fecn and fubfcribed to. That he was certain Mr. Jngoldsby, Sir Thomas Gaf- J,"
coigne, Thomas Gafcoigne'E^cp),S\r Miles Stapleton, with many others, had fubfcribed it,'and macy'due^tT
were great promoters of this Ad, and are ftill providing Force and Arms to carry on this one of their
Defign. That he begg'd his Lordftiips pardon for this boldnefs, and intreated him to
communicate this to whom he thought fit, That at prefent he durft not fubfcribe his
G Name,
:?zi
* Whereas by
his Narrauve
fince printed,
and Proofs of
his conftanc
Iiabiration, it
appears lie
was ih London
from Spring
to the end of
tlie faid year.
•> yj-' As in
his Narrative,
foU 15. fays
but ibi-
dm P. 21.
fays it from
Lieds.
* All Catho-
licks do the
like, when
they fear any
frefh perfecu-
tion, or re-
newing the
Poenal Laws.
Bolron his
variation
fronv his firft
Depofition,
and uniting
with the fe-
cond to falve
the former.
(<5)
Name, being within the • Claws of the Papifts, but upon protedion from them he would
acknowledge the Hand and Mark fubfcribed. i. January i<?7^ yet fent from
Leeds as a few Lines before he had depofed. This is the effedl of the pretended Let-
ter, which forfooth never came to the Dukes Hands i and yet l etters we find do as feldom
mifcarry here, as in any place of the World j but the whole defign is ( Reader ) fb vain,
that one would wonder how a Man could fancy fuch a childifti Fable would take and falve
his not difcovery of the Plot before i for he not only lay dormant three whole quarters of a
year, I mean the whole time between the date of his wifes Letter, and T. 0. his appearing
in .the World, but almoft a year after the full difcovery of the Plot, notwithrtanding the
encouragements the WitnelTes had by the Kings Royal Proclamations, and the mifery of
the Catholicks in England were in: But to be Ihort, it appears by what is already faid and
flif w'd, that this Mayhury was fo far from writing any fuch Letter at that time from Lork^
or Leeds, ( and he fwears both ) that he was then adually at London, ( as feveral Prote-
ftants here are ready to teliitie.) So that his delign and ambition was not only to equa-
lize, but alfo to exceed and out-go thofe of the Kings Evidence that had got the ftart of
him in the fuppofed Difcoveries.
Sir Jhomas Gafcoigne being committed to the Tower, as has been mentioned, an Indidf-
ment was prcferr'd at Leeds before efpecial Commiirioncrs of Oyer and Terminer, on the "ytb
of November, againll him and Sir Miles Stapleton, for that they, with feveral others, on
the aforefaid ^oth of May idyp. at Barmborv confriv'd to kill the King, &c. and that Sir
Thomas then folicited Bolron to't, and promifed him a thoufand Pounds for't i upon the E-
vidence of Bolron and Maybury it was found j and Bolron being then ask'd, if Maybury had
not been fufpec^ed of Healing Money and Jewels, he faid, No ■, ( and that the things fuppo-
fedtobeftoln, were his the faid ) fo that the denial is a new elcape, anddiredily
contrary to what he found by his Copies he had fworn before the Council, of the faid
Maybury parting from Sir Thomas on fulpition of Theft.
TheP«yo«£T was under infinite difadvantagcs, he being about 85 years of age i he had
of late years almoft totally loft his Hearing i his Memory was mightily dccay'd i his Sight
bad i his Hands fhaking i his Body crazy j his Mind fo little intent to publick bufincfs, tha t
he was not in London but once in thirty years, and that was in palling to France and back,
which happened about 14 years ago. This poor Gentleman now finding that thefe Per-
fons had fworn poiitive Treafon againft him, and underftandir^ by fome who were inti-
mate with them, and had had a fight of their Papers, that they had pofitively contradict-
ed themfelves in their feveral Informations, he thought fit to petition for Copies of the
faid Informations, but was denied them 5 fo that all his depcndance, under God, was his
Innocency, and in the alliftance of Mr. Charles Ingoldsby a Lawyer, and his near Kinf-maB>
and therefore to him he committed all the management of his Affairs.
On the 2^th of January he was arraigned at the Kings-Bench Bar, where, firft croffing
himfelf with his Hand, he anfwered. In the Name of the Father, and of the Son, and of the
HolyGhoJi, Amen. Not Guilty. Now he prayod, the Court, ( fome of his material Wit-
neffes being at Faris ) that his Tryal might not be till they could conveniently be fent for,
for he feared the day appointed for them was of the fooneft, and fo it prov'd, for they
came not till a day or two after. Belron finding that Sir Thomas rely'd wholly on Mr. J«-
goldsby, ( as has been faid ) what does he, but informs againft him as a Conlpirator, and
fo got him feiz'd by a Meffenger, which fell out whilft he was actually penning Sir Thomas
hisBreviate, which amaz'd not a little every body i (ot Mi, Ingoldsby hzd not only openly
frequented London and the Kings-Bench Bar every Term fince the Plot was firft talk'd ofj
but was at home in Torhcfhire when Sir Thomas was accus'd and taken with the reft i nay he
was publickly at Torh Aflizes, ( as Mr. Juftice Dolhin acknowledged ) when Bolron came
thither with Commiflions to apprehend whom he pleafed: Nay yet more, was in a Room
where Bolron cametofearch, and yet took no notice of him there neither.
The iitbof February SiiThomas was brought to his Tryal,Serjeant Mi^nardznd Mr.Attor-
ney, Mr. Solicitor and Mr. Recorder being of Counfel againft him v and there Bolron fwore,
that he came to his Service in the year 1674.— That a Deed of ® Truft was executed to Sir
William Ingoldsby by Mr. Charles Ingoldshfs advice about April. 1^75. and that Sii^ Miles S,
faid it was well done. — That in i6y6. SiiThomas faid that he would fend 30001, to the
Jefuits at London for carrying on the Defign» but if fent or not he knows not. -r-That in
16']'].SiiThomas, Mi.Thomas Gafcoigne, Mi. Ingoldsby,Lzdy Tempefi,zx\A. others, met at Sir
Thomas's, and agreed to eftablilh a Nunnery. — That Sir ihomas was to give po /. per An*
towards it) and be Canonized, his Son Thomas to be made a Privy-Councellor, &c.
That they were fix hours in confultation to carry on the Defign. — That in March laft Mr,
Thomas told his Father he had gotten a Licence to go to London.—- That he tvould fly into
Francejtfwc/ commit the Defign ^ to thofe muld not fail todo AndSiiTho. apprcv'dit. — That
on
32h,
(7)
on the 30tJ& of May he went into Sir thorns his Gallery, and Kufhtoti chid him for taking
the Oaths of Allegiance» and told him it was meritorious to kill tho King, and he would
aflSft in'ti but, he, Bolron would have no hand in it.—That having ftaid hy S'^x thonm
his order till he returned, Sir thomas took him into his Chamber about fix a Clock that
night» and having ask'd him the difcourfe between him and which was fo ton-
trary to the prefent purpofe> yet faid, if thou wilt undertake to aflilt to kill the King, I
will give thee a thoufand Pounds, and fend thee to my Son Tow, if in London, or elfe too-
thert concerned therein. But herefufing to have his Hands in Bloody Sir TfioWi^r pray'd him Bnlrori renetvi
to keep it fecret, and he promisM iti 11°'^
Bolron being ask'd by the Lord Chief Juftice, when he firft difcovered this to any body ? position.
he faid, that about a week or a fortnight after he went to Mr. Tyndal, and upon Oath in
writing inform'd him that Sir thomas oifer'd him a thoufand Pounds to kill the King •, and
that Mr. Tyndall faid he would give the Council an account thereof, and ilTued out his War-
tant againft Preffick^, but not againii Sir Thomas: Whereat his Lordlhip feem'd to wonder
yet more, as well he.might.* — That in the latter end of June ( he ihould have faid the * tofeefo
beginning of July ) he came to LW(?», and was examin'd by Sir E.o/'ert and car-
tied to the Lord Shaftsbury the. iauxth ditto^ — and there he might have told how that he fnfonraticn
then made a full Information upon Oath > and that upon the 2c/th he made the amend- as nor to ftize
ment» both which he hath now united into one, as he had done in his Narrative, lelt he ^ir rfc®. in fo
fiiould offend the Criticks with his humane frailty, and want of memory in fo frelh a mat- '^portant a
ter i but he thought better on't, and that it would be a difcovery of his chiefelt Mailer- ^
piece.
Mayhury being next fworn, depofed, That he came to Sir fhomas''s Service in 1^74. and
liv'd with him till January \6'}6. that divers Prieiis came to Sir Thomas's^ and he ferving
at the Altar, was permitted to be with them. — That idyd. he heard them difcourfing of
bringing in Popery by Fire and Sword, if it could not be done by fair means. —• That
2or^ and London ihould be fired, and the King kill'd for a Heretick. — That Kujhton faid
fo, ( Sir thomas not being prefent ) but Sir Thomas^ and his Son thomas^ and the Lady
Tempeji^ and StephenTempe^i xccciycd firft the Sacrament of Secrecy, •> and then were made fcisbut
acquainted with it, who all agreed to kill the King, and he the faid Mayhury received the in Hifto-
Oath of Secrecy alfo.
That about Michaelmas 1676. he faxv a Liflneith 500 Names that the Title of it voas, theg"e«eft
Tfie Names of them engaged in kjUing the King, and fitting up the Popifh Religion'y that Sir Princes have
Thomas Gafcoigns Name vaas to it raith his own Hand, as alfo the Lady Tempcft, Mr. Tho- taken theSa-
jmas Gafcoign, Mr. Stephen Tempefts, Sir Walter Vavafours, Sir Francis Hungates, the "ament, on
Townleys, and /cwm/oti&crj-. — That they dilcqurfed of Commiflions, Indulgences, and even
Pardons from the Pope for it.—- That abput Michaelmas i6')6. Sir Thomas, his Son Thomas, Articlero^
the Lady Temped, Sir Miles Sfapleton, and Rujhton , in the Dining-room at Barmbow, de- peace,leagues,
dared they would do their utmoft tp kill th,e King, and would venture their Lives and E- marriages
fiates therein.— That VoUor Stapleton corsm^ from fome other part of the Houfe, went State. But
in,iand told them, that, he, the Deppnentj was at the door i that thereupon the Lady thdfcksin'"
Tempejl bade him go down and entertain Sir Miles his Servants. — Being ask'd why hedif- ptlvate the
cover'd it not long before? he anfwere.d. That about Michaelmas 1675). he difcover'd it very word Sa-
to Mr. Tyndal, but durft not do it of three years before, for fear that Papifts Jhould kill of
him. He further added, That be turn'd Proteftant about the time that the Plot firft came unXTftood
out •, which occafioned the greater wonder in the Auditory, confidering him a twelve- or fcen pra-*
month filent, when Oases and the reft had broken the Ice with fuch fuccefs gnd encourage- ffifed, as Mil-
ment, and a whole Nation with their Reprefentative * (landing at his back. can te-
Several of Sir Thomas his Almanacks, which were taken from him, were produced alfo ,0^7. „•
againft him, and there it appear'd, C by his own writing) that from the 2iJio(July MajeftiesPrL
I <$78. Mr. Corkpr had received from him 50® /. and diredions were there alfo how to fend clamacionsand
Letters to Mr. Hurcowrt, and about buying Hewcr/f?, and likewife about buying the Rever- AfTurancesof
lion of Heworthfox his Niece Thscing'y as alfo a Memorandum to zccpiaint Thomas Tbwing Reward to
with bis defign, and other Notes i as alfo a Paper of the $th of June 78. which had been
taken out of Sir Thomases Chamber, was produced againft him likewife, being a Letter and hishaving
from John Praffet, and a Paper to Mr. Benefgild, with a Provifo, that if England fhould be liv'd in Lm-
converted, then the whole po I. per Annum fhould be applied to purchafe Hen'ort^, and the about a
Writing to be made without any alteration. Moreover the word Tes, on the fide of the y"'"*
faid Paper, was written by Sir himfelf. don and Con-
There was alfo a Letter of the 24?^ of May laft from Mr. produced, wherein he veriation
he declared the taking of the Oath, as now worded, damnable i but fome Letters that known fincc
were for Sir Thomas his advantage, and would plainly have made appear fome of Bo/row
Informations to be moil infulfe and inconfiftent,were fuppreffed and kept from tfie Prifoner,
and from the view of any. After
y
Protcftant.
Protcflanc,
Protcrtanr.
Proteftant,
Proteftaut.
(8>
After this Richard Fijf}tvic}{was fwbrn, who declar'd, that he had ferv''d Sir 7/^owi/a->
bout fix years, and a Writing was fhewn, whi^h gave an account of his returning.iir fix
years 6000 I. to London. This the Czid' FipTpickJ^ own'd, and that part'tllercof ■ was $ir
Thomas his own Money, part of it was Mr. Thomas Gafcoignes, and the Lady and
tliat Mr. Thomas Gafcoigne had 4 or 500 I. per Annum^ and the Lady Tempeft 3'or 4C0 I. per
Annum. Mr. Attorney General produc'd an Account out of Mr. MawfoCs Book, That
irom March 1674. tft December 16']']. there was return'd from him to Sir 2/:?ow<rj-2500//
and that fcveral Sums thereof were paid to Mr. Corker-, which Sum was taken as part of
the €0001, return'd from Tork^fhirey as before mentioned ; And here Mr. Attorney ended,
faying, that he would give no further evidence at prefent, till he heard what the Prifohet
would offer in his defence. ■ ■
Sir Ihomas^ who all this while underftood not one fyllable from the Wiitne/fes thcmfelve5f
of what they had fworn againft him s but having by his Solicitors, holloWing in his Ear,
an imperfedt apprehenfion of fome Particulars, prayed the Court, ( after lie had a little
confidered his Breviate) that the Witneffes following might be examin'd i who being call'd,
teflified to this purpofc.
Mr. James Babington teftified, and offered to depofe, That he was, and for feverat
years had been Attorney at Law to Sir Thomas Gafcoigne i and by his diredfion fued Bdron
in May laft upon his two Bonds of 20 /. and 28 /. and that Bolron defired him to frrbeai
fuing him for a fortnights time, and promifed to pay the Money due upon the faid Boi,ds,
or to fecure the fame. That Bolron alfo offer'd afterwards to make a Mortgage of his
Houfe at Nen>-Cajile for Sir Thomas his fccurity > but that his Wife refufed to joyn therein,
unlefs the Bonds were cancell'd. That on or about the 13th of June laff, he, by Sir
Thomas his dircdlion, delivered Bolron a Declaration of Ejeciment for tire Farm he liv'd in,
and told him that he had Orders from Sir Ihomas to proceed againft him i and Bolron faid,
■ By God then will I do that which 1 did not intend.
Obediah Moore teftified. That he being bound with Bolron in the faid Bonds, prefs'd hiro
for Counter-Security i but Bolron told him, that he need not fear i for if Sir Thomas offer'd
to fuehim, he would be reveng'd on him, and inform againft him; That after this,
he the faid Moore fued Bolron, and that upon the 2pth of May laft feveral Bailifis by his ap*
pointment attended to arrcft him. »
Stephen Thompfcn teftified. That he was likewife perfwaded by the faid Bolron to be ano-
ther of his Securities for payment of the faid 48 /. Capital Money to Six Tfoemas v and thai
he pray'd the faid Bolron to keep him harmlefs from the fame i and Bolron thereupon toM
him, if Sir Thomas Gafcoigne fues me, I will do his worl{ for him. Whereupon he askld
Bolron how he would do it, and if Sir Thomas wzs\ii] the Plot? Bolron faid no, heisa's
clear of the Plot as the Child unborn, "but he would inform againft him for harbouring'bf
Friefis. That after Sir Thomas was irnprifon'd, the faid Bolron declar'd, that what Ik
had faid of Sir Thomas his not being in the Plot was falfe, and was fpoken by him when
he was a Papift, and could fay any thing. That now he was offer'd Money for difcover-
ing the Plot, but would not take it till he knew what Dates and Bedlow had done. —- That
before he gave his Evidence he would have as much Money as they had "> and further, that
he would thereby difchargcthe faid Debtand thenthefaid Bolron dtllr'dhim not to dc-
dare what he had fpoken.
IViHiam Backhoufe teftified, that upon the Jth of Julyiilk he was charged by Warrant to
carry Bolrons Wife before Mr. Lorrther, but that fhe was fick in bed, and cry'd, and re-
fus'd to go, faying. That Jhe knevo nothing ill againjl rSiv Thomas; That thereupon Bo/rw
threatned her, telling her fhe muft go and fwear againft him, or elfe he would draw her
thither at the Carts tail, .
Cuthbert Hemfworth teftified to the fame effe<ff. Then :
Nicholas Shippen teftified, That upon the 251th of May laft he was at Garforth Horfe-race,
and that night he faw Bolron, who ask'd him if he had feen any Bailiffs abroad i that he
told him he had feen Obedia Moore, and two Bailiffs, going towards Bolrons Houfe that
Evening i whereupon Bolron wifh'd that he might efcape them. That the day following
( being the very ^cth of May, or day on which Bolron fwore, he had thofe treafonablcdif-
courfes with Rujhton and Sir Thomas i Bolron came to his the faid Sloippens Houfe about two
a Clock in the Afternoon, and ftay'd there till two hours after Sun-fet i and that Bolron was
never out of his fight all that time, having told him that he camjC thither to fend a Letter
to Newcajile, for that be durft not carry it himfclf to the Poft-houfe for fear the Bailiffs
fhould take him.
Roger Grigfon teftificd,That in Auguji laft Bolron faid that Sir Thomas would come off well
enough, only it would coft him Moneys > and in cafe Addifon that Rogue had not examin'd,
and taken his Accounts, he would never have done what he did againft Sir Thomas.
mi!i0m
Protcftanr.
( 9 )
IFilliam Bateby teCxihcd, That about the beginning of Aiignji ( he and George Vixon being Proceftaut.
together, and Bolron and Maybury in another Room ) he heard Bolron fay to Maybury^ that
Sir Ihomas and the Lady T^empeji had been fevere againll them, and now they had an oppor-
tunity to bereveng'd on them. That Maybury faid Sir Ihomas was an honeh Man, and.
that he knew no ill by him, nor had ever done him harm i but that if he knew any thing
againft the Lady Tempeji he would hang her. That Bolron reply'd to Maybury^ that if
he would be ful'd by him, he would advife him how to accomplilh his delires "> and added,
that he was fued by Sir "Thomas^ and that if he made not out fomcthing againft him, he
fliould be ruin'd. That if they both joyn'd and Ilruck at them, it might be effedted, no-
thing being to be doneagaind them, but by the Tcitimony of two VVitnelfes. That
in cafe Maybury would come to his Houfe, he would inllrudl him therein, and that he
would engage he (hould have a good reward out of Sir Thomas his Eftate > and thereupon
he heard Maybury agree thereunto.
George "Dixon conhrm'd this Tedimony, whereupon Bolron anfwered. That upon Proteftant.
iheOath he had tak^n he had never feen the VFitnefs. And Maybury faid to the fame purpofe i
Which feetn'd not only ridiculous, had their AlTertion been 'true, (for a Stranger may
over-hear as-well as an Acquaintance ) but caus'd the Witnefs in indignation at their im-
pudence to declare, that they were well known to each other i and this feveral can tedihe;
One of the Judges urged againd the Prifoners Witnefs, why this Combination of
Bolron and Maybury was not fooncr made known to feme body s and it was immediately
replyed to his Lordfhip, That it was very early communicated to their Acquaintance, and
named feme regardable, being Protedants alfo.
Mrs. Deborah Jefferfon tedihed, That about the beginning of Auguft lad Maybury faid to
Iter,; That Sir Thomas "was a very honed Gentleman, and that he b^eliev'd he was unjudly
accufed.
Mr. Matthew Hickeringal tedified. That Maybury was generally fufpeded to have dol'n
feveral confiderable things from Sir Thomas Gafcoigne, and the Lady Tempeji i and that in
•September hli Maybury told him that Sir Thomas and the Lady Tempeji had endeavoured what
they could to take away his Reputation and Life: That they deferv'd as much from him,
and he would now requite them.
Mt. Peebles tedified, That Bolron had done feveral ill Actions, and that he had com-
"plain'd of the yWger the lad Aflfocs at Tor\^ as not regarding him, nor admitting him to
fpeak with them. -That both Bolron and had no good Name among their Neigh-
bours, and that he could fay more againd them, but that he, was unwilling to't, in regard
they-were the Kings Evidence.
IVilliam Clough tedified, That upon the 2 yth of Mr^ lad he arreded Bolron by the di-
reft ions of Mr. Hkkeringal^ ( Steward to Sir Thomas ) and that he then declar'd, that he
would be reveng'd ofSjr Thomas, if he got free from that Arred, for that he faid it was
through Sir Thomas his means that he was arreded.
Francis Johnfon tedified. That Bolron had much wrong'd Sir Thomas in his Accountsj
whild he was in his ServicCj and look'd after his Cole-pits, and mentioned fome particu-
lars.
Alice Carpmel tedified Bolrons malice, and Maybury being fufpefted of dealing of
Money i and would have proceeded, but was interrupted on direftions of the Kings Evi-
dence of being a Plotter;
' -Mr. Edward Hobart tzhdhtd. That Mr. Thomas Appleby maxned one of Sir Thomas his
' Dahghters, and by her had Ilfue and Helena, and that towards raifing of Portions
for ?hem, after fome years previous provifion, their Father had granted out of his Edate
a Root charge of 200 I. per Annum to Sir Thomas for 21 years, and he produced the Deed
in Courtj and faid, that 4 or 500 /. thereof being in arrear, Sir Thomas commenc'd a Suit
in Chancery, and the Arrears were thereupon paid him, and the poo I. aforefaid, which
werof&ut to Mr. Cork^, were part of the faid Mary's Portion, who is now in a religious
Convent beyond Seas,' and were return'd by him to her, fornootherpurpofe whatfoever 5
he the Deponent having drawn the Acquittances for the fame i that he was privy thereto,
and conftantly entred the fame in his Account-Books. That the other Siller
was 'difpofed in Marriage, and 2000 /. of her Portion was likewife paid not long after.
That he Was likcwife privy to Sir T/joffwr returning 1^88/. to Mr. Mawfon, and that the
fame waspaid to Mr. Trumbull and Mr. Mauleverer for the Purchafe Sir Thomas made of an
' Ellaf^cit Manftone in To^-k^Jhire i that he Was at Mr. Trumbulls executing the Conveyance
' thereof, and drew the Acquittance for the faid Money. That 200 /. more of the faid
Purchafe-money was paid to William Errington, and 80 /. more thereof to. Widow Cojion,
in purfuance of direftions from Sir Thotnas, That he the Deponent had feveral I ettcrs by
him, -ciirefting Payments to feveral of Sit Thomas his Brothers, Sillers, Children, and
D Grand-
Protefiahc.
Proteftant.
Proteftant.'
Proteftant;
(lO)
Grand-children abroad, which Payments to his knowledge were made accordingly, and
that the fame amounted to no lefs than the^ooo /. which Mr. Fifhivicl^dcpokd he had
return'd in fo many years, and that the faid Moneys were paid to no other ufe, than as he
had before declaredi
Sir Thomas had many more Proteftant WitnelTes in and about the Court i but by his not
hearing from the Mouths of the Parties themfelves what had paffed either for or againfl;
him, and efpecially the interlocutory difcourfes, ( which in a falfe accufation ever afford
main advantages ) and by his being dim-fighted, fo that he could not readily nor methodi-
cally follow his Breviate > as alfo tyr'd with long Handing, and flun'd too with the often
hollowing in his Ears, he became fo amaz'd and confounded, that he was wholly unable to
help himfelf. Nor was any body fuffer'd to call his Witneffes, till he had named them >
and therefore feveral never appeared. Nay the hurry was at length fo great in Court, that
fome of them were difmifs'd before they had half done > fome being call'd too quick after
the others, that the latter got in firft, and the former call'd loft admiflion i which the Prifo-
ner not perceiving, and his Friends not permitted to re-mind him, was a great difappoint-
ment in many material occurrences i amongft other things, thofe WitnelTes which happen-
* Which omitted ftood ready to teftifie and make out the Thefts of * Maybttry: Others his
though before Cheats, and manner of living at London'. Others the Gold and Medals fold and changed
fufpeftcd, by him ; Others the ill opinion Sir Thomas and his whole Family had of him, and Bolren
were only dif- alfo efpecially after their departure much encreafed ; Others how the faid Bolron threatned
thcnThf bc^ his Wife, if (he would not joyn to accufe Sir Thomas: Others how much he fear'd to be
fore Tryal arrefted hy his Bonds-men: And others of Mr. Thomas Gafcoignes being conftant-
of Sir Thomas, ly at Paris, or on his Journey thither from the 7/^ of ^pri/ ( which was almoft two Months
before the aforefaid ^otb of J till that day of the Tryal i which was wholly inconfiftant
with a moral poffibility of Sir Thomas his dire^ing Bolron to hU Son Thomas,to ajjtjl him
in the pretended Propofition of killing the King, as Bolrons firft Information fworn to did run.
Thofe that were called by Mr. Attorney in behalf of the Kings Evidence, were —firft
Bolrons Wife > who faid, — That her Husband never threatned or endeavoured to force
her to fwear any thing againft Sir Thomas. Secondly, Bolrons Grand-mother, who wit*
nelTed, that he was a very honcft good Man. And laftly, Fijhvokk^ who declared. That
whilrt he the faid Fijhmck^ liv'd with Sir Tbomas,hc knew no difhonefty by Bolron. Now it
feems Fijhmckhad. left Sir Thomas his Service long before the Examinations of Bolrons Ac-
counts, and the other matters afterward laid to his Charge, were made.
Mr. Juftice Jones ( by reafon the Lord Chief Juftice was gone to try Caufes in London )
fumm'd up the Evidence » and having done it with the ufual Tope of flicwing not only
the Principles and Pradifes of the Papifts, generally fuppofed to be believed, but the po-
fitivenefs of the two Witneffes Oaths for the King i and then difcending to fome Particu-
lars in behalf of the Prifoner, he left the whole matter to the Jury. After Mr. Juftice
Dolbin had remembred him of a thing forgotten in the re-capitulation, very confiderable,
tiz-ThatSix Tloomas (as had been prov'd by ProteftantWitneffes) did fueBo/ro«
not only before the ^oth of May, but juft after alfo j and yet he had then ( as Bolron
fwore ) propos'd the killing of the King to him. But in Counterpoife to Juftice Dolbins
* A thing un- Remark, Mr. Juftice Pemberton offer'd the great tye of Sacramental Secrecy, * which he
heard of a- faid as if neither Life nor Death, Heaven nor Hell, nor any other provocation could move
r Catholicks to break, or to that effed.
hundreds ofThis done, the Jury withdrew, being, as the Law intends. Gentlemen of the Neigh-
them recon-' bourhood i and therefore knowing not only Sir Thomas, but his Accufcrs alfo, they confi-
cil'd to the dered that the faid Accufers were decayed and neceffitous Perfons, who had left their Ma-
Church of ^5 whole Country knew ) upon very ill accounts: — That they tim'd the Fad
feftific'^ ^ unlikely feafon, feeing the Proteftants of England were not only long alarm'd,
and upon their guard againft fo fmall, naked, and diftradcd a Party, but that moft of the
* If one Re- confiderable * Papifts were retir'd beyond Seas, and the reft ( which were but a handful)
rufant to 500 difarm'd or in Prifon, or in as low and dejeded condition as could be well imagin'd. That
ca^bf faid ^ Pardon of all paft Crimes, and an affurance of future Rewards, were great temptations
confiderable. repute. That no body of thofe fince accus'd Bolron and Maybury had
ever fled or abfconded, unlefs (Kujhton the Prieft ) who had refus'd to lend Bolron five
Pounds in his nectlfitics, and was obnoxious to the Law, purely on account of his being
in Orders i and in common fenfe ought not to appear.
That Bo/ron was indebted to Sir Thomas, and others of his Family, as alfo fucdbyhim
both before and after the ^oth of May: That he was at the Afternoon til] ten at night on
the faid ^oth of May at Shippens Houfe for fear of Bailiffs i and yet pretends that at fix
that afternoon he had the tteafonablc propofition made him by Kujhton and Sir Tloemas.
That both Bolron and Mayhury had declared an ill will to theit Mafter, and that they would
be
( li )
t)C reveng'd on hiim and his Daughter 7empcjl. That their Very confederacy procuring to * Sir Tho. Gaf-
make them guilty of the Plot, was over-heard by two Protehant WitnclTes. -—- That
they had not only accufed all Sir IhomM his Family and near * Relations, Friends and Scr- 5on 'lady
vants, to render him deftitute of all help, comfort, Witnefles, and defences bat had now tempefl his
juft before theTryal moft unreafonably and impudently feiz'd upon his Coulin and Gounfel Daughter, Sir
Mr. Charles Ingoldshy^ who was publick even at I'ork^ AiTizes in Court, and never was Staple-
touch'd, though Bolron came then with Authority to apprehend whom he pleafed, and was
often in Court alfo, where, as well as in other places, Bolron might have fecur'd him.
That as for Maybury^ he had been fufpedfed in the Country of the aforefaid Thefts » coigne, Prancis
that he had long been forbidden Sir T/jowijj his Houfe, which could not be imagin'dj had Gafcoigne,Ste-
he been a Confpirator. That the Lilt of the 500 Perfons, and the improbable Title
to-it, wz. ( A Lifl of thofe that ase ingaged to k^U the King,) was fo extravagant and j^i/en
fdolilh, that 'twas fufficient of it felf to invalidate all his TelHmony. That his lying Niece, iho»
flill fo long after the Proclamations and known Encouragements to all Witnefles in relation ih^vlng Ne-
to the Plot, (hew'd his idle t Letter, and all he had now faid to be an invention, and of a
late date alfo. That Sir Tltomas had above a dozen Proteliant-witnefles, who proved 7^mes
moft important matters in his defence, and had evidently made out the Ufes for which he Servant,
had return'd the <5ooo I. to London > and that as for Volbank^, it might have been bought Alice carpmd
with the Money and Portions of fome Nuns, for they are known fometimes when they Servant,
have it, to lay out their Money in this manner, that fo they and their Community may be o^er^'as
maintained abroad with an Annual Income, and confequently have always fome Relation jn their^Pnn-
or other for their Truftee, who ads as they dired, Befides, they confidered that a po- ted Narra-
fitive Oath by blafted Men, without any material Circumftances proved cffedually, or
produced, is of little force. That the very neighbouring Juftices did not i/Tue War- Ttyals
rants againft Sir Ihomas, though Bolron had accufed him of Treafon.-— That Bolron had + the Letter
mended and altered his firft Depofitionmoft corruptly. And laftly. That to fwallowthis in his Narra-
Evidence might be of a moft pernicious confequence, and would fettle fuch a ftock of Cre- tive being
dit and Belief on thefe vile Perfons, as might after the deftrudion of the Gafcoigne Family
extirpate Root and Branch many others in their Lift of 1500 in referve, whofe Loyalty andpublidtcd.
to their Prince hath been eminent in the memory of the Living, and was not at all doubt-
ed of hitherto.
The Jury declared Sxtlfjomas not Guilty, and accordingly he was acquitted.
There wanted not feveral of different Conceptions, who ( on occafionof the imperfed
and defedive management of this Tryal, by reafon of the Prifoners being decay'd, as well
in Mind as Body ) did fpeak and vote variouily of the Succefs, fo that fome of the Jury
mov'd at it, did give out Minutes of the Tryal, and theReafons which led them to their
Verdid, to many of their Acquaintance, and in reality who converfed the Prifoner more
intimately did perceive he was become very uncapable and unfit for fuch a performance
being dofed with Years, his Sence decayed, and his Mind difufed and abftraded of late
from Converfation. The Pamphlets of the Age have made him fince his Tryal a Fugi-
tive beyond Seas > but his unfatiableProfecutors have him in frefh purfuit here on new pre-
tences, and have wearied the Attorney General with fearch and expofition of the Laws
to bind and faften him on fome new Tenter > yet the old Gentleman prays for them and
the Nation > his Life is at the Kings Service, and his Soul travelling to his Creator, who
hath alfo witneffed for him, giving him length of days on the Land, a BleflTing promis'd
of old to thbfe who honour and obey their Superiors, as he profeffes to have done, and
hopes it will appear better when fome of thofe Perfons come upon their laft Pillow, where
God grant them his Grace and true Repentance.
Magna tji Veritas & fretvalebit.
FINIS.
An Attefiation of a certiin Intercourfe had bttween Robert Bolron, and Mr,
Thomas Langliorne, ( mifakn by Bolron for Mr. Ja. Corker ) wherein is
manifejted the Fal/hood and Perjury of the/aid Bolron.
ON the 22do^July i^7p. there catne to the Prefs-yard adjacent to Newgate two Perfons,
the otic called hinife'lt by the Name of and the other called himfelf by the Name
James. Baker declared he was the Man who had accufed Mrs. Prefwik^^ and Mr. Ihxving^
and is now known to be Bolron. Thefe Perfons told the Turn-key they came to fpeak with
Mr. CorkiT : Hereupon they were lead into a Drinking-Room, and Mi.Cork^r was called i but
he having expcrienc'd the faUlficd Oaths of others who had never feen him, and happily
rciledring thefe might be fuch, defired Mr. Fhomas Langhorne ( who was by chance there )
to go down and fee who they were i the which Mr. Pho. Langhorn did i and coming into
the company of Bo/mt, this difcourfe followed. Mr. Langhorn Would you {peak with
ine ? Bolron anfwcred, Your Servant Mr. Corker. Mr. Langhorn faid, Do you know me?
Bolron anfwered, Yes, 1 know you well, you will not deny your felf to be Mr. Corker ? Mr,
Langhorn {aid., Deny my felf? what are you? what is your Name ? Bo/ro« anfwered. You
know my Wife well, and I know you well, and I have known you feveral years, and feet^
you in fuch and fuch Places, ( which Places he named.)
After fome time fpent in difcourfe to this and the^ like effedf, Mr. Corker himfelf, tpge-
ther with an under Clerk of the Prefs-yard, came itito their Company, i but Bolron neithcf
owning nor knowing Mr. Corker^ the difcourfe continued, amongft other things, ( Bolro/t
Bill addrclfing himfelf to Mr. Langhorn ) affirmed feveral times, That hfi knew him to be
Mr. Corker^ and confirmed it byoften calling him Mr. Corker, and faying to him, I have feen
you fometiines in the company of Mr. Hubbert.^ and fometimes in the company of Mr.
Pepper., in the company of Mr. and feveral others i I have feen you in London, and in
the Country in Tork-Jlnre. Uting further expreffions of a long indeared familiarity with him.
At length Mr. Cprk^r, wearied with his impertinences, going out of the Room, Bolron in-
quired who that Gentleihan was ? Soon after theTurn-key coming by chance in, with Wine
and Tobacco, Bo/mz in the prefence of the faid Turn key, Mt. Thomas Langhorne, and the
faid under Clerk, called Mt. Langhorne by the Name ofjM?. Corktr, and faid he knew him 'i
and being defired by Mr. Langhorne ioteW what he knewofhim,he again pofitively affirm-
ed, that he knew him i and added in the prefence of the aforefaid Witnelfcs thefe Words,
I kiibw you to be a Pricfl, f an'd haye feen you fay Mafe.
The under Clerk admiring the impudence of Ba/row, herein jeftingly told him, that feeing
he pretended fo riiuch friendffiip and acquaintance ,whh Mr. Corker, he would do well to
do him a kindnefs in hot revealing vvhat he knew j and if you do him a Peny-worth of
kindnefs, faid the faid Clerk, Mr. Cor%r will give you a Pound for it. Bo/rw anfwered.
Aye, then fomcthing may be done. Mr. Langhorne, vyho all this while vyas fuppofed by thp
faid Bolron to be Mr. Corker, rcplycd, I will give nothing by way of Bribe. Bolron anfwered
No, T will take nothing by that Name. This is the fubftance of this intercourfe, and will bb
attefibd to be true, as it i? here refpedlively fet down.
Now notwithflanding this fo often, repeated-confident affeveration of BciB"f«r intimate
acquaintance and familiarity with Mr. Corker, feconded here by fo many pretended circum-
fiantial Inftances of known friendlhip with him i yet it is moll: certain, that he never knew
or faw Mr. till this before mentioned intercourfe at Ncrvg^zte: As is palbably mani-
feffiboth in that he took Ji/lt. Langhorne for Mr. Cork^r,and converfed with him as {iich' in the
"v'cry prefence'df ^r.'Corker. And alfo in that Mr. Corner being brought to Bolrons fade before
the Lords of His Majeifies Privy Council on the i^th' of this prefent O&ober, he denied Mr.
Corker to be the .Man who was ihewn to him at Newgate. And after a long and full view had
of Mr. Cor%r,he durft not pofitively affirm,tLat the'Perfon there prefent was he againft whom
he had any thing to fay v but expreiling himfelf doubtfully,defired time of deliberation in it.
Thefe notorious undeniable Contradicfions,will, it is hoped,convince judicious Men,that
no credit ought to be given,in a Matter of no lefs than High-Treafon,to an indigent Wretch,
of a lolt Confcience, and condemned of fallhood by the Teitimony of his own Mouth.
Wc under-written do refpedfively teftifie. That what is here faid of the Intercourfe
had between Mr. Bolron, and Mr. Thomas Langhorne, is true in the Whole, arid every
Part thereof; Witncfs our Hands the i2tBday of idyp.
Witnefied in the Prefence of ■
E. Smith. Thomas Matchet.
Jonathan Grove, Booke Book^'.
Francis Leea. Tho. Langhorne,
f lis Majefties
DECLARATION
DEFENDED;
In a LETTER to a Friend.
' BEING AN
ANSWER
TO A
ebittous ^amplilet'
CALLED
/
A IETTEE from a Perfon of Quality
to -hk Friend:
CONCERNING
The Kings late Declaration touching the Reafons
which moved him to Diflolve
THE TWO LAST
PARLIAMENTS
A T
W E ST M1HJ T E\3.n^ OXFO%T>.
LONDON:
Printed for T. X>ayies, i d8
(O
THE
Kings Declaration
DEFENDED.
S 1%
I N C E you are pleas'd to require my Opinion of
the Kings Declaration, and the Anfwer to it, which
you write me word was fent you lately, Illiall obey
you the more willingly, becaufe I know you are a
lover of the Peace and Quietnefs of your Country;
which the Author of this feditious Pamphlet, is en-
deavouring to diflurb. Be pleas'd to underhand then,
that before the Declaration was yet publilhed, and
while it was only the common news, that fuch an one there was intended,
to juftifie the Diflblution of the two laft Parliaments; it was generally
agreed by the heads of the difcontented Party, that this Declaration mufl
be anfwer'd, and that with all the ingredients of mahce which the ableft
amongft them could fqueeze into it. Accordingly, upon the firft appea-
ranee of it in Print, five feveral Pens of their Cal>al were fet to work;
and the produft of each having been examin'd, a certain perfon of Quality
appears to have carried the majority of Votes, and to be chofen like a new
Matthias, to fucceed in the place of their deceas'd Ju^as.
He leems to be a man cut out to carry on vigoroufly the defigns of the
Phanatique Party, which are manifeflly in this Paper, to hinder the Kiim,
from making any good imprelTion on his Subjedls, by giving them all pom-
ble fatisfa6tion,
Andthereafonof this undertaking is manifefl, for if once the goodnefs
and equity of the Prince comes to be truly underflood by the People, the
Authority of the Fadion is,extinguifli'd; and the well meaning crowd
who are mifled,wilinolonger gape after the fpecious names of Religion
and Liberty; much like the lolly of the Jews, expecting a Mejfiah fliU to
come, whofe Hiftory has been written fixtccn hundred years ago.
Thus much in general: I will now confider the Cavils of my Author
againft the Declaration.
,He tells us, in the licit place. That tlfe Declaration feems to him as afore-
runner of another Parliament to he fpeedily calPd: And indeed to any man in
his right fences, it cati fcem no other; for'tis the bufinefs of its three laft
Paragraphs to inform the People, that no irregularities in Parliament can
A z make
(4)
make the King out of love with them: but that he looks upon them as
thebcli; means for healing the diftempcrs of the publick, and for prefcrva-
tion of the Monarchy.
Now if this feems clearly to be the Kings intention, I would ask what
need there was of the late Petition from the City, for another Parliament;
unlefs they had rather feem to extort it from his Majehy, than to have it
pafs for his own gracious adion ? The truth is, there were many of the
Loyal Party abfent at that Common Council: and the whole llrength of
the otlier Faftion was united; for it is the common failing of honcft men
totruhtoo much in the goodnefs of their caufe; and to manage it too
negligently. But there is a neceflity incumbent on fuch as oppofe the
ehablilli'd Government, to make up with diligence, what they want in the
juflicc of their undertaking. This was the true and only reafon why the
majority of Votes was for the Petition: but if the bufinefs had not been
carried by this furprife. My Lord Mayor might have only been troubled to
have carried the Addreffes of Southivark, &c. of another nature: without
his offering them with one hand, and the City Petition with the other; like
the Childrens play of. This Mill grinds Pepper and Spice; that Mill grinds
Rattsand Mice.
In the next place he informs us, That it has been long the praclice of the
Topijh and Arbitrary Party,that the Ping jhuuld call,frequent, fort, and ufe-
lej's Parliaments,till the (jentr)\ycxcn vieary of the great expences of Eleclions,
jhould fit at heme, a,.d trouble themfehes no mere-but leav.e the People
exposed to thepradices of them,, and of their Party ; who if they carry one
Houfe of Commons fcr their turn, will miake us Slaves and Papifls by a Law.
Popif and Arbitrary, are words that found high amongfl the mul-
titude; and all men are branded by thofe names, who are not for letting
up Fanaticifm and a Common-wealth.To call Ihort and uTelefs Parliaments,
can be no intention of the Government; becaufe from fuch means the
great end of Settlement cannot be expefted. But no Phyfitian can com-
mand his Phyfick to perform the effcfts for which he has prefcrib'd it:
yet if it fail the firfi; or fccond time, he will not in prudence lay afide liis
Art, and defpair of his Patient : but reiterate his Medicines till he effeft
the cure. For, the King, as he declares himfelf, is not willing to have too
hard an Opinion of the lleprefentatives of the Commons, but hopes that
time may open their eyes,, and that their next meeting may perfedt the
Settlement of Church and State. With what impudence can our Author
lay. That an'Houfe of Commons can poffihly he f b pacPd, ru to make lu Slaves
and Papifls by a Law ? for my part I lliould as foon fufpedt they would
make themfelves Arbitrary, which God forbid that any Engliiliman in his
right fences fliould believe. But thisfuppofitionof our Author, is to lay
a moll fcandalous imputation upon the Gentry of England-, befides, what
it tacitly infinuates, that the Floule of Peers and his Majefly, (without
whom It could not pafs into a Law,)would fu^r it. Yet without fuch Arti-
fices, as I laid before, the Fanatique caufe could not polTibly fubfill: fear
of Popery and Arbitrary power mufl be kept up ; or the St. Georges of
their fide, would have no Dragon to encounter; yet they will never per-
fuade a reafonable man, that a King, who in his younger years, when he
had all the Temptations of power to purfue fuch aDefign,yet attempted
it not, lliould now, in the maturity of his Judgment, and when he fees the
manifeftavcrfion of hisSubjeds to admit of llich a change, undertake a
work'of fo much difficulty, dehruTive to the Monarchy, and ruinous to
Himfelf,
CO
Himfelf, if itfuccceded not; and if itfucceeded, not capable of making
him fo truly Great as he is by Law already. If we add to this, his Majeflies
natural love to Peace and Quiet, which increafes in every man with his
years, this ridiculous fuppofition will vaniihof it fell; which is fufficiently
exploded by daily experiments to the contrary.For let the Reign of any of
our Kings be impartially cxamin'd, and there will be found in none of them
fo many examples of Moderation, and keeping clofe to the Government
by Law, asm his. And inftcad of fwtlling the Regal power to a greater
height, we lhall here find many gracious priviledges accorded to the Sub-
je£ts, without any one advancement of Prerogative.
The next thing material in the Letter, u the queflionmg the legdity of
ihe Declaration; %'hich the Author Jayes hy the new jlyle of his Majeffy in
^uncil,rs order d to he read in all Churches and Chappels throughout
And which no douht the blind obedience of our Clergy, will Jee carefully per-
formd; yet if it he true, that there is no Seal, nor Order of Council, hut only
the Clerks hand to it^ they may he caWd in quejiion as puhlijhersof falfe news,
and invehiives againji a third EJiate of the Kingdom.
Since he writes this only upon a fuppofition,- it will be time enough to
anfwer it, when the fuppofition is made manifeft in all its parts: In the
mean time, let him give me leave to fuppofe too, that in cafe it be true that
there be no Seal, yet fince it is no Proclamation, but only a bare Declaration
of his Majefty, to inform and fatisfie his Subjefts, of the reafons which
induc'd him to diflblve the two laft Parliaments, a Sealin this cafe, is not of
abfolute neceflity : for the King fpeaks not here as commanding any thing,
but the Printing, publifhing and reading. And 'tis not denyed the mean-
eft Engliihman, to vindicate himfelf in Print, when he has any ai'peiTion
caft upon him. This is manifeftly the cafe, that the Enemies of the Go-
vernment, had cndeavour'd to infinuate into the People fuch Principles,
as this Anfwerer now publiflies: and therefore hisMajefty,who is always
tender to prcferve the affedions of hisSubjeds,defir'd to lay before them
the neceflary reafons, which induc'd him to fo unpleafant a thing, as the
parting with two fuccefiivc Parliaments. And if the Clergy obey him in
lb juft aDefign, is this to be nam'd a blind Obedience! But I wonder why
our Author is fo eager for the calling them to account as AccefTaries to an
Invedive againft a third Ella^je of the Kingdom, while he himfelf is guilty
in almoft every fentence of his difcourfe of afperfing the King, even in his
own Perfon, with all the Virulency and Gall imaginable. It appears plainly
that an Houfe of Commons, is that Leviathan which ht Adores: that is
Itis Sovereign in efted, and a third Ellate is not only greater than the other
two, but than him who is prefiding over the three.
But, though our Author cannot get his own Seditious Pamphlet to be
read in Churches and in Chappels, I dare fecureyou, he introduces it into
Conventicles, and Coffee-houfes of his Fadion : befides, his fending it in
Poft Letters, toinfed the Populace of every County. 'Tis enough, that
this Declaration is evidently the Kings, and the only true exception, which
cur Anfwerer has to it, is that he would deny his Majefty the power of
clearinghis intentions to the People: and finds himfelf aggriev'd, that his
King fliould fatisfie them in fpight of himfelf and of his party.
The next Paragraph is wholly fpent,in giving us to underftand,thataKing,
of England is no other thing than a Duke of Venice; take the Parallell all
along: and you will find it true by only changing of the names. A Duke of
Venice C2a\ ho no wrong; in Senate he can make no ill Laws ; in Council
no
( iOi,:..
C^) •
no ill Orders, in theTreafury can difpofeof no Money , bur wilcly, and
for the intereftof the Government, and according to Ihch proportions as
are every way requifite : if otherwife all Officers are anfwerable, &c,
Wh ich is in effe£t, to fay he can neither do wrong nor right, nor indeed any
thing, quatenus a King. This puts me in mind of Sancho Tama in his Go-
vernmentofthelflandof Bar at aria, when he was difpos'd to eat or drink,
his Phyfitian flood up for the People, and fnatch'd the difh from him in
their right, becaufe he was a publick perfon, and therefore the Nation mufc
be Judges to a dram and fcruple what was neccflary for the fuflenance of
the Head of the Body politique. Oh, but there is a wicked thing call'd
the Militia in their way, and they Ihcvv'd they had a moneths mind to it,
at the firll breaking out of the Popilh Plot. If they could once perfuade
his Majefly, to part gracioufly with that trifle, and with his power of
" making War and Peace; and farther, torefign all Offices of Trufl,tobe
difpos'd by their nomination, their Argument would be an hundred times
more clear : for then it would be evident to all the World, that he could do
nothing. But if they can work him to part with none of thefc, then they
mufl content diemfclves to carry on their new Dcfign beyond Seas: either
of ingaging the French King to fall upon Flanders, or encouraging the States
General to lay afide,or privately to cut off the Prince of Orange, or getting
a War declared againfl England and France conjoyntly : for by that means,
either the King can be but a weak Enemy, and as they will manage matters,
he fhall be kept fo bare of Money, that Twelve Holland Ships fhall block
up the River, or he fliall be forc'd to call himfelf upon a Houfe of Com-
mons,and to take Money upon their Ternis, which willfure be as eafie, as
thofe of an Uiiirer to an Heir in want. Thefe are part of the projefts now
' afoot: and how Loyal and confcionable they are, let all indifferent perfons
judge.
Intheelofeof thisParagraph, he falls upon the King for appealing to the
People againfl their own Reprefentatives. But I would ask him in the firft
place, if an Appeal be to be made, to whom can the King Appeal, but to
his People? And if hemuft juflifie his own proceedings to their whole
Body, how can he do it but by blaming their Reprefentatives ? I believe
every honeft man is forry,that anyfucliDivifions have been betwixt the
King and his Houfe of Commons. Butfince there have been, how could
the King complain more modeftly, or in terms more expreffing Grief, than
Indignation ? or what way is left him to obviate the caufcs of fuch com-
plaints for the future, but this gentle admonifhment for what is part?
'Tiseafily agreed, he fays, ( and here Ijoyn ifllie with him ) That there
were never more occafions for a Farliament, than were at the opening of the
lafl, which was held at Weflminfler.' But where he malicioufly adds, never^
were our Liberties and Properties more in danger, nor the Proteftant Religion
more expos d to an utter extirpation both at home and abroad, he fliufflcs to-
gether Truth and Fallbood: for from the greatnefs of France, the danger
of the Proteftant Religion is evident; But that our Liberty, Religion, and
Property were in danger from the Government, let him produce the in-
ftances of it, that they may be anfwer'd; what dangers there were and
are from the Antimonarchical Party, isnot my prefent bufinefsto enquire;
As for the growing tcrrour of theMonarchy, the greater it is, the
more need of afupplyto provide againfl it.
1 he Minifiers tell us in the Declaration, That they asked of that Parlia-
ment the Jupporting the Alliances they had made for the Prefervaiion of the
(7)
general peace in Chrijlendom, and had defird their ad-vice and ajfiffance far ths
prefer'vation of Tangier; had recommended to them, the farther examinati-
on of the Plot ; and that his Majejly had offer d to concurr in any Remedies
for thefecurity of the Froteflant Religion, which might conffl with the pre-
ferving the Succejfton of the Crown, in its due and legal courje of dej'cent, hut
to all this they met with mofi unfuitahle returns.
Now mark what the Gentleman infers. That the Minijlers well knew,
that their demands of Money for the ends ahovefaid, were not to he complyed
with, till his Majefiy were pleas dto change the hands and Councils hy which
his Affairs were managed. —- that is, nothing mull be given but to fuch
men in whom they could confide, as if neither the King , nor thofe
whom he employed were fit any longer to be Trufted. But the
fupream power, and the management of all things, mull be wholly in
their Party, as it was in Watt Tyler, and Jack Cade of famous memory,
when they had got a King into their pofieflion : for this Parry, will never
think liis Majelty their own, till they have himasfafe,asthey had his
Father. But if they could compafs their Defigns, of bringing the fame
Gentlemen into play once more, who fomc years fince were at the Helm ;
let me ask them, when the Affairs of the Nation were worfe manag'd ?
who gave the rife to the prefent greatnefs of the French ? or who couniel'd
the diflblutionof the Tripple League? 'Tis a miracle to me that the Peo-
pie Ihould think them good Patriots, only becaufe they arc cut of humour
with the Court, and indifgrace. Ifuppofethey are far other principles,
than thofe of Anger and Revenge, which conflitutean honeft Statefman.
But let men be what they will before, if they once efpoufe their Party, let
them be touch'd with that Philofophers ftone, and they are turn'd into
Gold immediately. Nay, that will do more for them,than was ever pre-
tended to byChymiftry; for it wiU raifc. up the lhape of a worthy Pa-
trior, from the allies of a Knave. 'Tis a pretty juggle to tell the King
thcyaffift him with Money, when indeed they defign only to give it to
themfelves; thatis, to their own Inftruments, which is no more, than to
ftiift it from one hand into another. It will be a favour at the long run,
if they condefcend to acquaint the King, howthey intend to lay out his
Treafure. But our Author very roundly tells his Majefly, That at pre-
Jent they will give him no fupplyes, hecauje they would he employ d, to the
dejiruhlion of his Ferfon, and'of the Froteftant Religion, and the infazing
the whole Nation, to which I wdll only add, that of all thefe matters next
and immediately under God, he and his Party, conftitute themfelves the
fupream Judges,
The Duke of YoW, the Queen, and the two French Dutcheffes are the
great fupport avdproteFlors of the Fopijh interefl in thefe Kingdoms.
How comes it to pafs that our Author fliuffles the two French Dutcheffes
together ? of which the one is an Italian, the other a French Woman, and
an Englijh Dutchefs ? Is he grown fo purblind, that he cannot diftinguilh
Friends from Foes ? Has he fo foon forgotten the memory of paft benefits,
that he will not confider one of them as her, to whom all their applicati-
ons were fo lately made ? Is llie fo quickly become an old acquaintance,
tliat none of the politick alTignations at her Lodgings are remembred ?
After this, who will truft the gratitude of a Common-wealth ? or who
will blame the Conduit of a filly Court, for being over-reach'd by the
whole French Council, when the able part of the Nation, the defigning
heads, the gray wifdora , and the Beaux Garcons^are all foil'd by a
B fmglc
(8)
Woman, at their own Weapon, diiTimulation ? for the other
French Dutchefs, fince I perceive our Author is unacquainted with her
Charafter, I will give it him ; Ihe is one who loves her eale to that degree,
that no advantages of Fortune can bribe her into bufinefs. Let her but
have wherewithal! to make Merry adays, and to play at Cards anights,
andldare anfwerforher, that Die will take as little care to difturb their
bufmefs, as Die takes in the management of her own. But if you will fay that
Ihe only affcdsidlenefs, and is a grand Intriguer in her heart, I will only
Anfwer, chat I fliould fliew you jufl fuch another as I have defcrib'd her
Grace, amongfl thdieads of your own Party: indeed I do not fay it is a
Woman, but'tis one who loves a Woman.
As for the Dutchefs of M. either ihe is a very fincere lover of down-
right idlenefs, or flie has coufen'd all parts of Chriflendom, where fhe has
wandredfor thefe lafl Ten years. I hope our folid Author will pardon
me this digrelTion; but now we have had our dance, let us to our ferious
bufinefs.
While thefe, and their Creatures are at the Helm, what can we expe^for
the Jecurity of the Proteftant Religion, or what oppofition to the ambitious
defigns of France ?
I luppofe more reafonably on the other fide, that no fuch perfons are at
the Ffelm, and that what he has affum'd is but precarious. But I retort
upon him, that if fome of his Party were the Miniflers, the Proteftant
Religion would receive but very cold affiftance from them, who have none
at all themfelves. And for the growth of the French Monarchy, I have
already told you, to whofe Counfels we arc beholden for it.
He goes on ; you will tell me that the fupplyes fo given may he appropriated,
to theje particular ends of fupportingour Alliances,and the relief Tangier;
And it may he fo limited hy Acl of Parliament, that it cannot he diverted to
other ufes. But he anfwers that Ohjeflion hy a Story of Monfieur de Sully's
telling of H. qth of France : let the States raife the Money, and tye it as •
they pleafe ; when they are difolved,you may difpofe of it as you pleaje.
All this is to confirm his firft unalterable principle, that the King muft
be fure to finger nothing; but be us'd as Filliers do their Cormorant, have -
his mouth left open, to fwallow the prey for them, but his throat gagg'd
that nothing may go down. Let them bring this to pafs,and afterwards
they will not need to takeaway his Prerogative of making War: Fie muft
do that at his own peril,and be fent to fight his Enemies with his hands
bound behind him. But what if he thinks not their Party fit to be in-
rrufted,leaft theyflmild employ it againft his Perfon? why then, as he
told you they will give him nothing. Now whofe will be the fault in com-
mon reafon,if the Allyancesbenotfupported,and Tangier not relieved ?'
If they will give him nothing, before they bring him to a neceffity of taking
it upon their terms, afmuch as in them lyes they diffolve the Govern-
menc: and the Intereft of the Nation abroad muft be left in the Suds,
till they have deftroy'd the Monarchy at home. But fince God, and the
Laws-have put the difpofing of the Treafury into his Majefties hands, it
may farisfie any reafonable Englijhman, that the fame Laws have provided
for the mifpending of the Treafury, by calling the publick Officers into
queftion for it before the Parliament. For God be thanked we have a
Floufe of Commons, who will be fure, never to forgoc the leaft tittle of
their Priviledges, and not be fo meal-mouth'd as the States of France, of
whom neither Monfieur Sully,not any of his Succeftbrs, have never had any
caufc
33 f
('?)
caufe of apprehenfion. But fince the wifdom of our Anceflors have
thought this Provifion fufficieiit for our fecurity, What has his prefent
Majelly deferv'd from his Subjcdts, that he Ihould be made a Minor at no
Icfs than fifty years of age? or that hisHoufe of Commons fliould Fetter
him beyond any of his Predeceflbrs ? where the Inter eft goes, you will
fay, there goes the power. But the moft ingenious of your Authors, I
mean Plato broaches no fuch principle as that you Ihould force
this Prerogative from the King, by undue courfes. The bcft ufe which
can be made of all, is rather to fupport the Monarchy, than to have it fall
upon your Heads. If indeed there were any reafonable fear of an Arbi-
trary Government, the advcrfe Party had fomewhat to alledge in their de-
fence of not fupplying it; but it is not only evident, chat the Kings
temper is wholly averfe from any fuch Defign, but alfo demonftrable, that
if all his Council, were fuch as this man moll falfely fuirgefls them to be,
yet the notion of an abfolute power in the Prince is wtiolly impracticable,
not only in this Age, but for ought any wife man can forelee, at any time
hereafter. 'Tis plain, that the King has reduc'd himfelf already to live
more like a private Gentleman than a Prince; and fince he can content
himfelf in that condition,'tis as plain, that thefupplies which he demands
are only for theferviceof thepublick, and not for his own maintenance,
Monfieur de Sully might give what Council he thought convenient for
Henry the Fourth, who was then defigning that Arbitrary power, which
his Succeflbrs have fmcc compafs'd, to the mine of the Subjedts liberty in
■ance; but I appeal to the Confciences of thofe men, who are moll averle
to the prefent Government, if they think our King would put his Peace
and Quiet at this time of day, upon fo defperate an illue. Whaj: the ne-
ceffities, which they are driving him into, may make him part with on the
other hand, I know not. But how can they anfwer it to our Pollerity, that
for private Picques, felf Interefl, andcaulelefs jealoufies, they would de-
llroy the foundation of fo excellent a Government, which is the admira-
tion and envy of all Europe i
The reft of my Authors Paragraph, is only laying more load upon the Mini-
Jiers, and telling us, that if ajum of Money fufficient for thofe ends were gi-
Tjen, while they were Managers of Affairs, it would he only to fet them free
fromany apprehenfions of account to any future Parliament. But this Argu-
menthavingonly the imaginary fear of an Arbitrary power for its founda-
don, is already anfwer'd, he adds in theclofe of it. That the Prince has a
cheap bargain, who gives Paper-Laws in exchange of Money and Power.
Bargains, he tells us, there have always been, and always will be, betwixt Prince
and People, becaufe it is in the Conflitution of our Goverment, and the chief
dependante of our Kings is in the love and liberality of their People.
Our prefent King, I acknowledge has often found it fo; though no
thanks I fuppofe to this Gentleman and his Party. But though he cry down
Paper and Parchment at this Rate, they are the befl Evidence he can have
for his Elf ate, and his friends the Lawyers will advifehimto fpeak with lefs
contempt of thofe Commodities. If Laws avail the SubjeCf notliing,
our Anceflors have made many a bad Bargain for us. Yet I can inftance
to him one Paper, namely, that of Habeas Corpus hiW-, for which the
Houfe of Commons would have been content to have given a Million of
good £»g///7; money, and which they had Gratis from his Majefly. 'Tis
true, they boaft they got it by a Trick ; but if the Clerk of the Parlia-
ment
-/
C lo)
mcnthadbeenbiddentoforgetit, their Trick of telling Nrfes might have
fail'd them. Therefore let us do right on all fides: Xtie Nation is obag d
both to theHoufe of Commons for asking it, and more efpecially to his
Axicn-e, that it was .eater knmn that
Laws ftgnified any thing to aTeople.who had not the file guard of thetr own
frhicCyGo'vernnient and Latvs'i . ,j r a- i f
Here all our Fore-fathers are Arraign'd at once for trufting tlieExecu-
tive power of the Laws in their Pnnces hands. And yet you fee the
Government has made a fliift to lliufflle on for fo many hundred years to-
gether under this miferable oppreffion ; and no man fo wife info many
Les to'find out. that was tono purpofe, while there was a
Kins Iconfefs in Countreys, where the Monarck governs abfolutely,
andfhe Law is cither his Will, or depending on it, this noble maxim might
nikeolace • Butfince we are neither Turks, Ruffians, nor Frenchmen, to
affirm that'in our Countrey.in a Monarchy of fo temperate and wholfom
a Conftitution. Laws are of no validity, becaufe they are notin the dif-
pofitionof the People, plainly infers that no Governrnent but that of a
Lmmon-wealth can preferve our Liberties and Priviledges; for riiough
the Title of a Prince be allow'd to continue, y6t if the People mult have
the fole guard and Government of him and of the Laws, tis but facing
an whole hand of Trumps, with an infigmficant King of another fute.
And whichisworflof all, if this be true, there can be no Rebellion, for
then the People is thefupream power. And if the Reprefentanves of
the Commons lhall Jarr with the other two Ellates, and with.the Kmg it
It would be no Rebellion to adhere to them in that War: to which I
know that every Republican who reads this, muft of neceffity Anl^ver,
M. wore it would not. Then fkrewell the Good Aft of Parliament, which
makes it Treafon to Levy Arms againft the prefent King, upon any pre-
tences whatfoevcr. For if this be a Right of Nature, and confequently
never to be Refisn d, there never has been, nor ever can be any pad be-
twixt King and People, and Mr. Hohhs would tell us. That we arefiill in
a date of War. n ■ rr-i , ■ , • • *t
The next thin<r our Author would eft ahlijh, is. That there is nothing in Na-
ture or in Story Jo ridiculous, as the management of the Minifters, in the Ex-
amination of the Popijh Plot. Which heing provd by Coleman'j and others
Letters, andbg loth Houfes hy declaring the King s Life to be in danger, (See.
Tet they have perfuaded the King to believe nothing of this danger; but to
apprehend the Plot to be extreamly improved, if not wholly contrived hy the
Presbyterians. And to think it more his concernment to have an end of all; then
to have it fearcb'd to the bottom : and that this was the true reafon, wLyfour
Parliaments, during the Examination of the Plot have been diffolvd:
Reafonablc People will conclude, that his Majefty and his Minifters
have proceeded, not ridiculoufly, but with all that caution which became
them For in the firft heat and vehemence of the Plot, the Avenues of
White-Hall were more ftridly Guarded: His Majefty abftaining from
Places of publick Entertainment, and tlae Minifters taking all necelfary
Care in Council, both to difcover Confpiracies and to prevent them. So,
thatfimply confidercd, the Popilh Plot has nothing to do with the Diffo-
lution of Four Parliaments. But'the Ufe which has been made of it by
the Houfe of Commons to Dif-inherit the Duke, to deny the King Supplies,
and
C 'O
and to make feme Votes, which the King declares to be illegal^ ate the t:ea^
and plain occafions of diffolving thofe Parliaments. 'Tisonly.affirni'd, but
never will be prov'd by this Author, that the King or his Miniftershave
ever been defirous to ftifle the Plot, and not to have itKarch'dinro theboc-
torn. Forto what end has his Majefty fo often olFer'd the Popifh Lords to
be brought to their Trial, but that their innocence or guilt, and conicquent-
ly, that of the whole party might be made manifeft ? Or why, after the
execution of the Lord Stafford^ did the Houle of Commons flop at the"
other Lords, and not proceed to, try them in their turns ? Did his Majefty
ftifle the Plot when he offered them, or did they refufe to found the depth
of it, when they would not touch upon them.^ If it were for want of Wit-
neifes, which is all that can be laid, the cafe, is deplorable on the part of the
accufed •, who can neither be bail'd, becaufe impeach'd in Parliament, nor
admitted tobetryed,, for fear they mould be acquitted for want of evidence.
I do not doubt but his Majefty, after having done what in him lies for the
utmoft difcovery of the Plot, both by frequent Proclamations of Indemnity,
and Reward, to fuch as would come in, and difcover more, and by feveral
others too longto repeat, is defirous (for what good man is not ? ) that his
care and trouble might be over. But I am much deceived, if the Anti-
monarchical Party be of the fame opinion ; or that they defire the Plot
fhould be either wholly difcover'd, or fully,ended. For'tis evidently their
Intereft to keep it on foot, as long as poflibly they can ; and to give it hot
water, as often as'lis dying ; for while they are in pofTefli in of this Jewel,
they make themfelves mafters of the people.. ^ For this very reafbn I have
often faid, even from the beginning of the Difcovery, that the Presbyte-
fians would never let it go out of their hands, but manage it to the laft inch
upon a Save all. And that if ever they had tryed one Lord, they would
value themfelves upon that Conqueft, as longas ever it would laft with the
Populace: but whatever came on't, be fure to leave a Neft Egg in the Tower.:
And fince I doubt not, but what fo mean a Judge as I am could fb eafily
difcover, could not pofTioly efcape the vigilancy of thofe who are at the
Flclm; I am apt to think, that his Majefty faw at leaft as great a danger
arifingtohimlrom the difcontented fpiritsof the popular Faction, as from
the Papifts. For is it not plain, that ever fince the beginning of the Plot,
they have been lopping off from the Crown whatever part of the Preroga-
tive they- could reach ? and incroaching into Soveraignty and Arbitrary
Power themfelves, while they feem'd to fear it from the King ? How then
could his Majefty beblam'd, if he were forc'd todiffolve thofe Parliaments,
which inftead of giving him relief, made their Advantages upon his Di-
ftreffes ; and while they pretended a care of his Perfbn on the one hand,
were plucking at his Scepter with the other ?
After this, the Pamphleteer gives us a long Bead-roll of Dangerftld\ Plot,
Captain AA, young Tongue, Fitz-Gerard, and Mr. Ray, rails^at fbme, and
commends others as far as his skill in Hyperbole will carry him. Which
all put together, amounts to no more than only this, that he whom they
called Rogue before, when he comes into their party,pays his Garnifb,and is a-
dopted into the name of an honeft man. Thus Ray was no Villain, when
he accusal Colonel Sackvik, before the Houle of Commons; but when he
failed of the reward of godlinefs at their hands, and from a Wig became
a tearing Tory in new Cloatlis, our Author puts hiifi upon the File of
llogues, with this brand. Than whom a more not-orious and known Fidian lives
not.
The next thing he falls upon, is the Succeffion: which the King declares,
C Ui
C 3
He will have preferved in its due dejcent. Now our Author defpairmg, it
feems, that an Exclufion fhould pais by Bill, urges, That the Right of Na-
ture and Nations will imporver SuhjeBs to dtliver a Protefiant Kingdom from
a Popifb King. The Law of Nations, is fo undoubtedly, againft him, that I
am fure he dares pot ftick to that Plea: but will be forc'd to reply, that
the Civil Law was made in favour of Monarchy : why then did he appeal to
it ? And for the Law of Nature, I know not what it has to do with Pro-
teftantsor i^apitls, except he can prove that the Englifh Nation is naturally
Proteftant; and then I would enquire of him what Countrymen our Fore-
fathers were ? But if he means by the Law of Nature, lelf-prefervation and
defence 5 even that neither will look but a {quint upon Religion ; for a
man of any Religion, and a man of no Religion, are equally bound to pre-
ferve their lives. But I anfwer pofitively to what he would be at; that the
Law of felf-prefervation impowers not a Subjed to rife in Arms againft his
Soveraign, of another Religion, upon fuppofition of what he may do in his
prejudice hereafter: for, fince it is impollible that a moral certainty fhould
be made out of a future contingency, and confequently, that the Soveraign
may not extend his Power to the prejudice of any mans Liberty or Religion:
The probability (which is the worft that they can put it) is not enough to
abfblve a Subjed who rifes in Arms, from Rebellion, in foro Confcientia.
We read of a divine Command to obey Superior Powers; and the Duke
will lawfully be fuch, no Bill of Exclufion having paft againft him in his Bro-
ther's life: Befides this, we have the Examples of Primitive Chriftians, even
under Heathen Emperors, .always fuffering, yet never taking up Arms,
during ten Perfecutions. But we have no Text, no Primitive Example en-
couragingustorebel againft aChriftian Prince, thoof a different Perfwafion.
And to fay there were then no Chriftian Princes when the NewTeftament
was written, will availour Author little; for the Argument is a Fortiori:
if it be unlawful to rebel againft a Heathen Emperor, then much more a-
gainft a Chriftian King. The Corollary is this, and every unbiaffed fbber
man will fubfcribe to it, that fince we cannot pry into the fecret Decrees of
God, for the knowledge of future Events, we ought to rely upon his Provi-
dence, for the SucCeffioh; without either plunging our prefent King into
neceflities, for what may never happen ; or refufing our obedience to one
hereafter, who in the courfe of nature may fiicceed him. One, who if he
had the will, could never have the power to fettle Popery in England^ or to
bring in Arbitrary Government.
, But the ATonarchy will not be defrayed^ and the Protefiant Religion will be pre-
ferved^ if we may have a Protefiant Succeffor.
If his party had thought, that this had been a true Expedient, I am confi-
dent it had been mentioned in the laft Parliament at IVeJlminfier. But
there, alt am filentium^ not one word of it. Was it becaufe the Machine was
not then in readinefs to move ! and that the Exclufion muft firft pafs ? or
more truly was it ever intended to be urged ? I am not afhamed to fay, that
1 particularly honour the Duke of Monmouth: but whether his nomination
to fucceed, would, at the bottom be pleafing to the Heads of his Cabal, I
ibmewhat doubt. To keep him faft to them by fbme remote hopes of it, may
be no ill Policy. To have him in a readinefs to head an Army, in cafe it
fhould pleaie God the King fhould die before the Duke, is the defign; and then
perhaps he has reafon to expeft more from a Chance-Game, than from the
leal defires of his party to exalt him to a Throne. But 'tis neither to be
imagined, that a Prince of his Spirit, after the gaining of a Crown, would
be managed by thofc who helped him to it,,lethis ingagcraents and promi-
Fes
C J
fesbe never (b ftrong before, neither that he would be confinM in the narrow
compalsof a Curtail'd Mungril Monarchy, half Commonwealth. Conqtie-
rors are noteafily to be curbed. And it is yet harder to conceive, that his
pretended Friends, even defign him fb much as that. At prefent, 'tis true,'
their mutual necelTuies keep them faft together j and all the feveral Fana-
tick Books fall in, to enlarge the common Ifream : But fuppole the bufinels
compalTed, as they defign'd it, how many, and how contradibting
Interefts are there to befatisfied! Every SeQ: of High Shooes would then be
uppermoft; and not one of them endure the toleration of another. And
ainongft them all,what will become of thole fine Speculative Wits, who drew
the Plan of this new Government, and who overthrew the old I For their
comfort, the Saints will then account them Atheifts, and dilcard them. Or
tliey will plead each of them their particular Merits, till they quarrel about
the Dividend. And, the Proteftant SuccelTor himlelf, if he be not wholly
governed by the prevailing party,- will firft be declared no Proteftant; and
liext, no Succeifor. This is dealing fincerely with him, which F/afo Redivi-
vu-s does not: for all the buftle he makes concerning the Duke of M. pro-
ceeds from a Commonwealth Principle ; he is afraid at the bottorh to have
him at the Head of the party, left he Ihould turn the abfolute Republick, now
defigning, into an arbitrary Monarchy.
The next thing he expoies, is the projefl: communicated at Oxford, by a
worthy Gentleman fince deceafed. But fince he avowed himlelf, that it
was but a rough draught, our Author might have paid more refpefl: to his
memory, than to endeavour to render it ridiculous. But let us lee how
he mends the matter in his own which follows.
Jf tht Duh mre only banijbed, during life, and the ^dminiflration fut
into the hands of Protejlants, that would ejlablijh an unnatural IVar of £xpe-
diency, againf an avowed Right and Title. But on the other hand exclude the
Duke, and all other Popi/h Succe(Jors, and put down all thofe Guards are now jo
iUfgully kept 'ap, and banijb the PapifiSy where can be the danger of a PVar^ in
a Nation unxnitnous ? , , -f
I will not be unrealbnable with him i I will expeO; Englilh no where from
the barrennels of bis Country : but if he can make lenleof his Unnatural
fVar of Expediency, I will forgive him two falfe Grammars, and three
Barbarifins, in every Period of his Pamphlet; and yet leave him enow of
each to expole his ignorance, whenlbever I defign it. But his Expedient it
lelf is very folid, if you mark it. Exclude the Duke, take away the Guards,
and conleqaently, all manner of defence from the Kings Perlbn; Banijh
every Mothers Son of the Papijls, whether guilty or mt guilty in particular of
the Plot. And when Papifts are to be banifhed, I warrant you all Prote-
flants in Jvlalquerade muft go for company ; and when none but a pack of
Scdtarics and Commonwealths-men are left in England, where indeed will
be the danger of ai'War, ih a Nation unanimous? After this, why does
not fome refenting Friend of Marvelh, put up a Petition to the Soveraigris
of his party, that his Penfion of four hundred pounds per annum, may be
transferred to fome one amongft them, who will not fo notorioufly betray
tiieir caufc by dullnefs and infufBciency ? As for the illegal Guards, let
the Law help them ; or let them be difbanded ; for I do not think they have
nc^dof any Champion.
The next twenty Lines are only an illuftration upon his Expedient; for he
is fb fond of his darling Notion, that he huggs it to death, as the Ape did
her young one. He gives us his Bill of Tautology once more; for he
threatens, that fhey would not reft at the Exclufron but the Papifts muft
again
3^1
C 14 ]
again be banifh''d, and the Dukes Creatures put out of Office both CivH ahj
Military. Now the Dukes Creatures, 1 hope, arePapifts, or little better 4
fb that this is ail the fame: as if be had been conning over this ingenious
Epigram j
There was a man who with great labour^ and, much pain,
Did break his neck, and break his neck, and break his neck again.
\
At the laft, to fhewnis hand is Hot out in the whole Paragraph, when the
Duke is excluded, his Creatures put out of Office, the Papifts banifhed
twice over; and the Church of England-m^n delivered to Satan, yet ftill
he fays the Duke is the gi eat Minifter of State ;• and the Kings Excellent
Qualities give his Brother ftiU opportunities to ruine us and our Religion.
Even excluded, and without Friends and Faffion he can do all this ; and the
King is endued with moft excellent Qualities tofufferit.
Flaving found my man, mcthinks Icanfcarce afford to be feriouswith
him any longer ^ but to treat him as he deferves, like an ill Bouffoon.
He defends the jharpnejs of the ^ddrejfes of which his Jkfajejlf complains: but
Ifuppoleit would be better for him, and me, to let our Principals engage,
and to Band by our felves. I cbnfefs, I have heard fbme members ot that
Houfe, wifh, that all Proceedings had been carried with lefs vehemence.
But my Author goes further on the other hand ; /de affirms, that many wife
and good men thought they had gone too far, in ajf/tring, nay, in mentioning
of money before our fafety was fully provided for. So you lee he is ftill for lay ing.
his hand upc.n the penny. In the mean time I have him in a Praemunire for
arraigning the Houle of Commons-, for he has tacitely confelTed, that the
wife and good men were the fewer 5 becaule the Houle carryed it for men-
tioning money intheir Addrels. But it leems they went too far, inlpeaking
of a supply, before they had conliilted this Gentleman, how far the fafety
of the Nation would admit it. I find plainly by his temper, that if matters
had come to an accommodation, and a bargain had been a bargain, the
Knights of the Shire muft have been the Proteftant Knights no longer.
./ds for Ay hitrary Power of taking men into cuftody, for matters that had no
relation to Prnnleges of Parliament, he fays they have erred with their Fathers.
If he confels that they have erred, let it be with all their Generation, ftill
they have erred : and an error of the lirft digeftion, is Iddom mended in the
fecond. But I find him modeft in this point; and knowing too well they
are not a Court of Judicature, he does not defend them from Arbitrary
Proceedings, but only excules, and palliates the matter, by laying, that it
concern'dthe Rights of the People, in fuppreffing their Petitions to the Foun-
tain of Juftice. So, when it makes for him, he can allow the King to be
the Fountain of ^ufke 5 but at other times he is only a Cifern of the People.
But he knows fufficiently, however he diffembles it, that there were Ibme
taken into cuftody, to whom that crime was not objefted. Yet fincc in a
manner he yields up the Caufe, I will not prefs him too far, where he is lb
manifeftly weak, Tho I muft tell him by the way, that he is as juftly to be
.proceeded againft for calling the Kings Proclamation illegal, which concern-
ed the matter of Petitioning, as Ibme of thole, who had pronounced againft
them by the Houle of Commons, that terrible fentence, of Take him,
'1 ooham.
The Jlrange illegal Fotes declaring feveral eminent perfons to be Enemies to
the King and /Cingdom, are notfo flrange, he fays, but very jujl if able. I hope he
-does not mean, that illegal Votes are now not ftrange in the Houle of Com-
mons:
mdns ; But obferve the realbn which he gives; for the Houfe of Cdmmons
had before addrefs'd for their removal from about the King. It was his bu-
finels to have prov'd, that an Addrefs of the Houfeof Commons, j^thdut
Procefs, order of Law, hearing any Defence, or offering any procWgainft
them is fufficient ground to remove any perlbn from the King: But inrtead
of this he only proves, that former Addreffes have been made, fVhkh no
body can dmy. When he has throughly fettled this important point, that
Addreffes have certainly been made, inftead of an Argument to back it, he
only thinks, that one . may affirm by Law, That the King ought to have no
ferfon ahout hirn, who d/oi the misfortune of fuch a Vote. But this is too ri-
diculous to require an Anfwer. They who will have a thing done, and
give no reafon for it, affumc to themfelves a manifeft Arbitrary Power.
Now this Power cannot be in the Reprefentatives, if it be not in the Peo-
pie: or if it be in them, the People is ablblute,. But fince he wholly thinks
it, let him injoy the privilege of every Free Born Subject, to have the Bell
elinck to him what he imagines.
Well; all this while he has been in pain about laying his Egg: afthelaft
we fhall have him cackle. ^
Jf the Houje of Commons declare they have juf Reafons to fear^ that fuch
a perjon puts the King upon Arbitrary Councils., or betrays His and the Nations
Inter eft, in fuch a Cafe, Order and Procefs of Law is not neceffary to remove him ;
but the Opinion and Advice of the Nation is enough ; becaufe bare removing
neither fines him, nor deprives him of Life, Liberty, or Offices, wherein State
Affairs are not concern d.
Hitherto, he has only prov'd, according ta his ufual Lpgick, that bait
removing, is but bare removing 5 and that to deprive a man of a Publick
Office is not fo much as it would be to hang him; all that pcffibly can be
infer'd fromthis Argument, is only that a Vote may do a lefs wrong, but not
a greater. Let us lee how he proceeds. ^
If he be not remov'd upon fuch Addrefs, you allow him time to aCl his Villas
ny \ and the Nation rims the hazard. , . 1. . >
I anfwer," if the Houfe have juftRealbris on their fide, Ais but equitable
they Ihould declare them ; for an Addrefs in this Cafe is an Appeal to the
King againft fuch a man: and no Appeal is fuppoled to be without the Cau-
fes which inducM it. But when they ask a Removal, and give no realbn for
it; .they make themlelves Judges of the Matter, and conlequently they ap-
peai not, but command. If they pleafe to give their Reafons, they juftifie
their Complaint •, for then their Addrefs is almoft in the nature of an Im-
peachment: and in that Cafe they may procure a hearing when they pleale:
But barely to declare, that they fufped: any man, without charging him with
particular Articles, is almoft to confels, they can find none againft him. To
fuppofe a man has time to aft his Villanies, muft fuppoiehim firft to be a
Villain: and if they fufpeft him to be fuch, nothing more eafie than to
name his Crimes, and to take from him all opportunities of future rhilchief.
But at this rate of bare addreffing, any one who has a publick profitable Em-
ployment might be remov'd ; for upon the private Picque of a Member he
may have a party rais'd for an A,ddreis againft him. And if his Majefty
can no Iboner reward the Services of any one who is not of their party, but
they can vote him out of his Employment; it muft at laft follow, that none
but their own party muft be employ'd , ^and then a Vote of the Houfe
of Commons, is in effeffthe Government. ^Neither can that be call'd the
Advice and Opinion of the whole Nation, bv my Author's favour where
B"' ' the
i
t'O
the other two Eftates , and the Soveraign are not confenting.
'7/> no mmer, lays this Gentleman ; there are fame things fo reafonable^
that th^ -are above any written Ljiw : and will in defyite of any Power on Barth
have meireffeU 5 whereof this is one,
I love a man who deals plainly ; he explicitly owns this is not Law, and
yet it is realbnable ; and will have its cffed as if it were. See then, in the
lirft place the written Law islaidafide: that fence is thrown open to admit
reafon in a larger denomination. Now that reafon which is not Law,
muft be either Enthufialm, or the head-ftrong will of a whole Nation com-
bin'd: becaufe in depite of any Earthly Power it will have its effed ; lb
that, which way ibever our Author takes it, he muft mean Fanaticilm, or
Rebellion: Law grounded on reafon is relblv'd into the Ablolute Power o^*
the People 5 and this is Ratio ultima Reipublka.
Furthermore ; The King is a gubliek Perfon : in his private capacity^ as
we are told, he can only eat and drink; and perform forne other alls of nature
which fhall be namelefs. But his altings without himfetf fiys my grave Au-
thor, axe only as a Kiirg. In his politick capacity he ought not to marry^ love,
hatCy make war^ or peace, but as a King; and agreeable to the People, and their
Interefi he governs.
In plain terms then,as he is a man he has nothing left to do: for the AQiions
which are mention'd, are thole only of an Animal, or which are common to
Man and Beaft. And as he is a King he has aslittle Bufinefs, for there he is
at the difpofing of the People •• and the only ufe that can be made of fuch a
Monarch, is for an Innkee^r to fet upon a Sign-Poft to draw cuftom. Byt
thele Letters of Inftruflion how he Ihould behave himfelf in his Kingly Of-
fice, cannot but call to mind how he was IchooPd and tutor'd, when the
Covenanters made juft luch another Prince of him in When the
terrible falling day was come, if he were lick in bed, no remedy, he muft
up and to Kirk ; and that without a mouthful of Bread to ftay his Stomach;
for he fafted then in his Politick Capacity. When he vvas feated, no looking
afidefrom Mt.jPohn-, not a whifper to any man, but was a difrepeQ: to the
Divine Ordinance. After the firft Thunderer had fpent his Lungs, no Re-
tirement, the firft is reinforc'd by a lecond and a third: all cholen Vclfols,
dieted for Preaching, and the beft breath'd of the whole Country. When
the Sun went down, then up went the Candles, and the fourth ariles to car-
ry on the work of the night, when that of the day was at an end.
'Tis true what he lays,that our greateft Princes have often hearkened to the
AddrelTes of their People, and have reraovM feme perfons from them; but it
was when they found thole AddrelTes realbnable themlelves. But they who
confult the manner of AddrelTes in former times. Will find them to have been
mnnagM in the HouTcof Commons, with all the calmnels and circumlpecfion
imaginable. The Crimes were firft maturely weigh'd, and the whole mat-
ter throughly winnow'd in Debates. After which, il they thought it ne-
cclfary for the publick wellfare, that fuch a peribn fhould be remov'd, they
dutifully acquainted the King with their opinion, which was often favour,
ably heard ; and their defircs granted. But now the Cale is quite other-
wife; Either no Debate, or a very flight one precedes AddrelTes of that na-
ture. But a man is run down with violent Harangues; and Tis thought fuf-
ficient, if any member riles up, and offers that he will make out the Accula-
tion afterwards: when things are carried in this heady manner, 1 fuppole
'tis
L «7 ]
'cisnofignof a Great Priiice, tohaveanyof his Servants forcM from hird.
But fuch Addreffes will infenfibly grow into Prefidcnts; you lee our Author
is nibbling at one already. And \v& know a Houle of Commons is always
for giving the Crelccnt in their Arms. If they gain a point, they never rc-
cede from it, they make fure work of every concedion from the Crown^
and immediately put it into the Chriftmais Box : from whence there is no
Redemption.
In juftifioation of the two Votes againil lending or advancing Money to
the King, he falls to railing, likea Sophifter in the Schools, when his Syllo-
gifms are at an end. He arraigns the Kings private manner of living, with-
out conlidering that his not being fupplied has fore'd him to it. I do not take
upon me to defend any former ill management of the Treafury 5 but, if I
am not deceiv'd, the great grievance of the other party at prelent, is, that it is
well managM. And, that not^Vithftanding nothing has been given for lb
many years, yet a competent provifion is ftill made for all expences of the
publick •, if not lb large as might be wi)Ch'd,yet atleaft as much as is necelfary.
And I can tell my Author for his farther mortification,that at prelent no mo-
ney is furnifla'd to his Majefties Occalions, at fuch unconicioiiable Ufury as
he mentions. If he would have the Tables let up again, let the King be
put into a condition, and then let eating and drinking flourifh, according
to the hearty, honeft and greafie Hofpitality of our Anceftors. He would
have the King have recourie to Parliaments, as the only proper Supply to a
King of £ngland^hx thole things which the Treafury in this low Ebb cannot
furnilh out: but when he comes to the Conditions, on which this money
is to be had, they are fuch, that perhaps forty in the Hundred to a Jew
Banquer were not more unrealbnablc. In the mean time, if a Parliament
will not give, and others muft not lend, there is a certain ftory of the Dog
in the Manger, which out of good manners I will not apply.
The Vote for not prolecuting Proteftarit DilTenters upon the Penal Laws ^
which at this time is thought to be a Grievance to the Subjeft, a weakningof
the Proteftant Religion, and an Incourageraent to Popery, is a matter more
tenderly to be handled. But if it be true what has been commonly reported
fmce the Plot, that Priefts, Jefuits, and Friars, mingle amongft Anabaptills,
Quakers, and other Seftaries, and are their Teachers, muft not ihcy be
prolecuted neither ? Some men would think, that before fuch an uniting
of Proteftants, a winnowing were not much amils; for after they were
once lent together to the Mill, it would be too late to divide the Grift. His
Majefty is well known to be an indulgent Prince, to the Conlciences of his
dilTenting Subjeffs; But whoever has leen a Paper callM, I think, in-
tended Bill for uniting^ &c. which lay upon the Table of every Coffee-
Houle, andwas modelling to pals the Houle of Commons, may have found
things of fuch dangerous concernment to the Goverrirhent, as might leent
not lb much intended to unite DilTenters in a Proteftant Church, as to draw
together all the Forces of the feveral Fanatick Parties, againft the Church of
£ngUn4. And when they were encouraged by luch a Vote, which they
value as a Law 5 ( for lb high that Coin is now inhaunc'd) perhaps it is not
unrealbnablc to hold the Rod over them. But for my own part, I heartily
wilh,that there may be nooccafion for Chriliiansto perlecute each other. And
fince my Author fpeaks with Ibme moderation, candor, and fubmiftionto
his Motsher Church, 1 lhall only defire hrm and the dilTenting Party, to
make
I 18 3 .
make the ufe they ought, of the King Gracious Dlfpofition to them, in
not yet proceeding with all the violence which the penal Laws require a-
gainft them. But this calm of my Author, was too happy to laft long.
You find him immediately tranfported into a ftorm about the bufinefs of
Fitz-Hirris, which occafion'd the Dilfolution of the Parliament at Oxfords
and acculing, according to his fawcy Cuftom, both his Majefty, and the
Houfe of Lords, concerning it. As for the Houfe of Lords, they haveal-
ready vindicated their own right, by throwing out the Impeachment: and
fure the People of England ought to own them as the Affertors of the pub-
lick Liberty in fo doing; for Procefs being before ordered againft him at
Common Law, and no particular Crime being laid to his Charge by the
Houfe of Commons, if they had admitted his Caufe to be tryed before tlieit
Lordfhips, this would have grown-a Prefident in time, that they muft have
been forc'd to judge all thofe whom the Houfe of Commons would thruft
upon them, till at laft the number of Impeachments would be lo increas d 5
that the Peers would have no time for any other bufineft of the Publick:
and the HigheftCourt of Judicature would have been redue'd to be the
Minifters of Revenge to the Commons. What then would become of our an-
cient Privilege to be tryed fer fares? Which in procels of time would be loft to
us and our pofterity.-except a provifo were made on purpofe,{hat this judgment
might not be drawn into farther Prefident; and that is never done, but when
there is a manifeft neceifity of breaking rules, which here there was not.
Otherwile the Commons may make Spaniels of the Lords, throw them 'a
man, and bid them go judge, as we command a Dog to fetch and carry.
But neither the Lords Reaibns, tior the King firft having poffefCon of the
Prifoner, fignifie any thing with our Author. He will tell you the realbn of
the Impeachment was to bring out the Popifb Plot. If Fitz,JdarrisitdX\Y
know any thing but what relates to his own Trealbn, he chufes a fine
time of day todifcover itnow, when'tis manifeftly to fave his Neck, that
he is forc'd to make himfelf a greater Villain ; and to charge himielf with
new Crimes to avoid the punilhment of the old. Had he not the benefit of
fo many Proclamations, to have come in before, if he then knew any thing
worth diftovery ? And was not his fortune necelfttous enough at all times, to
catch at an impunity, which was baited with Rewards to bribe him ? 'tis not
for nothing that Party has been all along lb favourable to him.- they are confci-
ous to themfelves of fbme other matters than a Popifh Plot. Let him firft -
be tryed for what he was firft accus'd : if hel)c'acquitted, his Party will be
fatisficd, and their ftrength increas'd by the known honefty of another Evi-
dencebut if he be condemn'd, let us fee what truth will come out of him,
when he has Tyburn and another World before his Eyes. Then, if he con-
fefs any thing which makes againft the Caufe, their Excufe is ready ; he
died a Papift, and had a difpenfation from the Pope to lie. But if they can
bring him filent to the Gallows, all their favour will be, to willt him dif-
patch'd out of his pain, asfoon as poffibly he may. And in that Cafe they
have already promis'd they will be good to his Wife, and provide for her,
which would be a ftrong encouragement, for many a woman, to perfwade
her" Husband to digeft the Halter. This remembers me of a certain Spanifli
Duke, who commanding a Sea-Port-Town, fet an Officer of his, under-
hand to rob the Merchants. His Grace you may be confident was to
have the Booty, and the. Fellow was affur'd if he were taken
to be proteded. It fell out , after fome time, that he was
apprehended His Mafter , according to Articles, brought him off.
The
(l?)
The Rogue went again to his vocation, was the fecOnci time taken, de-
livered again, and fo the third. At laft the matter grew fo notorious,
tliat the Duke found, it would be both fcandalous and difficult to pro-
te£t him any longer; But the poor Malefaftor fending his Wife to tell
him that if he did not fave him he muft be hanged to morrow, and that
he muft confefs who fet him on : His Maftcr very civilly fent him this
Meflage; Prithee fuffer thy felf to he hanged this once to do me d Courtejiej
and it [hall be the better for thy Wife and Children.
' But that which makes amends for all, fays our Author, is the Kings
* refolution to have frequent Parliaments. Yet this, itfeems, is no amends
* neither: for he fays Parliaments are like Terms, if there be Ten in a Year,
' and all fo ffiort to hear no Caufes, they do no good.
I fay on the other hand. If the Courts will refolve beforehand to have
no Cauics brought before them, but one which they know they cannot
difpatch; let the Terms be never fo long, they make them as infignificant
as a Vacation.
The Kings Prerogative, when and where they fhould be called, and how long
they jhoiddJit, is but fubfervient, as our Friend tells us, to the great dejign of
Government', and mujl be accommodated to it, or we c^re either denyed ordelu'
ded of that Protetlion and JuJlice we are born to.
My Author is the happieft in one faculty, I ever knew. He is ftill ad-
vancing fome new Pofition, wliich without proving, he flursupon us for
an Argument: though he knows, that Dodrines without proofs will edifie
but little. That the Kings Prerogative is fubfervient, or in order to the
ends of Government is granted him. But what ftrange kind of Argu-
ment is this, to prove that we are cheated of that Protedion to which we
are born. Our Kings have always been indued with the power of cal-
ling Parliaments, nominating tlie time, appointing of the Place, and Dif
folving them when they thought it for the publick good: And the People
have wifely confulted their own welfare in it. Suppofe, for example, tliat
there be a Jarring between the three Eftates, which renders their fitting at
that time Impradicable; fincenoneol them can pretend to Judge the pro-
ceedings of the other two, the Judgment of the whole mule either refide
in a Superiour power, or the difcordmlift terminate in the ruine of them
all. For if one of the three incroach too far, there is fo much loft in the
Balance of the Eftates, and fo much more Arbitrary power in one ; 'Tis as
certain in Politiques, as in Nature; That where the Sea prevails the Land
lofes. If nofuch difcord ffiould arife, my Authors Argument is of no
farther ufe: for where theSoveraign and Parliament agree, there can be no
deluding of the People; So, that it\ ffiort, liis quarrel is to the conftitu-
tion of the Government.
And we fee what nettles him. That the King has learnt from the unhap-
py example of his Father, not to perpetuate a Parliament. But he will tell
you, that they defire only a lading Parliament, which may difpatch all
caufesneceflaryand proper for the publick: And I Anfwer him, that it
lyes in themfeaves to make it fo. But who ffiall Judge when it ffiall be
proper to put an end to fudi a Padiament.^ there is no farther Anfwer left
him ; but only, that the Reafon of things is the only Rule: for when all
neceflary caufes are difpatch'd, then is the proper time of DilTolution.
But if you mark it, this Argumentation is ftill running in a Circle. For
the Parliament, that is the Houfe of Commons, would conftitute them-
fclves Judges of this reafon of things; and of what caufes were neceflary
to be dilpatch'd. So that my Author had as good have laid down this Po-
£ fition
(loy
fition bare-fac'd, that a Parliament ought never to be Dillblved, till an
Houfe of Commons would fit no longer.
My Author goes on fcoffingly. That he has nothing to fay for thofe avgry
men (he means of his own Party ) whofe particular Defigns are difrlppointed
only that they might have kept thetr places-, and that he can find no difference
hetivixt them who are out, and thofe who are put in, hut that the former could
have rutnd us, and would not: and thefe cannot if they would.
lam willing to let them pafs as lightly as he pleafes : Angry they are,
and they know the Proverb. I hope I may have leave to obferVe tranfi-
ently, that none but angry men, that is, I'uch as hold themfelves difob-
liged at Court, are the Pillars of his Party. And where arc then the prin-
ciples of Vertue, Honour and Religion, which they would perfuade the
World, have animated their endeavours for the publick? What were they
before they were thus Angry ? or what would they be, could they make
fo firm aninterefl in Court, that they might venture themfelves in tliat
bottom ? This, the whole Party cannot choofe but know ; for Khaves
can eafiiy fmell out one another. My Author, ah experienced man, makes
but very little difference, betwixt thofe who are out, and thofe who are
put in. But the Nation begins to be awake: his party is mouldring
away, and as it falls out, in all dilhonert Combinations, are flifpeffring each
other fo very fait, that every man is fliifting for himfelf, by a feparate Trea-
ty : and looking out for a Plank inthetommon Shipwrack, fo that the
point is turn'd upon him { thofe who are out, would have niin'd us, arid
cou'd not; and thofe who are in, are endeavouring to fave us if they can.
My Adverfary himfelf, now drawing to a concluiion,feems to be inclinin<r'
to good opinions: and as dying men,are much given to repentance, fo finding
his caufe at the laft gafp, he unburthens his Confcience and difclaims the
principles of a Common-wealth, both for himfelf, and for bothHoufesof
Parliament, which is indeed to be over-officious: for one of the Houfes
will not think they have need of fuch a Compurgator. But he Wifely
fears no change of Government from any, but the Papifls. Now. I am of a
better heart, for I tear it neither from Papifts nor Presbyterians. Whether
Democracy will agree with Jefuitical principles in EnglandY am ndt certain;
but I can eafily prove to him, that no Government but a Common-wealth
is accommodated to the Syfleme of Church-worfhip invented by Jolm
Calvin. ,
'•'The Declaration concludes, that the King is refolv'd to govern in all things by tho
Latvs: And here the Author of the Anfwer, is for frisking out into a tit of.Joy, which
looks as aukward with his gravity, as ever was King DatiTs dancing before the Ark.
This fimilitude I hope has pleas'd hin i if it does not, Ef/s. Afs (lands read^ Sadled at
thedoor.But a melancholick corrfideration has already pour'd cold water in his Porrcdge>
for ajl promifeshe fays,are either k^pt or broken : well-fare a good old Proverb. I cbuld find
in my heart to cap it with another,the old IVotnan had never laO^dfor her Daughter in
the Oven, if fhe^had not been there herfelf before. But if the King (hould keep his wwd, as
all but his Enetnks conclude he will, then we (hall fee Annual Parliaments, fit longer [
hope, when they meddle only with their proper bufinefs. They will lofe their time'
no more, in cutting off the Succeffion, altering the courfe of N«iture,and direding the
providence of God, before they know it. We (hall have no uniting of Seds againfl the
Church of England, nor of Counties agabft the next Heir of the Crown. The Kfng (hall
then be advis'd by his Parliament, when both Houfes concur in'their ad vice. There (hall
be no more need of Declarations about the dilfolving of Parliarhents i and no more need
of fadious Fools bo anfwer theniiBut the People (hall be h3ppy,thi King (hall be fupply'd
the Alliances (hall be fupported,and my fuppos'd Author be made a Bi(hop,and renounce
the Covenant. That many of thefe things may happen, is the wilhof every loyal Subjed:,
and particularly bf Sir, Tent moft btmblt Servant ,-'f _
THE
CHARACTER
OF AN
5U-Coutt jf aljourite t
representing the
. M I s C H I E F s
That flow from
Minifters of State
When they are
ilore GREAT than GOOD,'
The Arts they ufe to Seduce their Maflers^ And the Unhappinefs
of Princes ^ that are Curf'd with fuch VeftruHm Servants.
Tran^ated out of French
Printed forT, Dam, in the Year i(S8i.
J
11
• - 1
SL>>
• '
1
i'
, [ 3 ]
THE
CHARACTER
}
OF AN
3U'-|tourt Jf abourite t
REPRESENTING THE
MISCHIEFS
That flow from
Minifters of State,
When they are more Great than Goo c]
I
He that ftands by and obfervesthe fupple AddrefTesand fedu-
lous Applications of courtiers, how greedily men Repu--
ted ffife, fell their Liberties, and Sacr^ce their time, with
what Patience they Undergo Attendance more Greivous
than the toyle of Algier-Gally-slaves or Vopi[b Pilgrimages,
will be ready to Imagine, that it muft needs be feme wondrous Myfiery,
which deferves fuch Superftition; nor can exped lefs than the Philofo-
phers-stone^ where he fees fo many Furnaces fet on work, andfo rare
Alchymifls Engag'd.
If he caft but a Superficial Eye on the Lofty Flights of the Jf ahOUtltf 0
of Princes, how in Effeif they manage all the Reins of the Commoil
Wealth, though their Mafters fit in the Saddle ; how they give Laws to
the people by Recommending Judges , nay Biafs Religion it felf by be-
flowing Ecclefialiical Dignities and the Fattejl Benefices,znd make the bra-
ve(t Swordmen Ink their Feet, fince they can neither get, nor hold any
Command of Honour or Profit, but through their good Graces.
He, I fay,that Remarques all this,and alfo how their feeming Virtues,'
and perhaps but imaginary Abilities, are Magnified, and Multiplyed,and
even their Errours with Veneration Concealed, Extenuated or JuBified ;
with what eafe they trample upon their Adverfaries, and prefer their
Dependants^
?u
[ ♦ 1
tfepefid/tfits, how can he refrain from drawing at fo tempting a Lottery.^
orefcape thofe delicious Charms ^ which would almolt delude a Stoick
to miftake fuch a Fortune for his stmmum Bonum,
But alas, thefe are only Outfides to Amufe the Ignorant, thefe ftately
Scutcheons ferve but to hide a dead Co'rpfe, and thele excellent Odours to
pet(ume a Sepulchre The Factions wherewith every Court and State is
f)erpetuallypregnant, thef^x^and Zmulation^ which, though nor lb
oud, is yet perhaps/m^r than open f^ar- the Spies which flike Eu-
nuchesin Turky) aretherefet upon all mens Actions, and the slippery
paths on which they walk; the Keen and Peftilent (landers againft
which Innocency it felf is fcarce Armour of Proof Thefe and a thoufand
other Inconveniencics are not prefently difcovered; And indeed, 'tis
perhaps fit they (hould be Concealed, left otherwife men of Sence and
Integritie avoid Courts, as perfons in debt do Prifons, and dread Great-
nefs like infeStion.
Which would yet be more Apprehended, if they could have either
xhe Prudence, or leifure to KeRed:, How many perfons that in a private
Station weteHonef, and Rejblute Patriots, when once preferred
to the Misfortune of being , have Abandoned all thoughts of the
publique-weal: their Integrity Retired to give place to their Fortune,
too Rank preferment their Honejly, and thence forward they aina'd
only to Advance their own narrow interejl, and blow flurt-liv'd Sparks
to warm their private fingers out of the Jpubliq^ue Jjhes of their Ruined
Country.
Their//^^or^^r^lafts (carce fo long at Court, as the firft man's did In
theTerrefirialPdradice: Though they were not before, yet they
believe they ought to become So, and therefore as the Foolifli wifeman
oXdi^nngzXWns Goods into the Sea , that he might more freely Philofo-
phize: They refolve to rid themfelves of their Confciences, that with leis
Encumbrance they may Manage the Affaires of State. They Conceit ^
pride neceffary to fupport their Dignity, and that fliould they not (well
and look Big, their Condition would be nothing Chang'd, that Civi-
lity would Reduce them to that whence they had forc'd them-
felves with fo much trouble 5 to avoid Contempt, not being able to ren-
der themfelves BeJpeSied, they ftudy to make themfelves/^-^ri-^. They
efteem, that there is no way left to blot out the memory of their former
Qualitie, but by the prefent Objects of their Tyranny , and that they
fhall not hinder the people from Laughing at their Infirmities , but by
Imploying them to weep for their own Mifieries, and complain of their
Cruelties.
One would think it Bedlam-Folly, that men not unacquainted with
BiBory, and fufSciently warned by Experiences of their own times,
fhould adventure on the very fame Precipices, on which. All that went
hefotethem broke their Necks; But we muft remember, that Ambition is
2.^ Blind as Love : They (like the famous fond Philofopher') are gazing
at till they tumble into the Ditch: Their Eyes are alwaies fixt on
the Glittering Fanities ahovo, fuggefted by a deluded Imagination, fb
they never look down on ih&PPrecks and shattered Fortunes, and difmem-
bred Bodies and forfeited Heads, and infamous Memories of their Prede-
cefTors, For few have the Wifdom to forefee, how hard it is in Great-
neis
/
[ 5:]
nefs to purfue HoneB and s-^tfe Maxims, what Refolution is required for
the Potent to be Innocent, what fordid Interefts they are forc'd to EC-
poufe J. and by what Infenfl^le Degrees they are brought at lafi: to'fwallow
thofeAdions and Compliances without Reludlancy, which at firfl: they
look'd upon with Deteftation ; What long fince was oblerved of Seja-
ntts, holds true of many latter Tympanies of Grandeur ^ that their favour
Is not to be purchafed without fome notable Crime 5 You rhuft part with
your Honour, nay your Soul, if you exped promotion from fuch Spirits;
tf this were fufficiently weighed , we may juftly prefume, fuch as have
a ftricdf Regard to Hanejiy^ would not fo precipitate themfelves intopuh-
lick Affair s,znA EdLnAgd-fin^hke greedy Came lions to be puffed up with
the tainted Air oCHaughty and Luxurious' Courts , where Intereft can
fcarcely beprelerved (unlefs by Miracle) without a fhipwrack of Con-
fcien^.
But ( to make our approaches a little nearer ) tf it be fo ticklijh a thing
for even z^od man to abide long in Honour, without becoming like the
Beafithat^rijheth^ and adting Diffonourable things , What then fliall
we fay of thofe Portentous Meteors, .ih2Lt fome times Blaze in that fuperi-
our Orbe, noxious Exhalafons drawn up by theyoanton Beams of Favour,
Stovnthejlitne and filth oC the World,and which prefage more Calamities^
th^n a Comet J to thofe Nations in which they appear? Infolent Giants 1
that Combate with difplaied Colours, the Authority of the- Fundamen-
talLaves^ and. all methods of whoin theCovernment of a State
produce a Defign formed for /?«/'», who ^to-wfat ar^d Burly from the
Juice and fubltance of; Exhaufted provinces, who build their own
Houfes with the f^yffka.n6 diffipation ofa whole Kingdom. Princes
,and would be happy, If without by Proxy , they could
live in Per [on 'j They are born oft times with excellent Qi^alities, and
^are Calm Seas^ filled with Riches and Power, that might do good to all
the World, if the ivinds would but let them flow gently according to
their own Nature. But as Extraordinary Beauties'ixe .Court^ by vari^
..ety of Lovers , fo fuch Exalted Conditions rarely'want a fwarm of Flatte-
rers, meetInfelts.hxed out ofputrifadlion by the warmth pf EoyalSun-
Jbine, that under the umbrage of Adorers^ niake themfelves Mafiers,znd
by a colour of Service, exercife an Empire even, over thple that think
.they Command the Univerfe; whole [acred Names in fuch-a Cafe
become but a Pafs-Port to Mifchiefs- Theit Authority ^Sd^hfCimtY to
^Crimes; their but T/Wf'rto Debauchery and fupplies for Rioty
'Their Power an Inftrument of Revenge,zud a fcourge and plague to thofe
very people whom it ought to cherifh and protedt.
What fhall-we fay ofthefe Jnfufferahle Grandees^ who reck their Prt-
vate Spleens^ with theH^Wrand Arms of their Maftcr^. WHb declare
'all thofe guilty of High Treafon^ who do not fall proftrate before them ?
^jyho by Fatal wars and difhonourable Treaties of Peace, by abandoning
riie'rr«^ Interefi of their,Country, ,and playing the with
,the Body Politick, till they caft it at once into a , ahd a
Confumption endeavour all they can to bring the people into Dejpair,
and wquld gladly Reduce the honefter fort of men to fo
_ miferable, a Condition , as to be unable to fave them-
felyeSj but in a Revolt; ThiX. fo they may palliate their own villanies
- . ' B fey
by ethers foted tifibediince^ and trip off v^ith tht fJioilSof a Natibn iiti
GetteraI Ombufiion of their owb Kindling ?
Obferve them in Ancient Hiftor^ ( f6r meddle not \Vkh out Times )
They firft Ruin the people, and then, if not thetnftllVes, fheit Nlafteirs,
and many times bring Deftrudion on all three. Their Coiirfes are all
Violent and Domineering, they own no Laws but Will and l>Icafure^
their pace is always jpftll-fpeed, they Whip and flalh like Mafters Of a Uride-
w<r//, rather than perfons intrufted with the Governance of Free-men,
All to them is plunder> all is Pre/: They cannot feed but on dead Midie/^
they firft Rifie the ship they Sail in, and then wilfully fiHnd Hety to cort-
ceal their own : Though they came only out of the Vitf, and
to (peak truly, are of Kin to no Body, yet they believe thcmfelvesthe
Heirs of all the World j There is no Officer of the CroWn, no Grtterimr
of a Place, whofe Succeilion they do not pretend unto, They think they
are not in fafety, fo long as there is any man in Credit or Authority, that
is not a Creature of their own Raifing.
Such people commonly introduce themfelves by Lent meant, and fdt
the moft part, fuch as are dijhoneii and Vile; they not feldom owe the
Commencement of their Fortune to a well-Danc'*d Saraband^ tO
of Body, to the Beauty of their face, or the inteteft of a Strumpet: They
make themfelves valued by jhamefut fecret Services y whofe payment is
not publkkly to be demanded. In a word, though wife Antiquity alloW-
ed no Entrance into the Temple of Henour, but through thst of Pirtne^
yet thefc croUd themfelves into Credit by the Recommendation of Vieey
their crimes which truly defer ve the Halter and the Ax, are the file Kenn»
dels, whereby they mount the Ladder of 'tmring preferment^
Nor is their progrefs unfuitable to their Rife 5 Their defign being only
tomakecomplaifantpropofitions, they enquire not whether they prop
or Incommode 5 If they do but pleafe 'tis enough. They inCnuate them-
felves into their Mafters Favour, by the Intelligence they endeavour to
keep with his Taffions, And having once ppfTeft themfelves of his mind,
they feize on all the ^Avenues, and leave not fo much aS an entrance for
his Great or Frivjf Councel, nay, fczrce for his Confejfer: How weak and
tender foever his inclinations may be to E-v/Z, they water and Cultivatf
them with fo much Art and Diligence, that prelently there Iprings up
eLgreat-Tree from a little Seed, and a violent and Opinionated Habit, from
alight Difpofition.
Thefc are the Petroniujfes and the Tigillinuffes about l^ere j Thefc ate
the Advocates of Voluptoufnefs, the Peft of a Realm, and the St/il Genii of
Kings.
'lis Incredible to think how many Charms they ufc, without Imploy*
ing thofc of Magick(of which yet the people forbear not to Accufe them.)
How Ingenious are they to invent new pleafures to a Sated and dil^
gufted Soul, and with ^hztpus^ent Jharpneps do they awaken the
ingLufs, which Languifli and can no more c
Yet do they not at the firft onfet become abfilute Conquerottrs, btit fbfi
time difpute with Virtue, which fiiall gain the Afcendenc in theCotiftdf
a Prince of Eighteen; Sometimes ihe gets the better, ibmecimes is ifcf-
puisU, fothatforafhort feafon there is a divided or Alternate Kmirr
over his A^edions j A kind of Twylight between Oood and 111, >uft do.
vcrnmoat
i 7 ] •
ifci'nttient and Tyranny ferfde. Projeds brave and good,a re Refet-
vedupoti, but before they can come to the Humour itf alte-
red 4 go6d Councels wgive», but e're they take in^reffionon his mind,
is contrived, which dafties them out of his and they
are thought of no more. Honeft Barrhw is hearkned to perhaps, but
thefe Cturt-Enrrvigs will take care, he never fliall be beleived.
However thus far, they are like 5f»rf4*si4//4w^, and things are not
yet grown defperate, but at laft, they carry away dl before them; The
£//rMrr deftroys as much in three days, as the Stoick hm\t in five Years:
Having undermined or ftormed the Fortrefs, they by peicemeals difman-
tie it, and undo the whole Frame: They alfault their Majlers good
parts one after another, from petty 54///« of Humour and SocUbie Revels,
and a refrejbing GUfs and bitijbing Gallantries, they lead him on flef by fief
K) the Utmoft degrees of Bebamhery, Adulteries, Perjuries, Cruelty and
Tyranny,
At fifft they content themfelves to breath in his Ears, that it is not
neceffary for a Prince to be fo frecifely Religions, fo firiSlly Jufi, fo nicely
Temperate, or fo very much an honefi Man, That it's fufficient, if he is
Hotwuked, thd^tivineznAmmen^Qit defigned to fweeten the toils of
Empire, and the Fair created on purpofe for the diverfion of the Greati
That he woul^^5ut himfelf to too much trouble to make himfelf beloved,
that he only ought to prevent his being Hated: Or if that cannot be,
#0 render himfelf will do as well. Thatfolid and perpetual Pro-
bityistoo heavy and too difficult, fince its Umbrage and Counterfeit,
hath no lefs fplendor than the Original, andproduceththe [ameEffeSls *
that a vertuoua a(aion or two, kind and fofular, ( which is no great mat-
terofcoft,) being/r^ performed, maylervcto entertain his Reputati-
On; nor will they leave him in fo fair avoay. After having made him
efteemgood, 2.s zn Indifferent ihmg, they make him approve lU as rea-
fbnable, and afford the colour of and reprefent thofe things
which are ihtjbameoi all the reft of mankind, as peculiar Ornaments of
MajeUy,
To authorise his veorfi Hions, great Examples fhall not be wanting,
they tell him,it is not in Turkey and amongft Barbarians that he is to look
fbr PrecedentSy that all things arc laenful to the Povoerfuly or at leaft any
thing may be made appear to be fo to the Simfle, God's own people,
the Holy Nation ( fay they ) Sir, will furnilh you with Inftances more
than enough. That very King that built the Temfle, was alfo the Foun-
dcr of a Seraglio, and we at this day fee at Confiantinofle but a Copy of
what was formerly to befcen ztjerufalem; you content your felf even
in the heat of full veins and vigour of youth with half a fcore or Forty
Fifty Women only, whereas he that was the voifefi Prince the Earth
could everboaftof, even the fuperlative in his old Age had fx
hundred, which the holy Scripture implies to hz Legitimate wives, with-
out reckoning thofe which were his Concubines; And have you not
heard of theof his Father David, and of thofe c?4//4*r/things he
Commanded by his Teftament^ We fhall not Exaggerate them, only
befcech you to confider, by how many Deaths he counfelled his Son to
fecure Hismn Life,
Nay Sir, fince the Law of Grace, and amongft Princes, you
cannot
cannot find more Svoeetftefs • you are nice perhaps to abandai'
a cJ^d, orftagger to expofe a Son that never difobliged you
But (to omit the pradlife ofMahumetans, and the modern Exarnple of
the moft Catholick King in the unfortunate Don Carlos") The great Con-
Jlantine ^ that Holy^ mojl Religious ^ and mojl. Divine
he hath been called by the mouth of Councils ) did much more than this, •
For hecaufed his to be^ put to death upon xh^ firfi Suffifion,
which WisfalJIy fuggcfted to him. 'lis true', he regreted his Execution
and' acknowledged his inmcency ^ but this acknowledgment came too
late, and his Regret lafted but four and tvoenty hours 5 He thought hira-'
felf quit by caufing a Statue to be ere(5l€d in memory of the Deeeafed-with
this Infcription, COtRF ©Olt CljTifpuS, tOtlOm 3i caufet) tO tllC
Cinlufllv. . . , . .
Do you referve your ahfclute Authority ^ will you always ftand upon
JuJlice and Title^ and vain punctilio's of Equity i Dare you not vftForce^
when the good of your Afeires requires it ^ The Example of the Mighty
Charlemaign, who is one of the Saints of the Church, as well as one of the
Nine Worthies, may fecure you againft all the Scruples your Confcience
can make, heknew^ neither a better, not greater Right, than that of
Arms^ the Vommel of his Sword ferved him for his Seal and Signet., To
this day there are Priviledges found granted, and Dona^ns of Bands
made, by that Good and Emperour, being
prefent, fealed with the Pommel, and which he fwore he would warrant
with the Edgeoi the fame iSvcord.
' Would you rule Abfolutely ? At your pleafure leavy T"/?■ and, dit*
po(eofboththeG<Jcir and of your Subjects ^ you fhall therein.do'
nothing ivTd-iv or Extraordinary. All the Mighty Monarchs of the
have done it thefe many hundred Years. And the mofi chrijiian Kmg
pradifes it at this day. Difcover not fo much weaknefs, as to regard-
the Sighs and Groans out People, who are but animated Durt, prat-
lingBeafts, Creatures defign'd to be as well by Nature For'
tune. What elfe were they for, what elfe are they good for, but to
be InUruments of your Plea[ures\ and Sacrifices to your Glory ? The only
way to preferve your Authority, is to Curb the and keep them
Miferable, do they under your then fcourge them with,Scor-
pions. Are they not your Vaflals ? Why then do they Complain ^ ihaU
Slaves be allowed to Murmur and Capitulate i If their Tears grow trou-
blefome, walh them away with their Blood. «
There have been Favorites mentioned in Hiftories that have InftruCted
Princes, in thefe and the like Pernicious Lejfons, and being at lafl: tyred
out with defending Crimes, with precedents, Toexcufefome new W;!*-;
Extravagance, they freely have told their Prince, that whea
there was w to be found, he might make one. That what had
formerly been Unheard of ^ would, being done, ceafe to be fo; That it
would be jhamefuliox the Soveraign Authority to give an Account of any
thing it Commands, and Misbecome him, who hath Armies and
Fleets to maintain his Actions, to feek Words or Pretences either to difguife
or Juftifythem. ^ .
There is not a man (this is the Language of the Sejanu([es and the
Plautujfes) Innocent in all the parts of his Life, and who in his Soul
Envies
[9]
Eftvies not his Superiours, and when they Envy they Hate. Therefore
the Prince cannot but Condemn the Guilty^ nor ftrike any but hU Ene-
miesy confequcntly he gratifies him, whom he bereaves only of bis Goods,
in that he takes not away his Honour and leaves him his Life. HomHy
titi^'juJltcesiXQvmuts^tOT^txfot Merchants zn^Lavpytrs ^ not for Sove*
raignes 5 That to be slaves to their words, is to depole themfelves, and
abandon their Prerogatives, that even in Heaven (if there be any fuch
place above a Ladies Lap ) the Oaths of Prinees are put in the fame Scales
with thofe of Lovers. That Jupiter Commands them to be thrown into
theWfW, as things of no Obligation, and never to be regarded further
thanprefent Intereft requires.
Thus in a way of fooling and telling of Eahles, they perfwade the
Prince, that heis not obliged by his promifes, nor ought to hearken to
the of Preachers, or Dotages of Legiflators, but hands Exempted
by his Qmlity from all Laws Divine and Humane^ nor is obliged by ties of
Juftice or Prudence : And that it belongs to him ^ure Divino^ to define
unto men, what is Good or lll^ to declare unto the world , what for the
future he will have to h^juji or unjujl, as well in Morality, as Tolicy,
Thus are Tyrants made, from this Stock Monjlers are engendred. from
fuch Commencements, we come to fet Rome on fire , to Butcher the
Senate, to diflionour with Debauches, and declare War againft
ithyParricides, Thefe wheedling Whifperers are the firft Caufes of fo
many Miferies, and did not thefe winds Blow, we (hould be fcnfible of
none of thefe Tempejis and Hurricanes, able to difcompofe the Harmony of
the beft [etled Governments in the World.
Wherefore, fince in the whole Bulk of fublunary Beings, there is no
Goodoffo great ule, and which Co univerfally Communicates itfelf as a
Good Prince, nor any 7/^, which difperfeth it felf further, oris more per-
nicious than a bad one: Can there be any punilhraents great enough in all
the extent of Humane Juftice, for thofe who change this Good into III -
Who corrupt fo Salutiferous and fo excellent a thing i They had far bet-
ter have poifoned all the Wells and all the Fountains in their Countries •
nay fhould they infed tb^ Rivers themfelves. Water might begotten
from elle where, even Heaven would ftill furnifh us with fome refrejhing
Drops ; Buthereofncccflity we muft either Choak, or drink Poifon; a-
gainft thefe Domeftick Ills, we are not J)ermitted toufe Foreign Reme-
dies; We are obliged to continue Miserable by the Laws of our Religion,
zr\Ax.o ohty Furies zoA Madmen, not only out of Fear, but alfo for Con-
fcience fake.
For which caufe, fince the perfons of Princes whatfoever they be, oupht
to be Inviolable and Sacred, and that the CharaHers of Gods finger ma^es
an Impreflion, which we are to Reverence, on what matter foever it
be Engraven, no wonder, if5»^j(?^/turn all their hatred againft thefe
Flatterers, which cafts them into thofe miferies without Redemption:
If they purine with all manner of Execrations thefe evil Councellors
which give them ill Princes, which provoke Innocents to Murther, and
good natures to Barbarous Cruelties: Tis their pernitious Advice,
which occafions all fatal Refolutions. Their maxims of Fire and Blood
aflure and fortify Malice, when it is as yet timerous and doubtful, they
fbarpen what cuts, they precipitate what is falling, they encourage the
C violent
[ lO ]
to run after the prey, they inflame the defires of the Avaricious
to Invade their peoples Goods^ and thofe of the Lafcivious to Debauch their
Daughters and ravijh their Wives,
But if they meet with Natures, which are not fufceptible of thofti
Strong Paffions^ and which by their Complexions are in an equal degree
diftantfrom Vice and Virtue, if they light on thofe [oft Princes^ who are
without fting or Spirit, and have fmall Inclinations to great and mighty
Evils, but ratherpropenfe to£4^andEjjff«??>?4r^ delights, fuch as di-
vide their time between the C»/> W/i&r 5^//, and are more intent at the
Iheatre than the Councel Chamber. Tis ftill fo much the Worfe for
thofe people, who live under them, for abufing the fimplicity of their
f li ant M after ^ and taking the Ad Vantage, which their Spirit hath over
his, they themfelvcj Reign openly, and their unjuft Dominion adds to
the weight of Tyranny, the that occurs from fuffering it from a
particular private Perfon and fellow Subject.
You cannot Imagin the wiles and Artifices they ufe to attain hereunto,
and totally to fubjedl to themfelves the Prince. Their method is to fpur
him with Glory in the Eftablilhment of their Fortune. They give him
to underhand through feveral that his Predeceflbrs, who were
nothing more powerful than He, made fome far greater Creatures of their
own, that'tis more fafeto raife up New people^ who have no dependance,
and who Ihall only hold from his Majefly, than to ufe perfons of Ancient
Birth, and of known Probity, whole Affedions and party may be alrea-
dy made; That it concerns his Honour not to leave his works Imperfett,
but to labour for their Embellifhment, after he has Eftablilhed their Soli-
dity. That he ought to put them in a Condition, that they may not be
Ruin'd, but by themfelves. That if he yields to the defires of his An-
dent Nobility, who will indure no Companions; or if he confepts to
the Complaints and Petitions of his People, who are ever Enemies to all
Crowing Greatnefs^ he will not for the future have the power to reward a
Servant^ or to gratify thofe that oblige him. But muft live a Pracarious
King^ Duke of Venice^ zfihadow of Royalty, and be forc'd to call an
Aflembly of the states, to difpofe of the leaft Office in the Kingdom;
Befides, they Reprefent, that he cannot Abandon a perfon who hath
been fo dear unto him, without condemning the Condu<5l: of many Tears,
and rendring a publick teftimony either otpaft Blindnefs,or prefent fickle-
nefs.Nor wants thisArgument its force,for 'tis certainjthat having begun
to love any object for the Love of it felf time prefently adds our own In-
tereft to the merit of the thing, the defire that we have that all the
World Ihould believe, that our Eleftion was good, makes the adion of
neceffity, which before was Voluntary, fo that what hath been done a-
gainft Reafon, being not to bejuftified, but by an headftrong Perfeve-
ranee, we never think that we have done enough, and upon this fond
conceit, though never fo much Reafon be offered to difcontinue our
Affedlion, yetitfeems, wc are obliged in point of Honour, to defend
our Judgment,
Now, if thefe Temptations can lhake ftable minds, and fometimes
make Wife menhW, we need not be Aftonilht, if they eafily overthrow
Weak Princes, who make ufe only of borrowed Reafon, and who will yield
themfelves
[ II ]
themfelves to be perfwaded by a very mean Eloquence, fo it but fuits
with their already biafled Inclination.
And when once a Prince is Engaged in the making of this Subjedl
(whomas much without Merit, as beyond Meafure he dotes upon)
Grent, He fpeaks of him no more, but as his Enterprize, and the ut-
moft Effort of his Prerogative and creative Power, and fo goes on in a
blind Zeal, till without minding it, he even Adores what he hath made,
like the Statuaries of Athens^ who from their own handy-work chofe
their Gods 5 His thoughts which fhould be imployed for Clory^ and the
publiek good of his Realm, and have no other Objedl, but the ^afety
and voeUjare of his people, are all at an end in this pitiful defign, in blow-
ing up 2i gaudy bubble of Honour, as vain and trivial^ and yet no lefs Gay^
than that which Children raifc with a Quil from water and Soap; He 0-
pens to him all his , and pours out treafures on him as much in
defpightof others, as to benefit him 5 Andat lafl when he hath confer-
red on him all the offices of the Kingdom, and all the Ornaments of his
Crown, and has nothing left to give him but his ownper^on^ he furrcn-
ders that too with fo abfolute and fo total a Refignation, that in the very
Monafteries^ there is not an Example of a will more Subjected and mor«
perfeCily Renouncing itfelf.
Hence forwards he appears at Counctll, but when his prefence is ne-
ccflary to Authorize fome Extravagant prerefolv'd defign, in the debate
of whieh he never bore a part, and is content to Ihevv himfelf for no other
purpofe, but to juftify what thofe that advifcd him to it, are both afraid
and ajbamed to own-. He is amuzed with petty Divertifements unwor-
thy of his Condition and of his ^ge ; They take from about him all that
dare fpeak Truth, they Ruin under leveral pretences all that's Eminent
and Virtmm in the State, and he Imagins becaufe they tell him fo , that
all this is absolutely necejfary for his Service, and the lupport of his Go-
vernment • Thus Seneca muft be Butchered before Nero could turn per-
fe(5i Monfter, and Boetius banilht by Theodoricus, at the perfwafioii of
his three fatal Favourites, becaufe that good and wife Statcfmen was an
obftacle to their lewd defigns. ,
To ruin honeftPrf^r/^ri that would ftop the unhappy Torrent, flaun-
ders are raifed , and CV«/»wVjadvanc'd, and falfe informations Enoou-
raged, they are feized, on general Rumours without fpecifying their
Crime, and condemned unheard as Enemies to Religion and the state :
Thofe that are Rich and peaceable are Entrapp'd by informers and penal
Edidslet loofe upon them: Thofe whofe paft Services and undoubted
Lgyalty maintain them in repute, and whofe fdelity is without Reproach,
are employed in Chargeable, or put upon hazardous Attempts and un-
grateful Offices, either that they may loSe then Reputation ot themfelves.
Some arc driven away by an abfolute Command to Retire, • others Hono-
rably Bimjht by an Embaify, and in the room of all thefe, the ambitious
domineering place perfons at their own Devotion, who never look
farther than their Benefadors , and flop at the next Caufe of their For-,
tune, and therefore ftudy to ferve and advance their Interefts, who
raifed them,not the Prince's,though ftill they call themfelves his Servants,
and would be thought the greateft Zealots for his Honour.
Ihusn^ay an unfortunate Prince^ come to be at the Mercy and Dif-
cretion
i :fl
hi
li'
1 ^
I!
m
f
I'l
m- ■
i<!i-
11
1 -
ii.
]j
Ml
■A}
il^i'
il.
[ 12 ]
cretionofhis Favorite, hefliallnotcafta look, but prefently a fpy rea-
ders the other an Account, nor utter one word, but what is told him a-
gain, fo that in the midft ofhisown Court, and amongfl: all his Guards,
he (hall be Invironed with none but Savages, that prey upon him, not
having one faithful Tongue 2diiO\3i.x.\\\vc\., that dare truly reprefenthis pec-
pies Sufferings, noton^honejlEar to whom he may tell his own; Be-
fides he quickly becomes fo far Engag'd) that there is no way for him to
releafe himfelf, the other making all the World his Real Enemies, or fuf^
fjedted for fiich, that he may have none but him to truff: And by having
ong had the pofleffion of Affairs, which he Communicates with none,
he alone underftanding all, and knowing the State, he at laft becomes a
necejfary Evil, which neither can the Prince be cured of, but by a dan-
gerous Remedy.
After this manner, in an abfolute Feace^ being at amity with his
Neighbours, no Foreign Enemy appearing on the Frontiers, without
ifriking a Stroke, or having ventured farther than from the Palace to
x}sM^lheatre, may a Prince infenfibly fall into which
after the defeat of an Army, is the worft thing that could happen; And
to fpeak home, the Battel of Vavia, was not fo fatal to Francis the Firft,
nor the taking of Rome to Pope Clement the Seventh 5 For if their dtfgract
was great, it was not Voluntary, if they loft their Liberty, they in their
Affli(ftions preferved the Glory of their Courage, and if they were taken
Prifonersy 'twas by a great Emperour, who was their Enemy, and not
by oa& of their Petty Suhjells; There is no Captivity fo miferable , fo
bafe, nor fo Infamous, as that of a Prince who fuffers himfelf to be
Jbackledin his Cabinet, and by one of his own, he can never Exercife a
more Cowardly patience, nor be more fhamefully happy: Suppofe a
King fhould Eat his people to the very Bones, and live in his own State
as in an Enemies Country, he would not fo far eftrange himfelf from
the duty of his place, as when he obeys another 5 There is 'tis true, a
vaft difference betwixt Tyranny znd Royalty, yet the former refembles
the lattcj a great deal more than Servitude, It's at leaft fome kind of
Government, and one way of Commanding men, although a very ill
one. But for a Soveraign to give up himfelf as a prey to three or four
in the knowledge and Condudl of all his Affairs, certainly
there cannot be a more milerable Interregnum, than fuch a Prince's Life,
during which he ^^othmthing, and yet doth all thofe Evils which may
happen to the People.
In this Condition he is civilly Dead, and hath as it were depofed him-
felf, it is only his Effigies, which is ufed in publick,which out of cuftom,
and for a fhow hath fome Homages paid, and ufelefs Congees made to it.
But in effed Royalty is forfaken, and Favour only Courted, and a civil .
Idolatry committed; For as fome fuperjiitious Bigots fay ten Ave.Marians
to one Pater Nofler, and call an hundred times oftner upon St. Francis,
than on our Saviour, fo in this cafe, where one addreffes himfelf to the
King, forty fuiters applythemfelves to the Favorite; For indeed to go
to the Prince without his mediation, would be a certain courfe to jfoil
your Bufinef, though never fo juft in it felf, or advantagious to the
Publick.
What a brave thing it was in former times, to fee a King of CaBHe
who
[ 13 ]
whodurft not walk abroad? nor put on a new suite ^ without the per-
miflion of Alvarcs DeLma; all favours which others demanded of his
Majefty , he himfelf was obliged to obtain from him. The moft he
could do was to thetr Petitions to his Favourite, and to do
good Offices with him, for thofe whom he loved. How prepollerous
would it be to fee fuch a Courtier, as he was, who revoked the Eledions
of his Prince, turn'd thofe out of their places, to whom his Majler had
granted them, nay proceeded to that height of Infolence, that he took it
very ill, that his Mafter fliould once in his Life offer to read a paper,
which he prefented him to Sign, and complained that this was to
brAid his Fidelity^ and forget his paft Services.
But there are Shee-favourites as well as BeArded-ones - and though, this
be the weAker-SexygQi both their fAffions and EnchAntments are the ftronger
of the two. Hercules and Achilles were not the only Hero's that truckled
totheDiftaff: has often govern'd the roliticks, and the fortune of
a whole Kingdom become the paftirae of a debAuched womAn-^ For it's
too true, that fuch perfons have ftrangely derided the authority of the
Laws, and the Majefty of Empire; More than once, they have tram-
pled underfoot Crowns and Scepters, they have taken pleafure? and
fported themfelves with the Violation of Juftice, and Gloried in their
cruel Pride,inAffliding and Rendring Humane kind Miferable: Tis not
long fince there appeared one of thefe Heroina's^ who was rifen to fo
high a degree of Infolency, that having been follicited about a certain
Affair, which had been reprefented unto her, asjuH And fucile to be
done, that fhe might the more willingly Imploy her felf therein, fhe an-
fwered with afiercenefs worthy of her Sex and profeffion , 'ihAtfhe ufed
not her Credit fo lAvijhly^ thAt Another might ferve in fo fight anoccafion,
to do jujl Andfojftble things^ for her part, fhe accuftoraed her felf only to
undertake thofe which were Unjust And Impoffible.
How many Mifchiefs do you think follow fuch an one, how many Vi-
olences are committed under the fhadow of thefe fatal overgrown Med-
lers ? fuch a puffed up SuccubA hath not a Groom or a Lackey, who be-
lievesit not to be his Right and Priviledg to abufe at his pleafure any
other Subjed, and by alledging only that he belongs to fuch agreAt Mini-
on, commits all Outrages with Impunity, affronts Juftice, and dares
tell you to your teeth, after he has cheAted and abufed you never fo
grievoufly, that you are obliged, and ought to thank him for his Civi-
lity, that he did not Murther you.
C
All this while, you will fay, what is this to the Prince ? And yet
with all deference be it fpoken,he cannot be faid to be wholly Innocent of
the raifcarriages; His Ignorance is not UnbUmeAble, his PAtience herein
is not Virtue, and the Diforders which either he knows not of, or which
he Suffers, are imputed to him before God, even as if himfelf had done
them, and therefore that Prince who was according to Gods own heart,
in exprefs terms defires him, and that in the fervency of his moft ardent
Prayers, that he would CleAnfe him from fecret fuults. And Acquit him from
the fins of others which laft word Intimates, that Kings ought not to
D content
t H 3
content themfelves with that it is not enough fot
thcmto be Juft, ifthey lorethemfelves, and deftroy their people by the
Injitpce of their Minifters, which becomes their own, becaufe they
tolerate itjand Countename it, by Conniving and not punilhing it with le*
verity. Qm mnprobibet, ^uttm^oteB, Jubet.
Not to multiply Examples: Can King^^^/«^r«^ be juftified, who in
a moment abandoned to the Vengeance of a '^ernicioui tinman^ (o many
thoufand innocent Lives, and thofe too of the Sele£i people of God, with-
out inquiring into their Crimes, or making any Reflcftion on what he
granted: He had doubtlefs no bloody defign, nor any Imagination whi-
therthat inhumane Commillion he fo readily delivered with his Royd
Signet, would tend, and his ordinary idlenels, or over conceit of the
Jufticeand Prudence of his Favourite, fulfered him not to take any fur-
ther Cognizance of it, which rendred him to permit fo
many Murthers, and yet to be ignorant of it. For fo, no lefs wittily,than
judicioufly, brings in in the other World, and fome men
Reproaching him with abundance of Murthers, done under his Name,
who pleaded not Guilty, and protefted he did not fo much as know
what they meant, nor ever heard of thofe fufferers Names before, upon
whichtheGhoft of rofeup, and faid, Miscreant, we tdk
not here of the faughters thou hafi committed, but of thofe thouha(l not known:
Tor it is a more fhameful thing to a King to be Ignorant of the Evil that pajfes
in his Kingdom, tbantoaSlit. Turptm ignor^i, quamoccidifii.
Great Events are not always produced by great Caufes. The Springs
are hid which move thefe vajl Machines of State, that externally appear,
and wh^n thofe happen to be truly difcovered, we are aftoniflit
to fee them fo fmalland fo weak, and half aftiamed of the high opinion
we had before conceived of them. A fit of Jealoufte in an amorous In-
trigue between two particular perfons, hath more than once been the
caufeof a general War. A little reflexive Joak uttered in a gay Hu-
mour, an Affront to a Page, a tvhijper and a Nod, a Tale io\d at the Kings
going to Bed, is in appearance nothing, and yet this nothing, hath
been the beginning of Tragedies, wherein a Sea of Blood hath been flied,
and an hundred heads made fly. 'Tis but a cloud which pafles, a fmall
ftain in the corner of the Air, which vaniflies rather than abides, and
yet 'tis this light Vapour, this almofl: imperceptible Cloud, which raifeth
the moft fatal Tcmpefs , which (hake almofl: the foundations of the
Earth. The people when ever War is proclaimed, think it their Sove-
raignes Intereft, that 'tis to Revenge fome infufferable Affronts, or
Reparations of vafl: damages fuftained, that *tis to prevent an Inva-
fion, or fecure their Tranquility, to encreafe Traffick or force by Arms
the neceffary Conveniences of Peace: When in truth, perhaps all this
Baffle and hazard, this Blood and Treafure confum'd, proceeds only
from the Capricio's of two or three fenfionary Courtiers, that are content
to hazard the Ruin of their own Majler and Country to advance the de-
figns of fome powerful Neighbour, that underhand feeds them with Gold;
Or from fome other unthoughtof whim, if not altogether fo bafe, more
Ridiculous.
I
1^5]
I doubt not, but the mighty Zerxes made moft fpecious pretences to
juftifie his Arms, when he made his Inroad upon Greece^ and his Mani-
fejio's told wonders of his Intentions ; he had received (I'le warrant you)
Injuries^ which he was bound to chajlife , and had a Right which he
was obliged to affert, lb that he could not without diminution to his Glcty
refrain the Expedition; he forgot not to tell them, that he laboured for
the Reyo[e of the World , and to unite Europe with Jftu, that he, the
mighty Monarch of the Eufi^ came to Chaftife the petty Tyrants, and that
he came purely out of Compaflion to the pcof)le, and offered them a
rich Glorious Liberty, inffead of a poor and fhameful Servitude ; There
is no doubt, but hQFalJijied hisdefign feveral ways, and perhaps fwore,
that it was immediately Infpir'd him from the Immortal Gods, and that the
himfelfwas the Author of his Yet notwithftandihg all this
Parade and colours of Jujlice and Religion^ the bottom of the bulinefs was
in truth only this, a Greek Phyjician^ the Queens Domcftick, having a
mind to review the Port of Vyr&um^ and tafte the^j of Athens^ put this
fancy of War into hishead, and got her to engage her Hus-
band in the Attempt. So that the King of Kings, the Puiffant Redoub-
table Zerxes^ raifed an Army of three hundred thoufand Combatants,
levell'd the Mountains, drank up Rivers, and overburden'd the Sea,
^c. only to bring back a Mountebank into his own Countrey. Surely,
furely the Qmck might have gone the Journey with lefs expence and a
fmaller Equipage.
The Greek Hiftory affords us another notable Example in the King-
domof Macedonia. Long before the Birth of King Philips there happen'd
a famousConfpiracy, which of one state two, and divided the
Court, the Towns and the Families, upon the moft trivial occafion
imaginable; Oat Male agar. Gov QtnoMt of a frontier-Town, and Gene-
ral of iht Cavalry^ having an handfome Wife, and withall fo good
Natur'd, as feldom fuffer'd any of her Lovers to die of defpair. The
King hearing of her Beauty and Gallantry^ had a mind to give her a vifit
in private, but finding her no fuch exquifite as Fame had repre-
fented her to his fancy, he at firft fight betrayed his Dijgujl, and prefently
went away in a Huff, which Affront our/^r^i^ ( who had no ill
opinion of her own Merit,) refented fo briskly, that from that very
hour fhe vow'd Revenge : And not being able to effed it better, than
by corrupting her Husbands fidelity, and debauching him from the fer-
vice of his Maffer, fhe imployed all her Charms to that purpofe, till at
iaftbythe continual Croakings of this might-Raven^ the poor man had
loft his Reafon, and forgot his Duty, and by this bofome Cockatrice became
fo Impoifon'd, that he quitted the fervice of his King, »nd imbark'd
himfelf in the party of a Tyrant, without knowing truly, what motion
drove him, nor what paflion he Reveng'd; He aded a part he under-
ftoodnot, and was but hisWives Soldier^ when he thought he was the
head of the Revolt.
Tis undoubtedly a truth, that Kings cannot Reign without Mini-
fters, and fcarce lefs Certain, that they cannot live without Favourites t
The wifeft Princes in the World, the AuguHuf[e*s, and the Antonines^
the
[ i6 ]
t\\Q CcKjiantifiesJ and ihQ Theodofitffe's, if they ftiould Revive, would
once again J as well as formerly, give teftimonies of
and might with reafon love one man {^C^teri faribus ) rather than a-
nother 5 For virtue isnotfo auftere and Savage as to deftroy Nature,
nor do the Politicks oblige a Prince to diveft himfelf of Humanity , his
motions need only be and vpell Regulated ', Let him fhew his bounty
and his Kindnefs to particular perfons , let him enjoy his diverfions,
his Complacences, and his Friendfliipstoo, butftill it were to be wifhc
he would ob{ervea^/'r<'/'f^fw» and meafure in the diftribution of his Fa-
vours. Let not make his Horfe a nor every Fidler z Mini-
fier of State; Let not a mighty Monarch Debauch Nobiliiy (the Screen
of Majefly,) by conferring Honours on the Sons of Earth, and little peo-
pie as void of as Merit; Let him not encourage Villany by pre-
ferments, the proper of Virtue ; nor impoverilh the Publick, to
make one man unmeafurably Rich. Let there be a man (the dictates
both of Religion and Reafon allow it) who is the Princes Confident , and
on whom he may like the Sun, more peculiarly dart down his Beams,
but let there not be any,who Day and Night befieget'h the King,who by a
violentUfurpation ( themoffc abhorrible Monopoly in Nature) appropri-
ates him to'himfelf: For he who Impales a Good which ought to be-
long to the publick. attempts the fame Jnjudice , as if he hid the Sun
from all the World.
There is nothing that recommends a Prince's Judgment, or that is of
more Importance to his fifcty; than a difcreet choice of his Minifters 5
A man cannot condudl a Boat, nor guide a chariot, cor. manage an Horfe,
without making ufe of Addrels and Method, and fliall thofe who are to
direft Mankind, jump into the Imploy, without any preparatory Dif-
cipline.? We come to the knowledg of Affaries, and the dexterity of
ordering them, by Experience and Reafon; a place does not prefently make
a man wifer than.he was before ; nor are we to expcd Revelations, nor
think Heaven obliged to endow a Prince's Minifters with the spirit of
well Governing, and render his precipitate Eledlion valid and fuccesful by a
fudden Illumination; Courtiers are the matter, and the Prince is the
Artifi, who.can eafily render this matter Fairer but not better than it is,
he can add to it Colours and fliape on the outfide , but cannot give it
any interiour Goodnefs. Hecanbeftow the Office and the Title, but he
cannot confer Qualifications • The knowledg of things paft, the penetra-
tion into things to come: That Light which d.ifembroils the intrigues
ofthe Court, the Science of making War, and the dexterity of treating
Peace. In a word, he may make an/^o/, but he can neither make a
spirit oV\t, Able man. , ^
. « i i
Yet even in Chriftendom fuch idols are to be feen, there have been al-
ways unworthy perfons happy 5 Monkies careffed in Kings Cabinets,
and apparell'd in Cloth of Gold; There often happens an Authority,-
Muhhehh Blind and Dumb, which neither knows nor underftands, whieh
appearsonly and Dazles, pure refindhvithoxity you may call it, for it
h-SiS not my mixture Virtue or Reafon. There are Grandees, who are
only remarkable by their Greatnefs, and their Greatnefs is all without
them
[ n ]
them J They refemble certain/mV/f/r in fome paffs of the
World, which produce neither , i\cx Plant ^ they feem to touch
Heaven with their ftately tops, yet ferve the Earth for no Uje y and
therefore their Sterility makes their ht'ight accttrfe^.
Princes therefore fhould make a ftrift inquiry into the Abilities and
virtues of thole they Imploy, they lliould not fuffer theralelves to be led
by occafio/ty but take for their Inftruments fuch as are able, not fqch as
jland nexty or firft ofer themfelves ^ wherein too, they Ihould regard
not only a General Sufficiency y but a particular fitnefs for difcharging
thofe Charges.in which they place thcin •, They muft not think an expert
smldiery that hath fignalized himfelf in divers Battels, is therefore
qualified to be lent on an nor make an old Ptodigal hotdy Trea-
lurer, and fubmit the Exchequer to hisdifpole, becaufe having in his
youth profusM away all his own Eftate, henowfpeaks admirably well
<A.Prugaltty.
Nor Ihould a Prince prefently thruft into his Council all thofe whole
Ccnz^erfation is grateful to him 5 we ought to make a difference betwixt
perfons who di/tght us, and thofe who are Jfrof table to' us 5 betwixt the
Recreations of the mind, and the n^ceffities of the State ; and if a Sove-
raign take not fpecial care in this Exametty he will commit irremediable
Errours, and Inch whereby he may render not only his oven Reign miCb-
rable, but'alfo his memory accurfed and reproached in Ages to'^cbme.
He therefore ought not to follow his owO/'rw^#<?Affe£fions or Incllniti*
0ns, but abandon all Capricio's and fantafies in this matter t Let him in
other things Sport and divert himfelf as h^pleafeth, but in a chpic'^ of
fo high Concernment, he muft ufe the ff^erity of hjs Judgment, and at
Erft bring with fnman indifferency of mllt^ It ought to be a pure
tionof ReafoUy freed and difpoil'd of Eo'^eotHatCy
For the Mifchiefsarifing from ill Minifters are no lefs fatal, than Trf*
riofiSy part of which we have already Recounted, and to fum them up
all, isalmoft as difficult, as to prevent them. If they are Ignorant y
they Ruin the their Mafler and themjelvesy by their Weakiiefs 5 If
they are Paipe and Trcacherotti y they fet the Publick (;o 5^/*?, and betray
its Intereft for Money. If they are men of ill Principles, they blow up
their Prince to by Flatteries, andb^nilh Truth from the Palace.
•They put him upon extravagant Deligns, orendeavqur to drown him
in Voluptuoufnefs J They exhauft the Royal Treafury by their prpfufe*
iiefs, and ftrip poor People to the very Skin to feed tbpir inlatiable'^'z/tf-
rice 5 they rob the Prince of his nobleft and moft ftabie ThronCy the hearts
of his Subjeclsy by creating fears and mutual Jealoufies between them •
and whilft with vain pretences and endeavours, no lefs impradicable,
than Unjujly they would feem to make him more abfo)ute than his Fore-
fathers, they render him lefs Confidcrahle at home, and confequently
lefs Rever'd abroad, than any of his Anceftors, they manage Affairs aC-
cording to their private Fanciesj and hate publick Councils; having com-
mitted Extravagances that render them liable to Juffice, the reft of their
life is l^nt not to ferve their Mafterj but to fave their oven Nrcks • So that
E in
t '8 ]
in all their following Councils they confult not his Advantaoe, but their
and make his Interefts ftoop to their Conveniences; what
wre they bow much the people be provoktd , thev had rather their
Country fhould be involv'd in all the miferies and defoiations oia Civil
Way, or be made a Prey to a Foreign Invader, than they themfelves
brought to an Account before an Impartial Tribuml^Cmze m the firll Cafe
they hope to (hiftamongft theCroud, but in the fecond, canexpe<ano^
thing but certain Ruin, for their prefage what will hao
pen., they know well enough, the ids they have done muft be defended
with greater, and if thelive, they muft die, wherefore thefe be-
ing their Courfes, and that the Plague cauks not fo great a defolation
as one of theie accurfed Favourites, it might be wifht, that this Prauer
might be added to all the publick Litanies of Chriltians, Lord turn a
tvap from all States an Evil, vohichuthe caufe of fo many other Evils • Deny
notSoveraign Princes the Spirit of Condudl, which is fit for them to Govern
by; Give them undtrftanding enough to Council themfelves well and to ChuCe
their Counfellors as they ought, ' d
To Conclude, As the firft advances of 111-Court-Favourites are com
monly hafe and Jhameful, their progrefs F/Vr, wicked and deftrudive
their Ihort Continuances attended with Hazards and Anxieties, fo thei'
Eclipfes are ever more fatal, and their falls defperate, thev are Genprall^
furprized with Ruin, -and their defeat is like that oiForlorn Troops cut in
pcices before they can Rally, or be reinforc'd. Private men oftimes
fallupontheirZr^/andfindFriendstoreleive, at leaft to Commifer^e
them, and Bankrupt Merchants, are daily feen to rife again like Phinixes
out of their own duft, hm^kh Courtiers and Satesmen there are no de*
grees of Misfortune; Thofe Ladders they clamber'd up with fo much
Sweat, addrefs and difficulty, upon the fmalleft mifs-ftep, ferve but to
render their precipitation more notorious; when they are hurl'd down
from all thofe their beft comfort is not to Survive theic
deftiny, and their greateft miferyis, when they outlive themfelves to
fee their Families Buried in their Ruins, and all the advantages of their
Honour and Fortune turn'd againft them, like an Army diffipated with
the.fury of its own Cannon; Then too late, they find themfelves foifaken
of all thofc Alliances, which they had with fo much fubtilty contradied
vainly Imagining to have laid a Foundation of everlafting Greatnefs-
Their Cohweh policies areunravel'd in a moment, forno fooner do thev
begin to decline, but their moft obliged Creatures fhun them moff and
like Haman\ Wife are the firjl Harbingers of their Ruin. Thofe chat
were raifed by their Countenance, not daring to own any Love or Ho-
nour to their perfons, left they ffiould be involved in their Ruin by be-
ing at leaft fulpeded , asconcern'dintheir Crimes; their own Servant]
CQncXudeitbmJuHtce, asweW as Prudence, to expole their faults. Their
Enemies triumph over them , and even their Friends think it Charitv
enough to afford them an infulting and the people, who with rea-
fon univerfally hated, but feared them before, are now priviledg'd to
Curfe them; nay the Prince himfelf, in whofe fervice perhaps thev
wounded their Confciences,and for whofe pleafures they Bleed, ufes them
but as the sheen of Envy, and hoping with their Ruin to gratify many,
_ t
[ 19]
andplcafetf//, gives them up, when he cannot in prudence longer
fort them, as a propitiatory^ sacrifice to the enraged Multitude , and tw-
comes as inexorable to their Petitiom^ as they had been formerly to the
more jufi Requejis of others In diftrefs*
In fine, having long fince forfeited their(the fweet retreat
of oppreffed Virtue ) they at laft find no SanSiuary fufiicient to proteCfc
them, but are precipitated out of the World, loaded with Guilt and
and the of Nations, and the of their Mafitts^ and
the Execrations of all Mankind.
P IN I S.
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•n
®ria |Ma)o? ¥ jWto?:
OR,
A Sober and Impartial
ENQUIRY
Into thofe Pretended Fears and Jealoufies
o f
Boperp anP 3lrWtrarp l^toer.
with
Some Things offered to Confideration touching His
M a ; e s t i e's League made with the King of
FRANCE, upon Occaiion of his Wars with
Holland, and the United Provinces.
I N
A LETTER
Written to a Learned FRIEND.
<*6>
fSfil cvp
s Si a Sii sS a ftSa
<?&>
LONDON,
Printed for H. S. M DC LXXXL
[O
rs ^
SIR,
IF a rci-y long and fad, for many years together, often rejjeated Expc
rience, with the fence of very many National and Univerfal needlels
Miferies, which are fo certainly to be believed, as all the People of the
Nation (the wickedly-gaining Party by it only excepted) may fafely
make Affidavit of it, were able to obtain any thing or prevail with us, not
one, but every man lliould think that it was and would be a duty Incumbent
upon every EugUff-man, and true Lover of his King and Countrey (for there
be too many Counterfeits who do not well underftand either the one or the
other) to abhor anddyas the affrighted Greek, and Relator of the Strength
and Gigantine Cruelties of tlie monftrous Polyphemus, did with a Fugite b Fu-
gite, from the Phantafms of thofe ungrounded Fears and Jealoufies, which
ulher'd in, and fomented that Subverfion of our Religion, Laws, and Liber-
ties, efpecially when it is not yet gone out of memory, how many Difmal
ind ever to be lamented Effe£ls and Calamities the inflamed and affrighted
Vulgar and too hafty and inconfiderate Fadious part of the People, in the
Years 1641, and 1641. with the Fancies of Popery , and Arbitrary Power
and Dangers rufliinginupon us, viz. zPlague-Plaifler fup^ofed to have beeri
Attempted to be delivered to their great Champion yiv-John Pym to Infed and
Deftroy him; Florfes kept and trained under Ground ; the Lord Digby in
his Coach and fix Horfes (upon his ordinary occafions) appearing at KingHon
upon Thames in a Warlike manner, with many other drefled up Bugbears,
notenough to affright old Women and young Children have brought upon
us, and that a Bloody and Coftly War, Murder of their Kingand fellow Sub-
jeds. Rapine and Spoil of each other; the walhing over in Blood, and almofl:
Deftrudion of Three Kingdoms, and the Ruine of Church ana State have
been the Produds of them. And when all was done, could not aflign any
other Ground or Caufe for it, than Rebellion that Sin of Witchcraft ^ and the
Relifli and Content which was found in the violation of all the Command-
ments in the fecond Table of the dreadfully, by God himfelf, pronounced De-i
calogue; and as mucli as they could of the firft, and by yielding up tlieir
Dilcretions to the firft Summons of their Fears of Imaginary appariticuis of
Dangers, have made themfelves to be well deferving, or fit for the Reproach
or Caftigation which St. T^«/ofed to a far lefs intoxicated People, 0 yefaolijb
Galatians, who hath bewitched you >
Though your Learning, long Converfatioh, and large acquaintance
with Hiftory ; together with your carious recherches and retro*'
:&edion into the Affairs of the World, and Ages paft, a great InCght into the
Politiques, and a ftrid watch and obfervatiorikept upon the Caules, Fffe(Ts,
and Events of All ions of State, and as many of the Reafons and Intrigues
thereof, as are proper and do ufually come to publick View, may fuSciently
fbrtific you, againft thofe kind of Impreffions, which have befpoken and taken
up fo much room in the Minds of fuch as are lefs Cognilant ^ or do
too much accuftome themfelves to make their Defigns to be the only
meafureof their own Errors in Judgment, which are not feldom built upon
guels or contraries; yet left your great care and vigilance in all the Concern-
ments of th^PrcteJiant Religion , and the Property and juft Rights of the
B Subjcfti^
C'3
Subje£ts fhould raife In you more thap ordinary Apprehenfions, and carrying
ybu down the Rapid ftream of thofe great mifiakings, bercave^you of that
Happinefs which hitherto hath attended the Temper and Tranquillity of your
Mind, and make you a Prifoner to thofe Fears and falfe Alarms, which your
more Sedate Thoughts, will I affure my felf tell you are not to be numb'red
amongft thofe quiS in virum Conflantem cadere pojjint, which can ever be able
to difturb the quiet and repofe of a Man, who from the mountains of Time^
hath looked further than yellerday, and by the Rules of Prudence, Policy,
and forrher Examples, may with more certainty than Aftrolo^ ever affordcd>
forefee what is likely to happen.
I have adventured here inclofed to fend you my Thoughts and Sentiments,
which I hope will not want your Candid Reception; elpecially when they
fliall but bring before you and your judicious Cenfure the Confiderations, that
there will be enough furely to fatisfie and quiet the moft timerous or melan-
cholick Perfons (who too often trouble themfelv^es with their own Imagi-
nations} that the increafeof Pqtxry fince the Statutes of thefirfl and
of Queen and3«^ of King James, in the year 1(^38. (when Liberty,
Pretence ofReligion, and Confcience began to run out of their Wits, and ne-
ver Rayed until they came to an Open and Horrid Rebellion) hath been 16
little (although the Popilh Party have gained too many great Advantages by
that and our many Divifions in Matters of Religion and Church Govern-
ment, and our late National Debaucheries and Atheifm, which do carry too'
many into the Delufions of Popery} As it may, if a RriR: accompt were ta-
ken, probably enough afccrtain us that there hath been rather a Decreafe than
an Ihcreafe of it. And that if CommiRions, which will be no way in-
confiRent with the Rules and re'afon of Law and good Government were
jgranted by His MajeRy unto Orthodox, Loyal, Difcreet, Sober, andUnby-
ailed Perlons in every County and City of Englandsind Wales, to Inquire and
Certifie how many PapiRs there are therein Refident, the Relult and Conclu-
fjoh will allure His MajeRy and His great Council of Parliament, that there
is not above Five in every Hundred of the Nation, if fo many, that are guilty
of P.opery, orlnfeded with it; and \n Scotland not many more, unlefr
that fmall Number Ihould happen fomethiiig to be increafed by the late addi-
tion of the Jefuited Mafquerade counterfeit Protejiqnts..
And their increafe in Riches or ERate, not like to be much, when they that
fliall be Convi£f, and have no Lands or real ERate , are by the Statutes of
ipkfiZ/ir. to forfeit and pay 20/. every Month.
And they that have Lands and real ERate are to pay 2 parts, the whole iri
the 3 parts to be divided by the Statute of 3 Jac. ca. 4.
And if that ihould not impoverilh their ERates,and make them lefs terrible
than the-^wi^Fiwr,it would neverthelefsbe effcdcdby the Maintenance,NccelR-
ties and corroding of their PrieRsand Jefuits,with the multitude of Papal Exa-
dfions and Contributions to foreign Colleges, and Religious Houfes, Penfions,
Xl^fes, Peter-pence, Procurations, Suits for Provifions, Expeditions of Bulls,
ydppeals, Refcripts, Dijpenfations, Licenfes , Grants, Relaxations , Writs of
'Pcrinde Valent, Rehahilitations, Alolitions, and other forts and natures of
Breves dead Injlruments in the Statute of 23//. S. ca.vi. And
there faid to be Infinite, with their many times co^\y Mafes, Indulgencies,
'Releafes, and Purgatory favours, by which the common kind of PapiRs are
fure in their Contributions and Taxes charged upon them by their well-
gaining Superiours, or Conductors , the wrong way to have themfelves
and their Families kept and continued poor and low enough, without the
"leaR of'danger of Surfeits or overmuch Satieties, efpecially when they are to
live after the exceflive Rates of Houlliold Provifions, andExpences for Food
fs]
and Raiment, now more than formerly exaffed, to the fliameand diigraceof
the ProteRant Religion,by a mighty and infupportablecxcefs of Pride, Ufuryi
Brocage, and Cheating to maintain it.-
Neither are their Nuixrbcrs or Increafe(conrideringtheir ftri£t ObfervationS
of Lent, very many Publick Penances, Vigils, and Falls, and Private Morti-
fications) like to be as dreadful as that of the Children of Israel in JEgypt to the
Egyptians.
Or of the Moors that had 8co years together Conquered and Over-
powrecl Spain, vt'hen the numerous Pollerity of them were in tlie memo-
ry ofMan, banilhcd and fent home again into Affrick upon fo fevere and
fliort a warning, as they were conftrained to abandon and leave behind them
all their Lands and Pcfledions, and carry only fuch moveables as a rigorous
and ihort prefixion could allow them.
Or to caufe them to be Tranfplanted, as many of the Irijh were,
by Cromwell in his Hypocritical, Zealousi and unmerciful Policy from
their other more comfortable Provinces in Ireland, as Vljhr, Lyme-
rick, and i\\Q Englifh Pale, into Connaught the worfer part of that
Kingdom.
And that there is no foundation to fupport thofe Panick Fears which have
id greatly and more then needs tormented the Minds of loo many of the eitlieb
over-creduloufly iearlul, or over-medling part of the People, and being only
more fuppofed than demonftrated to be a Grievance, and lying heavy upon
fome kind of Spirits, will be as neceflky to be taken out of their Minds, and
as well becoming uStatQ-Policj, and the Care of the Soveraign, as it was
of our King Henry the Third, who in the turbulent Commotions of his Ba-
rons and their Adherents, and the Diftrefles which were put upon him, found
it to be no MountehanVs Medicine to Cure and alTwage the Diftempers of the
all-difcerning and giddy Multitude, by granting out his Commiflions into
every County, to inquire of their Grievances or caufes of difcontents ; fo as
not to excufe or Patronize any oneSort or Seft whatfoever, in their maintain-
ing the Unchriftian and Damnable Dodlrine of Killing or Depojing Princes
\ov Male-Adminijiration okyuHicc, or thofe that dillent from our truly Loyal
and Religious Church of England.
It may be a thing capable of woilder, and fit to be put as a QueRion to the
more Intelligent, How it Riould happerlthat Fears and Jealoufies Riouldfo di-
Rurb the Minds of fuch as endeavour to affright themfelves,and others with the
Attempts and Dangerous Doflrines of the Popifl) Party, ariU the fame perfons.
neverthelels to belo calm and filent in the faR-rooted, unrepented, and offered
in publick to be juRificd groundlefs, ungodly, and difloyal Opinions of too
many of thofe that would be called Prote(lants , and accompted Zealots in
the Praflice and Prorriotion of it. That a King is accomptable to the People for
Iredch ofTruJi, may he depofedy and ishut Co-ordinate with both his Houfes of
Parliament; and as not content with that which can never be proved to be
due unto them, would mount a great deal higher, and pretend that there is
a Soveraignty in the People; and that the King is but an Artificial Man , fet
up or appointed by them ; And fuffer a Seditious Book , called , The Obligd-
tion of Humane Laws to bepublickly Sold, and never complained of, when
it doth all it can to prove, That every man, how fimple or illiterate foever he
be, is to be a "Judge, whether the Law or a Command of his Prince or Superior
he good or bad, and direB or apply his Obedience unto ii accordingly.
As if they had never heard or read of the folly and dire Effecls of Rebel-
lion and Sedition in that of the Spencers, in the Reign of King Edward tlie
Second, That Allegiance was only due to the Crown , and not unto the Perfon of
the Prince; being exploded by two ARs of Parliamenty and the Promoters
• . . .
tondemned of TreafoHj arid his Inlorced refignation of his Crown to his Son
King Edvoard the Third,by the Faftion ot his Queen Mortimer, and thede-
pofing ofKing Richard tho. Second by an over-power of the Army ot Henry oi
Lancajler, and his Party, occafioned by affrighting him into a fceming vo-
luntary Surrender, difallowed and detefted by Succeeding Ages.
Or may we riot rather commend and imitate the better temper of the
Subjects of this Kingdom before the year of the Reign of Queen Eliza-
ieth, wdien in the beginning ofher Happy and ever to be prailed Govern-
ment, they never ftarted at her Indulgence to the Pop/Jh Pany , or took
it ill that flie kept an Embaflador at Rome, and was offered to have the
Englijh Liturgy^ and Reformation eftabliflacd by the Pope's Authority, if fhe
Would but acknowledge his Supremacy, gave Aid to Don Antonio, a diftrefled
Popifli Prince towards the Recovery ot the Kingdom oi Portugal, and fo much
affifted Mary Queen of Scotland, a Papift and Mother to Our King "jamei (who
if llie had furvived her, was by Inheritance to have been Queen of Eng^
land^ againft the Prejbyterian and Congregational Rebellious Party in Scot-
land, as they called he.Y the Whore ^Babylon, andpuhlickly Preached that fue
was an Atheijl, and of no Religion.
Or can we do iefs than deem the Englijh Nation in the Reign of
King James, to be happy in their enjoyment of fo great a Tranquiii-
ty, as to be tree Romany Sufpitionsof the Increafe of Popery, when he was
wrongfully accufed by Elphijlon, to have written a little betbre his coming
to the Crown of England, a feeming friendly Letter to the Pope, and that
the Pope had after became into England, fent a Cardinal to Seduce him into
the Snares of that Religion; wherein (although upon reafon ofStatehehad
given his Royal Proteftion unto Prejlon and Warrington, two Secular Priefts,
againft the Praftices of fome Jefuits, which Ahhot Arch-Bifliop of Canter-^
lury, a profefled enemy to Popery, did allow as a thing not evilly done)
his afterwards Learned Books and Writings againft that Church, might have
abundantly manifefted the folly offuchwhofhould but have imagined that he
had any Inclination or good Will unto it.
For it cannot be unknown to you, that until the 16*^ year, and the after
fucceeding years of the Reign of that peaceable and wife Prince, when his
Son-in-Law Frederick Prince Ele<ftor, and Count Palatine of the Rhine, had
as unhappily as rafhly and unjuftly , taken upon him to be EledVed King of
Bohemia, and that by tlie defigned Marriage of His late Majefty with the In-
fanta of Spai% he endeavoured all he could to allay and quench the Fire whicli
the Wars about that and the Palatinate had kindled in Germany, and had put
too many of our Englijh into an humour and fit of Zeal, to defire the pro-
pagating of' the Proteftant Religion by the Sword , no fuch Fears or
Jealoufics had gained a Pofleftion in the Minds of fome unquiet People,
who were in Duty as well as Reafon to have acquiefced in the Conftancy
and Care of that Religious King, for the prcfervation of the ProteHant Re-
ligion.
Nor efcape your Obfervation, that the benefits of the Marriage with the
Infanta of Spain, being not well underftood , and the mifapprehenfion of a
Toleration of Popery to enfue thereupon, multiplying the fuppofed Dangers.
Having induced the Houfc of Commons in Parliament in the Nineteenth
year of his Reign, to Petition that peaceable Prince, that the time was come
that Janus Temple muft be opened, and the Voice diBellona, not of theTurtle
muft be heard,and therefore they thought it their Duty not only to prorvide for
the prefent fupply of the War^lut to take Care for the Jecuring of their Peace at
home, which the dangerous Increafe and Injhlency of Popijh Recufants, appa^
rently, vifihly, and fenflly did lead them unto.
C5]
And yet in the fame Petition did acknowledge, That they did not ajjume to
themjelves any Power to determine of any part thereof, nor intended to incroachy
or intrude upon the jacred hounds of his Royalyduthority, to whom, and to whom
only they acknowledged it did belong to refolve of Peace and War^ and the Mar-
riage of the tnojl Noble Prince his Son.
Unto whicli he did Anfwer, That bis Son in Law's unjujl Vfurpation of the Ru^voortWi
Crown of Bohemia, from the Emperor^ had given the Pope and all that Party too Colkaroii;
fair a ground, and opened them too wide a gate , for curbing and opprejjing of
many Thoujands of the Pi otejiant Religion in divers parts of Chrijlendom ; that
the Palatines accepting of the Crown (^Bohemia, had reference to the Caufe of
Religion, and therefore would not have the Parliament to couple the War of the
Palatinate with the Cauje of Religion, and that the beginning of that miferable
War which had Jet all Chrijlendom on jire was not for Religion , but only caufed
by his Son-in-Law's hajly rejolut ion following evil Counfel, to take to himfelf the
Crown of hohcrm^, and in the lajt year of his Reign in a Speech to the Parlia-
ment, ivijhed that it might be written in marble, and remain to Pojlerity, as a
mark upon him when he Jhould fwerve from his Religion.
And certainly hemufl be much an Infidel, and a great Mailer in the Phan.
tajiicks, and School of Opinionafirete; that will not believe King Charles the
Firfl his Son to have been a great AfTertor of it, when in the tourth year of *
his Reign, in a Speech to the Parliament, he declared. That he was, and ever
Jhould be, as careful of Religion, and as forward as they could dejire, and would,
ufe all means for the maintenance and propagation of that Religion wherein he had
lived, and did rejblve to die.
And in the Head of his Army, and very great Diflreife afterwards profefs
by the taking of the blefied Sacrament, to maintain it, and took Jo great
a Care of it, as a Popijh Book could not peep into England, but he fpeedily ap-
pointed fome of his Chaplains, or fome other Learned Man of the Church of
England, to Print and Publifh an Anfwer unto it, made many of his Coins of
Silver to Proclaim his refolution to Defend the Protejlant Religion, Laws,-
Privileges of Parliament, and the Liberties of the People, and died a Martyr,
becaufe he would not deliver up his Subjeils to a perpetual flavery of a never
to be HiakenofF Arbitrary Power.
And His Majefty that now is, being the Son and Heir of his Conftaricy in
the Proteftant Religion, hath been fo much of that fixed and unalterable Re*
folution as the Love of a Mother, andallthofe Obligations that a filial Obe-
dience had put upon him, could not dilTwade him from enforcing the Duke
oiGlouceJler his younger Brother out of her Tuition, and Intention to breed
him up in the Popilli Religion, and the Syren Charms of Militiere in his
Book purpofely Dedicated unto him to make him averfe to that Religion
vvhofe PJeudo-P rofejfors had murdered his Father, and been the Caufe of thole
very many Miferies, Affronts, 111 Ufages, Wants, and Reproaches which he
and his Royal Brothers endured in the Twelve years longfome time of his
Diftrefles, could never perfwade him to accept of a ftrong and powerful Aid
of Catholick Princes for his Re-eftablifliment in his Kingdoms, nor incline
him to do that to fave Three Kingdoms, which his Grandfather by the
Mother-fide, the Great Henry of France, by reconciling himfelf to the Church
of Rome, did to fave only one, when his Sufferings outwent and far fur-
mounted any which his Grandfather had endured.
But if any would have our Laws the fevereft of which Was Enafled
in the Confpiracy, and feared evil ConfeqUences of the Gun-Powder T^ea^
fon, to be put fo much in execution, as to forfeit and take away two
parts of three; the whole in three parts to be equally divided of the real
Lftates of thofe who have Lands, and Subject thofe that have no Lands to
C gfeac
.
great Forfeitures and Penalties, and incapacitate all, to bear any Office in
the Kingdom.
They are to confider that it will be as hard as unequal for their King and
Common Parent, as well as ours to allow a Liberty and Connivance to tliofe
that are of worfe Principles, or at lead as dangerous as the Papifts, fought
and were a£tive in our lall; Wars and Miferies againft His Majelty, and His
Royal Father, and all that were their Loyal and Obedient Subje£ts, and deny
it to thofe that fought, were Sequeflrcd, Plundered,' and Suffered for them,;
tiiat all the Proteftants in the World are not in England, and that amongft
thofe in England^ tliere are too many (the more is the pity) who have lo
rent and divided tliemfel'l^es from the Church of England, and do fo much
and fo often vary in their Judgments, Pradice, and Opinions, as they appear
rather to be no Proteftants, or very little embracing the ProfefTion and Inte-
reft thereof; that our Incomparable and Prudent C^een , could ne-
ver have maintained and fupported fo much asfliedid the Proteftant Religion,
as well Lutheran as Calvinijl, in the Parts beyond the Seas, and that of the
purer and better reformed Religion of the Englijh Church at home by her
Aids, EmbafTies, Leagues, and IntercefTions, if flie had not requited the
Catholick Princes with the like Indulgence and ufage to any of her Subjeds
that were of the Religion, and that neither the Rebellions of the Earls
0^Northumberland and Wejlmorland, for the advance of Popery,, many feve-
ral Attempts to take away her Life, and Plots to Dethrone her, could ever
perfwade lier, or her Learned SuccefTor, notwithftanding the Horrid defign
of the Gunpowder Treafon, againft him and his Pofterity,and the wifer as they
Ihould be and better part of his Subjeds AfTembled in Parliament, to be more
than prudentially rigorous to that Party, whofe Friends in other Countries
might retalliate any Severity ufed to theirs; And although fhe made fome
fierce and fmart Laws to afFright thofe that called themfelves Catholicks,
for principles inconfiftent with the Safety of her Sov«raignty, and its Go-
vernment, which in all thefe Ads of Parliament appeared to be more againft;
the Emiftaries from Rome, which came to Seduce and lead them into fucli
dangerous Errors, than to forbid any thing that was Innocent in the private
Devotions, religious and pradical part of it; that Great Queen and King
well underftanding that they could not by any Rules of State, Juftice, or
Modefty, of which Priices when there is not fo great Inequality, as to give
them an abfolute Dominion over one another, are ufually very tender,
require any Eafe or Liberties for Proteftants living under other Princes,
and their Laws, when they can neither promife or perform Mutualities or
Reciprocations.
And therefore the Learned King James when the Houfe of Commons in
Tarliament had Petitioned him to give fome ft op to the growth of Popery, one
Caufe whereof th'bj ajftgned to he the Interpofition of Foreign Princes Emhajfadors
and jfigents in favour of Papifts ; Anfwered, That they might reft fecure , that
he would never he weary to do all he could for the Propagation of the Prote-
ft ant Religionj and Suptrejfton of Popery^ hut the manner and form they were
to remit to his Care and Providence, who could heft confider of times and feafons ;
hut his Care of Religion muft he fuch as on the one part he muH not hy the hot
Perfecution of our Recufants at home, irritate Foreign Princes of a contrary Re-
ligion, and teach them a way to plague the Proteftants in tJjeir Dominions, with
ivhom he daily interceeded, and at that time principally for eafe to them of our
Profejfion that live under them.
#^.nd inthe^Ith year of his Reign, in a Speech which he made in Parlia-
declared to the Lords and Commons, That it was true that at times,
ieftrons. /^r Reafons heft known to himfelf he did not fo fully put Laws in Execution
1^73
againji Recafafits ; lut did iv'rnk and connive at fame things which might have
bindred more weighty Affairs. But he did never in all his Treaties agree to any
thingy to the overthrow and diffolution of thofe Laws, iut had in all a chief
care of the prejervation of that truth which he ever profeffed; for as it was
a good Horjeman s part not always to ufe his Spurs ^ and keep fir ait the Reins %
lut fomctime to Juffer the Reins to he more remifs: So it was the part of a Wife
Kingi and his Age and Experience in Government had informed him fometimes
to quicken the L iws with Executions, i^nd at other times upon jufi Occafions to he
more remifs But as God fhall judge him., he never thought or meant^ nor
ever in any word exprefied any thing that favoured of it, and prayed them to
root out Jealou/ies, which were the greatefi Weeds in their Garden.
For certainly to Confilcate two parts of three of a Papift s Lands, or difin-
lierit the next Heir, if bred up in that Religion , can never amount to the
availof Proteftants in Hungary., Bohemia^ Silefia, Moravia, Po-
land. Upper or Lower Auilria, Piedmont., Flanders, Brahant, and the reft of
the Belgick Provinces, nor under thofe which were United and Confederate,
the Fdanje-Towwi, Bearne, and feme other of the Cantons of Switzerland,
and the bad enough already ufed Multitudes of Huguenots iri France.
Nor can the Pcrfecution or deftroying of the greater part of the Proteftants
beyond the Seas, to gratifie the humerous pretences, and caufelefs fears
of the more Imprudent, and lefter part of the Proteftants of England,
be by any rule of right reafon adjudged to be for the Proteftant In-
tercft.
And upon the like advice and reafon may our fears of any Invafion upon
cur Properties and juft Rights difappear, and vanifli as foon as they ftiall with
any eye of Judgment be but looked upon; nor will ever be able to endure
the touchftone of Truth, when our Liberties are fo Impregnable, and forti-
fied by very many of our good Laws and Liberties, and by our Magna Char-
ta, and Charters de Fprefia, more than Thirty times confirmed by Ads of
Parliament for thofe great Charters were never fingly or by themfelvesfo ma-
ny times confirmed by Ads of Parliament.
When by that excellent Law and Charter freely granted in the Ninth year P ca. 29:
of the Reign of King Hen. 3. Flo Freeman may he taken or Imprifoned., or he
diffeifed of his freehold Liberties or free Cufioms, he Outlawed or Exiled, or in
any manner dejlroyed, hut ly the lauful Judgment of his Peers, or hy the Law
of the Land; no man fhall he amerced for a jmall fault, or if for a greater, fa- ^ ^
vingto him his Contenement, and a Merchant favingto him his Merchandize,
JEarls and Barons fhall not he amerced hut hy their Peers; the King will not fell,
deny, or defer any Man either Jufiice or Right; No Man of the Church fhall he
amerced, after the quantity of his Spiritual benefit; hut after the quantity of his
Lay-tenement, and the quantity of his Offence, and a Villain fhall not he amer-
ced, hut faving his Wainage, and that all things done to the contrary fhall he
void.
Sureties or Pledges fhall not he Charged for any Debts of the King, if the Ca. g.
Debtor hath Goods and Chattels to pay the Debt, and is ready to pay.
None fhall be Difi reined for more Service than is due, to. '
Common Pleas fhall not follow the Kings Court. " n.
Thofe that do commit Rediffeiftn fhall be Imprifoned,2i.nA not delivered with- 20 ^ »
out fpecial Commandment of the King, and (hall make Fine to the King for
theTrefpafs. ^
By an Afi of Parliament made in the Third year of King Edward the Firfl,none 3> i. ca.6.^
fhall be attached by any occafion, nor fore-judged oif life or limb, nor his Landi,
Tenernents, Goods, or Chattels feifed into the Kings bands, againfi the form of
ths Great Charter, and the Law of the Land,
311
2$£. I. ca.^.
6.
Ca.2$.
£. M.
[8]
Ntf City, Burrough, or Town, nor any Man jhall he amerced without reafonahle
Caufe, and according to the quantity of his Trefpafs; that is to fay, every Free'-
man faving his Free-hold, and Merchant faving hjs Merchandize; a Villain fa-
vinghis Gainure, and that hy his or their Peers.
By an Ahl of Parliament made in the z q thy ear of his Reign.
The King voill take no Aids or Prizes,hut hy the Common confent of the Realm,
faving the ancient Aids and Prizes due and accuflomed.
Aids and Taxes granted to the King, jhall not he taken for aCuflom.
No Officer of the King hy themfelves, or any other, jhall maintain Pleas, Suits
or Matters hanging in the Kings Court, for Lands, Tenements, or other things
to have any part or profit thereof
There Jhall he no dijlurhance of free Elehlions hy force of Arms, Malice, or
otherwife.
By the Statute called Articuli Super Chart as, made in the zS*^year of the
Reign of the aforefaid King, There Jhall he chojen in every Shire hy the Com-
monatty of the fame Shire, Three juhjiantial men. Knights, or other lawful^
ivife, and well-difpofed Perfons, tvho Jhall he JuJlices Sworn and Ajfigned hy the
Kings Letters Patents under the great Seal, to hear and determine where hejore
no remedy was at the Common Law, Juch plaints as Jhall he made upon all thoje
that do Commit, or Of end againjl any point contained in the great Charter, or
Charter of the Forrejl, which were ordained to he proclaimed at ftur feveral
quarters of the year in ftdl County in ever) year, in every County, and to hear
the Plaints as ivell within the Franchijes as without, and from day to day
without allowing any the delays which he allowed hy the Common Law,
and to punijh hy Imprifonment, Ranjom or Amercement according to the
Trefpafs.
No Common Pleas Jhall he holden in the Exchequer contrary to the form of
the great Charter, the Marjhal of the Kings Houje Jhall not hold P lea of Free-
hold, Deht, Covenant, or Contrail made hetwixt the Kings People, hut only of
Trefpajfes done within the Verge, and Contrails made hy one Servant of the Imje
ivith another.
The Chancellor and JuJlices of the Kings Bench Jhall follow the King; fo that
he may at all times have near unto htm Jome that he Learned in the Laws, which
he ahte duly to order all fuch matters as Jhall come unto the Court at all times when
need Jhall require.
No Writ that toucheth the Common Law Jhall go forth under any of the
Petit Seals.
By an Aft of Parliament made in the 34*'' year of the Reign of the afore-
faid King, Nothingjhall he purveyed to the King without the Owners ajfent.
By an Aft of Parliament made in the Reign of the faid King, No Tallage or
Jhall ht taken or levyed hy the King, or his Heirs within the Realm, without
fitf^tempore. the good will and ajfent of the Arch-Bi(hops, Bijhops, Earls, Barons, Kjiights,
Burgejfes, and other Freemen of the Land.
By an Aft of Parliament made in the firft year of the Reign of King Ed-
ward the Third.
Aids granted to the King, Jhall he taxed after the old manner.
By an Aft of Parliament made in the fecond year of the Reign of the afore-
laid King, No Commandment under the Kings Seal Jhall difturb or delay JuJiice.
No Bijhops Temporalty Jhall he feized without good Cauje.
JuJlices of Affiize Jhall in their Seffiions enquire of the Demeanour of Sheriffis,
ffcheators. Bailiffs, and other Officers, and punijh the Offenders.
No Perjon Jhall he pardoned for an Vtlary after Judgment without Agreement
with the Plaintiff, or Outlawed before Judgment, until he do yield his Body to
Prifon.
By
Clla 5*
6.
54 E. I. 2,
Sutute de
£. I.
I £. 5. 6«
3 £. 3. 8«
» £• 3'
A £• 3-
12.
. B}'" an Aci of Parliament mad^in the 14^'* year of the faid Kiflg, It ivas
affented, eHahlijl^ed, and order d, that Delays and Errors in Judgments in other
Courts, jhallhe Redrejfed in Parliament hy a Prelate, ,x Earls^ andz Barons-,
ivho hy good advice of the Chancellor, Treafurer, and JuJlices of the one Bench
and the other, and of the Kings Council, as they fhall think (onvenient^ fhalt
proceed to make a good accord and Judgment. And that the Chancellor, Trea^,
fttrer. Keeper of the Privy Seal, JuJlices of the one Bench and the other ^ Chan-
cellor and Barons of the Exchequer, and JuJlices ajfigned; and all that Jhall in-
termeddle in the faid places under them, Jhall hy the advice of the faid Arch^
Bijhop, Earls, and Barons, make an Oath well and truly to ferve the King and
his People; and hy the advice of the faid Prelate, Earls and Barons, to increafe
or diminifh, when need Jhall he, the number of the faid MiniJlers, and from time
to-time when Officers jhall he newly put in, caufe them to he fworn in like
manner.
A Declaration by A£l of Parliament made in the Z5^'' year of the.faid'5 fi.3. ca.s?
King's Reign.
What Ojfences Jhall he adjudged Treafon^ and if any other Cafe fuppofed Trea- .r .r1
fen not therein JpeciJied, Jhall happen before any JuJlices, they Jhall tarry with-
out going to Judgment cf the Perjon until the Caufe he Jhewed, and declared he-
fore the King and his Parliament, whether it ought to he Judged Treafqn, or
other Felony.
By an Adf of Parliament made in the fame year, 'V''
No perfon Jhall he compelled to make any Loans to the King, or charged with
any benevolence.
None Jhall he Condemned upon SuggeHion, Imprifoned, nor put out of his
Free-hold, nor his Franchijes without Prefentment, hut hy the Law of the Land,
or hy Procejs made hy Writ Original at the Common Law, nor that none Jhall he
fent out of the Franchife or Free-hold,unlefs he he duly brought to anfwer, and fore-
judged hy Courfe of the Law, and any thing done to the contrary, Jhall he holden.
for none. , - q ■ .
• By an Aft of Parliament made in the 5*^ year of the Reign of King Ri- . « .
; 7 ..1 c J o 5 3. M, X*
chard the Second,
None Jhall enter into Lands where it is not lawful, or with force, under the pain
of Imprifonment, and Ranjom at the Kings Will, g,
A Penalty is to he inflitied upon a Clerk of the Exchequer, which maketh out Ca-ji ''
Procefs for a Debt difcharged.
By the Statutes of the Fifth and Fifteenth of King Richard the Second,
where Lands or Tene.ments are entred anddeteinedhy force, the next JuJiice of
the Peace is Impow red to view the force,and hy the Power of the Sheriff and Coun-
ty to remove it, and Imprifon the Offenders-, and hy the Statute of of PI. 6.
whether it he entred hy force, or it he continued and not entred hy force, may hy
a Jury impannel'd, and their Vcrdicl, if the Deteiner hath not been Three years
before in quiet pojjeffion, refeife the faid Lands and Tenements, and put thepar^
ty ejefled into his former poffeffion.
A man Impleaded in the Exchequer, Jhall he received hy himfelf, or any other i 2. ca. 9*
to pie ad his Difcharge.
By an Aft of Parliament made in the iz^h year of the aforefaid King, The i2K."2.ca.'!»,
Chancellor, Treafurer, Keeper of the Privy Seal, Steward of the Kings Houfe,
the Kings Chamberlain,Clerk of the Rolls,JuJlices of the one Bench and the other.
Barons of the Exchequer, and all that Jhall he called to ordain or make JuJlices
of Peace, Sheriffs, Efcheators, Cujlomers, Comptrollers, or any other Officer or
Minijler of the King, Jhall he firmly fworn that they Jhall not make JuJlices of ^
Peace, Sheriffs, Efcheators, Cujlomers, Comptroller, or any other Officer or Mi-
nijier of the King, for any gift or brocage, favour or affefiion.
D Bjr
[loj
ij K.2.ca. By an Ai3: of Parliament made in the year of the fald King's Reign,
13. & 14. thatSivear he ovseth mthing to the King^jhall he dtjcharged^noBonds
or Recognizances he taken for the Kings Dehts,
2 H. 4- 8. By an A6t ot Parliament made in the Second year of King Henry the
Fourth, An Ajfize fl^ali he waintainahle againjl the Kings Patentee of Lands
ivithout any title found for the King hy hquiftion.
4 H. 4,8. By an Ad: of Parliament made in the 4"^^ year of the Reign of the aforefaid
King, a jpecial Ajfize jhall he maintainahle againji a Dijfeijor hy force.
i3ff. 4. 7. Riots, Routs, andunlaixfid Affemhlies are forhid, by a Statute made in the
13*'' year of the aforelaid King's Reign, and the Jujiices of Peace near adjoyn-
ing Impovored to hear and determine the Offences; and if they cannot are to cer-
tiffe the King and his Cokncil thereof.
2H.5,8. By an A6t of Parliament made in the fecond year of the Reign of King
Henry the 5*^^ Commiffions are to he from time to time awarded to Inquire of the
♦fi.M.j.H . Jgfaults^f the JuJlices of Peace, JuJlices of the Afflze, Sheriffs and under"
Sheriffs, in not fufpreffing andpunijhing thefame.
IR. 3. ca. 2. By an A(t of Parliament made in the firft year of King Richard the Third/
the JuJlices of Peace may let Prifoners to mainprize, that are Arrejied or Im-
prijonedfor lightfufpition of Felony or hyMalice-,and no Sheriff or other Officer Jhall
feize the Goods of a Prijoner until he he attainted.
>3 H. 8.3. Aftlof Parliament made in the 23^'^ year of the Reign of King Henry
the Eighth, ^Jury Convified of giving a falfe Verditl, if it he for any thing dc"
^^ mandedahovs the value of Forty pounds, and concerneth not the Jeopardy of a
marfs life, Jhall forf eit Twenty pounds a piece, the one half to the King, and the
ether to the Party that willJue for the f ame, and Five pounds a piece, if the
thing demanded he under the value of Twenty pcunds, and every one of them in
the one Cafe, and the other make fine, and ranfom hy the difcretion of the Judges,
iefere whom fuch falfe Verdifl was given, never after he of any Credence, nor
their Oaths accepted in any Court.
32 H. 8, 33. By an Adt of Parliament made in the 3 2 year of the faid King, wrongful dif-
.v.w.s ? -feifin Jhall he no dijfent in Law, except the Dijfeifor Jhall have heen Jive years in
quiet PoffeJJion without entry or continual Claim of thofe who have, lawful Title
thereunto.
33 tt 8.49. Phe Barons of the Exchequer are by an Adt of Parliament made in the
o •: yeai- of the aforefaid King, Authorized hy Bills of Equity in the Exche-
quer Chamber, to acquit, difcharge, or moderate all Recognizances, Dehts, De-
•T •S'3.2i tifiues , Trefpajfes , Wajles, Deceipts , Defaults, Contempts and Forfeitures,
ftreqfons. Murders, Felonies, Rights, Titles and IntereH, as well of Inkeri-
fance as Freehold only excepted) according to Equity and good Confcience.
• By an Adt of Parliament made in the 5^*^ and year of the Reign of
King Edward the Sixth, Great Penalties were laid upon thoje that Jhould buy or
fell Offices concerning the Adminijiration of JuJlice, or any Offices belonging to
the King, all Contrahis, Bonds, Promifes, Covenants, ana Bargains to he void,
loth as to the Buyer and Seller, and the taker of any Gift or Promife to forfeit his
o vs .I - . -, nomination and Intere^ therein.
.^xti-7 r, By an Adl of Parliament made in the 31^^ year of the Reign of Queen
4'.SSI- ElizaUth,
' Three Proclamations Jhall he made in every Ahlion Perfonal where an Exigent
is awarded, and the Defendant before the allowance of any Writ of Error or Re^
verfal of the Vtlary, Jhall he hound to anjwer the Plaintiff, and JatisJie the Con-
demnation.
43 £/R. By an Adf of Parliament made in the 43'^^ year of the Reign of the afore-
faid C^en, Every Sheriff, Vnder-Sberiff, or other Perfon making any Warrant
for the Summons, Arrefl, or Attaching of any Perfon or their Goods, to appear in
\ ^ any
C"].. .
any of the (^Weflminfler, or procuring it without Origin,d Writ or Pre^^
cejs to warrant thefame^ being Convibled thereof, Jhall he Irnprifoned without
Bail or MainprizCy until they Jhall have paid the party grieved Ten pounds^ with
all his other Damages, and Twenty founds a piece for their Offence to the Queen,
and {for the avoiding of Vexatious Anions') where any recovery is had for.Debt
or Damages for lefs than Forty fhillings, or not above, no more Cofls Jhall he
awardea hy the Judge, than the Debt or Damages recovered.
And by the Law Writs of Habeas Corpus una Cum die (s Caufa Captionis,.
are granted by the Courts of KingVBench or Common-Pleas; when any
are Imprifoned by the King, or any other without Caufe Ihewed to be Bailed
if the Caufe fliall not appear to be J uft and Legal.
And if any Man Imprifon any of the King's Subjedts without juft Caufe^
or enter upon, or take away any of their Eitatcs againft the Tenor of our
Magna Chart a, and Chart a Forejla, and many of our other ercellent Laws and
reafonabic Cuftoms, he may, although it be by the King's Command, if not
legal be puniflied for the fame.
And our Magna Chart a and Liberties are fo Bulwarked and Fortified,as every
man may have reafon enough to be affured. That the People of England
and Wales cannot upon any Emergencies and Violations ofLaws, want relief
or Redrels. '
When the Juftices in Eyre Inftituted by King Henry the Second to ride
their Circuits until they were by King Edward the Third changed into thofe
of Affizes, who in their Vernal and Autumnal Circuits, carrying the King's
Juftice, and Care of it, into every Shire and County of England and
Wales, to prevent as much as might be their Travels and Expences, to
feek it farther from home, did amonglt many other Articles and
Matters concerning the King and his People , give in Charge to the prand
Juries of the feveral Cities and Counties of their Circuits, which were Men
of good Eftates, Knowledge, Experience and Concerns Sworn to prefcnt
what they Ihould be charged to Inquire of; and diredt them to Inquire and
prefent falfe Weights andMeafures, Lands feizcdinto the King's hands which
ought not to be leized, or being ordered to be reftored were not, of thofe
that were amerced without reatbnable Caufe, and not according to: the Of-
fence, or by their Peers, without a faying to their Contenement; a Mer-
chant without a laving to him his Merchandize, and a Villain withoutj^feving
his Waynage, and not by the Oaths of good and lawful Men of the Neiglibor-
hood; if any Earls and Barons were amerced but by their Peers, and alter the
manner of their Offences; and if any Man of the Church be amerced, other-
wife than according to his Lay-Tenement, and after the quantity of his Oft
fence, and by the Statute of Marleborough, made in the One and fiftieth year stat. of Marii-
of King Henry the Third, of all other the breaches of the Laws and Liberties
granted by Magna Chart a, and the Charter of the Forreft, and other ^.^a. ^.blc
Articles and Matters to be Inquired of, given unto them in Writing, and appeareth in
upon their Oaths to anfwer diftinftly what they did know Affirmatively or have^^en^on-
Negatively* • lymadein^a-
when the Judges of the Court ofKing's Bench, who do yet retain
power of Juftices in Eyre, do in every Eajler and Michaelmas Taxm, by a Preamble pub-
Seleft Grand Jury of the County of Middlefex, caufe an enquiry to beby Mr.
made (although it were to be wiflied it might be after the antient manner by
Articles delivered unto them in Writing , to be diftindly anfwcred unto) Btaei. ii'b.9.de
Offences committed againft the King, and his Crown and Dignity , of i!
Confederacies, Champerties, Maintenance, Trefpaftes, Extortions and Grie-ca. 19. & 20/
vances done to the King's Subjefts, by any Arch-Bifhops, Bilhops, Dukes,
Earls,
Earls Barons, Servants, Officers, Coroners, and Miniftersof the King , or
by any other whatlbever, of breach of the Peace, denying of Bail o4 thofc who
ought to be Bailed, and of all manner of Oppreffions and Grievances of the
Peoplfi.
When the numerous Juftices of Peace in every County, being as too ma-
ny of them BaronetSi, Serjeants, and Men of Law , Knights, Elquires, and
Gentlemen of good C^ality, Families, Eftates and Education, are Sworn and
imployednot only to be Guardians and Confervators of the Peace of the King
and his Pfeople, to fupprefs Felonies, Riots, and the lower and moR Common
fort of Exorbitaneies and Mifdemeanors, but to take Care of the Execution
of many Laws and Statutes committed to their TruR, and with the Method
and Order appointed by our Laws and Ancient and reafonable Cuftoms o f
prefenting an Inquiry of Grievances by our many Court-Leets, Sheriffs,
Tournes, and County Courts, Subordinate one under the other to the Supe-
fiour Courts of Weftminfler, and they unto their Supream Authority, the
King. It will be the Peoples own fault, and negleif of their own Concern-
ments; if any Grievances or Oppreffion pafs undifcernable, uncomplained of,
or unpunilhed, or if any Arbitrary Power or Extravagances do invade or
break in upon the Nation, who by the fence and care of our Lawsy and many
times Confirmed Liberties, which for m.ore than 500 years lail paft, have
been building, repairing, and polifliing to a perfeftion more than the Hebrew^
Creek, or Roman Laws did ever attain unto (the Laws which God himfelf
made for that peculiar people only excepted.)
And may, if by our Sins and Provocations of God Almighty , the Infpe-
. £tor of our unparalieFd Mifdeeds, and Puniflierof them, when his wrath fhall
be kindled, and have no longer patience, the Walls of our Flappinefs fliall not
bedemolifhed, our Liberties put to the Sword, and our Laws led into Cap-
tivity, be as fafe as Flumane Prudence, and Laws can poffibly make them.
More efpecially when our Courts of Juflice at Weflminjler-Hall, are go-
vernedby Judges and Men of great Wifdom and Integrity, Sworn to obferve
the Laws, and Judge according to their Diredion; and our Lawyers at the
Bars freely permitted with fitting reference rightly to inform and plead
their Clients Cafes.
And the King's high Court of Chancery, the Oficinajujlitia, under the
Tejie me ipfo, of the Watchman under God of our Ifrael, Superintending over
them giveth Writs remedial to all that ask for them with helps for extraor-
dinary Emergencies, or to allay the Severity of Laws, and makes it its bufi-
nefs to punifh and forbid Frauds and Oppreffions. The Mailers of Chancery
Annually Ilipended by the King formare Previa originalia remedialia, and to
be Affiftants fubordinately to that Fligh and Honourable Court in matters of
Accompt and References. .
13 0.1*01.14. The Rule of Chancery being ever finccthe Statute of thefecond
made in the 13'*^ year of the Rcign of King Edward the Firft , quod nullus re-
cedat d Cancellaria fine remedio ^ Concordent Clerici , and the Officers and
Clerks of the Chancery thereunto appointed, are from time to time to do
their utmoft endeavours to provide Remedies for all that Complain, Nejufli-
, tia deficeret Conquerentihus. And as to lefler Matters of Complaints, and
. . often Emergencies, Penfioneth by good yearly Salaries, 4 Learned and vene-
• rable Men of worth, called Mailers of Requefls, crc Supplicationum^ lihello-
rum who by turns and courfes each Mailer, being deputed to his Month,
have their audience Twice or oftenerin that Time of the King, to give An-
" fwers to their Petitions.
And the King in matters wherein arty of his Rights, and what appertain-
«th unto him are concerned, gives his People leave by Petition, or monflrans
du
1x3]
du droit Traverfes oujfre ks mames, &c. to obtain what they can prove to be
due unto them, and where any of liis Letters Patents are grievous and againft
the Law, fuffers them to be repealed by Writs of Scire facias brought againft
the Patentees.
And if any of the People Ihould be fo unhappy in the Intrigues or DifE-
culties of their Cafes, as tiiey cannot be relieved by any of thofe provided
Remedies from any fuppofed Arbitrary Power of their Prince, or any Illegal
oppreffing Adiions of one Subje£t againft another, they have the Liberty of
Appeals irom the Inferior Courts ot Juftice, to the Superior, and in Matters
concerning breach of the Peace, and of Mifdemeanors within the Cognifance
of the Jultices of Peace, may appeal from them to the Juftices of Aflize, and
from them to the King and his Chancellor, or Lord Keeper , of the Great Seal
of England-, and if not by any of thofe ways to. be relieved, are in Cafes
(not concerning Free-hold} not debarred their Appeals to the King, and his
Privy Council, where they are, the King himfelf being very often prefent,
judicioufly and deliberately heard upon all the Pleas and Arguments
which the Councel Learned in the Law on both fides, can make one a-
gainft the other.
And Remedies alfo againft all the Aflaults of Grievances,are not difficult to
be come at in the Ecclefiaftical Courts, and Courts of Admiralty, where wheii
the Subjefts Complaints cannot be remedied, they do eafily obtain the King's
Gommiffion of Delegates to other Judges, and if that do not anfwer their
Expedationsjmay have a Commiffion of Adjuncts to other Judges to be added
unto them.
And in thefe or other Courts where the Potency of the one part, and the
Poverty of the other, hath difabled the weaker, from attending the formalities .
of Juftice, or croud of many other Caufes, he may havea Commiffion oh lites
dirimendas, granted by the King out of his High Court of Chancery, to fome
good and wile men to endeavor as much as they can a more fpeedy Remedy.
The Dertnier Refert laft Appeal ^ ultimum refugium of the People in thei^
Peeking for Juftice, being fo necellarily Inherent in the Crown, as none but
they that wear it, can juftly claim any Right unto it, but have always been
enjoyed not only by our Britijh,' Saxon, zndDaniJh Kings before the
Conqueft, but all our Kings which Succeeded them.
And if there they find no help, arc like enough, if there be caufe of Juftice
in their Complaints not to fail of Relief by Petition to the King, when he is
affifted with the advice of his Lords and Commons in Parliament.
All which, with many other Laws and reafonable Cuftoms, Priviledges and
Liberties, like fo many Cittadcls, Block-houfes, Out-works, and Strong Ca-
files and Forts, which divers of our ancient and reafonable Cuftoms,and Afts of
Parliament have in the making of other Laws from time to time been careful
upon all occafions fo ereft and build, to help to guard and proteft their Liber*
ties. Rights and Priviledges, together with the very great care which the
Judges reftraining all of Ads of Parliament, and Regal Difpenfa-
tions unto what the Law allows, or to the King's particular Concernments,
dotakein all their Judgments and Decifions , Expofitions, Applications and
Interpretations of Laws to affift and fupport thejuft Rights and Proprieties of
the Subjeds in their Lands and Eftates, and not in the leaft to prejudice them
in their Common Afilirances by Fines and Common Recoveries.
The Severity ufed by divers of our Kings in the Puniilimcnt of Briberies,
Extortions or Byafied and Illegal flattering Opinions of Judges.
The Oaths of the Lords and others of the King's Privy Council, who are
ufually the Greateft, Noble, and raoft concerned Men of Eftate and Intereft cf
the Nation.
E Oath
Ch3
Oath of the Lord Chancellor or Lord Keeper of the Great Seal of England^
well and truly to ferve the King and his People, and to do right to all manner
of People according to the Law and Ufages of the Realm.
Oaths of the Oaths of the Judges to do equal Law and execution of Right to all the
Judges,i8 £.3. iGng's Subjedts, rich and poor, without having regard to any Perfon, to deny
jlo man Common Right by the King's Letters, nor none other Mans, nor for
none other Caufe.
Oaths of the King's Serjeants at Law, well and truly to ferve him and his
People, and as duly and haftily fpeed fuch Matters as any Man lliall have a-
gainR the King in the Law, as they may lawfully do without delay, or tar-
rying the Party for his lawful Procefs.
The Oaths of other Serjeants at Law, well and truly to ferve the King and
his People, and truly Counfel them.
Oaths of the Jullices of Peace to do equal right to the Poor, as to th^
Rich ; after the Laws and Cuftoms of the Realm and Statutes thereof made.
Qaths of the Sheriffs to do right to Poor as well as Rich, in all that be-
longeth to their Office , to difturb no Man's Right; nor to do wrong to
any Man.
And the Oaths of the Efcheators, Clerks of the Chancery, and Coroners,
with the Oaths of the Officers of Courts, Under-Sheriffs and Bailiffs, well and
to execute Juftice.
All which itveral Degrees ofMen in the Nation would be as unwilling
as any others to have the Lives, Liberties, and Effates of themfelves and their
Pofterities or deareft Relations, lacrificed to a lawlefs and unlimitted Power
of their Kings and Princes.
And the Oaths of our Kings at their feveral Coronations to conferve the
Liberties of the People, and obferve all the good Laws made by their Royal
Progenitors and Predeceflbrs, with the Impolfibility that ever the Lords and
Conlmons in Parliament Affembled, will confent to the abrogating of any
of the aforefaid Laws and reafonable Cuftoms, be felones de fe, or deliver up
themfelves and their Pofterities to the abfolute Will andPleafure of their Sue-
cecding Kings and Princes may abundantly evidence how fafely and lecurely
the Property and Liberties of the People , until Rebellion, foolillily fancied
Fears and Jealoufies with their Difcords, diftruft and plundering of oneano-
ther, Ihall put them under fuch another yoke as Oliver Cromwell had cheated
them into, may reft, and are like inviolably to continue for ever, protefted
againft any the Incroachments of Arbitrary Power, whilft they live under
their King s ancient Government.
Of which His late Majefty was fo careful and fo willing to diffodge all
manner of Jealoufies out of the Minds of his Subjects, as he did in tlie Third
year of his Reign, give his Royal Affent, as they call'd it, yxntothivc Petition
ef Right, and made it an Aft of Parliament, wherein he not only Confirmed
their Magna Charta, and Charta Foreftre; but the Act of Parliament affented
unto by King Edward the Firft De Fallagio non Concedendo: The Aft of Par-
liament made in the Firft year of the Reign of King Edward the Third, cap. 6.
The Aft of Parliament made in the year of the Reign of the aforefaid
King,That no Maniliould be compelled to make any Loans to the Kingagainft
his will. The Statutes of the 18 £. 3. 3. E.-^.ca.iS. ^SE.^.ca.^.
4"^ P- 3' ca.-^. II R. 2. ca. 9. ly R. 2. ca. 6, and 1 R. 3- ca.2. Charged all his
■3 carjvrm. Officers and Minifters to ferve him according to the Laws and Statutes of the
Realm, as they tendered the Honour of his Majefty, and the Profperity of the
Kingdom. Baniihed as he hoped for ever all their Fears of the Infringing of
'their Liberties, and given caufe of Content to them and that Parliament, to
fuch a fatiety, fuch a fulnefs, and w plus ultra, as unlefs they would "have
been
, C'5l , _
htQwConfortes In/pern'-, and require to have a fliare in his Regality and Go-
vernmcnt; there was no more to beaskedor requefted ofhim, or granted
by him»
Imprifoned lliortly after in the Tower of London'^ John Earl of Clarii, and
the greatly Learned Selden^ lor but having Copies in their Cuftody of fomc
Florentine and Foreign Laws and Cuftoms propofed by S'vc Robert Dudley; a
Titular Duke of Tujcany^ to be imitated by him here in England, a means
to raife Money by Impofitions laid upon the People, and caufed his Attorney
General to exhibit a Bill againit them in the Star-Chamber for Difquieting hiS
Subjedts with Fears and Jealoufies.
And was fo ready from time to time to Condefcend to their Infirmities,
and give Satisfadion to them in all their Concerns and Scruples, a? he fuffered
thole two great Cafes of the Habeas Corpus, and the Ship Money wherein his
neceflary Prerogativei for the good ofhimfelf and his People, was not a lit-
tie concerned, to be publickly and folemnly argued in the Couilb and Md-
thod of the Laws in foro Contraditlorio before the Judges, and Ihewed no dif-^
pleafure afterwards, but much kindnefs unto Juftice Hutton^ and Jultice Croke,
who in the Cafe of the Ship Money had in their Arguments and Opinions deli-
vered thereupon againft him in the Exchequer Chamber, diflented from all the
reft and greater number of the Judges.
' And His now Royal Majefty treading the good old Paths of C^een Eliza>'
beth, his GrandfatJier King James, and his Royal Father, doth in all Matters
of difficulty in the abfence of Parliaments, where the Laws and Juftice of the
Nation are likely to be more than ordinarily concerned, confult and advife
with the Judges, hath not long ago Superfededone of them for fome harfli
iifagc, and diicontent given to the Countrey in his Circuits , and takes all
the care he can to choofe and make Judges, and his Learned Council at the
Law out of the moft able, honeft, experienced, and eminent praftifers of
it, and hath but lately in feveral of his Speeches in Parliament declared and
promifed, that he would give his confent unto any good Laws which fliould
be by them defired for the further fecuring of their Religion, J^iberties, and
Properties, and not long ago anfwered private and particular Perfons of ordi-
nary Quality, Petitioning him for Right to be done unto them in Matters of
Law, and fome of his own Concernments, God forbid, but bis People
fhould have Liberty to demand right of him, as well as againji any of their
felloiv Subjebls, « •
They therefore who do over bufie themfelves in the carrying nbout the
Buz of falfe and incertain rumours, and the dreadful Irhaginations of an Ar**
bitrary and Lawlefs Power, which may be hoped will never happen, nor be
able if any lliould dcfire it to Attack and Demolifli thofe Impregnable For-
rreffies, which our Laws right reafon long continued good and reafonable
Cuftoms of England, have built and provided againft it.
And do make fuch lamentable Outcries and Exclamations againft Arbitrary
Power before it happens , or they can perceive any likelihood of it, and in
their Ill-tutor'd Logick would perfuade themfelves and others it is fo; becaufe
they are pleafed to tancy it is poflible it may be fo, and cannot be quiet, but
do think themfelves ill ufed, if they may not be permitted like the Andabatts,
to fight witli their own lhadows, and be not a little commended, magnified,
and accompted good Patriots for it.
Blench at every thing, turn their Follies into all kinds of Fears and'Jealou-
fies, and fo ftrongly fancy them as if they were adually upon them, and will
not be perfuaded but the King will deliver us up to Popery and Arbitrary
Power, and to that enH the King c/France hath viewed and founded our Ports
and Havens, and with great Armies is ready to invade, dejiroy, or make Slaves
of
of us and our Generations. But may do better t6 give feme refpite to thofe
their needlefs Affrights, and paufing a while fit down and confider.
What greater affurance his now Majefly, could give to his Subjeds, or
they defire , than what he declar'd in his Speech to the Houfe of Coinmons in
March, 1661 ? Gentlemen, I hear and am very folicitous, I thank you for it,
fince 1 prefume it proceeds from a good Root of Piety and Devotion ; But I
mud tell you., I have the voorH luck in the world, if after all the reproaches of
leing a Pap ill when I was Abroad, I am JufpeBed of being a Presbyterian now £
Am come Home •, I know you will not take it unkindly, if I tell you that I am as
2.ealoiu'for the Church of England , as any of you can he, and am as much in
love with the Book of Common-Prayer as you can wijh, and Pave prejudice enough
'to thofe that do not love it; And do as much defire to fee an Vniformity fetled as
any amongU you ; / pray you truft me in that Affair.
In the year 1664. tells them, I do ajjure you upon my word, and I pray you
helieve metf That I have no other Thoughts or Defign in my heart, but to make
you all Happy in the Support of the Religion and Laivs ejiabli(hed.
In the fame year, when they brought him a Bill for the Repeal of the Ad
of Parliament to exclude the Bifhops out of the Houfe of Peers; Hefaid, I
thank you with all my heart, indeed as much as I can do for any thing, for the
Repeal of that All: It was an unhappy All in an unhappy lime, paffed with many
unhappy Circumfiances, and attended with miferable Events; and therefore I do
again thank you for Repealing of it, you have thereby refiored Parliaments to
their Primitive Inftitutions.
In his Speech unto both Houfes in 1672. faid. That he would conclude
with this affurance, that I will preferve the true Protefiant Religion, and the
Church as it is now efiablijh'd in this Kingdom , and in the whole courfe of the
Diffenters, I do not intend that it Jhall any ways prejudice the Church ; but I will
fupport its Rights and its full Power,
In January 1673. If there be any thingelfe which you think wanting to
fecure Religion, there is nothing which you Jhallreafonably propofe, but I jhall he
ready to receive it.
in April 1675', faid, The Principal end of his calling the Parliament now, is
to know what you think may be yet wanting to the fecurity of Religion, and to
give my Self the fatisfallion of having done the utmofl of my Endeavours.
In February 1679. faid to both Houfes of his Parliament, I declare my Self
very plainly unto you, that I am prepaid to give you all the Satisfallion and Se-
curity in the great Concern of the Protefiant Religion, as it is eJiabliJPd in the
Church of England, that jhall reaConably be ask'd, or can confiH with ChriHian
Prudence.
6 March 1678. I do give you this ajjurance, that I will with my Life defend
loth the Protefiant Religion, and the Laws of this Kingdom.
\n January 1673. there he any thingyou think wanting to fecure Property,
there is-nothing which you Jhall reajonably propofe, but 1 Jhall be ready to re-
ceiveit.
Febr. ij. 1676. faid to His Two Houfes of Parliament, I do declare my
Self freely, that I am ready to gratifieyou in a further Security of your Liberty
and Property (if you can think you W'ant it) by as many good Laws as you jhall
propofe, and as can confifi with the Safety of the Government, without which,
there will neither be Liberty nor Property left unto any Man. And let all men
Judge who is mofi for Arbitrary Governmient, they that foment fuch Differences
as tend to Diffolve all Parliaments ; or I, that would preferve this and all Par-
liaments from being made ufelejs by fuch Diffolutions.
And remember that there was a Time not long ago , w^hcn the Phanatick
Party J who at lhis Time are too great a part of England, and fome of the
Presby-
Preshyterians were not in the heretofore juftly ftiled the Long and Rebel-
liouspart of a Parliament fo much afraid of Arbitrary Government as now
they do feem to be. , .
When in that Long and Unhappy mifnamed Parliament they procured to be
Voted down as many as they could of their Snveraign's Rights, Methods, and
means of Government in an Ancient and well Eftablilhed overturned
Peerage^ Epifco^acy, Tenures, and many other of our Fundamental Laws, war-
ranted by the Laws of God and this Nation, and as if they feared that Re-
bellion, railing of Atmies, and Chacing and Fighting againft their Pious and
Religious King, who never gave them any CauTe for it (if any Caufe at all can
ever be alFigned, or able to juftifie Rebellion) lliould not be Sin enough, made
all the haft they could to add Sacriledge unto it, and placed in themfelves an
Arbitrary and boundlels Authority over him, unto whom they had Sworn
an Allegiance due to Superiority, trampled upon all their fellow Subjects,
Plundered, Sequeftrcd, and did all they could to Perjure the LoyM part of
them, deliroyed the Privileges of Parliament, fuffered fome of their own
Members to be pulled out of the Houfe of Commons, and Imprifoned by Sol-
diersand Red-Coats (one whereof was by his own Confeftionan Irijh Poptjh^
Prieft) and by the Aftiftatice of their over-pow'ring Army, voted down, liip-
preftcd, andlhutup the Houfe of Peers, as ufeleis and dangerous , inforced
themfelves into a Republick and the Nation, who by the Laws of God and the
King, and their Oaths of Allegiance and Supremacy, were bound as well as
themfelves to the contrary,to Ingage never more to admit of a King and Houfe
of Lords, and in fome of their Anfwers to their Brethren of ScotlanJ, who
urged and taxed them with foine of their Promifes concerning His late Ma-
jelly, faid that they hoped they would not make their Prowijes to be Ohlh
gat J ens. And in their Declaration Printed and Publilhed to give Satisfadlion
to all the World , that would believe them of the Reafons of their Adions;
and turning themfelves into a Common-wealth, endeavoured to aflert that in ,
all Promijes aTacite Condition and Provifo was ever to be uhderftoodas an-
nexed unto them. So always that they did not prejudice or inconvenience the Par-
ty promifing. ,
And fo;-getting that they had profccuted the late Earl of Strafford, and
caufed him to be put to Death, upon a pretence of his Subverfion of Laws,
which he nevef did, but they themfelves really and frequently did, Murdered
their King, Banillied His now Majcfty the Prince , and the reft of his Chil-
dren, and ufed their utmoft endeavors to Extirpate all the Royal Progeny,'
fcorned and abufed the Laws, tumbled, tofled and ploughed up the Liberties,
Proprieties and Eftatcs of tlie Loyal Party , and made fome Ignotos and invi-
fible (they themfelves never knew) and who were lefs to be underftood than
Ydvc%Oheron and his Fairy Queen, to be ftiled the Keepers of the Liberties of
England, voted the Courts ot Kings-Bench, Common-Pleas, Ex-
chequer to be diflblvcd , and ordered the Records thereof to be deftroyed
and thrown into the River of Thames, and were not all that whilq in dread
olzny Arbitrary Power, Standing Army, when to the great Charge of
the People they could not think themfelves fafe Without it. But tamely
fuffered Oliver Cromwel, their Man of Sin and greateft of Hypocrites to put>
a trick upon them, and teach them the Truth and Doftrine of Divine Re-
talliation by diffblving the Ileliquesof the over-long Parliament, pulling out
the remaining Members with Soldiers and Mufquettiers, andlhutting up the
Doors of that Efoufe of Commons, and could for the Prefervation of their ill-
gotten Eftates , like Ifachar, bow down unto the burden , and be well con-
tent to believe it to be no violation of the Privileges of Parliament, no Arbi-
trary Power or Introduftion to it, nor any Deftrudion of the Liberties of
F the
the People, and fufferhim upon the i6* of Decemler 16^3. in the prelenco
of the Commanders and Oihcers of his Army, attended by the mifcalied
Lords CommilTioners of the pretended great Seal of, England, Lord Mayor
and Aldermen ot the City of London, divers of the overawed Judges of the
Land, and many other Perfons, faidto be of Qimlity, to declare himfelf by
an Inftrument in Writing of his own framing , Proteffor of the Common-
wealth of England, Scotland, and Ireland; Dilannul and Abrogate thcantient
form of Parliaments, conftitute a New, and Ordain that the Perfons Elected
to be Members for ever afterwards fliould be approved by the major part of
his Council, and the fucceeding Prote^ors; who were mod of them Major
Generals and Commanders in his Standing Army of Oppreflbrs: That an
yearly Revenue iliould beraifed, fettled, and eftabliflied tor the maintaining
oiTen Thoufand Horfeand Dragoons, and Twenty ThoufandYoot 'in England,
Scotland, and Ireland, for the Defence and Security thereof; and a Conveni-
ent Number of Ships for guarding of the Seas; befides Two hundred thoufand
Pounds per Annum, for defraying the other necetlary Charges and Expences
of the Government.
Which Revenues were to be raifed by the Cuftoms, and fuch other ways
and means as (hould be agreed upon by him and his Council.
That the Lands, Tenements, Rents, Royalties, Jurifdiftions, and Hcredi-
taments, which remained unfold and undifpofed by Ads or Ordinances of
Parliament belonging to the Common-Wealth (except the Forefts and Chafes,
and the Honors and Mannors appertaining thereunto) the Lands of the Rebels
oUvtr crtm- in Ireland, and the four Counties of Dublin, Cork, Kildare, and Cater laugh;
mCTto" Go". Lands forfeited by the People of Scotland in the late Wars, and the
vernmcnt. Lands of Papifts and Delinquents in England, who had not then Compound-
ed, Ihould together with the Debts, Fines, Iflues, Amerciaments, Penalties,
and Profits certain and cafual, due to the Keepers of the Liberties of Eng-
landhy Authority of Parliament, be vefted in the Lord Protedor and his Sue-
ceflbrs Lord Protedors of the aforefaid Nations, not to be aliened but by
confent of Parliament; which made him no lefs an yearly Revenue, as fome
of his own Party did calculate it then Eighteen hundred Thoufand Pounds fler-
ling^ per Annum.
That for the preventing of Diforders and Dangers which might fall out both
at Sea and Land, he Ihould have Power until the meeting of the firfl Par-
Kament (which was to be once in every Three years) to raife Money for
the purpofes aforefaid.
And to make Laws and Ordinances for the Peace and welfare of thefe Na-
tions, which fliould be binding and in force until order Ihould be taken in Par-
liament concerning the fame.
That the exercife of the Chief Magiftrate, and the Adminiflration of the
Government over the faid Countries and Dominions fliould be in the Lord
Protedor, affifted with a Council not exceeding Twenty one, or lels than
Thirteen.
That he fliould in the Intervals of Parliament, difpofe and order the Militia
and Forces oftlie Three Nations for the Peace and good thereof, with the
advibe and confent of the major part of his Council.
That the Number of6oEleded and chofen or approved as aforefaid (being
cafie enough to be tempted by Preferment, or over-awed by a Handing Ar-
my)' fliould be deemed a Parliament for the Three Kingdoms of England,
Scotland, and Ireland; That he and every fucceflive Lord Protelhr, fliould
take an Oath that he would not Violate or Infringe the matters and things
contained in that Inflrument of Government.
And
ti9]
And when afterwards to prevent the Juries Scruples of Confcience and un?-
willingnefs to give their Verdifts againft the Law, and the King's Loyal Party,
as he would have theni,erc(3:ed in Wejlminfter-Hall his High Court of Juflice,
or Shambles,IS fome of the People not unfitly termed it,adorned with Red and
Blood-demonftrating Colours, to Try and Condemn fuch Innocent Perfons as
he Ihould call Offenders ; not according to the Law, but the unbounded rules
of his vulgar Reafon of State, guided by a Handing Army of 3 0000 Horfe and
Foot,baffled and difgraced the Laws and reafonable Cuftoms England,maim-
ed and cut off as much as he could of it, as Adonizedek did the Thumbs and
Toes of his Captive Kings; altered and deftroyed all he could the form and ra-
tionality of the Proceedings thereof, and caufed the Writs and Pleadings, form
and frame thereof to be tranllated,and only ufed in th&EngUJh Language, on
purpofe and with a defign to Abrogate them , and make way for a new Fa-
brick and Engine of Laws, for the eftablillfing of his intended abfolute manner
of Arbitrary Government; encouraged and Penfioned Mr. White a profeft Pa-
pift, and Mr. Hohbs, Men of great Learning, which might have been better
Imployed, to Write and Publilh Books to vindicate and juftifie the neceffity
of an Abfolute Power in Supreme Magiftracy; and others to Write and Pub-
lifli their unfound Opinions, that Copyhold Eftates were a Badge of the AV-
man Slaveries ; that the eldeft Sons or only Daughters in every Family had
no right to any more than a double Portion of their Father's real Eftate; that
Univerfity-Learning was needlefs, with a purpofe to Confifcate their Reve-
nues; and Pay ment of Tythes unlawful; permitted Servants to betray and
fequefler their Mafters, Tenants their Landlords, Wives their Husbands, and
Children their Parents; only becaufe they were unwilling to be Perjured id
their new Oaths and Ingagements, or wretchedly willing to forfake their
Loyalty and the Laws of God and the Kingdom; fuRered his illiterate Com-
manders to threaten to pull the Gowns from off the Lawyers Backs, and
Publickly to declare, That it would never be well until their Gowns were
like the Colours taken from their Subdued Scots Brethren hung up in WeH-
minfler-Ha/l; made his Major Generals Governors in feveral Provinces, who
abufing and domineering over the Laws, Imprifoned men without Cauie, and
fuffcred the Nobility of England to Rand bare and uncovered before them,'
and to beArrefted and Drag'd in the Streets by Bailiffs and Catchpoles for
Debt, when they had nothing left to pay them; Prohibited, ejefted Ortho-
dox Miniflers to bring Adions at Law for recovery of their Rights; and all
others to demand or feek to recover at Law their Debts or other Rights, by
any Adions or Suits in Law or Equity, unlefs they took the aforelaid Engage-
ment againft the King and Houle of Lords; tired and almoft ftarved with
tricks and delays, tlie poor deprived Minifters Wives and Children of their
fifth part of the Profits of their Husbands and Fathers Benefices, which they
feemed to allow unto them; gave a confiderable yearly Salary duly paid to
Lilly the fooling and cozening Aft rologer, to foretelin his State as well as
weather Almanacks, good or bad Events, to Lacquy after his accurfed De-
figns, and pofttively aflert by his pretended intimacy with the Stars, that in
fuch a year before His Majeftie's happy Reftauration , Prince Rupert, who
God be thanked is yet living, was certainly to be Hanged.
Conftituted aHoofe compofed of his Army Commanders, andfoffle other
of his Nymrods and Deputy-oppreflbrs, many whereof had been formerly
well inftru£ted in the Arts of Coblers, Draymen, and Bodies-making, &c. and in-
ftead of an Houfe of Peers, called it the Other Houfe. And when Mr. Coney
a London Merchant,being Imprifoned againft the Law without a Caufe fliewn^
had brought his Habeas Corpus to be Bailed, fent Mn Maynard, Mr. Twifden,
and Mr. Wadham Wyndham his Lawyers, Prifoners to the Tower of London;
for
[20]
for Pleading for Iilm, and the Liberties of the People; and called our Magtta
Chart a. Magna fart a ; Prohibited all Lawyers to Plead for any of the Sequel
ftred Orthodox Miniftry, that would not crouch under, and kifs the Rod of
their Perfecution.
Many not\\'ithllanc]ing of thbfe better now than they were before
Informed Members of that over-long and unhappy Parliament, and con-
tinued to be Members, of Parliament through all the Changes; from
thence to Oliver, and from Oliver to his Son Dick, feemed not then to be
out of love with thofe new Authorities or overturning Rotas of Govern-
ment. Laws, and Liberties.
And too many of the gaining and Vhanatick Party, wlio might have fore-
feen the difmal Apprehenfions of an approaching Arbitrary Powerj had in
the days of Oliver and his Son Mr. Rk barel fo little a dread, or were not fo
much afraid of it ['when they had realon to have been a great deal more) as
they being no fmall Gainers by it rcjoyced in it, thought themfelves happily:
placed in thebleded Land of Canaan, and Conduced into it by . the hand of
Heaven, and Singing a Magnificat to Oliver , and a Requiem to themfelves,
and their chofen Pofterity, could be at no reft until they had obtained Declara-
tions out of many Counties and Cities, fubfcribed by the moft confiderable
Men of their Rebellious and Sacrilegious Party, and caufed them to be
Printed and delivered unto his Counterfeit Highnefs, with Solemn Addreftes
upon their Knees, and other aftions of Veneration, by fome of their moft
adfive Accomplices; wherein they ftiled Oliver^ Mofes and JoJhua; made up
his Praifes with almoft Blafphemy, and prayed for the continuance of his Care
for their Proteftion, and as they called it the Publick Good; and were after
his Death as bufie with the like Adoration ; feveral folemn Declarations, Ad-
dreftes and Thankfgivings to his Son Richard's ridiculous parcel of Highnefs.
Wherefore they who were then lb willing to bow their Necks under the
hard galling Iron yoke, which a Long Parliament by Colour of a falfe Au-
thority, ahiftance of a ftanding Army, and a Rebel Brewer had put upon
them.
And to take Arms againft their own Happinefs, and betray their own
good Laws, Liberties, Privileges and Cuftoms to Ufurpers, which were
to unparallefd, as the Devil with a pair of Spectacles cannot upon the
moft malicious and exaCteft fearch, find any Nation under Heaven Ibliappy
and blefled as England hath been, in the fecurity of their Liberties, Proper-
ties and Privileges, fince the beginning of the Reign of King Henry xhsY'vt^t,
thorough the Reigns of all our Succeeding Kings; who upon the leaft appea-
ranee or complaints of Grievancesj either as to particulars or generals, raro
contingentihm ; or but feared or likely to happen , never denied good Laws
and Remedies to their People, as all our Law-Books, Year-Books, Reports
of Cafes, Adjudged Parliament Rolls, and Books of Statutes will abundantly
teftifie; may with iliame and horror of fo foul and grand ingratitude re-,
call to their remembrance, that they that were the Difciples of the late
Wars and Ufurpations, and gainers by the Ruin and Mifery of this, and
two other Kingdoms, by their Arts and Power of cheating and haring
their fellow SubjeCts out ot their Loyalty, Religion, Eftates, Laws, and
Liberties.
Could be well contented to receive of His Majefty after his Return
from his Diftreftes, not only a Pardon (unto all, but a few excepted) of
their great and many Offences and Mifdecds, alter that he had by fe-
veral ACts of Parliament Unfornicated or Unadulterated the Wives and
Husbands, and Legitimated the Children of thofe that were mif-marri-
cd, and taken away the Errors of their Illegal Proceedings and judg-
ments.
ments, ami Recoveries had at Law, in the time of theirriiany years abomina-^
ble Rebellion; but the greateft acquital of Money, Arrears , and Forfeitures
due unto him, amounting unto many Millions Sterling, that ever any Pco-
pie of England had and received of any of their Kings and Princes at once,-
with an Addition afterwards of another Pardon or Abolition of a lefler fize,
for ORences and Forfeitures fince committed, and did not only reflore unto'
all the Cities, Boroughs, and Corporations of England and Wales j their for-J
foitcd Charters, Privileges, and Liberties; but enlarged and gave unto many
of them, more than they had before.
And was fo unwilling to Punilli thofe that had done hirn and his Royal Fa-^
ther,Mother,Brothers; & Sifters,thofe almoft impoffible to be forgotten or for-
given moR execrable Villaiiies,as he riot only Pardoned,but gave them profita-^
ble Employments;who to their lhame cozened him all they could and moulded
themfelves into a Faftion of Repeating as many Impieties as they had been
guilty of before, and was fo over Clement and forgiving, as he imployed, and
did not Puniih one that was proved to have faid after His Majeltie's efoape
from the Battel of Worcefter^ That if he had been taken, he ought to have
been ftripped ftark Naked, led through the Streets with a Bridle thruft
t,]^rough an hole bored in his Nofe, Whipped at a Carts tail, and afterwards
Hanged.
Are not to be Very angry; or take it ill if they be charged with Partiality
or Injuftice; or as great a Reproach as our Blefled Saviour bellowed uport
the over-quick-fighted fault-finding who could efpy a mote (as he
thought in another's eye, but not fee a beam in his own) but rather retire into
themlelves; and upon a more ilrid Examination of their pail evil Adions,
abhor themfelves in dull and alhes, cover their heads with lhame, weep, re-
pent, and refolve to \\ alk retrograde, and perfill no more in the gain-faying
of Corah, Dathan, and Ahiram; wherein they perilhed.
When they who would make every body as much afraid as they thetilfelves,
do feem to tear an Inclination in His Majelly to In Arbitrary Power, which
he never did, or is willing to exercife, can almoll every day joyn with others
in Complaints of the no lew of the Subordinate Magillrates, ufurping it a-
gainll the mind and diredion of the King and his Laws over their lellow
Subjeds, by their Irregular courfes; Condemning; and many times Imprifort-
ingwithout Jury, Trial, legal Hearing, or Proceedings.
And cafily difcern an yearly Cullom of an illegally oveir-llraihed Power in
the Lord Majors of London; Eleding and Drinking unto many or more
than needs, in the Choice of two to be Sheriffs of London and Middle^
fex for the enfuing year ; and impofing and taking great Fines of the Refu-
lers, unto whom he needed not to have Drank, whereby to gain fome Thou-
fands of Pounds yearly for the Fines of fuch as were unwilling or unfit to bear
the Charge or Expence of thofe Offices, and Imprifon and Conllrain them
to pay them; which are feldom lefs than 4 or 5001, upon every fuch Refu-
fer. As if fome fatal and fucceffive Annual, or fit ofThirll, or kind Drinking,
was at a certain Time ofevery year to fall upon the Lord Maiors of that City
to Drink more often, and unto rhore than he Ihould do. And they that
lhall happen to be fo impofed upon, are fure to be out of hopes of getting
themfelves difcharged of Imprisonment, for not paying the Fine by Writs of
Habeas Corpus and Bail; which if the King Ihould do every year in the
Choice of Tiiree prefented unto him to ferve as Sheriffs in all other Coun-
ties and Places of England and Wales, (no Other City or Place therein making
ufe of fuch a kind and loving Device to raife Moneys) the Habeas Corpora,
Bells would Ring in all the Courts of Juftice in Wefiminfier-Hall', and His
Majefly would be troubled with the noife thereof.
G And
331
And no fmall Arbitrary Power in their Courts of Orphants in London^ by
Imprifoning a young Man in Newgate without Bail or Mainprife, that had
lawfully Married a City Qrphant, and his Father in like manner for con-
triving it.
And we may often hear and obferve in the Guilds, Fraternities, and Com-
paniesof Trade, and their Myfteries in the City of London^ an almofl: un-
bounded over abfoiute Power in By-Laws, which Ihouid be peruled fas
it is more than a little probable they are not, or but very feldom or curforily)
19 H. 7.ca. 7. by the Lord Chancellor, or Lord Keeper of the Great Seal of England, Lord
Treafurer, and the two Lord Chief juftices, and allowed by tliem or any
three of them, to be according to the Law; together with their giving of un-
lawful Oaths, impofing ofTax^s, Qnarteridges, or Fines and Aflellements as
thty . pleafe upon the Poorer fort of the Companies of Trades, fupernumera-
ting their Livery Men in their Companies, in making them to be
twice as many as they were wont to be, and inforcing them to Pay zo or
Z5- /. a Man, and be at the Charge of a reverend Gown laced with Furrsof
Foynes or Budge; and Imprifon Men for not obeying them and their grinding
fuperfluoUs Orders.
The Exaftions and Arbitrary Power of the Church-Officers in the City^f
London, and its overgrown Suburb Pariflies, in the Renting of Pews and Seats
in the Churches; making Strangers pay great and double Fees for Tolling
the Pafling Bell, and Ringing of a Peal, when there was no fuch Matters;
taking great Fees for Burying of the Dead in the Church or Chancel; near
an Husband, Wife, Father or Mother, Brother or Sifter, where before they
have kin there a quarter of a year, or a little time, they arefure to be taken
up ^ain, and flung into a Common Vault, to lodge amongft thofe that were
Buried far cheaper, conniving at, or permitting the Parifti Clerks, Sextons,
or Grave-makers to fell the broken and fometimes pillaged Coffins of the
JDead tobe made fewel for fire or Bakc-houfes, cozening the Living and Dead,
feafting and fatning themfelves upon every fmall Confultation and Pariili
meeting, for the good as they call it, or little Bufinefs of the Pariih; as for
theiputting out a Baftard or Foundling, or poor Parifli Child to a Beggar to
beg with, and trouble the Streets witlial at a low weekly rate, and take the ad-
vantage to themfelves of reckoning by a greater, which have been the caufe
of fuch fhort Memories in Parifh Politicks and Governments, as the Accompt
of a Legacy of Three hundred'Pounds per Annum, as they may be now de-
mifed, in Houfes and Tenements in a London Suburb Parifh, for as many
hundred years ago, for the Building of the Church yet ftanding upon its old
Ruins, is fo vanifhed as it is not at all to be found, and a royal Charity of
One hundred and Twenty pounds given in the year 1625-. by King
Charles the Martyr in a Time of Peftilence, could never be heard of, and the
Clourch-wardens or Colled:ors of a near London Parifli have been fo over-
watched for the good of the Parifh, and thereby rendred fo fleepy or Lethar-
g/c/f, as they could not good People as they would be thought tobe , tell
wliich way One Thoufand or Two Thoufand pounds have efcaped out of the
Accompt, and the fault muft be charged more upon the want of Honefty
than Arithmetiek* And may be found as greatly miftaken in their no feldom
Parifli Annual Legacies, Communion Charities, or otherwife; and in their
Taxes or yearly Colleftions for the Poor, which in fome out-Pariflies near
London, have amounted unto Two thoufand pounds per Annum , and many
times feveral Hundred pounds per Annum in lefier Pariflies; and yet the Poor
peftcr the Streets, and complain of their Parifli-ftarving Weekly Allowances,
when Hqufes of Forty pounds per Annum therein, are by a conftant yearly Tax
burdened with Sixteen fliillingsper Aitnum,to be quarterly paid towards the re-
lief
/
[25]
lief of the Poor; though many Charities, and the yearly improved Rents of
Lands afligned thereunto, ought to have leflened it, or by their taxing or lay-
ing heavy burdens upon fuch as lliall difobiige them or withdraw their Cu-
ftom from their Shops, Tavernsj or Ale-houfes, ortoeafea Friend , or any
that can make a perfwading Application unto them , or to charge one man
more heavily than he fliould be to eafe another that might better bear it^ will
adventure to convert the Monies given for the fetting up, or feeking youi^
Tradefmen to their own ufe, or ot their own Children, Son-in-Laws or Kin^
dred, and making their Wives Jointures of Lands given to Charitable ufes,
which they cannot tell how to be ill done in regard of that often miiguidingj
and milapplied, faying. That Charity hegimeth at home; take Five ihillings
at a time out of the Dilh or Bafon of the Money given to the Poor at the re-^
ceiving of the Sacrament, to fatisfie a wicked Church-vvarden for his At?:en-
dance; and as much fometimes in the gathering of Money or Benevolence fpc
the Letlnrer, who might have faved that Money if he had Preached them ini-
to better Confciences; as when after a long attendance they are to pay a dw-
ritable guift for the Marriage of poor Maid-fervants, or to fuch of that foit
as have ierved one Matter or Mittrefs in that Parilh for fucha number of years>
do think the Devil will not be friends with them, if by fome lye or pretence
as that the Rents of the Lands are fallen, a Tenant broke or infolventi they
do not drive them to take a pittance, or fcarce half of what is due; .and how-
foever mutt give a Releafe or Receipt for the whole: to the end that all HWy
be reckoned, when a great deal lefs was paid»
And do think that they have as great an Authority under'colour ofPublicft
good, not at all, or but little intended * to grind and do what they pleaifej
and with as much Extravagancy in many of their illegal qrders and doings
within the fmall compafs of their little Dominions, as it all the rett of the Pa-
rifli were only of the Tribe of IJfachar,
And every City, Borough, and Corporation in England and Wales , will
not think themfelves furnilhed with Arbitrary Power, futticientby their Char-
I ters, unlefs by their By-Laws and fubordinate Rules of [Government, they
can have fome out leaps and incurfions, and inforce their Inhabitants to art
obediehce of their many times unjuttifiable Orders, Fines, and Aflcflements.
The Companies of Trade m London, whofc Charters and Incorporations
were granted for the better ordering and governing of an honett and r^ulaf
way of Trading, with a confcionable and rcafonable gain j not to fpoil and
falfifie the Manufactures of the Kingdom, and enhauncc thoPrice thereof, are
not to fuller Tricks to be plaid with it to deceive and abufe the People.
The Drapers cannot produce a Charter, or an Allowance from God or Man,
to caufe their Cloth to be ttretched or Tente/d, to make 16 yards 2,0 ; and
when a new created Trade called a Cloth-drawer lhall have hid, and cunningly
dearn*d up the holes or cracks in it by a device of Flot-pretting it fo flick and
fmooth it, as it lhall feel and look rather like Silk than Cloth,fell it for lo, ay
or 30 s. per yard; which if it were not fo mifufed and made to be almoft old
before the Taylor can havelhaptit into a Shute of Apparel, would be worth
but 16 or 18 s. per yard.
And it is more than an Arbitrary lawlefs Power for a Goldfmith to melt
down as much heavy Money as he can come at into filvcr Plate; arid fell To-
bacco and Powder-Boxes, StafFhandles, Pomels of Swords, Cup-handles, and
mottof the fmaller pieces of Plate in the Kingdom) of drofly Silver, not half
the value of Sterling, and prove them to betoucht ormarkt for Sterling,whert
it will not be worth half the Money they do fell it for ; £11 Rings by an
Imperceptible hole with powder of Copper, and make the Buyer pay for
pure Gold, when it is for a great part no fuch matter. Infomuch as^a great
part
[H]
part of the Plate of the Nation is now fo much abafed, as it is not half the va-^
lue it lliould be.
It is a more than Arbitrary and illegal Power in the Vintners, who befides
the great Adulteration of the Wines beyond the Seas before they conie hither,
will have theallrftan^eof the Winc'Coopers tounwholfom them with Arfe-
nick in the Sack, and many other unhealthful mixtures in their other Wines,
and by that, and the Vintner and his Drawer's Deputy-Conjurations, canto
pleafe the humour of the Cuflomers, fit him out of half a dozen fmall Vefiels
or Bottles, and laugh as they fay in their fleeves, (and perhaps the Drawer
may get a Sixpence into the Bargain} for drawing it lo fpeciaily to think
how neatly they are cozened; howfoeverthe rate mull; be what they Ihall
fet, tlib* the King and his Privy Council do often put a price upon their
Wines; yet if the more honeft Drinkers will not pay the Vintner's own exa-
fted Rate, for that which is good they mull take the bad enough to poifon a
Dog. And if fome fall Sick upon it, as many have lately done and dye, by
tio great quantity moderately drank of it, that lliall never diilurbthe Con-
fcience of the Vintner, who thinks it for the Publick good, that he in a
Ihort, time hath from a poor Tavern-Boy made himfell worth aoooo /. or
3 oooo L and his Wife the Miftrefs of a Pearl Neck-lace (not Counterfeit, as
his Wines were} of a great value.
And makes no doubt but although he Repent and come into the Vine-
yard of the Almighty at a late, or but the eleventh hourj- he fhall not go
without his Peny ,, and if he purchafe an Hofpital, or fome other charitable
Ufes , and leave it in truft with as honeft an one as himfelf, it will do the
bufinefs.
The Brewers cannot believe their Trade can fubfift without the aid of an
unjuftifiable Arbitrary Power, who though they be allowed by the King, and
excufed for the Excile of three Barrels of Beer in every fcore, and ftcals as
much as they can notwithftanding of the duty of the Excife from the King and
his Otficers; and the Houfekeeper pays the Excife for all that he takes of
him. Y et from his Beer (though Mault, Coal, and Hops be never fo
cheap} or Ale, the beft muft be taken off^ and the remainder being only
water half boiled flung upon the ftrengthlels grains is fent and ferved to
the Houfe-keeper for 6 s. Beer with the Excife laid upon it, and made to be a
Drink not fit to give Beafts, quickly ftinking and fouring, and by the Opi-
nion of the London Phyfitians is a great, if not an only caufe of the Epidemkk
and now mor6 than formerly Infeftion or Difeafe called the Scurvy, not fo
much as heretofore taken notice of in the Bills of Mortality , and that Beer
though always over-hopped and imbittered, to fupply the want of Mault, the
People are cortftrained to be content with; and if they will have it better,
^ are to pay Eight (hillings a Barrel befides the Excife, for that which Ihould
be but Six.
All which, bra great part of it, might by thejufticeand Laws of theNa-
tion be redrefied, if the Vintners, who by a late Trick of glafs Bottles, now
ufed in moft Taverns, befpoken and made to be but or not fo much as a Pint
and an half, inftead of a Q^a'rt; and their elder Brethren the Brewers were
but put in mind as they ought'to be of the Statute entltuled Affifa pams
Cervifice, made in the year of the Reign of King Henry the Third. And
another Statute made by that King in the fame year called the Statute of the
Tillory and Tumhrell^ both yet in torce and unrepealed , whereby the OlFen-
ders, Vintners, Brewers, and Bakers, are to be prefented and amerced; and
for every default, the Baker is to be adjudged to the Tillory; and the Brewer
and Vintner to the Tumhrell, which was as it were in a Ducking; Stool (now
fometimes ufed over cleaner waters, and applied to notorious Scolding and
unquiet
[=5]
unquiet Women)hangingover fomc mucWy andunwholefome water, being the
Puniihment of the /^o{Ja or hinking Pits, appropriate by the Giants of divers
of our Kings to the Lords or Owners of great Mannors or Liberties , having
Ajfifas pams ^ Cervifiie.
Which ill doings of the Brewers in their unconfcionable and unchriftian-likc
Arbitrary Power, exercifed as far as it can be ftretched upon their fellow Sub-
jeds, are imitated by the Alehoule keepers, the Inferior and Retailing Mailers
of the tap; who would never have it be fald or proved, that they come fliort
of their Founders great Abilities in the Arts or Knaveries cf the Drink Profef-
fion, or any of their Subtilties or Exadlions. And therefore to make it go
with a double, at the leaft rate or price, or much more than it Ihoiild be,
have to cheat and cozen the People in to an idle and ridiculous Expence,
devifed feveral Names for Drinks, as they fliall pleafe to call them, though
there be little or nothing of the fuppofed Ingredients in them; as Cock Ale,
College Ale, China Ale, Scurvygrafs Ale, Lymmon or Orange Beer or Ale, Hull
Ale, Northdown A\c, Samhach A\€, TioCkor Butler s A\e, cum multis aliis; For
which Adoptions, fundry of thofe Promoters of Driinkennefs do think they
fliall ferve the Devil for nothing, if they be not paid a double or greater rate ;
and by that means and thofe meafures, make a rtiift to clear Four Pounds a
Week, and put it to griping Ufury, and in a lliort time make themfclves the
Owners of 3 or 400 I. per Annum, and fome of them 7 or 800 /.per Annum;
And in their Ale-honejly can take no lels in the Suburbs London than a
Pety for a Pint of Ale, when in Southwark other fide of the Thames,
better Brewed and made can be fold for an ^alf-Peny a Pint.
The Woodmongers or Colliers can leap over all our Laws as they lift ; and
by Confederacy keep back the Collier New CaJlleYhtt, and make them
tarry in the lower part of the River of Thames, and fend up to London fome
ftragling Cole-Ships to fcarce and enhaunce the price of Coles; infomuch, as
until Flis Majefty after many Complaints, and a tired Patience, had taken
away their Charter, they would at every extraordinary Froft or wdnterly
weather, never fail to raife the rates of S^a Coles in the fpace of a few Days,
or lefs than a Week, unto 5-, 10, or aoi".at a time, and fometimes as high
as 3 or 4 /. a Chaldron, to the great Aftli£lion and Impoverifliment of the
poorer fort of People ; when they might asthey have done fmce the taking
away of their Charter, have afforded a Chaldron of Coles with gain enough
under 20 r. a Chaldron.
Neither need we to have any Jury or Inqueft impannelled in the fearch of
an Arbitrary Power, daily made ufe of in the City of London and Suburbs
thereof"by the People over one another, the mighty over the weak, and the
rich over the poor. And the Ufurer and man of Money, when he takes as
much above the legal Intereft, for the loan of his Money, as the neceftities of
the diftrefted Borrowers can perfwade him unto, and upon the Severity of
an Execution, or a forfeited Mortgage of Lands double or treble in value to
the Money lent, looks as Nehuchadomzer, overlook'd his Babylon, walks
about like a Mogul, or fome unlimited Monarch ofthe Eafl, and as pittilefs to
the Supplication of the lamenting fupplicant Borrower, and the tears of Ids
Wife and Children, as the Hunger-bitten Woolfis with the Lamb under his
bloody Paws and Fangs; In company of wLdm do march, the infinuating
Imp ofthe Devil called the Tallyman, with his clofer and more Confumptive
fecretly biting Ufnry,lending Eighteen Shillings to Market-Men and Women
Heglers, &c. Such as cry neceftary Food in the Streets, inftead of 20 s. upon
the Tally and their own Security, at the intereft and rate of sz d. ducly paid
every Week, although continued at that pace a year together, being a cun-
ning piece of Ufury, fer exceeding that ofthe Jeivj; who in the Reign of our
H King
[26]
King Richard the Firft, were by the Common Peopic Mafiacrcd, and the
Caurfini the Pope's Brokers banilli'd by King Henry the Third, for much
gentler Ulufies followed by that of PincbingMonQj-Improvers,who
will lend lo I. for no longer than a Month, and at that or every Months end,,
call fiercely to liave it paid in, to beget the former or a greater Brocage.
When all the Trades of CivAWeftminfler^ and their lai gely overbuilt
Suburbs , can by an unreafonable and Arbitrary Power to maintain their un-
fitting Pride and Luxury, impofe and put what price they pleafe upon their
Work and Commodities, and not a tew do upon every occafion or opportu-
nity of their intereft and advantage break and run over our Alagna Charta,
and other the Laws and Statutes of the Kingdom. And when they truft their
Cuftomers, without which there would be little or no Trade, do when fuch
Buyers dream nothing of it, clap an hard intereft into the price; and if need
be, in writing over their Books again, make where it maybe undifcernable
an addition unto it.
The Mercers can order their Silks and Stuffs to be made (light and little
lafting, and half yard broad, when it fliould be a greater meafure; and
every Month of May or Summer Seafon put a Nick-name, or fome Cahali-
Jlical otVtopian devifed word upon it to make the Buyers give the more ;
and be fond ot it.
And fince our times of Mad-mens contriving Reformations , and opening
the pallage to all manner of Tricks of Trade and Deceits ; there is in every
Week a meeting of moft of the bigger fort of Retailing Trades m London csnd
Wejlminjler, where they do agree their Prices for fome good part of time,
afterwards, and bind one another in Bonds not to fell under; and in the mean
time tak6 more than ordinary Care to give the Manufa6ture-men but half
the Wages which they gave them Weekly before, whereby to ingage them
to make it flight and leave the more room or liberty for the Seller to lye and
fwear the Commodity to an higher price. Which makes the Stationers fell
not only their Paper at an higher rate than formerly; but fo ill made, as either
it will not bear Ink, or muft be as ftiff, hard and uneafie to write upon, as if
it were a board, and requires a Pen of Iron or Steel, rather than the ufual
Pens to write upon it; and the Parchments fp ill drefled, as makes that which
lhall be written upon either that or Paper, to be fo little permanent and laft-
ing, as all our Memorials fo written, are not likely to laft or endure legible
lo or xo years after in the largeft expeftation. The London Mealman will
not think himfelf in any way of hopes of gaining, or to be a Mafter of his Pa-
rilh, if he do not befpeak or calculate a Famine by an ill Weather, or fome
mifchance like to happen to Corn and Grain for the enfuing year , and will
therefore haften to take advantage of it by raifing \x.td or 4^ in a Peck,
and not keep any proportion betwixt the rife of the Market, and that which
he takes of as many as he canperfwade to give it; and having once raifed his
price, holds it as long as he can at the fame pitch, though the Markets were
long before fallen, and in the courfe ofhis Trade tricks, notwithftanding min-
gleth Chalk, Bean and Rye Flower amongft that which he fels to his deluded
Cuftomers for pure Wheaten.
The Lord MziorsoiLondon, that have by our King's Indulgence and Char-
ters many Annual Profits and Perquifites, by and out of Provifions for Food
brought thither on purpofe to take care that it Ihould be wholfom, and the
Lord Maiors and Juftices of Peace that are by the Statutes of z] £.3. ca. 6.
13 R. X. ca.S. and iz ^.4. ca. 8. Impowered and obliged to Aflefle the
price of Viftuals, and the gain of Victuallers ; and to Punilh fuch as do not
fell at reafonable prices, with refpeCt had to what is fold in places adjoining;
fliould not permit the Clerks of the Markets to fuffer unwholfome Food
nor
1:^73.
ftor Butter made and mixed with Curds, which will taint or ft ink in two or
three days to be fold there ; nor a Trade to be fet up of buying Barrels of
Salt Butter, carrying it home and walhing it, and mingling it with other
Butter, bring it again the next Market-Day diilied up, and fold for fweet But-
tcr at double the price. And it would be well if the Lord Maior of London and
his Brethren would take more Care than they do to purge that City of Arbi-
trary Power in the manage of Trade, whezi there is nothing to be bought
either for Food or Raiment, but is adulterated, fophifticated, or cheated in the
price or fubft:ance,not a liquid thing without undue mixtures, nor of any other
nature without deceit in the quantity or quality thereof; fo as not fo much as
Pins, Needles, and Thread can efcape it; though there be a City Argus,ox Man
imployed in the keeping of the Knife at Leaden-Hall, to Cut all fuch ill-
TannedLeather as fliall be brought thither to be fold; and is to make Shoes
and Boots for molt part of the adjacent Counties, as well as London: Matters
are fo handled betwixt the dim-fighted Knife,the Tanner and the Currier, that
by the Tanner's not allowing a due proportion of Bark, or time of his Leather
lying in the Tan-pit, the Leather of the Shoes and Boots is not half Tanned,
and keeps out wet or water little better than brown Paper, which mufl; not
be a little prejudicial to the health of the Englijh Nation; who ufe not
to walk with Sandals on their Feet in Countries almoft; fryed or toafted with
the Sun, but in moifl; and foggy Airs, where Rheums, Coughs, and Colds
are and may be very obnoxious to their health. '
And when theie and other Trades have in no better a manner gained
great Eftates, and enrich'd and perfwaded themfelves that their Ijiecial
Pleas; That it was their Trade. Secondly, That they mufl; live. Thirdly,
Their Matter or Father did fo before them. And Fourthly, That if they did
not do it, others would do it; will protect and carry them thorough the
dangers of the next life, will ufe fo little Charity in this, as they can
themfelves by a lawlefs Power, in the way either ol their Malice or Oppref-
fion, caufe others to be Arretted and Imprifoned for fome Months or \ ears
to the ruin of the fufFering party, by Illegally demifed Fidtitious Writsfbf
many Thoufand pounds, when there was not lb many Thoufand Shillings ot
Groats, and fometimes nothing at all due unto them. And againtt all Law
and right Reafon, make their Friends, ittany will be fo ventrous as to be
Bail for them, to be Charged with all other Debts, to which they were not
Bail; if the Creditors do in the fame Term declare againtt them.
And at the fame time make heavy Complaints againtt the King, or any of
his Servants or Officers of his Court, when they lhall be but for fome Days
cr Weeks rettrained of their Liberty by the Command or Warrant of the
King or his Council,for Contempts or Mifdemeanors well deferving to be Pu-
niilied,and in all their Difcourfes make Hue and Cry againtt Arbitrary Power,
and a Defign of introducing it by the King and his Council; when they might
fee and underttand that there is no fuch matter.
And could well enough perceive that the very many great and Importu-
nate Neceffities and Disburiements, which daily thronged in upon His Maje-
tty fince his Happy Rettauration, for the defence and prefervation of himfelf
and his People , and the repairing and fetting up again of a battered and
difpoiled Monarchy, were not able to perfwade him to lay afide the good-
nefs and gentlenefs of his Nature, or to call for thofe Dues which the Law
had ftnce thofe Ads of General Abolition and Pardon afforded him , although
in the midtt of thofe preffing Neceffities, and very great want of Money,
which daily Importuning and Calling upon him did greatly dittrefs and di-
tturb as well his'Mind as Affairs ; he was after his Happy Rettauration un-
avoidably enforced to pay many great Sums of Money owing by him in Fo-
reign Parts, and the time of his Troubles. Great
[=8]
Great Arrears owing by Oliver Cromwel to the Seamen and Land Forces td
calm and pacific them.
Loll great Sums of Money in the Afleffing and Collefting of the Subfidies,
Poll Money, and Afleflements.
Hath been at great Charges in procuring his Plundered and loft Houfiiold-
ftufl^ Hangings, Plates, and Piftures, and the Redemption of the Crown
Jewels; a great part of which were by his Royal Father in his Wars and Ca-
lamities. Pawned at Amflerdam.
Granted Eight thoufand pounds per Annum of the Crown Revenue to
George Albemarle, and the Heirs males of his Body, who was fo hap-
pily inftrumental in his Reftauration.
Four thoufand pounds/(cr upon the like accompt to the Earl of
Sandwich in Fee or Fee-tail.
Sixty thoufand pounds given to the diftr.efled Cavalier Party that fought
for him and his Royal Father; befides other great Gifts and Penfions to not
a few of his Subjeds , either neceftitated by Suffering for him and his fjoyal
Father, or craving what they could of him, or to fweeten, allure, and keep in
quiet the Schijmatical^ Rebellious, and contrary Parties.
Expended much Money in Repairing his if notalmoft ruined yet much de-
formed and defaced Houfes and Palaces, repleniftiing of his Parks, Stores, and
Magazines; Building of his Houle oXGreenwich, with an Expence of Houfe-
keeping and bounty more than ordinary at his Return and coming into
England; with the Charge of Diet for the Dukes of Tork ondGlouceJler, and
the PrincefsofOri3;7ge and their Families, more than formerly chargeable by
realbn of the want of his Purveyance.
In the Payment of zooooo I. to the old Farmers of the Cuftoms Charged
upon Ireland more than that Kingdoms yearly Revenue, and their Parlia-
mentary Aids given by them amounted unto.
The Abatement of fome ofhis Cuftoms to advance the Fijhing Trade.
Of his Chimney or Hearth-Moiiey in London, and fome of the Suburbs
thereof for Seven years, in Relief of thofe that Suftered by the Burning of
London; made and ordained feveral helpful Afts of Parliament for the Rebuild-
ing of it.
Gave great Sums of Money out ofhis Cuftoms towards the Relief of the
Captives at ^dlgier.
Was at great Ciiarges in keeping and fortifying of Dunkirk , until the quit-
ting thereof
And of the Garrifon and making the Mole Tangier, and fome ofhis
Cuftoms afiigned to defray the Charges of repairing the Peer or Port Dover,
Adventures in the Guiny and Royal Company.
Two hundred and Twenty thoufand pounds per Annum , neceflary yearly
Charges for the maintenance of his Life-Guards Foot and Horfe; befides ma-
ny otlier great Charges in the Raifing and Disbanding of Forces to defend
himfelf and the Kingdom againft Inteftine Plots, Seditions, and a tbreatning
Invafion from abroad^
Of Building of many great Ships, and Frigots; and making of Forts in
England, Ireland, and Scotland.
In Magazines, Stores, and Provifion for Shipping Ammunition, Ord-
nance;. Gunpowder, ^c. ' •
Of procuring the Bifhop of MunHer to make a diverfive War upon the
Dutch.
Charges and Expences of the former Dutch War, and his Navy of
an Hundred great Ships and Men of War in feveral Years and Sum-
raers, every fingle Ship in its Vidualiing Pay and' Ammunition; being
as
, , 5S9
C'9]
ai Chargeable as two Regiments of Foot in an Airmy well Vidfualled and
Paid.
Payment of an unreafonable and racking Intereft, to borrow and procure
Money, and relieve his not eafiiy to be fatisfied necelfitous and weather-beaten
Court and Servants.
Charges in the Collefting the Money, and theLofles and Defal-
cations in the Excife-Revenue in the late great Plague, and Difmal Fire at
London, and Defalcations to the Farmers of the Cultoms for their Lofles by
the want of Trade in the time of the Dutch War.
An Allowance or Impofition upon every Chaldron of Coals for a certain
number of years, towards the Rebuilding of St. Paul's Cathedral, and 3^
other Churches in London^
Two years Revenue of divers Rents of Floules near London allowed to the
Queen Mothers Servants after her Death; all the Delinquents Eftates who
were greatly Inftrumental in the Murder of his Royal Father, given to the
Duke of Tork for his Support; together with the Profits of the Admiralty,
PF/«e-Licences , and a great part of the yearly benefit by the Office.
With many other neceflary Regal Expences.
And being fince His mofl Happy Reftauration to himfelf, but moft of all
to his opprefied Subjefts, who were thereby delivered out of a like to be per-
petual Bondage and Vaflalage of their own framing, from which othefwife
they could never have redeemed themfelves, and being kind and gracious to
as many as he could of his Suffering Party, and willing to perfwade thofe that
had been altogether inftrumental, and caufers of his own and his Loyal Sub-
jedts Miferies, to follow their Example , gave their never to be fatisfied Ra-
pines, and g<^lels greedinefs too many of the Imployments, Places, Farms
and Offices under him ; can notwithftanding with Samuel juftly fay, ivheje 1 Sam. 12.3".
Ox, or vohofe Afs have I unjujily taken away ; whom have I defrauded, or whom
have Lopprejfed ?
Which if Right be done unto him, fliould not be gainfaid by his borrowing
of the Bankers Money, when they had fent it into his Exchequer at an high
and unreafonable Intereft, and making ufe of it to furnifh out his Navy, in
or againft the approaching Spring, when the Ingrateful Dutch, having heaped
their Abufes and Injuries upon him and the Nation, were as Confident as the
FhiUJlins were in the Cafe of the Children of Ifrael, when there was not a
Spear or Sword in Ifrael; That he could have no means or Money by the fro-
wardnefsand difcordsof {om^OpiniatreeswcA State-Reformers, to furnifh out
his Fleet to prevent their defigns of perfifting in their difgracing and do-
mineeringover him; the Trade of the Nation abroad, and affronting and
maftering of him at home.
And in the doing thereof he was Neceffitate Necejitatum, driven by an un-
avoidable and extreme Neceffity, more than that which perfwaded David to
take the Shew hread from off the Altar to preferve the Publick in himfelf,
and himfelf in the Publick; from a fatal and otherwife utter ruine, and loft of
the Soveraignty of our Brittifh Seas, and the Guard and Benefits thereofjuft-
ly Claimed and Vindicated by his Royal Progenitors and Predeceflbrs, and at
no time before in fo much danger of loofing.
For his after-Actions and Cares of Repayment may Evidence that he in-
tended neither any wrong or Injuftice to th& Bankertr, or the Owners of it;
in that he not only made a Provifion to pay them the Intereft until he could
be able to pay them the Principal; but did all he could, if his daily and pub-
lick Occafions had not prevented him to pay the Principal, which he long
ere this had accompliflied, had not the War by the Haughtineft, Malice and
Infolence of the Dutch, often and very much decryed by the Sweeds and
I other
35'51
m
?»
Rar' t/a/ia;?.
22 E. I.
Raf. /4/?«a».
12 E. %.
AUtCondU.
2cth H, ^th.
Uo-}
Other Nations who were the Mediators for Peace ^.tCologne, emboldened by
our home Divifions, and u ant of Supplies, lengthened it felf beyond all Ex-
^dfation. And hath notwithftandmg in the Interim by his Protections
Royal i and many other Cares taken j done as much as he could to keep the
Bankers from Arrefts,Imprifonments, and other Ruines impendant often hap-
pening and falling upon Men indebted.
Although ifReports and the Laments of fome that were concerned be not
much miftaken, a great part of that Money was belonging to many of his
Own Servants; who by his Bounty and Places of Profit under him, had eafily
gained it; and many of thofe who fo heavily complained of that detention
of tlieir Moneys had for their own advantages , intruded it to the Banker
who by an Imaginary Credit far exceeding their own Eftates, furnilhing one
man with another man's Money, and paying out that which was but the fame
day or a little before comeirl, hadinticeda great part of the Money of the
Nation into their hands. And Ibme, if not many of the Owners, did well
enough underliand that they did not only furnilh them and their Credits,
upon all Emergent occafiohs of Profit or Accommodation, by that kind of
alluring much of the Money of the Nation into their Cuftody; but his Ma-
jelly alfo at an high and intollcrable Ufury, which if a llriCl enquiry were
made by His Majefly, or Order of Parliament of the particular Owners of
the Mohey brought into the Exchequer by the Bankers, and from tjience
borrowed and made ufe of by his Majefty upon his Publick and moll urgent
Affairs, would plainly appear.
. And k will be as manifell, that he afterwards gave no refpke to his Royal
Cares and Intentions of Repaying k with the Legal or as much Interell as the
Bankers were to pay for it. And finding that the Fee Farm Rents amounting
unto Seventy thoufanJ founds per annum', fold at Sixteen years Purchafe,
which nothing but a grand Neceffity could enforce him to Alien; for that
many of them being the Tenths, were by two feveral ACts of Parliament an*
nexed to the Imperial Crown of for the maintenance thereof, and
were as fo many Ties and Obligations, which made the Owners Of thefe Lands
to be dependant upon the Crown,would not reach to a Satisfaction of his other
Debts^nnd Expences; which having been longer due, were more importu-
nate than thole of the Bankers, did lately in a Speech to the Lords and Com*
mons in Parliament, make it his earnelt Requell that they would take the
Neceflity and fpeedy Payment of the Bankers into their Confiderations.
And when nothing of help could be obtain'd for that purpofe,did by his Let-
ters Patents under his great Seal, with great difficulty and hardlhip, order a
part of his burdened Revenue to be alfigned for the due and orderly pay-
ment of the Interell until the Principal Moneys Ihould be jullly fatisfied
and paid. So aS his doings therein, or making ufe of that Money, if impar*
tially and judicioully Weighed in tlie Ballance of Truth and Judgment is not
to be clUed a feizure <, or forcible taking of the Bankers Money, or to be
tanked either as to the neceffity, or the thing it felf, or the number of the
perfons concerned with What King Edwarda Wife and Prudent
Prince did do. When he in the az year of his Reign feized into his hands
upon occafion of fupplying the Publick Neceffities, all tlie Wools in the
Kingdom as the Merchants were lading them in the Ports, giving them
Seciirity for Payment at his own Rates, and a long day, and a ihort price,
and tranfported them to his otvnbdland readieft Sale; and at another time
upon a like neceffity, feized all the Popes Moneys, which had been Collet
Cled for liim by the Clergy of England, amounting to very great Sunas of
Money towards the Wars of the Holy Land; gave Protections to thofe that
had the Cuftody of it, and retain'd and made ufe of it for his then preffing
Publick
i
C50.
Publick Affairs two years and more, notwithftanding that the Pope had in
the mean time ferit unto liim theh hugely formidable thrcatning Bulls, and
Letters for it. Or the like done by King Edward the Third in the year
of his Reign with all the Tyme, or with what King Henry the 6^^^ did by way
of Purveyance of great Store of Grain and Corn, and tranfporting it into mrrm s*B.
Ga/cony, where it was very dear, or by Queen Elizabeth oi a great deal of ^
Beer Tranfported and fold to her ufe beyond the Seas, and by defraying a
great part of the Charges of her Wars in Ireland^ with Moneys Coined of
TynnCf with a promife to make a Satisfaftion for it, with Moneys made
of Silver, which was juflly performed by her and King James her Learned
Succeflbr.
Concerning all which matters , fears , and jealoufies, I can be confident
your Sentiments and mine will fo little difagree, as your Judgment of the
Ages paft, and obfervations of the rife and progrefs of our late Troubles
and Miferies which brought the greateft Shame and Scandal to the Prote-
llant Religion, profeft in England and Scotland, that ever it had or could
have laid upon it; and call an unhappy Refledtion upon thofe that were in
the parts beyond the Seas, will not refufe me your Company in the Opi-
nion of a Truth fo experimented, that the fruit of all thdfe Artifices \ rather
than any jull caufe of any fuch fears or apprehenfions have yielded ho better
Efiefts than the Ruine and Confufion of the former Glory and Honour of
our Nation, by fetting up a Rebellious part of the People, the Offspring, as
to fome of their Levelling Principles, of Wat Tiler^ ahd Jack Cade to undo and
Rule over the better fort of' the People, and the Poor to Plunder and rob
the Rich. , , , ;
And that therefore they vi'hich have b^n the caufe of fo many Mifchiefs
and Evils which their and our Seri Nepotes will have reafon enough bitterly
to bewail, and without God's great Mercy will fcarcely live to fee eradi»
catedj ought better to confult their Confcience ; the Precepts and Examples
of Wifdom, Salus Popali, Intereft of the Kingdom , and Honour of the
King and Nation, and abandoning their former Follies, and falfe Lights which
led them and their partakers into fo great Sins, and made them to be the
Caufes of fo many National Miferies, not run themfelves and others into the
fear of one or two incertain Evils; but an Hundred which will be molt cer-
tainj and can never be recalled. ,
And I cannot but allure my felf, that you will be ready to conclude with
me, that there is no Rational orjuft Caufe of Fear that we can liaveby any
Infection contrafted from the now Laws and manner of Government of
France^ Under His moft Chriftiari Majeftyi (For until their Civil and Inte^
(line Wars andlllUfageof Charles xkss. Fifth, and Charles the Scvehth their
Kings, in their greateft Diftrefies, that Nation had Liberties more than at
prelent they have,' or are likely to enjoy.) And that our League with the
French may as little Prejudice us and our Laws and Liberties as it did
thdfe of t\iQ Dutch, when they were in the ftriifeft Alliance or Confederacy
with tliem.
For no man can be fo tranfported put of himfelf, as tdbelieVethat a Neigh-
borhood or a League for Civil and other Refpeds , can work any Prejudice
to the Religion, Laws, and Liberties of the Subjeds of either Prince or State, • ^ ~
not granted away or Contraded for by fuch Leagues, when every days Ex« I'
periertce declares the contrary; for otherwife the whofe King is Ele-
dive, and their Laws fo very much obliging him, as he cannot alter the
Freedom and Conftitutions of the Peoples Libprties would be in danger of
the Mahometan Extravagancies of Power to be brought in upon them, whea
their Kings have made any Leagues wixhihz Turks or Grwid Seignior, and
tine
C;0
the SweeJip} Nation in fear of their Ele^ffive King's introducing the vafland
unruly Power of the Mufcovite , whofe Subjcdts being under a mighty
awe, Ignorance and enforced Obedience; have no more to anfwer when any
State-Affairs are enquired of them, than tliat God and the Great Duke do only
know it.
Infomuch as the Provocation of the Dutch being fo great, and the Vindi-
cation of the Honour of the King, Trade of the Nation, Safety of the Peo-
pie, and Soveraignty of the Sea fo neceflary, as a War witii them could not
be avoided.
There was no other either vifible or pofTible means to manage it with
Prudence or Succcfs, than by the making of the League with trance, who
had pretences of his own to joyn with ours. In regard that Land-Armies and
Fdrces were not able alone to bring them to good Terms,without the afliflance
and aid of a great and mighty Navy at Sea, which might be able to overcome
and beat them in that which was their greateft Strength, without which it
would have been impofTible for the Englijhov French ]oym\y or feperately ever
to have forced them to reafon.
The King of Spain^ who would heretofore have been glad of fuch a Partner,
as the Engltjh to help to fubdue thofe his formerly truly accompted Rebels of
the Vnited Trovtnces, who by the help of the EngHJh and French, had in a
War of almoft Sixty years together done him fo very much wrong, and many
Mifchiefs, was then become fo jealous of the growing greatnefs of France, as he
found it to be hislntereft toaffift thofe that had. lo greatly damnified him,
and were no other than his Hogen Mogen Rebels. The Swede and Danes great-
ly concerned in their Trade, and the Profit and Gain which they daily recei-
vedby them in the BaltkkSea, would not joyn in any War againft them, and
if they would have been willing, were at too great a diflance, and the for-
cing of paflage would have been as difficult and dangerous as it would have
been Chargeable, and the like might have been faidofthe Elelhr oi Bran-
denhurgh, who was in League, Amity, and Interefl with them, and the moft
part of the other German Princes, being of fmall Power, far off, and inconfi-
derable, who might not make War with any Members of the Empire (as the
Dutch being part of the lower Circle of Burgundy were) without the Appro-
bation of the Emperor and their Diets, and the Charge and little Succels of
hiring the Bijhop of Mmfter to raife Forces whereby to make a Diverfion and
Incumbrance upon them in our former Wars, with them, had taught us what
little good, and at how great an Expcnce that defign cffefted. And it is
well known that an Army for the intended Recovery of the Falatinate, was
. in the 21*'' year of the Reign of King James by an able and feleft Council of
War, and the Approbation of the Parliament, then thought not to be fuffi-
cient with the Aid of the Dutch in their Provifions, and pafTage under the
Number of 2 5*000 Foot, and ^oooHorfe; and the Charge of 30000/. to
furnifh them withNecellaries. And when afterwards Count Mansfeild 2. fe-
cond Hannihal, and one of the greateft Captains of his time in Chriltendom,'
had with 12000 Foot,and 200 Horfe Levied here,and encouraged by K. James
and the Parliament; fome promifed Aids from France, and fome other States
and Princes undertook to regain that wafted Countrey of the Palatinate,
Kafhworth's Ship'd his Men, and was at Sea with them , the King of France's denying
kaions^i^i! their Landing at Calice, and promifed Paffage; and the Province or States of
j^8. ' when he attempted to Land his Men upon their Coafts, making a
like refulal, the Peftilence and Flux whilft they were at Sea penn'd up , and
almort ftifled in the Ships, killed two parts in three of them, and the remain-
ing third part mouldring away, that Adion and all the Defign, hopes,charges,
and Endeavours of it mifcarricd and came to nothing.
And
4 "2;
An^ certainly the EngUJh War with the Dutch Petitioned for by the Parlia-
ment, put and carried on with fo much reafon of State, and by lo many ve-
ry Important NecelTities, might Claim to be as well allowed to be without any
detriment to the Intereft ot the Proteftant Religion, as other Wars betwixt
Proteftants heretofore, have been upon Civil Accompts and Controverfies.
Iht Dutch upon a pretence of their better defending themlelves againft any
Attempts or Increafe of Power of the Spaniard^ their then Enemy , did take
and keepPC^//, and fome Towns in the Dutchies of Cleve and Juliers., and
other Frontier Towns belonging to the Elehlor of Brandenhurghy a Proteftant
Prince, the Juftice whereof hath not yet been underftood by the Learned in
Politicks and Affairs of State, were not Incumbred with any Accufation of
weakening the Proteftant Religion, and it muft needs remain a Problem ne-
ver to be determined, but put upon the File of Eternity, what can be the Rea-
fon that Oliver QroYrvoell and his Party of Regicide Rebels about the year i
upon far lefs Provocations, Ihould fo chearfully be aided and aftifted in his Mari-
tine Wars with the HollanderSy until he beat them into a Peace and acknow-
ledgment of the Englijh Soveraignty over the Erittijh Seas, enforced upon
them the Ad of Navigation, That no Commodities Tranfported into Eng-
land from thence, or of the growth of thofe Countries, or any other Neigh-
hour Countries Ihould be brought by them but in EngUJh Bottoms, and
made them ftink in the Noftrils of all Nations, and to be guilty of a moft hor-
rid Ingratitude in the renouncing the Prince of Orange and his Illuftrious Fa-
mily, and taking from them thofe Offices and Places which they and their'
Anceftors had in their Defence fo dearly purchafed; and yet his Cromwellian
Power was not at all accufed for hurting the Proteftant Religion; or how our
Wars with the Dutch in the years 1664. and 1665-. uponfar lefs Provocation
Ihould be Petitioned for by our Merchants, and both Houfes of Parliament^
and willingly contributed unto, and not at all believed to be againft the Pro-
teftant Religion, and why the War now made upon greater Affronts and In-
juries ihould be an undermining of the Proteftant Caufe, or tend to a Subver-
fion of that Religion more than it did, than when Oliver could League with
France^ and its Politick Cardinal Mazarine, and fet the Dane to Invade the
Svoeed, and after that to put the Sweed upon the Dane, on purpofe to difenable
him from affifting Flis now Majefty, his near Allie and Kinfman without
any prejudice fuppofed to the Proteftant Religion of either fide, and be com-
mended for it.
Charles the Fifth Emperor Imprifoning the Pope, and putting him to a Ran-
fom, made him not fulpefted to be a Calvinijl or Lutheran.
Lewis the 13^'' King of France, a Catholick Prince, could heretofore make
a League with the Great Gujlavus Adolphus King of Sweeden a Proteftant, back
him with Leagues and yearly great Sums of Money to Deplume the Roman
Eagle, and make thofe glorious feats of Arms which he did accomplilh to be
the Ruine andDifturbance of many a Popijh Prince, and to be fo formidable as
to ihake the Foundations of the Houfe of Aujlria, and the Pope and all the
Partakers of them.
The now King of France could hr a wrong done by others to his Embafta-
dors in the Court of Rome, make the Pope himfelf fubmit to the fetting up of
a Pillar of Infamy at Rome, to be a witnefs to the World of the Indignation of
the one, and Chaftifement of the other; and hath lately vigoroufly aflifted
the now King of Sweden againft the Danes and Eleftor of Brandenhurgh, being
all Proteftants; and did not think that he forfeited thereby the Title of the
moft Chrifiian King, and a great Maintainer of thePopilli Religion, of which
and much more which might be faid, there may be as many approved Exam-
pies to be met withal in Hiftory, as there may be well digefted Reafons in or-
K der
[34]
der to Publick Peace and Tranquility alleadgedfor it; fo that they that would
Criticife, and be over Cenforious, Ihould it they would be juft, whilft they
Condemn His Majeftie's League with France, to be as a Itrengthening and
weighing down ot the Balance on the Popith part, confider that the laft King
of France did by his League with 6ujlavus King of Sweden, lo advance the
Proteftant fide of the Balance , as it endangered all the other fide , that the
Villanies at homeagainft His late Majefly, and the fetting up of Oliver 2X\6.
his League with France, deprefllng the Spaniard, and making France fo o Ver-
Potent, hath ever fince turned the Balance, and difordered it. And that
Balances may notwithftanding at other times be re«9:ified and made equili-
brious without any damage to the Proteftant Religion, or the various Pro-
feffion of it.
Which League of HisMajefty with France, and that Active Princes Power
and concurrent Intereft to enervate the dangerous neighbouring greatnefs of
the Dutch overgrown Rcpublick, did fo little weaken the Balance on the
Proteftant part, as the Event hath clearly demonftrated it to have been the
only means of re eftablilhing the Prince of Orange his Nephew (no remote
Heir to the Crowns of England, Scotland, and Ireland) and the Heirs Males
of His Body in the Authority and Dignity of Stadtholder cd the United Eel-
gick Provinces, Generalijfimo of all their Forces and Armies by Land, and
Admiral of their formidable and to a wonder very numerous Fleets, of which
by the contrivance of Cromwell, the Profefs'd Enemy of His Majeftie's Royal
Line and Family, and his encouragement of the Faftion of the DeWits , he
had moft ingratefully been deprived (concerning which there appears not in
the Petition of the Parliament for a War with the Dutch, to have been any
profpeft: or defign) and rendred him thereby together with the accefs of his
Perfonal Virtues, Valour and Wifdom (being not yet of the Age of Thirty
years) not only the great Imitator of his glorious Anceftors on the Fathers
and Mothers fide, but the probability (it the over hazarding of his Perfon
doth not Ihorten the hopeful race and courfe of his life) of being the greateft
Captain of the Chriftian World, an Honour of the Proteftant Religion, and
the ftrengthening of it.
And it can therefore be no unwholfome advice not to fet our own Houfe on
Fire by needlefs Fears and Jealoufies as we have done, or make our felves lefs
wife than the Seditious Rabble of/?0wf,who by the Wifdom of Menenius Agrip-
pa, were Charmed into a Pacification and quiet of Spirits by the Fable or Apo-
logue of the mutiny of the Members of the Body againft the Belly or Paunch,
which could not be altogether fo perillous as ours would be againft the Head;
for until the Laws of God, Nature, and Nations ftjall be repealed, and the
wiferpartof the People who have lived in the habitable World can by any of
that Party or Children of Contention, now living be convinced , and brought
by any Rules of right Reafon or Wifdom to acknowledge, that Particulars in
a Body Politick are more to be heeded and taken Care ot than Univerfals, the
lefter part more than the greater, a few more than a multitude , or that in
the Body Natural the Heart, Liver, Lungs, Arms, Back, Belly, Legs, Bones,
Sinews, Mufcles, and Ligaments, with Hundreds of little Parts and Particles
appertaining to that excellent Frame and Strufture of Man's Body can fubfift,
and do well when the Head which gives motion and comfort unto all, and
the leaft of them is Sick and ruining for want of its neceftary Support and Sup-
ply from them in their feveral Offices.
We need not be at much pains in the fearch of Reafon, that they who do
purchafe the Occafions or Advantages of Contention, which may in the
end, howfoever contenting and profitable it may feem to be in the beginning
or purfuit of it, prove to be their own as well as others Irrepairable Ruine,
and
[35]
and do all that they can to difturband mud the Waters that refrefli and make
glad the Valleys ot our Syon, lliouldjuftly be accompted to be no wifer in the
Event, than he who having all his Goods in a Friend's Houfe, fet on fire by
fome that defigned it, and their own Benefit; (as our Neighbour Dutch were
faid to have done in the Wars of Bohemia) or by fome evil Accident, would
fomuch forget his Charity and Duty to his Neighbour, and care ofhimfell^ as
to refufe to aid or help him, either by Water, Ladder, Buckets or Engines,
until he fliould firft have called him and his Servants to Accompt and Exami-
nation how and where the Fire began, by whofe negligence or mifcarriage ;
what method, care and order will be taken to prevent it for the future ; and
what Security he will or can give, that there lhall be no more fuch an acci-
dent hereafter.
And whilft he is thus over-running his Difcretion, and afting his own
Folly, and new found Politicks, fuffer the Fire to do what it lift. Burn the
Houle and all his own Goods, as well as thofe ofhis Friends and Neighbours
in it.
When FJiftory and the Records, and never enough bewailed Experience of
times paft might have told him, and all that have a mind to Imitate fuch a felf-
ruining madnefs, the dire Events, and many heavy and remedilefs Calami-
ties which fell upon the over-fparing and cautious Conftantinopolitans; who
denying their Emperor a necefiary and fitting Aid to defend them as well as
himfelt, made the TwrX'i-Mafter of all Greece^ fo renowned heretofore for
Learning, and that City and the Riches of it, a twentieth, or a very fmall
part whereof might have difappointed all the Tyranny, Bondage, and Slavery
which they have ever fince been under, and are according to Humane Judge-
ment like to continue to the end of the World, in no better-a Condition.
And now that Hanmlal is ad Port as, Dangers on all fides encompafling
and crowding in upon us, we fliould neither forfake our felves and good old
Englandy which will furely be worth the faving; nor fomuch miftakethat
which was ever accompted to be Reafon, Wifdom and Forecaft, as to under-
value the profpeft and the cares of Prevention, laugh at them as Pedantick
Fopperiesy or the dotage of a Decrepit World ; and like Jonas difpleafing his
God, fall afleep in the midft of a Tempeft.
But rather make haft to return to our felves, and fet before us the Wifdom
and Examples of our Anceftorsand Predeceflbrs, who in the care of them-
felves and of the Private and Publick, not feparate but joyned together, as
Mell as of their Kings and Soveraigns, would not be deterred by any State-
misfortunes or Irregularities, or tempted by their Jealoufies or Fears to fuffer
themfelves, as the Members and fmaller parts of the Body, to languilh and be
deftroyedby negleding the Head, and the Security and Safety thereof, or by
not paying their Duty and Reverence to their Kings, hate and ruine them-
felves, which in all their Difcontents and Murmurings againft their Kings and
Government, the Anxieties, or Commotions of their Minds and Paffions, or
the Difpairs which had fohietimes fcized upon them, they did fo much fcek to
avoid, as they did not refufe them Aids in all their Wars and Troubles Dome-
ftick and Foreign.
King Henry the Second (who after a very great and general A6t of refump-
tion ot the Aliened Crown Revenue, fome whereof had been granted by him-
felf, had difcontented many ofhis great Nobility) wheg all his Sons had Re-
belled. Warred, and taken Arms againft him, wanted not afupply by Efcuage
from his Subjedls of England, to reduce them to Obedience, and make his
Wars in France.
King Richard the Firft being unfortunately in his Return Incognito from
his warlike and glorious Expedition to Jerufalem, made Prifoner by an un>>
worthy
C3^]
worthy Surprize of the Duke of Auflria, and the German Emperor, enforced
as fome of our Eliftorians have reported , for his Deliverance to inveft the
former of them, with the Superiority of his Kingdom of England^ by the
delivering of his Hat unto him ; which the Emperor in the prefence of divers
ofthe Nobility of Germany and England, returned unto him to hold the King-
dom ofhimby the Annual Tribute oi Fifty thoufand pound Sterling; and
his Brother John Ufurping the Crown in his abfencc, and Plotting with the
Emperor and the King of France, his mortal Enemy to continue him a Prifo-
ner during his Life; both Laiety and Clergy notwithhanding that he had by
the perfwafion of the Clergy more than ot the Laiety, been ingagcd in that
very Expenfive War, did lo ftrain themfelves to redeem the Perfon of their
King (the Kingdom and People at that time being fecure enough from Fo-
reign In vafions} as they raifedand paidO«i? hundred and fifty thoufand Marks
in pure Silver of weight (then a very great Sum of Money)byTwen-
ty Shillings impofed upon every Knights Fee, the fourth part of the Revenue
of the Laiety, and the like of the Clergy, a tenth of their Goods, allorraoft
the Chalices and Treafure of the Church (being then alfo not a little} fold to
GuMmus makeup the Sum: So ^sWilliam Petit, otNewbrigenfis, who wrote his Book
Viwbrigtnfts. j-ij;ne, faith. Fere exmunita pecuniis Anglia vi/^eretur ; England feemed
to be almoft emptied of all her Money ; and the like courfes were held for
raifmgthat then great Sum of Money in all his Dominions beyond the Seas.
King John likewife having refum'd much of his Crown-Lands, Murdered
(as was fufpedfed) his Nephew Arthur the right Heir to the Crown,and there-
by forfeited the Dutchy oi Normandy to the King of France, of whom he held
it ; and in thofe many Troubles and Diftrefles which were call upon him by
his unruly Baronage, conftrained to acknowledge to hold his Kingdoms of
England, and Dominion oiIreland, of the Pope and his SuccelTors in Fee-Farm
under the yearly Rent of One thoufand Marks per Annum; Charged his Earls
and Barons with the Loflqs which he had fuftained in France, Fined and made
them pay a feventh part of all their Goods, had Two marks and a half granted
unto him by the Parliament out of i^very Knight's Fee; and within a year af-
ter a thirteenth part of all the Moveables and other Goods, as well of the Cler-
gy, as of the Laiety.
Kingthe Third his Son,refum'd all the Lands alien'd from the Crown,
had fo great Troubles entail'd upon him by the Contefts of his boifterous
Baronage with his Father, as Lewu the French King's Son was called in by
fomcolthem, received their Homage, and had London, and a great part of
the Kingdom delivered up and put into his PoflelTion ; but upon better Confl-
deration was afterwards lent home again by thofe that Invited him, and the
Barons of England, having fo little accorded with their Native King, as feveral
Battels were Ibught betwixt them , in one of which the Kinghimlelf w^as ta-
ken Prifoner, and in another releafed by the Valour of the Prince his Son, the
managers of that Rebellion Slain, and their multitude of Partizans reduced to
Obedience, being a great part of the Kingdom, bydtieir Compounding with
his CommilTioners at Kenehvorth , to give him Seven years Purchafe of the
yearly value of their Lands, which amounted to a very great Sum of Money,
for a Pardon for their Oflences, and a Redemption of their Eftates; the Sub-
jedfs and People of this Nation did howfoever in order to their owm Preferva-
tion, befides the fifteenth part of all their Goods, for his Grants of Magna
Chart a, and Chart a Foreflae, not deny him their Aids of Scutage, Fifteenths,
and Tenths; there being fcarce a year wherein there was not a Parliament,
and leldom any Parliament without a Tax.
NvagEdward the Firft, notwithRandinghis Writs of Quo Warranto brought
againlt all the Nobility, Great Men, Gentry, and others of Cities
and
[373
and Burroughs Claiming Liberties and Priviledges, wherein he did put therrt
ftridtly to prove them either by Grant or Prefcription, feized and confifcated
the Eltates of the Earls of Gloucejler, Hereford, and Norfolk, Men of great
Might and Power; for their refufing to go and ferve him in his Wars beyond
the Seas; the Earl of Hereford being Conltable, and the Earl of Norfolk Earl
Marflial of England by Inheritance.
And their mutual Rancors and Difpleafiires with the grand Contefts of
them and their Parties to procure the Statutes of Articuli Juper Chartas ^ de
Tallagio mn Concedendo, Were not healed without the Aids and Subfidies of
his People.
The mif-government and mif-leading of King Edwmd the Second by his
feveral Favorites Peirce Gavejlon and the Spencers, did not hinder him fromi
the Supplies of his People.
King Edivard'xhQT\\\xdi after a fifteenth of the Temporalty, a twentieth
part ot the Goods of the Cities and Burroughs, and a tenth of the Clergy
granted unto him by Parliament in the Eightli year of his Reign, having con-
lumed muchTreafure in his Wars, made tor the Kingdom of France, which
he claimed as his Inheritance (wherein the EnglifhN^ticya, more than for the
Grandeur and Honour of their Prince, were not much concerned; but were
jealous until an Adt or Declaration of the King in Parliament was procured to
. the contrary, that the Conquetl of Frame might have caufed England to have
been afterwards dependant upon that greater Crown and Kingdom} was not-
withftanding the feizure, and taking into his hands the Goods and Eflates of
three Orders of Monks, "viz. The Lombards, Cluniacks, and Ctjlertians, and all
the Treafure committed to the Cuftody of the Churches through England for
the Holy War, forced to revoke divers Aflignations made for Payment ofMo-
neys, though he had received Three Millions of Crowns of Gold for the Ranfom
of John King of France, whom his Son the Black Prince had taken Prifoner,*
and was not put to lofe any of his Honour, Friends, Eftate or Interefl for wane
of the neceflary AfTiftance of his Subjedts, who for the maintenance of thofe
and other his Wars , were howfoever well content to give him half of the
Laieties Wool, and a whole of the Clergies, and at another time the ninth
Sheaf, the ninth Fleece, and ninth Lamb for two years; and after many other
Taxes and Aids granted in feveral Parliaments of his Reign, and a Commiffiort
fent into every Shire to enquire of the value of every man's Eftate; The
Treafure of the Nation being much exhaufted, found the People fo willing to
undergo that and other Burdens which thofe fuccefsful Wars had brought up-
on them, as the Ladies and Gentlewomen did willingly Sacrifice their Jewels
to the Payment of his Souldiers. ■
That Unfortunate Prince Richard the Second his Grandchild, tolled arid
perplexed with the Grcatnefs, Ambition and Faftions of his Uncles, and the
lubtil underminings of J^hn of Gaunt, Duke of Lancajler, the moft power-
fulof them, fatally continued and purfued by Henry of Bullinghrook his Son
TixfktoiHereford, was not in all thofe his Diftreftesfo unhappy, but that al-Rot'Pari. i^.
though the Commons in Parliament had by their Petitions unto him com-
plained, That for want of good Redrefs about his Perfon, and in his Houjhold and
Courts, the Commons were daily pilled, and nothingdefended againjl the Enemy^
and that it wouldfhortly undo him and the whole Ejlate; yet they were fo mind-
fill of their Soveraign and themfeWes, as they not only afforded him very
great Aids and Afliftanccs; but in the Fourteenth year of his Reign the Lords
and Commons in Parliament did Pray, That The Prerogative of the ICingandv^ot'Vxc]. 14.
his Crown might be kept, and all things done or attempted to the contrary might
he redreffed; and that he might be as free as any of his Royal Progenitors were: Rgj- pj^i. j
And in the Fifteenth year of his Reign, did in Parliament require him, That k. a. m. u.'
L He
Cas]
lie ivouldas largely enjoy his Frerogative^ as any of his'Progenifors, notrv'nh-x
Jlanding any Statute; and namely the Statute ot Gloucejler^ in the time of
King the Third; the ivhich Statute they utterly repealed out of their
tender affetlion to the King.
King Henry the Fourth, Fifth, and Sixth; although well underflood to
have been Kings de falto, not dejure, (for lb not feldom have been the Plead-
ings at the Law of their A£ts of Parliament) and although the later of thofe
Kings being Crowned King of France m his Infancy, and in PoflelTion of that
Kingdom, was by his Meek and Pious rather than Prudent Government a
great part of the Caufe of the Bloody Contefts betwixt the Two Houfes of
Tork and Lancajler, which ruined very many of the Nobility and Gentry by
taking their feveral Parties, and were by their Difcords the lofs of all the King-
dom of France, but Calice. And that Richard Duke of Fork, had in Parlia-
ment fo claimed and wreilied for the Crown, as he was declared Proteblor of
the Kingdom oi England, enjoyed notwithftanding the care and goodwill of
their Subjeds upon all occafions either at home or abroad in times of Peace or
War, by their Contributions of Subfidies.
King Edward the Fourth in the brunt and hotteft of the long continued
bloody Contentions of the two great Houfes and Families of Tork and Lanca-
Jler, after nine Battels won by himfelf, attefted by his Surcoat of Arms which
he wore therein, hung up as a Tropliy in the Cathedral Church of St. George
at Windfor ; and his many ftraglings with King Henry t\\Q Sixth, and his Party,
in lofing and gaining the Crown, again Vhox witXi France, and compelling the
crafty Lewis the ii''' the King thereof, to demand a Peace, and confent to
pay him 75000 Crowns towards his War, Expences, and a Tribute of
5'oooo Crowns yearly during the life of King Edward, notwithftanding that
he had in the fecond year ofhis Reign, fite in a Michaelmas Term three days
together in his Court of Kings Bench, and gathered great Sums of Money of
the People of England, by his Privy Seal towards his Wars with the Scots, and
in the Seventh year ofhis Reign, refumed by Aft of Parliament all the Grants
which he had made fince he took PqlTelTion of the Realm, raifed great Sums
of Money by Benevolences and Penal Laws, had in the Eighth year ofhis
Reign granted him by Aft of Parliament two fifteens and a Demy, and in
the Thirteenth year of his Reign, aSubfidy towards his Wars with France,
when the Aftions, Courage, and Wifdom of Parliaments were fo incer-
tain, as there was in the fpace of half a year one Parliament Proclaiming King
Edward an Ufurper, and King Henry a Lawful King; and another Pro-
claiming King Edward a Lawful King, and King Henry an Ufurper.
King Henry the Seventh, although that he lometimes declared , That he
held the Crown as won in Battel by Conqueft of King Richard the Third,
and at other times by his better Title from the Houfe of Tork, and his
Marriage with the Lady Elizabeth, the Daughter of King Edward the
Fourth, and avaritioufly took all the ways pofTible for the enriching of
his Treafury had divers great Aids and Subfidies granted unto him by
Parliament.
King Henry the Eighth, notwithftanding that he had after many great
Subfidies and Aids, both as to the Money and manner of Collefting it;
granted unto him his Heirs and Succeflbrs by feveral Parliaments; and the
firft Fruits and Tenths of all Ecclefiaftical Promotions and Benefices, over-
turned the then eftablillied Religion of the Kingdom, feized and took into
his PofiefTionthegreatyearly Revenueofdoo Abbies, Priories, and Nunne-
ties, moft of the Hofpitals and Colleges which had been given to Religious
Ufes with Anathema's; with as many other dreadful Curfes and Imprcca-
tions as the Minds of Men could imagine to tall upon the Violaters thereof,
amounting
[39]
amounting in the then yearly value, unto fomething more than One hundred
and Ninety thoufand Ptunds Jierling^ per Annum; being at a then low and
undervalued rate, fcarce the 20^'' Peny of the now fince improved yearly va-,
lue, excluded the Founders from their Reverfions and Legal Rights thereof;
when the ufes unto which they were firft ordained fliould be altered, or
other wife applied, Confifcated the very many rich Shrines, Chalices, Plates,
Copes, Jewels, Pearls, Precious Stones, Gold and Silver, not only found in
thofe Religious Houfes; but in all the Cathedrals and Churches in England^
the Riches of all which could amount to no lefs than many Millions of Mo-
ney Sterling more, if not equal unto the vaft and admired Referves and
Treafures of the Venetian Republick, or that of many Popes Provifions, re»
ported to have been laid up in the Caillc of St. John de Angela at Rome, in
cafe ofany Invafion or War of the Turks; and unhappily wafed , expended,
and gave away not only a great part of thofe immenfe Riches and Land Re-
venue, but all the Eighteen hundred thoufand Rounds ft er ling, which were left
him in his Father's Treafury; debafed fome of his Gold Coin, and made it
Currant for a greater value than in truth it would yield. And the better to
gentle and pacifie the People, who Rood amazed at it, proniifed and under-
took that they lliould never more be troubled with Aids or Subfidies.
Was notwithftanding when afterwards the Publick Occafions required
Aids or Supplies, neither foreclofed by his Promife, or denied the afliftance
of his People.
But the Lords and Commons in Parliament did in the 35^^ year of his
Reign aflent to an- Aft of Parliament for the remitting unto him all fuch
Sums of Money as he had borrowed of them or any other, by way of Im-
prefs or Loan by his Privy Seals, fithence the Firft day of January in the
23 th year of his Reign, and if he had paid to any Perfon any fome of Money
which he had borrowed hy Sale of Land or otherwife, the fame Perfon, his Heirs,
Executors, or Adminiflrators, fbould repay it again to the King ; and if any
Perfon had fold his Privy Seal to another, the Seller Jhould repay the Money to
the Buyer thereof. And for a further Supply, did in the laft year of his Rciga
grant unto him one Subfidy with two Fiitecnths and Tenths by the Tempo-
ralty, and one Subfidy by the Clergy.
Whofe Succeftbrs and Pofterity have ever fmce not refufed to Subfcribe to
thofe Laws of God, Nature, and Nations ; That Children are obliged to alfift:
both their Political and Natural Parents: The contrary whereof would be
againft the Rules of Flumanity and Mankind.
Judge Huttcm, a greater Friend unto the Law then Ragioni di Stato, Rea-
fon of State or Government, declaring in his Argument in the Exchequer
Chamber againft the Ship-Money, in the latter end of the Reign of King
Charles the Martyr, That an Ahi of Parliament that a King Jhoulahave no aid
or help of his Suhjekls, would he void and of none effeSl.
King Edward the Sixth, after the many Seditions and Troubles which
aftaulted his Infant Government, and excellent endowments of Virtue and
Piety, by the Wars with Scotland, quarrcllings of the ProteSlor and Admiral,
his Uncles on the Mother's fide ; and the Plots of Dudley Duke of Nor-
thumlerland was, although he had taken into his hands all the Lands,
Houfes and Tenements formerly given under dire Imprecations,
and Curfes for the quiet and welfare, as the People then thought of the
Souls of their Anceftors Children, Friends, and Benefaftors departed out of
this World and gone into the next; together with the Colleges, (given to
Superftitious Ufes) free Chappels, Fraternities, and Guilds, with all their
Lands, Goods, and Eftates; leizure of Church Goods in Cathedrals and Pa-
rilli Churches, and fuch as had been imbezifd, with Jewels, Gold arid Silver
Chalicejp
Jlcy
[40]
Chalices, ready Money, Copes and other Veflments, refcrvlng to every
Church one Chalice, and one Covering for the Communion Table was not
grudged in the lad yearof hislhort Reign, oneSubfidy with two Fifteens,and
Tenths granted by the Temporalty, and a Subfidy by the Clergy.
O^enMary being a profefs'd Catholick, renverfed the Protellant Religion,
put many to Death, Baniflied and Perfecuted all the Eminent ProfefTors there-
of, Married Philip the Second King of Spain; and thereby endangering if
Ihe had any IfTue by him,to have brought England under the Laws and Yoke of
his Spanijh Dominions, with the Bloody and Cruel Inq^uifition to boot; began
to reftore the Lands of the Abbies and Monafteries, and intended to relin-
quifli all her right therein; Loft Calice, which had been in the Englijh
Pofteftion ever ftncethe Conquering of it from the French by King Edward
the Third.
Made fevere Laws againft the Proteftants, Abrogated all thofe that were
made againft the Catholicks, lliook and tottered the Eftates of many of the
Proteftants great Nobility in their Lands, which had belonged to their Mona-
fteries and Religious Houfes, and of many Thoufands of confiderable Families
of the Kingdom, who had thofe kind of Lands either given them by King
Henry the Eighth, or King Edward the Sixth; or had Purchafed them of
others, who might well have forefeen their not Enjoyment of them, if flie
had but a little longer continued her Reign, toperfeft the entire return-
ing to the Church of Rome of her felf, and as many of the People as flie
■lliould be able to force into it, was not in her lliort Reign without the
Aids and Aftiftance of the People, when the Publick Affairs called for them.
Richard the Third, though for his Cruelties and ill obtaining of the Crown,
he merited not the Title of a King after his ftabbing King Henry the Sixth,
whereof he died in the Life-time ot King Edward the and after his Death
procuring himfelf to be made Protedor of the Kingdom during the Minority of
King Edward th^Fikh, his Nephew ; whofe Guards when he had made to be
Sir Richari difmifted, and enticed him and his Brother into the Tower of London upon a
counterfeit pretence of Safety and Honour, he procur'd to be Murthered. Did
the like to hjs own Elder Brother the Duke of Clarence , whom he contrived
to be drowned in a But of Malmfey; made himfelf King, and in the fetling of
his wrongful Title and wicked Ufurpation, made fome good Laws; was not-
withftandingin the Second year of his Reign, befides the great Confifcations
of divers of the Nobility, and other great Men, not refufed an Aid orim-
pofttion.
Queen Elizabeth, Inheriting the Courage of her Father King Henry the
Eighth, and the Wifdom and Prudence of her Grandfather King Henry the
Seventh, the happy Uniter of the White and Red Rofes; having by a Provi-
dent Care made luch a Choice of Wife and ValiantSea and Land Comraan-
ders. Sage Counfellors and Minifters of State, and Judges of the Law, as no
Prince of her Age or Time could equal, did by a conltant encouraging and
imployi^ no other than thofe who made knot their only Bufmefs to feek
rlieir^yi<rrProfits,but were as fixt to her,as ihe was to them; by whom and her
own careful Conduct and Guidance,ihe withftood all the Aflaults of Rome and
Spain,znd the Machinations which their Jefidts could Plot or Promote againft
her and her moft excellent fteddy Monarchical Govcrnment;weather'd out the
Storms and Rebellions raifed up againft her, with no fingle or few Attempts to
take away her Life ; fupported her Allies, and was a Bulwark impregnable
not only to the more refined Proteftant Religion which Ihe had planted and
defended herein England; but to thofe different Forms elefted or fet up by
Luther^ and Calvin, and the Huguenots , in the Foreign and other Parts of
Chriftendom, was in her glorious and ever to be imitated happy Reign, as
llic
C4i]
(lie made her Subjefts as happy as her felf in the Councils, Love, Duty, and AL
legiance of her Parliament and affiftance of her People for their own as well
as her Prefervation and Good ; who although they were by her limitted not
to meddle with Church or State Government, forbid and fharply reproved parliaments
for medling with the SuccelTors, had fome of their feveral Members, asof<^£//V-
'My. Peter Wentvoorth and Six Henry Bromley Prohibited to fit in the Houfe
Commons, and afterwards Committ^ Prifoners to the Tower of Lon-rorvnfmd, a
don, fent for Sir Edward Coke their Speaker, and charged him to deliver her ^emberchere.
Meflage to the Houfe; which he did not omit to doThat It was in her
Power, to Call, Prorogue, ,Adjourn, Dijfohe or Determine Parliaments, and to
Ajjent or Dijfent : And in one of the faid Parliaments refufed her confent to
48 Bills which had palled in both Houfes; informed the Houfe of CommoriS,
That flie milliked their JrreTierence towards her Privy Councellors ^ Members of
thai Houfe who were not to be accompted as Common Knights and Burgejfes that
are Councellors, but during the Parliament; whereas the others were Jlanding
Councellors, and for their Wifdom and great Service were caltd to the Council of
State ; Blamed fome that feem^d to make their Necejftties more than they were,
forgetting the urgent Necefities of the Time and Dangers • would not have her
People feared with Reports; and fpeaking to them that llie heard that upon the
laft Attempt of xlm Spaniard, fome had abandoned their Towns, fled higher
into the Countrey, and left all Naked ; faid, I fwear unto you By God, if I
knew thofe Perfons, or any that (hall do fo hereafter, I will make them know and
feel what it is to be fo fearful in fo urgent a Caufe. And when the Commons
had Petition d unto her againll fome grievances of her Purveyances, and
Court of Exchequer; anfwer'd. That Jhe had given fome Order to the Lord Stew-
ardioY the redrefsof the Purveyances-lh2LX.(he had as much Skill and Power to rule
and govern her own Houfe, as any of her Subjefis whatfoever to rule and govern
theirs, without the help of their Neighbours ; and would jhortly take further
order therein, by the advice of her Judges and Learned Council. Commanded
the Speaker of the Houfe of Commons, Tllat if any Bills fliould be there ex-
hibited touching the Succeffion, Matters of State, or Caufes Ecclefiajlical,he Jhould
not receive them.
Which feveral Speeches, Diredtions, and Mellages of her Majefly, with
many others in all the time of her Parliaments, and long and happy Reign ,
were well efteemed of;whofe Birth-Day for now almofl: Fourfcore years lafl: paft
in London, and many other Places of Englandj hath upon every 1day of
November, by Legacies of. Annual Commemorative Sermons and Ringing
of Bells, been Celebrated,and was fo happy in the Duty Allegiance and Obedi-
ence of her Parliaments.
• As a Prudent very Eminent & Learned Member of the Houfe of Commons
faid, That before he would fpeak or give any confent to a Cafe that lliould
debafe her Soveraignty or Abridge it, I would wifh my Tongue cut out of my Head.
Anno of her Reign, A Bill being brought into the Houfe of Commons
for Explanation of the Common Law, concerning the Queens Letters Pa-
tents, and certain Monopolies; Mr. Spicer a Burgefs of (Varwick faid. That
that Bill might touch the Prerogative Royal, which was as he had Learned,
fo tranfcendent as the eye of the Subjeti may not afpire thereunto ; and therefore
be it far from him that the State and Prerogative of the Prince Jhould be Tyed by
him, or any other Subjelt.
Mr. Francis Bacon, after Lord Chancellor faid, That for the Prerogative
Royal of the Prince, for his part he ever allowed it, and is fuch as he hoped
Jhould never be difcujjed. And faid Mr. Speaker, pointing to the Bill, This is
no Jlranger in this place, but a Jlranger in this Vejlment. The Z>fe hath been
ever by Petition to humble our felves to her MajeHy , and by Petition- to dejire
M to
to have the Grievances redrejfed^ ef^ectally when the remedy iouchethiher in
Right or Prerogative. I fay, and 1 Jay again , That ive ought not to deal or
meddle with, or judge of her Majejlies Prerogative, I wijh every man therefore
to he careful of this point.
Mr. Lawrence Hyde faid, I do owe a Duty to God, and Loyalty to my Prince ^
I made ity and I think I underftand it; far- he it from this heart of mine to
write any thing in Prejudice or iT&rogation of her Majejlies Prerogative
Royaly and the State.
Mr. Serjeant Harris moved, That the Queen might he Petitioned hy the
ITouJe in all Humility. ^.
Mr. Francis Moore, -afterwards Serjeant Francis Moore faid, He did know the
Queens Prerogative was a thing curious to he dealt with.
Sir Robert Wroth a Member of that Houfe did in his own particular o&r
loo /. per Annum totlieWars.
Upon a Debate of Monopolies, the Queen underflanding that a Lift of
fuch as fhehad granted had been brought into.the Houfe; fent for their
Speaker, and declared unto him, ThaX for any Patents granted hy her lojerehy
any of her Suhjetls might he opprejfed, Jhe would take prefent order for Re-
formation thereof; her Kingly Prerogative was tender, and therefore defired
them not to fpeak or doiiht of her Reformation; hut that fame Jhould he re-
pealed, others fufpended, and' none put in Execution, hut Juch as hy a Trial
at Law Jhould appear to he for the good of the People-, which being reported
by him to the Houfe, filled them with unfpeakable Joy.
Mr. Wingfeld wept, and faid, His -heart ivas not ahle to conceive, or his
tongue exprejs the Joy that he had in that Mejfage.
And thereupon Secretary Cevill faid. That there was no reafon that
all Jhould he revoked-, for the Queen meant not to be fwept out of her Pre-^
rogative.
And gave them a Caution for the future, to helieve that whatfoever is fuh-*^
jehl to a pub lick Expofition, cannot he good.
And the Parliaments in her long and glorious Reign, were lb unwiR'
ling to give any difturbance to her Great and Renowned Aftions for the
defence and good of her Self and her People, and all the Proteftant Concern-
ments in Chriftendom; ^ :
As in the Firft year of her Reign, a Parliament granted her Two lliillings
eight pence in the Pound of Goods ; and Four lliiliings of Lands, to be paid ia
feveral Payments.
In her Sixth year, one Subfidy was granted by the Clergy , and anotlier
by the Laiety together with two Fifteenths and Tenths; in the Thirteenth
year of her Reign towards the Charges of Supprefiing the Northern Rebel-
lion, a Subfidy of Six Ihillings in the pound, by the Clergy, and by the
Temporalty two Fifteens, and a Subfidy of Two Ihillings and eight pence in
the Pound; in her Six and twentieth year , had granted her by the Clergy
two whole Subfidies, and by the Laiety three, befides Six Fifteenths and
Tenths; with a Provifo, that that great Contribution Ihould not be drawn
into Exarhple; in her Fortieth year, had granted by the Clergy three en-
tire Subfidies, and as many by the Laiety, with Six Fifteens and Tentlis;
and in the year of her Reign, to furnilli Money ibr the Irijh Wars, had
Commiffions granted to confirm the Crown Lands of Ireland to the Polief<
fors of defedtive Titles.
And all little enough, when in the fame year Sir Walter Raleigh, a Mem-
ber of the Houfe of Commons declared unto them , That the Moneys lent unto
her were yet unpaid, her Jewels and much of her Lands Jold, and Jhe had Jpared
Money out of her own Purfe and her .ripparel, for her Peoples Jake.
And
C43].
And yet when in the Eighth year ot her Reign the Parliament had offered
unto her four Subfidies, upon Condition that Jhe xtnould declare her Succejfor ;
jhe magnanimoufly relufed it, and remitted the fourth Subfidy, faying, It
ivas all one whether the Money was in her own., or in her Suhjetis Coders.
Our King James being born and bred in the Kingdom of Scotland^ where
their Laws are mingled with fame Neighbour Engl^h Cuftoms, drawn out of
our Glanvily brought thither by their King James the Firft, who lived fome
time here in England., and afterwards fo much Compounded and over-born
by the Civil Law: brought out of France long alter by King James the
fifth, which with fome part of their Common Law , makes them to be
fo overmuch Civil and Canon, and a Mifcellany of them as they are Very
much different from ours, had fo great an affedtion to the Civil Laws
and thofe of his own Countrey, before he had underftood the Excel-
lency of ours ; that fliortly after his coming to the Crown of England
he earneftly recommended to the Parliament of England, not only an
Union of ^th the Kingdoms, and theSubjedts thereof; but of their Laws
alfo: And fo much favoured the Civil Laws, as he complained in a S^^eech
to the Parliamient of the Contempt of them, allowed or was much taken with
the Comedy of Ignoramus and Dulman; which was purpofely framed to ex-
pofe the Profellbrs of our Common Laws to a Derifion of the People, and
render them guilty of an Ignorance of good Letters and Learning (which
all of them, witnefs our great Selden, and fome other of his Coevals, could
notjuftly be charged with) and fuffered it to be Adted before him. at Cam-
bridge with great Applaufe, and to be afterwards Printed and Publiflied
jwithout any murmur or jealoufie of the Englijh Nation, (that he endea-
voured to introduce an Arbitrary Power) who manifefled no unwillingnefs
to give him Subftdjes and Aids in Foreign as well as Domeftick Affairs, when
he had occafion to require them.
All wliich the Cares and doings of our Anceftors for the Publick and Com-
mon good joined with their Duty and Allegiance to their Soveraign Kings
and Princes , may aftbrd us convincing Reafons and Arguments, out of
concluding Premilles that the Weal and Woe of Kings and their People,
are like thofe of Hippocrates s Twins, partaking each with other, and
that the Fear of God, Honour of the King, Self Prefcrvation, and Oaths
and Duty of Allegiance ; will be more than enough to enjoyn every
good Chriftian and Subject, where the welfare of the King and Pub-
lick are concerned to be as willing to help the King as he would
himfelf.
And it cannot be deemed to be either unadvifedly or ill done by our
Englijh Fore-fathers or Predeceflbrs in the Houfe of Commons in Parliament,
in the Seventh year of the Reign of King Richard the Second ; when being
required of the King to give their Advice concerning a Peace to be made
with the King of France, And the Chancellor then laid. That the King ^Rot'ParJ.
himfelf could well do ityet for good will he would not, without their Knowledge
or Confent.
And it could not be Concluded without a Perfonal Interview of the King
of France, which for his Honour required great Charges, whereof he
Charged them of their Allegiance, to confult and give him Anfwer; unto
which they anfwering. That it hecomed not them to Intermeddle their Coun-
cil therein.
And therefore referred the whole Order thereof unto the King and his
Council.
And being urged again to anfwer whether they defired Peace or War for
one of them they muft clioofe; They anfwercd, Feace*
But
[44]
But when they underftood that the King of France defired that tlie King
lliould \io\dGuyen of him by Homage and bervicc; they knew not what to
fay, only they hoped that the King meant not to hold of the French Calicey
and other Territories gotten of them by the Sword ; whereunto when the
King replied, othenvife Peace could not he granted y and therefore willed
them to Choofe; They in the end rather defired Peace.
But Peace not enfuing or being to be had, and the King by his Chancellor
the next year after in Parliament, informing them how that the King was
Invironed with the French, Spanifh, Flemmings, and the Scots who ivere Con-
8 R. 2. Rot' federate, and had made great Preparations to dejlroy him and his People, ivhich
was like to enfue, unlej's fome means ivere ufed to refijl it-. That the King
Intended to hazard his own Perfon to whatfoever Peril which might jukily
encourage all Ejlates willingly to offer themfelves and what they had to
fuch defence.
And declared unto them the falfhood and treachery of the French in their
Treaty of Peace at Calice , when they finding the Englifli inclined to it, had
departed from their Offers.
The Lords and Commons when they found the Honour of the King
and Safety of the Nation fo deeply Ingaged, granted unto the King two
Fifteenths, Conditionally that a Moiety ol the fifteenth granted in the laft
Parliament be part of it; and fo as if the King go not in Perfon, or that Peace
he made the laH Fifteenth might Ceaje.
Can the fallen, rude, and ungodly Dutch (the moil of whofe Religion is
Trade, and all that can be gained by it) to maintain their Incroachments
upon our Brittifh Seas , obftinate Pride, and the greateil of Ingratitudes-;
Drown and lay under Water a great part of their Countries to preferve
the remainder from the fury of their Enemies ; endure the Adaults both by
Sea and Land of two of the mightieft Princes of Chriftendom ; fuffer their
undrowned Cities to be Taken and Garrifoned, and their People to lie under
all the Miferies of a Conquering p Over-running, and Ruining Army by
Land; Behold and fee their Banks of Treafure with their formerly great
Riches and Credits, for which they had Circled the Terreftrial Globe floating
upon the Seas, and like the Dead Bodies of the Slain of their People fud-
denly difappearing and finking, whilft the Inhabitants weeping as they
work, were fcarcely able when their numerous over-burdening Taxes were
paid to fupport their fad Souls in the Lodgings of their languifliing and care-
wafted Bodies with what was left them of their Gains i
And fhall not the Subjedts of England, for the Vindicating of their Sove-
raigns and the Nations long ago confirmed and allowed Rights in the Brit-
tijh Seas, for the Honour and Safety of the King and themlelves, Protedtion
of our Ifles and our Ships, which are not only the wooden Walls, but
glory thereof; and the Girdle of Strength encompafftng them, lay afide
their too often caufelefs Fears and Murmurings ; and out of their Luxury,
Pride, Peace, and Plenty, fpare that which may well be contributed towards
his and their own Aid and Affiftance?
Shall our Brittannia that was wont triumphantly to fit upon her Pro-
montories, looking into her Brittiff Seas, viewing her Glories, and en-
riching many Nations with her Merchandize; now like one affrighted ,
tremblingly look back, and behold the Divifions of her People at Land, rea-
dy to make her and.themfelves a Reproach and Hiffing to all Nations, fmali
and defpicable in the eyes of thofe which were accuftomed to honour her?
Shall the Tears lie upon her-Cheeks ? Shall Ihe cry out that her Friends have
dealt Treacheroufly with her, and are become her Enemies ? Shall flie recount
unto them how our Difcords at Land heretofore, made the Romans Mafters
both
[45]
both of our Seas and Land ; where the Conquerors confefled , That Dutn fin-
guli pugnant omnes "vincantur, That their greateft Advantage v as the Difagree-
ment of the Conquered ?
And will it not now be high time to believe what the Lords and Com-
mons in Parliament declared in their Petition to King Charles the Martyr^
for our Religion, Laws, and Liberties in the fourth year of his Reign, That
Jealoufies and DifircMions are apparent figns of God's difpleajure, and of en-
fuing Alijchiefs.
And that the Diftempers and Fermentation thereof more and more increa-
fing, may recall to our remembrance,
idow little thofe Fears and Jealoufies did profit M.Tt. Pryn, or his Adoring
th^Sozeratgnity, as he once called it, of Parliament; when he was afterwards
pull'd out of the Floufe of Commons, made a Prifoner, and driven to an ut-
ter Deteftation of their Arbitrary Power ?
Or of how little avail they were to the reftlefs fpirit of LeveW'mg John Lib-
burn, when he was after as much out oflove with the Republicans or Cromwel-
Hans, as he was once with them; and wrote his Book, entituled (if my me-
mory fail me not) Of the Opprefied Men in Chains: And alter his Cafliiering
out of the Army, Imprifonment, Balflings, and Trials at Law, lugged and
carried about with him Sir Edward Coke's Comment upon Magna Chart a, and
other Englifh Law-Books to no purpofe.
The Fears and Jealoufies which had gotten Pofielfion in the head of Alder-
man Andrews^ Lord Maior of London in thofe wickedly pernitious Times could
not refcue him from the Title of Anti-Chriji bellowed upon him by fome of
his own Party.
hvA Oliver Cromwell, before he took upon him the Title of ProteHor of \p&
herd of Villains, Regicides, Murtherers and Felons, was fairly threatned or
attempted to be Indidted for Ffigh Treafon by Cornet Vay^ againft the foolifh
Fancies of thCvcWat Tiler, Jack Cade, John of Ley den, or Majfianello rowling,
confounding, and never-relling Common^wealth.
Or how much did thofe Fears and Jealoufies benefit the City of London, or
advance their Trade or Riches; when in the late Rebellion they forfeited all
their Charters, and the Liberties which they had in more than 600 years laft
pall obtained of their Indulgent Soveraigns; Perjured themfelves, ruined
much of their Eftates by being (fome Good and Loyal Citizens excepted,
who could not be without great Sufferings) Inftrumental in the Ruine of ma-'
ny of the Nobility and Gentry^ their Debtors and Cuftomers betook them-
felves to Plunders and Sequellrations of honeller Men than themfelves, Pur-
chafed with others the Palaces and Lands of the King, Qipeen, Prince, Bilhops,
Nobility, and Delinquents, as they Riled them; for fighting againR Flis late
MajeRy, when they fought for him.
Bought at cheap Rates his Pidlures, and fold the Ornaments of his Chap-
pels, Plate, Copes, and VeRments, not fparing the Coats of his Guard of
JHalberdiers, pull'd down his Statue at the Royal Exchange, with the bafeR
and vileR Declaration put in the place of it. Exit Tyrannus Regum ultimus ;
took away or fpoiled the Statues of William the Conqueror, and all the fuc-
ceeding Kings of the Englifh Monarchy; which the love which they ought to
hear to Monarchy,might e're this time have perfwaded them to have fupplied.
When the Mercers Company of London had Revenue fuificient left in Lands
hy Sir Thomas Grefham Knight, that Prince of Merchants, the Founder of that
Royal Exchange, for the conRant Reparation thereof.
And to ho w little benefit and fmall accompt did their fears and wilfulnefs
come unto, when in the late Dreadful London Fire, when they might at the
firR in a little time have quenched it by Blowing up with Gun-Powder lefs
N than
[4^]
than Sixteen Houfes, or half a Street; they did fuffer it to rage and do what
it would from the later part of the Saturday Night until the latter part of the
Wednefday'^i^M next following ; until it had Burned in that City and its
large Suburbs little iefs than Twenty thoufand Houfes, with St. Fauds Ca-
thedral, and almoft a Hundred Churches ; and had not been fb unhappy if
the Owners and Neighbours liad taken the Advice, or hearkened to the ear-
neft Perfwafions of His Majefty •> who on foot laboured even at the Pumps,
and cryed out for Help amongll them, and did all he could to perfwade them
to take that better courfe to flop tiiat Fire ; but with other that gave the fame
advicCj was anfwercd (as the Duke of Tork was at his quenching the Fire at the
Temple, commanding an abfent Gentleman's Chamber to be Broken up to
preferve his Books and Writings, and prcferve'the contiguous Building from
Burning) that to blow up Houfes, or break open Doors was againif Magna.
Charta, and they might have Adtiohs brought againft them. And in the
interim whilfl they were fo diflrafted with their f ears, as all the Care they
took was to lugg and carry away their Goods into the Fields or Churches;
in the latter whereof the one helped to burn the other, and leave their own
or their Landlord's Houfes to the mercy of the Fire; which doing what it
pleafed, and raging fo impetuoufly, made, the whole City and_its Lines of
Communication, and the Circum ambient Air to be like an Oven over-heated,
as the numberlefs Sign Pofts with their Signs fell on fire , and leapt in Iheets
as it were from one Street to another, where it never had flopped until it had
deflroyed and Burnt all London and Wejlminjler., with at leaft 6ocoo Houles
therein, ifHis Majefly, and his Servants and Nobility indefatigably Night
and Day labouring amongfl the remaining fad-hearted People that tarried,
had not upon the Wednejday Night, or Tkurfday Morning next following,
put the Fire (by blowing up fome Houfes) to a Band; and taught and en-
couraged the then witlels over affrighted Citizens to fubdue tiiat mighty
Arbitrary Element.
Which City had been long after unbuilt, and left inter Ruder a ^ Cineres'y
a fad SpeTacleto the World, if tlie continued Cares of H is Majefty had not
by the Advice of his Parliaments f- refcued them from Beggery and almoft
endlefs Suits and Controverfies betwixt the Landlords and Tenants, con'-
cerning the Building up and Repair of their Houfes.
And laid the burden of the Lofs and Damage upon the Landlords, who
were many of the Nobility and Gentry, Colleges and Halls in the Uni-
verfities of Oxford and Cambridge, Companies of Trade, Hofpitals, fuch
as St. Bartholomew's y Chrijl Church, and St. Thomas in SouthwarkCum
multisaliis, Bycaufing them in confideration of the Tenants Rebuild-
ing their Burnt Houfes with Brick in a fafe and fubftantial way, to make
them long Lcafes of Forty or Fifty years; according to the feveral
Circumftances of Reafon, good Confcience, and Equity without any Exa-
mination of their foolifh Fears, in the faving of their Goods, and leaving
their Houfes to the fury of the Fire; which in a few years hath by the Rich
Tradefmens taking of five times more "Money with Apprentices than Fifty
years ago was accuftomed, amounting in the whole unto many Thoufands
of Pounds, and fome Mortgages; and the Sinful Liberty, and Arbitrary
Power which they have of late taken, in the raifing of their Prices, and aduF
terating and fophifticating all that they Sell, ftarving the Workmen, and
difparaging and falfifying all the Manufafture of the Kingdom; and fome
helps bctore-mentioned from His Majefty, together with bis Building of
Temple-Bar -, to the wonder of many at home, and all Nations that Merchan-
dize with her abroad, been moft beautifully Rebuilt, much better and
more glorious than it was before. And in the gorgeous Apparel and Attire of
themfelves.
[17]
themfelves, their Wives, and Children ; Stately Furniture of their Houfes,
and Expenceof Diet; having drawn a great part of the Riches of the Nation,
to their difpofe and command, do live like Lords, and their Wives like Coun-
teffes or great Ladies of Honour, wallow in Peace and Plenty, and it were
well they would be more thankful than they are unto God and their King
for it.
Shall we be afraid, becaufe things may be when we neither are or can be
fure that they are or will be, and terrific or moleft one another with the ap-
prehenfion or pofiTibility of it before-hand, when we might do better to
be quiet.
And if I Ihould now Inquire of you how they have arrived to the height
they now pofiefs, and become fo fermented as to be the Difeafe Epidemical of
the Nation; you will I make no queftion without any the lead of hefitation
or Icruple, return me an Anfwer, That it is the twice a Day vifited in
London (byalmoft every Tradefman, and many times by his Man, where
too often they do Brew and tun up Sedition and TiQzionjCoffee-Houfes,or: pra-
ting, Lying and Seditious Schools in London, its large Suburbs, and mod
of the Cities and Boroughs of the Nation, the Mart of Lies and Fools holts,
and Mr. Muddimans Cream of Intelligence, Communicated twice a Week by
his Letters to very many in divers Countries, who do largely Penfion him,
and to Countrey Coffee-Houfes that pay him'a very confiderable yearly Rent
for his State-Informations; where Ledtures being read, and Annotations made
upon them, and Guefles and Conje£bures rafhly heaped one upon another,
and put together ; Fa6fion fpreads her wings and carries it as fad as flie can
home unto too many of the Gentlemen and Farmer's Houfes: From whence
it comes to be Chewed over again at every Conventicle or Congregation
Meeting, and repeated at every Market or Country meetings, and at the
Feadsor Entertainments each of other; which multiplies their fancied Af-
frights and Dangers, and pleafeth them not a little, who would think them-
felves or their Tittle tattle Trade undone if they fhould but hear of any thing
(which they might often, if they would but confefs or underdand it} that is
well done either in the Church or State ; whereunto the Dijfenters or Cpnventi-
cle Nonconforming Miniders, do bring no fmall addition, who can as little hold
forth,or prove that they and their numerous Profelytes and followers are or
ever will be without converfion, either good Chridians or Subjeds, as they
can Evidence that gaping, winking,fnodling,face-making,howling,with as ma-
ny frantick gedures in their Pulpits, as the Heathen/<7/M/ci or Prieds were ac-
cudomed to make, are Efiential to Preaching ; or that all that they in their
Extempore traili , bable to their feduced People is by the Spirit or any
gift thereof; all that they in thofe Places or dations of teaching and promo-
ting Difobedience and Averfion to the King, and his Laws and Government,
can be Canonical; or if fo, how it fliould come to pafs that in that kind of
crude undigeded matter, there fliould be fo many Blafphemies, wredings and
abufes of Scripture', Tautologies, vain Repetitions, and ridiculous Stories, Ex-
prefFions and Exhortations to Sedition and Rebellion. The Produd whereof
hath fadly of late years appeared to have been not one,but many Shehds^Xovtrng
the Trumpets of Sedition, and Shimei's railing at. Lampooning and reviling our
David, by bafe calumniating libellous Papers without any Names fubfcribed,
put on his Table or Chair in his Clofet, or affixed in places in his Galleries or
Walks by thofe that would be call'd his Loyal and mod Obedient Subjeds,
or fuch as have been thereunto indigatcd by Jefuits to make their Soveraign
out oflove with them, or they with hirn, at the fame Time when his Sacred
Perfon hath been furrounded with Popifh Plots, by Pidolling, Stabbing, Poi-
foning, or Aflaflination; and thofe that are Trudy and Faithful to him, and
the
[.48]
the well-eftablifhed Government in Church and State, muft have no better
Titles than Tories^ Tantivies, or Fopijh affefted Pamphlets and Books to jufti-
fie and incite Sedition, Treaion and Rebellion, every day publickly Cryed in
the Streets, or Sold in the Book-fellers Shops.
All which the moft favage wild and Larbarous People or Nations of the
World, Jews, Pagan, Mahumetan , Latitudinarian , Papijl zwd'Profejiant ,
Religious Eaftern and Weftern Churches, and even the cheating Bannians
would difown, blulh at, beafhamedof, andhbhor.
Unto which our DifaRers both in Church and State have been great Addi-
tions, und Kindle Coles-, which have made not only many that have fome
Learning. zndOiXQ. ex me li or i hit o, better born .and bred; but the A'iechamek
and Illiterate part of the People , to take themfelves to be a kind olStatO'
Mender s,zx\^ to make their fmall Capacities the rule and meafure of their foolifli
PrognoRicks, and are as like to hit the white or mark, as he that Rands without
the Doors of an Houfe a mile off it; and undertakes ofhimfelf without the help
or Information of the Inhabitants to know vdiat is every day and night,hour cr
minute thereof done within the Houfe; or as feme Mountebank Phyfitian, who
without the Aid or Sight of the Patient, or any Inquiry into the Symptoms,
Indications or Progreis of the Difeafe, fliould promife a never-failing Cure of
his Sicknefs or Diltemper; and may as little deferve his Fee, as a Lawyer who
fhould adventure to give his Opinion, or diredt his Client how to proceed in
his Albion or Suit, without any knowledge at all of the Faft.
So as thofe State Almanack-makers, by fuch an Extravagant and incertaim
Ephemeris, would do well to be more modeR and cautious in their Opinions,
and not to expofe the Honour of their King and Soveraign to the foolifli and
ill-digeRed Cenfures of themfelves and others ; and make themfelves the Con-
"duit-Pipes to convey their Follies to the more Ignorant part of the People;
who although by Gods mercy to a caufelefs murmuring Nation, from the
Winter to the Spring, from t\it Spring to the Summer, from the Summer to the
Autumn, and from the time to theA/lrrz'fT?, whenthe Valleys fing, and the
Earth is loaden with the Increajel^hereof, and fe all along; not for one but
many years together they might underltand how otten they have finned a-
gainR the Divine Mercy and Providence by their Complaints of the weather,
too hot,too cold,too wet,too windy,too dry; fo as fcarce one day in every ten of
the year,can get an univerfal liking or good word of the ways of God's Provi-
dence; and fliould when they have found themfelves every year fo often and
fo greatly miRaken, be once alhamed, and forfake that unquietnefs of Spirit,
will notwithRanding not only continue thofe their mif-doings and humours
in the Cafe of God Almighty, as a Cuflom or Privilege belonging to their
Farms and Husbandry; but in the height of all their Peace (without which
their Plenty would be blaRed) fo very much traduce, fcandalize, and miflike
the Royal Cares of their King and God's Vicegerent, and be fo unjuR and un-
reafonable in their Complaints and fault findings, as.though they fit under
their own Vines, eat the fat of the flock, lye down upon their beds of Ivory, fing
to the Harp, rife up to playenjoy a Peace and Plenty to a Surfeit, and the
Envy of all their Neighbours , and may Weekly read and hear of the Mife-
ries and Sufferings of many Neighbour Nations by Wars and Invafions of
one another; yet they muR never be contented, but be every day, and very
often in every day finding fault with the Government. As if the Govern-
ment of the King, and the Government of the King of Kings, as to the wea-
ther, were always to be blamed.
WhilR they ought rather to be fo careful of themfelves and their PoRerities,
as to abominate thofe foolifli ways of cenfuring Authority ; and to take heed
that God do not Punifli us for our unthankfulnels,and abufing his fo many and
all forts of Mercies under a Prince. Who
[49]
Who befidesall his other Royal Cares and Concelfioiis, added unto thoie
of his famous great Anceftors and Predeceflbrs, Kings and Queens of this
Realm, for the Prefervationof his Peoples Liberties and Properties; did no
longer ago than in the 31^'^ year of his Reign j for the better fecuring of the
Liberties of his Subjects in their Perfons, and prevention of Imprifonments,
by fending them in Cuftody to fome of the Iflands; confented unto an Aft of
Parliament under great Severities, Forfeitures and Penalties to be inflifted
upon fuch as fliould Imprifon or Detain any Man after an Haheas Corpus
brought, as well in the Vacations as Terms.
And fo far extended it, as upon the Committing of any Man Prifoner by
himfelf or the Lords of his Privy Council, Lord Chamber lain, or other great
Officers of his Houfliold, they are allowed to be Bailed by the King's Jultices *
of his Superiour Courts of Juftice ; although when they themfelves ffiall, as
they do often. Commit or Imprifon any man by their Delegated and Deriva-
tive Power from the King, only they are not at all obliged to difchatge any
fudiOffenders upon Writs of Habeas Corpus.
And by that and thofe multitudes of former Provifions which our Kings and
their Laws have made for the good and fafety of their People from all the in-
curfions of Arbitrary Power, fliould not forget that there is not fo much as an
Imaginary fear or danger that any Subjeft oi England can be injured by any
Arbitrary Power or otherwife; for which a prefent and fudden Remedy may
not be quickly had or provided ; and that it is now a received Maxim in our
Common Law, That the King can do no wrong; and that, idpoteft quodde Jure
poteH. So that there are very few, unlefs fuch as would have the King to be
as liable (which our Laws did always forbid) to Coertions, Arrefts, or Pu-
nifliments, as the moft ordinary or meaneft of his Subjefts are or ought to be,
or can be fo ignorant in the courfe or Proceedings of our Laws ; but may un*
derftand. That if he fliould caufe any to beat or do any Injury or Trefpafs
to any of his Subjefts, the Parties or Agents are by his and our own Laws
to be refponfible for it.
And believe that King James, who had reafon to underftartd Government
and Affairs of State better than fuch kind of People, did not err or fay amifs in
his Anfwer in the 19^''year of his Reign to a Petition to the Houfeof Com-
mons in Parliament, when he declared unto them, That None could have Wif-
dom to Judge of things of that Nature, but fuch as are duely acquainted with
the particulars of Treaties, and of the variable and fixed Connexions of the df-
fairs of State, together with the knowledge of the Secret ways, ends and inten-
tions of Princes in their feveral Negotiations; otherwife a fmall miflaking
of Matters of that Nature might produce more and worfe effebls than can
be Imagined.
And remember that if Impoffibilities could be poffible, and every one that
fooliflily fancies himfelf to be able, could be able to manage or Judge of State
Aflairs; yet we have no Laws that do allow every Man (Coblers and Illite-
rate men not excepted) to be a Statefman.
And that St. Jude reprehending thofe that defpifed Dominions, and fpeak evil
of Dignities; gives US the Original from * whence it comes, for that they fpeak * Epiflk of
evil of thofe things they know not. intlo'
And therefore if they would but once refol ve to be more obedient, feek and
embrace Peace and Humility more than they do; and follow the Council of
the Apoftle St. Paul, to abftain from thofe that make Divifions;
And not take every thing that they do hear from foolifli lying or malitious
Tongues, rackets and rebounds, to be a certainty of Truth, when there is no.
thing at all to fupport it; unlefs they will acknowledge that their underffand-
ing memories, and fenfes, are by the vain and incertain Imaginatidns'of Pears
O a.nd
C5°3,
and groundlefs Jealpufies, mifguided and led into a Frenzy; or otherwife that
they would under thofe Pretences hide and cover their very wicked Dcfignsj
until they can be effected, and feduce as many as they can into their Party, to
help to go through with it: might acquiefce in the Opinions,Duty,Allegiance,
Underftanding Reafon and Senfc of many Counties, Cities and Boroughs of
this Kingdom ; who upon the reading ol his Majeftie's Declaration, fliewing
the Reafons and Caufes of his Diffolving the laft Parliament, and His Majeftie s
firm and fixed refolution to maintain the Religion and Monarchical Govern-
ment of this Kingdom, now by Law eftabliflied, have by their many feveral
Addreffes made their dutiful acknowledgments for His Majeftie's Grace and
Favour therein, and the happy Government Peace and Plenty wherein they
have lived fince His Majeftie's happy Reftauration ; humbly offering to defend
the Rights and Prerogative of lus Crown with their Lives and Eltates, and
concurring with them therein.
Believe that when they have tired themfelves with their feaverifh
Dreams and Fancies, and are awake and ftiall come to themfelves, they will
upon a more knowing and fober inqueft, readily find that there are more Dan-
gers and Mifphiefs like to happen by Atheijh, Dehauchees^^nd Latitudinarians,
not a few of the Sedtaries, and no fmall number of the wild headed OpinioK-
Mongers; whofe giddy Notions makes every thing that tends to their Intereft
or Conveniency to be Religion enough, and are fo near Neighbours to Po-
pery, as if not fpeedily prevented, are like to gulf into it, than there is of any
Inundation of Arbitrary Power, or of the Common fort of VnjefuiteclPoypf^^y ;
and that Popery it fell would much abate, if the Atheifls, Latitudinarians, and
Debauchees, and the daily Qnarrellers with our Church and State Government
would better regulate their brains, and not make themfelves fo much as they
liave done the Seminary Seed-Plot, and Nurfery of it.
And it may be a wonder beyond the Seven Wonders of England, and more
than an hundred added thereunto. That by a ftrange Effajcination^ fo great
a part of the Nation, after that they might well have underftood his juft and
liappy Government all the time of his Reign: had moft wickedly Rebelled
againftHis late Majefty their Soveraign, vanquiflfd and procured him in the
hopes of Peace, to deliver up unto them the remainders of his Strength and
Garrifons; Viz. Oxford, Newark, Worcefler, and Wallingford; Imprifoned not-
withftanding, and hunted him to Death, and brought him upon a Scaffold be-
fore his own Houfe or Palace at White-hall, to be barbaroufly Murthered.
Where he declared to the Soldiers, Army, Ofticers,and Spedbators after he had
received the blefled Sacrament, Adminiftred unto him by the Pious and Reve-
rend Dr. Juxon Bifhop of London-, and performed his other Devotions Prepara-
tory to a near approaching Death, in his dying and laft words, which ought to
be believed by all that had any thing of Humanity,or were ever but Chriji'nedi
That as to his Religion, He died a Christian , according to the Profejfion of the
Church c/England, and found it left him by his Father.
That he defired the Peoples Liberty and Freedom as much as any body whofo-
ever, but he muji tell them that their Liberty and Freedom confjis in having of
Government thoje Laws, by which their Lives and their Goods may be mojl their
own : It IS not for having fbare in Government, that is nothingpertaining to them,
A SubjeB and a Soveraign are clear different things, and therefore until they do
that, I mean that you do put the People in that Liberty, as I fay, certainly they
will never enjoy themfelves.
It was for this, that now I am come here; if I would have given way to an Ar-
litrary way, for to have all Laws changed according to the Power of the Sword,
I needed not to have come here. And therefore I tell you (and I pray God it be
not laid to your charge^ that I am the Martyr of the People.
That
[50
That in Head of a never enough to I e repeated Repentance, with as much
fatisfaftion as was poflible to make it available (not by fowingthe Seeds of
another llebeliion) they ihould be lo Sottijh (which is more than a Frenzy or
Lunacy, Vvliich lomcnmes ailoweth Intervals of underftanding, or coming
again unto themfclvcs) as not only to continue thofe Fears and Jealouries,
but to hatch new and greater Additions unto them, which in mold of the
feduced Multitude can have no other Ground or Foundation than their Igno-
rance,Folly, and lilefion ; and in the lefler number of that Party their Villany,
Treafon,and a Propenfity to A£t over again a fecond Rebellion to fiipport them.
Can they read or hear that the Turks or Mahometans in their ignorance do
no fooner find the lead piece of Paper, or any other thing, with any writing
upon it, but learing tiiat it may be fome note or difcovery of their Sins which
might be carried to God Almighty, or their great Prophet Mahomet, do make
as Bufhequius relateth, all the haft they can to burn or deftroy it ?
And at the fame time write, and hire to write, print, publilh, and permit to
be Cryed and Sold in the Streets, Pamphlets, and Books to juftifiS as much as
they can tiieir Perjuries, Sedition, Treafon, Rebellion, and the Murther of
His Majeftie's Royal Father, with all manner oflnvedbives againft the Govern-
ment of Church and State; do they read or hear that Athens, once the glory
ofLearningand Wildom, is by her variety of Humours, and change ot Go-
vernment (do what the Sage could) now become a poor Fijher
under the Ottomans boundlels Arbitrary Power and Slavery, and that the ftout
hearted Spartans without \S\eivt Ephori ox King-Comptrollers, arc now under as
fad and flavifli a condition; and yet perftft in their reftlefi murmurings ?
Or can they find any Reafon or Juftice, or fo much as a colour of either of
them to charge an Arbitrary Tower, or faults of Government upon their King
or Soveraign, when they will fo little obey his Laws and Statutes, as they do
all they can to contemn, over-turn, trample upon, and change them from better
to worfe; from the belt of Monarchies to the worft of Anarchies >
When their King can do no more than make or ordain good and wholefom
Laws, which with our lormer Laws are as Sir Edward Coke hath faid, the
Qaintejfence ot beft of all Law s in the World, and his Subjeds will not obey
them, or the direftions and care of his CommiftTionated Judges and Ofticers ;
but will amongft themlelves ufe Arbitrary Power, cheat, opprefs and devour
one anotner, and can but do w hat he can, and pray to God to give them grace
to oblerve them, and may in that Cafe fay as a King of Ifrael in another Cafe
did to the Woman in the great Famine ok Samaria, crying out unto him as he
pafted upon the Wall, Help my Lord, 0 King ; and he faid. If the Lord do not
help thee, whence Jhall I help thee ?
And until they lhall have brought themfelves to a better Temper, it will
not alfo be a thing unlikely, but that I having faid fo much to allay their
Fears and Jealoufies may ho tenter hooked^ by iome of their Sulpitions, bund-
led up amongft their no few or unufual miilakes, and made to be either a Pa-
pift or Court Parajite ; but when they fliall have fearched the. Devils Regi-
fteries, and examined, pryed, peeped into, and Infpeded all my Adions
from my youth upwards, muft whether they have a mind unto it or not,
give me leave to tell them , and prove, what you do know as well as my
lelf, that I am ooPapUt, no Court Parafite., nor Flatterer of any Man ; and
that they will not be a little miftaken if they lliall think that 1 am not a very
Loyal Subjeft of my King, Dutiful Son of the Church ok England, or not
averfe to an Arbitrary Power, or that I can be any thing elfe then a Lover of
the Truth, my King, the Church of England^ and my Countrey ; and being
alfo an honourer of your felf in your doing the lfte,lhalldefirealways to conti-
rue under the Charadter thereof, and
17th. Lour mojl Affeliionate Friend and Servant,
i68i.
FINIS.
. --.Jr-
.i / " ^ r-
... i ^ ' -J
Errata In the Authors ablence.
V
Ace i61ine "r.for read, you are very folicitous for the Churchy p.-9. lirezS.tead
^put-y p. lO.line 5 i. rCad difcent^ p.40' Tt>as^ read did^ dele as jlje^ et p.-i-i.
adt fK ntadcf et readw.ifef. ~ .
I « <
CO
s u m m a r y
OF THE
acts
OF THE
parliaments
O F
SCOTLAND
AGAINST
auD
'Mprimis. Bv an Ad of Parliament of Q.Mary made at Edenhur^h the 24 AiKrufl:^
1560. Popery is abolifcd.
jjl Item. By ;Jie Seconsl Ad i ParL 'Jac. 6. 1567. the before mentioned Ad is ra-
tified, and it is further declared and Ordained, that no Subjed of Scotland lute or defire
title or right of the Bifhop of Rome., or his Sed, to any thing within the Realm, un-
derthe pains of Profcription, BaniQiment, and never to bruke Honour, Office nor
Dignity within the Kingdom, and the Defenders of fuch, or Furnifhers of them
vith Money, rhall incurre the lame Punifliments, and the Contriveners hereof to be
ppxecded^gainft by thejuftice.
By another Ad of Maries made at Ed. the 24 of Augujl^ 1560. all former Ads
of Pari, contrary to the Word of God, Proteftant Principles, and Confeffion of Faith
of the Church or Scotland, are annulled.
It. Bvthe 5 Ad i Par. J a. 6., 1567. thislaft mentioned Ad of Maries isra-
tified, being verbatim repeated, andAhe 26 Articles of the Confeffion of Faith infert as
they were ^proven by Pari, in Q^^Maries Reign on the 17 Augufi, 1560.
it. By tire ^ Ad Pari. rhade at Ed. 1'^ Augufi,\ e^6o. it is flatute and
ordained, that no manner of perfon or perlbns, fay, hear, or be prefent at Mais, under
pain of Confifcation of their Moveables and Unmoveables, and punifhing their Bo-
dies at.the difcretion of the Magiftrates for the firft fault, of Banifliment out of the'
Realm for the fecond fault, and of Death for the third fault.
It. By the 5 Ad i Pari. Ja. 6. this Immediate foregoing Ad js ratified.
It. By the 6 Ad i Pari. 'Ja. 6. 1 <67. it is declared that whoever gainfays the Con-
feffion of Faith profefied in the Pari. 1560. and more particularly expreifed and ra-
tified in the preient Pari. 1567. or refufes the participation of the Sacraments as they
are now adminiftred, are no members <A the Kirk of Scotland.
It. By the 8 Ad i Pari. Jac. 6.1567. It is declared, that the increale, of vertuo
and Suppreffing Idolatry craves that the Prince and People be of one perfed Religion,
which is now of Gods mercy prefently profefied within this Realm. Therefore it
is Statute and ordained, that all Kings Princes or Magiffrates whatfoev^er, holding
A their
their places, which hereafter in any time fliali happen to Reign, and bear rule over
this Realm, at the time of their Coronation and receipt of ther Princely Authority,
make their faithfull promife by Oa,th, that during their lives they lhall ferve God ac-
cording to the true Religion,and maintain it and the right adminillrration of the Sacra-
ments now received >ind Preached within this Realm, and lhall aboliila and gainftand
all falie Religion coritfary to the lame, drc.
It. By the 2 5 Afl:"2 Pari. Ja. 6. 1571. all the above mentioned Afts arc ratified.
It. By the 4$ A£l 3 Pari. 'Ja. 6. the^above noted 6 Ad i Pari. ''j.t. 6. is ra-
tificd: and it is Rnther enadled that all fufped a^^^i relapfe Papifts be warned,according
to the Order Of the Kirk ; and if Ihey 'be forth of tl ie Realm on threeieore dayes to recant
their PapilHcal errors, give tlie Confellion othheir Faith according to the Form ap-
pointed and approved in Parliamdit, under the" "pafn of Excommunication ; and it is
further declared that all obftinate relaple perlbrjs who have returned to their Errors
after profelTing the true Religion, are and fhall be repute and efteemed Infamous, and
unable to lit or Hand in Judgment, puriiie, bear Office, nor be admitted as WitnelTes
or Affizers againft' any profeffing the true Religion ; which being alledged be fuiii-
cient to decline them from Office, &c.
It. By the 27 Ad Pari. 3. Jam. 6. 1572. It is declared, that the true Religion, and
tlie Kings Authority, are fo joyned, as the hurt of the one is common to b^oth, and
therefufe Statutes that none lhall be repute Loyall Subjed^, but be punil liable as
Rebellers, and gainftanders of the lame, who lhall not give Confeffion, and make
profelhon of the true Religion ; and that none that hath made defedion therefrom be
readmitted to the Kings mercy, but fuch as give of new the Confeffion of their Faith,
and promife to continue in the profeffion of the true Religion, and maintain it and
the Preachers and profelTors of it, againft whatlbever enemies, and gainftanders :
and Namely,'againft whatlbever Nation, Eftate, or degree they be that affift to fet
forward or execute the Decrees of the Cruel Councill ol Trent.
It. By the 61 Ad of the 5 Parliament of Jac. 6. the King being of perfed Age, all
the before mentioned Ads are fatified.
7r, By.the68. Ad of the 6 Parliament oljac.6. all the before mentioned Ads are
ratified. ,
■ It. By the 99 Ad of the 7 Pari, of James 6. all the foregoing Ads are Ratified.
It. Byy.the 106 Ad of the 7 Parliament of James 6. it is ftatute. That none of the
Kings Subjeds, or Strangers, ( excepting AmbalTadors, MelTengers, or Merchants )
Adverlaries to the true Religion, or that hath declined therefrom, return to the Realm,
or remain therein, except within forty days they give Confeffion of their Eaith, and
fubfcribe the. Articles of^ the true Religion, and tliat in the Interim, none of them Re-
pair to the Kings preience. Palace, or dwelling Houle, nor remain longer than three
Iiours within leven miles of them ; and whoever fails herein, fhall be imprilbn'd,
iintill they find Surety,. that they llrall either Recant their Errors, and profefs the true
Religion, or depart forth of the Realm within 15 days thereafter, and that in the
mean time they lhall do nothing for the promoting the Popilli Errours.
It. By the 23 Ad, 10 Pari. Jac. 6. all the foregoing Ads are ratified aft&r the Kings
perfed age of 21 years. _ '
It. By the 114 Ad, 12 Pari. oIJac..6. all the foregoing Ads are ratified, and feveral
priviledges granted to the Kirk.
It. By the 120 Ady 12 Parliament Jac. 6. It is declared, that the laying of Maifes,
recepting of Jefuits, Seminary Priefts, and trafficquing Papifts, doth Iriferre the
pain,cfTreafon.
It, By the 164 Ad of the 13 Pari, of J a. 6. It is ftatute, that whatever perlbn
lays Mafs, or Recepts or entertains for three nights, at leveral times, or together,
excommunicate Jefiiites, or Trafficquing Papifts, lhall lole his Elcheat for the firft:
fault; for the fecond time lliall Amit their Life-rent right of their whole Eftate, and
for the third time lhall incurre the pain of Trealbn.
It. By the 193 Ad of the 14 Pari, of Ja. 6. It is ftatute, that all wilfull hearers of
Mafs, and Concealers of it, be execute to death.
It. By
It. By the 8 Act of the firft Pari, of Char. 2. 1661. Icisfiratute, that none of his
Maiefties Subjects, of what quality or degree fbever, hear MaG, fupply, entertain, fur-
niih meat or drink, nor keep any Intelligence or Correfpondence with Priefts, Jeiuits,-
or Tradicquing Papifts, under the pains contained in the Laws andAfts of Parlia-
merit made on that behalf which is death, as may appear by the aforementioned
A'fts of Parliament.
The Ekyoith Act of the firfi Parliament of IQng Charles the Second., 1661.
Act for taking the Oath of Allegiance.
OUr Sovereign Lord being truely fcnfible of the many Sufferings and fad , Con-
Rifions, that his dutiful and ^Loyal Subjeds have been brought under during
tliele troubles,; and defirous that his Royal Government, in .its due Adminiftration,
may be refrelhing and Comfortable unto them AikI conceiving it neceffary for that
end, and for the honour and advancement of his own Service, the Welfare and Hap-
pineG of his Subjeds, and the peace and quiet of this Kingcbm, that the places of
of Publique Truft (which be the Channels and Conduits by which his Majefties
Government is conveyed unto his People, ) be fiipplyed and exerciied by perfons of
known Integrity, Abilities and Loyalty : Do therefore declare j That it is and will
be his Majcfties Royal Care, that tlioie whom (according to the undoubted right of
the Crown) he hath, or fliall think fit to call to his Councels, or any publiclc Im-
ployments, fliall be fo qualified: And that for the full fatisfa(fion of all his good
Subjeds, and for removing any Scruples or Jealoufies can arife upon this acccount^
tliey fl7all before their admittance to, or exercife of any inch Truff, Give.fuch publick
teftiniony of their Duty and Loyalty, as may evidence to the world, they are fuch
as the Kingdom, and all honell men and good Subjeds may juftly confide in. And
therefore the Kings Majefty, with Advice and Confent of his Efiates of Peers had,
Dotli Statute and Ordain, That all and whatfbever peribn or perfons, who are or
fball be Nominate by his Majefty, to be his Oilicers of State, of his Privy Council,
Seffion or Exchequer, Juftice General, Admiral, Sheriffs, Commiffaries, and their
Deputies, and Clerks; and all Magiftrates, and Council of Royal Burghes, at their
admilTion to their feveral Offices, and before they offer to exerce the fame, fhall
take and fwear the Oath of Allegiance, hereunto fubjoyned : And alfo that all other-
•perfons, whofliall be required by his Majeffies Privy Council, or any having Au-
thority from them, fhall be obliged to take and fwear the fame.
The Oath of Allegiance.
For tefifcation of my faithful Oiedience to my mofi Gracious and redoulted
Charles Kjng 0/ Great Britain, France and Ireland, Defender of the
Faith, &c. Affirm, teftifie and de-^lare, by this my Solemn Oath, that I acknowledge my
faid Sovereign only Supreme Governoiir of this IQngdom,,over all Perfons, and in ail Caufes i
And that no Forrein Prince, Power, State, or Perfon, Civil or Ecclefiafick, hath any
fur if diet ion, Power or Superiority over the fame. And therefore 1 do utterly Renoimce
and for fake all For reign Power, fur if diet ions and Authorities : And jhall^t my utmojl
Power, defend, aff(l and maintain his Majejlies furifdiclion, forefend againfl all deadly
enemies : And fall never decline, hii Majejlies Power and furifdtilion : As I fhall anfwer
to God. ^
Note, That the Confeffion of Faith, and Dodrine Believed, and profeffed by the
Proteftants in Scotland, in Twenty fix Articles, were ratified by the Three Eftates
at Edenhurgh, Aug. 17. 1560. and exhibited to the King, and fame Eftates in Par-
liament, and by their publick Votes authorized as a Dodrine grounded on the In-
fallible Word of God, Decemh. 15. 1567. which was the firft Parliament of King
fames the fixth, as may be feen in the fourth Ad, or Chapter of the Statutes
then
4Z?-
then made: By the fame Parlianlent, the following Chapters, or Statutes were
enacled, viz.
1. For nhoh^jing the Popes ufurped Authorityj and the Laivs formerly made againft Gods
yVord. Chap. 2.8c
2. For Confirmation of the faid Confefflon. Chap. 4.
For abolijhingthe Mafs. Chap. 5*
4. For Declaring the true and holy Kjrke. Chap. 6.
5. For Adm'ffon of Minifers. Chap. 7*
And according to thefe Acts, the Coronation Oath, which here follows, tranlcribe'd
out of the Eighth Aft,or Chapter of that Parliament, muft needs be underftood, when
it requires the King to Maintain the true Rehgwn, Preaching of the Word, and Admi-
niftration of the Sacraments, then received and preached in the Realm ;
The Title of the Eighth Aft, or Chapter, and the Aft it felf follows in thefe words :
8. Anient the Kfigs Oath to he gtven at Ins Coronatm.
Item. Becaufe that the encreafe of Virtue and Suppreffion of Idolatry craves that the
Prince and the People be of one perfeft Religion, which of Gods Mercy is now pre-
lently profelTed within this.Realm, Therefore it is Statute and Ordained, by our
Sovereign Lord, My Lord Regent, and Three Eftates of this prefent Parliament,
That all Kings and Princes, or Magiftrates whatfoever, holding their Place, which
hereafter at any time Hiall happen to Reign or bear Rule over this Realm, at the
time of their Coronation, and Receipt of their princely Authority, make their
faithful promile by Oath, in the preience of the Eternal God, that enduring the
whole Courleof their Lives, theylhall lerve the fame Eternal God, to the uttermoft
of their power^ according as he hath required in his moft holy Word, revealed and
Contained in the New, and Old Teftaments, and according to the fame Word fhali
maintain the True Religion of Chriftjefus, the Preaching of his Holy Word, and
due and right Adminiftration of the Sacraments, now^ Received and Preached with-
in this Realm : and fhall Abplifli and gainftand all falle Religion contrary to the
> lame, and fhall Rule the people committed to his charge according to the Will and
Command of God revealed in his forefaid Word, and according to the laudable Laws
and Conftitutions received in this Realm no wnfe Repugnant to the faid Word of the
Eternal God, and fnall procure to the uttermoft of their power, to the Kirk of God,
and whole Chriftian People, true and perfeft. peace in all time to come: the Rights
' and Rents with all juft Priviledges of the Crown of Scotland toprelerve, and keep
* inviolated, neither fhall they transferr or alienate the fame. They fliall forbid and
reprefs in all eftates and degrees, Reife, Opprelfion, and all kind of wrong : In all
Judgements they ftiall Command and procure that Juftice and Equity be keeped to,
all Creatures without exception, as the,Lord and Father of Mercies be Merciflill^o
them: And out of their Lands and Empire they fhall be carefiil to Root out all He-
refies, and enemies tbthe True Worfliip of God, tliat fhall be convift of the true'
Kirk of God of the afoiefaid Crimes; and that they ihall faithfully affirm the things
above written wnth their Solemn Oath. ^
Chap. 9. Provides, th^t no perfon may be Judge, Procurator, or Member of Court,
or Notary, wh^profeffes not the true Religion.
FINIS.
'4
AYTOKATAKPltOI.
OR, THE
Jefuits condemmed by their own Witnefs.
Being an Account of the
JeCuits $;ttnciple0.
In the matter of
Eq_UIVOCATION,
The Popes Power To Depose Princes,
The King-Killing Doctrine.
Out of a Book Entitulcd
AN ACCOUNT
' ' J
I
O F T H E
/
Jefuits Life and Do£frine.
By JM.G. [[ a Jeiuit ] Printed in the Year 16^ i. And found
in pofleflion of one of the five Jefuits Executed on
the 20th of June laft paft.
Together, with
Some Animadverfions on thofe paflages, fliewing, that by the Account
there given of their Dodrine in the three points above-mentioned,
thofe Jefuits lately' Executed, were, in probability, guilty of the
Treafons for which they fuffered, and died Equivocating.*
JajpiidentijJimui^ eji Jefiitas, Untanim veritaUtm lucem co»tumeliofam fibi dicerc^
qu4i alii ratione fama eorum faha efe non pojjit, nift omnes homines c£cos
faciant, ^ vel mente vel memoria fpelient.
L 0 2SID 0 N:
Printed for Qhdrles Harder, over againft St, Dunjians Church
in Fketftreet, Mdclxxix.
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PREFACE-
N C E the Sophiflry of the five Jefuits Utely executed^ in their
dying Speeches y huth been Already over and over convincingly
difcovered to the World by abler hands 5 and thus the main end
of thefe PaperSy which was to difabufe the credulity of honeft well
meaning peopley is obtained. I take my feIf obliged to (atufie
the Readery thai it is not without reafon that I have proceeded to make them
publick,
1 had made confiderable parogrefswy and almofl finifhedthefe remarksy before
the * two lajl and niofi fatisfaliory pieces on this SubjeS: tame to my fight. / Animadvcrfi-
had no defire to increafe the [warm of PamphletSy which the prefent licentious s"eeches
freedom of the Prefs fends abroad-^ and therefore upon reading the Impartial thejefuits,&c.
Confiderations, 1 refolved to fupprefs thefe PaperSy but heartily wifhed Impartial con-
I had been acquainted with the Learned Author of thofe Confiderati- fjf/speechcs"
ons, and with his intention to publifh themy that I might have imparted my ot the five Jc-
purpofe to him, who would have improved this Evidence to better advantage
than 1 have doncy or can do.
Having thus utterly laid a fide aU thoughts of Printingy or indeed offinifhing
what I had gone on [0 far with, I was prejfed by a worthy Friend not to defifty
for that thefe Papers would not be wholly unneceffary or unferviceable, in regard
my Medium was altogether newy and untouched by all former Animadverters ;
and it affords an Argument againfi the Englifli JefuitS in generaf and
Mr. Garven and his Fellow-fufferers in particulary which concludes.^ with
great probabilityy that they were guilty of the Treafons fworn againfi thewy
' mtwithftanding their obfttnate denial, and earnejl protefiations of their Jnno-
cenceat their Executtcny might and did die prevaricating.
There is extant in Englifli, a little 'Book, Intituledy An Account of the
Jciuits Life and Dodtrine, by M. G. Printed in the Year 1661. whs
ever was the Author , no doubt it was written by ordery and he had the ajfi-
fiance and direUion of the whole body of Englifli Jefuits, The defign of the
Book was to vindicate the Jefuits from fuch hard thoughts of them as both Pro-
tefiants , and the more moderate %pman- Catholicks had not undefervedly
entertained; and to reprefent them fa excellent and ufeful to Human Societyy
fo innocent and fo tittle dangerous, either for their principles or praBices to
Government, that they might fland fair for an equal fhare with other Roman-
Catholicks in the favour and clemency of his Majefy, who retained a kind re-
membrance of thofe good fervices had been done to his Father and himfelf by
feme of that Religion in the late Civil fVars. Thus much may be fairly colleBed
from the Preface, where he brags, that ' many of the Society were in his Ma-
^jeflies Campy where fome lofl their Lives, others being taken endured I^pri-
' fonment,andother hardfhip* That there is fcarceone Jefuit in England who
' cannot reckon fome of his nearefl Relations that died for his uMaje/ly, and that
' all that depended on the Jefuits fided with his tSiajefly, &C.
Tfow in order to begetlttng in other Roman-Catholtcks, as alfo in his Majefly
and the Government, the defired good opinion of the jefuits; It mufi be our
A Author}^
The Preface.
yiuthors firfl bufinefs to reprefefit to the befl aMjAntage the greAt TictyofX^w^-
titles Loyola their founder^ the excellent defignhe hAdin founding their Socie-
ty-i together with the admirable Rules and Orders of the Society^ to (hew the
bleffed fruits of the Inflitution, and what adv ant age sjboth Temporal and Spirt-
tuaf mankind reaps from the Labours of the Jefuits for their goody which our An-
thor performs witha great dealof Art in the firfl three Chapters of this Boek.
The remaining part of hii task was to evade with as much dexterity thofe >
bloody Objections that are made again(l the Jefuits FraCtices and Principlesy for
which they are decried^ not only by ProteflantSy but alfo by all fober Papifts- He
muft fo blanch over both their black and their crimfon ACiions and Doctrinesy
that they may appear never to have offended either tn deed or wordy but as tW'
nocenc of thofe horrid crimes wherewith all the world charges themy as is the
Child unborn. L.ydndreally hereWy in the remaining four Chaptersy he accymts
himfelf bravelyy and like a Jefuit, and hath approved himfelf an Artffi in fra-
ming and ufing Equivocationsy and may be turned loofe to all the tVorld.
In this brief account of their Life and DoCtriney you find the jum of whatever
can be faid either in honour or defence of the Society. And their Emtffaries
may furnifh themfelves here with tools to rivet the affections of their Votaries
and admirers • and to take off the prejudices of fuch othefs as are offended at
them
Among the five Jefuits lately Sxecutedy none ^laid the Orator for himfelfy
and the Societyy like Mr. Gawen, who very handfomely fummedupy ma few
wordsy the mofl that could be faid for the vindication ef both* And ^tis evi-
dent he borrowed that part of his Speech which contains the Apology both for
himfelf and them from our Author. It cannot be expcBed that fo fhort a dtf-
courfe fhould afford many Arguments to prove it , and yet 1 have four to offer
for it*
I. whereas Mr. citesK'mg Henry the fourth of Franccy the
Royal Grandfather of our prefent Gracious King, in a publick Orati-
on —faying, he was fatisfied with the Jefuits Dodlrine concerning
Kings, as believing it conformable to what the btft Doftors of the
Church taught. It is obfervabUythat our Author hath twice quoted the fame
paffage in Anfwer to the third ObjeUion , and hath cited no other pafjage out of
the whole Speech* He cites itfirfl with the very fame flour ifh that Mr.G^iWtn
p. 10(5. makes.- 1 prove, by the Authority of Wfwj'the great, our dear So-
veraigns Grandfather (muth flrefs lies on that Relation) who—faid, 1
am certain, that in averring and defending the Popes Authority,they
differ not from other Catholick Divines, And againy within four Pages,
p. no. This is that which King Henry the fourth faid, that he was fure Jefu-
its taught nothing in this matter which did differ from other Catho-
licks. It is one and the fame pajfagey with that cited by Mr. Gawen, though
he varies the Phrafcy and words it more pompoufiy in honour of the Society.
1, Doth Mr, Gawen deny that any Jefuit ever taught the DoClrine of kit-
ling KingSy except Mariana the Spanifb jefuit ? So did our Author before
himy only Mr, Gawen hath out-fiript our Apologifiy and fpeaks without Booky
ThatMr. Gii- inajferting, that Mariana defended it not abfolutely, but only proble-
matically. Hefaithy all the Authors of the Society, EXCEPTING
ONLY MARIANA"—teach the contrary. And whereas Mr, G^w en
p. 116. his Book was called in, and the opinion expunged,
p. 115- nsy the Society would gladly have called it in, and that their General.
took order to have the place corredled.
T As Mr, G^iVJcn complains. Is it not a fad thing, that for the rafh-
nefs of ONE MAN—a whole Religious Order fhould be fenten-
p. ii6, ced.^ So cur Author complains of thofey will have it, that the fault
« oT
The Preface.
of ANY ONE of the Society muft, like Original Sin, infed all for
ever, and unpardonably. Both you fee take care that the Society mny not
fujfer upon Mariana'j account.
4. Mr. Ga wen^ and our Apologifis^ agree in thcufe of a veord %>ery exotick
and um\uaf Mr. Gawen faith^ I never did in my life MACHINE
or contrive the Depofition, or Death of the King. Our Author tells
tes, that the Jefuits are prohibited advifing that it is lawful to kill p. iiy.
King or Princes, or MACHINE their Death. The word MA-
CHINE ii commonly^ in the Englifli Tongue, ufed as a Noun Subftan-
ftive, hut I am perftvaded there cannot be many inflances producedy be fide thefe
trvoy of its being made a Yeih.
And I thtnk it not impertinent to addy that the Book whence I tranfcribed
the following pajfagesy was bought among other "Books of one of the Jefutts Exe-
cuted with Mr. Gawen, and l am apt to belie've not one of the Jive but had it,
IJow in regard Mr. Gawen fo far honouredthu Account of thejefuits
Life and Doctrine, as to borrow^ what he [aid in vindication of hitnfelf and
hii Ordery thence, and one more, and probably all the ri^ of his Fellow-
Sufferers had tt, there is little reafon to doubt their approbation of it.
And the nature of the thing it felfy being an Apology, requires, that
the Account given of thofe fcandalons and horrid Doblrtnes held by the Je-
fuitSy fhouldbe as fatr, cant ions, and moderate as it could be contrived i nay,
that It fhould ( as 'tis apparent it doth ) mince the matter, and extenuate even
the com ',on and nniverfally received opinions of the Doctors of the Society, So
that we have reafon to behevey that Mr, Gawen and his Brethren held the
obje^ed Points to the height h of what this Author owns and allows y and did re'
nounce or difclaim them no further than he hath done: We cannot fuppofe their
Principles more moderate and innocent than they are here reprefented.
Hereupon 1 thought it might be of ufe for the further fatisfabiion of fuch ho-
nefl minds, as are apt over-eafily to credit whatever any plffon takes on hid
death { meafurtng others by their own integrity, and never cOnjtdering how
much their confctences may be debauched by bad Principles, and feared by fuitor
ble prabiices ) to reprejent the fentiments of the Jefuits in this Authors words,
who is an Sngltfh Jefuit, and an Apologtfi for them, and one that feems to have
been ingood credit and efleem with thefe very Perfons Executedjiine the 20th.
That they may fee how far one of the moft fober and moderate of themy even
while writing on purpofe to palliate their dangerous Principle, afferts the Do'
blrine of Equivocation and Mental Refervation, and the Popes power to Depofe
Princes, and withallhow faintly and ftllacioujly he denies the King-killing Do-
ctrine.
fThe Principles of thofe Executed, fo far as we can learn them from their
Speeches, are the very fame; however they cannot be reafonably fuppofed bet-
ter. than our \Muthors, Now there being a mofl Hellifb Plot againfl our King
and Religion, by Gods wonderful mercy, brought to light, and horrid Treafons
being exprejly and legally proved againfl them to the fatisfablion of the Court
and all impartial Auditors-, when they underfland rightly their Principles,thefe
honeft well-meaning Perfons, not only Protejlants, but even moderate Roman
Catholicks, will be more ready to credit the Kings Evidence, and be fatufiedin
the Juflice of the Kingdom, which is now mofl impudently traduced. xMnd
they will further fee caufe to believe that in their confident prote flattens of their
Innocence, thefe Jefuits made ufe of Equivocations and Mental Refervation, or
that fine (hift mentioned indeed by Mr. Gawen, but not renounced by any of
therefly material prolocution, i.e. To fpeak the words materially, fo as to
letter the found of them without intending that any thing fhould be jignified by
them, 'Tis apparent from the parages hereafter cited out of this Aecount of
The Preface.
the Jefaits Life and Dodirine, that the JefuiticalPrwciples neway rejlrain
men either from [nch Treafonahle T'raPlices^ or from thofe vtle ^rts ofconcea-
ling them.
The pajfages cited are all in the VI. Chapter of thii /iccount. In the cita-
Hon I have ufed allpojjible Fidelity- I have tranfcrihed them intire-, and at
they lie in order. I have omitted nothing hut the fecond OhjeHion and its An-
ftver, as net pertinent to my defign^i though liable enough to Animadverjian,
and feme reproaches cafi upon other Roman Catholicks and Protefiants, vehich
ferve no way for the Jefuits vindication.
I thought it was but necejfary to add fome ftriBures by way of Animadverji-
on^ on the pajfages J am forced to cite, for an Antidote againft thepoyfonous Do-
Urines which are contained in them, if 1 had not [aid all that might be ex-
felled, I have purpojely omitted many things^ being unwilling, without ne-
ceffity, to repeat what hath been already [aid by others; and withall, the re-
futation of this Author, is befide the main end and dejign of making thefe Pa-
fers publick, which is to make ufe of him as good evidence againft the Jefuits in
general, and efpecially againft thofe five laft Executed.
These papers were fent to the Prefs in the beginning of the
Vacation , but the delays they met with thereby have occafi-
oned their late and almoft unfeafonable appearance in Publick.
You are direded to the Page of the Account of the Jefuits Life and
Volirine, whei^e thefe paifages are cited, by the Figure over againft
them in the.Margin.
I^AGE i.Line 15. in the Paragraph. 1. 29. as Stater a xnorum doth. p. 172. p. 2.
I 1.30. inhisVMl-tW. andthe follotving Epijiles. \.'^y. which are as good. I.47. r.^-
lence. p,3.1.4. declared her tobe. not out of dread. \.'y2. for which this account.
p. 6.1. 42. Chafiel. p. y.X. 37. Loiola. p. S. 1.23. for the honour of the renowned. 1. 21.
blot out, Ipajfage. p. p. \.s^7. the Jefuits then had. p. il.l. 47. but they havepolitickly.
p. 14.1.7. their, p. 15* !• i^.themjelves.
In the Margin, p. i. dele/'. 172. p.^.].y. ubifupra, add ut. 1.3d. He quotes Oft-
ander, a violent Lutheran, charging the Calvinijis with a DoUrine they all renounce and ab-
hor. p. 8.1.6. Lincolns Letter in 8. p. do.
ERRATA.
Chap.
T
C ■ ]
C
HAP.
VI.
OhjeBions made againjl thefefuits DoBrine,
p. loo.
M.G.
F
ROM thefe Adverfaries, not of Learnings but of Truths pro^
ceed the Objettons again(i the Jefuits TDofirinet which I intend
to take notice of in thii Chapter.
Anfw. ACafuiftof the Society teacheth, That one accufed of a rambounnd'
Crime which cannot be legally provedhy the Accufer, [J.e. not becaufe ted in thejc-
falfly Objected, but for want of corroborating evidence ]] may not
only deny his crime, but alfo fay his Accufer lies and (landers him.
Thus our Author treats the Objeftors, and to be before-hand with
them, gives his Reader an Antidote againft all their Objedlions, by
faying, they proceed from the Adverfaries of Truth, /. e* as he de-
fcribes them in paragraph jufl: before, men who impugn the Jefuits
Doflrineby railing, clamors, forging and falfifying their Books,who
deferve no Anfwer, but in the Ancient Catholick way of confuting
obRinate Hercticks, by Fire, and the hand of the Hangman.
M, G. And their firft Objeliion is^ That the Jefuits teach the DoStrine of
Equivocation and Mental Rejervationsy and therefore cannot be trufled,
Anfw. The Objedion hath Truth in its antecedent, and Reafonin
its Confequence, which is firm and undeniable. All who teach and
pradlife thofe Arts of deceiving, viz. Equivocation and Mental Re-
fervation, are Perfons not to be trufted : ErgOy If the Jefuits teach
and pradlife fuch Arts ( which our Author denies not, but defends
them ) the Jefuits are pcrfons not to be trufted.
M. G. I anfwery the Jefuits teach nothing in this matter which is not the
common Do^rine of all Schools andVniverftieSy none excepted.
Anfw. How, none excepted ! I know not what Artifice can bring
him off without downright lying, for Proteftant Schools and Univer-
fities all exprefly condemn it.
M.G- fior do I fee how it can be deniedy unlefs we will fay that it is lawful
to Itey rfjStatera raorum for then we may infer as that Book dothy p. loi.
That it U clear they are in an errory who fcorning the name of a Lioy makeufe p. lyz;
of Equivocation. But that Author will not find any of his opiniony nor doth he
lejfen but increafe the difficulty.
{_Anfw. If the Author of maintain the lawfulnefs of
lying he doth ill. But I think he is much in the right, as to the mat-
ter of Equivocation, which is but another and a finer name for the
fame thing.
M. G. The fum therefore of the Dolirine concerning Equivocation is this'.
That it is always ill done to LyCy but net always ill to conceal the Truth by ambi-
guosa Speechy that isy Equivocation and Mental Re fervation.
Anfw. That is, in plain Englifti, a fimple, plain, old- faftiiqned Lie,
without either welt or guard is a fin: but a curious, new-fafliion'd,
artificial Lie, fuch as our Author faith the Jefuits, and all Catholick
Dcdfors, hold lawful, and fometimes neceifary, is no fin at all.
M, G. when there is a jufl caufe to conceal the Truthy then it is lawful
( fay the Divines ) to ufe ambiguous Speech 5 on the contraryy when there is
not a jufl caufe to conceal the Truthy then it is a fin to equivocate. Now when
B the
C i 3
the caufe to conceal the Truth is jujly or not^ dependeth on the particular ctr-
cum fiance of every occurrencefor vphich there is no rule can he fet.
/inftr. One will find it a very hard matter to catch a Jefuit without
a juft caufe to Equivocate or ufe Mental Rcfervation, if you confult
their Cafuifts on the Queftibn, when thferb is juft caufe, and when
not. But what need of a Cafuift to rcfolve it ? Our Author leaves
every man to jiidgfor himfelf,whether hehave'juftcaUfeor not; and
then no doubt,both themfelves and all that depend on them, will find
ca'ufes enough to juftifie the ufe of ambiguous fpeech when ever it
may do ihem fervice.
M. G. This is the Doctrine of Equivocation^vpherein the Society hath nothing
particiUkr but teaches that and only that^ in vphich hdth Catholick and Protefiant
VoBchrS 'agrk^.
A'ikfdo. Admirable Dbdtrine ! 'Tis much the Society (hoiild haVe
nothing particular iti it. if all Catholick Dodtors agree with them
lieteiri, the more is their (hame. But fure our honeft Country-man,
Jcfeph Bdrhsy a BenedtUthe Monk^ who Wrote a Book againft Equivoca-
tibh, was of another opinion: and one would be apt to think, that
the Sorhon DohlOr's^ who approved and commended Barns his Book, were
fo too. I am fuire he m'oft unconfcionably (landers the Proteftants in
^r'etehding their confent.
p 102. G. Ahion^ the Catholick Dolor's that teach this, are St. Auguftine,
S, ChVy foftome, St. Ambrofe, St. Thomas, and after him a Torrent of
School Divines.
'Ahfrde^. He had very ill luck to (tumble firft upon St. Augufline, 'tis
Com.iib.i.in pity St. had not lain in thdt place. St. Jerome indeed fpeaks
Ep.adGaiat, foUlcwhat favourably OUt of devotion to the Prince of Apoftles.main..
'uHimvero ft faiuihg that St. Peter was not in earneft reproved by St. Paul, and in vin-
muiltimm & dfcatiou of it wrote an Epiftleto St. Auguftine, citing feven Authors
afjmendamin fpj . but St. Auguftine^zxh fo baffled him in his VIIIs and lX,Epii.
I'Silraluos files-, that he made him weary of the Controverfie. It's true, about
dicecLt exem- St._Auguflines titne',-fOme Writers of good account, fpoke too favou-
de Men- offlcious Lies. But St. \j4uguftin€ * condemns all Lies with-
due.ad confent. out ckception, wheihct Perhtclous, Officious^ orjocofe, although hegrant
)iadm-Enchir latter are not fo damnable as the firil. And that Father
ad Laurent, falves the beft Arguments that could be urged in favour of Officious
Pf" ^&dfbi which as good as any, that Equivocation, or Mental Referva-
paftm. '' tion will bear. Perhaps a paflTage in his Book Contra Mendacium, might
Aug. contra ehcoirrkge our Apologifts Author ( for he cites at fecond hand^ to
Mendac.c.io. ^bufe that Father as a Patron of the Jefuitical Dodlrine, of conceal-
ih'g Truth by Equivocation and Mental refervation ; thepalTage is
this, ^Nfon ejl mend actum cum SIL EISfD O abfconditur F E RV M, fed
cith ^LOQfV ETf^DO promitUr FA LSV M. But this palTage makes
diredtly againft Mental Refervations and condemns them as Lies,
he faith. It is not a Lie, when T RV TH is concealed by SILENCE,
but'when FALSHOOD is vented by Speech. 'Tis evident that the on-
ly way of concealing Truth allowed by St. Auguftine, is filenced, and
he eftCems it a Lie to fpeak any thing that is falfe. Now in Mental
Rfe?fCrvati6n that which is uttered is abfolutely falfe, intended to de-
ceive, and in the judgment of the Jefuits'themfelves-,'would be a Lie
but for the help of a fecr^t reffervein the Speakers breaft, which can
no way alter the real quality of the propofition uttered.
That this muft be that Tathers meaning, will appeat by the occafi-
cn he had fo to determine in that point; the Prifcilliamjls defended
Lying
ill
^3^
c 3:
Lying as the Jefuits do Equivocation by the example of the Holy
Patriarchs, particularly of in the cafe of his Wife. St. Aw AiiquUergo
flin denies that i^brah/im Lied, he did not deny her robe his Wife, Jai'li^ailquii^
which had been a Lie, but declared to be his Sifter, which was true j dixit, tacm
he concealed the T ruth, but ipake Truth alfo. }mym.tng.
As he hath abufed St. Augnfthej who held it nbt lawful to Lie upon utijupr.
any account, no not to fave a Soul ; fo 1 am apt to believe he doth
AqumaSf whom he calls St. Thema4% For I find * Septdvedx impugning * Sepulveda de
the uCe of ambiguoUs Speech in giving evidence, faith that none of
the ancient and eminent Divines allow it, and before telling whom
he meant by thofe ancient Divines, expfefly faith, fuch was Thema4
KJiquinax, How he hath ufed St. chryfoftome and St, Ambrofe, 1 have
not had opportunities to examine,! fear ill enough •, he cites no place,
nor fo much as refers to any, and I believe quotes Fathers as he doth
ProteftantSupon truft, and from no very honeft Authors.
M. G. Among the frotefldnts Are diver's mentioned in the Proteftants
Apology, P. Martyr, Zuinglius, Willet, Melandthon, Luther, ^
MufculuS, And divers others cited At lengthy in the ySedtiono/
the 5 T ra(3:, under the letter M. number 76. and in the 70 5 page of the Im-
preffion. An. Dom. I608. Though of the Authors there cited^ feme rviU not
u[e the rtatne of Equivocation or Mental "liefervation, but call thefe doubtful
speeches Officioua Lies^ rohich notvotthflanding they fay one is Jometimes bound
ioufe: .Sf Luther, there citedf fattb of Kihab, and concludeth, that there is
an Officious Lie by which men provide for the fame and fafety of their Neigh-
bour, Igittir honeftuta ac pium mcndacium eft, ac potius cfficium cha-
f itatis appellandtitn. And Ofiander there cited, faith of the Calvinifts,
Hanc maximanfeu regulam habentGalvinift«,licere pro gloriS Chri-
fti mentiri. The Galvinifts have this for a ground, or principle, that it is
lartftil to Lie for the glory of Chrifl.
Anffir. [ confefs I waS at firft amazed to find there had been any
iiich prhieftant Apology, taking it for granted ( as our Author, whofe
hoftefty appears anfwcrable to thofe principles he is maintaining, de-
fires his Reader ftiould ) that it was an Apology for the Proteftant
Religion, and written by fome Proteftant, but upon enquiry, I find
that his worthy Author is Mr. Breerly, who hath written a Book inti-
tuied. The Protefiants apology for the Roman Church-^ a Book fraught
with many prevarications, one of which cited here by our Author,
gave me enough of the Apologift, and he and our Author may go to-
gether for their veracity.
M. G. Tet Catholicksgenerally do not allow of Lying, but [,as many Trote^
[lints ) of concealing the Truth by Equivocation.
Anf», Here he flily and malicioufly infinuates, that Proteftants are
more favourable in the point of the lawfulnefs of Officious Lies,which
he calls doubtful Speeches, than the Jefuits or other Popifh Dodors ge-
nerallyare; but the tnalice andfalfhood of this infinuation, willrca-
dily appear to any man who is able, and will take the pains to compare
the Cafuifts on both fides.
M. G. Now that this Vobirine may, and fometimes mujl be allowed, exam-
pies will make manifefl. I will inftance in one: tvhen His Majefty after Wor-
cefter Eight was'conjlrained to /belter him/elf in Bofcobel, There was, as
we all know, very narrow fearch made after him. Among the reft, one of the
Pendrijs, (thofe LoyalSubjefls ever to be commended in all Hijlory ) was as-
ked where the King was ^ he anfwered, that he knew not, meaning that he
knew not for to tellthem: He thought be might and ought in that cafe conceal
the
4?^
A. D. i66i.
Aug. lib. di
Mtnda.c.iidC«n-
fiKtium.c. 13.
iluanto ergo
fortius., quunto
excellentius di-
ces, nec pro-
dam,nec menti-
ar ? Fecit hoc
Epifcopus quon-
dm Tagafleo-
fs EcclefiiO Fir-
mus nomine,
firmior volun-
tate, &c.
I Pec, iv. ip.
C 4 1
the Truth: all the Jefuits in the World are of his opinion' He was bound
there under pain of High' Treafon to Equivocate. And thofe that deny EqaivO'
cation to be Urvfuf let them fay what they would have done. Sure I amfthat
if they would not in that cafe have ufed Equivocation or Mental Refervations,
they mu(l have been either Lyars or Traytors,
Anfw, Here he triumphs in a cunning inftance, and feemingly in-
vincible, which (uited very well the time of Publilldng his Book.
The happieft inftance fure that ever was thought on, which (befides
the fair opportunity it gives him to extol the Papifts Loyalty) feems
to prove Mental Refervations not only/4rp/»/, hntevtu meritorious.
He would make us believe, that we owe the great bleffing of his Ma-
jefties prefervation after worcefter Fight to a Mental Refervation, and
to thathoneft Jefuit PendrillsQonh^ox^ who taught him dextroufly to
ufe it, I am apt to believe Pendrills is a made caje^ and not a real fabl.
Be it how it will, I conceive a Proteftant might have as laudably fa-
ved his Majefty by a Lie, asMr.PeWn/Zdidby a Mental Refervation.
I honour and commend his Loyal affedion and zeal for his Majefties
prefervation as much as our Author, and thus far I concur with him
and all the jefuits in the World, That in this cafe he ought to conceal the
Truth^hnx. that he oughttodo itin that way, by fuch a Mental Refer-
vation I utterly deny. If wc may not Lie for God, neither may wc
for the King. And there is not a pin to chufc between Equivocati-
on, Mental Refervation, and a Lie.
But fince we will not admit Equivocations,or Mental Refervation,
what would we have done in Pendrils czlt < he lays, we muft have
been either Lyars or Traytors, there is no avoiding it.
By his leave, I am of opinion, that there is no necefli ty of either,
I think I can fit him, with a cafe very like this, out of St. Augu/linot
which will make out what I have faid, and withall fliew, how much
that Father was a friend to Equivocation. He tells us, that Firmus
Biflhop of Tagafa in Africk., had received a man (belike feme perfecu-
tedChnftianj and hid him: the Emperor fent his Officers to fearch
for him, who demanding where he was, he anfwered, isfec mentiri fe
pojfe, nec hominem prodere, pajfufq'^ multa tormenta corporis ( nendum enim
erant Imperatores Chriftiani) permanjit in fententid, that is, he would be
neithet a Lyar nor aTraytor ; and having endured much torturing (for
Emperors were not as yet Chriftians) he perfevered in thatrefoluti-
on. It is a plain cafe, this good old Bifhop never dreamt what fer-
vice a Mental Refervation might have done him ; and 'tis further e-
vident, that if St, Augu/ltne ( who fo highly magnified his Heroick
conftancy) had approved this Doi^rine of Equivocation, he would
rather have pitied the poor Biftiops fimplicity, than have commended
his example to imitation. So that it appears, our Authors dilemma
ha th not fo perilous and unavoidable horns as he imagins.
To conclude, though the forementioned be an example of Veracity
in gradu heroico, and perhaps conftancy would often fail good men in
the fame circumftances, yet I am fure that as ftrid confcicnce would
not have permitted any man to betray his M -jefty, fo neither would
it have allowed him to make ufe of a Lie, either plain, or artificial for
his Majefties prefervation. In fuch a ftrait he muft have put on a
refolution, to fuffer any thing rather than be a Liar or a Traytor., and
to have committed the keeping of himfelf and his Soveraign to
the ail-wife providence of a faithful Creator, who knew how to pro-
vide for the fecurity of both, without the help of fuch indircdl means
and unworthy ihifts. M. G.
4'^f
[ 5 ]
M. G. The Dol^rim therefore of Equivocation teacheth only thu^ that xvheh
there u a juft necejjtty of conceding the Truthy then you may Equivocate j but
rvhen there u not a jufi reafon to Conceal the Truth, then it u a Jin to Squivo-
cate, becauje fuch Equivocation containeth fraud and double dealing, contrary
to chriflian charity, and that candor and Jincerity, rHohieh is neceffary for com- J
merce amon^ men, i ^
j4nfrv. If our Author feem to have a more tender confcience than
his brethren, and will admit that it is fometime a fin to Equivocate;
you muft confider, that he is an Apologift for the Society, and mart
very warily unfold this Myftery of Jefuitifm: But if you pleafe to .
confult * Sanchez, and fome other lefs rigid Cafuifts, you wyi find 5.
very flight caufes may ferve to juftifie Equivocation, cvenfportit
felf, if a man do not fwear toit.
M. G. And in this the Jefuits be no way fingular, they teach but what all
teach,.
Anfw.U the Jefuits are no way fingular herein,or as he faith above^ p. i#i,'
herein the Society hath nothing particular,butall Roman Catholichs
agree with them in this pointy then they are even all to be trufted a-
like. Biit I will do our Author and the Society thus much right, they
have above all other Writers obliged the World with thefe fine new"
Names for Officious Lies, unknown till read Cafuiftical Di-
vinity to the Jefuits Colledg at Rome ; and further, by communicating
the art of framing and iifing Equivocatioris and Mental Refervations
tvith the greateft dexterity imaginable,
M. G. The third and main ebjeliion againft the Jefuits DoHrine is, thai p. lo^,'
they maintain the Popes Authority in prejudice to Soveraignty, teaching that
the Pope hath power td depofe Kings, This is the objeliion with which the Je-
fuits are every where critd down i And becaufe it is fo much made of by the ad'
verjaries of the Society, I fhall humbly intreat the Reader to give me leave to p, 10^,
be a little more large in my Anfwer,
Anfw. The Objedion is very confiderable, and futh as, after all his
ihuffling, he cannot get clear of: For what he faithdoth not fomuch
juftifie the Jefuits, as impeach all other Romanifts of the fame Trai-
terous Tenent.
M. G- / fay therefore as to matter of fact, for I mean not to meddle with
the Qjteftion otherwife, that the Jefuits never did at any time teach in this
matter otherwife than what was the common Dolirine of other Doctors in the
Catholick church, and for theprefent they are lefs chargeable with this DoHrine
than any others.
Anfw, There needs no extraordinary meafute of fagacity to Divine
why our Author balks the Queftion, and will not meddle with it o-
iherwife than as matter of Fad. It is not of dread of Damnation
for difobedience to Father Mutius his precept: But the true reafon is,
becaufe he cannot meddle with it, without fpoiling the defign of his
whole Book. He is an Apologift for the Jefuits , and is obliged to
give fuch an account of their Dodrine as may reprefent their Princi-
pies honeft.^ and no way dangerous to the fights of Princes. Now
fhculd he have undertaken the Queftion, this defign were utterly de-
feated. All the world knows, our Author being a Jefuit, one of the
Popes Janizaries, hemuft maintain the Popes power to depofe Kings,
and determine the Queftion in fuch a way, as confidering the time England, taii
and place for this account of the Jefuits Dolirine was calculated, would A-®-
liave proved of dangerous confequence to the Society, But that the
Society is never a jot the lefs chargeable with this Dodrine than o-
C theif
C 3
ther Papifts, notwithftanding f. Mutim Fitelkfchis precept of obedi-
ence, I will (hew when I come to confider it by and by.
M. G. The jir(l part of this K^jfertion I prove by Authority of Henry the
^reat'y our dear Soveraigns Grandfather rvho { rvhen the Tobirine of the
Popes depojing Kings rvas ob'jebtedagainfl the Jefuits, as an Argument vphytbey
ought to continue banifhedout of France ) faid to the Parliament thefe rvords,
1 am certain thatin averring and defending the Popes Authority they
differ npt from other Catholick Divines. This the Vxt,nch Stories aver^
This Speech ffjg Speech of that great King makes appear-y this the ASiitns of the fame
the end ot this ( if his rvords were not extant) would make plain to all the world'. For
Book. p. 157. how\can it be imagined.^ that he who was in the account of all a very wife man,
p. toy. jhould admit into his Kingdom men that held Treafonable DoBrine? How
jhould he pojfibly be fuppofed fo forgetful of his own goody and the fafety of his
own pofierity-i as that hefhould plead for men charged to hold ToBrine prejudi-
cial to Monarchjy without examining whether their accufations were.true ?
Noj no'i he was not fo weak as to become the Orator for his own ruin. He
would never have made it his bu/tnefs to plead for the ^efuits, and command
their admijfion; nay^ further to take them into his familiar asepuaintanceynake
them his Confeffors-y and build them ColledgeSy and bequeath his heart to them,
if he had^ not been fully fatisfied that their DoBrine contained nothing fingular
' to the prejudice of Sovereignty.
Anfw. Hernakes a great flouriOi with the Authority of King Henry
the fourth of France, our dear Soveraign's Grandfather, in an Oration,
which Mr, Gawenin his Speech at Execution tells us, he pronounced ■
himfelf ( and he faith well, for few believe it was compofed by him- jit
■ felf, but by the Jefuitsfor him ) in defence of the Jefuits. Itisve- np(
ty well known, that when the King made that Speech to the Parlia- d,
mentof T-grw, he camcrefolved togratifiethe Pope ( who had long, ji,
„ and with great earneftncfs preffed the revocation of jefuits from ba-
nifliment J and not to take advice of that Affembly what was fit to
bed.on^wi Had he admitted a fair debate of things, and fuffered the
weightijpr reafons to preponderate, Harlay, one of the Prefidents of
that rParliament gave reafons.unanfwerable againft their revocation.
But the truth of the matter was plainly thus5
\/fhe fame neceffity of affairs, which at firft enforced that great
King to embrace the Romifli Religion, now alfo conftrained him to
re-call the Jefuits from banifhment. While he was a Proteftant he
faw, there was no hope of fitting quiet upon his throne, fo long as
*OtiUo HsrUi the Leaguers (with whom the * Jefuits unanimoufly fided,and not
as one fingle man of the Society took part with the King )
kn.^1604. could have the pretence of Herefie to excite his Subjedls to Rebelli-
on. Whenhe was turned Roman Catholick, one chaficy a Scholar
ofithe Jefuits, attempted to kill him, and confeffing that he had
learnt that Doftrine, which animated him to this attempt, among
them, whom he had often heard, call the King Tyrant, faying, it was
lawful to kill him, and that he was out of the pale of the (Church,
and upon fearching "Pzihet Guinart's Chamber, having found feveral
papers owned by himfelf to be his writing,which contained that dan-
gerous Dodfccine ^ the Jefuits were, at the Petition of the Univerfi-
ties of banifhed the Kingdom, and was hanged. Du-
ring their exile, he fa w himfelf in continual danger of AfTaffination
■ by their Friehds: He was plied with earneft follicitations from the
puuTs cfp^it :may be feen in Cardinal a' ojfat's Letters, j
n.j." ' ' and at lafl faw he fhould never make any intereftin the Court of f
unlefs I
C 7 ]
unlefs he would comply with the Pope in their Revocation.: .He
therefore thought it good policy to make neceflity a vertue, and-try
if by an unexampled piece of Clemency he might at once,oblige the '
Pope, and appeafe their reftlefs malice. Hereupon lie repeals the . ,
Sentence of their Baniftiment,receives them into mote than ordinary
favour, admits one of the Society for aConfelTor, bequeaths his heart
to them, and by all Arts endeavours firmly to oblige them to his
terefts, hoping he might find them as ferviceable to him for the future
as formerly they had been^o the .s/'4»wr^/againfl him. Othcrwife'tis
notorious to all the World, that this great King retained too much
kindnefs for his old Religion, to be Bigot enough for the Jefuits: It
was fear made him Court them, and after^all the flourifhes our Author
makes,'tis more than probable he rvas their Orator for his oven Rain. And
when the Jefuits found him not for their turn^ they foon lent him af-
ter his Predeceffor, having hopes of playing their Cards tobetter ad-
vantage with a King in minority, and an Italian Queen Regent.
M. G. / eafily believe that thofe who have already calumned the Society in
this matter will endeavour fome fleevelefs anfwer to this Authority of the
words and aBiens of fo great a King, but withal I confide.y that his Majefy will
give more credit to the fingle Ajfertion of his Grandfather^ than to ten thou- p. io8.
[and detraciionsy and all wife men will joyn in his Majeflies opinion.
Anfw, This, or whatever elfe fliall be offered, may he pre-judged if fo much
and called a fieevelefs anfwer^ but I am fure 'tis as confiderable as the theAuthodty
Argument, which is an Authority of more pomp than ftrength. And ofhisMaje-
methinks the jefuits have little reafon to triumph over the Proteftants
upon account of theTeflimony of King Henry the fourth, [That their fhouidnotthe
TtoUrine concerning the Popes Authority over Kings differs mt from that of o- Authority of
ther Catholick Divines'] which if true, is really^ though not intentionally.^ asvaildagainft
rather an accufation of the Popifli Religion in general, than any Apo- the jefuits, as
logy for the Jefuits. P _ S",°d.e4fh
M G. But to go on and prove both firfl and fecond part of what I ajjerted. of France for
Nothing elfe need be [aid to make all my Affertion evidently clear, but only to
give a true Hiflcrkal account of what hath been done in this-matter, which J underftand
will do fincerely and faithfully. The opinion then of tht Popes Authority in truly the fen-
depojing of Princes, was held by many Religious, and Clergy men, before any of Khlgyf„°^the
the Society writ of it. 4th: See the
Anfw. That other Orders, and that before Ignatius LoyaU had foun-
ded the Society of f-efus, were Aflertorsof the Popes Authority in /{y<,^hisAm-
depofing Kings 1 deny not. And I further acknowledg that the jefu- bafladorac
its have not maintained \ht Hildebrandine at that extravar
gant rate as many of the Cancnifts have done: They have too much out in their
Learning, too much Wit, and I wilh I might add Honefty to boot,
bud muft not afcribe too much to that. No, they have as.much af-
fedion for the caufe as any Canonift of them all, but they are fallen
into too knowing an Age'to bear it. Their Order was Erefted and
Confirmed by Pope P^/^/the in. A. D. i5'4o. at a time when Learn-
ing was much retrieved,and when thofe trifling proofs, would not fa-
tisfie, nor would thofe Arguments convince which had paffedfor de-
monftration, uncontrolled for four or five hundred years before.
M.G. Porexctmple, there were ordinarily cited for this opinion, of there'
nowned Order of the Benedidines, Gregory the VII. and other Abbots that
joyned with him f4jDefiderius>^^o?f>/MontCaflin, Anfelmus Lucent-
fis did ) and Panormitanus, . of the Order of St. Auguftine, vRgidius
Romanus , Auguftinus Triumphus, of Dominicks Order,
St,
455
-y
* That is, Se-
culars.
p. 109.
Sec my Lord
Bifliop of liri'
coin. 8.pag.6o.
[ 8 ]
St' Thomas, 5/^ Antoninus, Cajetan, of /i&f Francifcans,5/.BG-
navcnture, Joannes de Capiftrano, Pelagius Alvarius, Alexander
Ales, (^c. of the Carmelites, Waldenfis and Bacon 5 of the * Clcr^y^
'very many Priefls^ andBi/hops and Cardinals^ as Gerfon, DoBorof\^litiSy^c.
of the Lavpyers^ Bartolus and Baldus, ^c. thefe andmany more rterc citedin
Schools for this Do^r 'tne^ which Barclay rightly calleth the common Vo^nne
of both Camnifls and Divines,
Anfw, All this plainly difcovers that the Popilh Religion as Popiflb,
is dangerous to the rights of Princes • aW Orders, by reafon of their
immediate dependence on the Pope, are injurious to them, but yet
more than any, or indeed all the reft the Jefuits, Purfuant to this
Dodrine, there hath been forfeveral years carried on an Hellifti Plot
for the fubverfion of our Government and Religion; and in order
to the ruin of both, for the Aftaflination of His Sacred Majefty.
There were engaged in it, as hath been fvvorn, of the renowned Order
of the Benedictines Corker^ Howard, &C. of St, 'Dominieks Oxitt, Kei-
majb Dominick, CollinS', &C. of the Francifcans, K^rmfircng and Napier.
q{ xht Carmelitesy Hanfon, Trevers,Scc, of the Clergy, many Priefts,
Bilhops and fome Cardinals. But it was firft hatched by the Jefuits,
and there are more of the Society accufed than of all Orders btfides.
But yet I muft not forget, or omit, one paffage I paftage I remember
I have read (in a French Book, Entituled, Trait'e de la Politique de
Trance) for the Renowned Order of St, •Benedict. In a Chapter,
where, among other things, he prefcribes methods for the utter ruin
of the Nation, the Author advifes, that a promife ftiould be
made to the BenedtCtines, that they ftiould be re-eftabliftied in all their
Ancient Poffeflions according to th^ Monajlicon, ythich, faithhe, will
make thofe Monks move Heaven and Earth to bring all into confufion. So
that you fee the •Benedictines, of how good repute foever they have
been, are none of the moft quiet Spirits. As the Jefuits are the Popes
Janizaries, fo are the Benedictines his Spahi,
M. G, Though notwithfianding it u to be obferved, that none of thefe, nor
no Catholick Divine, ever gave the Pope an Arbitrary Power to depofe at his lift,
as now fome, though very faljly pre fume ; Their opinions were modified, fo that
their Books flood in ejleem, and were not thought to have deferved fo ill at
Princes hands as now fome would make them feem.
Anfw. In the Paragraph before, he hath given them fuch a wound,
as the Plaifter he lays upon it in this, will neither cover nor cure. It
is well known, that very fmall rcafons,have been thought by the Pope
caufe enough for the depofing of Kings. And by accufing all Prote-
ftant Princes of Herefie, thefe Authors plainly give the Pope power
to depofe them 4/ his lift,
M, G. which I do not fay to defend their opinions as good, but only as
declaring matter of FaCt. 1 fay, thefe and many more were citedin Schools for
this Do^rine, as a common opinion, before the Society was in the World: as
be fide what I have faid, is manifefliy proved, in the Oration which Cardinal
Perron made to the third Eflate in France,
Anfw, Having made a fair Applogy, to little purpofe, for others,
he now makes another with as little fuccefs for himfelf. All which j
do not fay to defend their opinions as good. Well faid, but what then Sir ?
Dare you condemn thefe opinions } Do you any where fo much as in-
finuate that they are bad ? much lefs do you any where profefsto
difown them as traiterous and falfe.
M, G.
1^
C !> 1
M. G. fyhil/i then thu was the opinion of the Schools Bcllarmifle ilvr/t s
his Controverfies-i and in the matter De fummoPontifice; he taught this p, Ii6*
BoSirme, and he took his Arguments^ as bepyofejfeth himfelfj out of Sanders
a Secular Prieft*
Anfw. It feems the common opinion of all their Divines and Ca-
nonifts, with a Pope at the head of them, amounts to no more than
a School point. He infinlbtes, that though this Dodrine formerly
was the opinion of the Schools, 'tis otherwife now. I ftiould be glad
to hear that this point is at prefent determined otherwife than it was
formerly wont in PopiOi Schoolsj But I doubt I may expert till lama
weary before I hear fo good news: For ought appears to the contrary,
our Author, and the reft of the Society, are ftill of Bellarmines opinion.
But to ferve the prefent defign, an Apology muft be made for Bellar-
and what is it? Why alas unhappy man ! It was his ill luck to
write in a time when this Dodrine was commonly received. And
wasitfo? It had been worthys^Z/rfrw/^f-r great Learning, to have
redified that vulgar error, to have difabufed the World, andanfwe-
red Sanders his Arguments rather than to have urged them further,
and confirmed fo dangerous a Dodrine by his Authority. Thofe ver-
tues for which silvefter de Petra Sancta celebrates him , would have in-
dined him to this, buc'tis apparent the Genius and Intercft of theSo-'
ciety fwaid him the contrary way.
M. G. After Bellarmine, partly to vindicate hinty and partly upon other
account Sy four or five Jefuits more writ on the fame mattery alledging Authors
who had writ before themy taking for the mofl part their reafon out of former
writersythat flood in Ltbrariesyand were read without control in Schools: And
this is that which Heuty the fourth faid. That he was fure Jefuits taught
nothing in this matter which did differ from the other Catholicks.
But it was not enough for the Society to be as warj as others.
Anfw. If thofe four or five Jefuits have been mif-led by Bellarmine
and former Writers, the Society ought to have cenfured bothhim and
them, and fhould have obliged thofe Authors to recant. Till the So-
ciety fet fome publick brand upon them for this fcandalous Dodrine,
that its Authors may be nomore in a capacity to mif-lead others, the
Society is juftly charged with that Dodrine, and all thofe ill confe-
quences thereof, which it hathin its power fo eafily toredrefs.
M. G. Their DoUrinetherefore after the Aeath r^/Henry thefourthy their
great Protectory was highly contradiCledy efpecially tn France, and much notfe
there was. 7he Jefuits then feeing that this DoClrine was Lapis offenfionis,
and bred difgufl becaufe they taught ity to take away all complaint of the Society,
refolved never to fay more of that matter. So F. Claudius Aquaviva the
fifth qeneral of the Society made a Prohibition concerning this matter on the p. 111.
of fian. 1616.
Anfw, Obferve, I pray you, the reafon of thefe Prohibitions which
he thinks make the Society lefs chagerable with this Dodrine than
others. It is no diflikc of it, but rather the contrary that occafioned
their filence. It feems the Jefuits had ( as they ftill have) a very ill
name, and Dodrine, that was ever a whit fufpicious, if taught by
them was the worfe received for the teachers fake. Now it grieved
them to fee this Darling Dodrine, and confequently the Papal Power
lofe ground, and themfelvcs hated and reviled for teaching it; there-
fore to ftop thofe mouths which were every where open againft them,
and becaufe the Dodrine was likely tobepropagated with better fuc-
cefs, by more facceptable perfons, they refolved for the future to be
filent in that point. D M.G.
L -o 3
M.G. But becdufe that Prohibition feemednot ffficacicm enough to prevent
all inconvenience Sy and give the tVorld full fatufaBtan^ Father NiUtius Vite-
lefchij.//;^ fixth Ceneralof the Society^ in the Tear l6x6. or the i^ih of Au-
guft, made a preceft of obedience-^ by -which all Jefuits are obliged, uponpatn of
damnation^ never to write, difpute, teach or print any thing concerning that
matter; The Precept u extant in an Eptflleof Father Mutius, and from thence
infertedas a perpetual Precept into the eighth C^gregation^ in fine it runneth
/to, Ordinamusin virtute SanftseObedienrise nequisin pofterum ma-
teriam de Poteftate fummi Pontificis fuper Principes, eos deponen-
di, &c. tradet aut libris editis, aut fcriptis quibufcunq; nee publice
difputet aut doceat in Scholis, ut occafiones omnis offenfionis & que-
relarum prcBcidantur. This u the Precept -which hath now Jleod this
years-, and never was infringed by any one; fince the year 16 nothing hath
p. 112. been [aid of this Queflion in Schools or Sermons,-or public dtfcourfesy nothing
hath been Printed of it in the Society. Thu care the Society hath had to avoid all
offenfive Que (lions-, &C.
Anfw. How little effed Jquaviva's precept had, or how little it was
regarded, may be plainly feen by the Publilhing of Sanciarellifs bis
Book, in the year 162 5'. and that approved by Father Mutius the felf
fame General of the Jefuits, who Publifhed the Precept of Augu/l the
I jth i62<5. This Precept, upon pain of Damnation, was but neceflary
to atone for approving book, and manifeftly appears to
have been intended meerly to prevent clamor, and maintain the repu-
tation of the Society,more than the Authority of Princes. It provides
but flenderly for fecuring their rights 5 for though it prohibits w^ri-
ting Books, publick Deputations, and Ltdures on that Subjed, yet
it leaves them at liberty to inftill that Dodrine in private, wherefo-
Llhris editis evet they fee it likely to find a favourable reception. Nay, for ought
Mcmq-^neT'' ^ppcars, it may be ftill vented in Sermons, ( we have only our Au-
pbiice'difpmt thors bare word tha t nothing hath been Did in Sermons for years)
schf"—" for the Prohibition extends only to Writing publick Difputations and
Ledures in the Schools, if they forbear it in the Pulpit, their obedi-
ence outgoes the precept. Since the publifliing of this Account.we ksve
reafon to believe, (as we are informed upon Oath) that this Dcdrine
hath been preached by fome Fathers of the Society in Spain,
ut occafiones And if we obferve the confideration upon which F. Mutius was in-
omnis offenfionis duced to prohibit the publifhing of this Dodrine, T'rx. To take away
paTidantlr'^ <?// occaftons of iffexce and quarrel-, we fliall not find the Princes of Europe
much obliged to him for this precept. For firff, hereby, if there ever
fhould be any of the Society fo honefl as to afTert the rights of Princes
againfl the Popes Ulurpations, they are prohibited doing it under
pain of Damnation. And Secondly, there is no regard had to their
Interefls, but meerly to the credit of the Society. •
p 113. M G. The fourth Objefilion againfl the Jefuits DoBrine is that they
p. 114. teach the killing of Kings, though under the name of Tyrants, i'o Mariana
the Spanifli Jefuit teacheth, and therefore had his books burntat Paris.
Anfw. This fourth Objedion he propounds very blindly, and not
in thofe terms we make it. That we charge them with is plainly this.
That they hold that Trinces excommunicated by the Pope may be depojed and
murtheredby their SubjeBs. This we put them to renounce in the Oath
of Allegiance. And upon Trial we find more Patrons of the King-kil-
ling Dodrine than a fingle idariana whom they fo freely give up.
M. G. /anfwer that Mariana in the year 1599. print a book intituled
de Rege & Regis inftitutione, which he dedicated to Philip the fecond
■ 7 King
C 3
King of Spain •, in this Book he did teach a Dc^rine ( after Doiliinicus Soto
/. J. de Juftitia & qu. 2. Art, ) contrary to the Judgment of the
Societyy of killings not Kings^ hut Tyrants 5 which Doctrine the Society con-
demnedand forbid-y and the other DoHors of the Society alt unanintoujly tmfug-
ned it.
Anfw. There is a great deal of craft in thus frankly giving up Ma-
riana. i. As was excufed before, he borrowed his Argu-
mentshom Sandersy a Secular Prieft, fo hereis not the firft .
Author of this Dodrine,he learned it of Soto, 2. It is reprefented as
a finall flip, a Angle Propofltion that is faulty. They give him in
compofltion for the wholeSocietyjand pretend that all the other Do-
dors of the Society unanimoufly impugned it. WhereasbeAdes that
it difcovers the Authors paflion for Mariana^ it (hews that'tis not the
King-killing Dodrine they difavow, but have politickly picked out a
Angle PropoAtion, that they may have fomewhat to condemn for
their credit; Whereas no lefs than two whole Chapters are liable to
exception for that fcandalous Dodlrine. And the King-killing Do-
dlrine in the terms we charge them with it, is as much the Dodtrine of
all Jefuits who have written on that Subjed, as'tis/!^4m»4's. '
M, G. That you may know the trathy 1 mujl do as m the laft objecticn^ that
isy give you a Tfarrative of thepajjage, fyhen then the (Jeneral of the Socic'
tyy Claudius Aquaviva , underflood that Mariana out an opinion
of fo dangerous confequencOy he writ to the Fathers of the Society in¥tZ^t\cty
who had acquainted him with the whole mattery in thefe words, as Father Qo-
ton fets them down in a Letter to the Queen Regent of France. We have p j j -
been very forty that no body perceived the fault until the Books were
Printed, the which notwithftanding we have prefently commanded
to be corredted, and will ufe great care hereafter that fuch things
happen no more. This pajfedin the Tear 1606. four years before fheSot^
hoti condemned Book y which was Kl\.X}om 16I0. \\l\y the
Anfw. Claudius Aquaviva^ Epiftle to the Fathers of the Society in
France is Apocryphal, it is extant nowhere fave in V^ither fotons letter
to the Queen Regent, and he who confulted an AftroJoger touching
theDeathof the King,and betrayed his ConfelAohs to the SpaniardfZS ... .
V3xhtx Coton did, would not flick to forge a Letter from Claudius Aqua-
viva to the Fathers of the Society in France, at a time of need, as that
was, when Father Coton wrote to the Queen R egent, after the Murt her
of Henry the 4th by Ravtlltack yWho was faid to have bee4i animated to
commit that Parricide by reading Mariana. But admit Claudius Aqu%-
viva did write fuch an Epiftle, and at the time pretended, is it credi-
ble, fconfldering that ftridt correfpondence the Provincials of all Or- •<;
der throughout the world keep with their General at Rome) that a
Book which made fo much noife, (hould fell off a whole ImprefAon,
and be Re-printed twice, pafs feven years,and yet the General of the
' Order know nothing of that fcandalous Dodlrine it contains. But
fuppofe him to know no more on't than the Pope of Rome, I am confl-
dent any Angle PropoAtion, fo much in favour of Princes, againft
the Popes Ufurpations, (hould not have efcaped the cenfure of Claudi-
us Aquaviva feven Months, nor yet feven Weeks.
M. G. According to this the General of the Society did give order for ccrre-
Fling that place, and fupprefjed the Book, till it were correFled.
Anfw, That place, as thotigh it were but a Angle PropoAtion that
needed amendment, and yet I ain conAdent a Copy of Mariana, with
that PropoAtion expunged, would be a rarity few Scholars in Furope
ever faw. M. G,
' 4- 43
[12]
M.G. But fonte Copies heing abrond ( before the error was known to the
General) which the Society would gladly have called in ; the Heirs of one We-
chel a Prote/lanty or as fome Trench Authors call him an Hugonot^ Printed it
again at their own charges. And this for no other reafon, as it may be prefu'
med^ but for lucre or malice to the Society.
Anfw. Some Copies, thofe were no fewer than two Imprclfions, the
one Printed in Spain^ the other at Mentu,
Whoever offends the Proteftants muft fuffer for if, mchel's Heirs
Printed it again for lucre^ or malice to the Society. W hofc avarice or malice
was it that procured the Moguntine Edition. A,T>. 1605 ? Was Bat-
lhazar Lippim an Hugonot ? 1 have been informed from a good hand.
That iht Pranckfort Edition was procured by a Jefuit, who chofe tve-
chels Heirs, that he might at once publifh this pretious Dodrine, and
caft the blame upon the Proteftants when he had done,
M, G, K^fter this the Central fent a ftriH Command to aU of the Society
( as appeareth Congreg. 8. tit. Cenfurx ) under pain of Excommunicationy
inability^ and divers other penalties, prohibiting all of the Society from writingy
or teaching in private or in publitk, or advtjing that it was lawful to kill Kings
p. 116. or Princes, or M AC HIN E their death upon any pretence of Tyranny, And
all the K^uthors of the Society {excepting O N LT MARlA'TfA) both
before and fince htm, perpetually taught and teach the contrary 5 faying Ana-
them a to all that teach or praiiife any fuch DoHrine condemned long fince by
the Council of Conftance.
This is what the Society hath done to fop that Book, and root out the opinion,
which I conceive willcleerly fhew that this DoHrine « not reafonably laid to the
Society; nor could it be objeHed but by them, who will have it, that the fault
of ANT OTfE of the Society, mufl like Original fin, infeH all for ever,
* That Origi- and * unpardonably, to whom J can give no other anfwer, but that I wifh them
nal fiB is an f„pyg igp^ malice.
infcabn"fs ^ Anfw, How ineffcdual this Command of their General hath been,
ftrange Divi- and how true it is that all other Authors of the Society teach the con-
th?JcfS?ad King-killing Dodrine,which our Author, and Mx.Cawen,
notcftectned fay, may appear by the writings of Suarez and others of the Society,
^rcftTmatter' ° havc, fince the Year 1606, Publiftied the fame Dodrine with
grcatamatter. though they have baulked that very Propoiition, That it
z private Per [onio^iW 2. Kingy This Pofition they con-
deran in (J\dariana, but how far they dif-allow the King-killing Do-'
drine, our Apthor acquaints us, vtz, z% it \s condemned by the Council
of Confiance, and no further. Now that Council hath condemned this
Ctran%a. tdit. P*"Opofitiott Only. Quiltbet Tyrannus potefi debet licite ck meritorfe oc
Dune. i6ip. cidiper quemcunq; vafallum fuum vel fubditum, etiam per clanculares infidias
pag. 630. ^ fubtiles blanditias vel adulationes, n n objlante quocunq; prafiito juramen-
[ to, feu con fader atione faBa cum eb NfON EXPSCTATA SET^TENT/'^
JVDICIS cujufcunque. Any Tyrant may . and ought to be killed,
lawfully and meritorioufly, by any VafTal orSubjedof his, even by
Clandeftine fnares, or fubtil Blandiftiments or Flatteries, notwith-
' ftanding any Oath or League made to or with him , NOT WAIT-
ING FOR THE SENTENCE OR.COMMAND OF ANY
JUDG WHATSOEVER. How flender fecurity doth this De-
cree afford Proteftant Princes, charged with HFRBSIE, Ex-
communicated and Dcpofed by the Pope, and SENTENCED
to death by the General,. Provincial, and a whole Confult of Jefu-
its.^ But there are many other fallacies couched in that Propofition,
and the Decree which condemns it, which are fully deteded by my
Lord
f
[ '3 ] .
Lord Bifhop of Lincoln^ to whom I refer my Reader^ That a Prince
Excommunicate and Depofed by the Pope, may be put to death by lo his Letter
his Subjeds, is a Dodlrine none of the Jefuits difown ; and if Honour
Mr. Would have cleared himfelf and the Society of this fcan-P-'<^3-.
dalous Dodrine, he would have more effedually done it, by renoun- excoinmuni!
cing it in the words of the Oath of Allegiance, and have averred, cateby the
that all Authors of the Society teach the contrary. But this had
been too bold a Lie; as 1 (hail haveoccafion in the clofe of thefe murtheredby
Papers to (hew, and therefore neither our Author, nor Mr.Gatvevy their Subjefts.
hath any reafon to charge us as guilty of meting them that hard
meafure, of condemning all Jefuits for the raflinefs of one.
M. G. Our Author fays. For my part, 1 do fi?3cerely m^ke thuprote- p. ii8.
(I at ion in the fight of God ; J do acknovoledg his Atajefj , CHARLES
the II. to he my Uvoful Soveraign^ and Liege Lord: / believe that I am
bound to refpeB-i honour and obey him-, and that not only for fear^ but alfo
for confcience fake, as the Scriptures teach me. I do believe that vehofoever
refijleth him^ refifleth God^ and vhofoever rebelleth again ft him^ rebelleth a-
gainft God, and procuretb to himfelf Damnation, ^./ind accordingly , I do
pramtfe to be a true and faithful SubjeB to His Majefty, and not only never
to Acl again ft Him, or Abet any that (hall AB againft Him, but alfo to de- p. i
fend and maintain, according to the be ft of my skill. His Life, Crorvn, Dig-
nities and Prerogatives. And if 1 refufe the Oath of Allegiance, as novo it is
couched, it is not becaufe I refufe Allegiance, bat becaufe I muft net renounce
my Fatth to god. That to take that Oath, as novo it lies, is to renounce the
Catholick Faith, 1 am taught, and"^. 120. He faith, If it may f
pleafe His Sacred CMajefty, and the Honourable Houfes of Parliament, te
make fuch an Oath of Allegiance, as may, voithout trenching upon confcience,
contain all imaginable civil Duty in the ftrongeft exprefflons, that can be concei- '
ved, I fhallbe exceeding glad, and mofl ready to take it my felf, and invite all
others to take it.
Anfrv. You fee how fair profeflions and promifes he makes, I was
tempted to believe he meant honeftly. But this is only a fmall fprink-
ling of Holy Water; After all j he refufes to take the Oath of Alle-
giance, and fays, to take it) were to renounce his Faith to God, To
what God I pray you Sir ? lam f^re, to take the Oath of Allegiance
implies nothing contrary to the Word of God, nor to any Article of
the three Creeds.Sure enough you mean your Lord God the Pope,and
your Faith given to him, which is inconfiftent with fidelity to any
Proteftant Prince, or indeed any Prince whatfoever. It's plain for
all your fairwords,what youdiflikein the Oath of Allegiance. You
have no mind to renounce the Popes ufurped power over Princes, to
Excommunicate and Depofe them, nor will you be brought to abjure
the King killing Dodtrine, for you promife and profefs every thing
elfe contained in that Oath, and your unwary acknowledgment that
you are taught, thzt to take the Oath of Allegiance, as it now lies, is to
renounce theCatholick Faith, ftrongly implies, that thofe Dodirines are
in yourefteem matters of Faith, And give me leave to add. That
His Majefty, and the Parliament, have little reafon to credit your
promife, that you will take an Oath containing all imaginable Civil
Duty in the ftrongeft expreflions that can be conceived, fince fuch a
Formulary contrived by Roman Catholicks, and profelling no rnorc
than Civil Duty, 1 mean the//•;/&Remonftrance, met with fo much stcF.mipj
oppofition and perfecution from the Jefuits, the Popes and WsHiftoryaf
the CardinalProteBor, and is at laft come to juft nothing. SilSnftraBcI
E In
(
C '4 ]
IN thefe recited paflfages we have either an Account of, or an Apo-
logy for the Jefuits Dodtrine in the matter of Equwocation* The
Topes power to Depofe Princes., and the King-killing T>o[irine* Whether
our Author truly affert, that in thefe points the Jefuits differ not from
other Roman Catholicks, it concerns them more than us to enquire,
and do themfelves right.
Before I reprefenc ther DodirineSjflripped of thofe difguifes where-
in our Author hath dreffed them up, 1 (hall defire, and I think my re-
queft not unreafonable, that thefe four points be granted me.
1. That our Author is a Jefuit, and a profeffed Apologift for them,
and accordingly hath given us the moff plaufible and favourable ac-
count of their Principles that could be contrived, fo that the Jefuits
Executed,could not be more moderate and innocent, in thefe points,
than the Society is here reprefented.
2. That feeing Mr, was the only man of the five that fpake
any thing in vindication of the Society, 'tis probable that in regard
he was a very Eloquent man, and had a paffionate moving way, he
was appointed by his Superior to that fervice, and that what he faid
was the fenfe of the Provincial and the other three.
SccmyRea- That M. borrowed what he faid in vindication of the
Prefacc'^^ Society, out of this Account of the Jefuits Life and Dolhine.
4. ThatMr.(j4»v^«and his Brethren concurred with this Author in
their Principles, as to the three points above- mentioned.
This premifed , I fhall prove that by the account here given,
, I. The Jefuits, and indeed the Papifts in general, do allovy the Pope
power to Depofe Princes.
2. That they prevaricate in denying that they hold the killing of
Kings: For they deny not that Princes Depofed by the Pope may be
put to death by their Subjects.
That the Jefuits allow the concealing of Truth by Mental Re-
fervations, when there is a juft neceflity, and that Mr Gawen and his
fellow.fuffercrs had, in the judgment of their own Cafuifts, fuch ne-
ceflity of Equivocating at their Execution.
I. That the jefuits, and indeed the Papifts generally, allow the
Pope a power to Depofe Princes, according to our Author. He faith,
That the Jefuits never did —teach other than the common DoBrine of the
ether DoBors of the Catholick Church, p. 106. He cites Pope Gregory the
VII. and with him Divines, not only of the Secular Clergy, but of
all Religious Orders, and Canonifts for it, io8. That when Bel-
larmine wrote his Controverfies,this was the Dodtrine of the Schools.
That Bellarmine in his Book defummo Ponttfce,taught this Dc<ftrine,that
four or five Jefuits more followed and defended him init, p. 110. It
never was condemned by the Society in any of thofe Authors. And
though two Generals of the Jefuits fuccelfively forbid the publiftiing
of it, yet neither cenfured it as dangerous or erroneous, but did
prohibit it meerly to avoid clamor and complaint. Our Author no
where profeffeth to diftike this Dodrine, neither doth he fo much as
intimate that he is of any other opinion, than that commonly recei-
vedjviz. That the Pope hath power to Depofe Kings , though not ar-
hitrarily ( as he faith to palliate the matter) and at hii lijl, yet if they
be Hereticks, or favourersof them, Schifmaticks, diifiiniftiers of the
Church Rights and Revenues, fevere to Roman Catholicks, (jrc*
And I prefume none will deny but that His Sacred Majefty is, in the
judgment of the Roman Court, obnoxious to the Popes Cenfure upon all
thefe accounts. II. In
?
C '5 3
II. In the matter of the King-killing Do<ftrine, this Author and
Mr. ftiuffle bafely, and baulk the point. The dangerous Do-
(Sirinc we charge them with is this , That Princes Excommunicate hjs the
Pofe may be Depofed and Murthered by their Subje^s. if the Sentence of Ex- sifub voct kx-
communication contain a Depojition and Abfolution of the Subjects from their Al- communkiitio-
legiance-i vohich is fometimos done by Canonical Sentence, then that Propofitim datxr dfpofiiio,
is true, that he, viz, {_the Excommunicate Prince'] may be Depofed or killed & dipidatio
by any what foever, rvithout incurring any penalty, {zilh SuareZ' And the tim^clnlnfcam
fame Author faith, That after Sentencepaffed upon him—he may be trea- interdm fit,
ted as a Tyrant, and killed by any privateperfon. Both Bellarmine and Be-
prove the Popes power to Depofe Kings, and to condemn them to propofitmm.
death, by the Example of Jehotada the High Priefl, who fi'rft deprived
Athalia of the Kingdom, and afterward of her Life, So that you fee more numuscuu-
than afingle Mariana, defend the King-killing Dodiine, which while pojjt,do-
they renounce and impugn unanimoufly, in that Propofition condem- '^ffif^fffidlca-
ned by the Council of Conftance, they as unanimoufly maintain, when lib.c.d.
the Pope interpofcs his fatal Sentence,and alters the Cafe. 'Tis plain
the Jefuits thenmfeves think that Decree of the Council of Conftance,
affords no fecurity to Princes againft the Popes Sentence. What faith ^ti.defum.
Suarez to King James, fvhere doth the King read in the Council of
Q,OX\^ZtiCQ fuch aword, as a PRINCE EXCOMMUNICATED or trov. Anglic.
DEPRIVED by the POPEl I have heard fome Jefuited Papifts fay
(whether in fincerity or not, God knows) that they would take the labjurethat
Oath of Allegiance, were the word HERETICAL abated them 5
they fay the Civil Magiftrate may declare what is Treafon, but 'tis the ^
Prerogative of the Church to declare what is Herefie. Nowwhofoever
upon this fcoreobjedts againft the Oath, muft acknowledg that the '
Council of Conftance hath not Condemned theKing-killing Dodfrine,
nor do the jefuits fay to it. For did the Decree extend to the
condemnation of the Dodrinc abjured in the Oath of Allegiance,they
might abjure it as Heretical, being condemned by a General Council,
but fo long as they refufe it on this account, 'tisevident they do not
believe the Council ever intended to cenfure it,and certainly it never
did.
So that for ought that our Author or Mr. Gawen hath faid, it is
reafonable ftill toobjeift thefe bloody Tencnts to the Jefuits, whoap-
pear to this day to have kept on foot that League for the extirpation
of Heretical Princes, which F, Campian faith, all the Jefuits in the Cimpianus Ep.
World had entred into in his days near 100 years ago', and notwith- adconfiUarm
ftanding the many defeats Providence hath given them in their en-
terprizes, yet they defpair not of efifedling it.
Infer. Seeing then the Jefuits Principles even as rcprefented moft
plaufibly by an Apologift of their own^ are fo dangerous and deftru-
ftive to Princes, efpecially fuch as are of the Proteftant Religion; and
fince we have fo much reafon to believe Mr. Gawen, and the reft were
of the fame Principles, in the forementioned points with our Author,
and there have been treafonable pradices agreeable to their Princi- ^
pies, fo legally and fully proved upon them, as fatisfied the Jury and
Bench to Convid and Condemn them. I think that perfon wants
both Faith and Charity, who will not believe them guilty: He lit-
tie knovA s what a Jefuic is, and is utterly unacquainted with the my-
ftery of Mental Refervations, who fufpends his judgment, till one
of them (hall confefs.
liL
C '<5 ]
III. Touching the matter of Equivocation, you fee what cur Ab-
thors judgment is, he doth not meerly aflert that it is lawful to conceal
p. I oo. & Truth by doubtful Speech^ that u, Equwecatton or Mental Refer'vation, but ifri-
p. loi. pudently pretends the confent of ail Ages and Parties, all Schools and
Vniver/itteSi none axcepted^ as though it were an uncontroverted point.
Which, were it true, would make Equivocation and Mental Referva-
tion, a Dodlrine more truly Catholick than Tranfubftantiation, or
Invocation of Saints , which they deny not to be unanimouOy con-
tradided by Proteftants.
Our Author faith, that when there is a juft caufe to conceal the Truths
then it it Uvpful { fay the Divines ) to ufe Ambtguous Speech, that is, Equi-
'Vocation and Mental Refervation.
We are now further to enquire what is a juft caufe to Equivocate,
and fee whether the Jefuits lately Executed had fuch caufe as might,
in the Judgment of their Cafuifts, make it lawful for them to die thus
concealing the Truth,
p. loz. Our Author plainly tells us.—tvhen the caufe to conceal Truth is juft, or
not, depends on the particular circumftanee of every occurence for vehich no rule
can be fet. This, you will fay, is pretty fair, he leaves every man to
judg for himfelfjWhen he hath juft caufe to Equivocate, which a jefuit
will never fail to have, as oft as this Art may do him fervice.
^QuothsU If you pleafe to confultother Cafuifts of the Society * Sanchez. mW
defence of Life, Honour, or Goods, it a juft caufe. When a Que-
htem corporis^ ftion is * asked by any Incompetent ^udg. And'tis notorious the JefuitS
hmim,rtsfa- deny any Lay.man to be theCompetent Judg of Ecclefiafticks; orif
Of ToT. ^ Competent Judg ask a Quejlion extrajudicially. Here is fcope enough.
l.3.c.6.n.i9. But perhaps it were more advifable to confult Jefuits of our own
'sedqdpi^acl' Nation, for Cafaubon obketveSy that they of all men have taken mo ft
put aquiooca- pains in cultivating the Art of S quivocation. And I may add, have always
^rintlosv7dT llcentioufly.
fuife Anglo!" Now what hath F' Garnet given under his hand in this matter. As
Ep.adFr. Due. oft as there is eccafton, for neceffary defence,^ for avoiding of fome injury and
SeeProccc- damage, or for obtaining fome good of moment, rvithout the peril of any man,
dings againft Equivocation is lawful.
Father Parfons refolves, that Equivocations mufl fometimes be
Mitig.c.j. praciifed when no other evafion can be found for defence of Innocency, fuftice,
SECRECT, or the like urgent occaftons.
Let us now enquire whether the Jefuits had not feveral of thefe
, caufes to deny what was fworn againft them, and take it upon their
VItxt innocent as the child unborn*
1. The defence of their own Honour Reputation, which would
have been irreparably ruined, (hould they either by an ingenuous
/ Confeflion, or but by filence have owned themfelves guilty.
2. The was at ftake, which would have been ut-
rerly loft, fliould a Provincial, a Procurator, and other principal Fathers
have owned themfelves guilty of foHelliflia Plot.
T0 avoid thofe feverities, which though in truth might juftly have
been inflidied on Roman Catholicks, yet the Jefuits efteem injuries as
well zs damages. Should the dormant Laws be throughly awakened,
Bi»viusie as 'tis no doubt but they.would ((hould thefe Jefuits have m.ide a
cap46 Confcflion ) the Popifh Intereft would lofe ground apace.
pafons Fifcuf. 4' 'TiS z good of no to purchafe themfelves the Reputu-
fwSon#" tion of Innocents and Martyrs; as in opinion of Bzovitu and Parfons,
C^vipian and Garnet were , and all that follow them in the fame caufe
are
[ '7 3
are fure to be reputed. And this will mitchadvance the good of the
Catholick Caufejwhich would be in danger of lofing many well mean-
ing people, by their lincere Confeflion, who will be confirmed in the
Communion , when they fee thefc jefuits prdteft their Inno-
cence with their dying breath.
y. They had a mighty work upon their hands, no lifs thun the
wrjion of three Kingdoms^ and for ought they knew, the fubduing a.
Peflilent Herejie which hath domineered over a great part of this Nor-
thern World a long time, Mr. Co/eman (nid. And tht fame work
appears to be ftill carrying on, and I am fare requires fecrefie, for His ' "
a workof Darknefs. Now 1 (hall argue as our Author did.' There
being fuch a defign in hand, for the good of their Holy Mothet the
Church, and their moft Holy Father the Pope,, whdfe Interefts are,
no doubt, as dear to them, as ever was the prefervation of His Maje-
fty, and when thefe twoftand in competition, as it feems at ptefcnt
they do, the former are much dearer. For to betray the Interefts of
the Church, or t© procure its hurt (as a free corlfeflion of guilt wbuld
have done > is not only Treafon but Sacriledg. In this cafe'tis pro-^
bable the Jeludts thought they might and ou'ght conceal the Truth; ,
and our Author, (if he were not one of them) and all the Jefuits in
the World are of opinion that they were bound under pain of the
highcft Treafon and Sacriledg to baot, to equivocate. If they would
not they rouft, by our Authors Logick, have been Lyars or Traitors.
And fuch) I fear, in both requefts they diid, for all the help of Equi-
vocation. ' ,
Inference, Seeing then the-JefuitS PlrinciplfeS, as reprcfented by out
Author, allow Equivocations and Mental'Refcr^ations in juftneceffi-
ty", and thofe lately Executed had, in the opinion of their own Cafu-
ifts, a juft neceffity of toncealing Truth, upon fuch evidence of their
guilt. We have reafon to believe, that in their proteftations of Ihno"
cence, at Tyhourn^ they adted fuitably to thtir Principles, and died
tike Jefuits as they had lived, prevaricating and jugling.
There are two things, I obferve, ftick with fomeperfons, the one
is, that Mr. Gawen profeftes that he doth not make ufe of any €qmvocationf
Mental Refervation-i or Material ProldcUtion. SO the reft. .
But for the fatisfadlion of fuchperfons, I defire them to confidef
what Father Par fens teaches,in?»«r if yon be asked whether yon do not Equivo-
tate, you may anfwer no, but with another Equivocation -—artd fo, as often d4
you [hall be askt this or the like Qjuf ien^ you may deny that you did Equivocate Sanche-^ op.
with a frefh Equivocationj fo that their renouncing all Equivocation, is
no fecurity of their fincere dealing. And if it be replied, here was thersdtedin
ho fuch neceflity, they were not examined, but offer freely to fpeak
plainly, and without Equivocation, that varies not the cafe. For the uft'^speLhw,
Cafuifts allow the ufe of Equivocations, Siveinterrogatas five propria P-H-_
fponte, whether a man anfwer a queftion , or fpeak of his own accord;
The other is, tliat they ufed fuch dreadful Imprecations, and high h-, fivehur-
Afleverations, and this at the point of Death, when perfons of the
moft proftituteconfcience, are not without fcruples and remorfe. —jumjenon
But they who regard this objediion, little confider how far a diffe-
rent Notion the Jefuits have of fuch Ambiguous Speech, from what cLzlop.mor'.
they have. They behold Equivocations as a fort of Lies, and not too l-3.0.6.0.id.
without fin 5 but the jefuits look upon them as perfedlly blamelcfs, '^ parfonsm-
as fometimes necefTary and laudable,, and fo innocent, as that to ufe "
theiia' was ndt inconfiftent with out ^ Saviours pe^fedtion, who did no 7^."'
F fin.
So Heiffuui.Re-
fut. Aphor. €.4,
Aph.^. nu.130,
Gun-powder
Treafon.
p. 219, 22»,
aat.
Gun-powder
Treafon.
p-22y. I am
forry that I
did dinemble
with thetn •,
but I did not
think they had
fuch proof a-
gainft me.
See the late
Tryals and
particularly
Mr. JennifoKS
Dcpofition.
FirfoHS Apo.
logv of Eccle-
fiafHcal fubor-
dination. c.12,
in the end.
C >8 ]
fin, neither was there guile found in his mouth, and a remedy a-
gainft lying and perjuries* And if men have fuch apprehenfions of
Equivocating, I fee no reafop, why at their Death they (hould in the
leaft fcruple a pradice fo harrtilefs and innocent, morethan at any o-
thertime. We fee it hath been often pradifed. Tnfba^^ one of ihe
Gunpowder TraytorSjCohfeffed that cy/rrwr,was privy ito the Treafon,
and had talked with him about it. After, upon his Death-bed, nbt
above three hours before his Deatby ttnder hu hand-^ andnfoh his Salvo.'
ttQH^ hcirevoked what upon his Examination he had ConftCTed, and
ayerred that he had not feen Gorvet in fixteen years before, this PrO'
teftarion.wasafterwards proved falfe upon Oath,, and Garnet himfelf
acknowledged the contrary, and that he had often feen him within
two years. Hereupon Garnet being asked what he thought of Tre'-
/hants dying Proteftajtion } anfwered, It might be he meant to Equi-
vocate. Which fhews, that in judgment, to Equivocate cii
ones Death-bed, and thotufon hu Salvation-,^^ Trefham did^and as thcfe
Jefuits protefted thejr Innocence, is no fuch horrid matter as to Pro-
teftants it appears. And I obferve, in the Hiftory of the Gun-powder
Treafon,that as garnet himfelf pradiifed Equivocation,and that with
fo many deteftable Execrations as wounded the hearts of the Lords of
the Council to hear him, yet.when he came to his fxecutfon, though
he asked thofe Lords pardon for his diflembling with them, deeming
it an offence againft good manners, yet begs no pardon of God for 'it,
judging it no offence againfl him at all.
As for the Jefuits lately Executed, we fee Ireland^ who ^as lam in-
formed) took it on his Death,that he was all the latter part of Auguft
in staff or dfl)ire.i hath heen proved by feveral witneffes to have been in
London at the fame time. And it is notorious, by how vile fuborna-
tions the refl have attempted to defend themfelvesupon their Trials,
which was but one Stage fliort of their Execution,fo that they appear
to have been men of no very tender confcienccs.
But fuppofe they were, we have no reafon to believe they would
Bumble at the ufe of Equivocation. Foracquaints us that
Equivocations are alloveed frinctpdlly to men of fcrttpulous Confcience^ for avoi-
ding of Lying. $0 thatupon the whole matter it appears. That they
are all a packof Juglers. Thofe of them who have little or no con-
fcicnce will lie without fcruple, and thofe who are of fcrupulous con-
fcience will Equivocate without fcruple, and therefore we may juftly
defpair of ever learning the Truth from them.
S AuguftinusdeHjerefibuscap. Lxx. de Prifcillianiftis.
Propter occultandas autem contAminotiones (jr turpitudines fuas hahent in
fuit dogmatihus hoc verba : j
Jura, ^erjura, feeretum prodert nolf.
This principle jumps with thofe of the Jefuits, and may be thus
Englifhed,
Swear and iforfwear you muft, and not
Confefs one tittle of the P L O T.
F I i'.
DISCOURSE
O F . T H E
Peerage & Jurifdi(2:ion
O F T H E •
LORDS SPIRITUAL
' • • ''IN
pArliamen t.
Proving ftom the Fundamental Laws of the Land,
the Teftimony of the moil Renowned Authors, and the
Practice of all Ages. •
THAT
They have no right in claiming any furifdiaion
IN
Capital Matters^
Give unto Csefar the things which are Caefars, and unto God the
things which are Gods ^ Matth, 22. ver, 21.
LONDON,
Printed in the Year M DC LXXI^C.
R$s -■■ u.^3 2-'5C7SO^Vatj-j1:^5 >:tfae -^ 27:K-£vati'jf^vc,^; ,t;?s ct?2 a-?--).
«»^ <9» c4^ «4o •4'* •^*» *'t* *i* *5^ *'?'* *4** ♦$» •t'*
T O T H £
READER.
Ntbk licentious Age, an J efpedaj at this Jun-
dure of rime ^ when every imperthie?it ScriDler,
and feditious Panlphleter, hath free accefs to
the Prefs, it may 'he thought neither Prudeiit
nor Honourable^ for a Man of Sober and Se-
rious Thoughts J to coine into the Field and lift
himfelf among the Unlearned Multitude of
Writers that are in thefe days. That Popu-
lar Applaufe which is generally expeded from
this Method , is a thing which I (more ajuhitious of being pub-
lickly ufefid then public kly known) 'never defigned to pur chafe at
'that rate 5 and therefore is not the Motive that 'induced me to this
Undertaking. I would have been glad^ if any other of greater
Learning Parts, had done the World fo much Favour, as to
have • made a Perfedt Difquifition into this Matter, and to have
difcufed the Point according to the Merits of the Caufefor then
I doubt not but the Reafonablenefs of the Hbufe of Commons
DiiFention from the Houfe of Lords, would have- appeared to all
Impartial Dif-interefted Minds. As for my own part^ I confefs
that partly through the Gonfcioufnefs of my own Inability, and
partly through my Unwillingnefs to be concerned in a Thing of this
Weight, I should never have engaged my felfinit, if I judged
it not necejfary to vindicate thofe Perfons that are abufed with
feveral undecent and unjuft Calumnies, in a late Book intituled^
The Honours of the Lords Spiritual allerted^ isc. together with
its Preface.
( b ) , This
To the Reader.
This, together with a Defire of Informing the World a Thing
which is much talked of, but little widerflood, -prevailed with me to
omit noihhig which might he Serviceable to my Country, ayid Condu-
cive to the Unity and Peace of this divided Kingdom, efpecially
when it is to be feared, there are too many fuch as the Author of the
above-mentioned Book, who under the Ipccioiis pretence of Loyal-
ty and Affecfion to • the Church, do what in them lies to make the
Cap."wider, Diftemper wore Incurable. That I may ?iot feem to
injure him, you may confider the Vefign of his Difcourfe ^ The Per-
fons agamft whom he direds his Pretace, are thofe who withfiood the
Pretenlions of the Bifhops to Jurifdictionin Matters ot Blood: thofe
are no other than that Honourable Allcmbly , thofe Champions of
the Proteftant Religion, and the Liberties of the People of Eng-
land, the Houfe ot Commons in the latl Parliament. To Revile
the Reprefentatives of the Commons of England , and in theniNvc-
tually the Perfons themfelves that are Reprefented, with fuch Scan-
dalou'S Afperfions, and Opprobrious Refiedionsas-. Being favourers
of the Rebellious Commotions in Scotland, Ill-nattired, Genib-
rioLis, Covetous, Sell-feektrs 5 and which is worfc than all this, as
being of the fame Principles with thofe that thre"'w down Epif-
copacy, took up Arms againft their Native Soveraign, Plundred
and Deyefted His Majefties moft faithful Subjecfls of their Good^,
Eftates, and Lands, and embrcwed their Violent, Wicked, and
Rebellious Hands in his mod; Sacred Blood, isc. I fay, fuch Scur-
rilom and SatyricaTLa?iguage thrown upo?i the very Pace ot Audio-
■ mj,doth ill'-becofne the. Religion of a Chriftian, ayid the Honefty of
ta trueEnglilh-man. It is a liiiown Maxime among Men of hotiefl and
fiber Principles, and Lovers of the Englilh Nation, That Nothing
can make us Happy or Aliferable, but an Union or Divilion a-
mongft our Selves: If there be a good Underftanding bet"wixt
Prince and People, notliing can make England miferable 3 but df
there be Jealoufies and Divifions, nothing can make it Happy.
Therefore whoever, they are,that by reciprocal Accufations, and rai-
y/7z^o/mutualjealoiifies of the Onds good Will and Affedion, and the
Others Loyalty, efpecially in things that are falfe in themfelves, deferve
to be lookt upon as inveterate Etiemies to the Peace Elappinefs
of Kingdom: And yet you viay obferve, thatywhofoever can give
the Coutt the woy?/SatyricaLLanguage,. tg bejeckoyied the
moft Zealous Patriot, idc. A;id thofe, forfooth, vF/6o can with the
greateft, Scurrility , and'the ntcyft: reproachful Epk-he-ts^ afperfie the
Houfe of CovsSmpi'ts^., wouldhe. thoicght the
But //Integrity and Religion it felf be ?iot quite ba?iished fpfvi phe
, Converfation 0/Mortals, both thefe forts 0/People will fail of their
Expeda-
To the Reader.
Expectation. I have read of two great faifojirites of PAcxzndct
the Great, Hepheflion and Craterus 5 dtie of them (faith my
Author) Alexandrum dilexit, hat th^xother dilexit Regem:
It may he a Quefiion which of thefe wa^y the better Subjehi, 1
shall not u?idertaM-\ to determine it, hut shdll leave it with an
Obfervation of that^ Noble and truly Loyal Courtier Sir Thomas
Coventry, Lord Keeper of the GxcdZ St-A to^His late Majefty,
in a Cafe of the like nature: Some «(faid he to the Houfe 0^
Lords) would have the Kings Prerogative rathe-r Tall than
Great, others e contra 3 fome do love the King, rather tli^h
Charles Stuart 5 .others e con^ar {b2it rtdoat hv$ Sentiments jre'AT?
of thofe Matters, you mufi gather from what he faid a liftN af
ter ) None can be truly Loyal, but he that is a good Patriot 5
and none can be a good Patriot, but he that is truly Loyal.
The Intereji of the King and People are fo interwoven and Imlied
together , that none caji be truly faid to be a Lover of One , h2it
he m22fl be a Lover of Both.
B2it to return to our Author, I Protefl I have perufed the w hole
Volume with the greatefi Impartiality that can beand except
his Sawcinefs a?2d Ill-nature agai72fi the Houfe of Commons,
and Gentlemen of the Long Robe, I fmd nothing in the whole .
Book, that deferves any Animadverfion : It vs evident from hiy
Method of Arguing, and Medium's he maketh 2ife of to
prove his Aflertion, that he is altogether a Stranger to the very
State of the Controverfie 5 and that notwithftanding his Confi-
dence in Ajferting^ his Book difcovers more Ignorance, than his
Preface doth Petulancy: And it is no wonder^ for Ignorance and
Impudence are generally Concomitant: And this is al that 1
think fit to fay i?i Anfwer to him. The Reafon why I fubjoyn the
following Difcourfe, is,beca2ife although I cannot perfwade my felf that
he deferves a Refutation,ye/Truth which he labo2irs to darken
with an Impertinent Harangue, deferves to be cleared and de-
monftrated: If a?2y shall go about to Attacque this Difcourfe
with Drollery, or Satyrical Invedrives, I decleare before-hand, I
Jo not reckon my felf obliged to Reply I do not think it a Re-
putation for Men of Senfe to Combate at thefe Weapons, 5
But if Occafion be, I shall fend his Anfwer to the Dung-Carts,
or Oyfter-Boats,/row whence I do2ibt 7iot, but he shall receive d2ie
Corredfion for his Folly and .Impudence 5 but if he Ajfault it
with Reafon and Sobriety, he shall find a Defe7ice agreeable. I
mufi confefs I am heartily forry at the Occafion of this Difpute,
it hath unhappily fallen out at that Moment of Time, when above
all
To ihc Reader.
a^l things it was 7iees(j[iir}.fDr the Church aj:cISid.tcto(Zon(cAc-
rate ami joy nHatid in Band, to the lluine W Confuhon cf the
Common Enemy, cmd'ibe Extirjatkn of ttat ToyfoncUs Want,
wbofegrowth will cpiickhbecome fatal lo.bcth: tm however as it ,s
hard on the one ftdejhat any shcnld le cctnfell^tolay down that
which they fitPpofe is their Right; fo cn the dhrjtde, ittsatbing
unreasonable and of dangerous Confequence, to admit of anylmmta'
tion, though it were in a Matter of far lefs Moment than this ts;
Co that there is,great Reafon for both fides to tnjift upon tt. If
this Enterprife of mine be jo fuccesful, as to convince^ thofe that
are in the viijiake, then I contpafs my End, and am Satisfied ^ which
that it may do, I refer you to the-Confideratim of the following
Difcourfe.
FarcrcE
r o
A
DISCOURSE
OF THE
Peerage and Jurifdiftion of die Lords Spirhiial.
As the granting of large Immunities, Priviledges, and Pciifellions to the
Church, doth well become the Piety and Religion of a Chriftian Prince,
or any other Sqpream Power; And as the robbing of the Church of any
of its Jull Rights, lawfully granted, is Sacriledge of the Highqlt Nature :
So it is the Duty c;f all the Sons of the Church,upon all Occafions, thank-
fully to acknowledge the Bounty and Munificence of their Pious Benefactors, and to
forbear all unjuft Claims and ambitious Pretenfions to things which vyere never grant-
ed : A failure in this is almoft as great an Immorality C confidering the Quality and
ProfelTion of the Offenders') as the former. And it is doubtlefs not onely lawful, but
commendable, for the perfons whofe Right and Property is invaded in either cale, to
defend therafelves with all theif power againrt the Invaders; ofherwife we muR con-
demn our Anceftors, who defended the Kings Prerogative, and the Subjects Right,
when it was encroached upon by Procurers of Citations and Procefs of Provifions and
Refervations of.Benefices, Difpenfations for Pluralities, from x\\q l%urt cfRome;
and withffood thofe unreafonable Demands of Abfolute Exemption from Secular
Power made by the Clergy; and fever;il other things about Marriages, Legirima-
tion, which they claimed by vertueof feveral Decretals of their Popes and Coun-
cils : I confefs if there were either Statute-Law or Common-Law for the BiJIjops Vo-
ting in Capital Cafes, I would be very far from arguing againit it, for that were to
call in "queftion tljpir undoubted Right. But if there be any reafon to make me be-
lieve they have no Right at all in that cafe, I hope it will be excufable in me-to make
an Impartial Enquiry into the Thing. , .
If the iumlhave any right of Judicature in Capital C-afes, -it milft be ei-
ther jure or jure hhrnam ;• if the former, it muft be proved out of the Neiv
Te fttViientjor there is no confequence from the Authority and JurifdiCiion of the
Trieff under the Law to the Authority B(/Ijops undfr the Gofpel, and that is the
mofl: generally received Opinion among the Proteilant Divines, thofe at leaft who
have lifted themfelves under the Banner of thein its defence a-
gainft the exorbitant power and ufurpation ol the B^/l'op of Rcme^ who makes ufeof
the fame Argument for the Authority'of his Holinefs in Cathedra: Becaufe whatfo-
ever is alledged out of the Old Tc (lament^ is either part of the Mofaical method of
adminiflring Jtiffice, proper onely to the Judaical Oeconomy ; or elfe belonging to
the Temporal Conftitutioil of the Kingdom of Ifrael tinSJudah^ which are no more
binding to us, than thofe Laws of theirs whereby each man recovered his right and
proper;:y: or than.the Laws ol the Syrians^ or any other Nation were binding to
the jeivs.
Thofe InRances that are ^iven of fo great truR repofqdin, and Honours conferred
upon,,Spiritual perlon^by Chri fiian Brinces^ after the firR three Centuries, can prove
• no raorcjbut that fo was the ConRitution of the Government of thofe Kingdoms ^ and
doth not follow that therefore it muR be fo in all otherliingdoms: for which cauic
It is evident, that the firR Four Chapters of the Gentlemans Book, are alfoo-erher
impertinent.
If the Spiritual Lords ground hot tlieii* Claim uphh Divine Right^ tiren if thev
have any at all, he hy Humane Infutittton.: My bufinefs is not to exaniine
wliether fuclf an InRitutioh were good aiid reafonable, or not \ That I leave to the
Con-
( o
Conricieration of the Parliament, in whofe Determination every true Subjed: ought
heartily to acquiefs : but all that 1 have to do, is to examine whether or no there be
fuch an Inllitation, and that is the point Which I intend to infill upon.
No Humane Inftitution can do their Lordlhips any kindnefs in this, except the
Laws oS. Etigliind^ and thofe are of two forts, either Statute-Law, or Common-Law :
The former is not pretended to; the onely quellion is about the latter : for that
fame Law which gives them power to fit in the Houfe ol Lords in any cafe, gives
them power alfo to fit in Capital Cafes, if they have any fuch power ,• and • that they
have no fuch power by the Common" Law of Etiglind^ is the Proh.nidnm,
Thofe in whofe power Originally it was at the firft reduction of this Nation under
Rules of Government to Inveft Religious Perfons with Honours, Jiirisdi£f 1071s and
Trtviledges •, might by the fame power have made them greater or leifer than they
did and confequently might at the firft Inftitution have limited the fame '^uri^dt-
[Hon, &c. to fuch and fuch matters as they themfelves thought fit to intruft them
with, and not to others. If thofe perfons that firft conferred upon fomeof our Cler-
gy-men that Jiiri^dMion which they now enjoy of Voting in the Ihgh Court ojEar-
itdmenl,\\v\ givpn it indefinitely in all Matters, and over all Caufes, and they had
exercifed their Jurifdidlion accordingly from time to time, then their right nad been
indubitable ,• but if this limitation had been made, that their JiirpsdiCiion fiiall ex-
tend to all Caufes, except fuch as are Capital, and they never exercifed any jiiritg.
in fuch,; therf there cannot be any cololir or ground of Claim. Now the Cow-
7don Larsj'xs a general Cuftom or Ufage in this Redlm in all Ages pradlifed and al-
lowed beyond the memory of man ; and becaufe there is no Record, nor any other
undeniable Et^idence of its commencement, it is therefore prefumed to have been a'
Law ever fince there hath been any Government in this Nation : Seeing therefore that
the JurlsdiHion of the Bifrjoys in Parliament, is fuppofed to be as ancient as the Go-
vernment it felf; If it can be proved that by the Common Law (/.c.} the continued
pradliceof all Ages, the Tranfaiftions whereof are Recorded, the Clergy never did
exercife JumdiiHon jn Cafes of Blood : then inafmuch as no Record maketh ap-
pear what time this*Cuftom did begin,we muft of neceffity prefur^e that their.not Vo-
ting in Capital Caies, is as ancient as their Voting in any Cafe ; and confequently
that thote who firft conferred upon them their JuriidicHor, in Parlrament, gav»e it
with this limitation, that it ftiouid not-extend to Capital Cafes.
This being premifed, I lhall proceed to pro^ that by the Common Law of Eng-
hnd, p if not by an Atl of Parliament ") the Lords Spritual have no right to Vote
in Capital Cafes : That will bedone'if I demonftrate tliefe two things ;
I. That tlieir Voting in Capital Cafes is contrary to the intent and meaning of
Magna Chart a.
1, That it is contrary to the known pracftice of all Ages until this day.
The firft I lhall prove from the Reafon and Nature of the thing, and from Prece-
dents. •
By the 29 th of M igua Chart a it is ordained, that, Ehillus liber homo cafiatur vet
imprifoiietur, ant nt lagetur, aut e,suletur,atu aliquo modo dejlrnatur, nec jupr
eum ibimns., nec jtiper eiim.mitt emus nijiper legale judicium pir mm fnornm, ''Sc. And
accordingly the Precept of the Lord High Steward to a Serjeant at Arms, is to fum-
rnon. Tot S" tales PJorninos Magnates, S proceres hi'jm Regnt Avglia pradicH R.
Comitfs pares, ef'c. Co. Jpift. 28. Whence it is evident that every Judge muft be
a Peer {par) to the Prifoner; and I do think it a very eafie matter to prove that no
Spiritual Lord as fuch , is Invefted with that Parity whicli is requifite within thq
intent of Magna chart a,x.ScouP6.tut.t him a fuffitient Judge upon the life and death
of a Temporal Lord : Before I enter upon the proof of this, it will be neceifary to f^
fomething of the Nature of their Peerage. •
Their Peerage doth accrue either by the Inveftiture of their Billiopricks, ipCo f ado,
or by their Summons to Parliament; itns agreed by all Authors of greateft Authori-
ty, that they are Parliamentary Lords immediately by their Inveftiture and Inducfti-
on into the Temporalities, which are held of the and are there-
fore
C 3") . ,
fore Lords of Parliament ovX'f ratione temira ; fo is Co^e^ Stamiord^ Seldtn^ and o-
thers : But tliey are not intituled to any more Honour or jurifdi&ion by their Writs,
forthefe two Reafons: i. Becaufe a Summons to'Parliament cannot of its felf create
a Baron, for then all the Kings Judges, Serjeants and Councel had been ennobled in
divers Farliaraents in the time of i. in all of Ed'ju. 2. and moil; of Edw. j. lor
they had then the felt-fame W.rit that Earls and Barons had, yea and the Kings two
Efcheators had the fame Writ, Annis 12. and : Edu^.z. Tlie firit Summons ex-
tant upon Record is that of 4:; H. 3. which'is one joynt Summons to all the Lords
and Judges ; and is the fame in fubftance with the Writ of Summons at tliis day,
which is given to the Lords, and differs onely in matter of form, Anioz^ Edzv. i,
2 3. 1 he Writs are feveral, the only difference is in tfie Style, and tjre words fol-
lowing, Siij>er arduis negoti'u qiiibn^dAm nos RegnumiwArnm^ vos ra-
tero(qnrTreJatos de eode7n Regno tangent&c. To the Biiltops and other Cler-
gy To the Temporal Lords after the ftyle the Writ runs, A%, &c. ©' z os cateroj-
que J)roceres fS Tn.ignates; ^c. taugenszbm^ &c. To the Judges it was, Eos
Tero\quf de confilio noflros, drc. tangfntibm. But in all thefe, the which
is the moR eifential part of the Writ, is the very fame ; zm;:;. Vobss Elandamus ut^ e^c,
peri'oiuiliicr interfitis fnper didtis negotiis am Rege ^ cxtcr 'is magnatibus & procC-
riLus^ ddc. trataturi, ve(lrumqne confilium impenfun^^c. The 'fame is the 27 of
Ed.i. and almoft in all tlfe'time of Edzv. 2. and from the 2cth to the 49th year, of
Edw. I. That which I infer from this, is, that either a Writ of its felf without the
performance of other Ceremonies, as Tnvejiiture of R^bcs, Sic. cannot make a man
Noble ; or clla the Judges in thofe Four Kings Reigns having^hcfame Mandamus in
their Writs which the Earls and Barons had verbatim^ and the fame in fubftance with
the Mandamus to Peers at this day, were all ennobled.
And further, There doth frequently occur in ancient Records and Writings a dif-
fercnce between Barones majores^ and Baronies minores; the firft are called feme-
times Baronsy and the other Barons Teers. That they both received their Writs and
fate in Parliament, is undeniable: The Nobility of the, firft was without doubt in-
heritable, but fo wasnotthe laft, but \YQre called Barcns Beers^ becaufe of the pa-
rity of their Revenue. Thus faith the Modus- tenendi 'Parliamentum, always allow-
ed for Authentick before Mr. 7 {ummoneri & venire debent omnes cd firigiili
Comites Barones eortim.-pares fcilicet ilU qui habent terras ad valentiam nnius
Comitatus inlegrt^ viz. Viginti peoda., cRc. vel ad valentiam //wru" Baron,cc, &c. c/
nulli minorcs Laid {nmmoneri debent, fed fl eorumprafentia nca faria z tluUlkjiu-
rit Rex foli'bat talibus brevta mittere. So that thefe Baronurnpares, or Barones
tninores, becaufe of the Parity of their Revenue, were called or omitted ad'libitum,
thou'gh the tnajores ou^n to be fummoned de jure ; which proves a Writ of Sum-
mons to Parliament, doth not ennoble the Party, ptherwife tlAs Difference muft fall
„ to the ground. The Roll of 18 Ed.^. N.^j. Is that the Caufe of Summons was de-
dared in the prefence of the King and divers Lords there named, dr auires Bdroiies,
cr Bannerettes. Chevaliers de Comites, Citizens ^ BuYgei'u,&Ci Sp 46 of Ed.^. N.j.
the Roll IsfDtikes, Earls, Barons and Bannerets : And in many of the .Parlia.ment
Roils of A.di it occurs by t\\eBrelates, Earls, Barons, and other Granddes ; by"
which it is evident, that anciently there fate in the Houfe of Lords fometimps fome
.that were under the Degree of-a Baron, and they could not be Lords by Inheritance,
becaufe a Barony is the ioweftDegree of Inheritable Nobility ; but they could not be
thereprefent without their Writs.: It doth therefore follow, thata Writ^ogether with
an Appearance in obedience to it, doth not Ennoble the Party. Note, That anci-
, ently the King by his Letters could have difcharged any Banneret from ferving in
the Lower Houfe ; .becaufe, if he pleafed, he might upon occafions have fummoned
him to ferve in the Houfe of Lords j and that is apparent from a Record in the yth of
R/ch.z..R.4z. dorfo. ^ir Tho. Camoyswas chofen one of the Knights of the Shire for
Sur? ey, and his Father and Grandfather had been furhmoned to feveral-Parliaments^
before : the King difcharged this Gentleman from ferving in the Houfe of Commons,
becaufe Tpfe Q faith the Record) ^quamphires Antecefores fui ^anueretn fuerint
Nos
C 4 )
Kos animadvertentes quod bujnfmodJ Bahneretti ante hac tcw^ora in Miiites Comi-
tOitus eligi minime co7ifuevertinty &c. if this Camuys had been reputed a Baron^ the
Country would never have chofe him ; and if he had been really a Barcn^ the King
would never have dilcharged him becaufe he was Banneret^ but bccaufe he was
a Baron.
Another Reafon for this may be gathered out of the Patent of Beaiichamp of
Holt J the words of which are thcle : —Sc lat its quodp-o boms ^ gratuitss (rrvitiss^
qua dilebtus fide I'm Miles nofier Johannes de Beauchamp, de Holt, firefihallm ho-
[j>itii nofiri, nobis impendit^ ac loco per jpfum tempore eortnaUoms nofira hnciifique
imy>enJiSi& quern fro Nobis tepere pot erit injuturim innoflris confili'is & par li amen-
tis^ nee nojiy &c. if fum Johannem itdmjum Parium & Baronum rofiri Anglia
prafccimus^ volentes quod idem Johannes & haredes rnafinli d.e co?pore fuo exeuntes
fiatum Baronis obtineant^ ac Tdomini de J3eauchamp ^ Barones de Kiderminfter mm-
cupentur., in cujm^ &c. T. Rege apnd\1odQi\ock^ lo. OA. It is probable tfiat he was
created jS/zrow before he received this Patent, becaufe the Patent wants the words of
Creation ; Tpfum Johannem prafrcimm .• but it is not faid,/rrprajentes prafcjmusi
apd therefore the Patent ruftning in the preierperjiA terfe cou.d have no other ope-
ration but only to Jlccord a thing which was pall: but he was not Created b>' Writ
before the Patent, bccaufe it is dated 0(^.io.and he received no Writ till the Tdcctm.
following: Wherefore feeing that undoubtedly he was a Bliron before he received
either Patent or Writ ; for the Patent, which is Matter of Record, hxthjpfumpraje-
■cimus ; it follows , that befora this time a Baron hath been created without a Writ,
wliich could be no othtrwife then by the performance ol a Ceremony, as Jnvefiiture
of Robes., 8cc. and this Parent was only an entring of the Creation, being a trarjitory
thing upon Record.
2. Admitting that Barons have been created by Writs, yet Trelates are not crea-
ted Barons by their Writs, bccaufe there is a difference between a Writ fent to a per-
fon that hath no right ex dtbito jufiitia to demtsnd it ; and a Writ fent to one that
was a Lord of Parliament before, and ought de jure to have been fummoned. The
former,together with the perfons obedience, may perhaps make him a Baron: but the
latter Iconreiz-e doth not make any addition to, or enlargement of, their precedent
Honour, but orily fummons them to exercife their Jurifdicffion, and put that power
which they have in execution, and that is only redncere potentuim in aihtm., other-
wife every Lord would be newly created at every Parliament ; every one to whom
the Honour is entailed, would have a Fee-fimple, for a Wnt will make a man a Peer
in Fee without the word ( Heirs} and every Lord Billiop, L. Keeper, L. Trtafurer,
L. Privy Seal,would be as fuch Inheritable Peers, or at lea«ff for life, which are both
falfe ; for after Regradation their Peerage is ended : Wherefore it being certainnhat
all the Lords both Spiritual and Temporal ought to be fummoned to every Parlia-
mcnt, the Summons mull of necelTity have refpcdl to that Right which doth entitle
them to demand them.
The Inference which I draw from all this, is, That the Lords Spiritual having no
Peerage upon the account of their Writs, cannot claim any at all, except it be Jure
Epi{copatuSi (that is} ratione lerrarum qua-s tenentper Bdroniam. So that now I
come to the next point; viz,. Whether fuch whofe Peerage is ratione tenure., and
dies either with the determination of hiaEftate inthe'Land, or the dilfolution ofthe,,
Tenure, be a competent Judge of one whofe blood is ennobled in cafe of life and
death, withih the meaning and intent of Magna CbhirtaysiMxcks. enadfs that every' one
tr-^zd per legale judicium parium fiioYum. 'HhQ Negative I hope effeiffuaily to
prove from thefe following Reafons:
I. Every ones Reerage ought to be meafured and proporticaed according to the
limits and extent of that ratione cujus he is a Reer; he that is a Reey\ not only upon
. the account of his Polfeffions, butalfo upon the account of the quality and.nobility
of his Blood, hath a right of Judicature and Legiflation both m thofe things that re-
gulate Mens Eftates and Properties, and alfo in thofe things^th;>t concern Life and
Death ; buthe that hath no butVhat ispradial or feudal, and not per-
C •) )
foruil a Ttera^e accruing by vertiie of his Tenure and Pcirclficns, and not the No-
biiity of his Blood, can have no JurifdicTio'n tut fuch as is agreeable to the nature of
his Peerage; that is, fuch as fliall extend to niatters of Property and PolfeUion, but
not to m liters of Blood ; for as to this he is no more a Peer (e. 'Pay) to a TcmpOf
ral Lord, than any pivate Gentleman, and therefore harh no more Jurifdidfion;
for it is Parity that makes a man capaLIe of Jurifdidtion v/irhin the Stature : This is
coitfirmed by the Authoritv of that Learned Antiquary, Mr. SrUcii^ in the
firil Edition of his Tttks of rfu/wip-, a Volume in (T-pr/e, ^47, f which [ the rather
cite," bccaufe it was Printed in King Jameshis time, ana therefore not liable to ex-
ception ) his words are thefe ; A [hall not be tried by Peers in Capital Crimes],
brcauC tbc[e are ferfnal, and bis bein^ a Baron, is Ilatione Tenure, and not ofyer-
[on il hhbility. So it is in Br. Abr. Tit. Enqueft 99. Alihough in an AAionfor Land,
See. a Bijljo^ Jbad b ive Knights in bis Jnry^ as other Lo>-ds, yet 'zah. n he is trycd
for bis'life its laid) he Jlnill not have Knights in his fury: By Which Book it is
evident, that a Bilhop is a Peer not in refpc(T*of his Perfon, but of his l^oTcfTions.
2. The who^eSiatute of Magna Chirtaisz Grantor rather a Confirmation of the
Privilcdgts and L berties of the Subjects of England ; and it itl to be luppofed that the
enjoyment of every of thofe Priviledges that are there granted, is a great advantage
and hippinefs to the Subjedt B^but wherein the advantage of a mans being trycd yer
Pares doth lie, is a Point worth the ConfiJeration : I conceive it to be this, When
thofe are to be Judges, who may be under the fame Circumfiances with the Prifoner,
anJ when by their Judgment the Prifoner can lofe nothing but what his Judges, if
they be under Ins Circumllances may lofe alfo ; he may expeifthat they will not give
Judgment but upon Mature Deliberation, and that the Confideraticn that it may he '
their own cafe will deter them from giving a rafla judgment againfi: a man that is in-
nocent, or not apparently guilty : Whereas ifa mans Life and Fortune, his honour,
the Inheritable C^ality of his Blood, his Name and Reputation, and whatfoever may
be comfortable in this World, were difpofable at the will and pleafure of inferiour
perfons, who have not every of thefe tliemfelves, and confequently know not the
true value and worth of them, nor the importance of the matter that is judicially
before them ; it may bepreruined that they will not be fo careful and concerned in
theCmfe; and it is to be feared they will be too ready to give an inconfiderate and
raili judgment. This I take to be the onely benefit of a mans being tryed by his
Peers, which is very fignificantly exprelled m the Statute DeProditoribus, 2,- Ed.
caji.z. in thefe words ; Et de ceo kit frovablement attaint de qvert fait per f^ents
de loiir condition, 8<;c. But to apply this to our prefent defign, let us confiJer what a
Temporal Lord loferh by an Attainder ; In the firif p'ace he loferh his Life, his Efiate
real and pcrfonal: df that were all, a Gentleman might be his Peer; but there is
fopierhing more, he forfeits his Ndbilit^y, which is irrecoverable, being quite extin-
guiilied ; tile inheritable quality of his Blood is thereby corrupted, the Houle of Lords
themielves fuffer with him, for they lofe a Member for ever: But a Bilhop foifeits
nothing but what he hath in his Natural Capacity, and if he be confidered as fuch,
he is no Peer; if he be confidered as a Bifnop , t. e. As holding Lands of fuch a Va-
lue in the Right of his Bilhoprick of the King, he is a Peer, but his Peerage is in fi'o
danger throu|jh his Attainder; the laccefiion ^ which he is fuppofed to be as tender
of as a Natural perfon is of his Pofterity} is not thereby tainted ; for his Pcerage,tQ-
gether with all his Pollerity and hznd,Ratione cnjas he is a Peer,go to the Sucredbr
witlput any reflauration ; (^(eo Stamford 6. f and fo the Houfe of Lords lofe
never a Member : Kow then can Billiops, having no N<^bility which they can lofe,
and confequently not being Gents de lour condition, be fit Judges upor/the Life and
Death of Noble-men ? And upon what grounds can more Juitice be expedited from
fuch than from hone'ic fubldantial Freeholders ?
if this do not pleafe, let any of the mold violent Maintainers of this pretended Tern-
porally-fpirkual JurifdiiTion give If rational account, wherein the advantage of a
mans being tryed by his Peers, doth confild^ and let him make appear that the Lords
Temporal are any Sharers of this Pjtiviledge when they are tryed- by SiJljcys, and I am'
G fatiR
(6 )
fatisfied ; but till then, he muft give me leave to conclude, that this Jurifdidiion
which is pretended to, is an abufe of the Satute of Magna Cbarta^ and therefore a vi-
olence offered to the Liberties of the Subjects of England.
The Bilhopsare not in that fenfc the Queftion is above flared in, becaufe
they fiiall not themfelves be tryed by Eecrs in Ear Lament : If their Earzty be nor
I'ufficient to Entitle them to demand a Tryal by Temporal Lords, then they cannot
be Peers, fo as to be Judges upqn the Tryal of Temporal Lords : but if they be re-
ally Eeers to all intents and purpofes, then we charge all our Anceflors with a grois
Violation of theSubjedis Priviledges granted by Magna Lharta ; for every Bifliop is
Liber homo^ a Subjed: of this Realm, and ought of Right to have the benefit of a Sub-
jeds Priviledge of being tryed by his Pders: But feeing by the conftant pradife in
former Ages, even in thofe times when the Tyranny of ambitious Prelates, and the
Infolence of Popilli llfurpers, did fwell t9 fo great a height; when the poor credulous
affrightned Laity, were glad for fear of being delivered Prifoners In manm ^ ciiBodi-
am Liaboli^ and feci uded from the Society and Converfation of Mankind, to truckle
at the Feet of the domineering Clergy, and condefcend to almoft all their Demands
however unreafonable or unjuft they were ,• infomuch, that Innovations iA favour
of them were eafily allowed, and new acquifitions of Honour and Power eafily ob-
tained. 1 fay, if in thofe times the Honour of being Try ed by Peers hath been denied
to them, it may well be inferred that they had no Right ,• for if it were a thing which
tfie/ had any colour of pretenfion to, is it rcafonable to fuppofe that they quietly
without reiucffancy would refign it ? when we have Records and Hiftories full of
their Clamours for breach of Magna Charta^ tlMir Contentions with their Liege
Lord and Sovereign in things that were againll the known and eflabJifhed Laws of
the Kingdom, tending to the diminution of the l\ings Prerogative, the hindrincr of
the Execution of Juftice upon Malefactors, and the difpoifefling and injurious Expul-
fion ofthe Subject from his juftand hereditary Right, where they "had no reafon in
the world for it, onely that they were •inflamed with indignation, that the Native
Courage and inbred Generofity of Mijid that was in our Ancellors, not induring
themfelves to be trod upon, nor their Necks to be laid under a Yoke of Tyranny
and Ufurpation ; did obftruct the unfufferable growth of that Power and Dominion
which their own Pride and Ambition, together with the example and fuccefs of
their Brethren in other Countries, had fpurr'd them on to. Thefe things are well
enough known to all people, whofe Eyes are opened, and therefore 1 ihall not infill
upon them ; but lhall prove that Bifliops ougiit not to be tryed by Temporal Lords :
and for tliat 1 have the Suffrage of all Learned men , My Lord Coke in the Third In-
ftitutes, Fob 30. is exprefs in the Point, Spritual Lords Jhall not be tryed by Teers.
Starr:j->rel in his Picas of the Crown, Lib. i.caf. i.De Trialpr les Teers, faith,That
the Statute of Magna Charta, and 20 K 9. Which gives Dutcheifes, Coun-
teffes, and Baronneifes the fame Priviledge that their Husbands have; Nad eft e mife
in ure dextender a iin Evefque on Abbe content que its injoient le nofme des Seignior
de Tarlement., car its nont eel nofme L Evefque on Abbe ratione Nobihtatis fed ra-
tione officii ne c,nt lieu in Earlemeni in reffebi de lour Nobilitie., ejus in refpebt de
hurpofeffion., Sc. Laiincient Baronies annexes a lour ^Dignities & accordant a ceo il
yad dixersErefidtnis dont Inn fuit in temps le Roy H8. &c. Of the fame Opinion,
and for the fame Reafon is Selden.^ nbi fiipra ; We find the fame agreed by Juftice
Tdodderidge^piig.'^^y 12, and Elfynge in his ancient Method of holding Tarliaments
pag.i^i. And the Book which I above cited,Tit. Enquef 99. 27 E;.8.in theBiihop
of Rochejiers Cafe, it is refolved, That when a Bijhop is to be tryed for Treafon, it
is not neceifary that he have Knights in his Jury, although he lhall have that Privi-
ledge in a Tryal for his Land ; v/hich proves that his Peerage is more for the Privi-
ledge of the Lands and Poffeflions of the Biflioprick, then the Perfon of the Bifhop:
as you may further fee if you compare this Book with Elowd. 117. Br. Tit.Tryal
and Eitz. Cor. 11 y. And 1 dare affirm there is- not* any one Lawyer or. Antiquary of
Note that difagrecs from this: Butbefore.I go from this, 1 fliall ftrengthen thefe Au-
tiiorities by PrecedentSr
I flialL
( 7 )
- I (Iiri begin with Adam de Orletcr.^ or Tarldtop Bifliopcf Idcrcj^ordy W'hoin the
r -■ Of F:'.z. was accufed while he was fitting in Parliatnent. of Confpiring With Rcger
M-yytim?r Earl of March^ and aiding him with Horie'^''aTK- Arms in open Rebellion ;
whereupon he was ordered to the Barr of the Houfe of Lorcl? f Re made no Anfwer to
diofe Crimes that were laid to his charge , only that he was Sitffragan to the Arch-
bijoop odCanterbury^ who was his direcR Judge under the Tope, and without his leave
and rheconfent of his fellow-Bilhops he would not anlwer : Now although the Sta-
tutcof Arttculi Cleri rellraining the benefit of Clergy to Fclcry, was m^de but eight
years before this, yet the reft of the Clergy in that diforderly time (^obferve the Hu-
mility, Obedience, and Loyalty of our Spiritual Fathers in thpfe days) had
the impudence in the prefence of the King,to pull him violently from the Barr
and deliver him to the Archbifliop: The King was enraged at this Info- 654,
lence, and gave fpecial Order to apprehend him again, which was done,
and was arraigned, upon an Indidrment at the Kings-Bench-Bar^ and upon the Que-
Ition, Hotv he "jlhUbe tryedl: He faid, Omd ipfe eji Epi[ccpns Htrejordenfis ad w-
hint at cm E)ei & Summi Tontificis,'^ quod materia praditV Articnlor fihi impofu*
adeo ardua ejl quod ip[e non debet in Curia hac fuper pradiciis ArticuB mpojid rc-
fpondere nec indc refpondere foteft abfque ojfenfu BM-vino ^ SanCtee Ecclefia. Here-'
upon Day is given over, and after forae'Continuances, the Record goes on thus ; Et
praceptum eji Vic^Cvmii' Hereford quod venire faciat coram '^Domino Regc, 6cc. tot
Qi taies^ &c. ad inquirendum front mores eft, Sic. And a Common Jury is returned^
which find him Guilty, arid his Goods and Lands are feifed into the Kings Hands, and
■ after Conviction, he is delivered unto the Archbilhop^ to the end Q 1 lupp'ofe ") that
hefliould be Degraded ; for in this Cafe being High-Treafon there could be no Rur-
gat ion. See the Record of his Attainder, Hill. 17 E.z. Coram Rege, Rot. 87. Dors' Co.
^.hft. ^c.FnllersCh. Hift. foLioj. Tho. lVa(/ingham,fol. igg. It appears by the Re-
cord it feif, and ail the hiftories of thofe times, what Artifices were ufed, and with
what Induftry ev^y^ Stone was turned by the Clergy, to keep the Bifiiop from the
Jufticeof the Nation ; and is it to be fuppofed, that they would wave their Jics Pa-
ritatis, if they had it ? We have a world of Complaints in Walfingham, and other
old Monks,-againft the whole Proceeding, but not one word of any Injury done to
their Peerage.
The next Precedent is in Trin.i^cE. ^.Rot.i i.fohn de 7/7^ Brother to Thomas Hen
Bifltop of Ely, was Indidfed in Huntington, that he with divers others,jf'rr
df procurationem Epifcopi pradicP zSE.i. 'Dice Buna pojl Ttftum Sanhfi facobi,humt
the Houfe of the Lady fVabe, at by Sommerfmm in Comitat.pradiciifS quod
pradiB' Tho.Epiftcoptis fcienspnediil^ combujlionem perpradicl' fervientes fuos efteja-
B im,dAios fervientes ^^/i^Sommcrftiam pradiCPpuftea receptavit,S)i.c.ho(\ alfo it was
found before the Juft ices and Coroners,that z^E.^.tlte faid Bilhop was guilty de affenfu
of-the Murder of one WiUiam Holme, flain by Ralph Carelefte and Walter, Ript on,
called little iVatt, upon Malice conceived againft Holme^ becaufe he followed the
Suit of the \jo.diqWake ; the Principals were attaintecf by Owtlawry, the.Bilhop was
Arraigned, and upon queftion, how he would be tryed ? He anlwered, Qpod ipfe efb
Tnembrum Domini P.apa;, '& quod ipfe ab ordinario fuoviz. venerabih Tatre domino
Simone Archiepifcopo Cant. AngliceTrimat refpondere noti poteft, & Juper hac 2)o-.
minus Archiepifcopus pral'ens hicin Curia petit quod diBus Efifcopm Idienfis, de fe-
ioniis fradiBis fibi impojitis hic coram Laico Judice non cogatur refpondcre ; ^ Ut
fciatur inde rei Veritas per inqiiijitionem Ratria pracepf eW Viceconi See. Ad quern
diem, 8cc. Juraf trial, &c. dicunt fuper Sacramentum fiium quod idem Epifcopus eft
in nuUo culpabiiis ; \td dicunt quod idem Epifcopusy>o/ feloniamjaBam ipfos fervi-
entes receptavit fciens ipfos feloniampciffe, &c, Et fuper h^c pradiff Archiepifcopus
prafens in Cud petit ipfum tanquam Membnm EccleJU fib i liber an, dp ei liber at ur
ciifiodietidprout decet. Here is a Bifliop Indicfted, Arraigned , Tryed by a Common
Jury, and Conviifted as accelfory to feveral Felonies, as burning of a Floufe, and
killing a Man, both before and after the Felonies committed : And it is obfervablep
the Jurors were tryed as appears by this Record', and that proves the Billiop had his
Chal-^
s \
( 8 )
Challenges to them at his Tryal : And is it not very hrange that th.cy fiicLi'd pro-
ceed at tins Rare againlta Teeroj the Realm^ over whom they had no jurrfd^ddicn,
and a Biihop too, at l"uch,Adfhe when the Clergy were the onely men about Court;
Simon Ciw^hatn Archbifliop ot Canterhury^ Lord Chancellor ; JViliinrif
Baler Kccpcr ot t he Privy Seal,- Uaztd Hi/-
/-r Parfon oi" A. Mafler of the Rolls ; ten beneficed Priefts, Mailers of the
C hancery • William Mul^e \Sizzn oi'S. Martins legrand^ Chief Chamberlain of the
/:'xr/;c(yr<cr,'Recciver and Keeper of the Kings Treafure and jewels ; iViUiam AhLy
Arxrhdeacon of North.imfton, Chancellour of the Exchequer ; WiUiam E)ightcu Pre-
bendary of S. Marims^^ Clerk of the Privy Seal ; Richard Chtjlerjield Prebend of S.
dLyrcafurer of the Kings Houfe J Eleti>y Snatch oi CundeU^ Mailer of
the Kings Wardrobe ; Juhn Newnham Parfon of fcnny-Jlanton^ one of the Cham-
beriains of the ; yohn Rowfehy Parfon or A/'.i'te/c/', Surve) or and Con-
trollcr of the Kings Works i Thomas Brittingham Parfon oi Asly^ Treafurer to the
King for the part of and the Marches of uzAce ; John Toys a Priell, Trea-
lurer ofThefe I have fpecihed here, bccaufe when any Examples are put
ofluliicehad againll Ecclefiallical Malefadlors, there area fort of people who pre-
lentlvcry out, 'Ihei*- •wings laem dipt •• Thty •were under contempt and hated by the
J.aity^ 8cc. But what Credit is to be given to them, may be gathered from what hath
been laid.
'Jhomos Mcrkcs Biihopof Carlijle^ was in the z H. 4. lndid:ed of Confpiring w ith
plollind Hail of Kcnt^ and tiie Dukes of Exceter and Su>rey, and the Duke pf An-
•}:aerl% Mdntacutc Earl of Salisbury , Spencer Earl of GloceHer, and others, to kill
the King : he was thereupon. Arraigned before Thomas Earl of Warwidy and other
luilicos of Oyer and Terminerjin Middle fex^ andTrycdby a Common Jury, and
found Guilty; afterward the Record was removed to the Kings Binch^ andtho»Ei-
Ihop put info the Marjbalja^ and afterward he is brought to the Bar, and being
asked, ;f he liad any thing to lliew why judgment diould nof be given on him, he
pleads liis. Pardon, and it is allowed : See the Record oj his Attainder^ Hill. 2 H. 4.
Coram Rege^ Rot.6.Co.z.Jn(ih'^6.y.Jnfl.^o.
But to come fomewhat nearer our times; fijer hifiwp of Rochesfer is Indi(51ed,
Arraigned, and Tryed by a Common jury, lor fpeaking Treafonable Words againll
an Ad: of Parliament made the 26 of H S. making the King Head of the Church, and
abohHimg the Auth.ority of the Tope of Rome ; and was Condemned at the Kings
Eciich^ and Executed, Br. Tit. Tryul 142. Incjnefl g y 27 H 8.
The lallrhat lihall name, is tliat Holy and Renowned Aichbilliop Cran-
mer^ who was Tryed with Lady G;v^, and her Husband Lord Guiljord^ and
two younger Sons of the Duke of NorthumberlandAmbrose and Henrys at Guild-
//a//, bcrt re ihe'Lord Mayor and judges, theTnird Day of Nov. inthfeFirfl Year of
Queen Hyjny s Reign, xyyj. Where they were all found Guilty, and Condemed of
Hi^ h T reafon. None ofthefewere Executed upon this judgment, except hady Jane
Cjray and her Husband , who upon a Second Mifcarriage of her Father the Duke of
Si-fj-'olb., in joyning'witii Sir Thorn as Wy at to oppofe King Landing, were
Executed in tiie Trwer the 12th of following : On the acth of April following,
C^ 'nmer.^Ridl y, and Latimer.^ were adjudged Hereticks at Ozv/ortf, and Degraded
byCommiifion from ihe Po/'c, and a little after Cardinal Tcole fnccededcranmer^
wnio was burnt as a Heretick 14thof j 5-5^6. All this is known to thofc that are
acquainted w^th the Tranfablions of thofe times; and therefore it is evident both
from the Aurhori'-y of Learned Men, and the Prabbice of all Ages in all times, that
Kilhopsha- e been Tryed by Common Juries: Andfure it was not without ground
that lo Grave and judicious an Author as bj/f/z«5!'e«,f]iou!d ray,That the Spiritual Lords
enjoy all the Priviledges tliat Temporal Lords do, laving only the bufinefs of Tr}al
bv Peers. . .
Having thus p'oveJwhat I before aiferted concerning the Tryal of Lords Spiritual;
1 fliali in tiie next p'ace confider the Anfwers that are generally made to thefe Argu-
ments and Authorities. Tiiofe I obferve to be principally two :
I. They
f *
r 9)
1. They will very well agree with thoib Authors that fay, Bifliors are not to ,
TryedbyPeer;; But then (fay they) it was not for want ofPeetage, butb-cMfe
they would not be put to anfwer for any Capital Crime before Lay.JuJncs. "
2. They fay,,, that if it happened that at any time a Bifliop was Tryed bv Lav mpr»
and bv Common Juries, then they were firft Degraded. > i-^y-men
If there were no more to be faid for this, the very reading of the fnr^ m^nf- i
Precedents would eafiiy make appear the weaknefs of thefe Objedrions •
by the very Records that their Priviledge of Clergy was .indited upon, aiXin?
• With a great deal of Zeal and Fervency ,• infomuch that the Pailag- of the Uifhn 1
Berejord, is a thing taken notice of inaipecial manner by all the moll Fambnc
ftorians of t^s Nation ; and it ts generally agreed, that about Fourteen BAoprcame
with their Croires erefted to the place ot Judgment, threatning all people wWi Tv
communication that offered to oppofe them m that which thev int^nrliri. j
we find that he was not delivered till after he was' found Guilty • And it's'm"
from all the other Precedents, that they were found Guilty, and moft n
demned to die upon the VerdiiSt of Twelve Lay-men. -But • as to the bufinefs nf
privation, you may obferve, that throughout the whole Remrrlc
Bilhops, as Elimfis and Roffcnfa, wd,ich couW not" bTif
they were Degraded; for then thefe Titles were not rightful • i
And although it being evident that fo it was dejaBo^ is a lufficient Anf
Objedions; yet for more abundant fatisfadion, 1 iliafl be fomewhat •
this, andlliali lliewthat fo it ought to be de jure. large in
In handling this Point, 1 fliali confider thpfe foliowinc^ Particulars •
tSfion,^ughtt'Jiavrbe^S:™"^ " E--Pt-/roniT;mporaI Jurifj,
2. Illiall confider fomewliat of the Nature of this Exemption and Immunity and
how far they were exempted from Secular Power. ana
I lhall examine in what Cafes it was allowed, and in what not
4. At what time. . > ^
■ y V^P" r'vi? ^'^'■sy-raen were delivered to their Ordinaries
in thofe Cafes where the beneht of Clergy was not allowed.
And laflly, 1 lhall fliew at what time regularly they were Degraded
I. As for the firft, It was generally allbwed to all within Llolv Orders wIipiT,
, Secular,or Regular, and in an equal Degree to all fucli, not refpea.nn Superior If,''
or Inferiority : The poor Country Parlon had as good and as large a Riohr
my Lord Billiop. Thisisproved, firft, From the Canous that gave this Immnni'f.^^
the firft (d think ) Were made by Pope Gaius, and thofe run; UerfcJc^aTl'
dice deculan fudicari mn debet nec ahquid contr.i fcri, fer mod id -o
km mortis vel ad mutilationem Tnembrorum vale at perverdri^ Sec See T in'^ -yT'
deforo compet. c. contiugit. Tolichro. lib.4. c. 24. oj Top, Gaius, 'and OmiXlno
his comment upn Platina, in the life oj that Tcpe. Therefore feeinc. he cannot 111.
any advantage of thefe Canons, except as Ckricus, and miiftclaiSit by the fame
Name that inferiour Priefts do, he muft have it in the fame Degree But that wl I
is a greatdeal ftronger than the Conftruaion of Canons, is the Confirmation thiT^'
made by our Acfts of Parliament; this Priviledge is granted to all tliat are Ckrici Z
Clerh in French, and Clergymen xea Englifli; and to all fuch indefinitely without'df
Itmdtion, or refped: of the feveraijlanks and Degrees of men within Holv
So you will find it in Marlebridge c.^UBef. i. r 2. An. Cler. c.x 5. ,'T **
4 /Z 4. r. 3. and the reft. So that without all queftion, a Bifliop can pretend''n /'
more Priviledge than any other Clerk caufa qua fupra. ' This I thought fit to obffr
firft, becaufe that every Authority and Precedent that I fhall brinS of an inffrfnn^
Prieft, is as ftrong for my purpofe, as if it were of a Bifliop.
II. As for the fecond Point, I Iliall not need to be very large upon it but ftfal/ nl
ferve one thing which will be feriiiceable to my prefent purpofe, and that is this °
That everyTemporalMagiftrato and Judge ofthis Kingdom, hath, and in all times
ever had, by the Common Law, Jurifdidion over every Subjed in tfie fame De-ree
® ° bf
M
I'-,
' V
?'■ I if?,)
ii i .l' Vi'
( 10 ^
of Nobility that was refident within the Verge and local extent of hi? Jurifdidion:
This Power and Authority of his being Univerfal, he was never bound to take notice
of the Priviledges and Immunities of any particular Orders and Societies of Men, if
they themfclves would not take advantage of it; fo that this fame Trefilegium
was no abfolute exemption from Secular Authority, fo as to make all Pro-
eeedings before a'Secular Judge, to be Coram mn Judtcebut the end anddefign of
it was, that when any Clergy-man was Arraigned as a Malefador before a Secular
Judge,then in fome Cafes, before he fuffered the punifliraent that was due by Law, he
was delivered to his Ordinary to make his Purgation-; if he could, then his Ordinary
difcharged him; but if he could not, then he was Degraded and fent back to the
Temporal Magiftrate to fuffer puniiliment according to his Demerits. That the Pro-
eeedings of a Secular Judge upon pne within Holy Orders, are not Coram non ^iidice^
might be proved both out of Civilians and Canonifts ; but that would not be much
to the purpofe if 1 Ihould, and therefore I lhall forbear ; only lhall take notice of a
PalTage in- Dr. Ridleys View of the Civil and Ecclejiafiical Law, pag. U: If a
Clerk ( fayshe 3 firjh Jrrejted by his Spritnal J^tdge, and found guilty ^ he JhaJl
be Tiegraded and delivered over to the Temporal power but If he be firji Arrejied
by the Secular Magijirate^ and Tryed^ and found Guilty^ he Jfjall be delivered to the
Bifhop to be deprive dj and then delivered back to punijhment. The fame in effed: he
faith/. 158. whereby he doth allow, that according to the Ecclefiaftical Law, the
Temporal Judges were alloWed to have Jurifdid/dion over men within Holy Or-
ders : But let him or any of the Civilians or Canonifts fay what they will, it's no
great matter ; we muft; confider what the Law of England faith in this cafe; for the
Canons never were in force in any farther than they were voluntarily n>
ceivcd; and fo tranfmittcd as a common Ufage or Cuftom to Pofterity by Tradition
and fo became part of the Common'Law ; or elfe were confirmed by Ad of Parliu-
ment, and fo became part of our Statute-Law, of which more hereafter. And that
by the Law of England the Proceedings againft Etclefiaftical Perfons before a Seculjir
Judge, are not. coram non Judice^ I prove by thefe Cafes: An Appeal of Robbery
was brought againft a Monk, who was tryed and acquitted upon this the Abbot and
the Monk brought a Writ of Confpiracy againft divers who procured and abetted the
faid Appeal: whereupon the Defendants appear, and go to Tryal; but the Abbot and
Monk get a VerdiA and Judgment to recover icoo Marks damages, Co. i. Infl. C:>S.
But it is certain, thk a Writ of Confpiracy cannot lye except the Plaintiff had been
gitimo modo acquietatus^ and that he could not be, if the whole Proceedings upon
the been coram non Judice. So if at the Common Law a Clergy-itian
had been Indided of Felony, and had confelfed the Facftin Court, he could not have
had the benefit of his Clergy, becaufe the end of granting it, was, that he might make
his Purgation before the Spiritual Judge, but that he could not after he had confef-
fed the Fatft: in Court. Co. ubi fupra., Stamford izg. And yet no Confeliion coram \noH
Judtceis conclufive. All which doth evidently prove, That the allowance ofthofe
"Canons which gave the firft birth to this Immunity, did not trench to the prejudice
of Temporal Judges, fo as to bar them of that Jurifdiiftion which they have over
every Subjed: by the Common Law: And the Nature of it will further. appear, if
we take into confideration the Third Particular, which is this:
III. In what Cafes the benefit of Clergy was allowable, and in what not; This
Immunity was allowed in England long before apy Statute was made for its confir-
mation ; it was allowed onely in fuch cafes as were judged reafonable, but never in
full fatisfadion to the demands of the Clergy: Kellaway j H.S. iS>i.b, But the
Clergy- Q as their Cuftom then was 3 were willing to improve any Concelfion to their
beft advant^e, according to the common Proverb, iVhen they had got an Inch^ they
would take an Ell. And to that end did with a great deal of fervency and zeal ( no
doubt) infift upon their Priviledge as an abfolute Exemption from all Temporal Ju-
rifdidion, to all intents and purpofes, extending to all Crimes and Offences what-
foever, and thundring out Excommunications, and fuch like Maledidions, forced
fome people for quietnefs fake to comply with them, (as appears by Braclon^
f /
Vide Parlianji
held at Cla-
rendmniiH.z.
< II )
lilf.fol.izi.) to the great incouragement of all forts of Villanies and Outrages, and
confequently to the grievous oppre/Tion and vexation of the Subjed: for this affu-
ranee, or at leaft hopes of Impunity, let loofe the Reigns of R^ine and Violence,
and was the moft efFe(9:ual courfe that could be taken for the diflolution of any Go-
vernment, and the utter defolation and mine of any Country whatfoever. To give
a check to this exorbitant Licentioufnefs,fl:ri6t care is taken by the Judges
and Magiftrates , that Juftice be duly executed, and Offenders legally
punifhed ; and therefore the Triuilegium Clericale not* to be allowed in
any Cafe otherwife then according to the ancient Cuftom : Hence were the
feeds of Envy and of a very lafting Difcord between Church and State fown; no-
thing but Animofities, Rancour, Revenge and Hatred, is the SubjeiR of the Hiftory
of thofe times, elpecially the iimQ o'l Thomas Beckett: Bulls, Citations, Excommu-
nications, on the one fide, and feifing of Temporalities, Imprifonment and Banifh-
ment, on the other fide, were the Complements that people were entertained with
in thofe days : Thefe Differences grew to fuch a height, that although through a for-
mal Reconciliation, both Parties leemed to be pacified; yet the Root of the Matter
remaining untouched, the Fewds break forth, and the Matter muft be decided by Ad:
of Parliament: And fo I fliali by the conftrudion of thefe old Statutes, and other Pre-
cedents, give a dired: Anfwer to the Queftion.
I. It is undeniable, that Trivikgtim Clericale was never allowed to any that
were Guilty of Crimen la^a Majefiatu : The firft Statute that we find among the
Printed Statutes, which doth diredly*fpeak of it, is jVeJlm. i. c.z. which, is declara-
tive of the Common Law by the exprefs words of the Statute , Solon que le
pom avant ces heures ufe^ but faith not one word of Treafon, only allows the Pri-
viledgem C^Ces o^Felony^ Si Clearke foitq^nfe pur rette de Felony. Wherefore this
Statute being in the Affirmative, determines nothing concerning Treafon, but leaves
that as it was before at the Common Law. Not long after the Clergy renewed their
Complaints, and among the reft, complain that Secular Judges have paffed Judgment
of Death upon men within Holy Orders, and claim their Priviledge abfolutelv and
generally in Articles feveral, which they prefented to the King in Parlian^ent! To
this they receive Anfwer by the Statute commonly cdicd'Articuli Cleriy in thefe
wo^s : Cleric us ad Ecclefiam confugiens pro Fe Ionia pro Immunit ate Ecclejiajlica ob-
tinmdaFscc.gaiidebit Libert ate Ecclefiqftica.^ juxta laudabilem confuetudinem Regni
hacienus ujitatam. This being an Anfwer much like the former, did not fufficientiy
anfwer their Defires, expreflingonly Felony ; nor on the other fide did it hinder the
Temporal Judges from proceeding again ft them, as againft Lay-men in Cafes of High
Treafon, as they had done always before : Wherefore they do afterwards, in the
25'th of £'.5. make a; grievous Complaint, that the Kings Judges had giv^en Judgment
of High Treafon againft and Cibthcrrp., Priefts, and feveral other Religious
Perfons, whereby they were Hanged, Drawn and Quartered, to the great Diihononr
of the Church, To this they have a diredt Anfwer by the Statutes of 25 jE".
C.4, Sty. Whereby ( reciting their Complaint) it is Enaded and Declared, that all
Clergy-men Convided for Treafon or Felony againft any other Perfon than the Kings
Majefly, fliall enjoy the Liberties of the Holy" Church, dfc. and from henceforward
( but never before) the benefit of Clergy was allowed in Petit Treafon, till by zj,
& 25-, 8c ^2 H. 8. it was taken away ,* but High Treafon is excepted out of that Sta-
tute &f E. and therefore was ever fince punifhed without the allowance of Clergy
as it was before : And accordingly the Abbot of AFffenden wa.s Condemned to be Han-
ged. Drawn and Quartered, IPro contra faElione & re(e£lione legalu moneta Anglia^
Mich, coram Rege E. ^. Rot. ^ 5-. And it is taken for a General Rule, Trin. ±i E. ^.
coram Rege., Rot. Quod privihgi urn Clericale noncompetit feditiofo e quit ant i
cum Armis., 8cc. Thus I have fliewn that in the Cafes of Orleton^ Merkes.^ Fijher.^ and
Cranmey\ the benefit of Clergy could not be allowed by the Lavt^ of England, they
being Cafes of High Treafon.
But in Cafes of Felony, the benefit of Clergy was always allowed, till it was taken
away in Cafes of Murder ex malttia praccgttata, Poyfoning, Burglary, Robbery, &c.
by
( ) ,
by the i Sc 6Kdw. 6. cap. 12. 8c cap. 10. This is fufficient for this Point,
IV. The Fourth Queftion, At what time the benefit of Clergy ought to be pleaded
or demanded? comes to be examined. I conceive, tliat the common pradice both
before and after the Statute of Wejim. i. was to deliver them to the Ordinary after
Convidlion, and therefore they v^ould not fuffer them to demand it before : My Ilea-
fon is, becaufe the Statute of JVeJlm. faith thus ; Si Clearke foitprzfe pur rctte deje-
lony^ ^ fi it (bit per l" Or din arte demand, it luy foit liver e (glonqtie la privilcdge de
■Saint EccC &c. jolonque le cpjiom avant fes lieures ufe. This Statute grants no new
Privlledge, but confirms only that which they had before : And as for the time of
allowing the Priviledge, the words of the Statute are fo ambiguous, that it is very
bard to determine the Queftion from thence; only the Statute refers it to the Cu-
Horn, of the former Ages.: for the Priviledge of the Holy. Church is to be allowed fo^
lonque le cujtom, See. Now all the Judges of England did after this. Statute determine,
that they would not deliver any Prifoner to the Ordinary till he was firft Indided, and
alfo thereupon Arraigned, afid till it was Inquired by an Inqueft uponhis Arraign-
ment, whether he were Guilty or not Guilty ; if not Guilty, then he was difcharged
without any more ado; but if Guilty, his Goods and Chattels, Lands and Tenements
were forfeited, and his Body delivered to the 0.^dinary: So faith Britten, cap.4. f.i i.
Si Clear ke encoupe de felony allegga Llergie, foit per t Ordinarie demand, donque
ferra enqui\e comment il eft mifcrue ( culpahk) Jilefi tfovenient mifcrue donque
il aleraquite. Et fil foit Git ove mifcrue, fes ihateux ferroient taxes, ^ fes terres
prifes in maine le Roy, & feu corps deliver al Ordinarie. The fame you will find
in the Mirr.c.^. Co.a.JnH.iGy. in'his Expofttion upon that Statute; and Stamford i.
And this we mufl fuppofe to have been the prabtice before the Statute ; becaufe the
Statute appoints the ancient Cuftom to beobferved, and there were none that knew
the ancient Cuftom fo well as the Judges of thofe times ; and therefore this determi-
nation of the Judges was either according to the Cuftom avant fes heures ufe (^astho
Stathte fpeaks ) or elfe it was not according Law;: but that is abfurd, efpecially
feeing it was not only one refolution, but the conftant practice ever fince ; for in the
Record of all Indicftments of Clergy-men, if they refufed to anfwer, but pleaded their
Eriviligium Clerk ale, and were demanded by their Ordinary; the Record is entred
—Sedul fciatur qualis ei liberari deberat, (i. whether Guilty or not Guilt} ) inqiti-
ratur inde rei Veritas perpatriam. And in the Year-Books we Itave
onf/417. multitudes of Cafes that do prove it, as you may fee in the'Margent;
the fame is proved by the fore-mentioned Record of the Bifiiop otEly,
50 JY And there is a like Cafe, E. Fitz. Tit. Cor. 91, And the
Statute of zj E. ?.c. 4. faith exprefly, That all Clergy-men Convift of Treafon and
Felony,Which intimates that Clergy was not to be allowed til] after Convicftion^
And lo'I have anfwered what ever thev can objecft ngainft the above-cited Authorities
and Precedents from the benefit of Clergy ^ and therefore ftiall now briefiy confider
the two laft Particulars.
V. In the fifth place I am to confider. Upon what account it was that Clergy-mien
were delivered to their Ordinaries,in thofe Cafes where the benefit of Clergy was not
allowed; The delivering of a Clerk Convid: tohis Ordinary, could be onjy forthefe
ends, either Hiatlie miglit make his Purgation before his Spiritual Judge, or that the
Ordinary might Degrade him, and then deliver him over to the Secular Power, to be
puniihed according to Law as a Lay-man, left Scandal and Indignity fliould be put
upon the Church: The former is onely in Cafes where Clergy -is allowed; fof
where there is no Clergy-, there can be no Purgation: The latter is, where
no Clergy can be- allowed. : The former is de Jure, and cannot be denied. I
do not mean Jure Canbnico , but is a Cuftoni which hath been allowed time
out of mind, and confirmed by feveral Ads of Parliament; and for that reafon- on-
ly, I fay , it is de Jure. The latter is , de^ Gratia, and Arbitrary; for
Vide C0.z.infi. our Judges liavc hadfuch an'Honour and Efteem for the Dignity of a
. Prieft, that they ufually did deliver them to the Billiop to be Degraded,
before the Sentence of Law was executed upon them. So it is in alj Cafes of High
Trea-
r i?)
Treafcn, for there being no room for Purgation, the Judges are not at all ohiigcd to
deliver him, but out of favour they were wont to do it, to the end he miglit oe De-
graded; and if that Cuftom were ftill obferved, there M^ere no great harm in it: yet
in Trin.z^. H.8. in SfiLntiim Reports we have a Cafe of one George NoS>les a PrieR,
who was Convidbed at the Gaol-delivery of Newgate^ of Clipping the Kings Coin ;
and by the Refolution of all the Judges, they pafled Sentence of Death upon him be-
fore any Degradation,and he was accordingly Executed in his Canonical VeRments. In,
a Record upon the Parliament, RoU ii E. u Rot. 9. itis to be found, that one Halter
5 was Conv idled of Counterfeiting the great Seal; but the Record faith,
Oui conviBm tradatur Efi[copo Sarum qui eiim pet tit ut Clericum [uum fed fnb pe-
na, Sic. fub forma qua aecet quia videtur Concilio quod in tali cafunon admittev.da
efipurgatio. Here it appears a perfon Convidled was delivered to his Ordinary in
cafe where there could be no Purgation, and fo no benefit of Clergy; and therefore
it is evident that it was to the end he fliould be Degraded, and upon that the Delivery
is with a Subp(Kna^ which can be underflood no otherwile but that he Ihould re-deli-
ver him.
VI. As to the laft point, at what time thpy ought to be Degraded, may be deter-
mined partly from what hath been faid already ; for the end of Degradation, is only
to prevent that Scandal and Irreverence which would ofherwife be thrown upon that
honourable Profelfion, which all fober and true Chriflians are very tender of: And
certainly there cannot regularly be any Deprivation or Degradation before Convi-
d:ion; for no Clerk can be Deprived or Degraded of any Eenefice or Dignity, except
upon full Evidence he be found fuch and fuch a perfon as is uncapable of enjoy-
ing it. And as a Bifliop cannot refufe a C16rk prefented , except there be fpecial
caufe for it, as criminofm., &c. fo neither can he deprive one that is already Indudled
without fpecial caufe; and in any Court of Record the Caufe muft be fpecially
pleaded, becaufe it is Traverfable, Co.lib. '^.r.part.foL'^^.SpecotsQodt. Suppofe
then that any Ecclefiaftical Perfon is Arrefted for Treafon, the Ordinary cannot de-
prive him, except he firft pafs Sentence upofl him, that he is criminofm; but he can-
not pafs Sentence of Deprivation upon him, while he is under the CuRody of the
Temporal Magiftrate, and before he is delivered to him: for itis the greateft piece
of Injuftice fn the World, to Condemn a man before he be heard: indeed our Law al-
lows that in cafe of Outlawry, but that is when he may appear, and yet after Five
folemn Proclamations,will not; but it is againR the Law of Reafon, and the Laws
of all Nations, to Condemn a man that is abfent, when at the fame time they knovv
he cannot appear ; and therefore no Clerk can be deprived till he be delivered by
the Temporal Judge : and I have already proved that there can be no Delivery till
after Convidlion , fo that it doth necelfarily follow, that there can be no Depriva-
tion till after ConVidlion ; and for further conRrmation, fee Ridlep\ ubi fupra^ Bra-
Bon. lib.ffol.iz-^. Clertcm,Ordinario traditm Jim pur gat tone dcfecerity d.grada^
ri debetFkta lib.i.c.'^b. Begradarepoteft Epifcopus crirntnum convicfos. Where-
by it appears, firft,That before Degradation, they muft be allowed thetenefit of ma-
king their Purgation,if they can, and that they have not except they be prefent when
they are Condemned, zly, That they muft be Traditi or ConviBi before Deprivation.
The Cafe of a Bilhop feems parallel to the Cafe of any other Clerk; for the King is
Patron of all the Archbifliopricks and Bifhopricks of England., they being 'all of his
and his Progenitors Foundation : They muft either therefore be Donative or Eligi-
ble ; before King John's time.they were Bonzmc, per tradition em Anmili ^ Tafio-
rails baculii But he by his,Charter s'^.Jan. Anno Regni 17. granted that they llioui-d
be Eligible, and therefore were made to be in the nature of Advowfoos prefehtable :
when therefore the King did nominate "or prefent fuch a perfon to the Biftioprick, that
perfon could not be refufed without fome fpecial caufe of-refufal; but if it did ap-
pear that he was either Infampus, Irreligious, Schifmatick, Heretick, Mifcreanr,
Infidel, mere laicm.,Se.c. I conceive he might well be refufed ; or elfe to what puf-
pofe iffued forth the Conge d'efieri Whatfignified King yo/j?j's making them Eiigi-
ble ? And therefore there being thj fame Reafon and Law of Degradation or Deprivat
E rion
lion after aduat Inveftiture, that there is of refufal before; 1 infer there can be no
Deprivation of a Biihop without Caufe, and that Caufe cannot be adjudged to be in
him before he be heard, and have the Juftice to defend Inmfelt as well as he can, al-
lowed him ; and confequently no Deprivation tiU after delivery out of the hands of
the Secular Power, which is in no cafe till after Convidion. Thefe Particulars ex-
plained and proved, will fatisfie all thofe \^ofe Sentiments are regulated according
io the Standard of Reafon, that there is no llrcngth in any of thofe Objedions which
fome ignorant people do fo much infift upon. _ # i » ,
Havin" thus by the Rules of Law, the Authority of the mod Renowned Authors,
and Vari?tv of Precedents, proved,That a Bifliop is no Peer, m rcfped to a Temporal
Lord, within the intent and meaning of the iplh of Ku£«n Ciiirrn .- It doth natural-
lY follow, that he hath no Right to claim any Jurilmartpn-or Right of ^dimure
I,non the Life and Death of a Temporal Lord ; for otherwife he might fuffer Death
orBanifliment, or Imprifonment, by the Judgment of thofe who are not his Peers,
cOTtrary to the Fundamental Laws oi England, and the Liberties of every Subjedt.
And thus I conclude thefirft Point. . , d-a. .7 ^
The fecond Point that I offered to demonflrate, is, That the Bilhops Votings InCa-
pital Cafes, is contrary to thepradice ofall Ages untill this day. ,
In the firft place Let us examine how it was before the Rcignof Henry Second:
It muft not be expeded tiiat this Ihould be proved from the Records and Journals
upon the Parliament Rolls, fbr their Antiquity will not reach fo high as to do any
confiderable Service in this platter; but I lhall give the fame proof for this that any
man can i-ive for Tryals by Juries before Magna Lharta; that is, an Ad of Parlia-
ment making Recognition of feveral anoient Cuftoms pradifed beyond the Memory
S thorthat^hrfived : and that 1 hope will be fufficient Ev dence: The Statute
that I mean was made at that Great Parliament which was held at Clarcndoti, the
T o Sc 11 of Hi dlnnQ T)otn. 1164. In the Preamble it is, Recogmzantur Advtce con-
Uutudtnes, which proves it is declarative of the Common Law The Eleventh Ar-
tide runs in this raLner, JnhkfifcoJ>i,.Epfcof>, (s umverfaprfona (holding any
Ecclefiaftical Dignity) qui de Rcge tene„t it, Capte,/jaieantj,oPJJlo,,es fiias de Rege
Cicut Baromam, & inde refpndeant JuHiaarm & MimPtru Regii^ ^ feqmnturij
fadant omnes con(aetud,«es Regias,^ ficut cderi Barones debeant ,nt^4i jndtais
furide Rem am Barombus quou\queprvematnr ad dirynmiUonem tnemlrortm velad
morum Here is their Jurifdiaion exprefly limited, that it {liall not extend arf it-
mmnuonem membrortm -net ad mortem. And this Aft ot Padtament is declarative
of the Common Law, as appears by the Preamble, and tne conftrudion of moft Au-
thors that mention it. In tlm ( faith •Dodertdge } certaw Recajalttladms are maae
o{ the Kinzs Rrercgative and hisBeopks.Right, then [ought to be infringed by the
Tope and his Clergy. So faith my Lord Coob, 2. Infl.6 31. and Se/dai, Titles of Honour^
o{ Seeing therefore there can be no time aftigned when this ancient Cuftom which
R here recapitulated, was not, confeqiiently this limitation muft be fuppofed to be as
ancient as th«r fitting in the Houfe of Lords : But to prove that this Conftitution of
Clarendon ( as fome call it) is an Ad of Parliament ;^atthew T ar is Tr^-
fern,but etiam Jrckepfcoftt, EpttcofM, Abhattbm, 'Prior,m, Lomit.bm, Baron,.
bus & TroceribusRegni. Roger of Hoteden faith exprefty, that Clerm & foplus
Remt were then alfembled, and fo mentions it as a full Parliament. Goldafius Con-
d.Imper.Tom..i. 347- faith. There were added to the Clergy, AWtAvm d" Mtd
qmoresRegni. 'f,tzStephe,,scMsa,Ge,,eraleConcit,um And laftly, our Com-
mon Lawyers do take it for granted and undifputable. My Lord Cook inz. Infi. 6j ,,
and 638. calls it, The great Tarliament that was held cit Clarendon: So Bra&on,
lib. And this very Article above-mentioned is in all the faid Authors ,• and
likewilcin Roger of fVendover: but that which is mod confiderable, is, that we have
Gervajius Torobcrnienfis, an Author that lived in that Age, and aPerfon within Ho-
Iy Orders too, reckoning this very Article among the Laws that were made at that
Parliament, in the 68. Tage of his Book. But admitting it were no Parliament, but
only a great Councel of Peers ,• yet that is as well for my purpofe, becaufe that the
«
C IS )
Proceedings of fuch a Council are Matters of Record, and therefore a Recognition
or Declaration of ancient Cuftoms, and of the Common Law-made in fuch a Council,
is as undeniable proof, as if it were a Declaratory Ad: of Parliament; for the force of
fuch an Ad is only in point of Evidence, and doth not Enad or Conftitute any new
Law. But as there is no'queftion but that it is an Ad of Parliament, the Aiiembly
being a Generate^ or commune Concilium^ which is always underftood of the 'ta, -
liciment»Co. Inft. no. a. So except it can be proved this Statute was repealed, I
have made good my AlTertion,without faying any more;for admitting that it had not
been fo frequently pradifed,as I in his proper place lhall malce appear it was^yet Rill
it is valid and a RandingLaw : for no Statute lofethits force by JSfon-ufer, Co.t.In^.
114. although Common Law, or particular CuRortis, may.
But this Statute we find was after^'^ard confirmed; for {z\\\i Roger de Hoveden a
Monk, p. ^o. It was Ordained in aCouncel at Wejim. That no Clergy-man Ihould
/igitare Judicium^ See. and he that did^ was to be deprived 'of his Dignity and
Orders.
That thefe ConRitutions were pundually obferved in after Ages, is the next thing
to be proved : And the firRthat llhall mention, is the Judgment againR the
cers^ 1E. z. The Lords Spiritual did withdraw, as in right they ought. Thefe Speii'^
cers were men that were great Favourites of that King; for they had fucceeded Re-
ter Gave[ion both in the Kings Favoutj and in Places ol Profit and TruR about Court:
and although the Lords had then prevailed with the King to confent to an Adt of Par-
Lament for their Banifliment, yet afterward the Tide turned, the Spencers were cal-
led again to Court, and their Enemies feverally profecuted ; whereupon the greateR
part of them departed from Court, and through the IntereRs which the Spencers had
with the remaining Lords, the Judgment which Rood upon Record againR them was
reverfed for feveral Errors ; one of which was, The ahfence of the Trelates,: but
notwithRanding this, the Judgment is afterward Affirmed by an A(R: of'Parliament,
ifi the firR year of the fucceedmg King : Vide i c. i, & 2.
And that the Abfence of the Prelates is no caufe of Reverfing 4 Judgment, fee
the Cafe of the Earl of Salisbury ; who in the 2 of Hy. petitioned the Houfe of Lords
to Reverfe a Judgment that was given againR the Earl his Father, An. 2 K4. and AR
figns for Error, That the Lords Spiritual were abfent: The Cafe was very mucliDe-
bated, and at laR it was adjudged no Error j and accordingly the Judgment was Af-
firmed. But of this I lliall have occafion to treat more at large by and by: See Cot"
toUy y ^ 9.
Anno 4 ki the Parliament at Winchejter, Tie Ltinepofl Fejium SanBi Gregorii,
The Earl of Kent was brought before the Counts .^Barons autres Grandees ^ Nobles^
in mefme le Parliament, Sic. for Treafon, derf. claif. n. 5 S.
in the Parliament at iVeJim.poJi Feftum SanBa Katherinee', The Ar-
tides of Treafon being read againR Mortimer Earl of March, That he had procured
the Death of the late King, and had under-hand-dealing with the Se^ots at Stanhope
Park, and had been too familiar jvith the Queen-Mother, by whom, ffie was thought
to have been with Child, The Kiifg charged Les Counts, ^ Barons» les Peers de
foil Royaume, to give Judgment: And then it follows, that Judgment was given Per
les dits Counts ® Barons les Peers de Royaume,come Judges du Parliament,
Ibid. The King commanded Les dits Counts ^ Barons^Peers,^c\ to give Judgr
ment on Simon de Bereford'.
Ibid. The King commanded the fame againR feveral others, and accordingly John
Matravers was judged Per les Peers^ Counts, ^ Barons, affembles m Parliament,
And fo were Four others in the fanle Parliament, all for Treafon ; and not one word
of the Prelates, either when the Articles were read, or when Judgment was given :
For it is certain, they are never fpoken of in any Record, but either by the Name of
Archiepifcopi, Epijcopi,^c. ovPrelati, or fome fuch Name which doth diRinguilh
tJicm from the Laity; and if they be fpoken of, they are always firR named and put
before Les Counts 0* Barons; as at this day, the Records are Entred by the Lords Spi-
ritual and Temporal, ^c. And for'thefe two Reafofis they could not be coinpre-
hendcd
.471-
( )
hended under the General words, autres Grandees & Hobles.
JnnoSY..:^. Tojf Fejlum San^s Gregorii \ The Parliament were commanded to
confuit of the keeping of the Peace, and punifhments for the Breakers thereof,- and
the Prelates departed Tur ceo que tl ne attmet-paj^ a enx Con^)}iler dugiwdde hi Taix
7ie de chaflement de tiels MakpiHors: Yet afterward they came and gavetheir Affent
to an Ac^t of Parliament for this purpofe: The reafon of which^fhall be confidered in
another place, where we fliail difcourfeof their Voting in Bills of Attainder. By this
Record it is evident. That the Prelates have no judicial Power over any Perfonal
Crimes, which are not Parliamentary j which doth very much Fortifie the Founda-
tion and Ground of my whole Difcourfe.
Jmio I R. 2. The Commons prayed that fuel; as gave up Forth^ See. fuijfent eftre
a re ffondre a cejl Parliament ^jolohque lour dejert fortment punts per agard des
Seigniors & Barong. And thereupon fevcral were brought before the Lords in
Parliament, which muft beunderftood of the Temporal Lords onely, becaufe the Spi-
ritual Lords are never intended in any Cafe to be mentioned, except they be fpe-
cially named.
Anno 11 R. 2. Divers Matters of Treafon were to be Treated of, and feveral Lords
to be Tryed ; and therefore the Spirituality did abfent themfeives from the whole
Parliament: but before their departure, the Archbifliop of Canterbury the Name
of Himfelf, and all the Clergy of his Province, made this following Proteftation
Qujod Archiepi[copum Cantuarien[em qui pro tempore juit, nec non cateros fuos
Stiffraganeos Confratres, Co-epifcopos, Abbates^Priores altofqtie Prelatos quofcun-
que Baroniumde Domino Rege teitentes^ in Parliamento Regis ut ParesperfonalF
ter intireffepertinet^ ibidemque de Regninegotiis & ali 'is ibt trahlari confuetts cum
cateris diCti Regni Paribus'^ aliis con\ulere^ or dinar e^ fiatuere, definire ac cater a
facere, qua Parliamenti tempore ibid, intenditur facien\ Quia in prapnti Parlia-
mento agitur de mnmiU is mater its in qui bus non licet 7icbis juxta Sacrorum Cflnonunf
injhtutaquomodolibet interejfe : Non intendmus nec uolumus^ Jicuti de jure nonpof-
fumus nec debemus: Ad hue infuper protejfamur & nojirum qmlibet proteftatur^
quod propter hujufmodi abfentiam non intendimus nec volnmiis^ nec noBrum aliquis
intendit nec vuli quod procerus habit i & h.ibendi in pradiB Parliamento fuper ma-
teriis aut ediBis in quibus non poffumus, nec debemus {utpramistiturj intereffe
quantum ad nos df nojirum quemlibet attinet futuris temporibus quomodolibet im-
piignentur^ infrmer.tur^ pii etiam renoventur. This was^ read in full Parliament,
and inrolled at the Requeft of the Prelates: And the like was made by the Bifbops
Durham and carlijle : Cotton 322. Co.z.InJi. 5-86. •
From this Record you may obferve:
1. That the Lords Spiritual do acknowledge that they have no Right to be prefent
in Cafes* of Blood, Necpojfumus, nec de jure debemus.
2. You may obferve that they did accordingly abfent themfeives, and did thereby
vield Obedience to the Parliament at Clarendon , and the ConRitution at Weflm.
mentioned m Ro'^er Noveden, H 2. That Cle^y-mcn lliould not Agitare judicium
Sanguinis; though they pretended it was in Obedience to-the Canons of the Church.
1. You may obferve that they did not Ray in the Houfe tilf they came to the final
QueRion Guilty or Not guilty, but departed at the firR beginning of the Bufinefs,
Quia agitur de qui bufdam re bus in quibus non licet nobis, intereffe. Thefe fliort Re-
marks 1 leave upon it at prefent, but fltall take it more narrowly into confideration,
when I come to anfwer their ObjetRions, and Riall go on with Precedents.
In the Reign of II 4. The Earl of Northumberland was fufpetRed to have beea
privy p the Rebellion of his Son Hot [pur, who joyned with Mortimer dt March,
and 0-wen Glendour of iVales, in open. Rebellion.. In the 5- of FI. 4. he came and
prefented himfelf to the*Kingand Parliament, and Protefled his Innocency, and chal-
lenged his Jus Parietafis, and Right of Tryal by his Peers : Whereupon the Lords
( faith the Record)' made Proteflation, that the Judgment belonged unto them onely,
t^c. The Petition being read before the King and the faid Lords, as Peers of Parlia-
ment, unto whom fucli Judgments do of Right belong, confidering, ^V. Adjudged^
' ' that
I7_)
thit it wiis neither Treafon, nor Felony, Sec. This was the firft Procefs that was made
againft the Earl ,• but it doth not evidently appear whether they were prefent or
abfent, the Roll being Lords indefinitely ; yet it is moft probable that it us meant
Temporal Lords onely. u if the Spiritual Lords had been prefentj they would have
been named by a fpecialName, as they arc in all other Rolls. 2. We find rlie Lords
Temporal in other Cafes of Life and Death, claiming the fame Jurifdidtion as be-
longing to them onely exclufively of the Clergy, ^E. Judgment was given
les Countes Q Barons^ les Beers de l:i Roy.iume^ come fudges dn Bdrliament.
But 1 fliall leave this, and come to the Procefs which llTued forth againft him after-
Ward, for the Earl being acquitted, returns home, and witldn a very little time hath
a confiderable Army in the Field, together with the Archbifhop of
dijLje^ and others ; but their Army foon Disbanding, xXiq EolA iVeftmerland comes
with a confiderable Strength for the King, and takes all the Lords Prifoners, except
Northumberland and Bardolfe, who fled into Scotland: Whereupon -j Hen.
Rot. Broce(fds coram ^Bornino Rege in Barliamento^ 5cc. The King commanded
the Lords Temporal Peers of his Realm to advife what Procefs to make , and what
Judgment to render againft the Earl of Northumberland, and the Lord Bardolfe j
and then tlie Record goes on thus: And then the gnd Lords Advisedtherccn., and
Reported their Opinion to the King. The (aid Lords Beers oj the Realm^
by the Afent of the King., Ordained that Broclamations Jlould be made for the faid
of Northumberland, and Lord Bardolfe to appear, or elfe to Jland Convicted of
High Treafon by the Award of the Beers in Barliamcnt.
The King did further demand the Opinion of the fiid Lords Temporal^ touching the
Archbifhop of York. XJuto which the Lords Temporal {aid. Sec.
By Adviee of the {aid Lords Temporal, the Returns of the former Proclamations
w'tre made at the "BarliamentCDoor, for the faid Earl and Lord to appear.
By Advice of the faid Lords Temporal, with Affent of the King , 'the former Bro^
clamations were examined. The faid Lords Temporal con/idered of the Errors
therein, Sec.
■ By the faid Lords Temporal, with Affent of the King, .by their Authority new Brc-
clamations were granted. Whereupon the fiid Lords Temporal then being in
the fame Barliament, by Advice and Confentofour T_,ordthe King, and by their Au-
thorityinBarliamcnt, Awarded the faid Earl of Northumbeland, and the Lord
Bardolfe, not appearing upon their Summons, to fand Couvibled of H'gh Treafon, See.
Here we fee all was done by the Temporal Lords, from the firft beginning of the
_ Procefs until the Judgment, and yet it is faid to'be Awarded by the Peers in Parlia-
ment, although thq Spiritual Lords are not fo much as once mentioned, and cbnfe-
quently were not prefent at any time whilft that Matter of treafon was handling.
To Enumerate all the Inftances of this Nature, and to Tranfcribe all the Records
of Attainders in Parliament, where the Names of the Lords Spiritual are left oat,,
which infers of ncceffity that they.were abfent; w/)u!d fsyell out this Treatife into a
greater Bulk than either I intend, or then is in its felf convenient. Thefe are fuffi-
cient to prove that Obedience was yielded to thofe Laws and Conftitutions of this
Land,, which were made for this purpofe. I will mention one Precedent more, and
that is the Earl of Strafford's Cafe, 16 Caroli : The Bijhops declined their Sufrages
on the Try al of the Earl of Strafford, according to the provijion of the Canon Law.,
andthe conft ant practice to this day: ( fays Baker, 4^8 ) and therefore withdrew :
But they dcfired a Proteftation that their Abfence Ihould not prejudice them of that,
nor of any other Priviledge competent to them, as the Lords Spiritual in Parliament,
might be entred ; which was done accordingly.
It may be objedred, That this is not to be made ufc of as a Precedent : That. ( I an-
fwer } is true as to the Matter of the Charge, and the Nature of the Crime that he
was Impeached for; no man muft by colour of that Acft be Adjudged a Traytor, thaf
doth thofe things which the Earl of Strafford did : but as to the courfe of Proceedings,
and all other Circumftances of the Method, it is well enough; for nothing was done
in that but what was warranted by Precedents and conftant pradice in Parliament:
F And
'47?
n
M
( j8 )
And this Difference doth appear from the Trovi fo in the Bill of Attainder, for that is
no more but this: That m Judge er JudgesJhall hereafter interpret any Aci or A^s
to be Treafon, in any other manner^ than he or theyjhould or ought to have done before
the making of this A5t; and any thing contained in this 4^ to the contrary not with-
jlanding. So that the Trovifo extends only to the Crimes, but not at all to their
manner of proceeding.
From the confideration of thefe things, That Allegation which is made by fome,
that they were wont to fit till the final Queflion , Guilty or Not-guilty; were putj
will plainly appear to be altogether groundlefs: Becaufe
Firft, If they have not Parity fufficient to Entitle them toany Jurifdidtion in Cafes
of Life and Death, as I have endeavoured to Ihew that they have not, in the former
part of my.Difcourfe ; then it is evident, that they cannot exercife any Judicial Pow-
er at all, neither in things prseliminary to the Judgment, the Judgment it felf, nor
in things fubfequent to the Judgment: all which do fail within the Conufance of
Judicial Power, and do belong to the Office, Power, and Jurifdidtion of a Judge. For fo
isAxh. Magna Charta^ Nemo imprifonetur^ &c. NJiper legale judicium parium fuorum,
and yet Imprifonment is a thing prseliminary to Judgment; The Office of a Judge is
to hear firft, and then determine, Oyer and Terminer ^ but if any man be not duly
qualified to be a Judge, then he hath as little power to hear the Caufe, or Adt any
thing in it, as to determine it.
Secondly, The Conftitution Clarendon, faith, TDebent intereffe Judiciis Curia
T)omini Regu quoufque perveniatur ad diminutionem Membrortim vel ad mortem.
This muft either be underftood to comprehend all precedent and pn-eliminary things,
which do relate or tend ad diminutionem Membrorum, &c. Or elfe if we take the
words ftridtly and literally, we muft underftand the meaning of that great Affembly
to be onely for the Exemption of Prelates from doing the Office of Executioners^ which
is Non-fenfe: By Tiiminutio, &c. therefore, or Mors, we muft underftand things
conducing and tending ad diminutionem, Sec. or ad mortem. The Conftitution at
Wejlminjter is much plainer, Non debent agitare judicium Sanguinis ; the meaning is
plainly this, That they ought not to exercife any Judicial Power in Cafes of Blood:
But a man may exercife Judicial Power agitare Judicium j or do the Office of a Judge
in a great many things that arc both precedent and fubfequent to the Judgment; as
Awarding of Procels , receiving the Charge, d'c. Therefore the Bifliops ought not
to have any prceliminary Vote which hath any tendency or relation to a Judgment
of Death.
Thirdly, When ever the Clergy, in Obedience to thefe Conftitutions, did with-
draw,' they left the whole Management of the Bufinefs from the beginning to the end
to the Lords Temporal, as appears from the Entry of the Records : fo it is 4 E. in
the Earl of Kents Cafe; he was brought before the Counts Barons, &c. for Trea-
fon : In the fame year the Articles were read againft Mortimer, and the King char-
ged Les Counts & Barons, to give Judgment upon, the faid Articles. The fame was
in the Cafe of Simon de Bereford, Matravers ^ and others in that year : 11 R.z. the
Prelates departed from the Houfe at the firft Motion about the Appeals, and did not
ftay fo much as till the Articles were read. In the Earl of Northnmberlands Cafe, it
appears, they had not fo much as one Vote from the beginning to the end of the whole
Proceedings, and the fole Management of the Cafe was by the Award and Judgment
of the Lords Temporal. In the 21 of i?. 2. the Prelates gave their Opinions general-
ly,that Pardons were revocable, but after they had done, they departed the Houfe,
and would not confent fo far to the Death of a man, as to give a particular Vote, when'
the Queftion was put. Whether the Pardons of the Duke of Gloucefter,znd theEarls^
Arundel2iOd Warwick were revokable? Baker 161.
And indeed if they fhould have been permitted to Vote about their Anfwers, t^c. -
it would quite fruftrate and elude the Defign of the Prohibition; for fomewhat ore-
ther might happen to be put to the Vote in their prefence, concerning the Anfwer,
Replication, ^c. or concerning the Form and Method of Judicature, upon which the
whole Bufinefs would depend; and by the Voices of the Spiritual Lords that Vote it,
might-
iUiiSM
might pafs againft the major part of the Temporal Lords, and fo the whole Bufinels
left, and the Expedation of Juftice fruftrated ; fo that it is highly reafonable, that
if they be abfent at all, they Ihouid be abfent, 'Dum de hujufmodz maUrtis agitur. , ^
Having thus by Reafon and Authority eftablifiied the Truth of tliofe Propofitions
which I at firR laid down, I lhall now examine the Strength of thofe Arguments,
whereby my Adverfariesdo fupportthemfclves, and maintain the Jurifdidion of the
Lords Spiritual in Capital Cafes. . . . ,
And I. Their Grand Objedionis, That they never abfented themfelves when Ca-
pital Cafes were Debated, upon any other account, then becaufe they were prohibi-
ted by the Laws of the Ho!y Church, to confent to the Death of any man : And ac-
cordingly they made their Proteftation, ii R.z. when they departed theHoufe,
faxta Siicrorum Cavonum ififtiUita fion licet nobis interejfe^ &c. And fuch a yolun-
tary Departure for Confcience-fake (fay they^ left they ihould concern themfelves
in theEtfufion of Innocent Blood, could neither conclude themfelves nor their Sue-
celTorsfrom claiming their Right to be prefent by the Fundamental Law of the Land,
as Peers of Parliament. Here lies their Strength, and therefore a folid Refutation of
this will remove all manner of Scruple, and difcover the vanity of their pretenfions
to any Jurildidion of this kind : Therefore in anfwer to this, I fliall offer thefe fol-
lowing Confiderations ; ,
I. What-ever was the Reafon that induced them to abfent themfelves when fuch
Matters came to be Debated ; yet it is manifeft from what hath been faid, that there
was an Ad of Parliament (to which they were obliged to give Obedience, as weft
as the Canons of the Church ) that did exprefly prohibit them to exercife Jurifdidioif
in thofe Cafes: and although they did fay that their Departure was in Obedience
to the Canons of the Church, yet without doubt we ought to conflrue their Depar-
ture to be alfo in Obedience to the Laws of the Land: For the Cafe at the moft fa-
vourable Reprefentation, is no more than this j The fame thing is both prohibited
by the Law of God, and the Law of Man; thofe who forbear from the thing prohi-
bited, do fay they do it, becaufe they are fo commanded by the Law of God, and fay
no more: In this Cafe we cannot conftrue, that either the Law of Man doth lofe its
force and obligatory Power , or that thofe perfons who faid they forbore from the
thing prohibited in Obedience to the Law of God, did either not obey, or difobey the
Law of Man ; I mean. In j or a humano. If then the Prelates in former times did give
Obedience to the Laws and Conftitutions of this Nation in this particular ; much
more ought their Succelfors, whofe Principle is ftriift Obedience to the Government
of the Kingdom and perfedb fubmiflion to the Higher Powers. The truth is, It was
a happy thing that in the days of their Predeceflbrs, the Law of the Church, and the
Law of the Land did fo well agree in this particular; and if you would confider the
Humors and Principles of the Men, you would not wonder fo much at their Non-
acknowledgment of the Laws of the Nation, when they could fecure themfelves a-
gainft the Compulfion ofrhem and Punifhment inflided by them, without making'
any fuch acknowledgment. It is not ftrangethat thofe men, whofe Zeal for Religi-
On was feen moft in their Contentions and Wranglings with the Civil Power; and
who thought that Obftinacy andDifobedience to Regaf Authority, and the Laws
and Conftitution of the Government, where they thwarted the Ambition and Gran-
deur of the Toj9e and his Clergy, was the moft certain way to merit Canonization;
and that Beckett and Stratford^ and the reft of that Rebellious and Difobedient
Tribe, were the mightieft Saints that ever lived upon Earth. It is not ftrange that
thofeMen that would trample all HumaneLaws under their Feet, if dilTonant to the
Canons of the Church, Jhould pretend, that when the Canons of the Chuch did a-
gree with the Laws of the Land , they yielded Obedience to the Canons of the
Church, without taking notice of the Laws of the Land. And indeed it was an ex-
traordinary Specimen of Candor and Modefty, that they did with fo fair a pretence
fave themfelves from the inconvenience of acknowledging the Temporal Power in the
limitation of their Honour and Jur-ifdidbion,which they were never known to be very
forward to do : But God be thanked the times are turned, we have reafon to expeift
more
^74-
t 1
i|
( zo )
mor^i'n^mility and Loyalty from our now Spiritual Fathers, %vliofe Principles do cot
allow them in the Icaft Oppofition to lawful Authority, and who it is to be hoped
will never infill upon any thing, except they think that by the Law of the Land it
is their Rjght.
Secondly, Ahhough they pretended that their departure from the Houfe during
the Debates of Capital Matters, was in Obedience to the Canons of the Church;
yet it is more than probable, that the confideration of the Law of England by which
they were compellable to depart, whether there had been any fuch Canons in force,
or not, was the llrongefl lleafoa why they did with-draw, and that for thcfe two
Jleafons:
I. Becaufe it is obfervable. That if thofe in whofe power it was to difpenfc with
their Difobedience to the Laws of the Land, did at any time give way to their Pre-
fence or Confent, that they ihould exercife Judicial Power in thofe Cafes, then the
Lords Spiritual ufed generally to make bold with the Canons of the Church, at lealt
eaTtce: How ^hen can it be ;uppofed, that at other times when there was no fuch
Licence or Difpenfation, their Departure was onely becaufe of the Canons of the
Church ? That Record of 21 R.i. where they did confent to Conftitute a Proxy, who
Ihould in their Name agree, or difagree to any Judgments of Death that lliould be gi-
ven in that Parliament, is 'very confiderable for this Point; forjn that Cafe they
gave Authority to another to do a thing "which was unlawfull lor them to do them-
felves, and itw^as done, becaufe the King and Parliament being the Fountain of Law,
and having power fln/'ca vice, or more, rodifpenfe with any Law, at leall fuch as
come not within the Conufance of any other Court befide themfelves, did give them
leave foto do: wdiereas without doubt,'the palTing Sentence of Death upon a man
by Proxy, was as great a Violation of the Canons of the Church," as if they had been
perfonally prefent, and had palfed Judgment themfelves: For can any man ratio-
nally fuppofe, that the Clergy were fo tender Confcienced, that they fliould not agree
to theEffufiOnof any mans Blood themfelves, and yet that their Confciences would
allow them to Authorize another in their Name and Place, and by their Authority
to confent to it? As if it were not the lame thing in point of Confcience for me to
kill a man, as it is to^ procure another to do it: And fo in point of Law, that which
I am prohibited to do my felf, I am alfo prohibited to impower another to do; be-
caufe that which a mans Servant, Procurator, or A.ttorney, doth by the Command,
and by vertue of the Authority of the Mailer, is in Judgment of Law and Confci-
ence interpretatively the Ad: of the Mailer himfelf : And the Conilituting a Proxy in
their bfemes togiye Judgmeiit of Death by vertue of an Inftrument under their Hands
and Seals, will furrier appear to be a breach of the Canons, if you oonfider the Let-
terof the Canon made. Anno 1222. in the Reign of H. which you may find a-
mongthe Cvnftitutiones Archie^t^op Ste'phani in Li7i'Wood,j. 146- Ant bar it ate
qtfbque Conctiii dijtri^fius inhihemm 7ie qiiis Clericus benefaatm atit tn Sacris Ordi-
nib'dsconfiiintm Utteras fr-o qxena {anguiim ifijligtnda [cribere vel dAiare ^refii-
mant, vet v.bi 'Judicitim^ahgu7nistra^atur,'vel exercetnr iiiter/it. From this Ca-
non 1 conclude, That Clergy-men ought neither to be prefent themfelves, nor de- *
pute othersUtteras, to be prefent propcena [anguims tnfligcnda. We have like-
wife a very pertinent Obfervation upon this Matter in an ancient MS. Chronicl. /n li-.
bro Matlrc([b , which hath written very largely of this Parliament that was held
21 /?.2. wherein the Prelates are blamed for that Opinion which they gave generally
abouithe Revocation of-Pardons, becaufe tljie conftquence thereof was the Death of
thof? whofe Pardoos were Revoked: ^edenmt ergo locmn ( faith the Book ) ^rc-
lati/jlidicio ^avgmhisiiihocfaEfo, Ita quod dubitatur a pluribus Ji non tncurrercnt
irregular it at em p-o negotio memorato, imde contigit.quodpKOpter tjlud mimispeccatum
inciderent in aliud MajHS peccatum confequaiter , ut las cam personam ccnjUtuerint
Trocuyatorempro eifdem, qui lUorum vice-canj'e7itiret adjudiciufn (angmnis dandmn
^n.diEfoEarhamentoJinecejfe foret & occafio emerjijfet, 8cc. So that upon the whole
Matter, it is irrational to think that their departure from the Houfe ever before this,
was meerly in refpedofthe Canons; when we fee that the firft'offer of the King and
Par-
r )
Pdrlia ment to admit them to the exercife of Jarifdidlon for that time, was by theni
kindly accepted with a Kon obstante to the Canons of the Church. It is true, the
giving Judgment of Death by Proxy, was as great a violation of the Laws England^
as of the Canons of the Church:, yetinafmuch as Confenfus toUit error em, it was for
that time well enough.
2. This is further illuftrated, If you obferve that in thofe Cafes to which the Pro-
hibition of the Law did not extend, they made no fcruple of Sitting and Votin", al-
though their Voting in thofe Cafes was agaiyft the Canons of the Church. This may
be inllanced in the Cafes of Bills of Attainder: for although the Canons do prohibit
them from Voting in fuch Cafes, as much as any Cafe whatfoever ; inafmuch as in
palTing the Bill, they Vote, That the Perfon is Guilty, and lhall (land adrual'y At-
tainted of High Treafon,and lhall be deemed and adjudged a Traytor, and lhall luffer
as in Cafes of High Treafon, &c. yet they do generally Vote, becaufe that the Pro^
hibition of the Law doth not extend to Voting in Bills of Attainder,feeing that is not
/Igitare judicium, but onely Legis latioTiem,SM\\ox they do in that Cafe is not Jadi-
cially, but onely the exercife of their Legillarive Power; otherwife the Houfe of
Commons would make themfelves Judges, and^ould challenge a Judicial Power in
tlieTryal cf any Lord, feeihg in pading Bills of Attainder they do every^whit as
much as the Bilhops; for they Vote that he is Guilty, and that he Iliail be adjudg-
ed'a Traytor, And the Adt of Parliament runs. Be it Enacted by the King, the
Lords Spiritual and Temporal, and Commons in Tarliannnt a jfembled. For thefe
two lleafons 1 think it very improbable, that the Canons was the onely caufe why
the Prelates did depart the Houfe when Capital Cafes were Debated : "But that
the weaknefs of their Obje Tion may further appear; I anfwer.
Thirdly, Although we Ihould admit that the Canons of the Church were the firll
cccafion of the beginning of this Cuflom among us, and that thofe Hiftories and Chro-
nicies which inform us after this manner, do fay true, yet this is no Argument a-
gainfl; the validity of aftanding Cuftom, the Commencemant of which is not upon
Record : for Hiftories and Chronicles'are not Matters .of Record, neither are thsy in
Law fuch ftron^ and undeniable proof of tlfe beginning of any ufage, as to make it
no Cuftom; neither are the Canons of the Church Matters of Record; and there-
fore cannot prove that there was no fuch Cuftom before the making of thofe Canons.
Seeing then it is without doubt that there was a Cuftom that the Prelates fliould not
exercife Jurifdidtion in Capital Cafes, and there is no Record that doth mention the
time when it did begin, nor anytime when it could be faid, There never was fuch an
Ufage; it muft of necelfity be fuppofed that it is as ancient as the Government it
felf, and part of the Fundamental Contradb of the Nation, whereby their Jurifdi-
(ftion was originally limited that it ihould not extend to fuch and fuch Cafes. So that
I do not argue from the v'alidity or invalidity of thofe Canons, not from any Con-
Rrudtion that may be made upon the Letter of the Canons, but infill upon it as part
cf the Common Law of England, and doabfolutely deny that it had its Original and
Force from any Authority that the Pope of Rome with or without his Council, or a
Convocation of the Clergy in England had, to impofe Laws upon us ; but affirm,
that its force and obligatory Power did folely arife from the voluntary reception, ap-
probation, and ufage allowed by the People of England, which being bv them tranf-
mitted to Pofterity, is a thing reputed to have been ufed and pracftifed tim.e out of
mind, and is thereupon ranked among the Common Laws of this Kingdom; which
are no more but general Ufages or Cuftoms of general Concernment to the whole
Nation in things of Temporal Conifance, firft upon reafonable Confiderations by con-
fent allowed, and then tranfmitted as a Trtdition to Pofterity, by whom they are fup-
pofed to have been in ure ever fmce it was a Nation : But this matter of Judicature in
Capital Cafes is a point of Temporal Jurifdicftion in a Temporal Court; viz. The.
High Court of Parliament, and therefore of Temporal Conifance : the depaUure of
the Clergy when fuch Cafes came to be Debated, hath alfo been an interrupted pra-
jjilice for many Ages together; yea and moil ftriiftly obferved in the fin-t Ages, whoie
Tranfadions are Recorded (as hath been already proved J and it is impoffible by Re-,
Q cord'
( "0
J . «fird: Orl^Tlnal: Therefore it agreeing with every part of the de-
cord to tra^ Common Law it Iclf, • and doth confcquent-
iininon jt's Obfervation as a flanding Law, not akerabic any way,
lybind atilu ^ its force, that is, by general confcn'-, according to
but the fame way it at firft took its wr ^ ^ ^ ^ was at the
theM^A'/wc at /^iJe^or taken away by any Si at ate, rcraaiucih flill.
common Law, andts uotm^ enioyned by thefe Canons, was here allowed
And although this to the Canons as-fuch ; but
nnd phleive , 1 ^ , things as were judged rational: and it had been the fame
as they did com ^ • Ef^glandln imitation of other Countries, as it is up-
cafe It the fSons: For though the Bifliops of Rome claiming an un.ver-
?'l'"7'fXte Power of Legillation, Tn ordine ad Sf.rmalta, over all Chriften-
fal and ^ of every Opportunity that offered it felt tor the obtaining of
tTki^wtkMhey prd^^^^^^ Jure d.v.no .nA in Rigy of their Vicardiip
this Right, \ _ gjfily the Jewels of their
dud; ^ their People to be in Subjedion to the Laws and Conftitutioas
th^ either diredlly or ind.reffly did affedt their
of ''"y '"f-pS thought it necelfary to mahage tlieir Bufinefs with all
rnSueat'Sfcea^Jcunhng, Sy bnnf^ngthe Lait^ to the humout by degrees;
and accordinglydid at firft colled certain Rules and Uiredio.ns lor the Government
ofthe cTerny onely, which were called. Bccfrtn, hrft pub ilhed in in? during
Kini A'f^«-Reign Casfome do think, though others reckon it was long belore)
hutmvi throughly obferyed in England, Kel'.aw.^. 711%- iS., But having pt
r 1? J^mirareliicnt by the reception ot thefe Rules m many Countries , they
^ 1 t thev m?ght venture a little further, and then would have the Uity as weli
thou^luth y Jicnce totheir Ed^cas : but that mult Defirft m lome incon-
M mbS®-nt Alngs; as Abftinence from Meats <5-c. and did not ftyle them
whUthe Lordly Name of Leges, but with a great deal of Meeknefs and humility,
witntiie^ui > ^pri;rAS fervcrim T>ci. did offer to their Confideration cer-
Woi-Stw • whence the AbainenA-weck before Whitefimday yas called Ro-
tam Rogati 'Eefenfor..pacts, zpart. z^. oblerves; Chriftians
S ^ £d Honour for his Holinefs, yielded Obedience to thefe fame
lertilade boM to ptoce^ one Rep futihcr ; that is, They together with
rnlincilsiLde certain Orders or7Jeeretals about Temporal Matters, (but tn
tZf^dSpmtaaHa too) when thefe came fitft into EngUndSee mtthew
To t4fe Obedience\vas required Irom Prince and People, and all
rffmnmacious and Obftinate Delinquents were moll feyereiy Anathematized : The
toTcIcM/s were fuch as thefe. That any Clergyman that was grieved by a Judg-
Sentence ift the Court-Chnftiaii, or any other Courft.cclefiaftical withm this
Sn t^Xbe relieved by an Appeal from Rome, ptat no Layman iliould have
Ae«T.ofihonofanyEcclefiaftical Preferment nor the Prefcntation to a Church;
oT he tirill not Mtrry withm fuch and luch Dcgrees; That Children born before
«ls b ^ t Taat theiCletgyntould be abfolutefe exempted from Secu-
Jiipouia , Yet t\\dQ7')ecretah met with very little refped: in England, France,
larPowe , exceptPatrimony in the Topes
^^TFarritories called by the Canoniffs Tatrtn Obedienua. For m England (to wave
any dfeorfe of'theLaws and Cuftoms of other Countries) in Read of being recei-'
^ onrobferved according to Expedation, they were ftoutly oppoled by the Judges
' t Siting icm the Soveraignty and Prerogative of the King,
and KnlngtoThedetriment ofthe RightsVnd Properties ot his Subjefe : And in
nf thi^ • feveral Ads of Parliament were made to curb the Inlolence of
riiofe ufufping and to puniili the audacious Enterprifp of thoft fadtious and
d fleyai subjeils, iho did prefume to attempt to controll tne Judgments that were
oiven in the Kings Courts'by Procefs from fli® ; or to procure Provificns and
Refervations ol Benefices by Butts or- Breve s from Rome ■■ See 2,7 F. y c. i. 4 S E. 5.
f.i. Zs'E. c.^^. 16 R.z,c.^. whereby fuch-Sucrs of Appeals, and Procurers of Bulls
^ anrl.
C 2? ) . ■
and Procels {\:cimRome^ for the purpofes aforefaid, are made liabls to the Penaltiesof
a Rr^ranv.tre^ whereby the Body of the Offender is to be Imprifcned during the
Kings Pleafure,.his Goods forfeited, and his Lands feifed into the Kings Hands , fo
long as the Offender liveth. How far the Benefit of Cicrgy was'aliowcd, 1 have al-
ready ihewn; And as for the Matter of Leghimation, you may fee»the Statute of
Merto?}^c.(). Et rog;vverimt omnes Ep^cop Magnates lit confcntzrcnt, quod naii antc'
fnatrtmomum effent kgitim!^ Jicut ilhqui nati funt fcft matrimonhim quantum ad
\uccelfioitem h^reditarlatn, quia Ecclejia.tales habet fro legitimes. Et omncs Cpni-
tes eg" Barones reffonderunt quodnolunt Anglix leges mutar-e, qtido hiicu{que ujitatie
cr affrcb:it£ f'unt : Vide i8 E. 4. ^o.a. All which Statutes are Declarative of the
Common Law, and therefore do prove that the People of England were never obli-
ged to allow of dny Decrees of Councils or Canons of the Churdi, further than
they judged it fit and convenient fo to do ; which Arbitrary Reception, together wffli
a Tranfmifiion to Poflerity, did of it felf make it one of the Laws of England^ which
continues in force (though the Councils or Convocations Ihould afterward repeal
their Decrees ) till they be altered by A^jl of Parliament, Co. Eauadries Cafe 9. Da-
vies Reforts 70,71. the cafe of Commetdam: And the Preambletto the Statute
of Dilpenfatioiis and Faculties, made 25 Blen. 8. c. ai. which runs in this man'ner :
iVhereastbh his Majeflies Realm^ reccgnifing no Suferionr under God^ but ciicly his
Majefty^ hath been and is free from fubjeChon to any mans Lavjs^ but outly fuch as
have been devifed^ made, and ordained within this Realm, fornhe wealth of the
fame, or to fuch other as by fufferauce of the King and his Progenitors, the Peofle of
this Realm have taken at their free Jiberty by their own confent to be ufed .among
them, and have hound themfeIves by /ong Vfe and Cuffom to the obfervance of the
fame, not as to the obfervance of the LazvsofanyforeignPriftce, Potentate, or P/c
late, '4)Ut as to the customed and ancient Laws of this Realm, originally eflabliftjed
as Laws of the \amc, by the fnd Sufferance, Confents and CuHoms, and none other-,
wife. And fo it is in Co.Ref. j.x. fart. fol. ^i. iAll Canons, Ccnfii tut ions, Ordinan-
ces, Sytiods,Provincials, 8cc. are mforce that have been by general Confent aud Cu.-
flom within the Realm allowed, and f) may by general confent he correEied, enlarged, »
exf lamed or abrogated. Seeing therefore it is evident from what hath been already
faitd, that thole Canons and Conftitutions of the Church concerning Judicature in
Matters of Blood, have not onely been pradiifed and allowed in this Nation fuccelTive-
ly for feveral Ages together, bey onfall time of Memory, 'but alio ratifi«d an«l con-
firmed by Add of Parliament; it follows, that they have the force of Laws of Eng-
land, and are not alterable without an Adf of Parliament; as the twelve Tables of
Athens did really become, and were properly called Jtas civile Rom inum, after they,
were voluntarily received and allowed at R.Qme : And as the fame may be iiiftahced
in fome parallel Cafes among our felves, as the Priviledge of Clergy, Pluralities, and
Difpenfations, &c. which were parts of th^ Common Law of England, although they
became fuch no otherwife then by the Nations reception and obfervation of the Ca-
nons of the Church. •
Laflly, I am not apt to believe that this Cuflom was taken up upon the account of
the Canons of the Church, but rather bccaufe it was a thing -agreeable to the Confli-
ration of the Government, the Reafon and Rules of the Common Law, and the Na-
ture of their jurifdidrion and Honour, being meerly praedial or feudal; and that be-
caufe upon a ftribt fearch it will be found of ancienter date than any of the Canons
of the Church ; for the firft Canon that I find in Linwood is that which was.made An,
1222. and is among the reft of the Conftitutions of Archbilhop Stephen in thefe
words ; Prefenti decretoffatuimm ne Clerici benefciati aiit in Sacris Ordintbtts con^
fitutiviUarumProcuratores admittantur, videlicet ut fint Senefchalli, aut Ballive
talium admimhtratioinm, occafione quarum laicls in reddendis ratiociniis obligen-
tur, nec funfdiEtiones exerceant feculares frafertim iUas quibm pSic'mm ^nguinis
eft annexum Authoritate quoque Concilii diftriBius inhibemus ne quis Clericus be^
iieficiatus vel in Shcris Ordinibus conflitiittis litter as fro poena Sanguinis infl'igenda
fcrtbere vel dicfarefrefumat, vel ubi Judicium Sarrguinis exercetnr interjit .* Z/w-
( M )
ijDood^ 146, which Conftitution was made above fifty years after the Parliament at
which confirms this Cuftom, and calls it one of the Avita confuettidines.
Thefe Particulars well confidered, will give a very fatisfadory Anfwer to their Obje-
dtion, and therefore 1 need not fay any more.
But it is furtl^r objeded, That the Clergy in their Proteflation which they made
II R.z. do declare, Qtiod iJ>fos j}erjonaltter interejje pertinet, ( and fo they did in
fome Proteftations which were made afterward ^ and after all they do infert this
Claufe, Non volumus nec intendimus qnodproce^m hahiti ^ hahendt^^c. jntnris
tcmpribus quomodolibet impugnentur^ iftf.rmefitnr, feu rejwveiitnr. From this they
argue, otherwife all the Proceedings of the Houfe of Lords in the abfence of the Cler-
gy, arc invalid and reverfable,or elfe to what purpofe is this Claufe: And the Lords
Temporal giving leave that this Proteflation fliould been tred upon Record, did impli-
citely aifent to what the Clergy alledged therein.
To this I anfwer,Thata Proteflation in its felf is no argument of any Right neither
doth the permiflion and allowance of any Proteflation, yield that right which the Pro-
teller is defirous to fave, but only faves the right which the party had before, if he
had any ; and if. none, then the'making that Saho could give him none; for the out-
mofl^hat a Proteflation can do, is to anticipate a Conclufion, or F.floppeJ; /. e. to pro-
vide that the doing of any fuch Adl as is Contained in the Proteflation, fhall nor be
conftruded to the Prejudice of the Party ; fo as to Barr or Conclude him from Claym-
inof afterward that which in ret •veritate is his right. So that this Proteflation of
the Clergy is no Argument of their Right to beprefent and to Vote in Capital Mat-
ters J and that chiefly for thefe two Reafons : i. By the Roll we find i hat the Clergy
did not only depart when Capital Cafes were to be debated, but alio in all other
Cafes that were done thatSeffion ; beqaufe there were many Matters of Treafon
to be handled, therefore they abfented from the Parliament altogether: foiths in
Sir. Rob. Cottons Abr, So that this Proteflation may very well be fuppofed to
have been made with refpdd to thofe other Matters which were not Capital, where
they had an undoubted Right to be prefent, and therefore fuch a Proteflation
9 might be very Proper j and not to have any refped to thofe Cafes which were
Capital, efpecially feeing they did aK^^aies in fuch Cafes Abfent themfelves in
former times without making any Proteflation. 2. Admitting that the Clergy
did intend that Capital Cafes, as well as others which were not Capital, fliould
be within the Salvo of-their Proteflation ; yet nothing can be inferred from
thence, but that they themfelves faid tlity had Right to be prefent, and what
then ? Muft it of neceffity follow that they had Right becaufe they Claimed
it ? If that Confequence had been allowed to be good, I am afraid the Crown
of England had been Incorporated long ago into the Triple Crown.
As for that Claufe of the Proteflation tor the Validity of all fuch Tranfadi-
ons as fhould happen to pafs in their Abfence , I mufl. confefs 1 do not think
it was to very much purpofe. i. Becaufe that without any Trovtjo the Pro-
ceedings of the Houfe of Lords in their Abfence, had certainly been valid e-
nough, as I fliall prove anon. 2. if they had-not been good, this Claufe could
not have helped them ; becaufe wherever the Aifent and agreement of any perfon
or perfons is Requifite for the perfedion of a thing, it is neceffary that that thing
to which the Aifent is Requifite, be tn ejfe at the time of the Aifent made ;
for otherwife it is an Affent to nothing, and that is as much as no Aifent at
all : If therefore the AlTent of the'Prelates be indifpenfably neceffary to the per-
fcdion of every judgment and Bill that paffeth the Houfe of Lords j Such a pre-
cedent Aifent to all that fliall Pafs, during their i^bfence in General, which is an
Aifent to they do not know what themfelves , will not amount to a fufficient
agreement j The Reafon is, becaufe the Law of England doth prefume that in
all private Tranfadions between Party and Party, and much more in things of
Publick ^Concernment and of fo great moment, as Making of Laws and Giving-
judgment of Death uppon Peers of the Realm, whatfoever a l^an doth is upon
Rational Inducements, and that the Conveniency and Advantage which he ex->
peds
9
( )
pe^s will Accrue thereby, is the Motive that prevails with him to agree to th-
thing; and therefore all fuch Agreements as are made at a venture, when th-
party agreeing knows not what it is he agrees to, (as when a man agreerh to
a thing before it be in e(je^ are rejedred in Law as irrational and hiconfiderate:
So it a Tenant comes and fay to his Lord, I agree to aH Qratits which yo/i
Pall hercajter make cf the Manor, or any part of it; Surely this without a Sub-
lequent Agreement to every particular Grant, will not amount to an Attorne-
ment. And at the Common Law, Licences for Alienation, granted to Tenants
were alwaies fpeciai ; and a general Licence to all Alienations which the Te-
nant iliould afterward make, was void. And if fuch an agreement of the Lords
Spiritual, as is before defcribed, be fufHcient to perfed any Judcrment or Bill
which iltall pafs the Houfe of Lords ; then they may as well lav that, the
whole Houfe of Lords may depart from Parliament, and agree before-hand in
the fame manner to every Bill which iliall pafs the Houfe of Commons and
thcfe with the Royal Alfent dliah be good Laws; efpeciaiiy if it be, as they fay
that the Clergy is one of the Three Fdhtes of Parliament. '
But then you will demand , Why fliould the Houfe of Lords fuTer thefe
things to be entred upon the Roll, if they did not think that their Claims
were legal ^c. To this.it may be anfwered, That the Roll is only a RegiBer
or Narrative of all the Matters of FacT that palTed in the Houfe of "Lords and
although the entr'ing of a Paffage upon the Roll makes it fo Authentick' thac
the Matter of Fad: that there was certainly fuch a paifage^ is undenia-
b!e ; yet it doth not follow that every thing that is entred upon the Roll is crcod
Authority for Matter of Law, except it appear by the Roll that it was taken for
Law by the Tote and Refolution of the Houfe ; and therefore although the Houfe
of Lords did lutter this ProteBation to be entred upon the Boll, yet it doth not
follow that they did allow that every thing tliat the ProteBors faid was true
but only allowed it to be true, that the ProteBors did fay fo. And befides the En-
tring of a ProteBation is a thing which is always reckoned the beB Expedient for re"
concilingof Differences when begun, or preventing cf them before they are begun •
or at lead for diverting them till a more feafonable time, when the putting of the
Matter to a Tryal would either prove dangerous, or expenfive of more time than the
urgency of other more important Affairs, then to be managed would allow • and
therefore the RequeB of Entring their ProteBation, is never upon any account what
foever, denied to thofe who have not a mind to be concluded by the then Proceed'
ings ; and if there be any thing contained in the ProteBation that is of an ill Com"
plexion in the Judgment of the Houfe, either as tending to the Diminution of the
Kings Prerogative, the Authority of Parliament, or otherwife Vilifying the ConBi-
turioii of the Government; the ProteBation is allowed to be Entred BrB and the
ProteBorspunifliedfor ir when they have done. We find in the Reign ofJiich z
two Bills paifedjhe Houfe of Commons, the one againB Provifors the other'a*
gainB Procurers of Procefs from the Court of Rome ; thefe Bills were violently on"
pofedbythcClergymtheHoufeof Lords, but notwithBanding the Bills palfed the
Houfe, the Clergy ma great Rage depart the Houfe, and ProteB againB the Bil's as
abridging the Authority and Pnviledges of the Holy Church ; which the Lords'fuf
fered to ue entred, and yet did not agree to thofe Allegations of the' Clergy • for the
Royal Aifcnt was given, and they were always accounted good and firm Laws
i^R. 2.C. 2, and c. ^.-Wefind alfo that in the time of his late MajeBy, Twelve Bi*
Biops departed the Houfe, and ProteBed againB all Orders, Laws, Votes &c that
fhould be made in their Abfence, which ProteBation at their RequqB was entred un
on the Journal, and yet it was fo far againB the Senfe of the Houfe, that thev Vo
ted it prejudicial to the Government, and deBrudive of the very Being of Pirha"
ments ; for which fome of them were put into the Tower.- This 1 mention to Ihew"
that although the Matter of ProteBation do extreamly thM^art the Genius and Difno
Btion of the whole Houfe, yet the RequeB of having it entred, is never denied. "
la'
\0
<5
fu
i ■
I *
()
In the next place, I fliall confider the Roll of zi Rich, z. wliere the fir ft Petition
that the Commons made that Parliament to the King, was,- Tort hat divers Judg' •
ments were heretojorc undone ^ jor that the Clergy were not ^reftnt, the Commons
frayed the King^ that the Clergy would affoint fome to be their Common RroClor^
with fiifficient Authority thereunto. -The Rrelates therefore being feverally exa-
niined^ affointed Sir Thomas de la Percie their RroTior to AJfent^ rts by their In-
frument affeareth. Thus was the Pradtife of Conftituting Proxies begun.
It is apparent to all men of Common Senfe, That if the Clergy were forbidden
to give Judgment of Death by any Law or Rules whatfoever, that Law was violated
by their Conftituting a Proxy, as much as if they had been perfonally prefent; Whe-
theror no their Pcrfonal Prefence was prohibited by the Law of England at this time,
I leave to the Judicious Reader to determine from what hath been faid before: If
they were prohibited, then certainly this Petition of the Commons was unwarrant-
able, and contrary to Law. It is not impoflible that the Houfe of Commons being
but fallible, men fpurred on by too precipitant a Zeal and Eagernefs for the accora-
pliihment of a Bufinefs, fhould by endeavouring to make fure work, fall inconfide-
rately into another extream, and through the want of due Examination of Prece-
dents, become guilty of a miftake. I Ihail not trouble my felf much in difcourfing
about the poftibility of the thing , for I lhall make appear, that it was adiually fo
in our Cafe : For, i. That which was the ground of the Petition oPthe Commons;
viz,. That divers Judgments have been heretofore undone., &c. was a palpable mi-
ftake de faSloIt is true, the two Judgments that were given againft. the two Sfeiu
cers, ifE.z. were reverfedfor this caufe, through the great favour and intereft that
they then had at Court: And there is no queftion, but thefe two Judgments were
the ground of the Commons Petition made ziR.z. for there are no other Judge-
ments to be found that were ever reverfed for this caufe ; but how well their Petition
was grounded you may learn from i.E.^.c.i. Where this fame Judgment is declared
in Parliament to be good, and that the aforefaid reverfal was null and void; and the
two Sfencers upon this Affirmance of the Judgment were Executed. I fuppofe if the
forwardnefs and Zeal of the Commons had given them time to fearch the Records
with fo much diligence that they might have found this, they had not faid; For that
divers Judgmetrts have been heretofore midcnc,^c. 2. That in point of Law the
abfence of the Prelates makes not a Judgment erronious, befides the Authority of
that Record, 1 E.^. is further proved: i. From the Earl of Salisbury's Cafe, 2 J/.y,
who petitioned that the Judgment that was given againft bis Father might be Re-
verfed, and Affigns for Errour, that it was not with the Affent of the Lords Spiri-
tual, who are Peers of the Realm : the Houfe of Lords upon Debate refolved, that it
was not Errour, and thereforeAhe Judgment was good, aly. If the Confent of the
Clergy be abfolutely necelfary to every Judgment that palfeth the Houfe of Lords,
then confequently it muft be necelfary. to every Ad of Parliament; There can no
manner of Difference be Affigned between the two Cafes as to this Matter, for their
Power and Jurifdidion in Legiflation, is every whit as ample as their Power of Ju-
dicature; and therefore their Concurrence is equally necelfary in both Cafes. But
it is a thing of dangerous Confequence to Affert, that an Ad of Parliament cannot be
made without the Confent of the Clergy, for it will make fome of the bcft Laws
that ever were made in England before the Reformation, and which have ever been
to this day accounted firm and eftabliffied Laws, of no force at all. Moft of the Sta-
tutes of Mortmain were made againft the will of the Clergy , and their Diffent
is recorded. The Statute T)e Affortatis' Religioforum , is Enaded by the King,
T)e Concilio, Comitunij, Baronum , Magnatum, Trocerum, & Regni fui Comitd'
1mm in Tarliamento, See. and yet proved by my Lord Cook in his Expofition
of this Statute to be a good Law , from n:he Teftimony of many Records and
Ads of Parliament that recite, this Statute. The Statute of 5 R.ich. 2, c. 3. was
made againft the Clergy, for the ill difpofition of Dignities, Offices, Canonries, Pre-
bends, and Parfonages, and other Bdleliaftii^l Preferments, upon lewd and Jicen-
. cious ■
( ^7 )
cious perfons, to the S<?andal of Religion, and the negled of Divine Service, 6'c.
The Clergy being fomevviiat difpleafed that any fliould undertake to reform them,
at the firft reading of the Bill departed, but notwithflanding the Bill pad, and is faid
to be Enacded by the King, Nobles of the Land, and the Commons, leaving out the
Clergy ; And yet this hath been allowed for an eftabliihed Law- by all the Judges.
See Roll 5 R.z.ih 58,,—40. The Statute of -] R. z.c. 12. was made to impower Ju-
Rices of Peace to enquire of feveral grievous Extortions committed by the- Biihops
and their Officers, to the great grievance and oppreffion of the Kings Liege People,
The bringing in of tRi^'Bill offended the Clergy more than the former, info-
much that they left the Houfe ina greatHuff, ProteRingagainft the Bill, as inju-
rious to the. Franchifes and JurifditRion of the Church , yet notvvithftanding it
palfed into a Law.
The Clergy were abferit all the Parliament that was held 11 R. z, and yet divers
good and profitable Laws were rhade that Parliament never, queftioned for their
Validity, but always putinufe, as 11 R. 2. c. 7. about Merchants, c. 8. concerning
the granting of Annuities, r. 9. concerning new Impofitions, c. 11. of Affizes 1 and
feveral others made in the a^nce of the Clergy. I might for this enumerate
all the Statutes of Rfovtjbfs 'and the Statutes of Rremunire^ for Suets of Ap-
peals, and other Procefs from Rome^ as 2^ E. c. 1. and 22. where the Names
of the Clergy are left out: and r? Rich. 2. c, 2. and c. where they were fo
far from Ailenting, that they entred Proteftations againft them, becaufe they a-
bridged the Popes Authority, as is before obferved ; And the ibR.z. c. y. palTed
againR the will of the whole Clergy. And fo the Statute that was made in the
fame year about the Queens Marriage, without the Kings Confent, was made
without the Concurrence of the Clergy ^ for their Alfent to it was fpecial in this
manner: So far as it is agreeable to the Law oj Cod and the' Holy Cfmrch^ Which
being conditional and under a ReRraint, was according to the Courfe of Par-
liaments accounted as no Affent at all, and fo it w^as fpecially Entred j and yet
none did ever queRion the Strength and Force of this Ad:.
Thefe Statutes being allowed by the Judges of England as Good and Authen-
tick Laws, although they were not agreed to by the Lords Spiritual, do prove
that the Concurrence of the Lords Spiritual is no more necelfary to the< Elfence
and Perfedion of an Ad of Parliament, than the Concurrence of as many Tem=
poral Lords.
Upon the whole Matter, it appears to have been a very flrange and unac-
countable over-fight in the Houfe of Commons at that time, that they Ihould be
the firR Introducers of an Innovation upon fo falfe a Ground as theirs was. But •
however this Pradice being built upon fo fandy a Foundation, it feems had no long
continuance; for there doth not occur in any Author, nor in the Abridgments of
the Records, any mention of more than Two Proxies; the firR was Sir Thomas de la
Rercie , the fecond was Sir William de la Scroope^ who immediately ilicceded him
in this his New Office: But feeing it is ralli to AlTert a Negative in a Matter of Fad,
it will be very fatisfadory if any will inform us, of any more, and that may eafily
be done, if there were any; becaufe none can ad as a Proxy, except his Procurator-
fliip be Entred upon the Roll.
MoR of thofe Records that are Cited in .the. bdialf of the Spiritual Lords, are ei-
ther fuch as were in thofe times wffien the Clergy put in Proxies, as all thofe that
are upon or after the 21 Rich. 2. and about the beginning of Hen. 4. Such is the Cafe
of the Earl of Arundel; for it appears by the Record, that the Conftitution of the
Proxy was in Ab 9. and the Arraignment of the Earl was not till Abiy, or, 16. and
therefore after the Proxy; fo that theife was reafon that the Records ffiould be
Entred bytheKmg^ Bijhops, and Lords\ feeing the Bilhops Deputy was prefentf
but it is no Argument of their perfonal prefence : Or elfe they are Cafes of Bills of,
Attainder, and that is not much to our purpofc ; for thofe will as well prove that the
Houfe of Commons have fate Judicially upon Matters of Life and Death. A BUI,
of Attaindet is reckjoned the flrongefl way, becaulc there is a Concurrence of all the
Three FJhtes, of both the Judicial and Legiflative Power; and that is neceffarv for
making a Forfeiture of all manner of Rights, Titles, and Intcrefts, which othctwilc
are not Forfeitable : Arid if at any time there was an opportunity for the Clerijv
to tranfgrefs the Laws both Eccleriaftical and Civil (1 mean the Statutes and Cu-
ftoms ol this Realm") which was connived at by the relief the Lords and Com-
mons , I hope that will not be accounted a Precedent to overthrow a Cuflom of fo
Ancient aDate, and fo agreeable to the Fundamental Conilitution of the. GDvern-
men% and the Grounds and Reafons of the Common Law, and alfo Confirmed
by an Ad of Parliament; So by degrees the whole Method and Courfe of ParJia-
mentary Proceedings may be altered, and the very Being and Foundation of Parlia-
ments lhaken. So we Ihould have had the Lords refulal to Sequefler the Earl o^
from Parliament, a Precedent; if they had not afterward acknowledged it to
have been an Errour. We may find in many Cafes the Lords Difpcnfing with
CAirra.' ^E. They paffed Judgment of Death upon fevcral Com
moners: is"^- T We find feveral Particulars enumerated, wherein the Commons
complained of Breaches .of Magna Chart a, and we are not fure that all theJe par
ticular Cafes were remedied, and therefore muft thefe Rand all for Precedents ' A t this
Rate there are few Points of Law perhaps that will efcape Doubt and ControVerfic:
tor we tliallhave tome of the Lords pretend the} can transfer their Honours, and fo
are able to make the Kings Enemies his Counceliors.becaufe in E)aiiicowts Cafe 4 ////?
I z6. one Branch of the Family fate in theHoufe bv vcrtueof a Grant from the other
Branch ot the Family, from the Raign of E. a. to K 6. And the Earldom of
Chejier was firft granted 17 F7. and transferred 59 H And upon thefe
Precedents there was an Attempt in \\\€ Lord FitzAValtn's Cafe to m-'ke a
Baron by Tranflation* of interell. Admitting therefore that Once or Twice or
fuch a matter^ the Bilhops have Voted in Capital Cafes, yet they cannot Con-
troul an Antient and well efiabiifiied Cullom, though 1 am not apt to believe there
are many fuch Cafes : However it was a very picafant humour of a Gentleman
that wrote lately of this matter and cited a Precedent in the Raign of jR z
Of the Earl of and JFardor, whereas there was no fuch Lord as Arundel
and Waydor Created till King ^ames his time. Vide fo /. ^c. He cites the
-Cafe of the Earl of SaUbiiry, who in his Petition fiys the Prelates are Peers
in Parliament, and afiigns for Error that they were Abfent when Judgment was
given againft his Father; and this is a good Precedent to prove the Prelates
right to Vote in Capital Cafes as Peers in Parliament : Whereas the Petition was
dilaUowed, and the Judgment affirmed by tiie refolution of the whole Floufe
Such a way of arguing delerves fome fpecial animadvcrfion. But \ fliail fuper-
fede any further Gonfideration of the matter, and lliall conclude that without
an Ad of Parliament the Bilhops can have no right to Vote in Capital Cafes
which if this prefent Parliament fliall think fit to make, it behoves all true Subl
jcds to agree thereto.
F i N.I sf '
That the
I N
ENGLAND
May and Ought to Vote in
Cafes of Blood.
Written in the Late Times upon occafion of the
Earl of Straffords Gale.
t " ' V' I
By a Learned Ten,
With fomef
ANSWERS to the OBJECTIONS
of the then Bifliop of Lincoln,
AGAINST
I
Bilhops Voting laVARLIA ME NT.
^ £ 0 NP 0 N, Prfated 1680J
TO THE
E A D
Readery
I
Difcourfe wds I/Britten by d
Learned Gentleman of the Long-
Kobe^ at the beginning of the latd
troubles in the Cafe of the Earl of
Strafford, but never Printed,
The fame Quejlion being Jidrte'd
afrefh, and the confederation of it revived upn the
lil^ Occafeon^ it is thought fit to be Publijhed
WW.
If it miriifeer any fatisfaUionto the Reader in the
Cafe the Publijher has his end.
4-^T.
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. td • x\ Vratnv 1?
.4^, p f'hJA J:i Si acvt^\i\n'^ 'ip-s-Jm'Xi s'; "\*
* t-V r • . ,
(0
That 'Bip70ps in England 7?iay and ou^ht to Vote in Caiifa Sanguinis,
and that they ipere neyer hihibtted by any Lait> of this Land^ or the
Lay-Teers fo to do, before this time, and that their Voluntary for-
■ hearance heretofore to fentente in this Cafe, f^roceeded from their olpii
Fears of the Canons and Court of Rome, and fome Imivate ends
they then had. .And by the fpecial leoTve of the Kjyig, and both
Houfes in plein Parliament, lt>ho it>ere gratioufly pieafed to alloi)}
of their Proteflations for their Indenmity, as CJmrch-ynen, when
they mi^7t have rejected their fa id Protejlatmis if they had pieafed.
IVith fome Jnfvpers to the ObjeBions of the Pifiop of Lmcoln.
kT is not Prohibitum quia mdum, nor any way evil in it
felf^ no more thank is an evil thing in it (elf to do Ju-
ftice.
2. It was in ufe before the Law, when the eldeft of the
Family was King, Prieft, and Prophet.
3. It was in ufe .under the Law, and fo continued in
the Priefts andLevites, down to Afinas andCaiphas. Nay after the Death
of Chrift, as appears by the Scourging of the Apofties, the Stoning of
Stephen, the direding of St. Paul to be fmitten on the mouth, 8cc.
It was in ufe in theperfonsof the Apoftles themfelves, as in that Judg-
ment given upon Ananias and Saphira,'m the firft of the A&s^ In theXradi-
tion to Sathan, as moft of the Antient Fathers expound that Cenfure, And
generally in all the Word of God there is no one Text that Inhibits Church-
men, more than Lay-men, to ufe this kind of Judicature. For that Pre-
cept to he no Urik^r, I Tim. 3. 3. is no more to be appropriated unto a Bi-
fliop from the reft of Chriftian men, than that, not given to Wine 01?
Roaring which immediately precedes the fame.
In this Ijland it was in ufe before the Romans entered the fame,
when tlie Druyds, Si c£des fa^a, p'cenas conUituunt, gave all i^entences
inCauf^of Blood. de beUo GaUico lib. 6. fee Mr. Seldens Epinomk
Cap. 2.
Nor is it like the Romans fhould forbid it in Church-men, whole Pontift-
cal Colledge, after the entertaining of the 12 Tables, medled in all matters
of this kind, Strabo Geograph. lib. 4.
And it is not like, that the Chriifian Religion excluded Bifhops in this
Ifland from Secular Judicatures, confidering thatKing isdirediedby
the advice of his Council, to take out his Laws for the reigling of this
Kingdom, Ex ntraque Pagina, that is, out of theOld andNew Teftament,
which could not be done in that Age, without the help of his Bifhops.
See Sir Hen. SpelmansCova\cds, pag. 34. ad Ammm Domini 185. And how
the great Prelates amongft. the Antient Britains were wholly imployed in
thefe kind of Secular Agitations, you may fee by the Ecclefiaftical Laws of
B Howel
(0
Horvel Dha^ fet forth by Sir Henrji Spdman in his Councils, pag. 408. ad
Annum Domini. 940.
4. And a little before this Horn I Dha^ lived King R.lhdUan. In the 2
Cap. of whofc Ecclefiaftical Laws we have it peremptorily ^ fet down, hinc
debent Epijcopi cum fecnli Jndidbus interejfe judiciis^ and particularly in all
Judgments of the Ordals, which no man that underflandeth the word, can
make any doUbt to have been extended to the mutilation of Humane mem-
bers. Sir Henrp Spdmans Councils,405.AnnnrnDomini, 928.
. 5. And that the Bifoops joyned alwayes witbthe Secular Lords in all thefe
Judiciary Laws, and Afts, under the whole Reign of the Saxons and Danes
within this Itland, we may fee by thofe Saxon and Danifi Laws for rather
Capitularies, which amongft the French and Germans.^ do fignifie a mixture
of Laws, made by the Prince, the Bilhops, and the Barons, to reigle both
Church and Common-wealth) fet forth by Mr. Lambert., Anno 1568. foe
particularly the 9 th Chap.o£ Ring Edwards Laws, dehis qui ad judicium ferri
zd aqu<e Judicati Jisnt per JuBitiam Regis. It is in Mr. Lamberts Laws,
fd.128.
And thus it continued in this Kingdom long after the Conqueft, to wit
in Henrj BeaucLirks time, after whofe Reign it began firftof all to be a lit-
tie limited and refkrained. For at Clarindon^ Anno Dom. 1164. the 8th of
the Calends of February., in the nth year of Henry the 2. a general Record
is agreed upon, by that Kings fpecial Command, of all the Cuftoms and
Liberties of this Kingdom, ever fithence Henry the firft, that Kings Grand-
Father, as you may fee in Matthew Paris., pag. <^6. of the firft Edition, where
amongft other Cuftoms agreed upon, thisis one.
Arch-Bifhops, Bifhops, and all other Perfons of this Kingdom which hold
of the King in Capite, are to enjoy their Pofieftions of the King as a Baronie,
and by reafon thereof are to anfwer before the Judges and Officers of the
King, and to obforve, a^ad perform all the Kings Cuftoms. And juft as the
reft of the Barons, ought ffor it was a duty the King then required from
them, as the King now by his Summons doth from us) to be prefont in the
Judgments of the Kings Courts, together with the reft of the Barons, un-
til fuch time as they ftiall there proceed, to the mangling of members or
Sentence of Death.
And here, in the laft words is adiverfityof reading. For Matthew Pa-
rk a young Monk, that live4 long after, reads this Cuftom thus ^
^juoufque perveniatur ad diminntionem membrorum vd ad mortem. Which
may be wrefted to the firft agitation of any Charge tending that way. But
^Puadrilogus (a Book written in that very Age) and the Copy of the Ar-
tides of Clarindon which Becket font to Rome., extant at this day in the Fa-
tican Library, and out of the which, Baronius in his Annals ad Annum
1164, tranfcribes it, reads the Cuftom thus 5 'Ojque perveniatur in Judici^
ad dirninutionem membrorum, cFc. which leaves the Bifhops to fit there,
until the'Judgement come to be pronounced, amounting to Death,or mu-
tilation of members.
And as this was agreed to be the Cuftom, fo was it the Praftifc alfb.
After the nth year, to wit in the 15th year of Henry the 2. At what time
the Lay-Peers are fofar from requiring the Bifhops to withdraw, that they
endeavour to force them alone, to hear and determine a matter of Trea-
fon in the Perfon of Beckpt. Stephanides is my Author for this, who was a
Chaplain and follower of that Arch-Bifhop. The Barons fay (faith that
Author
Author) you BKiiops ought to pronounce Sentence upon your felves, we
are Layicks, you are Church-men, as this fellow is, being his fellow Prieftsi
and fellow BilhopS; To whom fome one of the Bilhops replyed, this be-
longs rather to you ray Lords, than to us for this is no Ecclefiaftical, but
a Secular Judicature. We fit not here as Bilhops, bat as Barons. NosBa-
rones ^ zios Barones hie pares Jhni/es, Wc Barons artd you Barons, are all
Peers in this place. And in vain it is, that you ftioukl labour to find any
difference at all in our Order or Calling, dv. fee this M. S. cited by Mr;
Seldens Titles of honour, the 2d Edition, pag. 705. And thus the Cuftont
continued until the 21 year of the fame King Hemy 2, at what time that
Provincial Synod was kept at WeUntinihr by the Arch-Bilhop of Canter-
bury^ and fome few of his Suffragans, which Boger Ho-vedcn mentions in his;
Hifiory, pag. 543. And (it feems) Gervajtns Doroherne?7fis which is a M. S;
I have not feen. The quoting of this Monk in the Margcn of that Colic-
ftion of Priviledgcs which Mr. Selden by Command had made for the up-
per Houfe of Parliament, is the only ground of ftirring up this queftiori
againff the Bilhops, at this prefent intended by Mr. Selden for a Priviledge
for Bilhops, not for a Priviledge for the Lay-Peers, to be prefled againft
Bilhops. The Canon runs thus*
It is not Lawful for llich as are Confiituted in Holy Orders, Indicium
Sanguinis agitare^ to put in Execution Judgments of Bloody And there-
fore we forbid, that they lhall either in their ovvn Perlbns, Execute any
fuch mutilation of Members, or Sentence thetii to be fo afted by others;
And if any fuch Perlbn, lhall do any fuch thing, he lhall be deprived of
the Office and Place of his Order and Fundion. We do likewile forbid
under the peril of Excommunication, that no Priefl: be a Secular Sherifor
Provoft.
Now this is no Canon made in England^ much lefs Confirmed by Com-
mon Law, or aflentcd unto by all the Bilhops of the Province of Can-
terbnry., or by anyone of the Province of but Ttanfcribed fasap-
pears by Hovedens Margen ) out of a Council of Toledo 5 which in the
time That Council is fuppofed to be held (to wit the year of our Lord 660)'
was the Icaft Kingdom in Spaits., and not fo big as Torl{-fiireymd conlequent-
ly improper to reigle all the World, and efpecially this remote Kingdom of
Efrgland. Befides, that as this poor Monk fets it down, it doth Inhibit
Church-men from being Hang-men, rather than from being Judges, or at
the mofi, from being Judges to Condemn men, to be thus mutilated and
mangled in their Members. An ordinary punifhment of the Gothes and
Vandals^ who then lived in Spain^ but never heard of here with us, of ma-'
ny years before the Reign of Henry 2d. And therefore not fitly preffedto
drive Bilhops from fitting as Peers in the Cafe of the Earl of Strajford^
who was not to be Sentenced to any mutilation of Members. True it is,
that in the Council it felf, being the iith Council of Toledo^ and the 6th
Canon, they are forbidden, quod morte pleSendnm esJ, Sentetitiii propria
jtidicare, to Sentence in any Caufe, that is to be punilhed by Death.
Whereas in the 4th Council of Toledo under Siftnajidus, held not long be-
fore, Anno Dom. 635. Canon, 31. It is laid, that the Kings do oftentimes
commit to Priefts and Bilhops their Judicature, contra quojlibet Majefiatis
obnoxios^ againft all Tray tors, howbeit from that time forward they are di-
reded not to obey their King in this particular,^ uiilefs they have him bound
by Oath to Pardon the party, in Cafe they lhall find Reafon to mediate for
(4)
him. And thus the Canon Law went in Spa/^^ but nowhefe clfe in Chri-
ftendom, in that Age.
But thefe Bifhops at Wejiminiier travailed not fo far as Toledo, to fetch
in this Canon into their Synod, but took it out of Gratian, then in vogue;
for he lived in the time of Henry Beauclarl{, Grand-Father to this Henry tliQ
2d, who in the 2d part of his Decrees Cap. Clerick, faith thus, Clerick in
Sacris ordinib/^ conjiitutis, ex Concilio Toletano, judiciitm fanguinis agitare
non licet. And fb this Canon was fetch'd from Spain, into thefe other parts
of Europe, five hundred years after the firft making thereof upon this oc-
cafion.
Pope Gregory the 7 th, otherwife called Hildebrand,-w\\o lived in the time
of Wi/Ziam the Conqueror, having fo many deadly quarrels againff Henry
t]ie4th, Emperor of Germany, to make his party good and ftrong, laid
the firff ground (which his Succeflbrs in their Canons clofely purfued) to
draw the Bifhops, and other great Prelates of Germany, France, England
and Spain, from their Lay-Soveraignes, and Lay-Lords, to depend whol-
ly upon him, and fb by Colour and Pretence of Ecclefiaftical Immunities,
withdrew them from the Services of their Princes, in War, and Peace, and
particularly from Exercifing all places of Judicature in the Civil Court of
Princes; To the which Offices they were by their breeding and Education
more enabled, than the Martial Lay-Lords of that rough Age, and by their
Fiefes and Baronies,which they held from Kings and Emperors, particular-
ly Bound and Obliged. And therefore fhall you find, that whereas the Bi-
lliops of this Ifland before the Conqueft, did ftill joyn with the Kings
and Elder-men or Lay-Lords, in the making and executing of all Laws
whatfbever, touching deprivation of Life, or mutilation of Members 5 yet
foon after,' when the Norman and EngliJij ErelatesJ^anfranc, Anfelm,Becket
and the reft, began to Trade with Rome, and as Legati nati, to Wed the
Laws and Canons cryed u^'m Rome, and to plant them here \w England,
they withdrew by little and little the EngliJlj Prelates from thofe imploy-
mentsby, and dependances upon, the Kings of England : And under the
Colour of Exemptions, and Church Immunities, erefted in this Land an
Ecclefiaftical Eftate and Monarchic, depending wholly upon the Pope ,
inhibiting them to exercife Secular Imployments, or to fit with the reft of
the Peers, in Judicatures of Life and Member, otherWife than as they lift
themfelves. And hence (principally) did arife thofe great heats, between
our Ruf/0 and Anjelm, which Edmerus fpeaks of^ and thofe Antient Cu-
ftoms of this Kingdom which Henry the 2d prcfled upon Becket, in the Ar-
tides pf Clarindon,that the Prelates ought to be prefent in the Kings Courts,
Which Pope Alexander, a notable Boutefeu of thofe times in the
Church of God, did tolerate though not approve of, as he apoftyles that
Article with his own hand, to be fhewed to this day in the M. S. extant in
the Vatican Library. And although I ftiall not deny, but the Popes did
pretend Scripture for this Inhibition (as they did for all things elfe) and
allude unto that place, 2Tim. 3.4. which they backed with tine of the Ca-
nons of the Apoftles (as they call them) the 7th in Number 3 yet is it clear
their main Authority is fetch'd from this obfcure Synod of Toledo j where
18 Bifhops only were convened under Bamba the Goth, who of a Plow-man
was made a King, and of a King a doiftredMonk, as you may feeintheHi-
' ftory of Rodericus Santiiis, par. 2. cap. 32. This is all the goodly ground,
that cither Gratian in his Decrees, or Innocentim the 3d in the Decretals,
or
^5)
or Roger Hoveden in his Hifiory, alledge againft the Ecdefiaftical Peers,'
and their fitting as Judges in Caufes of Blood 5 to wit this famous
Council of Toledo,
The firft that openly planted this Canon here in Englaftd, was Stephett
Langton, a Cardinal, the Popes Creature (as his Holynefs was pleafed to
ftilehim in his Bull J and thrufi: upon the See of CaTiterburj/ by a Papal
Proviiion, where he continued in Rebellion againfi: his Soveraign, as long
as King Johtt lived. This Arch-Bifhop under Colour of Ecdefiaftical Im-
munity (as this Canon is Marlhalled by Lindvpood') at Ofmy neer Oxford,
did Ordain, Ne qitk ClericHS beneficiatus, vet in fcrk ordinibus conUitntus',
that no Clergy-man having a Benefice or otherwile in Holy Orders, fhould
prefume to be prefent in that place, TJbi judicium finguinis traBatur, vd
Cxerceatiir. And this is the firft Canon Broached in this Kingdom, to this
Effed. That of Othobon being fubfequent in time, and a meer Forraign
or Legatine Conftitutioii. See it at large in Lyndwoods Conflitu^ lib. 3. at
the end pf the Book.
And by Vertue of a branch of this very Conftitutiori, the now Arch-
Biftiop 2 years fithence. Fined the Biftiop of GloceUer in the High Commifi
fion, becaule he had given way (in time of Peftilence only) that a Sefii-
ons (or Judgment oi" Blood) might be kept in a Sacred place, which
was likewife Inhibited in this Canon. But this admits of a Multitude of
Anfwers.
1. Qmd h£c Didio, Clericus, ex vi verbi, non comprehendit Epijcopum^
This word Clerk in the Canon Law, reacheth not to a Biftiop or a Peer
of the Realm, faith Lyndvpood in his third Book, cap. de Locatk d^€on-
dudk.
2. The Irregularity incurred by Judicature in Caufes of Blood, is only
Jure pofitivo, and therefore difpenfable by the Pope, faith Covarruvias in
Tlem. Si furiofus. Par. 2. §. 5. i. And here in England it is Difpenced
with in Biftiops by the King, who in his Writs or Summons to the Parlia-^
ment, Commands the Lords Spiritual, without any exception of Caufes of
-Blood, to joyninall Matters and Confultations whatfbever, with the Tern-
poral Peers of the Kingdom, thefe Summons being unto them a fufficient
Difpenfation fo to do.
And Othobon himfelf^ Inhibiting other Clerks to ufe thefe Secular Judica-
tures, hath a Salvo to preferve the Priviledges of our Lord the King,
whereby he may ufe any of their Services, in that kind, when be fhall fee
Caufe i in the Title called Ne Clerici jurifdidionem facularem exerceant. As
Lyndvpood in his Glofsupon that Text dothinftance, in the Clerks of the
Chancery^ and others. Nor are thefe Writs of the Bifhops Difpenfations
only, but Mandates alfo, and Bifhops have been Fined at the Kings-Bench,
and 'elfewhere, for Abfenting themfelves from Counfels in Parliament (as
■now they are required to do) without the. Kings fpecial leave and Licence
firft Obtained. .
. 3„ . When they are forbidden Interefe to be prefent, the meaning is, not
the very Canons themfelves) that they fhould go out of the Room,but
only that they fhould not be prefent, to add Authority^ Help, or Advice,
to any Sentence Pronounced againft a particular individual Perfon, in a
Caufe of Blood, or mutilation of Meml^rs. If he be prefent Authoriz^an-
do, conjllium, opem, vel operant dando, then he Contrafts an Irregularity,^
and not otherwife faith our Lyndmodout of Innocentius. And the Canon
C reachethf
•(0)
^reacheth no further, than tohim:that fhall jPronoiince Sentence of Death,
or mutilation upon a particular Perfon. Por Prelates that are of Coun-
cil with the King, in Parliament or otherwife, being demanded the Law
in.fuch, andfuch a Cafe Cwithout naming .any individual Perfon J may
Anfwer 5 ge^mraliterloquendo ^ asythat Treafon.is.to be punilhed with Death
and a Counterfeiter of the Kings Coyn is to be Burned, Cardinal Ho-
lib. 2kcap. de falf., monet. .Allowed by '^ohn Mofitague.^de QoUatione
P^irliamentoruminTra&at. Do3o. vfil. 10. pag. 121.
Thefe Canons are not in Force inEvglatid to bind the Subjefts of this
Kingdom, for .feveral reafons.
I. Becaufe they are againft his Majefties Prerogative, as you may fee it
clearly in the Articles of Clarindon^ and the Writ of Summons 5 and there-
ibreabolifhed by the Statute of 2 5° of the It is his Majefties
Prerogative declared at Clarindon, that all (iich Ecclefiaftical Peers, as hold
of Jiim by Barony, fhould Affift in the Kings Judicatures, until the very
aftual pronouncing of a Sentence of Blood. And this holdeth all along
4fom Henrj/ the firft, down to the latter end of Qnoen Elizabeth., whoim-
ployed Arch-Bifhop Whitguift as a Commiflioner upon the Life -of a Per-
fbnage, not to be .named without iHorror ^ and as the firft keeper and ex-
aminer, of Robert the moft Noble Earl of Ejfex, after that Commotion in
London. And to fay, that-this Canon is Confirmed by Common Law in
this Kingdom, is a meerXale, there being nothing in all the Common
Law.thgt tends that way.
.2.. Jt hath been Voted in the Houfe of Commons this very Seftions of
Parliament, that no Canons fithence.the Conqueft, either Introduced from
Rome, by Legatine Power, or made in our Synods, never had,in any Age,
iior yet have at-this ilnftant,-any Power to bind the Sub.je.6:5 of thtsiKealm,
'Unleft.they be Confirmed by Aa of Parliament. Now .thefe Canons which
Xnhihit the prdfence of Church-.men, in Caufes that concern Life and
•Member, were never Confirmed'by any, but feem to be Impeached by di-
'y-erfe,-:and iimdxy Ads of Parliament.
-rr g. PhefwhoJoHoufe of Peersihave this very Selfiondefpifed, and let a-
fide .this Canon Law, which fome of the yonng Lords cry up again, in
the fame Seffion, and in the very fameCaufe, to take away the Votes of
the Bifho.ps, in the Cafe of tlie Earl of Spraffbrd. for by the feme Canon-
that '.forbidsClergy-men to Sentence;: they of that Coat are more
ftridtly Jnhibited, to give XelHmony in Gaufes of Blood. Neeetiampo-
xielTabelUo, in Cauja Sanguinis, faith my Lyndmood, foL 14^,
Porno man CO-Qperatesr more to a Sentence of Death,than the Wit-
nefey upon whpfe atteftation the Sentenceis. principally Founded, feithjL^
pfZy in bis RraidicaCriminalk^a. Cap. 98. Dill. 21. And yethave thefe Lprds
admitted as Witnefcs, .produced by the Commons againft the Earl of
fihi, .the Arckfiilhops of and Ar^che, together with the-'Bk
ftiopof London, the which Lords now Command all Bilhops to withdraw,
in the Agitation of the fefKfemeCaufe.^ Bifhops-it feems may be Witnef
fes.to killoutr^ht, but may not fit in the Difeuflion . of the Cau&,;t^
help t (in Cafe of lunocency) In diftreflfed I^^oble man, whereas .the very
Qoifnjb Bifbopsi(iwho firft invented this «exclufion of ■'Prelates feomfeidh
Judicatures) T allow diem to Vote, as long as there is any hope Lefit -of
elearihg the party, .or gaining .of Pardon, Cancil. Tolet. 4. ca?L^i. An'd
by tlfeb^innhig of th^>Caricm,:- ohfeitve-.the ufe "m.Spain in tliat Age
^Amo Doffi.6^^) as touching this Doftrine. S^epe Prind^es co»fra
Iibet Majejiatfs obnoxios.yfacerdotibus negotia fiia coKimittHnt. You ihall find
it in the fourth Tome of Bh/iuir his laft Edition of the Councils, pag. 592.
LaftLy in the Cafe of Arch-Biflaop Abbots, all the great Civilians, and
Judges of this Kingdom, as Dr. Steward^ Sir Henrp Martin:^ the Lord
Chief Juftice Hubbard, and Judge Doderidge ('which two laft were well
verfd in the Canon Law) delivered pofitively, that all Irregularities intro-
duced by Canons upon Ecclefiaftical Perfbns concerning matters of Blood,
were taken away by the Reformation of the Church of England : And
were repugnant to the Statute of 25 of Henry 8. as reftraining the Kings
moft juft Prerogative, to imploy his own Subjects in fetch fundions, and
Offices, as his Predeceflbrs had done 5 and to allow them thofe Priviledges
and Recreations, as by the Laws and Cuftorhs of this Realm they had for-
meiiy enjoyed. Notwithftanding the Decrte, de Clerico venatore, or the
Conftitution, Ne Clerici facularem jurifdiHionem exerceant, or any other
in that kind.
The only Objediori, which appears upon any Learning or Record, a-
gainflc Church-mens Voting in this Kingdom in Caufes of Blood, are two,
or three Proteffations entred by the Bifhops amongft the Records of the
upper Houfe of Parliament, and fome few paflages in the Law-Books rela-,
ting thereunto. The Proteftation the Lords now principally ftood upon,^
is that of William Courtney Arch-Bifhdp of Canterbury, li" Ric, 2. infert-
ed in the Book of Priviledges, which Mr. Selden Collected for the Lords
of the upper Houfe. In the Margeri whereof^ that paflage out of Roger
Hoveden whereof we fpake before, about Clergy-mens agitation of Judg-
ments of Blood, is unluckily inferred, and for want of due Confiderati-
on >of this point, and fome fufpition of partial carriage in the Bifhops in
the Cafe of the Earl of Strafford, hath been eagerly prefled upori the Bi-
(hops, by fome of the Lords^ in fuch an unufeial, and unaccuftomed man-
ner 5 that if the Bifhop of iJncoln (who offered to fpeak unto this Ob-
jed:ion) had not voluntarily withdrawn himfelf, he, and the reft of the
Bifhops had been Cwithout hearing) Voted out of the Houfe, in the A-
gitation of a Splinter of that Caufe of the Earl of Strafford, which came
not neer any matter of Blood. An Ad never done before in that Ho-
nourable Houfe, and now Executed fuddenly, without the leaft Confide-
ration of the merit of the Caufe. The only words ihfifted upon in this
Proteifation in queftion, are thcfe, Becau/e in this prejent Parliament cer^
tain matters are agitated, whereat it is not Lawful for us, according to the
Prejcript of Holy Canons to be prejent. And by and by after , they fay,
Theje matters are fuch, in the which necpoffumus, nec debemus interefle,'
we neither can nor may be prejent.
This is the Proteftation moft ftood upon 5 for that of Arch-Bilhop A-
rundel, 21 Rich. 1. (at what time the Bimops going forth, left their Prox-
ies notwithftanding with the Lay Lords, and confequently continued pre-
fent in Judicature, in the eye and Conftrudion of the Law) it is not fo
full, and ample as this of Courtney's. And therefore I muft apply my An-
fwers to this Proteftation principally, which are diverfe and fit to be'
weighed and underftood.
Firft, I do obferve, that Bifhops never Protefted or Withdrew, in Cafes
of Blood, but under the unfteddy Reign of Richard the Second only 5
Never before, never after the time, of that unfortunate King, from the'
^onqaejff
(8)
Conqueft to this prefent Parliament, for ought appeareth in Record or
Hiftory. And that one Swallow ftiould make us fuch a Spring, and one
Omiffion fliould create a Law or Cuftome, againft fo many Anions of the
Prelates, under fo many Kings before, fo many Kings and Queens
after that young Prince, leems unto me a ftrange Doftrine. Eipecially
when I confider that by the Rules of the Civil and Canon Law, a Prote-
ftation dies with the Death of him that makes it ^ and is Regularly va-
cuated, and difannulled, Per cotitrarmm aUum Juhjeqmntem potefiationem^
by any one fubfequent Ad, varying from the tenour of the faid Prote-
ftation. Peg, juris. Jo. Baptiti. Nicolai. par. 2. Now that you may
know, how the Prelates carryed themfelves in this Point, and adually
voted in Caufcs of Treafon, and fometimes to Blood, htfore Richard the
2d. I refer me to what I cited before out of Mx.Seldefi (and he out of
Siephafddes^ concerning Thomas a Beekgt.^ Condemned by his Peers Eccle-
fiafticaland Temporal, about 15 of Henry the 2d. hxch-Yii^opi Stratford
acquitted of high Treafon in Parliament, by four Prelates, four Earlsy
and four Barons, under Edward the ^d. Antiquitates Britann7£,pag. 225.
Edward Roger de Mortimer^ Berisford, Travers^ and others, adjudged
Tray tors by the Earls, Barons and Peers, 16° Edward 3. Thomas de Berkley
was acquitted of Treafon, in pleno Parliamento^ 8ic. And efpecially I refer
iue to that Roll of 21 Rich. 2, n°. 10. 50. Which avers that Judgments
and Ordinances, in the time of that Kings Progenitors, had been avoided
by the abfence of the Clergy, which makes the Commons thereto pray,
that the Prelates would make a Procurator, by whom they might in all
Judgments of Blood, be at the leaft legally, if they durft not be bodily
prefent in fuch Judgments. And then for the practice fithence the Reign
of Rich, the 2d. In the firft of Henry the 4t/>, the Commons thank the
Lords Spiritual and Temporal for their good and rightful Judgment in
freeing the Earl of Northumberland from Treafon. 3 of Henry the ^th. the
Commons pray a Confirmation of the Judgment, given upon the Earl of
Cambridge., by the Lords Spiritual and Temporal. 5 of Henry the 5^/6,
Sir John OldcaBle is Attainted of Treafon and Herefie, by the Lords Spi-
ritual and Temporal. 28 of Henry the 6th. the Duke of Suffolk^charg-
cd with Treafon, before the Lords Spiritual and Temporal, 31 Hef/ry the
6th. the Earl of Devon ^ and fo down to the Earl of BriBols Cafo^
wherein 22° Maij. 1626. ten Bifhops are joyned, with ten Earls, and ten
Barons, in the difquifition and agitation of that fuppofed Treafon. I leave
it therefore to the Judgment of any indifferent man, whether thefe Prote-
ftations made all under one Kings Reign, and dying with the Parties
that made them, can void a Right and Cuftom, grounded by a continual
Pradice to the contrary, in all other Tryals that have been fithence the
Conqueft, to this prefent Parliament.
Secondly, it is fitting we know, the Nature of a Prpteftation, which
fome peradventure may miftake, Prote[fatio eff animi nojlri declaration ju-
ris acquirendin vet conjervandin vel damnum depellendi cauja faUa^ faith Spi~
geliusn Calvin, and all the Civilians. No Proteftation is made by any man
(in his Wits) to deftroy his own Right ( and much left another mans)
but to acquire or preferve fome Right, or to avoid and put off fome
Wrong, that was like to happen to the party or Parties that make the
Proteftation. As here in Courtneys Proteftation, the Prelates in the firft
place, conceive a Right and Power they had, voluntarily to abfent them-
felves,
^9;
felv^s whilft (bme matters were treated of, at that time in that Hoiife of'
I>ords 5 which by the Canon Law (the breach whereof the Popes of
did in thofe times vindicate with far more feverity, than they did the
tranfgrefiions of the Laws of God) they were not permitted to be pre-
ftnt at, and all this, not for want of Right to be there in all Caufes, but
fbrhonefty, and prelervation of their Eilates, as it is in the Aft of Par-
liament, 11 Rich. 2.
In the fecond place th<^ did preferve their former Right as Peers, which
they ftill had, fthough voluntarily abfenting of themlelves) More folito
interejjendi^ cOf^dera/rdi-itra&aKdi^ ordiJi^ifidi dejinicfidi, all things with-
out exception, Afted and Executed in that Parliament.
And in the Laft place, they proteft, againft any lofs of Right, of being
or Voting in Parliament, that could befal them, for this voluntary ablent-
ing of themlelves at this time.
And where, in this Proteftation, is there one word to prejudice their
Succeflbrs, or to authorize any Peer, to Command his fellow Peer, called
thither by more Antient prefcription of time, and by the fame Writs of
Summons, that himfelf is, to withdraw and go out from this Common
Council of the Kingdom? •
Thirdly, we do not certainly know, what thefe matters were, whereat
Arch-Bilhop Courtney conceived the Prelates neither could, nor ought to
be prefent. Thefe matters are left in loole, and general words i 1 that
Proteftation. Some conceive indeed, it was at the Condemnation oCTrep
Brambre^ the Lord Beauchamp and others. See Antiquit. Brit.pag,
^"286.' But the notes of Priviledges belonging to the Lords (collefted by
' Mr. Selden) do with more reafon a great deal, affign this going forth of
the Prelates, to be occafioned, by certain Appeals of Treafon, advanced
in that Parliament, by the Duke of GloceUer., againft Alexander Arch-^^-
ftiop of Tork^ 5 whom the Popilh Canons of thofe times (as you know)
exempted, as a Sacred Perlbn,from the cognifance of King or Parliament 5
and therefore the reft - of the Biftiops as the Iquares went then, neither
could, nor ought to be prefent, and parties, to break upon the Exempti-
ons. Immunities, and Priviledges of that great Prelate. But the Earl of
Straford is not the Arch-Bilhop, but the Prefidentof Tork^-^ and tochal-
ienge any fuch Exemptions, and Immunities from the cognifance of the
King or Parliament, amounts at this time to little lels than Treafon, and
therefore is the Proteftation very unfeafonably urged, to thruft out any
Proteftant Prelate from Voting in Parliament.
Laftly, a Proteftation in the Civil or Canon Law (for the Law of thisf
Land knoweth it not) is but a Teftation or Witneliing before-hand of a
mans own mind or Opinion, whereby .we that Proteft, provide to five,
and preferve our own Right for the time to come. It concludes ijo man
belides our felves, no Stranger to this Aft, no Heir, no Succeflbr, but (if
it be admitted) fticks, as inherent in the Singular, and individual Perfon,
until either the Party dies,or the Proteftation be withdrawn, and revoked.
And therefore what is a Proteftation made by William Courtney^ to WiUi--
am Laudj or by Thomas Arundel^ to bind BhomiK Morton ? And what
one Rule in the Common Law of the Land, in the journal Book, or in
the Records of the Tower, can be produced to exclude the Lords Spiri-
tual from fitting and Voting in Caules of Blood ? They were fometimes
(by the great favour of the King, the Lords, and tlte Commons, not o-
D therwifo)
(lo)
therwifc) permitted to abfent themfelves, never, before this time, Com-
manded by the Lay-Lords, to forbear their Votes, in any Cauie vvhatfo-
ever, that was agitated in Parliament. So our Law-Books fiy, that the
Prelates by the Canon Law may make a Procurator in Parliament when
a Peer is to be Tryed, which is enough to Ihew their Right thereunto,
10 Edrvard the 4//>, fil. 6. B. placit. 17. And that, it is only the Canon-
Law, that inhibits them to Vote in Sanguinary Caufes. Stamford .
the Crown, fol. 59. The Canon Law, faith Sftimford, in a diftinft and
feparated Notion 5 and therefore not grown in his Age, to any fuch U-
fance or Cuftom, as made it Common Law, or the Law of this
Land.
ObjeBiof?. But the Bithop of Lincoln (and Bifhop Andrews before him)
did alwayes forbear to Vote in Caufes of Blood, and did voluntarily retire
cut of the Houfe, when this Caufe of the Earl of Strajford c2xsiq to any
ferious Agitation. Neither putting this withdrawing of the Prelates to
any Vote, nor offering to enter any Proteftation.
Anficer\ That Bifhop had no opportunity to enter Proteftations, which
you ftiall never find to have been offered by the Prelates, but in Plein
Parliaments, when the three Bodies are together. And his voluntary
withdrawing of himfelf, he may live to Repent him of^ if he fhall here-
after be queftioned for the fame, at the Kings-Bench or elfewhere. He was
called thither by his Writ (which he did not fo eafily Obtain^ to fit, and
not to withdraw himfelf from Parliament, when he pleafed. Befides his
extraordinary Obligations to the Lords, at this time whom he could not
ofiend without great fufpicion of high Ingratitude. He is the £rft Pre-
late that ever was fetched out of the Tower, and brought to fit in Parli-
ament by the Black-Rod. And therefore we are not fo much to confi-
that Prelates Opinions, or Aftions in this kind 5 as the reafons he
gave for the fame, which (as I have heard them Rehearfed J are, to fpeak
modeftly of them, no Demonftrations. His firft and main Reafon, was
that of the Record and Statute of 11 Rich, the 2d. That it is the Hone-
fty of that Calling, not to intermeddle in matters of Blood. The French
word HoneUete^ fignifies decency and Comlinefs 5 as though it were a But-
cherly and loatlifbme matter to be a Judge, or to do Right upon a Male-
- faftor, to Death or lofs of Members. But this is an Imaginary decency,
never known in Nature or Scripture, (as I faid before) but begotten by
Ignorance in the dark Fog and Mifts of Popery. Such an Honefty of the
Clergy it was, to have a Shaven Crown, to depend upon their Holy Fa-
ther the Pope, to Plead Exemptions, and to refufe to Anfwerfor Felo-
nies, in the Kings Courts, d^c. All thefe Particulars were efteemed in thofe
dayes,the Honejiete of the Clergy, and fuch an Honefty it was in the Pre-
lates of England in the loofe Reign of Rich, the 2d. to abfent themfelves
when they lifted, from this Affembly of the Eftate, contrary to the Kings
Commands in the Writs of Summons, and to the duties of their places, as
Peers of Parliament. Howbeit they fhewed more Courtefie (or more
Wit at the leaft) than our prefent Prelates 5 for they never offered to re-
tire themfelves in thofe dayes, before their Proteftation was benignly re-
ccived, and fuffered to beentred upon the Parliament RoU, by the King,
and the Lords, and the Houfe of Commons. The Second Reafon of this
Prelate, is of the fame Nature, and built upon a Medium of Sands which
is foon undermined and wafhed away. That although .he doubted not of
the
,00 , - -.. ,, . ,
the Legality or Comlinefs, of an Ecclefiaftical Peer of the Kingdom of
England^ to Vote in a Judgment of Blood (as they do continually in the
palling of all Appeals and Attainders in Parliament) yet becaufe it is not
the praftice of Prelates in other parts of the Chriftian World fo to do, he
thought it better to avoid Scandal and the talk of other Nations. That
there being in the High Courts of Parliament and Star-Chamber, Judge?
enough belides the Prelates, they might without any prejudice to King or
Countrey, forbear Voting in thefe Judicatures. Somewhat the rather, be-
caufo all our Bilhops in England are Divines, and Preachers of the Gofpel,
and confequently, of mercy gather than of Judgment. Who never touch
uponthefharpneisof the Law, unlels it be to prepare mens hearts to receive
the Comfort of the Gofpel.
But this Prelate cannot but know, that thefo Canons that Oppofc the
Rings Prerogative, are taken away in the Kingdom of England by the
Statute of 25 Henry which they are not elfewhere. And thisBi-
Ihop (if he have not forgot it) was taught all this in the Cafe of Irre-
gularity purfued againfl: Arch-Bilhop Abbots, when this Bilhop fearing
the Cenfure of the Sorhonilis in Earis^ refufed to be Confecrated by Ab-
bats 5 unlels he the faid Abbots would procure himfelf ablblved from that
Irregularity, which he had Contrafted, in killing a man by Chance-medly,
which he was enforced at the laft to do,'this other Prelate (being then in
his riling and warm Blood, and liking better of many good Benefices,'
than of one mean Bilhoprick) refufing ftiffiy tobe made Bifhop of Lincoln
tipon any other Condition.
For IBifl?ops tfiikhig of Procurators in
Caufes of fBlood,
T T doth not appear that Bilhops ever made Proteftations, or withdrew
I in Cafes of this Nature, before the nth, nor after the 2ii? of Rich;
the 2d.
And yet the Attainders in the lith year, are afterwards ratified by the,
Confent of the Lords Spiritual, 11 Rich. 2. as you fee by their Ad of
confent, Rott. II Rich. 2. n°. 38. And the Printed Statutes.
And in his twenty firft year they made Procurators, firft, Thomas Percy
in Writing, 21 Rich. 2. n°. 9. where you have his Proxie fet down iii
Latine 5 and then Scrop Earl of Worcejier, by word of mouth. As the
RoR is 21 Rich. 2. n''. 50. where Scrop gives Sentence in the likeCau-
fcs by vertue of that Procuration as the Rol/ laith.
And that this Proxie of the Prelates was not left with a Lay-man, for
the dilpatch of other Civil Caufes only, but for Judgments of Blood alio,
it is appealed to all Hiftories and Law-Books, that have been Written
from that time to this prefent day.
Thomas of Walfingham Lived under Henry the 6th, and he faith, tli^t it
wasexadedof the Prelates (fork was not their own feeking,) as you may
fee upon the Rol/s, that becaufe they could not be prefent in Judgments .
of Blood, their Procurator (upon the like occalion) might affent unto liicb
a Bufinels, Waljing. in Rich.2. pag.^'^/^; So likewifein his Hypodigma Nek-'
Sfria, pag. 550.
jLittk-
% f
W
(la)
Littleton hived under Edrvard the and he prononncetb forhimfelf^
and all his fellow Judges, That the Lords Spiritual who cannot conlent
to the Death of a man, (hall make a Procurator in the Parliament, before
the Steward is to proceed to gather Votes, &c. The Year-Book, lo Ed.
the /\th,n°.ij.
St^n/ford Lived under Henry the 8t\Edrvardthe Sth, Queen Marj. And
hefiith clearly, That when a Peer is Indifted of Yreafon, or Felonie in
Parliament, the Lords Spiritual (liall make a Procurator Tor them. ^tan/.
Pleas of the Crown, AAg. pag. 153.
Mr. John Selden Lives (till, than whom (peradventure) there Lived not
an abler Lawyer in both the Laws, from the iiji of liichard the 2^/, to
this day. And he (aith that the Clergy by reafon of the Canon Laws (not
the Common Laws) abfented themfelves fometimes from fuch Judgments,
and committed their whole Intereft for the time to a Lay-Proxie. Tit. of
Honour 2d part pag. 704.
Laftly, for the Canon-Law in this point, it is not only dilpenied withal
by the Kings Summons to his Prelates, but by the Lords themfelves in this
very Caufe of the Earl of Strafford, by their examining of the two Arch-
Bifliops, and a Bifhop for Witneifes in the faid Caufe 5 which is no le(s
forbidden in the Canon Law, than to Judge in Cauies of Blood, Lynd-
wood. Fol. 1^6. pag. 2.
When the effeft of this Paper was opened, and the Records, and all
the Books produced by theBilhop of Lincoln^ who had been in the Tower
to fearch the faid Records, the Lords declared and ordered, that they
would u(e no Proxies of their own in this Tryal , with a Salvo of their
Right againh: any other time. And thereupon the faid Bifhop (finding
the Inclination of the Houfe, and Timidity of his Brethren J offered the
like Declaration, with the like Salvo., in point of Right, for the Lords the
Bilhops, which was accepted of^ and entered into the Book , the Bilhop
of Lincoln didating the (ame.
y
The
(i3)
THE
Bifhop of Lincoln'-s
ARGUMENTS,
That Billiops ought not to Vote in Parliament,
With the Anlwers thereunto.
Arg. I. ^ ^ Ecauje it is a Very great hindrance to the Exercife
of their Minyierial FunBion.
B
Jnft^er, i. It is not fb much hindta.nce , as their convene-
ang in General Councils, Synods, Convocations, Aflemblies,
Clafles, and the like in all the Churches Reformed or other-
wife.
2. It is propter majm honum Ecclejice,
3. The Apoftles unneceflarily put themfelves to more hin=9
Frances, to work for their livelyhoodj JBs 20. 24. 1 Bhef^
2. p. 2 Thef. 3.8.
Arg. II. 'Becaufe they do and undertake at their Ordination^
when they enter into Holy Orders, that they tvill give themfehes whoU
ly to that. Vocation.
Jnfiver, i. This Vow and undertaking in Minifters Or-
dination is quite miftaken 5 the words are in the Bifhops ex-
hortation, not in the Minifters Anfwer.
2. The Bifliop hopes they will give themfelves wholly to
that, and not to any other Trade or Vocation.
3. Wholly, in a Moral, and not in a Mathematical fenfe
that will admit of no Latitude.
Arg. III. becaufe Councils and Canons in feyeral .Ages do forbid
them to meddle in Secular Affairs.
Anfwer. i. Councils and Canons againft Bifhops Votes in
Parliament were never in ufe in this Kingdom, and therefore
E they
(h)
they are abolifhed by the Statute of 25 Henry the ^th,
2. So are they by the farne Statute, becaufe the Lords
have declared,That the Bifliops Vote here by the Laws and Sta=
tnte of this Realm ; And all Canons that Crofs with rhefe
are there abolifhed.
3. So are they by the fame Statute, as thwarting the Kings
Prerogative,to call Bifhops by Summons to Vote in Parliament.
4. So are they by the Vote in the Houfe of Commons, 21
Maij. 1^41, Becaule they are not Confirmed by Adt of Par-
Lament.
5. This Argument was defertedby Mr. Terpo'mtj and con-
to he hut 2LnHr^mentum ad ho?ninem. , .
Arg. nil. 'Becaufe the twenty four Bi[Jwps haye a depejidancy up^
on the Jrch-BifhopSj and becaufe of their Oath of Canmical obedience
to them.
Anfwer. 1. They have no dependancy upon the Arch=Bi-
(hops, but in points of Appeal and Vifitation only, and owe
them no Obedience but in thefe two points j None at all in
Parliament, where they are Bares^ they are equals, and as
BraSion tels us. Bar in Barem non habet imperium. What hath Ca=»
nonical Obedience to do with a Vote in Parliament, declared
in this Bill to be no Ecclefiaftical but a Secular Affair ?
2. This Argument reacheth not the two Arch-Bifhops, dif-
charged in the Rubrick from this Oath,and therefore is no Rea-
fbn for the palling of this Bill.
Arg. V. Becaufe they are but for their Liyes, and therefore are mt
ft to haye Le^iflatiye Bonder oyer the Honours,Inheritances, Berfons
and Liberties of others.
Jnf I. Bifhops are not for their Lives only, but for their
Succeffors alio, in their Land and Honour : As the Earls and
Barons alfo are for their Succeffors in their Lands and Honours,
and holding their Lands in Fee^Simple, may with as good rea-
fon Vote in the Honour, Inheritance, Perfons and Liberties of
others, as others may and do in theirs.
2. Many Peers have been Created for their Lives only, and
the Earl of Surrey for the Life of his Father, who yet Voted
in this Houfe.
3. The Knights Citizens and Burgeffes are cholen for one
Parliament only, and yet ufe their Legiflative Power, nor will
their being Elected difference their Cafe; for the Lords uie
that Power in a greater eminency, who are not Elected.
4. A
(i5)
4. A Burgefs that hath a free^hold but for term of Life only,
may Vote andaflent to a Law in Parliament.
5. No luch exception ever heard of in the Diets of German-
ny, the Cortefes of Spain^ or the three Eftaces in France^ where
the Prelates Vote in all theie points with the Nobility and the
Commons.
Arg. VI. 'Becaufe cf 'Bip?ops dependancy and expeElancy of
Jlations to places of greater profit.
Anfw. I. This Argument fuppofeth all Kings and all Bi-
fhops to be very faulty, if they take the time of their Votes in
Parliament from thefe dependancies and expedlancies.
1. This may befaid of all the Kings great Officers, of all
the Noble Members of both Houles, who may be conceived aS
well as Bifliops to have their Expectancies, and confequently to
be deprived by this Reafon of Voting in Parliament.
3. This Argument reacheth not at the two Arch-Bifliops^
and fo falls fhort of the Votes which are to be taken away by
this Bill.
Arg. VIE That federal 'Bifl?ops haye of late imich ejicroachedup-
on the Confciences and properties of the SuhjeFts, and they and their
Succejfors ivill he much encouraged ftill to encroach, and the SuhjeFis
will he much difcouraved from Qomplaining againft fuch encroachnents,
if 26 of that Order he to he Judges upon thefe Complaints. The
fame ^afon extends to their Legijlatiye Tower in a7iy Till, to pafs
for the regulation of their Tower, upon any emergent inconVeniency
hy it.
Jnfw. I. This Argument fights not againft Bilhops Votes in
Parliament, but againll their Votes in Convocation, where (if
any where) they have encroached upon the Consciences and
Properties of the SubjeCl. Nor yet at the Votes of fuch Bi-
fhops there as are not guilty of this Offence. Nor need the
Subject to be difcouraged in Complainingagainft the like Grie-
vance,though 26 of that Order continue Judges; for they fhall
not Yote as Judges in their own Caufe, when they are Legal-
ly Charged : And if they Ihould Vot^, what were that to the
purpofe, when the Lay-Peers are ftill four to one? The Bifliops
(Affifted with a double Number ofMitred Abbots and Priors)
could not hinder the Laws made againft the Court of T^ome, the
Alien Cardinals and Prelates, the Provifors, the Suiters to the
Popes Confiftory under Tdib. id,Tjch. id, and Hen. ^th, Much.
more may thofe emergent exhorbitances of the Ecclefiaftical
Jurif-
(l^)
Jurirdi(5tion be foon curbed and redrelTed in this inequality of
Votes between the Temporal and Spiritual Lords. So as this
Argument doth not fo much hurt the Votes^as it quails the Cou-
rage of theBifhops,whomay juftly fear, by this and by the next
Argument, that the taking away of their Votes is but a kind of
forerunner to the abolifhing of their Jurifdidiion.
'Becaufe the whole ISlumher of them is interejfed to
malmain the JurifdiElion of d^tJhopSy which hath been found jo
grievous to the three Ifingdojns, that Scotland hath utterly abo=
' lifhed it^ and Multitudes in England and Ireland have Petitioned
agahift it,
Jnjhv. I. This Argument is not againft the Vote of Bifhops,
but againft Epiftopacy it felf, which muft be removed becaufe
Scotland hath done fo, and fome in England and Ireland would
have it fo, and yet peradventure ten times as great a Number as '
thefe defire the contrary.
2. There will be found Peers enough in the Upper-Houfe,
to reform any thing that is amifs in the Ecclefiaftical Jurifdi^
iSlion, although the twenty fix Prelates fliould be fo wicked as
tooppofeit; as there were found Peers enough in that Noble
Houfe to curb the Court of P^me^ and the Revenues of the
Cardinals under AJh?. 3d, to meet with the Provifors under
Pjc. idy to put all the Clergy into a Praemunire under Hen. 8,
and to Reform the Religion i® Eli;^heth, notwithftanding the
Oppofitionof all the Bifhops.
Arg. IX. Pecaufe the Pifjops being Lords of Parliament, it fet-
teth too great a diftance between them and the rejl of their Prethren
in the Minijlry which occajioneth pride in them, difcontent in others,
ayid-difquiet in the Qmrch.
Jnfiv. This is an Argument frpm Moral Philofbphy which
affords no Demorfftrations. All are not proud that vote in
Parliament, nor difcontenred that are not lb imployed. This
Argument fights only againft their title of being Lords, which
is not the Queftion at this time.
FINIS
t w d
BOOKS
In ofthe/^
B I S H OP S
VOTING
3n Capital Cafes m ^atliamentJ
the first entituled,
The HO 3\(^ V^S oj-the Lords Spiritual
ASSERTED,
the other,
The %tQHTS of thefiii^no^sto fudge in Capital Cafes
in Tarliament^ Cleared^
Being a Full Anfwer to T»o ®eo;(x Lately Publilhed -
The Firft intituled, A Letter from a Gentleman to hts
Friend, Sec. The other, A Dilcourfe of the Peetage
and Junsdiaion of the Lords Spiritual in Parliament •
Sndeamuring to P)esp the Qontrary, *
i
The Second Edition, with Additions.
LO^'DOI^;
Printed by Tho, ^raddyll^ for %phert Clavely at the Teacocf^
in St. Tauh Church-Yard, M D C LX]^ ' '
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t O T H E
READER,
TlS not unl^6i»n to ahy in our Englirti Ifrael, that there are jet
here amongfl us fome %emainder^ oftheMen of \i.and that the
T)ifeafe it felf jlick^ ds clofeto Them^ andfarticuldrly tofime
eminent Tarts of the d^ationythere they sh^l^ and for the present
Itherethey maf{€ their gefor in the Countries they are more eajtly
difcovered^ as the Leprofie did under the Law to the very Wills of
the Houfe ; and it feems to be as hardly removed di that Leviticai
T)iflemperyWhtch jome Ufa.turalijls and Thyfitians fay cannot be
done hut only by Tlood^ and that is the thing which their fingers itch
to be at again, Witnefs their late Rebellious Commotions in Scotland,
which had they taken there would not have been wanting
thcfe who would have juftfied them: t fp^ak^ what 1 know,
and have heard^ did excufe them^as a poor TeOple Opprefl ^ and You
know Oppreflion makes a Wife man Mad, especially at this time
of the year, the Seafoii being a little Hot. I mujl conjefs I am no
fir anger to the Men or their Ways, having been for many Years
lafi pajl, a firiB Obferver of them^ though T thankfjod I have aL
ways, and do Jlill from my Heart, Abhor andT>eteU any Confar^
re at ion with them, or any the leafi Approbation of their ABings or
Principles ^ for I have difcoVeredfo much of ill $fature, CenforL
oufnefs, CoVetuoufnefs, Selfjeekjng, and want of Charity in this
fort of Men, that it did always give me a great fufpition that
their Cafe was Evf efpecially refieBing upon the Means which they
madeufeof to carry on their pretended Reformation, (viz*) The
throwing down of Epifcopacy, a (government of Gods Chutch^ as
Antient in this Cfation as Chrijlianity it felf ^ the takeing away^
and Abolifhing the bejl of Liturgies either Ancient or Modern, a
jifiified taking up of Arms againjl their Jfative Soveraign^ tbe
Lords Annointed, to whom, and towhofe Ancefiors they and their
Forefathers had Sworn Allegiance: the Plundering and f)eve/{ing
of the Rings mojl faithfull Subjejls of their ^oods, Sjlates and
To the Reader. ^ '
for their dutiful adherence tQ.th,e hejl of ^ flings ytho ever ralgnd iri
this our Ife. Andlajllj the emhrnvthg their Violent^ Rebellious^ and
JVicl{ecl hands in His mojl SgfiraJ.'Blood^ a courfjvhich the .Moral
Heathen VPOuldRluJi io ta^^ hfave hii\Countrt^eady to he Lojland
% inedi and .yet thef'e me)fH^A^ad€aufe topnet^nd Cofifcience and
Religionys>hich heretofore Conquered the Heathen WorldAot by ref^
f ing fyough thp> ys^ere able^hnd vpanted 'not Chfpmhers to do but by
^f^eftSdffWings '^for thefe Men ifdj^^'t^pretend ConJcienctHnd^tlV
^gim,^ C^ment'Melicerta Pefifle-^i\](inem deVebiis.T^^^ are the
^A^l'^'ltonfefs}\Ht-a^^ thefallowing A)ifcourfe u'aim'd: For I
in the Foyoer or Wit of thefe'} though
\doef'gI^dly\iPOulddnd do flatter themfehes perhaps ih thisjh'eWFoUy
'ihafth^ nVdyheahletqC^^ Ferjons of Loyal Heart thr Frin^
ciples]Ao tUko part or'-appear againf theFijhops in-theprefent
^Conlroverjie : believe it^ you fmell tod frong^ and
yiou are too i^eltfypnn, and l ean never believe the contraryytill \
■feydu perfvade'Hhem toyarry in once more their F late to Gm\A^
Hall, for the Carrying on %our Unholy Caufe - or to Jhut up their
'ShopSy as you k^osipyt ho did heretofore jdnd go mth you to ^eleive
' Glocefter. Atqui pafvas fpes habet Troja fi tales habet.
^ _ a. ' ^
And fo I Refer the Reader to the Perufal of the Book.
- i" ^— -1
r . \ I II
. »
f J
\
THE
^SSE^TED:
f f -
And 'P<KlVlLEt>GES of the
Tl^e Honour of the Triejlhood affertcd hj the Lalp of Nature and LeVitkal Law the l7nmu*
muyiities thereof under Trnmti'Ve Chriftianity. The returns of Gratitude to Gt>d for the
^lesfji^s and Labours of the Mmifters thereof in the formation of th Church, in'the
lafi and frefent Age wherein we Life ^ together with fome clofe ^fleClions thereupon.
I
Eligiori a thing fo Excellent, (that to be carelefs in it, or negle^^ful
R ® ^ accounted a great dibeputation and. fliame to any Party or
Peffon) hath ever had fince there were ProfelTors of it, and that is
R there have been naen in the Wprjd , a felecffc nutnber of
Perfbns, who have been the biiinifters of, it.' Thele men dureing
the firft timb, and tlie Adminiflration of the Law of Nature, were the Firft
Born,and they both' Princes and Prieils too ^ fo that the Adminiftration of Juftice,
and the Performance of Religious Worfhip \ye find then to have been linked
together in one and the lame Perfori, Jdam, Seth, Enoch,3,nd Noah, and other the
JntediluVian Patriarchs were in then Order and Succeflion both Kings and Priefts
alfo; as any perfon may be fatisfied, if he will perufe thofe Writers of the ^ewiff
Antiquities Ehilo and ]ofephus: Afterwards, when the Law was given by pofitive
Precepts to the Sons of men, one of the Twelve Tribes that of LeVt had
B the
tlie Priefthood annexed to together with other great Immunities, Honours and
Priviledges,and in the divifion of thoLand of Qaman (if Mr.SeUens Authority may
(way any, ^ev. Hifi.Ttths, c.i.) they of LeVt had near three times the Annual Re^
venue of the largcll among them,they had their Places and Voices in their
\ drim and Councilsryea and Cognizance of Capital Caufes alfo,as we may find largc=
;ly proved by the Learned Spdman in his Hiftory of Sacriledge^What fenfe the very
j Heathens themfelves had of the Honours of their Priefthood, it would be very
' tedious to relate. The Priefthood was not efteemed any fhameto him that bore
I the Scepter and wore the Crown. In as Sr. Marjham in his Cronk.
Canon, Well obferves thofe Ancient Kings after the Flood TiMh, or Mer^
M. Sec. I. c^^ylJf^npoj'Qythrus, or JEfculapiuSy Suphis the Builder of the greateft of the
Pyramids were Kings and Divines too. See him at large, c. ad Sec. 4.
"Hay in the firft Ages of the World, the Legiflative and Executive
power went along with the Priefthood, Mekhi:^deek, Jbraham, and ]acob after the
Flood^ as well as the Antediluvian Patriarchs were as well Executors as makers of
Laws. Let us perufe the Holy Records, and we find T^aVid a King and a Pro-
phet, his Son Solomon the wifeft of mortal men, ftileing himfelf by the name of
the preacher and valuing himfelf more upon that name, then upon the fcore of
his other Royal Titles ^ and in the fullnefs of time Jefus Chrift himielf the
of iQn^s, the Eternal Son of God and Original of all Tower thought it not below him
telling us exprefly Luke 4. i S. That he was lent into the World on no other end
than to Treach the Gofpel. True it is, his Kingdom was not of this World, and he
never went about to dipofleft either the T^man or ]ewijh Governours in ]udda', nei-
ther did his Difciples ever go about to do any thing like it j yet when the Empire
became Chriftians, the Prudent Piety of the firft and rngft Chriftian Emperors
for the better Encouragement of Religion and Learning, conferred large Immu-
nities and Exemptions upon Church-men, freeing them from Subfidies, Impofi-
tions, and fundry fervices wherewith other of their Subje<5ls were burdened *
Eufebius and Zozornen, record feveral Priviledges granted by Con-
^Hfeb.tcc.Ht(i. 10. That thofe who Minifter in Holy Religion be wholly
e.j. I-C'. p. / ^ - 1 f 1 T-. 1 1 /- 1
free and exempt from all publick Burthens: And fome have
very well obferved, that during the continuance of the gift of Tongues, extraor-
dinary Learning, and other Miraculous effufions of Gods Holy Spirit upon the
primitive Church, there were no need of the Piety and Charity which fubfe-
quent Chriftian Emperors beftowed upon the Church, the Apoftles had no need
to ftudy for their Preaching, and therefore had leifure enough to filE and make
Tents for a livelihood, whereas ours are forced to pore upon Books, to Meditate,
Write, and all hardly fufficient to fearch out the deep Myfteries which coft Them
no Pains, the Spirit lupplying the place of all. Therefore to make amends for
all thefe extraordinary qualifications, and abundant meafure of Spiritual Graces
wherewith they were furnifhed above us, it hath pleafed the Lord of the Har-
veft in thefe latter days to raife up Chriftian Magiftrates to affift and encourage
his Labourers, and appoint them a more fetled and plentifull allowance yea and
honour alfo, and power together with it, for that Wifdom without thefe is com-
monly contemned. Wh^ ever was chofen a Magiftrate in our Neighbour State
of Holland, or here at home ? who had not Riches,and therefore Honour to fup-
port them, Wifdom in the efteem of the Vulgar is always thought to be accom-
panied with Riches and Power : So that the pretences of thofe men who for a
Cloak to their Innovations and Sacriledges, vainly vaunt that all things fhould
be brought back to the Primitive Purity, and the Clergy alfo to the Apoftles Pd-
verty, Teem to argue thus much that they arc no farther true Gofpel Minifters,
and the SucceOfors of the Apoftles than they are able to work Miracles, and that
they though not enabled to it by any Education rhay be required to work in any
of thofe Callings of which the Apoftles were, whofe Succeftbrs they pretend to
be^ We read in Lud. Vi\>es in his Commentary upon St. Aufi. de Ci^»tats X)ci,,Thac
thePrieftsof Ceres Quo other than the Mendicants amongft them of
were to renounce the World and Riches and Honour too ,* and therefore that on
the day of their Initiation they were to put on a Coat which they never left off
till fuch time as it was fo ragged that it would no longer hang to tlieir backs ^ cer-
tainly if Spiritual Perfons were left to fome mens allowance, this would be their
Portion from them to be clad with Poverty, Conconpr, and Rags, and their
Callings as well as their Neceffities would conftrain them to Fafi and Frayi I
know iome men (particularly Luther) amongft our Reformers have fleighted Ho-
nours, and that Portion due to their Callings,out of fincerC Principles and a good
meaning, who have yet lived to Repent their Error, though not able to redrels
it, when they have feen how much the Church has thereby iuffered, and Religion
been damnified, Witnefs Luther Epijl. p. 131. Ego per nieo Jitpendio anmo tantum
noyem antiqnas Sexagenas haheo, prAter has ne oholus quidem aut fratr'ihns e CiVttate
accedit. A great and noble reward for fiich matchlefs delerts, and if lb happy an
Inftrument of Europes Reformation, fo valiant a Champion, who fingly oppo-
fed the United Power of %pme and Hell, What may the Clergy of our days ex-
pe(5l ? To be devefted of their Revenues, Honours and Immunities, becauft
they are the Succelfors of their Forefadters theBifhops and Reformers in ^een
Marys days, fome of the Principal whereof were publickly Burnt as Martyrs for
that Religion which (God be thanked)maugre the Monftrous ingratitude of fome,
we yet through the Bleffing of God enjoy,by the Pains and Labours of their Wor-^
Jihy SUccefibrs.Who are the Perfons who have to theEternal Shame and Infamy of
^me laid open the Vilenefs, Wickedneft, and Immorality as well as the
falle Dodlrines^ Idolatries and Superftitions of that Church I Who are they who
have been the Watchmen upon the Wall, that have ever fince the Reformation
Beaten and Foiled them in their Aflaults upon our Church ? Was not the Walls
thereof Watered, and as it were Cemented with the Blood of Cranmer, Latimer^
^dleyy Hooper, and others; the Supeftrudlure raifed by Jewel, ^{eynolds and others, ~
Sed me rcpr'tmo. And yet no\V thole days through Mercy are over, Muft their
Succeftbrs ftill be \vounded by the hands of their pretended Friends, and re-
ceive filch hard meafure from their Pretended Well-wifhers ? This Jlrik.es to the
yery Hearts
Scilicet,
Hoc Ithacus yelit ■Cr maztio Mereentur JtridA^
o
CHAR
G H A p. II.
71?t Cierj^ under the Law and Gofiel alfo, haye m^aged in Secular Caufes, and the State yery
happy in this iheir Jdmimjiratwn in the Trhmtiye tmes of the Gojpel proyed from the Ex-
amples of St, Ambrofe, Auftine, i&c.
E all know it was a Political Maxim mentioned by ]ofeplm as derived
from }4ofeS^€st^!T<riin O r y^^vBicL^av yvcoim, L^hllo.
inyu.Mof. The King muft ever take the advice of the Prielt,
lEfs himfelf was a Prieft as well as a Ruler ^ and he appointed Priefts dureing
the AdminiftrationtobeOverfeersof all things, Judges of Controver-
fies, and Puniiliment of Malefaaors, ]ofeph. lib. i.'cont. Jpp. who law the pre-
cept reduced to pradice, tells us the thing in fad Was fd. Who hath not heard
t'latA/)' and Samuel the Lords Priefts were at the fime time Civil Judges in
Ifael. makes three Confiftories amongft the Jews, of all which the
Priefts were the Principal and Eftential Members : (i.) A Triumvirat in ■ every
City wherein many matters and lighter Trefpaftes was decided; thefe Grotius
calls fcdamos ]udkes. (a) The little Sanhedrim Confifl-ing of a 5, wherein Capital
Caufes were determined in the Gate of every City. (3.) The Council of State
or grand Senate of 70 Elders, which fome make to confift of 71, taking in
/Mothers in 7a. Six out of each Tribe, the High Prieft being commonly of
' the Number. Now that the Priefts and Levifw were part of this great
£xerc. 13. SanhedrM, Caufabon will bear me out; who makes it appear
out of their beft Authorsr^ quod hujus Concilit ea fuit infiitutio ut ft fieri posfi^
e Solts Leyitis ^ Sacerdotibus confiaret^ Ehat as neat as might be, the endeavour
was it might confift only of Priefts and Lewes; whence ]ofe^hus and fhih often-
times under the Title of Priefts underftand the Sanhedrim. Come we down to
T^ayid whofe Government was a Pattern to all his Succeirors,his Reign was peace-
able and flowrifbing ; nor did he want States-men of the luoft raifed abilities for
his employments: Yet did not this Wife, this Holy Prince think it inconfiftent
with the Sacred Fansftion (which yet St. Juftin t^lls us in fome refpeifts Ope=
rofiiM Urn flcrium than that of the Gofpel) to engage Leykes in his weightieft fecular
Charoes. For we find Hathaliah and his Brethren appointed Officers on this
fidcfordan, not only in the biifinefs of the Lord, but m the Seryke of the Ifing:
And jeriiah another in Holy Orders is made Plenipotentiary orRuler over the
henites, the Gadres, and the half Tribe of Uanajfah in every matter pertaining to
God,'tind in the a fairs of the Kfmglikewife, i a,"on. 26. 30, 32. Nor was he fin-
gular in it, but was Imitated by good frhofaphat who made the Priefts and the
Leyites Judges of all the Controverfies m Ifrael, not excluding matters of frlood^
2 Chrom 19.8,10. Now run over the Catalogue of all the Kings of Ifrael and
were any to be paralled with thefe ? I am fure that none went beyond thefe,none
whofe Government did more profper with Righteoufnefs, Juftice, and Tranqui-
lity. And though under the reft of the Kings we have no exprels mention of
the fame practice; yet all things confidered, we have more reafon to conclude it
held than the contrary, for we find ]ehoiada the Prieft chief Counfellour to ]oafl?^
-y Kuvr 11 And if we look into after times at the Babylonian Captivity, the
- . ' Priefts
X
c n
■n-
Priefts tommand all and poflefs the Scepter for fome Hundred of years, for the
Jjfmoman Race continued abfolute Princes till Tom^ejs Conqueft, fofefh. i 13 • c.
p. We may further add that many Civil Caufes are by name leferv d to the Levi^
•Ctd Cognizance, as the Inquifition for Murther, falle Witnefs, Deiu. 21.
And yet after ail, the Preachers of the Goipel do not hence draw argivrrlents th5.t
they are chiefly and folely to be intrufted with thefe great and Important Minille-
ries, but I do on their behalf aveiT, and will be ready to prove and mainfairi-,
That a fit allowance being made to the difference of Times and Perfons; the
model prefcribed by God himfelf under this LcVitical Adminiflration may iafely be
followed now in fome things, and thofe no CircUmftantials alfo.
But leaving Mojes, let us come to Chrift, and fee how matters flood under the
Gofpel, here though we have no inflances of Honours conferred by our Saviour
Upon his Apoflles, yet have wc Prophefies, that after the publication thereof
Kings fhould become the Nuriing Fathers of it, and that the feet of thofe that
brought the glad tydings of Peace fbould be Beautiful upon the Mountains,which
Mr.Cahin applyeth the Bounty and Munificence of Princes to the Church,^^.49.
But for the hrfl 3 00 years. What could rationally be expedted from the profeffed
Enemies of Chriflianity ? no other honours than cruel Perfecutions whilfl the
perfecuting fury lafled, whilfl they were burnt in njtm mBunii lurrnnis, Tacit, as
the Hiflorian hath it. The ordinary fentence was,
Ta'da lucehis in illA
Qua jiant^s-itrS.ent jixo gutture fuThanty Juven*
But no fooner Was Gmttlifnt abolifTi'd, but we have a new and fmiling face of
Affairs under the happy Reign of Cmiflantine the Churches great PatrOnj^s well as
^he Clergies Friend. And heilCefOrth the Primitive Piety was not wanting,who
thought no Honours or Powers mifplaced upon their Spiritual Fathers, for whorU
they judged nothing too dear. All Hiflories ring of Conflantmes kindnefs tO his
Clergy, by whom the mofl weighty Affairs of his Empire dureing his time was
mofl happily tranfa6led, and that mofl of his Succeffors wrote after his Copy
will appear by what follows; for it were very eafie to mufler a little Army of
Fathers engaged in Secukr Employments. We read Zox^mm L that
Epiphanius Bifhop of Cyprus^ a Perfon of lingular vertue, prudence, and piety,
-feAmw/f a man bulled in Political matters, Theodoret reports 1. i.e.
5'o. that one Jacobns Bifhop of Ehjibis or the Mygdonwi Antioch was
Bifhop, Governour, and Captain of the fame City. In ^aronmSy A.610.
I find that J6hn Patriarch of Alexandria was accuflomed to fit twice a Week and
Judge between thofe that were at variance; and to reconcile them, and once
when none came to him, he departed weeping, That all that day he had done
no good, hut Sophronins replyed. That he had more caufe of rejoycing than
of Weeping • for having brought the City to fitch good Order, and to fo great
Peace, that they were more like Angels than men, having no differences left,
but Were all in friendfhip and amity, A rare Example to the Immortal Fame of anEx--
cleftajlicat Judge. We all remember that Sir Ti^omas Moore commanded it to be fco=
red up aa a wonder. That he had once been able to clear the High Court of Chan^
eery from-Sintesy and not one caufe to remain unhard : But here we have a Populous
City (hardly fhort of any in our Nation) by the pains of a good Bifhop, without
Any charge to the Litigants, reduced to a perfe(5t unity within it felf.
C But
in .
But we will pa(s over fuch obfcure Names, whom it were endlefs to reckon
lip and Seledt only a few, whole eminent Labours have Eternized them to pofte-
rity, and begin with Sz. Jmbrojcj who flourifhed J. C. 378. and to his Con-
dudt and Government was the great City of Milan entrufted, fo that St. Jujlm.
Conf. 1. 6. c. 7. Complains that he was a long time kept from accefs to him
SecludentihUs me ah ejM aure at que ore Cateryis ne^otiorum hominum quorum injirmitat'thiis
feryiehat; He had whole troops of Suiters about him to diipatch their worldly
bufinefs. The next flrall be that great Light St. Juftin, who Ep. 147.
hath this paffage. Homines quidem jua6 Jdculares caujas apud nos jin'tre capientesy dum lis
iiccelfarnfuermiusy fit nos Sanflos <sr Dei Seryos appellanty ut negotia terra fud peragant
aUquando agamus negotia ejr falutis eorum non de auroj non de argento npn defundis o* pecori^'
bus pro qulbus rebus quotide Juhmiffo capite faintamur ut dijfentwi^es hominum termmemus. He
faith he was every day iollicited to make up fome breaches about Gold, Silver,
Land, Cartel, zsrc. And yet where have we found a more Faithfull and Affiduous
Preacher and Pallor than this good father ? Were any more engaged in con tells
with Hereticks,or any that left a larger Legacy of his Learned Labours to the
Church ? I dare challenge any before or lince the Churches Reformation, who
have done the like, and who will fay that the good Father had mifpent his time,
that had better been laid out in painfull ^reaching to his flock? Whereas we all
know that Preaching is but a very Imall part of the Minillers Calling, yet of
late times it hath been made by fome to fwallow up the reft of the Miniftefs
Duties as neceftary and Effential to his Callings as that can be^ and have obferved
alfo, that fome Minillers themlelves, otherwiie good men, have been a wan-
ting to themlelves and the Church, in complying too much with a fort of men
amongft us, whofe intereft it is to draw all Cawfes into their own Courts for the
flipport of their own Grandeur and Faculty whereas otherwiie thole Suites and
Caufes might perhaps with little or no charge have been more fpeedily, yea and
fatisfadlorily determined. Our laft inftance lliall be in Gregory the Great, de Cur.
Daf. (with who fome clofe the good Popes) whom we find complaining that
Sub colore EpiJcopatuS ad fecnlum retraHus fum m quo tantis terrd cur 'ts inferrio quantis me
7n Vita lak a nequaquam dejeruijfe remmifcor. He was never in all his Life time fo en-
-^umbred with Worldly bufinefs, as after he came to be a Bifiiop • but he after-
'wiLY-ds a.dds th^Zy Etf cogamur ten enis negotiis intenderey mens tamen nojlra fdculari "Va-
r let at e, non dele Eat m'y fedtotain unum currity atque conflult fhiem. Though he was
forced to do this for the good of his People, yet he took no Pleafure in it, and
his mind was taken up with better things, for all agree that thefe mull not be un-
dertaken out of love to them, but Chriftian Charity and Compalfion to the op-
prefted, Jug. de Cly. Del t. i p. c. i p. Now thefe Imployments were conferred
upon thofe Fathers not as Bifhops but as Subjects more Eminently qualified than
others, both by their Prudence, Experience, and Integrity, as well as Humane
Learning. But Three there are (in which they did Principally engage) and.
which may feem moll agreeable to their Coat: Firll, To he in the Comt^iisfon of
and to fpeak Impartially, Who fitter for fuch a Work than they, whole
bufinefs and Calling it is to reconcile thofe that are at variance : And this was the
defign of the Ancients, though at firll it began in a way of Charity ; yet beiqg
found profitable, it was upon mature Deliberation by the Chriftian Emperors
confirmed, particularly by Conjlantiney Zos^m.lib. 1. c.p. who leaves it free to any,
'Shy^Kti^t Keictv 'ia-v piKoyreu Tmhmtuf afxnyaif DaleUS and Eolentinian
enlarged it and intrufted them with the Rates of Commodities Sold in the Mar-
ket,
[7]
ket, Cod L I. de Aud. Ep. tit. 7. Their Jurifdidibn I confefs'hath been in ieyefal
ages various, rometimes more fometimes lefs as thp Emperors were more or leE
favourable to the Church, whoever kept the Soveraignry m their own, hands,
was the firil that paffed the Royal prant in lavour of the Clergy,
permitting the Cognizance of allCivil matters,evenbetween Laymen to theEpir=^
copal Tribunal if either party did require it, though the oth^' denyed his conlent,
and their appeal was to be obeyed by the Magilf.rates whenever made, though
the action was already commenced in another Cpurt._ ; AfcadiiiS and lionortM
did a little retrench this unlimitted power, yet ilill allowing it by the joint con-
feiit of both parties j and making the Biihops as it were Relerees, /. fi quis ex corif
fenfu. de Aud. Epijlop. and their decifion to be.binding and .final without appeal.
This Law was after ratified by Theodojiius md jufihiian I. .Epijc. c. eod. ' Nay this
latter Emperor JuJlinian repoied lo mu^h confidence in them, that he made them
Overleers of the Secular Judges, "Royel. Conft. 56. This then has been the
praCtife of that pure and Primitive Age, and the greateil Enemies the Church
had, could never deny but that the,Biihops have had their Tribunals for above
thele 1300 years Eredued by Conftantine^ confirmed by Arcadius and Honorim^ The^
'odoftM 2ii\dValentmia)i, <yc. Only iome Curioiiny mince the matter, and allow
them power to hear Cauies, and to become Referees and Umpires by the conlent
'of both Parties, but yet they will nothear talk of any Coercive Jurifdidtion,
though as eminent Civil Lawyers as any are. Attribute it ta tliem, and particu-
\2LY\Y AccurJtus interpr&is AudientiaEpiJcopali^, a term frequent in the Code Ju* ■
rifdtPiio ; and Cotijlantme forbad exprefly the greateil Prince in the Empire to re-
voke what once the Bifliops had Decreed, Eujehj Vit. Conft. l. 4. c.iy. In pro-
cefs of time the Magillrates having encroached upon, and almoft outed the
Clergy, Charlenidme revives that good old Law of ConJtdntinej confirming the
(ame Jurifdidion to all Biihops, repeating the Charter word for word, Car.Mag.
in Capit. /. 6. r. 2 8. What the pradile was in our own Country of England (hall
God willing be made out in what follows, wherein I doubt not but to give abun-
dant fatisfadion of the that the Clergy were employed as much as the
Laity in the Decifion of Secular Ca.uies, fo far as we have good Authority and
Record in the times of the Saxojis, and fo downwards till our late and unhappy
Diyifions 1640, <jrc. which God grant may be ever buryed in Oblivion, and that
we may never live to lee'the lame again. Secondly, To be of the Privy Coun-
cil, where frequently Cales of Conlciences relating to State-matters may arile :
As fuppofe there be a Confultation about a War or Marriage, the Lawfulnefs or
llnlawfulnefs thereof, mull be judged in foro ConfcientU^ and fo is the proper
Subjcd of a Divine or Clergyman ; and perhaps the thing will not bear lo much
delay J as to Summons Prelates together for Advice nor Reafon of State to be fo
much publilhed, for want of luch Knowing aind Religious Counfelloursy Prin-
ces may often be entangled in unjull Malfacres, and ralh Wars, and Innocent
Blood be fpilt, which otherwife might have been prevented : And for preven-
tion whereof the Godly Prudent Princes both of our own and other Nations
have ever admitted fome ipiritual Perfons to their Counfel Tables, and Clofet
Debates.To the good advice of Bifhop Eox of ITmchejler we owe the Union of the
two Kingdoms of England and Scotland ; for the other Privy CounfellorS advh
fing King Henry the 7th to Marry the Eldell of his Daughters to France, the more
Noble and Rich Kingdom ; the old and wife Bifliop advifeth his Ma jelly the
contrary, at which the King Teeming fomewhat furpriz'd, the Bifhop gave him
this
ns-
[ 8, ]
this as the reafon of his Opinion^ that by Marrying the Elder to Scotland^ that
Kingdom would be broughtto Bnglandj and old Enmities reconciled and for ever
buryed ; Whereas on the contrary being under we fhoiild have
here been ruled by a French Lieutenant or Deputy, which the Englijl? he doubted
would hardly brook, and perhaps our Government and Laws by reafon of their
unagreeablenefs to the French, might have been attempted to have been changed
intothofeof France, which the En^lijh m2Ln (his Opinion was) would hardly
bear : Whereas thbfe of Scotland were not fo much differing from the Laws
and Cuftomes of England, and twas to be hoped the two Nations would better
accord together than the and irmc*/? would. The good event of which
•Counlelwe have feen with our owil Eyes, and may it long continue. It is re-
corded of Conjlantine thtit he would not in any wife difpenfe with the abfence of
his Bifhops from him, who had he lived in our Prophane age, the 'Churches E-
■nemies would have laid that the good Emperour had been Prieft-ridden, a well-
meaning man but not overwife ; But the good Emperors joy it was to lee His
Court-to he as it were aCfmrch. Nay fo much ule of thele Holy men he, made, that
he made them follow him in his journeys and warlike Expeditions, Eufeh. de yit,
ejus L I. c. 3 5. Idejn I. 4. c. 5 6. So that we read in Fettr Ekjenfis Ep. 84. ad Alex,
how he proves at large there. That it is not only lawful! but very expedient
for Prelates to be in the Courts and Counfels of Princes upon fuch like impor-
tant reafons as thofe are, and therein excufes the Bifhops of Winchejitr, Ely^
and Honvkh.
Thirdly^ To be employed in Treaties and Negotiations of Peace and Com-
merce, and this both the Ancient and Modern pra6tife will juftrne, that none
have been more frequently or more fuccelsfully ufed and employed m fuch Mef-
fages than the Ambaffadours of Chrift; Solemn Embalfies cannot be expe(fi;ed
before the Magiftrate embraced the Golpel. But in the very beginning of the
4th Century we have Maruthas Bilhop of Mofopotamia fent Embaifador frOm the
Emperor of to the King of Terpa, Socrat.l. y. c. Prefently after
dorick dilpatcht Epiphanius Bilhop of Ticinum or FaVia to Gunehald K ing of the Eur*
gmdians, Eunoch. Tifin. yit. Epiphan. who at his requeft releafed great numbers of
poor Chrillian Captives. Then we have St. Amhroje fent by Valentinian to Max*
imus that commanded the Eritifh Armys, to delire Peace^ which he happily effedl-
edto the great contentment of his Mailer, Amhrof. Ep, ly.l. 5. where he men-
tions an other Embalfy wherein he was imployed. I might add St. Chryfoflome
imployed to treat with Gainas as Earmius informs us. John Bilhop of Epme com-
milfioned by Tlyeodorick to Jupine the Emperor, Nifeph. with multitudes of others
in latter times,whereof if I Ihould give inftance fome perhaps would reply upon
me that thole were times of Popery and Ignorance 5 yet perhaps of more candid
limplicity and honelly than the times wherein we live 5 and for the Moderns
the time would fail me to Ipeak of our own and Neighbour Nations j for this con-
tinued the llniverfal pradtile of Chrillendome till Sincerity gaye place to Hypocrijie,
and that netv Definition of an Embalfadour came up, that he was, Vir peregre
mijjhs adfpetiofe mentiendum Egipuh. caufa. A good man lent abroad to tell fpecious
lies for his Countries fervice. Then indeed it was high time for thefe Holy men to rejlgn
up thefe Employments to others whofe Education and courje of Life better became
them.
Thus we have feen both Ancient and Modern Ufage on the Clergys fide, th&
uninterrupted pradtife of the World for above 5000 years before and under the
Law
[9 ]
Law in the purefl; times fincethe Golpel all lorts of men both Pagan, Jemp and
Chriftian, allowing it in their practife, and none ever quellioning it, lave fome
late, and thofe few Innovators, who though they have difclaimed the infailibi-
lity of the Church of %ome^ feem to ftick a little to dole to that of Geneyd or
Scotland^ we have heard the moft eminent amongft the Fathers engaged by their
Princes in Secular Employments, and if yet ftill this muft be an Error, Jtt Am*
via mca cum patrihus, 1 dare caft my Lot on that Ede. '1 is confeiF 'tis pitty that
any fliould be milled by Authority, but 'tis moll milerable not to be moved
by Authority.
' This then being the FaHum or ufance as is Evident, let us a little in the next
place examine the Jus of it,and for any Fanatick to except againft it,is a felf-con-
tradiclion, llnce their avowed Principles and dayly Pracdile allow their Feachei s
to follow any other Calling, either of Camp, Country or City witliout con-
trol. But it is the rigid Difciplinarian who takes the moil Offence at it, and
therefore to him we fhall addrefs our felves, and for once fuppofe him to be of
the little Commonwealth of Geneya^a.n.d to have the bell parts, and to be Mafter
of the bell head-piece amongft them. If the Senate or Syndit fhould com-
million him to decide a difterence between his quarrelling Neighbours, or lend
to him to advile with him about a War with their great Enemy the Duke of Sa^
l;oy, or engage him to Solicite at the Court of France^ or at the Suijje Cantons as
a Publick Agent, there being none more likely to prevail in Inch an Embafie
thanhimlelf; and the little Commonwealth otherwile would be in danger to
be loft. In this cale iliould he be heard pleading the inconliftency of his Holy
Profeffion with fuch an imployment, and thereupon return a denyal j if fo j
then the Magiftrate will be an ill condition, who muft be obeyed in nothing
more than the others Calling enjoins him whether commanded orno, and his
being a fpiritual Perfon will make the Civil Magiftrate looie the fervice and ule
of his Subjedl: A thing yet which the moft eminent amongft them have not
declined 5 for that neither Mr. Cahnn formerly in the one, nor Mr. Tiendcrfon of
later times in the other, have not fcrupled greater matters.
But let matters be made never fo clear, it may be feared that the Vulgar have
taken up fuch prejudices from the inexcufeable bulinefs of fome late Preachers
here amongft us interefting their very Pulpits in State matters dureing our late
Troubles (a practile never lufliciently to be condemn'd) that all perhaps may be
bound to their good Behaviour for a while for the Mifcarriages of thele men,
who have been fo notorioully guilty of the fuppofed crime, they have been
guilty of in their Preaching againft it, and chargeing it upon other men, who
never (as they did) engaged in any thing of that nature, but when they were
commanded to it by the Magiftrate; Though 'tis hoped that all learned and judi-
cious Perfons will be more conliderate,and diftinguilh between the frantick mad-
nefs of a few' giddy Pates, and the lober adings of Eminent Prelates commil-
fton'd by lawffull Authority, and not take an advantage from the mifcarriages of
this other lort of men to bring an irreparable injury on Pofterity by debarring
others more fober than they. It is a true faying and confirmed by the experience
of many hundred of years.L^iki fimt femper mimici C/rro. When the World w^as Fa^
gan, the Devil taught the multitude to cry out if any publick Calamity hapens,
that the Chriftians were in the fault,and they muft to theLyons:but now the cun-
ning Sophifter hath changed his note,and if any thing be amifs either in Church
or State, prelently the blame muft be caft upon the Clergy 5 T*eymuftbe Sa-
D crificed
crificed to appeafe the many-headed Multitude, their Lands Sequeftred or Sold,
and all places of Honour and Trull interdicted them 5 certain we are, the qua-
lifications of a Bifhops Calling do not in the leaft incapacitate him fuch employ-
ments as we have been fpeaking of; For (i.) 'tis required that he be Vit^ Trobatisji^
WW, of an upright unblameable Converfation. (2.) NuUixs Cmiinis reus. (^,)
jEtategravis, wellftrickenin years. (4.) DoHrhia pr^flans, excelling in Lear-
ning, with many other of the like nature. Now if thele are not kept, they
have the more to anfwer for whom it concerns, if they be obferved, will not
any one who reads this, conclude no Perfons more fit than they for the mofl
weighty Affairs ? For all Polititians make Integrity, Prudence, and Learning the
Principal ingredients of an accomplifht Magiftrate; lo that if Aptitude be
refpeiSed, we may fafely affirm there are none better qualified for Counlel than
the Clergy, whole Education and Inftitution hath enabled them to look into all
the Idasas and Models of Government 5 to learch the Depths and Myfteries of
Empires, moll of which are lockt up in llrange Languages, and 'tis not every
capacity that can gain the Key .Then for truePoliticks(the late Florentines Reaches
let other men learn and admire) there's as much to be found in the Hillorical
part of the Scripture, as in any Books in the World, lo that Divines may in all
probability make good Statills. And is it not pitty then that their Countrys
fhould be deprived of fuch hopefull and eminent abilities ? doubtlels thole of the
contrary Opinion do not throughly weigh the confequences of their Affertion,
clearly leading to disjoin the Church from being a part of the Commonwealth,
which for i 300 years and better have been happily united ; if the Bifhops and
other Spiritual Perfons who yet by their Revenue are lo conliderable in the Com-
monweakh, mult no longer be lookt upon as Citizens, or parts of it, and eo ipfo
be debarred from Employments, but incontinently forfeit all their Priviledges as
luch, the confequence I prellime would not be very good*
CHAP. III.
Some Authorities from Scriptures, and the Canons of the Jntient Church feemingly contradiH-
ing the former pofition explained.
And yet for all this we confefs we find many good men are llrongly
perfwaded that Ecclefiallicks ought wholly to be excluded from Civil
matters: An Opinion indeed much pretending to Humility and felf-de-
nyal, and receiving fome countenance and colour from Scriptures, the pra6tile of
three firll Centuries, and fome Canons of Counlel which mull be the Subje(5l of
our next confideration.
The Text that is moll infilled upon is, 2 Tini.i.^. which being millran-
Hated by the Vulgar Latine MtUlans Deo begat greater prejudice in the minds
of many.
Firll, Then we may take notice that the Sentence is general, and belongs to
every calling and fort of men, though in a more peculiar manner 'tis referred to
the Preachers of the Golpel, yet none can plead exemption,but others are willing
po flip their necks out offfie Collar,, and the Clergy only mull be tied to it,whom
for
[" ]
$■11
ley
not
moft
iLe
be
for the prefent v;e will grant to be principally concerned. The ftrefs of all iie^
upon the words which Ti?€o^hylati expounds by
raults and confufions of this LifeTo'"''- ^ Lapide fates are fuch employ-
ments as concern food and raymeht, and inllances in thele agricultural nwcaturct.
artes mechanics. Now who does not readily apprqve of this,and judge it very im-
proper that a Preacher fhould be a Merchant, a Plowman or a |*»^chanick, 4o
not both Common and Cannon Laws forbid the fame ? EJlius has much to the
like purpofe, Qu^e ifuis cxercct tct hukiit mdc yiy^tj and therefore
quotes to this purpofe a laying of Amhrojcj h}dccorum ejl homim fur^rf fibq cjui
mlitant Dco^ this then rather flies in the face of them that permit th^jr Preachers
to put on Blew Aprons, and make them inch iordid allowances, thai they midl
either work with their hands or ftarve, feeing it is not comely that the Lprds
^'arriours fliould bufie themfelves about inferiour matters that tend tp get a live^
lihood,and lb Falla renders it, not ncgotiis but negQtiat'mihm^\N\im QUr Saviour eip-
ployed Fiflrermen to Preach his Goipel, weak inftruments to cppfpund thepowr
ers of this World, though he furnifhed them with fuitable abilities thaC^^hey
needed not to ftudy, yet he made them leave their nets, and not ufe t}ie?p as their
ordinary Profeflion. But laftly, and mofl: iatisfadorily, the Apoftle here makes a
companion between Prophane and Spiritual Warfare, and therefore the better
to underftand the genuine fenfe we muft confider what Military Difcipline did re-
quire, Veg. I. i. fays that by the Laws of War he muft not have any private
affairs committed to him, nor mind his own gain. Hence we read in Florus of
the %pfnam feverely proceeding againft ^ofthu77iius for imploying his Soldiers to till
the ground, Vid, Leg. Arcad. O- Honorii Tit. Miles. And L^o the Emperor fays
exprefly, thofe that are armed and maintained by the Commonwealth muft only
mind publick affairs, and not till the ground, keep Cartel, or Traffick, L. ML
C. de re Mthtari I. \i. All avocations were inhibited, and fuch matters as tended
only to the publick good enjoyned them, and why then fhould not the fame A-
nalogy hold here, and fuch affairs be permitted to the Clergy,as tend to the good
of the Church, and the Glory of their great Commander.
Next we are urged hy theApoftles practice who were fo tender of any interrup-
tion that they denied to attend upon tables, and make provifion for the Poor.'Tis
true, in the infancy of the Church, when the Gofpel was to be publifhed all the
World over, the Work great, and the Labourers exceeding few, the Icaft diver?-
fion at fuch a time would prove a confiderable hindrance and deftradlion to them.
But now when the Lord of the Harveft has encreaft the number, and plentifully
fuiTdflied his peaceable fettled Church, every Village being now fupplied, and
if the complaints of fome be true, the Nation fo overftock'd, that there's hardly
employment, much lefs maintenance for the Multitude. In this cafe to make
no difference of times, when the mercifull Providence of God hath made fo vafl
a diftindtion feems little agreeable to reafon. But if from this, occafion muft be
taken prefently to forbid every petty interruption and difturbance j how came
St. to contradidf himfelf, and to follow his Tent making, labouring with
his hands for a livelihood,which muft needs take up a good part of his time, an4
hinder his Praying and Preaching. Add to this, that the feven Deacons appointed
by the Apoftles to fucceed them in the care of the Colledtipns, were according
to Epiphanius of the number of the 70 Difciples, and yet for the publick benefit,
their conftant Preaching was now and then difpenced with tp attend pn Tables.
Thirdly,
Thiifdly, They argue from the Canons of the Primitive Church, prohibiting
Clergy; men to judge and intermeddle in Civil Matters, or any Caufes Secular ^
the Prohibitions of this fort are many and various, they may be feen in 'Balfamon,
Would be an infinite task to give particular anlwers to each
I Canon, and therefore I fihall lay down fome general Rules, which may the bet-
ter condiice to the underftanding of them all,which if well applyed will make an
I' abundant folution to that fo complicated an Objection.
And here I cannot but admire the Modefty of the Primitive Church, and the
Charity of the People j the earneftnefs of Princes in Commiifioning of Spiritual
I Perfons to compofe all emergent differences, and the fo'rwardnefs of the oppref-
i fed in flying to the Tribunals for Juftice, whereupon the Holy Fathers in pro-
j cefs of time to take oft their Clergy from thofe Affairs made fundry and fevere Ca-
nons in divers Counfels, and therefore (i.) 'Tis clear, the great delign was to
forbid ambitious feeking after, and voluntary engageing in Secular matters for
Sordid ends, and out of Covetous Principles, and this may probably be colled:-
ed, becaufe we find a diipenfation given when impofed by the fupreme Magi-
flrate. In the Counfel of Sardhtis granted upon the motion of OJim, St religioji
mparcttoris Uteris yel inVitati yel yocati fne}'int, and undertaken in obedience as caufes
! of Piety and Charity, overfeeing Widdows and Orphans, provided it extended
I not to the notorious negled of their Religious Callings. And thus JuJltn Martyr
calls the Bifhop the great Steward of all the poor, Jpol. 2. the Contributions of
i the Faithfull being laid down at his feet, and by him diftributed. And Ignatim
\ Ep. ad Tolycarp. calls the Bifhop the great T ruftee of the Widdows. (2) '1 is not
i a total prohibition, but only a prudent reftraint, leaft animofities and jealoufies
! fhould arife in the Laity, by too much encroaching upon their Courts, and there-
i fore the wifdom of fundry Counfels confined the Clergy to fuch matters as were
I properly of Ecclefiaftical Cognizance.
j But (^.) The ground and reafon of thefe interdidfions was not the unfit-
' nefs and incapacity of fpiritual Perfons, but out of refped: to their eminent Call-
I ■ ings, leaft they Ihould be difparaged by mean and vile employments, and exprefs
i mention is made of fordid Offices about Princes and Noble men, as of Stewards,
i Bailiffs, <src. But when by the favour of Princes their employments were ho-
nourable, and their temporary diverfi9ns did bring abundant recompence to the
'Church; we find thofe that had the principal hand in enading thefe Canons
1 chemfelves engageing.^ Now can it be fuppofed, if this had been the meaning,
they would have been guilty of fo great a contradiction, and no future Counfel
reprove it. St. Cyprian much confirms me in this Opinion, /. de Lapjis, is perfwa-
ded that God lent the great Perfecution under Deans onely to awaken the Chrifti-
ans, who were growing exceeding corrupt, efpecially the Clergy ^ for he there
complains that the Bifhops themfelves abandoned their holy Fundions, and dealt
in matters of the World, haunting Marts and Fairs for filthy lucre lake. And much
to fame purpoie we find in Writers of our own Country, as Gildas^ Dede, See.
But to make peace between quarrelling Nations, to compound differences a-
mongft Chriftians, and fiich like, tending to the honour of God and the Glory of
the Gofpel, which may be often pradifed without detriment to their Spiritual
charges, I never find thefe exprefly forbidden, or flich as engaged in them, as
Cyprian, Jujlin, ChryfoJlo77t, Gregory, "Bernard, dec. Condemned j for St. Batilhc-
came all things to all men to gain a Soul: Will not the example bear his Succef-
fors out^ if they go to the utmoft verge of their Chriftian Liberty, ftill keeping
on
if
Cm] $-2.0
on this fide fin, to preierve Kingdoms, the Churches Peace, and to prevent the
effufion of Chriftian Blood , their.abfence fome days frqm their private charges
will be abundantly recompenced by fuch happy conlequences.
CHAP. IV.
The Ancient Eft ate of the Cler^ and Triejts in this and other T^ngdoms.
WE have before intimated that the Prudent Piety of the firft Chriftiarl
Emperours, for the better Encouragement of Religion and Learn«=
ing did confer many and great Priviledges and exemptions upon
their Clergy in thofe Primitive times.Come we now to manifeft that the Franchifes
of our ®ritti/^Church,were neither fhort for number or extent,and that they areall
confirmed by Magna Charta without reftraint,the words are li^e hayegranted to God,
and by this our prefent Charter confirmed and for our Heirs for ever, that the
Church of England fliall be frec,and have all her whole Rights and Liberties invi-
olable,all the Nation being content to ftand accurled,if this grant Were at any time
infringed. You may fee in Ancient Authors the manner of; its Publication (vi;^.)
The King, Prelates, and Peers, <src. came with burning Tapers in their hands,
throwing them down on the ground, and faying. To let his light be extinguifh-
^ in the other Worldjwhich fiiall go about to break this Charter and Agreement,
yea more if any thing fhould be done againft it and contrary-; to it, it was ipjo
faHo declared void, 26^ Edlot. 1. ci 1.' And muik Magna Chdrha he violated only
when the Clergys Priviledges are invaded. Why Thall it not ftand firm and
good for them, and on their behalfs, as for the Laity^? Did not the Clergy la-
bour as much as any for the Procurement of it ? Nay weffe' they not- they who
procured it from the feveral and refpedive Kings?Let us defire the EnCmies of the
Clergy to fee their own Cronicles, and they flmll receive fatisfadiOn. Now what
the Liberties of the Church were^ to let them down Would ask \a Volume ^ the
Lord Chief Juftice Coo^e fays exprefly, they had rrtore and greater tharr other of
the Kings Subjeds, fomefew he recites, as that they were Jifehafged from Pur-
-veyances. Tolls, Cuftoms, Diftrefles by the She-riftin the old inheritance of the
Church, with others of the like nature. It mightTetch tears from fome to look
back upon the Piety and Charity of our Saxon Ahcdlors who in their greateft
impofitions ever held their Ecclefiafticks excufed, no part of that infupportable
TLax. of Tanegelty under which the Kingdom fo much groaned, being ever paid
bythem^ Vid. Sfelm. Gloff. 'in T>anegeltl and it may be made appear'that'till after
the Conqueft (the tenure of their Lands being at that-^time Erank Jlmoigne) 'xhcy
were ever priviledged. ' For King Ethehvolf in a futLConverition of hi^' States at
Winchejier, Ann. Dom. 8 5 8l Enaded that Tithes and Church Lands throuo-hout
all his Dominions fhould'be free from-Civil Burdens and Exadions, as much as
Royal Tributes great and fmall, Tid. Spelni. -Concii. ad Annui^diBuni. But dureing
our late inteftine Wars, How unequal'were QuarteringsTrid Cbntribtftfdns ?
What heavy Burthens did the poorClergy bear, ridVedrefsbeirtg found td their
bittereft complaints from the Lay Judges, who in fome places made fport attheir
Miferies and Oppreffibns, as if nothitighad been toc?hard pr finfuppbrtable for
their fhoulders; now thofe days through MerCy are over, ahd-muft befb^g^otten,.
to receive alrao'ft iivall places the fame hard meafure from their^firecendedEYell-
E wifhers.
C '4 3
wifliers, Tins ftrlkes to the yery Imrt. When no regard is had of all their pall
fufferingsj Firft-fruits, Teliths, (no fmall (landing revenue of the Crown, a-
rnounting as fome compute to near 40000 /. per annum) which they joyfully dif^
charge, but they mull ftill be left: to the arbritrary difproportionate Impofitions of
every Domineering infolent Officer : Tbe confideration hereof hath c6nvinced
many (formerly of a different perf\vafion) that 'tis not only ufefull but expedi-
ent, yea neceffary for the Church, to have ffime of his own Ordering Power to^
proted: them, and to hear and redrefs their jufl grievances. But what further
concerns the Clergys Priviledges and jufl Rights, being fo learnedly handled by
the Immortal 5j?e/m4«,aud the general ones fo fully Colleded by (J^ehujfus de Stud,
(Pr/V.and others,! fhall not here any further enlarge upon them.The grand concern
at prefentjand which we principally defign is,how far they were Priviledged as to
publick Affemblies and State Conmltations. And that the Holy Conflammc^ and
many other famoqs Rings and Emperours have made ufe of their advice both at
Home and Abroad, employed them in Embaffies and other important Tranf-
adions hath been already demonftrated. A ad here in the firll place, if fuch an
argument could hope to Evay with us Chrillians, it would Ibon be proved that
thole who attended the Worfhip of the Heathen gods were admitted in Greece^
the theii.moft knowing and civilized part of the World, into their ^m»^tolium
and JmphyBioman Qquxi^^Is, Amongft the Jchenian Areopaptes and ^{oman Senators,
and that the Old Gauh diyided their Hates in Druidai (who had ommum rerum 'immu»
nitatem) E^uiteSy^khem^ as the .Egyptians before did into Priefts, Soldiers and TradeE
men. But leaving Gentiltjme we whll haften to Chriftendome : And here once
for all, defire our Reader to confider, that by the fundamental Conftitutipns of
I the moll and beft fettled Nations in Europe,thi^te are three States generally fettled
whereof the Clergy is ever one : Now to make this good, though we might
produce variety of inffances, yet we fhall content our felves with the fingle
Teflimony.of alone,knowir^ that it will go farther with fome, than a Jury
; of others,This we find exprefly aflerted in his I&itutions, 1.4. c. 20, SePl.-^i. In
Jtngulis regnis tresJunt ordanes, See. which how to make up without the Spiritualty
will be hard and beyond my^ skill In our Neighbour Nation of France the pra-
iHiieisnotoriouflykt^wn, the ancient llile of the Royal Edids always running,
as 'tis Recorded of Ann. 744. ^er Confdium Sacerdotum ^ Optimatmi ordmaVi-
mm, Ter Confdium Sacerdotum Optimatumordmavtt Carolomanus, Thuanus pasfm. It
might farther be noted that fix Prelates are here Pairee of that great and famous
Kingdom, three of tbem being ftiled Dukes , and three Counts,' See Seldms
Titles of E^omurs^ an4 yet the \yhole number of the Pairee exceeds not Twelve.
i| As likewflp the Arch Bifhop oiTaris hath a peculiar indulgence in being preient in
i| every Court of that Roy al.Gity without exception Chappmus. Look we into Hun"
' I gory where H)wr<^c:^us informs us that by the Fundamental Conflitutions of King
li Stepkn, the Bifliops itx Concilio %egk primi adftjlunt. Foland comes behind none in
its Reverence and RefpecSl for their Clergy, where the Arch Bifliop of Gnefna is
y ^rtmm E(egni ^ F^rmceps primus, StamJ. Kgtflanowkk in difcrip. Tolon. whole junldi^-
1 ion is,not limited to the Spirituality alone,;but hath the chief place in the Raiik of
i I the Senators alligncd him; and is of the greateft Authority in all publickConllika-
I tions: And whep at any time there happens an Interregnum (as it frequently doth in
thole EleiHive Kingdoms) it belongs to hiip to fummon a Dyct to give Audience
to Forreign Embaffadours,and to appointiatime and place for the Ele<51:ion of^a
New King. Our Author farther enlargeth this to have proceeded from the Piety
of
I:'
_ [t5]
o{ the Kings towards the Chijrch, that the Sons of it fliould for ever hold
the higheft places in their Conventions, with many other Priviledges which to
this day they enjoy in his own words,he no Clergyman neither,but a Lattyer'JMdxi-
mo illius commodo, eviolumento,adjumento, addo (S" ornamento. Cromem another Hi-
ftorian of that Country adds, that there is ever a Royal ftanding Council affigned
the King, of which there is to be two Arch Bifhops, and feven Bifhops. And
how coniiderable a number in all the German Dyets the Ecclefiafticks are ^dnVi*
mm is a Witncls beyond exception, who reckons thirty foiir Bilbops that have
their Votes there befides Abbots, Priors, who pafs for Religious Perroris,and
in the Septenwrate we find no lefs than three Clergy-men,M?if;^ Arch Chancelldur
of Germany, Coin of France, and Trkrs of Italy. I fhall wholly but of this Collecli-
on omit Spain and Italy, as being fuch known valfals to the Pope,where the Cler-
gy Rule the Roaft» But one word dafhes all this |^with fbme] They are Fapijls, a
doughty argument to condemn any thing though backed by never lo ftrbng rea-
fons : And let us examine how matters ftand with others, Andreas 'Burem in his
Deicription of Sueden^ acknowledges that the Ecclefiafticks were heretofore the
Brime men in the Senate, till the Covetoufiiefi of GuJlaVm the firft deipoiled them
of their Revenues: Yet fince the Reformation, they ftill to this day retain their
luffrages in all Publick Dyets of the Kingdom. And when the New Crowned
King makes choice of his Counlellors, the Arch Bifliop of Upjal is ftill the firft,
wdio is allowed a greater proportion of Attendants, when he comes to i the King
than any Noble man in the Nation, no fe\ver than Forty Horle being permitted
him j whereas the retinue of the other Noble men muft not exceed Thirty. And
in the great Aflembly at Lmcopeii, Ann. \ 600. w^e find both Bifhops and other
Ecclefiafticks. And as to Denmark, Bontanm recites Seven Bifhops as the Eccle-
fiaftical. Nobility, and thefe have their Votes in all Grand Meetings. Jonas ah
Eheryelt diftributes the States of Holjlein into three Orders, i. King and Princes-
2. Prelates. 3. The Families of the Nobles. And he makes the Bifhops of
Luheck and Slewick the two f rme Peers in all their Dyets. In Scotland it is known
that anciently the Bifhops and Prelates were Efiential Members of the Parliament,
and had their Seats as ours here in England on the Right hand of the King : And
in a Parliament held at EdenJjorough, Ann. i 5 97. a Vote paffed for reftoring the
Clergy to their Original Priviledges, as the Third Eftate in that Kingdom} the
Learned Prince King Jantes Condemning that Adt of Annexing their Temporali-
ties tp the Crown as Vfile and Pernitious, Baftl. Dor. /. 2. 4 3. Then for Gernya
it felf, who is fo much a ftranger to that Reformation, as to be ignorant what a
{iroke CMn and others had upon the Senate or grand Counfel,which gave oceaA
fion.to that, complaint of fonpe, that they had expelled Otie Bijhop and admitted manyi
If remoter Countries be;to be regarded, amongft; the Abisfmes the Clergy is Fara*
mount in. iy|fairs of all ^atureSy and We xt3udi in Darruaim.a Goes oiZaga Zaba an £&
thiopiau^ihopykexqy. of B^gana fent EmbalTadQur to the Khg of DMugd, Drefi
Qrat. In -Mufcoyy their fupreme Convention, which thofe Inhabitants call Zabore,
confift^_ of the great Duke, J'weifty Ecclefiafticks, and as many Noblieaythe corii^
mon People being wholly excluded ; and when they are met together, the Patci-
arch and Ecclefiafticks are ahvays firft Confulted, and firft deliver their'Opbioh.
I fhall conclude this Paragraph, onely reminding, that neither the Tigam nor Mi?
hornetans s-te fo inhumane or irreligious, or difcourteous tp, their Priefts as to deny
them this Liberty : For that Tully acquaints us that it w^as the appointment of the
Gods, that the fhould not only take care of their Ikeligion, but
further
L ] ,
kuthcr Smnups l^ipub. jjr.wjfa imlmruntj OrcU. pro doni.fua. Nay at this very day th^
Barbarovis Twr/i5 never exclude their Mufti, but allow him free entrance, and
Vote into all their Divans and Counfels; yea the great Sultan himfelf fo Honours
the that as often as he comes into his Prelence,he rifes from his Seat, and
according to their mode, putting his hand to his breaft, bows his head in token of
reverence and Honour, which he fliews not to any other Subjedt, and will hard-
ly vouchiafe the like honours to the mightieft Monarch upon Earth.
CHAP. V.
Englands more particular ''^fpehi and J^ndnefs to the Clergy.
-J
I Might here be very large fliould I but give the World a brief account of the
Honour which our Saxon Kings had for their Clergy, neither was this a matr
ter onely precarious,and by the Courtejle (as we fay) of England, Sed ipfis co7ifir*
matum legibus, Spelm. Condi. Ep. ad ^gem. The Perfon who Miniftred at tne Altar
was efteemed equal in all things in cenju pariter Capitis, to the Lord of the Mannour
or any Knight, Leg. jEthel. c. ult. de Wtrgildis. The Abbot was efteemed no left
than a greater Thaite which now we call a Baron of the Kingdom. The Bifhop
of no inferiour Rank than the Count or Earl, (dm injtegro fruebantur comitatu. The
Arch Biftiop equal to any Duke, who might happen to be fet over, and have the
Rule of many Countries; for that faith the Learned Spelman, in theft times our
Kings gave always the greateft refpe<ft: and honour to their Clergy 5 for 'that in
their keeping were theKeys of Learning and Knowledge,the Seculars in the mean
time addiifting themftlvesmoft what to the Wars,fo that in thoft times it came to
pafs that the Priefts mouth was the Oracle of ourCommoii People no left than of
the King and Commonwealth ; for that they had ever the firft Place in our Com-
mitia's and Afftmblies,- no left than in the Kings Courts of Juftice, and Law
Tribunals in the Kings Palace with the Nobles of his Kingdom in the Counties
ivith the Comittees and Juftices of the Counties, in the Sheriffs Courts turno
Kicecomtte:f\ together with the Sheriffs, the Bifliops had their Adftffors, yea in the
Hundred Courts, they or their Minifters late together, with the Lord of the Hu7i^
dred ': lo*that one fw6rd was ever helpfull to the oth'er iri^the Adminiftration of
-juftice,' and' nothing of mompt was done in theft Courts of Judgment, but by
their advice and affiftance, Speltn. I. prim citat. The pracftice of the Kingdom rah
parallel with, the Law j for in all Antient-Chartdfs ^d'TaWs which, heretofore
wei'e paffed and-ihade byTgniiig their names'^t?^ Spiritual Lords
^
Wfter hihtaftv^ai Dukes 2itk^ E2.As\1^6naf.Jngl.g;ESpelm.Cbn?f}isf?n. In a Charter of
King jwTo the-Monaftery of Gtajfenhury, 2i(ter the Bilhops,
iBoorth^d's^nd Eordredy occw WaldUre, Etheihehd, Ummin\rid jVinchelin, the greateft
-Feers in the Natibn puttirig-their Karnes. Not long after in a Grant of King
-Qffus to^the Abby (^ Worlefiery Jnn.^i)o77i. 708. 'Brotdfaiv, 'BcHhand, Eadbald, and
^g^}dWd,:-tWO Princes, and two Dukes, follows the'Bifhbps. And at the fame
Kings'Cpriftdraxson TX^^Sd'-Alhans', Ann. 79 3.' Kd' left than i o Dukes, - belides
wdMit " : - -
' )'
HI
in
lein
leto
noi
lo®-
niiieJ
L '7
other Nobles give place to the Prelates. And to make an end, in -a Charter
of King Eihvard the Confeffor to the Monaftery of Wmchefter; immediately
after the King fublcribed and the Bifhops, being followed by
the Kings Brother, ^thelflanj j^lftvednl the Kings two Sons,
Orced, Erorhtulf and Heerferth Dukes, many more of this nature might be produ-
ced out of the fame Authors, and others, as ftaiiding monuments of the, Clergies
Reputation, and the Reverence our Religious Anceftors bare to their Fufidlions,
particularly the third Charter of King Edn^anl the Confellor of the Foundation of
the Abby of Wejlminfter, where more particularly we find OJbenie and Teter two
of the laid Kings Chaplains, figning the Charter before feveral of the Earls.
And furthermore, here is Statute Law in the Cafe that this ufage may not be
thought to proceed meerly from the Curtelie of Englmd^ 'tis conhrm'd by the
St.atute of the 31 Hen.^.c.io. Wherein all degrees and offices are placed in
Alfemblies and Conferences, and there the Arch Biflrop*of Canterhury a,s primus
Tar regm the firfl; Peer of the Kingdom is ranked before all the Nobility, and Sea-
ted at the Kings right hand, next and immediately after the Royal Blood, and
the Vicegerent, and the reft of the Bifliops follow him in their due precedency,
according to the Dignities and Aunciencies of their refpe<^live Sees. See farther,
the Statute of 8. of c. i. rvhere in that Statute they are called an high, ■ and
one of the greateft Eftates of the Kingdom, nor were they ever excluded from
the greateft F-mployments of Flonours and Truft in the Kingdom, and to evi-
dence, th.at this is not fpoke without Book, we will fubjoin a CatMogue of
Churchmen Colle61;ed out of Malmesbury, Sp^elman, Vtigdale^ and, others,
iisrc. that have born all, at leaft the moft honourable Offices of State, and (how
ever befpatter'd by lome) difchargcd them with much integrity and repute j Eng"
land owing more of its happinefs to men of this Calling than any other^ though
it cannot be denyed but fome mifcarriagcs might be here and there found, and
yet as few as can be expelled in fuch a Multitude : and if a man were difpofed
to find fault, he might without much pains takeing tW o for one in Critically
examining any other Profeffion. Let us begin then with Englands Metropolitan,
to whom this Primacy juftly appertains, and take the reft in Order, onely pre-
mifing this, that tis true indeed we find fewer of this See upon the Civil Stage
than any other, moft Offices being lookt upon as below the ArchiepifcopalDig-
nity, and therefore a Noblemah upbraided Eiurbert Arch Bifhop i rppfwhen he
was made Chancellour of Emgland^ Chief Juftice of England, and high Goyiernour
of all the Dominions under King ^chard the firft, how^ever we (hall begin
with his Perfon and See.
buj
Canterhury,
^ J lO
lO
Hubert undet ^chard i. aftd King John, who intrufted the fame .Prelat^nwith
the Government of the whole Realm at his departure into "Kormandy . ij -Qmlter.,
Reynolds Chancellour, Jnn. Dom. 1310. John Stratford Chancellour under FdTl?. 3.
And when the King Invaded Erance, no Perfon thought fo fit in his abfence- to
have the Government of the Nation entrufted to him. Simon IJlt^ of the Privy
Counfcl to the Edw. 3. John Sta^ord to Hen. ^» John Morton to Hen. 6. znd-Edw^
4. But we need not ftand upon this, when in truth it hath been feldom knoWp
that any of them have been at any time omitted : Nor w^2.s this proper only to
the times of Propery : Come to the Reformation, we find Arqh Biffiop Cranmer
F of
fit- [ '8 ]
of the Privy Couniel to Men. 8. and Edip. 6. and very adlive in Civil matters,
yet a man lo averfe to fo inftrumental in planting the Gofpel, £b. Labori-
oils, fo Holy, that a great Apocalyptical man Mr. Erightman., in his Commentaries
on the Jpocalypfe 7nan no friend to the Hierarcny J takes him to be that Angel pointed at
by God, Rev. 14. that had polper otJer the fire. Under the renowAd Queen Eli:^'
heth, John Whitgift of the Council, and had the Government of the Principality of
Wales given to him.
sin to IIK-
Walter Gray Chancellour under King John, had the Government of the Realm
entrufted to him under Hen. 3. William de Melton Succeirively Treafurer and
■j I : Chancellour of England, 1317. William de ACouche Vicegerent to King Edlpard
j|j Ann.Vom. john Ef^np, Ann.\^iy twice Lord ohancellour. AndThonm
j 11 Toung Lord Precident of the North, An. i)om. 1561.
j
ii'
■j IJ: : :
' I
•■'v-
'i!
•iSih!
III
iiii
1,5
!
m
.f'l
if ■<*, T ' I
ill
■
11:
a
L 0 N D G H.
There was not long hnce to be feen in Sc.Eauls the Monument of William Bifliop
of London, who obtained from the Coriqueror the City Charter, to which die
Lord Major and his Brethren the Aldermen ufed in a gratefull Commemora-
tion every year to walk on foot: He was Privy Counlellor to King William the
Conqueror^ MauritiiiS Chsincellout under Cae finie King. Euftacims de Falcon^
bridge one o( Kin^ ^ch. I. his Jujf ices, Chancellour of the Exchequer, Treafu-
rer of England, and twice Embaifadour into France. Henry de Wingham ChanceL
lour under Edtp. 3. ^Iph dBoldoc under Edip. i. (^chard Eintworth under Ed'tr^
3. ^bert Braybrookunder''Ejch. 2. ^chard Cox Dean of Wejiminfter (whom I
crave leave to name here as belonging to the Diocefs) of the privy Couniel to
Edw. 6. And Bifliop 'Bancroft lent Embaifadour to Emhden, to treat with the
King of Denmarks Commiifioners, Ann. Dom. 1 600.
D U 11 H J U.
Geo0rey ^]{ufpis ChiLnceilour o^ England, Ann.Dom. 1140. 'l{ichardus de Marif
do, Am. Dom. 1217. Antlmiy 'Beake of the Privy Councel, Ann. Vom. 1 294.
chard de Bury Cancellarm, Ann. Bom. \and Treaiurer, X>ow. 13 3d. Tho*
mas hoHgley Chancellor, Am. Bom. 1406. Thomas %uthal of the Couniel to Hew
ry 8. and as his Monument at Weflminjier teftifies, Secretary to Hen. 7. Bjchard,
of the Privy Council, J. B. 1627. And here we cannot omit that known
paffageofN^Tib/'n^ewyir, who brings in Jf.By^chard, making himfelf merry with
the Bifliop, boafting what a feat he had done, E Vetujlo Epifcopo noVitium Comitm
ego tnirns artifexfeci. To make a Hew Count of an Old Bifxip, a Priviledge yet conti-
| |h '[! nued to that Ancient See.
ill " W I H c H E S T E
Chancellour of England under Egbert, Ann. Bom. 8 do. William Gif^
Chancellour under the Conqueror, William B^fus, and H. Henry 1. Beter
de U Lord Chief Juftice under Sendall Chancellour, i^id.
ll' William
mk
['pj ^
iri'l/uw Treafurer under Edw. 3. William oi IVickam, Founder of New
Colledge in Oxon^ Principal Secretary of Scare, i^eeper of the Privy Seal, Mafter
of the Wards, andTreafurer of the Kjn^s Revenues in France, Ami. pom. 1360.
William Wainjleet'Pounder Magdalen Colledge Oxon for his great Wifdom and
Integrity long Lord Chancellor of England under EEeiu 6. ^chard Fox (Founder
of C. C. C. Oxon) one of the Privy Counfel to Hen. 7. (as Prudent a Prmce as
this Nation hath known)and this Bifhop as wife a Privy Counfellor as he a Prince)
continually employed either in matters of Counfel at home, or EmbafFes and
Treaties abroad.
E L r.
*
William Longcham^ ChsinceWor, Ann. Pom. 1189. after Chief Juftice and Pro-
tedtor of the Realm, when %ichard the firft undertook his Journey to the
Holy Land. Eujlacim Chancellor, Ann. Pom. 1196. John Hotham Chancellor,
Ann. Pom. 1317. Simon Laughan, Ann. Pom. 1361. firflTheaEirer, then Chan-
cell or of England. John Parnet Wre^furer, A. P. 1366.- Jolm Fordham Treafu-
rer, Ann. Pom. 1385. William Gray WreiPurer, Ann. Pom. 1469. John Alcock
Chancellor, Ann. Pom. 1486 : And Thomas Goodrich Chancellor under Edw. 6.
LINCOLN.
C ■ .
Py)hert Pkuet Chancellor under the Conqueror, Ann. 1092. Alexander under
Henry the I. Lord Chief Juftice of England. Galfridns Chancellour, A. P.
n8o. Hugh de Wells Chancellour. Ann. Pom. 1209. Walter de Conjiantiis
Chancellour under Hen. 6. and Dr. Williams Pean of Weflminlier, and after Bifhop
of this See made Lord Keeper by the Learned }^. James.
C 0 r E N T Tir md L I C H F I E L L>.
F{oger deWijeman Keeper of the Great Seal, Ann. Pom. 1245. ^^dliam de
LangtonTrexhwrer, Ann. Pom. 1226. poger Northhrough Clerk of the Ward-
rope, afterwards Treafurer, Ann. Pom. 1322. Geofrey Ply th Lord? resident oi
Wales, Ann. Pom. 1513. J{owland Lee his Succeffor in the fame OfHce, Aain. P.
1535. pichard Sampjon in the fame, Ann. Pom. 1537. William Smith Founder
of Brazen-Nofe Colledge Oxon 5 in the fame under Hen. 8.
S A M.-
0/nzon^f Chancellor of England, always of the Privy Council, and feldom fe-
parated from the Court, under the Conqueror."" %^er Chancellor,, > 107. and
under J^. Stephen, Ann. Pom. 11 3 6. John Waltham Mafter of the Rook, ^eper
of the Privy Seal, andafter Treafurer of England under (I(ichard the II. Nicholas
Puhwith Treafurer, Ann. Pom. 1407. William Ayfcoth Clerk of the Counfel,
• Ann. pom. 1438.
<SATH
C " ]
'B A T H zni W E L L S.
[Brtmtfirft Lord Treafurer then Chancellour of Engkml, and always of
the Council under Edl)). I. John Drokensford Keeper of the JVardrope, Ann. i ^op.
^bert Stillmgton firft Keeper of the Privy Seal,then Chancellour, Ann. Dom. 1465.
0/mr Principal Secretary of State, 1492. John Clark M2L^tY the Rolls,
A.D. 1523. ^
E X ET E %
Leofr'icm firft one of the Privy Couniel, then Chancellour of England, under
the Conqueror, though Sir Elenry Spelman reckons him of ^ath at that time, and
poftibly he might be of both. William ^re-i^Jier of the Privy Counfel under Hen^
ry the 3. Walter Stapledon Founder o^Exon Colledge Oxon firft of the Privy Coun-
lei, then TTrealiirer under 2. John Grandej]on CounCeWot to Edw. 3.
John Lord Prefident of Wales nndex Hen. 8. Ceryafe 'BabingtonYicc]^xec\-
dent of Wales, A.i^^/i
N 0 IIW I C H.
Hen. 2. by a fpecial CommilTion makes the Bifhops of Norwich, Winchejler,
and Ely,Eoxd Chief Juftices of England in my Authors w oxds,^dalphus de Vtceto,
Archi JuJlitiarios Anglic, who there adds. Clergymen were pitched upon by the
Kings for this employment, rather than others, for that they were the likelieft per-
fons not to opprefs the poor, nor to'refpecft the face of the Rich. John Salmon
Chancellour, 1319- ^hert'Ealdock Ch2,xict\\oux, An. Dom. 1324. John
Wakering Lord Keeper of the Privy Seal, A. D. 1^16.
■ H U <^E E 0 <ilB.
Tl^omas Cantelupe Chancellour, A. D. i 275. Thomas Charlton Lord Treafurer,
1329. John Gilbert in the fame employment, 1386. Thomas Helling ol the Privy
Couniel to Adw'. 4. Charles iBoot/; Chancellour of the Marches of Wales., Ann.
Dom. 1517.
'' ' 'Wo %"c i'S T E %
) Gatfridus Gijfard Lord Chancellour of England Ann. Dom. 1 267. Walter ^y^^
mid firft ^Treafurer then Chancellour of England under King EdTi>. 2. John
Darnis llord Tx^Hxlxix Jim. Dom. 1362"" Henry Wakefield Treafurer, An.Dom.
1376. >- Nicholas Heath] Lord Prefident of Wales and Chancellor of England under
Queen n 10 isJi-^
ii L-'ihvbiyV '■
. J yH ' c H rc H E S T E <]{.'
I
NeW Chancellor of England, Ann. Dom. 1222. But Sir Henry Spelman
reckons it 1226. who faith he was appointed to that Employment by Parliament.
John de Langton Chancellor under Edw. i. and 2. John Stratford Lord Chancellor
Anno
- . . C^' ] _ . . , . „
Jm. T>om. 1360. Mdm M)lins Clerk of the Privy Cburicil, Ann.Dom. t45i'»
And that very Learned Prelate and induftrious Preacher Lamlat Aiidrews Privy
Councellor of England and 5cof/W,under a Prinfce who knew the worth of Leatri-
ing> and advanced it accordingly.
/
%,0 C H E S lr E % - , '
fLj/fer de Founder of that Colledge that bears his name in Oxon, Lord
Chancellor of Englandj Ann. Dom. i 274. John de Shepey Lord Treafurer, Ann,
Dom. 1358.
■ c g ^
0 X E 0 %D:
Hugh Curwyn Lord Chancellor of Inland.
Sc. V J y 1 x> s:
Adam de Houghton hotd ChxriceMov ol England, Ann. Dom. ijy6. Ltndmod
the famous Canonift Lord Keeper of the Privy Seal, Ann. Dom. 1440, and
a perfori much employed in Embaflies to the King of Spain, Portugal,
I might here add leveral Deans and Arch-Deacons promoted to the fame and
like Dignities, and with induftrious Mr. Sto-ft?, take notice that till the diflblution
of Abhies"«.nd Monafteries, the Prior of Chriji Church in London was e\'er a Mem-
ber of the Court of Aldermen; and that the Dean of ^ejlminjier is by his Charter
allowed no fmall intereft in the Government of that "Neighbouring City. But I
fhall not naufeate the Reader any longer with the repetition of any more antient
names, but obftrve (as others have done before me) that in the Catalogue of
Chancellors Recorded in G/oj/er^, amounting to about 170, near a ibo
of them were Clergymen, more than all the other ProfelTions put together can
make up.
' Theie then are the Honours which (if any humane Teftimony can make a
thing certain by an uninterrupted Cuftome (equal to Law) which Wife Antiqui-
ty in the beft oftimes gave them, through all the Saxon, Danes, and Korman timcs^
Without ControLil and Difpute till within thqie 40 years or thereabout,fince w'hich
England hath groaned under the very great fin of Difpifeing the Embaffadors of
Chrift,and with fome it hath been no fmall Jlep to preferment to rail at them, to murmure aty
and decry their ad\'ancements for Jecular ends of their olvn,yea to rank the gredtTruJiees of Souls
ii^ith the Vdcjt Deafaiits in the Elation • as if there were no better way to fhew their
Love to their Redeemer, and their own Chriftianity, than by hatred to his Ser-
rants who conveyed it to them ; as if men had no other Way to manifeft their re-
ipe<fi:s to the Majefy of the great God, but by poTpring out Contempt and oblocpuy upon thofe
who reprcfcnt his Derjon. And thus Corah and his accomplices, great complaint and
grievance againft Mofes and Aaron was. That they were too high, took too much
upon them,Nu7}ib. 16. They were advanced and honoured above the reft,this was
the main Eye-fore, but the revengetng hand of God would not then bear it; Nay
have we not here in England dureing our late and unhappy troubles, heard fuch
Language as this (nay have we not feen the thing reduced into pradife ?) All the
Congregation is Holy, and one tnay Dreach as well as another : Thus would thefe Sons of
G Con-
1
1!»
C " 3
Cqufufio^i have brought upon us a Munfler Confufion and Diforder^hy taking away
of Cdlinp. The Wife God (we know) appointed it otherwifo
Wder the Old Teftament, when every one we know was not admitted to the
Priefthood. We cannot but think, that there were i ooo in Ifraei who knew ho'^
to Killj flay^ anddrefs a Slyeepj Ox^or Goat,as artlfdally as the Sons of Levi,yet none ever
attempted it in reference to the Altar without a fevere rehuh. And was Mojes a more
Prudent Lawgiver or Steward of Gods houie than Jefus Chrift the Wifdomof
the father Would it be fuffered in humane Societies, in any well regulated
"Corporation that every man who fliould conceive himfelf fitter to dilcharge
an Office, manage a Trade, Husband an Eftate, fhould prelently exclude
another legally pofleft of it, and invade his propertys ? "grant this, and farewell
Government, and welcome 'Babel, Let me fay it once for all, 'tis folly for any
to expeH the profperity of theKatmi, whilft the Clergy of it is in Mifery, a Low
and Defpicable Condition, whilft the (acred Fundfcion is depofed, nay with
black ingratitude revil'd j to whole learned labours do we owe the Tranflation of
our Bibles, and who, (as before once was intimated) under God were the princi-
pal Inftruments of delivering us from that Egyptian Darknels our Forefathers fate
m : Is not this like the Deer we Read of in Blutarch,who browled on that Bufh in a
Calm he was glad to creep under in a Storm ? Certainly they are not worthy the
Name of Chriftians or Friends of the Gofpel (whatever their pretences may be)
that defpife and vilifie the Miniftry,than which, nothing more befpeaks a vile and
I reprobate Heart. We all know that under the Law prefumptuoufly to rife againft
theprieft was punifhable with no lefs than Death,De«t. i /.for thefe are the Embaf-
I^dtMTSrof the King of Heaven, and how facred fuch perfons were efteemed by
the Laws of all Nations, all Hiftories do abundantly Witnefs: 'twas the fhame
^f our Neighbour Nation of Scotland, the Murder of the late learned Prelate
tliere, and that fmall indignities offered to perfons of his Rank have been highly
refented 5 the Ammonites are a lafting Teftimony in the days of King David,
and prood Corinth was for no other reafon burnt to afhes by the enraged Romans,
Elorus,
CHAP. VI.
fke Antient EJlate of our Bifhops and Clergy under the tmm of the Britains, Saxons,
Danes and Normans.
!J:|;
I
,d:
Hat incouragement the Clergy found in the times of the Britons will
appear to have been very great if we will but read Arch Bilhop
UJh er de Brimordiis Eccleju BritaniC(Z, through the Series and Sue-
ceffioni of Kings, who when Converted to the Chriftian Faith, were not fcanty
ii|L Conferring Honours and Riches upon them : See him in his Sixth Chapter un-
d^r thefe Refpedtive Heads, Antiquitatis Glajlonienjls Ecdef^e affertio ejr nova ah Ina
rege injlauratio. Brivilegia Varia eidem a Saxonihus B^ihus. A'thur. donatio esr Sepulchri
hxventio. Hen. a. &Edw. 3. Diplomata. Boffesjlones tjr lihertates Ecclefiis a Lucio
B(ege Tribute* Wintonienfis Ecckjict libertates tjr Antiquitates. Fundatio Eccleji^ Sanfli
Betri WeJlmonaflerienJts.B.Marcx DoVerienJis eSr SanBi Martini Ca}ituarie7iJis.AherW2,rds
in his 7th Ch^LpwXjDe pace Britanici Ecdejlispofl captmperfecutiomm Conjlantio Chlortr,
m.
Ju^. Conflant. patre rejiltuta. And afterwards in his 8th Chapter of the 'BrU
tij)? Bithops, Qui yariis conjtliis interfuerunt^ Conctlio Jrelatenji, Sardtcenji isr Jriminenfi;
where any perfons may receive (atisfadiion of the Clegys Honour in thofe firfl
(Britijl) times. In the times of the Saxons what their immunities were will appear
if we inftance in but one fingle one, as more eminent and glorious than the reft:
Their Admiftion to all Publick Debates and AflemblieSi Such were (i)
their Scire GcmoUr,which Spelman and other Learned Antiquaries relemble to our
County Courts, and Sheriffs turn in which all caufes both Criminal and Civil,
concerning Church or State wei-e handled ^ the perlo'ns bound to be preient w^ere
the Sheriff, the Bifhop and all the Nobles of the County ; till at laft: upon their
humble Petition in Par]iament,the Clergy were difpenled with by the Statute of
Marlehorough, 52 Edw. unlefs urgent neceftity required it. Secondly, their
Eolk Oemotts a kind of Annual Parliament commonly held in the beginnirtg of
May, in which the Princes of the Kingdom, Bifliops, and Magiftrates, and the
Laity took the Oath of Allegiance, and confirmed their mutual Union before the
Bifliops. The Original of this is intimated to be as high as King Arthur^ Vid.
Leg. Edw,. Confe^. ^ 5. Thirdly, their Wittena GemottSy or Michel Synothy the grand
Convention of their Wife men.Thefe who defires to look farther into,may have
recourfe to Spebnans laborious Gloffary, E. Gemot. Now out of none of thefe were
the Clergy excluded, but ever reckoned an eminent and principal part of each,
their Counfels Votes and Approbation demanded and given before any Laws
were conftituted.
For Proof of this, we fhall look back above 1000 years to the Laws of King
Ethelberty and the Authors we fhall produce, and on whole Authority we leant
are Bedcy Spelmaiiy and Lambard. And as to King Ethelbert prefently after the arri-
val of Aufiin the Monk here in Englandy we find as Spelman hath it in Spelm. Cone,
126. The King to have called a grand.Affemby, A. 6oy Tam cleri quam populh
In the Laws of King Fw, which Elorcntm Wtgornienfts dates, Ann. Dom. 686.
Spelm. 692. Lambert 712. we find thefe Laws were made and wrote by the per-
fwafion and advice of his Bifhops Hedda and Erkenwald; and though the Learned
Spelman Excerps out of the body of thofe Laws only thofe which more particularly
relate to the Church, as being only proper for this defign, yet Lambard mentions
many Civil matters th.ere determined. And when the great League and Union
between the EritonSy Saxons and TiBs was concluded, we find it Ratified per Com'
vmie Concilium ^ affenjum omnium Epifcoponmty Erocerumy Comitum <sr omnium fapientum
feniorum Sc populorum Sc per preceptum regis hice. The very manner 6f our pafTing
Laws in Parliament now ufed in Englandy Eed. Ecclef. Hifior. I. i. In the Laws
of Athclftan about the year ^i^.{Spelm.^ii) there's no mention of any other
Counfellors for the enadting, though certainly the form was the fame, but his
Arch ^iJJ>op llfloelme and his other Bifhops,and thefe were at leafl: the prime perfons
there, though the Body of the Laws concern fecular affairs. Spelman feled:ing
only Ecclefiaftical, yet in the Title he owns others paffed. In the Laws of
Edmund about 946. the King had a full meeting of Ecclefiaflicks, and Laicks at
LomloUy in which were prefent Odo and WuBan the Arch Bifliops, none of the reft:
thoughwdthout doubt there prefent once named.Again 948.to a greatConvention
of the Eftates at London undcx Edredy Writs of Summons are iffued out to the Arch
^iJhopsa.nd3ijhopSy tind yet then agitur de negotiis (Hegniy Ingulph. p. 87. Spel. Cone,
p. 428. Come we to the 1021. we find a Publick Affembly called at
Winchefter by Canutus, where were prefent Wulfian and Adelholme the Arch Bifhops
with
M 3
with other Bifhops Dukes and Earls, Ct-c. Sfelm. Cone. f. 534. Now diireing
theie two Periods theres no mention of Baronies, but all the Churches tenure was
in ^tura Ekenv. fyna^ Frank Jlmoigne and the Bifhops fate onely as eminent Prelates
by vertue of their Spiritual Dignities ^ for there being hardly any Laws but lome
way or other concerning Religion,and the good of Souls ; therefore in the en-
acting of tnem the Cergy was ever required by our Prudent Anctftors. Thus
much for the Grand Affemblys, ftiled ufually by the Learned Knight Sir Hmry
Spebnan Tan Jn^lica'a.nd Fan ^ntanica. We will only mention the Private Statute
of King Ed^ar which was thus, ex omit comitatu bis quotannis con'Xmtus a^itar cut
qutdemiiitus Vtocdfce Efiifcopu^ Zsr Senator interJuntOy quorum alter jura diVina alter popu^
hm edoceto. Nor doth Mr. Selden no friend of the Clergy ever deny or c|ueft:i9n
but the BiOiop was joyned in Commiffion with the Aarlderman,nay he expreily
affirms the fame Titles of Honour,- /. 2. 5. Hitherto of the Fritijl?, Saxon^ hantf?
Governments, pafs we down to the ISlormans, and here we have King William fo-
lemnly with an Oath ratifying the Laws of St. Ed^. the Confeffor, and this parti-
cularly is added.5/ qutsjanHcZ Eccleji^pacern infregeFit Epifcoporwn eft JuJtitia, Lamhardy
p. 13 p. And in feveral Old Precidents of Grants fuchClaufes as tht^tOccm yKolumus
quod lihertasEccleJi<x. per nos "Vel minijtros nojlros quofcunque aliqualiter Violetur kS' jura iU
hertatesEccleJlaJlicas ilLefas yolentes in omnibus objeryari.Yet more particularly in aChar-
ter to the Church of St. Tauls in London , T^am liberam yolumus Ecclejtamy V. Fault
LondoUyquam Jit anima me a in dieJudiciL
And here now at laff we come to that great change in the State Ecclefiaftick,
the Bifhops who had ever enjoyed the privileges of Majores Tl?ani among the
Saxons are tranflated to Barons, which gave occafion to that groundlefs error of
fbme, to date the firic fitting in Parliament hence, as if the Conquerour to
curry favour with the Clergy, and the better to fettle his new gotten JQngdmy
confered this Honour upon them; But certainly if the,: were truth in this,
the Clergy are much to blaim, and very ungrateful to their Patron K^. Wtlli'^
amy for that we find them lookers by his favours, and looked upon their
Condition under him much worfe than before, and all the Waiters of that Age
mufl be corredded for reprefenting him,as a perfedl Enemy of the Church. To
clear up this we will only give you one Inflance, cited from an Old Record, En-
tituled. Liber SanHt Jlbani. Where w^e read this Paffage of Frederick the then Ab-
bot of 5t. Albans, that to obflriidl the March of the Conquerour , he caufed all
the Trees round to be cut, and laid them crofs the ways, wLerewith the Con-
querour being ftopt in his march lent in fome paflion for the Abbot, who under
his fecurity coming to him, the Conquerour demands the Reafon for the cutting
- down the Woods, the Abbot refolutely anfwers him, that I have done, but what
became me,and if all the Spiritual Ferfons through the Kingdom had ufed their En-
deavours againfl thee, as they might and were in duty bound to have done,Thou
wouldfl never have been able to have entered the Land thus far. The Duke then
replying. Is the Spiritualty of England of fuchFoipert if I Uye and enjoy thaty which
1 haye gotten, I will make their Folder lefs. Add to this that flategem of the iQntiJl?^
men in furrounding the King, and forcing him to a Compofition , which they did
under the Condudb of Stigand their Arch-Bifhop, which thing ever after netled
him, and that he was never heartily reconciled to the Church . and proved after-
wards as good as his word to the AbbotyOipipxehFm^ the Clergy all his Reign,bring-
ing them under Knights-Service, and Ordering how many Souldiers each Bifbop
fliould maintain for him and his SupcefTors: the Church,as beforefaid, being ever
' " ' "" ' " ~ free
s?2,
C M 1 ,
free from that bondage. Let no Man then fay, that the Conqueror (who was c-
ver looLd upon by the Bifhops as their Enemy) did them any A(ls Grace or td-
your by erecting each 3ip?oprick into a "Barony^ which thing was ever by the Bif?bps
look'd upon as a grievance, and a more glorious piece of tlavery. This was in-
deed a Ihrew'd fliaking to the , yet flill they prfeiVd (heir Votes in ail
JJfembli s, and Parliamentary Summons are ever directed Jrthiep. Bp.
all anticiu Charters and Grants iubicnbed after the ufdalForm inthoih rimes,
hus Jrchicp.Bp. In a Treatile Entituled, The Form and Mannor of keeping BarHaments ,
>\Lcreof it ieems there are two very antient Copies,theM.S.in Jnh Bodsylie other
in Sr.%pbcr Cottons Library , the ftrft of which-was-perufed by M. Seldeny and he
allows it to be as long ftanding, is Edlpi-^d'. byt the Lord Chief Juftice Cooke adds'
n^ar 200 years more , and raifes itto-tlre Conqueror'stivnQ (which the Title indeed
pleads for) wc are here told,that 40 days before Summons are to be ilfued out to
Jrchbi(]?ops,BiJhops, md other gYCtitCldrks , that held by Cowit)'or , and
that the Cler<ry in each Shire arelo have Two repreienting them, which in
foiT e things had more Power than the Bijhops, for we are there informed,that the
K. may hold a Barliamcnt for the Commonalty of the Realm, without Bifi-ops, Earls^
or Baronsy lb they had fummons, though they come not, but oh the cottrary,
if the Comnionalty of the Clergy and Temporally being warned,either doth not, or
will not come, in this Cafe whatever tfie King doth with his BiJ}?ops,Farls and Bd-
roH^is oh noneeffedt, for that to all ATNccejfity the Commonalty o£ Barliameht
muft confent, i.e. the BroHors ol the Clergyy Kyiights of the ShireyCitl^ni and Bw'
r,for their Perlons reprefent the Commonalty ol Efigland , but the BiJhopSy Earb,
and Barons reprefent only their own Perfons. There is,they fay, another M.S. in
Bihl.Cotton , confirming the fame, and citing other large Priviledges of the Cier^
y, I know indeed Mr.Prmn? hath queftioned the Authority of both thele books,in
Bar of which I return the Authority of Cooke, and Setdeny and particularly the
firft , who faith, in his Injhtutesy that 26 Spiritual peribns ought ex debito JufiitUy
to have a Writ of Summons fent them every Parliament. Thefe things pre-
m ifed, we will now defire of the Clergies greateft adverfary that he would
produce inftances of any folemn meetings, Wtttena gemots or Parliaments
whereunto the Clergy were not iummoncd • any Statutes publickly ena(5led
during all the Chriftian Britipy Saxon, 'Damp, or Norman times, without their
axfiftance and advice. As for the precedent of their Exclufion under Edm. i.
at the Parliament held at St. Edmondsbury, which fome triumph in, if there be
any truth in the Narrative (as hath been, and is flill, queftioned) We know^
and can prove,'twas done in a pett and tranfport of Royal difpleafure for their
too obftinate adhering to the Bifhop of %ome in the Scottip? quarrel, and for
their noncompliance with theirKings demands. Who yet the very nextParliament,
about a year after, makes an Apology for this charging all upon the Exigen-
cies of his affairs. And why fhould this fingle inftance fo circumftantiated be
urged more againft the Clergy than that other is agaiiift the Lawyers. who
were fhiit out of a Parliament under Elenr. lY. where we yet find the Bifliops
and amongft others, Tl?07mts Jrundel ftoutly refifting and preferving the Cler-
gics Temporalities, which thefe Church-robbers gaped after, who, fo they
might Jpare their oypu Burfes were content to fpoil their God to relieye their Kjng^
Certainly if envy it felf could have found the leaft colour of Law to deny them
this privilege it had never been referved for this laft, and our moft unhappy
age. M.any cjmes have they been ftruck at, many great blows have they re-
(T
C-b.
£ . ■
ceived, as at Clarendon^ under iienr, II. where their wings were indeed much
dipt, yet their privilege of fitting and voting in Parliament is left entire to
to them for that the words arc Epijca^i interfent CurU 'Domini cum Damuhus
quoufque peryeniatw ad dmimutionem mmhrorum yel mortem, and though they never
voted of late in Capital Caufes, yet that they however made their Proxies I hope
(hall be made appear by what follows, together with their forbearing to vote
in Capital Caufes, and the reaion of it fhall be . farther difcouried of.
CHAP. VII.
17?^ Ejlate*of the Difhoq>s and Clergy from the Conquejl (as to their Fating in Capital
Caufes in parliament) till the times of K^ng Henr. VHI.
B have, before intimated the common ufages and rights of the
Bifhops to fit and vote in Parliaments in all antient times, and
that as Peers and Barons of the Realm, we now aver they have
a Power to fit and vote in all, as well Criminal as otherwife, either by them-
felves or Proxies lawfully conftituted, which is a privilege of the Peerage, and
therefore, belongs to the Bifhops as fuch, 'tis very well known what Mr. Selden
hath wrote in his Book of The Privileges of the Peerage x)f England, that the '
Bifhops was debarred of their privileges by an Ad of Parliament 17 Car. I,
Ann. 1641. and that he was a great notorious ffickler m it, but 'tis as notorious
that not long after we find the Commons, nay a fmall and inconfiderable part
of that Houfe, voting the Temporal Lords ufelefs and dangerous, and that how
, they were enabled by being affifled by the help of Crojnwell the late Ufurper,
and the Army, to accomplifh what they had begun, and the bad confequence
of all we have feen with our eyes, and Bifhops God be thanked reflored to
their undoubted Rights and Privileges, and that for as much as they were e-
qually Barons (nay the Bifhops had ufually the firft in "Summons) they have
alfo equal privileges to make their Proxies in Parliament as the Temporal Ba-
rons had, we confefs, as before, for tlrat they were Spiritual perfons they w^re '
not by the Council of Clarendon to fit in Capital Caufes, and lofs of limb, but
then we muft know that long before this they both had and exercifed this Power,
as may be made appeaj out of/ohn Cr^wpton's C/;ro«. c. 24. where amongfl the
Laws of AtJydJlane -.7e read, Epijcopojure pertinet omnem reHitudnmn promoyere Dei
( viz. ) c^ J^cuii er dehent Epifcopi cum f<eculi judicihus interejfe judiciis, and the or-
deringof all .the Meafures and Weights is there made of Epiicopal cognizance
the Standard being flillleft in the Bif]K)ps hands,'and out of Sir
Clojfary, yoce Comes. Comes pr(efidehat foro comitatus non folips fedhjunHus Ep fcopo, ut
alter alteri auxilio effet 0- conftlio, pr.tfertim Epifcopits Comiti nam in hnnc illi ammad"
yertere J^pe licuk 0 errantem cohibere, lo much confidence did the Antients repofe
in the Clergy that the guidance and overfeeing of mofl temporal affairs was en-
trufled to them, nay, they had a check upon the Laity. And thus lovingly
with all fweetneis and candor for 4 or 500 years, - during all the Saxons times
and till that unhappy divifion by the Conquerour, \yho defaced this beautiful
and regular compofure did rlie Church and State-Oificers fit together in the
morning determining Ecclefiaftieal affairs, and in the afteriidon Civil, Tnere
were then no jars or elafliings cf jurifdicffions heard of, w prof^ihitions tf'
Juing out of ojie Court to obJlruFlthemirfeofjujiiceinanother'y thereby hampering the
poor Client that he knew not which way to turn himfelf ^ and I am perfwadeff
there is no better expedient to prevent Lifting vexatious fuits, and to relieve the
opprefted, than again to reconcile thele two jurifdiiftions, that according to the
primitive ufage as well Spiritual as Temporal Judges may be appointed in
all Courts, l^bat iVLo/ri and Jaron may not interfere and quarrel, but walk
•hand in hani Though I know th^s deftgn does not tellifii with many of the
yet ^tis feared that atteuipting Idme fuch thing purchafed the lat^
Archbiftiop Laud no few enemies and Was one efpecial caufe of haftening
his mine ; yet we find Mr. Selden a Lawyer too, lib. i. de Symdrlisj proving
that forthefirft 4000 years and better the Civil and Ecclefiaftical Courts com
tinned United, and the firft diftindtion proceeded from Pope KichQlaSy Grat'im,
c. cum ad yeruniy and that the Clergy do not medcUe perfonally to vote
m lois of life or limb proceeds from the Canons of the antient Cliurch which -
forbad their prelence in cafes of blood, but I hope that no fober man will
hence argue that they being Barons of this Realm they muft lofe tlftur FrivL
ledges which belong to the Spiritual Lords as well as to the Temporal 5
To make Troxies though m Cafital Cattfe^ (irhcn by the antient Canons of the Church they
4re forbid to be prejent.^) which they have done, and ftill have fight' to doe
comes next to be difcourfed of.
And (firft) I fliall make ufe of Mr. Selden s authority, though rib friend
to the Bifhops, ( for reafons he beft knew of) who exprefsiy faith in his Book
of the Priviledges of the Barons of England, Printed 1642; that o?mes Tr^elati^
Magnates, &lc. had this Priviledge. IntroduH. Though he fays there they ha4
loft It by the Parliament xyCar. i. 1641. I hope now they are reftored tq it
again, that they had before he gives you fiindry inftances Cap. 1. thefe are
•his words ^ 2. That the cotirfe of Elder timoYas not that 'Barons oitely ntade Troxies
hut ^ther men, as Bijhops, and Barliamentary Abbots, and Briers, Ti^hogaVe their Let''
ters ufually to Barfons, Brebendaries, and Canonifls. In the Barliament of Carlifte un^
der Edw. 1, the 'Bifwp of Exeter fent to the Barliament Henry de Pynkney Bar^
Jon of Houghton as his Broxy. The Bijhop of Bath and Wells Je'nt William of
Cherkon a Canon of Ins Church, and in like Jortother of the Spiritualty of thattirmy
in the heginnmg of the i yth year of Kjng Richard the Second the Bif^op of Nofe'
wich made Richard Cotqueaux being then Veane of the Arches, Thoma^ Hederfet
Archdeacon of Sudbury and John Thorp Barfon of Epingham Broxies
by the name of Procuratorcs five Nuntii, and in the fame time the BifCop of Pur-
hamk Bi ■oxtes were John Burton Qwn of Bewdley, and Mdfter of the'.. B{plls and
. John of Wendlingborough Canon .of London, and other like in the fame time. By
which alJo that of the preamble of the Statute of Praemunire h under food, iiBere it is
faid that the orhice of the I.^rds Spiritual that was prefent and of the Brocurdtors of them
that were ahjent, was demanded. The like under Henvy the qth and 'jth, .are found in
tlje Bylls, and under Henr. y the Archhtfop 0/York giyes the Broxies to the Bifl?op of
Duvha.m, and to two other Clerks cf his Broyince. "Hay farther, that the BiOlops ufed
to give their Proxies in Cafes of Attainder, the Laid Mr. Selden exprefly faith in
the place forecited,and alio what fort of perfons they ufed to make their Proxies,
he there likewife tells you,, adding withal this unhandlom reflexion^ That the,
Lords Spiritual had fo much miflakn of late tk Laws of the Kjagdom, and the Original df
C ^8 ] -
thekown Honom by eiideayouriny^ to enlarge the ^mgdoyn of Antkhrifi, that they had yiotP
(he means, J. D. 42) lofl, both friViledge ami Vote tn ^Parliament. All lharp, Reply
to which I (hall purpofely forbear/ And fecondly, proceed to fliew you ex-
prefs Precedents wherein they have Voted either Perfonally, or by Proxies in
Capital Caufes, and here I will produce Mr. Si/Jmhimfelfjthe Bifhops adver-
fary become their advocate, who laith exprelsly p. iz'y. lib. cit. That though
in the Cafe of Appeal of Treafon in a Parliament of the 11 of Pochard the
Second commenced by Thomas Duke of Cloucejler and others againft Alexander
Ai-chbiftop of York, pohcrt de Vere, See. they abiented themfelves, 1 mean, the
whole Spiritualty in that Parliament, and would make no Proxy in their room
fo/that time, yet afterwards they agreed to do it in Cafes of Judgments of
Death, 'Pari x Henr. 4. Cr tot. Pari t Henr.5 .But he there faith,that the firft
ufe of fuch Proxies was 21 Pic. 2. fo that we have him confeifing the Bifliops
nttlha in cafes of blood by their Proxies, the next authority I (hall make u{i
bf, is" a Parliament Roll it felf, of that year as I find it in Sir totm Cotton's
Collecliohs intitLiled as followcth. Flaata Corome coram Tommo P{ege in Farhamento
ftio apud V'egnionaft. dU Lun^ proximo pofi Fejbmi Exaltationis SanciaCrucis,Anm
h'rni Ric. 2. Fofl Comiueftum zx. The Roll it felf you may fee in the
Tower among the Records there kept. It is of an Impeachment of the Earl
of Arundel Warr. See. for Treafon, the Articles were exhibited againft
hirri by federal Lordsj ,as Edmard Earl of putland, Thomas Earl of .Jfent, John
Earl of Buniington, See. which the faid Lords were ready to prove the Crimes
objeiSted,. and demanded the Prifoner to be brought to the Bar, which the Lord
TdeVil tfxen Conftable of the Tower did, and the aforefaid Lords in their owii
Perlons appeared alfo. His Articles being read, the Earl of Eancaflei Lord
Steward ol England by tne King s commandment, and ailLnt of the Lords, de-
dares the whole matter. And thereupon the faid EarLs aniwer to the Articles
w^as demanded , who pleaded two, Pardons, and prayeth they may be al-
lowed but they were not, whereupon Sir Walter Clopton Lord Chief Juftice de-
rhands' of him what he had firther to fay, for that if nothing more to fay
the Law would adjudge him guilty. And the laid Eaii not pleading any thing
elfe the Lords Appellants in their proper perfons require that Judgment
may be given againft the faid Earl, as Convid of the Treaion aiorefaid.
Whereupon the Lord Steward of Fnghnd, by the affent of the J^tng, Eifiops and Lords,
adjudged the faid Earl Guilty and Conyict of all the Articles^ afoyejaid, and thereby a
Traitor to the Kjng and Pgalm, and that he poidd he therefore Hanged, Drawn, and
Quartered, and forfeit all his Lands in fee, See. though the Puniihment, in regard
he was of Moble Blood, was changed, and he w^as ordered to be Beheaded j
which W4S done by the Lieutenant of the Tower, and this is a iliort account
of that Trial for Blood in Parliament. Where his plain and evident that the
Bifhops w^ere there prefent, for his faid, that the faid Earl was adjudged Omlty
and ConViHhy the affrnt of the Kfng, 'Bipods and Lords. (Z.E. I). Next we will
produce another Inftance and Precedent of the Condemnation of Thomws- Arun-
del Archbifhop of Canterbury, who was accufed by the Commons in full Parli-
ament die Lr loco prHiHis, where we find the Commons by their Speaker Sir John
!Buffy Petitioning the K. in manner following. For that divers Judgments l^ere hereto-
fore undone, forthat the Clergy were mt prdent, the Commons prayed the Kfng that the Clergy
would appoint form to he their common froltor withfajfident authority thereunto. Where-
upon the cietoj appoint Thomas de la ferey by their Inftrument their Prodor,
. , /L ^9 1 , . , - • ,
who together with the King and the faid Lords adjudged him the Laid Archr
biiliop guilty of Treafon, and hiinfelf a Traitor. The Crimes obj^ifted to
him was his traicerous obtaining a Commiirion from the., King, whereby
the Kings Koyal Power was encroached, his Subjedls put to death withouf
Royal AfTent, for all which he was found guilty as aforefaid. Wnat I
obferve in brief is this, Irom this Trial. , .
(i.) That there had been divers Errors in Judgment,, which Judgments wero
in Law void, for that the BiiTops were not prefent, (2.). That hereupon the
Commons Petitioned the King that the Bilhops wonld appoint their Proxy, and
which accordingly they did Tho?}m de la 'PoTj'.(^.)He was Condemned by the faid
Court wherein fitc fcrcy accordingly.(4.)That the laidBiniops did not Vote there
perionally, for that the Arch-bifhop their Primate was Arraigned and it might not
be fceinly for them fo to do. And here wc have the Cafe adjudged, Judgments in
Parliament Reversed, for that the Biflrops were not Prefent by themfelves or
Proxys, the Commons Petitioning the King that they would make Proxys, a
Judgment obtained for that the Biihops had made their Proxys. Q^E. T>. And
if any be not fatisFied,. jhey may fee the Roll of Parliament as before,, among
Che Records in the Tower to which they are Referred. Furthermore to make
another difcovery of thclncondancy of the faid Mv..Selden, I fiiid him in his
Tiiles of Ho;zo//r in the latter end of bis Book , ConfefTmg that, 'Becket
Arch-biibop of Canterbury was Condemned by the Sifbop of Wdichejler. in Cafe
of HighTrealon, Fid. Titles of Honour. , And if any perfon would but a little
redcT upon the Reafon, why the Sifhops have not fometimes Voted, in Cafes of
Blood but by Proxies ? Their rel'pedt they.had to the Canons of tlie
Primitive Cburch,which might give them umbrage for their fo doing : And coge-
ther with this, what hath been laid before, of their being frequently appointed
by the King, and adfing as Lord Chief Juflices of anyperfbnof an or-
dinary Capacity may guefs at the Reafon of their forbearing to Judge, in Matters
of Blood for the Reafon aforefaid, and their ready and chearfull compliance
with their Princes Command ^ \^hen by the Law, of this Land they were ena-
biedforodo^ and which is a fufbcient Superfedei^ to. the former Canon of the
Church. Another Precedent we have of the Bifbops Perfonaliy fitting in Par-
liament held at JVejlmtnjler on Monday next after tbe Fcafl of All Saints, 111 cbe 3 d,
lA Hen. 5. wherein Htwy Biflrop of JTmlon w as Chancellonr, wherem.was Try-
ed Earl of and others for Treafon, for having Levyed men a-
gainfF the King, and procured £dzz;z.W Earl of ,Mzzx/? as .Heir to ^ck. 2. to take
upon him to be King of Englpid, and had Proclaimed him fucb in IVales, and fet
one T/. wui Trc/zzpL^^lczz an Ideot and ScotAmnji to Perfonate Bfch. 2. where the
faid Earl, and others liis adhcrenrs in that Action, were Tryed and found Guilty j
tie Lords Spiritual in. Parliament being Prefent,Cv"C.See the Records in theTower,
Ta;/.3.H:.5.p.2.A'f.q.Many other Precedents of a later Date.and Time might be
here Ax ya/xraAczLwh added, but t fliall referr them for the matter of another
Cliapter, the) being all of them taken out of the'Journals of tbe Lords Hoiife
beginning in 3 2 Hen, 8. and ending 29. Eli^ 2. I might have enlarged in thefe
which I have taken out of theTower, but I have purpofely forborn to do it;
ipr that I find Mr. Seldm himfelf in the ^days" of 1642. granting me the
Matter of Fad as clear and evi4ent from the Ancient Records in the Tower, of
the Spiritual Lords Priviledges in this Matter. will now proceed to another
.Argument that the Aifliops have Right to fit iij all Cafes as well Capital as CiviL
For that (4.) they are undoubted Peers of the Realmj which alfo I find Mr. Selden
I himfelf
C 5° ]
himfelf his TriViled^es of the 'Barmiageof England, p. ipi. For there
he faith, Though fomehal^e doubted (wQk.noyN whom he means) lohether the Spiritual
Karons are Veers^ he jaith there, that they are fo, is true and flam, and the Teliimonies
viany (tjp- yarious, as in the'Bip^of of Wincheller'i Cafe, who departed fro??! the P arltament
at Salisbury about the hegmmng of Edw. andy>as quejlioned for tt afte?'Tt>ards in the
E\ings Bench he pleaded to the Veclaratwn, Quod iple eft unus e Paribus Regni 8c Pre-
latus, and in that f'/ort Bifputation of the Caje, iphtch is lef in the Tear Books 5 he is
fuppojed both by the Court and Council to be a Beer. But lor this if his Authority be
not good, the Year Books themielves may be leen. Bifhop of Wtnchefters Cafe,
Tear Book, 3 of Edw. 3. And PaJ. ■^. Edw. 3. coram %ege Bot. p. Bep. So afterwards
lee the Bifhop of Cafe in the Year Book, 3 Edw. 3. in a Writ of Wards
brought againft the Bifhop of London 5 he pleaded to Iffue, and the Defendant
lfl!U could not have a day of Grace for he faid (as the words of the Book are) Tl?at
a Bijhop is a Peer of the Land, 8c Hdc erat caufa. Year Book, 3 Ediv. 3. fol. i 86.
pi. 28. And in ahke Cafe, an Action of Trefpais againft the Abbot ot Jbmg*
ton who was one of the Lords Spiritual, day of Grace was denyed againft him,
becaufe he was Peer de la terre, i 3 Edw. 3. Titulo E?icpuej}. So exprelly upon a
queftion of having a Knight returned into a Jury where a Bifliop was Defendant j
the Rule of the Court was that it ought to be fo, becaufe the Bifhop was a Peer
of the Realm, Plowden Co?mmnt. pl.wj. So the Judgment given againft the
Bifhop of EToririch in the time oh Bl^^h. 1. he is in the Roll exprefly allowed to
be a Peer. We find alfo Stafford Arch Bifhop of canterbury upon his being exclu-
ded the Parliament under thus challenging his place. Ego tanquam major
par Bggui poft Begem "Voce??! habens jur^e Eccleju mea tantum yendico, 8c idea mgreffimi m
Parlmmtumpeto.^ Tne fame may be made out farther by an Jifignment of Errors
under Hen. 5. for the revearfal of the Attainder of the Earl of Salisbury, one Er-
ror is ^ffigiied that Judgment was given without the A(Cent of the Prelates which
were Peers in Parliament, which is clearly allowed in the Roll and Petition too,
that they were Peers. So alfo in an JH of Parliament under the fame K.ing,Sfiif.4.
JM ! Hen. yc.6. where the Arch-Bifhops and Bifliop^re called Peers of the Kingdom.
But of the truth of this Mr. Selden himfelf Path, j hat no Jcruple could cTer he ?nade till
j;|l 11 the unhappy AH of the 17 Car. 1641. And how that AH was procured we all know,
' ■ " How full of tumults and uproars were thofe Times ? to how great a diftrefs was.
Majefty then brought ? How many Repulfes did it meet with ? Was it not Paft
to ferve the preftnt Intereft ? and by what fubtile contrivance was it at laft carried
it is very well known r Have we not reckoned the Date of our late Embroilments
and wild Confufions from this fatal Apocha^ Under what Mileries, Violencies,
and Rapins hath not our native Country for 20 years time from hence to be
reckoned, with fb rr»Mch pitty from all true-hearted Englijh-menlon^lahouted
and groaned ? and the whole Chriftian-world about us ftood amazed and agafht.
All the Wealth which the Piety of our Forefathers had been fo many years
in heaping up, all their Priviledges which their prudence had fo deliberately
conferred, being in a few days PafTion fwallowed 'up. Had thofe good men,
the then Bifhops, unadvifedly acted any thing againft their Prince or Kingdom,
could no Perfonal-fine or punifhment expiate their Crime and fault? muftthe
whole Order be raized, and Epifcopacy it felf deftroyed root and branch?
jnuft fo many merits of their worthy Predeceffors be buryed in the grave of
ungrateful Oblivion ? It were an eafy matter to produce a large Catalogue
eminent Prelates, who by their prudent advice have oftentimes prevented
pioodfhed, preferved Peace^ favcd a finking Kingdom and a dying Religion,
■ - — - ^ many
L 3' J
$-3i
many good works have they done amongft us, many Colledges and Schools
erected and endowed, many material Churches by tlieir munificence, and living
Temples of the Holy Ghofl built by their Miniflry^ and for which of thefe
muft they now be thus dealt withal ? thus disfranchiled ? That they who here-
tofore carried the principal ilroke in all Cabinet Counfcls and publick Diets,
are acknowledged m leveral recorded Statutes of this Kingdom, an high, and
one of the greateft Hftates of this Kingdom, as particularly 8 c. i. that
they are Peers of this Realm, 25 Edw. c. 6. before recited, and 4 Henr.y
c. 6. muft now be debarred thole immunities of which our Nation hath ever
reaped the greatefl: benefit, they mull be curtailde in, or excluded from, wl-at
is their juft right, to Vote as Peers in the higher Houfe of Parliament,
certainl)^ ^tis now high time,ifever, for men to relent of their mercilefs cruekv to
to learned Indullry; the crafty '/e/wile, who is now at our Doors, thinks his day
is coming, this will make him keep a Juhde^ to fee England fall again by her
own hands. How much ground hath he got by debaiing and pouring con-
tempt on our Englijl? Clergy, (of all the World) whom he moft dreaded ? Let
Us but enquire of other Nations, our Neighbours, and they will tell us, That
the PvOgliili Thme is the terrour of the Papal-ii^or/cf, and that they haye wrote fnorCy
and better, agamji Rome, than all the iVorld be fides. We ought not to take pleafiire
in Lipbrading an ungrateful Nation: But is this the reward of their unwearied
pains, incelTant ftudies, early rifmg and late watching, beating their brains,
wafting their bodies, and contracting incurable dileafes, negleCting their fa-
milies, relations, and accquaintance for the glory of God and good of their
Countrey ? Muft they onely have difcouragemerits heaped upon them, breaai
and water, and raggs (If fome men had their will) thought to good for them ?
Muft another Profelfion, of which a Forreiner, byway of difdain, faid, Cauju
diet Jngli gens indoBiJfima ultra Voroherniam nihil Jafmnt ? Muft they get honour,riches
and preferments without the regret and frowns of any, nay more in 60 years laft
paft than Divinity in doo preceding,and if the matter was not invidious I could
eafily make appear ; ftwas an old Nulli fua fietas debet effe damnofa,in earneft,
This is not for the honour of the Gofpel, neither doth it become the Refer-
mation. Of late years fome of the Long %obe, no wellwifhers to the Church,
whofe names I forbear, have ftarted a very unhappy and deftruCtive notion,
and not over beneficial to the EngliJJ? Scepter • and there yet w^ant not thofe who
with much induftry keep this notion up, that the three Eftates of this Nation
confift of King, Lords and Commons, which how far it may countenance for-
mer aCtings and endanger future difturbances, I humbly fubmit to the prudence
of thole w^ho fit at the Helm, and are much better able to determine than my
felf; But the confequences of that opinion feem direCtly to aim at the Level-
ing of Sovereignty, and making it accountable to the other two in their efteem
Coordinate Eftates. Now by reftoring the Spiritualty the only true third Eftate
to its due Pvights and antient Priviledges, for that it is the true third Eftate, the
Lord Chief Juftice Cook faith in the Fourth of his Inflitutes and tht ACfof Par-
liament of the 8 of Eli:^. c. \. fpeaks to the fame thing, this may be the moft
ready and moft natural expedient to remove that deftruciive and dangerous opi-
nion out of the minds of an unlearned and fickle multitude. So may the Crown
be fafe, and the Mitre no longer trampled on. Et cpu^ 'J)ews olim conjunxit, nemo
hot Jequiori f<^culo feperet^ Faxit hoc Vcm qui folios potk eft
CHAP.
59
C
CHAP.
3^
]
VIII.
y
^recedeffts of the Bi(ho^s Sitting a-nd F'oting in Cxfitnl Cnufes from the Reign of of King Hen. 8.
till the 2gt\\ of'EW.T.-
I fhall begin with the Attainder of Crowrve/Earl of i^/7ejc,who was attainted in Parliament
forTreaton, &c. the Articles are every extant? and may be Icen ; the firft reading of
his Bill) as I Hnd it in the Journal of tlie Lords Houfe was upon the lyth o^g^une,
8 th, at which reading were prefcnt Pourteen Bidiops 5 who they were you may fee in the
Journal,-at the fecoild reading, which was the 19th o^flineQ'( the laid year, 52. Hen. 8.
v\ere preient fixteen BiQiops, whole Names, and Sees there ycu may find ; at the third
and lalf reading, were fixteen likewife, Kid. journal ut fupr^i-) the Dill it felfpaft the
Royal Alfent,the 24th ofj^«i^ foLlowing,when were i4Biniops prefent. The nextflaallbe
the Attainder of Duke Norf.Tind Henry Earl of Surry. 38.//. 8. This alfo was an
Attainder in Parliament: The firft reading of the Bill againft thefe Noble Lords, was on the
18th of^muiry, y^nno Regisfuprd diclo, when were pr Lent ten Billiops; the fecond fea-*
ding, was the day following, when were prefent nine Bifhops: The third and laft reading
was on the 20 th of the fame Moneth,. when were prefent thirteen Bifhops ; the Bill paft the
Royal Alfent, i^th, 1^. Hen. 8. the Bifhops likewife then prelent. The third in-
ftance of Hn. D. of Suffolk, which indeed was an Attainder at Common Law, but after-
ward coiifirm'd in Parliament. j4. i & 2, Phil, et Mat. at the firft reading were prefent
12 Bifhops: the Bill was read, 5 ^nn. Hnno fupradi^Oy at the 2 J. reading, which was two
days after on the yxdaolgfanuAry were prefent eleaven Bifhops; and on the next day, the
Bill had its laft reading in the Lords Houfe,at which were prefent eleaven Bifliopsthe Lords
SpiritualjWere likewife prefent at the palling of theBilhwhich was on the 2 i of follow-
ing; in each of thefe,the Journal if confulted will fatisfie any .The 4th Precedent lhall be in
Seymore^\\Q, Lord Admiral, who was attainted for Treafon, in the 2d.of Edrv. 6. for that
he purpoled to deftroy the young King, and to tranflate the Crown unto himfelf; for
which, and other Crimes objefted, he fuffered Death, on the Tower-Hill: at his Attainder
were Prefent nineteeen Bifhops. I might have before added the Cafe of the Lord
Attainder in Parliament5 who was condemned in Parliament, in the 32. of
Hen. the 8th. at whole Tryal and Condemnation, were Prefent no fewer than feaveli-
teen Bifhops,/^/^^.Journal of the Lords Houfe^I will only add two more Precedents,and clofe
with them-, they are in the Reign of the Peaceable Queen Elizabeth^ in whole times if
ever, the Aftings in Parliament were regular, and orderly : the firft is , the Cafe of the
Earls of AforthumberUnd and EEefrnoreUnd^ for their Rebellion in the North, andendea-
vour to bring in Popery, at whofe Condemnation were prefent thirteen Biihops, Vid. Joiir-
nal, and laftly that of Pagets, in the 2pth of the faid Queen, at which were ten Biihops,
/^/W.Journal as before ;! fliall only add one thing more, and that is the Proreftation of the
Biihops. II. R. 2 where they give the reafon why they refufcd, to be put in fome Parlia-
ments , their words Qwa in hoc Parlumento agitur de nonmillis rnateriis in quibus non licet no-
bis juxta facroritm Canonum injlituta qmmodoltbet perfonditer interejfe j but they there add a
Sdvo to their right, in the beginning of their Proteftation. Quod Hrchepijcopum Cantudr.
qiiipro t mpore fint f n:c non cxteros fuos fuffraganeos Confratres, Co-epifcopoSjHbhates et Prio-
res aliofque PrnUtos quofcunque Boroniarnde Domine.Rege fdentes in Pdrliamento Regis ut Pares
prdd.perfonaliter interejjepirtinetyi'bidcniq.^deregni negotiis aliis ihi tradari ccnftetiscumcxteris
dicit regni Paribus <jr aliisconftlere,ordinatefatueredefnire accxtera facere , quaParliamentittm~
pore ibid.intendet facierPfiiQ,. t is true indeed,that as they never intended, but that the Appeals,
Purfuites, Accufations, Judgements, had and rendred, &c. upon their voluntary abienting
themfelves 5 they fliould be good aqd valid in the Law, as their Proteftation exprefly gran-
teth : yet by the fame their Proteftation , they referve their right of being prefent,(^f.
doingeverythingelfewhich any other Peer, Ps\m^Temporal might do. And that they
cL-d Vote in the 21ft of this Kings Reign,by their Prodorin the Condemnation of the Arch-
BiOiopof Canterbury (Tea and upon the Commons Petition toOy for that many judo ments had been
nverfed, for that they were not pre ft nt <ts is before proved) and Perfonally alfo in the Conderii-
nation of the Earl of Hrundel and /Vardbury &c. the Duke of Lancajler being then Lord
High Steward, Kid. P Licit. Cor on 'iiRic.i. in the Records in the Tower. The Roll
marked with the Letters/^./. It is well known that out of refpeft to the conftitution
made in the Council held at /Kejlminflery that no Clergy-man fliould agitaregfudicium San~
guinis. (This Council is mentioned in i?. Hovenden inH.i.p. ^o.) the Clergy have fbme
time forborn to intermeddle in fuch matters : and on the other fide 'tis as notorious, that
many of that Order have been Lord Chief Juftices of Englandy2.n^ that none have difchar-
ged that Office better, more to the Content of the King and Subjed, and the Benefit of the
whole Commonwealth.
FIN I Si
THE
To JUDGE in
Capital Cafes
PARLIAMENT,
CLE A%ET).
Being a Full AnfWer to Tiibo ^Boob Lately Publiflied; The Firft Enti-
tuled, A Letter from a Gentleman to his Friend, &cc. The other, A Di-
fcourfe of the Peerage and Jurisdidlion of the Lords Spiritual in FaAid-^
ment: Endeavouring to pew the Contraryi
Cte ^econn (£5tti0n tti'tl) aniritiongi^
L 0 N D 0
Printed by Tho* 'Braddyll, for <!{phert ClaVel, at the feacock in St^ Fduts
Chureh-'?ard, M D C LXXX.-
g=3ga5^
^4^
TO THE
READER.
TJiis 'Book which is here put into thy hand, contains a B^ply, and I hope a full
and fatisfaBory one, to tti^o fmall Treatifes lately ijritten concerning the Ju-
rilHidlion of the Lords Spiritual in Parliament ^ The firjl Entituled,
A Letter of a Gentleman to his Friend, fliewing, That the Bifhops are not to
be Judges in Parliament in Capital Cafes. The Second, A Difcourle of the
Peerage and Jurisdidtion of the Lords Spiritual in Parliament, Both of
thefe pretend to be an Anfwer to another Treatife Tublifhed fojne few Months ago j
entreating on the fame SubjeSl ^ and called, The Eionours or the Lords Spiritual
ATevted,<t^c.How well each party hath perfonnd his Undertaking, and on whofe fide
the Truth Jlands, the Impartial and knolting Bgader is the ftteft Judge and therefore
I JJ7all not here go about to caft any odious or unbecoming ^feBions upon either of
thofe Books, or the Authors of them. No Ingenious or I^iiolting Berfon ittll mijrepre-
fent the Sence or Opinion of his Adverfary, much lefs will entertain him iVith Bgproach
and Calumny, injlead of Argument; a Tt^eak Caufe may indeed fiand in need of fuch Sup-
ports • but a good one will contemn them : Jf the Latter of thefe Authors haVe employ-
ed and made uje of any fuch Auxiliaries in his Breface, Tt>here he goes about to make
that Author he pretends to refute, to [peak things not only falfe but impof thle ; as that
the Gentlemen of the Houle of Commons in the laji Parliament, 'twere the
perfons that threla doTl^HEpifcopacy in 44, lohen either they, or a great part of theni
"Were then unborn, or their Fathers by their Brinces Command in open Field at that time
afferting it • that thefe, when as yet they ifere not in being, or at nioft but Infants
andThildren, fhould plunder and rifle their 01011 Fathers Houfesor that their Fathers
Jhould at laB Jpill their Brinces Blood, for the Javing whereof they loH their o'^H, are
jlrange Indentions', Tlooughts, lam fure,neder entered (if he belieded what himfelf
iprote ) into any Bodies Head but his olt>n • In thofe his Atchiedments he f?all not be foU
hired by me. His Adderfary in his Breface is plain ; Thofe againU Idhom his Bifcourfe
(he there faith) is aiihed, are the Remainders of the Men of 42, irho plead for^
, and juUtfie the Late Bghellwus Commotions in Scotland j who hade been ABors of
thefe in our olrn Kingdom, who in thoje late ill times broke through all Obligations both
Sacred and Cidil, to undo a Kingdom, &c. Thefe are the men, (and from my heart I
irifl) this Author is not one ) who for other and By-Ends raife Jealoufies and
Bidifions at this Jo Edil and Critical a Tme, Irhen rather we Jhould he all of us
joyning againH the Common Adderfary : I am heartily Jorry that the Gentleman hath
madehimfelffo Signal an InBance for want of Candor and Veracity, and that his
Bgader jhould hade occafon from hence to gather Irhat he may expcB in his Book,fuch'
\
To the Reader.
Esfloits and ViFlories as thefe, as Hannibal fald of his at Cannie , will mdo
him i if he is a perjon that lies under no Temptation from %eligion^ a fecure man, a-
hoye either Honour or Confcience,thps palpable TeteHion ofhbn ipill not('tis to be feared)
bring him to a Palinode ^ Retra<5tation^ but if otherirife , he will I hope, do himfelf
and that Author the ^ight as openly to acknowledge the Injury , as he hath cauJleJJy
mifreported him.
As to the 'Books themfehes; there is nothing 1 am perpaaded in either ofthofe Trea-
tifes which is not here fairly Anflaered ,ypithout either %ailkry or Mfreprejentation^i
thofe excellent Epithetes of Petulant, Impertinent, Ignorant and Impudent,
with which he doth fo plentifully bedeck his Adyerfary, are (I thmk) yery fit Lading for
his Dung-Carts and Oyfter-BoatSj^nd iffhe Gentleman be a Bealer, and ufes to
trade in fuch Commodities, I hartily wifi? him a Good Mart to yend them in i
and that in his Next Adventure he may be a greater Gainer than he hath been noHf
by this Bargain. And thus , in Jhort, 1 refer the Matter in Debate to onr
ders Judgment in the perufal of this Book* Farewel.
THE
CO
T H E
RIC H TS
O F T H E
To J UDGE in
CAPITAL CASES
I N
jAi
C L B A % E 2):
i Bull A3^SWB% to the late LETTE% of 4
(jS^TL£Md3^tohisF%lE3^s(^^ Sndeavour^
1.. ingto jhe'^ the Contrary.
, r
jl^eing the Gentleman \vho is the Author of the Letter that pre-
^'tends to lliew, that Bifliops are not judges in Parliament in Ga-
pital Caules, either in giving the judgment itielf, or in refbl-
; ' virtg and deternlining of any ttcumftance,, preparatory arui
jSding m .that Judgment (for fo he States ;he Queftioa, .J hath
thought th^ ^Method, wlf h^^thquglit ttS fitteftfor his pur-
mh'.Uuough au'theRoU of Parhamegt that are extant in the Tower,
an^ ^o take' notice (as he faith he hath done) of all the Tryals there Recor-
aed^ asiy^el]( in (iafes Capital as thofe which are not fo j .and to fhew the
difference in the Parliamentary proceedings upon them, how the fefhops
and Prelates did commonly joyn with the Temporal Lords, in Judging
thofe that were not Capital, and yet not always Jo, when the Crimes were
of a bigger Magnitude, and yet never but once, when the Accufation was
for a Capital Criine,which was in the Cafe of the Duke Suffolk,
B ^ when
when the whole Proceeding (as the Author gives out) was fo irregular and
unparliamentary fan affertion by the by^ very ufual with him when any
Precedent touchetn him to the quick,as that of theBifliops appointing Proxys
three times in one Parliamentj 2 n 2. this he ^:alls Unparliamentary,
Unufual, pa^. 28J 30. Irregular, ^.79. and which is declared (as he con-
fefleth) the exa^t Law of the Land in the Year 'Book of i o. Edw. 4; Term.Tafch.
72.35. This he C3\\s Error Tmporisy and this it leems is his ordinary way
of anfwering to the Precedents and Law that make any way againft his AL
fertion ; that they are Irregular, Unufual, Unparliamentary, Extravagant
arid Errores temporis^ great miftakes of thofe times. A (harp Sword I mull
confeL this Gentleman wears, one of the Younger Houfe to that of the great
Alexandery that can eafily (fo trufty and trenchant is his Toledo) cut afunder
the moiY Gordian Knot, which cannot otherwife be untyed, but by the way,
this may be thought rather to make for the Gentlemans ftrengih and valour
in the difpatch, than any extraordinary Skill or Art in the Perfor-
mance.
Seeing this I fay is the way which this Author takes, I fhall endeavour to
follow him y^Tii <7r'oJky ftep by ftep, and fhall take notice of any thing that
hath been offered by him, that is any ways material or advantageous to_
make out his Aifertion, and I hope give a brief but a fatisfadtory account of
his whole Boo|c, and the Cafes therein mentioned and fet down, ythat they
are not in any wife Argumentative to prove the thing in Queflwn, and what
this Gentlemari undertakes to evince, That the Bifhops afe not to Be
Judges in Capital Caufes in Parliamerip : \But before I do this, I fhall lay
down fome Conceflions and Affertions of this Author, which I fhall make
uJfe of as Hypothef^s and Poftulata's ? £fortwlut is^more equita:ble,than that
i airian fhould be juflto, and ffand or ml ro his own Word arid Grant or
■Concefliori] by which it will plamly^asnffil^^ly appear,hehacH uhforturiately
engaged in this Q^rrelby granting the thjqg heleenris to denyj and fo in-
deed and in truth pleads and argues for what he intends to write againft :
(, which is in Effect the Man agair^ Himfelf
|; I. It is agreed on betwixt us • ffbr feeing the Gentlemari is fb liberal,
it| what he gives and grants, I fhall, as tis juft for me to do, accept and make
f'lj ufe ofj and tis Confeft efpecially by this Author, in the Parliaments of the
i' 11 .of (J^V.i.the Proteftation of the Lords Spiritual therein to be a perfect and
t vi compleat Law, 74. which I fhall exactly fet down, and fhall do it
lli faithfhlly, which is hot done by the Gentleman, as fhall afterwards be made
p appear, for that he hath left out the moft confiderable things therein that
P make againft him, nay indeed which turn the Ballancs and prove quite the
p contrary to what he undertakes to Evince i"" That the Bifhops ' by the Law
||I and Cuftome of Englandy {dejure & Confueludine Y{egni are the Words) may as
m Peers of the Kingdom be perlonally prefent in all Parliaments, and there
I;'' Confult, Vote, Eriadf and Determine of" thfe Affairs of the Kingdom, and
of all other matters there accuftomcd to be Treated of, as well as any other
'Peer of the faid Kirigdom,arid to do eVery other thing which in time of Par-
s. * liament
liament is to be done. The Proteftation I fliall here fubjoynjand give you'
an account afterwards of what the Gentleman hath let downi of the reft of it .
which makes diredtly againft himfelf, that he thought fit, for Reafoits he,
knew of, to fnaother and conceal, at leaft net to acquaint his Reader withj
which had he done, his Pains and Labour in the Affair might well have,
been fpared. The Proteftation is as followeth,
?^ei0omtne, ^men. Cum ne lut^e ^ confuetutime tegm angt an at?
cini^p. Canterbur. qut p?o ttmpoiie fueut, ttec nou Cetcrogi fuffta?
ganeo0,Con{tatte0 ^ Coepicf. atbate^^l^rtoregi, aitbfque^relatoj;, quofcuit
que per ^aroniam be bomtno noftjto Bege teuenteb pevttnetin ^^arltamentijj
Begiji qutbufcunque ut ^are^ regnt prebtctt perfonaltter interefle tbiuemque
neregntnegotwb^alus;tbftractarlconfuet(?{, cum cetertb nictt regm parr?
bub^alub ibibem jubwterelTennt babentibugj confuiere a tractate, o?ntnare
ftatuere ^ neftutre ac cetera facere que |^a;tltament( tempo;te ibin. imtnent
tacienb. tn qmbubomnibuba fingulib uojj wiliieimus Cant, i^rcbiepifcopub to?
tim ^ngl. i^rimab^ apolloltce ^en(?{')legatugi,pjtonDb(bnoftr(fque ^uffra?
ganei0, Coep. a confratrtbu^, necnon ^bbattbub, fBrtoubitb ^prelatrg;, om?
uibugi fuprabicttb proteftamur, ^ eo?um qutlibet p?oteliatur qut per fe, bel
i);tocurato?embtc fuertt mono prefenb ^ publtce a erpreffe quon thtenntmujs ^
tntenntt,bolumtt^ ac bult eo?um qutlibet tn boc prefentt f^arltamento ^ alttji ut
l^areb regnt prenictt morefolttointereUe, con(tnerare,trad:are,o?ntnare,llutu?
ereanefintre, ac cetera erercere cum ceteris ju^ tntereflennt babenttbuis. tn
ettnemftatu a orntnenoftrt?}, a eo?um cutltbet tnomntbn^femperfalbtjs, me?
rum, quia tn prefentt f^arltamento agttur nenonnulltjfmatertt?;, tn qtrtbitis
nonltctt nnbtg; autaltcut eowm jurta factotum Cannotyumtnftttuta, quomo?
to Itbet perfonaltter tnterefle; ea propter p?o nobtis^ eorum quoltbet pjotefla?
mur eo?umqutltbetbtcp?efen?{ettamp?oteftaturi quon non tntenntmujj, nec
bolumub ftctttt ne 3iure non poOumujf nec nebbmu^, tntenntt, nee bult altqut^
iorunnem tn prefentt i^arltamento, numnebujufmont matertt^ agttur bel a?
^ctur,quomonoltbettnterelfe, feonbgs ^eorumquemltbet tnta parte penttug
abfentare,11ure i^arttattis uoftre,^cujufitbet eo?umtntmlfennt tnntcto Sar?
Itamento, quoan omnia a fingula tntbt erercennanoCtit^, a eorum cuMtbet
^tatut a orntut congruentta tn omntbuj; femper falbtjs. an bee tn fuper pio?
tclfamur, a co^umqutlibetp^oteltatur qtibn propter i^ujufmontabfenttamnon
tntenntmugi, necbolumuis, nec eo;mm auqutgs tntenntt, bel bult quon piocef?
fujsbabitt, a babennltnprefentti^arltamento, fuper materit?; antentctfe In
qutbu?:nccpoirumxr0, nec nebemu0,.utpbenittttfurtnteire(le quantum alt noser
quemltbet corumatttnet futurts tempoi5tbus,quomonoitbs^tmpugnent»r tn?
firmcnturfeuettamrebocentur^ .
i ' i.
Ithe Kme of God Amen. Whereas by the Lm aid-f ujlom f^the
-England, It doth belong to the Arch'lBifl^oj^ of for the time. ieJng^
»7id the other his Sujfragans^ ^rethren^ atidfellow 'hjhps^ Abbots^ ami ^riorsy ^nd 4I
other Prelates wJmtJoeyer, who hold by barony, of our ford thf Jfingy to he ferfonatly
yreJe)itinalifarlia?tientswhatJoeyer, as Peers of il^r^ngdomj-^ and'there to ' jConJult^
Great of J Oi daniy CojiJiitute.^ and'Determine of the^Affirs of the ^jngdom and ,other
things there ujually treated of together with the faid :i(figdm^'
and others haying interejf there; and tg da all otfer tmms wfnch there may haf^eti tt^' he
dm.. In all and. eyery pf iphichi We flG'Aiizm Jr^0of of 'Canterbur);;^^ V^h^te^
of all England, (ftidf.ega\e of the jdfg^olkk Trotefl for our
ouffrag'ds
M7
C4]
Suffragans and Fellow 'Btffops,and all the Jbbots, triors, and ]?relatcs aforefaidj and
eyery one of them doth Frotejl by tlmnfehesy or by his Proxjy, ifjo he ivas prefent, both
puhlickly dnd exprefly^ that we intend, and do intend, and eyery one of m will in this
prefent Parliament, and in all others, be prejent as Peers of the faid Jfjngdom,
in the ufual manner, toconfiderof, Treat,FnaH,Conjlitute, and Determineand to
to do all other things with others who baye power of being prefent in the fame^
our EHate and Order, to eyery one of us in all things fayed unto us entire. Put
hecaufe in this prefent Parliament, fome inatters will be Treated of, in which it is not
lawfullfor us, or any of us according to the gjnlWtUttoniS Of Canon^ 0? Ca^
iiotlfcft U^totnaut totfe Perfonally prefent: Therefore for our feiyes,and for eyery
one of us, M^e FroteH, and eyery one of us here prefent doth Frotefl, That We
intend not, neither will, as by the LaSo We cannot, neither doth any of us intend, nor
Ifill any of us in any wife be prefent in this prefent Parliament whilft any of thofe mat=
ters are Debated, or pall be Debated of. Put upon that account We and eyery one of
us will abfent our feiyes i thep^htof our'Peerage, and the pight of eyery one of us
being prefent in the faid Parliament, as to all and eyery thing there to be done agreeable
to our EHate and Order in all things to eyery one of us fayed entire. Moreoyer we
FroteH, and eyery one of us doth Frotefl, that by reafon of our ahfence as afore faid, we
intend not, nor will, neither doth any one of us intend or will, that the Procels had or t9
he had in this prefent Farliament in the matters aforejaid, in which we cannot and ought
not as aforefatd to be prefent; as to what relates to us or any of us, pall in time to come
he in any w fe impugned, weahied orTTpealed.
And for a farther Difcovery. and Manifcftation of the Rights of the Lords
Spiritual,to Judge in Criminal Caufes irifParliament, I fhall lubjoyn a mord
full and ample Proteftation on Record in Ae Parliament, Ppll of the H.6.
wherein to make the matter out of all Contioverfie and future Queflion (to
whichr this Author alfo for the Fa(St doth agree) That it is there on Record,
though he hath not Cited th^^Place faithfully and Ingenuoufly as he ought
to have done; for that he hath as in the fofegoing left out that which makes
againfthim (for which he^ tan nevdt be excuied) having Quoted what
goes-before and what follows after , and left out tliefe Words, yi;?^.
In lljeipeafter,a^fmlt anti a0 largely a^ ti)tv o? anr
&c. whichare theCround and Foundation of the
Lords Spiritual and Temporal their Proteftation. And which beyond all
contradiction rnakes it out to be the joint Right of both thefe two High and
Uoftdurable Eflates r And not only 1 fay and I think with feme fhew of
Reybd," (1 will not fay a^this Authbr hath done on another account ^yith
f6me ^nfidencef\ but Demonftration alfo do Evince the Pofition,which is quite
contra^ to what he undertakes to make out. That the Power of Judica-
turddhr^iamentisXpn the, account'of their(pg^r^^e) the undoubted -Right
ofl^btfohe 'Eftates Spiritual a^nd Tei^poral y and this will the more clearly
appear,'for that both the Lords"Spiritual and Temporal here joyn in After-
tin^ Vlieif Joynt Rights, which the Lords Temporal \Vould never have done
to'thdif own difadvantage, jp^hihg themfelves herein with the Lords
SpirithaL- ahd thereby avouching tHcTbfds Spiritual Right to Judicature
[ 5 J .f p
to ftand on the fame Foundation and Bottom with that or their own,
3lsi tiefo^e on account of i^eerageO
The Words of oheRolloi Parliament are thele : ,
ti^e^nffcountBeaumoht on tl)cl)el)alfof ti^efaio KLoiiOjS^ptf
ritual ano cempo^al, anoti^ti^etratitjict, auent ano 2^e0re, recitcD,
faioanooeclareo to laing^ l^igihncf^, '^]^att]^ij5 t^at toasifo J^ecmo cott'
cerning ti^e l^crfonof tijefaio ?^Ufee, will.dela Pool Duke ofSufFoik^p^ocetOCH
not ^ ti^eir aotjice antj Counfel, bufioajs none tbe Bing^ oton ?^emean»
anceanbHulie, therefore tbe^ befougbttbemtngtbat tbiji tbeir facing migl^t
be d^nacteo in ti^e l^aritamentdaoll fo? tbeir mo?e J^eclaration reaften
toitb tbtjs i^ioteftation: -arbat it (boulD not be, nor turn tn p^ejuoice, no?
derogation of tbein, tbeirl^eirjs, no? of tbeir ^ucceUo??; in time coming, but
tbat tbe^ ma^ babe and enjortbeir ^Libertr^and fffreedomgiin Cafe of tbeir
i^eerage hereafter, a^ freelr and a^ largely, aj5tber,o? any of tbeir ancefto?^
bad, andenjoredbefo?etbi?i time*
' The occalion of this Proteftation was, for that the King H. 6. had upon
the Duke of fubmiilion of himfell to the Kings Pleafure, taken the
Matters contained in the Bill for high Treafon againll him in Parliament,
out of the Parliament to give Judgment therein folely and by himfelf in an
extrajudicial manner. Hereupon the Lords Spiritual and Temporal by the
mouth of VifcoLint Proteft as before. The matter and fubftance
where of our Author granteth and acknowledgeth onely with feme,, and they
the moll material Omiffions as before. This he doth plainly and exprefly,'
fag, 47.But of the particular caie and matter, I fhall Ipeak more fully when
I come in order to it. Only I would have the Reader take notice that thefe
matters were not unknown to the Author, but that he did moft partially
relate them in omitting the moft principal matter in the Proteftation.
II. 'Tis confeft and agreed by the Gentleman, fag. i i 8. that iri Cafes of
Attainder, which yet are Cafes of Blood, theBifhops may, nay ought to
be prefent; and here matters of Blood are agitated as well as in'the Judica-
tbry of Parliament; And it will not be very material (in the Judgment of
any confidering Perfon) which way a mans Life is taken away, whether by
way of Attainder or Impeachment, or both, fo as his Life is taken away •
for that there is in either way matter of Blood in Queftion: And then by this
we may fee^ the Prefence of the Bifiiops in Cafes of Attainder as by him
confeft) that this Laip of Lam^ as he by way of Jeer calls it, vyas not lookc
upon by them in all Points and Circumftances, fo in difpenfably ob-
III. He acknowledgeth, That a whole Houfe of Commoris with
dieir Speaker did folemnly, openly, and in full Parliament, Petition the
then King in manner following : That forafmuch as divers Judgments in
Parliaments had been heretofore undone and repealed, for that the Lords
Spiritual were not prefent at thofe Judgments (they deeming that they ought
not to be prefent, in Judgment where matter of Blood was agitated, Seem*
dwn Sairoruni Canomm inflituta, the Canon Law interdi(fting them) and fe
the Parliament then act being full [for no other reafon can be given of the
C Bifliops
y
r49
Bifhops abfenting thcmfelves, and of the Repeals which thereMpon follow-
ed] That the King would command the ^ijhops to make fome their common
Procurator with fufficient Authority thereunto, which would put ari end to
all Controverlies. The 'Bip7o^s, (not Clergy) being (everally examined, ap-
pointed Sir 'Tlmm de U feixy their Pro<5tor to AfTent on their behalf, as by
their publick inftrument on Record in the Roll of Parliament it appeareth ^
and this they did do three times, either by publick inftruments, or other-
ways in three (evcral Cafes of ^lood in the Parliament of the 21 or laft Par-
liamentof ^ch. 2. And to what this Gentleman faith concerning its Re-
peal, I queftion not but to give him and the Reader full (atisfa<51:ion both
from the Authors Concelfions, and from reafon it felf, that his anfwer herein
is altogether infignificant, and fo of no ufe to him as ^to the caufe ii? hand,
when I (hall come to the particular matter it felf: This he confefleth, and it
is clear, and the Record faith the fame was done at the Tetition of the Com-
mons, md particularly and exprefly for the l^eafons aforefaid. And tny
(elf as well as this Author can give you very good Reafons to make you con=
fefs and believe that the Commons would not have in this Cbnjun<iure any
newPriviledges to be granted to theClergy,and therefore dn neCeflity and for
the common good, that Judgments had been Repealed, 'i^c. upon no other
ground i for that both Lords and Commons did both joyn againft them^
during this Kings Reignjas in the 20 of2. and twice before in the Pre-
ceeding Kings Reign, 45 Edsi^.'^, where we have a complaint of both
Lords and Commons that the Government of the Kirigdom was in the hands
of the Clergy, whereby they pretended that great mifchieB and damages
happened to it, therefore they require that Lay-men (you fee the reaibri
of all) might be made Principal Officers of the Kings Court and Houfb,
to which the King returns them this anfwer a rnodeft de-
. nyal : And from King <^chard his Succeffor they had a worfe, an abfblute
chide, for which they afterwards humbled themfelves and craved Pardon,
Cott. Jhr. p. 362. numb. 16. Now as to the Proceedings of Parliaments Re-
pealed, becaufe of the abfence of the ^ijhops, what they were, and wheil
diey were, certainly the Speaker and Commons were ready to produce and
to prove the fait if challenged, elfe the Prayer of their Petition had been
groundlefs, if there had been no fuch Errors in Judgments on fuch accounts,
Sc they are to be fuppofed(being nearer to thefe times,and fo the things frefh
in their memory) abler to produce them, than we at this diftance of time,'
for tis not reafonable to think, (I fpeak as to the probability of Reafon) that
fo Grave, Knowing, and Learned a Sody as the Houfe of Commons isj
would openly in full Parliament,in fo folemn a manner affirm a thing which
could not be made out,and was not cert^in,and the contrary thereof fo eafie,
if any fuch had been to be made appear.Now for theAuthor to demand from
us what thofe Judgments in particular^ were at that diflance of time is neither
equitable nor rational, for how little of the Rolls of Parliament before thofe
times do to us remain, there being no Records at all in the Tower, except
fome few Charters and their Exemplifications ancienter than the firft year
of
of King John, all the reft from Willtm the firft Kis Reign till then being utter-
ly loft, the firft Parliament Rolls yet reitiaining are thele of the 5, 8, and
19. of Edw.i. The Statute Roll of Hen. T^.Edw. i. and Ed. 1. concern^
ing onely feme Statutes made in their Reigns, fome Memorials of A(5i:s
and Ordinances made in the Reigns of K. John, Hen. 3. Ed. t. and 2. the
Rolls whereof are perifhed and quite loft: The reafons and occafions there-
of Mr. frimi gives his Reader at large in his Preface to the Reitder in the A-
bridgcment of Sir <E^krt Cotton, and to which I refer the Author that he may
not fay tis a thing heggd, ot gratis dictuin. Nay farther to Ihew the unreafo-
nableneis hereof, 1 Will onely add this one fuppofition : If the Houlc of
Commons of the laft or other preceeding Parliaments had made fuch a Pe-
tition to theii Prince, and had fo openly and folemnly averr'd a. matter of
Fad:, and made it the ground of their Petition,and the thing in it felf not fo,
the Author fure noii any reaibnable perfon refte(5ting upon the learning and
integrity of that great and honourable Sody^ will ever (I perfwade my felf}
do it. Tis on Record in the Holy Writ, that Solomon fpake three thoufand
Proverbs, and that his Songs were 100 5, that he Wrote of Trees from the
Cedar thit is'm Lebanon CYca unto t\\6 HyfopthgitClpnngeth. out of the Wall,
that he fpoke of Eeafts and of Fo^vl, of Creeping things and of Fipes, and yet
no dther Memorial of thefe ^ooks are any where extant or on Record , but
that they were on the other fide is rridft certain.The fame I fay of thofe Judg'-
ments in Parliament which are loft , both thofe and thefe are to be reckon-
ed inter deperditd, things which were 6r1ce extant but now loft.
IV. Tis agreed on both fides betwixt the Author and my IclfThat up-
on the Kings taking the cognizance of a Caule of Hood then before the
Lords in Parliament into his own hands, thereby to determine of it in an
extraordinary way we find the Lords Spiritual and Temporal, openly by
Proteftation aflerting their Judicature, that the Kings interpofing fhould
not in any \\h{e in times to come be aiiy prejudice, or any ways derogate
from them or their Succeflors Rights j here was preient the two Arch-bifhops
13 Hlhops, 1 Abbots, and the Prior of St. John of Jerufalem. The Protefta-
tioii was made as the Author faith by Vifco'unt Haumont, pag. 47. and it was
on the behalf of the Lords Spiritual as well as Temporal, and by their
Joint aftent, advice, and defire, recited and declared to the Kings Highneft,'
in manner and form following :
'STfiat tfiat Decreet) attli DoneD^ e):ceUettctcon:cerntng
fm of William de la Pool jE^ufte Of Suffolk, p;5oceeDeD not SlDbfce anl>
€oiinfel,liut tnaiSDone ftp tfie Idling?} oiconii^emeananceanD lKule,t]^erefo^t]^ep
Defouglit tfielSitng, tfiattfit?; t^ir faftng ijeenacteDtnti^e ^arlfament
Eoll foittfietr mo?e Declaration i^ereafter, togeti^er looitl^ t]^e^0^foteftation,t^at
it ®oUlD itot Deno? tttrn inl[^^ejuDice no? ?^erogation of tftetn, fi^eir l^eirisf,
no: of tfieir ^uccefto??} in time to come, i)ut ti^at ti^ep map l^alje anD cnjop
tfieirTlibertie^ anD freeDom?^ incafeoftMrf^eerage ajJlargelpajsebertl^eir
ancefto??! 0? ^?eDeceao?^ eheri^aD enjopeDnefo?et^i?{ttme, E'idpag.^d. where
rhe Proteftation is by him ftt down though thetnoft material Words are there left gut.'
V. 'Tis
r^i
'V. 'Tis agreed and confeft by this Author, 75. That there ought
to be,a diftindtion made betwixt the Matter of a Law, and the manner of
its Ena^ing, and here the Gentleman fpeaks accurately and exa<ftly, and
diftinguifheth of things that are to be diftinguiflied. His words are thefe,
pag, 7y. (By the wdy, Letitie dejlre to be well miderjloodj what Iniean by faying this
would make it a Law if it was none before^ 1 do not mean the Brotejlation would be a
Law i for a Troteftation Modo & Forma cannot be a Lawy but the fibjeEl matter
of It was then Enabled. And pag. 77. Being approved of by Bajliament, and there
Enrolled, became then, and fo continues to be the Law of the Kingdom, (mark that)
For in thofe times, (here he gives you the Reafon) all Laws were Jo made, only
thefubjlance of the haw was agreed upon in Barliament, by I\ing, Lords, and
Commons, and entred in the Journal Book, and the iQngs Juf ices did after-
wards draw it up into Form, and then publifh it to be the known flanding haw of the
hand. And again, pag. 22,25. iiuelie lebe en plem
ment alinCtonce ^p^ietnuDit ti'^vci^etiefQue ^ leis autre i^;elat5^uatf,efit
rolle^cpen ^olleDu^arlementper Commantiement Du Eop 9 ^ItTent^De^
f^etgneniSJ -^i^empo^rt? ^ Commune?f» Which Proteftation being read in full
arliament at the inftant defire of the Arch Bifhop and other Prelates afore-
laid, is entered upon the Parliament Roll by the Kings Command with the
aflent of the Lords Temporal and Commons, which is all the Formality of
Pafling Laws in ParKament,, that was ufed in thole times, which was only
to have it entered in the Roll or Journal Book, that luch a thing was agreed
upon by the King and the two Houfes, then it was drawn into Form of a
Law afterwards by the Juftices and Kings Councel when the Parliament was
rilen, fo as whatever was the Law before, if it was only Canon Law, it is
now come to be the Law and Rule of Parliament, and the Law of the Land
but in truth it was fo before, and was always fo. Here I Hiall oblerve three
things confeft and owned by the Author, which afterwards when I come to
Ipeak to the particular Cafes of his Book, I fhall have occafion to make ufe
of.
1. That the matter of this Proteftation was a Law, and indeed and in
truth, the very LaTt> of the faid Parliament both before and after this Parlia-
ment, the 11 ^c. 2.
2. That he accurately diftinguifheth of the Subjccft matter of a Law, or
to ufe his own Words, and the Modus ^ Forma of its ena(51:ing • and herein
he doth well; for that otherwife a or Judgment of Parliament being.
Kepcalcd, a Peribn might Illogically draw an Argument from its fubjc61:
matter being Repealed, to the Repealing even of the manner and circum-^
ftances under which it did Pafs, and fb fubvert the conftitution of Parliament
it felf T , as for Example, The Parliament held at Coyent}y under Hen. 6. Ann,
was Repealed in the j 9th of the faid King, wherein (Richard Duke of
shchsLxisoClVarwickzndSalisbury, xndKorthumherland,^c. and others,
who wete in the Battles of St. Albam, Bloreheath and Ludloio were all attainted
atidCondemned for Treafbn, and their Lands in Fee and Tail Forfeited.
This
This Parliament I Tay was Repealed in the following Parliament, but for
thatthofe of the Houfe of Tor/i and their Abbettors, Eftates and Lives were
at ftake,if it had not been fo Repealed ; this was the true Reafbri of it, not
the manner of the pafling of thatLaw whifchwas in the urual Form and Man-
ner, as other Laws were formerly paiTed in Parliiments,in like manner in the
^d of Hen. 5. 1{ichard Earl of Cambridge (of whofe Tryal I fliall afterwards
fpeak) was in a Parliament of that Year Condemned fdr Treafon, which
Judgment was afterwards Repealed. I fuppole if 1 fliould fay this Judg-
^ ment was Repealed, as indeed it was, Ann. i. Edw. 4. made utterly void
and evacuated,he would not fay that it was done for the Form of Judgment
pafTed on him by the Duke of Clarence and other Peers, Earls and Barons at
SouthharnptcHj for the Form of Pa/Fng that Judgement was very Regular and
Pailiamentary, in regard, as he faith, the Lords Spiritual were not there, the
Gentleman would deny utterly, and fay, twas according to the Law and ufa^e
'of Tarliarnent^ for that only Temporal Lords have to do in thbfe Judgrhents,'
but it was onely for the Subjedt matter of the Judgment that it was Re-
verfed for that he was a Xorkfl and eatenus[fov that reafon only] net that there
was any thing irregular in the Form of Proceeding, againft him. Thefe things
tlien laid down as things agreed on by both fides, I fhall make ufe of them in
the fubiequent Difcourfe as Poftulata's and Hypothefes,things out of all que-
ilion, and confeft on all hands,and fhall in Argumentation make ufe of them
as Principles in the fubfcquent difcourfe,and I do perfwade my felf they will
prove Topicks, very difadvantageous to our Author and the Caufe he under-
takes to make gdod, and that if he had carefully refle(5ted on the confequen-
ces which do mofl naturally and mofi necefTarily follow from fuch ConceE
lions as thefe dre, th.at even he himfelf Would have had flifficient matter for
his convi<5tion, and that my pains arid the Readers trouble, as well as this
Controverfie would have been at an end. . , .
The firfl Judgment he mentions is p. 6. of ^gei' Mortitmr E.of March, Simon
'Bereford,<src. thefe he Ca.kh,were Accujed and Tryed in Tarhament, but the <1{qU is fi
defaced cs it cannot he read.WeW thenlhere is nO proof how that Tryal was mana-
ged, or how thefe Malefadors were Judged, whether by the Lords Tem-
poral only, or by both Spiritual arid Tendpbral: But he makes it out it was
by the Lords Temporal only, from the 28 of Edw. 3. where ^ger Wigmore
Coufin to that Earl March defires that that attafnlirt; be Examined, and
that by the whole Proceedings there repeated (he faith) it appears none of the
Trelates 'twere Erefent. I Ailivver 1. this he faith, (and if he fay truth, he
hath laid juff nothing to the Purpofe) was an Attainder, pag. 6. And if an At-
ramder, then from the Second Principle by me laid down, and by him gran-
red, pag. 11 8. The Sifiops either iVere or jhould haye hem prefent at it ^ arid if fb,
it is no Precedent to prove the thing this Author brought it for; for that it
proves the quite contrary, that Bifhops are toAd in Cipital Caufesin Paflia-
ment, in regard it being as he faith an Attainder at y?hich the 'Btpops Jhould be
prefent, as he confefleth,|j^i^, 104.
2. And if they Were not prefent in this Attainder,- it feems they looked
D upon
I
5-5-5
, C. •° 3 .
Upon. It as no Diminution ot their Rights being their own voluntary Adtj
and this Author doth not argue that they loofe their Right, for he faith it
Jlill remains to them in JttAinders rejerved intire, and if they were not prefent at
this Attainder, and yet loft none of their Rights by their ablertee, why may
they not as at other times withdraw when they pleafe from the Judicature
of Parliament, and yet without any Diminution to their Rights;
3. As to his reafons he brings to prove the Bifliops were not prelent, they
are weak and unconcluding; for he faith. That ^ijhops cannot be underjiood to
he comprehended under the word Peers, flnce the 'Barons are named frjl in the Record,
JLegflUeaicCounteslffiaWinsl^^&iete?. For that I find die contrary, t^ims
many times put before Barons, particularly in Mr. Seldens Baronage, pag, 12.
ex ^t. Barhamenti 4 Ed. -^.niemb. 3. thus [[the very fame Parliament wherein
this Tryal wasj Witnejs the Beers, Earls, and Barons ajjemhled in this Barliament,
<(S!*c. John Mautravers 10 guilty of Edmund Catl Of Kent,
mncleof our ilojto ti^e Mn% noKo 10, a0 Craiterouft^ anh falftlp
compalTeD ?^eat]^ of faiD <farl, &c. fo^ tf^t fato ^^eer0 of the
jbanD,ano of the#arlianient,!aDjuogt ano atDarD,'Chatthe fato John
he J^raicott, l^aug'D auo i^uartereo a0 a €^ratto?, &c.And for what he faith in
the laft place,they cannot he comprehended under the word Peers,hecaufe they can"
not pretend to be Peers of the do aver the contrary to be true for I find it 3
fcvcral times in the 11 of Bych. 2. particularly in the Proteftation which this
Gentleman confefteth is a perfe(5t and compleat A6t of Parliament, pa^. 74.
mt pare0 megtrt p?eOtat perfonaifter^ And again, ut pare0 regnt pjeoictf wo?e
folitotntereue. after wards, giureparttati0noftre ^ cujuUibtt eo3tumtn«
tereflenoi in omnihu0, ac. temper falPo. p^otelf toe map he prefent»
fay they, (See the Proteftation before at large, and faithfully Recited with-
outtheOmiflionof anything) a0f^eer0Of thefaio MngOom, hel^erfonallp
Piefenttnall|&arliament0 tohatfoeher, anh there Confult of, ^D?oain, Com
uituteanoi^etermineof aU9lffair0 of the Ittinghom, anh of all other0 there
ufuaUp treateo of,together toith the reft of the ^eer0 of England, &c.Again,i©e
|^?oteft, hof^puhlicfelpanoerpjeflp, that toe inteno to he, ano eherpone of U0
toill hef^^elentinthi^ l^arliament, a0i^eer0of tj^e faio l&ingOom in the
ufualmanner, toConfther of,^reatof, anhj^^hain, ae* And laflly, fay
they (in this confejl Law and, compleat haiv, for fo the Author calls it) pa^. 74.
i©e p^otzft that toe toiU not he pjtefent in the pjefent l&arliament [tohile
matter0 of )3loohJ are Created of, hut toift ahfent our felhe0, the Bighf of our
^erage, and of eherp one of U0 heing prefent in the faid l^arXiament, and our
Sij^tof doing aft and eherr thing in the laid f^arliamentinaft thing0 to U0
heing hept entire. But theft inftances I give our Authar as a few Praelibami-
na or foretafts of what I intend (God willing) to make out fully to him and
the whole World, That the Lords Spiritual are Peers of the Realm, which
is the thing he here and elftwhere utterly denies; the thing fliall be made
out in its proper place. Having difpatcht the Cafe of Mortimer, we fhall
proceed according to our Author, to the next Parliament of the 5 th of Edw,
3.. but i^i regard he hath not made good his Word, pag. 5. where he faith He
will run through ail the Tryals on B^cord in the Tower : and for that he hath left out
four others in the fame Parliament, (Vi^.) Edw.I fliall fubjoyn them,
and I do perfwade my felf the Reader will fee the Reafon why our Author
omitted
t
omitted thofe Tryals, for that they make againfl: him, and do plainly fliew
chat the Bifhops according .to his own Obiervation were prelent at thole
Tryals; the Hrftisthatof Mautravers, 4 Edw. n.
Counts ^^aronjisaffcmljle? a ceft i^atlement a iBeftmmfter fi ont ejfaiiiinii
ettraitement ^ furfefon a^ntit? ^ accojtUe^autjohanMautraversO eft capable t>e
la mo?t (Sfmon Count oe llentle^Binclenoftrc Seigneur le Eoy, quo?e eft que
prtncipaumcnt, ^raiteroufment, ^ aufament la mo^te le Ut Counte conif
palla>^.puc quoiS lefDlt? ^ierejj be la tern ^liubgejs bu i^aclement ajuggent
ft agarbent que le bit johan foit 'Crepne,penbu ft becoUe come Crettte* The whole
Teers Counts and 'Barons ajfcmhkd in this Tarliament haying Uraitly exammcd^ &cc. dd
JJJent and Agree that John Mautravers is guilty of the Death of Edmund Earl of
Kent, the Untie of our Lord the l^mg, for that he did Vrinci^allyy Traiteroujly and
Faljely compafs the Death of the faid Early See. upon which the {aid Prer5- of the ^alm
and Judges of Parliament do Adjudge and Award that the faid John he drawriy harigdy
and beheaded as a Traitor. The Perlons here who are exprefly called of
the Land, and Judges of the t^atltament, are the Peers, Earls and Barons
as at the beginning of the Record : "Now our Author faith, pag. 7. That
where Peers are named before Earls and Bar ont, there the BiJJ>ops may he comprifed (I
ule his own Words) under the name of Peers. And if to then the Bifliops were
here prefent, and are of the Land and Judges of ^^atliameut which is
the thing in queftion, and which he utterly denies; and indeed to any per-
fon who is verled in the perutal of Records it is plain, that the word ^ZZt^
being placed before the Earls and Barons it doth ever comprehend the Lords
Spiritual, who always (according to'the Piety of our Anceftors) are placed
firft in rank and order.
The fecond is the cale of Boges de Boyms, tend John Deyerelt, B^ott Fdrlement^
4 Edw. T where by the fame Perfons, and for the Caufe aforefaid, the fame
judgment is pronounced againft the faid Bogies, de Boj'o?ir,and John Deyereff the
Words of the Bgcord are, Cftte ce auttcl ^uSgment eft acco?b0 que fpit tsit be
Boges de Boyons, ft Johari Eteverell pet la fUlbitC, ft'C» It is agreed ^ th^ the
J ame Judgment hegiyen againfi Boges de Boy oils, and John Deverel fortWBgafon
aforefaid: _ -i
The third Cafe is of T/jowwj Gurndymd JVilIidni Ockj fOr Murdering
King Edw. the 1. the words of the Bgcord are [^the fame Perfons as before
Judges] StematlenSittDgtneht eft alTentu? ft acco^be? be thomas de Gurriay ft
vviiiiam de Ode pttc la le Eof Cbbjatb piece noftre ^etgnettr le
quo?e eftquefaufement, et tmtceroufment lot murbretunt, ftc. Moreoyer
it is Affented and Agreed that the (ame Judgment he giyen againfi Thomas de la
Gournxy and William Ode for the'Death of Edward tk Kjng, the Fdther of our
Lord the ICgyigy whom they Faljely and Traiteroujly Murdered.
The Fourth and laft Gale is of Sir Tlmmas Berkley, where the Judges are
ftill the fame, xnd the Bgcard runs thus, Bgt. Part. Edw.^ 3. Thomas de la
Berkley milcjs Peittt cojtam ?^oimno rege iuplend #acltameiito tm ft ailocutt^
be hoc quob cumbomiuug; Cbtoatbujs nupef mzv anglie pater IKegtu
wunc in cuftobia tpfiujs Chome ft cujufbam 9!ohatim^ i^uttaberg nuper er^
tttttUberatuis abfalbocuftobtenbnmcaftiot^u^'Ci^ne aptibJSerftlev Iti Co«
mitatu C510UC. ft Ineobem caft^oiu cuftobta (pto^um -Chuwe ft lohanntjsmttr^
bratU^ eft ft luterfectup. Thomas Berkley Ifjiight caifne before the Kfng in his
G 'O
full Tarltamenty and being charged, that whereas Edward late England r/;e
Father of Edlpard now K^ng ivas delivered into the cuflody of the jaid Thomas Berk-
ley and John Mautravers to he fafeiy by them ke^t in the tajik of the jaid Thomas
in the County of Glocefter, and yet iPos murdered and flain in the faid Cajile,
What I here would have the Reader take notice of is this, That what was
here done was in plttTO in full Parliament, and tliei'efore all
the three Eftates, Lords Spiritual, Temporal, and Commons were prelent;
for that I fliall afterwards have occafion to make Life of this inftance, which
the !2^eader may remember that what is faid tp be done tnplctn f^atlCtttClTt
or full Farliametit-, there the whole three Eftates are ever fuppofed to be
prelent.
In the next place we come to the Parliarrient of the ^th of Edward the
jd. which was declared to be called for the redrefs of the breach of the
Laws,and of the Peace of the Kingdom, where our Author is very fubtle in
his obfervation on that Parliament; for that the Bifihops were of Opinion^
that it did not ijetotiQ; to ti^em to lie Cotifetljato??! Of t]^e peace (the
Words in the (l^ecord are (I5a?l>eilt0 le Itieftue le Cointe)and therefore they de*"
fired to be excu{ed,for they were not fo able ro advile the King in Affairs of
that nature, as the other the <^tant? the Grandees were, the words are
Qufl ne attenoit aia p^elat^ pasi p^operment a tup tie Confeleir ou guard de
la peejf. it did not properly belong to the Bijhops to give the I{}ng Counjel for tl?e keep-
Ing of the Teace of his Kingdoms. Indeed had they faid it did not at all belong
to them to do it, it had been fomewhat to the purpofe •, but faying only they
were not fo proper Judges. I believe this Gentleman hath not at all been
fortunate in the choice of this Topick to draw his Argument from, againft
the Bifliops j for that I find in the Parliament of the 7 of ^ch, 2. the Com-
mons to have been asked advice by the King concerning the makeing a
Peace with France, that they then faid, C^l^at it dtfCtiUtd UOt tO iuttVi
nieddletDiti^ti^etr Counfclti^erem, and ti^erefop referred toi^ole €>?der
tl^reof to ti^el&ing andl^i^ CTounfel, tit. 17. being farther urged, they faid
€T^e^ deftred an ^^onouraMe peace fo? ti^e luting, tut fo?ttat in tfiearticleis
tcere contained manr termis of tte Cidil ^..atiDtxiticttte^ underftoodnot, gtc*
tj^e^ tnetO not fo ^C- if this Author fhould hence argue,that for that
the Houfe of Commons,did then decline to give the King Advice as to Peace
or War, they are not now to do it. I profefs that I muft deny his con-
fequence, and defire his proof of it; for that I know it to be their '^ight to
advice the King, deSlrduijflEegni, ^C»
2.1 d'efire the Author to take notice the Bifhop of London was then Chan-
cellour, through whole hands the Commiffions for the keeping of the Peace
did then pafs, and it can hardly be imagined that he was not confulted in
this matter. See Cott. Abr. 5 Edw. 3. tit. 3.
3'. Our Author faith, Tnit the Bijhops cannot he comprehejided under the word
(K^rain^f and I muft-aver; the contrary,' for that the word (tPrant? is any
iyle'njjpfefof oppofition to the Houfe of Commons.
ScQt9^^^H^Cott-i-^r.p.6 fr^ fc$wvct]^ good tot^CouuficI
[ '5 J
to be Botte (£ it pleate tlfte fetns b? aflcnt Be (Brant? to ciimmahB ti&e
Commonjj being tben befojte in ^^arliament to abbife biw toi^at
tijet tbinfebeft to be bone in tW cafe, tobetetn tbe Commonis bib be^
Clare tbeir abbife to ti^e l&ing anb (Brant? b^ a ^5iU in fojtme foUoboing;
(viz. ) ^bifera fua la ^C. Here 'tis plain that the <B?ant? are in gene-
ral the Houfe of Peers , which I do the more defire the reader to take
notice of for that our Author hath unhappily ftumbled and fell upon
this Stone more than once in his Book as I fhall make hereafter to ap«
pear.
In the fame Parliament there hapned a quarrel in the prefence of the
King, betwixt Sir Jo}?n Gray and Sir Wtlllam de la Zouch^ and that Sir John
had mcin au dtoteil laid his Hand upon his Sfrord, whereupon they were
both committed to prifon, and the King did by the Mouth of Sir Gef-
Jrey Scrupe totft? le? Cottntej?, 55aron0 ^ autre (Brant?^ le^foieis ^ligean?ej5
C]^argea Charged all the Earls^ Barons and other gi'eat ones in their faith ami alka-^
geames iphich they owe him^ to give hhn Counfel ^vhat he ought to do upon fuch a (BraUb
excefs, great exorbitancy committed in his prefence. Which they did by the ac-
quitting of Zouch and the commitment of Gray. Here our Author
faith, TChere were no Bffyops put to judge fo much as of a battery. I do cpnfefs.
they are not exprefly named, but here are words that may incluae them 5
and if they were not prefent I cannot help it, and if they had been plea-
led to have iriterpofed in it, I do think they had not been very fit
es in flich matters of affrays ^ allaults and batteries^ which verily I
think was the realon (if they were riot then prefent) of their (fb as is fiip-
jpoled ) ablenting themfelves*
The next Parliament that was held ( or taken notice of by our Author)
was that of the 25 Edw. where are enrolPd the Procefs and Judg-
ment againfe Sir William Ehorp chief Jullice for bribery, which our Au-
thor faith was bebaut lei5 (Bjtaut? be ^arlemeut pm faber ent lour ab^f
eramtne fur ceo cbefcun ap?e? autre fifemblaa eup tout?,ac. afterwards
in the Roll of Parliament it is, ^Ur Ceo ,ll,fuit acco^bjSl par le (B^Ut? be
mefitie le i^arlement, mt fi al autre tlel Cat abelgne atte noflre Seigneur
le iRoi p?etgne lut bej; (B^ant? que lutplatrra pur per lour bon abtjsi faire ceo
que pletfe^a fa laotale ^tgueurie* This judgment, our Author faith, was
brought before The great Men of Tarliament, to have their advice upon it, and
being all examined one after another, it feem to them all that they were juft. Upon which
it was agreed^ by thofe (Braut? or grandees of Parliament that if any fuch cafe fhould
happen, our Lord the Jftng might take any one of thofe (Bjtaut? of Parliament whom he
Ifmdd pleafe to do by their advice what he fhould think fit. "Upon which pafTages
in the Record our Author draws this cqnclufion, That it cannot he mderjlood
that any Pifhops were here under the name of (B^aut? with whom the J^ng fhould advife.
For this could be no employment for Btfhops, behg to give judgment of Death. Which
is the very matter in queftion. In good ferious earnefl is not this, Petere
principium, to beg luhat you are to prove ? 1 fliall fay nothing more to it, but on-
ly remind our Author of what is proved in my remarks on the Parlia-
H ment
C 3
mcnt of the 5th of Edm, that the word is the Peers Houfe in op-
pofition to the Commons, and to (ave my felf the trouble of repeating the
fame thing 'twice over, I refer him to confider of what is (I think) clear-
ly provedi but befides I fliall give our Author an inft ance of a parallel cafe to
this, which as one Article thereof mentioneth was for bribery , it is the
cafe of M. deU^ok Lord Chancellor of England, accufed by the Commons
for mifdemeanors ( as himlelf confefleth) pag. 1 8. \Z Boi,
^ Where note, though he calls them mifdemeanors, the Com-
mons who were accufers fay and avouch the caufe to be Capital, nay
paralel it to this very cafe whereof I am (peaking, the Replication of the
Commons is this. Jfid as to the Anfiver of th fifth Article the Commons pray-
ed again, propojing the Example of one William Thorp (the Very mjlance now
Jpoken of) late chief fuflice of tJye Kjngs 'Bench, who Jurmijmg that he took 201. of
one party who had an Office in plea before him, and for that he fold the Lata, fo^
juDseDto ant} forfeiture of KlanOiS ano Ct^at^
tel0, ano fat in fo muci^ ajs ti^e faiD Ci^anceUor tooft a 100 i of the fad
proyijton there commanded to he delivered out of t he Kfings own profts, which he
ought to have done according to the command of the Jffimg freely,without taking any thing,
it to ti^em tl^at pt ]^at]^ folo t^e ^^a^ anopraten Suogment. Here
we find the Lord Chancellor of England accufed for taking bribes and fel-
ling the Law, and the Commons infifting on and paralleling thele two
cales and therefore Capital, and yet all this faid, nay, it was done ; as be-
fore HetJant le !R0t!, ^relatt ^ ^eigneor^, before the l{jng, Brelats, and
Lords. Which is the thing in queftion. See the Cortimons replication in
Mr. Seldens Baronage, pag. 94.
In the 42 of 3d. Sir jo/^n Lee Steward of the King's Houfe, was
accufed of mifdemeanors; and the Record faith, Ct aprti tuangct tfu?
Drentle^ l^relatgi, Countjf, l5avom ^ afcunjj oe Commoner ^ tUoe:'
feutt fait Pentr ^iol^n %tz, After fneat came the Brelates, Dukes,
Earls, Barons, and fome Commomrs, and Sir |ohn Lee was fetcht thitlTcri At
thd Trial if any thing had been objeded which had been Capital the
Bifhops were prefent at it.
In the Parliament of the 50th of Edw. 3d. we find feveral perfons ac-
cufed of very great Crimes, and fome of which were in others Capital, as
in the cafe of Gomenitg^ and Wejlon, in i '^ic. 2. the Perfons accufed were
^chard Lyons farmer of the Cufloms, For that he had impofed and procured to he
put upon Wool, Skins, Leather, and other Merchandises, certain new Impofltions with"
out ajfent of Parliament, ipithout permijfion of the I^ing, or of the high Treafurer of
the P^alm, having not medlage therewith; and of other great Crimes mentioned
in this accufation. The fecond perfon was the Lord Ldtimr, who was
accufed for the lojs of the Town and Fort of Saint Saviours in Normandy, while
he was Captain there, and of the Town of Brotherel in Brittain, and of other Towns
and Forts; likewife of fundry other great Extortions in Brittain, and that he had^-
been partaker of all the evils of Richard Lyons. Vide Cott. Ahr. pag. 122. The
other perfons were William Ellis of great Yarmouth, as acceffory to Bjchard
Lysms .
I
C >5 ] . ■ .
Lyons aforefaid, and John ^each for getting to himfelf a. Monopoly of f\veet
Wines, and the Lord John tleVil for buying Debts diieto the iCing at un-
dervalue ^ and for defrauding the King for Soiddiers wages, &c. at all
which Trials our Author confcfleth that the Billiops wereprefent. The
Crimes were great and hainous, as raifing money without Tarliamentj lofs of
Forts^ a Crime Cafital in Gomenitz and Wefton; notorious opprefllon of the
Subjects, and cheating of the King ; thcle I prefume are greater Crimes
than a brable in the King's prefence, yet at which our Author cannot al-
low the Bifhops any Vote in the Judicatory. Now wTat I here oblerve
are the particulars which follow,
I. In the Trials which were of thefe Men I find a Mention of the
Lords of the Parliament, which fome would have to be meant to be the
Lords Temporal only, excluding the Bifhops from that appellation, and
here in the cafe of Lyons I find the contrary at the time of his Sentence;
we fhall find who were call'd Lords of the Parliament. Thereupon another
time the fail Richard was jent for before the Of let our
Author take notice that the Bifhops were now prefent J where it was faid
to him that it feetned to the ; ouf Author faith, Tl?e'BiJJyops are neyercom-
pri:^ed under that name, and it cannot he imagined they fl^ould he under the general eX"
pre ftoil, ^avcttz^^tiq,nzm^y)5^vm^^8cc.pag. 14. in the very 7iext Trial of
Gomenitz and Weflonj which I defire him to renierriber wihen we come
tb it.
What before I Hinted, The lols 6f fiindry Forts andTovvris, whicli
were Capital cafes, as to the Lord of Gotnenit:^ and Wefloiiy but not thought
fo now; and yet the Lords Spiritual confeffed (and indeed in the Record
they are faid to be J prefent alfo. So that it is not mofl certairij what ano- /
ther and later Author hath faid in the i^,p. That the 'Bifhops are never jfoken
^ of in any Bscord^ hut either hy the name of Archiepifcopi, Epifcopi, or Praelati,
or fome fuch -rtame to difiinguifl? themfroyn the Laity, and if they are Jpoken of, they are
ever firft named : So that that difcoiirfer may find them named here in a aene-
ral Word, Du and not in particular diflinguifhing
names, as Epfcopi, frdati. See. but of that Author and his Book more
hereafter.
j. That at all thefe Trials the Bifhops, are faid by him, arid fo indeed
they were, to have been prefent, and no body fays, (faith he) but they
might. ^ So that now the Bifhops arc Of l^arimment, and judging
in a cauie that might have been Capital. t
But faithcr, that the World may no longer be amufed and impbfed
upon in. this Notion of the Gentleman and the difcourfer, that except the
Bifiops are particularly nanied tky cannot he thought to he there* Let our Authors
fee the Parliament Roll of the 4 of Bfc. the 2d: in the graunt of a Subfidy,
where, I hope, they will not exclude the Bifhops; the words are
9 Commnnes ft font affente?, the Urds md COnmns do 'agree ;
and the words in the Roll, in a Capital cafe, of Sir (^alph de Ferrers in
the fame Parliament, are )^3tioni0nt OillOleOit
mt:
[.6]
iSPt. itltrOCtUt# it feomd to the Lords of the Larlmnient^ that Sir
Ralph WAS innocent. The words ^eigtieurij, $ ^etgncurjs! Uu patJe^
tnttlt) 3,re the lame. As in the cale of Lyons where the Bifliops
were prefent under the general words, ^Ctgneur^ UU l^atlemeut:
And in the cale of the Lord Latmier, where the Bifliops were preient,
'tis faid, Jnd foon after the Co?nmons haVtii^ this Anfwer of fuhnijfwn, prayed the
of tf^Z m the behalf of the Kjng ; And afterwards, am\ the '
Lords anfwered there untOy zsrc. And that thefe words, Lords of the Tarliamenty
are generally not particularly to be underftood of the Lords Temporal
only, will appear, plainly from the Lady Teriers cafe^ Anno i ^c. i. who
in that Parliament was caufed to come before the Trelates and Lords to Anfwer
certain matterSy O'c. And after the rehearlal of a judgment made againft
the faid Alice ^erierSy See. The Lord Steward fiirm'ifed to the Jaid Alice that it
feenied to the Of t\^Z that f?e had incur/d the pain coni^ritfd in
the faid Ordinames yAnd had forfeitedy csrc. Where the Prelates as well as the other
Lords Temporal are cxprefly here called , ^tgueutiS Ou
which was the thing to be proved. Nay, I dare undertake to give an hun-
dred inftances in the like kind, for the preient I add no more.
^ I L(ic. 1. William dd WeJloUy and John die Gomenit:^.\NetQ Tried in full Parlia- ' ' ,
ment, for ISlum. 38. and 39. of the Parliament'tis thus faid. (BttZtiZ^^ ^
iizm la Ult pl^w l^arlement. And they came and read the faid Schedule in "1
full Parliamentymd before that Num.i^. j©uele tJetttioh lue $C. tJlft fuft ^ COm* ^
manoe^ en cea i^at^lament pet ic^ pieipe)$ou)^ai:«
lentent. which petition was brought and commanded to be read in the Parliament by !
the Preldtes aiA Lordsy |^eet0 Of l^atllament. And afterwards on Friday^
&c. a auel jout De tjeno^elip le? Oit? Joi^an ^ UBtlitam amefnejs per la Dit
ConftalJle oePant le^ ^eigmouris alJanOit? en pletn l^arlement. Toe faid '
John William it^as brought by the faid Conftable before the Lords aforejaid in full
Parliament; and again, ^amat)p,^c. per duop le^ ^eigneurjs atariDtt? en pletn '
l^arlement iou? ajugent a la mojtt. Here I muft confefs it feems doubtful <
who thefe ^elgneuriS atanlJtt^, Lords aforejaid were ^ for that Knmh. 29. the
words are, thePrelateSy and Lordsy Peers of Parliament • and Kumb.-^^. and 39. ^
the Schedule was brought into the full Parliament ^ and that upon Friday the prifo- p
ners were brought before the Lords aforefaidyin full Parliament; and there was named p;
the Duke of Lane, and feveral Earls and Lords, ^ plufourjj autre^f ^eij^ ivi
neur0, ^aroniS ^ )&anneretjS; Many other Lords y ParoHs and PanneretSy ^0. 11
and-on Saturday they are faid to come before the Lords aforefaid agaiUy and that
too in full parliament, where they ivere adjudged to dye. I fay, to me it feems |i
doubtful (others perhaps may be of another opinion ) who thefe Lords in
aforefaid tpere, whether the Prelates, as Kurnb. 29. when they and the others v.;
commanded it to be ready isrc. or the Lords particularly named ; and pltt? Ch
faur^ autre0 ^etgnewrjs under which very probably tlie Lords Spiritual
might be comprized j I fay , who thefe Lords aforefaid were, it is not
clear from the Roll of Parliament.
I. Becaufe it is no where faid the Bifliops did withdraw.
z. The judgftient and anfwer of the priloners was given infuU parlia^
ment?
C '7 ] , . , , , ,
nient, and when ib a thing is done I think ^ill the Eftates muft be pre-
lent.
The Prelates, as in the cafes foregoing, may be and are rre<^uent-
ly comprized tinder theie Common words or Lordsj, znd I
am not yet iatisfied that the Bifhops are ever named firft hi ordcf^ efpeciat-
ly in fiich cafes as thele whereof we now treat, and at .which they were
not frequently, and I dm perfuaded do not noW defire (if their jufi.Rights
may be preferved and kept intire to them and their SucceflTors ) xb be pre-
lent; and I am in this point much of this Genclemans mind, when he faith^^
pa^. 105. I do not think it any part or decree of Honour to judge Hen to ljUth, it
is certainly an employment which in my opinion no body will enyy to any that hath d
rio-ht to it. , '
The caie enfuing ilext on the Roll is that 6f the hsidj Alice ^erers, who
as Sir ^bert Cotton faith, was brought before the Lords; but as the Roll of
Parliament hath, fait Unixz Deljant Usi Seigneur?! nu patp
latTlttit poUl? p She IPOS made to come before the Prelates and Lords
oj the Tarliament to anjwer, Crc. where you fee he makes no difl:in(ftion 'twixt
PrelateSj and Lords of Parliament. Her crime was that fhe contrary to an A(5i'
inade in the <jo Ed. ^. being there exprefly prohibited, had profecuted Suits
in the King's Courts, See. and particularly in the cafe of pichard Lyons-, here-
Upon the Ordinance was caufed to be tehearced by Sir pichdrd Scrope, by the
c5rderof the Prelates and Lords, in the prefence of the faid fhe was
adjudged to be banifhed and to forfeit her eftate ; of what ever exteilt her
crime might have been (for by the by'tis not, nor can always be known
cither to its nature or hainoufnefs, before Trial ,• and fo the Bifhops were
frequently, as is moft ptobable, prefent at fuch debates) however here
they were confeffedly prefent.
3 Pjc.i. The Merchants had killed John Imperial a p'ublick Minifterj
this was a great affront and difgrace to the King and Nation j hereupon
complaint being made to the Parliament, an ACt was drawn by the Judges In
the Kjng's prefence, and of the Lords Temporal. Cn pjtcfcncc Dtt lEop, ^ 1100 ^0igf
neur0 Cempo^el^ en le ^Barlement. Well what then Why they were not
prefent when the Judges were preparing it 5 grant tliQf were not, was it
pafs'd without them ? This argues aigainft the Bifhops legiflative power,
which this Author grants in feveral places of his Book, pag. 104. and
i 1 8. See. but now he iecms to forget himfelf.
4. p^!C. 2. Sir palph Ferrers Knight, was Arrefted by the Duke of Lanca-
jler, on the Marches of Scotland, for iufpition of Treafort, for that he held
intelligence with the French , the King's enemies, and had wrote di-
vers Letters of correfpondence herein with the Earl of Longoyile, the Lord
Cliffoji, and others ; upon which the rnatter is brought into Parliament,
where he was ( as our Author and the Record faith the fame too) acquitted.
^emtile0 Icp ^eigneur^ liu f^arlement que ie nit Bauf zMt inno?
cent. It feemed to the Lords of the Parliament that Sir Ralph was inno-
cent. Here our Author f^tith. Can any Man think the Pifhdps ivere therej and
F com*
c J.
com^nz$i under the general ex^ref^ion ofU^ ^eigneUt?! tJtt a element. Lords
of Parliament ? I anfwer, yes very well, they were called Lords of Pariia-
menty as before in the Trials of pichard Lyons, and Lord Latimer ; For 'tis ex-
prefly faid. That Lyons being fentfor before the Lords of the Parliament^
neurjj 0U ^atlement, ittvasthenfaidtohm, that "it feemed to the ^eigtteur??^
Tofdsj that his off^ences were fo great and horribley that he had not fufjicient where-
with to make fatisfaBioHy crc. But you may fee, to avoid repetition, the Bi-
Chop3 before in thofe cales before mentioned, proved in iundry Kecords,
to have been called Lords of Parliament, whither I remit the Reader j
only minding our Author that if he had confulted the very Record of Par-
liament, out of which this Trial is taken, he would have there found
the word to include both Eftates, and that in the grant of a
Subfidy. ^etgneut:?; ^ Communejs U font alTentueg^; ac» The Lord^
and Commons do affent, isrc. Except he will exclude the Bifhops from voting
in the granting SubEdies, which I hope he will not do. The fame
proved, i H./\.n. y Henry de Percy Lzri of Morthmtiherland andConftable
of Englandy demanded of the Lords and Commons whether they did a-
gree to the continuance of the Parliament ^ &c. the 17 Ed. 4. w. 1. and in
infinite other places, except this Gentleman will fay, which is indeed to
beg the queftion, that they are Lords in all other things but not in the Judi-
catory of Parliament ? If fo, I refer to Mautrayerfes's cafe where the word
mufi: exprefs fome noble Men or other, there were no Dukes pre-
fenc,and Cptttltjl and comprize the Lords Temporal; what then can
Peers, who are there and in the three following cafes, SlttgCp PU^atletU^y
comprize except the Bifhops ? So that ev-en in Capital cafes the Bifbops
were prefent of neceffity, for the word is expreffive of fome-
what; and if you perufe the Catalogue of the Lords fummon'd to Par-
liament,4 Ed.-^. you will not find one Duke, for thefirft of the Temporals
is Thomas Earl of Horfolky by his place Marfhal of England, and then John
Earl of Cumberland the King's Brother, and itisclofed by SkWetow,
and Parthol de Purgherjhe "Warden of the Cinque Ports.
The next cafe is that of the Bifhop of TPoryaich, for his ill management
of an expedition undertaken by him into France, 7 pic. 1. fiindry mifde-
meanars are charged upon him, as the mifpending the King's Treafure
by them received, and that an account might be given of it, and the
refidue if any employed to the King's ufe; the Bifliop protefting earneftly
hisinnocency herein, defires his Trial, and that he might ^penly give an
account in Parliament before the Lords of that undernaking , where
he fully purgeth and acquitteth himfelf; but at lafl another charge of
10000 Franks of Gold for the delivery of Graye, is charged on him ,
of which yet he did very well acquit himfelf. And at laft what I defire
may betaken notice of, that for thefe his mifdemeanors he was adjudged to
make fine and ranfom to the King, and to have his Temporalties feized, and.
that the Judgment was paffed on him by the Lords, by afleiTt Of ti^e
incttt, where I hope the Author will not deny but that there were Bi-
(hops prefent. SeeCott. Abr. ypic.i, ELumh.x'^. Pot,
C '9 3
^arliamenti I o ^c,i. w. 4. er 5. In this Parliament all the Commons
mth one accord^ and in one ajfemhly, came before the iQng, Prelates and Lords^
Ijant Ic lEo^, ^ complaining grievoufly of Michael dt
la Toole Chancellor of England, acculing him by leveral Articles, and
amongfl: the reft I find an accufation expreily infifted on by the Com-
mons againft the Chancellor for bribery, and they parallel his Cale
with- that of Thorp chief Juftice, before mentioned , and prayed Judg-
ment againft him according to the Condemnation of the laid Tf^orp ,*
which was for a crime Capital. In manner following, Jnd to the anfwer of
the ffch Article, the Commons prayed again, propofing the example of we Will. Thorp
late chief Juftice of the TJng's Tench, furmljing that he- took 201. of one party
ivho had an Office in plea before him, and for that he fold the Lain, fO^ CaUfC ijk-
31uDgeD to ^tat% ann forfeiture of i^ijS anu C^^attelis, and fay in
fo much as the faid Earl was fo Chancellor, and took an 100 1., i^c. of the faid pro"
yifon there proVided'Jo be deliyered out of the Jfings Hands of his profts, Hnhkh hi
ought to haye done according to the Command of the Jfing, freely without taking
any thing, it feemeth to them that he hath fold the Lala, and pray en Judgment. The
Bifliops here are exprefly laid to be prelent, which our Author confefleth,
and yet the crime Capital; and not the leaft mention made in the Roll of
their withdrawing as our Author lurmileth they ought to have done in
cales of that nature.
Now at laft we come to the main of our Controverlie, vi;^. the Parlia-
ment of the i lo^ Tj;C. 2. where the five Lords appellants^ the Duke of
Gloucefler, Earls of Derby, Arundel, Worcefler, and Earl Marfyal, made
their open and Iblemn prdteftations, that what they now undertook touch-
ing their appeals, was for the honour of God, fafety of the King, and
Realm, and their own Lives. Hereupon the Archbifhop of Canterbury
and all the Bifhops of his Province^ made their proteftation likewile open-
ly and folemnly, and the Bilhops of Durham and Caerlijle did the like after-
wards, jgiueile p;M)teftation leue en plein f^arlement al inftance ^
Duoit D' archehefque, ^ leu autrei^i^jtelat^ fusitiit?eftenroUe wenmoUe
Du i^arlement per CommanDemant tjuiRop^aftentitie^etgneur^CempO'
relSl ^ CotUTnune^. Which proteftation being read in full Tarliament, at the injlant
defire of the ArchEjhop and other the Trelates aforefaid, was entered upon the of
Tarhament [ not journal only of the Houfe of Lords ] fjp Commanll0
ment of tfie tiing ann the aiTent of the U'OjlJ?} Cempojtal anu Commonjf;
Which is all the formality of pafsmg Laws in Tarhament, as our Author faith, pag*
23. which was tifed in thofe times, which was only to haye it entered upon the ^(o//,
that Juch a thing was agreed upon by the Kfng and the two Houfes, then it was
drawn into the form of a Law, afterwards by the Juftices and tQngs Councel when the
Tarliament was rifen. And to this opinion of our Author doth Mr. Trinn in
his Preface to Sit d(obert Cottons Ahndgment, and I think every body elle
agree, his words are. The T^lls of the Tarlia?nent were engrojfed and made up by
the Clark of the Tarliament, with the afftflance or fuperyifing of the Lords and
Judges and Commons too yphen there was occajlon. Now our Author goes on,
t''S-
£ 20 3
2-S above. So whatever was the Law before, it is now come to be the Law
and ^I(ule of L^arliament and the Law of the Land. 53ut ttt ttUti) (faith he)
ft ICDS?! fO anil altoa^is fo. This is the Cardo Controverfi'^, the hinge
on which this Debate turns. Now what this Law is, you may fee it ful-
ly and faithfully fet down and compared with the Parliament Roll in the '
Records in the Tower, which is a thing which never yet hath been done
neither by this Author,nor a later who it feems hath wrote after the fame Co-
py 12 but of him more afterwards if it had been this Controverfie had
been at an end. It is in pag. 7)8,9.
For iirft, the former of thefe Authors doth confefs the whole truth^
that it is a formal and effential Ait of Parliament, but the later is nei-
ther in this nor in other matters half fo ingenious^ for he, page 24. Of
his difcourfe of the 'Peerage, will not acknowledge it any more than a ria-
ked protejlation, and that in it felf is no argument of right, neither doth the
permiflion or allowance of any proteflation yield that right which the
Proteftor is defirous to fave, but is only ( as he faith in his Gothick Lan^
guage ) an Eftopel, in plain Englifh, a hindrance of the concluding any mat-
ter. But pray ( good Sir ) was this only an Adt of the Houfe of Peers ?
Was it not done by the afTent of the Houfe of Commons, and the King's
command ? Which is ufually tCUlt, nay did not the Clerk of the
Parliament, Judges, King's Councel, &c. enter it accordingly [] not on-
ly as a mecr formal proteflation in the Houfe of Lords Journal ] but
in tf)Z IRoU of it felf, where all other Adls (but no prote- ,
Rations) are entred, let the difcourfer, if he can, give us an inflance of
any thing that was not a confefl Law, that ever did in fo folemn a manner
pafs the King and both Hoiifes affent; and befides let him read the Parlia-
ment Rolls in the Tower (to which I find him utterly a flranger as fhall
afterwards appear fo, that he that runs may read him ) and I promife my felf
he will then find himfelf miflaken, and that Mr. Trinn faid right as before^
That the Judges, Ifings Councel, and Clerk of the Tarltament, engrojfed and made up
the <^lls of Parliament, as before, <tjrc. And that formal proteflations never
paffing the King and two Houfes were never put into the Parliament RolL
Let this difcourfer refle(5t upon his own inflance of the Bill againfl pro-
vifors, under d^ic. 2. doth he find though the Clergy, as he faith, op=
pofed this Bill, their proteflation in the Roll entered by the command
of the King and the affent of the two Houfes of Parliament, I trow not.
And fo much for the prefent of him, who I hope before his next attempt
will learn to diflinguifh between a Journal Book, and a Parliament
Roll. .
But to put the matter out of all queflion, and for this lafl Authors ful-
ler inforrrtation, he may know the very lafl time the late learned Lord
chief Juflice Hales did fit on the Bench, there was a Kullum tale pgcor^
dum pleaded ^ and the Defendent laid the matter pleaded to be an A(51: of
Parhament, was only a Petition, (for all Laws which began in the Com-
mens Houfe, as Sir Edw. Coke obferves were fb drawn) and that it had not
♦ the
I
L ]
the Kings ejcp.zef^ ContlUanD, his which yet is here,- and
therefore the Defendants Counfel thought and inlifted upon it alio that
it \va« no of Parliament. But the Lord Chief Juftice overruled their
Plea, and laid, It was a good JH of Parliament, for it enroll'd in the Parliament
^oll, and certified by the Clerk of the Parliament u[mi Oath into the Chancery, as an
Aci of Parliament, and therefore fo it was to he held ^ elfe all the P^lls of Varlia-
mnt ^ on Pecord either in the Chancery or the Tower might he queftioned , as they
ougjyt not (if the Polls had not been fnch as they pretended) to be held in ihatyerieration
which they are, neither ought the Mafier of the Polls any longer to be ftiled, Sacrorum
Scriniorum Magifter.
In the next place let us corrie to the Confideration of what is here gran-
ted and proved to be a Law.
And II. It is granted that by the Law and cujlom of England, ^
tnHint tCgtli That it doth belong to the Jrchbijhop of Canterbury, for the
time betn<^, and all other his Suffragans, ^Brethren and fellow BiJJwps, Abbots and
P/ •iors,and all other Prelates whatjoeyer, who hold by Barony of our Lord the L\ing,tq he
perfonally prejent w aUl^arltament^ a?5^eergipf5&mgiiom>
and there to Confult, Treat of. Ordain, Conflitute and Betemine
anP ott^zv tpingp tf^zvz ufualit Created of, togeti^er tt^z vz^
of of fato ^ftlgDOtn, '^nd others haying intereft there. to DO aU
Of3^ettpfng0 topfc]^ tl^ete ma^ i^appen to fte Oone» Here the words are fo
exprefs and full that there are five points in controverlie decided.. ....
The firft is^ that theBilhops by tl^e ILatD anO CUffOW Of are
to he perjonally prefent in all Parliaments whatfoeyer to determine of the affairs of the
J^mgdom and all others there nfually treated of f I hope impeachments are liich as
thefe now in queftion f together with the refl of the Peers, of the fftngdom that haye
intereft there, and to Oo att ot]^et ti^wgp tpat map tl^ztz i^appetj to fje tione»
. The fecond Point is, That they are ^ZZt0 Of th^Z iEWgOom the realbn is
given J becaufe they hold by Barony, and therefore haye right to treat of, ordain,
of the affairs jof the Jfingdom and all others there nfually treated of, tOQZtf^Zt
of tpef^eerp Of tpeiaioMngOom» , r .
The third point, ci^at ti^eft €ftates5 ano o^Per tiefng fatieP to ti^m fntfre
they did intend and will be prefent in this prejent Parliament and all others a^
of ti^e.fatP I^iugPom.
The. forth and moll material is, where they give their reaion why they
cannot be prefent in the prefent Parliarnent^ is becaufe jQ7ne. matyers^ will there he
treated of tnwhifh it is not lawful for them aCCO^Pttfg tO t\^Z (nftitUtfotlp Of tl^e l^Os
ft CatlOITp 0? la"to Cattottioll to be perfonally prefent, therefore they protejt that they
iiitenti uot ip'LatU tl^tp caunot. Now pray Gentlemen what Law is here
meant,the Law of the Land,or Canon Law,is it not.the Canon Law imrriedi-
ately preceding ? It cannot be the Law of the Land Ipokeii of in the beginning
of the Protellation,for by that they fay they can be pre lent in all Parliarnents,
and all debates whatfoever in Paiiiam.ent,. and that by that Law they will
be ^relent in this Parliament, pray let the Bilhops Ipeak fence, and not be
thougat to contradict, thernfelvesy certainly they kiiew mucli better ; whereas
G both
>
[ 3
both thefe Authors would wreft thefe words of the Proteilation and make it
to (peak contradictions, elearly againft the main fcope and import of it j for
the reafon here given why they abfent them(elves, is becaufe (fuch mcdters trea-
ting of ^lood ) are debated of and upoH 0lCCOUnt, fay they ( not by the
Law of the Land we cannot, for by that Law, fay they, we may as be-
fore) we will abfent our (elves, &c. But how ?
Fifthly , They will ablent themfelves, of
and the ^ght of eVery one of them beingprejent in the faid Parliaments a^ to all
and eyery thing there to he done, agreeable to their EJlates and Order, in all things to
every one of them faved entire. That this is the expreffe words and clear mea-
ning of this Record and Law, for it is (o acknowledged and (I think) well
proved too; the former of thele Authors (aw, for in pag. ip. he (aith,
il^at the dBtJJ?ops ahfented themfehes from Parliament, in regard fuch matters, ( Vi:^.
impeachments) were to be there agitated but with a Saho to their right; Which fome
((aith he) l^ill have to be underjlood of a Pjght to be prefent when thoje matters Vaere
in agitation, but this ( faith he) could no ways be their meaning, hut they protejied
their having a P^ht to fit and Vote in Parliament upon aH other occafions in the general.
No, Sirj by your favour not only (b on all other occafions, but in all things
whatfoeVer any other Peer might Vote in. And now I (hall (hew the reader
what thefe two Authors have left out of this Proteftation, and leave it with
him to gue(s at the reaibns of their fo doing : All the beginning is wholly
left out, which is the mod material part of the Law, for Pgitio legis eh
anima legis, the reafon of the Law is the foul of the Law ( as the Civilian faith
Whereas by the Law and Cujlom of the J^ngdom of England, It doth belong to
the Archbifhop of Canterbury for the time being, and the other his Suffragans, 'Bre-
thren, and fellow 'Bip?ops, Abbots, and Priors, and all other Prelates whatfoeVer, who
hold by Barony of our Lord the Kjrg, to he perfonally prefent in all Parliaments whatfo-^
ever, as Peers of the Kfngdom, -and there to Confult, Treat of. Ordain, Conflitute,
and Determine of the Affairs of the Kingdom and other things there ufually treated
^f, together with the rejl of the Peers of the faid I^ngdom, and others having inte-^
refl there ^ and to do all other things which there may happen to be done. Secondly^
The Reafon giveft on what account, Wl ea palate? they abfented themielves
left Out, to make way for their interpretation of their dejure nonpoffumus,
which as before is underftood of the Canon Law, that they might have
underftood of the Law of the Land, contrary to the exprefs words of the
Proteftation in the beginning of it; whereas the words in ea parte refers t-o
matters of Blood' that were then in agitation, and upon which account
the Bifhops declined to be prefent. gjute ^^aiPttati?; ttOftre, a CUjUflibet
mm inteteffentjf in Ditto f^arliamento, auoaD mwnia ^ fingwla tnibi cjccromua
itoftnj5,^eo?umcujuflibec^tatui ao?Dim congruentia in ornnibujs fempev
faltiisK omitted. If thefe Gentlemen fay, that they had occafion to exprefs mo
more of'this Proteftation, I muft agree with them herein, for indeed as the
Reader fees it is not for their turn, and makes againft them and overthrows
whitpver they have writ; for indeed had fhis confeji Law been faithfully (et
dowri, and traQflated into Englifh as faithfully, all our pains had beem!^-
ved'
C ^5 ] . .
ved, and the World not amufed with a ControverfiCj the generality of the
people, fo little underftands.
20 ^c.i. One Timnicvs Haxey Clerk, preferr'd a Bill in the Houre of Com-
mons for regulating the expences of the King's Houfe, complaining that
many Ijilhops and their feryants, and many Ladies Itkewife and their compajiy,' lived in
the lyings family and at his Charge. This cafe is not capital, as any body may
fee, yet the King taking the matter in evil part, as he had reafon fo to do,
and for that the Bill had it feems found reception in the Houfe of Com-
mons, the King was exceedingly moved at it, and by his own- mouth de-
dared to the Lords, that it was an offence againfl him , his Dignity and
Liberty, and willed the Duke of Lancafler to fay fo much to the Speaker of
the Houfe of Commons, and that he fliould declare the name of him that
fo exhibited the Bill ^ and the Bill was delivered, and the name of the Ex-
hibiter, by the Clerk of the Parliament to the Clerk of the Crown.
After which the Commpns came before the King, and (hewing them-
felves heavy of dear, and declaring that they meant no harm, they (ubmit-
ted themfelves to the King and craved his pardon; See Sir (^Cottons Abr. p.
^61. Notwithftanding which Haxey was Tried and Condemned as a Trai-
tor, as to the Juftice of it I fay not,t for i H. 4. that Judgment was re-
pealed as erroneous, as being againfl the right and the courfe of Parlia-
ments j and the Bifhops, I do believe, refufed to be prefent at it • and I com^
merid their prudence, for othefwife it might have refle<51:ed upon them
and their order; but afterwards I find them interceeding to the King for him,'
ioT the Record faith (as our A.uthor likewife hath it) ^ait
ap^eis le Ci^antJelute matntenant apjte? It ^ugement reniju tZf
fjeijs (^aicet queCuft ajugge? en J^arlement a la mojtt come Ctarto?,
Ijwo^tent oefjant le Eot otec granti V ^rd^etefque, ^c. <Be it re-
memhred that Wednefday after Candlemafs day, immediately after Sentence was
pa jfed i^ainjl Thom2isHixeY, <(src. the JrcJdipop of C2LnteThur:Y, and the other
prelates, came Very humbly before the }\ing,and hefought the King to have pity and com-
pajfion upon the faid Haxey, and to remit his execution which the Ifing, granted.
From all which our Author eolleds only this, that the Biflbops was not
prefent at an irregular condemnation, for fo it is (aid to be, 1 H. 4.
fountte o?Dtt ^ courfe que aljotf efte Detjaut en i^atlement?. Jgainf juflke
md the courfe of L'arliaments. And if they were not prefent, he knows the
old Rule, Liceat unicuique recedere a fuo jure. Every Man may forbear for a time
to uf his right, if he fees a reafon for it, and his (o doing doth not preju-
dice him , but his right remain to him fecured upon the higheft (ecuri-
ty, of a confejfed AB oj Tarliament 5 And fo the cafe was here, and that it
was the right of the Bifliops to be prefent at fuch judgments in Parlia-
ment it will appear, for that in the very next Parliament which comes
now to be fpoken of. I find the whole Houfe of Commons with their Spea-
-ker folemnly and openly before the King, in open Parliament, afferting
the fame, and faying there had been many erroneous judgments given, and
they repealed for their abfence, and therefore they defire of the King that
C ^4 ]
they would appoint feme to be their common Proctors, with fufficient au-
thority thereunto. Come we now to the Parliament which was held.
21 ^c. 1. In this Parliament Thonm Arundel Archbifliop of Canterbury
was impeached of high Treafon, and it was delired by the Commons that
he fhould be put into iafe cuftody, and becaule it touc'fd io great a per-
fon, the King anfwered he would be advifed, however thoCommons went
on with their impeachment; and that what they were going about might
be firm and eftablifh'd, and not void when it was done, for fo they
thought it would be, if the Bifhops did not give their confents at the
judgment, they prayed the King, asbeforej that they would appoint fome
to be their common Procurator with fufficient authority thereunto, which
they did three feveral times in this Parliament. The firft time Was at
this impeachment of the Archbifliop of Canterbury when they appointed Sir
Thonicis de la Tercy^ who was afterwards in this Parliament created Earl
of who accordingly in their behalf when judgment was given
againft him , gave in his Suffrage with the reft of the Lords againft
him. dttoi nottt^e litt ^eigneuvle Eot ^ tout? le? ^etgneur^ Cempo^
ral0 ^ etant poar Cufiictent oe la ^?elat? ^ Clcrgp uu
Bopalme ue c^ugleterre come piert le t^eco^u enle Dtt f^arlemeut aojuggerent
atieclaPeteut ceft article^ couu? pe^ leoit ^rci^ePefaue put 'SDtallon^ upo?t
i&hich our Lord the JQn^, and all the Temporal Lords, and Sir Thomas de la
Percy being jujficiently empowered from the Prelates and Clergy of the JQngdom of
England, as appeareth upon record in Parliaments judged and declared this Ar^
tick acknowledged, by the Archbijhop to be Treajon, <jrc. 'Tis acknowledged that
the Bifliops were not here perfonally prefent, but that they were reprefen-
ted by Sir Thomas de la Percy their Procurator fufficiently authorized, and
this fliews (faith our Author) Tlmt the, Pifl^opSj as Pipops and Clergy meUy
could not be there in their perfons. 'Tis granted they thought they could
not be there, and they give the Reaibn in the Proteftation, in the 11
why they could not, becaufe they were prohibited by the Cannons of
the Church to be prelent; du??i de hujufmodi materiis agetmy while matters of
blood are in determimtion. And that ( as this Author faith) rather than they
would be prefentj they appointed a Layman who was then no Peer, but
prefently after was, to be their common proxy. Well what then, fuppofe
they did? Why it was an unufiial thing. And fo it is that the Bifhops
who are Peers of the Land, and Barons of Parliament, fhould not VotCj
if they pleafe to be prefent, in all affairs in Parliament, having com-
mon right with the other Peers. Put it was neyer done but in that Parlia-
ment. And the Gentleman can give himfelf the reafon why it was now
done, becaufe that divers Judgments had been repealed, for that they had
not been prefent by themfelves or' Prodor ,• and that hereupon, becaufe
they the Commons would make fure tpork, they petition the King that he would
catife the Bifhops to doit. The fecond time it was done was when this Par-*^
liament was adjourned to Shrewsbury j it was there given it feems by Vote,
only, to William le Scrope Ezxl of Wilts, for the Roll of Parliament faith.
ce le?5 i)t'? ^ nomerent $ d^uenerent pet; boifc^e
Be la ^crope Conte Be la wilt^ commetant $ Bcnantalut pleiti poat aulTr
adant a tn matieve come fetitt com^^ a i^r. €:^oma$ Be la l^erc^, $c* Upon
whkh the Trelats and Clergy named and appointed in parliaments by tpord of mouth,
William de la Scrope Earl of Wilts, and gave h'm the fame power^ as full and in
the fame manner as before had been granted to Sir Thomas de la Percy. Here
the matter of fad: is agreed 'twixt the Author and my felf, and he only
notes, that it was given to Percy being a Commoner by Commiflion,
and unto the Earl of Wilts by Vote openly declared, which, is not mate-
rial and fo I pafsit. The third time was in the fame Parliament, in the
bufinefs occafioned by the quarrel of the Dukes of Hereford and Norfolkj
v/heii as our Author hath it, ( the Record faith the fame) the whole mat-
ter was referred to the King to be by him determined, by the advice of cer-
tain Lords and Commoners there named, and to them were joyned as
the Bifhops Procurators the Earls of Worcejler and Wilts. All be hath here
to objed is, that this argues a great unanimity in the Voting of the Prelates. And
fuppofe it do, muft they loofe their Rights becaule they all agree in
thefe two Earls to entruft their Votes with ? I hope not. Yes, but this is
mpdrliamentdry, a thiig never praCiifed. And this Gentlenaan knows it was
done attheinftant prayer , arid petition of the Houle of Commons, , that
their proceedings might he Valid and not afterwards (piejlioned in future ParlidmentSm
This they exprefly fay themlelves, and it was done accordingly by the
Bifhops at the Kings command* But now comes the great AnEver of our
Author, which like a Torrent fweeps down all that we have faid at once,'
'Aixsveia tk TraMst
Au^a, ynf tuMO? vJkn ngpiloti XAK'H.
Affyrius niagnam. Euphrates vim volvit acpuarurri.
At multa illuvie fHdjue it tiirbidus ulva. Callimach. Hymn. 2.
Tl^e Stream 'tis ctmfejfed is ftrong and heady, but the water not fo clear: And here
I muft put this Gentleman in mind of Our fifth Poflulatum, and his concef-
fiOn which I before told him I ftiould make ufe of; 'tis in his pag. That
there ought to be a diftindipn made betwixt the matter of a Law and the
manner of its enading; the thing in queftioii betwixt this Gentletrian and
my felf was, about the manner of paffing thbfe Laws, in the 21. of
2. whether they Were not good La\vs for that the Bifhops did not perfonal-
ly Vote there but by their Proxies j he faith, their fo voting was irregular,
unparliamentary, and what not, and that the whole Parliament it felf is
repealed in the i Hen. /\. And no wonder if it was there repealed j this
Gentleman faith, that both he and the two fubfecjuent I^ngs were Ufttfp^t's, and
the r Edw. 4* faith, the were IQngs in faCi and not in right,' and fo they were ^
no marvel then, I fay, if that Parliament of 21 of <2yc. 2. was repealed
by ii/. 4, for this Author very well knows that the proceedings in that
H Par-
Pirluiraent of 21 of were jufl and lawful, being againft thofe Trai-
tors who vvent about to depole their lawful Soveraign ^ i. and that it
was in favqur of them and their heirs, that that Parliament was repealed by
Hen. 4. whorn he calls an Ufurpery and who indeed was not lawlbl King^
and who could do no lefs than do that ad: of favour, or rather tnjuflice
for fo it wa^y to requite his friends who had but jullly hiffered tor his title
under their then lawful Prince and Soveraign. And the Roll of Parlia-
ment of i H 4. gives the true reafon in thefe words. 91tem p^tteut lejS
Commutie^ que Coitie tie (Sngleterre feconn Ian De fon
mgne tnnt $ premier fin arrefier latci^art) naDsaire^ Count o'^runoel %
fie ^urrep (m plem l^arlement) ^ autre^ ^igneur?; oe motalme a caufe
fie lour q^it eel lufiice, loial eounfcil, $ gopetnance quiijs fifierent $ tie*
fitevent tout^oit^ ai Co^one^a^loialp liegeis fiu Eotalme, ac. In like manner
pray the ConmonSy that whereas Richard the Jecond, late JQn^ of England, in the
one and tiventieth Year of his raign did make to be arrefted Richard late Earl of Aran-
del and Surrey in full Tarliamenty and other Lords of the l^ealm, for the caufe of
their righteous Judgmetity loial Counfel and GoVertiancey which they manifejled and deji-
red to manifejl to the faid Crown y and as loyal SubjeHs of the ^alm, <(jrc. Here
is the true realon given of the repeal of the Parliament, they had been
tainpering againft their lawful Prince, to let up an Ufurper, as he calls him,
4nd were lawfully impeach'd and condemned in that Parliainenc for
their Treafbnsj hereupon the Commons interceding for them, pray their
reftitution in Lands and Blood, which ever in fuch revolutions as thefe were
was moft ufual. And now to give our Author a fight of himfelf, and to
bring him, as Alexander did his horfe to the Sun that he might not kick and Jldrt at
his Jhadow ; he faith, that in the 4 of Ed. ^. ^ger Lord Morthner Earl of
March was condemned as a Traitor, and he will fay it was regularly and
Parliamentarily done, for that he was ( he faith fo ) adjudged only by the
Lords Temporal, and yet this Judgment was reveried for the Errors
thereof in all points in the Parliament, 28 Hd. 3. Cort. Abridg. 85. And
fo by his way of arguing the Judgment being annulled, it fhould be for
the manner of its pafling, which as he faith, was by the Temporal Lords
only V iu like manner Earl of Cambridge was condemned, in the 3 H
5. for Treafbn by- the Duke of Clarence and other Peers, Earls and Ba-
robs at Southampton, and that Judgment, afterwards brought into Parlia-
mentj and there ratified in full Parliament, where the Bifhops were pre-
lent, which I defire this Author to t^ke notice of 5 and yet all thefe pro-
ceedings were /epealed, i Ed. 4^ I fuppofe this Author would not fay
that it was done for the form of Judgment pafled on him by the Duke of
Ctarencey and the other Peers of Southampton, for this was very regular
( will our Author fay ) it being done by the Temporal Peers only, and
afterw^ds ratified in full Parliament, but it was for that he was of the
Xorkifh party, and in that Line was the right of Succefiion, and therefore in
Juftjce he oughtj. as he was in his SucceSbr reftored by Ed. 4. In like man-
ncr thq Duke of Kiork and the other EarU who fought in the battles of
,, St.
C >7 ]
Sc. Alhms^ <Bloreheatby and Ludlow^ were all Attainted and Condemned for
Treafon, &c. as before lintimated, p. 29. and their Lands in fee and tail
forfeited, and yet thefe proceedings were repealed ( being nothing defici-
entinform) in the following Parliament of tke 3 9th of A/. 6. for that the
Houfe of York was then going to be reftored to the Crown ; I might be
infinite herein, but thefe are convictions enough to this Author, that there
was no deficiency in the forms of proceedings, but for that thefe matters
which were formerly fo tranfaCted, in favour or out of juflice to the fuf-
ferers, were again brought on the flage retrieved and,repealed. So that
we willingly grant that this Parliament of the 21 is repealed in
that of I H. 4. who in truth was not lawful King, but it was not done be-
caufe the Biihops made Proxys (as he weakly argues) in that Parliament;
but becaufe thefe Men had embark'd with H. 4. in an evil caufe, againft
their lawful Soveraign, and fo when he came to the Crown he could do no
lefs in gratitude, though in juflice he ought not to have done it, neither
oughtthey to have been rewarded for this their rebellion; but only fo it wns
then done, and right was trodden underfoot, by the poiver of an Ufurper. Moreover I
would defire thefe Gentlemen to take notice that what was here done by the
Bifhops as to their abfenting themfelves and making Proxys, it was done
by the King's command and at the petition of the Houfe of Commons.
^out aUof jusgemmt^ $ o^nenance^ fait en le meigtte^ tie la t^ti^
eeC[o^0 tm en t^vlement, ac; f 0; ti^at UUtit iuDgment^anO i^^Dinan^
fegimalieintj^eEeignoftl^el&ing^ f^?elieceflo?0 \^not ody rin-the mfeijof ithe
Spenfbrs, 15 2. immediately Predeceffor to this King, but in the
Reigns of his Predeceffors in the plural, fo that it was oftjier done than once ]
and the words are diverfe Judgments and Ordinances of. the d^ng. in Y^arliament
have been repealed and adnull'd, for that the Clergy were not prefent in Par-
liament at the making thereof; the Commons prayed »the Kl^ that for
fecuricy of his Perfbn, and the prefervation bf the Realm, the faid Pre-
lates and Clergy fhould appoint a ProClor 'with fufficient power to con-
lent in their names to juch things as fhould be done in that Tarliamnt j they had be-
fore in the Parliament of the 11 of this King's raign, given the reafbn why
they could not be prefent at fuch Trials as before ] pag. 8. and
what they now did was the d\ings exprefdcommand at the Commons recjuefi , and
for the reafons aforejaid (for that diyerfe Judgments, and by the ajfent of both
Houfes ef Tar liament. Yes, but faith this later Author, the difcourjer, that
this was a palpable mijlake de faClo of the Houfe of Cowwowj, pag.26. and again,
faith he, it ')l?as an unaccountable-, a Mery firange oyerjlght, in the Houfe of Com"
mons at that time, pag. 27. that they became Imoyators on fo falfe aground,
and thus 'tis ufual with thefe Authors to anfiver-Arguments and -Prece-
dents, which otherwife are unanfwerable , -that they are Irregular, unparlia'
mentary, unufual, Errores temporis, extrayagant, ^c. - As the firAuthor, pag.
28, 30, 79. and as to this later, that they are palpable mijlakes in tJje
Houfe of Conmwn?, that they are fthange and maccountahk jfVerfights, Innoyations
uponfalfe grounds 26, 27.' Now pray Gentlemen is this the way to
anlwer ^
anfwerthie Argumfents and Precedents, by telling the very Gentlemen of thd
Houfe of Commons, who then were and knew all the circumftances and
leafons of their own actings, that they were much miftaken, that they
a^ed irregularly, unparliatnentarily, were extravagant, and innovators.
See. were they not likelier to know much better of thele things then your
(elves, who are but Men of thefe Idjl and puny times. Gentlemen, I will
take the liberty to give you a very (I think) pertinent inftance in this mat-
ter, I pray take it not amils, for I intend no refle<5tion upon any perfon
or party of Men. You know, or I prefume may have heard, that a very
great Lawyer Sir Edw. Coke was of opinion in the 4 Jnjlit. pag. 10. that
Wdfmgham a grave and (bber Hiftorian, who wrote of his ownr times
and things then tranfaded, and of which he either was or might have
been an Eye or Ear witnels, had been guilty of a great miftake, error and
untruth, in laying that Common Lawyers Were .excluded by exprels
words in the King's Writ of Summons to the Parliament of 6 Hen. 4.
Certainly the Hiftorian then living, and being knowing, nay curious in
thofe things, might probably be thought to know the truth hereof, bet-
ter then Sir Edw. Coke who lived Ibme hundreds of Years after him, how-
ever Sir Edw. in the place before quoted, doth confidently charge the Hi-
ilorian with an untruth ,• whereas indeed he hirafelf was in the miftake.
For the words in the Writ are, and now to beleen in the Tower, 2Yo/u-
mus atttem quod tu out alupiis alius Vkecomes regni mftri aut
]^omo aD leisem aliQualiter at electu0«The application or here-
of is obvious, here were the whole Houfe of Commons ( not a fingle
Hiftorian only ) openly avouching matters of facft of their own or im-
mediate precemng times, openly contradi(fted by an Author, I am fure far
inferior to Sir Edw. Cohy they fay it was done as before, til
mnt& anD ^^ainance^ of f^arliament. ^nOmtl^e Ifttngis
tune, wot Ottl^ tW tintt of Edw. 3. This Author very confidently faith it
was done but once,in i^Ed.i.3,nd how much he is to be trufted even in this
(hall after appear ; they lived in the times when thefe matters were agica-
ted J this Author lived a Century of Years very near after Sir Edward, and
fbme hundreds after the Houfe of Commons, to whom he doth in ef-
fe(51: give the Let the reader fay who of thefe are likelieft to fjpeak
truth. And fb far for that Parliament. I come in the nejst place to
that of a Af. 4. where we fhall find one ^ckill one of the Judges of the
Common Pleas, who had been fent to Calais to take the Confeflion of the
Duke of Gloucejler, call'd to give an account of that matter, he was um
der arreft for it, and was brought into the Parliament to do it; againft him
the Author here confeffeth, p. p • that there was mithr charge nor impeachment fo
the &Jhops might he and ipere prejent at his examination; but mark our Author,
theymufl (Cmhhe) hayenohand in giying any Judgment upon it, hecaufe it might''
'^aye. heen preparatory to an accufation and impeachment. Is not this plainly
-nWrt/.utd ferye an Hypothefis, he very well knows that the matter he was to
jnovc was, that the Bifhops are not tp Vote in Capital cafes in Parliament,
. --f.' and
cmd
C ]
$"7^
here
examination, prelent they were hehimfelf
confeiTeth, and it leems he was not in any fault, if fo there was no need of
tlieir being any farther prelent, nor for the Temporal Lords neither any
Eirther to be fo ^ and fo I leave it to the reader, to judge what this makes
for his purpofe.
In the fame Parliament one ffl//, a fervant to the Duke of ISLorfolk^ whci
had a hand in the murdering of the Duke of Gloncefter at Calais^ is brought
into Parliament there to be Tried, for that by his own confeflion he had
a hand in the death of the faid Duke; the murder and the circumftances'
thereof is at large related in Cottons Abr. pag. 406. here needed no great
pains to be taken to prove the f^ivft upon Hall, who himfelf had openly
and freely diiclofed it," and confefled himielf guilty of it 5 and here indeed
I find no exprefs mention of the Bifliops being prefent at his condemna-
don , who 'tis very probably might not be there, but leave the matter to
be'tranladed by the Temporal Lords, without any impeachment to their
right, It being feciired as before,as our Author laith, by the fecurity of a con-
foffed Adt of Parliament, i i ^c. 1.
2 H. 4. The next precedent our Author fpeaksto, was of oiie William
Sautre, whom he calls our St. 5fr/'k?ithe Protomartyr of England ( though
I think St. Alhan lived fome hundreds of years before him ) concerning him
we find a Writ to have been diredted to the Mayor and Sheriffs for his exe-
ciition 5 'tis well the then Popifli Bifhops did not figrt that Writ, for elfe
to be lure of it (though the Religion of our Country was then Popery and
all'our Anceftors equally blameablej the now Proteftant Bifliops muft have
been twitted with it. Well but what was then done ? Why the Record is,
Stem ceft Sl^efquertJ^ «n^5?i'ef fut fatt ^ mifcount? De 'ilonli?e? per
^rDi^ftje^igneurisCempojtel? en l^arlement te faire erecwtion u William
Sautre. T^his Wednefday procq'? tpos made by the Tein^oral Lords that execution
jloiild he donecon William Sautre. Now comes the Bifhops charge, our Author
jfaith, he doubts not hut that the Lijlmps and Clergy of thoje times were the chief
promoters of this; fuppofe they were, why then they a&d in a capital Cafe,
which makes againfl the Gentleman, if they were prefent at the judgment
given againfl: him, he hath brought a precedent againfl himfelf j but to
lay truth, here it doth only appear who figned the warrant for his execu-'
don, or at leafl ordered the Mayor and Sheriffs to do execution on him,'
and they were the Lords Temporal 5 fo that by this the Bifliops hath efca-
ped this Gentlenilaris lafli, having no hand in it; but who were his Judges
mndum con fat.
But in the lame Parliament he fiiids the Earls of Kent, Huntingdon, and
Salisbury, the Lord le Defpencer, declared and adjudged Traytors (though
they had been taken and executed before ) and their eflates to he forfeited.
^ ell! All this we grant; Here, faith he, were no 'Bifops prefent fo much as to
declare and judge it a Treafon, though the perfons who had committed it were dedd he-*
fo^e : And this is alfo granted him, but how if I give him a parallel inflance,'
where a perfori being Condemned before,- the whole proceedings very
I ^kely
,L
X
75
C 3° 3
likely tliey wanted confirmation ) were afterwards brought into Parlia-
ment there to be ratified, I fuppofe there was fome reafon of this being
fo done as is ex'prefred: It was in the cafe of ^chard Earl of Cambridge, and
the Lord Scrope, the proceedings againfl: whom were brought into Par-
liament, H. y at the defire of the Commons, and were there ratified
and coniirmed, and the Bifliops then w^ere,3our Author faith, Q). i i 8.] and
might be prefent • for, faith he, I look upon it as an Aci of Tarliament not attain-
ting them, but confrming their attahuier. If fo, then this Gentleman hath an-
Iwered himlelf in a cafe parallel in all things , and the matter of fadt
by himfelf confeft. And fo we come to the Parliament of the 5 H. 4.
where his argument is as weak as before. Here the Earl of Korthumher-
land comes before the King, Lords and Commons, petitioning the King
for pardon, for not keeping his Statutes and Laws, ( as Legeance demandeth,
8cc. ) (^of. Tarl. 5 H. 4. n. iii the Petition is in Englifh, and there foi-
loweth, which petition, by the Kjngs commandment, being examined by the JuJiices
to haye their Counjcl in this behalf upon the protejiation made by the (afD tl^at
t^e gjUDgmettt appertainet) to ti^em onlf asJ ptm ni tf^e ^arUament.
[_ Who theie are, iee Mautrayers caie and the protelfation, 11 ^i(ic.i. before
cited ~1 to whom fuch judgments appertain of right to hear, dec. they ad-
judge that thefe things which the laid Earl hath done are nof Treaion, nor
Felony, but only TreJJhis, See. IVhcrejore the J aid Earl niojl humbly reyerenceth our
Lord the Kjng, and the [aid Lord the Leers of Parliament, concerning the right judg-
7nent,(Erc. Seld. Breton, pag. 106,107,108. This you may lee at large in
Mr. Sdd. 1. c. I have the rather made ufe of Mr. SeUlen for that he is known
to have been no friend to the order of Bifliops, however let any man judge
if there is any thing in all thefe paffages which do in the leafl give any
pretence to any perfon whatever to argue from hence that the Bifliops
were not prefent, does it not ftrongly argue the contrary ? Is he not faid to
come before the King, Lords and Commons,^ iu
See Cott. Abr. h. 11. Where the ^.0^1)0 make protefhation that the order thereoj
belongs to them, and the Bifliops are Lords of Parliament, is before proved,
^.54,5 5. tut here 5. moft expreily, where they judge the adtion of Henry
Percy, and others of his adherents, atthebattail of Shrewsbery to be Trea-
fon. Item, on the faid day, the leyying of war of the Jnid Sir Henry Percy and
others, was adjudged Lreajon by the Kfng, and tU full But
how^ doth it appear that the Bifliops were prefent at either of thefe Judg-
ments ? I anfwer, it doth plainly appear that the Archbifliop of Canterbury
was prefent at the former judgment, for that he then in exprefs words pray-
ed the King, That forafmuch as Ire and the Luke of York, with other Lif)ops
ami Lords, were fuffeHed to haye been of the confederacy of the faid Sir Henry
Percy , that the faid Earl would now publif? the truth, whereupon the Earl by the
King's command, upin his oath, purgeth them all thereof. Elumb. 14. Cott. Abr.
p. 426. And at the fame time, Kumb. 15. Sir Henry Percys adtion was ad-
judged Treafon by the King and Lords Itt full Here is no
departure of the faid Archbifhop or Bifhops mentioned, and it was done
as
C 5' 3
as is before expreffed in full TarlioJitentj when all the three Eftates Lords
Spiritual, Temporal, and Commons are preient. W hich is as Mr.'Prjwz
oblcrves, Cott. Abr. pag. y i o. 'N.otci mctrgmal'ty Who I dare boldly fay
upon the fmall acquaintance I have with thcmj knew better of Records,
and what plein ^^atlmment meaneth, than either of thefe Authors or twenty
fiich as they : that The three Ejlatei mujl conctiv to make a Tarliamentj or elje
( Richards ) title l&mU neither he valid nor latisfaHory hut amhigmus^ as he-
fore^ no one or two of than heing a fllU SUtJ pktltatttttTt hut all conjoynJ.
But of this I fiiall Ipeak afterwards, when I come to make appear who
are the three Eftates of Parliament.
7 iL. 4. A judgment was given (faith the Gentleman) much like that
foregoing, in the i Hi 4. w^hen the Earls of J'sjnt, Huntingdon^ See. who
for levying war againft the King, had been taken and executed, as the Earl
of Cambridge was, 3 H. 5. whole condemnation and lentence was brought
into the Parliament to be ratified and conftrm'd ; which if it was done by
A6l of Parliament as that was, the Bifliops muft of neceftity be prelent,
for that no Ad can pafs without their being prelent, and therefore if this
cafe ( as the Author faith ) was like the two foregoing cales, the procee^
dings againft thofe Lords being brought into Parliament, there by an
Ad to be ratified, as before, and as heexprefly faith, it was in the cafe of
the Earl of Cambridge, p. 118. before cited • the Bifliops were adually pre®
fent thereat. And io we go on to the cafe of Sir John Oldcajlle, 5 H. 5. who
being condemned by the Archbifliop of Canterbury for Herefie, as then it
was reputed, and being moreover endited and outlawed in the King's
bench for Treafon ; the Commons of England, WU af
]^onoJtatlle ^^^fnce le Due De 55eDfO?D, delivered a fetmon to the honourable Trmce
the Duke of Bedford, then guardian of England, that Juftice might be done
upon Sir John Oldcajile according to his demerit, who indeed though per-
haps not for his Lollardijme, yet for other great Crimes which he was then
accuied of ( the murdering the Kyng Vnts not tlx leaji) whereof if he w^as guilty
he might juftly exped no other lentence to be given upon him than that
which was then given againft him by the 'Lo?D0 to be executed as a Traitor.
Now who thefe Lords were, is the matter here in debate, they could not
be (laith the Gentleman) after his accuftomed manner the lEOjtDgl
ntUdl auD 'Cctfipo.Jai, for then they would not have been fo exprelfed in
a general word in matters of Judicature, to which my anfwer is
obvious, and the fame which I have formerly given him ( and that the
matter in fad is fo I have there alfo proved ).• That in the Cafe of Gome^
nit:^, I ^c. 1. before mentioned they are comprized under the general
word of that in tlie cafes of Lee Lyons and Latimer, at which the
Author confefleth, and indeed 'tis plain they were prefent, they are ex-
prelly called Of as before is proved in tiaeir cafes, whi-
ther I refer^he Reader. As alio it appears from Mr. Seldens Baronage,'
pag. I 5. where fupplication is tnade hy the Commons, that all thoje that haVe
rendred and lojl Caftles or Towns may he put to anjwer, and according to their defert
throughlj
911
. -C 50
throu^^hly pumped i?y the Of t]^elto;ttlj5atttl?J3atonage, and that Alien
Biixall ( Conflable of the Tower of London ) pall caufe to come
ILotmof l^atPltamtnt, John Lord of Gomenitz, and William of Wefton,
who were brought.before the Of ^^atltament accordingly. Now '
who were thefe io^D^of ^^aiPlfamenLyou have it in exprefs words, (]{ot.
T'arl. \ %tch. 1. lSLumh,z<y. 3©uelle petition lue, offt fuU a comman^
Oe? tiT cell ^^arlement per le? ^^^elat? ^ ^efgneurgi i^terejS ou #arlement»
Winch Petition or 'Bill ( againft the laid Gomenit::;^ and Wefton ) being read, ^c.
in the BarUament before the i^^elateis anb lLo;tO0, l^cergi Of l^arliamerTt, aG
Here the Prelates are KLo?0?l anO Of parliament, for that fCich offenders
> were to be piwp'd by the aicoaro Of ano ^3arongi of parliament, and
^iccordingly were brought before the p?tlate?l anO 'JLO^D^, peer0 Of parlia<=
ment, &:c. before whom the Bill againft'the faid Gommitg^ and IVefton-
was read', See. E. D. the fame is before proved, likewife in the Earl of
Nor/:/:?«;«kW47kh cafe,.in the 5 H. 4. before mentioned , who was brought
before the attO PeerjS Of parliament, ac. and the Jrchbpop of Can-
terbury then prefent^ l^ho then defired the Jaid Earl to purge him and the other Lords
and Bijhops who were faid'to be compart iners in the jaid Treafonable aHions with himfelf
who^ <s-c. as before,K.cafe 5H.4.P. 114. It is exceeding tedious to repeat what
before is proved, but the Readers patience is defired in regard both thele
two Authorsfwhich yet is but a pittiful begging of the quefl:ion)wiil not have
the Bifhops ever call'd liO?tl0 in the Judicatory of Parliament, and which
yet, as the Reader may fee, is altogether falfe and groundlefs.
2 Lien. 6. Sir John Mortimer of Bi]bops Hatfield in the County of Here-
ford Knight, was committed to the Tower upon fufpition of Treafon
againft the King, and having made his efcape, he was Tried and Indidt-
ed for the fadt, at the Guildhall Lmdon^ and the Indictment by the Kings
command returned into the Chancery, and thence brought into the Parlia-
ment before the Duke of Gloucefer^znA the Lords Temporal, fuitlib^raf
turn, wws delivered. Well all this we admit, why then de advifamento diBo-
rum dominorum. ^luctontate parliamtnti o^litnatum eft ^ ftatutum quots
ipfeulque aD^urrim tmcatur, ^c, %t ixia?; €>;DaiueD anD dE^nacten Ijp tlje aii^
^oirtpof tX^t faiD parliament, hv ti^e aDtiife of t^c faiD CempoitaL^f.
That he f 7ould be led to the Tower and afterwards to Execution. Therefore the
Bifbops are not to Vote in Capital cafes in Parliament, Hon fequitur, was
nc-t the matter here decreed, ^Utboritate parliament!; if fo the Bifhops
were prefent, for they are an effential part of the Parliament, at which they
are to be prefent, and to have their Writs of Summons iffued to them for
their appearance, ex debito JuflitU, they are Sir Edw. Cokes words.
28 lien. 6. Here we have aPrefident beyond debate , confeft by our
Author, pag.r^x. at which the Bpops tvere not only prefent^ hut they did then hear
" a principal part^ in this Judicial proceedings. It was the cafe of William de la Bole
Duke of Suffolk^ who was acculed by the Commons of fundry Articles Of
Creafon anh mt?ftiemeanowr0, He was brought from the Tower, on the ^th. of
March, by the Jfjng's Writ into the Barliament Chamber, before the l^tng anb
C 35 ]
yi^hen the Articles were read againfl him • and on the \ ^th of March he wm
again brought before the l&itTjJ aUD llOJtJ?}, kneeling on his knee hedenycd the faid
Articles y i^c. Again, on the \ yth of March the faid Duke wcus 7nade to come
before the %0t^^ Ot tl^e t^arltament, as Hwnb. 48, 49, & 50. of the faid
Koll of Parliament, in which I have been the more particular, for that
now when there were no fewer than eighteen Spiritual Lords, and Peers of
Parliament, who are all there named, ( the two Archbifhops, thir teen
Billiops, two Abbots, and the Prior of Sc. John of Jerufalem, confefTedly
prefent; the expreflion is ftill the fame, that the impeach'd perfon is
faid to be brought before le ^0^ ^ ^eigneutg tlU ^^VUmnt, the J^ing
and Lords of parliament. So that the Bifhops are here comprized under the
general words of Of , which both thele Authors do
exprelly deny^ the former, in j^ag. 36. the other in fag. 15. with confidence
enough , It is mofl certain ( faith he there) that the Prelates are neyer jjokeji
of in any Pjcordy but by the 7iame of Archiepilcopi, Epifcopi, See, or Prelati,
or Jonie fuch name as doth dijimguip? thon frojn the Laity. But with how, little
truth the Reader will now tell him. Though to do him right I fhall fub-
joyn what follows, that if they be fpoken of (iaith he ) they are always frjl
narmd^ and put before IhOlS C0Utlt?5 ^ as at this day^ the Pgcords are
entered the StlD ^C. where his obfervation is
good and agrees with the Truth, but then on another account he is
misfortunate for this his obfervation proves inevitably that the Bifliops
were prefent at the four Trials mentioned, in the 4 Hd. 5. of Mau^
trarrersy Pogo de Poyons, and Deverely Thomas Gourneyy and William Ogle ^
where the Record runs as you may fee fully before in thofe cafes. Cttfl
Coutttc^ ^ where the word Peers oc-
curling firft will mofl naturally and neceffarily, according to his own ob-
fervation and the truth it felf, fignifie the Archbifhops and Bifhops, and
for that there were no Duke or Marquefs Summoned to that Parliament,
and that the words, Coutttc^ ^ > do comprehend the Earls and
Barons. I have infilled the longer on this obfervation, for that I find that 'tis
thefe Authors ordinary orrefugCy to lay the Bifhops mufl not be
comprized under the general words of JlOJtlJgl which yet you
fee proved, which indeed, as before is intimated,- is but ap?ameful beg-
ging of the thing in quejl'miy and fo I pafs and come to the matter of the
PrQteflation of the Lords Spiritual and Temporal, which was occafio-
ned by the Rings taking the caule out of the Judicatory of Parliament,
where it ought to have been Tried, and his determining of it in an extra-
ordinary manner, which they deemed a breach of their Rights of Peer-
age, on which account both the Lords Spiritual and Temporal joy-
ned in that Proteflation , their common Right of Peerage being inva-
ded and violated ^ now, as before, I intimated, pag. 14. the Temporal
Lords would never have joyned with the Lords Spiritual in this Proteflati-
on, if they had then thought that Judgment in Capital caufes had been
their fole Right, for this had been to their difadvantage y for here
K they
C 34 ]
they avow the Right to be common to both Eftates , Spiritual and
Temporal, and that ftands on the fame foundation and bottom, (vi^.)
as before, pag, 25. account Of t\)ZiX See. Which words
were left out by the firft of thefe Authors, and yet he gives you the
words both going before and following after ,• and thefe you fee do
prove the Lords Spiritual to be Peers of the Realm, which he ex-
prefly denies in feveral places of his Book, pag. 7, 84. &c. and pretends
to anfwer the arguments, which ( as fliall be made manifefl he hath
not done ) do evidently prove the contrary. But thefe words in cafe Of
i^tiv l^cetage, ai5 fmlt O^ant of, &c. made not, I think, for
the Gentlemans purpofe, and that therefore he omitted them 5 but whe-
ther it was fairly and ingenuoufly done, and with a defign to fpeak
the whole truth in this Controverfie, or rather to tell his ffory all on one
fide, I mufl leave to the Reader to judge, and come to confider of his
Anfwer which he gives toHhis fo flunnying a precedent: 'Tis in fbort
this, ^. 4:8. It is irregular and extrayagant from the heginning to the end ^ that
'twas an odd and unufual things •zs^c. And that 'twas all a Hodge podge of a Trials
and that no man can tell fphat to make of it, and that 'tis not of any Jignifcation to
he a precedent or rule of proceedings in Parliament. But pray, Sir, is this to an-
fwer ? 'Tis poflibly your opinion, but if you would have us believe
you mufl give your reafons, which you never went about there to do,
expecting we fhould take your for proof, which we are not wil-
ling to do y but fhall confider of your Reafons when you are pleafed to fub-
joyn them. Well but the Gentleman goes on an d faith, ad?mt it to he regular
it is hut a [ingle precedent of the Pifhops Voting in a Capital eaufe againfi multi-
tildes excluding them, <(src. I anfiver, I pray then let us go from the begin-
ning and fee, if We can,* on which fide the current runs.
1. Precedent is in the Trial of Ppger Earl of Mortimer and others, 4 Ed.
^. which was an attainder as appears, 2 8 Edir. 3. where Poger of Wigmore,
Cofin and Heir of that Earl of March, petitions the Parliament, that the pro-
ceedings may be reexamined, and repealed if found faulty, which was
done accordingly, the Attainder repealed as being againfi Magna Charta.
This was an Attainder .and the Bifiiops were or ought to have been
prefent at it, as our Author confeffeth,118.
2. Cafe is that of Mautrayers where the Bifhops are proved of neceffity to
have been prefent. Vid. the cafe it fe{f,pag. 5 8.
3. Is Pogos de Poyons md John Deyerel, where the fame Judgment is gi-
ven as before.
4. Is of Gourney Ode the Murderers of Edw. 2. the like Judgment
upon them the fame perfons prefent.
y. Is of Sir Thomas Perkley, the Judgment w^as given in pleno Parlt-
mento, and fo all Eflates prefent according to Mr. Prtnns notion of plcitl
on Sir Poh. Cott. p. 10.
6. Cafe, '5 Edlp. 3. the Bifhops only fay that it doth not properly be-
long, dec. but afterwards they came and gave their affent to an of Par
liamcnt
c n 1 ^
liament for the confervation of the peace, as the Mer of thefe "Authors
faith, p. 16. .. .
7. Cafe, in the fame Parliament is eoncerning a quatr^l hapnihg iS !the
King's preience, and how one of the quarellers laid his hand on his Swordl
The Bifhops are not faidhere to be prefent at the Judgment, and'tis very
likely they did not look upon themlelves as very fit Judges of fuchquar-
rels, and fo might leave it to the Temporal Lords, whom the King 'tis faid
did charge to give Judgment in this matter;
8. Cafe is Capital for Bribery, the Lord Chief Juftice accufed, who is
there Judg'd by the a w;ord fignifying in general the Members of
the Houfe of Peers, as is I think plainly ^here proved, and fo the Bifhops
might be prefent. . ' ^ ^ .
p. Is in the 41 'tis the cafe of Sir Joint Lee Steli^drd of the King's
houfliold, and for mifdemeanors, and the Bifhops here are exprefly faid to
be prefent. ■
10. In the f^oEdw. 3. feveral perfons were accufed of Crimes which-
were in the event but mifdemeanors, but might have proved Capital, as
particularly that of the Lord Vatimer for lofs of Forts, which was fb judged
in Go»i^?mt;^and Wejloiis cafe, at thefe the Bifhops were confeffedly prefent.
11. I 2. of Gomewit;^ and Weflon the Crimes were Capital, theBi-
fhops may very well be faid to have been prefent, for that they were Tri-
ed m full <?arlidnient, the Bill bdng commanded to be read by the Prelates
and Lords, Peers of Parliament, and the Bifhops nowhere faid to with-
draw. J.
12. Is of Alice ^ems cafe, in the fame Parliament,- where the Prelates
are exprefly faid to be prefent, as before in LyotiSy Lees, Latimers and KeVits
cafes.
13. Is the cafe o^John Impend who being a publick Minifler of Genoa was
kill'd by two Merchants; an A6t of Parliament was made'againft the like
enormities for the future , and the Bifhops were at the pafling of that
Adt.
14. Is the cafe of Sir ^alph Ferrers, the crime was for correfponding with
the King's enemies, but upon Trial he is acquitted by the
iiauitnt? which words do comprize the Bifhops and Peers, as is proved in
this and other cafes, as of Latimer, the Earl of "Kortlmmherland, 5 H", 4.
and of others
15. Is of the Bifhop of Non^ic/?, 7 ^c.i, on whom Judgment was paf-
fed for mifdemeanors by the lfLO?D0, by the affent of Parliament, where the
Bifliops as before are prefent.
id. Of Michael de la Po/e Lord Chancellor, io(2^c. 2. for a Capital
Crime, ( ) Bribery, at which the Bifhops in terminis are faid to have af-
fifted.
17. Is concerning the Parliament of the 11 ^c. 2. where the Bifhops were
prefent by their Proteflation. Of iJetng prefent anU Of tpeit?
quoao omnia a fmgwla, in all and eyery thin? being to them referyed in-
tire, • i8Ts
, C 36 3
V 8. J[s the eale of Haxey^ i o ^c, 2. at which I do not find the Bifh^ps pre-
fent.
^ip. Of die Parliament, 21 (^c,. 2. where the Bifhops were prefent by
their Proxies as is largely proved.
20. Is the cafe of Mr. Juftice ^khill, i i^. 4. againfl whom there was
no Charge nor Impeachment, and fo there could be no Judgment given
by any body
21. Is the cafe of Hall, who murdered the Duke of Gloucejler, at whole
Sentence it doth not appear that the Bifhops were prelent.
^ 22. Is the cafe of Sautre, 2 H. 4. who was declared an Heretick , his Sentence
of condemnation doth no where appear no otherwife than that there was a Writ
framed in Parliament by the Lords Temporal for his Execution; but who were
his Judges when condemn'd, confint.
23. Is the cafe of the Earls of Ktm, Huntingdon^ &c. in the foregoing Parlia-
ment, who had been taken and Executed for levying War againfl: the King. This
Aft of theirs was adjudg'd Treafbnby the Lords Temporal, and it doth not appear
that the Bifhops were prefent at the Judgment, Though, as lhave here noted, they
were in a cafe parallel to this of the Duke of Camhr. 3 H. 5. who was Condemned
and Executed for Treafon , &e. at Southampton and the Sentence confirmed after
iii Parliament, at which the Bifhops were prefent.
24. Is of the Earl of Northumberhnd,, 5. ff.4- where the of
make Protejlation that the Right of judicature belongs to them only, and accordingly by
their judgment he was acquitted, and at this Trial the Archbifhop of Canterbury was,
and therefore the reft of the Bifhops were prefent alfo.
2^. Is the cafe of Sir john Oldcajlle ,'yH. 5. who in this Parliament was by the
adjudged a Traitor; and that the Bifhops are Lords of Parliament, fee pro-
ved before, in the Earl of MorthumberUnds cafe immediately preceding, and al-
jfb in other cafes before that.
26. 2 H. 6. Sir john Afortimers ca.fe,SLgaind whom the Lords in Parliament
aving found the Indiftment, he was by requeft of the Lords and Commons but
T of condemned , &c. and therefore the Bifliops were
prefent.
27. Cafe is of fVilliam de la Duke of Suffolk, 28 H.6. where our Author
confeffeth ( the Cafe being Capital) that the two Archbifliops, thirteen Bifhops ,
two Abbots and the Prior of St. john oi Hmufalem, in all feventeen Spiritual per-
foris were prefent.
And thus far we have gone along with our Author, and do refer it to the Reader
whether our Author may be believed, when he faith,/*. 49. That the Bijhops ne-
ver voted but once in a Capital Cafe, and that this was the conflant courfe and pra^ife of
Parliaments. I am of opinion that there are as many Precedents on the part of the
Lords Spiritual voting, as for the Lords Temporal only, in the mean time penes
aquum le6iorem ft judicium, and fo I go on to the few cafes remaining; the next
is of the Earl of Devon/hire,
31 H.6. he was Tried upon an Indiftment before Humphrey Duke of Bucks
Steward of England, for that time affigned( of Treafon ) before his Peers , the noble
Lords of this Realm oy England, and was acquitted. Pray fee w hat our Author hence
argues < 'Tis this, Now 1 fuppofe no man will fay, that the Bifhops were neither his
Pters nor Lords of the Realm : which is, as before, to beg the queftion, and I think
both of thefe are fufficiently proved in the cafe of Mautravers^s, Gomenitz, in the
Proteftation in the Parliament of 11 Ric.i.'m the Earl of Northumber lands cafe, &c.
but of the Bifliops Peerage more hereafter.
38 He. The Lord w^as accufed of being confederate with the Duke of
Tork, the King anfwered, he wotdd be adviftd, and fo the matter ended, and fo the
Precedent is not to the purpofe.
In
' — •
[ 37 ] , . _
Inthe'next place, our Author comes to the Earl of Straffords'XTi^X, where the Bi-
fb:)ps withdrew, and declined their Suffrages, but had their Proteffation entered,
Thxt th 'ir abfince jljoiddrnt prejudice them of thAt nor any other Privikdge competent to
th rn, its th^ /.ordi Spiritual of Parliament.
I iliall only take leave to mind our Author of two Trials more, and the cafes
Capital, and the proceedings are well known.
The tirft is, of the Earl of who was impeach'd of high Treafon, and the
quelfion being put whether he fhould be committed, it was carried in the negative,
and that the Bifllops then voted.
The fecortd is, of the Earl of Pemhroohyi^\a&w they fat and debated the whole mat-
ter untill the Sentence was to be pronounced.
Oar Author likewife, mentions another cafe, which was that of Nicho-
las de SegrdvCy who was Summon'd,forhis leaving the King's camp in Scotland , to
anfwer the offence in the Parliament of 33 of Edw. i. where he acknowledged his
offence, and humbly fubmitted himfelf tothe King's pleafure •; ZHI-tnit tit pltttO
^arliamento in ptefentia ipCtu? Domini Slrci^iEpiffopt Cantuarien-
lis ^ plurtnto?uni (^pifcopo^um, dTomitum, Oidaronum, a alio;imn he confilio
fUO, ^C, He appeared in full Parliament,&c. where I defire our Author would take
notice what a fUB l^atliaiuent is ( viz.) when all Effates are pre fen t, as before, I
have noted ^ and that in the next place, here was no Judicatory of Parliament,
but of 'tis faid in the Record, th^t in p^efentia tpRujs ^omiiti Eegijs ^
altojium omnium p?ehictojum omntiantehictafibiimpo(itaepp;feffe cognoPit
ac Poluntati ?E)omini Eegi^ he alto ^ PaBo fe fuPmifit. He acknorvledgeth his
fault, and fubmitteth hirnf lf to the King, and that the King pardoned /;/w,he ahPivamen?
to CTomi'tum learonum ^ S^agnatum ^ alio^um.
And now we come to the cafe of Becketyin the Parliament o^Korthamptoni 11 H.2.
wherein Becket was adjudged by the Bifhopof /Vinton, by the King's command,
when the other Lords did not agree who fhould doit, upon a crime Capital, 'twas
JLefe ^a}eftatij5, as Stephanides a grave and fober Hiliorian hath it; but this
Book ( our Author faith ) was wrote by one much fnfpecled for partiality, and that
he rvas a creature of Beckets, p*6i' and he calls his Book, a hltnd Manufcripti fure I
am Mr; Stldtn, and all other Antiquaries I ever yet read, have had another much
better opinion of Fitz-Stephen, but his authority is againff his Hypothefis, and
'tis ufual with him on fuch occafions to let fallTuch expreBions to vilifie Tefti-
monies and Precedents when they make againff him; but that he may not do it
altogether without reafon he tells you , that other j^uthors do not make mention that
' he tvas Accufed for treafon. I anfwer, though others do not, muff therefore t grave Hi-
fforians Teftimony be invalid, may not one Author fupply the defe£ls of another^
are all circumffances or matters of Judgment equally , and alike known to all re-
porters ? Is it a good argument to fay fuch an. Author or Authors fay it not,
therefore the thing is not fb. The Gentleman hath forgot his Logick. Argumentum
ah authoritate nan valet negative.
Here then immediately after the fo much celebrated CounCel oi Clarendon, we find
a Bifhop pronouncing a Capital Sentence upon another Man of his own Order ,
which makes it clearly to appear, and which I defire our Reader to take notice
of, that upon the King's command, who is their natural Leige Lord^ they, the Bifjops,
ever did in fucceeding times receive CommiffionSi and afted as chief Jufficiaries and
in other places of Judgment too, as they ought to do : for though the Prince may
indulge fbme Priviledges to his Clergy, ('as this of not compelling them to Vote
in caTb of Blocd in Parliament, where by the Canon Law they are prohibited)
which muff yield to the Law of the Land, and cannot deveff the King of his right
ofiifingany ofhis Sub] efts in any places of employments he fhall think
fit to employ them in, or in which he may think them capable of doing him or the
publick good fervice.- No,Sir,this is a piece of Popery which our Bifhops have with the
re!f rejefted. A Clerk, when he is made fuch, doth not ceafe to be the Kings liegeman
and Subjeft; nay, let me tell both thefe Authors, that thePopifhClergy (though
L fome
^ . C 38 ].
fome of them at feme times, have not been fb dutiful to theii- Soveraigns as they
ought J have generally dcferved better than they have been reprefented by thele
two Authors 5 for even in thefe Critical Times when Becket, countenanced by the
Pope, was endeavouring to ere£fand the Pope and his Clergy,
as Doderidge faith, and Sir £drv. Cokiy and Seldc/t from him ; the former 2 Inst. 631.
the later, Titles of Hen, ^.582. Unit the King's Prerogative^ and the Pi ogles Right.y
tvas going about to be infringed by the Pope and Papalins aforefaidy endeavouring partieu-
larly to make Clergy-men no SuhyeBs to their Princesy but to the Pope only ; even then, I
fay, we find the Body of the Clergy of this Nation openly adhering to their
Prince in the quarrel againft Beckety and confequently the Pope, alio giving great
commendations of their King, and aggravating the crimes and exceflcs of Becket,
See their letter to the Pope, m BaromuSy Hn. 1167. $ 43- P^riding-, fay they, the peace
of the Kingdom not a little molefted with the outrageous excejfes of infolent Clerks, and
having with due reverence to the Clergy referPd thtir ojft nces to the Bifloop^ and thefe
excejfes ( fay they there ) being only punijhed by degradation, and the Kmg thinking this
no fufficient puwjhment for Juch offences ; hereupon the King not with any conceit of op-
prefjingthe Peoples liberties.y but with adejireof confirming peace, the King would produce to
light the cufloms of his Kingdom and dignities antiently obfertied, and quietly and reverently
yielded unto by perfons £cclefiaftical,to former Kin^s in the Kingdom England, to the end
that the thredof contention might be no longer Jpun^ the King would have the fame openly
known'y wherefore the mojl antknt Btjhops and great Peers of the Realm, being firfi fworn
by their faith and the hope which they hadi^ y^lmighty God, fearching into the fiate of
forepajfed times and the dignities of the Crown being fought into were laid open ; they
were by the tefiimoniss of Men of the greatest account in the Kingdom publifhed and
made known. See here (fay they ) the cruelty of our Lord the King againft the
" Church of God, which hath fo much been fpread abroad over the whole
World I Behold here his perfecution ! Hnd thefe are the works fo divulged for wicked
both here and every where ! And then they go on to ennumerate the bitter provoca-
tions of Beckety his Treafonable adings againft his Prince, &c. and the Kings pa-
tience towards him 5 they thus conclude for their Prince againft Becket, If the
King's humility be fo requited^ what jball be determin d againfithe fiubborn? If the ready
devotion of audience be ejleemed fo flightly, in what manner fhall wilful obflinacy be reven-
gedf &e.
In like manner when King ^ohn in unkingly manr^r had fubje^fed his Crown
and Kingdom to the Pope, by his Legate Pmdolphoy who were greater fticklers a-
gainft that bafc Aft, and the Popes title acquired by fuch a flavifh fubjeftion than
the then Popifh Prelates werc/f See for this the Patent 17 ^ohn m. 15,
dorfo 5 where the King exprefly complains of that their gallant behaviour, and true
Spartan courage foil their Country in that affair. %Vi
confpecttt psternttattjf heCtiPe j^umtltamujs aD gratia^ multipUce? pioiit me«
iiu0 fcunu0 ^ poftumu^ e^rl^ihenhajsip^ctira^ Coltcftuhinequamahhefen^
Oionem noftram a iSegnt noftn^lnglie paterna heftra hencholentta inhefmen^
ter apponit, Ucctw>nvitia p?tlato?umanglic ataue 31nohehientta malitiofe
impetttunt pic hcftire pjohtfloni?} effettum* Afterwards he calls the Billiops,
^upethi $ tnalcholi, ac* to our Lord the Popty drc. In prefence of your Fa-
thtrhood we proflrate our felves^ving you manifold thanks as we are able , for your care
and pains in defendir^ m and our Kingdom of England daily appliedy although the stub-
bomefs of the Bijbops of England as wed as their difobedience ydo malitioufly hinder its .de-
fired effeBy efic. ^Afterwards calls them proud and felfwilltdy drc.
Moreover y whereas the Pope ufed frequently, that he might get all Prefen-
tations as well of Bifhopricks , as other Ecclefiaftical Preferments, into his
own hands, to remove all Caufes to prohibiting any perfons either Ecclefiafti-
cai or Civil from intermedling for or touching any Prefentations •, and if they did,to'
excommunicate them, &c. This being againft the Right of the Crown as well as
Municipal Law of our Kingdom, I find a folemn and open Proteftation of that wor-
thy Prelate fVilUam Archbilhop of Canterbury 16 Rie. 2, againft the Popes Ufurpati-
onSj
C 3 9 ]
ons, Provifions and Excommunications in £ngland ; to this efFed : 3)it
(!5otJ3lme«; t©e/r/^arcpt(l)opof De folentnlp mafte tljtjs
l^iotettationinopen l^arlmment, &c. faying, €:i^attpe i^ppeougpt not to tp
communicate anp 55i(pop, ot intermeUOle fo? o? touching an^ ^^^efentatts
on to an^ c^cclefiaftical i^ignitp recoPereD in ant tpe Eing?! Courts,
M further we Proteft cipat tipc ^^opc ottgpt uot to mafet unp Cranilation0
to ant ^ifliopsttcft "ttittpin tpe !Sealm, againtt tpe ^^ing?! toill ^ to? tpat tlpe
fatne toagi tipe oeftruction of tipe IRealm ano CroPon of €nglano,tD^icp ipatip al=
toat^ Peen fo free,a0 ti^e fame ipatp ipao none eartplt ^ooeratgntt, Put onlt
t!S fupject to CI500 in all tping0 touching megalitie^, ano to none otper»
The which Proteilation he prayed that it might be entred, and it was done accord-
ingly-
Not to add that the Popifii Bifhops in H 8. times were ever as afltive and for-
ward in hindring Appeals to Rome^ in taking away the Popes Supremacy, and fet-
ling It upon the King, 26 H. 8. c. i. as any other Laicks were; and as I cannot
much commend the Ingenuity of thele Authors, in not taking any notice of what
the Bifhops of that perfwafion did do well in defence of the Crown and the
Law, obliquely refleding on all occafioris almofl: on the Order it fel f, if they did a-
ny thing ill ; fo I fhould be equally faulty fhould I go about to excufe- or palliate
their Failings in fiding with the Popes, and relinquifhing their Soveraign's Iiite-
reft. So then to return from whence we digreifed, I would defire thefe Authors to
remember, that even in thofe times the Canons of the Church, or Decrees of the
Popes were not look'd upon by the then Bifhops and Clergy as univerfally and in-
diipenfably obliging. And that itwasfo,we have here a clear Inftance of^eciePs
Cafe; wherein the Bifliop ofpronounced the Sentence r/'e Co/*-
mand, in October following the Recognitions of Clarendon , which were palTed in
theMoneth of preceding ; fothat I do believe the Bifhop did not forget that
he had fworn to obferve thofe Conftitutioris, being but fofhort a fpace of time be-
fore,as the former Author faith,/'. 61. But that I think that the Bifhop did look "upon
the I ith. Article of that Affizc to have been in favour of his Order, That his
Priviledgeof abfent'iHg h 'tmfelf wdi there recogniz!d in favour to his Order-, and out of
refpeUt to the Canons of the Churchy but that his ^urisditlion' in Parliaments for Out of
Parliamints, if called thereto by the ICing^was not in the leaf limited. And this .that
was the true meaning of that Article, theHiftory and Circumftances of thofe times,
as well as the Bifhops praflice in thofe times, do evidently make it out; for as I
faid before, the Pope was endeavouring to make all Clergy men his owaSubjefts;
and independent of their Natural Princes: but in regard that the then Bifhops were
his Subjedts, and alfo held of x\\tQrovjr\fer Baroniamy they ought and did obey his
Commands,; facere Confuetudines Regias, obferve his Laws^ interefe judiciis Curuz Regis
cum Barenibus, to affiji at the Kings Court with theBarohs^ and in the^udgmenls too^in
; in Math. Paris, to be prefentin the Kinfs Court with the Barons in
CtO, in the judgment; fb Gervafius Dorobernienfs, But hovftill Sentence of
Life or Limbe be pronounc'd. And this is clearly in their favour, and for that
they were Clergy-men, the Priviledge was indulged them 'yef fo, as not to diveft
the King of his Natural Right .to command his Subjeft^:upon any Emergency^
to den e him when he fhould be called forth by the Kihg^s Comrhand ; for the
Bifhop in his withdrawing, could only prejudice his perfonafRi^tinrefpedlknd-re-
verence for the Canon 5 but he ought not, neither did he or could he doany tfringin
prejudice of or derogatory from the AUegiance he owes to his Liege Lord and
Soveraign; and that this was fo, [the praftice of the Prelates matres it out;
for here we fee the Biftiopf of ,notwithftanding any Prohibition in the
Article [which Indeed is noned or Obligation from the Cjanort, upon'his Sove-
raign's Command, pronouncing a Capital Sentence on Becht. And in the ifxStfj.
Not long Roger Hovenden informs pne,/'. 3317. ThatRicardi
deLuci [he was Chief Jufticiary eft Englmdf hominus Rex Pater magno (elehrat
Concilia Windefliores , /^rchitfifcopor. Efifcopor, Comiium, BaronttmM'Vijit Anglic
[ 40 1
nUm qmuor partes ^ df nnicuique partiumprafecit f^iros fapie^tes ad facieffdtm juftiti-
aminterra^ dr ad audtendum clamores populi.That the King after the Death of Lucy Chief
^ufiiciary^ in a great Parliament at W^ 'in^ior, divided England into four Partsover each
of which) he appointed wife men todofujltce in the Land^ and to hear the Complaints of the
People, Who thefe Wile men were that were then made Judges, it there follows :
Over Ricardns Kpifcopus H^inionix. 3!tt CaUtel)?tgflVe ^ IpUntCs
Z)UttQit0, Gaufridus Elienfis Epifcopus. Nicolaus Capellanus RegisNicolaus deWiSZi-
i)ec Captllanus Regis. In Johannes Epfcopus Norwicenfis ; Hugo Mur-
doc Clericus Regis) ^c. Thefe were Clergy-men, and made Jufticiaries fhortly after
the Council of Clarendon ; and that men ol that Order have all along afted as Lord
Chief Juftices of England^ may at large be feen in theof C/erF^, Chap.^.
and Sir William Dugdale's Origines. So that the meaning of this Law will be heft un-
derftood by the prafticeof the Prelates: for would the King ,■ Temporal Lords, and
Commons fthink youj have fufFered fo manifeft a violation of this Law immediately
after its Enabling; all Eftates folemn^y fwearing to the Obfervation of it, I pre-
fume you will not fay it. But for thefe Gentlemens farther Conviftion, they may
pleafe to know that the Popes Canons (though much endeavoured here by his
Legates) was not received by our thenBifhops; and for this they may feeaDe-
creeof Pope Alexander'm. Roger Hovenden^Anno 25. H.2. forbidding all Clerks either
to plead as. Advocates in any Secular Courts, or to be fufiictaries of any Seeular
Princes. Clerici non dehent Procurationes faculares fufcipere, &c. Coram ftecuUri
fudice in negotiis forenftbus Advocati ejfe non prafamant, ~Ntc furisdt^iones facu-
lares fub aliquibus Principibus aut fjtcularibtts 'virit ut eorumfiant Clericorum
quifquam exercere fr^fumat. And yet notwithftanding thefe Papal Decrees, in the
very fame year the King makes the oi IFinton, Norwich and Ely^ his Juftices;
and the fame was done all along in the Reigns of his Succeffors, Nay moreover
that the Canon of the Council of /Veliminjler, held by Richard Archbifhop of
Canterbury zi H. 2. mentioned {kxdiOV/Km Hovenden adannu/ndiBum,\N^'i no
bar to the Kings ufing his Bifhopsas Jufticiaries , or to them a£tingasfuch, may ap-
pear that at this very time, 21 He/?. 2. the Pradife was otherwife. And be-
caufe we have frequently fpoken of this fo famed a CanoUj I will out of Roger Hoven-
den fub join it. Clerici in facris Ordinibus confiitutis judicium fauguinis agitare non licet)
unde prohibemus nt aut per fe mtmbrorim truncationes faciant , aut inferendas indicent <,
quod ft quis tale fecerit concejji Ordinis , privetur officio locO) inhibernus etiam fub pee-
na Anathematis ne quis Sacerdos habeat Kicecomitatum aut Of-
fcium. Where yoa fee they were not only forbid by this Canon to judge in mat-
ters of Blqod, but to be employ'd in any Secular Government; and whether this
was foin the ufe, thefe Authors may eafily fatisfie themfelves : were not theBi-
fhops of Durham and Ely Prapofiti faculares? Are they not fuch at this day, and
have not other Prelates in every Kings Reign been commanded to undertake fuch
like Offices ?
There are only two Particulars more I am to fpeak to, and then I fliall have done
with the Gentleman our firft Author, and afterward our Reader fhall have a brief
but full account of the fecond Author, the Difcourfer and his Book, his weaknefs m
Argument,as well asMiftakes in Precedents.
As to the former Author, 1 fhall prove i. That Bifliops are Peers of Parliament.
2. The Lords Spiritual are one of the three Eftates of the Realm ; both of
which he denies.
For the Firft 5 it is proved from the general Stile of all Parliaments, which run
thus in the Saxon times. ContmUtlt COtlCiliUttt QUattt ^OpuU, of a
Parliament of King Ethelbert, An. 6o<). Spdm,Conc.p.\26. King /Wj Parliament
was held per communem Afenjum -omnium Epifcoporumyd^c. An. 612. The Grand League,
"wasm'&.^QpercommuneQonciliumd' Affenfum omnium Epifcoporum , Procerum, Comitum
&c. dr perpraceptum Regis Inae, Red. Eccl.Hill.l. i. The fame may be feen all along
in Speiman and Lombard) whither I refer the Reader for his full fatisfaftion 5 where
he will find the Bifhops always named firft and principal members ofall Parlia-
ments.
[4']
ments, the fame in the DAnijh Government,in the Laws of King Cmte which were made
cum coMig & dtcreto Jnhiepifcoj^orum Bpijcoprumy &c. The fame under the Con-
querour who held the Parliament Anno R"gni f'ti ')fo. were ^pifcopr^ Ab-
bates, Comites dr primates totius Math. Paris in Wilhelm. i. The farne un-'
der his SdnJVill.i. AnnoRegni go.De regni Statu atiurus £pifcopos,Abbates &/^mfcdftque
Regni proceres^ &c* Eadm. Hifl. 1. 2. The lame under H. i. Malmesbur, '-Htfl-. Re^.'
Angl. 1.5. and under H. 2. in Hovenden at the deciding the CohtroVer'fy betwixt thd^
Kings ot Caple and Navar. And io downWardill along they are ever the firft'order
ot Men in the Parliaments, and are put before the Lords Terii^ral, andfbtfhey'muft
be» Of parltament.
2. For that they are infeveral Rolls of Parliamentj exprefly fb called ia thecafeof
Mautravers, De la tCtte et hu^atlcment, vid: Cafe b^ore, in the
Cale of Gome;2!tz,2Lnd fVefion. iRic.2. lilUelle COmntattB^f CU CeCf
l^arlement per le0 pjelat? et^etgnuresi #iereg! hit l^arlement, as^before in that
cale. Nay long before this they affirm to the Ldrds Temporal in Parliamehf, 'H. tt
as Mr. Selden reports, fthe Parliament was held at .'3 fit ITQt l^etC
a0 oiTlp, but a2i:6aron?i, tDeare:®iardn0 ani) t«^ m 55'aron^^
ire Ut a0 l^eersi» in the Proteftation of tile Ji Rk. 2. fd ofteh fpoken5f. ^tpas:
re0 regnt p^etJiat: again in the fame, mt parejs regni pjiebfcft ino^e foiitom
tereiieit 3;ure paritattjs noRre ^ cujuRibet nCjRrmn intciejlenijl temper
iaim^,^c» In the Parhamentof 28/T. 5.1|ncafe p'f our hereafter ajJ
tra^lp aitD a0 largelp, ^C. where bothElfates Spiritda'I ahd'-Tfempdral-, do Joyn
in that Protelfation, which fas before j theLorcJs.Temporal would nevfer have done
to their difadvantage, if the Bifhops had no't had equal fight both in the Peerage and
Judicatory. ^
3. The bifhops are Peers for, [[as hath been pfovedj they do nof drily fit in Hbtife of
Peers, and are lb called in the Rolls of Parliament,but that they have Judged as Peers
upon Peers of Parliament. Upon the iatimtr '^o Bd. \^^(yc\Mkhaelde lk^
lo Rtc. 2» Upon the Lords in the Parliament of the 2'5th. of tnc fam^King, by
their Proxies. Upon the (BavX Of lliiOjttfiUmberlanO , 5 4.'(Bpptt-PfUiUIW
Do lU pole in the 28 11.6. &c. Laftly they are proved td 'be Peers by the Statuti^bf
the25.f^ 3. celgncnt lour tempojalte^ Du iKop ert cfiief ct pertant funi
Ptere^De la'^eree. ' For that they hold their Terffporaitpsih:Qh\tfy\^VLd-2,x&th^tior^
Peers of the Land. Which our Author faith are Expreffipns by the by,
\\ hich I think nothing can be more clofe and home, for that is tlie realbn of thd'Pef
tition that they are though not oS. Perfonal Mobility, h\\t Qvdf-foeddt. Whicb
diifindtion if thefe Authors had well underifood, they would eafily hav^",apprehferi+
ded why bifhops aieTryed by a Jury of Commons, which is a thing Co/wi-
mtinh and doth not reach their Peerage,as Mr. Selden clearly proves in his Barohage.
p. 143. Whither I refer thefe Authors where they will firtd'thdir Arguments an-
Iwered, and this matter fully proved,that the Bifhops are Peers of the Land,and that
particularly & in terminis, that the Argument is naught, tcrfay Spiritual ^SarOttjS
ate not peergi, ano tfierefo^enot to be Crp^ bp tfielr peer?}, foi: faith he, tl^
atlteceOent l?i falle, i.e. and that they are Try ed by Men'of the famd .condition
faith he is for that the ^tatUte?} muft be Interpreted According to praffice and the
known uie of legal p?OC5el)lngj3,pag.i 5 3. fb that it is a ffiatter jure communi, that
the Biffiops are lo Tryed and the reafon of theufage 1 take to be for that /^e/r Blood is
encbledthey being only Foedal Barons. And alfo that the Biffiops are Peers is pro\^ed by
the Common Law very fully in the Honours of the Clergy, p. 30. And in Mr. Setdehs Baro^
nage, p. 143,144, And all theanfwer our Author the Gentleman ifi his Letter
gives to theie, is that the Judges only had a mind io Complement the-ihhf'potent Clergy^
&c. p.r 04. I had thought the Judges had been fworn to do Juftice arid hot to Com-
piement, and favour any peribns of what rank foever they be of, if the Author
is of another Opinion, I cannot help if.
2. That the Lords Spiritual and Clergy ( vvhole Procurators according to that an-
cieiit Piece Modus temndi Pxrliamentim ) are ever held Members of the Parliament
M thougk
C 41 ]
though denied to be foby the Author, p.88. for that they aft not in Legiflation, which
by the way, is no reafon, for that they may well be laid to be a part of theParlia-
ment, for that they reprefent the leflerClergydn givingot" Aids and Subfidies;who
ehc were in a v^orie conditipn than themeaneft Clown who can expend 40 s. dt
cUreper Annum^ having no body elfe there to reprefent them, but their Prodiors as
before. That the Billiops and Clergy> I fay, are a Third Eftate, not only of the
Kingdom^ but of the Parliament too, (for here the Author is very Metaphyfical
in the Piftinftion of thefe two, which yet are but one and the fame; and fo as
we ufe to fay , he makes a Diftinftion without a Difference) I hope will be clear-
ly proved from the Bill exhibited in the Roll of Parliament i Ric. 3. Die Veneris
textio die ^jnmrii^ y4nno Regni Regis K\c.-i.primo&c. aueham
^Ua CjCl^lbita futt. Be it remembredth^t a certain Bill ms exhibited &c. containing
in writing certain Articles of the Tenorunder written on the behalf and in the
name of t^e Of tlftt?! Eealm OJ d^nglanh, that is to fay, the
Lords Spiritual Temporaly and of fAe COttltttOtUS i^atWC. Now forafmuch as
neither the,/did Three Tfiates, nor the faid Ptrfons which prefented and deliver^}
mre y^jfembltd iU ^[fOJllll Of ^atltatltOttt, bp reafon whereof di'verfe Doubts and Qaefii-
6ns y drc. haise^been movedy drc. Therefore to the perpetual Memory oftheTruth Declar a-
tion of the fameybeit Ordained, Rrovickddr E/iablifbedin this '^%tXtXit^^X\\^\XLtXit,That
the tenor of the faid Roll with all theContentsofthe fame,prefented as is above/aid,in the Name
and in^ the behalf of the faid (0ftate0 OUt Of f^af Uaitient t fat'D 3
afl^^tUblCD itr tbtsl and by the J^uthority of the fame, be it Rati-
fed. Recorded, Enrolled, N^proved and Authorized to the removing of the occafon of
DoubtSy Where the Eftates of the Land or Realm and of the Parliament, you fee
are the fame, for all the nicenefs of our Author's Diftinftion, Q^E.D. And as to
his Objeftion, That if theBifhops are an Eftate in Parliament, then it would follow,
That no Law could be made without their confent: The Conlequence is ill ;
foj; here the Cuftqme of Parliament (and he knows that COttfUetuDO f^aflfattiens
ti, eft ^aflfatWCtttt/ is Othefwife; and that the Two Eftates of Lords Tern-
ppral and Spiritual make but one Houle of Peers, where they Vote intermixedly, and
that neither have a Negative on the other, but all things pafs there by Majority of
Votes. And fb in the next place I come to take an Account of a Book Entittiled A
feifcpuffe Of the ^^eerajje anb lunjiDfction of
itaittOnt, d'f. And here ! fancy my felf to be in Ariftophanes his 'A City
of ceprtain Birds in the Clouds, where Cafes and Difcourfes are mooted pure-
Jy Atiry, having no other bottom than Vapor, Smoke and Cloud % this Difeourfe
(he, prete,ndsj ftands upon thefe two Legs, and whether they are able to fupport the
Body oPthis Book comes now to be confidered.
Th^ -ftrft is that the Nrds Spiritual Toting in Capital CafeSy is contrary to the intent and
Magna Charta-
Tliie fecond that it is contrary to the known PraHfice cf all Ages to this day The firft he
erKkayours to prove by reafon, the fecond by Precedents, let us fee how well he ac-
quits.himfelf. ^ For the firft, "'tis ordained faith he, p. 2. by the 29th. of Magna Charta,
mat Nullusfber homo capiatur vel imprifonetur &c. Aut utlegetur , aut exuletur , aut
aliquo rwda d^fruetur nec fuper eum ibimus n^cfupereum mittemuS) m^iper legalejudici-
umparium fuorum^ Where faith he \t Is evident that every T^tdge muf be a Pz.! to the
Prifoner but a Spiritual Lord faith he, is not invefed with that Parity which is requifte by_
Magna Charta, to conflitute him a j^udge upon the Life of a Temporal Lord. And p.
4, and 5gives us the reafon why he is not fbinvefted with fucha Parity, becaufe
Qhef.ords Spij:itualPeerage,disonly/'y'«''^w^<«»'^/^^/, not perfonal, his Blood being
not enobfed, but his Nobility accrewingto him only ratione Tenure, becaufe ofhisBa-
j?ony, and fO; not having Noble Blood to loofe, he cannot be a Judge of Perfons of
Perlonal Nobility.
lanfwer I. Howftf it appear that Perfons whole Blood were noways enobled, [fuch
were Bannerets Sitid Knights of the Bath, J have aftually and defallo Judged of fuch
whofe Bloodfas he faith) were enobled, and were Men of Perfonal Nobility ^ COUfUt^
tubo
[ 43 ] .
tuno ^^arlamentt eftWhat then will become of this worthy
Authors aery argument. I muft and lliall tell him tliat they which are called by their
Prince into the Houfe of Peers, though perhaps pro ea vict 'unt-nmy it may. be twice
or thrice, and never afterwards , and therefore their Blood bemg;not Enobled pQr Mef)
of that Perfonal Nobility, as our Author fpeaks, yet thefe MeB ha\ e Judged upoa
Temporal Lords, -v. g. Upon the Earl of March^ &c. And upon others in other
times. Such were^ohn Mautrnvtrs ^uvtor.^ohn Peach in the lame Parliamentj
Radalphde Qamoys no Baron , was in the lame Parliament. fahrideO-onwJy^'^son-
ly a Knight in the fame Parliament, for that Family were hot yet Barons- Thomii
Bardolfin the fame only a Banneret, neither of the furmvals were in that Parliament
Barons, /Villum le Blount in the fame Parliament no Baron, Hjigh Ponitz. only
Knight of the Bath, and Banneret in the fame Parliament, more particularly fohn
1.0x6 Gominitz was Judged, i Pic. 2. (the Cafe as before was Capital,) by Sr. Richard
It Scrope Steward of the Kings Houfe: Duke of LancaUtr, Earks of Qamhridgt-, Murch,
ArundtU^z. ctplufourj^autrejs^cigneurjsiiaatoug; ^ ^laannerctjsefteant^au
hit ^C» And hy many othtr Lords, Barons., king in
the faia Pariiamtnt, &c. This Authors miftake was in this, that he did not right-
ly underftand the Conftitution of the Antient Parliaments j butmeafured them by
thofe of this Age, where none but Barons are ufually calPd into the Houfe of Peers,
but formerly it was otherwife for any perfon of Note and Eminency, whom the King
pleafed to call, and of xvhoft JVifdom and Integrity the Kings had no caufeto doubt,might
have aSummons toParliament.,but their defcendents were not hereby entituled to an Hereditary
Biohttofit,^andfotheirBloodrvasnotenobled^fQX2iSmMch as tis evident that not only
through the Reign of King 3d. But afterward for along time fome there were
tD]^0 nthtt had more than one Summons^ and others though more., yet not their defcendents,
&c.^r, William Dugdale Baronage^om. Preface. Such were thofe before mentioned,
/^.Ld.^.d^ndThomas Mufgrave Summon'd to Parliament, from the 24. to the 47. £d. 3.
He was no Baron nor ever after Summon'd, 21 £d. 3. was Summon'd
never after. Robert and Alexander Hilton only twice in the 6. and 9 of Ed. 3. ^ohn
HauBedinthQ 6.S.a.nd p.Ed.'^.never a.keY,RogerLajfels but once. z$.£d. IVilliam
iind fValtery Kalvafors of Torkjhire, the former in the 28. i. the latter in the
7i £d. 1. fVilliam Fitz-fVilliam, tXiQiEd. 3. never after, Nicholas Datiney i
£d. 3. never after ; Thomas de Pipe, i £d. never after. Sir Adam de Creting, 1 £.
never after. Hugh de Meifnil, i £. 3. not after. Roger de Swynnerton, \\£.-^.
Nor he nor any of his Pofterity ever after. JVilUani de Kerderton was Sum-
mon'd from tiEd.i. till 34. None of his Pofterity ever after. Adam de Srvil-
lington from 20 £d. 2. till r £d. 3. Never after , nor any of his Pofterity.
And the like I might add of feveral others of the Parliament of 4 Ed. 3. wherein
there were five or fix Capital Judgments, and the far greater number of thofe who
were fumnioned to the Higher Houfe were Peers, thongh no aftual Barons, who yet
were Charged with the Articles againft7f/br//>/?er and Beresford, and therefore
Judged upon them. The Words of the Record are, ClUeWP (ItoUntejS, 55a*
tronjs ^ articles per eup epamme? rePtnti?ent» iKhich Earlsy Barons
Peers having examined the Articles return? d.SN\\.tXQ the Word ^eer0 following that
of 55arOtT!0 , muft be underftood as is ufual i of perfons of inferior Rank and
Order to the Barons , and therefore of none other than the perfons before
fpoken of , ,
2. I anfwer , The Words of Afagna Charta a.Ye gQhQYa\ ^ Non capidtur^ imprifo-
netiir, ut legetur-, non fuper eumibimHSy c^f.and do not only refpeft Capital Cafes, but
others, which may be of Mifdemeanors, where Judgment may end in Fine or Ran-
fom, &c. At which yet the Bifhops always aded, as the Author will confefs : Such
were the Cafe of the Lord Latimer 50 Ed.-^. of the Bifhop of Norwich , 7 Ric. 2.
Michael de la Pole I'o Ric. 2. & IVilliam de la Pole z%H. 6.&c- So that by the Authors
Argument they muft be excluded not only in Capital, but other Cafes alfo,againft the
Law and Cuftom of Parliament. And here our Author hath made himfelf an eminent
and fignal Example of a perfon vainly arguing from a Statute, when the Matter of
[ 44 3
Fa£k was othcr\;^ife ; and'therefore the greater part of his Book is mfignificant;
He might have known that JUx cnrrtt cum frttxi ; That Pm^ife and Ufage ts ththH
Cornmnt [on the Zatv. It is not what he thinks by an inconlequential way of Ar-
cuing, to be the meaning of the Law, but'tis the Cuftom and Ul'age which is the beft
Interpreter of the Law, and that would have taught him the true meanmg of that
^ticle of Magna Charta, upon which he hath fo weakly and unfoftt?hately ar-
^"l^omit to fpeak to what he hath taken out of Mr. Selden's Baronage about the
Trial of Bilhops by a Jury of Cemmoncrs, for that (as Mr. Seldcn there faith, and at
large proveth) maketh nothing againft their Peerage ^ and ladd JurisdiLfionalfb ,
for that (as is before faid out of Mr. Seldeny where our Author might have feen his
Anfwer; is a thing de fure Communiy that Bifhops are fo tried, and the reafon [I con-
ceive; is well given (.viz.:) Becaufe their Nobility is not hereditary, but only fceda-
toryy & ratione Tenura , So that this Author might have faved hirafelf the labour
of replying to the Anfwers he mentions,/', p. about their degradation^ and not anfwer-
ing before Lay-fudgeSy &c. for this is abfolutely the Magical Combat in ^uktus,
Where the man thinking he had fought with his Mverfary all night y tn the morning he
found himfelf engaged with a few empty Bladders. No body I know of is here
his Adverfary, and if he pleafe he may fight on, and reap (if he finds any ) the
Benefit of his Conqueft. , ,7 • • ^ r • 1 •
2. He undertakes to prove that the Bifhops Voting in Cales Capital is a-
gainft the pradife of all Ages to this day ; and that here he is as unfortu-
nate as before, is at large proved through moft of the foregoing Trials in this
Book particularly treated ofs and whither for a full Anfwcr he is remitted -
whence I do believe and hope that both the Reader and thefe Authors alfo will
receive full fatisfadioa and refolution of the
FINIS.
A
REJO YNDER
TO THE
REPLY
CONCERNING
The PEERAGE and JURISDICTION
OF THE
Lords Spiritual
IN
^atliantent, p.
Proving the Foundation of that Difcourfe to be
Erroneous,and that the Author of thbfe Papers
has not made it appear from the Fundamental
Laws of the Land, or the Teftimony of the
moft Renowned Authors, and the Practice of
all AgesXb^t the Lords Sfiritml have no Right to vote
in Capital Cafes,
Thou that ahhomft Idols, doft thou commit Sacrilege ? Rom. 2.22.
LONDON.'
Printed by G. and J. T, (or: Jonathan Edmn at the Three
Rofes within Ludgate, 1679.
[?]
A
J O Y N D ^ R
TO THE
E P L Y
CONCERNING
The Veer age and Jurifdihim of the Lords Spiritual in
Parliament, Sc.
I Muft own my felf of the Gentleman's Opinion in his Preface, that in this pe-
tulant Junfture, it is not much to the Reputation of men of Sence, to herd
among the Crowd of PamphletiersAnd am to affiire the Reader, that the
fame Motives and Reafons which made him write, made me reply. I do no lefs
cafily accord with him in the Propofition of a cool and unfcurrilous Reply, not
for fear of the terrible menace of Dmg-Carts and Oyfier-Boats, but becaufe, I think
Drollery unbecoming a Theme fo grave and fober-, and brawling, fcurrilous, or undo-
cent Language , unmanly, and unargumentative, and only ht for thofe, who trade
with Merchants. I wifh he had keptclofe fohis own Golden Rule, and
that he had left out fome bitter excurfions, which fhew there is Colloepuintida in his
gilded which renders his Compofition too violent a Purger, to be fafely admini-
ftred to the Body Politick • and if while I animadvert upon them, my Pen fhall happen
to be tinftur'd with thofe hitttv Ingredients, as'tis impoffiblc to touch them without
being a little imbittered, I hope it fhall not be charged upon my (core who take, but
his, who gave occafion of Scandal.
That 1 may deal fairly by him, and the Purchafers of thofe Papers, I will give a fhort
jibJlraUrf his Difconr{e, omitting nothing that is material, and inferring nothing that
is fuperfluous to his Defign or my Anfwer, to fwell the Pages with the Dropfe of the
Pen, a Difeafe tOo incident to Sedentary and Thinking people,who arc apt to abound in
their own fence.
Pag. I. He argues thus, If Bifjopshtive right of Judicature in Capital Cafes, then
either fitreDivind, otfare Humano: Notby the former, granted; Nor, Secondly, by
the latter. Firft, not hy Common Law: Secondly, not by Statute Law. This he
indeavours, as he fays, todemonftratc •, though, I think , he falls fomething fhort in
his performance, in the fubfequent D/Te-owrJe, from thefe two Propoftions, to which
he reduces his wholtfScflpf and i. That the Bijhops Voting in Capital Cafes, is
contrary to the true intent and meaning of the i^th. Cap. of Magna Charta, That
every Freeman fhall be judged by his Peers. Secondly, That this claim of the Bijhops
is contrary to the known Praaice of all Ages until this day. The firft he endeavours
toprove^ i.Bccaufe Sipopsare not ennobled as to Blood by the Writ of Summons ^
and that they arc onely Barons ratione tenura, which he proves at hrgcpag 34. which
iflraiftakenot willdohiraadilfcrvice. 2. That being onely Peers rations tenttra, he
A 2 in^
[4]
infers, that they are not within the meaning of Mugm Chart for that the
Temporal Lords have fomething more to lofe , viz.. the inheritable Nobility of their
Blood: And upon this he fmoothly Difcourfes of the weighty point of Magna Charta ^
and ingenioufly gives his conception of the advantage of if, which, how true, or home
to the point, {hall in due time be debated. He there (hews the difparity between a
Temporal and a Spiritual Lord ^ and concludes, with a refleftion upon the Bijhops, not
much to the reputation of his Modefty, or his tragical Declamation againft Scurrilous
Language in his Preface *, and at laft in Triumph, he throws down his (fantlet and Cha-
lenges the whole Field, to (hew any other advantage of being try'dper legale judicium
partum , than what he has there laid down ^ which, in compliance to his loud defiance ,
(hall be done. Thirdly, he endeavours to prove, that Bijhops are not Teers to the
Inheritable Nobility i becaufethey are not in Capital Cafes tryed by Peers', which if
it will do his Caufe any good, is freely granted without any more ado.
ThenhegoesonwithalongH^r^ff^/^e, pag, 9, 10, 11, 12, 13. about
Cleric ale , ox the Benefit of the Clergy, and runs the hazard of his own CenfurcDf fo
many pages, being impertinent, and altogether Foreign to the Quefiion. Pap. 14.
He concludes with lo triumphe! That he has proved by the Rules of Lave, Authority
of the moft renowned and variety of Precedents, That a. Bijhop is no Peer ,
in refpeft of a Temporal Baron, within the meaning of the 29^/7. Cap. of Magna Char-
ta , and that it doth naturally follow, that Bijhops have therefore no right to claim
any JurifdiSiion, or right of Judicature in Capital Cafes, vjhexein the Temporal Barons
are concerned.
From thence he proceeds to his fecond Propofition, That the Bijhops Voting in Crf-
fital Cafes, is contrary to the known praftice of all a^ges untill this day ; which he
indeavours to prove from the Conftitution of Clarendon-, where he fays their JurifdiSlL
on was exprefly limited in thefe words, quouj^ue perveniatur ad diminutionem menu
brorum vel ad mortem, to lofs of Life or Limb; which he further endeavours to prove
and corroborate from a Conftitution at Weflminjler, mentioned by Hevenden, kJ
which it was ordained, That no Cltrgy-man (hould Agitare judicium Sanguinis, Sit as
in matters of Blood. This he further indeavours to confirm from the protefia*
tionoi theClergy 2. P. 2. in thefe words, Sicut de jure non deb emus, net pojfumus nec
volumus, &c. 'ihenhegoeson to Precedents of Judgments given in Capital Cafes by
the Temporal Lords,only come Judges du Parliament', producing feveral, and among the
reft, that ingrateful one of the Earlof Strafford, pag.i6,ij, 18. Pag. 21. is (pent
in a long nothing to the purpofed Difcourfe about the Papal incroachraents, and in-
chingupon oxxr Anceftors. Pag. 23. He indeavours to prove the Canon incorporated
into our Common Lave, as to Capital Matters. Pag. 24. He Anfwers the Objeftion
from the BifhopsPxotett. 2 P. 2. which feems to fuppofe a Right •, truly affirming, that
if they had no right before, that could give them none, and that their confent-at
large to all made in their Abfencewas invalid, giving a pretty hint, that their
confent is not neccfCary in Legifiation, and concludes the Paragraph with a levelling
refletftion of Coordinate Power, and that the Lords Spiritual are not one of the three
Eftates in Parliament', which if they be not, the King muft come in, to fupply the
vacant room of the third Eftate, and then farewel Sovereignty and Supremacy. Pag.7.6.
He examines the Cafe of the Proxies made by the "Bijhops, at the Inftance of the
Comnons in Parliament, 21.R.2. and (lurs it off as a ftrange unaccountable thing;
and at the laft comes to this peremptory Conclufion ; That without a new Acl of Parlia-
ment the Bijhops could have no right to vote in Capital Cafes, to which he gene-
roudy intimates, how compliant he will be when it comes, being weHaffured, from
the temper of the then of Commons, that it would be ad GracasCalendas, or
Queen Eliz.aheth's later Lammas.
So-that upon a Survey of his Difcourfe, the Nerves of his Arguments feem to con-
fift in this, That Bijhops are not Peers, in refpeft of Temporal Barons, within the
true intent of th? 29. of Magna Charta: For that the true meaning, and all] the
advantage of that Grant of being Tried per legale judicium parium fuorum, confiljsin
this, that he who is a competent Judge of the Life and Death qf another, ought
to be fo par in all circumftanccs, that he may be fuppofable to come under the
very fame circumftanfes with the Prifofttr whona he is to Judge, which will induce him
to
[?] ,
to with Caution, Tcndcrnefs, and Juftice ; from whence he infers, that
being out of the poffibllity of being in the fame circumftances with Temporal Barons j
'viz.. inheritable Nobility of Blood, and by confequence not their in that
circuraftance, cannot be competent fudges of Temporal Lords in Capital Cafes'.
And fecondly, That this being the true meaning of the C^Ha^na ChartaythsPvaQke
of all J has been grounded upon it, and according to it.
Now fmce he has put himfelf upon this Iffae, viz. the Truth or Falfhood of thcfc two
Po/itions^ I will endeavour to fhew how grofly he has miftakcn in his Foundation ; and
that therefore the Airy Capelo which he has, with I'uch pomp and gilding, railed
upon it, cannot ftand, I fiiall treathim like the Earle in the Publcj and feather thy
Shafts out of his own Wing ; if he be wounded by them he may figh, but ought not to
complain, or permit his anget to range further than himfelf who gave the occalion.
That 1 may do this with order., brevity, and perfpicuity, 1 muft endeavour to prove
thefe things in oppofition to his Thefts. Find, that he has not truly hit the intent
and meaning of Cap.2(^.o(Ma^naCharta, andthattheadvantageof being tried per le-
galejudiemmpariHrn, does not confifl: in that Parity of Circumftances which he fo confi-
dently affirms it docs, and challenges the moft violent Maintainers of this pretended
Temper ally.Spiritual J^rifdiidion., to give a rational account, wherein the advantage of a
man's being tried by his Peers does confift.
Secondly, that it is not contrary to the Privilege of the Freemen of Engla-nd, ox
Infnngmcntof t}ic2()th. of iJi-faanaCharta, for 'Peers to be tried by thofe who are
not in all Circumftances their Teers, and particularly not as to Inheritable Bloud,
and by confequence that Plea can be no Bar to the Claim of the Lords Spiritual.
Thirdly, that he has miftaken his Precedents., which do not come up at all to the point,
and prove onely that the Lords Temporal are Judges dti Parliament, according to the Sta-
tute of Clarendon, when it comes to the Definitive Sentence, but that Bifheps may and
ought, debeant intereffe, &c. to be prefent and vote, cjucufque perveniatur ad diminrnio-
nem memhrorum, vel ad rhortem', till it comes to lofs of Life or Limb, which is not till the
palling of Sentence uport the Pr if oner.
If I prove thefe fufficiently, as I hope to do from the Authors own Conceffions,
Precedents, and due illations from him, I hope he will excufe me in the laft place, if
by fome ffiort.Animadverfions I endeavour to fhew, that his Bowl runs with a wrong
Bias, which is the reafon that he has mifs'd his Ground •, andfolfhall leave it to the
Judgment of the unprejudic'd Reader, if any fuch there be, to determine which of us
comes neareft that truth which I hope we both contend for, though both cannot
have.
Thdittho Reader may be the better able to '^udge whether he has rightly explained
the intent and meaning of the zgth. Cap. of Magna Chart a, and to ffiew that the onely
advantage intended us by being tried by the Judgment of Peers, does not confift in this
circumftantial Parity, which is the firft thing I undertake to prove againft him, give me
leave to give the as he has done the Latin, of the zgth. Cap. of Magna Char-
ta, as i find it in and Statutes at large: for I write this to EngUjhmen,
and to all the Ranks of the Freemen of England, that they may underftand their
own Privileges, and that they may be made fenfible that the -Bijloops do not by this
Claim go about to disfranchife any Freeman of England of the leafi tittle oftheAf r
gnaCharta, as fome of their Clamorous Enemies endeavour to perfitade the ;
and that what they do or have done in this particular, is onely to maintain their own
right nslc xeehovn Englifhmen, and one of the three Efiates of the Realm, w'lih-
out invading that of others*, which I dare confidently aver, they are astender of as of
their own.
The igth.Caf.ofcMagnaChartA.
No ErecmanfhaU be taken or imprifoned, or dijfeized of his Freeholder Eiberties, or
Free Cnfloms , or be outlawed or e.viled, or any other ways dejiroyed', nor e will not
pajs upon him, or condemn him, but by the laveful Judgment of his Peers, or by the
Law of the Land. Wc will fell to no man. We will not deny or defer to any man Juftice
or Right.
B This
[6]
Tim Gi eat Charter^ which as many men talk of as do of Robifj Hood, who neve?
(hot in his Bow, was a mutual Stipulation,or Ratification of a former Stipulation, be-
twccn Hem-y the Third on his part, for himlelf, hisHeirs and Succeflbrs forever; and
the Bijhops and other Clergy, the^Nohility and Barons on the other part, for them-
fclvcs and the Freemen ot England, their Heirs and Succeflbrs for ever : That this
fhould be an eternal Boundary between theand his People, and ftand in-
violable as a Confirmation of the Privileges of the Subjefts of England. And that
whereas former Kings from the time of William the Conqueror, looking upon
as a conquered Kingdom, had exercifed ^Tyranic, jdrbitrary, znd abfolute Defpoiic
Power over.the Subjects, as to Life, Limb, Liberty, and Effate; for the future it was
accorded, thatnll Proceedings between King and his Liege People fnould be ac-
cording to/'«7?/cc. Equity, Right, the Common Laws of the Land, in order to the
Peace and Profperity of the Nation.
Among other ftipulations, this zgth Cap. is a Grant from the King to all Free-men,
That they (hould not be Oufiedoi Lands, Tenements, Lives, Limbs, or Liberties,
but by due procefs of Law, and the Judgment of their Peers, as the Gentleman \we\\
obferves from the Statute de Proditoribm , Gents de lour Condition, perfons of the
fame rank and quality with themfelves. We, fays the King, will not pafs upon him,
nor Condemn him , but by the Lawful Judgment of his Peers.
It is indeed, as thefays, a point worthy of Confideration, wherein the ad-
vantage of a Mans being tryed by his Peers lyes*, which he conceives to be this, when
fhofe who are to be a Mans Judges, may he under the very fame circumfiances with the Pri-
finer, and when the Prifiner can lofe nothing by their fudgment, but what his Judges being
under his circumflances may lofe alfo. It is indeed a very ingenious conception •, only the
thread is too fine fpun , to bear fo great a weight, as is all the advantage which the
Free-men of England derive from this i^th Article of Magna Charta of Tryal by
xht'ir Peers.
Ifl may be permitted , 1 will alfo venture to conceive, and bring forth fomething
more fubftantial as to the point, and advantageous in the Priviledge of being tryed by
Peers-, and that is, that by virtue of this Stipulation, or Priviledge, all the Free-
men of England are fecured of Liberty and Property, againft Arbitrary Power , which
foineof tht Predeceffirs oi H. '^. did not only challenge, but exercife over the Subjedts;
and, Tthink thisisa farmore fubftantial advantage of being tryed by a Mans Peers,
than that of a Mans Peers being under the poflibility of the Prifoners circumftances;
for hereby it is provided , Firjl, That the Right of the Subjedt fhould not be crufhed
by the unlimited might of the P-rince and that he fhould not pro arbitrio, difleife
them of their Freedoms, Lives, and Liberties. And Secondly, That every rank of men
htir\g)vidgtdh\[ the Gents de lour condition, that is, by thole who were reputed their
Peers, not in the ftridfeft nicety of Circumftances, but in the Eye of the Law, there
might be no opportunity for the great Lords to opprefs the Commons, as they who
came in with the Conqueror, as well as the Kings, were frequently ufed to do •, nor for
the Commons out of Envy or Malice to retaliate upon the , if they came to Sit
in Judgment upon them. And this I think in a few words is fufficient to (hew , that he
is miftaken, as to the advantage of the Priviledge of being tryed by a Mans Peers: And -
for a further clearing of the Point, I (hall in the following pjirticulars prove from him-
felf, that the Law made an Eftimate of Peerage from a general equality and parity ,
without fo much as thinking of iuch niceties of Circumftances as he fancies it confifts
in, and which, if Iplit into fo many hairsas it is polfible it may, will at laft render
the Priviledge wholly and fruftratc the Foundation of Law and Parlia.-
merits , which is Right and Jujiice.
Since therefore the has,like the Frog in tr£fip, attempted to fwell thU
thin and fpeculative , to the bulk of an Elephant, and v^on the back of his
own imaginary Creature, has planted a Cafile, out of which he combats the Peerage
of the Lords Spiritual-, and it being his HerculeanThefis, That in regard, according to
his conception of the Priviledge of Peerage, no Bijhop can he a Peer to a Lord Temporal
in the circun.ftaoce of inheritable Nobility, and by confequencc, cannot lofe that
which the other may, and therefore is no competent in the Trial of fuch Tern-
poral Barons, I will endca'/our to fhew him and others his miftake, by proving my
fecond Antithefis, viz.. That
a
k)
That it is not contrary to the priviledge of the Free-men of England, or any in-
fringmentof the true intent and meaning of the MagnaCharta, for Peers to be tryed
by thofewhoarenotinallcircumftanccstheirPcfrJ', and particularly as to the inheri-
table Quality of Blood, and that therefore by rational conlcqucncc Bijhops are not by
the meaning of the z^th. of Magna Cmrta debarred from a R.ight to vote in Capital
Cafes.
The Gentleman has well and truly obfervecl and proved, that the Kinfs Writ of Sim.,
does not ennoble the Perlbn lummoned to lerve as ei Peer in Parliament^ by many
undeniable Reafons and Prccciifewrj, and particularly by that famous and well knowri
Inftance of Sir Son to Sir Ralph Catn^ys, and Grandchild to Sir Ralph
Camays \ lb that the Record might well £iy quamplures Anteceforesfui Bannerettifaerinr;
he has proved that thefe "Bannerets late in the Houfe of Lords as feers of the Realm. Thus
in the Roll 18 Ed.'i. n-i 5. were prelent the King and divers Lords, & aiures Barone-s.cR,
Bannerets. And in many o{t}noParliamentRolls.^ts.'i£.3. ^7,7. DullesyEarls.,Barons.pi.niL
Bannerets \ and many times Brelates.,Earls.f Barons., andother'Grandees. And that the
Barones minores., as well as Bannerets.^ in regard they had not this Circumfcance of in-
heritable Nobility, as the Barones majores had, by Creation and Invefiiinre of Robes, o c.
were therefore ad libitum fummoned or left out ^ and when they were Ibmmoned, in
the Roll, after the Counts and Bar9ns,t\\f^ went by the Title of Bannerets,& autoes Gran,-
dees, dr Nobles, he has taken great pains moft learnedly to prove, and has done it
raoft effeftually, and I heartily thank him for it^ for he has laved me a task, I muft
otherwile have had to fearch the Rolls, Jonrnals, and Records. Taking this therefore for
granted and indifputableTruthj that thefe Bannerets, Barones minores. Grandees, dr
aiiires Nobles,v}cronotiti\\orittsh\o Lords, and by confequence not Beers, (according
toh.\sBofition, for want of that Circumllance, within the mo&ningoi Magna Charta)
to thoitLordsvthov^ctoiohy Creation and Invcfiiture of Robes: if I can'prove, that
notwithftanding this, they fate and g^vc Judgment in Capital with fhe Counts and
Barons, come Judges du Parliament, I think 1 have gained my point *, and that this clcfi-
ciency in Circumftance is no Bar againft theClaim of fuch, as in the eye of the Law
arc Peers de Roy aim-, but that they have a right as fuch to vote in capital Cafes in the
Tryals of inheritable itheing a. Maxim, that they who may do the greater,
may do the lefs •, and if fuch may give Judgment, d fortiori, they may vote in fuch cafes
till it comes up to Sentence and Judgment.
I find therefore that to further my Befign , and that truth may prevail, the Gentle-
has elaborately proved, that feveral of thefe Grandees, dr autres Nobles,
have in feveral Parliaments fate in Judgment in capital cafes upon the inheritable No-
bility -, and that this Circumftance was judged no incapacity or infringment of the Pri-
vilege or Advantage of Peerage, according to the 29//;. of Magna 'Ghana, nor will he
(I thinkj be able to rub off this, as an Error in the moft Honourable Houfe of Lords,
as he does the Petition of the Houfe of Commons, 21 R.z. with being a very ftrange and
unaccountable overfight, unlefs he (ball mean it of himfelf.
Thus my Author informs me pag.i^.Anno ,t^E. 3. In the Parliament at Winchefter^
Die Luna poflfefiumSantUGeorgii, the Earl of Kent, a Peer of Noble and Inheritable
Bloud and Honour, was brought before the Counts, Barons, & autres Grandees & No-
hies en mefme le Parliament, d-c, for Treafon. Dorf. Claitf. «. 3 8.
Annoeodem in the Parliament at Wejiminfler, pofi fefium Sancda Katbarina, Morti-
merEarl of (JUarch, was impeached of Treajon by feveral Articles, and the King
charged les Counts dr Barons, les Peers de fonRoyaiim, to give judgment, and accor-
dingly it was given per les dits ' ounts dr Barons, les Peers de Royaum, come Judges dit Par-
liament.
Ibid. The King commanCiQ.^ les dits Count Set Barons, Peers, drc. to give JiidgmenC
tipon Simon de Bereferd.
/Wi/.-The commanded the fame againft feveral others, and acordingly, John
Matravers, and four others, were all Judged in that Parliament for f reafon. Now,
adds our Author, the Prelates could not be comprehended in thefe general words, Lei
autres Grandees et Nobles, for two Reafons: r. Becaufe they are never fpokeh of in
anyReco-rd, but either by the name of Archiepifcopi, Epifcopi, &c. ot Prelate, or
fome fuch name to diftinguilh them from the Laity. 2. If they be ipoken of, they
[8]
are always firft named. Now from hence I infer, that if thefe Autres Cran.-kes
ft Nobles, who late 'judicially upon thefe inheritable Lords , were neither Frclatcs,
Counts, v\ox Barons,ihcy tms^hc the Barones mimres ^ "Bannerets, the Kings Judges,
Serjeants, or Council, for no other were in any age known to be fummoned, or let in
Tarliament among the Beers.
This being therefore clear and indubitable, that the Writ of Smmons did not cnoble
thefe autres Grandees et Nobles, and that their Honour and Peerage was not inherita-
ble, but ad libitum; it muft nccclTarily follow ,
Either firft, That thefe iVoWfwew had hard meafure , tobetryed contrary to the
true intent and meaning of the 2<^th. of Magna Charta, and the only advantage of
tryal by Pfchf; Since, according to our Author's Maxim , thd'e Grandees et antres
Nobles, wanting this Inheritable, were no more Genti de lour Condition thm
honeftfubftantial Free-holders:, and they might expeft as much Jufiice from them.
Or Secondly, it follows, That this/cwc which he has put fo much ftrefs upon, is
not the true and ancient fence of the 29^/?. of Magna Charta, and the advantage of
Tryal by Peers', hut tha.t n Peer ad libitum , much more than a Peer ratione tenura, is a
competent of another Peer, who has that circumftance of inheritable Peerage,
which the other wants.
Or, Thirdly; Thikt the Kin£s Writ of Summons, direftcd tofuch as were only Ba-
rones minores, or zs the APodpts tenendiParliamentum, ^ylesfaerrt "Barons Peers, though
it did not cnoble them or their pofterity defuturo, yet did both enoble and enable
them de prafenti, to fit as Peert de Royaum, and to give Judgement with the Counts
and Barons.
Now let him chufe which of thefe he (lialll ike beft-, they are all natural inferences
from his own and yet they will equally ruiii his delicate airy Pofitkn, of the
advantage of Parity, confiftng, as he would have it, in fuch a temper amentum ad pondus
of Circumftances, as is almoft impoffible to expeft.
For, if he Ihali aftert the Firft, That thefe were illegal procedures againft thofe
Noble Lords, as being contrary to the intent of Magna Charta, and the advantage of
Peerage,hciu\nsh'\sov^uPrecedents: For no illegal proceeding can ever prove a good
Precedent, or warrant future aftions *, and then , notwithftanding all he fays there,
his Precedents, by which he indeavours to prove his aflertion, will be of no value •, and
the Lords Spiritual may have a Right to vote in Capital Cafes, notwithftanding they are
net mentioned, or voluntarily departed from fuch Parliaments, which , as he would
make us believe, did fo apparently violate the Magna Charta, hy fudging Noble Lords,
by thofe who were not their Pew, having no Inheritable Peerage or Nobility to lofe
as the Prifoners'h^d.
But it is both more modeft and probable, that thefe Tryals happening not much
above a hundred Years after the ratifiing of the Magna Charta, by Henry 5. the Houfe
of Peers muft needs have reafon to underftand the true meaning and advantage of the
2gth.Cap. and the Prifoners, who were to loHethe'ir Lives, Eftates real and perfonal,
their Nobility, and the Inheritable Quality of their Blood, and the Houfe of Peers
a Member for ever, would forae of them have happily hit upon this Difcovery , and
have moved an arrefl, if not reverfal of Judgment upon fo great an Error •, as, if we
believe this Gentleman, amounts to no lefs then the fubverfion of the very Fundamental
Priviledge oi Peerage, andruins all the advantage of the Free-men of England, in a
point fo worthy of Confideration.
'Tis a Favour which the moft Honourable Houfe of Lords ever grant to any of
their Members when impeached, that they affign themCouncil, learned in the Laws, to
affift them in point of Law, to anfwer to the Articles of their Impeachment •, and it
is ftrange beyond all belief, that hone of them Ihould hit this Fault, and inftrucl the
Prj/ewfrjupon fo great a violation of their Peerage, either to make Chalcnge againft
thefe autres Grandees et Nobles, as incompetent Judges, before their Tryals, or to
petition ^or a Reverfal o{ the Sentence afterwards, by affigning this Fundamental mi-
ftake as futficient matter of Error; but it was their ill Dejliny to come to their Tryals
Before our Author was born!
And 'tis yet more ftrange, that the whole Houfe of fliould be fo careful of
"1 their
[9]
their own coBcein , knowing it not irapoffible, but that they, or their Pofierity might
at one time or another come to be under the fame circumftances with the Prifoners,
Chould permit fuch a dangerous infringraent of the Magnu Charta, as to fuffer thole
who were not Peers, within the true meaning and intent of that branch of the i^th.
Cip. to fit in Judgment upon the of their Houlb; which they could not but
forefee might be drawn into fo much to their difadvantage in after-times,
that they might come to be judged by who, if all this Gentleman avers
be true, are as much their Peers, as thofc who cannot be under their circumftances,
having no Blood to corrupt, nor any inheritable Nobility to lofe j which was the
exaftCafeof thcilt autres Grandees et Nobles, who did not fit de )Hre in the Moufe of
Lords, but only ad Libitum, when the King was pleafed to call them by his Writ of
Summons.
From hence therefore I infer, that fince the abovefaid Judgments in Parliament
were always affirmed to be good, and given by competent Judges, per les dits Counts et
Barons, Peers et autrees Grandees et Nobles, cofne Judges du Parliament',
Firft, That our Commentary upon the z<yth. Cap. of Magna Charta is by
feveral adjudged Cafes and Precedents of his own , falfe and frivolousand that the
advantage of Tryal by Peers, does not confift in the exaft proportion of Circumftances
of Inheritable Honour or Nobility, but in a defence againft Arbitrary and Illegal
Procefs', and fixing every man in his property And Free-hold, till by the Judgment of
fuch as the Common Law took to be his Peers, he fhould be found guilty of Crimes
which Ihould render them liable to Forfeitureand fo by their Judgment, h\i freehold,
&c. Ihould efcheat to the King, or thole claimant under him.
Secondly, I infer, that the Common Law of England has anciently reputed thofe
Baronesminores, Bannerets, et autres Grandees, etNohles, thon^ no Baronshy Crea-
tion, or InveftitUre of Robes', yet upon Summons directed to them Pterj de Royaum ,
Peers of the Realm ed vice, for that time, to all intents and purpofes within the mea-
ningof the 2 9?^. of Mt^na Charta.
Thirdly, that therefore the Lords Spiritual being much more Peers of the Realm
thanthtk Baronesminores,&c. could ever pretend to, as being, \. Bar ones rationete-
mra, which the others were not. 2. Always de jure furamoned by Writ to fit in Parlia-
ment. And not ad libitum as the others were, they muft of neceffity be Peers to all in-
tents and purpofes within the meaning of the z^th. of Magna Charta, and in a good
humour I find our ./^wWconfeffing asmuchhimfelf^ For Jure f fays he pag.%.) it was
not without ground that fo grave and judicious an Author as Camhdcn Jhould fay. That the
Lords Spiritual enjoy all the Privileges that Temporal Lords do, faving onely the bufinefs of
Tryal by Peers. I Avalothto^nt the Gentleman to the blulh with a Non put dram-, but
why was Mr. Cambden alleaged with the fair encomium of A grave and judicious Author,
if what he fays be not true ? And if Mr. Cambden, fo great an Herald, fo great and
fAmons SlO Antiquary, who made it his bufinefs to fearch into thefe matters, and had
fuch opportunities as never man had, the public Archives, and the favour of all the
Private Libraries of England, fo grave and fo judicious an Author fay true, then all
the Gentleman has laid before that citation, and after too againft the Peerage of BiJIjops
is falfe: For , if the Spiritual Lords have all the Privileges of the Ttmporal Lords,
then are they Peers within the meaning of the Magna Charta, and have a right to
Vote in Capital Cafes • for I make account, thefe are fome of the Privileges of the
Temporal Lords-, and if t\\c Spiritual Lords enjoy All in common with them , except
being themfelvcsTryed by Pfcrj, thenfure thefe of Sitting and Voting in Capital
Cafes among the reft.
So that you fee nothing can be more evident from the Pains our Author has taken
for us, than that he is miftaken in the very Fundamental point of his Bookj And that
his meaning is not the meaning of the i^th.of Magna Coarta, nor the advantage he
talks of, the fole advantage of being Tryed per legale Judicium parum'. But that not-
withftanding what he has laid , the Lords Spiritual ntAy have a Right to Sit, and Vote in
Capital Cafes, without the leaft infringement of the Magna Osarta.
, But bccaufe in our Age we do nothing, unlefs we cry out of breaches of Privilege,
and infringments of tht Magna Charta, and clamour againft Bijhops, as if Heaven
and Earth were by their means to be reduced to their Ancient Chaos. I will beg the
C favour
[•o] f
favouv of ^\s Gentlermtn-y that I may (hew him how improvable this new invention of
his, is to ruin the , and the Peace of the Nation, for which at firft that
(7r/T»r was made ^ and to which it has fo conftantly contributed, fo long, as by virtue
of it, xhcLords Spiritml held and enjoyed the Rank of Teers-, and that after they
were by a Faction laid afide , the Magna Charta and all our Freedoms went to wrack :
'X\\c Temporal Lords wcxc Voted ufelcfs and dangerous , and ftrip'd of their Funda-
mental and Ancient Rights of being the Supreme Judicature of the Nation, and the
King himfelf loft his Crovpn and Life , by the procefs of fuch as were no more his
Peers than Tinkers and Cohlers-, according to the prophetick Maxim of King James y
No Bijhop, No King.
There is nothing that contributes to the Peace of our Nation more effeftually then
fuch Laws und Provijions us arc made for the fafety and fecurity of the Life, Dignity ,
and Power of the Perfon, who wears the Imperial Crown of thefe Realms, and
therefore our Laws punilh all fuch, of what Rank or Quality foever, as are found
guilty of the Crimen LafaMajeftatis, that compafs or imagine death or deftruftion,&c.
25 £. 3.5. C.2. 13 Car.2.1. to the King, with the utmoft feverity, lofs of Life, Eftate,
Honour, Reputation, and whatever is comfortable in this world : and yet fo tender is
our Law, that every man have \ufiice and right done him, that even in the Cafe of High
Treafon he fhall be tried by his Peers. Hopes of Impunity is certainly the greateft
encouragement to the moft horrid Crimes: Now has our Author taken great and learn-
cd pains, by finding out the true meaning and advantage of the Magna Charta, to in-
demnifiefome perfons from any Tryal for High Treafon-, for no Freeman fhall be tried
but by his Pffrj. Now every ones Peerage (fays he/>^^.4.J oughtto bemeafured and pro-
portioned according to the limits and extent of that Ratione cujus he is a Peer. From
whence I infer, that the Ratione cujus of the Peerage of the Princes of the Blond, be-
ing their Defcent from the and their Inheritable Quality to the Imperial
Crown, thofc Barons and Peer J who are not of the Bloud Royal cannot be their Peers
according to his meaning; and therefore are incompetent Judges in their cafe. And
the reafon is plain,for they can never be in the circumftances of the Prifoner, and having
not the Inheritable Right to a Crown to lofe, are not Gents de lour condition, or qualified
to be their Peers.
So that according to his Expofition, if the Princes of the Bloud (hould attempt the
Crown before their time, as feveral in feveral Ages have done, here's antea-
dy for them, both as to Life, Liberty, Eftate, &c. For no Freeman by the Magna
Charta (hall be tried for, or lofe any of thefe, but by the lawfiil judgment of his Peers ^
And no Temporal Lords, who are not of the (according to him) can be: fo
that if there be not Trinces of the Bloud enough to try them, they are like to be untried
and unpunifhed. Of what ill confequences this may be, and how conducive to the un-
doing of the MagnaCharta, the Peace and Profperity of the Nation in future if
it were as generally believed, as it is confidently offer'd (or: truth, I leave to himlclf to
judge, Vihcn the Feavor of his Bloud againji Bijhops is a little over, and that he be-
gins to think coolly upon it.
But to manifeft the error of his Foundation, the Counts, 'Basrons, and Peers, who
were not of the Bloud, have fo often fate judicially upon Princes of the Bloud in capital
cafes, and condemned them too, that it is manifeft the known Law of the Land be-
lievesthem Peers to the Princes of the Bloud, and fo far (fents de lour condition, as to fit
judicially upon them, without infringing the Magna Charta, or the advantage of Peer-
age. And by the juft execution of the Laws have that way fecured the Lives of our
Sovereigns againft any fuch as durft ante diem incpuirerein annos,And grafpat
a Crown before their turn.
What linfer from hence is by the Rule of Proportions: For as is a Temporal Lord
who is not of the Bloud, in refpeft of one who is, fo is a Bifwp in refpeft of a Tmporal
Lord •, but any Peer of the Realm, notwithftanding he can never be in the circumftances
of A Prince of the Bloud, yet in the eye of our Law is a competent Judge within the
meaning of Magna Charta, in capital cafes, of fuch a Prince of the Bloud. Therefore by
parity of Reafon fo is a Bifsop in refpeft of a Temporal Lord, notwithftanding he caa
never be in his circumftances as to Inheritable Baronage, which I think is not fo great a
difproportion as Inheritable Royalty.
[■•3
If I were near our Jiithor, and he would permit me that familiarly I would whifpef
foftly lomethiiig in his ear, which I fancy wouLi not be very grateful to him, or Ibme
others for whom he pretends a great eftcem; For W the Barons and Peers according to
liis mealures are incompetent of thofe in whofccircumftances they can never be,
then are they incompetent 'judges as to all fuch perfons, of all things contained in that
C:if. of AdagnaCharta^ Si'iweW^ioica-^italcafes. And if lb, I am afraid Ibme of
hij Friends will not thank him for luch a Jiahbtng hlcxf^ as while it cuts off the Claim of
the £«7/joi5r,doesatthcFiraeinIlantcutofFallPrcten(ionsof Judgment for wantofSuffi-
ciency of Peerage in a great cafe, to which the aforel'aid Privilege of Legale Judicium
Parium will extend. He knows my meaning, and I leave him to think on't; for it is a
poifu worthy of his ferious confideraiion^ wherein the advantage of being tried by a man's
"Peers confifls ^ which (as he fays) u when the Judges may be in the fame circumflanccs
with the perfon to be judged^ and that he can lofe nothing but what they have alfo to I-fe : which
Vihttntho. Peers of the Realm have every one the next Reverfion of a Cmr«, and are next
Heirs to it, will be true, and not before. Sed qua fupra nos
Thus 1 think from his own Writings, Arguments, Reafon, and Precedents, I have
made good my fecond That it is not contrary to the Privilege of the Free-
men of England, or any Infringment of the z<)th. of Magna Charta, for Peers to be
tried by thofe who are not in all circumftances their Peers, and particularly not as to the
Inheritoble Quality of Bloud: and by the clear confcquence, that his firft Pofition is
£alfc, and that "Bijhops voting in capital cafes is not contrary to the intent and meaning of
Magna Chart a.
Let us fee now whether upon Examination he wiU fucceed better upon his fecond Po-
fition. That it is contrary to the known Pradice of all ^ges untill this day.
And in order to this let us examine the Statute of Clarendon, of which he pretends
to make fuch confiderable advantages, the Power of the Lords Spiritual being therein
exprefly limited; and (as he faysj the fucceeding.Praftice accorclingly puiitRually ob-
fcrved. lama great Lover of the Engli^ Nation and Language, and am oi opinion, that
if we hear this Statute fpeak Englijh, if our Grammar and way of ConftrutRion be not
altered, we (hall have a very different fence from what the Gentleman makes it depofe.
The Archbifhops and Bijhops (fays that Venerable Conftitution) and all other perforis
holding of the King in capite, jhail hold by the tenure of Baronage ,&c. Et fkut ca'eri
Barones debeant interejfe Judiciis Curia Regis cum Baronibus, quoufque perveniatur addimi-
nutionem mcmbrorum vet ad mortem; And ought as ether Barons to be prefent at the "Juddciat
♦ Proceedings of the King's Court with the Barons, till fuch time as it comes to lofs of Limb or
Life. Can any thing be more plain i. The Archbifhops and Bijhops 3.re de-
dared to hold of the Kingincapitehy the'Tenure oiBannage. z. That they are of duty
bound, and Ought as the other Barons, interejfe, to he perfonally prefent with the Ba-
rons, luiiciisCurU Regis, in or at the of the King's Court. 3 How
far this their being prefent at Judicial Proceedings fhall extend, quoufque, Cpc. till it
comes to lol's of Life or Limb: Till what comes? Not till matters or cafes of thatna-
ture come before that high Court of Supreme Judicature, but qmufque perveniatur, which is
a certain Limitation in point of Time, and not of Cafes, and anfwersdiredly to the f^e-
fiion how long time, till fuch time as Judgment or Judicial Proceedings comes to the period
of lofs of Life or Limb, that is, till Sentence come to he pronounced upon the Criminal.
This will appear more plain, ifwe confider when it is that the Judicial Procedus e of
thv.t high Court comes to this Period, to which thePrefenceof the Lords Spiritual, is li-
Riited bv the Conftitution of Clarendon', and lb how far their intercjje Judkiis cumBa~
ronibus in that Statute docs extend. And therefore, 1. a bare Impeachment of Hi^h
Treafon does not come up to the point of the quoufque 3 for an innocent man may be falfly
accu!"ed,and if upon due Proof and Examination the Impeachment be not made good,he is
acquitted, and then their interejfe ficut cateri Barones cum Barcnihus is warrantable, be-
caufe hitherto a bare Accufation does not forfeit either Life or Limb. 2. An Inquiry
iuto the Circumftances or Matter of FaEl, the Method or Form of Proceedings, Exa-
mination of WitndTcs, &c. concerning the Truth of the does not reach
the point of the quoufque', for yet Life and Limb are fafc,becaule (as before) there is
a pofllhility of Acquittal, and the Law does not wittingly or willingly touch one hair of
the head of an innocent man ', much lefs his Life or Limb. 3. The quejfion put Guilty or
Not
r
(juilty, does not reach the time of the limitation: For if the Majority of the
Barons are not fatisfied in their Confciences, that the evidence is full and clear as to the
Guilt, the Fore may pafs vn t\\c Negative j and iVorC«i/f)/fecurcsboth Life and Limb
from danger. Fourthly, The carrying the Qnefiion Guilty, or Not Guilty, in the
tyiffirmative, does not come up to the time in the limitation, nor does at all touch Life,
or Limb: for that is only Declaratory of the fence of the Houfe, that they believe
the Matter of FaEl in the Charge , or impeachment to be true, and therefore , if it
proceeds no farther than a Vote of the Houfe , that the Prifoner is Guilty ; he (hall
thereby lofe neither Life, Limb, nor Eftate *, and therefore yet the judicial proceeding is
not arrived at the And thus far I humbly conceive the interejfe f udiciis,
&c. of the Lords SpiritualAotshy virtue of the Statute of Clarendon extend. But
Fifthly, when that Supreme Court of Judicature does fecundum aUegata & probata upon
the carrying the or iVerC7«/7/^ in the proceed to a defini-
tive Sentence againft the, thatdeferving thole punilhraents of lofs of Life,
or Limb, for fuch Crimes as have been fully and clearly proved upon him at his Tryal j
therefore according toJthe Laws of the Land in fuch Cafes made and provided , the
Frifoner is condemned and adjudged to lufFer and undergofuch pains and penalties;
then and not till then , is the Judicial proceeding or Judgment faid to touch Life, or
Limb. pQKzher Sentence, however may bereipited, yet in the Eye of the
Law, a Prifoner condemned to Dye, is a Dead Man *, and it is Sentence that properly is
faid to touch cither Life, or Linib •, for till that be palTed, they are fafe and intire; but
as foon as that is paft, all is fuppofecl to be Executed that is Pronounced, becaufe in
Jufiice it might.
I cannot conceive how our Author will reconcile the Comment he puts upon this anci-
cnt Tearf with either Sence, or Grammar •, when Pag. t8. he tells h'ls Reader, that
this quouftjue perveniatur ad diminutionem, &c. is to be underftood to comprehend all
precedent and preliminary things, which do relate or tend ad diminutionem memhrorum, C^c.
for by that expofition, they can have nothing at all to do in Judicial proceedings j
and then the former words, which fayexpredy ficut c&teriBarones deheantintertffe cum
Baronibus judiciu Curia Regis, that they ought to be prefent as the reft of the
rons, will exclude thcTemporal Lords too, orelfethey muft be fuperfluous and non-'
fence: For it will fpeak thus, the Arch-Bijhops and Bifsops, as well as the reft of the
ought to be prefent with the reft of the Barons in Judiciary proceedings in the
King^s Court, till it comes to the lofs of Limb, or Life; That is, fays our Author, they
ought not to meddle or make, or be prefent from the beginning to the ending, not fo
much as in any precedent or preliminary things, which tend or relate ad diminutio-
nem, &c. and yet fays the Statute , they ought to be prefent Sicut cateri Barones.
Sothatby thisway of arguing, while he would only lighten the of the Spiritual
Lords, he will, by virtue of the Sicut cateri barones, & cum baronibus, heave the
Temporal Lords over board alfo. I cannot tell whether be as difguftful to him as
drollery, but for once, it looks like that over officious Servant, who going to lift a
Gentkman into the Sdiddle , threw him quite over the Hor/e. Had it been an excep-
tion as to fome whole Cafes, and not a limitation as to a certain point or period of
time, till which time be expired, they may and ought to be prefent as the reft are,
it would certainly have come in with a Provife Semper , or exceptis Judiciis ubi agitur
de diminutione , &c. and I am conftdent, that all who underftand muft give
it tliis natural conftruftion.
The Conftitution of Wejiminfler makes it yet plainer, Clergy-men (hall not agitare
Judicium Sanguinis. I hope none will irom hence argue, that no Clergy-man ffiall do
any thingthatis/)rfcci7e«for/)j'fAw/W^to Tryalsof Blood; for he is bound , both by
the Laws of God and Man, to deteft and profecute, or accufe any that he ffiall know
guilty of Treafon, Murder, &c. which are cffentially preliminary to the judicium
Janguinis; but he ffiall not agitare Judicium aft as a Judge; Sit and condemn Criminals ;
and yet I do not believe that this ("^wwwasuniverfally received; for I find, that many
of theClcrgyhavcheen LoydChief Juflices o{ England, and we muft either fuppofe
the People much better than they are now a days, or elfe they would find it difficult to
avoid the breach of the Canon, agitando Judicium fanguinis.
And that this is the true intent and meaning of that limitation as to point of time ii
the
}
i
C '5 ]
Clarendon ^ and of fitting and afting as Judges, in the pronouncing Sen-
in cafes of Blood, prohibited by the Conftitution of Weflminfler, I think our
has gone a great way to prove, by thofe precedents which he produces to
prove, that thefe ConflitHtions vt&ct punftually, as he fiiys, obferved in after Ages^
though not all, by his favour. For all that they prove, is only this That Les Cvmts
et Barons^ les Grandees et autres Nobles Peers de Roj'amty aded and gave Judgment
againft and upon the Fkifoners ^ come fudges da Parliament: And that they were the
fole perfons concerned in giving, and pafling , is a Point, that no
perfon living, that I know of, will difpute with him; But &dt the Bi [heps, the Lords
Spiritual^ according to theintereffe^ of Clarendon-, were not at all prefent
fudiciis Caria Regis , till the time of the ewe pronouncing, which was the thing
he ought to have proved , is a Negative-, which, as he well obferves, p(?j.27. yisitis
rajb to ajfert in a matter of Fa^, io it is to be prefumed , he found too difficult to
prove-, otherwife, no doubt but he had undertaken it, and we had heard of it to fomc
purpofe. And yet, if he docs not prove, as well as raffily alFert this Negative , that
the never were prefent in any Judicial proceedings, cr Voted it? Capital
till it came up to , hiis Second Pofitien WiW he as weak as his Firfi-, and
it will no more appear, th^t t^evc Voting m fuch Cafes is contrary to the Pradice of
all Ages until this Day then ii does, that fuch Voting is contrary to the intent and mea-
nhig of Magna Charta.
Since therefore it appears by the Statute of Clarendon that de jure the Lords Spiritud
ou^ht interejfejHdiciis,cVc. e^uoufque perveniatur, till the Sentence be to be pafied , and
that bis precedents prove no more , but that the Temporal Lords are fole Judges of Parlia-
tnent, as to the pronouncing of Sentence. I think 1 have alfo made good my third
jintithefis-, That he has miftaken his , which do not at all come up to the
point, or prove de Facto, that the Lords SpiritualdiA not fit, Sicut cateri Barones,
cum Baronibus, quoufque , &c. ^s Barons, with the reft: of the Barons, till the Judg-
ment came by Sentence to touch Life or Limb.
As for the Proteftiation of the Clergy 2. R. i. and thofe words Non intendimus nec
wlutAtis, Sicuti de jure non pojfumus, nec debemus, I muft give him a ffiort anfwer of
his own That, as if they had no Right before, this Proteftiation could give them none
So if they had a before, as appears by the of Clarendon they had, their
difclaimof it upon any account whatfoever cannot be pleaded in againft their Sue-
cejfors: For no private Aid can be of force fufficient to invalidate fo publick and Funda-
mentala Co»j?»>«tzo«asthatof Clarendon, and yet the ground of their Proteftation ,
ficuti de jure non pojfumus, is grounded upon the SacrorumCanonum injlituta, which is
hot at all obliging in our Cafe , for in England, even in thofe days, as he obfervcs, p. 22.
inftead of being recieved , they were ftoutly oppofed , as derogating from the Sove-
feignty and Prerogative of tbz King, and tending to the detriment of the Rights and
Properties of the Subjeifts; And yet in the next Page he would perfuadc us they were
into out Common and Statute Lavp-, which Contradiffion Heave hira to rccon-
cile, for it pafies my Underftanding.
As for the Affirtnative •, Thil the Lords Spiritualhtwc Voted both by thcmfelvcs and
their Proxies in Capital Cafes, I think the Inftances given in the 7, and Cap. of the
Honours, &c. are I'o plain, that he is forced to come off with, moft of the Records that
are cited are either Vfhen they made Proxies, or in Bills of Attainder. Now if any of
them are in other Cafes, as it is clear they were , then Ifuppofehis Pofition muft crave
grains of allowance, and ftrike the which in triumph it bears aloft-. That the
Biffiops Voting in Capital Cafes is contrary to the known Praftire of All Ages. And
though he fmooths over the matter of the Commons Petition, 21 R. x. and cunningly
cdAs a. Kin^ and Parliament, all Fools, charging them with the guilt of Heat, and a
Jlrange unaccountable overjight, and introducing of an Innovation ; yet as in honour to
them, feme per fons are apt to prefurae, they knew as well what they did andjfald, as
this Gentleman-, fo that this Private Opinion will not weigh in the v'^calc, againft a
King and Parliament, which till now has ever had a Reverence paid to them as the
United Jufike and Wifdome of the Nation.
Iftiall leave the farther profecution of this affair, to the management of the hand
that firft undertook it *, who doubtlcfs is too fanguine to retreat without ftriking a blow.
D VV hat
I
r 14]
What I have done, was only upon a Carfery view, and as a Van-coHfier to what I pre-
lurpe will follow : I thought it not arails, to let the Author (eCy that he is not come to
his lo Paan, Jo bis dieite Paan: And that the World might not as it is cuttoniary , be
perfuaded, that all ^>v«wc«/jagainft are impregnable. I have alio chofen to
anfwer him by hinilelf^ as thinking I could not pick any ftones more fmooth, than
thofe that I found in his own Brook *, no Sword like that of the Cyant; nor any Con-
viftion like one which comes ex ore tuo.
I have but one word more to add by way of Animadverfion ^ to the Reader, to take
notice of what Principles the G ent lent m is. for though the Voice be Jacobs, the Hands
arcEfaus. The four refleftions which are cunningly Icattered throughout the whole
jDrycoro/e, are ftrong arguments that the is a bitter Enemy to Epifcopacy, which
he cannot be, and a Friend to Monarchy, or the prefent Government, as it is now by
Law Eftablilhed both in Church and State. I will give you a taft of his four Grapes,
which once fet our Teeth on Edge before.
Thus pag. 1. he puts it as a whether fuch an Inftitution were good and rea-
fonable or not •, and pag. 5. he gives the Bifhops a moft undervaluing refledlion. Vpon
whatgroH>7ds,lL3i,ys he, can more fujiice be expected from them, than from honefl fabjiantial
Freeholders ? He might have confidcrcd their Honour, as Peers of ihe Realm, by the
Statute of Clarendon, which he fo much magnifies. Their learning and great abilities;
their eminent and Integrity and the con^wt Loyalty (if that be not a crime) of
moft of the prefent Bifteps to the King and Government, even in the worft of times •
their Sufferings with and for his late, and prefent *, their great Prudence and
Moderation, with which they have afted fmce His <iJMai^efiies happy Reftauration:
Which if he had, upon fecond thoughts, it is to be orefumcd , that he might have
been induced to believe , thatfomething more may be t speded from fuch perfons as are
qualified to fit as Barons in the great Council of England, the Parliament, and fome of
them in His Majejlies moft Honourable Privy Council, than from honeft fubftantial
Freeholders, who, I fear, are not fo well capacitated for the difcharge of fuch Honou-
XAh\e Employs, tho never fo honeft or fubftantial. It is a fhrewd temptation to reta-
liate upon him: But Lfhall leave him to the corredtion of his own Reafon, if he be
not Mortar proof; and that Divine Rule, which teaches him not to fpeak Evil of Dig-
nities, And defpife Dominions, which! am fare by the Magna Charta, and the known
Laws of the Land, the Reverend Trelates are.
Pag.6,y. He brings in feveral , that Bifhops are not trycd by Peers, ra-«
ther wantonly to expofe and vilifie the than to advantage his Caufe *, and bids,
obfeive the humility , obedience and Loyalty of our Spiritual Fathers in thofe days. I know
no body that will deny, that Bijltops lhall not be tryed by Peers •, they have the more
reafon to complain then, that they only fhould be excluded from the benefit of the
2gth. of Magna Charta , fince they are known Barons and 'Peers of the Realm. But
among all his Lift of Clergy Malefathrs I cannot give any reafon, why he fliould bring
in thAt holy and renowned Martyr Archbifhop Cranmer, tried and found guilty of
Treafon, unlefs he has a mind fecretly to befpatter Protefiant Religion in the Cradle and
Infancy of the Reformation, and to fiirnifh the 'Papijts with fomething to reproach us,be-
fides Harry the Eighth's Cod-piece.
Pag.^,io,i 1,12,13.are ipent About PrivilegiumClericale,tono purpofe for his Caufe,
but onely as they give vent for his Gall, andferveas he thinks to vilifie the by
fhewing there were ill men and Villains of that Profeffion. I know not what he is o^
but let it be what it will, I will undertake to (hew him an hundred for one,let him chufe
where he will. All that he can make of it will amount to no more, than that among
12 Difciples there vtAsone Devil andTraitor ; and if there were then men in
or are now, who were or are a Scandal to Religion, they are no more allow'd by the Bi-
ftops thAn Judas vtAshy Chriji', and though it be the conftant method of forae perfons
paucorum crimen dijfundere in omnes, to throw the dirt of a few in the faces of all in Holy
Orders', yetitisneithet Chriflian not Me, for at the fame rate the Reflexion will rc-
bound to him, who is the great Bijfwp of Souls.
Pag.\'d,\<y. is the moft invidiousSuggeftion in the world*, as if the Spiritual Lords
wore the very Damm of Juftice : For fays he. Somewhat or otioer might happen to be put
to the vote in their prefence,G'c. upon which the whole bufinefs might depend, and by the
voices
['?]
voices ef the Spiritual Lords that votCj it might pafs a^ainfi the major part of the Temporal
Lords; andfo the whole hufnefs lofi^ and the exfoliation ofjnflice frujhated. It is a very
imooth way of calling all the Spiritual Lords KN AFES and F 00 LS. What
have they neither Honour xioxHonefy\ neither Mother-Wit Learning, Knowledge,
nor Confcience, but that they muft point hlankjun againft the current of Jufiice ? Good
Sir, think on't again, andrevoke your rafliand unadvifed Cenfure, or otherwife I muft
inform you, that among fober men, who know the Bijhops better than you do, your
Book^ will pals for a dangerous and infamous Libel againft, at leaft one of the greateft
Efiates of the Realm, and you will be thought to aim at root and branch at the long run of
youa defign.
And indeed the Gentleman like a (harp Haggard makes feveral Baits at that old
Quarry, which was once flown fp home, z'iz.the Abolifhment of Epifcopal JurifdiHi-
on, i&pag.i. whether their Inftitution be good and reafonable, which with a profound
Obeyfance having onely put them in mind of it, he leaves to the confideration of the
Parliament -, and as if the King were a Party unconcerned, either included in the
word Parliament, or totally to be left out as a Cypher, according to the old mode, he
tells us in the Determination of the Parliament every good Subjeft ought to acquiefce.
I hope he does not mean without the too, or that the King and Parliament are
all one. Andpag.2<^. becomes in with an If it be as they fay, that the Clergy is one of
the three Efiates ^Parliament: But pag.zS. he comes full livoop, and takes them in
the foot, endeavouring to prove, that their isnotatallneceflary to Legiflation,
telling us that their is every whit as ample as their Power of Judicature-,
when in 25 Pages before he pretends not onely to prove, but demonftrate from Magna
Charta, and the Practice of all Alges, that they neither have nor ought to have any right
or power of Judicature; and that no more Juftice is to be expefted from them, than
fromhoneftfubftantialFr^cW^frj; Forgetting that Queen Eliz.abeth fof Famous Me-
mory) hy of Parliament calls them pofitively One' of the greatefi Efiates-, and he
knows who are the other two, and who they were that firft oufted the Bifljops, and then
the Lords Temporal, both from Legifiation and aU Power of Judicature, to the ruin of our
Laws, Liberties, and Government.
He brings in pag.z<^. the odious Precedent of the Noble Earl of Strafford, and the
Procedures of that Parliament of 42, who lent fome of the Bijkops to the Tower,for en-
tering their Proteftation againft the illegal Proceedings of that time *, and feems to ju-
ftifie and applaud their doing fo. It is well the Precedent isfofrefhin memory, tore-
mind people of the danger ofpopular, tumultuary, and diforderly Proceedings-, nor is
it any wonder that then the Bifijops declined their Suffrages, when lb many of theTm-
poral Lords did the fame, for fear of the People. Which I hope IhaH not one day be
brought in ziz Precedent againft their right too. Baker''s Authority, that they did it
according to the Provifion of Canon Law, and the cenfiant Prdliice to this day, I hope is
Hifiory, but no Record; and he might either for lhame have omitted thole Proceedings,
being fo little to his purpofe, as all irregular Proceedings are, or have told us a little
more of the Hifiory and difmal Confequences of thofe Precedents and how the popular
Infolence bythe inftigationofthe^«r/-£/>?7cepd/ Party ran lb high, that the greateft
part of the Lords came tothe Houfe by Water, and durft not come in their Coaches
for fear of Affronts: how all fuch as were favourable to the Lord Strafford, 49 Lords
and 63 Commons, were byname polled upon the Gate at Wefiminfier with this Me-
nace. That all thefe, and all other Enemies of the Commonwealth jhoutdperifii with Strafford.
Yiow ont'm xht LMutiny faid openly. If wehavenot the LieutenanPs Life, we will have
the Kinffs, and how at laft they had both. But not a word of this, or to fignifie his Dc-
teftation of thofe Horrid Precedents..
In the laft place he has a Remark upon the Bifiisps; If (fays he j the Prelates in for-
mer times, whom he had endeavoured to render as black as Ink can make them, didgive
obedience to the Laws and Confiitutions of the Nation, much more ought their Succejfors, whofe
Principle is firiSi Obedience to the (government of the Kingdom, and perfeli Submijfien to the
Higher Powers. Who does he mean by thofe Higher Powers ? For I have not heard,
that either theirpart of the Lords, whom I take to be the Higher Powers,
have required any SubmilTion or Obedience in the pointand when they do, he need
not quefiion but the Btfbops will hold to their Principles in their Practice and I wilh
this
I
[,6]
this Gentleman and all others, were as good and obedient Subjefts as they have been,
and will be. But the Confequencc is, that if the prefent Bijhops will not do as he
would have them, then they arc difobcdient to the Higher Powers, and worfe than the
old PopiJIj Bijhops; and then you know what follows. But immediately after he fub-
joyns, God be thanked the Times are turned, we ha've reafon to expeti more Humility and
Loyalty from our Spiritual^ Fathers, &c. I alfo add, I wilh he would (fince the Times are
turned) (hew more Modefty and Duty towards his Superiours and Spiritual Fathers, than
was (hewed in the laft Turn of the Times, when they were turned out of all,and which
fome People are fufpicious is endeavouring to be done again. And fo Heave him to
confult his Pillow, and cool Thoughts and Confiderations.
Upon the'whole Heave it to the Confideration of the Sobet^ and Judicious, whether
this 6'fwr/<'w<J«'s Performance be lb good as.the Promifeof his Title*, and whether his
Conclufion be true, That there will need a new ASl of Tarliament to give the Lords
' Spiritual a right to vote in Capital Cafes. And fince it is neither contrary 'to the true
intent and meaning of the igth. of Magna Chart a f r\or to theknown Prafticeof all
Ages, vthcther the old Statute of Clarendon, which fays pofitively, debent interejfe Judi-
ciis cum TaronibUs Curia Regis, quoufque perveniatur addiminutionem membrorum, vel ad
mortem ; That the Barons or Lords Spiritual, as the reft of the Barons, ought to be pre-
fent with the other the Temporal Barons in the Kinfs Court, untill fuch time as the
Judicial Proceedings come to lofs of Life or Limb ; that is, till the pronouncing of 5e«-
tence, will not ferve without any new ASl to impower them to vote in capital cafes ? And
if my Lord Cokeys Rule hold good, which he quotes pag.i'^. That.no Statute lofeth its
force by Non ufer,Co. j Inft.iiq.. then by virtue of the Statute ofClarcndon,vihich&a.n6s
yet unrepealed, Bijhops will be enabled both to claim and defend their Right of Judica-
ture as well as Legijlation, and that they ought to Vote in Capital Cafes.
FINIS.
THE
GLERGY
Vindicated
O R T H E
RIGHTS
AND
PRIVILEGES
That belong to them,
ASSERTED;
According to the
Eatos of Cnalantir
MORE
! Particularly,' touching the Sitting of BISHOPS
I in PARLIAMENT5 and their making
I Proxies in Capital Gales.
LOUDON,
Printed by E, T, and R, i 6 j 9;
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[?]
THE
RIGHTS and PRIVILEGES'
OF THE
CLERGY;
According to the
Laws of England.
THp aerev of England, or the whole number of thofe that are Ve Ckro Do,
mim <S^the Lord's Lot, or Share, as the Tribe of Lew ^7&\njudea, is,
arcoWine to our Law, twofold *, Ckrus Major, and Ckrus Minor •, the
tteatcr Md Lelftraetgy; The former doth comprehend the Barons Spi-
ritual or Lords of Parliament; that is to fay, the Arch-Biihops and Bi.
The lateJ contains Arch-Deacons, Deans, Prebends, Parfons, Vicars, and
Siains Of both thefe kinds I will treat feverally, and apart. But before I do fo,
S ri^theRSder an Account in general, of the MeMtrcal State of the Church
f- as T find it defcribed by Mr. Camhden, and Sir Edward Coke.
tells us, that hath two Provinces-, and accordingly, two Arch-
wit Primate and Metropolitan of all £«-
/ «?F and thL Arc^^^ Under thefe are twenty fiveBifiiops. To the
^h-'afftop of Cnr/rrW, are fohjea, twentytwo. To the Arch bilhop of r.rC the
Now,what Bifhopricks thefe be, with the Shires and Diocefles that are at this day
under i'eir Jurifdidion, follow thus.
Jn the f mince of Canterbury.
The Bifhoprick Canterbury, together with that o^Rochejier, containeth under it
f 1 f
^^TheBifiioprickcfLoK<i?« hath under it, Efex, Middlefex, and part 6f
The Bilhoprick of hath belonging to it, ^ j a, r
The Bifhoprick of Winchefier comprifeth Southamptonjhtre, Surrey, and the llle ot
Wioht, Gernfey, ?ind zKo Jerfey, Ifiands lying againft
The Bifhoprick of Salisbury comprehendeth mltjhire and Berkjhtre.
The Bifhoprick of Exeter containeth Devonjhire and Cormal.
The Bifhoprick of Bath and Wells, joyned together, hath under it Somerfetjhire,
The Birtioprick o(Gbeefier hath belonging to it Glocefierfitre.
To the Bifhoprick of Worcefier isfubjed Worcefterfiire, and partot WarmcKfiire.
To the Bifhoprick ofHereford, and partof or Shroppire.
The Bifhoprick of Coventry and Litchfield joyned together, have under it Stafordjhire,
Derbypire, and the other part of Warvfkkjhireas abb, that part of Shroppire, which
lieth toward the Kiver£f/>;7. ^ ^
c '4 T'
Then the Bifnopritk of Lirxcln^ which of all others is the grcateft, is bounded
with Lincolnjinre, Leicefierjlnre^ fjHrHingtonjhirej Bedfordfhire, Buc){inghamjhire, and the
oth r part of HtnfordfJnre.
Tp the Bifhoprick of Ely pertain Cambridgeshire^ and the Ifle of Ely it felf.
Under the Biihoprickof Norwich h Nonhfolk^md Suffolk^
TheBilhcprick of Oxenford hath under4t Oxenfordjhire.
The Bilhoprick of Peterborough comprizeth Northamptonjhire and Rutlandjlnre.
Under the Bilhoprick of Br^tol is Dorfetflnre.
Unto which eighteen Dioceffcs in England are to be added thofe of Wales ^ which are
both bereft of their own peculiar Arch-Bidioprick, and made alfb fewer in number ^ fc-
vcn being brought fcarce to four ; to wit, The Bilhoprick of APeneva, having the Seat
at Sc. Davids, the Bilhoprick of Landdf, the Bilhoprick of Bangor^ and the Bilhoprick
of St. Afaph.
In the ^roVmce of York.
The BiH-ioprick of Tork cbmprehendcth Torkfrnre it felf and Nottinghamjhirc. ■
TheBilhopot Chrfier Conza\ncLh Chejhire, Richmond(lnre., .Lancajhire, part of Cumber'
land, of Flintjhire, and of Denbighfljire.
The BiOioprick of Durham hath Durham it felf under it, and NonhumberUnd.
The Bilhoprick of CarUfle containeth within it part of Cumberland and the County of
Weflmorland.'
Befides, there are in England Deanries twenty fix, whereof thirteen were ordained by
Henry the Eighth in the greater Cathedral Churches, after the Monks were thruft out.
Arch-Dcaconries, fixty. Dignities and Prebends, five hundred forty four. Numbred
alfo there are Parifb Churches under Bilhopricks, nine thoufand two hundred eightv
four-, of which threethoufand eight hundred forty five.be Appropriate. Now, Ap-
propriate Churches thofe are called, which by the Pope's Authority, coming between
with confent of the King, and the Bifliop of the Diocefs, were upon certain CondiCi-
ons tyed, or Inftrumentsannexed and incorporated for ever, unto Moiiafteries Bi-
fhopricks, Colledges and Hofpitals, endowed with fhrall Lands, either for that the
laid Churches were built within their Lordlhips and Lands, or granted by the Lords of
the faid Lands. Which Churches afterwards, wdten the Abbies and Monafferies wene
fuppreffed, became Lay Fees, to the great dammage of the Church. Thus much Afr.
Cambden.
As for Sir Edward Coke, he informeth ns. That the Ecdlefiaflical State of England is df-
vided into two Provinces, or Arch-Bilhopricksvtz^ Oi Canterbury, andof Tork.
The Arch-Bilhop of Canterbury is ftyled, Adetroplitanus, & Primas. Totius AnqHa:
and the Arch-Billiop.of Torkj Vrimas AngUa.
' Each Arch-Bilhop hath within his Province Suffragan Bifnops of feveral Diocefles.
The Arch-Bilhop of Canterbury hath under him within his Province, of ancient Foun-
dations; viz., Rochefier his Principal Chaplain, London his Dean, Winchefier his Chan-
cellor, Norwich, Lincoln, Ely, Chichefier, Salisbury, Exeter, Bath and Wells, Worcefier, Co-
ventry and Litchfield, Hereford, Landafif St. Davids, Bangor, and St. Afaph •, and four
founded by King Henry the Eighth, erefted out of the Ruins of diflblved Monafteries -
that is to lay, Glecefier, Brifiol, Peterborough, and Oxford.
The Arch-Bilhop of Tor^hath under him four, viz.. Ths Bilhop of the County Pa-
latine of Chefier, newly eredted by Henry the Eighth, and annexed by him to the Arch-
Bilhop of the County Palatine of Carlifie, and the lUt of Afan, annexed
to the Province of Tork by Henry the Eighth. But a greater number this Arch-Bilhop
had, which time hath taken from him.
Every Diocels is divided into Arch-Deaconries, wliereof there be lixty. And every
Arch-Deaconr}^ is divided into Deanries j and Deanries again into Parilhes, Towns and
Hamlets.
Having thus given my Reader an Account, how the Ecclefiaflical State of England
ftandeth at this day, I come to fpeak of the Clergy, according to the divillon thereof,
by me before given •, viz.. Into the Greater and LelTer Clergy.
Firfi,
[5]
Firfij Of the Greater or Superior Clergy ; compre-
bending the Prelates ^ the Arch-Bijhops and
Bijhopi
T Hat the Law of En^l^ndm^y be the better underftood, cohcerning ourSa-
perior Clergy, I fliall reduce it to thefe Particularities following, which
are not unworthy of the Reader's Obfervation.
1. Who the Founder and Patron of all Bilhopricks.
2. To whom the Spiritualties and Temporalties of Bilhops appertain, Sede
Vacante.
3. How Bilhops were anciently made.
4. Their Jurifdidion, what, and whence derived.
5. Their Courts.
6. By whom only commanded to certifie.
7. Bilhops Proceedings in Ecclefiailical Courts, under the Name, Style, Sealof
the Bilhops, how warrantable.
8. W ith what Council they are alTifted.
Their Dominion and Property relating to Temporalities.
10. What the King hath after every Bilhop's death.
11. Bilhopricks, whether Saleable.
12. Their Right of Sitting in Parliament.
13. Their Right of making Proxies in Cafes of Life and Death.
14. Statutes, where made without them. ,,
15. Their Privileges as they are Lords of Parliament.
\6. Their.Precedency.
17. _Their Excommunications. .
1. TThe Founder and Fatron of att 'BifhoF'tcks.
IT appeareth by our Books, that all Arch-Bllhops and Bilhops .of kngland have ce.Litt.
been founded by the Kings of England-^ and therefore it hatli been declared in
Parliament, that the Holy Church of England was founded in the State, of Prelacy ft'JtdlEi'
with in this Realm, by the King and his Progenitors. But here then may be queried, carii^'. ''
who were the firll Founders of the Bilhopricks in Wales t
It is anfwered. That the Bilhopricks in Wales were founded by the Princes of
Wales •, and the Principality of Wales was holden of the King of England, as of his
Crown: and when the Prince of committed Treafon, Rebellion, &<:. dit'stJdfma:
Principality was forfeited, and the Patronages of the Bilhops annexed to the Crown i.e. 17.'
of England. So as the King jsto havePcnfions for his Chaplains, and Corodies for
his Vadelets, of them, as of Bilhops founded by himfelf;
2. To ivhoni the Cuflody of the Spiritualties and Temporalties of
BifJwps do appertain. Sede Vaeante. co. 2. 15.
• ■. _ Magna Chart a,
THe Cuftody of the Temporalties of every Arch-Bilhop' and Bilhop rfays Q>ki)
within the Realm, and of fuch Abbies and Priories as were of the King';} ^ r.-
B Founds- 223; ■
[^]*
Foundation, after the fame became void, belonged to the King, during the Vaca*
tion thereof by his Prerogative. For, as the Spiritualties belonged, during that
time, to the Dean and Chapter, deCommitni Jure, or to fonic other Ecclefiaftical
Perfon, by Prefcription or Compofition; fo the Temporalties came to the King
as Founder. And this doth belong to the King, being Patronns cJ* ProteBor Eccle-
fix, info high a Prerogative incident to his Crown, as no Subjeftcan claim the
Temporalties of an Arch-Billiop, or Bilhop, when they fall, by Grant or Prefcri-
ption.
^. How HJhops were^ and how now made.
IT is apparented by our Books of Law and Hiftory, that at the firfl; all the Bi-
Ihopricks in England were Donative, per Traditionem Baculi •, i. e. the Crofler,
olanZndcbm. which was the Paftoral Staff: and ylnnuli, the Ring, whereby he was married to
cfNorwich'; " the Church; King Henry the fitrll being requefted by the Bifhop of Rome to make
them eleflive, refufed it. But King by his Charter, bearing Date, ^into
101. x)ecimo Septimo, granted that the Bifhopricks fhould be Eligible ^
which afterwards was confirmed by divers Afts of Parliament. And afterward the
riter congngatis manner and order, as well of Eledion of Arch-Bifhops and Bifhops, as for the
Confirmation of the Election and Confecration, is enafted and exprelfed in the Sta-
tute of the Twenty fifth of Henry the Eighth. But by the Statute of the thirty
firfl of Henry the Eighth, and the tirft of Edward the Sixth, they were made Dona-
tive by the King's Letters Patents. Both which Statutes are repealed, and the Sta-
tute of the twenty fifth of Henry the Eighth, doth yet remain in full force and effeft.
4. Their JwydiBioHy whatj arid whence derived.
AS to the Jurifdiflion and Authority that appertains to Bifhops, are confide-
rable two Particulars.
1. W hence this Jurifdiftion is derived.
2. The Extent and Subject Matters of this Jurifdidion.
1. Whence derived.
The King of England is, and of Right always was, the Fountain of all Juflice
and Jurifdidion. in all Caufes, as well Ecciefiaftical as Civil, within his Domini-
ons. And this is evident by our Books.
The Right Reverend Prelate, Matthew Parker, Arch-Bifhop of Canterbury, a
man very expert in matters of Antiquity, affirms in his Book fet forth in Latin,
Co lib.9.Hen(- a^no Domini, 1573. Qmd Rex Angli£,oUm eratConciliorumEcclefiafiicorum prxfeSy
lots cafe vindex temeritatis Romana, Propugnator Religionis, nec ullam habehant Epijcopi Authori"
' ' ' ' tatem prater earn quam a Rege accept am refer ehajit. Jus tefiamenti probandi nonhabebanty
Adminifirationis potefitatem cuique delegare mn poterant.
vsvfs Reports, It was refolved in the Tryal touching Legitimation, and Ballardy *, that al-
/. J i.i.ji.a. though all Matrimonial Caufes have been a long time determinable in the Ecclefia-
flical Courts, and are now properly within the Jurifdidion and Cognifance of the
yide Davy's Re-Yet, Ab Initio, non fuit fic. For, as well Caufes of Matrimony, as Can-
foTts,u cfie de fes Teflamentary, were Civil Caufes, and apertained to the Jurifdidion of theCi-
premiinire,97.b. vil Magiflrate, as it is well known to all Civilians; until the Chriflian Emperors
and Kings, for the honouring of Prelates of the Clergy, have granted or allowed
to them the Cognizance and Jurifdidion in thofe Cafes.
And therefore the Kings of England, although they have allowed the Prelates of
the Church to exercife their feveral Jurifdidions in thofe Caufes which properly
appertained to their Cognizance ^ yet, by the Rales of the Common Law, he
hath
[
7 ]
hatha Superintendency upon their proceeding: with power of Dlredion, when
and ho w they fhall proceed •, and of Reftraint and Gorredlion, if they proceed not
duely and orderly in many Cafes •, as it is manifelted b) the Writs ot feveral na-
tures diredled to the Bilhops: whereby the King com nands them to certifie Ba-
ftardy^ Excommunication^ Profefflon, u4cconplement in Loyal Matrimony ^ Of Admitting
Clerks, De Cantione Admittenda, Crc. And alfo, by Writs of Prohibition, Confalta-
tion, and At<^sicbments for Prohibition.
2. fVhat is their ^urifdiciion.
For the deciding of Controverfies (fays Sir Edward Cokf) and diftribution of Ju-
ftice, there be two diftindjurifdidlions. The one Secular, and General, for that
it is guided by the common and general Law of the Realm, The other Ecclefiafti- co.Lit.f.964;,
cal, limited to certain fpiritual and particular Cafes •, and the Court wherein the
Caules are handled, is called Eornm Ecclefiafiicnm in which the Bilhops are Judges,
and immediate Officers to the King's Courts of Juftice in Caufes Eccleiiaftical.
Now, the Spiritual, or Ecclefiaftical Caufes, accarding.to the ufage and cuftom
oi England, are Blafphemy, Apoftacy from Chriftianity, Herefies, Schifms, Holy
Orders, Admiffions, Inftitution of Clerks, Celebration of Divine Service, Rights
of Matrimony, Divorces, General Baftardy, Subtra(ftion and Right of Tithes,
Oblations, Obventions, Dilapidations, Excommunication, Reparation of Churches,
Probate of Teftaments, Adminiftrations, and Accounts upon the fame, Symony,
Inceft, Fornications, Adulteries, Sollicitation of Chaftity, Penfions, Procurations,
Appeals in Ecclefiaftical Cafes, Commutation of Penance. All which are determi-
ned by Ecclefiaftical Judges. .
That the Reader may the better know the Extent and Latitude of the Epifcopal
Jurifdidion and Authority, let him take with himthefe Rules that I have met with-
al in our Books. ,
1. Rule, That where the Right is Spiritual, and the Remedy therefore only hj co.Ut. 06 a:
the Ecclefiaftical Law, the Cognifance thereof doth appertain to the Ecclefiaftical
Court.
2. When the Right of Tithes (hall be tried in the Spiritual Court, and the Spi-
ritual Court hath Jurifdidion thereof, that other Courts (hail be outed of their ^dedmafdi.'^^
Jurifdidion. '
3. Where the Common, or Statute Law, giveth Remedy in Foro Seculari (vvhe- c<i.iJc.96.b:
ther the matter be Spiritual or Temporal) the Cognifance of that Caufe belongeth
to the King's Temporal Courts only, unlefs the Jurifdidion of the Ecclefiaftical
Court be faved, or allowed by the Statute to proceed, according to the Ecclefia-
ftical Laws.
4. Cujus Juris, i.e. JurifdiSlionis efi Principale, ejufdem Juris erit Accefforium. Or Co.lib.i^^.col-
Confonans Rationi, quod Cogmtio Accejfarii, in Curia Chrifiianitatis fit, ubi Cognitio Cau-
fa Principalis ad forum Ecclefiafimm nofcitur pertinere. coUb i j cl/s
. ..... Modo did-
I will conclude this Sedion with this Remark. The Office of Epiftopacy is not manii.
from the King, but of God. The Place, Station and Power wherein that Office is
exercifed, is from the King. It is the King that gives the Bilhoprick .• It is God
that makes the Bifhop. A Soveraign Prince claims not the Power of ordaining a
Paftor in the Church. On the other fide *, Who but Princes can take upon them
to have power toered, and dilpofe of Epifcopal Seas, within their own Dominions.
5. Tlnir Courts.
THe Courts wherein theBiffiops exercife their Jurifdidion in Matters SpiritualV
or Ecclefiaftical, arethefe following.
I. rife
[8]
I. The CourP of Convocation.
This Court is llyled, or called the Convocation of the Clergy *, who are aflembl-
ed for Confultation, upon matters Ecclefiaftical in time of Parliament.
It confiftethof two diftind Houfes. The one called the Higher Convocation
Houfe ; where the Arch-Bilhops and Bidrops fit feverally by themfelvr s. The o-
thcr the Lower Convocation-Houfe; where all the rell of the Clergy are be-
flowed.
And, as there be two Houles of Convocation, fb there be two Prolocutors ^
one of the Higher Houfe, the other of the Lower Houfe: who prefently, upon
the firflAflembly, is, by the motion of the Bifhops, chofenby the Lower Houfc>
and prefented to the Bilhops for their Prolocutor ^ that is, the Man by whom they
mean to deliver their Refolutions to the Higher Houie, and to have their own
Houieefpeciaiiy, ordered and governed.
His Office is, to caufe the Clerk to call the Names of fuch as are of the Houle
when hefeeth caufe, to caufe all things propounded to be read by him, to gather
the Suffrages, and fuch like.
Thofe that fit in this fame Lower Houfe are called the Prodlers of the Clergy *,
which are chofen and appointed to appear for Cathedral, or other Collegiate Chur-
dies-, asalfo, for the Common Clergy of every Diocefs, at the Parliament. Whole
Choice is in this fort. ^
Firft, The Kingdireflcth his Writ to the Arch-Biffiop of every Province, for
the fummoning of all Bilhops, Deans, Arch-Deacons, Cathedral and Collegiate
Churches; and generally, of all the Clergy of his Province, after their befl dif-
cretion and judgment •, affigning them the time and place in the laid Writ, Then
the Arch Bilhops proceed in their accullomed Courfe. One Example may ferve
to ffiew both.
The Arch-Bilhop of Canterbury., upon his Writ received, direfteth his Letters'
to the Bilhop of London, as his Dean-Provincial firfl citing himfelf peremptorily,
and then willing him to cite, in like manner, all the Bilhops, Deans, Arch-Dea-
cons, Cathedral and Collegiate Churches and generally, all the Clergy of his Pro-
vince, to the place, and againft the day fixed in the Writ. But diredeth withal,
that one Prodor fent for every Cathedral or Collegiate Church, and two for the
Body of the Inferior Clergy of each Diocefs, may luffice. And by vertue of thele
Letters, authentickly fealed, the faid Bilhop of London diredeth his like Letters,
feverally, to the Billiop of every Diocefs of the Province, citing them in like fort;
and commanding them, not only to appear, but alfo to admonllh the faid Deans
and Arch-Deacons perfonally to appear and the Cathedral and Collegiate Chur-
ches, as alfo the Common Clergy of the Dioceis, to fend their Prodors to the
place, and at the day appointed. And alfo, willeth them to certilie the Arch -Bi-
Ihop the names of all, and every one, fo monilhed by them, in a Schedule annexed
to their Letters Certificatory. The Bilhops proceed accordingly ; and the Cathe-
dral and Collegiate Churches, asalfo, theClergy, make choice of their Prodors:
Which done, and certified to the Bilhop, he returneth all, anfwerably to his charge,
at ^he day.
Having given an Account how the Prodors of the Clergy are chofen, it will be
high time to ffiew the Jurifdidion of this Court •, what it was, and what now is.
I. fVhat their jurifdidion WO'S.
The Jurifdidion of this Court was, to deal with Herefies, Schifms, and other
mere Spiritual and Ecclefiaflical Caufes; and therein they did proceed, fuxta Le-
gem Divinam, & Cannones Sanlila Ecclejia.
ce.o,.infl.f.121. And, as they could never alfemble together of themfelves, but were always cal-
led together by the King's Writ •, fo were they oftentimes commanded by the King's
Writ, to deal with nothing that concerned the King's Laws-, of the Land, his
Crovvn and Dignity, bis Perfon, or the State of his Council or Kingdom.
2.
[ 9 ]
2 . Wha,t their ^urifdiction mn> is.
By the Statute of the twenty fifth of the Eighth, C. 19. their Jurifdidi^
on and Power is much limited and ftraitned, concerning their making of new
Canons. For they muft have both Licenfe to make them j and after they be made,
the King's Royal Alfent to allow them, before they be put in Execution.
But note, that in the end of that Adl of the twenty fifth of Henry the Eighth,
thefe is an exprefs Provifo \ that fuch Canons as were made before that Act, which
be not repugnant to the King's Prerogative, the Laws, Statutes, or Cuftoms of the
Realm, Ihould be ftill iifed and executed, as they were before the making of
that Ad.
It may be then queried whether, before the Statute of the twenty fifth of Henry
the Eighth, a Difme granted by the Clergy cbuld bind the Clergy, before the
R oyal Alfent ?
It is anfwered, that before this Ad of the twenty fifth of Henry the Eighth, a
Difime, granted by the Clergy at the Convocation, did not bind the Clergy, be-
fore the King's Royal Alfent. Co. Infi. 323. 20. H.6.13*
2. The Prerogative Court of the /Trch-Bijhop.
In this Court all Teftamcnts be proved, and all Adminiftrations granted, where
the Party dying within the Province of the Arch-Bifhop of Cauterbury, hath Bona
Notabilia, in fome Other Diocefs than where he dieth ^ which regularly, is to be
to the value Of five pound; but in the Diocels of London, it is ten pound by Com-
polition.
It is laid, that Adminillration muft be in two places, if the Inteflate died in a
Peculiar, within the Province of Torkj, having Chattels in both. Cro. i Parr.
g. The Court of the Arches',
Jt is called in Latin, Curia de ^rcuhus •, which is the chiefelt and ahcieriteft
Cohfiftory that belongeth to the Arch-Bilhop of Canterbury, for the debating of
Spiritual Caufes. So called of the Church in London, where they lit, and hold this
Conliftory, called 5oiv-Church •, which is in LatiUj Arcuum Ecclfta, and called
San^a Maria de Arcubus. Which Church was dedicated to our Lady, and had that
Denomination at firll, of 5oiv-Church, by reafon of building of the top of the
Steeple Bow-wile, or Arch-wife, like fo many Bows bent. The Judge of this
Court is called De<in of the Arches, becaufe with this Officialty is commonly joyn-
' ed k peculiar Jurildidion of thirteen Parilhes in 'London (termed a Deanry) being
exempted from the Authority of theBilbopof London-, and belonging to the Arch-
Bilhop of Canterbury. Of which the Pafilh of Bow is one; and the chief, becaule
the Court is there kept.
4. The Court of Audience.
The Court of Audience (fays Co%) is kept by the Arch-Bilhop, in his Palace •,
and mcdleth not with anyinatter, between Party and Party, of contentious Jurif-
didtion, but dealeth with matters pro Forma : as, Confirmations of Bifnops,' Ele-
dlions, Confecrations, and the like. And with matters of Voluntary Jurifdidti-
ons •, as, the granting of the Guardianlhip of the Spiritualties, Sede Facante of
Bilhops J Admilfion and Inftitution of Benefices, difpenling with Banes of Matri-
Hlony, and fuch like.
5. The Court of Faculties.
This Court belongeth to the Arch-Bilhop. And, for the granting of Faculties,
there is under him an efpecial Officer, called Magifler ad Facultates, The Mailer of
the Faculties.
C Now,
Now, a Faculty in the Common Law, is ufed for a Privilege, or efpecial Power
granted unto a Man by Favour, Indulgence and Difpenfation, to do that which by
the Common Law, he cannot do. As, to eat Flefli upon days prohibited •, to
marry without Banes firlt asked ■, to hold two or more Ecclefiaftical Livings •, the
Son to fucceed the Father in a Benefice, and fuch like.
6, The Court of Peculiars.
The Arch-Bifhop of Canterbury hath a Peculiar Jurifdiilion, in divers Parillies
within the City of London, and other Diocelfes, o c.
7. The Confifiory Courts of the Arch-Bifjoys, anABifhops.
Confiftory (fays onej is the Counfel-Houfe of EcclefiafticalPerlbns*, and it is a
-r . word borrowed of the7 or rather, Lombards: andfignifies as much as
4" * Xribunal. It is Vocabulum utriufque Juris, and is ufed for the place of Juftice, in
the Courts Chriftian, or Spiritual.
The Confiftory Court of every Arch-Bifhop and Bilhop in every Diocels in Ec-
clefiaftical Caufes, is holden before his Chancellor, or before his Commiilky, in
places of the Diocefs far remote, and diftant, from the Bifhop's Confiftory •, fo
as the Chancellor cannot call them to the Confiftory, without great Travels and
Venation. And he is called Commiffkrm Foraneus.
From thefe the Appeal is to the Arch-Bifhop of either Province refpedtively.
Note. Official, Officialis, in the Canon Law, isefpecially taken for him, to whom any
Bifliop doth generally commit the Charge of his Spiritual Jurifdicftion. And in
this fence one in every Dioccfs is (Offidalis Principalis) whom the Statutes and Laws
of this Kingdom call Chancellor. 32. H. 8. c. 15. The reft, if there be more,
are by the Canon \jm c^\Q^{Ojficiales Foranei) hyxt with us are termed Commif-
faries.
8. The Court of the ut^rch-Deacon, or his Commiffary.
This Court is to be holden where, and in what places the Arch-Deacon,-by
Prefcription or Compofition, hath Jurifdidtion in Spiritual Caufes within his Arch-
Deaconry. And from him the Appeal is to the Dtocefan. He is called, Oculus E-
pifcopi.
9. The Court of DelegateSi
This Court is lb vulgarly called, becaufe thefe Delegates do fit by force of the
King's Commiffion, under the Great Seal, upon an Appeal to the King in the Court
of Chancery in theft Caufts.
1. When a Sentence is given in any Ecclefiaftical Cauft, by the Arch-Bifhop, and
his Official.
2. When any Sentence is given in any Ecclefiaftical Cauft, in places exempt.
10. The Court of the CommiJJtoners of Pevierv^ Ad Revidendum.
Albeit the Ads of 24. H. 8. c. 12. and 25.^.8, c. 19. do, upon certain Ap-
peals, make the Sentence definitive, as to any Appeal \ yet the King after fuch a
definitive Sentence, asSupreme_^ may grant a Commiffion of Review, ad Reviden-
dum. C. 4. Inf. 341. And fo it was refolved in the King's Bench. Tnn. 39. EUz..
Uollinyyeorth% Cafe.
Thus much may fufficeto have been fpoken concerning the Epifcopal, or Eccle-
fiaftical Courts, I proceed to the Sixth Particularity.
[ ]
6. whom only ^ijhops are commanded to certific:.
Co.lit.f. 154.
IT is to be known, that none but the King's Courts of Record •, as the Court of cfl.4- ^oq-
Common Pleas, the King's Bench, Juftices of Goal-Delivery, and the like, ^
can write to the Bifhop, to certifie Baftardy, Mulierty, Loyalty of Matrimony,
and the like Ecclefiaftical Matters. For, 'tis a Rule in Law, that none but the King
can write to the Biihop to certifie ; and therefore no inferior Court, as London.,
Normch, Yorki or any Other Corporation, can write to the Bifhop to certifie ^ but
in thofe Cafes the Plea muft be removed into the Court of Common Pleas, and
that Court muft write to the Bifhop, and then remand the Record again. And this
was done in refpedt of the Honour and Reverence which the Law gave to the Bi-
Ihop, being an Ecclefiaftical Judge, and a Lord of Parliament, by reafon of the Ba-
tony which every Bifhop hath. And this was the reafon a jQitare Impedit did lie of
a Church in ff^ales, in the County nextadjoyning, for that the Lordfhips Marchers
could not write to the Bifhop *, neither fhall Cognizance be granted in a ^are
Impedit, becaufe the Inferior Court cannot write to the Bifliop. And herewith a-
grceth Antiquity •, Nullm dm prater Regem, potefi Epifcopo demandare inqmfitionent
faciendam. Braiton.
7. ^Bijheps Proceedings hi Ecclefiaftical Courts ^ under the Elamcj
Stylcj Seal of the Pip?o^Sy how "ifarrantahle.
At the Seffion of Parliament holden, Anno Jac. upon a Branch of an Aft 6i^,626.co.
made at the firft Seffion,in the firft Year of King his Reign,for Continuance Lib.it.f.j.
and Reviving divers Statutes, it was enafted, that an Aft made in the firft Year
of Q^en Mary, Stat. 2. c. 2. entitnled, An AH for Repeal of certain Statutes made
in the time of King Edward the fixth, fhould ftand repealed and void. A doubt
was moved concerning the Bifliops 5 which was divided into two Queftions.
1. Whether any Bifhop made, efpedally fmce the firft day of that firft Seffion *
of Parliament, were lawful or no ?
2. Whether the Proceedings in the Bifhops, or other Ecclefiaftical Courts, be-
ing made under the Name, Style and Seal of the Bifhops, were warranted by
Law ?
And the reafon of thefe two Doubts was this -• By the Statute of \ E. 6. c. 2.
it was enafted, that Bifhops fhould not be Eleftive, as before that time they had
been *, but Donative, by the King's Letters Patents.
Secondly, By the laid Aft is provided, that all Summons, Citations, and Pro-
cefs in Ecclefiaftical Courts fhould be made in the Name and Style of the King, and
that their Procefs fhould be fealed with a Seal of the King's Arms, &c.
And it was ftrongly urged, that this Aft of the firft of Edward the Sixth was
now in force •, and confequently, all Bifhops made (at the leaft, lince it became of
force) by Eleftion, &c. and not by Donation, according to thefaid Aft of the
firft 0^ Edward ti\tS\yx\\, arc unlawful*, and all their Procefs, Proceedings, being
in their own Names, Styles arid Seals (where, by the faid Aft,, they ought to
have been in the King's Name, and under his Seal) were all unlawful and void. And
to prove that the faid Aft of Ann. i.Ed.6. was now in force, they alledged that
this Aft of the firft of Edward the Sixth was repealed by the faid Aft of the firft of
Mary above mentioned; which Aft of Repeal, being repealed by the faid Branch
of the firft of Jacobus, confequently the faid Aft of the firft of Edward the Sixth
was thereby revived. For when an Aft of Repeal is repealed, the firft Aft that
was
flS"
I 2
was repealed, is revived •, and herewith agreeth the Book.Cafe, in the fifteenth of
Elxard the Third. Ttt. Petition. PL 2. And this is true, and cannot be denied.
The King having underftanding hereof, and being informed of the Confequents
thereof, being matters tending not only to-the infinite prejudice of His Subjeds in
Cafes of great Importance Celpccially, if any Diocefs had no Lawful Bifhop, or
Ordinary; but, to the fcandal and impeachment of his Majefty's Juflice, not only
in thofe Proceedings, but alfo in Adniinillration of Jultice, in certain Cafes, in
his Courts of Common l<nw at Wefiminfief) commanded his two Chief ]ufticest6
confider of the faid Objedllons, and to inform him of the true State thereof ^ that
either the fcruple-conceived might-be cleared and fatisfied, or the Inconvenience
f if any werej timely provided for, and prevented : who,, upon timely confidera-
tion had of the faid Objeftion, agreed the Law to be (as the faid Cafe was put) as
it had been taken. But upon further fearch and confideration had, other raanifeft
and diredt matters were found to fatisfie and clear the faid fcruple and queltion ^
which afterwards was agreed and refolvcd accordingly, by the Chief Baron, and
other Judges then attending in the Upper Houfe of Parliament.
For the underftanding whereof it is to be obferved, that the faid Adt of the firft
of Edward the Sixth was repealed by three feveral Acfts of Parliament; viz..
1. By the faid Statute oiAnn. i. Mar. in the whole.
2. By the Aft of i.& 2. Ph. & Mar. c. 8. by fufficient words, as concerning the
Name, Style and Seal of their Procefs, &c.
AndLaftly, By the Statute of i.Eliz.. c.i. the whole Adt of i.E.6. is alfo re-
pealed.
For, Le^es pofieriores friores contrarias ahhrogant. And as a Man that is ftrongly
bound with three Cords, or Ligaments, albeit one or two of them be untied. Or
cut afunder, remains bound notwithftanding,by and with the fecond or third,which
remain firm and untouched ^ fo a Statute repealed by force of three feveral Adts re-
mains repealed fo long as any of them remain in force, albeit one or two of them
be made void. And therefore, although the Adt of \.Mar. be repealed by i.
Jac. yet the other two Adts remaining in force, the Adt Ann. Prtm. E. 6. re-
mains repealed.
Firft therefore. As to the Name, Style and Seal, &c. in EccIcfiaftical Courts, it
is enadted by the r. & x. Ph. & Mar. c. 8. in thefe words.'
And the Ecclefiaftical Jurifdidtion of the Arch-Bilhops, Bilhopsand Ordinaries
to be in the fame ftate for Procefs of Suits, punilhment of Crimes, and Execution
of Cenfures of the Church, with knowledge of Caufes belonging to the fame ^ and
as large in thofe points as the faid Jurifdiftion was in Ann. lo. H. 8.
By which Claufe, if the Adt of Repeal of i. Mar. (now repealed) had never been
made, the Adt of i. £. 6. as to the Name, Style and Seal in Ecclefiaftical Proceed-
ings, had been repealed by this latter Adt of i. 2. Ph.o- Mar.
Secondly, But it was objedted, that the Adt of \.& x. Ph.& Mar. (which is the
fecond Cord or Ligament) is repealed by the Adt of i. EUz.. c.i. To this it was
anfwered, andrefolved, that this fecond Cord or Ligament remains in force for,
true it is, that the Adt of i. EUz.. repeals the Adt of i.& x. Ph. ct- Mar. Seem-
dtim quid, but not Simfliciter ^ for the Adt of i. Eliz.. doth repeal every Branch and
Article of i. 2. Ph. & Mar. other than for fuch Branches as therein be except-
ed. And afterwards, by another Branch of the faid Adt of i. Eliz.. it is enadted,
that all other Laws and Statutes repealed, and made void by the laid Adt of i.&x.
of Ph. & Mar. and not in that Adt fpecially mentioned and revived, Ihould ftand,
remain, and be repealed and void, as the fame were, before the making of that Adt.
But that Adt of i .Ed.6. (as it hath been often faid) is fufficiently repealed by the A<ft
oii.&x.Ph. & Mar. as to the Name, Style and Seal, &c. and the Act of i. Ed.
6. is not fpecially mentioned and revived by the Adt of i.EUz.. fo the fame remain
repealed, by the Adt of i. 2. Ph. & Mar.
Thirdly, The third Adt, which clearly repeals and annuls the Adt of i Ed. 6. as
well for the making and conftituting Bifhops, as for the Name, Style and Seal of
Procefs, is the Adt of i.Eliz.. c. i. for that Adt doth revive the Adt of 25.//. 8.C.20.
and further enadteth, that the fame (hall ftand in full force and effedt, to all Intents,
Conftitutions and Purpofes. By which Adt of 25. H. 8. it is enadted as followeth.
And
1
of the'tr Dornmm arid ^ro^erty.
X TEretoFore Bifhops, with the Confirmation of the Dean and Chapter, might
Jtl have tfificte LeafesTor Lives or Years, without Liniitatiorr or Stint. And^
D fo
Every Bifliop isaffifted with a Council. For, feeing it was impoflible that the co-Uk-^.u
Church of God fliould continue without Sedls and Herefies, it was in Chri-
ftian Policy thought neceflary, that every Bilhop Ihould be affifted with a Coun- '
cil, and with a Chapter 5 and that for two Realbns.
1. To confuitwith them in matters of difficulty, ahdtoaffifl: theBifhop ii
deciding of Controverfies in point of Religion. And to this purpofe every Bi-
fliop hath a Chair.
2. To confent to everyGriit the Bilhop (hall make to bind his SuccelTorS*
for the Law did not judge it reafbnableto repofe fuch Confidence in him alone.
At fir ft all the Pofieffions were to the Bilhop, after, a certain Portion was affigned
to the Chapter ^ therefore the Chapter was before they had any Pofieffions. And
of Common Right the Bilhop is Patron of all the Pretfends, becaufe their Poflef.
fidns were derived from him, Sothatfolong as the Bilhbprick continues ("the
Dean and Chapter being his Counfel) remains, though they have noPoIfeffions,
as at firft they were, when the Bifhoprick confifted all of Spiritualty.
8. Tire 'Bijhops with lohat Council asjljled'.
And that of every Avoidance ofany Arcli-Biffioprick or Bllhoprick,the Kng,
his Heirsand Succellors, may grant to the Prior and Covent, or to the D.an and
Chapter, aLicenfe under the GreatSeal, as of old time hath been aceultoined
toprocefd to anElcdion of an Arch-Billiop, or Bilhop ^ witha Letter Miffive,
'containing the Name of the Perfon which they lhall cleft and chufe, &c. And
according to this Statute, revived by Ann. 1. £/iz.. all Arch-Bilhops and Bilhops
at this day be made .• and if they wfte made according to the Aft of i. E.6,
they were unlawful.
And further, it is ehafted by the (aid Aft of iy H. 8. That every Perlbtt
thofen, elefted, invefted and confecrated Arch-Bilhop or Bilhop, according to
the form and effieft of this Aft, &c. lhall do and execute, in every thing and
things, touching the fame ^ as any Arch-Bilhop or Bilhop of this Realm, &c.
might at any time heretofore do. Which later Branch doth extend to all Procels
aiid Proceedings in Ecclefiaftlcal Courts, and that the fame lliall be in fuch fort
as the (ame were before the Aft of 25. H. 8. and before that Aift, the Narn£^
Style arid Seal of their Procels, &c. were as now they be.
And the faid Aft of i. EUz.. reviving the Aft of 25. H. 8. doth impliedly rcr
liealtheAeftof i.£.d. which had repealed the 25.//. 8. in both the faid points;
For, as by repealing of a Repeal, the firft Aft is revived •, fo by reviving of ari
Aft; repealed, the Aft of Repeal is made of no force.
[ '4 ]
fo might they have made Gifts in Tail, and Eitates in Fee, at their Will and
PJcafure. Whereupon, not only great decay of Divine Service, but Dilapi-
dations, and other Inconveniences enfued: and they were difabled and reftrain-
ed by feverai Ads of Parliament, to make any Eftatc, or Conveyance to the
Khig at all, or to the Subjed •, but there is excepted out of the Rellraint orDiC
ability, Leafes for three Lives, or twenty one Years, with Refer vation of Rent,
and with other Provifionsand Limitations.
Tobelhort, as theBifhops cannot utterly diveft themfelves of their Lands
and Revenues, lb ought not their Rights to be liable to the Sacrilegious Rapine
of others •, For, Quod diitum eji Ecclefix^ Deo datum efi. Which facred Maxim
the Roal Martyr very well underftood, when he ufedthefe very words, viz^
There are ways enough to repair the Breaches of the Stkte^ without the
B nines of the Church 5 as I would be a Reftorer of one^ fo J would not be
an Opprejfor of the other y under the pretence of Publick Debts. The
Occafions contradtng them were bad enoughy but fuch a difcharging of
them would be much warfe. I pray God neither f nor minoy may be acce f'
fary to either. '■
And indeed, well might this raofl Religious Prince thus pray y for, without
doubt, the Sin of Sacrilege is a very horrid Crime. Proximum Sacrikgio'Crimen,
efiy cjuod Majeftatis dicitur , Treafon is a petty Sin, in rcfped of Sacrilege.'
St. AujUn feems to give the Reafon ^ Tanto gravius eft peccatumy Cjuamo commit'
ti nan potefty nifi in Deum. Thou that abhorrtfi Idols, committefi thou Sacrilege ?
Which words of the ApoEle St. Paul are fpecially to be noted by them that pre-
tend mainly againft Superllition and Idolatry, yet are hotly fet for Sacrilege.
Further, As this Sin of Sacrilege in its own Nature is very abominable, fo it
is dangerous more ways than one,
-f
1. To private Men that commit it. Make them like a Wheel, as Stubble
before the Wind, fill their faces with lhame, who faid, Let us ta^ the Houfes
of God to our felves in poffeffion, Pfak 83.
2. To more publick Perlbns, even to the Heads, and Principal Members of
the Commonwealth, the Kings and Princes thereof-, fee Daniel c.^. concern-
ing Belfhatezar.
Our own Annals tell us of King Widiam Rufus and his Nephew, the Son of
Robert, Dukeof Normandy both flain in Hunting, in the lame Foreft that the
Conqueror his Father, and Grandfather to his Nephew, had made, andhimfelf
had augmented, with the utter Ruin of many Chappels, Churches and Religi-
ous Houfes.
a. To the Commonwealth it felf. This Sin in Ahan became not a Snare to
himfelf, in which he was taken ; but all Ifrael was troubled by the fm of that
one Achan , Jofhua c. 7.
But after all this, it may be demanded of me, whether this will take away
the nature of fin from the Alienation of Church-Lands, that it is done by a
National AlTembly of the States in Parliament ?
T anfwer, that this will not take from Sacrilege the nature of fin, that it is
done
ifi?
C '5 ]
done by a National AlTembly, giving their Sanflion thereunto: for the Pro-
ceedings and Sanctions of a National Council rruift be by Rule from God ; o-
therwife they become more out of meafure finful, than Actions of like C^iality
in private Men. The Laws of State are not therefore jnfl:, becaufe enadtcd by
theState ; but when they agree with the common Rules of Juiticc, that God
has bello wed upon the Sons of Men.
To conclude, To do that by a Law, which fhould beenadted for preventi-
on of Sin, and not for Commillion, is to make it the more finful. Shall the
Throne of Iniquity have Feliowfnp mth thee^ that frameth mifchief by a Liw ?
10. Wl?at ty King hath after the Death of every Dijhof,
»• ' 3 ; • .
IT appeareth by many Records in the Reign of Henry the Thirdj and Ed- co.i.
vpardtht Second ^ that, by the Law and Cuftom of England, no Bilhop could
make his Will of his Goods or Chattels coming of his Biihoprick, &c. without 3^3.
the King's Licenfe.
, The Bilhops, that they might freely make their Wills, y ielded to give to
the King, after their Dcccafcs refpedively, forever, fix things.
- I. Their belt Horfe, or Palfrey, with Bridle and Saddle. '
i. A Cloak with a Cape.
5. One Cup with a Cover.
4. One Bafon and Ewer.
5. One Ring of Gold. ' -
<5. His Kennel of Hounds.
■ For thefe a Writ ilTucth out of the Exchequer after the Deceafe of Every
Bilhop.
t i iijho^rkks whether ^deahle.
4
AS, Inomnire nafcitHr res qua tpfam rem exterminate (as the Worm ill the Co.i.fuft.f.if.
Wood, or the Moth in the Cloth, and the like^fo often times no Profefi
fion receives a greater blow, than by one of their own Coat. For Ranulph, an
Ecclefiaflical Perlbn, and King WilliamRnfus hh Chaiphin, wasa Fadorrorthe
King in making Merchandize of Church-Livings; in as much as when any Arch-
Bifhoprick, Biftioprick, or Monallery became void,
Firfl, He perfwaded the King to keep void a long time ^ and converted the
Profits thereof, fometune by Letting, and Ibmetime by Sale of the fame :
, " ' whereby
li
f'6 D
whereby the Temporaltics were exceedingly wafted and dcftroyed.
Secondly, after a long time no man was preferred to them, ferTraditimrn
^4mtdi & Baculi; by Livery of Seiz^in, as the old falbion was; but by Bargain and
Sale from the King, to him that would give moft : by means whereof the Church
was ftuffed with unworthy and infufficient Menand many Men of lively W its,
and towardlinefs in Learning, defpairing q1;Preferment, turned their Studies
to other ProfelTions. This RitNulph, for ferving the King's Turns, was advan-
ccd •, firft. To be the King's Chancellor, and after to be Bifhop of Durham.
Who after his Advancement to fo high Dignities, made them Servants to his
Sacrilegious and Symoniacal Defigns. King Henry the Firft, feeing this mif
chief, and forefeeing the great inconvenience that would follow thereupon, was
contented, for his own time, to bind his own hands; to the end the Church
now naked and bare, might receive fome comfort, and have means to provide
things neceffary for their Profelfion and Calling. He thereupon, at hisCoro-
VUt Migna nation made a Charter fo this efFe<ft. Qma Regnum oppreffum erat injujiis exaitio'
CDiita,c.i. mbhs, etfo.in RefpeEluDei^ a>nore quern erga vos omnes habeo, Sanciam Dei Ec-
cleftam imprimis liber am facioy Itaqnodnecvendamy nee ad firmam ponam^ necMor-
" tu'o Archiepifc'opo^ fiVe Epijcopo^ Vel Abbate, aliquid acciptam de Domino EctUjia,
aj'el hominibus ejus, donee Succeffor eam ingrediatHr^ & omnes malas ConfuetudineSy
quibus Regnum AngUa opprimebatury inde aufero.
He committed the laid Ranulph, then Bilbop of Durhab%. to Prilon for his
intolerable Mifdeeds and Injuries to the Church ; Where he lived without love,
and died without pity, faving of thofe that thought it pity he lived fo long.
I will clofe this Se(ftion with a Sentiment of the Imperial Law, touching buyi*
ing and felling.
C. r. J. 3 r; EJ'on pretio, fed preeibus ordinetur Antifies. Tantum ah ambitu debet ejfe fepofitusy
ht quaratur cogendus, rogatus recedat, invitatus ejfugiat, fola ilia fs^ragetttr H'icejfttas
excufandi. Rrofe'Elo enim indignus eft Saeerdotioy nififuerit ordtnatusinvitus,
mo gradum Sacerdotii pretii venahtate mercetur, quantum quifque mereatur, nonqtian-
turn dare fufticiaty aftimetur.
Epifcopus non pretioy fed preeibus ordinandus eft. Gothofrcdus.
— ' '
11. Their of Sitting in Parliament*
THe Spiritual Lords do fit in the King's great Council in Parliament, by the
fame Right that the Temporal Lords do *, and that is by reafon of their
Ancient Baronies. For, although originally, all thePoflellioosofBiQiops, Ab^
bots and Priors were given and holden in Frankalmoigne •, yet, Ihortly after the
Norman Conqueft, their Tenures were altered, vix.. Per Bqroaiamt, as appeareth
by Mathcw Paris, Anno 1070.66. and of that Tenure have continued ever lince,
as (hall beapparented by theConfultationsof Clarendon, in the Reign of Henry
the Second*, byClanvil, and other Authorities,
Ctf.2. inft.j.6. In the Conftitution held at Clarendon, tempore H. 2. Ann. \ 164. Certain Re-
capitulations of the Prerogative of the King and his People, then fought to be
infringed by the Pope and his Clergy *, it is thus expreffed in tihe eleventh Ar-
tide, Archiepifcopi & Epifcopi, & umverfa perfena Regni, qui de Rege tenent in Ca^
pite.
'7 V ,
pu, hsibeian pojfcjfiones fiuis de "Rege fi':ut Raroniam <fr inde refpondcaht Jii^luiariisy
Ore.. R'.'gis Cr ficKt C.tten B^iruncs dcbeant niiereffe Curie Regi-s cum Buio/iiLhs e^ua-
ufque fervematur ad diminuuonem Adembrorum, ■velmortem.
* . . . . ■ 1.
2. GlanvU, the mofl; ancient Writer of the Laws of this Realm now extant, Lik-j.c.i.
hath thefe words Notandim autem, Cjuod nec Epifidpus, nec Abbas quia eorum
Baronia funt de Elcemofy>ia Regis^ cir A'Hcccffhris ejus., non poffunt de Dominicis fuis
aliquam partem dare ad Remanentiam, fine ajfenfu, '& Confirmatione Oomini Regis.
3. M}" third Anthbrity fnall be a notable Record hi the Reign of Henry the
Tiiird and it is this.
Mandatum efi omnibus Ep'jcopu qui Conventuri funt apud Gloceli'rinm die Sabba- Kot.Pat. 18. H.
thiinCrajhno SanSia Kathanna f rnnter inhibendo, quod fitut Baronias jkas (quasde S-z.part.hi.j.
Rege tenent) diligunt, nullo modo p afurnant Conflium tenere de aliquibus qua ad Coro- Prohibitions
nam Regis pertinent, vel qua perjonam Regis, vel Statum fitum, vel Statu.-nConcilii '
fui contwiint. Scituri pro certo quod fi fecerint, Rex inde fe capiet a'd Baronias
fuas.
J - ' ' r . ^ . 1 . .i r '
4. Mr. Cambden in his Britannia tells us, that the two Arch- Bilhops, and all the
Bifhops of England, be Barons of the Kingdom and Parliament, unto whom by
Right and Caltom it appertains,. as to Peers of the Kingdom, to be with the
reft'of the Peers perfonally prefent at all Parliaments whatfoever •, there to con-
fult, to handle, to ordain, decree and determine, in regard of the Baronies
which they hold of the King.For ilUam the firft 'a thing'the Church-men of that
time complained of, but thole in .the Age en fui ng accounted it their gre'ateft
Honour) ordained Bijlwpricks and Abbies, which held Baronies in pure, and perpetual
Alms, and until that time, were free from all Secular Service \ to be under M. litary,
tr Knight-Service ; enrolling every Bijhoprick^ and Abbey at Will and Pleafure, and
appointing how many Soldiers he would have every one of them to find for him and bis ^
Succefjors, in the time of Hoftility and War. From that time, ever lince f fays he)
thofe Ecclefiaftical Perfons enjoyed all the Ifrimuhitfes that Barons of the King-
dom did, faving only they were not to be judged by their Peers.
5. Sir Edward Coke, in feveral places of his Works, afferts, that the Bjfhops of co.2.ull.ffy^
England have been founded by the Kings of England, and do hold of the Kin| s^s-co.Lit.py.
by Barony, and have been all called by Writ to the Court of Parliamen't, and
are Lords of Parliament.
To what has bedn faid ih the proof of fhe Bifhops Right of fitting in Parlia-
ment, this may be added-. That it appeareth by all ancient Writei^' of our Judgt toadtid^
Laws and Hiftories, thattheArch-Billiops and Bifhops of the Realm, in the an- m his Treatiie
tient Saxons days -, as well during the time that this Realm was divided into di- Nobility
vers Kingdoms, as alfo after the uniting of them into one Monarchy, wcrecaf- rombyTen^^
led to the Parliament, or AlTembly of States or Wife Men ; not fo nibch in re- '
fpeft of their Tenure for," in thofe days all their Tenures were f as is faid be-
foic) hy Fyankjilmdigne: but efpecially for that Laws and Counfels of Men'are
then mofl currant and cornmendable, and have a more blelTcd iflue and fuccefs^
when they are grounded ujpon the fear of God, the Root and Beginning of all
true Wifdom. And therefore our wife and Religious Anceftors called fo their
General Council, or Witten Aynote, or Court of Wifdom (as they called itl
thofe chief and principal Perfons of the Clergy which, by their Place and
Profeffion, by their Gravities, Learning and Wifdom, might belladvife what
was the Law of God''s acceptable Will and Pleafure, that they might frame'
their Humane Laws anfwerable -, or, at leafl, not contrary arid repugnant
chereunro;
F,
if
[ -8 ]
To Second Judge Dodrid/e in the Probation of our Bifhops fitting in the Afi.
fembly of States, or Wife Men, before the Conquell, 1 (hall offer thcfeAotho-
rities following.
At a Parliament holden by King Anno Domini 727. the Statutes began
thus *, Ego Inas Dei beneficio Rex, fuafa & JnftitHto Cenredi fatris mei, Hedd<t &
Erkenxvaldi Epifcoporunt meorum, ommnm Semtornm meornm C^c.
The Conclufion of the Parliament holden, Ann. g\o. hy King Athflfian, at
Grately, was thus. AH this was enabled in the great Synod *, whereat was the Arch'
BijhopWolkhclmQ, with all the Noble Aden, and Wife men, which King Mhtldian
called together. Co. Lit. iio. a. Co. 2. Inf. 263.
King Edovard, nnd Phlegmond o^ Canterbury., aflembled a great
Council of Bilhops, and other faithful People, &c. Matth. Wefim. Lib. i.
fttb Ann. 905.
Ingulphus, who died before nop. faith: Rex Eldvedus convocavit Magnates
Epifcopos, Proceres Optimates ad traPtandum de publicis negotiis Regni: Co. 4. Jnfi.
/.3.
The Reader may fee more of this matter in the Preface of the Ninth Part of
Coke\ Reports.
1 ]. (2^k of making '^TroxieSy lehenfoeyer Q^ejlion is had
of the Attainder of any ^eer,
IT appears by our Books of Law, that ever when Queftion is had of any At-
tainder of any Peer in Parliament, they depart the Higher Houfe, and make
their Procurators. For, by the Decrees of the Church, they may not be Judges
of Life and Death.
In the tenth Year of Edward the Fourth, it is faid by Littleton *, Quantum
Seignior efiindiB, &c. Ceo ferra mand en le Parliament, & tale Seignior, Senef-
challd^Anglete'rre lay mitta as Refpons & il dirra de Rieu culpable Cr ceo ferra trie per
pares fuos, &c. donques les Seignieurs Spirituels , que ne poiem cetfent al mort de
home, ferrount un Procurator en le Parliament.
When aLordisindiPied, it jhallbe returned into Parliament, and there the Steward
o/England jhall put him toanfwer, and he Jhall fay. Not Guilty and this Jhall be
tried by his Peers : and then the Lords Spiritual, who may not confent to the death of a-
ny Man, Jhall make their Procurators in Parliament.
Stamford, in his Pleas of the Crown, informeth us *, QueEvefque neountHeu
enParliament enRefpePt de lour nobilitie, mes enrefpeti de lour Pojfeffion Van-
tient Baronies annexes a lour Dignities. And he furthet fays, that a Peer indiifted
of Treafon or Felony, may, if the King pleafe, be arraigned of it in Parlia-
ment: and then the Lords Spiritual lhall make a Procurator for them. Eo que
per le Canonic all Leges, ilsmefmesne doint condemner afuma Mort.
Mr.
Mr. }ufl:ice Dod'idie, on the Conftitution of CUrenden of Henry the Second,
before-mentioned, tells us thus. Here wc fee ( fays he) the Prefence of the Bi-
ftops in the Parliament in refped of their Baronies: QuoHfyne prvenmur ad
dimwHtionem, &c. For ever unto our times, when Qncftion is had of any At-
tainder of any Peer in Parliament, they depart the Higher Houfe, and rtiake
their Procurators, nde^ His Treatife of the Barons of the Realm.
A Peer of the Realm ffays Ccke) being indided of Treafonor Felony, ©r of
Mifprifion, and duly tranfmitted to the Lords, may be arraigned thereof in the
Upper Houfe of Parliament *, but then there mull: be appointed a Steward of
England^ who ihall put him to anfwer. And if he plead, NotGuUty, he fhaij
be tryed per Pares faos •, and then the Lords Spiritual mull withdraw, and make
their Proxies.
I
Again, fays Coke, A Peer of the Realm, being indided of Treafon, or Fe-
lony, or Mifprifion of Treafon, may be arraigned thereof in Parliament, a
Lord Steward being appointed: and then the Lords Spiritual laall make a Pro-
curator for them.
By thele four Authors, Littleton, Stamford, Dodridge and Coke Ton whole
Sleeve I Ihould as foon pin my Faith, as upon any four Lawyers, fa r ous in th-. ir
Profeflion, lince my lirft Admittance into an Inns of Court •,) it is aficrted,
that the Prelates, upon their withdrawing in Capital Cafes, have a Right to
make their Procurators. They depart theHoule, not by vertue of any Rule at
the Common Law, but in vertue of an old Ecdefialtkal Canon. They make
their Proxies, not as they are Spiritual Perfons, but in relpedt of their Tern-
poral Baronies. To be fhort. If I ihould hear, that the Opinion of thefe
four molt eminent Lawyers is over-ruled by our ^ges, by vertue of that Spell
called Error Temporis, it will caft me undoubtedly, not into an Admiration, but
anExtafie.
14. Statutes whre made Without them.'
ALthough the Bilhops have a Right of fitting in Parliament, and ought al-
ways to be called to that great Council, yet Statutes have been good with-
out their Lordlhips. And that in three feveral Cafes.
1. If they voluntarily abfent themfelves, then may the King, the Nobles
and Commons make an Ad of Parliament without them. As, where any
Offender is to be attainted of High Treafon, or Felony, and the Bilhops ablent
themfelves, and the Ad proceed, the Ad is good and perfed.
/
2. If they be prefent, and refufe to give any Voices, and the /^d proceed •,
the Ad of Parliament is good without them.
3. Where the Voices in Parliament ought to be ablblute, either in the Aflir-
mative or Negative, and they give their Voices with Limitation or Condition,
and the Acl: proceeds •, the Ad is good, for their Conditional Voices are no
Voices. Examples for thefe Particulars the Reader may find in Celt's 2. Jnjir.fi'
585, 588.
Note
[ 20 ]
Note, Albeit Statutes have been made without theBifhops, yet they are ac-
counted one of the Eftates of Parliament .• as it appears by my Lord Coke, in
the very beginning o-f the fourth Part of his Inftitutes. But it is pretended
by fome, that they are not; for if they were, then fhould they difcufs Mat-
ters feparately, by themfeives, from the other Lords, as the Commons now
do. . . . , ,
I deny the Confequence •, for our Books tell us •, That, at the firfl:, both
Hoiifes fate together. Pray, how many Eftates were they then ? If it be
anfwered, that there were but two ^ why? then thisihews that two Eftates
may difcufs Matters together, both in one and the fame Houfe.
I 5. Their Tri vilegeSj as they are Lords of Parliament,
THc Bifhops, in the Right of their Temporal Baronies, do enjoy all thelm«
munities that the Nobility, and Peers of Parliament do ; laving only,
tliey are not to be judged by their Peers. And the reafon of this is, becaufe the
Bifhops cannot pals, in like Cafes, upon theTryal of any other of the Peers j
for that they are prohibited by the Canons of the Church, to be Judges of Life
and Death. And reafon would, that the other Peers Ihould not try them : for
this Tryal fhould be mutual, for as much as it is performed upon their Ho-
nours, without any Oath taken.
Now, the Privileges that the Bifliops claim, as Peers of the Realm are luch
as thefe following.
I . The Perfon of aBilhop ftiallnotbcarxcfted, inOebt, orTrefpafs, by his
Body.
2. If a Biftiop be Demancjant, or Plaintiff; Tenant, or Defendant, there.
muft be a Knight returned of hi^ Jury, or el fe the Array may be quaflied.
3. Arch-Bifbops and Bifhops are not bound to attend Leets, nor to take the
Oath there adminiftred. ,i ,
4. A Day of Grace is never granted, where a Bifnop is Tenant or Defen-
dant.
5. IfaBifhopbe Defendant in Star-Chamber, or Court of Chancery, aS«^-
pasna fhall not be awarded •, but a Letter from the Lord Chancellor, or Lord
Keeper, in lieu thereof.
I
6. Every Arch Bifhop or Biihop coming to the King at his Commandment,
and pairing by any of the King's Forefts, may hunt and kill one or two of the
King's Deer.
7. If a Bifliop be Party to a Suit, and would be eflbigncd 5 he that cafts the
Effoigne out, muft put in Sureties to prove the Caufe. Which is not ufu?,l in
the Cafe of a Common Perfon.
• 8. If
[ 21 ]
8. iFaPlalntiiTrecover againftaBifhbp, in an Action of Debt, or Trerp{?rSj
upon fiich a Plea pleaded by him, or other Default in him ^ lo that ine there,
by doth grow to the King, and thereupon a Capias p o Ftne iilueth out againft
him \ this lhall hot prejadicethe Bifhop, To as the Plaintiff may tliereby take ad-
vantage by Prayer, that the Billiop lhall abide in Execution. &c.
9. Whereas by a Statute made in ^2.//. 8 c 16. it is enaded, that the Sub-
jeds of the Realm (hall hot keep in their Families, . or Houfes, above the number
of four Strangers born^ neverthelels, by a Provifo in the laid Adt, every
Lord of Parliament hath his Privilege allowed unto him, to keep in his Family
the number of fix Strangers born : anything in that Ad to the contrary hoc- ■
withftandihg.
f • . r? r ^
10. By the Statute of \. c. 34. If any Perfon lhall divulge fallc Tales
of any of the Lords of Parliament, by which Diflcntion may be betwixt the
Commons and them, the Offender is to be imprifoned until he bring forth the
Author.
In brief;, My Lords, the Bilhops (as'tis faid before; may challenge a Fruiti-
on of all the Privileges, in virtue of their Baronies, that the Lords remporal
cart by virtue of theirs \ faving only, the Bilhops cannot be tryed by their
Peers. Which manner of Tryal was (as I am informed; brought into this
Realm by IfilUam the Conqueror, being anfwerable to the Norman and French
Laws, and agreeable to theCultomsFf*^/.*/; where almoft ail the Controvcr-
lies arifing between the Sovereign and his Vaflal are tryed, per JniidHm tarmrn
fllOTHm, ■ '
■ ■ . i ^ ^ r > r
i 6. n^eir ^rccedencji
pir EdveardCohc^ treating on the Statute of the thirty brft of //r«7 the Eighth;
O c. 10. concerning the Pfededency of the King's great Officers, hath theft
fame words.
And firfif for the Lords Spiritual (xvho fit in Parliament on the Kin£s Hjm£) lujfJgt
dihoti^ themfelves,
1. TheArch Btpopof Canterbury.'
2. The Arch-Bifhop bf YOrk en the fame fbrfHi
J. the Bijhop of London.
The Bijhop of Dnthzth.
5. The Bipop of Wmche&er.
^And then all the other Bijljops of both Prb'vinces fhaH fitj aftd be placed after their
Antientiesy as before this AH was accufiemed. -
[ " ]
But hAving regard to the Lords, and Noble Peers of the Realm, both the Arch-Bi-
Jljops have place above all the great Officers and NobUity in Parliament, Council and
Commifftons, faving in the Star'Chamber, the Lord Chancellor, or Lord Keeper hath
the Precedency of them. But the other Bijhops have place above all the Barons of the
Realm-, becaufe they hold their BifliMricks of the King, per Baroniatn *, but they give
place to recounts. Earls, Marqueffes and Dukes. '
Note, that in the penning of all Ads of Parliament, the Lords Spiritual
have the Prefeance of ^e Lords Temporal.
And this (hall fuffice for the placing of the Lords Spiritual in Parliament, c^c.
according to Sir Edward Coke. I will offer fomething out of Mr. Seagar, the
famous Herauld, touching Prefeance in Provincial Aflemblies and elfewherc.
When the Arch-Bilhop of Canterbury fitteth in his Provincial Affembly, he
hath on his Right Hand the Arch-Bifhop of Tork^, and next unto him the Biftop
t)f Winchefier and on the Left Hand the Bifhop of London. But if it fall out,
that the Arch-Bifhop of Canterbury be not there, by the Vacation of his See
then the Arch-Bifhop of is to take his place .• whoadmitteth the Bifhop
of London on his Right Hand, and the Bifliop of Winchefier to his Left; the
reft fitting as they are Elders by Confecration. C. Lib. 4. c. 24. Of Honours Mi-
litary and Civil.
A Bifhop muft do Reverence unto his Father at home but, being in the
Church, the father fhall follow him.
Between two Equals, he thatisin bis own Jurifdidion fhall precede. As
if an Arch Bifhop do come into a Diocefs of a Bifhop notwithftanding he is
a Perfon of more Dignity, yet ought he give Honour unto the Bifhop, becaufe
his Prefence doth not cancel his Authority. C Lib. 4. c, 24. Of Honour, Mili-
tary and Civil.
17. TIjeir Excommunications.
Excommunication (that is, the greatefl Judgment upon Earth, being that
which is ratified in Heaven) will be the better underftood by thefe Parti-
cularities.
1. Its Definition.
2. Its Divifion.
3. The Writs that belong to it. '
4. By whom it ought to he cerified.
5. The Power of it in a Chriftian Church.
Firit,
V
_ [ ^5 ]
Firft, Its Oifaitwn.
Excommunication is thus defined by Pamrmitan ; Excommunicatio efi nihil all. co.Lit 112 b'
Rrf, ^Uiim Cenfura a Canone, P'eljHclice Ecclefiaflico polata, (j- infltBa^ privans
ie^uima Comnnmione SacrammtorHm, & quandoqiie Homimm.
Secondly, Its Divijion.
This Excomrauriication thus defined by the Canonilt, is twofold • it i<? pJ ; % - ' r
ther LelTer, or Greater. '
<«
V The Lefler is, Per quam quU a Sacramentorum participatione Confciemid vel
Sententia arcetnr. '
The Greater Excommunication is that which, Nan folhma Sacramentorum
iterum etiam fidelium Commmione excludity & ab omni aU:n legitimo feparat Qfr divi-
dit.
Either of thefe difableth the Party to fue any Adion in the Kin<^s Conrts:
And yet our Books tell us, that every Excommunication difabletli not the
Party.
As forExaniple, If Bailiffs and Commons, or any other Corporation aagre
gate of many, bring an Aftion, Excommengemern in the Bailiffs, fhallnot dif- hix'ua^
able them, for that they fue and anfwer by Attourney: otherwife' it is Of a fole
Corporation.
But if Executors or Adrainiftrators be excommunicated, they may be dif
abled •, becaufe they which converfe with a Perfon excommunicate are ex^
communicate alfo. *
If a Bifhop be Defendant, an Excommunication by the fame BifhoD aeainff
the Plaintiff, fhall not difable hinr: and it fhall be intended for the fame Caufp
if another be not (hewed. '
Thirdly, TTjc feveral IVrits that belong ts) it.
There are three forts of Writs appertaining to Excommunications.
The one is called Excommmicato Capiendo.
Another named. Excommunicato Deliberando.
The Third is ftyled. Excommunicato Recipiendo.
Excommunicato Capiendo, is a Writ direfted to the Sheriff^ for the Apprehen-
(ion of him that ftandeth obftinately excommunicated for forty days. For,
fuchaone, notfeeking hisAbfolution, hath, or may have his Contempt certt-
fied, or fignified into the Chancery: whence ifluefh this Writ, for the laying
of him up, without Bail or Mainprize, until he coafbrm himfelf.
\
c h]
• lid when he is'jullified, and hath made Agreement, then the Bifhop (hall
fend his Letters to the King, tcftifying the lame : andtlien it lhall becommam
ckd to the SherilF, to deliver liim by a Writ called Excommunicato Delihc'
rando.
But if the PeiTon excommunicated, and for hisObftinaty being committed to
Pnfon, beiinlawfully delivered thence, before he has given Caution to obey
the Authority of the Church * then he is commanded to be fought for, and
laid up again by a Writ, called ExcommunicAto Recifiendo.
a.7jnji.62^. My Lord Cokf tells us, that if a Man be excommunicated, and offer to obey,
and perform the Sentence, and tlie Bifhop refufcs to accept it, and to affoil
hinii he lhall have a Writ to the Bilhop, requiring him, upon performance of
the Sentence^ to allbil him, &c. And allb the Party grieved may have his A-
(ftion, upon his Cafe, agninfi: the Bilhoj), in like manner as he may, when the
Biibop doth excommunicate him for a matter which belongeth not to Ecclefia-
ftical Cognizance. Alfo, the Bifhop in thoic Cafes may be.indicted at the Suit
of the King.
Fourthly, By whom Excommunication ought to he certified.
co.Lit. ii4.a. It; is declared in our Books, that none can certifie Excommengement, but
ii.£.4- 15-10. Bilhbp, unlefs the Bifhop be beyond Sea, or inRemotu, or one that
H.6.X 7.1 i-H. ordinary Jurifdiftion, and is Immediate Ofhcer to the King's Courts. As
the Arch-Dcacon of Richmond, or the Dean and Chapter in time of Vaca-
tton.
11.H.4 62. But in antient time every Official or CommifTary might teftifie Excommenge-
mcnt in the King's Court 5 and for the mifchief that enfued thereupon, it was
ordained by the King in Parliament, that none Ihould teftifie Excommengement,
but the Bilhop only.
If a Blihop certifie, that another Bifhop hgth certified him, that the Party
which is his Dioceian, is excommunicated; this Certificate uponanothers Re-
port is not fufficient.
X4.E.3. fjtwm. If the Bifhop certifieth the Excommunication under Seal, albeit hodieth, yet
I. the Certificate fhailfcrve.
And it is to be obferved, thatat the Common Law, a Certificate of theBb
28.£.3-97. 14. whereupon a Signlficavif, that is, a Writ De Excommunicato Capiendo,
was to be granted, ought to exprefs the Caufe and the Suit agalnft the Party,
efpecially in the Certificate.
But it may be queried whether an Excommunication, and Certificate thereof,
by any Foreign Power, can difable the Party ?
i6.E.^. Excom. It is anfvvered, that if the Bifhop of Rome, or any other, having Foreign
4. 4.h.7'»5' Authority, doth excommunicate any Subjedt of this Realm, and certifieth fo
iz.£.4.i5. under his Seal of Lead ; this (hall not difable the Party : For the Common
Law difallows all Ads done indifability of any Subjedof this Realm, by any
Foreign Power out of the Realm, as things not Autheniick. Whereof the
Judges fhould give Allowance,
Fifthly,
[ ^5 ]
Fifthly, The Power of ExcommmicAtion in a ChriJliAn Church.
\
A moft Learned Dodior of our Church, that he may give the Church her
due, and-Ct/i<r his, afllrts, and proves thefe Particulars.
Firft, That under the Gofpel there is a Power in the Officers of the Church,
by virtue of Divine Inllituticn, to exclude any Offenders out of the Chrittian
Society, tor tranfgreffing the Laws of it.
The Second, That this Power doth remain formally in the Church, after its
being incorporated into the Commonwealth.
The Third, That after the Churches being incorporated into the Common-
wealth, the Right of Supreme Management of this Power, in an External way,
doth fall into the Magiftrates Hands; confifting in thefe four things.
1. A Right of prefcribing Laws for the Management of Church-Cenfures.
2. A Right of bounding the manner of Proceeding inCenfures-, that in a
fettled Chriftian State, Matters of fo great weight be not left to the Arbitrary
Pleafureof any Church-Officers.
5. TheRight of adding Temporal and Civil Sandtions to Church Cenfures.
and fo inforcing the Spiritual Weapons of the Church with the more keen and
lharp ones of the Civil State.
/ »
4. To the Magiftrate belongs the Right of Appeals, in cafe of unjuft Gen-
fure.
So that the Sum of all that has been faid is this; That though the Magiftrate
hath the main care of ordering things in the Church, yk fthe Magiftrates
Power being Cumulative, and not Privative) the Church and her Officers retain
the Fundamental Right of inflidingCehfures on Offenders.
Thus much concerning the Superior Clergy *, containing the Arch-Biffiops^'
and Biffibps; I come now to treat of the Inferior Clergy •, under which arei
comprehended. Deans, Arch-Deacons, Parfons, Vicars,' Prebends and Chap-
lains.
1
i
■ e
c , ^/
G ^ Secondly;
6'^7
c h]
/.ndwhen he is juilified, and hath made Agreement, then the Bilhop fhall
fend his Letters to the King, tcftifying the (aine ; andthen it lhall becommam
did to the Sheriir, to deliver him by a Writ called Excommunicato Delibe-
rando.
But if the PeiTon excommunicated, and for his Obftinacy being committed to
Prifon, bennlawfully delivered thence, before he has given Caution to obey
the Authority of the Church ; then he is commanded to be fought for, and
laid up again by a Writ, called Excommunicato Reddendo.
a.2.inft.62^. My Lord Cokf tells us, that if a Man be excommunicated, and offer to obey,
'' and perform the Sentence, and the Bilhop refufcs to accept it, and to alfoil
him:, he lhall have a Writ to the Bilhop, requiring him, upon performance of
the Sentence^ to ailbil him, &c. And allb the Party grieved may have hi5 A-
(Hiion, upon his Cafe, agninft the Bilhop, in like manner as he may, when the
Bifhop doth excommunicate him for a matter which belongeth not to Ecclefia-
ftical Cognizance. Alfo, the Bifhop in ihofe Cafes may be,indicted at the Suit
of the King.
Fourthly, Bjf whom Excommun 'tcation ought to he certijitd.
co.Lit. It is declared in our Books, that none can certifie Excommengement, but
i2.£.4- 15.20. Bifhbp, unlefs the Bifhop be beyond Sea, or inRemotis, or one that
R ^17-1 i H. ordinary Jurifdidion, and is Immediate Ofbter to the King's Courts. As
the Arch-Deacon of Richmond^ or the Dean and Chapter in time of Vaca^
tion.
1 i.H.4.62. But in antient time every Official or Commiflary might teftifie Excommenge-
mcnt in the King's Court 5 and for the mifchief that enfued thereupon, it was
ordained by the King in Parliament, that none Ihould teftifie Excommengement,
but the Bilhop only.
i2X.i.Excom. If a Bifhop certifie, that another Bifhop ha^th certified him, that the Party
29- which is his Diocefan, is excommunicated; this Certificate upon anothers Re-
port is not fufficient. ' '
I4.E.3. fjcMw. If the Bifhop certifieth the Excommunication under Seal, albeit hcdieth, yet
•. the Certificate fhall ferve.
cti.2 inri.6i-i. And it is to be obferved, thatat the Common Law, a Certificate of theBi.
28.£.3.97. 14. whereupon a Significavir, that is, a Writ De Excommunicato Capiendo^
was to be granted, ought to exprefs the Caufe and the Suit againft the Party,
efpecially in the Certificate. '
But it may be queried whether an Excommunication, and Certificate thereof,
by any Foreign Power, can difable the Party ?
i6.E.i. Excom. It is anfvvered, that if the Bifhop of Rome, or any other, having Foreign
4. 4.h.7*is- Authority, doth excommunicate any Subjedl of this Realm, and certifieth fo
I 2.£.4.i 5. under his Seal of Lead ; this (hall not difable the Party ; For the Common
Law difMlows all Adts done indifability of any Suhjedt of this Realm, by any
Foreign Power out of the Realm, as things not Authentick. Whereof the
Judges fhouid give Allowance.
Fifthly,
[ '5 ]
Fifthly, The. Power of Ec^commUnicAtion in a ChriJliAn Church.
\
A moft Learned Uoftor of our Chnrch, that he may give the Church her
due, Rnd-Ca.far his, alTcrts, and proves thefe Particulars.
Firft, That under the Gofpel there is a Power in the Officers of the Church,
by virtue of Divine Inftitution, to exclude any Offenders out of the Chriftian
Society, for tranfgrcffing the Laws of it.
The Second, That this Power doth remain formally in the Church, after its
being incorporated into the Commonwealth.
The Third, That after the Churches being incorporated into the Common-
wealth, the Right of Supreme Management of this Power, in an External way,
doth fall into the Magiftrates Hands; confifting in thefe four things.
- I. A Right of prefcribing Laws for the Management of Church-Cenfures,
2. A Right of bounding the manner of Proceeding in Cenfures •, that in a
fettled Chriftian State, Matters of fo great weight be not left to the Arbitrary
Pleafureof any Church-Officers.
5. TheRight of adding Temporal and Civil Sanctions to Church Cenfures,
and fo inforcing the Spiritual Weapons of the Church with the more keen and
lharp ones of the Civil State.
1 •
4. To the Magiftrate belongs the Right of Appeals, in cafe of unjuft ten^
fure.
So that the Sum of alt that has been laid is this; That though the Magiftrate
hath the main care of ordering things in the Church, yet (the Magiftrates
Power being Cumulative, and not Privative) the Church and her Officers retaia
the Fundamental Right of infliding Cenfures on Offenders.
Thus much concerning the Superior Clergy •, containing the Arch-BiChops^
, and Bilhops; I come now to treat of the Inferior Clergy *, under which are
comprehended. Deans, Arch-Deacons, Parfons, Vicars,' Prebends and Chap-
iains.
\
C =7 ]
SECONDLY,
OF THE
/
INFERIOR
CLERGY-
IT is tt) be known, that of ^iritual Funftions there be three Degrees.-
1. A Fun(5tion which hath a Jurifdidion.
2. A Spiritual Admmiftration with a Cure.
3. They, who have neither Cure, nor Jurifdidion.
• <
Of thefe in their Order.
u
i. of a VmEilon^ which hath a JurifdiHion.
Nder this Rank may be placed Deans and Arch-Deacons,
I. Deans i
Dean, in Latine Decanm-^ which is derived of the Greek Word, Mm, ca.Lit.Q^.£,
that fignifieth Ten; for that he is an Ecciefiaftical Secular Governor, and was
anciently over ten Prebends, or Canons, at the leaft.
Howbeit, in England we ufe to call him a Dean, that is next under the Bi-
Ihop, and Chief of the Chapter, ordinarily in a Cathedral Church, and the
relt of the Society, or Corporation we call the Chapter.
Now,
AH
[=8]
co.Llt.9^.a. Now, Of Chapters there be in our Law two kinds, viz.. The Antienti
and the Latter.
And the Latter be of two forts.
1, Thofe which were tranflated or founded by King kenry the Eighth, in ^
place of Abbots and Covents, or Priors and Cov'ents; which were Chapters
whilft they ftood: and thefe are new CJiapeers to old Bilhopricks.
2. Where the Bilhoprick was newly founded by He>7ry the Eighth (as Cheficry
and Bripw, &c.) there the Chapters are alfo new.
There is a great Diverfity between the coming in of the Antient Deans and
the New.
For, the Antient come in in much like fort as Bilhops do. For they are
chofen by the Chapiter, by a Co^ne de EJlier, as Bilhops be j and the King giv-
ihg his Royal Alfent, they are confirmed by the Bilhop. But they which are
either newly tranflated, or founded, are Donative; and by the King's Letters
Patents are inflalled.
Note, The Word Dean is alfo applied to divers, that are the Chief of cer-
tain peculiar Churciies orChappels. As,
The Dean of the Ring's Chappel.
The Dean of the Arches.
T he Dean of St. Chappel in
The Dean of Backing in Efex.
The Corporation, confifting of Dean andCh^ter, they may joyntly put-
chafe Lands and Tenements to the ufe of their Cnurch and Succeflbrs. And e-
very one feverally, likewife may purchafe, to the ufe of himfeif, and his
Heirs.
ce.Lic. j42.tf. Grants at this day, made by a Dean and Chapter, or any other, having a-
ny Spiritual or Ecclefiaftical Living, are reftrained by Aft of Parliament •, lb
as they cannot grant any Rent-Charge, or make any Alienation, or any Lea-
fes, to bind their Succeflbrs, other than for Term of twenty one Years, or
three Lives in Polleflion ^ whereupon the accuftomed Rent, or more, fliall be
referved.
4. .^rch-DeAcons.
Arch-Deacons, in Latine, Archi-Deacanus'y and in Greek,
v©.', ex i. e, Pfincefs & AidcyovQ-y i e. Minifter) is Ryled, Ochlm
Ep'fcoft. Whofe Court is to be holden (as is faid before) where, and in what
places, he either by Prefcription, or Compofition, hath Jurifdiftion in Spiri-
tual Caufes, within his Arch-Deaconry. And from him the Appeal is to be
Diocelan.
Hol^rti Kt refolved, that if a Suit be before an Arch-Deacon, whereof, by
Hunon'i Cafe, the Statute of the twenty third of Henry the Eighth, the Ordinary may licenfe
the
c
C 29 J . , ,
theSui.Ltoan higher Court •, thatthe Arch-Deacon cannot in fuch Cafe bavvik
hisOrdinai-y, and,fend theCaufe immediately into the Arches- For, he hath
no power to give a Court, but to remit his own Court, and to leave it to the
next. For, lince his Power was derived from the Biihop, to whom he is fub-
ordinate, he mufl: yield it to him, of whom he received it. And it was laid,
that fo it had been ruled heretofore.
2. Of a Spiritual Admimftration with a Cure,
j^JNder this Form t place Farfons and Vicars.
i. Parfo/js.
Parlori, in Legal Signification, is taken for the Rector of a Church ParOf
thial *, and is called Pe^ona Ecclejla, becaufe he aflTumeth, and taketh upon hipi
the Parfon of the Chui^ ^ and is laid to be fiezed in Jure Eccle/it^. And the
Law had an excellent end herein, viz.- That in his, Perfon the Church might
fiie for, and defend her Right *, and alfo, be fued by any that had an elder and
better Right. And when the Cnurch is full, it is faid to be. Plena & Confulta,
of fuch a one Parfon thereof i that is, full, and provMed of a Parfon that may,
Plcem, fen ferfonam^jus ^erere.
Perfonalmperfonata, Parlbh Iniperlbnate, is the Redor that is in PoCefiion of
the Church Parochial, be it Prefentative or Impropriate and of whom the
Church is full.
. To every .Church-Prefentative there is a Patroi^: and it is he that hath the
Advowfon of" a Parfonage, belonging to his Manhpur, or otherwife in Grofs^
and thereby may or ought to give the fame Benefice, or prefent thereto, when
and as often as it falleth void. And that is in cafe of Death, .Refignation, De-
iM-ivation, drSefTioa ii as by taking a Benefice incompatible- And this be-
mg Patron, had beginning, for the moft part,' by one of thefe three ways
namely^
Either, by redfon of the Foundation; for that the Patron, or his Anceftors, 'cs
or thofe, from whom he claims, were Founders, or Builders of the Church.
. Or, By redfon of Don^oh for tMt they did endow, or give Lands to the
fame, for maintenance thereof.
Or eile. By reafon of the Ground \ h'ecaufe the Church was let, or buildcd up-
on their Soil.
And many times by realbn of them all three.
i: 30]
Ftears.
For the beginning of Vicaridges; the difference betwixt aVlcaridge, and
an Advowfon, and the feveral forts of Vicaridges, I refer my Reader to Da-
vy's Reports^ f. 83. a. & Cro. 2. p.f. 518. and I fhall only give him fome little
Information concerning^ Vicaridges, by fhewing him fomewhatof Impropria-
tions.
Impropriations, or Appropriations, were (fays my Author ) when thofe
Houfes of the Romifh Religion, and thofe Religious Perfons ^ as Abbots, Pri-
brs and fuch like, had the Advowfon of any Parfonage to them, and to their
Succellbrs ^ and obtained Licenfe of the Pope, and of the Ordinary, and King,
that they themfclves, and their Succeffors, from thenceforth, fhould be Par-
Ions there .• and that it lhall be from thenceforth a Vicaridge, and that the Vi-
car fhould ferve the Cure.*
And fo at the beginning. Appropriations were made only to thofe Perfbns
Spiritual that could adminifter the Sacraments, and fay Divine Service. As,
Abbots, Priors, Deaas, and fuch like.
After, by little and little, they were enlarged, and made to others •, As
namely, to a Dean and Chapter^ which is a l^dy Corporate, confifting of
many : which Body together could not fay Divine Service.
And, which was more y To Nuns, that were Priorcffes of fbme Nunnery ;
which was a wicked thing. In fo much as they could neither adminifter Sacra-'
ments, nor preach, nor fay Divine Service to tlieParifhioners.
And all this was for pretence of Hofpitality, and maintinance thereof. And,
to fupply thefe defefts, a Vicar was devifed ; who fhould be Deputy to the
Priors, or to the Dean and Chapter; and alfo, at the fail, to the laid Abbots,
and others, to fay Divine Service: and fhould have for his labour but a little
Portion \ and they, to whom the Appropriations were made, fhould retain the
greater Revenues, and they did nothing for it. By means whereof Hofpita-
lity decayed in the place where it ought to have been chiefly maintained; name-
ly, in the Par ifn where the Benefice was, and where the Profits did grow. And
fo it continues to this day; to the great hinderancc of Learning, to the Impo-
verifhment of the Miniftery, and to the Infamy of the Gofpel, and Profcflbrs
thereof.
\
To this Learning of Impropriations^ I flialladd the very words of him, that
was the Glory of his Age and Nation.
Lord Bmiu 'In mine Opmian, and Senfe (fays he) I mufl confefs (let me Jfeak^it xvith Reve-
rence) that alt the Parliaments^ fince the twenty feventh and thirty firft of Henry the
Eighth (who gave away Impropriations from the Church) feem to me to fiandy in d
forty obnoxiousy and obliged toGody' inConfcience, to do fomewhat for the Church-y
to reduce the Patrimony thereof to a Competency. Fory ftnce they have debarred Chrifis
Wife of a great part of her Dowryy it were reafon they made her a competent Joyn'
thro. " - '
Thus
[ 3' ]
• 1 _ ^
Thus much for jwor Vicars. I go on to the third degree of SpL iia;d Fun-
dions, containing Prebendaries and Caplains.
u
5. Of thofs who have neither Cure^ nor JurifdlHrn.
Nder this fame Order! fet Prebendaries, and Chaplains!
1. Prehendarksi
1 T
Prebend j and Prebendary are Terms often, ufed b our Books.- and they
come of the Latine {jPrabeoJ}
*
Prebend is that Portion, which every Member, or Canon of a Cathedral
Church receiveth in the Right of his Place, for his Maintenance.
/
And Prebendary is he that hath fuch a Prebend.
It is refoived, thataLay-ManmaybeprefentcdtbaPfebend ; For, Nonhn co.Ub.'i.eaft
bet cur am animarum. And it isfaid in our Books, that the Biihop is Patron and Dm&
Ordinary of every Prebend for all the Poflelfions of Prebends were at the firft, ^ ^
theBilhops; and, Demerojure, pertain to the Bilhops. itidoxj ^.
2. K^hatiAms.
- Chaplain is he that performeth divirie Service in a Chappel; and therefore
is commonly ufed for iiim that dependeth upon the King, or other Man of
worth, for the Inftruftion of him and his Family, the Reading of Prayers, and
preachbg in his private Houfe ; where ufually they have a Chappel for" that
purpofe.
' And for that they are retained by Letters under the Seal of their Patron, bid
thbeby, by Intendment, are to berefident withthemthe Law hath therefore
given liberty for their Non Refidence upon their Beneficed
If an Earl, or Baroti retaineth a Chaplain, and before his Advancement, be
attainted of Treafon, there the Reteiner is determined. And after the Attairi-
der, fuclrChaplain cannot take a fecond Benefice y becaufe he that is attainted,'
is, by his Attainder, a dead Perfon in Law. . - . .
The Wife of a Baron, during the Coverture, cannot retain a" Chaplain y
yet, when a BaronnefsWiddow retaineth one, or two, according to the Pro-
vifo oftlie Statute of thetwenty firft ofthe Eighth", c. 13. the Retainer is'
the Principal matter: and as long as the Retainer is in force, and the Barronnefs
continuetha Baronnefs, the Chaplains may well take two'Benefices by the ex-,
prcfs Letter of the Statute y for it fufticetli, if at" the time of the Retainer, thef.
Baronheii^
t 5= ]
BaroMefs were a Widdow. And httein this Rule is to be obferved of a Wo-
man that attaineth Nobility by Marriage. As, by Marriage of a Duke, Earl,
ox Baron, &c. For, in fuch cafe, if ihe afterward marry under the Degree of
Nobility, by fuch Marriage with one that is not Noble, Ihelofeth her Dignity,
whereunto Ihc had attained by Marriage. And after fuch latter Marriage, the
power to retain a Chaplain is determined.
/
But otherwile it is, where a Woman is Noble by Defcent: For there her
Retainer, before or after the Marriage with one that is not Noble, lhall be in
force, and is not countermanded by the Marriage, nor determined by her tak-
ing of a Husband under her Degree. Coke, lik. a^. fol. ii8, up. AClcn-i
Cafe.
If a Bidiop be fanflated to an Arch-BiQiop, or a Baron to be created an
Earl, &c. yet, within the Statute of the twenty firll: of Flenry the Eighth, they
can have but only lb many Chaplains as an Arch-Bifhop, or an Earl might have:
for, although he have divers Dignities, yet he is (till but one felf-fame Perfon,
to whom the Attendance and Service ,(hould be done. So, if a Baron be made a
Knight of the Garter, or Lord ^Vatdenof the Cinque Ports, he fhalihave but
three Chapplains in all. Et fie defimilibus.
Thus having given my Reader a brief Account of the Superior and Inferior
Clergy, I (hall conclude my Difcourfe, by Ihewing fome (among many; of the
Privileges and Immunities appertaining to the Ecclefiaftical Hierarchy in Ge-
neral.
Il^e Immunities of the Clergy in General.
THe Kings of England, out of a zeal and defire they had, to grace and ho-
nour their Learned and Godly Clergy, were pleafed to confer on them
feveral Immunities : fuch as thefe following.
1. The Clergy were difcharged of Purveyance for their own proper
Goods. V
2. No Demefne, or proper Court for the necelfary ufe of any Ecclefiafticht
Perfon ought to be taken for the King's Carriage, but they are exempted by
the antient Law of England, from any fuch Carriage.
' '3. If a Man holdeth Lands or Tenements, by realbn whereof, upon Eiedi-
on to ferve in a Temporal Office: If this Man be made an Ecclefiaftical Per-
fbn, within Holy Orders, he ought not to beelefted to any luch Office; And
if he be, he may have the King's Writ for his Difcharge.
4. Ecclefiafticals are not bound to lerve in Peribn at the Wars.
5. All Ecclefiaftical Perlbns ought to be quit, and difcharged of Tolls and
Cuftoms, Avirage, Pontage, Paviage, and the like, for their Ecclefiaftical
Goods and if they be molefted therefore, they have a Writ for their DiC-
charge.
6. If
C 33 ]
If any Ecclefiaflical Perfon be in fear or doubt, that his Goods, or Chattels, Co^e.
or Beafts, or the Goods of his Farmer, &c. fhould be taken by the Minilters
of the King, for the bufinefs of the King, he may purchafe a Protedion, Cum
Claufula Nolumm.
7. Diftrefib (hall not be taken by Sheriffs, or other of the King's Minifters,
in the Inheritance of the Church, wherewith it was antiently endowed.
8. If any Ecclefiaftical Perfon acknowledge a Statute-Merchant, or Statute-
Staple,' or a Recognizance in the nature of a Statute-Staple; his Body fhall not
be taken by force of any Procefs thereupon.
9. If a Perfon be bound in a Recognizance in Chancery, or in any other
Court, and he pay not the Sum at the day ^ by the Common Law, if the Perfon
had nothing but Ecclefiaftical Goods, the Recognizee could not have a Lsvari
facias to the Sheriff, to levy the fame of thefe Goods: but the Writ ought to
be direded to the Bifhop of the Diocefs, toleavy the fame of his Ecclefiaftical
Goods.
10. In AdionbroughtagainftaPerlbnfwhereinaCfp^lieth;) Forexample,
an Account the Sheriff returns, Quod Clericus efi beneficiatus^ nuUum habens Lai-
cum feodum ^ in wluch he may bemmmoned: In this cafe the Plaintiff cannot
have a Capias to the Sheriff to take the Body of the Perlbn *, but he lhall have a
WrittotheBilhop, to cauie the Perfon to come and appear.
11. Ecclefiaftical Perfons are not bound to appear at Tourns, or Views of Marib.e.ioi
Frank-pledge.
12. If any Ecclefiaftical Perfon be amerced f though Amerciaments belong to
the King) yet he lhall not be amerced, inrefpedof his Ecclefiaftical Promotion
or Benefice, butinrefpedof his Lay-Fee.
13. He that is within Holy Orders, hath this Privilege; that albeit he have 7;
had the Privilege of his Clergy for a Felony, he may have his Clergy after-
wards again: and lb cannot a Lay-man.
14. No Clerk within Holy Orders, though he had a knight's Fee, viras com-
pelJable to be Knighted, according to the Statute, De MHitibus of the firft of
Edward the Second.
15. Atthe Common Law, at the firft, the Benefit of the Clergy was not al- HobartV iep.
lowed but to Clerks in holy Orders, Secular and Religious.
16. If any Lay-iiien, with force, and ftrong hand, do enter u^ng^rkeep C0.jnn.i4i
thePoffeffion, either of the Church, orof anyoftheHoufesor Gleb^'^ff. be-
longing thereunto^ the Incumbent, upon Certificate thereof of theBllhop, or
without Certificate, upon his own furmife, may have a Writ to the Sheriff, De
vi Laicaamovenda : By which the Sheriff is commanded in thele words; Pr<ea-
fimus quod omnem Vim Laicam feu armatam^ qua fe tenet indiHa Ecclefta feu domi-
bus eidem annexis., ad pacem nojlram in Com. tuo perturband. fine dilations amoveaSy
& fi quos in hac parte refifientes irrvenerisy eos per Corpora fua attachias & in prifona
nofira falvo CufiodiaSy &c.
17. Ecclefiaftical Livings are faid to be in Abeyance: and this was provided ct.Ut ut tk
by the Providence and Wifdom of the Law. And therefore, no A<ft of a Vi- " . '
ear-Predeceilbr ihould make a diftontinuance, to take away the Entry of his
I Succ^or,
[ !4 ]
Succeffor, and to drive him to a real Adion, whereby he Qiould be deftitute of
•" niaintenance in the mean time.
t8. A general Accufation againfl: aParfon, or Vicar, not good: and there-
fore, in a Qnare Jmpedit againft the Bilhop, it is not a good Pica to alledge that
the Prefentee is a Schifmatick in general •, but, he ought to exprefs Schifm in
particular. But it is otherwife for the putting a Coroner out of his Office; for
there is a general Suggeftion in the Writ, that he is, Perfom mims Idoaea, is e-
nough, and not Traverfable.
" -yj. f-'
cb.Lib.9. Andlaft, Statutes which reflrain Alienation of Ecclefiaftical Livings,
Lib.ii.j.To.a. j-heKing, though not named.
' "I fhall conclude the whole Difcburfe with my hearty Prayer to God Almigh- *
ty *, that he woilldbe pleafcd, always to defend the Church of England againft
the fierce Attempts ot Halting Loyola) and Crook-back'd Hudihras.
iw-V
The one would deftroy her Priefts: The other would devour her Patrimony.
■VP rThe'one would introduce the Pomp of Superftltious Tyranny : The otljiet
would bring in the Mcannefs of Fantaftick Anarchy.
3or;ns:> a .
ho ■■ ,
.r - ■ - 1Q i-.vo; .
.T" ' ' •"•V ojguQiO'—^
V. fiOIiO" L .
f
• ^ 4 . -
Postscript-
jC
"■o~
A.
zo
'.O
POSTSCRIPT
f" a ^He Higheii; and mofl; binding Laws are the Statutes, whiich are cfta-
I blKhed by the King in Parliament; and by Authority of that high-
I eft Court, it has been often times enafted fonly to ihew a tender
-A- care of Holy Church;) That all Ecclefiaftical Perfons (hall enjoy all
their Lawful Rights and Privileges, without any Subftra(ftion,what-
foever, asappeareth by theft Statutes after mentioned, which were but confir-
mations of fuch Rights and Immunities, as the Clergy had long before.
We have granted to God, and by this our preftnt Charter, have confirmed Magna charu.
for us and our Heirs for ever; that the Church of MttgUnd lhall be free, and
fhall have all her whole Rights.
That Holy Church have her Liberties in quietnefs, without interruption or '4 ?. c.i.
difturbance. Vide the lame 25. E.^.c. i. 50. E 3. c. i.
It is accorded and eftablilhed, that Holy Church lhall have and enjoy all her j 2 cu
Rights, Liberties and Franchifes, Wholly, and without bfemiih. the fame
$R.2.C.I. 6,R.2.C.1. 'J. R. 2. C. I. ,S. R. l.C. U i2.
R.2.c.i.
That Holy Church have and enjoy all her Rights, Liberties, and Franchifes, m. c i
entirely, and withoutblemilhing. Vide 2. H. 4. c. i. 4. H. 4. c. i. 7. //. 4. c. i.
9./7.4.C. I. 13./;/.4.C. 1.
That Holy Church have all her Liberties and Franchifes. ~
That Holy Church lhall have and enjoy all their Liberties and Franchifes. ^'
In a word, The Statute of Magna Chana hath been confirmed (as I amtold^ ^ ■ . f. !•
thirty two rimes, and fo have therefore, fay 1, the Rights and Priviledges that
appertain to the Church of England.
With our Kings in Parliament, does concur the Empefor Juflinian in his
Codes.
Privilegia, qua generalibtts CoHfiitutionibas miverfis facrofan^lis Ecdejia Qrtho- j - .
doxa Religionis retro Principes prafiiternnt, firma & ilUbata in perfetmm decerni- * '
mas Cajlodiri.
Stent tpfa ReligiOf & fidei Mater efi perpetaa, itd ejus patrimoniHrn jngiter ferve^
tm iHaf'*'"'
Sow God Almighty give me favour in the Eyes of the Men, that they may
fend back that that is taken away already , and let that alone that yet te-
hiameth.
F1 Tg 1 s.
I
lo'
0
TREAT
E
O F
Matters Beneficiary
B Y
jf ta ^aolo ^arpt.
The Author of the Hiftory of the Council of T^ENT.
Newly Tranflated out of IT A LI AN^ according
to the beft and moft perfed Copy Printed at
Mirandola^ Anno Dom, 1676,
Wherein is Related with the Ground of the Hiftory^
how the Almes of the Faithful were Diftributed
I N T H E
PRIMITIVE CHURCH.
The Particulars whereof the Table fheweth.
mmfmm
LONDON,
Printed by Thomas Hod^kin, and are to be fold by William
Crooky at the Green Dragon, without Temple Darrj
and ^chard Dently, in ^jfel Street, Covent
Garden, i 6 8 o<
I
Y,
May it pleafe your Majefiy,
O give me leave moft humbly to offer unto your Ma-'
jefties perufal, a fmall Tofihumns work, of a poor T/;e-
atine of the Order of Servi newly taught ErigUfhj who
Lived and Dyed in the Communwi of the Church of
yet happily as worthily Qreat, as that or any
' other Age, either before or fince hath produced.
great, for univerfal Learning, for wifdom in Councils, for difcerning
right reafon from Sophiftical-School-quirks, for faithfully recording
Antient ^i/Monuments and cuftoms of the Church, fo that every one that
reads them may fafely fwear, not only to the truth, but to the Im-
partiality of them, being written without refpe^t to this or that
Church in particular, but to Holy CWc/? in general. Great, for found-
nefs of Judgment, for admirable dexterity in fumming up intricate,
wrangling and prevaricating difputes, into fhort perpicuous and pi-
thy Refults : Great alfo, for Hclynefs of Life and Converfation,
contentednefs and moderation of defires, not feeking high things
for himfelf (thereby imitating Chrift himfelf, who when the Multitude
. "Ifould haye taken him hy force to make him a Kjng, withdrew hhnfelf into a
Mountain alone) never altering his Habit, Condition, or Cell, though
efteemed the very Oracle of Venice-, who ftoutly, yet with great
Modefty and Reverence towards his Holy Father the ^ope, defended
the juft Rights of that Wife (l{epuhlick, againft his Flolmefs and all his
Conclaye, to his eternal Honour, confounding all the wits (which
were not few) of that Age by the effort of invincible reafon,fairly
appealing to the Judgment of all the world by his Pen, and at the
end and clofe of the Accommodation, refufing to give it felf
the fatisfadion, though but of words, and efteemed as infignificant
ilie Topes offered for taking away his Cenfures and his Inflrumeiit
T O T H E
KING'S
i MOSTEXCELLENT
M A J E S T
The Epftle Dedicatory.
of Jhjolution, and the Injinmieht fof the delivery of the Trifoners, and
the decree of the Senate for the ^Uitution of the Religions^ Sec. All
wyles and tricks of the (jourt of ^ome granted (Covertly and with
delign to Cajole) unto the Cardinal of JoyeuJe^ which they did not
dare to divulge in formal Copies, but only difperfed under-hand
fome Abridgements of them to Amuie, and cheat the World. He
fo Confounded the Jefuits that that State fo Solemnly Baniflied
them their Dominions, that they were never to be re-admitted, nor
the Decree revoked, unlefs the whole Procefs againft them were
firft read in full Senate, whereof five parts of fix fhould give Suf-
frage for their Revocation : And who, though by the Conftitution
of that Republick, as an Ecclefiaftick could not formally fit in their
Council, yet that State had that Efteem for him, that they fo far
difpenfed, as that he was permitted to fit therein behind a Curtain,
that he might be Mafter of all their Debates and Advifoes, and in
due time and place give his own. I might add mueh more concern-
ing the Articles of his Faith, whereof there are 54 at the end of his Hi-
ftory of the Inquifition^ Publilbed in Latin by Andreas QolVtm, Printed at
^terdam 1651, where he is Stiled Splendor ^ Ornamentum Orhis, the
Glory and Ornament of the World, but I forbear, left under pretence
of an Epijlle Dedicatory, I fhould feem to write an Epitaph. If I have
too far tranfgrelTd already, I can only plead for my excufe, that he
being refted from his Labours, it is but juft, that his good works
fhould follow him, and his praifes celebrated.
This very work of his, though fmall in Dulk, yet very rich in Cargo,
not only for the Excellency, but for the Curiofity 2ind j{arity thereof,
there being nothing Extant fo fitccint, particular and exa6l,for full,
perfect and diftind: information comparable to it, nor fo methodically
declaring their genuine Hiftory and pedigree of their firft Inftitutions
andrigfit ufes, the Alternate Gradations of their rife, growth and de^
viations by which they degenerated into Abules, and feems as if it
were Calculated for the very Lfyrfing Fathers ol Holy Church, of which
your Majefty being the great defender, the Dedication hereof hath fo
juft a pretence to your favourable Acceptance and perufal, that it
would be injurious to your Majefty to doubt thereof. I pray God
guide your Majefty with his Councils,while you Live, and afterwards
receive you to Glory. So Prayeth
lour moU humhle and dutiful
SuhjeSi and Servant^
WILL. DENTON M.D,
THE
PRINTE
T O T H E
R E A D E R
I Think it tny duty to advertife thee, that I have Trmted this fmall Trea-
tife in this large Volume, that it may fuit and he 'Bound with the jiu-
thors other fmaU works, lately Brinted with his Hijlory of the Coun-
cil 0/ Trent, to'tt>hich ere-long I hope more may he added. And the Numbers
of the follotptng Index, relate and Correfpond to the Numbers in the
SMargent of this Edition, as alfo to the Bages in the Italian Copy.
I hope there are no Errata but Litterals, only p. 75. n° 2 2 7,1. 1^. for
ObVerting, read AdVtfmg or Intimating.
A Table or Index of the
A
ABbots, how and by whom Founded and
did increafe, N°. 451 4
emptedfiom the Authority of the Bi-
fjops, but Subject to tbePope^ ^6, gave
themfelves to Temporal Imployments, 47«
Abbiesw^^/c Rich^ 45-
Abufes in the Adminijiration of Goods Eccleftafi-
calj n°. I, 2, not altogether irremediable^ 2. St,
Auguftin's Opinion concerning them^ 2 2.
Annates, orfrft'Fruits^ who Invented them, repu-
ted Grievous, Vniverfally Condemned, I'j^. Ju-
flified by fome, 175, l-jO.
Anfelme, BUhap of Lucca, wrote in favour of the
EleUion of Bijhops, by the Clergy and People of
the Vioc^es, n. 161.
Armes Spiritual, or Excommunication imployed for
the defence of Temporal Pajfeffions, 75.
Afpettative. Exportancies or Reverfions blamed and
refrained, n. 133.
B
BAronius not able toexcufe the diforders of Ec-
clefiajiicks, 11^2. he contends about the in-
tromijjion of Princes, and of the People in the
Eleliion of Popes and BifoopSr 126,
Contents of this Treatife.
Beneficij, their Original and caufe of their name,
V. 45. Antiquity kpew no difiiniiion between Or-
der and Benefice, it being the fame thing to Or
dainandgivea Benefice, -^o. whether of Divine
or Human Right, yd. their dijiindion into Com-
patible and Incompatible, 143. Pluralities, 143,
211. Commendaes, 145?. Unions, 157. their
Refervations to the Pope, 220. Laws made con-
cerning Benefices, 21, 2-), 26, 166,
Beneficed are not the Patrons, but the Adminijha-
tors, n, 2 3 d.
St. Bernard Reprooved the- Court ofRome,about the
Collation of Benefices, Exclaims againji thofe that
illdi/pofe the Revenews, n, 133.
Biihops, their EleSion, called by Anfelm Bifhop
0/Lucca, Popes,2-], do,pi5, i62.theirCare,^2.
made Patrons of Church Goods, 14, 2 5. their pra-
fficef 30.
Bull tf the Pope of fmall EffeU, n, 205. Various
Claufes inferted, n, 18d.
C
f
CAnons, the Original of the flame and their la-
jlitution, n. 66.
Canonifts, and their Sentiments, n,7p. 144, 145,
idi, 223, 227, 228.
a Cardi..
The Table.
Cardinals, their Original from the word Incardi-
nato, n. 52.
Cardinal Gaietan, his Opinion concerning the Go'
vernment of the Revenejvs of Benefices, n. 23^.
Carolo magno Reforms Ecclefiadical matters^n.
5 8. but ill ohferved by his Succejf jr/j n. 61.
Cathedratico, of Bijhops what, n. 44-
Cenfure of the Church how feared, n. 7 5.
Clergie ou^t to Adminifter Ecelefiajiical goods ac-
cording to the Canons, n. 227. they are Majiers
of that which they receive for their Labour, 241.
the Church may not poffefs Stable Goods, n. 14,
15. its Governments wasDemocratical, n. <54.
Church of Pcome receives Donations from all forts
of Perfons, n. 125. Jibe Church 0/ Italy ^Wout
of Italy in a fad Condition, n.73. Chrift the
Head of the Church, andPiXton of the Goods
thereof, n. Sp.
St» Cyprian Complains that the Bijhops l^eep that
which ought to be dijlributed to the poor, and of
' other Abufes^ n. 14.
Coadjutors,and laudable with future Sue-
ceffton,20l. oppofed and defended, prohibited by
the Council of Lrent, n. 202, 211.
Colledtions, to what end, n. 11.
Commendaes good in their Infiitution, n. 14^. their
Abufe, 150. Commendaes for Life, 151. Prohi-
bited by the Council of Trent, 214.. but in vain,
216,
Co\xn(:\h,whenthey began,6iy, <55. ofConftance,
ip4. o/Pavia, ipd. 0/Bafil, ipp, 20^. of
Trent, 210.
Confillory, <^5*
Concordato above the Council of Bafii, n. 204.
of Leo the ioth,207. of Francis the ift, n,20p.
the Obfervance is Interrupted under Henry the 2d,
n. 2op. butinFrance it remained, n.210.
Confufions in the Popedome in the loth Age^ about
Ecelefiajiical Affairs in Italy, n. 72,92.
Contentions of the Pope with the Princes, about
Jnvejiitures, n. 107, 112. of Boniface the 8th,
with Philip the fair, 212.
Court of Rome having acquired plenary Authority,
to difpofe of all Ecelefiajiical Benefices, aimed only
at Money, 158,182.
Conldcnccought to refolve doubtSy n. 243.
D
DEcretal of Gregory the pth, n. 137.
Diforders fprungfrom the Ordinary, with-
out giving Benefice, n. 54* during Schijm,iB2,
184.
Deacons? theirfirji Inlfitutm, by whom ehofen,n.iQ,
infoUotving times, 27.
Difpenfations referved to the Pope, n. 144. Dijfo-
lutions, n. 125.
Dominion of Goods Ecclefiafiic}^, to whom it doth
belong, n. 84.
Donations made to theChurch, n. Bp. without par-
ticularufe, if.infee, f6.
ELe^ions of Bijhops, Priefis, and Deacons, n,
26. the manner of their Eledio ns, 11 J, Arts
to draw EleUions to Rome, 134. Antiently they
did not belong to the Popes,Contrary to the Canons,
x6o.
Epiftles, Suppofititious under the names of Popes,
n. 15. '
Exemptions of Ecclefiajiicks was juji in former
times, n. 18. whether of Divine or Humane right,
7S.
Expedfancies or Reverfions blamed and refrained,
133.
-F
FEuds their name and Original, n. 45. gifts in
Fee to the Church. jS,
Found Goods Ecelefiajiical, n. 11,27.
France, the Kings gave the Bijhopricky, n. 35. the
decree o/Pafchal, 11, forbidding ■ Laicks to Col-
late Benefices, was not received in France, 103'.
the Regalia remain in France, no. theConten-
tions of Boniface 8. Philip the fair, 112,
Difpflfition of Benefices^ 156, 157. St. Lewis
makps /k Pragmatica, 158. EdiH of the Kings
againftthe Rejirves, 185. Oppofition tothofe that
would EreH the Mendicants, 103. they proceeded
againji the Conrt of Komc, 194. Regreflesg?w«
to the Pope only, were'Condemned by the French,
201. Lewis the 2drevokes the Pragmatica,208.
Concordat of Leo the 10th, with Fszncistloe
iff, 207.
Firft-Fruits, 122,
G
GErmany, the Emperors referve a right to give
one Canonjhip in maty Churches, r. 111. re-
fufes to be Subjeti to the Referves, 184. Empc-
ror Conftantine, 17. Carolo magno, 58. Hen-
ry 3. 97. Henry 4. 98. Henry 5. 103. Ottone
Sajfone p^.gL Ottone 9<5. Lothario Safjme, 109.
Leone, 166.
Gratiano Colle&s all that is reptted proper for Papal
Grandeur, n. 137.
St. Gregory refufes to Ordain without the Confent
of the Citizens, n. 29. Exclaims againji thofe
that abufe the Incomes of Benefices. 237.
Goods Ecclefiaiiick^ Antiently difpofed to Pious ufesy
but now otherwife, n. J, 2. their beginning, and
how Adminijired in Chrilis time, 3. under the A-
pojiles. 7. their Foundation, 4. their Lawful
ufe, II, 12. changed by little and little, 14,15.
they did not Confiji at firji in Stable Goods, when
Stable Goods were given to the Clsurch, 16. Con-
fifcated, rejiored, 17. Goods given to the Church
without fpedal Obligation of any particular work^
17. increafed by being Exempted from publicly
Contributions, 18. given with zeal, though faife
and
The Table
and indifcreet^ 20. Larvs remedying their Ahnfe^
21. their increafe, 23. their Antient difiribution
lafied till ^20. 23. after the feparation from the
Empire, it n>ai retained in the Eajiern Church,
25. in the IVejiy theBiJhops became Patrons, 25.
how the Goods were divided, the found of them
(lill remainingundivided,2 liwhether Jure divino
or Humano and who had the Dominion of them,
7 <5. they were not Exempted from common necef-
fjties,! 6 J. few new Acquifitions in thefe times.
243.
I
» XNdulgences, their Injiitution,Abolitiotjby P.Pius
I the •)th, but without Effe^, J pi.
Jefuits, tloeir Injiitution, rich, poor, mixt, 2 44.
Invcflitures, England, after long Contention yield-
eth them to the Pope, n, 108. tak^th away the
Benefices from Roman Courtiers,who in a manner
ingrojfedall, n. 152. Edward the 3d oppofeth
the Referves, 180. the Emperor renounceth the
Referves, 105. Contentions about them in France,
108. Lothario the Saxon left them to the Pope,
lop.
Italy, its Church in a fad Condition, n. 73» timple
Authority of the Pope convenient for Italy, 152.
Provifions made there againfi Abufes, 186. State
<>/Italy changedafter the Councel o/Trent, 210.
M
MEndicants, their grant to acquire goods,ip^.
Fiance Oppofeth them, 194.
Militia of the Holy Land, ipp. EcclefiaJlick^Mini-
liers paid nothing, 124.
Monks, their Original, they were Secular, n. 3 o.
they chofe their Abbots, 32. they were admitted
into Affairs of State and of JVar, 115.
yionaBcxics, their Original, n. ^o.joyned with the
See o/Rome, 46. In Commenda Condemned
by the Council ^ Trent, but without Execution,
220.
N
NAvarro Canonijl holds that the Clergy are not
Patrons, but difpenfers,and Obliged te Re-
jlitution, 235*.
Noivnans help the Pope, loi.
O
OFfice Divine given to Canonical houres, 141.
Ordinate and Ordinc> 50.
P
PApacy if a Benefice, n. 6p. "titles o/moftHo-
ly andmoA BielTed, and Name ofFope,'jo,
Pope Confirmed by the Etnperor,6i. Adminikra-
tor not Patron^ 8d. praCiifes of Popes concerning
Benefices Conferred byKingf, i J 2. they di/pence
contrary to Canons, 1^2.draw Efeilions to R.ome,
134, 151. they Prohibit to Alienate, 16p. their
Authority is douhtful.2 2 5. they hinder Abu^m
other Churches, but tint in their own, 2 2 2, 2 25.
Po/?ej-,Benedid,i 2,178. Boniface, 8. 112. Cie-
ment 4, 171. Clement 5, 181. Clement
180. John 22. 144, 171. Gregory 7, 100,
Gregory 10, 171. Innocent 6, iSi.Pafehal
103.Pius 5, i^2.Symacho, 165. Popes Patri-
inony, what, 40. the Revenues of the Church,^.^.
Padis in matters Beneficiary how Symonaical, how
not, 223,
Peniions, their Original, divers forts, 2 14. divers
forts, 215. mean profits, 216. more profitable
than a Benefice, 217, to extinguifh them, 2^6.
the People have part i« Eledfions, 28, Pi llclii-
ens of the Church, 7<5. Polltflbrs or owners
drawn to the Secular Courts, 201.
Pragmatica is publijhed in France, i6p. Pius 2d
difputeth it, 206. maintained by the French Cler-
gy andVniverfityof Paris, 2o<5. Lewis i2, re-
veiled it, 206. after that he reftoredit, 207.
4 Popes Oppofed it, but in vain, 207. Aboiifhed
by the Concordate of Leo 10, with Francis
id, 207.
Precaria, what a Contrabl called Precarius, 71.
QUeftions, whether Ecclefiafticai Benefices are
of Divine or Human Right, y6. who hath
Dominion of Goods Ecclefiaflical, 84. if the Pope
hath Supream Dominion of the Goods and Bene-
fices Ecclefiajiich^ 225. to whom belongeth the
Fruits and Revenues of Goods Eccleftajiick^ 235.
Quindennio, what it is, 17 7,17 8d
R
REgalia, what, 11 o. Rcgreflb, what it is, ni
I pp. referved to the Pope only. Condemn-
ed/« France, 201. Prohibited d>y the Council of
Trent, 211. Refignations, their beginning,
188* their Lawfulnefs for Favour, iSp. Refti-
tutions difputed,2^S. Reformation of the Abu-^
ft'S of Goods Ecclefiaftic\, difficult but not impof-
fible. 2 Remedies of the Court of Rome againfi
the ill obfervance of the Concordate over the Coun-
cil of Balil, 205. Renuntiations referved to the
Fope only, ipi. RtPiAcnzt to whom Commanded,
l^p. who Exempted, 141. Ordered by the Coun-
cil of Trent,without declaring whether by Divine
tT Human right, 212. Refervations of Benefi-
ces Vacant in Court, in favour of the Pope, 170.
Benedidf 12, Ejlahlifhed them only during his
Life, 178. Clemient the 6th, made the fame,
180. Edward 3d of England Oppofed it, 180.
Mental Refervations by whom introduced, j pj,
I pB. the Council of Trent did not mention them,
i A 2 and
The Table.
and rpherefore, 213. numbring of Benffices re-
ferved to the Pofe,22o, Robert Bi^op of Lincoln
Oppofeth the Pope^ curious Hijiory. 154.
S
SChifm 0/ Bolonia, iy6. o/Florentini, 1S6. of
3 Popes raifed by the Council of Conftance,! ^4.
another in the Council of BaPil, ip6ythe Tenth
Age monjirous in thePerfon of the Popes^ 72. Se-
cuhts provide againf the Abufes oftheBijhops in
difpenfing Goods Ecclefiajiical^ rvith Prohibition
to Alienate^ 165. Simony, Opinions of the Cam-
rtifts about that which if Committed in Beneficial
matters, 223,224. Synods, <55. Spain receives
quietly the Innovations of the Court of Rome, a-
bout Invefiitures, 114. deludes with Prudence the
Arts of the Court, 115. Spoyles which the Cham-
her of the Pope receiveth, their Original, 250. Pro-
hibited in France, 251. Paul 3d, hit BuUthereon,
252. i7«d^Pius 4th, on the fame, 253. the
right of Spoyls, 254.
Succefforsj is done divers wayes, 203.
T
TEmplars, the Infiitution of this Military Keli-
gion,and with what Succefs, 121. Tempo-
rals of the Church under the Old and Newie-
ftament, in what it Con0s, from whence they
came, 2^0, Theologues,thtir Sentiments concern-
ing neceffary provifions for the Minifiers of the
Church, 82. Titular Bilhops without the burden
of a Viocefs, from which they tooh^ their Title,
55. Titular Benefices without Fruit, ip8. Ti-
tks oiDakes, Marquifes and Earls given to Bi-
Jhops, 110. Title of a Benefice refigned at plea-
fure only without Fruit, ip8. Thomas afferts
the Pope to be principal Oijpenfer, hut not the Pa-
iron, 85. Tribute, the Clergy Exempted from it
by the Law (fCorfiance, 26. Paid at firji by the
Ecclefia(Hc}{BoJfeJfionsand remitted by divers Em-
perors.
V
VAcancies of Benefices in Court, referred to the
Pope, the Popes ufe diverfely fitch referves,
155,157. Bifhops, their Election, called by An-
felmo Bifhop 0/Lucca,Popes, 27, 5o, ^5,162,
their care, 3 S,made Fatrons of Church Goods, 14,
25. 30. Vicars Obliged to perpe-
tual refidence, 142. Unions of Benefices, v. Bene-
fices, Univerfity of Paris Oppofeth the Concor-
date of Fxzncis iPe, with the loiht and op-
peal to a future Council,
Z
Eal fals to enrich the Church,
A
A
TREATISE
O F T H E
Beneficiary Matters,
O F
F R J PAOLO SAR PI.
wherein is related^ with the Ground of the Hiflo-
- ry^ how the Almes of the Fajthful were diflri-
huted in the pimitive Church.
H E antient Fervor of Chriftian Charity being grown
cold, which not only moved Princes, and private
Perfons to give temporal Riches plentifully to the
Churches, but alfo induced the Minifters of the Church
to beftow them holily on pious occaQons, it is no
wonder if at prefent faithful Stewards Icem to be want-
ing, and others diligent only in gaining and retaining have fucceed-
ed in their ftead, fo that it hath been neceffary to moderate by Laws
the excellive gaines, and a continual defire is kindled in godly men
to fee the Adminiftration of the goods poflefled by the Churches once ,
more reftored, if not to that antient Exeraplarinefs, at lead to a tolc-
table Moderation.
The Defefts which appear to us in thefe dayes, entered not into the
Clerical order all together, neither grew they fo Ecceflive at one in-
ftant of time 5 but from a fupream, or rather from a divine Perfedi-
on they defcended by degrees unto Imperfection, which is now mani-
•feft unto all, and confefled by the Clergy it fell^ and by fome efteem-
ed irremediable: Notwithftanding that if it pleafed God our Lord to
give unto his faithful as much grace as he gave to our forefathers, we
ihould not loofe the hope of feeing the fame wonders yet in our Age:
It is indeed nccedary that as by Degrees we came to this depth of Mi-
fery, fo by Degrees we may alcend towards that height of PerfeCti-
on in which the Holy Church was. The which cannot be done, but
by knowing what was the AdminiUration of temporal things from the
Beginning, and how this good Government came to fail, it is particii-
larly neceflary before all things, to tell how the Church from time to
time acquired temporal Riches, and how . upon e3ch alteration it ap-
B pointed
1
Of Beneficiary Matters
pointed Minifters to beftow, or to poffels them, which will dilcovcr
to us the hindrances which in thele times prevent a good Reformation,
and will fhew how to overcome thems and this is my Defign in the
prefent Dilcourfe fo ample concerning beneficial matter.
The beginning of Ecclefiaftical Benefices was whilft our Lord Jefiis
ChriftjiConverfed in this wbrld, and their 5t<7c^wai nothing elfo but
4. the ObUtiom of Pious and dsvont Perfins^ which were kept by a Mi-
nifter, and diftributed for two works only 5 one for the Necejjztics of
our Lord^ and of the JpoBles preachers of the Gofpel; and the other
for Almes to the Poor. All this is clearly feen in St. John, where the
Evangelift fayes that Judas was he who bore the Purje, wherein was
put the Money prefented to our Lord, he (pending the fame, and buy-
ing things neceflary for them, or elfe diftribufmg to the Poor accord-
ing to what our Lord commanded for the day. St. Augujiin confi-
ders that Chrilt having the Attendance of Angels who Miniitred un-
to him, was in no neceflity of keeping or prelerving of Money; ne-
verthelcG he would have a Purfe, to give an example to the Church
of what (he ought to do, and therefore the Church alwayes underftood
that from his Divine Holyneis by his own Example the Form of the
5. Ecclefiaftical Money might be inftituted, inftrufting from whence it
(houM be taken, and wherein it (hould be laid out. And if in our
dayes we fee not this holy inftitution obferve^ we ought to conlider
that for our inftrudtion^ and for our confolation the Divine Scripture
relates, that then Judas alfo was a Thief and ulurped to himlelf the
goods common to the Apolholical Col/edge, and came to (lich a Height
of Covetoufnefs, that what he ftole feeming not fiifficient for him, he
proceeded fo far* in wickednels, that he fold to the Jeros the very per-
fon of Chrift our Lord, to make his (umm of Money greater. And
if we either in reading Hiftories, or elle in obierving things occurrent
in our Times, we (hall believe that Ecclefiaftical Goods are in a great
Part (pent in other u(es than Pious, and that fome of the Minifters
not content of ufurping to themfelves that which ought to be in com-
mon to the Church, and to the Poor, have gone fo far as to fel/ Sa-
cred things and Spiritual Graces to makg Mon^, we ought not to refer
this to a Particular Milery of our or.of any other times, but to alcribe
it to the Divine Permiflion for the Exercile of the Good, confider-
y one according to his Degree and
Vocation to procure a Remedy, and he that cannot do otherwife by
his Prayers, and he that can hinder the Evil by preventing and oppo-
(ing the Abules, confidering that although Judas had no humane Pu-
niinment, becaufe tho(e who ought to have puniftied him were Com-
plices in his Offence, neverthelels divine Providence (hewed what Pe-
nalty he delerved, and appointed that he (hould be his own Executi-
oner, for a Document of what tho(e ought to do. Who are given for
Tutors and Defenders of the Church in following Ages.
After Chrilt our Lord had alcended into Heaven, the holy Ape-
ftles followed in the Church of Hierujalem the (ame Inftitution of hav-
ing the Church money for the two Effefts above(aid, that is, for the
Need of the Minifters of the Gojpel, and for Almes to the Poor : and the
Stock of this money was likewile the Oblations of the Faithful^ who
alfo making all their Goods common, fold their Poffeftions to make
money for this u(e : So that the Commmity of the Church was not di-
Church was lubjeft to the fame
siinCt "
by Fra Paolo Sarpi. ?
fiind from the Particular of each faithful Man^ as is praftized ftill in
iome Religions which obftTve thole hrfl: Inftitutions.
The Chrijiiat7s in thofe primitive Times were very ready to ftrip
themfelves of their Temporal Goods, to beftow them in Almes, be-
caule they looked for the end of the World to beat hand, Chrift our
Lord having left it to them uncertain, and although it was to laft as
long as he plealed, they confidered it no otherwile but as being to
cncl then, holding for certain that the Figure of this World, that is,
the State of this prefent Life paffeth away, wherefore the Oblations
encrealed alwayesthe more, yet the CuUom of not having any thing
of ones own, but all things in Common, fo that there was neither 8.
poor nor rich, but all lived equally, rce7it not out of Hierujalem 3 For
in the other Churches which the Holy Apoftles planted, it was not in-
ftituted, neither did it laft long in Hierujalem.
Whereupon 26 years after the Death of Chrift it is read that the
publick'was diftinft from the private, every one knowing his own, but
the money being common in that Church as in others founded in Oh-
lations^ which placed in Common, ferved for the Minivers only and
for the Poor^ and it was not Lawful for him, who had wherewithal
of his own, to live upon the Churches Stock, whereupon St. Paul or-
dained that Widdows who had Kindred fliould be relieved by their
Relations, that the Church Goods might be fufficient for thofe who
are widdows indeed, that is, Widdows and poor.
The f'rji day of the vpeek^ which for that caufe was called the Lords
day^ the Faithful met together, and each one offered that which he
had fet apart of the foregoing week for the Necejfities of the Com-
tnon.
The care of thefe Goods which our Lord whilfthe was in thisMor-
tal Life gave unto Judas^ was adminiftred by the Apoftles themfelves
for a fhort Time after the Afcenfion, but afterwards perceiving that
Murmurings and Seditions did arife amongft the Faithful, about the
Diftributions that were made, it appearing to fome that they were not
fo great Sharers of the Common, as they willingly would have been,
and believing that others had more than they ought, fo as the Com-
mon Evil in all Times in difpenfing the Goods of the Church, the
JpoUles hyiew they could not attend this perfeBly^ together with preach-
ing of the Word of God, they determined to retain to themfelves the
Minijiry of Preaching and teaching, appointing for this Office of hav-
ing care of Temporal things, another fort of Minifters quite different
from that which we fee done in our Times, wherein the chief Prelates of
the Church attend the Government of Temporal things, and the Office of
Preaching and teaching the Word of God, and the Dodtrine of the
Golpel is left unto the Fryars or Brethren, or to fome inferior Priefts
in the Church.
But thefe new Minifters which the holy Apoftles inftituted for go-
verning Temporal things were Deacons, for which purpofeEle-
dfion was made of fix from all the Body of the Faithful, which the
Apoftles appointed for that Miniftry, and wherefoever they founded
a Church, they alfo appointed in the fame Manner, as alfo
they ordained Bifiops and Prieifs and other Ecclefiaftical Minifters,
Faffing and Prayer preceeding, and the Common Elebiion of the Faith-
ful following after, Obferving inviolably this order of never deputing
any man to any Ecclefiaftical Charge, who was not Jirfi eklted by the
B 2 nniverja-
bTl
4
Of Beneficiary Matters
n.
12.
Marcion.
A". 170.
220.
Deciui the
Prince.
13-
14.
Mjiverfility of the Churchy which is of all the Faithful together.
This Cujlofne continued in the Church in fuch a Manner for about
200 years^ maintaining the Ecclefiaftical Minifters, and the Poor alfo
with the publick Goods, there being no other Stock but the Ohluti-
ons whicli were made by the Faithful in the Church, which Oblations
were in great Abundance, becaufe out of Fervency of Charity CA-ery
one offered all that he could according to what he had, fb that when
the means of the Faithful in one City were abundant for the fupplying
the wants of their own Church, they made CoUeBions for other poor
Churches alfo : For which caufeSt. James St. Peter and St. John^ when
they acknowledged St. Paul and St. Barnabas for Conforts and Com-
panions in the Gofpel, they recommended this Work unto them, to
Colled Ibme Almes for the poor Church of Hierufalem^ for which St.
Paul alfo mentions the having made a ColleBion in Macedonia^ 'mAchaia^
in Galatia^ and in Corinth^ and this Cuftom was obferved not only
during the Apoftles Life times, but alfo after their Death 5 and in the
Church of Rome where Riches were plenty, the Offerings alio were
Abundant, for about the year 150 they not only ferved to Maintain the
Clerks and poor Chriftians of that City, but alfo to adminifter abun-
dantly unto other Churches, not only to the Neighbouring, but alfo
to thofe at a Diftance, giving Food in divers Provinces unto poor and
miferable Chriftians Condemned to Prifons, and to working in Mines,
and to Ihcw the Abundance of the Oblations, I fhall only fay this that
Marcion about the year 170, made an Oblation in the Church of Rome
at one time of 5000 Crowns of Gold, and becaufe he had certain O-
pinions not Convenient in Matter of Faith, he was expell'd from the
Congregation, and all the money reftored to him, that holy Church
efteeming it felf polluted in retaining the Goods of a Herctick.
Afterwards the Church of Rome encreafed fo in Treafures, that af^
ter 220 years the Roman Emperors were dedrous of them, whereupon
Prince Decius Arrefted St. Laurence a Roman Deacon to take the Ec-
clefiaftical Treafures from him, they being grown fo Copious, but that
Prince was Miftaken, believing that the Treafures were Colleffed and
preferved, for that holy Deacon was aware of the Tyrants Greedinels,
and forefeeing the imminent Perfecution beSiowed all at one time^ as
they were wont to do in fuch like Dangers 5 and the moft part of the
Perfecutions made againft the Church after the Death of Commodus
were for that Caufe, that is, becaufe the Princes or the Governors find-
ing themfelves (hort of Money, were willing to make themfelves Ma-
fters of the Chriftian Churches Stock that way.
After the Churches were enriched, the Clerks alfo began to live more
at eafe, and fome not being content with the ordinary daily food of
the Church, would live feparately in their own Houfes, and receive
from the Church their feparate proportion in Money every Day, or
for a Month together and longer 5 a thing which although it declin-
ed from the Primitive Perfection, was neverthelels tolerated by the
Fathers. Befides, the diforders did not ftand at this ftay, but the Bi-
fops began to fail the Poor in their ufual Almes, and to keep for them-
folves that which ought to be diftributed, growing rich with the Com-
mon Goods of the Church, dealing in ufury for to encreale them, and
leaving off the care of teaching the DoBrine of ChriU^ all bufied them-
felves in Covetoufnels, which things St. Cyprian laments that they were
praftifed in his time, and concludes that God (to purge his Church
of
by Fra Paolo Sarpi.
of thefe Errors) might permit that great Perfccution which was under
the Empire of Dedus^ becaufe his divine Majcfty hath alwayes reform-
cd his Church, either mildly by the means of Lawful Magiftrates, or
when the Excels is gone too far, by thp Inftrument of Perfecu-
tions.
But although the Church poflefled fo much wealth, yet it had no
fetlcd or Stable Goods 5 firft, becaufe they cared not for any upon the
Rcafon abovefaid, for they efteemed the End to be at hand, and all
Worldly things to be Tranfitory, and of a great weight for one who
tends towards Heaven 5 and again becaule no Society, Colledge, Com-
munalty, nor Corporation according to the Roma7t Laws could be gi-
vento, bequeathed, or have left by Will, any Goods immovable, nor
for any caufe whatlbever, could poflels the fame, unlefs it were approv-
ed of by the Sefsate, or by the Prifsce 5 neither can this be doubted of^
although. Some Epilf/es goe about under the Names of old Popes, which
give a Rcalbn why the Apoftles fliould fell their Pofleflions in Judea,
and the fitcceeding Chriftians fhould preferve them, by faying, that
was bccaufe the Apoftles forefaw that the Chriftian Church ought
not to remain in Judea, but indeed amongft the Gentiles, as if in the
G of pel the caufe of felling were not exprefly fhewn when Chrift laid
to his Church : Fear not, 0 little Flock^ 5 jell what ye pojfefs and give
Ahnes, that although Hierujalem were deftroyed, at its Building again
there might be an Abundance of Chriftians, and yet have not been
deftroyed in the Cities where the Churches amongft the Gentiles had
Poflefftons 5 But labouring to fhew this Falfehood is fuperfluous, be-
ing a certain thing that thefe Epiftles are Suppofititious, and were
framed about the year 800, by thofe who preferfd (as is ftill done at
this prefentj Riches and Pomps to the Apoftolical Moderation Inftitut-
cd and Commanded by Chrift : But the Confufion which was much
continued in the Empire after the Imprifbnment of Valerianus, the
Laws being but little obfervcd, chiefly in Africa, in France, and in
Italy, fbme left or gave Stable Goods to the Churches, which in the year
go2, were all confifcated by D/Wctw?/,and though inFra^sce
the Emperors Decrees were not Executed by the Bounty of Conllance
Cloro Cafar who Governed it, But thefe Princes h?f ing renounced the
Empire, eight years after Flaxentius reftored all the Poflefflons to the
Church of Rome, and a little after Conllantine, and Lidnius granted
freedom of Religion to the Ckritlians, approved of the EccleCaUical
Colledges calld Churches, granted generally throughout the Empire,
that they might gain or acquire Stable Goods as well by Gift as by Te-
ftament, exempting alfo the Clergy from perfonalpublick^Services, that they
might attend the duties of Religion more Commodioufly.
The Cuftome of our times of giving or of leaving ones Eftate to the
Church, with a fpecial obligation of fome particular work, as of Build-
ing, of Marrying young Damfels,of providing for Orphans, or others,
neither with Obligation to Mafles, Anniverfaries, or to other Ecclefia-
jiical Offices were not then in Account, nor in Ufe for a long time af^
ter 5 But Perfbns gave or bequeathed abfolutely, and the Gift or Lega-
cy was incorporated into the Common Majs, which was the Stock for
the Expencesof all pious Works, wherefore fpeaking of ancient Eccle-
fiaftical Goods, it is moft true that they are not dedicated to any par-
ticular Wotf, but it is not true that they may be laid out in what a
man will, but in the generality of Pious Works only. The Exempti-
ons
Of Beneficiary Matters
ons which Pr'mccs granted unto Ecclefiaftical Goods, freeing them from
of^E^ckfiafti- publick Contributions was a great encreafe to them, and it \v as for-
cai Goods, merly oblerved every where inviolably, with great fatisfiftion to Prin-
IP' ces, and with the /pprohatiofr of the People, for it proved not dammage-
ble to the Publick, nor burderrfbm to the Commonalty for two Rea-
Ions, one, becaufc Ecclefiaftical Goods were finally the Poors of the
People, and exempting thole who had not, and leaving the Contribu-
tions to thole who had wherewithal, was alwayes accounted jult; the
other, becaule Exempting a man when he hath little, and left than what
lufficeth, is no Burden unto others. Nevertheleis ^o fjof/ld ifjfr
that the fame liberality of Princes towards the Church, would be juft
and Convenient in thele times alio when it is grown lb Rich, that it
poileileth a quarter, and without doubt more than what the remain-
der of the Perlbns, and this is not laid out any longer for the Poor 5
lb that to Exempt them would be contrary to what good Princes have
done, in Exempting the Rich, and inlaying their due burdens on the
Poor. Wherefore the Princes at prelent are no left pious than thole
then, but the SuhjeU is different : For thele would allb grant Exemp-
tions to the Church if it were poor, and thofe would not have grant-
ed it, if it had been Pvich.
The great Devotion of Princes and of the People, as it cauled the
Wealth of the Clergy to encreafe abundantly, Co it excitetl a great
Thirft in the Ecclefiaftical Minifters, to Multiply it or heap it up ^
from which excels not lb much as the wel-minded men were free 5 for
leeing how the Diftribution of Ecclefiaftical Goods fell to the Glory •
of Cod, and to the Common Good, they concluded that the more the
Church had to Diftribute, the better it was, whereupon they made ufe
of all Wayes and of all Arts to gain Wealth, not conjidering whether
the Means they ufed were Lawful and fuitable unto Equity, lb that if the
Effed did but enfue, viz,, that the Church might gain by any means
whatlbever. She leemed to have made a Sacrifice unto Cod : And cer-
tainly immenfe and innumerable Evils proceed from this fort of Zea-
lous Perfons, who do not ufe Dilcretion with their Zeal, becaule it
leeming to them that every thing fent for A Religious End by what
way foever to be Good, they oftentimes Ad againft Piety and againft
Humanity, putting the World into a confufion 5 thus it happened in
the Primitive times, that the Church obtained Power to acquire real
Eftates, it was believed by fime Religious Men, to be a Service of God
to deprive their own Children and Kindred, to give to the Churches,
for which caufe alfo they Omitted no Art to induce Widdows, Dam-
fels, and other eafie Perfons to deprive their own Families, to leave to
the Church : The Efilbrder palled fo fpeedily the Bounds of being o-
vercome, that the Prince was necellitated to provide againft it, and in
Statute of the year ,3 70, a Law was made, which although it did not deprive the
Mortmain. Chutchcs ftom Acquiring or Purchafing abfolutely, yet it Prohibited
the Clergy from going unto Widdows Houfes and Orphans, and from
receiving by Gift, or by Will any thing from Women, not only di-
redtly, but allb by means of any third Perlbn .* Which Law St. Hie-
rome confellkh to have been a Remedy againft the Corruptions entred
amongft the Clergy, and gone too forward in the Defire of getting
Temporal Eftates, neither did that fuffice 5 For within few years after,
A". 390. that is in 390, another Law was made, that a Widdow who devoted her
felf to the fervice of the Churcli, could not give or leave to it by will
anv
-i
hy Fra Paolo Sarpi.
7
/
any real Eftate or precious Houftioldftuffj which is difcottrfed of at large
djavhere.
This Excels of getting was not very pleafing to St. Attgufiw^ who
lived in thofe dayes, for he openly declared, that it pleafed him bet-
ter that Inheritances (hould be left to the next of Kin, than to the
Church, and indeed he refilled fbme Inheritances left unto his Church,
faying openly, the Ecclefiaftical Miniftry confiffed not in D.Jiributing
mtch, but in Diftributing well.
Likewifehe reproved anew way the Church had of purchafing found
out in thofe dayes, which was buying real Efiates with the Advance
made upon the Incomes or Rent, which way that Holy man alwaies ab-
horred, neither would he ever permit it in his Church, for he declared
in his publick Sermons, that he had rather live upon the Oblations and
CoUeftions which were wont to be made in the Primitive times of the
Church, than to have a Care of PofTeflions, which were burdenfime to
him, and hindered him from attending intirely upon the Principal Charge
of a Bifhop, that is, of Spiritual things, adding further, t^t he was
prepared to renounce all Polieflions, if a livelihood ^ere provided for 23.
the Servants of God, and MinifVers, as in the old Teftament, by way
of Tythes or of other Oblations, without being fubjeft to the DHira-
&ion, which the Care of Earthly things brought along with it.
But for all the Checks of the Holy Fathers through their good Ex-
hortations, and of the Princes by thm good Laws, the Ecclefiaftical
Goods could not be lundered from encreafing above what they ought,
only the ancient manner of Governing and of beflowingthem remain-
ed andlafled till the year 420, without any notable Alteration ^ Befides
all the Oblations and other Ecclefiaftical Incomes proceeding from Re-
al Efbtes were in Common, and governed by the Deacons by the Sub-
Deacons, and by> other Stewards their Afliftants, and Diftributed for
the Maintenance of the EccleJiaHical Minijiers and of the Poor 5 the
Colledge of Priefts and the Bifhop were principally the Intendants, and
in fhort an Account of all Receits and Disburlments was kept, fb that
the Bijhop Dijpofed of every thing, the Deacons Executed it, and all 24.
the Clergy lived upon what the Church had, although all did not ad-
minifter. St. John Chrifoftome makes mention that in thofe dayes the
Church of Antioch fed above 3000 Perfons at the Publick^ Expence :
'Tis alfo a thing certain, that the Church of Hierufalem bore the Ex-
pences of an infinite Multitude of Perfons, which happened there from
all parts of the World. It is Recorded in Hiftories that Atticus Bi-
ftiop of Conjiantinople, Affifted the Church of Nicea in Bithy 'nia by
reafon of a great Concourfe of poor People in that City, which were
Numbred to 10000 in one day.
But after France, Spain, and Africa were divided from the Empire,
^nd erefted into diftinft Kingdoms, and the Succeffion of Theodofius
Extin^ Italy after the Inundation of divers Barbarous People being
falln into the hands of the Kings of the Goths, and the Ea^ di\dded civifion of
from the Weil, the Churches were alfo differently Governed, the Ea-
Item Church followed the Common Government already inftitutedj 25.
In the Western, the Bilhom by Adminiftrators and Superintendents/-e-
gan to makg themfelves Matters, and to Govern the Goods of the
Church in an Arbitrary manner, from whence proceeded a great Con-
fufion, in theDiftributionof the ftiid Goods, and chiefly to the Dam-
mage of Buildings, which fell to Ruin, and of the Poor who were for-
Of Beneficiary Matters
faktn : For which Caufe about the year 470, 'twas ordained in the
of W?stern Church, that four parts fionld be made 5 one flaould be the
Eccie- Biihops, the fccond for the other Minifters, the third for building of
the Church (which Comprehended not only the Building of the Place
where the People met together, but alfo the Habitations of the Bi-
fliops, and other Clergy-mens, and of the fick and-Widdows) and the
fourth for the Poor : But theie Poor amongft moft of the Churches
as St. Gregory relates, were meant only the Poor of the place, becanfi
26. all the Hofpitality belotfgcd to the Bijfdop^ who upon the Expence of his
o*vn Portion wasObliged to Lodge the Forraign Clergy,and to feed the
Poor which came from abroad. Yet 'tis not to be believed, that this
Divifion was in four Arithmetical and equal Parts, but Proportionally 5
becaule in fome Churches the Number of the Clergy required, that
their Expences fhould be greater than for the Poor 5 on the contrary
the great Number of Poor, and the fmall Number of Clergy-men re-
quired otherwifo, even as in the greateft Cities, the Charges of Build-
ing was great, but not fo in the ordinary ones ^ becaufe every Church
accepting the Decree of Dividing into four parts, made the Divifions
with different proportions, according to their own different Necef'
fities.
I know that fome do attribute this Divifion to Pope Sy.'vejier, who
was 150 years before, grounded upon fome feigned Scriptures after,
with little Honour to that Age,which was not then much Polluted.
In the Theod(^an CoAici\, there is found a Law of ConUantius and
Jidian, in the year 359, Exempting the Marchant-Clergy from paying
Cuftomeor Tribute, becaufe what they gained, was the Poors 5 fb far
are we' that the Church Goods fhould be Divided, that they left their
gains in Common, but inthefe years which were about 500, although
the Rents were Divided into four parts, yet the Eflates were not Di-
vided, neither the real Eftates, nor the Oblations and Almes, but all
Governed together by the Deacons and Sub-Deacons^ and the Incomes
Divided into four Parts 5 which thing hath been neceflary to be men-
tioned in this Place, becaufe in Succeeding times, there will be de-
dared fuch a change of Government, which in and through all things
proved Contrary to the Antient, as alfo the Manner of Chufng Mini-
Piers vpas^ (as is abovefaid) Infiituted by the Holy Apoftles, that Bi-
of fhops, Priefts, and other Minifters of Gods .Word, and the Deacons
^ Minifters of Temporal things, Jhould be Ele&ed by the Z^niverfality or
Generality of the Faithful^ and fhould be Ordained by the Bifops, with,
laying of Hands on the Head, a thing which lafted without altera-
tion.
The Bifiop was chofn by the People^ and Ordained by the Metro^o-
litain^ in the Prefence of all the Cumprovincial Bijhops^ or elfe by their
Confent granted by Letters from thofe who could not be prefent, and
if the Metropolitain was hindred, the Ordination was made by three
of the Neighbouring Bifhops, with the Confent of him, and of thofe
that were Abfent: And after that, many Provinces for a better Form
of Government were Subjeft to one Primate^ his Confent was aifb re-
quired for Ordaining. Then the Priells, Deacons, and other Clergy-
men were prefinted by the People, and Ordained by the Bifop, or elfc
Nominated by .the Bifiop, and with the Confent of the People Ordain-
ed by him.
An unknown man was never received, neither did the Bifhop ever
Ordain
by Fra Paolo Sarpi*
3(3i
Ordain one who was not dpproVed of afid Cdmmended, or rather pre-
fented by the People, and the Cortfent or interveening of the People!
was fudged fo nece^ury^ that Pope Leo the firft treateth amply, that
the Ordination of a Bifhop could not be valid nor Lanful, which was
fiot required, or fbnght for by the People, and by them approved o^
which is (aid by a 11 the Saints of thofe times, and St. Gregory eftecmed
that ConUance could not be Confecratcd Bi(hop of Milan, who had
been Elefted by the Clergy, without the Conient of the Citizens, who
by reafbn of Periecutions were retired to Genoa, and prevailed, that
they fhould be firft fent unto, to know their Will, a thing worthy of
being noted in our dayes, when that Eleftibn is declared to be Illegi-
timate and Null, where the People have any Share ^ Thus things are
changed, and pafled into a quite Contrary Cuftome, calling that Law-
ful which then was accounted Wicked, and that Unjuft which then
was reputed Holy. Sometimes when the Bifjop was grown Old, he no-
minated his own Succeffor, Thus St. Angujlin nominated Eradius, but
that Nomination was of no Value, unlets it were firft approved of by
the People, all which' things are neceftary to be kept in mind, to com-
pare them with the Cuftoms and Manners, which were feen to be pra-
ftifed in fubfequent times.
Tis neceflfary now to make a little DigreflTion for a new Cau(e,
which hath brought a very great Encreafe to Ecclefiaftical Eftates, and
(prang up in thefe very times about the year 500, and this was another
fort of Religious Colleges , called MonaUeries. Monkgry began in HL- Monaaerics
gypt about the year 500, thole who fled from the Periecutions, and Monkery,
from thence paft into Greece, where by St. Bafil, about the year 370,
it was formed in the manner which yet continues in thofe Countries.
But in Italy about the year 350, it Was brought to Pome by Athana-^ 350.
fius, where he had but few followers, and little Applaufe in that City,
"and in the Neighbouring Places, until that time of about the year 500,
when St. Equitius, and St. Benedi&us gave it a fetled Form , and di-
fufed it, though indeed the Inftitution of St. Equitius Extended it felf
but little, and foon fail'd, but that of St. Benedihf, fpread it felf all
over Italy, and went beyond the Mountains. The Monies in thofo Monks not
dayes and for a long time after, were not Clerks, but Seculars, and in clerks but
the Monafteries which they had without the Cities, they lived upon
their own Labours of Husbandry, and other Arts, together with fome
Oblations made them by the Faithful, all which was Governed by tfie
Abbot: But in the Cities they lived by their work, andby that which
was appointed for publick Expences by the Church. Thefe retained
their Anticnt Difcipline much longer 3 The Clerks after the Stock of
the Church was divided, loU fifficiently of the Peoples Divotion, where-
upon there were few who either gave or left any more Goods to them,
fo that the Acquifitions and Purchafes of the Church would have been
at an end 3 But the Monks continuing the living in Common, and in
Pious Works, were caufe that the Liberality of the People was not
extinguifhed, but fbrfaking the Clerks turned towards them who were
greatly Inftrumental in Encreafing Ecclefiaftical Wealth, and in pro-
grefs of time, augmented greatly in PoflefTions and Incomes, given to
them and left by Will, which indeed was then fpent by them in the
Maintenance ofa great Number of AI<7//4f,and in Hofpitality, in School-
ing and Education of youth, and in other Pious Works.
C The
ti
lo
Of Beneficiary Matters
N. 32. The AW>ot Tritemius makes account that the Monafteries of Bene-
„ , ditain Monks were to the Number of 15000, befides the Prepofitures
Prcpofiturc. 1 1 /j- A
and leller Convents.
The Monks themfelvcs chofe their oven Ahhot^ who Governed them
Spiritually^ and Ruled alio as well the Goods, which came by the Gha-
ritable Offerings of the Faithful, as of thofe which proceeded from
the Labour and Art of \hc Monks, and in progrcfs of time thofe alio
which came from fetled Revenues s But the Bifiopshiyeib dayes which
>. goo. Succeeded the year 500, being become abfolute Difpenfators of the
fourth part of the Church Goods, began alfo to mind more Temporal
, Things^ and to make themfelves to be followed in the Cities, whereup-
on Ele&ions rrere no more u(ed as the End of Divine Service, but with
Seditious Prafticcs, Proceeding oftentimes from Praffices, to Publick
Violences, for which caufe Princes who until then took, hut little thought
of whom jhould be Elet^ed unto this Minijiery^ began to bethink them-
-,3^ felves of it, being advertifed by the Holy men of thofe times, that
^ God Committed the Prote&ion of his Church unto them^ and there-
fore they ought by the Command of his Divine Miniftery, to take
fuchcare that Ecclefiaftical Affairs fhould be Lawfully Managed. i
The Princes alfo law evidently how great Impediments were brought
againft the Quietnefs of the State, and againft the good Government
of the Common-wealth, hy the Private Interetls of we Ambitious Clergy,^
and by the Seditious Praftices, which they ufed to acquire Ecclefiafti-
cal Dignities 5 whereupon, partly out of Divine Refpeft, and partly
for Human, they began to prevent the Clergy and the Laity from pro-
viding themfelves after their way according to their Affeftions, as well
becaufe Affairs being altered and the Bifhoprick no more ftiuffd, but
coveted, they made Parties, from whence proceeded Seditions, and
fometimes popular Slaughters by means of the Concurrents, as alfo be-
caufe fometimes Fa&ious Perfons were chofen for Bifhops, who held pri-
vate Intelligence with the Princes Enemies, which were never wanting
34. in the Weftern Confiifions, and fometimes Perfons were chofen, who
having gained a Train of People, Attempted fome Defign to Attribute'
the Juri/diilion of the Magijirate to themfelves^ and would ftir up the
People to Defend their Enterprifes, whereupon, the Princes Ordained
that no Perfon Eleded, fhould be Gonfeerated without their Confent
or the Magiftrates, the Prince Referving to himfelf the Confirmation of
t^e great Bifjopricks, asm Italy of Rome^ Ravenna, and of Milanfeav-
ing the leffer Bifhopricks to the Care of the Minifters > But taking
more heed to the Subftance of the thing, than to the Appearance,
when in a City there was an Eminent Subjebf kpown to the People, to
^ whom all were enclined, and the Prince fatisfied that he pleafed the
Occurrcnza. People, when an Occurrence came, he was Conjecrated without more adoi
Sometimes alfo there happened through Accident of War, or, of Plague,
that one had been Ordained, before he had the Confirmation of the
35* Prince, as happend to Pelagius the 2d, Predeceffor to St. Gregory j, '
Rome being Belieged by the Lombards^ after the Siege was raifed, he
fent Gregory, who was then Deacon, to make Excufe to the Emperor,
befeeching him to Confirm what Neceflity had Conftrained him to do.
In this manner Popes were Elefted, and Bifhops in Italy until the year
.4', 750. .750, with the Imperial Confirmation 5 but in France, and in other pla-
ces beyond the Alps, the Regal or the Princes Authority was herein
more abfolute, for the People totally defUied fom the Ek&ion, when
the
by Fra Paolo Sarpi.
II
the Prince took it in Hand; good men forbore, becauiebelievingthem-
felves to be well provided with Kings, efteemed their Interventions Su-
perfluous; evil men, becaufe they were not certain of being able to
bring their Defigns to pals; whereupon the Kings gave the Bilhopricks
to them only throughout the Kingdom.
In all Gregory Turonenjiss Hiftory from Clodoviuf^ the iirft Chriftiail
King of Frar/ce, unto the year 590, no Bifhop was known to be made
but by the Command or by the Conlent of the King, and St. Gregory N. '^6i
zvho vras made Pope that year, writing to the Kings of France upon
different occafions. Complains to them that the Bilhopricks were not
beftowed on fufficient men, and prayes them to make choice of good
and underftanding men. He never reprehends the Provifion made by
the Kings, when the Perlbn provided was deferving.
As for Bilhops who were chofen without the Authority of the Peo-
pie, it was eafic to exclude them alfo from the Eledion of Priefts, Dea-
cons, and other Ecclefiaftical Minifters, reducing the Power of nomi-
nating them to the Prince only, without the Intervention of the Peo-
pie, part of them having withdrawn themfelves totally from meddling
in Ecclefiaftical Congregations, to attend their Domeftick Affairs,others
through the Inconveniencies which did arife amongft popular Fadions,
and fome others for feeing themfelves difrefpeded by the Bifhop grown
Potent, as well by the Riches he had to fpend, as by his Dependance
on the Prince, by whom he was Nominated to, or Confirmed in the
Bifhoprick.
The Prince fometimes Nominated thofe that were to be Ordained, at gy;
other times he left theCare wholly to the Bifhop,chiefly when he was fully
Confident, which Confidence was alfo Caufe that the Prince oftentimes
madeufe ofthe Bifhop, either to compofe Difficulties amongft the People,
or to determine Difficult Cm&s,the Refpe& of Religion being the Cauje^thzt
they were more believed than the Magiftrates; whereupon they were
more intent upon that, than in teaching the ChriUian DoUrine, which
at firU was given them in Charge ; Therefore when making of a Bifhop
was inQuefiion, it behooved rather to have Refpeduntoa wife Word-
ling, than unto one underlianding in Matters of Faith, which remains
ftill unto this time, it being faid, that excepting the Places bordering
on the Infidells, it is better making a Bifhop of a good Jurifconfult or
Lawyer, than of a good Divine 5 and truly 'tis a reafonable thing, if
the Principall Office of a Bifhop were to judge Caufes. Chrift our 28/
Lord Ordaining his Apoftles, faid, as my Father hath font me, Jb fend I
you, by which they underftood to be fent to Teach : If now all be fuf-
ficiently inflruded, and there be no more need of it, he may attend
fomewhat elfe : Heretofore the Principal Care of the Bifhop was to
Teach, and the next to overfee the Government of the Poor; fb that in
the fecond, as well as in thefirft, there w^s fome Relaxation, and there-
fore in making the Divifion into four parts abovementioned, the Ad-
miniftration of the Goods being in the Hands of the Clergy, and thofe
were they who divided after their way, fo that where the Bifhop and
the Prieffs wereConfcionable men, the Divifion was Juftly made; But
where they did not forget themfelves (there being none to Proteftthe
Poor, and as few to take Care of the Buildings) the Shares of thefe
two were very fmall, and in fome places nothing belonged to either of
them, but all was Divided between the Bifhop and the Clergy-'
men.
C 'if Bw'
12 Of Beneficiary Matters
- Befides alio, where the Divifion was made with due Proportion,
N. neverthelefs the Adminiftration of the Buildings, and the Shares of the
Poor remaining in the Hands of the Clergy, they came to diminilh by
little and little," and the other two waxed greater ^ which evidently
appears, for that in very few places the Buildings have any proper In-
come, and for the Poor there remained nothing but the Hojpitals, which
are of no Antient laUitntion.
In the Beginning the Share of the Clergy was not Divided amongft
them, but the Bilhop had a Care of dealing with each one according
to his Merits, but afterwards they took upon themfelvcs the Office of
Dividing, the Bilhop being Excluded, and they having their Share,
where neither Bilhop nor others had to do, they Divided again amongft
themfelves, fo that each Particular man began to know his own,, and
ceafed from livit7g in Common. But although the Rents or Incomes were
thus Divided, neverthelels all the Stocks or Eftates remained in one
Body, Governed by Ctxe Deacons and Sub-Deacons^ and the Rents pro-
ceeding from thence Conligned to the Bilhop, and to each one of the
Clergy, according to the Proportion of their Shares.
40. And in Italy in thole times the Poflellions of the Church were called
Patrimonies. Patrimonies^ which I was willing to mention here, that no man might
think that this name may fignifie any Supream Dominion, or Ibme Ju-
rildiftion of the Roman Church, or of the Pope. The Poflellions of
each Family which came from their Anceftors in the times we Ipeako^
were called the Patrimony thereof, and that Eftate was called the Pa-
trimony of the Prince, which he had in Propriety, and to diftinguilh
it from the Patrimonies of Private men, it was called Sacrum
Patrimonium, as is Read in many Laws of the I2» of the Codice, af-
ter which for the fame Reafons, the name of Patrimony was given to
the Poflellions of each Church ; There arefeen named in the Epiftles
of St.Gregory, not only the Patrimonies of the Roman Church, but al-
lb the Patrimony of the Church of Arimini, the Patrimony of the Church
of Milan, the Patrimony of the Church of Ravenna.
^The Churches placed in Cities, whofe Inhabitants were of but indif-
ferent Fortunes, had no Polfeliions left to them out of their Diftricf.
But to thole of Imperial Cities, as Rome, Ravenna, Milan, where Se-
nators and other Illuftrious Perfons dwelt,Poflellions were left in divers
parts of the World. St. Gregory makes mention of the Church ofRa-
venna's Patrimony in Sicily, and of another there belonging to the
Church of ^lilan 5 The Church of Rome had Patrimonies in mofi parts
of the World.
Mention is made of the Patrimony of France, of Africk^, of Sicily,
of the Cottian Alps, and of many others but in the time of the laid
St. Gregory, there was a Diiference, or fuit at Law, between him and
the Bilhop of Ravenna, for the Patrimonies of both Churches, which
was accommodated by Tranjathon.
To gain alfo greater Refpeft for the Polfeliions of the Church, they
were wont to give it the name of Holy, which that Church had in
great Veneration 3 So the Church of Nominated her Poiiefli-
42. ons of St. ApoUinare, and that ol Milan, of St. Ambrofe, and the Ro-
man called it the Patrimony of St. Peter in Abru%,%^, St. Peters Patri-
mony of Sicily, Sic. After the mamier of Fenice, where the Pubhck
Revenues are called St. Marks, As for the Patrimonies of Princes when
they were not appointed to the Souldiers, a Governor was placed with
Jurifdi-
by "Fra Pdolo Sarpi. i 5
Jurifdiftion over Caufes which concerned that Pofleffidn : Some Cler-
gy-men there were of the Ro/ftan Church, who endeavoured to ufurp
liich Rights in the PAtrimomcs of that Church, being willing to right
themfelves without having Recourfe to publick Judicatures 5 which In-
troduftion St. Gregory Rebuked and Gsndemned, forbidding the doing
of it upon pain of Rxcommiwicatiou. Ecclefiaftical Pofleffioris paid
Tribute to the Priuce, as appears manifeftly by the Canon, Si Tributum, Tribute;
which is St. Ambrofc. And it is clear, that CotjUantwus Pogonatus iil
the year 681, granted an Exemption from the Tributes which the Ro- 62i.
ntun Church paid for the Patrimony of Sicily and Calabria. hx\AJu-
fiinian Ritmeuo in the year 687, remitted the Tributes which the Pa^
trimomes of Abbruzzo, and Lucania paid.
The Roman Church received not (uch great Incomes from its Patri- N. 45;
monies as fome believe ^ becauie as Hiftories relate, Leo Ifanrus in the
year 752, Confifcated the Patrimonies of Calabria and Sicilia, both
whichare mentioned to yield three Talents of Silver, and half a Talent
of Gold, which make in our money (not to leflen the Account upon
the variety of Opinions how much anfvvers each Talent exaftlyj no
greater fum than 2500 Crowns, and the Patrimony of Sicilia much lar-
gcr paid no more than 2100 Crowns.
It is not bcfide the Subjeft of our Difcourfe, to know the ParticuJ
lars which hapned whilft the Pofieffions of the Church remained in an
entire Body, and under the fame Government although the Incoms were
divided, which could not laft long by reafbn of the Contentions which
arofe amongft thofe to whom the AdminRJration belonged, and the o- ;.
thers who remained upon their own Difcretion. Whereupon for grea-
ter Expedition, each Minijier began to retain the Oblations for himfelf
which had been made in his Temple, the which formerly were wont
to be carryed to the Bilhop, that he might divide them, but for art
acknowledgment of the Epifcopal Superiority, each one gave the third
part to the Bidtop, and fomething over and above for Honour, which
was called afterwards Cathedraticus, becaufe it was given out of Re- cutkdrdlcHi-:
verence to the Cathedral or the Epifcopal See.
Moreover they divided the Eftates, and appointed every man his
own lhare, but thefe Alterations were not made in all places at once,
nor by a publick Decree, but as the Ufes and Cuftoms hapned to all,
they began in fome places, and Communicated them Succeffively unto
others, chiefly the bad ones which have the Iwifteft Courfo, and the
leaft hindrance.
In thofe dayes when the Ecclefiaftical Affairs were reduced to this
Condition, the Publick Stocks or Eftates were Diftributed by the Prin-
CCS unto Military men, with a charge that fome fhould keep the Mar-
dies or Borders, fome fhould ferve the Prince in Civil Governments,
fome to follow him to the Wars, fome were to Guard Cities, Forts, or
Strong-holds, and they were termed or called Franks, or Fees, by the
Lombards'^ and in the Latin Tongue, which was not yet exfmft they
were called Beneji'cia, as given out of the Princes Beneficency, for which
Refpeft alfo the name of Benefice was given to the Portions of Eccleff-
dUical EUates, or to the Right of Poilelling them, becaufe they Were
given by the Prince, as Bifliopricks, or by the Billiops of whofe Con-
lent and Concellion other Livings are beftow'd, and alfo becaufe Cler-
gy-men are Spiritual Souldkrs, keeping Guard, and cxercifinga Sacred
Warfire.
the
14 Of Beneficiary Matters
-<
Abbeys. The Abbeys beyond the Alps were at laft made more ample and
MaeftridiPa- Kiorc Rich, by reafon the Mafiers of the Vallace affumed to themfelves
Ui\o. the Authority of making the Abbot, and that with a reafon apparent
enough,becaufe the Monks then ( as hath been faid) rvere Laymen withoHt
N. 46. any EcclefiatticalOrdination. It is true, they did not alwayes give himtd
them,butfbmetimcs out of favour he granted the Monks leave to choofe
themfelves one.But in Italy the Monafferks being not very confiderable
'A*'no. wealth, untill the year 750. the Kings of the Goths., then the Em-
perors, and the Kings of the Lombards, made no great Accompt of
them 5 whereupon the Ele&ion was. left to the Monks, with the fble
(uperintendency of the Bifoop. But the BiJfjops fbmetimes being in-
tent to grow great , they moleited the Monafteries too much,
wherefore the Abbots and Monks defirous of freeing themfelves from
that fubjeftion, found a way by having Recourfe to the Bifop oiRomey
Exemption, might take them into his immediate Proteftion, and exempt
them from the Authority of the Bifhop. This waseafily confentedun-
to by the Popes, making ufe of them, as well to have other perfons
in Cities immediately depending on them, as to amplifie their Power
over the Bifhops, it being very important, that a Corporation fb Nota-
ble as were the Monks, who in thofe times almoft wholly attended on
. - Learning, fhould depend totally on the See of Rome.
A Beginning being made of thefe Exemptions, all the Monafteries
in a very fhort time remained united to the See of Rome, and feparate
from their Bifjops.
In France the Bijhops made by the King, and much more thofe who
were made by the Majlers of the Pal/ace, (the Kings Authority being
leffened) betook^ themjehes all to Temporal things, which the Abbots
did likervije, who furnifhed the King with Souldiers, and went to the
Wars in Perfon, not as Religious men to perform the Offices of Chrifts
Minifters, but Armed and fighting alfo with their own hands, for
which caufe they were not content with the fourth part of the Goods,
but drew all to themfelves: Whereupon the poor Priefts who Admi-
niftred the Word of God and the Sacraments to the People in Churches,
remained without a livelyhood, wherefore the People out of their De-
votion. Contributed unto them part of their own Eftates, which be-
jj ing done in fome places more liberally, and in others more fparingly,
^ Querimonies or Complaints arofe about it fbmetimes, becaufe when
'twas often treated how much that fbould be, which was to be given
to the Vicars or Curates, it went for a Common Opinion to be conve-
nient after the Example of Gods Law in the old Teftament, to give the
Tythcs. Tenth,'which being Commanded that people by God, it was an eafie thing
to reprefent it under the Gofpel of Chrift, as due alfo 5 though indeed
nothing elfe be faid of it by our Lord, and by St. Paul, but that ne-
cejjary maintenance is due from the People to the Minifter, and that the
Minifter or the Labourer is worthy of his hire, and he that ferves at the
Altar, ought to live by the Altar, without prefcribing any determinate
quantity, becaufe that in fome Cafes the Tythe would be but little, and
in other Cafes the hundreth part would fuffice ^ But becaufe this is a
clear thing, and that hereafter we have need of handling it moredif
fufedly, rie fay no more now, but that in thofe dayes, and for an Age
afterwards, the Sermons which were made in Churches (excepting the
Matters of Faith J tended to nothing elfe but to Proofs and Exhorta-
tions to pay Tythes, a thing whicli the Citrates were forc'd to do both
15
for need, and for utility or profit, and in the Amplifying as it behoov-
ed like an Orator, they went often fo far that they feemed to place all
Chrijiian Ferfc&ion in paying of Tythes^ of which not well Content,
and the Pr£dials not feeming fufficient for them, they began to hold
the Perjbnals alfo for n&celfary, that is, what a man gains by his La-
hour and Induffry, of Hunting, of all Arts and Handicrafts, and alfo
of the Military pay.
Of thefe Sermons many being found without the Authors Name,
fome through Error or on pnrpoje were attributed to St. Augufiin^ and
to other Antient writers 5 But befides that the Stile (hews they were
made about the year 800. Hiftories are clear, that neither in Africa
nor in the Eaji^ they never paid Tythes , and that their Beginning, N. 50.
fprung up in France, as hath been faid.
rie pafe unto Italy, where for feveral hundreds of years no man was
ever Ordained, to whom there was not appointed both his proper and out a Tide.
fpecial Office and Charge, unlefs that fome man famous in Doftrine or
in Holynefs, who to attend on his Sacred Studies, refufed to be apply-
ed to any particular Cure, the Prieft was Ordeined without giving
him any proper Parifh on which he might attend. St. Hierolamo was
Ordained Prieft of Antioch, and St. Patdinus at Barcelona^ and this
occafion eccepted, Antiquity knew of no Diftinftion between Ordinati- oUm no di-
on and Benefice, and Ordaining was then the fame thing as to give an
Office, and the Right of having ones Livelyhood from the Common don and Be-'
Goods of the Churchy But afterwards that in the Confufions which
Wars had caufed in States, many worthy and good Clergy-men were
driven from their Miniftry, they recover d or had Recourfo to fome o-
ther Church, where they were received and maintained as their own
Clerks, at the Common Charges, and fometimes fome Minifter ofthat 51.
Church happening to fail by Death, or otherwife, his Office was ap-
pointed him to be Minifter therein, and _that Clerk was then (aid to be Cardinaif.
Incardinated, whereas he who had firft been exalted to an Office, Incardinau.
was faid to be Ordinated or Ordain d thereunto, but who being dif^ cirdhato.
poffefled of his own, and provided with another was called Incardi-
nated. This manner began in Italy before the 6c)0th year of Chrisls
Birth, when through the Incurfions of the Lumbards, many Bifhopsand
other Clergy-men were driven from their Charges, for which caufe
when fuch like Offices were vacant in other Churches they were Incar-
dinated therein, and the Bifhops were call'd, Epijcopi Car din ales, and
the Priefts, Presbiteri Cardinales.
Thole who were driven out from their own places, having Recourfe
to the Churches of Piome and Ravenua, which were the Chiefeft and
Richeft in Offices and Minifteries, thofe Churches (I fay) as moft Rich 5 2.
and moft abounding received moft of thofe Strangers 5 and therefore
they had more Cardinals, which was alfo received in the abovelaid
Churches, becaufe by that means they gairid from all places the moft
notable men, as is done in thefe dayes, and therefore they very Seldom
Ordinated any of their own, but very often Incardinated Grangers, where-
upon it remained, that in thofe two Churches all were called Cardi-
nals. In that of Rome, the name remains ftill 5 in that of Ravenna it
lafted until the year 1543, when Pad the third by one of his Bulls
abbrogated the name of Cardinal in that Church thus the name of
Cardinal which declared Infirmity, changed the fignification, and became
the name of the greateft Dignity, and is come to be Ciid they are
Cardinals,
16 Of Benefciary Matters
Cardimls^ (that is) Cardites orhk Terrarnm 5 and that which had nci^
ther degree nor order in the Church, but brought in by chance^ is raii-
ed to the Greatnefs and Dignity wherein we fee it now adayes. But
he that Qiall confider or look upon the Councels held in where
Italian BiJljops, and Ron/an Cardinal Pridis did Interveen, fhall fee that
Cardinals in- the Cardinals did alivayes undervpritc after the Bifjops j and that no Bi-
fcrior to Bi- j/j^p ^lade a Cardinal Prieft in Cncceeding times. The firft B/fiops-
made Cardinals were fome chief onQsdnvQn from their Churches^ asCon-
rad of Mentz. driven out for a Rebel by Frederik^ the fiirU Emperor^
was embraced by Alexander the thirds and made Cardinal of $abino.
Cardinals no Neither had the Cardinals of Rome any Habit or Token of Diffcinftion
Habits to di-' Jmiocent the fouttli ill the year 1244, ythowponChriJismafs Eve
i2"44.''^ gave them the Red-hatt^ to which the fecond added alfo xhcRed-
Red Hat. cap^ the Regulars ExceptedGregory xFq I/ifiun our daycs granted
Redcap. jj. Narration hath been necelTary, ^caule that
upon a Dignity, which at prefent is Supream in the Church, and for
which it feems (ufEcient Titles could not be found, the prefent Pope
Urban the 8th, by a peculiar Bull, hath reduced them to Eminenry,
From the Beginning until a little before the year 500, as hath been
laid, every Clerk was Ordained unto fome Office, and lived upon the
No ordinati- common maintenance^ after the Benefices were made. Was the fame
on wuhout a thing to Ordain it, and to appoint the Office of exercifing, and the Be-
ahtimid" nefice from whence to receive their Living, none being Ordained with-
out a Benefice 5 but in Progrefs of time when there appeared any per-
fon fit to Ad the Clergy-man, although there were no Room or Be-
nefice vacant, not to lofe that Subjed or Perfon, the Bifhops Ordain-
ed him without any Office or Title, and therefore without Benefice
alfo, in Expedation that one might become vacant 5 and tbofe men Or-
dained without Title did help or aflift thofc who had Livings, ftom
whom they received tlieir Maintenance, But in progrefs of time this
ineonvcniert- fort of Clerks Ordained without Title or Benefice grew to fuch an
cits exceffive number, and the Charity of the Beneficed in giving them
ouTaTitk! ' Maintenance being much leffcned, that a multitude of Indecencies and
Scandals arofe, that it behooved to provide for them by Laws, and
55. conUrain the Bifljops who Ordained without Tit I e^ to furnifhthe Ordain-
ed with a Lively hood, and thefe Provifions which were Eftablifhed in
the Beginning, fomewhat ftill'd the diforder, which neverthelefs fprang
up again ere long, and being often fupprefl, alwayes returned, where-
unto two things have given a joynt caufe j one was the defire many
men had of making themfelves Clergy-men^ to enjoy the Exemptions
and to free themfelves from the Subjection of Princes 5 the other, the
Ambition of Prelates of having a ftifficiency of SubjeCls whom they
might Command, which Diforder is not yet well provided for, it
cauling many Indecencies in feveral Kingdoms, and making the Pco-
pie to lofe their RefpeCt for Religion.
The Epifcopal order hath been no left exempt from this Inconveni-
ency, but Bifhops have been Ordained with a Title only, or with a
name of Derifion, hold nothing 5 yet they are not vulgarly fo treated
or ftyled, as other unbenefic'd Clerks ^ for though indeed they Ordain-
r ed Priefts, Deacons, and other inferior Miniftcrs without Charge ci-
^ ' ther in faCt, or in name ^ yet 'twas never ufual until now to Ordain a
Bifhop without a Diocefs from whence he was denominated, wherefore
if a City were affigned him poflcfied at prefent by Infidels from whence
he
by Fra Paolo Sarpi.
he takes his name, and no Chriftians being there, the Bilhop ordained
remains with a Name only without People, and lives by ferving fome
great Bifhop who cannot, or accounts it a thing inferiour to him to ex-
ercileby himlelf the Epifcopal Funftions.
There was a great number of luch Titular Drfiops before the Coun-
cil of Trent^ now 'tis much leiiened.
But becaufe the Jefuit Fathers at prefent propofe a queftion, Whe-
ther the Pope can ordain Bilhops without any Title, either true or
feigned, as Priefts and Deacons are ordained, and they decide that he
may : God grant that this Power may-not ^ put in practice, left the
Reverence to that Order fhould be loft, which heretofore was great N. 57*
towards all Ecclefiaftical Orders when none was ordained, but he that
was appointed to an Office, as hath been faid,for which caufe all of them
rejided or dwelt upon their Charge^ which could not be left vacant, there
fjeing none to fupply it, all being occupied in their own : in like man- j °nce? "
ner the diftinftion of Benefices was unknown , which fought for Refi-
dency, and fought it not, and whether the Benefice were rich or poor,
either of a heavy or of a light burthen, it behooved that the Poflefibr
fhould forve it perfonally.
But after they began to ordain without Title, the Titulars having
who to put in their room, the charge was left to one with fome fmall
Provifions for attending, and they attended on fomewhat elfo. So in
France, the Bifhops ferved the Court and the Parifties alfo, fome poor
Prieft being fubftituted.
They began to provide againft the Diforder, not with Laws and
Conftitutions, but by puniftiments of Cenfiires, and of Privations, fo
that iri the times whereof we l^ak, that is immediately before the year 5^^
800. they were refrained by thefe chaftifements, but fo that the Divi-
fion of Benefices, as alfo the Ordination of non-Titulars, and the Pro-
vifions for the Refideiicy did not pals without fome diverfity between
place and place 5 even in the lame Church it pafled not without fome
variation, cauled indeed by the different minds of the Bilhops who fuc-
ceeded one another, as alfo through divers Provifions made from time
to time by Princes, to prevent the diforders cauled by the willing of ^""oppo vo*
too much in fome Clergy-man, or by the impatience of fome popular
man, who could not fee himfelf totally excluded from Ecclefiaftical
affairs.
Much Alteration happened unto Charlentain , who having reduced
under his obedience Italp, France, and Germany, reformed alfo the Ec-
clefiaftical affairs, reducing them to an Uniformity , which in divers
places had been differently inftituted, renewing many of the old Ca-
nons and Councels, worn out ofufe, and making of Ecclefiaftical Laws 59»
for the diftribution of Benefices according to the Exigencies of thole
Times, he partly reftored unto the Parilhes the Poffeffions which the
Bijhops had drawn to themfelves, ordaining that every Pwi? Curate
fhould have one of quantity appointed him, which then was called
Manfo. .
At that time the Cuftom of gmngTjihes nntoParijh Churchesmffcd »■
over into Italy, which' long before had been introduced in France.
Therefore Charles added anew, that the Bijhop as Superintendant, and
Paftor-general, might give that order upon the Diftribution of Tithes,
as he thought fit 5 wherefore the Bijhops, where the Tithes were many
and fat ones, difpofed of them different wayes, part they attributed to
D .themfelves
i8 Of Beneficiary Matters
thcmfelves^ part unto thePricfts of the Cathedral, and- tl»ey appointed
alfo IbiKC ftiarc unto the M-onaUerics, with a charge that they fhould
place a Vicar in the Cure, giving him a convenient Portion, and be-
N. 60. the Bilhops Appointment. Sometimes the Nofi-farochial Churches'
appropriated fome (hare to tliemfelves which in progrefs of times they
defended afterv/ards by Prefcription. The Princes alfo applyed fome
unto the Churches towards which they had the greiteft Devotion.
The People Charles reftored to the People the Liberty of choofing Bijlsops^ granting
choofe Bi- Clerus and the People ought to choofe one of tly^ir own D/o-
cefs, who Ihould be prefented to the Priuce, and when 'he was appro-
ved by him, and invefted by giving him the Crozkr and the Rh/g , he
was to be Confecrated by the neighbouring Bifhops. He reifored alio
AToRks choofe to the Mof//{s the Power of choofing the Ahhot of their own ManaSiery.-
Abbots. He eftabltlhed alfo that the Bilhops ought to ordain thofe Prkjls who
were prefented by the People of the PariJIses. Charles eltablilhed alfo the
PopeofRome^ in like manner as he had been inftituted when the
61. perours of the Eaft had the Dominion over Ronte^ viz.. That the Pops
Pope eiefted Jlsoiild be elected by the Clergy and by the People, and the Decree of the
' h Eleftion Ihould be fent to the Emperour, upon whofe Approbation the
pie.' ^ CO-
True it is, that Charles being dead, when the Em perours of his Po-
fterity were weak in Power or in the Brains, the Popes elected by the
People caufed themfelves to be Confecrated without expefting a Decree
from the Emperour. So did Pajchal with Lerok the Son of Charles,
though indeed he fent afterwards to have it excufed, that it proceeded
not from his will, but from the Force of the People who would have it
fo. There have been fome called Lewis who have renounced the Fa-
culty of confirming the Pope, and therefore they alleage the C. Ego
Ludovicus, which other men of much Doftrin by many Reafons (hew
to be falfe and feigned, wherein 'tis needleis to toyl ones folf^ becaufo
that certain it is that Lotharius the Son of Lewis, and Lewis the Second
his Nephew did confirm all the Popes elefted in their Ages.
^2 In thefo Times, and in thofe foregoing, and fucceeding, when wait-
ing for the Confirmation of the Prince who was fometimes aWent, that
fome Months paft before the Elefted were confirmed and confecrated
afterwards , He, before the Confecration, behaved himfelf not as Pope,
neither did he adminifter, except that fome particular thing whereto
urgent neceffity conftrained to provide for at the prefent: neither was
there any other who attended therein, as happened to St. Gregory 5
neither was he called Epifcopus, but Elettus.
Much lels did he hold the chief place, but the Arch-Prielf held if,
who gave himfelf this Title alfo , Servans Locum fantti fedi ApoSiolic£:
But after the Princes were excluded , as Ihall be fpoken of in its place,
the time was never long between the Election and the Confecration j
and it was ncrt: (aid that the Ele&ion alone gave the Popedom , but the
Confecration 5 wherefore if any one elefted, died before he was conle-
crated, he was not put into the Catalogue or number of the Popes, as
^ happened to one Stephen, chofen after the death of Anno 752,
he was not confecrated, and therefore not put into the Catalogue.
Pope .Nicholas the Second for what appears was the firft who declared
Anno 1059. PopeElett could not be enthroned byrcafonof
■ "Wars, or through the Malignity of men, neverthelefs he Ihould have
Authority as a true Pope, to govern the Church of Rome, and to difpofe
of
V
>
' ' ' '
hj Fra Paolo Sarpi. 19
of its Goods, neverthelefs fome Reliques reiiiain ftill, for if the Pope
makes a jB«// before his Confecration, he laith not, Pot7tificatns
Anno prima 5 but faith, a. die ftfcepH a. nobk ApoUolatus OJficii^ and men
have not been wanting upon occafion to (ay, that the Pope ought not
to be called Bifiop before, but Ele£f ^ neither can he ufe a and
fuch oppolitions were made againft Pope Clement the '^tb, whereupon
he. Anno 1306 made a BttU^ where he forbad under pain ofExcommu-
nication, that no man fhould expofe thefe Difficulties abroad, fo that a campo.
tis held at prcfent for an Article, againft what Antiquity believed, that
by the ible Ele&ion of the Cardinals^ the Pope receives all the Authority, N. 641
and therefore the Writers of thefe times have laboured hard to put into
their Number and Catalogue that Stephen of whom we have fpoken:
wherefore they have altered the Numl^r of the other Stephens follow-
ing, calling the fecond third, and the third fourth, and fo to the ninth,
which they number to be tenth, with much confufion amongft ancient
and modern writers, fprung up only for the intereft of maintaining this
Article.
In the beginning the Government of the Holy Church had altogether
a Democratical Form, all the Faithful intervening in the chiefeft Deli- Government
berations^ thus we fee that all did intervene at the Election of
thias unto the Apo^ilejhip, and in the Ele&ion of the Six Deacons, and tical..
when St. Peter received Cornelius a Heathen Centurion unto the Faith,
he gave an Account of it to all the Chnrche.
Likewife in the Council celebrated in Hierufalem, the Apofiles, the
Priells, and the other faithful Brethren did intervene, and the Letters
were written in the Hame of all thefe three Orders. In fuccefs of time 65.
when the Church encreafed in number, the faithful retiring themfelves
to the Affairs of their Families, and having left thofe of the Congre-'
gation, the Government remained only in the Minifters, and became
^ijlocratical, faving the EleBion vphich became Popular , whereupon all xgen Arino*.
Affairs were refolved with Councils: The Bijhops of the fame Province craticai.
with the Metropolitan affembled at leaft twice in the year, making a
Provincial Synod, the Clerks with the Bifiop made a Diocefan Synod, and Provincial
they held-an Aflembly almoft daily, which was called the Confilory in .
imitation of the Affembly of the Emperors Counfellors, to which that nod!^
name was given. Confiftory.
In the Ecclejiaiiical ConjiBory the Chief of the City Churches did in-
tervene with the Bifiop, a thing grown out of ufe in all places, only
in Rome the Image remains. There they propofed, difcuffed, and refolv-
ed all Ecclefiaftical Affairs 3 but after that Benejices were erefted, the
Prieft having his Living feparate, took little care of the Common Af- 66i
•fairs, and ceafed from intervening in the Confiftory whereupon that
grew out of cuftome, and inftead thereof the Bijhops made an AJfembly
of all the Clerks of their Cathedral Church , to make ufe of them as well
forCouncel, as for Minifters in the Government, who receiving the
•Share of their Living from the common Mafs or every year, every
month, every day , from whence they were called Canons, from' the Qnons.
wordC<«»u«, which in the Weftern Empire fignified the meafure of
wheat which fufficed for a Private mans food, or for a Families, or for
a Cities 3 and this Inftitution of Canons did a little precede the times of
Charlemain, by whom they were alfo better fettled.
Here it is alfo requifite to be noted, that in thofe times by reafon
of the Wealthinejs of the Benefices, they created forBifhops the chief
D 2 men
20
Of Beneficiary Matters
men of the Court, and of the City, to whom the Prince likevvife com-
mitted a great (hare of the Political Government 5 firft extraordina-
rily, and then feeing it fucceeded Well, ordinarily, though not in all
Cities after the fame manner, but according to the Occurrences of the
place, and to the worth or goodneft of the and alfo accord-
ing to the little aptnefi of the Lord or Earl, who was fomctime fup-
plied by referring unto the BiJtjop^which was the caufe that when the Po-
fterity of Charles was afterwards degenerated and plunged into the
depth bf Ignorance, the Bijhops thought it better for them rot to ac
knowledge any more that Authority of the Prince from whence it came,
but to attribute it to themfelves only, and to exercife it as a Peculiar
of the Bifiopt^ and to call it Ecclejtalfical JurifdilBon : And fuch Was
the Beginning of that which we now fee contended for with Princes,
and which puts a little confufion foraetimes in the good Civil Govern-
ment.
The Affairs eftablifhed by Charlemain had no long duration, through
the little worth of the Princes of his Pofterity who held the Empire 5
whereupon beyond the Alps things eafily returned to their firft Abufcs j
the People in few places, and very feldom had anypare in the choofing
of the BiJIiops^ and not much in the choice of the other Ecclcfiaftical
Minifters^ but the Bifiropt ordained and gave Benefices to whom they
pleafed, except when fome man was propofed by the Prime, in which
cafe they failed not to obey. The Pope of Rome was alroays elected by
the People, and confirmed by the Emperour afore he was confocrated,
and the other Italian Bijhops Were not confecrated unlefs the Emperour
had firft approved of them. In France and in Germany much more.
If the Pdpe was willing to favour any one in the Neighbouring Bijhop-
rictus of Ronte^ he had recourfe to the Emperour, befeeching him ht
Would ' vouchfafe to give him the Bijhoprk^, and if any inftance were
made to him, that he would grant the Confecrating of any one who
had not the Enferonrs Letters he refufed to do it ^ bringing to mind
they fhould be firft obtained.
But the Pofterity of Charles being driven out of Italy in the year
884. Adrian the 3d. made a Decree that the Pope jhould be confecrated
Vpithout the Emptrour.
It was not befides the Argument, that having defigned to treat of
Benefices, we have difcourfed the Popedome, and ore yet to difcourfe
of it for the future, That being one amor^ the Bcnmces, andef^
cially named for a ^nefice by Clement the 5d. in a time when the Pope-
dome of Rome was not only afoended to its heighth of Greatneft, but
had alfo feme peculiar Dignities to diftinguifh it from others.
Pope, And 'tis a moft noted thing, that antiently the name of SanUm &
SanBiffimm^ Beat us BeatijfimHs was common to all the Faithful in
ChriH, when all men flill afpired to perfed SanSity, afterwards that
Secular men had attained to much more conveniencies in worldly AT
fairs, thefe names remained amongft the Clerical Order, and after the
declining of the inferiour Clergy, they remained amongft the Bifisops
70. only. Finally the Bifhops being given to worldly Affairs, tk,ey remain-
ed to him of Rome only, who hath retained them fince, not as Titles of
Goodnefs, as they were, but as Titles of Greatntfi^ The Names oiPonti-
fex. Pope, or Chief Prieji, were, and are common to aU Bijlsops, yea,there
are yet fome extant wherein lAl Bijhops sic csWcd Chief PrklJs..
The name of Papa or Pope which feems the moft proper, was given to
' each
67.
C'Mt.
Sctlcfiaflical
Jurifdiftion.
68.
by Fra Paolo Sarpi.
21
each Bifhop. St.Ciprian Bifi)op of Carthage was called Pope:, St. Hie-
rome gives that Title unto St. Aitgtdlifr^ but in times much more recent
Sidonius Apollinare called many Bijhyps Popes, and is called Pope by
them. Many Canons are in the Decree of Gratianus, in the Inlcription
whereof Martin Bijhop of Bracara in Portugal/, is called Pope. Gre-
gory the feventh in the year 1076, was the firft who Decreed that the
name of Pope fhould be peculiar to hint, and not attributed unto others, made peculiar
and it proceeded fo far in Opinion, not to fay inFadion, that Anfilmus to the Bifhop
Lucenjls, one of his followers, faidthat the Plural of the name God was
no left) improper and impious, than that of Pope.
But returning to the times which followed the Line of Chxrlemain 5 N. 71.
In France was a Fafhion invented, which though it appeared in favour
of Secular men, the Churches thereby encreafed unto immenfe Riches,
and this was a Contrail called Precarius, by which Precarius to whom- precarm.
fbever that gave his own to the Church, the Church granted him to pof-
left the fame in his Life-time and twice asmuchbefides, and if he would
diveft himfelf of the Ufu-fruit alfb,they gave him to enjoy three times
as much of other Goods of the Church, afterwards this went over into
Italy alio. The Contrail for that time proved profitable to him who
tripled his Incomes, and accommodated thofe who were without Pofte-
rity, or who took care for the prefent, without caring for Poffcerity,
but indeed the Profit was the Churches, who after his Death "got the
Eftate entirely.
Great Confufions in Italy followed upon thefe times, as well in the
Civil Government, as in the Ecclefiaflical, and fpecially in the Pope^
dome, unto the year 963, wherein for 80 years, none fought 'after a 73,
true Form and Face of the Churches Condition, but only for a gene-i
ral Preparative for a change, and a Chaos of Impiety. Popes were Ex-
communicated by their Succeflbrs, and the Afts made by them were An-
nulled, and cut in pieces, and the Sacraments Adminiftred 5 Six Popes
were driven out by them who would put themfelves in their Room, and
two alfo kill'd, ixaA Pope Stephen the. ^th, was fo illfavouredly deformed
in his Face, that he never fhew'd himfelf in Publick.
fohn the loth, was made Pope by Theodora a notable Roman Harlot,
through the Fadtion which her Publick Lover had in Rome.
John the 1 ith, who was a Balfard-Son of another Pope dead 18 years
before, was made Pope Sit the Age of twenty, and To many inconveni-
encies did arife in thofe years, that the Writers fay that thofe times aJf
forded no Popes, but Monlters.
Cardinal Baronius not knowing how to excufe any of thefe Difbrders,
laid that the Church then was for themoft part without a Pope, but 73.
not without a Head, its Spiritual Head Chrijl being in Heaven, and
forfakes it not 5 and it is very certain that Chiift hath not left, nor ne-
ver will leave his Church, neither can his Divine Promife fail, that he
would be with it unto the end of the World, and in this every Chri- - ^
ftian ought to feel and to Believe what Baronius faith, thinking alfo
that what then happened, came to pafs formerly, and as in thofe times
the fble Afiiffance of Chrift preferved his Church, fo it will preferve
it in all fuch like Accidents, in the like manner, although there were
no Papal MinHery. Each one of himfelf may judge how the other
Churches of Italy were ufed, confidering what is the Condition of all
the Members, when the Head is grievoufly indifpofed. Therefore they given to soui-
were no better out oiItaly, where great men gwe BiJljoprJc^ unto their «
Souldiers, ^ '
22
Of Beneficiary Matters
H 74-
75-
Excommu-
nication.
76.
Bequefts on
condition.
Queftion con^
cerning Ecclc
fiaftical E-
Hates.
77'
Sotddiers^ and even unto Bojes in their Childhood. Earl Herbert., Un-
cle of Hugh Capet., made his Son of five years old Arch-Bifijop of Reims.f
and Pope John the loth.. Confirmed that Eleftion. Inthofe times no
man had Recour(e to Rome out of Devotion, but alwayes he that de-
figned fomething againft the Canons, and cuftoms of the Church, if
he found not Approbation of it in his own Country, he fled to Rome.,
where Dijpenfations were given for every thing., and the Ambition or
Covetoufnefl was covered with an Apofiolical Dijpenjation. The Popc^
being foch as is abovefaid, made no diftinftion of what they were a-
ble to do, efteeming every thing an Encreafe of their greatnefi, which
could be upheld by any Powerful man, who for his Interefl: defended
what wasdefired.
The People partly through their fimplicity, and partly through Ter-
ror of Potent men, approved of that which they could not hinder^
whereupon an Opinion was grounded, that what thing foever if it had
its Confirmation from Rome., every pafl: error was covered.
Some might believe, that the little care which the Ecclefiaftical Or-
der had of Spiritual things, would have cooled the Fervency of Secu-
Jar men, in giving to the Churches, and that the. new Purchafos or
Acquifitions of the Clergy men would have been at an end, never-
thelefs it was not fo. For by how much the Spiritual Cure was dimi-
niflied in the Prelates, by fo much they were intent in the preferving
of their Temporal Goods, and they had Converted the Spiritual Arms
of Excommunicating, which was ujed only for the Correction of Sinners,
into the Defence of their Temporal Poffejjions, and for the Recovery of
them alfo, if by chance the little Care of the Predeceflbr Itad let any
thing be loft, and the Terror of the Cenfure was fo great ampngft the
People, that nothing put them into a greater Fright, and 'twas a won-
derful thing that Captains and Souldiers, moft wicked in other things
and without any fear of God, ufurping their Neighbours Right with-
out any regard of ofiending his Divine Majefty, preferved with great
Refpedt the things of the Church for. fear of the Cenfures.
From hence, many of flender Power, being moved with defire of
fecuring their own from Violences, made Donation thereof to the
Church, upon condition that it fhould give it in Fee, with a flight ac-
knowledgment. This fecured the Eftates which belonged not to Po-
tent men, as thofe whole Dominion belonged direftly to the Churdij
afterwards the Heirs male of the Feoditaries Failing, which often hap-
pened by frequent wars and Popular Seditions, that the Eftates fell to
the Church.,
Seeing that hitherto we have declared in what manner Ecclefiaftical
Eftates have been acquired, and the Reafon ofTything thofe of the
Laity, this place perfwades that the queftion debated in our times fhould
be treated andrefolved before we pafsany further^ that is to fay^whe-
■ ther EccleftaUical Estates be Pofleffed by Divine or Humane Right, and
' who fhould have the Dominion of them.c'
The Common opinion diftinguifheth the Poffeflions left to the
Churches by Will, or by Donation of the Faithful, or acquired in fome
other manner, hf Tythe, by FirSt Fruits, or by other Oblations: And
as to the Pof fefuons all agree they ought to be called Temporal Goods,
and that the Church enjoys them by Humane Right : Wherefore 'tis
certain as hath been declared above, that the Purchafing of Eftates be-
ing prohibited to all CoUedges whatfoever, the Church at firft by Per-
niifFioii^
i
by Fra Paolo Sarpi. 25
million, and afterwards by grant from the Emperors, had the Power
of Purchaling, and there is the Canon annexed; Jure d. 8. where-
in is affirmed that by the only Fundamental of humane Laws, it is faicl
this Podeffion is mine, this Servant is mine, and that taking away the
Laws of the Prince, neither Church, nor any one elle can lay, that any
thing is their own. And no man can doubt, but that the divilion of
Polieffions was by the Civil Lan>^ and likewife the manner of Transfer-
ring Dominions from one to another, as the giving, the bequeathing by
Will, and all Contraftings and Difpofings are humane Laws.
Commonwealths and Kingdoms have been where the Teftament hath N. 784
been unknown. Jure Romano^ 'tis granted to the Citizens of Kome on-
ly to make a Will, It is not poffible, that the manner of Purch^ng
Ihould be by humane Right, and the Continuation ofPurchafing fhould
be^^ DivineWhen any thing is given or bequeathed to the Churchy
there being a difficulty in it, whether the Titlebe valid or no, it isjudg-
ed by humane Laws, and holding the Lawful Right, PolfelTion is given
according to them. Therefore ftiUin Virtue of them, and not other-
wife, one is continued in the Dominion and in the Poffeffion :But be-
caufe every one agrees in this, i'le go no further, only I (hall add as
for a Corrollary, which is clearly refolved from hence and without
Difficulty, whether the Exemptions which Ecclefiaftical PoflelTions have. Exemptions,
are by Jure Divino, or humano'-y Seeing thatPoffeffing and the manner
of Poflefling proceed alwayes from the fame Law 5 and the Jurifeon-
fiilts lay, that from thence proceeds the Bondage, or the Freedom of
Efiates in Land, from whence alfo Dominion is derived. It would be 79«
a great Contradiftion to fay, that the Church Ihould have a PolTeffi-
on (Jure Vfneto) by the Right or Law of Venice, which Ihould have
a Liberty (alio Jure^ by another Law.
But as touching there are two opinions, one of t\\GCanoniJls, Tythcs.
the other of the Divines, and of the CanoniUs who together ftudy Di-
vine Scripture.
The Canonilis lay that Tythes are Jure Divino, becaufe in the old
Teftament God gave Tythe unto the Levites, as the Holy Scripture Re-
lates, and 'tis no wonder that they lay lb, becaufe they are not verfed
in the Readings of the Sacred Biooks, their Profellion not being to un-
derftand the Myfteries of Chriftian Religion, which is that God gave
by Mfljes to the JewiJh People the Law, which as to Ceremonial and Ju-
dicial things, was proper to that Nation until the who
was to take away the obligatory Power of it, lb that the Law oCTythes
is indeed Mofaically Divine, but not a Law Naturally Divine, nor Chri- 80.
fiian, and it obliged only that People at that time, now it obligeth
none. He that Governs a Common Wealth, may make Laws like unto
thofe, but they lhall not oblige as Divine, neither ought they to be
called fuch, but Civil Laws of the Prince who Conftitutes them 5 there
was a Mojaical Divine Law, that a Blajphemer fhould be put to Death,
this obligeth us not now, neither doth helin who-kills lumnot, and the
Prince may impofe a Capital punilhment fot Blalphemy, and it would
be juft, and ought to beobferved, but it fhould not therefore be called
a Divine Law, although God gave it formerly to the Hebrew People,
but a Politick Law of the Prince. In thefe and in many other occur-
rences where thefe men alledge the old Scripture for their Intereft, fub-
joyning thereunto that it is de Jure Divino, it-behooveth to diftinguilh
their Equivocation, that That which is de Jure Divino Natural or Chri-'
Jiian,
24
of Beneficiary Matters
Uian^ obligeth uf^ but that which is de Jure Divwo Mofiical obligeth
us not, and he that hath a Government making a Statute like unto
that, it is de Jure Humauo.
N. 81. I cannot forbear Ciying, that they deal not in this manner out of ig-
yiis Divinm. norancc, but to deceive the incautelous, and to ftrengthen their own
Affairs, by and with the Name of Jus Divimtm^ and to give it Repu^
ration, but they may be convinced here, and have their mouths ftopt^
T tli« Conteft of the Scripture where God commands Tythe (hould
be given to the Levites^ he Commands alfo that they jJwuld not Pojfcfi any
Land^ and that they (hould be contented with the Tythes. If by this
Precept the People be (de Jure Divino) obliged to give them the Tythes,
they (hall be obliged to have no Pofleffions.
But befides^ God Commanded the Tythes only of the Frttits of the
Earth, and the Canon Laws (ay, they muft be paid alfo out of Mer-
chandize,out of the Militia, out of Hunting,and out of whatfoever Han-
dy-work whereby gain is made. If God gave the Hebrew People Com-
mand for Predial Tythes only, they are forced to fay the Perfonal is
82. not commanded but by humane Law. The Divines (for I name never
a one in Particular, becaufe none is excluded) and many Canonifts with
them fay unanimoufly, it is a Precept of Divine natural Law, that the
Minifter of Religion (hould live by his Office, which he affords by ferv-
ing the People in Divine things, and that it isa (^cial Precept of Ghrifl:
our Lord in the Gofpel, that the Minifter who ferves the People in
Preaching the Word of God, and in Eccleliaftical Miniftry, (hould be
furnilhed with a Livelyhood, in what quantity is not determined, be-
cau(e that according to the number of Perfons, and according to the
Condition of Places and of Times, abounding at one time, and want-
ing at another, fo that allowing a jhare to the Minijler of Chrili, is de
Jure Divino. But that this (hare (hould be a Tenth, or a Twenty eth,
or a greater or a leffer Proportion, this is eftablifhed by humane Law or
by Cuftom, which are of equal value. And when 'tis Read in any
Decretals, that God hath inftituted Tythe, or that the Tythe is de Jure
Divino, they mean a part determined, for one undetermined, meaning
Tythe to bJe that (hare, which is requifite and neceflary, or elle that
God hath inftituted Tythe in the old Teftament, after the manner that
the Law hath inftituted the fame in the new Teftament. Wherefore we
may generally (ay, that Ecclejtallical EJiates of whatfoever kind they be^
are m under the Dominion of him who is Patron thereof, and are po(ie(^
(ed by humane Laws. Neither doth any man make a doubt concern-
ing this undetermined (hare, which is requifite or due by a Divine, Na-
tural, and Evangelical Law, becaule as Lawyers obferve well, there is a
difference in a thing being due or requifite, and in having a Dominion >
the thing whereof one hath a Dominion, may be claimed direftly in
Judicature or Judgment (as they fay J A^ioneReiVindicationk, neither
is he to be fatisfied by giving him an equal valuer but the Creditor
only may by perfonal Aftion require his Debt, the Debtor being obli-
ged to give him fo much, but this man no more than that.
By this Refolution it remains alfo eafily decided, whether Benefices
or Livings are de Jure Divino, or de Jure Pqfitivol becau(e Eftates in
Land and Tythes being Pt^Ieffed de Jure Humano, the Benefices alfo
being grounded upon them, will have the Power of the fame Law,
befides one may certific ones (elf hereof more eafily from the things a-
bovefaid; For if the Church hath been (b many years with Eftates en-
hy Fra Paolo Sarpi.
✓
joy d in Common, and not divided into Benefices as is above-mention-
ed, it is an evident thing that Benefices have been Created by men in pro-
grefs of time, and in this all agree- I will not enlarge my felf further,
only (hall fay, that if thefe Confiderations feem fomewhat fubtil, yet
they are neceflary, as the following matters (ball declare.
From the Rcfolution of the firfl Queftion, it would be clear what to
Anfwer unto the fecond, by him that hath the Dominion of Church
Goods (I mean of Eftates in Land, becaufe of Fruits fhall befpoken
of in its place, which is the fourth Queftion) for if they be Poileffed
by Humane Laws, there remains but to fee unto whom thefe Laws N. 85.
hath granted them. Some fay, that thefe Goods are from God, and
without doubt tliey fay true, becaufe Divine Scripture fayes plainly, all
the Earth is the Lords and the fulnefs thereof. But in this manner all
things are from God, and no more thefe Goods, than any others, the
Divine is a kind of IJniverful Do^/inion, another Dominion hath eve-
ry Prince who is Supreaminhis State, which according to Seneca ma.j
be called. Dominion of Empire, or elfe according to the Doftrine of
the ^unCconfuhi Dominion of Prote^ion, and of JnriJdi&ion : Another,
each private man hath, which is the Dominion of Propriety, whereof
we fpeak, and wherein we now make enquiry 5 one cannot fay that
God hath the univerfal Dominion of all things, but that he hath there-
with the Propriety of thofe Goods, as the l&ng hath the univerfal in
all the Kingdom, and neverthelefs he poflelleth in Private, and hath the
Propriety of that Portion which belongs to his own Houfe. Where- S6.
fore one may make an Addition to the univerfal Dominion of the
Prince, with the Particular of Propriety, whereby it encreafeth, and
is Augmented 5 but Gods Dominion hath an univerfality fb excellent
and fb infinite, that it can receive no Addition, and repugneth to be
particularized, as it alfb repugneth to be Communicated to any Crea-
ture whatfoever, therefore no man can fay, God being Mafter ofthefe
Goods, I who have the fame Tribunal, the fame Confiftory, and the
fame Court as he, I am Mafter alfb, but rather he is no lefsa Servant
of whomfbever is leaft.
Notwithftanding others vending or uttering freely without fear, fay, Pope Difpen-
that the Pope is Mafter and hath the Dominion, and this they prove
by the Decretal of Clement the /^th, that the Plenary Difpofition of all
Benefices belongs to them.
St. Thomas oppofeth himfelf to this opinion, in faying, that the Pope
indeed may call himfelf chief Difpenfator, but in no wife may he be
called, either Mafter, or Pofleflbr, which Doftrine Cardinal Gaeta- 87;
nus explaineth, adding that the Pope cannot give, nor in any wife dif-
pofe of Ecclefiaftical Goods, but only do with them as much as may
be done, being upon the Term of Difpenfator.
And Gaetanus's Reafbn is very clear and Efficacious, thefe Goods
were at firft belonging to a Mafter, who hath transferred his Dominion
by Donation or by Teftament, but none of thefe had ever Intention
to give or leave to the Pope, therefore the Dominion hath not pafled
unto him 5 wherefore the fame Gaetanus and Adrian 6th Pope fay, that
the Dominion of Eftates is in the Church, that k in Generality or Dni-
verfality of the Faithful of the place, to which the Goods or Eftates \i
^ left, fb that the Dominion of the Goods of the Roman Church, is in
the Univerfality of the Romans. 'Tis known by all, that Univerfality
in Right is like a Perfon capable of Pofiefiing, in which manner it isf
E faid
I I mill ^ • -t
Of Beneficiary Matters
laid, liich a thing is common to the City, that is, no mans in particular
but all mens together.
N. 88. They leave many Wills after this manner, as I leave to the School of
St. Racco^ to the Monaftery of the Fryers, &c. This Doftrineis very
well Confirmed by the Antient Cuftom of the Church, and by the
manner of fpcaking of the Canons : There is no doubt, that if they
were to denominate Eftates in Land by the name of a Perfon, they
would denominate it from him who hath the Dominion, but all the
Canons and the Antient Cuftom calls them Church Latids or Goods.,
therefore Ihehath the Dominion of them, neither have thofe any other
opinion who fay thefe Goods are Chrifts, becaufc all the Chriftian
Churches from moft Antient times have been denominated, not only
from the name of the City, but alfo from the name of him who hath
been the firft and the moft famous BiftiOp therein, as the Roma?i is called
St. Refers, that of Alexandria St. Marks, that of Ravenna St. Ajfolli-
flares 5 whereupon the Lands of thofe Churches took the name of the
lame Saints, and the Lands of the Roman Church are called St. Peters 5
8^. wherefore thefe kind of Phrafes are Readamongft all the Antient Wri-
ters, viz. St. Peters Patrimony, St. Peters Lands, the Poffeffions of St.
Peter'-) the Patrimony of St. ApoUinare, the PvevenueofSt. ApoUinare,SLC.
And becaufe Chrift is univerfal Head and Proteftor of all Churches,
that which belongs to the univerfel Church, and to any particular Church,
is called Chri^s Patrimony, Chrifts Goods or Lands, ^c. which lignifies
fo much as belonging to the Church, whofeHcad Chrift is: Not other-
wife, that the Lands of the Republick of Venice are called St. Marks,.
that is, belonging to that Republiclt. which bears St Marks name. And
. truly that univermlity of the Church, was Miftrefs of all that was gain-
ed when the Clergy-men in each Diocels were in Common, becaufe all
Donations, and all Teftaments were made thereunto. Certain it is,
that thefe Eftates were not, neither could they be Purchafed, but by
him to whom the Law granted the Power of Purchafing, but the Laws
of Conjiantine, granted that Donations might be made to the Chriftian
Colledges, that is, to the univerfality of the Chriftians which were in
Cities, then the Dominion belonged to thofe Colledges, but after the
divisions were made, and the Benefices Inftituted, Legacies or Donati-
ons were made unto particular Churches, or rather for the moft part,
for fome particular Pious work in thofe Churches, wherefore it cannot
be faid, who is the Mafter of any thing whatfoever, without feeing
the Bequeathing of the Wills and of the Donors, whereto we being
to fpeak fundamentally, we can fay no more, but that Prelates, and other
Clergy-men, are the Governors, Adminijirators, and Difpenfators of the
Church Goods, to do theremth according to the Bequeft of the Donor
or the Leaver, and nototherwife, and that Perfon is Mafter either Par-
ticular or General in favour of whom the Donation or the Legacy was
made. Wherefore alfo every Reftor of a Church ought to fee dili-
gently after the obligations left him to perform, and if it be done other-
wife, it muft be imputed to humane Imperfedion, no man can be per-
^ I. Evaded that through length of time, he may have a Prefcription, be-
caufethat Prefuppofeth a good Faith which never was in any man, eve-
ry one knowing in his Confcience, that thofe goods were not left to be
done with, as^they do.
But in whofe Dominion ftiall thofe Church-Lands be, whofe Inftftu-
fion is not known > The Ngtuwl and the Civil Law is, that in thofe
whofe
^74
by Fra Paolo Sarpi. 27
fvhofe private Patron or Maftex hath totally failed, the Commnmty
Jhall Succeedj therefore the Church muft remain Miftreli thereof So
that in few words men who are beneficed, are Dijpenfators of the Goods
of the Benefices, But Masier he is not in favour of him who made the
Donation or the Will, and if it be not known, the Church remains
MHfrefi.
Tis no obftacle hereunto^ that there be Princes Laws and .Ecclefi-
aftical, which forbid Alienation, for the Pupill is true Mafter of his
own, and yet he cannot Alienate, Dominion Right of doing what
one will with a thing, when the Law permits, which binds feme fort of '
Perfons with Conditions, who have need of the Government of others,
fuch is ZJnwerJity or Community.
No man ought to wonder, if Co many modern Writers in fuch like
Queftions as in this, which makes the Pope abfilnte Majier of all the
Benefices, and of all Ecclefiaftical Eftates^ do defend Opinions contrary
to Antiquity, and contraty to thofe Inftitutions which had their Rife
from the ApoUles themfelves, and from Apojiolical men^ becaufe that as
St. Cyprian very fenfibly Complained, that it is one of the Imperfedi-
ons of man, that whereas Cuftoms Ihould be Conformable to good
Doftrine and to Laws, on the contrary, thcDoftrineof Interefled men
accommodates it felf to the Cuftomes, and it is obfervable, that in all
the courfe of lb many Ages, there hath been no Novelty introduced,
even concerning Religion, but immediately it hath met with De-
fenders.
What a wonder will it be, that this Ihould happen in thofe Novel* 93^'
ties and Introduftions, which ferve for Wealth, Eafe, and humane Con-
cerns whereunto many may afpire ?
The Confufion which was in Italy in Politick Affairs, by reafbnoffb
many Kings and Emperors which were made in thofe times, caufed alfb
an extream diforder in other Cities about Ecclefiaftical Affairs, Bifhops
and Abbots being fbmetimes made by Princes, and fbmetimes intruded
by their own Power, and other Ecclefiaftical Minifters likewife were
fbmetimes made, by thofe who bore fway in the Cities, and fometimes by
Bifhops 5 and now and then Benejiceswere Poffeffed by him who had
Power or popular Favour.
In the year 963, Otho a Saxon brought his Arras into Italy, and be-
came Mafter of it, and to give Form unto the Government, he Affem*
•bled a little Council of Bifhops, deprived Pope John 12th, who being
made Pope in his Minority under the Age of 18, by the chief of the
Roman Nobility, and by a great Concourfe in that City;, and lived in
the Popedome, Committing Adulteries, Perjuries, and other iiireligious
Cuftomes, Otho made him to be renounced by the People, and by Pope
Leo the Sth, Created by him inftead of John : The Authority of creat-
ing the Pope, and the other Bifhops in Italy, he retained, ,and his Son
and his Nephew of the feme name, unto the year looi, for thefpace
of 36 years, and during the number of trrelve Popes whichwere in that
time. Two of them were Created quietly by the Prince, the others
in Seditions, for which caufe the firft carryed one Prifbnerinto
Germany, and Otho the third carryed another 5 one was ftrangled by
him, who had a mind to be made in his Room 5 one run away having;
Robb'd the Treafiiry of the Church Ornaments, and another withdrew
himfelf into a voluntary Exile, fb that in tliefe years we meet with ^
Popes, yet as Baronius faith, they are in the Catalogue only to fill up
E 3 the
28
Of Beneficiary Matters
the Number, for as to the Reft, the Omxrch. had no other head but Christ*
9 5. The other Biftiops and the Abbots were Created by the Emperors with-
out any Contradiftion, and the manner was that when a Bijhop dyed^
his Croder-Staffmd his Ring were carryed to the Emperor, who having
determ'ined on whom to beftow the Benefice, he invefted him by gi-
ving him the Ring and the Staffy^on Receiving of which Tokens he
went into Poffeffion, and got himfelf Conjecrated by his Metropolitan,
or by the Neighbouring Biftiops, which Cuftom was obierved alfo in
France and in Germany : Other fmaller Benefices were Conferf d by the
BiJfjopsov by the Abbots vxid^r whom they were, unleE the Prince No-
minated any one to a Vacant Benefice : For tofiich a one it was given
without any Reply, or if he were Recommended by the Prince to have
a Benefice when it fliould be Vacant, who by reafon of that Expeda-
tion granted by the Prince, came to be provided by the Biftiop with the
firft Vacancy : Thus did the Otho's Govern without Contradiftion from
the Popes, although the fccond of them dwelt a very long time in Rome,
where he dyed alfo, and was buryed.
gd. After the Death of the Othos, there was preferved among the Sue-
ceeding Emperors, the lame Power of Beftowing of Bifhopricks and'
Abbeys, and alfo of Nominating unto inferior Benefices, or elfe of gi-
-ving Expettancies of Benefices which were to become Vacant. Indeed
the Imperial Authority diminiflaing in Rome, the Confufions returned
into that Church,for the People having reajfumed the Authority of Electing
the Pope, and chofe three of them quietly, BenediQus, OCfavus, and
^ohn the 20th, Brethren were Elected one after another with fome fhew
of Fa&on, and this laft being dead, BenediHus J^th their Nephew was
Chojen at 12 years of Age, who befides many other Excefles, fold a part
of the Popedome to one Sylvefter the ^d, and another part to Gregory
6th, and all three fate in Rome at the fame time with much Confufion,
chiefly that this Gregory having Armed himfelf with Souldiers, .jFoot
97. and Horfe, and with great daughter gotten the Pofleflionof St. Peters
Church,he enlarged his Part by Arms 5 wherefore the Emperor Henry the
Blacti, went into Italy, put BenediHus to Flight, font SylveUer away,
Banilhed Gregory into Germany, and deprived the People of Rome of the
Poroer of ma^ng any more Popes. And he made three Popes (ucceflive-
ly, all Germans by Nation, who being chofen by the Emperor, took
upon them the Pontifical Habit and Enfigns without any thing elfe 5 the
third who was Brunus Bijhop of Zul, having by the Emperors Deputa-
tion taken upon him the Habit in Triftnga, and therewith taken his
Journey as far as Clugni, Hildebrand a Monk Fofter-Son of St. Peters
Church in Rome, a man of Angular fubtilty, would by Art reftore the
Eleftion to the Romans, Counfell'd Brunus, who Cloathed in his Pon-
tifical Habit, was call'd Leo (yth, to Cloath himfelf like a Pilgrim, and
fo to go to Rome, and that he would be more acceptable to the Roman
People Leo Confented, and entred Rome in a Pilgrims Habit, and by
08 the Suggeftion of Hildebrand was Proclaimed Pope of Rome by the Peo-
pie--, But this Art did not prevent the Emperor,when Leo was dead, from
chufing in Mentz, Geberard of Aichliat, who immediately pqt on the
Habit, and was called VeBor the Jecond y the Emperor then did not only
beftow Benefices, but alfo made Conftitutions againft thofe who obtain-
ed them by Symonie, Pardoning the Errors Committed until that rime,
and Impofing Penalties for the Future.
Henry
by Fra Paolo Sarpi.
29
Hewy the dying, left the Empire to his Son, He^iry the
who Succeeded him in a tender Age, during vvhofe Minority, although
the Popes were Created by the Confent of the Emperors Tutors, and
the Bifliops and the Abbots were Invefted by him with the Rif/g and the
Crazier Stajf^ the Popes neverthelefs making ufe of the Occafion, gain-
ed by little and a little fome greater Liberty, adhering alfo to one
fide or party of the Tutors, who differ d about them, and made Fadi-
ens, whereupon Nicolas 2d, made a Conftitution about the Eleftionof 99*^
the Pope, Ordaining it fhould firft pals through the Cardinal Bijhops,
then fhould be propofed to the Cardinal Clergy-men, in the third place
to the Clergy and to the People, and in the fourth place the Emperors
Confent fhould be fought for, in which manner Alexander 2d, .his Sue-
ceiibr being Elefted, the Emperor would not Confirm him, nor accept
of the Excufe which the Cardinals fent by one of them to make by Em-
bafiy, faying it was done to avoid a fharp Civil Diflention, but all
with great Ref^d: to the Emperor the Eleded being his Friend 5 yet
the Emperor chofe the Bijhop of Parma for Pope upon the Inftance of
Gerard of Parma his Chancellor. But three years after, the Affairs of
the Imperial Court being altered, and Gerard the Chancellor Depofed,
the Bipjop of Parma was alfb Depojed from the Popedome, and Alexander
accepted, who in the year 1072, there being made in Germany a Con-
fpiracy of the Bavarians and Saxonians againft the Emperor, he joyn-
ed with them and entred into the League,and the year following cited
the Emperor unto Rome, as imputed of Simony for having conferfd Bi-
Ihopricks for Money. The Pontifical Adion was much admired, never
any Pope having come fb far, but it fbon paffed under filence by the
death of the Pope, after whom Gregory jth, a Monk of Sienna attained
the Popedome, who was Hildebrand above Nominated by the Empe-
ror, but in the year 1076, having been three years in the Popedome,
finding the Emperor yet young, and Germany full of Commotions, he
deliberated to exclude him totally from the Eledion of Bijhops and
Abbots, and made him a Monitory, that for the Future he ought not
to intrude therein 5 the Emperor made a great Refiftance, whereupon
the Pope Excommunicated him, abfblved his Subjeds from the Oath of
Fidelity, and fu^nded him from the Adminiflration of the Kingdom
of Italy, and of Germany : He Excommunicated alfo the Bifhops his
Minifters, Colleagud himfelf with his Rebels, provoked the Emperors
own Mother againft her Son, and during the time which lafted until the
year 1085, when the Pope dyed in Banijhment at Salerno, he Excom- jqj^
municated the Emperor four times, and made a general Decree, that if
any Clergy-man fhould receive a Bifhoprick or an Abbey from a Lay-
mans hand, he fhould be accounted no Clergy-man by any one, and
fhould be deprived from entring into the Church, and the like fbr him
who fhall receive other Benefices, unto which Penalty he Subieded alfb
the Emperor, the King, the Dukp-, the Marquejs, and the Earl'-, and
every Power or Peribn Secular that fhould dare to invefi mth Be^
ttefices.
The ^Emperor maintained his Caufe by his Arms, againft the Pope
and his Colleagues, and was followed by moft part of the Bifhops;
Whereupon the Pope was in a grievous Danger; but he who had for-
merly Excommunicated the Normans as Ufiirpers of the Kingdoms of
Sicily and Puglia, had Recourfe to their Afliftance, granted them all
that fbr which he had Perfecutcd them, and abfblved them from the
Excommu-
50
Of Beneficiary Matters
ExGommunication 5 and if for this Caufe Robert Kwg of Naples^ and
of Sicily^ who heretofore was a Perfecutor of the Popes, had not turn-
N. 102. ed to his Defence, to make a Counterballance to the Emperor, he had
maintained his Caufe with a total Viftory, but by the help of Robert
the Pope was fupported, although in Exile 3 and he being dead in his
Affiftance and three Rogers of the fame Family, the fame Contention
continued likewife with the two Succeflors of Gregory^ both Monks of
,the fame order, thelaftof which was Urban 2^ who in Reward ofthe
Services done by the PJormans^ gave one of them a BhI/ for the Monar-*
chy of Sicily^ really granting them a greater management in the Affairs
of the Church, than that he would take from the Emperor : Which to
do, befidesthe Excommunications he often repeated againft the Empe-
ror, and the Rebellions he ftirfd up againft him, making his Eldeft .Son
to Rebel againft him alfo, and by his means excluded the Emperor al-
moft out of Italy. But he being dead, the Pope who Succeeded, re-
peated the Excommunications againft the Emperor, • and raifed many
Rebellions, making his other don to Rebel alfo, with whom the Father
engaged in War, one time overcome, and another time Viftorious,
came finally to conditions of Agreement wherein he was cheated, and
reduced to a Private Life, left the Empire to his Son, who was called
Henry.
Henry 4M being dead, Pafihat^ for fo Was called the 4^/6 Pope amongft
them, for beginning from Gregory yth^ they fought with Excommuni-
cations and fpiritual Weapons, for the taking away of the Inveftiture
ofBifhops, and Abbies from the Emperor 3 he aflembled a Council at
Gnajlal/a, and then at Troyes in France, and renewed in them both the
Decrees of Gregory yth, and of Urban 2d, that no Lay-man fliould
hinder the Conferring of Benefices. In France the Decree was not ac-^
cepted by the King, but he continued according to Cuftom, and alfo
the Emperor Henry 2d the Son oppofed it, who in the year 1110 came
Armed into Italy, for the Crown of the Empire, to which the Pope
having oppofed himfelf by Controverfiesdepending between them,they
104. agreed th^t Henry Ihould go to Rome for the Crown, put the Contro-
vcrfie of Inveftitures to filence, neither party being to fpeak of them.
Henry went to Rome, where Pope Pafchal appearing to him to be Su-
periorin ftrength, not remaining firm in the Conditions, he would have
him to renounce the Invejiitures, and Henry confiding in his bold Forces,
propofed on the contrary, that the Pope ftiould revoke the Decrees,
laying, he would not be inferior to Charlemain, Ludovkits Pius, and
other Emperors who had given the Inveftitures Peaceably and quietly3
whereupon the Contentions encreafing,. the Emperor took the Pope
Prijbner, and the moft part of the Cardinals, carrying them from the
City 3 an Accommodation was treated on, and finally the Pope agreed
to Crown him, and to let him have the Conferring of Benefices, with-
out Excommunicating him for it, and he Swore to the obfervation
of the Agreement, and the Mafs being Celebrated, the Pope divided the
105. Wafer, and with one half he Communicated himfelf, and the Empe-
ror with the other half, making Curfed and dreadful Imprecations,
for which of them fhould be a Violater of the Agreement.
The Pope gone back to Rome, faid he would obfei vc the Agreement,
but yet his Legates Excommunicated the Emperor and he two years
after in 1112. Call'd a Council, Confirmed the Decrees of Gregory and
Urban, that no man ftiould receive Invejiitures from Lay-men, and
caufcd
by Vxdi Paolo Sarpi. 31
caufed the Council to annull the Agreement made with the Emperor,
and finally in iii6, Excommunicated him befides. Pajcal dyed, and
Gelaflus the 2d Succeeded him at firft, then Cdisio the 2d, with whom
the Contention lafted, and by whom and by all of them the Emperor
was Succeffively Excommunicated. Thefe three Popes did not only
make ufe of Excommunicating,but alfoftirr'd up many Seditions againft
the Emperor. The chief of one was Lotharius a Saxon^ who took up
Arms, and had many Viftoriesi finally in the year 1122. He?2ry per-
ceiving himfelf in fo many difficulties, renounced the Inveftiture, and N. ic6,
a Tumult was appealed which had lafted 56 years, under .S/jc Popes, by
Excommunicating an infinite number of Perfons, both Ecclefiaftical
and Civil, who adhered to the Emperor, and by the Death of num-
berlefs Perfons on both fides, in threefiore Battels fought by Henry the
Father, and in eighteen fought by Henry the Son ^ tant<e Molis erat,lto
lay the Foundations of that Building, which we have feen brought up
to the Top of the Battlements, whereof we are tofpeak.
In the Occurrence abovefaid happened between Pajcal, and Henry,
the Judgment of the World was various, fome faying, that the Afient
yielded unto by the Pope was Nu//, as done out of fear, finding himfelf
and fo many Cardinals in the Emperors hand, and therefore with Rea-
fon Pajcal oppofed him, and ceafed from obferving it : But on the
other fide, it was faid, that if the Popes Aflent were invalid for being
extorted with Fear, no lefs ought to be held for invalid the Aflent 107.
yielded to by the Emperor, for Fear of fo many Excommunications and
Anathema's, of fo many Rebellions and Machinations 5 for which caufe
he is fiibjeft to reftore that which is done for Fear of Imprifonment
and not that which is done for Fear of Anathema's, and for Fear of fee-
ing all his Dominions and People in Confufion, and in Civil Wars.
Some men in Counfel in the prefence of Pajcal, made ufe of this Di-
lemma if the Decree, and the En// of his, by which he granted Inve-
ftiturc unto the Emperor were Lawful, they ought to be obferved, if
they were unjuft, and as fome fay Heretical, then was the Pope Author
alfo Heretical, and unjuft : 'Tis true indeed, that a thing jufl and due
although done out of Fear, is valid, and that no man whatfbever is
blamelefs, if for any hind of Fear he afteth contrary to the Law of
God.
The Contention of the Popes with the Emperors, about this matter
of giving Inveftiture of Bifhopricks and Abbeys, ftopt not only in Italy
and Germany, Kingdoms of the Emperor, but in the fame times alfo in io8»
France, fome of the Bifhops ftirr'd up by Example, and through Intereft,
oppofed the King for the fame caufe 5 but becaufe all were not agreed
to make a League with the Pope againft the King, the King for the
«ioft part overcame him, and the Popes were content to gain that
by little and little, which was Impofiible for them to do allat once '
together.
In England the King having alwayes conferr'd Bifhopricks, and Ab-
beys, in the year 1102, Anjelm Arch-Bijhop of Canterbury refufed to
Confecrate the Bifhops provided by the King, he adhering to the Decrees
made by the Popes, and the Contention lafted many years, the King
maintaining his Authority, and the Arch-Bifhop by the help of the
Pope defending his Oppofition 3 the King believed himfelf able to per-
ftvadethe Pope to that which he reputed Juft, therefore he fent an Am-
baflador, who received fuch rough Anfwers and Threatnings from the
T ^7 9
32
Of Beneficiary Matters
N. 109.
l?ope^ that to take off his Edge, the Ambaflador thought fit to tell him,
the would not lofe his Authority, although he were to lofe his
Kingdom, to which the Pope replyed with no lels boldneis that he would
not permit it, although he were to lofe his Head,
The K.hig remained Conftant, and it behooved Anjelm to depart the
Kingdom, incapable of returning,without Confenting to the King's Will.
But the iiwg dying without Heirs-Male, and (bme Civil Wars happen-
ing, 'twas eafie for the Clergy-men to prevail, and to introduce That
into 'England^ which had been introduced in the Empire, where after
the Ceffion of Henry^ of which hath been (poken, the Pope obtained
his intent; true it is, that in the year 1132, Lot harms the Saxon Sue-
ceflor of Henry the 'yth Emperor^ being fought to by Innocent the 2dy
engaged in a Schifin, that he would acknowledge him for Pope^ and
not his Adverfary; refufed to doit, unlefsthe Inveftitures Renounced
by Henry were reftored to him, and perhaps the Pope would have grant-
ed them, but St. Bernard very intimate with Lotharius periwaded him
to defift, propofingto his Confideration, that he having made War a-
gainft Henry his PredecelTor and Lord, upon Pope Pafchals Inftance
no. for that caufe, afterwards to be willing to makehimfelf a Defender of
Henrys Pretention, was to declare himfelf a Rebel, and that he had
made War againft his Lord, while he was defending a juft Caufe.
That which ufually happens after great Viftories, namely when all
the Forces of the Enemy are not Extinct, the Fragments or the Re-
mainder of the overcome Party, oftentimes fpring up again with old
Pretenfions, which the prudent Vainquifher temporizeth dexteroufly,
rather than oppofe himfelf openly by renewing a War, fo it fell out in
thefe prefent occafions.
The Popes not being able to have the Vidory, of fuch a great Pre-
tention fo entirely, but that in fome Places, fome Benefices would re-
main in the Power of the Laity, and that a Prince fometimes for fome
Neceffity of his Government, without Regard to the Pope, would be-
ftow fome Bilhoprick after the firft manner ; There remained in France
the Regalia, which is a Right of the King to Confer all fingle Benefi-
ces Vacant by the death of the Bifhops, until the Succeffor be Crea-
ted; There remained in Germany a Right of the Emperors, of giving
only one of the Canon-pips in many Churches, and fo divers particular
Authorities were retained by fome Princes.
The Popes that they might not fby Contending for thefe particular
ufes) renew the Contention with hazard of lofing the whole, or elfe
by letting them run on, they might do prejudice to the general Caufe,
thought it requifite to make Provifion, both by Negotiation and Art.
They found a Temperament or Complyance,by caufing the Canonifts
and other Scribes depending on them, to Write that thefe Princes en-
joy'd that Authority, through Priviledge granted by the Pope : This
ferved the Popes for a Reputation, to make appear that Princes had no
Right, but by their grace and favour, and aflured them alfo that they
might pretend further, and 'twas eafily pafled over by the Princes, to
whom it feemed, that it was tofecure them from the Moleffations which
the Popes might give them, and by adding an Ecclefiaftical Title to
their own Poifeffion, make it more fecure. But the Event fhew'd that
to be Poyfon, which was efteemed Phyfick ; For about 1300, Boni-
face the 8th, exercifed (harp Contentions with Philip the fair of France,
that he fhould yield up the Authority of the ECegalias abovefaid, and
. . ' they
III.
112
^
by Fra Paolo Sarpi. 3 3
they proceeded fo far, that this Kingdom was expofed to great Danger,
by Excoffimimcatiotjs and Interdi&iom, by depriving the King, and by
granting the Kingdom to Albert the Emperor. At firft when 'twas af-
fented to, it was not well thought of^ to whole account it would turn
by the Apoftolical granting to preferve that which was the Princes Pe-
culiar 5 For the Popes fince pretend they can revoke the Priviledges
granted by their Predecedbrs, even Vv?ithout a caule, though indeed
they never want Pretexts to feign a caufe, and wholever Polleifeth by
a Title of his own, and is content to acknowledge it for another mans
Favour, is like him who leaving his own ground, goes to build on a-
nother mans.
But on the other fide when fbme Prince having broken Patience, con- j j
ferred Ibme principal Benefice, which the Kings of E»glaf?d and of Si^
cily oftentimes did, the Popes not to engage in Contentions, laid no-
thing more to the Prince, but not to let themfelves be prejudiced, they
wrought by Pradiles through the Monks means, that the Eleded Ihould
renounce into the Popes hand, promifing him he ihould be invefted by
the Pope^ and lb Ihould have that quietly, wherewith if he had not
been contented, the Pope would have oppofed it, and brought all into
difficulty.
Of thele Pradifes then ufed frequently by the Popes^ FloreKti/ss of
Wingerin and Ivo Carmtetzfis^ who were W titers in thole times, make
a long Kelation, as of a thing ufually done in Germany and in France^
with this Form of Words, that tke Popes took^rpith one hand^ dzzd gave a-
gain with the other. This agreement was ealily accepted, as that which
freed one from Trouble and Moleftation, and the fame King if he jj.
came to refled afterwards, whether he paft it as a thing which made
no Alteration in effed, without confidering, that it might import for the
Future : Which manner they now make ule of againft the Catholick
Bijhops in Germany., who do not obey their Refervations, as lhall be
l^ken of in its place.
In Spain the quiet and prudent Difpofition of the Nation, together
with the good Government of the Kings, were caufe that in lb univer-
fal a change they palled it quietly, perhaps fbrwarded hereunto by
theExercile the Saracens gave them, which made them think of re-
maining united to their King, and of living in Quletnels ^ The Kings
never went about fubjeding theClergy more than convenient, and they
never made a League with Strangers, to exempt themfelves from the
Kings more than their due. As Ibon allb as the Kings perceived, that
the Popes of Rome had by Power, by Terror, or by Pradices obtained
Ibmething in other Kingdoms, they endeavour'd to accommodate them- ' uj,
felves according to thofe things, in fuch a manner as might make the
leaft alteration poffible in their Government, for as touching the Cu-
ftom of times paft, the Bithops, and other Ecclefiaftical Minifters were or-
dained according to the Antient Cuftom, the abovelaid Alteration being
made in other Kingdoms and States, they would not lay hold on a
Contention with the Popes, but by a prudent Complyance they were
contented, that no Bilhop Ihould be Ordained without their Confent,
and Alphonjb thebt^, the better to fecurc himfelf (ought for Urban the
Approbation, who granted to the King the JUS PAT RO-
N A TU S of all the Churches in his Kingdom. Thofe Kings have
proceeded quite otherwife than the Germans., French., and EngliJlj^
They were content to acknowledge foranothers fivour that which was
F their
Of Beneficiary Matters
their own, fo that it might ferve to enjoy it more Peaceably j Thefe
liave ftriven that they might not acknowledge their own from another
mans, but all with Prudence.
N. I id. Thefe law there was away to lofe all, and to become Subjecls, be-
caufe the Popes Demand not the utmoft fcope of his Intention, but a
Degree of proceeding further 5 his Subjeds confidered, chiefly the Cler-
gy-men inclinable unto Liberty, not to lay Licence, and therefore
ready to agree with the Stranger, to diminifh the Authority of their
Prince, whereupon they faw it necelTary, that there Ihould be no Door
open, by which they might have Recourfe.
But the Spaniards being confident of the quietnefi of their Subjeds,
liad no Realbn to fear, that fuddenly they would move for a Re-
courfe out of the Kingdom, but confidering the Anxiety of their Af-
fairs in thofe times, they had good caufe to fear, lell: thofe who had
been able to make Subjefts Rebel againft Princes fo much greater than
they,fhould ufo the fame Arts 5 and therefore they refolved moft Pru-
dently, to receive fpeedily that which greater than they were conftraind
to tolerate after much Wars.
117. Now for a Conclufion, In the time which paft between 112 2, that
Henry made his Renuntiation, unto 1145, it was eftablilhed almofl: e-
very where, that the Bilhop being dead, the choice of the Succeflbr
fliould be made by the Chapter of Canons^ and fhouldbe Confirmed by
the lAetropolitan , and if the Abbot were dead, the Eleftion (hould be
made by the Monkp^ and Confirmed by the Bifhop, if the Monaftery
were unexempted : If it were exempted, it fhould be Confirmed by the
Pope : Other Benefices which were de J 7J RE P AT RO N AT Z) S
were Confer d by the Bifhop on the Patron s Prefentation : All others
were at the free Epifcopaldifpofing. The Popedom of Rome remained,
for the Prince being Excluded, it foemed that it ought to return to the
free Election of the People^hi\t from the year II45, Innocent the 2d ha-
ving a Difference with the Romans^ and being driven from the City
^ by them, he in Counter-change deprived them of the Power of chooE
ing the Pope.
In the Troubles which happened for the caufes abovefaid, many Ci-
ties were in an Uproar by the Bifiops Confederate with the Pope, which
n8. revolting from the Emperor, and were headed by the Bilhops, whereby
they obtained the PHblic flncoms^ and the Regal Rights or Dutiesand
when the Differences were Compofod, they had taken fo firm Poflef-
fion, that the Prince was Necefiitated to grant them mFeudo or Feat-
ty^ that, which de FaCto they bad ufurped to themfelves, by which they
acquired alfo the Titles of Dukgs, Marquiffes^ and Earls, as many of
them are in Germany, who remain ftill luch, both in Name, and in
Fact 5 but in Italy, in Name only, which made Clergy-men a great quan-
tity of Secular Goods, and the Augmentation was very notable, not
only during the Troubles of which we' have fpoken, but alfo in thofe
which followed under the Swevian Emperors.
The Monks in this time had intermeddled greatly, in favouring the
undertaking of the Popes againft the Princes, for which they loft Ibme-
what of their Reputation of Holinefs-^ and indeed there was alfo loft
119' much of the Difeipline, and Regular obfervance in Monafteries, becaufe
they intermeddled or crept into the Negotiations of State, and of War,
wherefore their acquiring or purchafing ceafed alfo, unlefs in feme lit-
tic Congregations newly inftituted in Tujcany, who intermedled notin
thefe
^ Fra Paolo Sarpi.
35
thefe Commotions^ but preferved thdr Difcipline, ahd therefore thd
Devotion of the People continuing towards them, they were inftru-
ments of acquiring New Eftates, but yet not many, they being but
few.
But another Occafion happened which caufed great Acquifitions in
the times whereof hath been f^kenj which was the Warfar of the Ho- The holy Wat
Ij Land^ and the heat of zeal was then fo earneft, for going aud for ^^^S^wSfth
contributing to the gaining of it, that men making no account of Goods, trthe Komn-
of Wives, and of Children, engaged themlelves in this Warfar, and
felling their owni, went beyond Sea 5 yea the very Women without ha-
ving R.efped to their Childbearing, fold their Goods to contribute to-
wards the War. The Popes withthdr Priefts, and other Prelates re-
ceived under their Protection the Houfos, and the Affairs of the Cruci-
(fo were called thoie who went to the War) and that brought N. 120,
to the Churches fuch anencreafe, as is wont to bring the being Tutor,
Curate, or a Procurator fbrWiddows, Orphans, and Perfons under
Age 5 neither could the fecular Magiftrate fo much as think of defend-
ing any one, for Terror of the Cenfures which they made ufeof with-
out fparingnefs.
A great Point was added, which Eugeniifs the third Conftituted,
that for this Pious work, every one might alienate the Fee-Farms he
held, which if the Patron could not receive, yet againft his Will they
might be taken by the Churches, which opened a broad way to the
purchafing very largely. It happened alfo that the Popes of Rom
made uje of the Arms prepared for the hot} Land in fome Enterprife,
whereby they augmented the Temporal EJiate of the Roman Church;
And alfo the Popes Legates, and the Bifhops of the place where the
faid Arms were met together to unite themfelves for the Voyage, they
made ufe of them for divers Augmentations of the Churches Tempora-
lity.
There being alfo offered and gathered a great quantity of money, 12!.
taken from the Faithful, efpecially from Women and othets who were
unfit to ferve in the Wars perfonally, likewife to free ones felf from a
voro made^ as alfo to obtain Indulgences and other Grants, all was not
fpent in that War, no doubt but fome Prince might partake of it, but
a notable fhare remained ftill in the hands of the Prelates, whereby Ec-
clefiaftical Affairs made fom^ A^mentation. After this were inftitu-
ted the Military Religions of tWTemplars,HoJpitallars &c. for the defence
of the Temple Built at Jerufalem, for the P/Vgr/'/T/i-who went thither, and
for to fight againfl the Saracens, which although it w^a new thing to
inliitute Religions for the jhedding of blood, yet it ^as received with
fo much Fervor, that in a very fhort time they gained great ftore of
Wealth ; All thefe wayes brought great encreafe offoches to the Church.
There was alfo another way of giving a very notable encreafe to the
Wealth of the Church, or Clergy-men, Reviewing well the matter of 12-2
the Tythes, and where they were not paid, to proceed with Cenfures that
there fhould or ought be paid not only the Predials of the Fruits of
the Earth, but mixt Tythes alfo, which are the Fruits of Cattel, and more^Riches,
likewife the Tythes of Perfonal Induffry and humane Labour.
Unto the Tythes were the fir^ Fruits joyned alfo, which were firff
inflituted by Alexander the 2 A herein imitating the Mojaical Law, which
commanded that People to pay them 5 the quantity of them was not
Effablifhed by Mojes^ but left to . the Arbitrement of the Ofeer.
F 2 The
36
Of Beneficiary Matters
. The afterwards, as St> Hierome Teftifies, determined the quan-
tity, which was not more than the 6oth^ nor lels than the which
indeeed hath been imitated by ours in the moft profitable manner, ha-
ving letled the 40/^, which in our times is called the ^uarteje.
Alexander the about the year 1170, determined that they ftiould
proceed with Excommunications, to caufe the entire payments for the
N. 123. Tythes of Mills to be made, and of Filhing, of Fur, of Wooll, and
of Bees, and that the Tythes of every thing (houldbe paid, before th^
Chafes made for the gathering of the Fruits (houldbe dedufted, and
the 3<s?, in the year 1195, eftablilhed that they (hould proceed
with Excommunications, to cauie payment to be made of the Tythes
not only of the Wine, Corn, Fruits of Trees^ of Gardens, of Sheep,
of Merchandize, of Souldiers pay, of H\inting, but alfo 0f Windmills.
All thefe things are expteffed in the Decretals of the Roniijh Pop^s^ But
the CanoniUs have gone much further, faying, that the Poor are obli-
ged to pay Tythe, for that is given them by Alms in begging at doors,
and that the jKirtoj are bound to pay Tythe of their Gaiflby Whore-
dom, and of fuch other things which the World could not reOeiVe into
ufo.
* were paid unto the Curates, for the fervice which they afford-
ed to the People, in Teaching the word of God, in Adminiftring the
Sacraments, and in performing other Ecclefiaftical Funftions, fo that
124. for thefe Minifteries nothing was paid fome Pious and Rich Perfons
gave if they pleaf^, fomething for the Burying of their dead, or for
receiving the Sacraments, and the cuftom went fofiir, that Cnrtejeroof
turned into a due Debt^ and the quantity how much Was to be paid, was
alfo brought into a Cuftom, and came to ContrOverfies, Secular men
rcfufing to pay any things for the AdminiSiration of the Sacraments^ becauje
they paid Tythes therefore.^ and the Clergy-men denying to perform their
Funftions, unlefi there were given them that which was Cuftomary 5
About the year 1200^ Innocent remedyed this Diforder, by for-
bidding the Clergy indeed from Contracting for any thing for their Ad-
miniftration, and to refute it to thofe who would not pay them, and
commanded theyfhould perform the Functions without more ado. But
after this was done, by (>nfures the Seculars were forced to obfervethe
Laudable Cnllom fas the Pope calls it) in paying that wluch wasufual,
putting a great Difference between forcing laefore-hand by ContraCt,
125. and forcing afterwards by Cenfures, approving this as Lawful, forbid-
ding the other as Simoniacal.
Other wayes Another Novelty was alfo introduced contrary to the old Canons,
of gain. which Contributed much towards their Gain. It -was Prohibited by the
Canons^ to receive any thing by Donation^ or by Will from feveral forts
of Publick Sinners 5 as from Sacrilegious Perfons, from him whore-
mained in Difcord with his own Brother, from Harlots and other fuch
Perfons, all thefe RefpeCts were quite laid afide, and all indifferently
received, efpecially thegreatefl: and moft frequent Legacies and Gifts are
from Harlots, and from Perfons who through difguft with their Relati-
ons, leave or give to the Church. Thus the Popes of Rome ufed great
diligence to help forward the Purchafing, as well as to prefervethePow-
er of EXftributing what was Purchafed, which (as hath been (aid) was
with fo much Labour and fo much Blood, fnatcht or drawn out of the
126. hand of Princes, and reduced to the Clergy. To which all the Ec-
clefiaftkal order, for their own Intereft not only confented, but help-
ed
^ Fra Paolo Sarpi.
ed it by Preaching, and by Writing, alwayes inculcating that it was an
Ujurpation of the People^ and a Tyranny of Princes to have any JJoare of
medling with the DiBrihution of Benefices^ and chiefly with the Ele&ion
of the Pope'-i and incur dayesoneof the Arguments treated on by5ti-
ronius, throughout all his Annals^ with all opportunity and importuni-
ty is this, that it was with an Impious and a Tyrannical Ujitrpation of
thoje Princes and People., to intermeddle in the Ele&ion of Bijhops., and
chiefy of the Popenot conffdering that thebeft Popes have been pro-
vided by Princes, and that alwayes when Clergy-men only have made
the Eleftion, infinite diforders havefprungup: But that which imports
more, is, that Popes of a mofl holy Life, and Emperors of perpetual
memory, have commended that Praftife, and judged it neceflary, nei-
ther can it be now blamed, without flandering two Dozen of holy
Popes, and particularly St. Gregory, and theAntient Doftrines of the N. 127
Councils, and of the holy Fathers. If at firft the Miftery had been
difeovered, whereto would have tended this taking away the Invefti-
rures from Princes, the Clergy would not have been perlwaded unto
Novelty 3 but they believed their own Intereft and liberty were con-
cerned, wherefore the Praftice began of beftowing Benefices in manner
abovefaid, every one in his Diocefs, foftieby theEledion of the Chap-
ters, fbme by Collation or fetling of rheBiftiop 3 andlikcwife the Pope
beftowed thofe in the Diocefs of KomC.^ and medled not with giving Be-
neficesout of his Diocefs, unlefsfometimes in one cafe only, that is, when
any Prelate being gone to Rome, either for Devotion or for Bufinefi
dyed there, and in his company there hapned to be fbme noted Perfbn
of the fame Nation, the Pope immediately Created him in the place of
the Deceafed, and fent him back, writing to the Diocefs, or to the Mo-
naftery. Lamenting the death of the Deceafed, and confblating them
with the fubffitution of the Perfon he had fent them 3 This thing was . o
eafily confented unto, as well becaufe it hapned but rarely or feldom, *
as becaufe it appeared to bc the Popes favour alfb, there being no caufe
of refufing a Perfbn deferving, and of the fame Country 3 but when
the news of the death came to the Place, if the Pope had made no Pro-
vilion already in manner aferefaid, they fVay'd no longer, but provided
of themfelves according to Cuftom. In nothing elje did the Pope med-
die with EcckfaHical Caujes out of the Diocefs of Rome.
The Pope of Rome neverthelefs was very deferving from alltheCIe-
rical order, feeing that fb many Popes with fb much Toyl and Labour,
together with fb much Blood-fhed had gained them that PowTr and
Dominion over Benefices, and excluded the Princes, who from antient
times, and the People who from the beginning had Pojfejfon of that Rigfit,
wherefbre he was held in great efteem by the Bifhops, who fought to
gratifie him all the wayes they could 3 which put the Popes in mind of
dealing with the Bifhops after that manner as the Emperors were wont, i2o,
which was, to reeommend one to them to be provided with a convenL
ent Benefice ; At firft thefe'Requefts feemed very ftrange to thePrin-
ces, they opening a door by which Strangers or Outlandifh men got an
Inlet to be Bencficyed in their Kingdoms, and yet they were favoura-
bly accepted, and anfwered by the Bifhops with gratification, who only
were intent on the Excluding of Princes, never thought that another by
depriving them could affumCto himfclf the fettlement of Benefices. But
Ihortly after through the Profitablenefs which the Court received from
thofe who made Prefents to obtain the Pf/'er favour, and for the Char-
ges
38
Of Beneficiary Matters
131.
ges of Bulls^ they began to multiply the defires and the Recommenda-
tions of" the Pope in fuch a manner, that the Biftiops became deprived
of almoff all Collations : Whereupon they \vere fometimes forced to
pafs without complying with them, the Popes found a Remedy for
this, by adding Commands unto his Requefts, which were obeyed at
IN. 130. but for being too frequent, it conftrained the Bilhops to tranfgrefi
the Command, and without Refped thereunto, orto theCenfuresthere-
in Contained, they made Collations in regard to themfelves and to their
Churches, and it behoov'd the Pope afterwards to be content for a
thing done, and to pardon them, feeing there was no other Reme-
The courfe whereby Benefices were obtained in Rom^ would have
been eafily ftopt, but there was a Remedy invented for it at Court, for
befides the defires and commands, they added an Executor, who ifthe
Bilhop would not confer the Benefice, he was to confer it, and to punifh
the Bifhop befides for Difbbedience. However they uled that Method
but fparingly, and when the B'llhop had been ftubborn. But atlafffbr
a quicker difpatchthey came to yield to Prayers, to the Mandate, and
to Execution altogether. Wherefore the Churches and the Bifhops felt
themfelves much aggrieved, and the Princes and the Nations complain-
ed not only for being deprived of their Faculties, but alfb becaufeby
that means, the Benefices which by amoft antient cuftom were beftow-
ed on the Natives, fell all unto ftrangers, who were at the Court of
Rof^/e^ whereupon oftentimes thofe were made Bifhops and Curates,who
underftood not the Peoples Language, which they were not apt to learn
by reafori of the great Difference, as many Italians who were Benefi-
ced in England^ and the diforder grew fb great that he (chiefly the Cu-
ratej who underftood not the Language of the People, was forbidden
by the Pope of Rom from having any Benefice, referving to himfelf
the Pon>er of Difpenjing^ which did not remove the diforder, but only
encreafed the Charges of the Solliciters or Entreaters, and the Profits
of the Court, they not flicking to give the Reverfions unto ftrangers,
granting them afterwards a Brief of Dijpenfition. But although fuch
ample Authority which the Court of Rom had aflumed to it felf, was
difpleafing to men of good zeal, yet it was moft grateful to a great
number of Clergy-men and other Perfons defirous of Benefices, who
were fubjeft to Canonical Impediments, which rendred them uncapable:
This fort of Perfons no Bifhop durft to promote, as retaining the due
Reverence to the Canons, Neverthelefs that which no man would do,
the Pope did eafily, difpenfing againft Canons and Ecclefiaftical conft'i-
tutions, introducing the faying 5 de Plenitudine PoteSiatis-^ and the lit-
tie claufe, non obflantibus^ (a thing unknown and not heard of in fo
many Ages) which is now put into every Beneficial BuU^ yea the Popes
themfelves in the diftribution of the Benefices of the Roman Churchy
in good time or times of Profperity, made ProfefTion of being great-
er obfervers of the Canons than any other Bifhops 5 and one of the
glories of the holy Popes, as may be feen in St. Leo^ and his Succeflbrs
was the pundtual obfervance of the Canons, lirft by themfelves, then
by others 5 neither ought it to be faid, that thefe were of lefs authori-
ty, but certain it is they were of greater goodnefs and knowledge, and
they durft not do otherwife, than what was permitted unto others,
whereas afterwards every thing was done at Rome, which others durft
not do elfewhere.
St, Barnard
Power ef
Difpenfing.
132.
133.
39
St. Barnard who lived in the firft times of thefelntroduftions,which
although they had not paft fo formerly as happened afterwards, writing
to Engenius., the third, rebukes them fharply, complaining that the City
of Rome was the place, whereto the Ambitious, the" Covetous, the Si-
monifts, the Sacrilegious, the Concubine-keepers, and the Inceftuous
had their Recourfe to cbtain Benefices., for they found none w ho w ould
receive them in other places, Rcme being the only place, which
made that Legal or Lawful, which every w here elfe was reputed un-
lawful.
The PopesthemCdxes could not deny, but that the granting of thefe
Expeftancies or Reverfions were burdenfome to the Churches, yea
Gregory ihe^th C. Mandatem de rejcrip. confefleth it with open words,
wherefore they were reftrained by inferting this little Claufe, If rcekave
not reritten for another., bringing into Cuftome, that every Pope might N. 134.'
grant a Reverfion upon any Church, and no more. Befides they wei e
wont afterwards at their entrance into the Popedom, to revoke all the
Reverfions granted by their PredcceOor, that their own might take
place more eafily, or elfe that thofe who had obtained them, might be
neceffitated to have new ones at new Charges, for to Confirm them
therein 5 as for Eleblive Benefices, which are BiJJjopricky and Abbeys they
gave no Expeftancies or Reverfions, there being no Example of it, for
they had been beftowed by the Princes, but the Court invented other
Modes or Wayes, whereby they often drew the Collation of them to
Rome, fctting forth many Conditions which were necefiarily to be ob-
ferved, before coming to the Eledions, and others in the Celebration
thereof, and requiring divers qualities in the Perfbn of the Eleded, ad- 13$.
ding thereunto, that if any of thefe Were not obferved, the Eledors
were for that time deprived of the Power of Choofing, rvhich devolved
it felf to Rome , Befides this alfb, and for divers Refpeds of the Ele-
dors, or for other Caufes, there arofe amongff them difficulties about
the Eledion, for which caufe one of the Parties would Appeal to Rome,
where moft commonly the wrong was given to both, and the Eledion
made invalid, and the Collation of the Bifhoprick or Abbey for that
time was drawn to Rome. Alfb when the Court heard of a vacancy of
fbme good Bifhoprick or Abbey which had happened,it difpatchedimme-
diately a Letter Preceptory, that there thould be no proceeding to the
Eledion without his knowledge, and with an honeft fhew or colour of
helping or preventing diforders which might happen, he lent a Perfon
to afliff and prefide in the Eledion, through vvhofe means by divers
wayes and managements, the Eledion was made to fill on him, who
was to be the greatefl Benefa&or to Rome.
There happening then for the caufes above written, that few Eledi- ' 13d.
ons of Bifliopricks and of Monafteries were Celebrated, but for fbme
of thefe Refpeds were examined at Rome, whereupon the Pope me-
diated or interpofed himfelf in moft of the fubfcquent Eledions, co-
vering it with the honeft Title of Devolution fbr the publick fervice,
feeing that the ufual Eledors wanted of that which was their due, they
thought it conv^iieht to put to their hand alfb, either by commanding
when it feemed to them, that the Eledors fhould*not come to the E-
ledion without their leave, or that they fhould not chufe, but by the
Counfcl of fome Perfons nominated by them, thus by different wayes
they came to aflume fbme fhare in the Eledions alfb. Thefe methods
Varioufly ufed according to the Exigency of Accidents, had not the
Power
4°
Of Beneficiary Matters
Power of a Law, but of CuHoms, or of Reafonabkttefs unto the year
1227, when the9^^ having confidered how. formed
the Politick of the Empire, Collefted his Relcriptions or E)ecretals and
N. 137. thole of Preceeding Princes into a Book,which was afterwards called the
Thecdodan Codex : And fuSiiman having accommodated the Antient
Laws, 'according to the times then being, and reduced the Decrees of
his Predeceiibrs into a Body, he called them the JuJiiman Codex. So
the fame Gregory the 9/^, framed a Politic, having reduced into a Body
a\l the Refiriptio/^s or Decretals, together with the Accidents which hap-
pened, ferving to the Roman Greatnefs, and having extended that to
a common ufe, which had been eftablifoed for a particular place, and
perhaps for that fpecial cafe only, and having abolifhed others, called
that Book the Decretal of Gregory the <^th, which began to lay the
Foundation, and to eftablifh the Roman Monarchy, chiefly in Beneficial
matters, in which Book there is much more concerning the Edification
of Law-fruits, than concerning the Edification of Souls.
The old Colleftors of Canons, Particularly Gratian, made a CoUe-
ftion of all that he accounted proper to the Papal greatnels, yet not
j-g without Changes, Alterations, and Faljifications alfo of the Places from
whence the Sentences were taken'., and 'twas believed by him hehadraif-
cd that Authority to the greateft height it could attain unto, and for
thofe times he was not miftaken, but Affairs being altered, thatCom-
pilemcnt was not for his purpofe, but after that which he called his
Decree, followed this Decretal, which gave no fatisfaftion neither, but
from time to time as the Popes advanced in Authority, they framed
new Rules for themfelves, fo that in the matter of Benefices, neither
the Decree, nor the Decretal, nor the SeSlo have any more Room, but
other Rules as fhall be fpokenof
The great Method which the Court of Rome ufed in beffowing of
fo many Benefices, drew thither all forts of Clergy-men, thofe who had
none to gain fome, and thofe who had, to afpire unto greater or bet-
ter : So that befides the old caufes this alfo was added, that many be-
came non-Re(identwhich the Court could not dillemble, for every
Jgp, Diocefs complained that the Churches were without Government, and
attributed the caufe of the Evil where it truly was, wherefore 'twas re-
folved fome Provifion fhould be made for it. Therefore it feemednot
convenient to the Popes of thefe times to proceed as formerly with
Caftigations, becaufe the diforder was too common, as alfo becaufeit
would have been a means to fend all out of Rome, which if it fhould
have been done, the Court would have remained empt)-^, and every
one would have cndeavour'd to obtain Benefices from his Bifbop, near
to whom he was perfonally, rather than to fend Salaries, and Meflen-
gets to Rome, for the obtaining of Expeftancies or Reverfions 5 How-
ever a Medium was found by making of Laws, which commanded Re-
fidency to that fort of Beneficed men, who could expeft but little from
the Court, fpeakingnothing of others. Thus Alexander the ^dm the
year 1179, commanded Refidency to all Beneficed Perfcns who had
the Cure of Souls : Then 'twas added alfo, all thofe who had Digni-
ties, Adminiftrations, or Canon-Ihips, of other inferior Beneficed men
'twas never (aid they were obliged to Refidency, and muchlefs were
they commanded to Refide, wherefore by little and little they account-
ed themfelves not obliged to it 5 in fiich manner there arole a Efiftin-
ftion of Benefices, fbme of which re fared Refidency, and others Jimply
which
by Fra Paolo Sarpi. 4^
which obliged not thereunto ^ wherefore the Doftors declared the Pro-
grels, that de jf//reallare olsliged untoRefidency, not being able to (ay
otherwife without per\'erting Antiquity, but through cuftom they fay
lingle Benefices Excepted.
It was a moft common (aying : Beneficiunt datur propter O^ciumj where-
fore thefe being difobliged from Reiidency, having no Office, it (eem-
ed that the fingle Benefice remained as a vain thing in the Church. For
which they found a remedy by an Equivocation. The Canonical hours
which at firft were Celebrated in the Church, by all the Fraternity, and
afterwards fome made it Lawful for themlelves to fiy them privately,
about the year 800, they acquired the name of Officiu/n dwinum^whiidi N. 14I.
b^g Celebrated by all, either in common or in private, the truth'of
the Propofition was (aved : Beneficium datur propter 0£kiunt 5 that is to
lay, for repeating the divine Office, not for (erving the faithful People
refiding in the Churches, and exercifing the charge as formerly, and this
is that 0£icium, anfwerable unto Beneficiunt. Therefore the Conicience
of many Beneficed men being fecuredby this means, that they might be
abfent from the Church of the Benefice, it feemed alfo neceflary to find
out a way that when it had been needful to caufe any »one of thole to
remain at Court, who was obliged to Refidency, it might be done with-
out derogating from the Laws. Whereupon the 3^/ about the
year 1220, declared that he who was in the Popes Service, (hould not
be obliged to refide 5 nothing elfo remained, but to find a way how they
might takeaway Refidency from fome Rich Benefice under Cure, which
failed not 5 for it being an ordinary thing for the Parfon of the Parifh 14a,
at times when he is Lawfully hindred, to appoint a Vicar to ferve for
him, allowing him a. convenient Stipend, fo it is found, that they might
(but with the Popes Authority) Create a perpetual Vicar, appointing
him a fufficient Portion, and leaving the remainder to the Reftor, oblig-
ing that Vicar unto Refidency^ although the Rector draws the greateft
part of the Income, and remains free himfelf^ whole lhare becomes as a
fingle Benefice, and that of the Vicar remains for the Curates Provifion.
And as it was unknown to the Antient Church, that any Benefice was
given but for the Office fak^, and therefore every one is obliged to exe-
cute his Office Berfinally 5 fo there was never one man deputed unto
two Charges or Offices, not only for being impoffible when they are to
be exerciled in different places, . but alfo becaule thofe holy men ac-
counted it no fmall matter to perform one well, and there are many Ca-
nons, to which ancient Inftitutions are referr d, that one cannot be Or- 14:1,
dained to two Titles, nor ferve imtwo Churches. •. ' .
In thofe times when Benefices were diftinguiflasd into fuch as have Re- Benefices
fidency, and fuch as have not, Confequentlyj'tis come to be faid, that c "a^nd^ \^ith
of thofe, where it is not neceflary to ferve in ones ownPerfon, a man St!"
may have more than one, and there arofe a diftindion of Compatible.^ Benefices p
and of Incompatible Benefices ^ thofe which require Refidency, are In- tlbre^Sd In^
compatible amongft themfelves, a man being not able to divide himfelf compatible,
into different places, but thefe with others, and they amongft tliemfelvts
are Compatible.^ feeing it is not neceflary to ferve Perlbnally. >'u\
However in the Beginning, they proceeded in this matter with great
Refi^, and went no further than to lay only, when a Benefice was not
fufficient for the Clerks Living, he might Imre another Incompatible,
but they never durft go on to the third, much lefi unto^the fecond, if
the firft had been fufficient. The Authority was never extended farther
C unto
0
42
Of Beneficiary Matters
I
N.144. un^o the Bifliop, but 'twas added to the Pope, that he might haveAu-
thorky to grant more than two, if both were not (ufficient for a Living,
^and this fufficiency for living is cut out very largely by the Canonifts,
for they lay that ameer PrieftsLiving,comprehends not only the Main-
tenance of the Perlbn Beneficed, but for his Family, for his Kindred,
.for three Servants, and for one Horfe, and alfo to receive ftrangers 5
But when the Beneficyed was Noble or Learned, fo much more befides
that, as might equalize his Nobility, and that which they lay for Bifhops
is wonderful 3 and for Cardinals, let the Common laying of the Court
luffice : M/fuifamntur Regibtts^ Equal to Kings. But all this proceed-
ing with the ordinary terms, that through difpenfation every Canonift
' holds that the Pope may grant to one, to hold what number of Bene-
fices he pleafeth, and de Difpenfations of the plurality of Benefi-
145. ces went on fo far, that John the 2 2^/, about the year 132o,revoked them
all, reftraining the Difpenlations unto two Benefices only,* which being
done with referving to himfclf the difpofing of others, (as lhall be de-
dared in fpeaking of referves) 'twas not then believed, he had done it
to take away the Abufe, but for gain, chiefly, becaufe that Pope was
,a fubtil inventor of wayes to encreafe theTreafury, and time gave Te-
ftimony thereof j for it returned not only to its Priftine Plurality, but
alfo unto greater, and as far as our times, we have leen, and do lee,
Dilpenlations without meafure. All the Canonifts and the Caluifts agree
that liich Difpenles ought ftill to be given for a Lawful Caufe, and that
the Rope fins, if . he grants them without it: But if that which is ofvalue
in the Difpenlation granted -without Lawful Caule, be excufed, they
do not agree. . ,
Others lay, thatit cxculeth before God, and before men, others that
it ferveS 'to avoid the Penalty of the Canonical Laws, and that in Con-
Iciencc, and before God it avails not. This opinion is followed by the
145. moft Godly men, the firft is moft grateful to the Court, who is not
pleafedto have any Law^impoled which may regulate the Popes Au-
thority, chiefly in Beneficial matters 5 becaufe fome of them hold alfo,
though with great contention oB others, that the Pope can alfo grant
many cured Benefices throughwDilpenfetion, however they have not
madeufeof that opinion,'feeing they have found out other wayes to
beftow many cured Benefioes,; with Colour and Pretext which fliould
appear but one, and thefe Inventions took beginning in the times above-
laid. One of •thefe wayes .is the other Commendation^ of which
it will behoove us to Ipeak anon. * ;' *
'Twas a moft Antient thing, that when a People by Accidents of
-War, of Pkigue, or by'Inundation was reduced to fuch a Imall number
that it could not fupport the Charges for the Maintenance of a Mini-
fter, the Bilhop gave the Cure of that People unto the Neighbouring
Parilh, and together with that, apply ed the fmall Incomes, and this was
1^7' .3 called Uniting of two Parijhes. In like manner when Cities weredimi-
nilhed or wafted, and therefore could not maintain the Bifliop conve-
niently, the Metropolitm mth. the Bifliops aflembled in Councel, gave
two or more to. one Bilhop, and thefe Cities were called United 5 as
likewife on the contrary, -when the number of People encreafed, and
that one man only could riot fupply all, one Cure became divided into
two 5 yea unto thefe prefent times thefe Methods are Commendably
ufed, which are for the Service of. God, for Spiritual Benefit, and for
conveniency of the People; ■?: But after they , proceeded to make unions
' . . alfo
Union and
Commenda-
»ioo.
i
by Fra Paolo Sarpi.
5?
alfo for the Conveniency of fome Fious Place, by which means fome
Benefices became united to fome Biftioprick, or to fome M,onafl:ery,or to
fome poor Hofpital, by virtue of which union the Party Beneficyed feems
indeed to have two ^nefices, but in truth he hath but one. Humane
fubtilty invented, (being willing to give two itrcompatihle Benefices to
one Perfon) to unite the one unto the other during his Life, fo that N. 148.
giving him the Principal, the United was alfo given by Confoquence,
by which means it faves very well the Law of having but one Benefice
in appearance, but in the Exiftence there is nothing but the obfervance
of th rvords, with Tranfgrejjion of the JenJe 5 The Jurifconfults call it the
fraud of the Lam. This lerved alfo that they might give a Cured Be-
hefice to a young ftriplin or boy, or to any other illiterate Perfon, and
without being oWiged to receive Sacred Orders, by uniting the Cured
Benefice to a (ingle one^ during Life, and Confering thefingle one in Tz-
f/e, the Benefiq'ar)' remained the Curates Patron alfo 5 and the words
of the Law were very well obferved. But the Power of Uniting Be-
nefices for Life, was never granted fo the Biftiops for any Caufe what-
ever, but rderved to the Pope of Ronre only : Some Lawyers call it an
Union in the Nan/e^ but in Fa& it is sl Relaxation of the Lam^ and they
hold it for Damnable, wherefore alfo in fome Kingdoms it hath been
prohibited. It was long ufed by the Roman Courts now 'tis no more 149.
in ufe, no more than many other Cantelous things,not to call them Frauds
like thefe which fpeak too Legally for the Caufe, as fhall be declared
when we come to our times.
The Commendum had alfo a good Antientlnftitution, for whenanfi- commmduMSi
le&Tve Benefice became Vacant, either Bifhoprick, Abbey, or elfe a
Living which was Jus Patronatus, for which the Ordinary out of fome
Refpeft could not provide immediately, the care whefetM was recom-
mended by the Superior, to fome worthy Perfon, until Provifion fhould
be made, ncvertheleft that Perfon had not Power to make ufe of the
Incoms, but only to Govern them, and for this an Excellent man was
chofen, who ufually was a Benefic'd man, to whom the recommended
Cure was a burden, with which he was to be contented for the Church
fervice only. This could not be called, having a Benefice recommend- j -q
ed unto him but very improperly ^ and therefore in Reality he had not
two Benefices, although to make no difficulty of fpeech, therearofea
Maxime amongft the LanoniUs^ that a man might have two Benefices^
the one in Title., the other in Commendum., which Commendum at firft
lafted but until Provifion were made, afterwards they Commended for
a good while, which fometimes was long enough, wherefore the Pope
of Rome forbad the Bifhops from Commending for above fix months,
not making the Rule for himfelf, but by a Conn Style the Commendum
contrafteda little Cuftom not altogether Commendable, which was,that
when the Pope had a mind to give any man Benefice., it could not be
done, either for want of Age, or becaufe the Benefice was Mo77acal.,mA
the Perfon Secular., or for ibme other refpeft he Commended it to him
fo long, that he might acquire the neceffary qualities for to have the 7z-
^feofit.
But finally about the year 1350, all Ref^fts being laid afidc, the
Popes holding the other Bifhops ftri(My to the Term of foe months, they i ^ j.
Proceeded to give the Commendum for Life., which if it be given to one
who hath in Title another Incompatible Benefice, heobferves very well
the words of the Law, that two Benefices cannot be given, but one in
G 2 Title,
Of Beneficiary Matters
Tale, and the other in Commenditm ^ but the fenfe is defrauded, becaufe
that which is Commendatory for Life, as touching the Profits, is like
unto the Titular ^ alfo giving a Benefice in Comtnendumto one who hath
not the cjualities required by the Canons, doth not difagree with the
Words thereof^ but tis given to him in Deed, and not given to him in
Words." xhtCommendums of BiJljopricl{s and other Benefices are almoft
out of ufe in Italj : There remains fome Abbeys ioi the Caufes which in
our times (hall be declared.
By the means abovefaid, the Popes drew to themfelves great (hare
of the Beneficial Difpofals, in all the Chriftian Kingdoms of the Weff,
but in the Eajiern Churches, he was never fuffered to difpofo of an A-
tome, not only in the laft Ages of that Empire, when the Greeks were
N. 152. totally divided, but likewife in the firft Ages alfo, when they were uni-
ted into a Body, except that'm Syria and in Greece, in the times and in
the places which were under the Dominion of the French, and of the
'Venetians. But the Popes Letters which difpofed of Benefices in man-
ner abovefaid, although they were indeed for the moft part obey'd, yet
nevertheleli not without fome Complaint and Murmuring, putting it of^
ten to difpute, whether the Pf/'e could do this or that.
In Italy none oppofed the Pope, unlefs fome Pious man for Relped
of Confcience, and for the Service of God, it being befides profitable
to th^ Italians, for fuch were the Roman Courtiers, who by means of the
Popes ample Authority, received Incoms from Beyond the Alps. In
Spain the Prudence of that Nation in their Praftice, deluded the Arts of
the Court.
In England, as in a Region where the Benefices were many and Rich,
the Roman Courtiers made great gains, wherefore in the year 1232, a
153. League was made in that Kingdom, between the EngliJJs Clergy-men, and
the Souldiers, againft the Roman Clergy-men Beneficed in that Ijland,
who were fpoyled of their Goods and Incoms j The Pope Com-
manded the King under pain of Excommunication, that he ftiould
Chaftize or Punilh, andPerfecutc them with Temporal Arms, and that
^ the Prelates (hould Excommunicate them ^ But they were found to be
fo numerous, that the King durft not meddle with them, neither did
the Prelates dare to make ufe of their Spiritual Weapons. The Affairs
remained quiet for a few years, whereupon Pope Innocent the ^th, a
Genoeje took freffi Courage, and Tent one his Kinfman, bywhofe
means he renew'd the Faftiions of the Courts upon which the Englijb
had Recourfe to the King, Complaining that the Italians got Pofleffi-
on of all Benefices, The ^g Banifhed Martin from the Kingdom, and
caufing an Account to be made of how much the Pope drew out of£«-
gland, he found it to be equal to his own Revenue, which is fixty thou-
find IsUrky, The King propofed fome of thefe Differences to the Conn-
cil at Lions, making Complaint of the abovefaid grievances, whereto
the Pope anfwered, the Council was not Affembled for that purpoie,and
that it was no time to harken to it.
154. In the faid City ol Lions during the time of the Council, theP^?^5
would have given to his Kinfmen fome Prebendaries of thofe Churches,
upon which there was a great Commotion in the City, and the Pope
had notice given him, that they (hould be thrown into the Rhone,
Rhodtno. wherefore the Pope fent them away privately.
For all this the left not off its Delkns, but in the year 12 53, the
(ame Pope Commanded Robert Bijliop of Lincoln, (a man in thofe times
Famous
hy Fra Paolo Sarpi. 55
Famous in Doftrine and in Goodnefs) that he fhould confer a certain
Benefice upon the Genoefe againftf the Canons, which appearing inconve-
nient and unjuff to the Bifhop, he anfwered the Bope^ that he Honour'd
ApoftolicaljCommands Conformable to Apoftolical Doftrine, wherefore
that non obfiantibus is a Deluge of inconftancy, a Breach of Faith^ a
difturbance of the quietnefs of Chriftendom ^ that it is a grievous Sin
to defraud the Sheep of their Pafture, that the Apofjfcolical See had all
Vovoer to Edification, none to deUroy. This Anfwer received, the Pope N. 155!
grew wroth exceedingly 5 But Cardinal Egidius a Spaniard, being a
Prudent man, endeavour'd to Mitigate him, reprefenting to him, that
to proceed againft a man of fuch Reputation, for a caufe fo abhorr'd
by the World, could not bring forth a good EfFeft. But whilft the
Pope ftudyed to fhew his Refentment, Robert fell fick, and to the end
of his Life held the lame Reafons, and dyed with an Opinion of Holy-
nels, and 'twas fam'd that he wrought Miracles. The Pope hearing of
his Death, caufed a Procels to be formed for the King, to dif inter the
dead mans Corps: But the night following, in a Vifion or in a Dream he
had Robert in Pontifical Robes, who Rebuked him for perfecuting his
memory, and fmote him on the Flank with the Bnt-ena of his Crofier-
Staff: The Pope awoke with an excefhve Pain in that Place, which
afftifted him unto his Death, that happened within a fhort lime
after.
In the year 1258, Alexander th.Q t^th E^foommunicated the Arch-Bi-
JIwp for the like Caufe, who perievering in his Deliberation, ^5^'
endured the Perfecution with much Patience, and drawing neer to his
Death, wrote a very Prudent Letter to the Pope, exhorting him to
imitate his Holy Predeceflbrs, and to take away the Dammageable
Novelties from the Church, and from his own Soul 3 He dyediwiththe
Opinion of a Saint and a Martyr.
In thefe times 'twas likewife neceOary in France, to make a Provifi-
on, which I fhall relate after having given notice, that fori thefe and
for other Impediments which the Princes and the Bifhops oppofed a- -'
gainft the endeavours of the Court, which never thought of giving o-
ver : For Clement the t[th, in the year 1266, refolved to lay the Foun-
dations, whereby he, or his Succeffors, might declare themfelves to' be
abjblute Patrons in all the Collations of Benefices throughout the World,
and remove the neceflity of finding out Wayes and Arts to draw the
Collations unto Rome, and made a Bull, which concluded nothing elfe
but the Refirvation of the Vacanti in Curia, faying, that the Collation-
ing of them by an Antient Cuftom is referved to the Pope, and there-
fore he approved of this Cuftom, and wil'ditto beobferved. But to
conclude this alone 5 So much an Hyppothetical Premium can do, in fay-
ing that although the plenary Difpofal of all Benefices, belongs to the
Popeoi Rome, fb that he may not only confer them when they become
Vacant, but he may alfo before Vacancy grant a Right for theacqui-
ring of them ^ Neverthelefs the Antient Cuftom hath more efpecially
referved the Vacanti in Curia 5 Wherefore we approve of that Cuftom.
If the Pope had made a concluding Edid, that the Difpofal of all Be-
nefices belonged to him, the World would have ftir'din it, and as well
the Clergy-men as Princes, and other Lay-Patrons would have declared
their Reafons. But this Propofition being put into a Conditional with-
out a Conclufion, went on eafily without any notice taken of how
much it might Import. But two years after, that is, in the year 1268,
with-
Of Beneficiary Matters
without having any Refpect unto this St. Lewis Kitfg of France,
N. 158. feeing that the Provifionsmade by the Queen Regent his Mother, du-
ring his Minority, and during his Abfence in the Holy Land, were
not fufficient to remove the Confufions introduced in the matter of Be-
Prigmatic Heficcs, made his famous Fragmatick^ wherein he Commanded, that Ca-
Santtion. fheclrd Chttrches (hould have theit Eleflions Free, and the Monafteries
likewife, that all other Benefices Jhould be given according to thfc Dit
pofition of the Law, and that no Impofition of the Court of Rome
could be levied upon Benefices without his Confent, and the Churches
of his Kingdom. This Holy Rings going into Africa againft the Mores,
and his Death which happened in the year 1270, and the need the
Houfe of.d/y^« had of Popes Favour, to fettle his Kingdom in Naples,
and to recover that of Sicily, and the Power which tte Pope granted
to the King of irapofing Tythes under Pretext of the War of the Ho-
ly Land, were caufe, that the French eafily permitted the Court oiR/>me
to regain the fame Authority s whereupon in the year 1398, Boniface
thcQth placed ths: Con^itution oC.Clensmt in the Decretds, and made
that Thatwluch Hyppothetical/y and. Incidental/y, became, the
Principal, and to give it the greater Authority 1, he expofed under the
name oC.Clementj leaving it dubious, whether it were the or the
^d. ; Therefore nowin fome Copies it is Read the ^d, in others the /{tk.
For which caufe this Propofidon was given to be believed at firff, i.e.
That the plenary Dijpofal of all EcclejiaUical Benefices belongs to the Pope,
which is pretended to be meant in a Senfc not altogether pervert^
which is, that the Pbpe (hould have foil Power, but yet Regulated by the
Laws, and by Reafon: A little dkcrClement the ^th made void all good
underftanding, by faying, that the Pope had not only full Power, but
alfo free over S[\ Beneficesi, whieii freedom is under flood by theC^^tf-
nifs. Exempt from all Laws, and Reafon, fb that he may do all that
he pleafeth, notwithftanding the Reafon, or the Intercfl, of whatfbever
Church, or of Particular Perfon, yea even of a Lay-Patron. This
I do. Propofition is put into the Bulls upon every occafion, and there is no
Canonif. but paflethit for clear, yea for an Article of Faith, faying, that
the Pope in the Collation of any Benefice whatever, may Concur with
the Ordinary, and alfb prevent it, and if it fb pleafe him, he may alio
give Authority to. whom bethinks fit, enabling him in like manner to
Concur with the Ordinary, or to prevent it, as they have fince giTxn
this Faculty unto Legates, with a general Conftitution.
Elcftion of There is nothing more Wonder-worthy in the Confideration of Be-
ion"4d"odie ('it being as clear as the light at noonday) that theB/edfj-
Faithffil. on of Ministers was at firjl by the Faithful People, then it pafied unto
the Princes, after the Chriftian Faith being received, they minded the
Affairs of the Church, and finally it was reduced unto the Ecclefiafli-
161. cal Order only, the Seculars being excluded by the Management of Gre-
gory the Jth, and his Succeffors, yet there ftill remained in each Dioeei^
the Eleftion and the Collation of Benefices, and of their Offices, which
fince by little and little the Popes of Rome have affumed tothemfelves
by the wayes abovefaid, and to befaid hereafter, Neverthdefs the C'l-
nonijis (either out of Animofity, or becaufe it is not thdr Profeffion to
know any thing befides the Decretals^ have laid, and do fay in our
dayes, without Refped: unto the Notcaious Truth which is againfl it,
that heretofore the Pope provided all Bijhoprick^, and other Benefices,
apd that he afterwsurds out of Favour,, granted the Ele&iontothe
Chapters,
bj Fro. Paolo Sarpi. 47
chapters^ and the Collation unto the Bifhops, it is riot to be doubted
but one day it ought to be anfwered in the Articles of our Faith, for
making a Dodtrine to pals into the Church, which is lb diredlly contra-
ry to what they caufed to be Preached in Former times, when Anfil-
mus BiJIjop of Ljicca, who wrote three Books againft Gilbert the Anti-
Pope, in fevour of the faid Gregory thcyth, which areftill tobefbund,
throughout all the fecond of which by the Authority of the Popes, N. 162*
of the Holy Fathers, of general Councels, by the Cuftom oblerved
from the Apolllcstime unto his, who wrote in the year 1080, Proves
that the Elel^ion of Bijhops by him called Popes, belonged to the Clergy
and to the People of the fame Diocels, and that the moft Pious Empe-
rors Conjlantine, Conjiant, Valentinianus, Theodojius, Homrius, Carolus,
Liidovicus, and other excellent men for Faith, and in Religion 7iever
violated fnch a Ct^om oblerved in the Holy Church from the Apoftles
time, and a Conlntution of Carolus, and Lndovicus Pius, being bom
or Contained in tht Chapitolar, that Bif)ops{ho\i\d beeledted bytheCler-
gy and by the People of their own Diocefs according to the Canohs, laith,
that this Conftitution is moft agreeable to that of the Holy Fathers,and
no lels than if by the Nicefie Conncel, or by any other General Synod it
had been Promulgated by the Holy-Ghoft, through the Mouth of thole
Emperors, where 'tis feen. that to take the Eledion out of the Hands of
Princes, they held for a Tradition, that, the Contrary of which they
are willing now adayes, Ihould be Written by the Cancnijls, and Be-
lieved by us, fo that of neceffity the Canonijis muft Err, or elle the
Allegations of the Bijhop of Ljwca have erred : And if the Ordination
of Bifhops in their Diocejfes after the manner aforelmd, was the Liberty
of each one of the Churches, as the Fathers and the Councels taught,
and granted them by our Lord JeJus Chrisi 5 Let not thole talk fo dif-
orderly, who lay the Court hath put all the Churches in Bottdage under
pretext of defending them their Liberty.
Seek this time, that having fjx)ken in divers Occalions of different
wayesof gaining Eftates to the Churches, I toucht the manner of pre-
forving them, which is by Prohibiting all manner of Alienations, a thing Alienations^
Diametrically contrary to that which the Primitive Church oblerved!
Wherefore if when 'twas Lawful by the Laws of the Prince, for the
Churches to purchafe Eftates in Land,they might retain thofe which were 16^
given or becjueathed, 'twas therefore in the Liberty, not only to
make ufe of the Incomes, but alfo to fell the very Eftates to difoharge
the necelTary Expences in Maintaining the Minifters and the Poor, as
alfo to give or bellow according to Exigencies j And the Authority of
Dilpenlator granted to the'^ipop, did not extend to the Fruits only, as
at prelent, but alfo unto the Eftate it lelf^ and to other Chapters, which
at firft was Adminiftred with Sincerity, fo that there arofe no incon-
veniency thereby, and lafted a long time in Poor Churches, where the
Eftates being but, fmall, and the Bijtwps of no great Authority, there
was no matter orcaule of Tranlgrellion : But in Rich Churches, and
great ones, where the Reputation Emboldened the BiJJjops to attempt
that which would not have been permitted unto all, and Abundance
gave matter of being able to make ufe of fome part Arbitrarily, the
Bijhops began to exceed the Bounds of Modefty, from Dilpenling, they
came toDiffipating, againft which it was requifite to provide, neither
the Provifion proceed^ not from the Clergy-men, but from 6'ecular
men, to whofe prejudice it vvasj For the Publick Eftate of the Church
being
of Beneficiary Matters
being leflened, the Clergy were not fufFered to take their Living, who
were the firft, but the Poor who remained to the laft.
In the moft Principal Churches, which were Rome^ and Cof7jlantino-
ple^ the Provifion was alfb firft neceflary, wherefore Leo the Emperor^
by a Law of his. Anno. 470, Prohibited the Church of Constantinople
from every Alienation, and in the year 483, Bajilius Cecina Pra;fe^us
P}'£toriu^ of King Odoacre in Ronte^ the^eeof Simpliciia being Vacant,
by a Decree made in the Church, Ordained that the Eftate of the Ro-
man Church ftiould not be Alienated, which was not found ftrange by
three Succeeding Popes, but in the year 502, Odoacre being extinft,
and all his Power, Stmmacus the Pope Aflembled a Councel of all Ita-
ly, wherein he propofed as a great Abfurdity, that a Lay-man ftiouId
, have made Conftitutionsin the Church, and by Confont of the Coun-
eel decLared them Null; But left it ftiould appear that this would tend
to diforder, a Decree was made in the Councel, that fnePope of Rome
and the other Minifters of that Church, ftiould not be able to Alienate,
Ipecifying that the Decree ftiould not oblige other Churches, butthei^<7-
man only.
The following times (hewed there was need of the fame Law in all
the Churches, wherefore Analta/tuf extended Leo's Law to all the
Churches fubjcft to the Patriarch of Constantinople, to all which he
Prohibited the Power of Alienating.
But JuStinian the Emperor, in the year 535, made a Con^itutionGe-
neral for all the Eajiern, Wettern, and African Churches, and alfo for
alt Pious Places, Prohibiting the Power of Alienating, excepting only
to Feed the Poor in cafe of extraordinary Famine, and to releajfe Pri-
foners, in which Cafes Alienation was granted Conformable to the An-
1^7' tieiit Cuftom, of which St. Amhroje makes mention, that not only Pof-
feflions, but alfo the Veflfels were fold for fuch Cau(es. JuStinian s Law
in the Weji was obferved in following times, until that Rome remained
under the EaStern Empire, and there are many Epiftles of St. Gregories,
which make mention of Eftates Alienated for the Redemption of /
Slaves. But from the times of Pelagius the id, unto Adrian the iSt,
for 200 years the Expence was incredible which the Roman Churchmzdo
for to recompence it (elf on the Lumbards, as well to cauie them to
raiie the Sieges, as that they (hould not moleft the Country, and St.
Gregory gives good Teftimony of it in his time •• The Dodtrine which
runs at preient was not then in Credit, that Ecclefiaftical Eftates are
exempt from Common neceflities, but quite Contrary, thole were
the firft that were to be expended before they came to lay Contribute
ons upon private Houfes.
Much lefs did it ever come into thought of putting into Controver-
fie the Authority of Princes, about making Laws 3 becaule befidesthe
168. perpetual obfervance, there was the folid Foundation, that thefe were
the Churches Goods, that is, belonging to the Common, and to the
Congregation of the Faithful, fo that it concerned the proper Office of
the Prince, to procure the Confervation of them.
Afterwards, whenfne Empirewd&EfidhXifnedon Charlemain, the Ro-
man Laws remaining without Authority, the abufe returned, whereup-
Prohibitions, qjj divers Prohibitions were made by divers Councels, chiefly in France
where the Diflipation was greater.
But after that, the Roman Popes had aflfumed the greateft (hare of the
Government of other Churches, feeing that a General Prohibition
wrought
wrought but little EfFeft, the Prelates wanting no Pretexts, to except
every particular cafe from the Common Law, they made divers Ordi-
nances from the year looo, unto the year 1250, prefcribing certain
little Forms of Solemnity, which ferved for a Bridle, and f<ir an Impe-
diment. But in this time whereof we fpeak, Inmcent the 4^/*, began
to declare Null the Alienations made without thofe Conditions, and
Gregory the loth^ in the Conmel at Liofts Anno. 1274, Ordained they
fhould not be able to Alienate, Without leave from the Pope, befides
the Solemnities abovefaid alfo 5 which hath been oblerved, and is ftill
obierved unto our dayes, never granting any Alienation but upon evi-
dent Utility, which hath not wanted for thofe who have noted it for
an exprefs Iniquity, feeing that in Contracts never any man feeksforcr-
ther, than for Equality, and more cannot be, but with detriment to a-
nothetj {^c\a\\y the Canonijis, to fpecify what thing this Utility ought
to be, which the ChUrch ought to receive in AlienatioUj fome fay it
ought to be the Fourth fart, others the Third fart of the Value 5 So
that they quite left off felling, to feed the Poor in time of extraordb
nary Famine, or to redeem Captives, it being Interpreted to be a dam-
mage, and not an Utility to the Church. Thus things are turned about, 0
that which heretofore was a work of a high Perfeffion in Chriftians, as
felling, and giving to the Poor, would now be fubjeft to grievous Cen- l70i
fures, but Perfeftion is in retaining Ecclefiaftical Eftates, which much
lefs cannot be exchanged without Evident Utility, and the
ons for Alienating, which were made againft the Clergy-men, in favour hibitions.
of the Laity, are turned about againft the Laity, in favour of the
Clergy.
But returning to the Declaration of Clement the 4t/>and 5/^, and to
the Common Dodrine, that the Pope may Concur, and prevent every
Collator of Benefices, this was of no great Profit, faving in the Vacant
Benefices of the Neighbouring places to the Court, fo that the Vacancy
might be fpeedily known there, for as touching thofe at a Diftance, his
being able to Concur, or to prevent, was of little ufe, becaufe before
it could be known at Court, the Provifion was made by theOrdinary,
and hadiffued the Effed, or caff Lots: Wherefore 'twas invented, that
which became a total Mutation in the matter of Benefices, and deftroys
totally the Antient Inftitution of all the Catholick Church, this is the Refemtiot
Rejervation, which is a Decree rrhereby the Pope declares before a Benefice
becomes Vacant, that when it fijall be Vacant, no mart Jhall confer it, and ^9'^*
the Collation which any one Jhall make, is to be of none FfieCl. And be-
caufe this is an odious matter as the Glojs faith well, to make it be re-
ceived by the World, and fwallowed down fweetly, 'twas in its begin-
ning ufed fparingly, by reafbn the abfolute Refervation feemed tcx)
hard, which Clement the J[th had made of the Vacanti in Curia, where-
upon Gregory the icth reffrained it to a month only, permitting the
ordinary Provif|ons might be made after that. Clement the •^th added
thereunto the Refervation of the Cathedral Church, and of St. Cros's
MomRery wtBordeaux for once Pope John the 22d,his Succeffor ftretcht
the Step a little further, and made a Conftitution to Reform the Pin-
rality of Benefices, Prohibiting the keeping of more than one Curate,
and another without a Cure with Difpenfation, excepting the CW/W/,
Commanding that he who had more, fhould refignthem, and for the
future that he who had one Cured Benefice, and fhould receive ano-
ther, was to refignup theFirff, andriiofe whkh were refignedj fhould
H be
6o
' V I
Of Beneficiary Matters
be referved to his Difpofal j The Bnlliox the apparent end of taking
away the Plurality of Benefices^ was a Ipecious Refervation, though
it had no other end than the Profit of the Court, pafled away as a
thing acceflbry, and which feemed at firft fight without Burthen, becaule
as yet the end whereto it tended was not difcovered.
Here 'tis necefl'ary to make a little Halt, becaufethis Pope gave many
Examples unto his Succeli'ors for the Collationing of Bc/iefices^ which
forved to heap up Treajhres ; He divided many Bilhopricks, and when a
Rich Bemfice became Vacant, he was wont to give it to a man who al-
ready had another fomewhat inferior to it, giving that which was Va-
cant to another, prevailing fo far in this manner, that fometimes for one
Vacant, he made fix Provifions or Promotions, by transferring alwayes
N, 175. from one lefi Rich, to another more Rich, and by providing the Icaft
or Pooreft with a new Beneficiated, fo that all were Contented and all
Annit<t. ^ invented alfo the Annatdi or firfi Fruits^ a burthen upon Be-
nefices never heard of before him, and which for fometimes Created ve-
ry great Scandals. When Emperors or Kwgs Conferr'd any Bctiefices^
if thofewho afpired to them made any Donative, or elfe Contracted
^ with the Prince or with his Minifters, to give any fhare of the Fruits
and Incomes of the Bevefices for to Obtain them, this was then moft
.fliarply rebuked by the Popes^ who called it an unlawful thing, a Hedging
the Gofpel 5 Gratk accepisiis^ grutk date, and calling the Reccit of
gifts, or of a part of the Fruits, a faleof Spiritual things, and a Con-
trad by Sjmome, fome proceeding to call it Herefx, though fome were
not wanting in thofe times to give their Opinion, and fay, that the Mi-
niftery of Chrid, and the Authority of looftng and bhiding was a diffe-
rent thing from the PoffeflTion of Temporal things annexed to a Benejice,
and that by reafon of this Temporality, it was not dilagreeing, that
174* the Prince fiioitld receive fome (hare for the neceffities of the Common
Wealth, and of this a Solemn Difpute was alfo made.
But this Anfwer fatisfied not Pious and learned men 5 for although
the Revenue of Beneficesho. a Temporal thing, yet the Right and Title
by which they are Pofleflied, is a Spiritual thing : It appeared to all
men, and dill it doth appear, that with good Reafons thefo Methods
of the Poph were reproved , and called Simony. This Defedwas
made ufe of for the firft Pretext for taking away the Collation of Be-
nejices from Princes. But the Pope of Rome, having by the Progref
fes above written, gained great part of the Power whereof the Empe-
rors werelpoyled 5 John the 22d,Anno. 1316. Ordained that for three
years, every man who Obtained a Benefice of a greater Income than
24 Ducats, ought at the Expedition of his Bull pay a years Revenue--y
175* The three years being expired^ the fame was continued as well by him,
as by his Succeflbrs, although fome Refiftance was made in divers pla-
ces, and in fome others they were received to pay half a years Kent
only, and in other places a certain fort of Benefices^ was only obliged
to pay, the others remaining excepted.
The bringing in of this, was accounted very Burdenfome to pri-
vate Families, the years Revenue being paid by the Beneficyed or In-
cumbent out of the Houftiold Stock, there being a Hazard that he
may dye before he makes good that money to the Family, and Princes
found it a great grievance to their Government, fuch a notable fliare
of the Cafti being drawn out of their Dominion, without receiving any
Profit for it, and fo much the more grievous, as this Work is accom-
panyed
by Fra Paolo Sarpi. '
panyed withtheExpence of Dijpenfitio^/s^ and Prefifits or Gifts
beforehand, all which carry away the Money which is the finew of
Potency, and it never returns as it doth by way of other Com-
merce.
When this Novelty was introduced by the Poye, the ordinary Per- N. ijd.
fons could not perceive what difference there was betwixt this Pay-
ment, and that which was fo much blamed in thofe dayeswhen Princes
beftowed Benefices, but learned meninthofeprimitive times Condemn-
ed if univerfally, as favouring too much of Simony.
In Progrefs of time, fome men ftudied wayes to juftify it, fo that
they were divided, one fort rebuking it as a thing unlawful, Simonia-
Gal, and forbidden by Divine and by Humane Laws, others Commend-
ing it as a thing Lawful, yea neceflary and due to the Pope of Rome^
thefe proceeding fo far as to defend that the Pope may not only demand
a years Fruits, but more alfo, ashethatis abfolate Patron, yea of all
the Fruits, not of one part only, who they alfo fiy cannot commit Si-
mony for any Contraft he fhall make in the Collation of Benefices 5 And
certainly if he were Patron as they fay, the Confequence would be clear,
becaufe every man may Contraft for his own, in what manner feemsbeft ^
to him, without doing wrong to any one ^ but neither God nor the uj
World feemto confcnt to it. ThlisPope was fo intent in drawing mo-
ny from every thing, that in twenty years Popedom^ he heaped up an
incredible Treafure : Certain it is, that in his Expences, and Gifts, he
was no more ffraightned than his Predecefibrs, and yet he left 2 5 Mi Hi-
ions at his Death. John ViUcind relates that to one of his Brethren of
the Colledge of Cardinals after the Popes Death, Charge was given to
make an Inventory of the Mony, which he found to be 18 Millions in-
Coyned Mony, and feven Millions in VeflHs and in Ingots weighed by
him.
The Pirll year Fruits in his Inftitutionfrom Johntho iid. Ex-
tended but unto Benefices which were Conferr'd, and which were paid
for in the Expedition of Bnlls^ a thing which Continued unto that
time 5 but afterwards there was alfo laid an Obligation upon all Benefi-
ces, to pay the firU year Frnits or Revenue every 15 years, becaufo o
that being united unto Monasteries, Hojpitals, or to Pio/ss places, they *
never become Vacant, which Impofition was therefore called ^^mnden-
nhim, which Patd the id about the year 1470, Conftituted only con-
cernirig Benefices united after the year 1417, by the Pope of Rome,h\it
Paul the Afth extended or enlarged it likewife to all the Benefices united
before, and Sixtus the '^tb Comprehended not only thofe united by the
ApoStolical See, but alfo thofe which had been united by Legates, Nm-
cids, Bijhops, and by others.
But returning to the firft Original of thefe year Incoms or Fruits,
thofe who oppofed againft the Invention of John the 22d, with zeal of
liindring that the year-Fruits might pals rio further, they have not on-
ly brought about his Defign, but have been the Caufe of defending
and extending it alfo, even as fome who then oppofed the Kejervation,
brought forth a contrary Effed, the Popes never failing to get any A-
bufe whatever to be Juftifyed by Doftrines, Wherefore after this Be-
nediBus the 12th, Anno 1335,under pretence of being willing to pro-
vide or flirnifh Livings with fitting Perfons, he referved to his own
Difpofal and Providing for his Life time only, all the Benefices Vacant
in Curia, as had been done formerly, and alfo all thofe which became
H 3 Vacant
62 Of Benefciary Matters
Vacant by Privation of thofe who were Beneficiated^ or elfe by Tran f-
lation unto another Bendice^ and alfo all thofe which were renounced in
the Court, and all the Benefices oi Cardinals^ of the Court Officers, of
Legates^ Nuncio's^ and of other Re&ors, and Treafitrers of the Roman
Church-Lands^ likewife the Benefices of thofe who went to Court up-
on Buiinefs, if in going or coming they happened to die within 40
miles Diftance of the Court, and likewife all thofe which became Vacant
becaufe the PoifefTors of them had received another Benefice. Thefe
Refervations Comprehended a multitude of Benefices^ reflraining much
the Power of the Ordinaries, and they caufed many Benefices to be
fetled upon Forraincrs, this .was received however becaufe the Rejerva-
tion was only for during his Life. Yet 'tis never to be believed that a
thing ufeful to him that Governs, inftituted for fbme fhort (pace of
N. 180. time, fhould remain Circumfcribed thereby 5 For Benedi&us the 12th
being dead, Clement the 6th his Succeffor made the fame Rejerve j where-
fore the King.o( England, Edward the 3^ perceiving that for this
Caufe and by reafbn of Reverfions, all the Benefices of the Kingdom fell
unto Forrainers. He Commanded upon pain of Death that the Popes
Beneficyal Provifions fhould not be received within his Kingdom. The
^ Pope wrote to the R^if^g-, fhewing fbrrow for it, defiring he would for-
bear. The King anfwered befeeching the Pope to Reform the things
which were a fhame to the Church, and a fcandal to the People : ad-
ding further that his Predeceflbrs had Enriched the Churches, which
by the Provifions and Impofitions of Rome are Potieffed by Strangers
and unworthy men, contrary to the mind and intention of the Tefta-
tors, whereby the Kingdom alfb became weakened. That the Pope
ought to feed and not Jloear the Sheep, that heretofore the Kings gave
tlie Benefices, that they have granted the Election unto the Clergy, up-
on the Popes Petition, and now the Popes will take away the Eledion
181. introduced by them, and ufurp it to themfelves. Wherefore 'twill be
convenient to return to the firft Inftitution, that Benefices are to be
conferr'd by Princes.
This Contention which lafted while the Pope was living, was occafi-
on that Innocent the 6th Succeffor to Clement revoked all his Refervati-
ons, by a Conflitution of his, which begins : P AS TO R A L IS,
The fame at prefent is not to be found, but many famous CanoniUs make
mention, of it, the like hath happened to many others, whereby the A-
bufes, and the Ufurpations would be made manifeft, as in like manner
all things were taken out of the Glofies, which favour'd not the Court,
but the expurgatory Index's made with the Dodors fhew worfe, be-
(ides the fitting them for his Interefts or purpofes before they were ex-
pofed to the Prefs.
But few years after they were reftored again, wherefore Edward An.
1373, fent an Ambaffador to Gregory the wth, at 'Avignon, making
Inflance that the Refervations fhould be quite annull'd. The Bufinefs
182. taken in hand, which lafted two years, atlaft in the year 1375,the
Pope Annull'd them totally.
But he being dead, the beginning of the great Schifm happened in
the year 1378, by which there being two Popes, there were al^twoRo-
man Courts, and the Expences or Charges were Duplicated, and thofe
alfb were much greater than Ordinary, through the neceffities offend-
ing which the Popes had for the Perfecuting of one another, and fbr
the defending themfelves againft one another, whereby each of them
X
by Vxdi Paolo Sarpi.
fet on foot all the wayes imaginable for the raifing of Mpney, dnd Si-
many was moft manifeft in each of the Courts, Betiefices being freely
Ibid, and they took all they could out of the Hands of the Ordi-
fiarks.
The Rotftan Court had not openly dilcovered it felf until this time,
for they aimed at nothing elfe but at Money^ of all their undertakings
the Caufe was rendred with fome appearance or IheW of providing bet-
ter for the Churches than the Ordinaries did, or elfe of providing fome
deferving Perfon with a BeMefice. But Urban the 6th declared himfelf
why'twas introduced into Benefices with Ordaining, that the Impetra- N.
Hon fhould be Invalid^ if mention were not made of the value of the
Benefice. Heretofore the Benefice was chiefly given for Spiritual things,
the Temporals became Acceflbries, then of the Spirituals there was no
mention made, the Charge or Office was not Confidered, but the E-
molument.
The feme Inftitution lafted alfounto our daycs, and Authority being
given to Nuncios, to Confer feme of the lefler Benefices, by the value
of the Incomes it is determined which are the great, and which are the
little ones : And in the Rejervation oX Mona^eries there is no careofthe
Spiritual, thofe are Referved which exceed the value of 200 Crowns,
and the inferior ones left free. Thisferves to the end, the Chamber may
receive the Annata or Fruits more exaftly, for if two men impetrate *
one Benefice, and one of them exprefles the value to be greater than
the other, the Bul/s or Papal Breives of him that expreft the lefs, will
be in vain, and thofe of the greater will be attained.
Some fey this is an expoling it to a fele or out-cry, and giving to
whom bids moft, others fey it is to the end the Chamber may not be
defrauded of its Right, but this Conflderation belongs to the Chapter
of Firit-Fruits.
Coming back to the time of the Schifra, rto man denyes but the Dif
orders in the Roman Courts were great, which encreafed allb the more,
becaufefbme Kingdoms and Provinces, Scandalized at fuch various and
different Methods, they reduced themfelves to acknowledge neither of
the two Popes, whereupon it behooved them to raife and receive from
thofe which remained, as much as from all.
Germany refufed to remain Subjeft to the Refirvationt and Expe&an->
cies or Reverfions, and the Ordinaries Conferfd Benefices without any
Regard to the Ordinances of Rome. On the Contrary Innocent the jth
for this Caufe in the year 1359, fent a Legate into Germany, to give
new Bul/s or Papal Letters to thofe who were gotten in by the Epif
' copal Collation, paying them for them, and to caufe them to make
Compofition fbr the Fruits received, leaving fome part unto the
Chamber, but by this means much Money being like to go out
of Germany, the Emperor Charles the ^th oppofed it, and Prohibi-
ted the Extraftion, faying, 'twas requifite to Refbrm the CuUoms of the
Clergy, not the Purfis. All thefe Confufions encreafed more and more
when there came on the P^?peinthe year 1409, to whom although
the French did adhere, and yielded Obedience, neverthclefs they ftuck
clofe to one of the Kings Edi£/s made 3 years befbre, by which they
Prohibited the Refirvations, the firll-Fruits, and other exadioiis of
the Court, until that by a Lawful general Councel might be provid-'
ed for.
The
and devices
found oat.
64 Of Beneficiary Matters
The King was not very Capable of the Government, but Levek Duks
of J-who Governed him, was Author of all the Edifts, wherefore
he being Ki/I'd'tw^LS eafie for the 2 3^^ to regain Authority
for Confer ring in giving to the to the to
the Dolphin^ and to the Houfe of BHrgundy^ the nomination of moft
of their Servants, and then prevailing with the Remainder, preferv'd
it until the Death of that King, wherefore Charles the Jth his Son who
N. 186. Succeeded him, renew'd the Edi&s.
In Italy alfo there were made feveral Provihons by divers States in
different manners, all which tended to take away the Abufes. Baldus
tcflifies that as much as the Bolognejes made Beneficyal Provifions, and
Particularly Ordained that they fhould not be Conferr'd, faving only
upon the Natives of that City, and of the Country belonging to it,
neither were the Popes much efteemed by them, for Joht the23^^be-
ing in Florence with his Court, a certain diforder arofe about the Colla-
tion of a Benefice^ for which that Common-wealth deprived him of
the Power of Conferring Benefices in their State for five years.
In thefe times were invented inextricableClaufestobe put into P/zZilr,
as lUaking a difference between Petitions Signed by Concejfnw^ and thofe
which are Signed by Fiat^ between the difpatches with the Claufe Motu-
New tricks Pr<7/>w With Others, and the Claufe which makes the better
Conditions, from which Invention feveral Bulls were Obtained upon
Benefice^ and befides the more Fruits paid, there arofe Law-fuits
alfo, which were to be handled at Rome^ with the Benefit of the Court.
There was added, the Conftituting of another xAntagonift at Law, if
he dyed, that the end of him might not be the end of the Law-fuit,
but by his Death there was taken or received another years Revenue,
and the Continuation of the Law-fuit, which Multiplying alfo, the
Claufes were invented, Si alteri ; Si neutri; Si nuUi : Whereby the
nefike was given to a third man alfo, but only during the Law-fuit or
Contefk of the two firft, which Conftrained Princes, for the Remov-
ing of Confufions, Diforders, and Contentions amongft their Subjefts,
to bring back to the Secular Bar, or Court, the Cognizance of theP^
JeJfiorio of the Benefices, a thing, which although Legitimate, had been
by the Connivance of Princes taken away from the Secular Magiflrates,
and Aflumed by the Ecclefiaftical Court.
188. From the Provifions which were made by fome Princes to flop the
new Introdudions into matters Beneficial within their Dominions, the
Court took occafion to invent others, as well to work the fame Effeds
under other Pretexts, as to Multiply methods whereby they might do,
and therewith fupply what they could not do, where Provifion was
made.
, In thefe times Rejignations were found out, not good and Commen-
e ignations. ones, for they are very Antient, but certain others, which the
World at prefent Commends not.
It was never Lawful for him, who was put into an Ecclefiaftical
Charge, to leave it of his own Authority,and it was very agreeable that
he who had dedicated himfelf to a Miniftery, and had received the Re-
ward for it, which was the fhould pcrfevere Adminiftring, ne-
verthelefs for fome Lawful Caufe^ it might happen to be neceftary, or
at leaft for the Publick, or for the Private good, that fome one might
deveft himfelf of it, 'twas introduced for a Cuftom that it might be,
and with the Authority of the Superior for fome Lawful Caufe, he may
renounce.
hyVra. Paolo Sarpi.
^'5
renounce 5 and the Caufes werein'twas praftized were, if through In-
firmity of mind or of Body, or became incapable by old Age, or if by N.
enmity of Potent Perfons on the place, he could not make his Red-
dency without Danger. When the Renunciation was received by the
Bilhop, the Benefice was efteemed as Vacant^ and he to whom the Col-
lation belonge'd Conferr'd it in the lame manner, as if it had been Va-
cant by Death. The Renunciat was introduced in thefe times, not for
any urgent Caule, but only to bring to pals that the Benefice might be
Conferr'd upon one nominated by the Renunciatory and as unto a new
thing, it behooved alio to give it a new Name, calling it Reflgnatio ad
favoremy becaufe it was only made to favour the Refignation, that he
might have the Benefice, 'tis indeed at the Superiors Liberty, to receive
the Renunciation or not, but he cannot receive it, but by giving the
Benefice to the Perfon Nominated. ,
Although this was a way for introducing Hereditary Succellion unto
Benefices, and therefore Dammageable unto the Ecclefiadical Order, it
proved more profitable to the Court, by how much the more frequent- ^9^'
ly the Benefice was Conferr'd, and by it the firli-Frtiits Receiv'd. Co-
vetoufnels and other Worldly Afifeftions taught many to crave for, and
to receive Benefices, not with a mind to continue in them, but with
thoughts of enjoying them until they could obtain better, or elfe ui>
til fbme defign of Marriage, or other kind of Life were brought about,
or elle until fome Youth might come of Age, at which he might after-
wards renounce, a thing which by Pious men was never exculed, and
'tis held for a Common Opinion, that wholbever receives a Benefice with
a defign of Renouncing it,- cannot with a good Conlcience receive the
Fruits, which fome of a larger Confcience, they do not mean fo gene-
rally of all, but of thofe only who do it with an intent to forfake the
Clerical Order.
As for Renouncings ad Favorem, which became Emoluments to the
Receiver, the Court that the Fruit might be all its own, Prohibited
the Bilhops from receiving fuch Renouncings, and referved that the
Pope of Rome only was able to do it. ^9^'
And becaufe many Beneficed men when they felt themfclves near un-
to Death, made themfelves a SucceflTor by fuch a way, 'twas Ordained
by a Rule of Chancery, that the Renouncing made in favour of ano-
ther, by a fick Pc/7f/fC(^manfhould notbeof value, unlefs the Renoun-
cer Survived twenty dayes after Confent granted.
In thefe times the Fountain of the Oblations of the Faithful, feem-
ed to be drained or leffened already while the War of the Fioly Land
lafted, and afterwards for fome years, whilfl: there was hopes that it
might berenew'd, through which means much Gold came unto the Ec-
clefiaftical Order, but all hopes being loft, the Oblations were ftopt :
Nevertheleft Example was taken by this work, and the giving InduU
gences, Remijjions, and Co/scelfions introduced for thofe who would lay
hold on, and Contribute thereunto by fome good and Pious work, for
daily there were new works Inftituted for each City, for which InduL
gence was granted from Rome-, this brought forth much Fruit to the 192.
Clerical Order, and to the Court which did partake of it, and this went
fb far that in the year 1517, there fprang up in Germany the Novelty
which every one knows. Pope Pius the ph Provided for our Age by
a Conftitution, whereby he AnnuU'd all the Indulgences granted by the
Claufe of Helping-hands , that is, with Obligation to offer Moneys
n-03
66 Of Beneficiary Matters
a thing which hath not yet ftopt the Courfe of this Harveft.
For although Indulgences are now given without that Condition,
neverthelels in Churches are fct forth Chefts, and Trunks, and
» the People believe no Pardon to be Obtained, unlefi they Of-
fer.
But returning to thefe years of the Schifm, for what Concerns the
gaining or acquiring of new Incomes, and fetled Eftates for the Church-
es, the hope feem'd to be quite loft. The Monies already had no more
Credit of Holjinefs, the Fervency of the Sacred Militia not only Lukg^
roarm^ but Exfmft. TheJFr/<^rJ• Mendicants^ (for all were inftitutedaf-
N. 193. ter the year 1200) had therefore Credit, becaufe they had totally de-
vefted themfelves of the Power of PurchafingEftates, and made a vow
to live upon Oblations only, and Alms, whereby it appeared that the
Augmentation of fetled Eftates would Ceafe,but a good way was found
out, which was the granting to the Mendicant Frjars by a Priviledge
from the Apoftolick See, to be able to purchafe Eftates, which by Vow
and by Inftitution was Forbidden them, many of their devout Perfons
were moft ready to Enrich them, there wanted nothing but the man-
ner how, this found out, immediately the Convents of Mendicants in
Italy^ Spain, and other Kingdoms were become very Commodious in
Eftates within a ftiort time. France only Oppofed this Novelty, fay-
in^ that as they were come into the Kingdom with thofe Inftitutions
of Poverty, it behooved they fhould perfevere in the lame, neither
would they fulfer them hitherto to purchafe, whereas in fome other
places their Acquifitions have been very Notable, chiefly in the times
194, of the Schifm, when all the Remainder of the Clerical Order were in
fmall Credit.
The Schifm of the Councel of Constance was railed, one of the Popes
having renounced, and the other two being deprived, and Martin the
$f/j was Eleftedin Councel, Anno. 1417, all were in hopes, that by the
Councel, and by the Pope all thefe diforders in Beneficial matters would
be Regulated, and indeed the Councel propofed to the Pope the Arti-
cles for Reforming the Refervations, the JirB-Fruits, the Favours, the
Expe&ancies, or Reverfons, the Commendings and the Collationings, but
the new Pope and the Court deliring to return home, and all the Fa-
thers of the Councel being weary of the long Abfence from their Hou-
fes, the treating of a matter fo difficult which required fo much time,
was eafily put off till the next Councel, which was intimated to be Ce-
lebrated in Pavia five years after, which moved the French to be un-
willing to exped a new Councel, wherefore 'twas ordered by a Decree
of the Parliament, that no Obedience Jhould be yielded to the Pope, un-
lejs the Kings Ediit were fiji Intimated and accepted bp him, which E-
J g - did took away the Refervations, and the Exadions of Money, therefore
Martin having fent a Nuncio to give the King an Account of his Ele-
dion, the Ring anfwered, he would have accepted it upon Condition
that Eledive Benefices were Conferr'dby Eledion, and the Rejervations
and the Reverftons were taken away.
The Pope was Content for that time, but in the year 1422, having
gained the favour of fome of the llniverlity, he endeavoured to caule
the Refervations to be received, however he could jiot obtain his int«it,
and they proceeded againft his Promoters by Imprilbnment. The Pope
laid the Interdiction at Lions, and the ParliasnentCkdered it fhould not
be ferved, and the Contention laftod until the year 1424, when the
Ring
hy Fra Paolo Sarpi.
67
Kin^ Compounded with the Pope^ that his Holynefi fliould have the
(SoUxtions until that time for Lawful, and for the future all Commands
fhould be received, But the Atturney and the Advocate General with
many of the Lords Oppofod the Execution of it, and having Repre-
fented to the King the dammagcof the Kingdom, they made this Agree-
ment with the King, to vanifh into Smoak.
In this Interval theCouncel of Ravia was held, which after begun,
was transferr d to Sknx^ and difpatch'd with great Celerity, nothing of
moment being Treated therein, but only hope given that in theCoun-
eel to be Celebrated feven years after at all Ihould be Reformed.
At the end of which feven years Martin dyed, and Eugenia the
Succeeded in the Popedom, under whom in the Councel of Bajel Anno.
1431) the fo much neceflary and defired Provifionwas made againft
difbrders in matters of Benefices the Rejervations were Prohibited ex-
cept the Vacanti in Curia^ the Reverjions^ the firU-Fruits^ and all other
ExaSions of the Court were alfo Prohibited.
The Pope feeing his Power reftrained, and his Wealth not able to
Support, he Oppofcd the Councely he endeavour'd to transfer it elfe-
where, to a place where he might manage the Prelates, which being re-
pugnant to them, he could not Succeed, and many Contentions pad:
between the Pope and the Ccuncely wherein Pious menlnterpofing them-
felves by daily Labour, found out a Mcdiunty but at lafi being fully 1^7^
refbi ved to provide againft Extorfions of Money, and the Pope to pre-
ferve his Authority, and Conveniency, they came to an irreconcilable
Breach. The Pope Annull'd the Comcely' theCouncel deprived thePopCy
and chofe another, whereupon a Schifm grew in the Church. That
Councel was accepted in France and in Germanyy and in the year J458, 1438^
there was Publifhed in France that Famous Pragmaticay whereby the
EleUions were reUored to the Chaptersy and the Collations to the Ordi-
nariesy and Rejervations were forbidden as in the Councel of Bajel. That
Councel was not received in Italyy where all adhered to the Popey fo
that Rejervations took footing, and every Pope renew'd them without
difficulty, and Introduced new Grievances befides in the Collation of
Beneficesy none of them ever moderating himfelf, unlefs when a Mcr
thod was found to work the fame Effeft Iw an eafier way : Julius the
id. and Eeo the \ oth introduced Mental Rejervationsy which they fb
called, and by another name, Rejervations in the BreaUy which were
not made publick like the reft, neither were they known, unlefs when
a Benefice became Vacant, if the Ordinary Conferfdit, or if anyone
went to crave it, the Datary anfwered, that the Pope had referved it in
his mind, a method or fafhion which lafted fome years, but then'twas
left oft, becaufe it became incommodious >to the Court of Rome alfb.
All other methods were carryed on to -excels, for as touching Reflgna-
tions in Favor em introduced heretofore,and pradized, there was added
the Refigning the Title only of the ^nefice^ referving to himfelf all
the Fruits thereof, which in exiftence was nothing elfe, but remaining
-Patron of the Benefice juft as before it was renounced, he CGnftituting
to himfelf a SucceXibr, who was in Name before the Death of
the Renouncery but in Fad he had no Right, and that the new Titular
Perfbn (who having a mind to gather the Fruits for the behoof of
the Renouncer) might not make himfelf Mafter of any thing, there
was added alfo, that not only all the Fruits were Referved to the Re- jgn
nouncer, but alfb that he might exad them by his own Authority.
I There
68 * Of Beneficiary Matters
There was nothing which might make the Rejignator different from
the entire Patron, but that if in Cafe the Titular dyed before him, all
the Fruits of the Benefice remained to him, but he could no more ere-
ate himlelf a Succeffor, and the Title might be given by the Collator
to whom he pleafed that ^0«ild Succeed after the ffenouncers
. Death.
The Court wanted not for an Excellent Remedy for this likewifo,
Regrefs. which was the Regrefs.
In the Primitive times of the Church there was a Holy and a Com-
mendableCuftom, that when a man was appointed to a Church, hene-
ver left his Charge in all his Life, for to have a Benefice of greater In-
come or of greater Honour, it foemed enough for every one to per-
form the beft of his Office ^ fometimes for neceffity, when there was
not a fit Perfon for a great Charge, the Superior took one who was
N. 200. Occupyed in a Lefs, and by Obedience transferr'd him to the Greater,
a thing which afterwards was fought after by fome, either for greater
Commodioufneis or for Profit, whereby the Tranflation which was un-
ufual, became moft Cuftomary, and the Pollicitation of every one was
fuch, to raife his Degree, that oftentimes having left that in Polleflion,
and impetrated for another, his Impetration proving vitious, he has
been deprived of both, which being inconvenient, Cuftom obtained,
that if the Impetration of the fecond place could not take Effed, the
Perfon Beneficyed might return to the firft without more ado, and this
Regrefs. was called the Regrefs,
In like manner to this there was invented the granting a Faculty to
the Refignant, that when-ever the Refignatory fhould dye or Renounce
the Title, he might without more ado return to the Refigned Benefice,
and by his own Authority take Poffeflion anew, and make it his own
as if he had never renounced it 5 and if he fhould not have taken to
himfelf the firft Poffeffion of the Renouncement (in which cafe the
201. Regrefs cannot take place) he may by Accefs, and by Ingrefs takePof^
fetlion likewife by his own Authority, without any other Miniftry of
the Judge, and this is called a Regrefs. Therefore the receiving and
the admitting the Renouncements uponthefe Conditions, and therewith
to give Title to the Refignatory, hath never been permitted by the
Pope of Rome to others, but hath referved it to himfelf only. This
Method was Condemned by all the Writers, chiefly hyt\\&'VniverfltyoC
France, and Prohibited by the Parliament, neither could it be cover-
ed with any fair Pretext of Antiquity, wherefore there were fome who
made a Confcience and were afhamed to ufe it, for whofe fatisfaftion
there was found out another of an Antient Original, but according to
Cuftom fitted for the prefent Occafions.
oa ;utors. Coadjutory, a moft Antient and a moft Commendable
Cuftom there was in the Churches, that when any Minifter, or Pre-
late, or other became unable or lefs fit to perform his Charge through
old Age, or by Infirmity of Mind or of Body, or for other Caufe he
202. took to himfelf, or the Superior gave him an Afliftant, who together
with him might bear the Burden, but he had nothing to do with the
. Office or Benefice, but whilft he lived, whofe Coadjutor he was, who
being Dead, a new Titular one was made.
This Provifion was alwayes Commended, and never was any Oppo-
fiticn made againft it.
After-
by Fra Paolo Sarpi.
Afterwards 'twas Gonfidered, that if it were OrderM, that the Coad-
.jntor might Succeed, a greater Benefit would arife 5 Firft he would
be more diligent in managing a thing which was to be his own, o-
thers would love him, and would repute him more as their own, than
another 5 upon which the Coadjutor Was made with a Succeffion to
come, a thing which had Defenders and Oppofers. 'TwaS Oppofed
by faying, that every Succeffion inEpclefiafVical jBewe/texisCondemna-
bie, it offers Occafion of procuring or defiring another mans
Death.
Twas defended with the Famous Example of St. Attgufiitt, who by
Valerius his Predecejfor was made Coadjutor with future Succeffion,
which Example ferves not very well, becaufe St. Augujiin himfelf blames N. 903.
it afterwards, and would hot follow it, and was not afhamed to fay
that it was done by him and by his Predeceffor out of Ignorance. But
in the times we fpeak of^ they not only gave Coadjutors with future
Succeffion, unto Prelates, and to otherswhichhave Admimftratioh,but
alfb in fingle Benefices^h&t isno need ofbeing Affifled,fb that the Coad-
jutor retains only the Name, there beir^ nothing Real, but the fil-
ture Succeffion, which is a thing fb abhorred by the Canons.
'Twas praftized or ufed inthefe times, that whatfoever Beneficyary
who would make himfelf a Succeffor indifferently according to his dif-
ferent pleafure, or make a Coadjutor with a future Succeffion, or refign
in his favour refervihg to himfelf the Fruits, and with Regrefi, but
yet this was Rejerved to the Pope only, and in no wife granted to other
Collators,
The Councel of BaQle was received in Germany by fbrae, and by
others not, and therefore Benefcyal Caufes were differently underftood. 20i^
To provide againft the Diverfities and Diffentions 'twas agreed in the
year 1448 between Nicolas the ph, and Fredericl{^th.e Emperor in this
manner, that Benefices Vacant in Curia fhould be referved to the Pope,
and for the Remainder of the Eleftive Benefices, they fhould proceed
by Eleftion 5 As for others, thofe Vacant in fix Months fhould be the
Popes, in the other fix they fhould be diftributed by the Ordinary CoUa-
tors, adding alfb that if the had not in the term of three Months
Conferr'd thofe which belonged to him, the Collation fhould devolve to
the Ordinaries. The Agreement was received throughout all Germany,
and until the year 1518, fbme Diocejfes obfervedthe of Baftle,
which annull'd all Rejcrvations, But in Progrefs of" time, thofe alfb who
received the Agreement at the beginning, forbore to obferve it after-
wards, and excufed themfelves, faying, that the Agreement was not ge-
nerally received, and hath loff its force through difufe, fo that (we
treat not of thofe Cities where the Bijhops and Chapters are departed
from the Roman Church^ but alfb in the Churches which remain un-
der Obedience, little or nothing was obferved. -
Clement the jth, in the year 1534 made a fevefe Bull, but it took
but little Effeft. In the year 1576 Gregory the Sth made another with-
out better Succefs. In the Diet at Ratisbone Anno. 1594, Cardinal
driitius a Legate of Pope Clement the ^th, made a great Querimony a-
bout this in the name of the Pope, no Fruit appeared. At prefent there
remains the fame variety and Confufion 5 The Roman Court hath but
two Remedies only, one by the means of the ConjeJJtons of fejuits^
which work by terms of Confcience, that Beneficymes yrovi&td. by
Ordinaries, are Gcmtent to take the Bulls ftom Rom, and fome do
I 3 ' ths
of Beneficiary Matters
the other Remedy ufed by the Court but in Benefices of Importance and
with Perfons partly depending on them, is, that an Ele&ion or a CoUa-
tion being made contrary to the Agreement^ the Court annuU's it^ butaf-
N. 206. terwards Confers it on the fame Perfon, a Remedy much ufed hereto-
fore upon other occafions alft), not becaufe it helps at that very time,
but becaufe keeping thofe Writings, they make ufe of them in Sue-
ceeding times, to (hew that they had Obedience 3 as fo many other De-
cretals which took no Effedt, are neverthelefe in the Decretal Books for
the famedefign.
In France the Pragmdtica was rigidly contefted by Pius the 2d^
which the French Clergy and the TJniverJlty of Paris oppofed Conftant-
ly,. wherefore the Pf/'e turned himfelf unto Lexris rhe iith^ (hewing
him how it was unfeemly to him, that in his Kingdom they (liould ob-
ferve the Decree/ of the Councel of Bajel^ againft which he being the
Royal firft born, departed from the Father out of diftaft, went with
Arms, received Moneys from PopeEugenius the ^th to difturb the Coun-
eel 5 for which Reafons King Lewis Anno. 1461, Revoked the Prag-
matica and made it to ceafe, but there following a Reclamation of the
ZJniverflty, and Remonstrances from the Parliament^ which arc yet to be
found, wherein they reprefented to the King, the grievances of the
Kingdom, and of the EccleflaStical Order., with an Account made up
And reaorcd years, four Millions were gone to Rome for
" ^ ' Beneficyal Caufes. Three years after the Pragmatics was reftored by the
fame Ring. Sixtus the ^th then oppofed him, and made an Agree-
ment to deftroy it, which is ftill to be found, but they would not re-
ceive it, and the. Pragmatica remained. Innocent the 8th., Alexander the
6th and Julius the 2d ufed all means to Abolilh it, but could never
Obtain it , Finally Leo the loth made an Agreement with King Fran-
And taken a- ck the FiiR, by which the Pragmatica was taken away, and 'twas Or-
way again, Power of Choofing Bijhops and Abbots (hould be quite
taken away from the Chapters of Cathedral Churches., and from the Con-
•ventuals, hut Bifioprick{ and becoming Vacant, the King might
name a fit Perfon, on whom the Pope was to Confer the Benefice.
That the Pope of Rome could not give Reverfions, nor make gene-
ralor (pecial Refervations, but that Benefices becoming Vacant in four
Months of the year, fhould be Conferf d by the Ordinaries on the Gra-
2o8* duates oStheZ)niverfities,2ind the Vacants in the other eight Months,
might be freely Conferrd by the faid Ordinaries., only that every Pope
in his life time may Charge any Collator of Benefices to Confer oneac-
cording to the difpo(al of his Holynefs, in cafe there are to be Conferrd
between Ten, and Fifiy , and if there be above Fifty or more be
' may Confer two 3 and although there were many Difficulties in Accept-
ing the Agreement, and the Univerfity appealed to the next Lawful
Councel, neverthelels the Authority and the Utility of King Franck
overcame, and the Agreement was Proclaimed in France, and put in
Execution. In fiich manner that after ib many Popes from the year 1076
unto 1150, ftroveby the Excommunicating an infinite number' of Per-
fons, and by the Death of Innumerable more to take from Princes the
Conferring of Bifhoprickf, and giving the Eleftion to the Chapters-^
contrary-wife Pius the 2d with five of his Succeffors have ftriven to
take theEledlion from the Chapters of France, and give ittotheifw^,
200. and Leo the iot/» did obtain itatlaft3 Thus the Alteration of Interefts
bear along with it the Change and Contrariety of Doftrine.
Some
70
Pragmatick
Sanftion rc-
voked.
207.
^ Fra Paolo Sarpi. 71
Some Speculative men have accounted the Reafoti of this to be, be-
caufe the Example that the Bifhop and the Clergy might Confer, may
keep alive the Praftice, and the moft general Doftrineof the Church,
Contrary to the Modern 5 others becaufe it is ftill moreeafieto take it
out of the hands of a King^ who may be of aweak^Spirit, or m&yi^and
in need of the Pope^ than from the Bifhops and Clergy.
King Francis made many Laws befides to regulate the Poflcflbry
of Benefices^ and the Agreement was obferved by him, but the Execu-
tion was interrupted for fome years by his Sonfie^r^ the when he
was in War with Pope Julius the 3^/, becaufe of Parma'-} wherefore in
the year 1550, the King Prohibited that any Proviiion of the Popes
Benefices Ihould be received,and Commanded that all fhould be conferr'd
by the Ordinaries^ but Peace being made, all was Corapofed, and the
Obfervance of the Agreement returned.
But in the year 1560, the States were held at Orleans in Charles the
<^tUs Minority} where the Collations of Benefices were regulated, and
many things abolilhed which were Contained in the Agreement. Great
Confufions and Wars happened in the Kingdom, and the Cardinal of
Ferrara was fent Legate into France, who Obtained that the Ordinan-
ces of Orleans fhould be fuperfeded, with a Promife that the Pope With-
.in a fhorttime fhould provideagainft the Abufcs, for which theOrdi-
nances were made, of which nothing was done afterwards, fb that now
the Concordate remains j Thus went the Affairs in Qermany and in
France.
But the State of Italy which we have lately defcribed, was greatly
altered by the Celebration of the Councel of Trent, which made feve-
ral Decrees on this Matter, -to provide againft the Abufes abovefaid
then reigning, and although from its beginning,which was in the year
1547, it began to attend thefe Correftions, and made many Decrees
which were not put in Execution until after the end of it, which was
Anno. 1563, wherefore it may be laid, that all the Provifions are to be
referr'd unto this time. Twas the Intent of this Councel to remedy
three things5. Firft the Plurality ol Benefices'-} Secondly^ Hereditary i piurdities
Succejfiion'^ Thirdly, 4he Abfince of Beneficiated men, and to Prohibit a Hereditary
all kind of Plurality, 'twas Ordained that one, although he wei« a
dinal, could not have more than one Benefice, but if that were fo fmall
that it might not ferve or be flifficient for the Expences of the Benefit-
eyed, he might have one more, which was therefbre to be without Cure
of Souls : It Prohibited the Commendums of Benefices^ Curati adVitam,
which was a Pretence to make a man Obtain two, it Ordained alio
that Monajieries (or the future fhould not be Commended, and thofe
that were fo till then, when they became Vacant fhould be reduced in-
to a Titles It Prohibited alfb the Unions ad Vitam which was another
pretext of giving divers under the name of one 5 It Prohibi-
ted totally the Regrejfes, . and the Accejfies to take away Succeffiion; It
Prohibited alfo the Coadjutorjhips with future Succeijion, abfolutely, ex-
cepting in Cathedrals, and Monasteries, wherein was Admonifhed, that 212.
they fhould not be granted by the Pope butfbr juft Caufes, but the
Prohibition is without Efiedt.
In the 14 laft moneths Refidency was treated with fbme Contention 5
becaufe there was fprung upaQueftion among the Doftorsa little before,
whether the Refidency of Bifhops and of other Curates in their Churches
were de Jure Divino, or Canonick, for which caufe the Councel was
divided
J2 Of Beneficiary Matters
divided in fuch a manner, that in Aj^ril Anno 1562. a Scrutiny being
made of the number of both Parties, there 67 found whole Opinion 'twas
de Jure Divine^ 33, who opinion'd it to be de Jure Pojitivo^ and 30,
who were of Opinion that this Point ought not to be decided without
firft treating with the Pope. Of the firft number were the Northern men
and other caft-olf Bifhops, on the Second and the third the Dependents
on the Conrt. If Refidency (hould have been made de Jure Divine^
it would follow that the Pope could not have been able to difpence it, but
that the Authority of the Biftiop alfo would have been de Jure Di-
N. 3^13. and no man was able to reftrain it, thefe were things which
Squinted at the Depreffion of the Courts Greatnef^ wherefore the O-
pinion was Maintained by both Parties with much boldnefi 5 The Bufi-
nefs came to Praftices, fo that after fourteen months Refidency was
Commanded, yet not declared quo Jure the Curate ftiould be Obliged,
only Penalties were enjoyned upon non-Rodents, as to other things,
they were left in their firft Eftate or Condition, but thole who were
at the Councel, and have left any works elpecially of Divinity, have
Maintained Refidency to be de Jure Dtvino, proceeding fo far, that tx>
alErm the Contrary, they efteemed it a deluding of the Holy ^ripture,
and natural Realbn it Cdf, and all Antiquity, but not to provoke the
Court againft its lelfj they have found out Exceptions by which the
Pope may make us Difpenfiitions.
Rcfervations. Cfouncel fpake not of Refervations chiefly, (which wereencreafed
214. above meafure) becaufe they Concerned the Popes own Perfon, where-
fore they ftili remained^ yea they WCTeEncreafodafterwards. Itfeem-
ed that in taking away the Unions, and the Commendums ad Vitam, the
RegreJJes and the Cvadjutorjhips were in a great lhare proceeded if not to-
tally, yet the greateft part 5 however a Ipeedy Remedy was found out
which not only did the fame, but much more, yea greater than the four
tPcnfion. above named, and that was the Penjion, 'Tis an oblervation of Godly
men, that in thofe times the Court would never be induced that a gain-
ful Abufe Ihould be Abolilhed or Correfted, until it had prepared a
greater and a more profitable one, but in this 'tis very certain to be lb,
ahd therefore 'tis to be obferved, that it is not a thing of thefe our times
only, the laying a Penfion upon Benefices, only the manner is new,
and the frequency is peculiar to our times.
When the Church Goods were in Common, the name was unheard
of, after the Rule or Canon praftiz'd by. all was made, that Benefices
fhould be Conferr'd intirely and without Diminution.
After that the Clergy among themfelves gave a be^nning of going
to Law with them, when the Caufe was doubtful, one fide yielding
up his Rights, if a part of the Incomes was granted him with the name
of a Penjton: Like wife if twoBeneficyaries for fome good Refped with
Authority of the Superior fhould interchange Benefices, if the Incomes
were not equal, they patch'd up that with a Penfion, which the Richeft
left.
Pcnfions. Afterwards alfo when any oneRefigned with Licence of the Pre-
late, a Pennon was left him, on which he might live. There are Popes
Decretals of thefe three forts of Penfions, which were about the year
1200. And thefe forts the French admit of alfo by Jurifdidions, re-
fufing to admit of the others, which are thofe that are given only to
afford a livelyhpod to one, to another becaufe he is well-deferving from
the ApoftoUck See, to another becaufe he is Learned, or becaufe he is
of
Fra Paolo Sarpi.
73
of a gentile Behaviour, or becaufe he hath lerved the Church or the
Prelate, alfo becaufe he hath the Popes favour only, Alfotoa Youth, N. 2id..
becauie his Genius prefages a good event or Succejs 3 All thele are juft
Caufes fay die Canonifts, why Pcnfions may be given, and they have
no Regard to add, that without any Caufe the Pope may give a Pen-
fion upon any Benefice, to any Perfon he (hall think fit, and he that re-
ceives likewife without any Caule, but out of the Popes good Will on-
ly, with a fafe Confcience. Now therefore inftead that two Cured Be-
nefices were held, one in Title, the other in Commenditm, were United
ad Vitam, and the Party Beneficyed was forced to allow a ftipend to
him that ferved in one of them, at prcfent 'tis given to him in Title,
and tohimfelf for a Penfion the fame which he takes, and it turns to
the lame, yea to his greater Advantage, becauie he was Subjedto give
Account of the Errors which his Subftitute had Committed, and there
was Ibme necelfity for his taking care of it, but thus nothing lyes up-
on him, and the Profit is the lame;
In the like manner he that made a Coadjutor, or renounced with a 217;
Regrejs, ought 10 take fome Care of the Benefice of which he had a
(hare, and the which might become all his own, but renouncing, with
relerving a Penfion to himlelf, he remains free from all Care and thoughts,
and if the Relignatory dyes or yields up, it concerns him not, he hath
his Penfion free, and without Moleftation.
Moreover 'tis more Profitable to have a Penfion, than a "Pieisefice 3
firft many Benefices require Holy Orders, and the Age of being able
to receive them, as for the Penfion, the firffc fhaving is fufficient, and
fometimes the Age of feven years. Befides Penfions are given to Lay-
men alfo, as Commonly to the Knights of St. Peter, Inftituted by Leo
the loth, and to thofeof St. Paul Inltituted by Paid the t^d, and to the
Pious Knights, Inltituted by Pius the 4//^, and to thole of Loreto, lit-
ftitutedby Sixtus the <^th, which may have, fome 15o,fome Q00 Crowns
Penfion, and to whomfoever the PopepletxCethj Again of Benefices, in
the times when he that held more than one, there was alwaycs Ibme
fault found with him, or they had a Ciying to him, and a Difpcnfation
was necelfary, which caufed fome Expences, notwithftanding this, the
Doftors put it in doubt, whether a mail Secured himlelf in Confcience, 218
or no. may be had to any number without Scruple, and there
is no Penfion Incompatible. A Penfion may be given with Authority,*
to transfer it to another according to ones own Will and Pleafure, a
thing which cannot be in Benefices without palTing through the Bounds,
and through the Ceremonies of Renouncing, and Renouncings were
invalid, unlefs the Refignatory furvived twenty dayes^ but the Penfion
might be transferr'd alfo at the Point of Death.
That which chiefly Imports is, that thePenfion may be Extinguifijed,
which in Italian fignifies to make a Sum of Money of it, for every a
Contradt made about a Benefice, is accounted as Simony.
To extinguijh a Penfion, fignifies nothing elle, but to receive a quan-
tity of Money, to free the Beneficyary from paying the Penfion, which
quantity is Taxed by Agreement, according to tfc greater or to the
lelier Age of the Penfionary.
Formerly before our Age, there was no way to make ready Money 21^;
of a Benefice, that would have been with an Infinite Offence before
God, and before men 3 now 'tis done Lawfiilly. I have a Benefice of
200 Crowns. I renounce it unto Antony, referving to my felf a Penfion of
ICO,.-
74 Of Beneficiary Matters
loo which I extinguifh as loon as 700 are received, that is, I renounce
it, and fo have made of my Benefice 700 Crowns ready Money witli-
out fin. Some are fo little Penetrating, that this circling about, leems
to them to be the lame, as if I Ihould fell my Benefice for 700 Crowns,
but they (hew a grofs Judgment. There are many other things where-
in the Penfwn is much more Commodious, as is ufod at prelent in U-
nions^ in Contmcndums^ in Coadjutorjhips^ and in Regnfies.
Some Magnifying the Commodioufneis of making Money, which the
Pope hath for the neceffities of the Apofiolick^ See, do fay that if he
Ihould open the Regrefies, he might raifeas much as he would, and they
fhew they underftand not matter of Benefices, there Would not b^e a
Farthing gotten by this. The Penfion is much more ufeful and Com-
modious, wherefore 'twas 'eafie to execute the Councel, becaufc it be-
N.220. came Convenient likewife 5 but the raifing Monasteries with Ccmmcn-
dims which the Councel Commanded in like manner, hath not been
put in Execution hitherto, but many which were in Title have been
Commended anew, there being no way found out to do it Commo-
dioully.
The Penfion cannot be Impofod by any, but by the P/7/?e only, a thing
of a great Emolument to the Court of Rome.
This Alteration hath Italy made for the Councel of Trent, which ha-
ving not Treated of Rejervations, and thofe being alfoenciealed, and
are every day encreafing, there remain! of the Benefices in Italy at the
Popes Dilpoial, with good hopes that the Sixth which remains may be
to Compleat the Whole.
By the Rules of Chancery all the Benefices are Referved to the Pope,
which John the 22d and Benedict xhc 12th referved to themfelves, and
afterwards all thofe Obtained by any Perfon being an Officer of the
Court, although it were after he was !igone out of Office. All the
221. Patriarchies, Arch-Bifi)Opricks, Bijhopricks aud Monasteries of men are
alfo referved, which exceed the value of 200 Gold Florins, and alfo
all Benefices belonging to the Collation of whomfoever, and becoming
Vacant by the Cejjion, by Privation, or by the 'Death of the Collator,
until that the Succeffor ihall have taken quiet Pofleflion ; Alfo the
Chiefeft Dignities after the Pontifical in Cathedral Churches, and the
Principal Dignities mCoUegiate Churches,Priories, Prepofitures, and other
Conventual Dignities, the Preceptories o£ all the Orders, Mi-
litary, the Benefices of all the Popes Familiar Acquaintance, and of eve-
ry Cardinals, although they be no more in their Service, or becaufe
they be gone away, or becaufe the Cardinal is Dead, alio all the Be-
nefices ol the CoUeUors and Sub-Colleltors,z\\ the ^tneSicesoI ihc Roman
Courtiers, which dye in a Journey when the Court Travels, all the" Be-
222. nefices of Chamberlatng and Curjbri, befides all thefe Benefices which Com-
prehend all the Chiefeft, and a great part of the reft, the'P^/Jc Referves
to himfelf all Benefices of any kind whatever, which become Vacant
in eight Months of the year, leaving only four Months unto others,and
this as touching other Benefices not above named.
Befides thefe, there are referved alfo by a Conftitution of Pppe Pisof
the ^th, all the Benefices becoming Vacant forCaufe of Herefie, or for
Confidence, and all thofe which fhali not fee Conferr'dvaccording to
the Decree of the Councel of Trent 5 He that/ (hall put together all
thefe Refervations, will find that at the leaft ths are the P<//'cj', and
ith belongs to all the othbr Collators together.
by Fra Paolo Sarpi.
75
To give Commendations to whom they are due, the Diligence ufed
by the Popes of Rome is not to be omitted, not to fufFer that the Bi-
(hops and other Collators of Benefices fhould give place to any Abufe,
they never permitted them the Power to jmite Benefices ad Vrtam, nei-
ther the Commendings ad Vitam^ they have not permitted that they 22
could difpenfe upon a Plurality of Jfjcompatibles^ nor to grant RegreJ-
Jes or Coadjutorfldps with a future Succejjion^ and ufing the fame Dili-
gence at prefent, they do not give leave that a Penfion though but fmall,
(liall be laid upon the Benefice 5 In like manner they do not admit that
they may receive the Refigmtio^s ad Favorem, but in receiving the ab-
(blute Refignations which have been u(ed moft Antiently in the Church,
Pope Pius the'^th Amio. 1568, Prohibited under moft grievous Penal-
ties all Ordinaries which having received the Refignmentof a Benefice,
from Conferring it on any Kinfman, Relation, or familiar Acquain-
tance, or friend of theRefignant, Obverting, that neither by Words
nor by Signes or other Shews, they fhould have Demonftration of ano-
ther Perfon to whom the Refignant had adefire the Collation of the
Benefice fhould be made.
'Tis Conftantly Affirmed by allC^wwi/j-and Cafuifts, that every Con-
tra& in matter of Benefice is Simoniacal^ if it be made without the Popes
Participation, but with Fx?, Intervention tvQvy tFxn^'xs Legitimate^hold- ^^4^
ing for Conftanc this general Propofition, which is, that the Pope in
Beneficial matters cannot Commit fsimony^ which gives no very good E-
dification to the World, yet the moft Modeft CanoniUs do limit it, di-
ftinguifhing fome kind of Simony to be forbidden by Divine Law, and
another by the Law of man, adding that the Pope only is exempt from
Committing Simony forbidden by Humane Law : But notwithftanding
this, they ftumble upon the fame Difficulties, becaufe that which is not
evil by its own Nature, nor forbidden by God, deferves not this name,
and it is fuperfluous to make a Humane Law not to obferve it, and he
that fliall look into it, and not make himfelf a Pretext with Words,
fhall fee, that all is forbidden by God, and certainly it cannot be (aid,
that in this Part of holding the other Bifhops in Office, the Pope fhould
have failed, and it hath been a very great Grace of God fhewn to the
Popes,y that they have been able to keep the Remainder of the Church
fincere from Simony, and yet they have not been able to extend this 225;^
good to themfelves, nor to their Court 5 And if one day, as there is
hopes, that it may come into fome good Popes mind to Reform the
Court, it would be a moft eafie thing to do it, only by receiving thofi
Larps for himfelf nvhich are given to other Bifisops ^ and we might fhortly
expeft fuch a Profitable Reformation, if Flattery kept it not off at a
diffance, by Propofing to the Popes, that they being in Poffeilion at
leaftwife in Italy and in a few other places, were not Subject to any Rule,
it being not good to Deprive themfelves, and do that Prejudice to the
Apoftolick See, quite Contrary to the Doftrine Profefied by the Anti-
ent Holy Popes, and Doctors. But by the things abovefaid, it is very
clear, whether the Popes of Rome may have full Authority over Ec-
clefiaftical Eftatesand Benefices, fb as not to be fubjcfttoany Rule in
the managing of them, wherefore proceeding by Reafon, if the Church 235
of each place be Miftrefs of the Eftates which fhe Poflefleth, becaufe
the Dominion hath been transferr d to her, by him who was the firft
Mafter of them, with the leave of the Prince, who by Law hath grant-
ed to her Purchafing^ it remains that the Eftates ought to be under the
K Government,
Of Beneficiary Matters
Government, and Adminiftration of thole who are appointed for that
Charge, Firft according to the Difpofition of the Law, and then accor-
ding to the Conditions which the Donor Prefcribes, and the Teftator
formerly Patron of it, and finally, according as the Church hath grant-
ed, who is made Miftrefi of it, yet not going contrary to the Dilpofi-
tion of thole, from whom it hath Caufe. And this is fo Evident and
Clear, that it cannot be put in Doubt, unlefs by one who hath not Com-
mon fenle, orelle, who in treating and Ipeaking, follows not that which
he is inwardly lenfible of.
The Clerks or Clergy-men are become Adminiftrators of thefe Goods
by Laws which have granted unto Chriftian Colledges, the Power of
227.
acquiring Eftates, both by Wills and Donations of thole who have be-
queathed their Goods, and by the Authority which the Church hath
given unto the laid Clergy m^QCanom'-) therefore they are Obliged to
Govern and to Difpence thefe Eftates according to the Laws, Dilpofiti-
ons. Donations, and Teftamentary Difpofitions, and according to the
Canons : and that which might be done Contrary to it, cannot b^e called
otherwife than Injuftice, Injury, and Ufurpation.
The CanoniUs lay, that the Pope hath moft full Power over the
Goods and Benefices Ecclefialtical, fo that he may conjoyn them, dimi-
nilh them, ereft new ones, give them ad nutum. Confer them before
they become Vacant, lay upon them Servitudes, Burdens, and Penfions,
and generally that in Beneficial matters, the Popes Will is in the Head of
Reafon or Right.
This SulEceth not, but they add, that the Pope may alter or tranf-
form into other Works, the Legacies ad P/as Canfas, and may alter
the Difpofition of Teftators, applying that to another, which they fnall
have appointed for a Pious Work, and it cannot be denyed that this is
the Practice which hath changed all the Government and all the An-
228. tient Inftitutions, but it remains ftill in Doubt, who does amils and errs,
the Antientor the Modern, if fo much as a Doubt may happen.
Martin Navarr with fome of the more Moderate Canonijis^ limits
this Propofition, that the Pope may alter the laft Wills, only reftraining
when there is a Lawful caufe of doing it, which otherwife would be to
deprive a man of his own, and of the Power granted him by the Na-
tural and by the Divine Law, coming down alfo to this Particular, that
the Pop cannot without Caufe give that to one Church, which is left
unto another, therefore how much lels unto Perfons not called. Na-
varrm faith alfo, that the faying of the Glofs approved by the Canonists:
That is, in Beneficyal Matters, the Popes Will is instead and tak^s the
Place of Reajbn^ is to be underftood only in things which are de Jure
Pojltivo, but not in that which cannot be done without diiagreeiiig
with Natural and Divine Law: And thofe who give no unlimited Ppw-
229. er unto the Pfpe,would alfo exclude the Canons of the llni verbal Church,
not to fall into the Abfurdity, that in a Matter of fuch Importance the
llniverfal Church fhould have erred, and done amifs, and that the
Court fhould do uprightly. The faid Navarrus adds further, that it
being faid in the Clementines^ that the Free Dijpofal of Benefices belongs
to theP^pe, The word Free is or ought to be underftood, vpithont Li-
cence^ Leave, or Conjent, and notwithftanding the Contradiftion ofany
man foever, but yet without Prejudice of the Third ; if we fhould
admit of this Expofition, as it feems Convenient to be admitted, there
would be feen a great Oppofition to Refervations, becaufe they are
Prejudi-
^ Fra Paolo Sarpi. 77
Prejudicial to the Bilhopsinthe giving of Benefices unto Strangers, be-
caufe it is with Prejudice to thofe of the Country, in whole Favour
the Wills are made, and it would not be very favourable to the Pre-
tenfion, to have Power or to be able to alter the laft Will and Tefta-
ment, being Prejudicial to the Memory of theDeceafed. I know well
that others anfwer to this, that all is true, when there is no Legitimate
Caufe 3 but the Point is, who lhall be Judge of the Lawfulnels of the
Caule, for if it belongs to himfelf^ whole Authority is to be reftrained^
'tis as good to give him the Ablblute Authority, as that which is limit-
ed with a Lawful Caufe, unlels the Law be above it. Navarrtfs adds
very Notable things, laying, that in our Age, the Opinion of the Ju-
rifconfults which expatiate fo much the Papal Power in Bcmficyal mat-
ters, is in much Credit to pleale thole who are Ambitious of many Be-
nefices, which they accept as fitted for their Ambition and Covctouf-
nels, who heard a Divine fay Publickly, and a Famous Canomjl^ that
they .would willingly accept of all ihQ Bemfices the Kingdom, if
the Pope would Bcftow them upon them^ but on the Contrary Piits
told them, that the Jurifconfults are wont to attribute more
Power than Convenient to the Pope^ whereto he anfwered, that there
are Ibme alfo which do not Extol, but that it behooveth to walk in the
middle way, having Refpeft unto Divine and Humane Laws together,
not doing like the Modern Jurifconfults, who Magnifie Humane Laws 23!.
lb much, that they anfwer againft the Divine.
However I intend not to Contradid: the Opinion which gives f >
much Power for the Reverence due to the Pope of whom is treated,
although it Comprehends not how it agrees with Divinity and with
Realbn, I lhall only propole fbme Difficulties, which are wont to be
Promoted by Writers on fuch an Opinion, which when they lhall have
relblvcd, truth in this matter will be moft clear.
And firlf. If the Pope hath fuch an Ample Authority, who hath gi^
ven it him ? Not Christ 5 becaule the Authority given by him is only
in Spiritual things for and for hindwg^ that is, for remitting
and for retaining of Sins. And then the Eccleliaftical Eftates are Pof-
felled de Jure Himano^ and not Diviao^ and for liich it hath been re-
folved above, and therefore he hath not received this Power from God,
much Icls from the Laros of Princes^ from Teftamentary Difpolitions, 232*
nor from the Canons of the Churchesbecaule all thefe have given the
Adminiftration to the Clergy-men of each Church, over the Eftates
and Benefices thereof^ and prefcribedly alfo with limited Conditions,
that they may not be altered, therefore he hath it not from thele.
There are no other Patrons in being, nor none can have Authority,un-
lels granted by thele, therefore it remains to be Confidered from whence,
and by what other way it hath been given him.
To this Doubt a fecond may be added 5 if the Pope hath this Autho-
rity, what is the Caule that his Predecellbrs for a Thoajand years and
more have never Exercized any, nor any Antient Doctor^ nor Councel^
nor Hijlorian^ nor Father^ nor Canon^ hath fo much as made mention
of it ? It cannot be Attributed that there is a neceility for that now
which was not in thofe times, becaufe that in the Ages that paft be-
tween the years 800 and 1100, for 300 years the Diforders were fo
great throughout all Europe, that in Com^rifonof thofe, thefe at pre-
lent are Tollerable, and indeed no Pope did fo much as intrude himfelf
into the Eftates of other Churches, which had great need of being Go-
verned, K 2 And
yS Of Benejiciarj Matters
And after the Popes had begun to interpofe themfelves in fome pla-
ces, until the time of Clement theno man ever pretended to fuch
an Ample and Abfolute Power, but the faid Clement hath not direft-
ly publilhed fuch a Power, but dealing otherwife, and almoft Inciden-
tally, a way which is not wont to make an entire Proof, becaule the
things incidentally fpoken in one way, being direftly Confidered and
Examined, are oftentimes exprelled after another way.
Neither can it be faid, that this Authority ferves for or tends to
good, becaufe it appears thereby, that almoft all the Abules have been
Introduced. From hence proceeded the Commendums^ the Penjlons^
the Regrejfes^ the Unions^ the Reflgnations^ the Expecdancks^ the Re-
Jervations, theTearljPajments, and the ^indefsninms^ and other kinds
which no man defends, unlefi by excufingthem with the general Cor-
ruption of the times.
N. 234. There remains yet a third Doubt, no left Confiderable in this mat-
ter, which is, that fince the Popes have begun to make ufe of this lb
abfolute Authority, the Chriihan Kingdoms have alwajes Complained of
itj and have made fome Oppofition againft them, as is above raenti-
oned in this Hiftory, fo that the Popes have been neceflitated to Mo-
derate themfelves. And the Moderation was not in their Condefocnd-
ing to forbear the exercifo of their pretended Authority, but byway
o( Traniaihion-pradiized 'mdarliReaJdns^ making agreement with King-
doms, and by Form of Contraft, refolving unto what Terms or Bounds
their Power was to extend, a thing which might not have been done
in Prejudice to their Succeflbrs, if that Authority had been thus free
in the Popedome.
Pragmntica Pope Leo the loth, to take away the Pragmatica, makes the Con-
sj.n(iio cordat, and fo he himfelf calls it in his Bnhl: He that hath a raoft Am-
concordi. Authority makes not a Concord, but Treats with his 6^ubjedslike a
, Superior, and by way of Concefiionj I offer no Violence to the word
235, but in all the thing it felf, Leo not only calls it a Concordia, but (ayes
alio 3 lUam veri contralius, Obligationis inter nos, <&' Sedan Aposfo-
licam pr£di&am ex una, d' Prdcfatum Regent ex altera Pariibuf Legiti-
me initi. Some man may require that it be declared. The Popc^me
of Rome having a Difference with the Kingdome of Fr-ance, the Pope
pretending to have an abfolute Authority over Benefices, to referve
them to himfelfj &c. And the Kingdom pretending, that the Autho-
rity belongs to their Prelates, they forme two Parties at Law, and to
put an end to the Controverfie, they make a Lawful Contrail of Obit-
gatisn, whereby they declare what ought to be the Authority ofeach,
how can any man fay, that the Popes Pretenfion was Legitimate and
Clear ? I cannot fay that I am able to anfwcr any of thefe DifSculties,
if there be any Anfwer, I Refer it to the Judgment of the Wife3 well
may I fay, that Obferving that which for above a Thoufand years hath
been Objerved, that Eccleliaftical Livings have been Adminiftredineach
2^5^ . Diocefs, their own, by their own Minifters, all Difficulty is avoided,
and if Examples ought to Inftrud, they will be better and more fruit-
fully difpenfed than now they are.
In the three firft Queftions hath been Treated of the Stocks orE-
ftates of the Clergy, the j\th now remains, wherein follows the Treat-
ing of the Fruits, or Rents, or Incomes thereof. The Holy Fathers
who have Written before the Divifion of the Eftates into four Parts,
have all faid Unanimoufly that the EUates of the Clergy-men are the
Poors,
iyFrd Paolo Sdrpi. ^ 79
Poors, and that the Ecclefiaftical Minifter hath no other Power over
them, but to Govern them, and to difpenfe them according to the ne-
ceffities of the Poor, declaring thofe Miqifters to be not only Thieves,
but alio Sacrilegious, who made any other ufe of them belides their la-
ftitmion.
All Clergy-men did not Manage the Eftates, though indeed all were
difpenfedby them, as likewife thelivelyhood was Adminiftred toWid-
dows, to the Poor, and to other Mifcrable Perlbns, but according to
the Example of the Inftitution of the Holy Apoftles, only the Deacous,
Sub-Deacous, and other were appointed thereunto, and gave
an Account to the BiJljop, and in fome places to the Presbj/ter or Priesf.
The Divifion being made, and the Benefices Inftituted 5 although it
would feem that the Bilhop, the Prielb, and the other Clergy-men
might do what they would, with the Beneficial Incomes, as with their
own, yet the Writers fpcakinthis manner, faying, that a Clergy-man
cannot make ule of the Incomes of a Benefice, but as far as his Mode-
rate need requires, and the overplus he is obliged to ipend in Pious ules,
and with much Heafon, becaufe the Divifion alters not the Subftance of
the thing,- and an Eftate if it comes to be Divided, both parts remain
under tbe fame Obligation. Amongft others who write after the Di-
viding 5 St.Gregorji, who was a little above ico years after, and St.
Bernard, who was almoft I cco years after, exclaim moft heavily againfl:
thofe who fpend the Incomes of Benefices in ill ufes, as againft Perfons
Ufurping the Common Stock , and Murtherers of the Poor which
ought to be Maintained by them.
Thus all the Debtors Wrote, until the year 1250, when they began
to handle things more Subtilly, and holding it for Conffant, asfjxaken
by all the Antients, that it was a fin to mifpend that which exceeds the
Moderate neceflity of the Clergy-man, 'twas enquired into, that if Be-
neficed men not fpending of that in due ufes, which exceeds above their
need, whether they only fin as a man fins who mif-fpends hisown, or
whether alfobefidcsthe fin they be Obliged unto Reftitution, as ill Con-
fiimers of other mens Goods.
If they be Patrons of the Fruits of the Benefices, or as the Laws fay,
TJfiifruSuaries, although they fin by ill Adminiftration, yet they do In-
juftice to no man, neither are they bound to make any one amends,
becaufe they have not in Government anything of another mans, but
their own : But if they are Difpenfators with Power only to receive
their own needs^ which the Law calls Ufuaries, when they Difpence
not uprightly, they remain under an Obligation of reftoring or making
good as much more as they have Confumed, much more thofe who
receive from them by Contraft gratis^ that is, thofe to whom they
give or leave by Teftament, are Obliged to reftore it, as having recei-
ved it from one who was not the Matter of it.
Confcience obliged me to fet this Doubt on foot, which having been
handled or treated on thefe 350 years, remains (till in Controverfie
with equal number of Authorities on each fide, and at laft with fe-
vere Oppofitions and Apologies, 'twas in Controverfie between Martin
Navarr a Canoniji, and a Cafuiitof great efleem, and one named
miento : Navarr holding that the Clergy-men are not Patrons, but
Difpenfators, fo that they not only Commit fin, but are Obliged unto
Reftitution. Cardinal Gaetan was of a middle Opinion, that it was a
different thing between fpeaking of Bifhops and Rich Abbots, and thole
Vfho
8o
Of Beneficiary Matters
who had only what was decent, or a little more, and that thefe having
N. 2 40. no more than their own Qiare, are Mafters of it.
But the Richeft have alfo amongft their Incomes, the part or (hare of
the Church and of the Poor, and therefore are Obliged to give Almes,
and to do other Pious works for Righteoufnefs-fake, that is, with Gb-
ligation of Reftitution, both to them, and to him that Receives from
them, defcending tothis Particular alfo, that thofeare Obliged to Re-
jiitHtion who receive from the Pope^ Ecclejtatfical Estates^ for the En-
riching. Exalting, or for the Ennobling therhfelves, every Donation of
ChurchGoods, which is not grounded upon Piety, or uponNeceffitybe-
ing a Diffipation and an Ufurpation.
I believe that without a Subtil Dilatation, all the Doubts Occur-
rent in this Matter may be Refolved, and firft, to fpeak Separately of
thofe Incomes, which by Teftaments, or other Original Inftitutions are
Dedicated and Ordained to fome Pious work, to which I believe them
lb Obliged, that to appropriate them to onesfclt^ or to other World-
ly ules, may be called freely Ufurpation of that which is another mans,
241. and if any of the Beneficed Clergy-men forbears to Execute the Infti-
tutions which he hath in Charge, applying thole Incomes to himlelf
or to others, I do not believe he can under pretence of any Excule or
B)i// whatever, Excufe himfelf from being in an equal Degree with eve-
ry Executor of a Will, whofhould apply to himlelf that, which is left
by the Teftator, unto another, and I make account that every man who
will not deceive himlelf^ will hold this for a Conftant truth.
On the other fide Duty requires, that he who is ferved, fhould pay
the work-man his Reward, who may do with it what he pleafcth, nei-
ther can it be Doubted but the Singing man^ the Organiji, and others
which ferve in the Church, are Malters of the Reward which they have
therefore. It is not Inconvenient to fay, that the Priefts likewile, and
other Clergy-men ought to have their Reward for the Services which
they afford to the Church, of which Reward they are Mafters, and
when a Benefice is Inftituted with a particular Obligation to lerve the
2^2 Church in a determinate thing, as are many Canonjhips^ ManJIonaries,
Theologal Prebendaries, and fuch Other Benefices, it is not Inconvenient to
lay, that it is a Reward of that Work.
Benefices are of liich Antiquity, that the Memory of their Infiitutioft
is lost, and therefore 'tis not known, whether they had any Obligati-
on, or no , But a Confcientious man will be well Certified, when he
lhall Confider the quantity of the Incomes, and the Service which he
lends or yields to the Church, becaufeif thefe two were weighed in the
Scale, he may believe that the Benefice is his Sallary, but if the Incomes
exceed it by much, he can never fain himfelf to be Simple, who believes
that fo many Incomes were left him to do what he will with, and fhould
not know it to be necefiary, that the Inftitution fhould bear with it
fome Obligation, it being not likely that fb much fhould be Affigned
for him only.
The Controverfie amongft the Dodors which is difficult difputing
in General, is moft eafie and without difficulty pradized in particulate
243, and the Confcience of him who hath not Choaked it through his own
Malice, refblves eafily all Difficulties inwardly upon the ParticulatjWhich
God hath not left unto anyone in uncertainty, who is willing to walk
according to his Commandments.
As
by Fra Paolo Sarpi. 8i
As to the New Acqnifitions^ every prudent Perfbn would have
thought that they were at an end, or at leaft that they could acquire or
Purchafe but flowl)^
There are now no more Perfons who bear a Devotion towards the
Clergy-men^ Monks^ and Militia.'-) "Che Mendicants who heretofore had
the Power of Purchaling, cannot hope to put it in Execution, whereas
they have not been able to do it hitherto, and where they have Pur-
chafed or Gained, if therewith they have not loft the Devotion, they
may yet hope for fome Augmentation, but very flight .• Thole others
who have caufed themlelves to be excluded from the Priviledge, which
the CounceloC Trent hath granted to all of Purchaling, as the. Capncinsj
who preferve the good Opinion by Fvealbn of their Poverty, whereas
immediately that they Ihould change their Inftitution in the leaft part, jq 24.4.,
they could not Purchafe Eftates, and would lole their Alms. It leems
therefore that no way is left to go any further. He that would Infti-
tute an Order with Power of Purchaling, would have no Credit 5
He that would do it with meer Begging cannot hope to purchafc there-
by, nor to have Credit if he fhould change it. But notwithftanding
all this, there hath not wanted Proper wayes and Singular in our Age,
and nothing Inferior to all the forrrier, and that hath been the Inllltu- in^^yution of
Hon of the JefiitS) which profeffing a Mixture of Poverty and of A-
bundance, with Poverty it gains Credit and Devotion, and hatfr the
other hand Capable of Pofleffing, which receives that which the Com-
pany gains. They have Inftituted Profejfing Honjes, with Prohibition Profeffing
' of being able to Poflefs Eftates, but the Col/edges with Power of Pur- Houfes.
chafing, and Pofleffing 5 they fay, and that truly, thatno (IngleGovem-^^^^^^^^^'
ment in the World is perfeld, but that a Mixture is ttfepd to every thing 5
That the Condition of Evangelical Poverty taken up by the Mendi- 24='
cants., hath this Defeft, that it cannot Govern it lelf therewith, but the Evangeifc'al
foregoers, whole Number cannot be great, but they in the Colledges
receive and Inftruft Youth, and render them apt and fit after the gain-
ing of Virtues, to live in the Evangelical Poverty, wherefore Pover-
ty is indeed the Scope and their Eflential end, but Accidentally they re-
ceive Pofleffions.
Befides all this, tis better to ground ones Credulity upon that which
is effeftually feen, than upon that which is Preached in Word, they
Write unto this prefent time to have one and twenty Profejjing HouJeSj '
and 2(^:^ Col/edges, by the Proportion of which numbers, everyone
may Conclude that which is Eflential, and that which is Accidental to
them ; Certain it is, that the Purchales made by them are exceeding
great, and that they Proceed ftill towards Augmentation.
Even as all the Temporals which the Church Poflefleth, comes from the
Almes and Oblations of the Faithful, even fo likewile the Building of
the Antient Sanftuary in the OldTeftament, was made by Almes and ^46.
Oblations, then when the People had Offered as much as fuffized, yet
the Oblations were Continued 5 The Over-feers of the Fabric^ had
recourfe unto Mofes, laying, the People carryes too much for the Work^
■which the Lord hath Commanded, and Mofis lent forth a Proclamation,
that no man ffiould make any more Offering to the Sanftuary, becaufe
there had been Offered enough, and to fpare.
Tis feen that God was not willing to have Superfluity in his Temple,
and if in the Old Teftament which was Worldly, he would not have all
for his Minifters, muchlefs will he have it in the New: Where are thefo
Pur-
82 Of Beneficiary Matters'
Purchafings to end ? When it is to be (aid amongft us, the People hath |
Offered more of it than Suffizeth. When that the Minifters of the ^
Tythes, Temple were the part of the People, they received the Tcf/ths^ i,
and'twas not Lawful to exceed them 3 now that they are not the looth^
they have perhaps above a quarter.
'Tis not Convenient, that the encreafe of Ecclefiaftical Eftates fhould ^ '! [
N. 247. be infinite, and that all the World fhould be reduced to be Tenants 5
Humane Laws amongft Chriftians have not limited the quantity of E-
ilates that any one Poffeffeth, for he that Purchafeth to day, alienates
to morrow : A Perpetual Condition of Perfons is very fingular, which
may alwayes Purchafe, and never Alienate. In the Old 1 eftament the
Tythes were given to the Levites^ becaufe they were Gods h!heritaf7ce^
and therefore they were Forbidden to have any other fhare, a thing
which pertains to thofe who are willing to make ufe of their Priviled-
ges, taking all to themfelves, and not only that which behooves their
own Profit.
It hath been abundantly fpoken of^ how the Ecclefiaftical Eftates
have been gained, to whom the Care of them hath been Committed,
and how Dilpenfed. f |
Nothing hath been fpoken of that which was done, when at the Death
of the Beneficyary they found fome of the Fruits not yet difpofed o^ i
whether he difpofed of them by Will, or whether from the Inteftate-
man they pafled unto other Perfons.
Whilft the Eftateof each Church was in Common, and Governed by
conto. one Earl only,' tis a certain thing, that fb much as was found in a Mini-
24^* fters hand was Ificorporated mth the Whole^ and Governed in the fame
manner by the Succeffor, But Benefices being erefted, there were alfo
Canons therewith made, that whatever part was found in the hand of
the Beneficyary at his Death, fhould be the Churches, and by the
Church if it were Collegiate and had a Common Table, was under-
ftood the Colledge thereof 5 But if the Beneficyary was without Col- <
league, by the Name of Church, was underftood the Succeflbr, who '
was to Adminifter that Remainder or Refidue, after the fame manner ^
as the Deceafed Predeceffor was Obliged unto, fb 'twas wont to be
done until the year 1300. But becaufe the Beneficed Clergy-men had '
oftentimes other Goods of their own Patrimony, or elfe gain'd by his
own Art and Induftry, 'twas therewith faid, that of thefe he was the
Abfolute Mafter, and might leave them by Will to whom he pleafed ^ '
but of the Incomes of the Benefice he might not Difpofe, by reafon of
Death. From whence it fbllow'd, that Clergy-men Pofieflbrs o^ fmall
Benefices, not exceeding the expences, made a Will of all they had,and
249. if by fparing they had Advanced any thing to the Benefice, they re-
puted it gain'd by Induftry, and Difpofed of it in the fame manner,
which hath brought in a Cuftom in many Chriftian Kingdoms, that men
of Inferior Benefices may make their Will, likewife of the Incomes of
their Benefices, and not making a Will, the Heirs of the Inteftate Sue-
ceed, as alfo in the Patrimonials. But that which was left by the Bi-
Jtjops, remained to the Church according toxhtkxmQmCanons.
After this, theBifhops alfo through Cuftom in many Chriftian King-
doms acquired the Power of making Wills, even of the Ecclefiaftical
Fruits, lo that about the year 13CXD, in divers Countries there were
three Different Cuftoms fbund 5 i. One where no Clergy-man might
Difpofe of the Incomes of Benefices advanced them, 2^, The other
where
^ Fra Paolo Sarpi.
§3
where the Incomes were upon the fame Account, as things Patrimoni-
al and their own, 5^, the third where Inferior Clergy-men bequeathed
or difpoled, but what was left by the Bifhops went to the Church. N.250i
In the times after 1300, when the Popes of Rok/c had more need of
Money than ordinary, they fent their Minifters into the Kingdoms
where the Churches were wont to Inherit the Deceafed Beneficed mans
Eftate, who before the Succefilbr was Chofon, applyed all to the Popes
chamber^ which thing Succeeded eafily, becaufc the Benefice becoming
Vacant, there was none would Contradift it for his own Intereft, and
the Succeflbr being Created he acquiefced in a thing done without any
more ado. They began to fend fuch Minifters into all places where
they could, and to lay claim to that which was left by the Deceafed,by Booty or
the Name of Booty or Spoyles, and the Popes Officers font for them, 5poyies.
were call'd Colledors. The Popes took thefe Spoyles where they could Coikftors.
in this manner, filently without any Order or Law therein which might
grant the fame, but alwayes with fome Murmuring, as well by the Heirs
of the Deceafod Priefts, as alfo by other Perfons, through the fovere ^5^*
Extorfions which the Colleftors and the Sub-Colleftors made, who
brought into the Account of Spoyles or Booty, the very Ornaments of
the Qiurches, and gave alfo much Moleftation to Heirs upon Goods
gain d by Induftry, or received from the Patrimony, endeavouring to
make them appear to be taken out of the Bemfioes^ and doubtful of
what quality they were, giving Sentence that they belong d to the
Chamber, vexing and tiring thofe who Oppofed them, withExcommu-
tiications and Cenfores.
In France the ufe or cuftom had Introduced that the Spoyles of Bi-
Jhops and -Abbeys ftiouldbe applyed to the Pope. And in the year 1385,
Charles the 6th Prohibited it. Ordaining that Heirs Ihould have the Sue-
ceffion as well in them, as in Patrimonial Goods, In many Countries
the Cuftom being Introduced, is Continued unto this Age, when by
the Extorfion of the Colleftors, the Complaints of many encreafcd fo
much, that fome had the boldnefo to Opppfo it openly, and to deny
that the Spoyles of the Deceafod Clergy-men belonged to the Popes
Chambeti Wherefore in the year 15 41, P^///the3<?/was the firft who
made-'a Bull upon this matter, where 'tis Related that fome Curious 252;
Perfons to Ufurp to themfelves the Rights of the Apbftolick Chamber,
and to Defraud it, did call in queftion, whether the Eftate^ of Prelates, .
and of other Ecclefiaftical Perfons called Spoyles belonged to the Cham-
ber, there being no Apoftolical Conftitution which Appropriates it,
though indeed by the fending Colleftors into divers places, it appears
clearly to have been the mind of the Apoftolick See^ to reforve them and
apply or appropriate them to the Chamber, wherefore he Declares,
Ordains, and Conftitutes, that to the Pontifical Chamber fhall belong
the Spoyles of all the Clergy-men Deceafod in whatfoever Kingdoms
and Dominions, as well on this fide, as beyond the Alpes^ fo likewifo
on this fide, as well as beyond the Seas, although Colleftors have never
been appointed in them.
So that the over-Diligent being willing to free fome few Provinces
from this Grievance or Burthen, have been Caufethey have been Impo-
fed all the World over : But yet it is not come to Execution, except in 253.
the ufual places, but it hath thus happen'd in all things, as the World
makes of Novelties, left off for fometime without Execution, and af-
terwards with a good Opportunity, as if they had been Executed in
L
due
84 of Beneficiary Matters
due time, and by the MaHce of fome brought out of life, by Cenfures
and other Violences they are put in Execution.
The iypoyles unto the year 1560, Comprehended nothing but that
which was found at the Clergy-mans Death, proceeding from Ecclefiafti-
cal Incomes. •
In the year above{aidP/«f madeaJB«Z^5 that under the Name
of Spoj/les^ which throughout the World, in all Dominions on this fide
and beyond the and the Seas, belong to the Chafftber^ is to beun-
derftood alio, all that which the Clerk (hall gain by. Unlawful Mer-
chandize, and otherwife Contrary to the Canons^ a thing which Com-
prehends Sufficiently, becaufe Unlawful Merchandize they call where
the thing fuch as it is bought, fb it is fold. And then by the Canons
N. 254, the Clergy-men are forbidden many kinds of Games in ufe, and many
Services, by which wayes there is gotten fiifficiently, fo that hereby
was return'd a great gain to the Chamber, and 'twould be a great In-
come, if the Bulls could be Executed throughout half Italy^ where
they are not yet in Execution, and in France, and in Germany, and in
other Kingdoms which have not yet received them , like as in the
Kingdoms of they make not Spoylesof all the Clergy-men, but
of the Bifhops only, by the Laws of Carolus quintus, and of Philip
the nd.
. The Canonilis Defend the Right of the 5'/?<y/cx with this Foundation,
that the Pope is Patron or Majier of all Ecclejialiical Incomes, and thofe
wholpeak the moft Modeftly, fay, Adminiftrator, by which Doftrine
there is alio Introduced into that if any one hafo unduly Ufurped
to himfelf any Benefice, or otherwife (hall have Robb'd the Church, if
he agree with the Apoftoliek Chamber, to give a (hare of it thereto,he
255. may hold the Remainder with a good Conference, and the Agreement
being made and paid as much as was limited, let every one fay, he is
Abfolved of the reft, and may hold it Lawfully as his own, becaufe
the Pope is as hath been faid,either Mafter or Adminiftrator General 5 and
this they call Compounding with the Apo!iolick^ Chamber, which comes
to be very largely Extended, fb that thofe who in Confeience know, or
at leaftwife doubt of having fbmething not theif own, and there is no
— that cither it is not known whom to Reftore it, Compear
tionis made.
FINIS.
Englands Defence.
A rTreatife concerning INVASION:
O R,
A brief Difcourfeof what Orders were beft for
repulfing oiForeign Forces^ if at any time they
fhould invade us by Sea in IQnt^ or elfewhere.
Exhibited in writing to the Right Honourable
Robert I>udleyEav\ of Lekefter^ a little be-
fore the Spanifh Imajionyin the Year 1588.
ByT HOMAs Diggs E(q; Mufter-Maftcr General of all
her Majefty's Forces in the Low-Countries,
To which is now added^
An Account of fuch Stores of War, and other
Materials as are requifite for the Defence of a
Fort, a Train of Artillery, and for a Magazine
belonging to a Field Army.
And alfo a Lift of the Ships of War, and the Charge of them,'
and the Land-Forces defigned by the Parliament againft France,
j(nno 1678.
Alfo a Lift of the prefent Governors of the Garifons of England;
and of all the Lord Lieutenants, and High Sheriffs of all thofe
Counties adjacent to the Coafts.
Laftly, The Wages of Officers and Seamen ferving in his Maje^
fty's Fleet at Sea per Month. ■ '
*
Colleifted by Thomas Adamson, Mafter-Gunner of his
Majefty's Train of Artillery, Jnno 1673.
And now thought fit to be publifhed for the ufe of the Proteftant
Subjects of his Majefty's Kingdoms and Plantations.
LOND 02^, Printed for K Haley, in the Year 168oj
•j<^fb'j010whiK> ^ '-'"r!.;:
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7^4
Tdthe reader;
THat the Sire?fgth and Glory of France is now far more ^eat
and apparent than was that <?/Spain in 1588,^ jb vifible a thing
to every intelligent and unbiajfed Englifti-man, (whofe Faith
and Reafon is not impofed upon by Intereji^ FaUion^Rrejudice^
Humour, or d Spirit of Contradi&ion) that to ufe more wot'ds
to prove it, than only to fay it is fo, would be impertinent-^ and
therefore certainly I jljall not need to nrge any. Arguments to convince my Country-
men, that that thing which hath bin may he again..
There was once a Spanifti Invafion, (which AHion from its Juccefs I confef
was I aught at then by the whole World) and there may be a French one, (though
I do not pretend to prophejy) and how that may jkcceed is probably guejfed at 3
in regard they are a. great deal neayer us, have Caliee and Dunkirk, two confide-
Table Places (once in our hands) in their Poffejfion 5, have Ships and Men enough,
run not that hazard of the Seas as the Spaniards did, are a warlike well-experienc'd
and difciplind People, and at this jun&ure have nothing to do, being at Peace upon
pleafure with all Europe, Jb that if they Jlmdd makg any attempt upon us,they may
reafon ably have better JiicceJ? now than the Spaniards had then; And be(ides,they
have a difcontented Party here of Pafdts (upon the, account-of this horrid and
unhappy Plot) that will undoubtedly . jpin with them : And we all know that the
Popijf} Gentlemen of this Nation, have bin trained up, and many of them Offcers
of the French Army, which may much facilitate the Con/jueJi, as knowing all the
Country. And as for their taking occajion to quarrel with us, we need not think
they will want one, confdering how they have dealt with their Neighbours in Flan-
ders, Holland, and the Duke of Lorrain , as alfo their impudence fome Tears
(ince, in printing their Pretentions to the Crown ^of England, and their great
"Preparations now in raifing of Men, buying of Corn, hiring of Vejfels to bring
them doWn to our Neighbouring Coajis, cannot certainly but be an Argument of
fome ill Deffgn they have on Foot, and whether it be againji us or Holland is all.
one, for tke lofs of one k the ruin of both, and the wme Trotejiaht Interefi all
wcrl^nrope. ■ '• \ ' '
Now by kl thai hath bin faid, we may expe& f/te'French, but I hope no true-
hearted Englifli-man fears them at all, ffor for^wirn'^d foreatm'd ) 5 yet if the
Governor of any place Jljould be Juch a Traitor to hiS Cotifitry, as to let the Ene-
my land or enter by conjeirt, (for indeed French Piftols are very'powerful) ihe
Inhabitants and Souldiers may Jufify the killing of him, and defend themfeives)
Which Portion I hope neither Divine nor Lawyer will deny, feeing the end of Go--
vernmtnt^fs to pejerve'the People, (Salus Populi fiir .
prema Lex) W ufm an hvafm. People my fiAh'- tl'yf.
trith rifeand defend themfehes, for every. Man's Houje IftchVmkme,n 100. if
h tisCaJlle, ai,dbi,him{hisPatr»,myi^if'^^
Manrefuje, the Jujtices and hhenffs, ex Officio, may 69. b. in jine. uinderfen ^ pare
compel him, without any fbecial CpmmiJJion or other f
A t ! t T J !• A -I I Jufticc of Pcace, Uale
Warrant : And tho the Invader be in Amity wifh us, he pkas of the Cr. fag. 14, i^.
is 'vet tbe.repelled aiS~an Enem^.as~is affirmed by StatuteLavyjfeei^^f.j.e^^.u.
^ TT1 J J.L' ■ "Tt H.y-cap.i. U.J, cap.i8,8ic.
Stamford, Coke, Hales, and other eminent Lawyers. Recordi 14 3<>ha„L Reg^.
So that certainly the Inhabitants of thoje Places that are 26 Rdw- 3 See the cafe of the
neareji the Sea, having fo much Reafon and Law oh
their fide, fall not need to have any exhortation to takg care of their own, but that
A 2 their
to the READER.
their Prudence and Courage^ both to defend their King^ Themfel'ves^ and Coun-
try^ will enj^irit the reft of the Nation to ajftsi and die with them in the oppofng
a Foreign Enemy j dijarming all Papifts at home^ and Jecuring his fJElajeUy s
Fleet in Harbour, and not to run away Chatam i/; i66y) to the ruin of
their Country, and their own jl^ame and deJiruClion.
And now for my part, my only defign in fublijhing thk^ is to Jecure the Qo'
vernment ejiablifi d by Law, and not to flir up Rebellioft, it being only calculated
for the higheji and moji urgent Necejjity the People can ever be drove to, which is
an Iiivafion , neither do I believe that any Perfon will cenfure the Contents of
thefe Sheets, except fome Sycophant Terfons, who by their impertinent Difcourje
teach Paffive Obedience, and publicklj affirm, that abfolute Monarchy is jure
Divino, and that there is no fuch thing as Property and Liberty, but all is at
the Will of the 'Prince : Nay, tho an Enemy Jljould invade us, yet we muji not
defend our (elves without fecial Order. But juch Do&rine as this will not pre-
ferve us : It is not crying, when we are fallen into the Ditch, Lord help us, but
we muJi ufe the ntmojl of our endeavours to get out thereof, God now working by
Means, not by Miracles , and fuch kind of defigning .(as well as jilly) R^cals
as thefe, being influenced by the JeJuits and Popifl) Clergie, are as great Traitors
to their Prince, as to their Country, and will endeavour to help forward a French
Conqueft, and introduce Popery here, which the whole Nation is bound to oppofe :
But it is hoped, one time or other, a Law will be made to hinder fuch deferu&ive
Principles here (as it is in Holland) upon pain of being feverely punifejed: For as he
is certainty a great Rogue that would endeavour in the leafi to take away any part
of the Kings jufi Prerogative j fo he is in the fame quality, who would in the leaf
give away and betray the Property and Liberty of the SubjeH.
'But thanks be to God we live under a mofi gracious and good Prince (for
the prefervation of whofe Life we ought confeantly to pray) who hath by his
Promifes, Proclamations, and his late mofi approved choice of fome Members of
his Brivy-Council, as a Committee for the further examination of the Blot, gi-
ven us Jujfcient and fatisfa&ory affuranee of his great care for the Proteftant
Religion and our prefervation. But notwithfeanding all, his Neighbour being
Great, Powerful, Ambitious, and Defegning, may alfo be Falfe, and of a fed-
den pour thofe Forces upon us, that will otherwife pull him out of his own Throne
if he hath no employment for them 5 and therefore this Treatife is only given you
as a T(emedy or ^Medicament towards half your Cure 5 and that if his ^a-
jelly s Life feould be taken away by any violent means, (which God of Heaven
forbidj and an Enemy fljould take that opportunity of our Sadnefe and Divifeons
to invade us, you kpow how to receive them both by Land and Sea, and what Ma-
terials are ufeful towards either offending our Enemy, or defending our Selves.
But that which will be mofi necejfary of all, is a Union of Hearts and Alfe^ti-
ons, which that God would mak^ upon fetch an occafion more efiecially, is no doubt
the hearty and confiant Prayers of thofe who have often fought (and will fiill to
the Ufe drop of their Blood) for their King and Country.
A
(' >
A
Treatife concerning INVASION:
O R,
hrkf Difcourfe what Orders were heU for re^ljin^ of Foreign Forces^
if at any time they Jhould invade us hy Sea, in Kent or elfewhere, Hx-
hihitedin Writing to the ^Hjght Honourable Robert Dudley, Earl of
Leicefter, a little before the Si^^niih Invafion in 88, ^ Thomas
Diggs Efq; MuUer-MaUer general of all her MajeHy's Forces in the
Low Countries.
THe accuftomed Order hath bin by Firing of Beacons to put
the Shire in Arms, and prelently all Forces to repair to the
Landing-place,there without delay to give them Battel. But
becaufe there are other Opinions, I think it firft conveni-
ent to let down the Realbns of each Opinion, and then a
Reiblution what I find beft. Such as maintain this old
accuftomed Order, alleage, befides the good luccels that many times it hath
taken 5 that in Reafon alio it is beft dealing with the Enemy at Landing be-
fore he hath firm footing, and before he (hall have leafure to range his Men
in due Order or Battel, and before he ftiall be able to Land his Ordnance,
Horfe, and Carriages, and that a very few Men thus in time (hall be able
to give greater annoyance, and do greater Service upon the Enemy, than
ten times fo many when the Enemy is Landed, and letled in ftrength of Or-
der, with all his Horfe, Ordnance, and Carriages. They alio add thefe
Realbns enliiing for confirmation of their cuftom.
The f^afons,
Firft, The fury of the Country upon the firft firing of the Beacons is
great, every Man, pro Aris d" Focis, violently running down to the Sea-
nde to r^el the difordered Enemy at the firft confuted landing 5 which fury
if we luffer to grow cold, we lhall not fo eafily enflame again.
Secondly, Every Man knoweth how great advantage they have, that have
firm footing on Land, to encounter an Enemy that muft land out of Boats,
in a confuted ftraglingmanner,and therefore more willingly and Ipeedily will
go to enjoy the Benefit of this Advantage 5 whereas if you fulFcr the Enemy
to land, and put himfelf into Military Order, he becometh more terrible
unto us.
Alfo, while the Enemy is landing, if he find any Difficulty or Danger,
being in Boats, they are ready to retire to their Ships again, but if th^ be
once landed, with their Artillery, Horfe, Carriages, &c. it is not pouible
for them to retire to their Ships again, without extreme danger of their
Lives upon the Retreat, and the dilhonourable Lois of all their Munition,
and therefore Ncceflity enforcing them to fight, and all hope of Efeape by
B flight,
■ (. i >
flight being taken away from them, they become ten times more dangerous
Enemies to deal withaT than belbre^
Further, there is in this Realm ( as in all States divided in Religion ) no
fmall Numbers of Traiterous Minds, who having time to confer, and feeing
an Enemy of Force already Janded, may and will then difcover their Malice^
which ofi $. fiiidde^thie^ tior cannot. i : sj'[ •
Another O^nion.
Some qthersM cf<rM^.tp)tl^.-^a5ride to^be ^ barba-,
r6us CuR^, - void of OrdW an^- ^qjrWv^,fe?phn^ ,wry ,our
0ves, Tiot hhftful 'io hhrMefpv ~ but^^th^ a ^eanskddofe aj| ^^d. there-
'bjf i^fpi^al'Coihl^artfeeht tb theSea-hde
bereftraiied^ \an3ldhe Eneffl^.fijfletfedaio^lihd quietly y and in the'tntetfri time
to* (djwe andj.qaw ^Nii^ay, Foragt^ Carriage,:.^; and
certain Places orAtembly appointed a good diftance off't&lS^, from
whence they may march in Warlike Order, and fb by driving and carrying
away all Viduals, and fortifying of all Strcightsand Paffages, to weary the
Enemy with Time. And thefe be the Reafbils for maintenance of this ;fccond
Opinkm. - . yr.
' 7he 7{eetfons of the fecond Opinion.
Firft, Itis faid, the invading Enemy bringetha feleft Company of difci-
plin'd and well trained Souldiers, whom we feek to encounter with a con-
fufcd Multitude of Men untrained, in which Match there is no.Comparifbn,
but Lofs certain. .
Again, it is faid. An Enemy of Forcq meaning to land, will do it in de-
fpite of us, and then the Country offering to repell him, and finding them-
felves not able, grow much more fearful, than if quietly without refiftance
we had fuffered the Enemy to land.
Again, while we fuffer the Enemy to land, we may drive away all Cattel
and Provifion further into the Country, and then maintain Streights and
Paffages, well fenced and fortified, fb as the Enemy fhall be fbrced to ap-
proach us upon our own Strengths and Fortifications, to his great Peril and
Danger.
Again they fay. If in this manner we keep Vidhials from them by Land,
and her Majefty's Navy alfb in the mean time keeping the Seas, the Enemy
for want of Viftuals only (hall be forced to retire, and glad to withdraw
himielf
Further, it is alledged, how doubtful a thing Battel is, and how dange-
rous feir a King to commit his Crown upon it, and therefore that tempori-
zing Courfe extolled.
Thefe I think be the Reafons mofl: effedual to ii^ugn the fpeedy Repair
to the Sea-fide, and to maintain the Opinion of fufiering the Enemy to land
. quietly, and by driving and carrying away Viftuals and Forage, and forti-
fying of Streights and Pafles, by Time and Famine to. weary the Enemy.
I i
But having attentively weighed the Realbns on both fides, and by ex-
perknce of former Invafions, examining the Succefs and Sequel of the like
Attempts, as I am fer from allowing of any confofed diforderly running to
the
, C.5 ) , ,
the Sea-fide, to encounter a feleft, trained, well difciplined Enemy invading:
fb am I alfo utterly againft that (econd Opinion, vi%. to (ufFer the Enemy
quietly to land all his Forces, Munition, <^\ 'riot doubting but a mean
^urfe, far more ferviceable than either of them'both, may be taken, where-
by the Benefit of that old CuftcMn may be embraced, and the Dilbrders of
the otl^r well noted may be reformed, and no Advantage to annoy the inva-
ding Enemy omitted 3 as by thefe Reafons enfuing better may be judged.
The (^afons.
Firft, I fiy, one of the chiefeft Forces of this fiimous Ifland of England^
confifteth in this. That it is fortified naturally with fuch a Trench or Ditch,
-as the Sea is, whereby it is not fo fubjeft to Irivafion, as other Countries
.lying on the Main: Which Angular Benefit, and peculiar Advantage of this
our Country is utterly loft, if we fiiflfer the Enemy quietly to land all his
'^otces, MjmitioH, &c. and to take firm footing quietly on the Main.
AgaiUj Whereas this noble Ifland hath fuch a Number of Mariners, and
good Shippings, both of her Majefty s Royal Navy^ and alfo of Merchants,
as may hope vvith good Succeftto encounter on Sea the Force of any Foreign \
Enemy, we lofe a great part of this our chief Strength, if relying on this
fecond Opinion, we ftiould fiiffer the Enemy quietly to land, and then tern-
porize afterwards.
Again,' There is no Man of any mean experience, but knoweth with what
danger Men land out of Boats, if there be but any mean Force before Land-
ing to tefift them 3 for if therewhile any Storm arifo, the S^ aldlie fightetK
for us, arid with any finall Refiftance on Land, will drown great Number's
of our invading Enemies.
Alfo aiiy fmall Trench on Land (hall lodge Shot in fafety, to f^l as many
• of our Enemies, as in Boats fhall oflferto land, before they can approach the
Shore. ' :
Alfo iri landing, before they can have time to put themfolves in Order,
what an Execution may a far left Number of Bills, or Swords, and Targets,
do on them, before they fhall have time to unite their Forces,
Again, After the Remnant (hall land, if they be not all drowned, flain, or •
repelled in or before their Landing, how eafy a matter fhall it be for a few
l-anceS, joined with the Weapons aforefaid, to put fuch a confufed, difperfed,
fcattered. Sea-beaten Company to the Sword, before they fhall ever be able
to advance Standard, or put themfelves in Order of Battel.
Befides all this, if her Majefty's Forces by Sea fhould not in time be afTem*-
bled of fuch Strength, as to be able before landing to give them Battel 5 yet
any mean Force aflailing their Ships, while their Men are in landing, can-
not but greatly annoy them, if not utterly defeat them. .
Alfo in moft places, except the Enemy bring his Tide juftly with him, he
cannot land, and then if part land, and any mean refiftance made, to give
Impediment to the reft, till the Tide pafs, their.divided Forces may more ea-
lily be defeated. , »
Again, It is no finall time that is requifite fo land an Army, with Hbrfo,
Carriages, Ordnance, Munition, and V^als, without which an Invader
fhall never be able to prevail 3 and then if any mean refiftarxre be made at
the landing, it much prolongeth the fame time 3 fo as any Storm happening,
the Winds, Tides, Shelves, Rocks, Bars, and Seas fight for us, wholly.in
our favour, and to the ruin our Enemy, And therefore I uttefly difallow
that?'
^ 4)
that Opinion to give the Enemy leave quietly to land, and then by device
to temporize afterward.
Further, If fuch a Refolution by the Prince and State be taken, that
the invading Enemy (houldbe (uffered to land quietly, to (poil and burn at
their pleafiire, and the inward Forces of the Country not permitted, even at
their firft landing, to come to their relcue, it would caufe no doubt all the
Inhabitants of the Coaft to abandon their Towns, and leave the Frontiers
naked and defolate, which the wife Kings and grave Counfellors of this
Land have ever fought to make populous, by granting many Privileges and
Immunities to allure Inhabitants on the Frontiers.
But touching driving or carrying away of Viduals, and leaving the Coun-
try wafte, and thereby to famifti our landed Enemy, it is a thing more eafily
wiftied than performed. I confefi, in Ireland, where moft of their Subftance
confifteth of Kine, it is eafily done 5 but in this rich and weclthy Country of
England, it is not polTible but that the Enemy, if he be once landed with all
his Forces, (hall find Houfes full of Provifion, and Barns full of all kind of
Forage and Corn all the Country over, unlels our Prince fhould command
all to be wafted with Fire ^ which Precedent we fee feldom or never pu^ in
ure, neither in thefelate Wars of 'France and Flanders, nor in any fojtmer
Invafions that we read of 5 for it would make the Prince odious, and aliS
nate extremely the Subjefts Minds, and therefore not to be ufed but upon
great extremities, when all other Means fail.
And here in above all other Countries, it may worft be done 5
for our Towns are poor, weak, unprovided, and unfortified, the <i)ountry
full of Habitation, populous, rich, and abundant of all Commodities. In
the Lew-Countries, by reafon of the great ftore of their ftrong well-fortified
Towns, they might much more eafily drive and carry to their Cities at hand
all Viffual and Forage, &c. And yet when the laft great Armies of the States
and Don Jo^ were in the Field, notwithftanding all the Boors and Country- '
People were fled and retired to the next walled Towns, and had knowledg
long before of the approaching of the Armies, yet were they not able fo to
drive and carry away the Victuals and Forage, but that the Enemy found
Barns full in every place, in fuch fort as we never were forced at any time to
forage four Miles from our Camp; So difficult and impoftible a thing it is to
carry away Viffuals and Forage, or to leave the Enemy a wafte Country.
But if here in England we fhould drive or carry away our Viftuals or Forage
to the next walled Towns, the Enemy being quietly landed with his Mu-
nition, fhould have his chief defire, knowing not only how weak and un-
fortified our Towns are, but alfo how unprovided for all Neceflaries to
abide a Siege, if Fortification on fudden could be made. Wherefore I could
wilh all provident Means ufed to give the Enemy annoyance before and at
the Landing, and by no means to fuffer him to land quietly, or to truft to
that temporizing Courfe, which is rather to be praftifed when all other
Means fail, than to be relied upon at the beginning.
I grant it perillous for a Defendent Prince to hazard his Crown on a Battel,
and more clangerous for Men untrained to encounter expert difciplind
Souldiers, and moft perillous to us that have no ftrong Towns to make head,
if we lofe a Battel; Aad therefore it is no part of my meaning to wilh our
Prince to give any Invading Enemy Battel with all our Forces, how well
prepared and ordered foever we fhould be. But my meaning is, to have
fuch Provifion in every Shire, as we may be able readily on any fudden to
give the Enemy all annoiance poifrble, before and at the Landing, while
the inward Forces of our Country may the better affemble, and put them-
lelves in Military Order, to proceed after as Qiall be found moft convenient.
And therefore to avoid as well confuted Aflemblies of our own Forces, a^
alfo to be able, like Souldiers, orderly to annoy the Enemy, by all means at
the landing, and nevertheleft to relcrve all Advantages of temporizing af-
terward, if we Ihould not defeat or repell them at or before the landing,'
theft Notes enfuing I would with to be confidered.
ISlotes to be remembred in the Muliers and Ordering of Men hereafter.
Firft, That all bad Armor, Weapons, and Furniture, be defaced or taken
away, and ftich new provided as may be ftrviceable 5 and this to be better
executed, without favour, indifferently on all degrees. *
That better Confideration be had of ftlefting or enrolling of Souldiers,'
that only aftive and able Bodies be appointed for Weapon, the reft for Pio-
neers or Labourers 5 and that fuch Labourers be enjoined alfb to have irt
readinefs their Spade, Shovel, or Pickax with them, accordingly as at the
Mufters fhall be appointed. Theft well directed,fhall do fervice with the befl
in the Field. I would not have them denied, but rather allowed every Man
alfb his light Pike, or Black-Bill, to execute when Time fhall ftrve.
That good regard be had to maintain ftill full Numbers of armed Pikes,
for as we grow by Wealth more delicate, wefhalffek generally with
the Italian and French to leave that Weapon, and thereby greatly t^akeri
the Forces of our Land. j (.
That fbme Games be erefted in feveral places in.every Shire of England^
to allure Men to (hoot in Muskets, and to beftow their Bullets furely 5
for the ufiial manner of Training by wafting Powder is ridiculous, and no
Service in the World in it.
But efpecially that Provifion be made of->one kind Weapon arid Ser-
viture, that in all our former Mufters hath bin omitted, and in my Opinion
ought facially above all others to be provided in all Shites fronting bh the
Sea, where Invafiotr vnay be made, I mean the Argokteir. ' 'f J '
Theft Argoleteirs need no fuch chief Horfe, as theLanct, dr Man at Arms,
but every mean Gelding and ordinary Hackney Will'IfbtVer this purpoft,
whereby it fhall be more eafy to have in readinefs a tlioufand of theft 'Argo-
leteirsthan an hundred fufficicnt Lances, d And yet wnhld I have tttoft part
of their Horfts fuch, as were able for four or five Miles, when need fhall be,
to take up and carry a Foot-Shot or Mu^uetier behind him^andfb fcall they
be able for repelling fudden Invafions, to do firigular'Service, b«ng well
directed, and far above any other heretofore in our Mufters provided.
The Pioneers or Labourers alfb, being great Numbers, will alwdys readily
be at hand to caft Trenches, or make Sconces, to lodge Shot in Safety to an-
noy the Enemy, and fortify Streights and PafTages j and finally, when time
is, on the ftattering or flying Enemy to do execution alfb.
It fhall not be difficult in every Shire to find fbme fuch two or three places
of AiTembly, within a few miles of the Coaft, as may diftover the Enemy
on the Sea far off, and plainly perceive on what part he meaneth to land,
from whence Supplies accordingly may be ftnt.
And firft I would wifh of thofe Argoleteirs, and Shot on foot, fbme con-
venkpt Companies be ftnt to the Coaft,and Order given,that all the Labour-
ers of thoft parts fhould attend on them, to make Trenches or Sconces to
ftay the Enemy, as they fhould be direfted 5 in which time the armed Pikes,^
G accom-
(^ )
accompanied with Lances, may have fpace to range themfcives in Ordet
Military, without confufion or diforder, to march towards the Enemy. And
if thefe Argoleteirs and other Shot fhould happen by the Enemy to be repel-
led, yet by the aid of the Labourers of the Country, they may retire in
fuch fort from one Strength to another, as the Enemy with great lols (hall
very flowly follow them.
And forafmuch as Ke»t is the moft likely Shire of all other for many re-
fpefts to be attempted, whenfoever any Invafion (hall be by Sea, it were re-
quifite before-hand by Men of Skill to have the Landing-Places well furvey-
ed, and convenient Places of Aflembly appointed, and allPaflages or Streights
well confidered, that good direction may be given where to affemble, and
how to proceed upon any fudden, when occafion (hall require. For at this
prefent, not only lamong the common fort of ignorant Captains, but even
among fome of good Judgment and Experience, if fuch an occafion (hould
fuddenly happen, there would be found fiich repugnance of Opinions, as
perhaps the worft and moft perillous Rcfolution might be taken. In other
Arts Errors are'not fo dangerous, but upon better deliberation they may be
correded 3 but in thefe Military Caules, efpecially in matter of Invafion, an
erroneous Refolution at the firft may utterly overthrow the State for ever. I
would wiQi this Matter,of fo great Importance effedually confidered, before
imminent Danger, while Time is. And fo is there no doubt ( the natural
Fortification of this Ifland confidered) with the great ftore of Shipping and
Mariners, and the abundance of Armor and Weapon now in Englatf^^ and
able Bodies alfo to ufe them, if they were duly trained and exercifed; but we
may with good Order repell the Fury of all Foreign Enemies whatfoever.
Thus far Mr. Diggs.
And now I muft not omit one thing, which is to let you know that the
great ftrength of this Kingdom lies in Chatham-Kwoxy and at Eortfmouth,
( and I could heartily Wilh all his Majefty's Ships there were in that River
too ). As for the firft, it is lufficiently fecured by the New Fortifications at
Sheerm^, and thereabouts 3 but for the latter, if an Invafion fhould happen
in thofe parts, the Enemy may land at Stokgs-Bay, fecure Go^ar with a great
deal of eafe, deftroy the Navy there, and beat down the Town o^Portfmoufb
about their Ears 3 therefore that Bay ought to be fecured upon the firft
Alarm.
1 would have given you a Lift of the laft thirty Ships, but that they are
not all yet finifhed, but when they are, will make the moft glorious Fleet in
the World.
75?
( 7 )
^qmjite for the Defence of a Fotti
FOr Men, the Governor muft re-
quire them according to the Ene-
mies Strength, the number of the Ba-
ftions, and capacity of the Place.
For Provifion, according to the
number of Souldiers, and the time,
whether it be fix, eight, or twelve
Months Provifion.
Spare Ordnance, a quarter as many
as are mounted, for a fiipply in cafe
any Ihall be difebled.
Shot of all forts, as well for great
Guns as for Mufquets.
Mufquets, Bandaliers, and Pikes, to
(pare, as many as are requifite.
Powder anfwerable to the number
of the Rounds of great Guns and
(mail Arms.
Shovels I GOO. Spades 800. Pick-
axes 400. Wheel-barrows 156.Hand-
barrows 200. Rammers 20. Drugs 2.
Match proportionable to the place
and number of Men.
Spare Carriages half as many as are
mounted, with good (lore of Wheels,
Axeltrees, Plan^, Joifts, Deal-boards
and Spars 5 a Carpenter and his Men,
with all his Tools.
Cannon Baskets 500. MufquetBafi
ketsSoo. CanvafiBaggs 3000. to be
filled with Earth,and laid upon Breft-
works.
Calthrops 10 or 20 thoufend, ufe-
fill to lay upon Bridges, and to ftrow
on the Ground.
Beetles of divers forts to drive Pa-
lizadoes into the Ground, 40 or 50.
Palizadoes three inches thick, fix
foot high, placed with Iron at the
points, (our or 500.
Turnpikes twelve foot long, and
five inches diameter, in a fix-angular
form, as many as are needful.
Two large Morter-pieces, and one
(mall, with Granado-Shells, and all
Materials belonging to them.
Hand Granadoes fitted with Fufecs,
two or 3006.
Ginns two or three. A Smith with a
Forge and all his Tools, great (lore
of Iron and Steel 5 a Steel Mill for
grinding of Corn, and two or three
Ovens.
All manner of Ingredients for Fire-
works, and an able Fire-mafter to
make the Fufees, and all other Fife-
works, and to (hoot exiftly into the
Enemies Batteries, Redoubts, and
other Places, as the Service may re-
quire.
Laftly, The Mafter-Gunner muft
be provided with all neceflaries be-
longing to the Guns.
^quifie to be canted hito the Field with a Train of Jrtilkry.
FOr Battery, Whole Culvering
of Brals, mounted upon Tra-
veiling Carriages <— 10
For Field Service, Saker— lo
Three Pounders 6
I^ote, you muft carry as many great
Guns as the Defign requires, as
fometimes 40 or 5o,and foftiot,d^c.
proportionable.
SpareCarriages for wholeCulvering 10
For Saker-— ■ 10
For Three Pounders 6
Spare Wheels and Axeltrees for each
fort of Ordnance -
Fore-WaggoUs
. 6
29
Spare Wheels for the Fore-Wagons 6
Block Wagons to lay Ordnance on 12
Spare Fore and After-Wheels — 6
Spare Thillers for Block Waggons 2
Spare Axeltrees and Draughts 2
Sledges to draw Ordnance on —. 4
Manteletts— ^—■—■ 3
Iron Crows, Handfpikes, and Le-
vers of each- 20
Bra(s Pullies — ■
Winches or Hand-skrews-
—10
— 10
Iron
t
iron Bolts-
8
8^
Horle Collers
Sallet Oil for the Engines-^ 50 pound
Wadhooks 10
Greafe Boxes —■—■— 12
Hogs Greafe for the Carriages 600 lb.
Ladles for whole Culvering 30
Spunges ■—-—■— —■— 3^
Rammers 3°
Ladles for Saker-
Spunges
Rammers
Ladles for three Pounders
Spunges
Rariimers-
Copper Nails for Spunges-
Sheep-skins-
-30
- 30
-30
- 18
- 18
- 18
600
.200
Wooden Leavers for the Ordnance 20
Iron Crows — 5
Round fhot for whole Culvering 2 oop
Double-headed fnot for whole
Culvering — 100
Partridges for whole Culveripg 300
Round Shot for Saker 1000
Double-headed fhot for Saker—— 50
Partridges for Saker — 500
Round fhot for 3 Pounders -— 800
Partridges for three Pounders-—• 800
Cafes of Wood for whole Culv. 2 00
For Saker *
For three Pounders
Beds
Coins
Field Staves-
100
150
20
140
40
Cannon Baskets are generally made
in the Field, and their number
muft be anfwerable to the Service.
Powder for the Ordnance 30000 lb.
Canvafs Bags ^—•— 5000
Match in bundles
2000 lb.
Budg Barrels, with each a Difh and a
Wooden Hammer — 30
Hair Cloaths- —^
— .30
Hurdles to plant Ornaneeon 300
Hand-barrows -? 50
Mufquet-Baskets -—^ 500
Thiller Harnefs compleat ——- 60
Sparc ^bpes and other Harnefs 60
Plate^ Ctpfs Staves for^ the drawing
Ropes after every couple of Hor-
fes ———r-———80
Ringers mthBeko 1 ■" " roo
XVliipcord to bind withal •— 100 lb
4oo
Drawing Ropes of 40 fath.a piece
Half drawing Ropes-
Windlafs Ropes 4
Stricking Ropes •— 4
Drawing Lines—^ 30
Neck Lines 20
Ramming Blocks to drive Palizad. 20
Horfe Halters 200
Small Rammers- 10
Spare Ropes 6
Great Iron Hammers —-— 5
Bearns. ahd Underlayers for Plat-
forfns, &c. 10 foot long- 300
Stockadoes -* 400
—2000
— 3006
'— 100
— 1000
—rooo
500
— 300
—^ 300
—• 200
— 200
■■— 100
30
— 200 lb'
50
—:—■ 20
Planks for Bedding, &c.
Spars or Palizadoes
Deal-boards
Spades —
Shovels-
Wheelbarrows-
Axes
Handbills
Pickaxes
Mattocks
Handbarrows
Lanthorns —■
Candles -
Leather Pails
Canvafs pieces for Blinds
Packthread ■
Sayl-yarn
SO lb.
4.1b.
Bolts and Clinchers for Axel trees 40
Bolts for Thiller Carriages- 40
After Hooks for the Carriages •—■ lo
After Nails 50
Spare Clenchers for the Ordnance 40
Wedges for the Block-Wagons—100
Iron Staples 50
Tow ^— 100 lb.
Bundles of Bar-Iron : 400 lb.
Small Bars for Smiths
Steel
Ladle-Hooks
Linch-Pins —•
Spikes
Tampeons
Forelocks Keys
Great melting Ladles
Small
1000 lb.
—500 lb.
40 pair.
• 40 pair.
40 pair.
26
Scaling Ladders
Nails of all Sorts
40 pain
3
2
50
- 10000
Formers
2
3
0
'P
Formers of Sorts <—►
Tan'd-Hides)
Druggs
Ginns or Windlaffes-
Paper Royal
(9)
• 50 jMorter- pieces Great-
Canvafi for Cartrages
Starch—
Needles —
Thread —
Twine-
40
2
2
20 Reams.
—50 Ells.
10 tb.
Gunners Horns -
Priming Irons —
Aprons of Lead-
Linftocks
Wyer——
40 dozen.
— 40 lb.
50 lb.
50
•6 dozen.
30
4 dozen.
—10 lb.
Small
Granadoe Ihells, for each —
Hand Granadoes fitted —
Petars fitted
- lOO
5000
— 6
Waggons for the Train — 40
Horles for the Train, with all man-
ner ofHarnefs, compleat 500
All Tools for Miners, Carpenters,
Wheelwrights, Smiths, Coopers,
Turners, Collermakers, Armorers,
Basket-makers, and all manner of
Ingredients and Inftruments for the
Fire-Mafters, and Petardiers'.
to he carried into the Field to make a
Ma^a:^ne of in the yfrmj*
FDwder for Mufqueteers 1000 Bar. Spitters to (pit Sods with ' " 200
Match in bundles— -poC."
Lead for Bullets ' 50 C.
Moulds to caft Bullets — 50
Hair-cloaths'- .. 60
Old pieces of Sails to make
Blinds ■
Spare Mulquets
- T>
Spare Bandaleers
Spare Mufquet-ftocks
Long Pikes
Half Pikes
1000
1000
1000
- 500
2000
- 200
- 300
1000
A.AC41.*. A.
Corflets and Headpieces —
Javelins double-pointed —
Match-Horns to blind lighted-
Matches upon an Enterprize 2000
Running Waggons with two Wheels
and Javelins put through the Ax-
eltrees goo
Short Palizadoes-
Iron Hammers —
Wooden Mallets
Bagger Nets to Work in a Gallery 2 5
Crooked Iron Shovels with long Hafts
to work in a Gallery 12
Spades — looo
Shovels
Mattocks '
Pickaxes
Wheelbarrows
Great Iron HammCTs-
Axesof all forts
Great Borers to bore with
Calthrops
- 600D
- 40
- 200
9
10000
500
^
Swords with Belts —
Pieces of Bullrulh-Bridges to pais
over a Moat or Ditch ■ 150
Hand-barrows to carry Sods with 'i 50
.Great Beetles 100
Water-icoops - 200
Mathematical Water Horfe-Mills to
drain out Water 1 »,i 2
Hatchets and Handbills-
Great Pincers
Small Hammers
Spare Holfters for Cavalry
Spare Piftols for Cavalry —
Spare Carbines —
Spare Partizans
1000
' 500
' 500
-400
— 50
• 600
—loo
— 8
— 20
Iron Crows of all forts
Draggs
500 pair.
•500 pair.
: 500
40
30
- 25
Tents for Perfonsof Quality-—200
Trench Tents - 10000
SparqDrums —- 200
Nails of all Sorts ■ —■ 100000
Lanthorns and Blind Lanthorns— 40
Candles - $00 lb.
Torches 1000
Colours . 100
Fire-Lights— 25
Pitcht Ropes —
Barrels of Pitch
Barrels of Tar '
D
600 pieces.
Woo
I
r
Woolfacks'
Hour-Glafles
( 1
150
40
Drawing-Lines to draw Veffels againtt
the Stream 60
Baggs to fill Earth with upon an
Approach — Spoo
Ammunition Chefts to put them ,
in 6
Blinds of Canvals 150 foot long
each piece 150
Planks, Spars, Beams of all forts good
fto'fe for Ordnance, Palizadoes,
Stockadoes, Galleries, fome (hor-
ter and fome longer, as occafion
may ferve.
Great Block-pile Drivers, with all
their Ropes arid Appurtenances 2
Cordage of all forts —400 lb\
Two-handed Rammers for two Men
to drive Palizadoes with 20
Spare Bridles, Saddles, and other Ac-
cOutfements for the Horfe,as many
as arc requifite.
Fifty pieces of Bulrufti-Bridges, co-
vered over with Canvafs, with their
Ropes and Cords, to faften them
one to" another, and Anchors, each
piece being 10 foot long, and fix
broad.
Cork-Bridges, each Bridg containing
10 pieces joined together, and each
10 foot long 2
O )
Spare Trumpets-
Windlaflb fitted-
Leather Pails ■—
-40
— 2
200
250
Saws of all forts
Augors of all forts, Wimbles and
Adazes —40
Good ftore of Carpenters Tools.
All things neceffary for 40 Carts to
carry Earth in, compleat.
Wheelbarrows 1000
Spare Wheels, and Iron Pins for
them- — 400
Single-fawn Planks for the Wheel-
barrows—— 200
Hafpells and Turnpikes with their
Javelins, fmall and great 100
Halberts — — loo
Copper Ovens—-— 40
■KitchinrTents 6
Hofpitai-Tents 10
Waggons for the Lord General, and
allPerfonsof Quality, -200
Horfes with all Harnefs complcat
andtofpare 1200
Kneeding-Troughs,Dow-knives,PaiIs,
and other things belonging to the
Baker, as many as are requifite.
Bread, Cheefe, Oats, Hay, and other
Provifions anfwerable to the num-
ber of the Men and Horie, &c. in
the Army.
\y{n Account of the Sea and Land Forces ordered by the Houje of Commons^ the
Charge being calculated for a Month^ and the Jianding Pay of every Land-
Officer per diem.
THe ninety Ships of War, with Fircfhipsand Tenders,the number of Men,
confifting of about 25562, at 4 /. 5 s. per Head, Wear and Tare, that
is, for Wages, Prbvifions, Ammunition, &c. will amount to per Month
108040/. 10 or thereabouts.
^ The 26 Regiments of Foot, loob Men in eachR.egiment, befides General
Officers, - will amount to 34282 /. 14/. 8 d. per Month.
The four Regiments of Horfej 490 Men in each Regiment, will amount
to 9418 /. 5 J. 4 per Month.
The two. Regiments of Dragoons, each 960 Men, Officers included, will
amount to 5429/. 13/. 4^/. per month..
The total Charge for the Army for a month,, comes to 49130 /. 13 j. 4 d.
The total Charge of Navy and Army, to 157171 /. 3 x. ^d. per month;
befides the Train of Artillery.
. A Land Tax to maintain this Navy and Army, will come to abovfe three
fhiliings per pound for a. Year, for it is obferved that 70000 /. per Month,
tomes to 18 dfper I. by a Land Tax for a Year. A
(<«)
A Lift of the 90 Ships of War and Men defigned by the
Parliament againft France, Anno 1678. •
V
C
4 Firft Rates.
Harks
Men.
- 710
Charles Royal 780
n?rmce Royal 780
James Royal 780
5 Second Rates.
jFrench T^^y——^—520
Catherine Royal'—— 540
Rainhow—-'— 410
Vi&ory ——r-r—^ 530
ZJnicorn- > ■■ ■ '
"■ ' 410
16 Third Rates.
Cambridg — 420
Defiance 490
Drednahght— 555
Dunkirk^ '3 40
Edgar 445
Harwich
Henrietta—^—
Lion
Mary- —
cALontague -
CMonmouth
Royal.Oah^ -
'^Plymouth—
Rnpert
Swiftjnre —
Tori'
420
— 355
340
365
-— 355
400
—. 470
' 340
——. 400
.42c
340
Jerfey
Kings Fijher-
Leopard -
iFHaryl^fe-
Newcajile—
Nonfitch—
Oxford
Phenix
53 Fourth Rates,
\Adventnre 190
Antelope ;—■—• 230
^^ifiance ^ 230
^Jfurance 180
Prifiol 230
Centurion ——. 230
Charles Erigat ■—— 220
Confiant Warwici — 180
St. David —i—280
Diamond 230
Dover 230
Fauk on 230
Forefight V-— 230
Greenwich ^—— 280
Hampjhire-
Happy Return-
James Frigat
-220
■280
220
Portland >—
Portfmouth'
Referve
Ruby'
Stavereene—
Swallow —
Sweepfiahes-
Woolwich—
Men.
^230
—'—• 220
280
230
i28o
180
— 280
180
240
-S(P 220
—230
,230
— 2 JO
: 230
—__r8o
280
10 Fifth Ratesr
Dartmouth
Garland —^
(juernfey—^
Hunter •—■■—
Mermaid—F.
Norwich ^
Pearl ^
Rofe
Saphire
Swan—
Drake-
Francis—-
Greyhound-
Larkg——.
Robuci
Soldado <—
6 Sixth Rates.
135
13d
•i'3o'
130
-135
136
136
125
-135
135
•75
75
75
85
75
75
To which is to be ad-T
ded 14 Merchant-C^QgQ
men,4tA Rates^ar-C ^
ing each 2 2 o Men 3
And two Merchants"^
(hips, Rates, ofC 260
130 Men each — )
Total-—24390
( >» )
7he General Officers pdy for a
Foot ^giment.
A
/.
Colonel oo
Lieutenant Col. oo
GO
GO
A Major
A Chaplain
A Chirurgean
An Adjutant
A Quarter-Mafter
GO
oo
GO
s. d.
12 OO
07 00
05 00
06 08
06 08
04 00
04 00
T^er diem —g2 05 04
Per menjei^ 65 04 08
Per Annum 882 00 08
The General Officers pay for
a Horfe ^giment.
A Colonel
A Major
A Chaplain
A Chirurgean
00 12 00
«o 05 06
oa 06
00 G6 60
Per diem — gi 10 02
Per menfem 42 04 08
Per Annum 549 oo 08
Tloe General Officers pay for
a Dragoon ^gment,
A Colonel with 3 Horfes 00 15 00
A Lieut.Col.with 2 Horfes 00 O9 00
A Major with 2 Horfes 00 06 08
A Chaplain 00 06 08
A Chirurg.Mate & Horfe 00 08 06
Adjutant and 2 Horfes 00 05 00
Quarter-mafter & 2 Horfes 00 0$ 00
Per diem —
Per menfem
Per Annum
02
17
947
15 ib
04 08
00 08
A Foot Companies Tayi
I.
00
00
A Captain
A Lieutenant
An Enfign 00
Three Serjeants, each 2 j. 00
Three Corporals,each i j. 00
Two Drums, each 1 s. 00
100 Souldiers, each 8 d. 03
J. d,
08 00
04 00
03 00
06 00
03 00
02 GO
10 00
Per diem ~
Per menfem
Per Annum
04
129
1686
16 00
14 08
10 08
A Troop of Horfe ^ay,
/
^Captain and 2 Horfes 00 14 00
Lieutenant and 2 Horfes 00 10 00
A Cornet and 2 Horfes 00 09 oO
Quarter*'mafter8i: 2 Horfes 00 06 00
ThreeCorporals,at3/.e.achGo 09 00
2 Trumpeters, 2 s. 8 d. each 00 05 04
Sixty Souldiers,at 2 s. 6 d. oy 10 00
Terdiem ^ 10 03 04
Permenfim 284 13 04
' 3700 13 04
Per Annum
A Dfagoons Qomparys Tay.
^ Captain and 3 Horfes 00 11' 00
A Lieutenant arid 2 Horfes oo 06 00
A Cornet and 2 Horfes bo 05 00
3 Corporals, at 2 r. each 00 06 00
Two Drums, at 2 /. each 00 04 00
80 Souldiers,! f. 6 d. each 06 00 00
Per diem — 07 12 00
Per menfem 219 16 00
Per Annum 2857 08 CO
Jdote^ That the Cdonel, Lieut. Colonel, and Major, have Captains Pay, be-
fides their Pay as Field Officers.
The
C •;)
TJje Officers pay of a Train of Artilleryy per diem.
I. s. d.'
A General of the Artillery 04 00 00
His Secretary 00 05 00
A Lieutenant General 03 00 00
Adjutant to the Lieut.Gen.oi 00 00
Two Clerks, each 41.— 00 08 00
A Comptroller 00 15 00
His Clerk' 00 03 00
2 CommiC Gen. each 1001 oC> bo
Four Clerks, each 3— 00 12 00
Paymafter and his Clerk—00 08 00
An Engineer 00 lO 00
His Clerk — co 02 06
Comptrol.to the By-Train 00 10 00
His Clerk co 02 06
Waggon-Mafter General 00 10 00
Four Alfiflants, 4/. 00 16 00
Commillary ofthe draught
Horles 00 08 00
His four Affiftants,each 4J-.00 16 00
A Bridg-Mafter-
his 6 Affiftants,at 2 s.-
A Chirurgean
/.
—go
— go
— gg
His 2 Mates,at is. 6 d. 00
A Meffenger— —-co
A Tentmaker og
His two Afliftants, at 2 s. co
A Tent-keeper and two Af-
fiftants, each at 18 d.
Ladle-maker and Servant
A Mafter-Armorer
Three Armorers at 18 d.
A Mafter Smith
Four Farriersj at 2
Ten Smiths, at 2 /.■
His Clerk gg g2 06
Gentlemen of theOrdnance
12, at 4 r. each-
Quarter-Mafter-
Purveyor
Mafter-Gunner-
His Mate
g2 g8 gg
gg 05 gg
gg 05 gg
' ■gg 05 og
gg 03 og
Eighty Gunners, at 2 r.——g8 gg gg
3 Battery-Mafters at 5 s. 00 15 gg
3 Work-Baces, at 3 s. gg 09 gg
Provoft-Marftial. gg g6 gg
His 4 Affiftants,at 2/. og g8 gg
A Pettardier og 05 go
Two Affiftants,at is.6d.oo 05 og
A principal Conduftor of
^ the Matrofles gg 05 gg
Condudors 224 for the Train
and Carriages,at 1 s. 6 d. 18 00 oo
Matrofles i 6g, at 1 s. 6 d. 11 00 00
go
00
Go
00
og
gg
•01
A Mafter Carpenter- og
Ten Carpenters^at 18 d.—00
Mafter Wheelwright —- gg
Ten Wheelers, at 18 d.— gg
Mafter Collermaker—^ do
Four Collermakers^ati 8 d. 00
A Mafter Cooper —^ og"
His 2 Servants at 18 d.-r-oo
Gunftock-maker; og
Turner ^gg
Three Gunfiniths, at 18 d. 06
1 Captains ofPioheers,4 j-.od
Four Sergeants, at 2 /. —. gg
Six Corporals, at 18 d. — co
2GG Pioneers, at 12 d. 10
20GG Drivers, at 12 d~— ico
A Chaplain qq
Basket-maker 00
di
04 co
12 00
04 OG
05 do
03 go
04 CO
04 GG
04 06
03 g6
52 06
04 06
04 go
g8 od
00 og
03 Gd
15 gg
03 CO
15 gg
03 00
06 gg
g2 06
03 go
g2 go
g2 gg
04 06
58 00
g8 gg
09 gg
og go
og go'
05 go
gg og
Per dkm 187 19' ©5
Perntenfem 5261 06 oo
Per Annum 68^<^6 18 go
Total charge of the Arms, Powder, Shot; and all ProviGons df-War for
, an Army of 26000 Foot,and 4.000 Horfo out of Store 23543/. 05 j". oid'.
To be provided by ready Mony 529431, oi j. 06dl
Total 76486/. c6s. 08 d.
Total of the Train 66i^<^l. 04J. o^-dl
, ' ^ Totalofboth ,142745/. nr. oodl
Total of the Draught-Horles for the Train, arid all the Waggons arid Car-^
riages for the Arniy amounts to ig86g Florfos, and at 8 /. a Horfe, comes
to 86880/. fo in all it amounts to 229625/. iu. Traniportation-Chai--
ges not here computed, nor the number of Miners.
The Train was toconGftof 50 Guns, 30 Petards, and 20 MGrter-pieces,witH
all other Materials proportionable. E
( >4 )
A Lift of the prefent Governors oF the Garifons of EnghnL
TO Henry Cavendijl) Duke of
NejrcaJile.Deputy Governor,Ralph
Widdringtott E(q5 ' .
'<E^XX\i^ZfiharlesHor)Pard Lord Morpeth.
CijCpftOtU, Henry Somerfet Marquefs
Worcejier.
Sir Jeoffi-ey Shakgrley.
SDolirt) Colonel Stroud.
OitrtlltOUtf)) Sir Edward Seamour.
Sir John Berry.
(SlirtttfCP) Chrijlopher Lord Hatton.
and Cilburp, Mr. Leak,
Son of Sir Francis Leak deceafed.
I^Ull and the 'BIOCk#OUfe0jjff^« Shef-
field Earl of Mulgrave.
Col. Daniel Collingwood.
UecfeP'ilflaiHl, SkJohnLaveer.
lantffuarn^Sir Charles Littleton.
©t^^aUJe^^CaltlejSir J of. Tredenham.
Pettll0ltni'0-Caff Lord.(4rw/;-
deloCTrerijf
pipmoutb and g)L iBtcljola^ Slflant,
John Greenvil Earl of Bath. Sir Hugh
^iper Deputy Governor.
JPO^tlantr-CaCtle? Humphrey Weld Efq,
IpO^tftnOllthjCol. George Legg. Sir Ro-
ger Manly Deputy Governor.
^aithffntC^Cattfej Sir Thomas Allen.
^antlOlUn'CafHrj Capt. Freeman.
^5^£Cltef0, Major Nathaniel Dorrel.
^illp-JtlanD, Sir William Godolphin.
^cacbawfhCaaie, Sir Tho.sungshy.
€:mniOUtf) Caftle, ColEdward Villers.
Cotoet of lonuon, William Lord .Al-
lington Conftable, C^i^tXhomas Cheek
Lieutenant Governor, Capt. Thomas
Hawley Deputy Governor.
The Mafter of the Ordnance's Place
is held by 3 in Commiffion, Sir John
Chichleyfive Chrijlopher Mufgrave.^2Xid.
Sir William Hickman.
{LlpnO?=Ca(H£) Rob. Minors Governor.
2xLlll1llfO^Calll£) his Highnels Prince
Rupert Conftable,Capt.^^?/t/ Lieute-
nant Governor,
f 0?k and CUffoHl0 "Cotuer, Lord
Frechivile.
31flC of Sir Robert Holmes.
|)Utft'Caftle5 Sir John Holmes.
CalC^Ot-Caftle, Col. James Halfej^
A Lift
-)
t '5 )
A Lift of all the Lord Lieutenants and High-Sheriffs of
all thofe Counties adjacent to the Coafts.
He^rj CavendiJIj Duke of Nemaftk. Sheriff, Edward
Blacken Efq^
iDurfjani^ Dr. Nathamel Crew^ Bifhop, Lieutenant, and Sheriff
Eafl-Riding, John Shcffeild Earl of ^ulg rave. Sheriff, Sir Tho-
mas Daniel.
lincolnfljice, T^hert Bertne Earl of Lindfey. Sheriff, Ralph Maddifon Efqj
JKojfOlh, Robert T^ajion Earl of TarmoHth. Sheriff, iPhilip HarbordEfq^
Suffolk, James Howard Earl of Su^olk. Sheriff, Sir Robert Brooks.
CflCltj Awbrey de Here Earl of Oxford. Sheriff Barret Efq,
Itot, Henneage Finch Earl of Winchel/ey. Sheriff, Ralph 'Vetley Efqj
^UflClC, Charles Sackvil Earl of Dorfet. Sheriff, George Luxford Efq,
il|}ntnp(hfrc, Mr. Noell. Sheriff John Cumber Efq;
John Lord T^awlet. Sheriff, William Wejlon Efqj
OePonfhfce) Chiftopher Monk Duke of Albemarle. Sheriff, Sir Edw. Seamore.
Co?n&iall, John Greenviie Earl of Bath. Sheriff, John Cotton Efq^
^auiecfctfljfrcj James BntlerDvko of Ormond. Sheriff, SirWill.Windham.
For all thele Counties Following, Henry Somerfet Marquefs
of WorceUer is Lord Lieutenant.
'
P(£mb?0kefl3it^? Sheriff, Thomas JonesEfq^
Cacnmctljenfljfce, Sheriff S\r Rice WHHams.
<SIattlO?ffanfl)ire5 Sheriff George Bowen Efq^
^OnniOUtl)Ct)lCC^ sheriff Thomas Morgan Efqj
CamfgaitfljirCj sheriff Richard Herbert Efq^
^erfonetf)fbff0j Sherift WHUam NarmyEfq^
Sheriff Thomas Wyn Efq^
Carnachafflhite, Sheriff, Robert Cotymore Efqj
iflfntfhirCj Sheriff Thomas T^indar Efqj
Cfiefljfre and Lancaftite, WHUam Stanley Earl of Darby, Lord Lieutenant.
And Edward Leigh Efq, Sheriff of Chejldre. Lancajhire. •
iKIICftntOielanJl and Cuntbctlantl, Charles Howard Earl of Carlijle. Sheriff of
Cumberland, Sir George Fletcher.
Thi
• -Mk .
7he Wages of Officers and .Seamen ferVtng in bis J^ajeflys
Fleet at Sea per .'Month,
Ofiicers.
T^te.
2 T^te.
3 T^ate.
4 l^fe.
5
7(ate.
6 T(ate.
/.
s.
d.
L
d.
/.
J.
d.
I
/.
d.
/.
s.
d.
/.
d.
Captain
21
00
0
16
16
0
14
00
0
ro
ro
0
08
08
0
00
0
Lieutenant
04
04
0
04
04
0
03
10
0
03
10
0
Mafter
07
00
0
06
06
0
04
13
8
04
06
2
03
17
6 Capt.is Mir,
Mafters Mate
03
06
0
03
00
0
02
16
2
02
7
to
02
02
0
02
1
02
0
Michhipman
02
05
0
02
00
0
or
17
6
01
13
9
or
lb
o^or
ro
0
Boatlwain
04
00
0
03
ro
0
03
00
0
02
ro
0
02
OS
002
1
00
0
Gunner
04
00
0
03
10
0
03
00
0
02
ro
0
02
05
002
00
0
Purler
02
00
0
01
16
8
or
ro
0
or
06
8
or
03
4
03
4
Carpcrtter
04
00
0
03
ro
0
03
00
0
02
.10
0
02
05
0
02
Ob
0
Quarter Mafter
01
15
0
01
15
0
or
12
0
or
10
b
or
08
0
01
c6
0
Boatlwains Mt.
01
15
0
01
15
0
or
t2
0
or
ro
0
or
08
opr
0^
0
Gunner's Mate
oi
15
0
01
15
0
or
r2
0
or
ro
0
or
08
0
!
or
06
0
Chyrurgfeon
oi
10
0
02
ro
0
02
ro
0
02
10
0
02
ro
002
ro
0
Chyrurg. Mate
bi
10
0
01
10
0
or
TO
0
or
10
0
or
TO
opr
ro
0
• Quart.Mr.Mate
bi
10
0
01
ro
0
01
08
0
01
08
0
or
c6
0
01
05
0
Yeomen
01
12
0
01
ro
0
or
08
0
or
08
0
Coxfwain
01
12
0
01
ro
p
or
08
0
or
08
0
or
06
0
Corporal
01
15
0
or
12
"0
or
ro
<
0
or
ro
0
or
08
0
or
05
0
Cooks
01
05
0
01
05
0
or
05
0
or
05
0
or
05
0
or
04
0
Armorers
01
05
G
01
05
0
or
05
0
or
05
0
Gunfinith
01
05
0
01
05
0
Carpenters Mt.
02
00
0
02
00
0
or
16
p
bt
14
0
or
12
0
or
ro
0
Mr.Trumpeter
01
10
0
or
08
0
or
05
0
or
05
0
or
05
opr
05
0
Quart.Gunners
01
06
0
01
c6
0
or
05
0
br
05
0
01
05
0
or
05
0
Carpent. Crew
01
06
0
or
06
0
or
05
b
or
05
0
01
05
0
Steward
01
05
0
01
05
0
61
05
0
or
03
4
or
00
8
00
17
6
Steward's Mate
01
00
8
01
00
8
or
00
8
or
00
8
Able Seamen
01
04
0
or
04
0
or
04
0
or
04
0
01
04
0.
or
04
0
Ordinary
00
19
0
00
19
0
00
19
0
00
19
0
00
19
000
19
0
Qromits
00
H
3
00
H
3
00
14
3
00
14
3
bo
H
3
00
14
3
Boys ' 1
00
09
6
00
09
6
00'
09
6
00
09
6
bo
09
6
00
09
6
One Shilling per Month is abated out of each'l And all the reft of the Infe-
Man's Wages,to pay to the Cheft,Minifter,> riors have each of them
and Chirurgean. ) able Seamens Pay.
F1 3^ IS.
parallel
O R, A N
An ACCOUNT
OF THE
growth
KNAVERY,
Under the PRETEXT
O F
AND
POPERY.
With Some Obfervations upon a PAMPHLET
ENTITLED,
An AC ecu NT
OF THE
Growth of Popery, etc
London, Printed for Henry "Brome at the Gun in
S. Pauls Church-ydrd ^ 16jp:
TO THE
RE A D E R^
r, , ; r • I • t - I ■
- * ' * * . . - * , . ...
^'1 '^Here came forth about two years nnce^- ^.Couple o/Se-
M ditious Pamphlets/■« quarto^ The one^ juJlMpon the bed
of the other : The former v^as entitled^ An Account of the
Growth of Popery and Arbitrary Government in England^
^c. which was followed by jSeafonable Argument to per-
fwade all the Grand Juries in England, ^c. the latter .being
only an abftra^ and explication of the dei^gne of the other.
This Parallel was in'the fame. Year Printed and Pnbltjhed by
way of refleSiion upon the aforefaid Libles, with references to
the Pages of that Editipn ; and theControyerfy Jhould haz^e
refied there.^ if the Authour had not found himfelfhonejily ob"
lig'd to reprint the Reply the other fide ha'vingrezi'izd d the
qccafion of it., ftnce the death of Andrew Marvell, by a Poft-
humous Impreflion, with his name at length ^o it.
There was at that time no mention or thonght of the pLOTj
and a man may fee witfo half an eye that his^ buzzing fo much
about the matter of l^eligion, was only to mak^ the fedition
go down the better. For the^ main drift and hent of his Dif.
courfe is only the paring of the Kings nails, clipping the wings
of his Prerogative, advancing a pretended Sovcraignty in the
people, and cutting his Majejiy of^ from the moji ejfential pri-
yileges of all Government , defaming his Adminiftration,
and furnifbing the world with Cafes and Expedients how a
Subjeft may kjU his Prince with a good Confcience.
Now if a body flooutd fpeculate upon th^ Reafons (^fRe-pub .•
KfliingMr. Marvells. Paniphjct:/f , this time, it would mahe
the Preface longer then the Book, to recount them. Pirfi^
there is money to begot by it., and that's fizre and ffty reafons
in one. Secondly., the Writing or Publilhing of a Libell, is
loo'kt upon by fame to be the high-way to preferment:;as a piiek-
^af'd Anabaptift faid f other day^ about the Appeal from the
CoUntrey
V
To the Reader.
Country to the City •, 'Tis a Nationall quarel ( fays he) and
the Naiion ^vnl4di:and 4^y niein'^t. -Thirdly^-as defigne^etx
grmnd^ fo it gatho's confidence 5 and that which in 77.
ivonld ha've been worth two or three hundred pound to the Difi.
coverer, may he worth twice as niujthinow in 79. to the Fub-
and Frinter. There may he a fourth end in it^ Cano-
nize Mr* Marvejl -now in-his gna've ) if notfor a^^dimt^
yet for 'a Ftophetl,- in [hewing how ftdt the FopiOi T\ot falls
out to'hts VdnjeS^wr-j an^'-that he fees'further-into tfmillslone
then another man : and why may not the^ Replicant as well he
ial^en for a FropH^'!,'' that fo9etold f/>& GrroT/vth of F^aticifin^
as well as h^ 'dM theffjvowth ofi Fop^y, and upon ds good
grounds foo ^ 136^ iw his 'IgnatiiJsV 'ConclaVe,' inahfs
Ignatitls be fo indu'*dwitW the deml^ that he was able"to
pojfefs the (very di'Vtl'hin^lf Now '^het'her the Far aticks hrin^
on the ' Jefiiits FIq^ orTh'e JoTuits Fanaticks,' counter-
poff^ngone anofheff is Hot k farthing matter: But that the
dfvil and his^^OiXn are^noWy^[wiwh^th-tl^ fhape of hngch df
light^ to dejiroy ^wr Sacred Soveraign, the Church of England,
and the Civil Government, there is no more doubt to he made^
then that if it whe not for ihe hope of another world^ a man
had better he'hang*d out^of the way\ then he Honefl in this.
If the tnale'Vdhnt inpent of the Book it felf were not fa
grofs manifetf, that a man may mi\ and it^we could
produce fe'veral oiherTnjiantes of the fitnie temper that fell from
the fame pen, atid fpahy the man as much an Enemy to the
Monarchy of England as to the Minifter§; And it is no won-
der^ that the Stcretary to a 'Comrnon-wea'th jhonld write
' with the Spxxifof^a Re-publican: But we djallfpare his me-
mory in that particular^ and only teU the Bendex in one word
more^ that tho^the many turns of State that haw hapnedfmte
Mr, Marveils Account of the Growth of Fopery and Arbi-
trary Government came frjl abroad ^ ha've laid the book open
to further confutation and cehfurcj we fhall yet tafe no ad van-
tage of thofe Events, hut leave this following difcourfe toJhift
for itJelf naked and unlick'd^ as it came firft into the world,
'if.. , '
, • /
j- I If -.t ,fc„ ..I in» ■ ■ I I ijAn ■ I ihi || |.« > ■—. ■ ' , ^ I> . I I i ' 1—
#
#
I
THE
PARA L E L,
OR
AN ACCOUNT
GROWTH of KNAVERY, c^c.
5 / i?,
^ Opinion freely of the two Libels that you lelit me, me-
thinks the Defign of them lies too open to do much Mifchief ^ for I never
fawfo bare-fac'd an Araignmentof the Government, and all tlie Parts
of it: Kwg-, Lords, Commons, Judges, ALiniflers of State; they are all
of them made Conjpirators, againft the Sovereign Multitude, forlboth;
1^' and when the Libeller has done with the Body of the Commons^ he gives
you a Defamatory Lift of betwixt two and three hundred of their Mem-
hers, provoking and abufing all Sober lutereftsInfomuch, that he has left himfelf no-
thing to truft to, but the contemplation of a General Tumult, which is the very Point he
drives at in his ji^^eal to the Rabble,
The Man, Iconfefs^ is a great Maffcr of Words; but then his Talent is that which
theLordSr. Albans calls Matter of Wonder without Worthinefs • being rather the Sup-
plenefs and Addiefs of a Tumbler, than the Force and Vigor of a Man of Bufmefs.
And you cannot but obferve too, that his Excurfions, many of them, are unmannerly
and Vulgar, and fitter for the Stage of a Merry-Andrew, or a Jack^Pudding, than for a
Paper of Sw/f.
You would have me guefs at the Author ■, and you might as. well bid me tell you the
right Father of a Child by a common Strumpet: But I think I may call him Legion, for
they are M A NT-, and there's a Club to his Pen, as well as to his Pocket. This I dare
allure you, that the Author of A Letter from a Parliament-man to his Friend In the Country ,
concerning the proceedings of the Houfe of Commons, &c. in 75. is very particularly acquaint-
ed with the Author of An Accompt of the Growth of Popery, and Arbitrary Government,
cd c. and the SeafonabIe A-rgument, &c. thatfollow'd it, in 77.
The Pretence of the former Pamphlet is exhibited in the Title of it: viz.. An Ac-
count of the Growth of Popery , and Arbitrary Government in England: And more particu-
larly from November 1675, to July 1677. Upronthck Nineteen Months the Compoferha%
he^do\s''d'g(^:ed^e\y Nineteen Sheets of Paper, and laid himfelf out moft wonderfully in.
his Politicks and Conceits, for the better Grace andRelifhof the Difcourfe : But the
Malignity of it is fo rank, that there's fcarce a Page where the Poyibn has not eaten
quite thorough the Verni111, and difcover'd the Spring and Malice of the Defign. View
it narrowly, and you fliall find the Pique to be as well Perfbnal as Seditious, and the
Work only of fbme Mercenary Pen to ferve his ]xincipall's Animofity, as well as his
Ambition. For a Man may* fee witli halt an Eye, how he aggravates, or extenuatesdif-
parages or commends, reftebts a^n, or paffes oxer, as well Abtions, as Men, according
to tlie various Aipcftsot Ajfi^lions or Parties-, and without any regard tothe Pulfe of
Truth of Publick Proceedings. By his Vein of improving the Invecftive Humour, it
looks in fome places as if lie were Tranffrofng the Firfl Painter; only he has chang'd
his Battery, which is a Property peculiar to his Party, conftantly to hate thofe that are
uppermoft.
I was once a thinking to write a Juft Reply upon the whole Relation, and to lay
open the falfhood o'" many Paflage in it, in matter ofFaft ; the Partiality of it in others;
B how
The 0 R 0 IV r K
hd.v TKrvevtcd, r.pd ir.ifappIyM it is throughout; and to fncv; wirat Gapp', and Maimes
Che Compiler of It has left in the Story, purpolcly to divert the RevJcr from minding the
Coherence of Aflions, and thcrcafor.ablc Consmnity of Coiinicis, and Alfairs; V vhat
nnchnvitRble and-illogical infcrcjKCs he has drawn from matters as remote as TcnterdTn
Sreepic from !)eing the cauie of Goodwiu Sands. This was the Method I had proponh-
dcd ro fjiy felf, bnt tipon fcccnd Thoughts 1 quitted it, for thele Reafons. Firit, It
fvcnlu h.a've been too tedious; for 1 inuft Tn Monelhy have printed the Libcl as well as ti e
Reply, which in Proportion would have amounted to near forty Ihcets of Paper. Se-
condly, It would have been fuperhuoiis •, for parr of my uuhnels being tlie Vindicati-
en of Truth from Calumny: 1 find the thing already done to my Hand,in the commonSen-
tence that is palled upon it for a Icw'd dnd Ihamfclefs Impofture. And Thirdly, The
Author himlclf, you fee, has upon better confideration rcducM his Pamphlet of 19
Sheets,, into another Thrce^ as a more compendious E.xpolition of his Meaning: I
fpeakof that Libel which-you fent me, under the Name of M Scafondlc yh-gHmem to
perfmide all the Crcind Jarks in England to Petition for a New Prylinmcnt; or a Lift of the
Prtrtcipal Lnhonrers in the great Defgn of Popery^ and Arhttrdry Power^ &c. So'that my
Task is only to make good in my Diicourfe the Paralcl that I promis'd you in my Ti-
tie, and then to pafs lome Remarks upon the Scope, and Vcnorae of the Pamphlets
themfelves.
Now tothc end that you may not take the Libels here inrqueftioii for Orlnnds^ let
me alTure you that thefe Notable Pieces are neither better, horworfe, than tlie Old Dc-
of 40, and 41 only and NewtrmPd-^ Contrivance-, the Pofitionsy
and the Drift the very fame ^ and upon the whole Matter,there is-fo near a refemblance
betwixt them, that one Egg is not liker another. If you would have a full Hiltoryof
the Fadion,you may read it at large in Bancroft's Dungc-rom Pofittons-or HiylkPs AER1-
Z> S RED IF 1FV S. But my purpofe is principally to compare the Projeft of 77.
with that of 4c. and 41. andby tracing the.Foot-ftcps of that Rebellion, from the Un-
deniable Faft of things pafied, to gather fome probable conjeftureat things to come.
To begin my PWc/with the Alarm of Popery., and Arbitrary Government in 1677,
take notice that it was likewife the Pretext and the very Foundation of the Rebellion in
41. M Aialiqnant and? erniciom Defgn (fays the Remonfirance of December I 5. 1641.)'
of fubvertin^ the fandamental- Laws, and Principles of Government., upon which the Religion
andjH/Ike of this Kingdom is firmly ejhblifiPd. Husband's ColleHions, p. 4, and in the
fame Page he tells us of Such Ccmfellers and Conrtiers, as for Private Ends have engag'd
themfelves to further the Interefi of feme Foreign Princes or States, to the Prejudice of EEs
Majefiy 4nd the State at home, . Whkh Comftllers, and Courtiers o( thofe days, are HOW
ttzti^Qtcd into French Penfioners titld Conlpirators hi But it you would ice the Re-
formers in their Colours, read the Declaration , and Protcflation of the Lords and Com-
mons in Parliament ( as they ftilc it ) to the Kingdom, and to the vMe World: where,
befide the Horrid Invocation of Almighty God to Countenance the juggle, the whole
llrefs of the Qiiarrel is laid upon the Kings being Popijhly InclirPd; and the War foun-
ded upon that Execrable Cheat. The Kings Comfelsy and ReJ'olutions ( Say they ) are jb
emrag'dto the Popifis Party, for the SuppreJJion and Extirpation of the true Religion, that
ail hopes of Peace and ProteHion are excluded •, and that it is fully intended to give SatisfaSii-
on to the Papijis, by Alteration of Religion Cbc. And a little further they lay thct the King
cndeavoiir'd to keep of all Jealoufies and Suficicr.s, by many fearful Oaths and Imprecations
of maintaining the Protejlant Religion. But what were all tlicir Stories of Popijh Plots, In-
tercepted Leners, DarfContpiracies, but oiily Artifices to gull the Credulous and Silly
Vulgar ? For the King was lb far from being Popdhly afklcdxh-At never any. Prince purg'd
himfelf of an Imputation, by two more Credible and Dreadful Solemnities; The Firft,
VuhliclslY the Sacrament ixi Chrifi'-Church Oxon. 16^.3; and afterward, at \\\s Death
WYion the Scafold. Now fee the Harmony betwixtRemonflrams, and Our Libeller
inlus Growth of Popery. There has now for divers Tears, lays he, a Defign been carried on
to change the Lawful Government of England into an abjolutc Tyranny, and to convert the
efiahlifiPdVrotcitnntKehgion into down-right PoYtcty. p. 3. He begins in the APet hid
ot the Remonfrants Vilthn General Charge xnpon III Alinijhrs, auci he ihnii Advance with
them too, nkt Hep, to an Attaejue upon the King himfelf. .And not a Pin matter what
is laid on either fide to the Contrary.
It is true, (lays the Growth of Popery p. 155.) that by his Alajcfiy and the Churches
Care,under God's (pedal Providence,the Omfira.cy hath received frcqin t difappoimments, &c.
And
aiding Fomidattoti of the Greatmfi e:nd Projfcrtty of his Afajefty and his Royal Pojteriiy af^
er him. Buc what do you think, rather of the pretended Loyalty of thele People after-
wards even in the Hate of an Actual Rebellion ? p. 663. IVe the Lords and Commons
tn this frcftnt Parliament affcmbicd, do in the frefence of Almighty Cod., for the fat isfaction
tf our Confciences, and the Dtfcharge of that great Trujt which lies upon us, make this Prote-
itation Declaration to this Krngdom Nation, and to rk-Whole World, that no
private Pajfon, or RefpcCt, no evil Intention to his APajefiies Pcrfon, no Defgn totheprejiia
dice of his jufi Honour, and Authority, engafdus tcratfe Fortes, and take up Arms againft
the Authors of this i'Var, wherewitii the Kingdom is novo enflan? d. And does notour Libel-
ler toWovf the Remonjtrants In their Hypocrtfy tool This Book^ {{k)'S lie, p.*156J though
of an extraordinary Nature, as the CaJ'e requtr'^d, and however it may be calumniated by'
interrejfed Perfons, was written with no other Intent, than of meer Fidelity, and Service to his
Majefly, and Cod forbid that it (hould have any other EffeEl, than that the mouth of all Ini-
quity, and Flatterers msy be flopped, and that his AFajefly having difcerned the Difeafe, may
with his healing Touch apply the Remedy : For fo far is the Relator himfclf from aty finifler
SurmHe a^ainf his Alajefly, or from fuggefling it to others, &c. The Pamphlet, I conlefs,
is, as he calls it, A Book, of an Extraordinary Nature-, but why does he fay, As the Cafe
requiRd? Where's the Importance of it; unlels he means, that it was the very Nick of
Time for him to embroyl the Nation : And for the Interefled Perfons, who (he fays) may
Calumniate it ^ they are only the King and His Miniflers, who are all of them the liibjedl
of his Sceptical and APalevolent Satyre. Of his Intent, wc lhall Ipeak hereafccr.
This is not the firfl: time that we have heard of IVords fmccther than Oyl, which yet are
very Swords. ■ It is the very Stile that brought the Late King to the Block -, and the Sa-
viour of the World was betray'd by a Hail AFafler, and a Kifs. It is the very Crown of
the Paralel betwixt 77, and 41. Now to proceed: What was the Old Remonf rance, but
aSpItefulandlnvidiousMifreprefentationof the State of the Kingdom, under the No-
fion of Declaring Common Grievances ? (For His Alajeflj's Healing Touch too no doubt)
and is not that alfo the very Aim, and Profefiton of thefe two Libefs ? What is the
Publication of This fame Scandalous Lift, but the Old Trick over again, of Pojhng
thofe IMerabers for Staff or dtans,\A\at would not confent to the Death of the Earl ot'Straf-
ford ? And is not their Tampering of thz Grand Junes to Petition for a New Parliament,
the Old Pradice reviv'd of drawing and folliciting Petitions againft Grievances of their
own framing; and menaging Affairs of State by Tumults i Would notour Renut. '
^ ' • *• -W • c 1 .1 _Tr_- 1
of 77i
Heels,
hers, 1
quence, upon this Method.
So ibon as the Remonflrants (thofe Sons of C:am) had Lid open their Faih -As nak'dnefs ,
withaMalicious Aggravation of ail Erroursand Misfortunes, (befde Fahhoods innu-
raerable) to Irritate the Multitude againft their Siiperiours; theirnext Art was to draw
that Party to theralelves, which they had now detached frcin the Government; with an
Oh I That we were made judges in IJracl ! Boalting what wonderful things tlicy had theif
upon the Anvil for the Publick Good ; and not forgetting to arrogate ail thole Aifs to
themfelves, which his Alaflfly had palled ot his proper Grace and Bouncy, Other
(lay they, p. 15.) of main Importance for the Cood if this Kingdom', are ir " '
the Ef-abliflung and Ordering the Kinfs Revenues, that fo the Atmfe of Offce.
ity of Expences may be cut ojf, and the ncceffary Difburflments fur his Ala jefy^s Honour, the
Defence and Covernmcnt of the Kingdom, may be mere ccri-uniy provided for : the Kigula-
ting of Courts of Jujlice, and Abridging both the DeLys and Charges of L-iw-Sisitsf cTc.
See now if our Reformer of 77. does, not fiih with the very fame Bait. The Ihufe of
Commons )rays he, p. 63.) took^ up again fuch Publick. Bills as they had on foot in the
fitting, and others that might either remedy preflnt, or prevent future AFifchief :
for H^eas^Corpt
JTJfT/'UtCUy
' Prcpojitie,
a.nd Superjh:-
The GROW T H
Moi^ without the Con ft rtt of Parliament ; Thut a^ninfi PapiPs ftth?^^ hi cither Huttfe^ cx.
The Libels in fine of 77, are ib exaft a Counterpari: of tlieo'tiiers of 41, that two
Tallies do not ftrike truer: and undoubtedly ibch a Corrclpondcnce in Method, cannot
be without Ibmc Conformity alfb of Delign.
There needs no other Argument to prove the Lmtc Rebellion to haje been originally a
Con (piracy the Government,than the Proportion that appears betwixt the Means,
and the End; and the orderly Connexion of proper Caiiles and Regular EfFeds. For
it was a Perfedt Train of Artifice, Hypocrifie and Impolbire, from one end of it to tiie
other. The Confederacy was form'd in a Qabal of Scotch and Englilh Prcshyteii ins; as
appears not only from their Correipondent PraClices in both Nations; but from his late
Majefties Charge againft the Five Adcmhers; and likewiie from the Care that was ta-
ken upon his Majefties Refiauration to date the Englidi ASl of Fndcnmity from the be^imihio-
of the Scotch Tumults (Jan. i. 1657.) which was three Years before the Meeting of
the Long Parliament in November 164c. The two Minifters that ftood in the Gap be-
twixtthe Conlpiracy, and the Government, (and who were only cut off, as appear'd
by the Sequel, to clear the paifage to the King himfclf) were the Earl of Strafford^ 2nd
yirch-Bijhop Laud: So tiiat their Firf Attaque v/as upon the £<«r/,and their next upon the
Archbipop^imdtx the AA ion of Evil Counfellors ; and upon tJie Common Charge of Popery ^and
Arbitrary Proceedings their Impcachm.Cnts were carried on by Tumults^ and thefe Brave
Men were rather baited to Death by Beafts, than Sentenc'd with any Colour of Law, or
Juftice: And as they liv'd, fotheydyM, theRefolute Allertors of thft Englijh Alonar-
chynnd Religion: The Earl of Strafford in Adey 41 ; But the Archbijhop was kept,Ian-
gnifhing in the Tower^tiW Jan. 44. And their Crime was not in Truth, their being Men
of Arbitrary Principles thcmfclveSs but for being the Oppofers of thole Principles in Others.
Asthc Rcmonfir ants in 41, for want ot Papifiss in PracUcCs and Profcfiions direTcd
their Spleen agalnft the Kings Minifierss only as Perfbns Popijhty ajfcSieds (which in time
came tobemoft Injurioufly apply'd to hisMajefty, and his whole Party) Juftibdocs
our Libeller in 1677. Were thefe Confpirators (fdi^sht) but avow''d Vspifhs^ they were the
more Honefis the lefs dlan^erouss and thetr Religion were Anfwerable for the Errours they m 'ght
commit in Order to promote it: But thefe are Aden f fays he, jn the next pag.) Obliged by
alltlse mofi Sacred Ties of Aialice and Ambitions to advance the ruine of the King and King-
dom -s and qualify''d much better than OtherSs under the Name of Good Proteftants, to ejfcii
it. As jvno fliauld lay; Popery is to be brought in by fame that pafs for Good Proteftants.
( As Rebellion and Tyranny were brought in by the RemonfirantSs under the Profefllon of
Loyalty 2vA Duty to their Country.) A very Compendious way of making every xMan,
that will not be a Traytorsd Paptfi. For who can fay what any Man is, or what he is
not, in his Heart ?
From hfsMajefty's Yielding in the Bufmefs of the Earl of Strafords thcFaftion took
their Meafures how to deal with him in Other Cafes ^ and never left, till by gradual En-
croachments, ^nd Approaches, they firftftripthim of \\\s Friends s Secondly, of his
al Authority •, Thirdly, of his Revenue •, and Laftly, of his Life. Whereas, had but this
Pious and Unfortunate King follow'd the Advice of his Royal Father to Prince Henrys he
might upon cheaper Terms have prefervM himfelf, and his Three Kingdoms. Take hced.f
(lays King James') to fuch Puritans ^ very Pefis in the Churchs and Common-vteals whom no
Deferts can Oblige •, neither Oathss or Promifts Bind. Breathing nothing but Seditions and
CalumnieSs and making their own Imaginations (without any warrant of the Word J the fquare
of their Confcience. I protefl before the Great Gods / am here as upon my Tefhamenty
It is no place for me to ly in) that ye fball never find with any Highlands or Border-Thieves,
creator Jncratitudos and more LyeSs and vile Perjuries than with thefe Phanatick Spirits,
his Works, p. 305, and 160.
Upon the Ripping up ofPublick^Grievancess it was but matter of Courfe to follow
their Complaints with Petitions for Redrefs's and the Good King, on the other hand, to
heap Coals of pre upon their Fie ads s deny'd them nothing: But//;e Tpo that his
Majefty pafs'd were Fatal to liim : That for the Attainder of the Earl of Straford^ and
tiie other for the Continuance of the Parliament. They complain'd of the Star-Chamber ;
F/ich Commijfion Court y Ship-Moneys y Forrcfi-I.aws; Stannary'Courts ; TonnagCy and
Poundages &c. and had every Point for titt Asking: Nay and as an inftance of his good
Faith and Meaning,his Majefty took Ibme of tlicir Principals even into his very Council.
But lb foon as he had parted with fo much,'as almoft put it into their Power to take the
Reft, they began then to think of fetting up for rhemftlves ( fee his Majefties
c
Of tv N A F t K r. c;
tion of Aiigitjt 12. 1642. ) and nothmg bat a tboroagh Reformation they faid woald ever do the
Worki Now Ice the Gradation. Firft, The People inuft be Alarm'd with the Noife of
Tyranr^., and Popery •, and the Evil Counfellors mult be Retnov'd that are 5^/W,not Prov'^d^
to hand that was inclin'd. His Majefiy mafl be hambly Petitioned by Both Hoafes to Emfloy
fach Counfellors.^ Anibajfadoars., and other Minifiers^ in managing his Bafnefs at Home., and
Hbroad^as the Parliament may have Caafe to confide in.fd'C. Nay, It may often fall out., they
lay, that the Commons ?nay have jufi Cattfe to take Exceptions at fame Men for being Counfel-
lors., and yet not charge thofe Men with Crimes ; for there be grounds of Diffdence., which lie
not in Proof-, there are Others which though they may be pro-wd yet arc not legally Criminal;
to be a Known Eavourer of Papifts, or ro have been very Forward in defending or Cou-ntcnanc-
i-ng fojnegreat Offenders cjuefitioned in Parliament, C"c. So that at firit Dafli all the King's
officers are but Tenants at the Will of the FaiHon. The next Step is. To fill the Places
of thofe whom they call; out, with Miuifiers, and of their OwnChufing-, as well
Privy Counfellors, zs Judges. As in the 19 Proportions O^Jan. 2. 42. Wherein they de-
mand, The Tranjlation of the Power of Chufing Great Officers, and Miniflers of State, from the
King to the Two Houfes. Secondly, ^4// matters of Sate in the Interval of Parliaments to be
debated, and concluded by a Council Jo chofen, and in Number not above 25, nor under 1 5 ; and
no Puhlick^Acl efieern'd of any validity, as proceeding from the Royal Authority, vnlefs it be
Aonc by the Advice and Con font of the Major Part of that Covndl; attcfled under their Hands,
and thefe alfo fworn to the Sence of Both Houfes. Thirdly The Lords, and Commons mufibe
intrujled wish the Mihtiz. Fourthly, His Majefiy may appoint, but the Two Houfes, or the
Council (in fuch manner as afore-faid) mujl approve of all Governours of Forts and Caflles.
Laflly, No Peers hereafter made, muji ft, or vote in Parliament, unlefs admitted thereunto by
the Confent of Both Boufes.
By this time the Plot is Ripe for a Rebellion-, they Levy War, Impofe Oaths, Seize the
Revenues of the Church and Crown -, Kill, Plunder, and Emprifon, their Fellow-Subjelis ;
Dtpofeznd. Alurtherlhew SGvereign,zr{(\ex: a Fonnot Publickffufiice -, by thefe Means ad-
vancmgthcmfelvs into That ^irl'/fr^rj/'oTPe'r which they pretended to Fear ^ Over-Tur-
ning the Government, under the Colour of a Zeal to Support it: and inftead of Setting us
Right in our Religious znd Civil Liberties, they left us neither Chmch r\or Law, nor Kino,
nor Parliament, nor Properties, nor Freedorks. Behold the Blefied reformation -, and Re-
member that the Outcries againfl lyranny, Popc-ry,znd Evil Counfellors, were the Founda-
tion of it. What was their Covenant, but a Blind to their Defigns ? A Popular Sacrament
of Religious Difobedience ; and only a Mark ofDifcrimination who wereagainil the King,
and who for him ? Nay, in the very Contemplation of their Purpofe, they knew before-
hand, That there was no. gaining of their Point, but by Rapine, Sacrilege, Perjury, Treafon,
and Bloud
After thefe Notorious Violations of Faith, Honour, Humanity,zzd Religion -, to the
Common deftruftion oi Prince, Government, and Peog/f, and All upon the fame Bottom
with our Late Libels •, what can this Vnderminer of Parliamenns, What can our Geneva-
Faux find to fay for himfelf ? Is not Mercury as good Poyfon in 77, as it was in 41 ? Do
we not flriks Fire the fame way Now, that we did7"/x» ? And may not a Sg^rl^in the
Gun-Room do as much Mifchief Zifow Tear, as it did Thirty, or Forty Tears ago ? Are not the
People as much 1 inder now as they were Formerly ? and as apt to take IlMmprefiions?
What if the fame Method fhould work the fame Confufion over again ? or in Truth,-
what is there elfe to be expected ? For the fame Caufe acting at Liberty, mufi ete-rnally pro-
duce the fame Effift. There's no Cnance-medley, or Alifadventure m the but the
Thing is manifeftly done with Prepenfe Malice znd on Jet Purpofe to embroyl the State :
As upon Examination of the Matter will undeniably appear.
You cannot but take Notice, That the Author of The Growth of Pope-ry, does upon
the Main, principally labour thefe Two things. Firft, To infinuate that the King is in
iomcCuiesAccomptable to hisVeople. (ofwhich hereafter) And Secondly, To provoke
the People, by fuggefting that their'Sc«/j, and their A/l'frricj are at flake, tomakeufe
of that Voiver. From the former Propofition he palfes into a Florid and Elaborate De-
clamation againg Vopery -, and when he has wrought up the Figure to a height, to make
it Terrible and Odious, his next Biifinefs is to tell the People, That this Gobling is
coming in among them, and to polfcfs the Multitude with the Apprehenllon ofa Form'd
Conlpiracy againfl our Religion and Goven.ment; And this too, under the Countenance
oh zn Hiforical Deduflion of Affairs-, but with the Faith ot zjefuitical Legend-, wherein
all the Kings Minifiers are in General Terms branded for Conjpirators.
His Hand being now in, he is relblv'd to go thorough-flitch, and nothing Icapcs him
that falls in his way t He makes the Heufe of Lo-rds (^. 72.) %ohe Felon of it felf-, and
G (p. 82.)
V,
»■
6
(p. 82.) No» Compos Arraigning their Proceedings in feveral Cafes with Boldneft and
Contempt. But he makes a great de^l bolder yet with the Hoafe cf Commons ^ he divides
them into 7 h, ee Parts. Jt is too notorious to be conceaPd (fays he, p. 75.) that near a Third
part of the Iloufe, have Beneficial Ojficcs under his Majc ft-y in the Privy CohkciI, the adrn^'^
the Navy J the Lavo^ the Houfiioldy the Revenue both in Engl and,Ireland, or in a4tte)!dance
upon his Afajefties per/on. Upon this Exception, he expounds himfelf, that Tis to be fea-Ady
their Gratitude to their Mafiery with their own Intereffi may tempt them beyond their ObUgaticn
to the Publick. What can be more Audacious than this Charge ujX)n/Cw^, Lordsy and
Commonsy in the Face of a Sitting Parliament f He lays that It is too Notorious to be conceaPd
&c. And whereas the Crime, or the Shame, I befeech you, for an Officer of the Kings,
to be ^Member of the Houfe of Commons ? As ifhe that has an Office, and he that has
none, nad not Both of them the fame Mailer; or that a Man might not as well be a Knave
without an Ofhcc, as with it. This was the Complaint alfo of 41, againfl Officers, till
the Complainants had gotten thofe Offices themfelves, and then all was quiet. This is
only a flyer way of declaring the King's Servants Enemies to the Kingdom, and Ereti-
ingan Oppofition betwixt the Common and Infeparable Interefls of his Majefty, and his
Subjeds. Befide that, the fame Reafon would reach to the Excluding of the King's Ser-
vants from any other Trufi: in the Government,as well as from That of a Member in the
Houfe of Commons; and his Majellies Favour Ihould at tltat rate Incapacitate any Man
for Publick Bufinefs. If the Libeller had open'd his mouth a little Wider, he would
have told us in Plain Englifihy that there are three, or four of Oliver''s Old Servants out of
Office, and that the King is flrangely over-feen to bellow his Boons upon a Company of
Fellows that neyer had any hand in the bringing of him to the Crown, by the Murther of
his Father, as they did. But yet he is content upon fome Terms, that they may be admit-
ted, provided that they do not croud into the Houfe in numbers beyond APodefiy.fY'^g.yy.') which
may feem to be fome amends for the Rafcalls he made of them the \ery Page before.
Suppofe (lays he) that the concerning this Prorogation, were by the Cufi-om of Par-
Laments to be jufi-ify''d, (which hath not been done hitherto) yet who that aefircs to maintain the
Reputation of an Honcf Many would not have laid hold upon fo plaufible an Occafiony to breaks
Companyy when it was grown fo fcandalous ? And thenj he afligns the matter of ScandaL
For it is too notorious (fays he) to be conceaPdy that near a 1 hird Part of the Houfe have Bene-
ficial Offices under his Majejbyy &c. Here's a great deal of Bufinefs done in one Period.
Firll, He pronounces this Parliament void, and confequently all their Proceedings to be
Nullities. Secondly \ He will not allow any Man to be Honefl, that right or wrong
would not improve tlie Opportunity of Breaking This Parliament. Thirdly, He makes
the Houfe of Commons to be fcandalous Company yOnd fcandalous for having Beneficial Offices un-
der his Majefiy. The firll time that ever I'heard the King's Bounty was a Scandal to any
Man. But to my Point.
Hndyet (fays he, p. 77.) Thefe Gentleman being fully and already in Employrnenty are more
good NatU'Pdy and lefs dangerous to the Publicity than , thofe that are Hungryy and out of Office,
'^who may by probable Computation make another Third Part of this Houfe of Commons.
And a while after, allofthemyhe Pzjs to be bought, and fold. And then he goes
on ; (p. 78.) There is a Third Part ftill remaining, but as contrary in themfelves, as Light
and Darkpefs. Thefe are either the kVorfi, or the Befi of Men ■, The firfi are mofb profligate
PerfonSy&c. Concluding (p. 79.) That it is lefs difficult to conceive how Fire was firfl brought
to Light in the World, than how airy thing Good could ever be produc''d out of a Houfe of Com-
mons fo-Consiituted. And (p. 149.) lie calls them this Houfe, or B AR N of Commons ;
treating the Members accordingly. They li.<l themfelves (fkys he) into fome Court Faliion,
and it ts as well known among them to what Lord each of them retain, as when formerly they wore
Coats and Badges-
And he has not done with them yet neither •, for nothing will do his Jobb, but a Final
Diflolution; Confidering (fays he, pag. 81.) how doubtful a Foot this long Parliament now
flood upon by this lon^ Prorogation there could not have been a more L,cgal, or however, no more
Wife, <?ff<7Honell a thin^ ^done, than for Both the Lords and Commons to have Separated
Themfelves, &c. I could wiih that he had not appeal'd from the Legality of the thing,
to the Wtfdom, and Honefly of it; But Iwever Legal, or not Legal, the thing is to be
done: For he knows very well that fb long as this Houfe ot Commons continues in Be-
ing, Rebellion can never turn up Trump again. But it was otherwife crdeAd, he fays, and
fo he betakes himfelf to an Experiment of Tampering, all the Grand Juries in England, to
Petition for a New Parliament, upon the Credit of his Story concerning the Corruptions
of this. Wherein by the Foul RefleClions he has paft upon many Pcrfous of Known, and
Eminent
Of K N A V E K r. 7
Eminent Example, for Piety, Integrity,and Moderation, he has utterly difappointed the
Malice of his Scandal upon the Fcelt It was well enough laid, methought, by a Worthy
Memlef of the Houfe of Commons. ; Do not yon fee- fays he,hoiv they have LibeWd me in that
damrPd Ltft of the Parltament-man ? One told him that he was miilaken, for his name was
not in't. ' Why, that''s the Bnfnefs, fays he, for "'tis only a Libel upon thofe that are left cut.
Nay, rather then fail, he does as good as Advife a downright Infurreftion, (inthele
Words, p. 155-)^^ " fourth (fays he) and the next Scene that opens may
be Rome,or Pans,(by the Piot,itfhouldbc rather aeneva,or Edmburghfyet Men ft hf,libe
Idle SpeLi.'.tors, and fvillgive mony toward their own Tragedy. And why does he blame them
hov Steting by ? Idle S E E CT JT 0 R S ? unlefs he would have them enter in-
to Tumult, and ylblton, A very fair Encouragement to make Men beftir themfelves, and
without more Ceremony, lay violent Hands upon the Publick. Good God / That ever
fuch a Creature as this Ihould propound to himfelf by the Dalh of a Pen, to move the
Foundations of the Englijh Government.
From the Parliament, he defcends to the Judges. u4las J (fays he) the Wifdom and Pro-
hity of the Law went off, for the moft Part, with Good sir Mathew Hales, and Juftice is made
ameer Property. And then he raves upon The Conjlant Prregularittes, andInjufiicefrom
Tcrm to Term, of thofe that adminifier the Judicature betwixt his MajeHy, ai'-d his People (p.
1 54J This Poyfonous Arrow (meaning the Choice of the Judges) Srnkes to the very Heart
of Government, and could come from 'no Quiver, but that of the Confpirators. \ What French
Council, what Standing Forces, Parliamentary Bribes, ttW National Oaths, attd all
the other Machinations of Wicked Aden have not yet been able to cffeSt, may be more compendi-
oufy AEted by Twelve judges in Sca-rlct (p. 66.) And is not this diredly 41 again ? Wheil
no Judges would ferve the Turn, but thofe that_betray'd the People to Slavery, and HU
Sacrcd'ATajefty to the Scaffold ? He has another tJirig at the Sheriffs. Jfa-ny Wcrthy Per-
fon (lays he, p. 80.) chance to car-ry the EUEHon, fime Mercena-ry or Corrupt Sheriff makes a
double Return ■, and lb the Caufe is handed to the Committee ofEleTions, -Q-c. And
'truly he does not give either the Ki-ng, or the ALo-nar-chy of E-ngiand, much better Qiiarter
than he allov/s the reft as you fhall lee; by and by: So that nothing leis than the Thorough
Reformation of 41 will do the Work of 77,, And. the whole Frame of the Government
muft Ije unhing'd, to gratify the Caprice of a Pragmatical Mal-ccntcnt.
The Paffion, and Adalice of the Libeller is fo evident, that he does half confefs it him-
{el{,hY an Anticipation of the Cha-rge. The .Rfator^ (fays,he,'pag. for efees that he
fhall on both hands be blam'd for prnfurng this Method. Some on the G.ne fde will expeEl that
the very Perfons fhould have been NanPd: whereas he only gives Evidence to the FaEt, wnd
leaves the AdalefaElors to thofe that have Power of E'ncjUtry. If he can but acquit llimlelf on
the Other hand ^earWriti-ngthe Libel, as welfason 'Tff\s for not Hami-ng the Perfons,he
will do well enough. Forfrft ; It is no]jihi> Builnefs to Prove, but to Defame. Second-
(y, The Naming of Particulars xionidi have reftrein'd the Calumny ; whereas his work
is to wound All the Kings Mvnifters that Faithfully adhere to their Mafter in the Genera-
lity of the Scandal. Thirdly ; He judges it fufer, and more expedient to amule the Mul-
titude with Jealoufics that cannot be Difprov'd, than point-blank to faften upon Parti-
culars an Accufation that cannot be What does he mean by faying that
Evidence to Fall: ? It is the firft Libel certainly that ever was given in Evidence. ' But
Where's the Relator himfelf all this while, upon whole bare word. Parliaments arc to be-
DiUblv^d; Minifters of State Arraign'd ^ judges Difplac'd; and the whole Govcrn(?
merit new Modell'd ? What if he Ihould appear, and be found at laft to have been one
of Olivers Cabal I Would any Man delirea more Competent Witnefs for CW/er the
Second, than the of Cha-rles the Erfi f But he has been fb us'd to call the King
himfelf Traytor, that he m.ay be allow'd to call his Frie-nds Confpiratcrs.
On the other hand (fays he pag. 155.) feme will reprefent this Difcowrfe (as they do aU
Books that tend to ditebt their Confpiracy againB his Majefly, and Kingdom) as if It too
■were written agai-nlk the Government. For 'now of late, as foon as any Alan is gotten into Pub-
lick^Employment by ill AEis, and by worfe co'ntinues it; he, if it pleafe the Fates, is thencefor-
ward the Government, and by herng Criminal, pretends to be Sacred. This is only crying
Whore firft, to call thofe People Conspiratcrs, who are likely to cenfure him for a Libel-
ler: which with his Learned Leave, is but a Courfe Figure neither ; and runs much bet-
ter in the Common Billinf^ate of Tou are a Knave your felf to fay that J am cne : Which in
few words is all that's in't. For he does not ofter fo much as one Syllable in his Juftifi-
cation, but with another Lalli or two at the King's Minifters, winds up his Period. Now
of late, fays, he, (he means I fuppofe, lince Oliver went out of Play) as foon as any Alan
is got into Publick^Employmcnt by til Alls, &e. Fie Ihould do well to confidcr wltoGo-
vcrn'4
s
The G K 0 IV I H
verns, before he fays that Villany is the ready way to Preferment; -He if it flcafc the
fates^ is tbericcfcrward the Government^ eind by bein^ Q vninaf prcte-nds to be Sacred. I anf-
wer That in the Cafe of a Piiblick,and Legal Acciifaticn^thc Minifter is not the Govern-
ment.; for the Charge terminates in, and operates no tnrthcr than his Perlbn ; but in the
Affront ofaNamelefs, and Indefinite Libel, the King himfelf is wounded in a General
Reflcftion upon his Minifters; for it is his Choice, and Commiflion, not the Officers
Miidemeanour, that is there in Qiieftion : Nor does he pretend to be beeaufe he
is Criminal; but the Libeller (who ftill writes after the RemonTbramc') makes every thing
Criminal that is Sacred., and gives the Conflrudion Rebellion to Loyalty., and o\ Loyal-
ty to Rebellion.
But if there be not Mifchief in the very Project of this Libel, there's nothing at all in't;
for I cannot frame to my ielf the leafl Colour or Pollibility of any other End. He fays.
It was his Defia^n indeed to give Information, bm not to turn Informer. That is to fay. He
would fet the People together by the Ears, and no body fhould know who did it. Now
fee the End he propounds. That thofe (fays the Relator) to whom he as only a Vublick^En-
mity, no Vrivate ainimofity., might have the Vriviledge of States-men to Repent at the lafi hour.,
ana by one (ingle udSrion to e.vpiate all their former mifdemeanours. Which is e'en as Civil a
way as a body would willi, of Recommending a Publick Minifler to his lafl Prayer. It
remains now to fpeak a word to the Timing ofhis Enterprize, which, in a wicked Sence,
is in Truth the Glory of it.
I fhall not need to fpeculate upon the Power, and Defigns of the deplorable
State of Flanders., or the Confequences that mull inevitably refied upon England in the
Lofs of the Spanijh Neithirlands: the matter being agreed upon at all hands,mat an Uni-
on of Affedions, Counfels,and Interefls, was never more necefiary to this Nation than at
this Inflant it is; and that Delay is Dfath to us.This being given for granted,it is Jikewife
as certain, that nothing under Heaven, but theCrcditof this Sitting Parliament, and
the BleHing of a Fair Uunderftanding betwixt his Majefly, and his T wo Houfes can pre-
ferve this Kingdom, (Morally f|x:aking) from Irreparable Ruine. And yet this is the
Critical Jundurethat the Libeller has made chmce of, for the blafling both of the Go-
vermnent, and the Adminiflration of it; for the Violent Diflblution even of this mod
necefiary Parliamentfor the fowing of Jealoufies, and alienating the Peoples Hearts
from their Duty to their Sovereign. Let the World now judge betwixt the Libeller., and
the pretended ; who are more )ytQ>hQ!o\'^ thcVe-nfioners of France thofe
that are only Calumniated in the Dark, and without any Vroof, or the leafl Colour of it,
or the Calumniators Phemfelves., (I mean, the Libeller mdhls Adherents) who are doing
all that is poffible toward the Facilitating of the "Work of France, and the Putting of
England out of Condition to defend it felf. What is it, I befeech you, that can now fup-
port us in this Exigent, but the Wifdom, and Reputation of a Parliament ? which they
are at this very Inflant,labouring to defame and difiblve: Diflrading and Dividing the
Nation, at a Time when our bed Union is little enough to preferve us •, and obdruding
thofe Parliamentary fupplys, without which we mud unavoidably perifh : For it is to this
Seffion,that Libeller direds the ALochj^f Still giving Money toward their own Tragedy.
But fure we are not fb mad yet, as to take the Subverters of our Church and State, for the
Advocates of our Religion and Freedom. I would know in the next place. What any
Man can fay to excufe his Growth of Popery, from being a Daring, and a Spightful Libel
againd the King, and his Government. And I fhall begin with the Liberties he takes
with his Majedy, fometime in dired Terms, and otherwhile under the Blind of the
Confpirators.
Speaking of the Shutting up of the Exchequer (pag. 31.) The Crown (fays he) made
Vriz.e of the SubjeSl, and broke all Faith, and ContraTt at Home, in order to the breaking ef
them Abroad with more Advantage. The Copy has in This Point outdone the Original;
for the Remcnfirants were in Arms, before they prefura'd to word it at this Audacious
height. Take it in the Infolent Reprefentation of the Fadthe Malicious Conllrudion
and Prefuniption of the Inteut} and to Both thefe, add the Sordid Manner of Relied-
ing upon an Extraordinary thing done upon an Extraordinary Occallon, and wherein the,
Subjed has fince receiv'd fo Ample, and Generous Satisfadion •, the Clamour is fo foul,
as if an tAgyptian Plague were broken in upon us, and the Frogs of Geneva crept into ihe
King^s Chambers. And 'tis much at the fame Rate that he treats the King about his De-
claration of Indulgence, (pag. 33.) Hereby (fays he,) all the Penal Laws againli Papills,
for which former Parliaments had given fo many Supplyes, and againB Non-coilformifls,
for which this Parliament had pay^d more largely, were at one Insiant fufpended, in order t<r
defrastd the Nation of all that Religion, which they had fo dearly pHrch.tfed,&c. Obierve
here
Of K N A V E R r.
9
here how ungratefully he charges the Dcfi^n of this Declaration to be The defrauding the Nation-of
their Religion; which, on the contrary,was a Manifeft Conceffion, only to gratine the reftiefs Ini-
portunities of his own Gang. And lee what Sport he makes, but five or fix Lines further, with
the very Reafbn of that Law which he takes here fo hainoufly to be fufpended. It appears^fzys he)
at the frfi Sight^ that Men ought to enjoy the fame Propriety^ and Protection in their Conlciences,
■which they have in their Liberties, Eftates : But that to take away thefe in Venalty for
the othety is meerly a more Legal^ and Gentile way of Padding upon the Road of Heaven ; and that it
t6 onely for want of Money, and for want o/Religion, that men take thefe defperate courfes. Now,
by his Favour, there is a great Difparity betwixt a Pretence to Propriety^ and Protection in Con-
fciences^ and a Pretence to them, \n Lives^ Liberties^ znd Efiates ■, ^or the Latter are liable to
Violence^ and may be takfn away^ but the Other cannot. And now he talks of Padding upon this
Road the Remonflrants ( as I remember ) were very good at it, that drove away from their
Churches.^ 85. Alintfters of 97. within the WaHs 0/London. We'll agree in the Matter with him,
Thzt want of Aloney., and want of Religion will put Men upon defperate Courfes ; for my Charity
perfwadesme, he would never have written thefe Libels elfe. He is a little pofitive, methinks, in
Averring tliat a Great Lord loll his Place for defending the Proteftam Religion 44.) But he
has forgotten the Statute of his own Citing (pag. 15.) that makes it Incapacity., for laying That
the King is a Papifi., or an Introducer of Popery., and that it was the King himfelf that remov'd his
Lordlhip. And what do you think of his Irony., (pag. 43.) where he fays,that The Parliament,^4»
the Conlpirators^coii Leave-ywoi admitted to fit again at the day appoint edlYle tells us of another Af-
fair too, pag. 51 •, which being tranfmitted to his Majefiy was eafily chang'd into a Court intrigue; And
(pag.63.) That the Conjpiratours might fo reprefent things to his Majefty., as to ince-nfe him agamjt
the Parliament., and diflrufling all Parliamentary Hdvice., to take Counfel from Themfelves,'/row
Franco, and from NecelTity.
In this Difloyal and Irreverent Licence)ie drops you a word or two now and then, before he
is aware, againft the King himfelf-., and other whiles, Difcharges his Malice to the Government.,
wyiozthcYiczd&ohPuhlicfMinifiers. ThcSubjedt Matter of his Complaint is a Tendency of
Counfels, and Adions towards Tyranny., and Popery. But the King(Jzys h&fpzg.y..(can do no wro-ng^
and lb goes on, nor can he receive wrong. What is this,but a Jullincation of all the Violences that
were aded uix)n the late King-, even to the very Murdier of him; under that Mortal, and Trea-
Jbnous Diltindion betwixt his HV Tid'O R ITT, and his P Ti? S O AT.? And an Allowance,
. that the lame Courle may be taken with his Royal Succeflbrs ; The King can receive no wrong -
(he fays) What does he mean by this ? Is not his Majefties Breath in his Nofbrils ? Is he not
Flelh and Bloud} Is not his Body lyable to Wounds, Diftempers, Emprilbnment, and Death ?
He'll tell you, Tes-, but This is not the KING, but the Man, the PERSON: But the
K"ING, all this while, that is to lay, the jiuthonty, is Sacred, and Invulnerable.
Now for Peace, and Brevity fake, let us fuppole that this Charge of a Popi(h,znd Hrbitra-ry
Defign, does neither Intend nor Relied any Imputation upon his Majglly ; (his Religion, an'd
his Tendernefs of Nature being llnqueflionablc)It is yet a worfe Libel another way.WoxPt(l fay)
both as to the Drift, and to the Scandal of it, by how much Contempt is more dangerous to a
Prince, than Hatred: For he employs his Utmoft Skill to reprefent nis Majefty only Pajfive in
all his AdminidrationsyZixd fo to lellcn the Indubitable Fame of his Royal Prudence, and Courage
among his People,
You fee. Sir, the Freedom he takes with the A.''i;zf,and his Minifiers; the next Point wjll be to
enquire how he flands affeded to the Government it {qW. The Subjeds {{zyshc,ipzg. retain
their Proportion in the Legiflature. In which faying,he makes them Partners of the Sovereignty, and
twins the Monarchy oiEnglandintozTripartite and Coordinate G over nme-nt which is as well De-
ftrudive of Parliaments, on the one hand, as of Royalty, on the other. Upon the Admittance
of this Coordination, any Two of the Three may deftroy the Third .* the Two Houfes may deftroy
the King, and the King, with Either of the Hou fes, may deftroy the Other. Which, if it be fb,
what Prince that is Imperial in the Intervals, would ever hazard the Dethroning of himfelf by a
Scjjton ? The making of Laws is a Peciiliar,and Incommunicable Priviledge of the Supreme Power, and
tlie Office of the Two Houfes in this Cafe is only Confultive, or Preparatory, but the Charaden
of Power rcfts in the Final SanChon, which is in the King And Effedually, the Pafling of a Bill,
is but the granting of a Recjueli: The Two Houfes make the Bill, 'tis true, but the King makes the
Law; and 'tis the Stamp, not the Matter, that makes it Current: Nor does the SubjeCl any other-
wife make Laws, than the Petitioner makes Orders of Council.
It is a Suljiicious, and Ill-looking Paffage that he has, Pag. 14. As to matter of Government,
fays he, If to tnurther the King, be (as certainly it isj a FaCl fo horrid, (he does not fay how horrid)
how much more Hainous it it to Alfajfinatc the Kingdom ? Here is Firll; involv'd in this Claufe, the
Po/7rw«of 41, that the King is Singulis major, Vnive-rfs minor'. For it is clear that the
Companfon was only made to draw on the Preference, and to poflcfs the People that they have
a greater Prize at -Stake iu the hazard of their Religion, than in the Tye of their Civil Obedience.
(the very Tranllation ftill of 41.) And for their further Encouragement, he tells them (pag.4.)
tliat We have the fame Right (modelily underBood) in our Propriety, that the Prince hath in his Rega-
lity : which carries with it an Innuendo, that the King may as well Forfeit his Crowtt, as the
SubjeB his Fret-hold. It cannot be imagin'd that all thefe Leading and Defperate Hints fliould
D fall
lo
the G K 0 IV J H
fall from a Man of Brains 'and {enie,by Chancejand you Ice the whole Tradl takes the lame Rials.
Ao A (7/England: lays he, ever fi great a Treaftere of his peoples yeffettiotts^exceft
tthat thofe ill fnen have {as they have aone all the reft) confmi^d; whom^ hm out of an Exccfs of Love
to his Perfon^ the ^ ingdom would never (for it never did formerly') fo long have fuffir'^d. Here's ftill
the Crocodile of 41 •, nothing but Love and Reverence to his late Majelly too, till his Head was
off. But let us Reaibn the Matter in a word. Thefc 111 men have no Names^ it leems •, fo that
any Man that's near the King, is by this Libeller fet up for a Mark to the Outrage of the People.
Aildtkcnhe lays. The Kingdom would never have fufer'^d them. Who are they, I pray, that he
calls the A but the ftill of 41^ the Execrable Inftruments oi'That Rebellion.^ and
the LTpes ofa^nother ? But if the Kingdom would not fuffer it, what would lie have them do to
help themfclves ? The Law is open, in Gale of any Legal Impeacliment, and 'tis too Early
Days yet for a Tumult,
'n his Defcant upon the Teft, he is wonderfully free of his Figures. Never (lays he pag, 59)
was fo much'fence contairPd in fo few words ; no Conveyancer could ever in more Compendious., or kind-
ing Tehms have drawn a DiJJ'etlenient of the whole Birth-right of'E.nglznd. This Teft has made
a'great Noife, and it will be worth the while to examine what is faid againft it. The Form of
it is as follows,
1, A B. do declare that it is not lawful upon any Pretence whatfoever to take up airms againft the
King ; and that I do abhor that Trayterous Poftl ion of taking v4rms by his riHthority., againft his Per-
fan., or againft thofe that^are CommifiorPd by him in Purfuance offuch Commijfion. fdnd I do ftvear that
Twill not at any time Endeavour the alteration of the Government., either in Church cr State. So help
me God4
He lays, pag 57. That it was thrown out of the Houfe in the Plague-year at Oxford, for fear of
a general InfetUon of the Fitals of this Kingdctn ; v/hereas in truth it was,'^ro«^/7f into the Houfe
as an Antidote againft that Poyfon which nad feiz'd the Kitals of this Kingdom already; and a-
mounts to no more than the Vnfweartng of That on the Behalf of the Government, which had
been formerly fworn for the DeftruUion of it. The Author of A Letter from a Perfon of Oua-
lity., &c. calls it, p. 1. A STAT E-M A ST E R-PI EC E., and delign'd to thele Ends.
To-make a. DifinEl Party., from the red of the Nation, of the High Epifcopal Man, and the
Old C^roalier.- Now I took it gather to be a Delign of Uniting All Parties, under one Common
Jlond of Duty; and Obedience to the Government: And where That could not be obtain'd, to
diftinguilh who were for the Government, and who againft it; for the Late King was murther'd
upon this very Diftinction betwixt his Aut'n&rity and his Perfon. Nor is there any Govern-
ment upon the Face of the Earth, without Ibme ObUgation upon the Subjed, Equivalent to tltis
Teft. . ; ,
A f.vf, lays lie, they dtfign io have the Government of the Church fworn to as Unalterable, fa
Tacitely. owrPd to be of Divine Right. This, under favour, is a Fallacy. The Teft does not con-
cern it leif whether the ^.overnment be Changeable, or not, but only provides that the State
may be ferv'd with Magiftrates and Officer^j that ftandwell Aflcded to the Eftablilhment.
Thofe that do lb, will never fcruple the Oath and for thofe that do not, it is the very Intent
of it to diicriminate, and to exclude them:' Afld to encounter the Covenant, by Virtue of which
they diilblv'dthe Late Government, with an Oath never -to endeavour any further Alteration in
This. And certainly, a Man may better fwear the Maintaining of a Government According to
the Law., than the Alteration of it Againfl Law.
Thirdly, lays the Author of the Letter, In Requital to the Crown, they declare the Government
Ablblute, and hxMmzxy, and allow Monarchy, as well as Epifcopacy, to be Jure Divino, and not to
be bounded, or limited by flumane Laws.
Tio^ This TcTl does either Declare, or Pretend xhessGovcrnment to be Abfolute, and Arbitrary,
I cannot imagine: But on the Contrary, every-Man is ty'd by it from Endeavouring to make it
ib, if it be not fo already, in that he,will not at any time endeavour the Altcvdiion of it.
And then in his Explication of the meaning Church, 2ind State'mtheTeB,hy Monarchy, and
Epifcopacy in his Refleflion upon it, he has done us a greater Kindnefs than he was aware of ■, for
he has wliolly Dilappointed the Spight, and the Intent of his next Claule. And (as he goes on)
to fecure all this!, they refolve to take away the Power, and Opportunity of Parliaments, to alter any thing
in Church or State, only leave them as an Inftrument to raife Mony, and to pafs fuch. Laws, as the
Court, and Church fhall have a mind to: The Attempt of any other, how Neceffary focver, muf be m
lefs a Crime than Perjury.
See now whether or no this be fair dealing. It is, by his own Confelllon, the Form of Mon-
archy, and the Order of Epifcopacy, the Government it felf, and not the AdmimiTration of it, that is
here in ()iieftion. He would have itbeliev'd, That by this Teft, Parliaments are barr'd upon
Pain of Per jury ^xQiYi Attempting wy Alteration IN Church or State: whereas they are left at Li-
berty to debate what Alterations they' pi cafe in the Parts of the Government providccl, they do
not ilrike at the Root of the Government it felf. And the Deliberation and Refult of the whole
Matter, is no more than This. Many of the People (and all the Principles) are yet Living,
that dcftroy'd the King, and the Bilhops in the laft Rebellion^ Let us have a Care of the fame
Flands again, and truft none of them in the Government but under an jOatli, not to endeavour
Of li N A V E K. r.
the yllteration of it. That is to fay, of the Aiomrchy into a Republi^ne or of EpifcopAcy into Pref-
^ as they did before. And this was the Clear Scope of the Teft.
The Author of the Growth of Popery^ diicourfing upon this Subjcd; ^ There iimthwg (lays he,
p. 57.) more Portentom and of worfe Omcn^ than when fnchanOath hangs over a Nation like a New
Cornet^ foreboding the ^iteration of Religion or Governments
A word firft to the Oath^ which, for want of an Epithete to exprefs the hainousnefs of it; the
, Libeller lb Emphatically calls SVC H an Oath. It is an Oath founded upon the lame Conlidera-
tion with die Oath of Allegience^ and direfted td the fame End •, and every jot as Nccellary un-
der This King,as That was under his Grand-Father. The Jefuited Papifis had invited the Spani-
ard to \mzde England: The Jefitited Protefiants in the late Rebellion, aid, in like manner, ap- .
plythemidvestotheErf«c/?. The Former laid a Plot for the Blowing up of the
The Other executed the Plot of Deftroying Parliaments^ Changing the Government^ and murther-
ing the King. The People were milled in the One Cale, upon the Jefaitical Principle that a
Prince being Excommunicate by the Pope^ the Subject is difcharg'd of his Duty to himand they
were leduc'd in the Other., by a Perfuafion that the Sacred Charader of a King rells in the
thortty., and is feparable from the Perfon ^ which Aiithortiy they lodg'd in the TwoHoafes., and lb
did their BulineiL This Pradice of the Jefmts occalion'd the Oath of Allegience in the Statute
30 Jacobi., intitlcd An Ablftr the Difcovering., andReprejfing of Popilh Recufants. In which Oath
you have this claule. And I do farther fwcar that 1 do from my Heart detefl and abjure, as Impiom
and Heretical, this damnable Dobtrine, and Pofttion, 7 hat Princes which be Excommunicated, or Depri-
vcd by the Pope, may be Depofed, or ALurther^d by their Suhjebts, err any other whatfoever. Here
was anfor the Dif over ing and Reprejfing oi Popipi Recufants, with an Oath, under a Penalty,
and a Declaration againft, and an Abhorrtnce of that impious Polition, whereupon the Trealbns of
thole Times were'founded: And why not a Provilion as well againft thofe People that with pre-
meditated Malice, as well as Ambition, over-turn'd the Late Government ^ and againft That
Principle, of Dividing his Majefties from his Ptryiiw, which was the Countenanf e and
Support of the late Rebellion ? Take it in lliort, and the Teft is but a Supplement to the Oath of
AUegtance. The Scottish Fadion ImposM upon the People that they might be true to the King,
though they Levy'd Arms againft his Perfon: and the end of this Oath is only to expound That
Pofttion to be Treafonous, and to Secure the Government for tire Future againft Men of luch Princi-
pies : According to Equity and Confcience, and to the Common Pradice,^and according to the
Prudence of all well Order'd States. " -
Is this the Oath now that he calls S V C H an Oath ? The Oath, than which there is nothing
more Portentous, and of worfe Omen to a Nation ? He has forgotten the Fore-boding, and Portentom
Omens of Forty One, and the Dire Events of thofe Prefages What do you think of a deliberate De-
iign, to {poll the Crown, the Church, and the Subjebt: And all thisin the Name of forthe
Honour of the King, and the Good of the People ? And then the Entitling of Providence to all
the Advantages that the Fadion got by the Ruine of 7hree Kingdoms ? Here's the unrepented
Guilt of Sacrtled<re, Treajon, and Blcud, to the -Higheft Degree, and lb Tranlcendent an Ingrati-
tudc,thzt Ibme of the very Men that were Pardon'd for One Rebellion,are now the Advocates for
Another. If thelc Pradifes Ihould be fulFer'd, there would be no need to confult the Stars for a
Prognoftick of Change of Government.
The Oaths (fays he, pag. 58.) m our Late King's time taught the Phanaticks, becaufe they could
not fwear,yet to Covenant. His Memory fails him, I perceive, for the Covenant was a Foot in Scot-
land before any Oaths coraplain'd of here •, by the T oken that the Alfembly at Glajgow, in 16 3?,
came to this Refolution upon the Point. It is lawful for Subjelts to Covenant and Combine, without
the King, and enter into a Bond of mutual Defence againft him. Take notice next that the Oath
commplain'd of, was the Oath ex Ojftcio, which Oath was Abolilh'd, before any Covenanting in
England: And he is lb much out again, in faying that the Phanaticks Covenanted, '&c. becaufs
they could not fwear, that in Trxith, they Covenanted becaufe they car'^d not Ythat they fwore. Wit-
nels their Covenants, Negative Oaths, and Oath of Abjuration, in Oppolition to their Oaths of A/-
legiance, and Canonical Obedience : There was 110 Compounding,'no Living in their Quarters, with-
out Swearing. There was an Oatjo, given at a Communion at Fife, obliging People not to take
the King's Covenant •, And it was one Condition upon the Treaty at the Ifie of Wight, that his Majefty
himfclf jhould give A fturance by Solemn Oath under his Hand, and Seal, for fettling PAigion accord-
ing to the Covenant. So that they made no Confcience (you lee) either o{Swearing, or Forfwcar-
ing', tith^y ohtakingOath^Themfelvcs,OX o{ Forcing them upon Others for the Advancement of
their Defign.
He takes exception (pag. 59.) to the Two Declaratory Points of the Teft. Firft That it is not
lawful upon any Pretence whatfoever, to take up Arms againjt the King. And he reafons the Matter in
thele Words: It were difficult to inftance a Law, either in This, or Other Country, but that a Private
Alan, if any King in Chriftendom Affiault him, may, having Retreated to the Wall, jiandupon his Guard.
That is to fay, A Private Man may kill his Prince in his own Defence. For he puts this Gale in
Oppolition to the Declaration Only tranflating the Taking up of Arms againfl the King, into a
Man's Standing upon his Guard. All that's Floneft, in't IsTSs, That he refufos to declare That
to be VnlawfuL which he holds to be Lawful..
U z ' His ,
The 0 R G W J H
Kis fccond-cniplc is, 'fkc Abharrencc if ihut Traitereas Pfiiii" nf taking Anns bj bu Authority, againf huVcx-
fon ; i,r aghifl ibDjc that arc L o'swriiffiortcfX by ki.Ti, in purjuancc of yitch ^ omraifliun. I/ere n either Ic
ttitiT, or J{u]e ofany fucb. CommiiTion fpecify'd, nor the J^aliftcation of thii[e micb fhall be Armed vciih fuch Cominii-
hi.'ns, cxprcfed, or limited.
i he Author of this Frtvblous Sl.ift, knows vc- y well, that the and Meafiires of CommiJJions vory accor-
ding to the itcmniiwctsof Time, Plice, Fa3> Perjon ; that the .^uaiificati'.n ot the Cumiiiijjioner doca'not at all
operate upon the ^Auibority of tkcC mtr.ijjion: and that if the Bill were drawn tut to the length of tie So\ of
Martyrs, there would not yet be room enough to obviate all Cavils, and Objedtions. But in the next Page, he'ipeaks
his Mind a little plainer.
As to she < oniminion, ('ays he) fit be to take anayiaMan's Efatc, cr his ife, by Force, yet is is the Ej'ig's Com'
mijjim: Or if the Terfars Comtr.iffionated he under never fa many Difabilities by AHs of Parliament ■, yet h;e taking
thsiOaih, rc. vvcs all thole Incapacities, or hu Co . miffionmakes it not dijpuiabie.
This Seditious Hint, (tor J c.annot call it an Argiuncnr J lyes open fo many ways, that 1 am only at a Lofs tviicre
to begin with it. hirft, Let the Commtf/ion, und CommiJJt n et be wliat they will, no Manu to be ^tdg in kit oro i
Caufe ■, but the Law mull be the fudg both ot the Legality t f the One, and the Capacity of the Other. Secondly, If
upon this Ground an injur'd Pcrfon may take Arms, in One Cafe •, fo may a Criminal, up n the bare Prete' ce of it
in any Other ■' forhishntfuyingthatthc Com', jfjion it Vnroarrantablc, or thst the officer is * ]{ajcal, and there's h's
Juftification. Tliirdly, .Snppolca D' uhle Abife in Manner, as i here luggeftcd •, 1 bat Abnje noes not yet void the
Aiithorpy, to which tlic Law oil the One fide requires Obedience, or at Icalt SubmiJJion and thetc is no Latv, on the
Other fide, thit ss\\ov/s Pefiflaitce. Fourthly, '1 J:e i nd and Profpcdt of all Laws is FubFck Convenience, and there
was acvcr any Law invented, To Profitable to a Ont/Bttnity, bnt it was in fome Re^redt or other, to the ERtriment
offome Pirrticulars: So that' the very Admittance of his Suppofitions, does rot at all sffcC; the Reafon of the Tej},if
the Benefit be General on the Oeehand, and the' Mifckief only Panicn'.ir on the O.her. How many Men arc fworn
out ofxheirL ves, and Fortunes by Falfe-lVitneJfis ? shall wethercfbircquariel thx Method < f Proceeding Secundum
Allegata,^ Probata ? A Man is Arrcftedupon a Fobb'd Aftion, forafumof Ivkny, knowi gFirfl, that he ows not
a Penny , Sccoudly, tiuvt the Conftqucnccof it will bo Ids Ruine ; I hirdly, that the Ad'ion ismccrly Malicious •,
And Fourthly, (to make it Rrong enough) that tlic Offict'r that fcrves the Writ is Confederate witJi liis Advcrfary,
and riut'they have Both comploitedhis Dcdruftion ; All this will not yet Authorivca Refiftance,' but it an Officer
tliat hasthe or any other lawful Warrant, though Erroneotn, fliall be flain in the Hxccir.ion ot it. This
is Af Eft h E E^ A word now as to the Occafion of it,
he People o' 4i;whenthey had forced his MajcSy from his Palace,by Affronts and Arm'd Tumults,Pubhtlt'd this
Doflrinc to the Na ion, : hat tiiough his Per/vu ws gone, his .^uihority rcflded in tlic iveo houfes : under wliicfi
Coloui tl'.ey impofcd Orrff.tdncaupon thePeoplc, for Laws, and by Degrees prccctded to an Exerciliiof all the Ads
of S.'Jireigntyi making War .againll the Pcr|i)« of the King, and thufe that \sexe C 'famijjlon'dhy hfim, under the
Pretence afore faid : m Eebe'lietis^Traytours,snL Confpirators. Now to prevent the/awe again, from the
fame P'incipht., it wasihought fitto propofe tJ isPeWirraitfl /of Abhorrence. J h.e Objections againft it are, That
the ^ng may grant a ComfriffiO i to take away a Mans Life, or Efate, and Employ any Man at a venture t» execute it:
which is Firft, The Suppolal of an VnjuJi, and Tyrannical Commijjhn: Secondly, A Cale fo that it would
be a hard matter to produce a Trrfiicnt forir, without a R eference to a T ryal ;t Law: And Thirdly, What would
be the Fruit of facha E^fifiance, but the turning of an Oppreffiin on the One fide, into a Eebellion on the other ■,
and the Forfeiting of that life, and EfiateTo the Law. which was otherwife invaded Contrary to the Law ? For 'tis
a Thoufand to one that the Povver-that Iffa'd tjie Commifiion , will find Afsillants to Execute it, So that the Rcfi-
ftance tleadcd for in this Cafe, is Firft, of a very'remote Suppofition; Secondly, of dangerous Confcqucnce to the
Refiftent; Aud Th rdiv, of no Avail to h m at all'.
If we may not (fays thc-Fadion) under thefc Circutr.ftances, our Lives, Liberties, and Eftates are at the
King's Mercy -, for that wh ch may Be oiat Mans Cafe, may be any M :ns: And fo trecaufc ot 1 his Pofiibility of Wrong
to Particulars, we judgit Reafonablc. that every Particular Man Ihould be Allowed to Defend l imfclf. Sccncav
thclnconvenicnce, which, upon the Allowance of this Liberty in Favour of Part cuhis, will redound to the Publick.
' An Honeft Man is charg'd with Trcafon'in the King's Name, and by h s Majcfties Order to be taken into Cuftody,
a'hd by anOfficer coo, unuerwhar JLifabelitics you plcafe. Here's the whole Cafe, An Innocent Per Ion ■, Lfe, Li-
bcriy, and ffiate at llake,and anVnqualifi'd Commi/Jtoner.. IfOneMan may/(^f/ijj,b«caulc he is Inntcent, Another
upon the fame Pretence may Efifi too, althcugh he be Guilty. For no Man uutler a Charge, is cither Guilty, or Inno-
cint in the Eye of the Law, till he be Legally, cither Convicted, or Acquitted, io tl.at ehc Innocent, and rhe Guilty,
ar^ to be trv'd indifferently by the/i> c Law, and fo are tlic i'rctcnded hrrours either in the Commijfiun. ox Citmiffio'
net Take matters once out of the Channel of Tryal by our Peers, There's an end of Magna Charta-, and the Govern-
menr it felf is b:c, ine PasSve, and Prccariors Will you have the true Reafon now, why this Abhorrence goes fo much
againlf fhc hair withfome People ? T he is to l>e Cficrirji'i/, and kept in Countenance, till the time comes for
putting it in PraBice.
No Man can be fb Hind, as not to d icetn by the correfpondent Amotions of tlx Confifiorians in Jcotlattd, and the
ScettrJI) Englijh. tlut thty Act already by Concert, and it is as plain by this Bold and Adventurous way of Libels all on
the foddain, that they depend upon France for a Second: Wh'chisno more than -was done in the Late Rebellion,by the
fame Faction, as appcat'd bya Letterofthe Lord AWetrj to the frcrci X foe Ins Protection and Asfiftance, for
"which he was committed to the Tower , and It w.is alfo ccnfirm'dby the Fourth Article agamft the Five Members, Ac-
tufing them to.have7'r/t)fero jly i ezitedand encnyrag'd a Forrcign Power to invade his Mtijefiics Jf^u-gdon, o/England.
Collections, p. is- 1 hefe are the French Fenfioncrsand the Betrayers of our Eeligien and Freedom,
under Oaths, and Covenants to Preferve them. Were not our Divines PdTg'd,Vcqucftred,Tniprifon'd, either for pray'ng
for h s Majefty, or for Refufing to Abjure him , How many Reverend D.vines were poyfoncd in Peter-Houfe, I
could give you the Hill cry-oftheir awayfcvcral Per/ws ef Honour for Slaves, their Sale of three or four
fi ore Gentle rent 0 the Barbadoes- Their Scqu firations, Hecimaiions, 1 xclufisn ftoxnaW offices. Plunders, Bavijh-
ments, Confinemenfs, Prohihilio ' ef Corrcfpondcnce wiffi .'fieup-m Pain of Dcatli. The Juggles of the Jrifh
Adventures , Monty, and Plate upon the Propnfiiions , Conffcutei Efiates, Twentieth Parts, fCeekly Afjeffments, and
a Hundred otlier Pecuniary, and Arbitrary Stratagems, till they finiihed the Ruine of the Nation, in the Dift'olutitm
of the GovernT.ent, and in the Bloud of their Sov'relgn. Lt is not left certa'in that This is in Sum the Defign of their
Second Reformation, than that it was the 1 ffcB of their Former : and they are Fools that take Men of thcfe Praftijcs
tohtof any E^ligion. ,
FINIS.
CONCERNING
PENAL LAWS:
A
DISCOURSE
O R
CHARGE«SESSIONS
t
In the B u R R o u G H of
BRIDGEWATER^
12 Julyy 1680.
By Sir John Mallet Recorder there*
\
Part thereof being
APOLOGIE for GENTLENESS
to Trotejlant Diffenters*
■ LONDON,
Printed for Thomas Cockeril at the Three Legs in the Totdtr^l
over againft the StocKs-Markety 1680*
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ADVERTISEMENT
TO THE
READER.
IF it hath been a fu^pofal of fome Wife men of late^ That ra-
ther than live where all things were lawful^ it were better dwell
where nothing were lawfdl but what's Commanded: Which fiall
be admitted rather than d fluted; becaufe neither cafe of that Jul>poJal
is ever likely to happen in any Chriftian Countrey. It may perhaps by
fome be thought a happinefs to be debarr'd (what was ujed to be tld
iaji Liberty of the Unfortunate) to or to Fetitton j by fuch
rejlraint to reduce Thoughts cts well as Obedience^ which is due to all
' the Ten Commandments^ to he confnd only to the Fifth,
I
. From the like leave of uftng fuppofals, may it be lawfull to Jup^
pofey that. If fome of thofe whofe holy FunTwn fhould be to teach
men ail their Vuties both to God and Man, had inftead of Mofes
been in the Mount, they ivould have pray d God (what fin foever it
would be to think fo little of God, as to hope he would grant their
hold requeji) to give them only that one Command of Obeying Ma^
gijirates, under the Flanie of Tarents, and to leave all other Laws to
their own diBating 5 how they would haVe managed fuch Tower by turn"
ing Tgligion and the VVorjhip of God into fetting up themfelves, or
Mdoring and Flattery of Trinces under the Flame of Gods, from the
Mode of fome, and the many Ahfurdities that would be in CiVil matters,
maybe imagined rather than faid.
Tut if they pleafe to conjider, the Flames Father and ^Mother
there ufed, feem as well a Trophecy as a Law, that Trinces Jl^outd
be Flurfng Fathers of the Church, as mil of the tender and weak,',as^
of tfye jlrong Children of it. Ms the bejl Trinceshave alwayes^ ac'^
counted it their greatefl Glory to become, and be call'd Fathers of their,
Countrey, for their Love, TroteBion, and well Governing theirTeopte
by thofe Lawes which by ancient Ufage, or prudent Legiflation are
found to be agreeable and Good; thereby Government would be as well
Firm and Honourable, as alfo Eafie and Tleafant both to Trince and
Teople j taho would ftrive to excell each other, the frft by Trincely
Condefcenftons of Love, the other by returns of faithful and loving Duty.
M z Such
6'1
I
Such certainly would he the Condition of theje Kyngdoyns under the,
CoVernment of our who by his Own moft Noble Goodnefs de=
ferl'esthe CharaSler oj being the bejl Prince now living on the Earth j
if thofe whofe facred Erofeffms of 'Religion, Law^ and of giving
Councel ( all which Qmlities when well and jujlly ujed may he ac-
counted Sacred) as it is hoped Jome of thofe who are to giVe Counfil,
(confidering Hone fly therein is the true way to be Honourable) would
he fo honejl in their Advices to his Majefly, and their Admimftra^
tions under him, in whatfoever may concern (fleligion, Law, Sajety,
and the good both of Jfing and Veople, as to preferre the infeparahle
common Interefl of both^ before their own or any priyate advantage.
All inferior Miniflrations would then Jurelygo well, or eaftly befet
right, if thofe higher lowers beflow the Influence of their care and
good Example on them.
jimongfl other thiigs, how low and fmall foever the ordinary courfe
of Juflice may feem, there having been fome mifreports and private
Cenfures of Jomething lately faid in a Difcourfe or Charge at Seffi^
ons for a Town therein mentioned, concerning the Ancient and yet good
way of Tryal by Juries ^ A Friend of our Englifh Laws having a
true Copy of what was there J aid, gives it to you j ivhich the Author
of that Difcourje would not elfe yield to publijh.
He in that Difcourfe, and the Friend who writes this Advertife^
ment, might fay much more in Commendation of the Common Laws
of England, aboVe the Civil or any other Celebrated Laws of Church
or State, or any other place 5 had not the Excellent Treface of the
Learned Sir John Davys to his Reports, and the Cafes there,
efpecially that of Premunire in the End of his Book, faved the la^
hour of repeating what may be not only neceffary for all our Law-
yerstoknow, but delightfull for every Gentleman who may think him-
felf concern d in our Englifh Laws, to read -, there they and the Ci"
Vilians, and our Clergy alfo if they pleafe, may find by what our An*'
ceflors anfwerd when a Courfe of proceeding in Criminal Caufes ac=
cording to the form of the Civil Law was propounded, and in ajm
ther Cafe when in former Ages an Alteration of the Common Law was
endeavour d, how concemdly they exprefs'd their LoVe to the Laws
^Englar^.
A
t53
I
/
« I ) ■ i i -11 ■ li I ..I ■ — '.■•••K
»" " ^ ' * ' " ' '
t
A
DISCOURSE
OR
CHARGEatSESSIONS
In the BurroUG H of
BRIDGEWATER-
12 July^ 1680.
Gentlemen, my very good Friends, mm ^turnd and Sworn of the
Grand Jury for this 'Burrough of Bridgewater 5
I
IT is now many years fince by the defires and voluntary free
choice of your Corporation, 1 have been your Recorder. And
according to my duty, I have been often prefent at your
Selfions.
And as it is the Cuftom of all Courts of Juftice and Seffions,
for one of the Juftices in the Counties, and for Recorders in their
Towns, by Ibme difcourle to the Grand Juries, to fay fbmethmg
of the Occafion of their Meeting, and ibme general Recommen-
dation of the Laws of EnglaKd^ and to give in Charge the moft
material Articles to be Enquired, and to Exhort ithe Juries to make
Prefentments with due care and regard to their Oaths, and the
Laws, as the Cafes fhall require ; I have on thefe former Occa-
fions here fpoken my minde truely and freely. ^
But as often as it hath been my part to fay any thing here- or
elfewhere in publick, I have very feldom ufed, Or had the leifure
to fet down in Writing what I fhould fay.
B
161
Yet now two or three dayes before my coming hither, having
tionfider'd ibme incoiiveniencies which of late time have hapned^
and may happen to my leif as well as others, by milfakes or mif-
reports; to prevent which in what I have to lay, I have learnt
from the care of Ecclefiaftical perfons and our Clergy, in their Dif.
courfes at their Vifitations, as well as their Sermons, to write
what I have to fay, and with your leave to read and make ufe
of my Paper in faying to you what I have here written. Though
fince the ihort time I have had to think of it, other occafions have
hindred me from dreffing this Difcourfe with any Exadnefs of
Method or Language ; but inftead of being curious, it fha'll be plain
and true.
Gentlemen^ This hath alwayes been accounted one of the moft
confiderable good Towns of mis County, in ref^ft of its Scitua-
tion, Bignefs, the good Condition'of the Inhabitants of it, and
heretofore and at this prefent well efteem'd for Trade, being one
of the beft Markets in this County, to which there is a good re-
fort by-Land; and it hath alfb a Navigable River, which brings
Trafiick, not only for the ProHt of the Merchants here, and the
Countrey hereabouts; but paying alio confiderable Cuftoms and
Duties to the Kings Exchequer.
And as it hath by the Grace and favour of former Kings had
Charters, whereby it hath very anciently been Incorporated, with
great Priviledges granted to it, fo it is for the prayfb and com-
mendation of thofe who have been and are of it, that they have
behaved tliemfelves fo well, that thofe favours have been increafed
and not diminifhed: The latter Charters having ftdl enlarged
your Bounds 'and Priviledges, and from being limited within that
part of your Town, which was the ancient Burrough, they now
extend to the large compals of your Parilh, which is of great Cir-
cuit, having fo many Streets and Hamlets, as except the two Ci-
ties which give name to the Diocefs, there is, I think, but one
Town in this County that hath more dwelling Houfes than this:
Whereby may eafily be underftood the Concernment, IntereR, and
Efteem of this good Town.
And in refpeft of its Scituation, in a very good County, of
which I would not, becaufe our dwellings are in it, be thought
to fpeak partially or flatteringly ; but really, I fpeak my heart and my
thoughts of it, and what hath been obferved and laid by otiiers thereof:
jThis County of Somerfet is one of the beR Counties in England for
''Arable as well as Pafture, and abundantly ftoredwith the'^'Nobleft
kind of Provifion this Land hath been famous for ; Which the
Kings Court, the great City of London^ and thofe who provide
yifluals for the Navy, well know*
And
Lrl
And I may further truely fay for its praife and conimendation-
and affirm it of my own knowledge and obfervation, having lived
many years in it, and being pretty well acquainted with the In-
habitants of it; They are in their feveral degrees, in refpecf of
the goodnefs of their Natures, Underftanding, and honeft Difpofiti-
ons, as good people as in any County of England.
In Religion they are good Proteftants, and lb few Papifts amongft
them, that I think I may fay, no County in this Kingdom hath
fewer Papifts than this.
And confequently it is a moft Loyal County, for I will bold-
ly and truly affirm, That the Protcftant Religion is a Religion of
Loyalty.
My love to my King and Countrey, hath caufed me to take
this occafion of faying this in Vindication of this County from
Afperfions of its Loyalty, and alio to vindicate the fmcerity of the
Proteftant Religion.
As I have faid this of the County in General, I now come
more particularly to your Town here, and our prefent bufi-
nefs.
Entring into which, I muft firft take notice, that when we
met here laft, which was fhortly after Eajler, we of your Cor-
poration gave unanimous teftimony of our being good Prote-
ftants, and Loyal Subjeds, by receiving the holy Sacrament irt
your Church on Sunday, and the next day in this Hall open-
ly at your Seffions by our Oaths and Subfcriptions.
And then all things were fb well amongft you all, that your
Grand Jury of that Seffions by their Enquiry on their Oaths,
did not know any thing amifs of any moment to be prefented,
that I can remember: Whether there were any frnaller matter of
private Nuifance or Trefpafs then prefented, I know not; but if there
were, I fuppofe it will appear by the Records and Books of
that Seffions ; which being fo lately, and things well then, I
hope they fb continue, especially in refpebt of the greateft mat-
ters.
If any thing be amifs, it will be your part to make prefent-
ment thereof as you fhall find Caufe, and this Court will do
right accordingly.
And as i am your Recorder, it is my part to give you fbiric
-diredions therein^
to
But here I muft by your favour take leave, Firft, to fay foine-
thing of my felf; yet without Vanity^ for I do not love Boaft-
ing, though now it feem fbmewhat neceffary for me to fay,
what I thank God I can moft truly fay: That in the long time
I have had this Relation to your Town; and the longer time
whilefti had the honour to be one of his Majefties Juftices of
the Peace of this County ; which was from the firft time his
Majefty Commiflioned any ( for I never would have, nor had,
or afted by any other Commiflion than the Kings ) I alwayes
made it my care fb to behave my felf therein, that no man
hath hitherto charged me, or can have any caufe that I know
of, to charge me with doing any Injuftice or Oppreflion, or of
taking any Bribe whatibever, or doing any thing that would be a
Scandal or Shame to Juftice. If I have done any fiich thing, I
/ defire any one to bear Witnefs againft me openly.
I am not Ignorant, that fbmething hath been reported as a feem-
ing Reflexion ; That I have not been fevere enough againft thofe
of his Majefties Proteftant Subjeds who are commonly called Dif^
(enters in Church matters.
Of which I have this to fay : j .
That I do not Juftifie any Difobedience of arty peffbiis to the
Laws, rteicher by my own Example or Encouragement. For it
is well known, that I, and all my Family have ever conftantly
reibrted to the Church, and come thither at the very beginning,
and often times before the Common-Prayer and Service begin
there, and continue there all the while; and this not out of a
formal, but I hope with hearty Reverence.
And I can boldly fay, that in two Parifhes where I am moft
concernM, by having long time dwelt in a Parifh in the Weft
part of this County, and of late years in another Parifli in the
Eaft part of it; my Example in thofe places and the Neighbour-
hood, and Gentle difcourfing to perfwade them to come to Church,
hath brought I think all of thofe Parifhes to the Church; I am
fure moft of them come more conftantly thither, confidering the
proportionable largenefs of thofe Parifhes, than in other places where
Severities have been ufed.
And I will with your leave make this further Obfervation,
which hath been a common Note: That it frequently happens
that thofe who are for the more rigid Compulfion of others, often-
times fail themfelves; thev, or fome of their Families being com-
monly abfent from Church.
But I am not afhamed or afraid to fay; That I do own my
Teudernefs to others hath been not only of a Kindnefs, which I
think
[9]
think is natural to moft Engltjb Gentlemen but of a charitable
belief, that moft part of thofe who are called Diflentersi do hold
the lame true Doftrine and Principles of Religion with what is
contained in the Articles of the Doftrine of the Church of Ens:-
land^ which do all of them agree with the Holy Scriptures, and
the true DoStrine of all found and Orthodox Proteftants*
And of the Loyalty and peaceablenefs of fuch Proteftans, I think
no body hath caufe to doubt; but rather to pity their Tender-
riefs, and by Gentlenefs feek to win them to complj/ in the finall-
er matters of outward Conformity, and a few indifferent Ceremo-
nies, feeing they agree with us in the main and fubftantial mat-^
ters of Doftrine.
And there hath been fbme confiderable doubt, whether thofe
Penal Statutes which at the time of making them, were expreft
and intended to be only againft Popifli Recufants, fhall extend to
Proteftant Diffenters.
One other thing I have always thought of, which I think is
worthy the moft ferious confideration of all Enghjh Magiftrates :
That the ever good and ancient way of Tryal, even from the
beginning of our Englijij Laws, having been by Juries, where-
of the Great Charter is but Declaration and Confirmation of our
common Laws therein, which alio hath been multitude of times
confirmM by our Statute Laws and Afts of Parliament; Juftices
of the Peace and others to whom the Miniftration of our Laws
belong, cannot be too careful in any matters left wholly to their
Will and Power to hear and determine without Juries; I fay, I
think they cannot be too careful to avoid going beyond the Ri-
gor of the Laws, or hardly to the utmoft Rigor of them;
For my part, I think it hath been no unhappinefs to me, that
whileft I was in Commiffton of the Peace in the County, there
was feldom any confiderable Complaint made to me, wherein I
might Judge according to my own Will, without a Jury:- And
if there were at any time any fugh caufe brought before me, I
thought it my beft way, for fear of exceeding the Laws, if it
muft be thought an Error in me, to be as gentle as may be, to-
erre on the gentleft fide.
: By fiich means to prevent and reclaim any from OffendingZ
rather than to watch and take all Opportunities to make them
feel the extremity of Penal Laws, efpecially where the proceed'
ings are without Jury.
Yet I acknowledge, the Execution of fuch Laws are very
juft, \vhen the Magiftrate doth not exceed the Directions and the
Methods of thofe Laws and Statutes in thofe cafes.
C Though
C.6]
Though I have obfei'ved, that fbme fuch Laws in King Htmy
the Seventh's time were of fhort continuance, and ibon repealedj
and two of the Promoters and bufieft Executioners of them,
came fhortly after to unhappy ends for their levere Exaflions.
Befides, how free fbever any Juftice may be from having any
part of the Moneys, yet if he be very aftive in Levying great
Summs of Money by Fines let by himlelf, out of Sellions, unlefs
in fuch other publick manner as may make it appear he hath no
fhare, it will be very hard to avoid being fulpetbed thereof, how s
free foever he may be of it.
I will give you fbme Obfervations more of Tryals by Juries.
They are to be of the fame County, indifferently chofen and
return'd by Sworn Officers, and are to be Free-holders, or other
honeft men of good Underfbanding and fufticient Eftate.
It would feem as ftrange a thing to fee a very mean Jury
rerurn'd to try Offenders of very great Q;iality, as for the greateft
fort of Perfbns to be returned and ferve in the Tryals of per-
fbns of the loweft degree^
In what Manner and for what Caufes, the party to be Tryed
may except againft the Jury, or any of them, will not be need-,
full here to mention.
I
1
For my part, I think Juries of the Gentry and Yeomandry, or
men of good Eftates, with fbme equality and indifference mixt to-
gether, to be the beft way of Tryal in the world, andmoft agree-
able to the ancient Laws of England.
I do not find that the Clergy-men, though there be about
nine or ten Thoufand of them Free-holders in England ( reckon-
ing about fo many Parifhes, whereof they are Parfons and Vicars,
befides other Dignitaries ) have for above fix hundred year^
been returned or ferv'd as Jury-men, I am fure in matters Cri-
minal and cafes of Blood, tfiey were never ufed as Juries in
any fuch matters, except perhaps, which I am not very certain
of, concerning the Statute commmonly call'd the Statute of fix
Articles made in the Thirty firft Year of King Henry the eighth:
Wherein what is there mentioned and call'd Herefie, was there- '
by made tryable by Jury. ' \
Of which Statute an honeft and worthy Clergy-man, Dr. Bur-
net^ in hisHiftory of the Reformation, lately written by him, and
23 May 1679. allow'd by the truly honourable Secretary Coventry
to be Printed, faith thus:
" There
L"]
" There was but one Comfort that the poor Reformers could pich
out of the whole A£t, that they were not left to the Mercy of
*' the Clergy in their Ecclefiaftical Courts, but were to be tryed
by a Jury, where tlrey might cxpeft more candid and gentle
dealing.
Yet it feems thcr-Clergy, which Were then of the Popifh
'Relio-ion, did fhortly after the making of that Statute leave off
Juries, and proceil in their Arbitrary w^ay of Tryal without them.
For to remedy their lb doing, in the thirty fifth Year of die
^me King, another Law was made; That no perfon fhall be put
to his tryal upon any Accufation of any Offences compriled in the
aforelaid Statute of Thirty one Hemy Eight, but only fiich as ffiall
be made by the Oath of twelve men bdbre Commiflioners autho-
rized, and the preftntment to be made within one year after the
Offence Commited ; And that no perfon lhall be Committed to
prifbn for any fuch Offence before he be Indided thereof.
i forbear from hence, and from much more that might be
fa id from our Laws, but chiefly from the Holy Scriptures of the
New Teftament, wherein Chrift did refufe to be a Judge in Cafe
of Blood and other Temporal matters, to make any Inference or
reflexion upon any of our Clergy, feeing many of them are
pleafed with employment of that kind. ,
But for Juries I have feme few fhort Notes more to obferve
unto you.
That after Juries of Tryal are fworn, and the Tryal begun, t
think they fhould not at all, but I am fere they are not ordi-
narily to be adjourned till the Caufe be fully heard and ended.
And then, if they go front the Barr, ^ they may go togedier
if they will, before they give their verdifib (for it may feem to
prejudice the freedom which belongeth to them, to perfwade
them not to go from the Barr) and confelt together in feme
private place, where none may have influence over them.
And they muft have time allow'd them in private, till they be all
and every one of them agreed, before they give their Verdi(3: in
the Court.
'■ i r .7
For a Jury of twelve men for tryal of a Caufe, doth differ
from a Grand Jury of Enquiry in this, that in all Juries of Tryal
all and every one of tlie Jury muft be agreed in the fame point,
without going to the Poll for the Major part of Votes; whereas
Juries of Enquiry may carry matters before them by the Vote a£
the greateft number among themfelves.
L. C'O
Now to clofe this part of this Difcourfe about Tryals, with
ibmew.hat concerning Witneffes.
It hath ever been the good old way, warranted by the Holy
Scripture, and by the Laws and Ulage of England, that the par-
ty accufed Ihould know the Witneffes and Informers againil
him, and have them face to face.
Except in Cafes of dangerous Confpiracies, where it may be
neceffary to keep the Witneffes very fecret till the matter be
throughly examin'd, and the danger prevented.
But regularly, when the Party comes or is brought to Tryal,
the Witneffes if living ought to be prefent, unlefs difabled by
ficknefs, or being beyond the Seas ; and in that cafe the caufe
of the Witneffes abfence ought to be fufficiently proved by
Oath, and there muft be other very clear plain and full Evi-
dence a^ainft him, or the Tryal to be put off till fbme other
time.
The doing otherwife, would perhaps be miftaken to be in imi-
tation of fbme Ecclefiaftical or Martial Foreign Laws, whereof
I forbear to % any thing; but that I do not know by any
pofitive Law of England, the Party when he comes to his Try-
al fhould be denyed to know the Witneffes againfl him, and to
have them face to fa.ce.
V
Norv Gentlemen, to what concerns your Town and Corpora-
tion to which I bear a mofl true and unfeigned refped, and to
vou' all; What I am about to fay, is not out of any defign to
Ingratiate my felf amongft you, but becaufe I tliink what I fpeak
is very true.
I think you are as happy as any People or Corporation that
I know of, in the good -choice of your Maiors and Aldermen,
who dwell' among you, and are your Magiftrates in their refpe-
aive Years and times of Government, by their behaving them-
felves fo worthily in their Magiftracy, that they preferve the
good Reputation of your Town, and the refpebl due unto them-
lelves.
The Articles I fhall now mention and recommend to the care
and Enquiry of you ( Gentlemen of this Grand Jury ) are fucli
matters as are'ordinarily to be enquired at any of his Majefties
Seffions of the Peace, from the higheft to the loweft Oflences,
though fbme of the matters you are to Enquire of are of fo
high Nature, that they are not to be tryed here, but at the Affi-
zes and otlier Courts.
Yet
Cm]
Yet if you know of any fuch Oifences, you miift acquaint us
thercMuth, and we will take care to tranfmit the Examinations
and Olfenders, if any be here taken, unto thofe places and Courts
where they may have their Tryals and Punilhment.
But for things within the power of this Court to hear and
determine, if you Indift the Perlbns, and that they may be
brought before us, wg. will proceed againft them according to the
Law in fuch cafes.
In the firft place, our Law intends the prefervation of the Life and
Perfbn of the King.
- Here I muft tell you very truly ; That our King Charles the Second,
whole Life I pray God long preferve, is the life and well-being
of this Nation, in refpeft of the Proteffant Religion and our fafe-
ty. And I fpeak fincerely and without any bale fawning flattery,
that I believe, by what I have underftood by fbine Honourable and
knowing men ( for I do not frequent the Court, yet am not
altogether without having had fbme Opportunities to make my
own Obfervations there ) that the King of Hu own feif is of
an extraordinary good and Gracious Nature, a lover of the Pro-
teftant Religion, and the welfare and happinefs of his People;
And that in His own mofl: Noble Difjpofition, and ingenious readi-
nefs of Wit, his Affability and natural Goodnefs, he doth far excel!
all that are about him; And I believe he doth therein excell all
other Princes : And that whatfbever he doth of His own felf in-
tend or purpofe, is meant by Him to be for the good and happi-
nefs of his Subjefts. And he doth infinitely deferve their Love
and Duty mixt infeparably with the greateft Humility and mofl:
faithful Loyalty that good Subjeds can exprefs to a mofl: Gra-
cious King. ^
What Treafons are, the Statute doth dec!'
That , . ■ ■
To compafs or Imagine the Death of the King.
, To Levy War againft him. 0 - . ■
To Counterfeit his Great Seal or Privy Seal.
And to Counterfeit his Money.
To Kill the Lord Chancellor, Judges or Juftices of Oyer and
Terminer^ being in their places doing their Offlce: Are by that Sta-
tute declared to be Treafbn, and to be punifht with Death and
Forfeitures as therein mentioned.
And by a late Statute made in the Thirteenth Year of his Ma-
jefties Reign that now is, e
It
C'4]
It is Treafon during this Kings Life, to compars, imagine, or
intend his Death or Deftruftion, Wounding or Imprifonment, of
to deprive or depofe him oi his Kingly Name and Crown.
There are alfoTreafons by other Statutes*
27 EUz. if any Born within the Kings Dominions be a Jefuit,
ordained a Prieft by the pretended jurifdiction 0^ Rome, and
come and remain in any of his Majefties Dominions, it is
T reafon.
By 2^ ElU. and 3 Jac. It is Treafon for any to bring Abfblu-
tions, or to exercife power to abfblve, or to withdraw any of the
Kings Subjedls from their Allegiance and Obedience, &c. to recop-
cile th^m to the See of Rome.
The knowing of Treafon and concealing it, is call'd Mijprifion of
Treafon, and to be punifht with Fine and Imprifonment.
Concerningwhich I think proper in the next
place to acquaint you with:
You are to know, it is no new, but a very ancient and neceffa*
fy care and watchfulnefs provided by our Laws, againft the dan-
gerOLis and encroaching Jurifdiftion of the Popes and See of Rome,
which have always had defigns againft England y our Laws and
theirs being Incompatible. ^
For, from the time of King Edward the third, and the Reigns of
the fucceeding Kings, there have been Laws made, That if any of the
Kings Subjeds obtain provifion or promotion to Benefices from the
See of Rome ; or if any Appeal from the Kings Courts of Juftice
to the Court of Rome, they fhall be Imprifbned during life,
and forfeit their Lands and Goods, and be out of the Kings Proteftion.
This is commonly callM a Rrxmunire, from the Words in the
Laws, and in the Procefs concerning it.
Of later times other Offences have been alfb very juftly put
under the fame punifhment.
Moft of thofe Offences fb to be punifht, being concerning the
introducing of the Popes pretended Jurifdidion, and denying' Alle-
giance to the King.
The particulars of thofe Offences being many and long, as alfb
other Offences that are Treafbn by Statutes, you may beft read
the Statutes themfelves, for the more full knowledge of them, and
for bringing the Offenders to punifhment.
The
L
Ci5 3
The like Advice I give you, of Looking upon the Statutes wlieri
there is any occafion to make Prefentment againft any Statute, as
well to avoyd Miftakes, as alfo to fave me the Labour, and you the
Time, of mentioning all Olfences againif our Statutes and Acts of
Parliament.
Concerning Felonies.
*
V There are Felonies by the Common Law, and alio by Statutes,
but I {halt not be able at this time to name them all to you, and
diftinguilli them feverally : But tell you, that the Punifhment and
Sentence which the Law pronounceth on Felony, is Death. Yet
in many Gales there is an ordinary Mercy allow d, which is call'd
Benefit of Clergy. But the greater Felonies are not capable of it.
I fhould, before I named Felonies, have told you of Petty Trea-
fori, which hath fomewhat a higher Name put to it than other
Murthers:
It is when a Servant kills his Mafter, a Wife her Husband, or
a Clergy-man his Bilhop.
Other Murthers are Felonies:
As where any by Malice forethought, exprefs'd or implyed, doth '
kill any Man, Woman or Child, this is wilfull Murther, and is not
capable of ordinary Mercy.
So is the killing any one by Poyfbn or Stabbing.
f
The killing by fudden Fray and AlTault is call'd Homicide or Man-
faughter, and in fome cafes it may be capable of Ordinary Mercy.
I
If one in doing a lawfull Ad happen to kill another, it is call'd
dhance-Medley^ or Mifadventure.
And if in his own Defence any man happen to kill another,
it is bv the Law enquirable by Indidment, though there be Mercy
allow'd of courfe.
Rape, if a man by force have the Carnal Knowledge of a Wo«<
man againft her will, is a very foul Felony.
So are the foul Ads of the higheft degree of Beaftlinels, Bug-^
gery and Sodomy.
By a late Statute, 23 Car. 2. If any perfort malicioufly cut out
the Tongue, put out the Eyes, cut off the Nofe, or dilable or
maim any Limb or Member of any of his Majefties Subjeds, it is
Felony without Benefit of Clergy.
"Tliefg
^ /
[•6]
Thefe before mentioned are Felonies againft the ferfon^ I
will Name to you fome Felonies that are againft your
Pofteflions and Goods.
I'.reaking any mans dwelling Houfe in the Night-time, with in-
tt::it to Steal, or do any Felonious aft there, is a very great Feb-
r.i\, for which the beneht of Clergy is not aliowM.
' So is the Robbing of a Church.
And Robbery of any thing from any mans Perfon in the
High-way.
The Stealing of Cattel or Goods from any mans poffeflion, is alb
E_Iony, but in fome cafes the benefit of Clergy is allow'd.
The Stealing of Goods, though it be the Goods of a perfon un-
known, is Felony by the Law.
So is the malicious Burning of any mans dwelling Houfe, or Stacks
of Corn or Hay.
The Cutting and Stealing Cloth from a Rack, is Felony, where-
of the benefit of Clergy is taken away by a late Statute.
I have been the fhorter in naming thefe Offences to you, be-
caufe if there be any Offences of Treaibn or Felony, they are com-
monly fo Notorious that they will not efcape your prefentment,
though we cannot punifli them here, but tranfinit the Examinations
of them, and the Offenders, if any be, to other Courts, to be proceed-
ed againft and punifht.
There are, certain otherOffencesagainft Gods Divine Laws, which
our Laws take notice of to punilfi with pain and fliame; though
the puniihment of that which I fhall next tell you of, by our Laws,
is lefs than the greatnefs of fiich wickednefs doth deferve.
Thefe are Perjury and Subornation of Perjury; fins and Offences of
fo deep a dye of guilt, that though our Laws have not appointed
Capital punilhment for them, no doubt but God will feverely pu-
niih them. For he that hath laid. He will not hold him Guiltlefs
that taketh his Name in Va.in, will much mOre dreadfully punifh
that man who breaks both the Tables of his Commandments by a
falfe Oath, or by procuring another to Swear falfely. Such Per-
jury oftentimes being the occafion of Murther, by falfe Accufations
that may take away the Life; or of Oppreflion and Robbery, by
taking away the Liberty, Eftate or Goods, by caufmg heavy Fines
and Punifhments to be laid on their Neighbours. And by fuch
falfe Oaths and Informations Courts of Juftice are abufed, when it
IS not poflible for any Judges to difcern them ; And hereby una-
voidably if Perjury pafs for Truth, the Law which fhould be for
the protection is turn'd into the deftruCtion of the SubjeCt.
I hope within this Town there are none fuch; ifin any other part
of this County or elfewhere, any thing of this kind be hafpeCted, we
Lave nothing here to do with any thing done beyond the limits of your
^fown.
. > But
Cvl
But the other OJences of ciilfoinary Swearing and Curdng are
frequent in every place, if you find any in your Town who olFeild
therein, you may do well to prefent them, that they may be puniilit
according to the Law, which though it inflidl but a gentle puniih-
ment, by paying a little Money for fb great Odence, that, and the
Admonitioriof Friends may reform them, and help the poor to whom
the penalty by the Law is to be given.
Our Laws doalfopunifh other O.Tences agaimi: the Divine Laws.
. The Breaking of the Sabbath, by Travelling, or iifing Trades, or Sell-
ing iviaiketable Wares, and labouring on the Sundavs.
For though it be not only Lawful but Commendable, and Com-
manded, to follow our Callings fix days of the Week, )^t it is un-
la .V full (except Works of Piety, or extraordinarv Necemty, or Cha»-
rityj to work, labour, or do our lawful bufinelTes on the Seventh
day, the Lords .day, Sabbath, or Sunday, call it by what Name you
pleafe, fo as you kep it holy.
And if on cliac day we may not follow our ordinary lawful Callings •
and Works, it is much more unlawful on that day to do what is unlaw-
fui to be done at any time, by f}5ending that day, or a great part of
it in Taverns or Ale-houfos, and with the worif fort of Company,
when we fhould be at Church and Divine Service ; tbe Omitting to be
where we ought to be, and being where we ought not to be, efpe-
cially at that time, ought to be punilht by the Laws in that cafe,
f Thole who go to Church ought alio to behave themielves reve-
rently there.
If any difiurb tlie Minifier in time of Divine Service or Sermon, '
it is a great Offence, punifhable by the Laws.
So is the depraving or ipeaking againlt the holy Sacrament. ;
. It would require too long time for me to enumerate all Offen-
ces which concern Religion and Divine Woiiliip : Some of them are of
Ecclefiaftical Congnifance, ibme punifhable at the Affizes, and many
of them punifhable by Juftices of Peace at home, who all know the
Laws and Statutes in thole cafes; therefore, cfpecially of what J uffices
of the Peace may punifli at home without the help of Selfions or Jury,
I forbear to fay any thing here, more than what I have already laid..
That which I come -next to tell you of, is certainly with-
in the Jurifdidlion of this Court to enquire and Punifh.
That is to lay, The Stealing of Goods not exceeding the value of
Twelve Pence; this by the Law is call'd Pettit Larceny, and to be
punilht by whipping; which Punifhment of young Offenders may
do' good, in preventing their greater Thefts, and lave them from
the Gallows.
There are alio many other Offences of publick concernment, and
Ibme of them of moment to be enquired and punifht here.
If any number of Perlbiis have combinM together to make Quar-
rels and break the Peace.
E ' - If
[.8]
If any three or more go forward in a Turbulent way to do an
unlawful A£l:, it is call'd a Rout.
If they go on by force, and do an unlawful Ad and Breach of
the Peace, it is calfd a Riot.
Upon preferitment or Indidment thereof, if the parties be found
guilty, they are to be punifht by Fine.
In any Travel unufually Armed, to the terror of others.
Or are common Night-walkers, elpecially if they be dangerous
perlbns.
And any that hinder the apprehenfion of Malefadors, or make
Refcous, or break Prifon, fuch Offenders are alfo to be enquir'd after,
and punifht according to the Lav/ in fuch cafes.
I forbear to make mention of thofe that fhew ffrange and Mon-
ftrous fights, becaufe I will make no refledions on fbmething late-
ly in another part of this County, whereof I will fay nothing
liere.
There are other Offences againff the Peace, which are hurtful to
particular perfbns, of which if there be caufe of complaint,
you will hear from the Parties grieved; yet fuch matters are
to be enquired of ^ you, becaufe the Indidments are on the
Kings behalf, the Offences being againff his Laws and Peace.
Such are Affaults, Battery, Maims, Falfe Imprifbnments, For-
cible Entries, Unlawful Cutting and carrying away young Trees,
forcible Trefoaffes, and hurting the Cattel and Goods of another,
Cheatings, Deceits, Menaces, Threats, and Slanders: All thefe are
Offences within your Enquiry ; and Punifbable here, and no doubt
but many perfbns will be apt enough to make complaint; concern-
ing which, if they bring their Bills, and conmlain to you, Juffice
muff be done. But many of thefe Angry differences happen among
Neighbours, which by Mediation of Friends may be happily ended
between them without fuch trouble.
There are matters alfb concerning Artificers, Labourers and Ser-
vants,to be taken notice of, and to be Ordered and redreffed here.
If any Fich do confpire together to advance their Wages beyond
Law and Reafbn.
If Workmen depart before their work be done.
If Servants behave themfelves difbrderly.
If any that are fit to go to Service^ and have no other vifible
Effate or means of Livelihood.
All thefe are to be order'd according to .the Law in fuch Cafes.
But if they be truly Poor and impotent, they muff be provided
for and relieved. " '
Here I muff recommend to tlie care of the Overfeers of your poor,tho
binding poor Children Apprentice, as one of the beff provifions to pre-
vent the encreafe of the poor, and alfb thereby to prevent the ill and
lewd Courfes and Offences which by Idlenefs fuch young people woiild
quickly learn and commit. The
C'93
The Overfeers of the Poor ought alio to be eareful in all Other
things belonging to their Office, which if they negleft one Month,
they are under a Penalty for every fuch ncgleft.
i
Gortcerning which in this Town are confidefable.
.]
By theleveral Statutes about Trade, there are a great many Di-
reftions, which you are pretty well acquainted with upon formef
Occafions, which I luppofe you have had, to take notice of them, that
I may be the iliorter in mentioning any of them now.
Tliere being particular Laws about each or very many Of thele and
other Trades: Braziers, Pewterers, Tanners, Curriers, Shoo-maker$,
Coopers, &c. That they fliall make their Wares good and laleable j
and alfb concerning the Surveying, Marking, Sealing, and Ordering
thereof according to the feveral Laws in thole cafb.
If you find any thing needful to be Redrefs'd, we will look into
the particular Statutes, and read them : Elle they are lb long and
many, that it would take up a great deal of time. The Laws only
which concern Clothiers, if we fhould mention all the particulars .
of them, would require many hours: But you may read thofe
you may have occaiion for; and the Statute-book fhall be ready
for you.
This in fhort may fuffice to tell you : That, as the Law hates
and punifhes Force done to your Perfons and Goods, it alio doth
hate and punifh Frauds, Deceit and Cheating in any trade or dealing.
And It takes Efpecialcare of thole Trades which concern Viftu-
■kls: That all forts thereof which may be Ibid, Ihall be good and
\vhollbm: Whether Fleffi, Fifh, Bread, Drink, or any thing elle ;
and at realbriable Prizes.
Thole which fhall hinder your Plenty are alio punifhable.
Whether they be Foreftallers, who buy in the way before coming
to Market, what fhould be bought there.
Regrators, who buy Victuals in the Market to lell again m the
fame, or in Ibme Market neer thereuntb, to advance the price."
Ingrolfers, who get into their hands or cuftody by buying there-
of, great quantities of Corn or other dead Viftuals, to withhold
the fame from the Market when it is cheap, and to fell again when
the fame lhall be 'dear.
' The Offenders fhall forfeit the value of tire goods,- and alle-haV%
'further punifhment as the Law and Statutes in that cafe have
provided. 6 Ri. 6.
Offences alfo that relate to proceedings in the Law, are punifh-
able by the Law. . ...
i ''
Barretters, who are common ftirrers of Suits, Adions and Qaar-
rels in Law.
Thofe who endeavour to corrupt Juries*
Magiftrates taking Bribes. -
Officers taking undue Fees*
I hop4
[^o]_
I hope thefe Is ro caufe of any' thing of tliis klild here, for I
belidve you have a worthy and honeft Maior, Aldennen and Town-
Clark, and that all your Oliicers are honeft.
If it be otherwile, it is your part to enquire and bring them to
Puiiifhment. And if I have taken, any Bribe, make me an Exam-
pie ofPuniihment.
The Odice of Clark of the. Market, I think, belongs to Mr. Maior
of your Town, who is fo wortiiy and )uft, that I fuppofe there is
no caufe to complain of any thing relating to that Oftice.
I fhall dole what I have ftiid, with recommending and putting
you particularly in mind of the Cuftoms and Duties due unto his
Majefty, which all perlbns from wJiom they are due, ought to pay
without Refiftance, Fraud or concealment. You all know thefeve-
ral Branches of the Kings Revenue by the feveral Acts of Parliar
ment concerning them, and there are Penalties for Refulals and
Frauds. You ought to pay the Duties juftly to the Collectors, and
thofe who are employ'd to gather tliern.
If the Ofticers make complaints of your Defaults tlierein, we muft
and will give them Alliftance as the Laws require us to do.
• And if upon hearing of the Gale, we lhall find that the Officers
Employ'd in the Collecting, do you any wrong in any thing, by
thofe Laws referr'd to us, we will take care that Right fhall be done
between you and them, fo far as the ACts of Parliament impower us
concerning the fame.
Gentlemen, I might enlarge this tediom Difcourfe with a. more for-
md Admonition concerning your Oath ; But I know you fo well un-
'' derjlandy and are fo honefl^ that you will keep it; and being dwellers
in this Town^ you are better acquainted than I am with the Ajfdrs
of it; and whatfoever I haue omitted to give in Charge for your
Enquiry within the Compafs of your Tawny and furifdidion of thts
Courty you will jupply with your Care^ therefore I leave what he-
longs to you to doe therein, to your Confideration.
iiififrV nil III III; .111 '7
1^1
FINIS.
t „ \l
/
ARTICLES
OF
m
High Mifdemeanours,
Humbly oflered and Prelented to t':e Confideration of
AND HIS
Moft Honourable Privy COUNCEL,
A GAINST
Sir William Scrogs
Lord Chief jufiice of the S
Exhibited by
"©ats, mtD Captam BeDlolXJ,
;Together with his Lordfliips Anfwer thereunto,
i. .
THat the laid Lord Chief Juftice, contrary to his Oath, the Duty of
his place, in contempt of the King, his Crown and Dignity, did let
at Liberty levcral perfons acculed upon Oath before him of High
Trealbn, without their being ever Tryed, or othervvile acquitted 5
as namely the Lord Brudenell^ d^c.
IL
That at theTryal ofSir George WaJ^man and others, at the Seffions-Houle
in the Cld Bayly^ for High Trealbn, the laid Lord Chief Juftice ("according to
the Dignity of his place ) managing the laid Tryal, did brow-beat and curb
Dr. Titus Oates and Mr. William Bedlovp^ two of the principal VVitneffes for
the King in that Cale, and encourage the Jury impanelled and fworn to try
the Malefaiftors, againft the laid Witnelles, by his publick fpeaking flightly
and abufively againft them and their Evidence, and the mif-repeating and
omitting of material parts of their Evidence, whereby the parties Indided
were by the laid Jury acquitted of the Fa61: then charged againft them, and
fully proved by the faid Witnefles.
A III.
L^l
III.
That the (aid Lord Chief Juftice, after the Tryal of the (aid Sir George
WahgMan and others for High Treafbn as aforefaid, in the further abufe of the
faid Dr. TitusOates audMr. William Bedloiv^ and in their great difparagement
fpcaking of them, faid, That before the Tryal of Sir George Wakemen ^mean-
ing the aforefaid Tryal) the Witneffes fmeaning the aforelaid Dr. Titus Gates
and the faid Mr. William Bedlotv) were to be b^elieved, but that at and after
the faid Tryal, they were not to be believed by him, nor ihould not be belie-
ved by him, or to that very efteft.
IV.
That the faid Lord Chief Juftice, by reafon of his Office, hath taken upon
him the power toopprefs by ImprilbnmenthisMajefties Loyal Subjedls, name-
ly Henry Care^ for writing and caufing to be printed divers fingle-lheet Books
in EngliJJ}., called TheBacquet of Hdz'ice from Rome^ for the information and
difcovery ofthe Idolatrous Errors and Impieties of the Romijh Church, to his
Majefties Loyal and obedient Pioteftant Subjcds, ( in this conjunfture of
time very uleful) although the (aid Lord Chief Juftice neither did, nor could
alledge or charge the faid Care with any thing contained in the laid Book,
that was any ways criminal or derogatory to his Majefties Laws, Cfown or
Dignity f and refufes to take very good Bail for him, though offered, and
afterwards le(s Bail taken for him upon his Habeas Corpus in Court; But by
the laid Lord Chief Juftice s means, he was continued bound all the Term to
his good behaviour, and at theend thereof until the next Term, although no
particular Crime was or could be proved againft him, or laid to his charge.
V.
That to the great oppreflion of his Majefties Loyal Subjects, the (aid Lord
Chief Juftice, contrary to Law, and in manifeft: breach of his Oath, hath with-
out any reafonable caule imprifoned a Feme Covert, and alfo divers other his
Majefties laid Subjects, and refuled to take Bail, though tendred, and the Mat-
ter Bailable, as in the cafe of Mrs. Jane Curtis^ Mr. Francis Smithy
I
VI.
That the laid Lord Chief Juftice is very much addifted to Swearing and
Curling in his common difcourfe, and to drink to excefs, to the great difpa-
ragement of the Dignity and Gravity of his faid place. He did in his common
difcourfe at Dinner at a Gentlemans houfe of (^ality, publickly and opcply
ufe and utter many Oaths and Curies, and there drink to excefs.
VII.
That Charles Trice being acculed upon Oath, before the laid Lord Chief
%jiice to be a Popifh Prieft and Jefuit, and Imprifbned for the fame, and alio
divers other Perlbns accufed upon Oath for High Treafon, as namely Sir
Francis Mannoch^^ Richard Faughan Efq^ and Daniel Arther Merchant, the
faid rord Chief Jiiflice^ct at large upon Bail, without confiilting his Majefties
Councel, or his witneffes, and againft their conlent, divers of which Perlbns
have not lince appeared, but have forfeited their Recognizances, and the
perfbiis not to be found.
VIII.
[5]
VIII.
That the faid Lord Chief JuJlice, to the great dilc'ouragement of hisMaje-
fties Loyal Proteftant Subjefts, to the roanifeft Incouragetnent df the Roman
Catholick Subjects, when Information hath been duly and legally given to
him of theaboad, or perfon of a Popilh Prieft or Jefuit, and a Warrant de-
fired from him'^to take or (carch for fuch Priefts or Jefuits, he hath in a
flighting and fcornful manner refufed the fame, and bid the Informer go to
Sir William Waller^ who bufied himfolf in fuch matters mainly.
IX.
That at the Tryal of Knox and Lane, at the Barr of the Kings-Bench-
Court, for their mifdemeanors, in endeavouring to take away the Credit of
Dr; Titus Oates, and Mr. William Bedlow, two of the principal WitnelTes
for his Majefty, in the proving of the Confpiracy and Confpirators a-
gainft his Majefties Life, and Government of thefo Kingdoms of England,
Scotland, and Ireland, the deftruftion of the Proteftants and Proteftant Re-
ligion, and introducing and fetling of Popery there, although the Evidence
was fofull and clear againft them, that the Jury found them guilty without
going from the Bar 3 yet the laid Lord Chief Juftice, in further difcourage-
ment and dilparaging the Evidence of the faid Cix.TitusOates and Mr.Wil-
Ham Bedloro, Would not, nor did not give any Charge to the Jury therein, but
role up fuddenly, after the Evidence clofed by the Council, and left the faid
Court abruptly, before the faid Jury had given in their Verdidf.
X.
That the laid Lord Chief Juftice, knowing that one Will. Oshorn was in the
Confpiracy and Contrivance with the faid Knox and Lane, in the laft Article
mentioned, to take away the Credit of the laid Dr. Titus Oates and
Mr. William Bedlow, and knowing the laid Dr. Titus Oates and Mr. William
Bedlow to be material Witnefles for his Majefty, in proving of the Confpiracy
and Conlpirators in the laid laft Article mentioned, and had been fo againft le-
veralof the laid Confpirators that had beentryed, and were to be fo againft
foveral others of the faid Confpirators that were impeached or accufed for
the faid Hrgh-Treafon, and were to be tryed for the fame 5 and knowing the
laid Will. Oshorn had been detefted before the Lords in Parliament alTerabled,
for his laid Confpiracy and Contrivance with the faid Knox and T^ane 5 and
that upon his own Oath, thereupon denying the Fad in their laid Confpiracy
and Contrivance to be true, } et out of his malice to the faid Dr. Litus Oats,
2X\d'Mx. William Bedlow, and m as much as in him lay to endeavour the dilpa-
ragement, if not the fopprefling of the further difcoveryof that Helliftiand
damnable Plot, the (aid Lord Chief Juftice, without the knowledge, confent,
or approbation of his Majefty, or any of his Learned Council in the Law, or
the faid Dr. Titus Oates, or Mr. William Bedlow, did voluntarily give the faid
Oshorn liberty to make an Affidavit before him upon Oath, of the truth of the
laid Fad, he had before as aforefaid denied upon his Oath, with intent that
the fame might be made ufe of againft the faid Dr. Titus Oates,and MnWilliam
Bedlow, to their difparagement, and the apparent prejudice of his Majefty,
againft the faid Confpirators, in the faid High-Treafon.
XI.
[4]
'XI.
That he the (aid Lord Chief Juftice, to manifeft his flighting opinion of the
Evidence of the (aid Dr. Tittis Oates and Mr. William Bedlorc.^ in the prefence
of his moft Sacred Majefty, and the Right Honourable the Lords and others
of his Majefties mofl: Honourable Privy Council, did dare *6 fay, That he
had thought that Dr. Titus Oates and Mr. William Bedlow always had an ac-
culation ready agaijjfl: any body,
XII.
That at the Afljze holden at Monmouth laft, the faid Lord Chief Juflice,
in the prelence of (everal Juflices of the Peace for the (aid County, did fay
to Mr. William Bedlove, that he did believe in his Confcience, that Richard
Langhorn., whom he condemned, died wrongfully, to the great difparage-
ment of his Majefties Crown and Dignity, the Jufticc of the Court, the Jury
and Evidence.
XIII.
That the (aid Lord Chief Juftice, contrary to the Dignity of his Place, did
make Merchandize of the Trials of certain Prieftsto be tried in Stafforcipdre^
and took twenty Guinneysin earneft, then (bid the (aid Trials to other per-
(bns, refufing to return the faid twenty Guinneys to thole from whom he had
received them. And furthermore, before the Trial of Sir George Waksman, he
the (aid Lord Chief Juftice did bargain with two Book-(ellers for one hun-
drcdandfifty Guinneys for them to Print the Trials, and in cafe they would
not lay down the Money before he went into the Court, he would not go
into the Court, but would go into the Countrey 5 and if the (aid Trial, by
reafbn of its length, could not be flni(hed in one day, he would have a hun-
dred Guinneys more, or to that very efFedi,
I
THE
[5]
Lord Chief Justice of the ^ings^bench,
T o T h e
A RT I C L E S
o f
M'TITUS OATES
a n'd
M' WILLIAM BEDLOE.
T
T. # ■ % O the firft he faith, That the Lord BrudneU
was Bailed by the Court of the Kings-
bench in open Court, and afterwards by the
Court difcharged; with this , That
f William Bedloe did importune the Lord iVejimoreland rIiiU]
to get the faid Lord BrudneU difcharged, for that
he had nothing to fay againft him, as he faid to the Lord
IVejimoreland, • . -1
B ^^Sl'To
■ii. ^^ l it ^ ^
- ■< -1 4 b iy.
[«]
a. To the fecond he faith , That as to his omitting or
^nifi-epcating the Evidence^-ar Sir George- Wahgrnaii^ Try
it is a reflexion upon the whole Court, to fuppofe it true^
and that they (hould let it pals. But he faith , that Mr.
0ates h^mg askt at that Ttyal why he djd not charge
Sir (har^ Wakeman at the Co^Ocil-Tafcle with a Letter un-
det hts Ott^n harid concerning'the Death of the King, he an-
fweredjHe did not know but that he did : To which it was
replied. It is plain he did not 5 for then the Council would
haY<^committed him. To which Mr. 0^/er repIied,That that
Couhc3 would commit no body for the Plot j which might
be the caufe of the mifdemeanour of frowning in the Articles
mentioned.
3. To the third he faith , He doth not remember that
ever he exprefs'd much concerning their Credit before
their Tryal j but that there were fome paflages at that
Tryal which gave him great caule of doubt j which he
hopes he might do, without making it an Article of Mif-
demeanour.
4. Sc 5. To the fourth and fifth he faith , That the
Perfons in the Articles mentioned, were committed by him
for publifhing feveral Libellous and Scandalous Papers,
which were proved againft them upon Oath j which Com-
mitments, even of a Feme Co'vert alfo, notwithftanding
Mr. Oates and Mr. Bedloe's Skill, were according to Law :
though there is no Law for thele perfons to call me to ac-
■"^count for Judicial ads done upon other men.
u , To the'fixth, which is an infolent Scandal, he refer-
reth himfelf to the teftimony of that Gentleman of Quality,
whoever he be.
-w? -■
7. To the feventh he faith. That the perlbnsin this At-
tide were Bayled and difcharged by the Court, where the
Attorney-General was firfl; called j but indeed Mr. Oates
and Mr. Beclloe*s Confent was not askt.
8. To
[7]
8. To the eighth , he faith , He conceives himfclf not
obliged to do all the bufinels that Juftices of the Peace hiay
do j and though without an offence he might have given fuch
an anfwer as is riientioned, yet He did hot, but a fervant of
his did.
* • r
p. To the ninth he faith, That^hen the Caufeiwas
tryed, he told the Jury the matter was plain , and fb did
the reft of the Court j upon which he went away, with-
out any Complement to Mr. Oatei' , - td try Caufes in Lori-
^on.
lo. To the tenth he {Mt\\yth2.tOsboHrne niadeonely two
Affidavits before him, the fubftance of one was. That one
Bowring a fervant to Mr. Oates had faid , that he had heard
Mr. Oates fay, That the Kingdom of England would never
flourifh, until it became Ele6i:ive, and the Kings chofen by
the People. The other Affidavit was , when he was fent
to him by an Order of Council to be Examined, vvherein ,
amongft other things he Swears, That though at the Tryal
of Knox and Lane, it was asked where Osborne was , and
.Gates his Counfcl anfwered that he was fled^ yet Osborne
fwears, that he at that time was at his. Fathers Houfe in the
Country,and that yir.Oates knew it; That he took his leave
of him the day before he went, and told whither he went,
and faw a Letter wrote by Mr. Oates to his Father to fend
for him ^ notwithftanding it was carreid at theTryal as if he
had been fled no man knew whither; fb that the Affidavit
which the Article chargeth me for permitting to be made,
was not Sworn before me.
11. He faith, it is more to be wondred hovv Mr. Oates
fhould dare to Charge that as an Article of Mifdeameanour,
which was faid in the Kings prefence, and yet repeated
falfe too.
12. ThsitOit Monmouth Affizes he did tell Mr.i5?d/(?^,that
he
[8]
he was more unfatisfied about Mr. hatighorns Tryal than
all the reft ; and the rather , for that he was credibly in-
formed fince the Tryal, that Mr. Langhorns Study was fo
fcimated, that he that walked in his Chamber could not fee
Mr. Langhorne write in his Study : which was Mr. Bedioes
Evidence.
1He faith , the matter complained of is a meet Con-
tra61:^\vith other Men , of which he thinks himfelf not
bound to give Mt.Oates and Mr,BeelIoe any othenAccount,
but that by the taking of Twenty Guinies he loft forty 9
and that his backwardnefs to go into Court to Wah^mans
Tryal, makes it look as if he had not had Ten thoufand
pound to favour Wah^man in this Tryal. ,
If .thefe Articles pall appear to your Majefiy'to be Fri'vo-
- loMs^or Scandalous .^or not true;. 1 humbly pray your Maje-
^ files jifi Refintment thereon^ HONOUR TO
, „ YOUR COURtS AT^D GOVERNMENT.
i G - • (
nr , ^ And that fuch dh unkpown Attempt may not go nn-
pHnijhed 9 That the Promoters may he left to be pro-
• ceeded ogainH according to Paw.
The Arftcles of ]Dr.r/#«f O^es and Mr. mlliarn Bedloe, agaiaft
theTord Chief Juftice Scroggs^ were heard this aitfa oflanuarf
1079. before the King and Council 9 and upon the hearing of faoih
tides, Dr. Oates and Captain Btdloe are left to be proceeded a^amft
according to Law.
^ P I S:
LETTER
T O A
I
F R I E N D.
Shewing From
SCRIPTURE^
Fathers,
AND
HOW FALSE
\
Royal Authority is Originally and Radically in
the People.
X^llus nafcitur liher ah Iniperie.
L 0 iiD OK-
Printed in th8 Year.
Zil
A
LETTER
I d A
F R I E N D.
SHEWING
•
From Scripture, Fathers, and Reafbn, howfalfe'
that State-Maxim is. Royal Authority is Origin
nally afid Radically in the People.
SIR,
I Have received the feveral Pamphlets ( you were pleafed to fend me ).
onthefubjedof the Succeffioni I have read them over and over, and
I am now very well fatisfiedinmy ownreafon, that. The Defcm of the
Craven cannot^ via juris, he impeached in the Right Line, by any AH whatfo-
ever. And indeed there is nothing more prevalent with me, againft the
exclufionof the Rightful Heir, than the Priniciple thatmuftbe made ufe
of,for the elFeding of that Enterprife. I have been ever told,that all thofe
Statutes that were enaded in the Reigns of//. 4. //. 5. H.6. R.3. H.y. and/7.8,
for the fettlement of the Crown, muft prefeppofe, that, Moyal Authority is Origi-
nally and Radio ally in the People \ and from them by confent derived to the King. On this
feme Principle mull our next Parliament then proceed, in cafe their relblution be,'
to alter theCourfe of Right Succeffion; or elfe what makes one of your Pamp hfe-
teers, ( aperfon, I am confident, either of the Jefuitical, or Puritanical Faftion^
toaflcrt, that the power the King hath, is derived from the confent of the People,
in the firft Conftitution of the Government. I will give you his very words.
"AstotheQueftion, whence the Parliamcvit derives the power, let him knoi^
" that the Parliament derive their Power and Authority from the fame original
" the King derives his: the King hath not his Power from them, nor they from
" the King; they both derive their Authority from the confent of the People
" in the firlt Conftitution of the Government, either tacit, orexprefs, of by their
"exprcfs or tacit confent, in the infenfible, and little, or great, or more remark-
" able Alterations, that the Government hath fulfered in the courfe of time, ^c.
Out of thefe fame words you and I may clearlv infer, that our Author is aa
Allcrtor (amongft other things j of this oneDodriat *,
A 2 ThA
E4.3
TliataU Tower is originally radically^ and formally inherent in the commmity^ ani
from thence is derived h the King and Parliament.
The Author mull be a very bold Britton that dare write and publifli Tuch perni-
cicus Antifflonarchical Stuff, Methinks thole Quarters on Lndgate flaould teach
him more trfodefty. Well, if aGatebenot his Fate, 'tis probable he may at laft,
for his Crows Qnill, meet with the Buridlof ah Afs. Had ibeenone of his Cabal,
1 Ihoiildhave advifedhim, infteadof the Statute of i^.EUz.. to have placed the
A(ftof \'i.Car. 2. Regis.c. I. that is jlow in force ( and long I pray God it may be
fo) to deter fucb as be for the future, frojn Treafohableand Seditious Pra<ffifes,
proceeding either from Printing, Writing, Preaching, or malicious and advifed
Speaking.
Having given yoiia fhort Aniihadverfion on the Author, and his Doctrine^ I
think my fell obliged (forthe Vindication of Truth, and the Monarchy of £«•
gland ) to fay fomewhat which maybe pertinent, towards the deftroying of our
hvtlhoxi Leviathan^ I Original Soveroign Power of Mr, MuliitHde : and for
theeffedlingof this, I fhall plainly fet down,
1. The PofitionI undertake to make good.
2. The Proofs of it, drawn from Scripture, Fathers, andReafon.
My Poiition then is this That God is the immediate Author of Soverdignty in the
King, and that he is no Creature of the Peoples making.
Scripture, Fathers and Realon fpeak it clearly, that Soveraign Power refers to
God, as to its immediate Author, and Donor; butthatit isunderivedly, primari-
ly, and natively in the community from thence transferred toKings .• Ne f/A quidem
Lucidiamim, not one Syllable. 1 begin firft with Hely Scripture, out of which I
fhall produce (pveral .Texts, to prove that the King and his Power are originally,and
immediately from" God,dependent from'him alone, and independent from alhdi
thers. . • • •
By me Kings reign , Proy. 8. 15. T'he powers thdi arei aredrdaincd of God, Rom.
13.2. I have faidye are Cods, Plal. 82. 8. Alt power is given from above, Joh.ip.
Cod hath fpoken it once, twice have J heard it, all power belongeth mto the Lord, Pfal.62.
11. when thou fhalt fay, I will fet a King over me, liks as all the Nations about me,
d-ou jhalt in any wife fet him King over thee, whom the Lord thy Cod jhall chufe. And
to delcend to.Particulars, doth ijot God by the mouth ofMs.Piophet Nathan, te^l
David ? I anointed thee King over Jfrael. Doth not Solomon acknowledge
I Km Lord hath cftablifhed him, and fet him on tire throne of his Fa-
* ' ther David? Was it not the faying of the Prophet in the per-
fonof God unto Jeroboam, I will give the kingdom untO thee 3 1 King. 11. Neither
the Kingdom only, and the powW of Princes, but all things elie proper unto
them, are -after a peculiar manner Gods. Their Crewi^, Pfal. 21. ThKw Anoint-
ing, Pfal. 89. Their Scepter, 2Chron. 9. And Throne ?i\t Gods, and their perfons
adorned with all thefe are fo Divine and Sacred, that they th emfeives are the An-
gels of Cod, 'and Sons of the mofi hi(h : 2 Sam. 14. Pfal. 82. Thefe Texts being
fufficient to prove my Pofition from Scripture, I come to the Suffrages of the Fa-
thers, and they affert, that the conflituting and making of Kings is rcfervedasa
privileged cafe, a proper Prerogative for God himitlf.
I begin with Tertullian, writing ad Scapulam, and he faith, That a Chrifiian is
enemy to none, much lefs to King and Emperor, whom he knowetbto he of Codls ConfiitU'
tion, and fo is neceffarily bound to love, reverence, and honour him, to whom with Ids Em-
pirehe wijheth alifafety, for when that pgrijheth, it is like the world will he at an end;
we honour the Emperor therefore f&mueh as we are allowed by Godls Law, and as much as
is expedient for him, as the man, who is next to Cod himfelf.
Clemens RomanusConflit.l.y.c- 17. fwjS, Fear, OX Honour the Fdfig, knowing that he
is ordained, or conflitutedby the Lord.
IrensUsXhwi, lib. <^. cont. Har, By whofe appointmetit they are born men^ jdy his ap-
poinfmentibey are rna^ Princes. . *
■ - ' Saint
t n
Saint Hio-ome'% iriind is ifiis, in his Comment on the fecorid of Daniel, Thai
Kims and Kingdoms have their conflitution, change, and dejiitHtion by the fule Royal Plea*
Jkre of Ood.
S. vindicates the making of Kings, abfolutcly to God, by ^ reafoh un-
anfwerable, Quia folas veras Dtusejl-, Bccatife he alone is the true God* His
ing IS, you may as well deny him to be the only true God, as robbing hmi of this
Prerogative of making Kings. Lib. ^.de Ctvtt. dci.c.
Twill once more cite with whom I will conclude; he in his Apologe-
tick againil the Gentiles, c. 30. tells us thus^ Inde efl fmperator, mde &homo an^
tccfaam Jmfcrator', inde potejtas tlH, mided' fpiritus. Thence has the Emperor htfpowir
whence hie fpirit. And that is by God only, who infufed into him his Soul by crea'
ting it.
You fee, that God in the Divinity of thefe five Fathers, is the immediate Au-
thor, and Creator of Sbvefaignty in Kings and Princes; who in preheminence ate
next to God, above all-, their authority fubordinate to, coordinate with none.
I fear, if thefe Holy Fathers were living now adays, they would be traduced ds
Court Paralltcs, or Penlioners.
But after ail this, our Confiderator, or youfOrhim, mayobjed, that if the So-
veraign Power of Princes be thus wholly from'God; how is it faid in Scripture,
that fome of the Kings were made by the People, and lb received their Regal
Power from them, and by their Eledion. Itisfaidof Saul, that All the people
■went to Gilgal, andihere made him king before the Lord. Of David, The men of Jadah
jmqinted David king of Judah; the elders of Jfrael anointed David king oi/er Ifratl:
i Sam n. 15; 2 Sam. 5. It is anfwered, ZadocJ^tilQ and Nathan the Pvb-
phet anointed So/owo?; King, and the Lord alfo anoiiited him, otherwife he had
not been the LordT Anointed, but the anointed of Zadockjand Nathan. The Lord
anointed as the Mailer of the Subftance, and gave unto him Regal Power;
Zadock^ and Nathan anointed Solomon, as Mafier of the (ftremofiy , and declared
God had given him this power. For outward Undion doth not confer upon
Kings, their Authority, but it is a fignonly of Soveraignty; becaufe if vve pour
Oil into the iame Veflel with any other Liquor, it will be alvvay upper-
moil. '
The Eiders then of fudah and Ifracl maiming David King, did manifell him to be
>beir King ^ but did not give unto him the Right unto bis"Kingdom; this was only
from ►. foirds
In like inanner, Saul firfl anttimed by the Lord, to be Captain over his Inheritance :
I Sam. 19. tipon the Petition of the t^eOpie- was feta King over thefti by the
Lord, and chofen immediately by God to beKing; he only gaveSWrjngly
Power, and not the People; and therefore when it is laid, That the people made Said
king-, it mull be underftood, that they only did put Saul into the ■pofleffion of the
Kingdom to reign over them.
, But our Author may objed further, and fay thus, admit the power of Prince's
be not from the People, yet it is often derived unto them from their Progenitors
by fuccelTion, or obtained by their own Conquell, how then is it only and inimedl-
ately from God.
1 return this Anfwer, that SuccelTion and lawful Conqucft are Titles whef^eby
Princes receive their Authority, they are not the original and immediate Fountain
of this Authority. Heat, moifture, cold, drinefs, and our temper arifing frorri
them ( whim we are falhioned in our Mothers womb) are preparatives whereby
our Bodies are made Receptacles for our Souls b it the Creator of our Soul is God.-
fo Princes have jult claim unto their Soveraign Power by the Titles of Succefiiom
and Conqueft, but the prime Author of their Power is God. In brief, though
the Defignation or Deputation of the perfon be b'yeledion, fucceifion, conquell,
&€. yet the Royal Power and Soveraignty is from God, primarily^ formally aii^
immediately,' zs Matthias was defigned by the Apoftles fctting of him apart, afid
CO
the falling of the Lot upon him, but the Apollolical Power was immediately, and
lolelyfroni Chrift. ^o a Woman by her choice and confentdefigiieth her Husband,
but the Marital Power and Dominion is only from God. So .hat you clearly fee,
that an humane Aft may dcflgn the perfon of a King, but y t the power is confer-
red by God alone. Having anfvvered the objedions that may be ftarted by our
Author , and clearly evidenced from Scripture, and the Suffrages of ancient Fa-
thers, That there is no fn^reme^ or Royal Power.) but from God alone'., and conlequent-
ly he isfole Donor, and Soveraignty relates to him, astoits immediate Author,
1 come to prove in the third place, by feveral reafons that the Collation, or Dona-
tionof Soveraign Power cannot be from the Community.
That God then is the Author of all Government, and Soveraign Power fnall be
tnanifefted by thefe Arguments following.
1. The lame, that is Author of all Creatures in their Being and Exiflence, mull
be Author of their Subliftence, and prefervation in that Being and Exiftence. It is
an infallible Maxim in the Schools, in Nature, m Scripture^ He that give;h Beings
is the fame thatpreferveth Being. ' Creation is begun Coufervation, and Confervation
is a continued Creation we afliime ; things made exiftent by Creation, cannot
fubfift and have continuance, but by order, and Government; from whence it will
naturally follow, God muft be fhe Author of this Order, and Government ^ and
confequently hath not left it arbitrary toman (as the Hebbaans vainly fancy ) by
compofitionand conlent to do it. The authority of S. Aafiin fhall be produced to
ftrengthen this Argument: Generate paSlum eft (fays he J focietatis
Lib.^.ConfeJf. hftmana obedtre Regtbus fnis : It is anatnral, a general^ anmiverfalcom-
' C.8. pabl) coventof humane fociety to obey their Kings. In this Father's Dia-
left. Generate pabium is theDiflateof Nature, the Law and Ordinance
of God Almighty *, if ,it be lb f as indeed it is) I would beg the favour that our
Author will! hew as much for Ariftocracy, or Democracy, as here is for Monarchy:
in cafe he does, he Iha^l be my ApoUo for ever.
2. If this Soveraignty be natively inherent In the thing called the it
muff; be proper toeveiy individual of. the Community : if itbefo,4aaid muft be lb
according to the Tenet of the Seflarift, which is inforced by that other as ground-
lefs and falfe State- Maxim, which they hold, That every one is bom a Free man in the
.Fo eft-J then will follow of neceflity, that the Generation and Pofterky of tbo<e
•who have firft contradcd with their eledled King, not-latiund l, jvovent,
but upon their native Right and Liberty may rwdc, appoint anc*^ ^ Ring? and
that without breach of Covent, orijpy ^ift Title in the King of their Fathers, to
force,, or reduce them to his obedlcnire : an excellent way devifed topreferve King
and kingdom in peace and lafety. , ,
3 . It isabfilrdtofay, and maintain in true Philofophy, that the Community is
the firft Seat, and Subjeift in which Soveraignty is immediately fixed.? How can
it be laid fo, leeiiig in them it was never found, never aduated, never cxercifed?
Vana eft potentia, qua -aunquam reduatr in Actum.
4. This Tenet of our Author prefuppofeth, that all men coming into the world,
are by the Right and Privilege of nature originally born equal, independent one from a~
mther, without dtfparity or difference one from another. This is contradidory to the
Word of God, which teacheth that God did fix Government in A-
The moft Lear- damhcloLc the Woman was made, or Children begotten by him. Is
}enTt\t''that Cometh into the world begotten of a Father? Is
Text U tht ^y Nature to fubmit and fubjed
firft chrterof himfelf in reverence and obedience to his Father ? is he not then fo
Geneiis, far from having original power inherent in himfelf, that he hath not
his own original bemg in the c,tpacity ef nature, but from llis Father ?
u How
C/], , _
How then can he be freed from fubjeftion to his Father? and if his Father be
fubjed to another, is he not by the fame Law fubjed to his Fathers S ipcriorwho
can make this fubordination void, except he will ranverie the Ordinance of God
and nature ? where then is the veracity ofthis fallacious Maxim which hath worked
fo much mifchief in our Kingdom, Every manuborna Freeman in thenorefl'^ Ar$
they not fubordinate, llibjed to their pre-exifteut Father, and to'his Superiour
too, if he have any? Is not the Female Sex by the ordinance of God and nat. re,
inferiour and fubordinate to the Male ? Doth not nature teac h that the Wife by the
Law of nature is fubjed to the Husband ? it did fo in my great Grandfathers days,
whether it does fo now or not, let Our Author give you an anfwer ^ for I Inppofe
him to be a married man, or Widower with Children, feeing heisfo carefulofpo-
. fterity.
5. If all power be originally in the People, then it will,by confeqnence follow,
that the lawful authority of a Father over his Children, and a Husband over his
Wife, are derived from the Children and Wife, and the Children and Wife in
■fome Cafes may refume their power, derived from them and their native Liberty.
If our Author will aver fo, he is to be cudgelled, not tobeanfwered.
Thefixthand laft Argument-/Cod only hath the power of Man's life^ No
Man is Domnit^ vitiz fna. Whofo taketh away the Life of Man, in God's Jullice
and Ordinance, his life is to be taken away again. This principally and prorerly
belongeth to God; but God hath given this to fome Deputies. This power is
not given to every one. This were to deftroy mankind,and make God the God of
Diforder and Confufion. Someman itisthen by diftindion and excellency, who
is God's Deputy, and then this can be none elfe but he, in whom isScveraign
Power; and this power is from none elfe but from God Almighty; and if this
power over life be from God, why not all Soveraign Power? feeing it is Homo-
geneous, and as Jurifts fay, In indivifiMi poftaA thing indiviiible in its nature
cannot be diftradted, put away, nor impaired: as a Crown, take any part from
it, it is no more a crown.
To conclude with the very words of the moft famous Earl of Clarendon-^ This
folepropofirion, that men cannot difpofeof their own lives, hath always, been held
as a manifefl and undeniable argument, that Soveraigns never, had, norcaiihave
their Power from the People. . -
My Reafons being thus prefented to you, 1 will anfwer fome Arguments, that
our Author, I know, isfurnilhed with, to prove, that God is not the immedi-
■ate Donor, the Author, the Efficient, the Conftituent of Kings, and th^ir Sove-
raign Power. And his Arguments, (which indeed you will,find to be mepr Pare-
Iqgifms) Sophifms, or captious Reafonings ^ are fuch as thefe.
I. Hisfirfl Argument may be framed thus •, neither the Law of God, or Na:*
ture, determine, that Monarchy is the Government, or Ariftocracy the Govera-
mcnt, or Democracy the Government*, or why one more than more, and fome
few more than many ffiould have the fupremacy *, ergo the Donation of the Power,
-the Collation of Supremacy, is by derivation from the People to the Governor, or
Governors.
To this Argument, I anfwer thus *, It is an Inconfequence-; becatife although!
fhould grant all the Antecedent, and that the fpecification of the Government,
the people defigning (if ever any people were fo really to be ffee of" GovernmeuC,
becaufe it is imaginable, let us grant it as real) either one to have the Soveraign-
ty overthem, as in Monarchy, orfomefewof thebetter fort, as in Ariftocracy,
or many as in Democracy, it will not follow, ergo, Soverajgnty in pne, few; eg
many, is by derivation and donation from them.;- becaufe; their aff in this is only
to
in
■f-ciapointone perfon, Or more, or many pcrfons to be Governor, or Goveriiors
for the Government: the Collation ot the power followeth upon this delignatiori,
and deputation of thepcrlon orperfons, from theimmcdiati Donation and Ordi-
nation of God. As when fuch and futh men are defigncd to Holy Orders, and
Funftions, thedehgnationof the perfon and perfons is the work, and Act of the
Church *, but the collation of the power is the proper, peculiar and immediate
work and aft of God, as all knowing and found Divines do willmgly acknow-
ledge;
Toreafon therefore from the power, which defigneth and deputeth a perfon, or
perfons for the charge-, to the power of collating, or giving the power it felf, isa
Sophiftical Caption, which the Schools tall DiBwnis, where there is a pro-
poling in the Antecedent in one kind, and concluding in the confequent in ano«
ther and different kind.
2. His fecond Argument may be this; that which is of that condition, and
temper, that it may be enlarged or ftraitned : that which aftually and experiment-
ally is found various and different, it cannot be fuch by any conftitution of nature,
orfnfticutionof God", but MonarchichalPower is fuch, ergo.
The Major of his Syllogifm muft be feme way better qualified: otherwife it
will conculde nothing, or too much, which is the equivalent in the Rtiles of right
Rcafoning to that, to conclude nothing. In the fame manner I will reafon, every
man hath not a little meafure of Knowledge, Realbnor Difcourfe: but forae are
more, fome are lefs knowing Men: iome more, fome lefs rational, fr^oknow-
ledge, reafon, &c. are not natural to man. The conlequence halts like Loyala\
becaufc to reafon, Ab exercito adaclnm Jigmtum, Or contrariwife, will not al-
ways hold ; or to reafon a fotemta fecunda ad primam vel e contra^ from the dif*
ference in the exercife, to conclude a difierence or dilparity in the firft capacity, is
inconfequent. To be rational in the firfi capacity^ and natural pomr, is cliential to
all men, and equal in all: hut in the ufe, the exercife of the Rational Fatuity, there
isa vaft difparity, becaufe of a great latitude in different aftual ability; nature ad-
mits a great variety in the ufe and exercife of her natural powers, that all are hot a
like fitted, and enabled for the fecond Afts. in the firft capacity nature is lb juftj
fo equal, fo indulgent to all, that the native firft Radical Power being of it felf
in tnd vifibtli, is equal in all-, no lefs in the leaft knowing man, than in him ( fuch is'
cur Author ; who in lharpnefs of wit approacheth nearcft to Angelical and
Nbeticai Spirits.
I could give you Tnftances as well in Moral and Divine things as in natural, but
for the fake of Brevity I will pretermit them.
The Rcfult of what 1 have laid, is this, That feeing in things natural, c^c.
this accidental and fiipervenient variety iii their exercife deftroyeth not the true
Elftnce, andinfeparableeftentialsof things tilemfelves, but naturally they are uni-
form, and equally thefame^ fo in the different Monarchies of the world, the di-
fparity and difference of the eXerdling of Monarchical Power, which is acciden.
tal, maketh rhem not fpecifically and eifentialiy different, and diverfe. But before
I leave this Argument, I muft entreat you toconfider, that I maintain not, 1 plead
not at this time for a Difpotical Soveraignty^ an abfclute Power, fuch as the great
Turk this day exercifcs over his Subjefts.- 1 maintain only fuch Royal, Paternal
Soveraignty, as we and our Anceftors have lived long, and happily under. This
as it hath its Royal Prerogatives inherent naturally in the Crown, and infeparably
from it -, fo it treiicheth not upon the liberty of the perfon, or the propriety of
the Goods of the Subjefts, but in and by the lawful and juft afts of Jurifdiftion.
In a word, this Government of ours is finely defcribed by the Royal Pen of King
Charles the glorious Martyr, writing to the Prince of Waks^ The next
main
-<-9:
fnaih hiȣ., fays he, ..M which your profferity will depend, and nwve, is that of Civil
Jufiice, wherein the fettled Lawsef thefe Kingdoms, to which you are rightly Hiir,
are the mof excellent rules you can govern by, which by an admirable temperament give
very much to Subjeois Indufiry, Liberty, and Happinefs', and yet referve enctrh to the
Majejly and Prerogative of any King, who owns his People as Subjetis, net as SLvss',
whofe fubjeElion, as it preferves their Property, Peuce and Safety •, fo it will never dimi~
nifh your Rights, nor their ingenuous Liberties, which cenfifi w the enjoyment of the f uits
of their Indufiry, and the benefit of thofe Laws , to which themfelues have cotfen-
ted.
Thus fSirJI have endeavoured ( fo far as I amable)to vindicate Truth, and hii
Majellies Soveraign Power againft all Papal and Democratical Praildifts, by de-
monftrating to you from Scripture, Fathers and That God is the im.-
mediate Author of Soveraignty in the King, and that he is no Creature of the Peoples
Making.
'Tis high time to put a period to my Letter : I crave your pardon for its length:
^bjitheforel do lb, I will, being well allured,by reading our Authors Animadveriions
throughout, he has btftrid this Afs, the Multitude, ever fince Foity One-, 1 will,
1 fay, prefent to your view a Catalogue of the Trappings, that this 13eafl; is adorn-
ed withal, and they are thefe That
Royal Authority is original in the Community, from them by confent derived to Kings
immediately, mediately only from God.
God is no more the Author of R gd, than of A -ifiocratical, or Democratical Power i,
of fupreme, than of fubordinate Command.
Dominion which is ufurped, and not jufi, while it rerhains Dominion, and till it he le-
ffally again dtvejled, refers to God, as to its Author, and Donor, as much as that, which
« Hereditary.
Soveraignty and Power in a King is by conveyance from the People, by a Trufi devolve
ed upon htm and that it is conditionate, fiduciary, and proportioned according as' it plea-
feth the Community to entrufi more, or lefs.
Royal Power in a King is not fmply fupreme, but in fame cafes there is a Co-ordi-
note Power, or Collateral: nay, that in fame cafes the King is fubordmate to the Com-
munity.
In fome cafes the King may be reftfled and oppofed by violence, force, and Arms, at leaft
in a defen five way.
Soveraignty is derived to the King from the People, by communication, fo that they may
refumeitin fome cafes.
A p 'ivate man may make away his perfonal liberty, and enjlave himfelf to another, er-
go a Peopleor Multitude may do the like, andinvefi a King with Save, aignty.
Neither Scripture nor nature determine the fpe cification of Government, nor do they inti-
mate, why this man more than another, <fr he than a third, er thefe more than thofe Jhould
have the power ef Government.
Every Society of Mankind is a perfeU Republickj andconfequently the community may
fupply and reEHfie the defetis and errors of Soveraignty.
If there were not fuchapower and fuperintendency in the people to fupply, God hath left
Man remedilefs.
The Right of Dominion is founded in Grace,
Hex eil major ifingulis, minor univerlis.
Quod efficittale, eft magis tale That which maketh any thing fuch or fnch, is in
it felf much more fuch or fuchour Author and his Brethren will be ready to alTume
hut the People make the King, give him all the Power and Majcfiy he hathergo the People
art above the King, &C.
C Quilque
E.o]
• Quilquenafcitur liber Every man is bornaFrecman intheFoYeJi'.
Pray God, we do not inftead of a J^oreft, come again into a Wood. Thcle
Principles are the right way to effedt it.
FINIS.
As it was taken in the
Queens Chappel.
' , 1 .11
L 0 0
Printed in the Year^ i 1.
I
• * * , «
Drawn to the LIFE.
OU may as well t;ell me, ^ that the Moon is
■ made of ^a To^mk-ForK^ , b£eaufejjl& "ap-
pear's fometimes wi$ t"^6 Hofhs^^^r^Believ^
•'what'? ,,Ttiat^;''Meger ,^V'%firahge
Efouire, was 'at the Creeps Chappd^ '^fince ' the . King?
Reftauration—*—Why^ his Fidure was;" taken thercT^
His Pidprc ^takcn there /; ..that s tmpoifi^ie'"~;^Eor' lie
goes al^^Vs with a Hood over his fec^rn—rrWl^ije is
'idured to- -So that whcn ev^ryou Tec a^mahpain-
picture him with two Faces, like Janus, the one lookipl
A 2 tow'atc
-r
i.
i?
' <[
(!!
C4)
toY/ard the Proteftant, the other toward the Popifli Re-
ligion, with a wide Mouth; indeavouring, like Saturn,
to devour the Evidence of the Popilh Plot, 2.ndL2i Label,-
crying our. Oh! the Profufenefs ofthePrefs-^ carrying.'
in his Hand either d. Dialogue, or a. Letter to a FrienXi
or a Quotation of his own Pamphlets to make up thei
Price 5 and la{lly,an Attorney Sticking in the wafte of his
Breeches, like an old falhioned Pen and Ink-horn. O-
thers picture him with a pair of Scates, Biding out of
harmes way, with a painted Coat upon his back, con-
taining the Pedigree of his Gentility, fupported by
Vain-§ory, and Ojientation, with his two great Purifica-
tion Oaths, by his Mak^, and the Everlafiing God,
Thus much for his Outfide.
Now for his Infide, the Painters have found out a
new way to dip their Pencils in Credible Teftimony,
and AuthchtickDepofition5 the Colours of which have
that Property, that they are never to be defaced. So
that if you (hould fee him painted in the Queens
Chappel, in the Colours of thefc Depofitions, a hun-
dred years hence, you would almoft fwear him to be
alive, and the very fame man.
Now for your better fatisfadtion. Til give you a fight
of all thefe Depofitions, which I perceive you have
not not feen, though Printed. already in their parti-
cular Sheets. There's your Vltramarine, there's your
pure La^, there's your rich Vermillian, there's your
fine Ceru[e, ;^d there's your delicate Cherry-Stone black:
As for Exaniple, There's firft, Mr. Prances Depofition,
taken before the Earl of Clarendon, and the Earl of
Craven, OPlob, 25.1^80. This Deponant faith. That a-
bout &ee years fince Mt.Roger VEjitangexlcitec
or four times kneeling at Mafs, in the Queens Chap-
(3) . V ~
Midduj.Q. The Information of Lawrence MbW-
bray, ta(en upon Oath the 25th.
of Odiober , 1680, Before the
Right Honourable the Earl of
Clarendon, and the Earl of Crai-,
ven, tm) of his Majeliies fufikes
of the Peace for the jfaid County,
?• at
THi^ Deponent faith, that about the firft
or fecond Sunday in June 77. An ac-
quaintance of one Anderfon (which (iAnderfon
was Servant to Mr. Allahon in Greys-Inn^
being with him in the Queens Chappel , fa-
luted immediately, after Mafs, a Pcrfon, whom
he told this Deponent was Mr. L'Strange^
who Licenced Bookes, This Deponent faith^
that he hath once fince feen the faid Mr. L'
Strange at Mafs in the CJueens Chappel, and
faw him to be the fame man he formerly (aw
there.
Hitherto, there is nothing Sworn, but that he
was feen at Mafs, concerning which I have gi-
yen my fence already, that all that went ^ to the
Queens Chappel out of Curiofity were not pre-
fently to be accompted Papifts. There muft be
fomething elfe then to make men Judges what o-
ther Inducements carry'd him thither 5 or whether
any other Inducements or no ? To which purpofe I
have inferted thefe Informations that follow.
The
(4)
. MMej:ff. Jhe ExMinatioh of jmQ Curtifi,
taken Before the Bight Honour'
able the Earl of Clarendon, the
Earl of ElTex, and the Earl of
Craven bis Majeflies Jujlices of
^ ' the Peace for the faid County of
Middlefex y Odtober, 27. 16S0,
Examinant faith that about the
middle, or toward the Latter end of the
Month of ]uhe Lafl, Mr, L'Strange came to
her houfe fher Husband being cut of Town)
and there accus'd her and her Husband for
Printing and Publifhing divers bookes, which'
he faid wbre • very dangerous againft the Go-
vcrnment / naming feveral Pamphlets which
Ihe knew nothing of; and though fhc truely did
deny her fclf concerhd in any fuch thing, yet
he perfifted that he would prove it, and pro-
ceeded to threaten that it lay in his power to'
ruin her and her Husband, and then told her
of his great Interefl: at Court, and that if
(he would tell him, who (et her on to pubiifti
iuch books, he would take her off from all
. trouble , and prbmifed to do great things for
her Husband. But fhe denying that (he was
ever concerned in (uch praSices, or had ever
beetl urg'd or inftigated thereunto by any, he
(aid that was falle, and that (he had been in"
fiuenc'd
• t ■*
(5)
fliaenc'd and ftaid up by ill men, and that be-
kived it was Omi and his Gang, and, (aid he,
you know what fome of them Cfpeaking of Oates
and thofe he caifdhis Gang) are come to ak
read^'', and I do not queftion but I lliall fee them
ail hanged ere long, ifind he refufed to Licence
feveral books wherein there was any^ thing a-
gainftthe Papifts, mere particularly thofe two,
bookes fhe lliewed your Lordfliips, which he
Swore by his iVlakcr, he would not Licence
for five hundred pounds ; which books upon
the firft fight were Licens'd by the Lord Bi-
fhop of London* * i
' \ r * .
Weftmin. / Infomatton of ]okp\\ Bennet
Lihfrt. ^ Giles'/ in the fields Sta-
tioner, ta^en upon Oath befote
the Lords Committees, for exani-^
ination of matters relating to the
late horrid Plot Sworn before the
Right Honourable the Earl of
Clarendon, one of his Majeflies,^
^ujiices of the Peace for the [aid
City this 5 oth. of OSob. 1680.
WHO faith', that he did becorne
bay! , and entefd into Bond be-
fore one of the Clerks of the Council for onje
Captain Eliy that he fliould appear the firft day
C of
of this Terrti at the Kings Bench barr, which
faid Captain Eli was then a ftranger to him ;
but Roger L' Strange Efq; one of His Majeft-
ies Juftices of the Peace, being at Mr. Hintom
the Apothecaries, near this informants Houle,
ftnt for this Infortiiant, and then told him. Cap-
tain Eli was a friend of his^ and an honeft man,
and therefore he the laid jufticedid requeft this
Jnfotmanf to become Bail for the faid Captain
Eli, and the faid L ' Stranged'la thtn promife
thi^ Informant to give bim fecuriry to favt him
liarmeiersya nd prcter?ded he would then have done
it, had he not been in great "haft. And the faid
Mr. L'Strange did tell this Informant he,had
fent for another perfbn to bail the faid Captain
Eli, but he not being to be found, he therefore
fent for this Informant, and faid he would take it
as a great kindnefs from this Informant,
The Information of Richard Fletcher,of St, VedafI
alias Fader, London, Phifician, ta^n as before,
WH O faith, tliat about three years
agoe he met L'Strange Elq;
at the Half'Moon Tavern in Cheap-fide about Li-
ccnfing a book entitl'd. The work es of Geber an
aJrabian Prince and Philofopher, and gave Mr,
L'Strange a Guinyfor his L'cenfe, andadif-
conrfe h^pening about Religion, Mr. L'Strange
asked of what Religion this Informant vv'as ? who
anfwer-
(l)
anfweredja Catholick, L* Strange replyej are you
a Koman Catholick ? This Informant anlwercd
that was Nonfence.Catholick being univerfal^and
not to be circumfcri b'd. Then trange bid this
informant explain himfelf. I anfwered, that Fahb
that iprcugbt the fear of God and to do rigbteoujly^
doth declare thofc that are of the Catholick
Church,which I take to be the Church of England:
Mr. L'Htrange then declar'd himftff to be a
Catholick of Romey and to beleive the Faith
of that Church, and told this Informant that
his difinition was too large. This Informant
then ask'd the laid L*Strangey whether the
Pope were the head of that Church, of which
he acknowledged himfelf a Member? whoan-
(wered he was, and hoped ere long, many o^
thers would return to that Church, or to that
•cfFcft, and further faith not-
^ As to my o^n Affidavit, which is the hrft here
produced, I do find Mr. L 'STRANGE triumph-
ing in the 35. Page of his Appeal , that I had feen
him no more than three or four times at Mafs, at
Somerfet Houfe. Jfhereupo?2, (fays he,) I did with the
viofl horrid Solemnity of Imprecation Imaginable, declare
my felf to be of the Religion of the Church o/En2;Iand,
.and that I had never entred into einy Popijh Chappel.
or been prefent at any Mafs fince bis Majefiie's Re^
turn. Which Proteflation I do here again refume, in-
tending by thefe words His Majefties P^eturn, the
Kings bleffed Refiauration in the year 1660. And
then, as if he thought tliis Proteifation not fiffici-
ent y
C8)
ent 5 he makes a note upon the great abatement ox
my reching^- as hdn^ ajfured by report, tliat I had
fworn i?i the covipariy of Care^ Curtifs ^iid others,
that I had feen him at Mafs, at kaft^ or about a hundred
times, . *
As for what he was aflur'd of by report, I va-
lue it not: neither is it material to the Poynr, as
being of little or no force againif him. The dif-
ference is between his Trot eft at ion , and my Oath.
Which I have here confirmed by the Oath of an-
other Perfon , Mr. Mowbray by name, who likewife
fwears he faw him twice in the year 1^77. at a
fopijh Chap^el, that is to fay at Sotnerfet-Houfte:
To the great difparagement ol that part of his Pro-
teftation, never ftnce the Kings Reftauration^ which
in the year^ 1660. Now 1 would never have tak-
en notice of Mr. L'Stranges folemn Declaration,
had it been upon any other account but this, that
either he has fome particular referves to himfelf, or
I mufl: be perjur'd, and that fhould he now go un-
anfwered (which is a thing he boafts of) the lharfi
Twdts which he li^s given the Kings Evidence would
pafs for Currant, and he would come to be a quot-
ed Author againft Us. And therefore I do as pub-
lickly and as folemnly declare as he has done, that
I am a5 tender of Swearing to the detriment of my
Neighbour as any other perfon that aimes at the
Enjoyment of a future Happinefs. For my part I
know not to what very great purpofe tiie latter
part of his Declaration was made. For having fo
folemnly declared himfelf of the Church of England^
what if he had been feen twenty tmies at a Popilh_
Chappel ? But that part of his Poteftation was per-
ticLiiarly level'd at my Oath, wdiich I am oblig'd to
uphold fo farr as honeftly I may. And that too
wath-
. , .. '<?)
• ^ »-
without any refle£i:ion upon Mr, VEflrange^s Honefty
Or Ws Loyalty, fully believing neither to be inconfi-
ftent with the Profeflion of the Popifh Religion.
^ In his C^/fT, where he. talks to himfelf in his own
Caufe , under the Pcrfons of Zsl^iel and Ephraim , "
like one that playcs ar"TabIes with his right Hand
again ft his left ; Ephraim tells Xehiel, that he was
rounded in theEar^that Prance bad T^nWitnejjes in readi-
nefs to profs that L'Efir^nce h^dbeen Forty times at
•t' ^ ^ n'
'Mafs here , and folemnly IVorJhippina according to , the
Profefpon of the Komijh Communion. , , • 'J - i
• 'Hi;
And thus' I wtio made a Confeflton , fo' re-
marakblcjand thereby difcover'd that bloody^d'eed of
darknefs, which enli'ghteh'd the,'Avhole Nafibn., /am
here rendred as one that ^kept Wit neffes inreadinefs^
or rather, pickTd Witneffesfor pre|cnt ufe. By this
means, in a Qiort time, -the MurtHer of Sr. "Edmon-
t' »*f
hiiry Godfrey^ will be as lifcle belrevM as the dlly Sto-
ry oi ^r.Poivel. To which purpoleMr.
Narrative of the Plot Teems to have .but: odly'X/ou-
pl'd that foul Fa£i:, with the ridiculc'of Mr.'Tiirye/'s
efcape., which renders the Frame work very^. fufpici-
ou"". For though it be true , that the difparagement
of a juggle^ rtoxpay meahens the TruthYet there may
be that manner of fpeaking , and that Art ipade'ide
of in the contexture'of Words , that may over turn
that Maxime. With fubmifllon to Mc. L'EUrange ,
there is in that place (Nar. P. i fuch a mixture of.
the meanefi: fourberies of Rrpcrf, which the mbft.in-
conliderable Circumftahce of the DiTcovery, that my
flrnder Opinion is, that a more prudent Pi'ogreflion
in Logick ought to have fupported,the violent" Death
of Sir Ednmnbury Godfrey. For if'the S'cory dfMon-
D fieur
y
C to)
fieur CJiO^newx* Fire-works, were never prov'd the fuf-
pUioh (jf Tukssbury Muftard-Balls^ was never yet ac-
counted the gre^teft Argument of the Plot. And if
thebufinefs of $\r Henry Titchbonrns Armes were not
made out, the Surmife of the Blach^Bills lies as much
at'the Mercy of any mans Belief, without any preju-
dice to. the Belief of the Plotand thus Pofterity
ihall Argne from Circumftances not much material,
yvh^tber they are believed or no, the falfhood of the
grea.teO: Difcoveries of the Grand Plot that ever was
made in the World. jEfpecially when Mr. L'Eftrange
fliall gadabout to convince the World of the falfhood
and Perjury of the chief Evidence of bis Mucther. For
my part, 1 much wonder why Mr. UEfirange (hould
fo much trouble himfelf with his SchifmaticabFlot,
They who difeovered the Popifli-Plot, produced the
Confpirators, nam'd their Names, brought their Evi-
dence againft them,and were the occafion of Sentence
and Execution. If Mr. L'jirange knew of any Schif'
matkal or Thanatic\ Plot, He ought to have done the
fame. Otherwife upon no other Grounds but the '
wandring Notions of unlicens'd Books, to cry out a
Thanatick^^\ot^\s but juBjas when they cry outthie'ves
at one end of the Houfe, and at the fame time to cry
'out Thieves at the other end, and thereby to diftrafi:,
and difcompofe the Defence of the whole.
In the next place I obferve, that when, in your Ap-
-peal, you have dignified Mr. Cah with the meaneftof
Chara&ers ("though in fome Sheets of Mr. Cares there
are thofe things produc'd, that will take up Mr.
L'Efirange a full year to Anfwer by way of Dialogue.
You tell the World he wrote my Narrative. That
is to fay, my Narrative was a pittiful contemptible
thing, and confequently little to be credited. Never-
thelefs. infuch a Narrative as that, neither the Lan-
guage
r.«')
guage,as I humbly conceivcjnor the pcrfon that wrote
it were to much to be regarded, as the Verity of the
matter of Fa61:. And many people perhaps fee with
Mr. VEflranges Eyes, and out of a Refpe^i to his In-
geniiity, Judg with his Judgment, In which Refpe^l: I
am a little induced toqueftion Mr. UEjiratjges Co of-
ten by himfelf affertcd difference and kindnefsto the
Kings Evidence, for giving fuch a publick Advertife-
ment of my Narrative, after he had made the Writer
fo miferably Ridiculous, he might have profecnted his
Revenge, without fuch * an unfea/bnable Rtflecfion.
But whoever affifted as to the Form , the matter was
mine, and publick Juftice is fatisfied. •
icamenovv to the Information Curtis^ the
fubftance of which is, That Mr. L'EJirangsi'peak'wg
of Dates and his Gang^ did not quejiion but to
fco them all hangd ere lon^g^ and that he.refua'd to Li-
ceofc 1 Books,Swearing he would not do it for 500 /.
which afterwards the Lord BiQiop London Licenfed
'at firllught.
In the firft place I muft certainly conclude my felf
to be comprehended in Mr UEfiraages^ kind wifhes,
as confcffing my felf to be one of thofe which he called
of the Gang, As for the woman that fwore the Oath
the World ha? not been heard as yet to give her any
other Chara^er than of a Painful and InduftriousWo-
man, very much incrufted,and a fair Dealer ; Whe"
ther fhe have fworn true or falfe, I will npt undertake
to determine, that is to her own Conicience. • Bnt if
(he have fworn true, as there is little rcalon to mi(-
doubt, where there is fo little reafon to furmife to the
contrary. Then it is not his twitting her Hqtband
with a Fooltfh trichjjc hath tak^n up of winding up hif
No[e and jhen'tng his Teetb^ will free him from the
heavy cenfures that will iollow: But ,twas no wonder
he fell fo foul upon the Husband, when the Wife lay
fo heavy upon him. What
c '
)
■ r' -)
What will be thought of him , who in an Appeal
tdth'e Kings moji e.xcdlent Majejiy^ and the three Kjiates
aj^emhied in Parliament^ had produced fo many Oj^O'
iations from his own IVritings to teftihe the Efteein and
Honour he had for thr Kings Evidence ? What will
be thought of thole Ojiotations themfelves ? and that
particular to the Doftor, they are won-
derfiil things^ DoSlor^ which yon have done^ and I am
jperjwaded that yon are referved for more wonderful
things to come^ but that they were only the Compli-
ments of Scorn and Derifion ? For Deiifion is many
times as Complimentai as Friendfhip it felf. And this
is mofi: ccrtain/hat he that wilhes another man hang'd,
can never have an efteem for his Perfon. For my part
until this Difference be decided, I muft be convinced
he has no kindnefsfor me. And then the World mufi:
conclude him partial as to my concerns. And I will
go a little farther to put it to the Vote among all tjbofe
of the true Church of England^ how well it became
the Charity of a declared Church of E»^/j«^-Man, to
wifh Oats and all his Gang in the Hangman's Nooze ?
And it may be queftion'd, whether fuch a one be what
he aflfirms himfclf to be,let him proteft never fo deep-
ly-
As for the latter part of this Information, I will
not undertake to be a Compicent Judg of Mr.
h'Eflrange*s Learning, or whether it be fuperiour to
that of anyone of the Lord Bifhop oi London's Chap-
lains ; but me thinks it feems a littleod to my weak
Judgment, that there fhould be fuch a vaft difference
in the Opinions of two iuch Eminent men of the
Church of England^is Mr. UEJirange and the Bifliops
Chaplain, that the one fhould refute, and fwear by his
Maker^ he would not Licence a couple of Sheets, no,
not for five hundred pounds good fmilingTemp-
Cation) which the other did Gratis^ at the firft fight.
And
X
And yet we have as little Reafon to queftion the Ley- •
alcy and Inte8;rity of my Lord Bilhop of Londons
Chaplains, as we have to queftion Mr. L'Ejirangef. So
that it folio ws,that it muft be either a very great weak-
nefs or overfight, either in the one or the other. Now
you'l fay, what were the Titles, or what the SubjeSs
of thofe two Sheets. The one was. The CharaBer of a
Turbnlent Pragmatical Jefiite ^ and FaBiotfs Komifh
Friefl. Epitom'zing their Continual Difturbancies of
Church and State, and particularly giving an Ac*
count of the Death of.the Emperor Henry the yth,
who was Murdered by one Bernardine^ a predicant
Fryer, that gave him Poyfon in the Holy Euchariji. Li-
cenred,0^. 1678. The other, A Letter from a
Catholick^ Gentleman to his Popi/h Friends^ then to he
exiPd from London, Ironically adviftng them to obey
their Ghoftly Fathers, and not the King ^ and thereby
taking an occafton to {hew how little the Papifts re-
garded Tefis or Oaths, to whom a Difpenfation from
the Pope was always an Infallible help at Maxp, againft:
Per'jHrie. Licenfcd, 1678.
Thefe were the two fcare-Crowes that fo terriftcd
Mr. L*Efrange,ar\6 which wereof fuch dangerous con-
fequence to the Government, and the Church of En-
gland,ihzthe would nor Liccnfe them for 500 /. And
yet it is apparent, they were Licenfed, and by thoi'e
who were as Chary of offending the Government, or
the Church of England as he could be. It were almoft
. madnefs to think that thofe Reverend Gentlemen who
were entrufted with the Licenfing of Books, at Lain-,
, I
beth ov London-Houie, fliould be To inconfiderate, or
fo unfaithful to let go or connive at any thing preju-
dicial to the Church and State. Unless there be any
that think the Art and Judgment of Licenftng fuch a
Miftery, that only Mr. VEftrange has obtained it by
long Practice.But there may be lomethingin the Cafe
E indeed ;•
C 'r4 5
- »
.* wonderful Gentlemen, Dich^und
Tam:^ Citt d^nd'Bumpkin ^ Xekieland Ephraim^ Fhilo -
h'Efl'range and Pragmaiicus^ may be the wifeft men in
the World^ and of Mr. VEJir'a^ges Privy-Council for
ongMi know, andhehimfeif may have the Spirit of
Liceiifing, arid a difcerning Faculty above all the
Woi ld befide-, for any thing I can contradid him. Ali^
that! have to fay is, that 1 ftand ftill in 'my own Oc-
fence, and have only brought thefe "Circumftances
to makeit out.thatif I did fee a Man at Mafs, there'
might be probably feme other Reafon for it then Cu-
rioficy. .
-* The next is the Information of Jofeph Bennet^ that
Mr. Vflrange importun'd him to Bay! Captain Eli at
the Council-Board. What harm in all this? Noneat
all that I know. 'T was the part of a Gentleman and a
Friend to take care of his Friend in Adverficy.
But we are fttll toconfiJer the circumftances.Caprain
Eli it feems was in the fame accufacion with himlelf,
but this argues that Mr.UJirahge knew the perfon well
and was acquainted with his Crime. However you'l
fay, Mr. UEfiratJge was happily acquitted, and lam
exceedingly glad of it. Neverthelefs I (ay again, Mr.
L'Eftrangcd'id know theperfan,&:was acquainted with
his Offence,and perhaps he judged it flight and trivial,
or elfehedid ill to engage his Friend.But this Captain
Eli was a Confpirator with himfelf,deeply engaged j a
perfon that he knew to be concerned with him, a per-
Ion that had paid longue fcveral fums of money to-
ward the carrying on the Defign, and therefore it
became him as a Gentleman to procure Bail for his
fellow Conjurator: Let him m?ke a D.alogue to clear
himfelf of this, and then for Papifror no Papi{i:,when
he pleafcs he (hall have more of it ^ in the mean time, ^
the World is to coiifider upon wir e account this/^j^-
davit is produced.
There
( «o
There is yet behind the Examination t>f Mr.Richard
Fletcher^ who fwears, that after feme difcourfe, Mr.
UF-jirangs declzi'd himfelf to him, to he a Cathdlkh, of
Kome^ and to helie*ve the Faith of that Churchy and that
being ask'd whether the Pope were the head of that Chnrcb
He anfwered he was *, and he hoped ere long^many others
would turn to that Churchy or to that efeSl,
As for the perfon that fwears,he is well known both
in City and Country,a perfon that lives handfomely &
gcntielely, and a great lover of that noble Science to
which. Mr. L'£/?rtf/7^e cannot be thought to bear any
Spleen,though for his excellency in performance he has
been too unkindly rcproach'd fo that the world does
.hardly believe that Mr. Fletcher^R perfon by his Indu-
ftry fo well guarded from Neceflity, would make fuch
a Difcord in Human Society , as to fwear though it
were for 500 /. to the prejudice of the Icaft Hair of
Mr. UFfrangs head.Now then the Queftion i«!, which
the unbyaiTed are to believe ? Dic\pv FomXehfel or
Fphraim^Cift or Bnmktn^ Philo-L'Ejlrange^ or Pragma-'
ticHs^oT Mr. VEfirattge himfelf, with his own Lips de-
daring himfelf to be a Catholich^of Homeland to belie'vei
the Faith of that Church ? If W[r,L* Ejirange has chang'd
his mind fince he made this Declaration, there's no
more to be faid,rieyield myloft j if not,'tis
a Riddle to me, unlefs he mean fuch a Church of E'z-
gland Man, as in the Reign of Henry the 7th or Queen.
M^iry.He declares one thing,and protefts another. How
to judg is a hard Cafe, and yet me thinks there is but
little Reafon , that he who will not believe himfelf ,
fhould be believ'd by others. What is it to me, whe-
Mr. VEjirange be a Papift or no ? And yet 1 cannot
conceive it to be fuch an irrefragable Argument, that
a man is no Papift becaufe he rattles the Phanaticky^
and exclaims with fo much bitteroefs againft the out-
ragious Liberty of the frds. He is themoft impro-
per
#
r-o
per perfon in the World to combat the freedom of
Scribling, or at leaft to purine that Subje£i'with fo
much virulence andbitterrefs of Spklt. For all the
world will judg that to be Self-Intereft in him, which
would bethought real Sentiment in another. On the
other fide nothing more prevails with mc to believe
the Gentleman is no Fapift, becaufe I cannot con-
ceive that any perfon of "true Learning and Ingenuity
would be of Inch a Mock fhow. Gewgaw, Joynted-
Baby Pieligion, that purs Divine worfhip to hold de
U qmnoville^ and would inforce us to deifie the Di-
ftafir', with as many Titles of Honour in her Liturgie,
as ever the Queen of had. But if felf-Intereft
happen to dazle the Sight, or the ProfpeS^ of prefer-
ment better improve a mans judgmentj I have nothing
more to fay.
But what is it tome, whether Mr. UEJirange be a
Papiftorno? My defign isonly to maintain the Truth
of my Information. I havC fworn that I^'id fee Mr.
L Eftrafjge at Mafs in the Queens Chappel fince his
Majefties happy Reftauration^ 1660 And that I will
juftify, though he refume a Proteftation as long as
from Charifjg-CroIs to Milcnd»Green. For if he will
not believe his own Lips, I mufi: and will believe my
own Eyeg. He fays indeed, I could not fuy I faw him
Kecei've. 'Tis very right ^ for I faw no Inch thing ;
and therefore becaufe I fwore no more then I faw,Vis
the fairer Argument that what I fwore was the Truth.
But what faysEphrj/w myBeloved?VVhyEphr^//w fays,
that I (hould fay, that I would fwear I had feen him
forty times at Mafs. But you fee, my Beloved, that
Ephraim was unkind in his Report, He was a faKe
Brother, and ftiaycd from the Truth.
But
( 17 )
But what if Ephrahn had heard it ? 'ty/as onely a re
port,'and iro rriore thapx'lvhat Mr. VEflraiige himielf cells
the world in his Jpfeal^ onely that tj-ie ■Number difers;
Vi^. That I fliould lay in cpmpanyj That I would fwear
I had yem Him At Mals^l'c almtdred times. By which,
"the world may lee, that Vlr. VE^ran^e was more Afraid
than Hurt, I would fiin know what 'tis to the pur-
pole, what Ephraim reports, or what he by his Eevos-
droppers is allured of, . when the Oath it lelf appears, and
puts all Reports and Hear-lays ouc of doors. Why then
toninlold the Myftery, they were only Attaques oi Difya^
ragemnt-> oUc ol the moll- prudent waies in the world
to undermine and blow up a Tellimony. To which
purpole Ephraim the Cunning layes another Train , and
tells the futtle, that he was rounded in the Ear^ that
I hid Ten Witnejfes in a r'eadinefs^ to make good my proof.
A Reproach, which wherever it takes fall hold, fpreads
It felf, and eats into the Reputation of a Tefiimony^ like
Oil of Spike fpilt upon Deal Boards! This ephraim 1 perr
cetve, Waslike all the reft of the' w^pi ld j nothing refined by
bis Baptifm j ealie to believe any - thing that made for his
Advantage, But now vvho can blame EEarris or- Gay for
writing and publifiiing ridiculous Tables, when, ^the per=
fon that finds fault, lliall publifli, upon Bphraims being
barely Rounded in the Ear, IticFi trivial ftuff,^as'this,
which pnely denotes tire want of better Defence^ For i
would krto.W,. it Mr. L'Eflran^e were tp ?be try'd upon the
lingle tlfiie, feen at Mdfs^ or not feed'apMafsy-.ind I lliould
come and fwear, as I do, that I had ieen him at MaR fo
many times, whether sports and- Hem-'fayes^ .and, ^owid-
in^s in the Ear ^ that I would fwear this or tha,t^yyhich l did
not hear, would acquit him ? ' ForMfT thitiki^ md as t
remembers-^ and^ / belie'V'eSj wirf'not be admitted-into an
Oath, which mull be ablblute', as mine is, certainly
Hear fayes^ ind sports, and fundings m £4/,xrwilE be
as little admitted in the Defence. Scr thacin my Opinion
F Ephraiitis
Cl8)
Ephrams Intelligence was not at that time worth the
Coffee he gave for it, though it were but one Difli.
But now Ephraim comes to the particulars of the Re-
port, and fayes, Te)i in number j pray Gentlemen give me
leave to confider a little. Well, I have done it, and I
mufl faithfully declare to the world, that I do not know
of any Store Tends that I have for any fiich fort of Fifli.
If Ephraim know of any, he ihould do well to make the
difcoverv. For I know it would be no fmall fatisfa(5I:ion
5 to him to fee me incur the penalty of fuch a breach of the
Law. Truly there is no great probability of the Truth
of the Report, becaufe the Story it felf does not hold wa-v
ter. For, for me to have lo many Witnefles in a rea^
dinefs, and not to make ufe of one, was a ftrange piece
of remifnefs, to be fo carelefs of .a certain Victory. Upon
the whole, whether Mr. VEfiran^e be a Papift or no, I
will not determine ; but thefe are excellent Hints for the
Papifts to lay hold on ; and then to quote a Church-man
of England for their Author. But 'tis well, all is not Go-
Ipel that ^ekiel and Ephraim fay. i do find they fiifler un-
der the frailty of Fallibility, as well as others. For, as for
Mr. Mott>hray^ he came in voluntarily, and gave in his In=
formation without my knowledge, and conlequently could
be none of my number; and there was no more that ap-
pear*d in the bufinels, efpecially wherein I was concerned. ^
So that the Ten being hitherto invifible, unlefs Mr. Ephraim
can bring them to light, the Report and the Ufe made of
it muft be both equally infignificant.
But there are other Oblervations to be made^ For if
a Writer^ do pofitively aver that for Truth, which carries
another face^' 'tis Ihrewdly fulpicious he may make the
fame forfeimre in more circumftances than one.
•V ••
Thus Mr. L'Eflrange in his Vifcoyery upon Difco'Veryj p. 15.
Now,
x~
/
(
$
{19)
No», Doctor, faith He^ I do pofetivefji aVer,' that there Tbil
not one Church of England-man in the Parliament Army^ a^
they call d it. When it is a thing yet frcfh in memory,chat
the Archbifliop of fork, that very Metropolitan, upOri
Whom Cleveland begins his Satyrical Elegy,
Fiere York'r Metropolitm is laidj
Who God's Anointedy and his Church betray d.
Serv*d in the Pafliament Army, as it was then call'd, with,
a Command of Horle. Now whether an Archbifhop of
Forky and one of the Metropolitans of the Kingdom,
would have been advanced at chat Time, to that Dignity,
unlels he had been a Church of England-man; that's the
fcruple. However, we may lay thus much, that he;
ceas'd no more to be Archbifliop of Xdrk, by fiding with
the Parliament, thm Julius the Second ceas'd Pope by Joyri-
ing with the Turks. And therefore Cleveland allows him
his Dignity after his Death, though he embalm it indeed
with Afjafistida inftead of Olibanunt.
\
Now for any man to be lb pofitiVe in the affertion of
a thing, lb notorionfly lubjedt to contradidlion, will give
^^a flirewd fliog to the former value that was put upon the
Writings of the lame Perlbn.
Thus Mr. L'EJlrange vvas pleas'd to dilbwn at the
Council-Board that ever he knew me : And yet before
that, at a certain Coflfee-Houle in hudgate-fireety he pre-
fently vanifli'd up Hairs with great difdain, upon my firll
appearance in the lower Room, murmuring out thefe
Words, Ihe Devil fets his Imps at V^ork*
Thele things I fhould haVe been far from taking notice
of, had it not been to fupport my own juftification, verily
believing that the world would blame me much, and that
F 1 the?
&
[ J
die puWick-Enemy vvoiij^ get no frnall advantage thcteby,
n:oulcl i have fuffered my lelF to bp lo paCTiveiy negligent,
asco Ice my felf run down with die quips and taunts of a
quaint and fluent Pen, without a juif vindication. In a
word, I have Only Sworn that I favv him at Ma(s j here are
other Informations, by which you mufl: judge upon what
account. 1 have no more to lay to that particular.
Now after all this, and a long filence, he is rifen again,
and as I fuppoie, forgetting u hat he decfared at the fiilf'
Moon J renews the Old Lurrey of no nor Jefuit in a
Dialogue between Wlo-VBJiranoe ^ B'ragmUicus. y^nd
1 leaven, I lay, prolong his Life, and may VEjlrang^ no ^a-
pijl nor jefuit be the perpetual The^m, that he m^y fatisfy
his Humour, and write as many Dialogues as ever Luckn
did. But I am very much afraid that a volume of Dia-
logues as big as the Book of Martyrs will do him btit little
good. For he goes about to bury the SuhjeH: itleK under
the heaps of his own Quires, it being moft certain that men
at length will grow tir'd with reading his needlefa Apolo-
gies. For they that think him a Church-man of E?2^/^?d,
will believe him ftill Iq to be, notwkhftanding all the Ru-
moiirs of Acculation. And as for thoic that believe him a
Papifl, he may perhaps in time wafii a Blackamore white,
but will never by that fort of Rhetorick which he ulesEe
perl waded to change their opinions. He has lb he-plotted
'the Generality of diffenters under the odious Name of Fa-
naticks, that he mufl: not expedf any mercy of belief from
them. They not being a fort of people to be, gained by
Similes and bare Flouriflies of Elocution, it being then to
be prefumed, as he may eafily perqeiYe it himfelf, if he
pleales, that they believe not one tittle, of what he fays, ir
follows that he only writes to them that believe him already,
which is a labour altogether needlels. And then again,
whatever belief he may pretend to have of the Plot, yet in
all his difcourfes he fpeaks Ibambiguoufly of it, gives fiich
com-
Compkmental Reproaches - to the Kings Evidence ^
that even blindnefs it felf may difcover his aim 3 and
that whatever his publick--pretence may- be, the fii-
me of} the Difcoyery and private Encouragement fee
the Wheels of'his Invention a going. Worfe than
the Blind Mill-Horfe, not underftanding thac he
is labouring and grinding all the while for the
grand Enemies of his King, and Country; Or elfe
worfe than all thcfe, who, knowing what he is a-
bout, purftiejr the Tracks of fecret Treafon and Con-
fpiracy 5 ratlier than. Coleman fiiall want a Succeffour
to his SecretariHiip, Mr. LEfirange mWhe the Perfon,
fo bewitching a Charm it is to fome men to be
the Inftruments of Greatnefs 3 though in Evil En-
terprizcs : But Mr. VEftrange is old, and believing he
has not long to live 3 what cares he what becomes
of his Country after he is gone, fo he may en-
joy the Sweets of this World, during his time. But
men of thefe brave defircs, and Hunters after ill
obtained Profperity, forget thofe wife Payings of the
very Heathens themfelves. That they^who will not
give credit to them that fwear the.trruth, ' to the
Iliflihg of which fo much Habour has . been lifed
in vain, ^re themfelves the Contemners, of Heaven,
.and guilty of thofe Perjuries, which they would
fallen upon others. And let the fubtilty of the
Devil pretend what it will, it is not to be imagined,
that any but Papifts, or their well-wifhcrs, could
be fo llupidly obftinate, as to run Counter to
all thofe fignall Ads of Providence, that dayly
brings to light the bulie Contrivances of the King-
doms Enemies. This however is our Comfort,
that we feldom fee the end of them, who by
fuch Inftinds of private Intereft oppofe Heaven,
•and the peace of fetled Government3 but that in
the Conclufion Divine Vengeance finds them out;
G and
N.
m
i' y
f
PI
R it
tal>
I ■
111
#■!
I
:il!-
hA
1 a^!.";K'
11
V
f 22)
and brings them to ihame and punifhment. It be-
iiig "generally ' obfcrved, that they who are-moft
adtke to. ferye and allift- a Confpiracy, _are the
firll laid' ahde, upon the fuccefs of the .Dcfign.
'A -motive that Ihould induce the vain Afpirer
to a rnore cotifiderate Gondudt of his Adtions.
:-U
iJ C'* ^
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g'f
I-
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FINIS,
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1 I*! : • y, -
ADVERTISEMENT.
jC I
■)
C ■
^Here mil in few days be Publijhed an Anfwer to
jjl' Mr. L'Eftranges/^7y? ridiculousPam^hletdEntitU'
'led, L'Eftrange no Papiftt 7«/i^r//»er Jufiijicdtion of
thofe Informations Sworn agdinft him, ''before the Lords of
tne jrrivaie i^umiruiiee.
i i ^
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Febr, 8th. i ^ 8 i.
I Do appoint Richard Baldwin, and
no other PerJfbn to Print thefeDepo-
fitions, and Animadverfions upon Ro-
ger L' Estrange. Efq;
MILES PRANCEJ
Proved by the
DEPOSITIONS
UPON.
OA T H
O F
MILES .PRANCE,
Mr. LAWR. MOWBRAY,
Mrs. JANE CURTIS,
Mr. R I C H A R D FLETCHER,
Mr.JOSEPH BENNET.
Taken by the Right Honourable the Earl of Ejfex ,
Earl of Clarendon , and Earl ci Cra'um,
With feveral Animadverfions upon the laid Depofitions, in
Anfwer to Mr. V Ejlrangers late Pamphlets,
publifhed for the fatismfbion of all true Proteftants , and to
Vindicate the Kjngs E'vidtnce in General, from his Afperfi-
ons , as well as the Juthor in Perticular,
By MlL
LONDON^
Printed for Richard Baldwin ^ in Ball-Court in the Old-
Baily, MDCLXXXI.
I
ru
DEPOSITIONS
against
• •••/.'
Roger L Strange
f y
E S V 1 K E. t
ibddiefex.Q. The Information of Miles Prancfe
tal{en upn Oath the 25th. of
03ober, 1680, Before the Right
' Honourable the Earl of Clarcn-
don, ani the Earl of Craven,
two of Hit \Majejiies Juflices of
the Peace J for the faid CoUnty.
V ■
' • ^ , i' ■ '
A' 1,' .r . ' i' . ■. ' • - ' ■- .
This Deponent (aith , tliat about
three years fince he faw, Mr.
Roger L ' Strange three or four
tirties' Kneeling at Mafi in the Queeris
CbappeL
miles prang ej
(i)
This may be thouyit to be one caufe of Mr.
V STRANG E'S blc/nng the world With fo
many Dialogues, pcrticularly that lately come
forth between ^\P HI L 0 L, STRANGE, and
V R AG M AT lev S wherein he endeavours to
clear himfelf from being ekher Papiil or Jcfait, by
redetkingagaind thc Kings Evidence, and by pick-
ing out the moft convenient Opportunities, andOc-
cajfions, that he can to render them contemptible.
A way fo improbable to gain beieif, that they
who before never thought him fuch, would now
adjudge him rather fo to be, than acquit him,
for the Stir he keeps in his Defence. 'Tis not my
bufinefs or Profefiion., to,be Mr. L S TR ANGE's
Confeffor 5 neither do I think it to be a thing
of fo much rhoment to the Kingdom, whether
'Mn L' SlTTRANGE be a Papill or no. Nor
do ;I beIeiYe\ every one that comes into a Popi/h
Cl^ppel, and kneels in complaifance to fatishe his
Curiofity at^-a Mafs, to be a Papift 5 However I
cannot but 4e^m my felf obliged, having been
fo'^iharply handled by Z EC HIE L and E P H R A-
IM, in vindication of my felf, to Ihew the world
that.I am no fuch dealer in Affidavits, as he would
make it beleive I am. For the Extent of my Affi-
davit is eafie to be difcerned. I only made Oath
ofoTiis'being at fuch a place, at fuch times. For
wdHehf 'my Affidavit is not alone 5 here is one
more.
3. ^ ic -.v 1 , The
(3)
M^cUiej.Q. The Information of Lawrence Mow-
bray, ta{en upon Oath the 25th.
of October , 1680. Before the
liight Honourable the Earl of
Clarendon^ and the Earl of Cra-
' vcDs ftpo of hk MajeUies fuftnes
of the Peace for the Jaid County,
\
THis Deponent faitb^ that about the firft
or fecond Sunday in June 77. An ac-
quaintance of one Anderfon ( which ^nderfon
was Servant to Mr. Allabon in Greys-Inn^
being with him in the Qjeens Chappel , fa- .
luted immediately^ after Adaft, a Pcrlon^ whoni
he told this Deponent was Mr. L*Strange^
who Licenced Bookes. This Deponent faith,
that he hath once fince feen the faid Mr, L'
Strange at Mafs in the Queens Chappel, and
faw him to be the fame man he formerly faw
there.
Hitherto, there.is nothing Sworn, but that he
was fcen at Mafs, concerning which I have gi-
yen my fence already, that all that went to the
Queens Ciiappef out of Curiofity were not pre-
fently to .be accompted Papills. There muft be
fomething elfe then to ni^ke men Judges what o-
ther Inducements carry'd. liim thither 5 or whether
any other Inducements or. no ? -To which pnrpofe I
have infertcd thde Informations that folidw.
■ m
(4;
The E^^mindtion Jane Curtifi ,
tal^n Before the Right Honour-
able the Earl of Clarendon, the
Earl of E fifex, and the Earl of
Craven bis Majejliet Juftices of
the Peace for the faid County of
'I Middlefex ^ Ocftober, 27, s68o.
THis Examinant faith that abctit the
middle, or toward the Latter end of the
Month of ]me Lafi, Mr. L Strange came to
her houfe fher Husband being oUcof Town)
and there accus'd her and her Husband for
Printing and Publifhing divers bookes, which
he faid were- very dangerous again ft the Go-
vernment, naming feveral Pamphlets which
fhe.knew nothing ofj and though fhe trudy did
deny her ftlf concerned in any fuch thing, yet
he perfifted that he would prove it, and pro-
ceeded to threaten that it lay in his power td
ruin her and her Husband, and then told her
of his great Intereft at Court, and that if
fhe would tell him, who (ct her on to publifli
fuch books, he would take her off from all
trouble , and protnifed to -do great things for
her Husband. But ftie denying that flie was
ever concerned in (uCh praftices, or had ever
been ir'rg'd of inftigated thereunto by any , he
laid that was falfe, and that fhe had been in^
fluencd
fluenc'd and ftaid up by ill nicH;, and that be be«
ieived it was Oates and bis G^ig, and, faid he,
you know what idme of them (ipcaking of 0am
and thofe he call'dhis Gang) arc come to al^
ready, and 1 do not queftion but I Aall fee them
all hanged ere lon g. Ahd he refufed to Licence
feveral books wherein there was any thing
gainft the Papifts, more particularly thofe two
bookes fhe fliewed your Z.ordfhips > which he
Swore by his Maker, he would not Licence
for five hundred pounds ; which books upon
the firft fight were Licensed by the Lord
fhop of London.
The Information of ]okiph Bennet '
Likrt. ^ of St. Giles'f in the felds Sta^
tioner, tal\3n nfon Oath before
theLords^Committees, for exam-
ination of ?natte>s relating to the
late horrid Plot Sioporn before the ,
Right Honourable the Bdtl of
Clarendon, one of his Majeflies
, ^ujiices of the Pe.ice for the faid
. . Qity this 3 c th» df Oftob. l6 8o.
WH O faith, that he did become
bayl , and enter d into Bond be-
fore one of the Clerks of the Council for one
Captain Eli^ that he fhould appear the firft day
G , of
of this Term at the Kings Bench barr,' which
laid Captain Eli w^as then a ftranger to him ;
but Roger L,' Strange Efqj one of His Majeft--
ies Juftices of the Peace, being at Mr. Eiintons
the Apothecaries, near this informants Houle,
fent for this Informant, and then told him. Cap-
tain Eli was a friend of his,' and an hontft man,
and therefore he the laid Jufticedid requeft this
Informant to become Bail for the faid Captain
Elij and the (aid b ' Strange did thm promife
this Informant to give him ftcurity to fave him
faarmelefs,and pretended he would then have done
it, had he not been in great haft. And the faid
Mr. L*Strange did tell this Informant he had
fent for another perfbn to bail the faid Captain
Bliy but he not being to be found, lie tlierefore
fent for this Informant, and faid he would take it
as a great Idndnefs from this Informant.
ft ■ _ ^
Tl^e Information of Richard Fletcher,/?/Sr. Vedaft
alias Fofter, London, Fhificiany fallen as before.
WH O faith, tJiat about three years
agoe he met Roger L'Strange Efq;
at the Half Moon Tavern in Cheap fide about Li-
cenfing a bookentitrd, The work es of Geher an
dArahian Prince and Philofophery and, gave Mr.
E 'Strange a Cuiny for his Licenfe, ^ a dif-
courfe happening about Religion, Mr. L 'Strange
asked of what Religion this Informant was ? who
anfwer-
- (l)
anrweredja Gatholick. replyed are you
a Roman Cathoiick ^ This Informant ahrvvered
that was Nonfence.Cathoiick being univrffai^and
not to be circumfcrib d. Then Uhirahge bid this
Informant explain himfelf. I anfwcred, that Faith
that xpTcught the fear of God and to do righteoufly^
doth declare thofc that are of the Cathoiick
Church,which I take to be the Church of
Mr. L'Strange then declar'd himfelf to be a
Cathoiick of Kome^ and to beleive the Faith
of that Church, and told this Informant that
his difinition was too large. This Informant
then ask'd the faid L* Strange y whether the
Pope were the head of that Church, of which
he acknowledged himfelf a Member? whoan-
fwered he was> and hoped ere long, many o-
tbers would return to that Church, or to that
'effed, and further faith not •
As to. my own Affidavit, which is die firft lier'e
produced, I do find Mr. L 'STRANGE triumph-
ing in the 35. Page of his Af-peal , that I had feen
him no more than three cr four times at Mafs, at
Somcrfet Hoife- Whereup07i^ (fays he,) I did with the
moft imrid Solemnity of Imprecation Imaginable, declare
my febf to be of the Religion of the Church of England,
and that I had pever entred into any Popijh ChappeL
or been prefent at any Mafs fince his Majefiie's Re^
turii. Which Protejlation I do here again refume, m-
tending by thefe words y His Majefties Return , the
Kings blefej ReftauratiOn in the year 1660. And
then, as if he thought this Protcifation not fuffici-
' eht ;'
cntj iic makes a note u|X)n the g,eat ahateme?it of
my reckii^igi being ajfme J by report, that I had
fworn hi the company of Care, Curtijs and others,
that I had feen him at Mafs, at leaft, or ahmt a hundred
times.
As for what he was affur'd of by report, I va-
lue it not: neither is it material to the Poynt 5 as
, being of little or no force againft him. Ti;e dif-
ference is between his Froteflation , and my Oath.
Which I have here confirmed by the Oath of an-
other Perfon , Mr. Mowbray byname, wlio Irkcwife
fwears he faw him twice in the year i6yj., 2Lt a
fopijh Chappel, that is to fay at Somerfet-Houfe:
To the great difparagement of that part of his Pro-
teflation, tiever fince the Kings Reft aur at ion, which was
in the year, 1660. Now I would never have tak-
en notice of Mr. L' Strange s folemn Declaration ,
had it been upon any otiicr accotrnt but this, th^Jt
cither he has fome particular referves to himfelf or
I mufi: be perjiir'd, and that fhould he now go tin-
anfwercd (which is a tiling he boafts of) the fharp
Twits which he has given the Kings Evidence would
pafs for Currant, and he would come to be a quot-
ed Author againft Us. And therefore I do as pub-
lickly and as folemnly declare as he has done, that
T arn a^ tender of Swearing to tlie detriment of my
Neigliboiir as any otiicr perfon that aimes at the
Enjoyment of a future Happincf^ For my part I
know not to what very great purpofe the latter
part of his Declaration was niade. For having fo
folemnly declared himfelf of the Church of England,
what if he had been feen twenty tmies at a Popifh
Chappel ^ But that part of his Pofcftation was pern
ticufarly letel'd at my Oath, which lam obligd to
uphold fo fan: as honeftly I may. And that too
' - vich-
. ...
xvichout ^ny rcfleiSlon upon Mr. L^Eflrange's Hone/!y
or his Loyalty, fully believing neither to be inconfi-
ftcnt with the Profcdion of the Popifli Religion.
In his C<i/e, where he talks to himfelf in his owri
Caufe , under the Perfons of 2,eh^el and Bphraim ,
like one that {>layes at Tables with his right Hand
againd his left ; Ephraim tells Zehiel, that he was
rounded in theEar^that Prance had TenWitnejjes in readi-
nefs to pro'vt that had been Forty times ai ^
Mafs here , and folemnly Worjhipping according to this
Profejfton of the Komi jh Communion,
And thus I who made a Confeflion To re-
marakble,and thereby difcoVer'd that bloody deed of
darknefs, which enlightened the whole Nation, am
here rendred as one that kept fVitnejJes in ireadinefs ,
or rather, pickPd Witnefles for prefent ufe. By this
means, in a (liort time, the Miirther of Sr. Edmon-
bury Godfrey^ will be as little believM as the filjy Sto-
fy of Mr. PctPel. To which purpofe Mr, E*Eflrange'&
Narrative of the Plot feems to have but odly Cou-*
prd that foul Faft, with the ridicule of Mr. Foxvel's
efcapc , which renders the Frame work very, lufpici-
ou'. For though it be true ^ that the difpdra^ement
of a juggle^ noxvay roeak^ns the Truth ; Yet the're may
be that manner of fpeaking , and that Art made ufe
ofin the contexture of Words , that niay overturn
that Maxime. With fubmilfion to Mr. VtMrange ,
there is in that place (Idar. P. 19.^ fucha mixture of
the meaneft fourberies of Report, which the moft iit-
con'fidcrable Circumftanceof the Difcovery, that my
flrnder Opinion'is, that a mori pnideiit Progreffion
in Logick ought to have fupported .the violent Death
of Sir Edmunbury Godfrey, For if the^tory ofMonr-
D (ieuf
C lo)
fieur Choquewz, Fire-works, were never proy'd thefun.
pition of Muftard-Balls^ was never yet ac-
counted,che grcateft Argument of the Plot. And if
thebafinefs of $\t Henry Titchhonrns Armcs were not
made out, the Surmife of the Blach^ Bills lies as much
at the Mercy of any mans Belief, without any preju-
dice to ^the Belief of the Plotand thus Pofterity
fhall Argue from Circumftances not much material,
whether they are believed or no, the fal(hood of the
greatefi: Difcoveries of the Grand Plot that ever was
made in the World. Efpecially when-Mr. L*E|irang^
{hall go about to convince the World of the falfliood
and Perjury of the chief Evidence of his Murther. For
my part, I much wpnder why Mr, UEjirange fliould
fo much trouble himfclf with his Schifmatical-flot,
They who difcovered the Popifli-Plot, produced the
Confpirators, nam'd their Names, brought their Evi-
dence againfi: them,and were the occafion of Sentence
and Execution. If Mr. Ujirange knew of any Scbif'
matkal or Fbanatich^ Plot, He ought to have done the
fame. Otherwife upon no other Grounds but the
wandring Notions of unlicensM Books, to cry out a
fbanatich^E\ot^\s but jufl:,as when they cry out ibie'z/ei
at one end of - the Houfe, and at the fame time to cry
out Ebuves at the other end, and thereby to diftrafl,
and difcoropofe the Defence of the whole.
In the next place I obfcrve, that when, in your Ap-
peal, you have dignified Mr. Care with the meaneft of
Charafters (though in fome Sheets of Mr. Cares there
are thofe things produced, that will take up Mr.
L'Efirange a full year to Anfwer by way of Dialogue.
You tell the World he wrote my Narrative. That
is to fay, my Narrative was a pittiful contemptible
thing, and confequently little to be credited. Never-
thelefs. in fuch a Narrative as that, neither the Lan?
guage
c." )
(Tuage,as I humbly corceive,iior the perfon that wrot6
it were fo much to be regarded, as the Verity of the
matter of Fa^. And many people perhaps fee with
Mr. VEJiranges Eyes, and out of a Refpe^i to his In«
genu'ty, Judg with his Judgment. In which Refpe^l: I
am a little induced toqueftion Mr. L*Efir(wges io of-
renby himfelf alTerted difference and kindnefsto the
Kings Evidence, for giving fuch a poblick Advertife-
menc of my Narrative, after he had made the Writer
fo miferably Ridiculous, he might have profecuted his
Revenge, without fuch an unrcafonable Rcfle^fion.
But whoever affifted as to the Form , the matter was
mine, and publick Juftice is fatisfied.
I come now to the Information of Jane Curtis^ the
fubftance of which is, That Mr. L'EJirange
of Ojtes and his Catfg^ faid, He did not qnejiion but to
fee them all hangd ere long^ and that he refus*d to Li-
cenfe i Books,Swearing he would not do it for 500 L
which afterwards the Lord Bifhop oihondon Licenfed
at firft fight.
' In the firft place I muft certainly conclude qiy felf
to be comprehended in Mr UEjiranges kind wiflies,
as confeffing my felf to be one of thofe which he called
of the Gang. As for the woman that fwore the Oath
the World"has not been heard as yet to give her any
other Chara6i:er than of a Painful and InduftriousWo*®
man, very much intrufted, and afair Dealer •• Whe'
ther (he have fworn true or falfe, I willnqt undertake
to determine, that is to her own Ccnfciencc. But if
{he have fworn true, as there is little reafon to mif^
doubt, where there is fo little reafon to furmife to^the
contrary.. Then it is not his tvyitting her Husband
with a Fooltfh trichjoe hj^th taken np of winding Hp hff
Noje and fhening his Teetb^ will free, him from the
heavy cenfures that will follow: gut
hefeli fo.foul upon thi^ Husband, whenihe Vyife-lay
fo heavy upon him. What
(*12)
Whdt will be thought of him , who in an Appeal
ta the Kings mojl excellent and the three Ejiates
af^emblcd in Parliament^ had produced fo many Qj*0'
tations from his own Writings to teftihe the Eftcem and
Honour he had for thr Kings Evidence ? What will
be thought' of thole Qjjtations themfelves ? and that
particular EjjcHlationto the Daffor, they are woU'
derftil things^ DoEior^ which ym hdve dene^ and I am
perjtvaded that yon are refer'ved for more wonderful
things to come^ but that they were only the Compli-
menrs of Scorn and Derifion 1 For Deiifion is many
tini'^s as Complimenta! as FricndQiip it felf. And this
is moft certain,that he that wilhes another man hang'd^
can never have an efteem for his Perfon. For my pare
until this Difference be decided, I muft be convinced
he has no kindnefs for me. And then the World mufi:
conclude him partial as to my concerns^ And I will
go a little farther to put it to the Vote among all thofe
of the true Church of England^ how well it became
the Charity of a declared Church of England^sin^ to
wi(h Oats and all his Gang in the Hangman's Nooze >
And it may be queftion'd, whether fuch a one be what
he affirms himlclf to be,let him proteft never fo deep-
'y-
As for the latter part of this Information, Twill
not undertake to be a Compicent Judg of Mr.
h*Eflrange*s Learning, or whether it be fuperiour to
that of any one of the Lord Bifliop of London s Chap-
lains 5 but me thinks it feems a little od to my weak
Judgment, that there fliould be fuch a vaft difference
in the Opinions of two liich Eminent men of the
Church of Ettgland^as Mr. VEJirange and the Biffiops
Chaplain, that the one (hould refule, and fwear by his
Maker J he would not Licence a couple of Sheets, no,
not for five hundred pounds (a good fmilingTcmp-
tationj which the other did Gratis^ at the firft fight.
And
. C'V
And yet We have as Iitcle Reafon to queftion the Loy=
alty and Integrity of my Lord Bifliop of Londons
Chaplains, as we have to queftion Mr. L'EJirattgef. So
that it follows,that it muft be either a very great weak-
nefs or overfight, either in the one or the other. Now
you'i fay, what were the Titles, or what the Subje^s
of thofe two Sheets. The one was. The CharaSier of a
Tufhulent Pragmatical Jefuite^ and FaUiotis Komifh
Prieji. Epitomizing their Continual Difturbancies of
Church and State, and particularly giving an Ac-
count of the Death of the Emperor Henry the 7th,
who was Murdered by one Bernardiae^ a predicant
Fryer, that gave him Poyfon in the Holy Euchariji.hu
cenfed,0<3. 15* 1678. The other, A Letter from a
Catholich^ Gentleman to his Popifh Friends ^ then to be
exiVd from London. Ironically advifing them to obey
their Ghoftly Fathers, and not the King and thereby
taking an occafton to (hew htw little the Papifts re-
garded Tefis or OathSy to whom a Difpenfation from
the Pope was always an Infallible help at againft
Perjiirie. Licenfcd, 1678.
Thefe were the two fcare-Crowes that fo terrified
Mr. L'EJi^ange^ind which were of fuch da'ngerous con-
fequence to the Governmenr, and the Church of En-
gland^thithe would not Licenfe them for ^00 I. And
yet it is apparent, they were Licenfed, and by thofe
who were as Chary of offending the Government, or
the Church ol England as he could be. It were aimoft
madnefs to think that thofe Reverend Gentletiien who
Were entrufted with the Licenfing of Books, at Lani-
beth or Lendon-Houie^ fhould be fo inconfiderate, or
fo unfaithful to let go or connive at-any thing pre)u-
dicial to the Church and State. Uni^fs there be any
that think the Art and Judgment of Licenfing fiich a
Miftcry, that only Mr, L*Eftrange has obtained it b>
long Pra^ice.But there may be lomethingin the Ca(e
E indeed ?
i
C h)
indeed.- For thefe wonderful Gentlemen, DitfJ^and
Tow, Citt Sind Bumphin ^ XeKiel 2nd Ephraim^ Fhih'
UEjirange and Pragmaticus^ may be the wifeft men in
the World, and of Mr. VEJiranges Privy-GounGil for
ought I know, andhehimfelr may have the Spirit of
Lieenfing, and a difcerning Faculty above all the
World befide, for any thing I can contradict him. All
that I have to fay is, that I ftand ftiil in my own De-
fence, and have only brought thefe Circumftances
to make it out,that if I did fee a Man at Mafs, there
might be probably fome other Keafonfor it then Cu-
riofity.
The next is the Information of Jo(eph Bemiet^ that
Mr. L'flrattge importun'd him to Bay! Captain Eli at
theCouncil-Board. What harm in all this? Noneat
all that I know.'Twas the'parr of a Gentleman and a
Friend to take care of bis Friend in Adverfiry.
But we are ftill toconflder the circumftances. Caprain
Eli it feems was in the fame accufation with himlelf,
but this argues that Mr.UJirange knew the perlon well
and was acquainted wirh h's Crime. However you*l
fay, Mr. UEftratJge was happily acquitted, and lam
exceedingly glad of ir. Nevcrthelefs I lay again, Mr.
UEftranged'id^knovj theperfon,&was acquainted with
his Offence,and perhaps he judged it flight and trivial,
or elfehe did ill to engage his Friend.But this Captain
Eli was a Confpirator with himfelfdeepfyengaged ^ a
perfontbat he knew to be concerned with him, a per-
fon that had paid Tongue feveral fums of money to-
ward the carrying on the Defign, and therefore it
became him as a Gentleman to procure Bail for his
fellow Conjurator : Let him make a Dialogue to clear
himfelfof this, and then for Papiftor no Papift, when
he pleafes he fliall have more of it; in the mean time,
thf World is to confider upon what account this/^^-
davit is produced.
There
(
There is yet behind theExamination of Mr.Richard
Fletcher^ who fwears, that after fomedircourfe, Mr.
L'Efira/tge dtchr'd himfelf to him, to be a Catholick of
Kome^ and to helie<ve the Faith of that Churchy and that
being ask'd whether the Pope were the head of that Church
He anfwertd he was *, and he hoped ere long^many others
would turn to that Churchy or to that effeSi,
As for the perfon that fwears,he is well known both
in City and Country,a perfon that lives handfomely &
gentieiely, and a great lover of.that noble Science to
which Mr. L'Efirange cannot be thought to bear any
Spleen,though for his excellency in performance he has
been too unkindly rcproach'd ; fo that the world does,
hrardly believe that.Mr. Fletcher^si perfon by his Indu-
ftry fo well guarded from Necefllty, vi'ould make fuch
a Difcord in Human Society , as to fwear thotish it
were for 500 /. to the prejudice of the leaft Hair of
Mr. L*Ejirangs head.Now then the Qjjeflion i?, which
the unbyaflcd are to believe ? Dtc\or Toni Zel^el or
Ephraim^Citt or Bumkin^ Philo'UEjirange^ or Pragma'
ticHS^OT Mr. VEfirange with his own Lipsde-
daring himfelf to be a Catholic\of Kome^and to belie've
the Faith of that Church ? If Mr,U Ejirange has chang'd
his mind fince he made this Declaration, there's no
more to be laid,I'le yield ray Affda^it loft; if not, 'tis
a Riddle to me, unlefs he mean fuch a Church of Ei-
gland Man, as in the Reign of Henry the yrh or Queen
declares one thing,andprotefts another. How
to judg is a hard Cafe, and yet me thinks there is but
little Reafoa , that he who will not believe himlelf,
fhould be believ'd by others. What is it to me, wbc-
Mr. VEf range be a Papift or no ? And yet 1 cannot
conceive it to be fuch an irrefragable Argument, that
a man is no Paoift bccaule he rattles the Phanatkhs.,
1 V »
and exclaims wirhfo much bitternefs againft the out-
ragious Liberty of the frefs. He is the moft impro-
■(,6)
per perTon in thcWorid to combat the freedom of
Scribling, or at leafi: to purfue that Sub)e(^ with fo
much virulence andbitternefs of Spirit, For all the
world will judg that to be Self-Intereft in him, which
would bethought real Sentiment in another. On the
other fide nothing more prevails with me to believe
the Gentleman is no fapift^ becaufe I cannot con--
ceive that any perfon of true Learning and Ingenuity
would be offuch a Mock-(how. Gewgaw, Joynted-
Baby Religion, that,puts Divine worfliip to hold de
la qnenovilk^ and would inforce us to dcifie the Di-
ftalF, with as many Titles of Honour in her Liturgie,
as ever the Queen of Spainhzd, But if felf-kiterefi
happen to dazle the Sight, or the Profpe6f of prefer-
ment better improve a mans judgment, I have nothing
more to fay.
But what is it to me, whether Mr. L'EJirange be a
Papift or no? My defign is only to maintain the Truth
of my Information. I have fworn that I did fee Mr.
L Eftrange at Mafs in' the Queens Chappel fince his
Majefties happy Reftauration^ 1660 And that I will
juftify, though he refume a Protetlation as long as
from Charifig-Crofs to Mtlend'Green. For if he will
not believe his own Lips, I muft and will believe my
own Eyes. He fays indeed, I could not fay I faw him
Recei've. 'Tis very right ; for I faw no iuch thing j
and therefore becaufe I fwore no more then I faw,Vis
the fairer Argument that what I fwore was the Truth.
But what faiyiEphraim my Beloved? Why Epbr<izw fays,
that I fliould fay, that I would fweaf I had feen him
forty times at| Mafs. But you fee, my Beloved, that
Ephra/m was unkind in his Report, He was a falfe
Brother, and ftrayed from the Truth.
But
/
( 17 )
Bur wnat if Fphraim had heard it ? 'twas onely a re*
port, and no more than what Mr. L'Fjlrangc himlelf tells ^
the world in his Jlfed. onelv that the Number differs;
That I llioiild lav in company, That I would fwear
I had jecn Him at Mais nhoye a hu?idred times. By which,
the world may lee, that Mr. VFjirame was more Jfraii
than Hurt. But I would tain know what 'tis to the pur-
pole, what Ephraim reports, or what, he by his Eeves-
droppers is alTurevl of, when the Oath k lelf appears, and
puts all Reports and Hear-iays out of doors. Why then
to untold the Myftery, they were only Attacpues- of Difpa^
rtt^ement; one ot the moll prudent waies in the world
to undermine and blow up a Teftimony. To which
pLirpole Ephraim the Cunning layes another Train , and
ttWs yFehel the that he was rounded m the Ear^ that
Ih^dd enWitneJJes in a readinefs^ to make good my proof.
A Repro^h, which wherever it takes faft hold, fpreads
it felf, and eats into the Reputation of a Teftmony, like
Oil of Spike fpilt upon Deal Boards. This Ephraim I per-
ceive, waslike all the reft of the-world; nothing refin'd by
his Baptifm ; cafie to believe any thing that made for his
Advantage. But now who can blame Harris or Gay for
writing J and publifhing ridiculous Fables, when the per=
Ion that finds fault, fliall publiOi, upon Ephraitns being
barely Rounded in the Ear, fuch trivial ftuff as this,
which onely denotes the want of better Defence. For I
would know, it Mr. UEJlran^e were to be try'd upon the
finglc Iftlie, feen at Mafs^ or not Jeen at Mafs.^ and I fhould
come andiwear, as I do, that I had leen him at Mats fo
many times, whether sports and Hear^fayes.^ and ^mid-
hm in the Ear. that I would fwear this or that which I did
not hear, would acquit him? For if I thinks^'and as I
remembers^ and as I helieyes^ will not be admitted into an
Oath, which muft be abtblute, as mine is, certaiply
Hear'jayeSj and sports, and fundings in the Ear, will be
as little admitted in the Defence. So that in my Opinion
F Ephraim*s
{i8)
Ephrahns Intelligence was not at that time worth the
.Coffee he gave for it^ though it were but one Difli.
But now Ephraim comes to the particulars of the Re-
port, and fayes, Tett in number j pray Gentlemen give me
leave to confider a little. Well, I have done it, and I
muft faithfully declare to the world, that I do not know
of any Store IPonds that I have for any luch fort of Fifli.
Ephraim know of any, he fhould do well to make the
difcovery. For I know it would be no Imall fatisfadtion
to him to fee me incur the penalty of fiich a breach of the
Law. Truly there is no great probability of the Truth
of the Report, becaufe the Story it felf does not hold wa-
ter. For, for me to have fo many Witnefles in a rea^'
dmefs^ and not to make ufe of one, was a ftrange piece
of remifnefs, to be fo carelefs of a certain Victory. Upon
the whole, whether Mr. LEflrange be a Papift or no, I
will not determine 5 but thefe are excellent Hints for the
Papifts to lay hold on ; and then to quote a Church-man
of Efigland for their Author. But 'tis well, all is not Go-
Ipel that ZeKtel and Ephraim fay. i do find they fiiffer un-
der the frailty of Fallibility, as well as others. For, as for
Mr. Mpn-hray^ he came in voluntarily, and gave in his In=
# formation without my knowledge, and confequently could
be none of my number; and there was no more that ap-
peai'd in the bufinels, efpecially wherein I was concern'd.
So that the Jen being hitherto invifible, unlefs Mr. Ephrahn
can bring them to light, the Report and the Ufe made of
it muft be both equally infignificant.
But there are other Obfervations to be made,- For if
a Writer do pofitively aver that for Truth, which carries
another face, 'tis fhrewdly fiifpicious he may make the
fame forfeiture in more circumftances than one.
4
4 X
Thus Mr. VEjlrange in his Difcovery upon Difcolwy^ p. 15.
, ' Now,
4
( 15 )
No»?, Doctor, faith I do pofttively ayer, that there
not one Church of England-man in the Parliament Army^ as
they caird it. When it is a thing yet frefli in memory,that
the Archbifhop of Tork^ that very Metropolitan, upon
whom Ckyeland begins his Satyrical Elegy,
Here York's great Metropolitan is laid^
I0?o God's Anointed, and his Church betray d.
Served in the Parliament Army, as it was then call'd, with
a Command of Horle. Now whether an ArchbiOiop of
Tork, and one of the Metropolitans of the Kingdom,
would have been advanced at that Time, to that Dignity,
unlels he had been a Church of England-man; that's the
fcruple. However, we may fay thus much, that he
ceas'd no more to be Archbifliop of York, by fiding with
the Parliament, thm Julius the Second ceas'd Pope by Joyn-
ing with the Turks. And therefore Cleyeland allows him
his Dignity after his Death, though he embalm it indeed
with Afjafatida inftead of Olihatium. - '
Now for any man to be lo pofitive in the affertion of
a thing, lo notorionfly fubjedt to contradiction, will give
a fhrewd fhog to the former value that Was put upon the
Writings of the lame Perlon.
Thus Mr. E'Eftrange was pleas'd'-to dilown at the
Council-Board that ever he knew me : And yet before
that, at a certain ColFee-Houle in hudgate-Jireet, be pre-
fently vanilh'd up Hairs with great dildain, upon my lirll
appearance in the lower Room, murmuring out the'fe
words. The TeVd fets his Imps at "tyork. •
- \J .
Thele things I lliould have been far from taking notice
of, had it not been to liipport my own jtiftification, verily
believing that the world would blame me much, and that
F 1 the
i2o]
tbe publlLk Enemy woiiLI get no finall advantage thereby,
llioulc] 1 have luftered my fell" to be lo paiTively negligent,
as to fee myfelf run down with the quips and taunts of a
quaint and fluent Pen, without a jtiil: vindication. In a
word, 1 have only vSworn that I faw him at Mafs; here are
other Informations, by which you mufl: judge upon what
account. 1 have no more to fay to that particular.
Kow after all,this, and a long fllente, he is rifen again,
and as t iiippofe, forgetting uhat he declared at ih^Halp
Mooh^ renews the Old Lurrey of no nor Jefiiit in a
Dialogue between ^hilo-L'tftranze ^ ^raznutxus. /mi
Heaven, I lay, prolong his Life, and may VEftrangc no Ea-
pijl mr'jejuh be the perpetual Thcam, that he may fatisfy
his Hum our, and write as many Dialogues as ever Ludan
did. But I am very much afraid that a volume of Dia-
logues as big as the Book of Martyrs will do him but little
good.' For he goes about to bury the Subject itlelf under
the heaps of his own Quires, it being moft certain that men
at length will grow tir'd with reading his needlefs Apolo-
gies. For they that think him a Church-man of England^
will believe him ftillfo to be, notwithffanding all the Ru-
mours of Accufation. And as for thofc that believe him a
Papifl, he may perhaps in time wafb a Blackamore white,
but will never by that ibrt of Rhetorick which he uiesbe
perlwadtd to change their opinions. He has fo he-plotted
the Generality of difTenters under the odious Name of Fa-
naticks, th.it he mull: not expedl any mercy of belief from
them. They not being a fort of people to be gained by
Similes and bare Flounfhes of Elocution, it being then to
be preflimed, as he mayeafily perceive it himfelf, if he
pleafcs, that they believe not one tittle of what he fays, it
follows tlrathe only writes to thein that believe him already,
which is a labour altogether needlefs. And then again,
whatever belief he may pretend to have of the Plot, yet in
all his difcourfes he fpeaks fb ambiguoufly of it, gives fuch
com-
{ 21 ]
comp^emental L-aOiesrothc Dilcovcrers, and under the pre-
tence lefpe^t and honoiirdo jumbles the Kings Evidence
arnong the Rogues, Raicals and Buitoons, upon which he
fpends his Wild dire upon, that llie mufi; be a perfe(5t Tjyche
that leparates them again by the aid of her beUved Cupid.
Now there is either lome ground to believe him a Papift or
there is none. If there-had been really none the builneis
would have dyed of it (elf. If there be, not all the Milk
in Chep?ire will be able to mafter the Oil which he continu-.
ally throws upon the Fire, but here's a clutter and a buftle,
asif it were to be'a National Concern whether Wix.JJEjlrange
be aPapill or not, and that the Satyrical Sword were never
to'be flieath'd till the Controverfie be decided in his favour.
Heavens blels us! cannot he be quiet, go to fome Cache-
dral Church, hear the Organs and the Church Mufick, and
openly fheW the world what he is, but that he muft be thus
continually ratling the Drums of his indignation in the ears
of the people, as if he intended to dye with a Dialogue in
his mouth. Certainly there be men in England that have
gone to School,and read Latine and Greek as well as he,and
may perhaps be able to match him at one time or other. And
thequeftion maybe put. Why Men of Learning have (o little
hitherto troubled thcmfelves with his Writings, whether it
be not becaiife they lee him lb meanly condelcending to
combat the very Pigmies ofthe Time,with whom they dif-
dain to engage. But how if this fhould be a Plot amon<y
his friends, to let the Libellers onto teize and vex him, on
purpole to keep him chafing and chiding for the prolonga-
tion of his Life ? That's all one; there mull be another Plot
amona his Enemies, to countermine that Plot. For if there
C '
be not two Plots going at one time^all's not worth a ftraw.
But now to draw a fhort Sketch of his laft pithy
Dialogue between ^hilo-E'Eftra?ige and Tra^maticus j this
very Dialogue begins with a ^lot j a Plot between Tragma"
ticus and Thilo-h'Eftrangej or between Himlelf and Himlelf.
G ' While
[22]
While the one pretends to fcorn and deride him, that fb
the other fliould take an occaiion to extol his Fame j a
meer Combination. For otherwife it could not have been
(b fmoorhly done, without a more than Ctmoman Often-
tation.
The firft Confederate calls him Goliah and Diana ; fingu-
larly well coupled in truth. The other Gogmagog and Pen-
thejilea ^ another excellent conjunction. And thus that he
may be the more fit, they make him Male and Female.
As if they intended ^that like TireJtaSj he' fliould have the
pleafure of both Sexes in his old Age. What a happinefs
a young Batchelor would have to be thus married within
himiell, to fave the Expcncesof a Wife ? Nay, the firft of
the two calls Jiim the Idoli^^d Diana: as if Mr. h'Eflrange in
his Female capa|:ity, had ever been lb much ador'd as Prag-
maticns would infiniiate. Now as for Golial?, he was ftajn
by hit tie Day id j Diatia is as well taken for the Moon ; Gog'
niagog^ who' ieems to be two Gyants twifted together, is
deftin'd to deftrucftion by Napier^ iq his Comment upon
the Revelation ,• and for Denthejllea^ flie was knockt o'the
head by that Efteminate Spinfter Jchilles. So that the
choice of fucli ominous Names ieems not to be well taken
at the beginning of a Dialogue. To lay truth, 'tis a very
ibrry ^odomomadoj the meer Fly upon the Coach-wheel. So
that there is fomething wanting in the Title, Uhfirange
no ^apijl nor Jefuit; Or,The folemn publick Entry of Goliah
and Diana J and Gogmagog and Tenthefilea.
Now one would think that theic wonderful Conjun(fl:i-
ons of Goliah with Diana,gind Gogmagog with Tetithejllea,being
aififted by the Influences of the new Comet fliould produce
ibme miraculous eflecfts. But nothing appears, only a lit-
tie plot of his own head to make himielf equal with the
Duke of York. Whence you muft underftand, that Philo-
VEjlrange, is no more in Englifli then a Loyer, imd conie-
qiiently
[=3]
c[\\tni\y m Admirer 7l mans own felf. Now to bring a-
boiic his ends he pretends as if k were as equally criminal
to [peak well of UBjirange^ as to drmk the Duke of Torks Health.
And thus he would inhnuate ( for a man may eafily Ice the
pride of his heart) that he is equally the difcourfe of the
Nation with the Duke. And this DoArine he would eftab-
lifh, before he has prov'd either to be criminal. For my
part I believe it pofitive that 'tis no crime either to drink the
Dukes Health ; nor to Ipeak well of Mr. Hflrange. But on
the other fide I as abiolutely believe that thoufands and ten
thoufands in the Nation drink the Dukes Health, without
thinking it a crime, that never heard, or ever car'd to
hear of Mr. VEftrange. The comparifbn was too extenfive
and general. Sic parVis comjponere magna—does not alwaies
hold, efpecially between ordinary Subjeds, and great Prin^
ces; more efpecially where the high and eminent Dignity
of the latter is concern'd in the diftin<n:ion. Befides, 'tis the
firangeft Inference that ever I met with to conclude an Irr*
dmduum Vagum from a Hyperbole. 5ayes the Confederate
%-agmaticus^ to the Confpirator, Thilo^LEJirange—Ion deferye
to he call'd in queflion if you take Mr. HEHranges part, or main'
tatn he is no Papift. This is a palpable and fain'd Hyperbole,
For*jao man dares queftion another for taking Mr.
HEUranges part, without oflenfjve words or blows. There-
ispon Hilo'DEUrange xtipViQs., Then I perceive it is become now
as criminal to fpeak well of LEjlrange^ as to Drink the Duke of
York's Health. Which is as much as ifhe had faid nothing
at all; . a regard it is no crime to do either the one or the
Other. This way of inferring may be allowed in Drollery,
not in Argument, as being againft the Rules of Confe-
quence, which muft be fyllogiftically true. That which
follows is fcarce w^orth notice,looking more like the Tattle
of Goliah the Dwarf, than a Difpute of Gplialt the Gyant ,'
more like the Difcourfe of Diana the Midwife, than Diana
- i
theCoddefs. . /
G 2 At
\
\
[24!]
A t length'you come to his Eighth Page,where he takes
a very fine occafion to call the King's liviclence a Company
of T\Jjcals, as they call it, by craft.
Firfi: he railes a falle Propofition by way of Dilcoiirfe.
tSayes Tra^. to T}?ilo. I fay^ ]f they fwear he is a ^apift^ / am
.hound to belkve it.
Now do I wonder to whom Mr." LEHranze writes,
whether to Fools, or Men of lenle ? if to Fools, 'tis time
very ill Ipent; if to Wile men, worle 5 for Mr. E.CLfirange
can never imagine that any Wile man can think him a
pEij let a hundred Theyes fwear againfl: him, unlels they
can make it out by overt A6ts fulficient to prove the Alle-
gation. Howe<ver, fayes Ehilo. in Anfwer to falle
Propofition, Efay not any impartial perfoji conclude^ notwith-
ftanding fuch Swearing, that L'Eftrange is all this while
anhoneU.man^ and a true Son of the Church of England} Not at
all, fays But I fay, yes without all queftion. Then
fays Ehilo. to Erag. again but what if two o.r three malicms
ftllolrs p?ould fwear that you were in the piot^ would you be fuch a
foolio bdie'Ve it ? No, layes Pr^i^. thecaleis alteEd. I "^oukl fay
the J Utrc a Company of ^fcals that fmuld J wear I Hyas in the P/of,
jphcnJknew nomore of it than the Child unborn. Upon which
Vhilo. very Imartly relorts upon Erag; Fhen the hQngs Rvi^
dence It ferns may be a Company of ^Jcals^ if they floould depofe
anything again ft you but not againll another ^ and then procee-
ding, may not another mans conjcience^ lays he,^(^A'c thefe boldSwea"
rerSj the lie^ as well as yours can do? Now I appeal to
(peajon itlelf, whether Inch an impertinent Quelfion as
this, might not have been dilcufled more calmly without
refleding lb fharply upon the Kings Evidence ? For Mr.
UEftrange cannot imagine men lo lenleleE, as not to dif-
cern the mark at which he directs his aim. There is no man
but may palpably perceive how he frames his Story pur-
polely
1 J
pofely to take his opportunity to be-
linear their Coats with his claiibin;>-
brufh. With which he gives them no
lefs than three rilthy touches one after ■
another. Alahcious jdlows, a company
and told Swearers. For doing of
which , though perhaps he may nave
gratifyed his revenge, moft certainly
his prudence can never applaud him,
fop that in doing a great deal a
Mifchief he does himfelf no good ^
I mean, unlefs it fpring from thofc
who have the only realbn to encou-
rage his proceedings.- Otherwiie ro
blemilh the reputation of thole upon
whofe Teftimony like fo many hinges
of Truth, the Juftice of the Kingdom
has hitherto movd, in Affairs of^ fuch
vaft Importance, is a violation of all
his proteftationsto the higheft Itrain;
befides that he puts the weapons of
his own paifion into the hands of the
Fnemy.
'Twill be in vain to ailfwer with
Shifts, and Similes and Flourilhes, or
to, cry , who can fay I meant the Kings
Evidence • or, why Jhoald any man think I
intended thcfn ? For the Kings Evidence
H were
1 2^ ]
were the perfons chiefly concern'diif
his grievances , and therefore men
will take the liberty of their thoughts,
though he write IMalogues till dooms
day> So that if the ft ream of opini-
on run fo violent againft him, he raav
thank himfelf for pulling up the SIut
ces.
t
However leaft men fhould mifdoubt
the bufinefs, he gives his Dear Phik-
LEftratige a Commiffion to bray it out
to the whole world , for upon his
complaint, that he Ihould not have
the lame Liberty as others, Pragmaticus
' asks him how that fhduld be, when his
own conscience tells him he is a Papift? Sa
that if he would hut have dealt ingeniioiifly,
he fhould have gone to the Council, and
infornid againfi himfelf. How! fays
VEfirange, have a care what you fay, for
if Dr. Oats and the reft Jhould come to
know that yon Jhould offer to advife any man,
. Papift or not Papi(l, to do any fuch thing,
fake my word for it, they would certainly fall
foul on you for going about to take away
their^ lively-hood.
' V ..
\ ■■
Now this is not to fall foul upon the
Perfons,
PeiTons, but upon fubftantial part of
the Evidence itfelf; as if the Dii'covery
of the Plot had been fram'd, and fo ma-
ny Perfons had been executed,ta accom-
modate the Neceifities of them that rave
the Evidence; and that they made a
Trade of Informing againft people, right
or wrong; Tham which, he could not
have invented a greater Reproach, to
make the Pope and all his Cardinals iner-
ly-
r •
» *
And yet after all this, you dhall hear
him protefting hirhfelf, to be a true Pro-
teftant and a Church of England man. Be-
lieveit that will, for my part I never flnallj
neither fhall I advife any Body fo to do,
but rather the Contrary: Neither is it
a farthing matter what he is, whether .
Proteftant or Papift, confidering how he
writes. And 'tis well the King's Evidence
care not a ftraw forhiSiRefpecland Re-
verence, fincehe hasfo irreverently for-
feited it all, to the,Diflatisfadlion, he
may be fure, of the Generality pf the
Nation.
» . .J
For if what he faies be itrucv ijU the
Monthly daies of Humiliation, as the long
H 2 Par-
[28J
Parliament enjoyned, and as many nioi'e
v/ould not Icrve to expiate the Injultice
already committed. If it were in the pow-
er of man, thefe injured people ought
to be recaifd from their Graves, and re-
ftored to Life, to behold theworle ends
of them, that made a Trade of Informing
againft them • and all the Homage ima-
mnabledone them to obtain their For-
C/ *
givenefs.^ What could all the Colledges
of Jefuites, or all the Cells of Monkifh
Superll:ition,have uttered more virulent,
or more venomous to the Proteftant Re-
ligion ? He boafts his Loyalty,and there
is no queftion to be made, but he has
been very Loyal. But if he hath former-
ly given down fuch good Milk, he now
does very ill thus to fpurn down the Pail.
So dearly might the Protelfant caufe pay
for this ffalhy Conceipt of his, if his Cre-
dit were currant Coin. Tell the King's
Evidence, that they make a Trade of
informing, and proteft himfelfa Prote-
Rant! 'Tis impolTible: For I muft tell
Mr. L'Ejirange, 'tis the very Language ,
and the. topping Afperlion call upon
thern,' by the Vindication of the Englifb
Catholicks, Printed at St.'Ome/s.
But
1^9]
But to proceed a little farther, here
Mr. V Ejirange keeps a racket, whether
Proteftantor Papift, aDifpute of no va-
lue, as not concerning the Nation three
pence ^ but in my opinion, he begins at
the wrong end.
He is fupe£ted to be a Papift, becaufe
he is fufpefted to be in the latter part, at
leaft, of the Plot, and not for any other
Reafon.
*Tis true, he was acquitted from be-
ingin the Plot, at the Council-Board ;
and fo he was from being a Papift: And
yet the fame Sufpitions and 5urmifes
remain in the Sentiments of the People,
as well as to the one as the other.
Why could not that Acquittal fefVe
his turn,as well For the bulinefs oi?apiji or
mo Faptft:,as for the Accufation of his oeing
in the Plot ? For as to the latter^he is con-
tented to free himfelf only with a filly
Story-of MonfieurCi&tfp^za, and by way
of Proteffation, as little to be credited,
as hehandles the matter, as hisProtefta^
tions of being a Church of England man.
I • ' But
I /' ■■
r 30 J
But about the Concern of Bapijl^ot..no
Ihspjfi, here-is iuch a clutter, as if his Life
lay upon't, and that one of Queen -Ma-
Ties Bonfires were flaming to receiyeyhis
Carkafs, if he did not quibble oujt rthe
Contrary. Dialogues uptw Dialpgues,
as if he blew them out or his Nofe. He
fhould have begunhisOialogues, tohat'c
cleared hirnfelf from the main - Ac-
cufation, and that in a more ferious
nranner too, than he writes j and/then
the Difpute of Bafill or no Bap\t, would
have fallen of Gourfe. The^ People'of
England do believe, they have reapt fuyh
a Benefit by the Difcovery of the Plot,
that they will.neventhank. Mr. L' Efirange
for drolling upon it. And therefore I
am very ibrry, that he is fo much;milf a-
ken in his Dialogm-Oecononiy.
e'. .;j- ^ ' ' b ■ ' ' —
^f lis next Flirt ^at the 'YJings Emdmce. js.,' [ j
^That the Notorious Hi -M^anners of his Accufers
-N'lx Tbe'am. for Difcourfe,. To which Tlay,
that he ought to explain his MeUning-
Tor if by Manners, he intends Cu{lorns,and
Co'nverlation, he "is requited to make
-it but. • ,< '? ;:bd
' ' i: ''so ? 'ii
And now as if he got a" clevgr viflory,
he
<
[-31 ]
he claps his Wings, and Crows, and Me-
naces all the Worldwith a Woe le ti.joit
Scribes ami Pharifees. Nay he threatens
to return mtb a Whip and a Belly .to. laJlicelU
nhofe. barking Gltrs, ttaP durfi hardly fnarle or-
grin while he fiewedMsipjacr. . 'But fofimy
part, if I might be thought worthy of
giving it,I^woiild'¥dyife Mt.' LE(iran^e to
takdmyCoiMleljvt^liiGh is indeed no more
li wnat'^Jite hi^felf has refolved,and:-
more proper and comely for a Gentle:
man to keep his Word, than to run ^
Cur-hunting up and down tb^ Streets,
with a Whip and Bell in hifhahd.
" .Qbferve then, that he has fairly pro-
mifed, at the end of his Appeal, to betake
himfelf to the qaietefl way of making his Ef-
cape, out of an Impious and Trapanning Worlds
into a better'Ho he muft expert,that thefe
bawling Curs will !never leave him off,
but with their yelping and yowling will
be continually worrying his Brains,-and
tormenting'his Eartes in this World. And
therefore lAvould not have him recede
From his lirft Refolution. Befides tliat
it will be of ill Confequence j for when
' 12 peo-
I 32 J
people find, thdt a man has been untrue
to his Word in one thing, efpecially in
a matter of fuch Importance, as going
to Heaven, they'l prefently believe he
may have failed, or forgot" himfelf, in
all his other Proteftations. ■
Thus the Reader is tpeonfider the In-
formations themfelves, the Nature of
them, their Purport and Extent, and
what may probably and rationally be
concluded from them^and Mr. L'Eftrange
is to cbnfider the reft. ,
T . '
POSTSCRIPT.
That the World may be certain , that a Church-
man o^EngLind did command in the Parliament Ar-
my i Oblerve what has been written on this Occafion by
a Famous Author, in a Book Entituled , The Trofefsion of
Se'Vcral, whom tfyefe times ha'Pe. made and called NonconformiHs.
Printed I 67 Pag. 115. He puts this Queflion.
" If the War had been railed only by Nonconformifts,
yet why fhould a 1000, or 1400 Minifters ?tow, that
" were never proved guilty of any Wars, be filenced and
" ruined for other mens A(!Fions; any more than the Con-
" foi mills for the Arch-Bifliop of YorlCs, who was a Cora-
^^mander for the Paidiament ?
And then what becomes of Mr. L* B^irange's Tofitipe
Jper >
' ' '
FINIS.
\