■ ..4 rnwmmmmmmmmsm JNEW discovery! P T U t? * *1 PRELATES TYRANNY, I* J 5 & ^ • -•- f /yru^cLll t y ■ J --~ VJ— -- ned rhyfitianh and M r . Henry Burton ; a reverent Divine. *j| Wherein the feparate, and joynC proceedings jp againfkthem inthe Higb-Commijfion, and Star-Chamber b- *§ their Petitions , Speeches, f 'ariages, at the hearing, and Execution oi g* their lafl [enter.ce^ and the Orders^ Letters for, and manner of their ^ removes ft^and clofe imprifonmsnts in the fifties of Lancefion , Lan- <£ ,*© cafler,(farnarvan^ and ffles of Sjlljfjam'cy and frfy $ The proceed- <3 dings againft the Cheftermen^ and others before the Lords,and High (fommifft oners at TV^.for vifiting M l ‘. c Pryane $ The Bifhop of 3) ^hesters order , for Alin’fieri to preach againft M .Prjnnc, and the Torke Commiffioners decree to deface , and burne his piflures at (fhefter high-Croffe* j The Hottfe of Commons Order for 5 and manner of their re* * tames from Exile y their petitions to the P aril ament • the Votes of the I Commons hottfe upon the report of their Cafes ? declaring the proceedings And eenfures againfl them ilk? dl,grow dicjje,and dgsinfi the Subjects liberty > with ***$ M .Prynnes Argument, proving all the parts of his cen\nres 3 with the pro- L *£,3 ceedings againft Hw,and his CheJIer fr iends At TorfiJo be AgAiojl Liny are truly related $ for the benefit of tlie prefent <3 age, and of pofterity* 3* _------ yi -g, *S ' Seneca , Medea • " Q^* illiquidftatuerit parte in audit a altera ; /*** rette flat ueritf and squus e(l Index* --- s* s PJAL 94 20,21,22,23. shall the throne of iniquity have fellowihip w.th thee which frame tWch.efe ^ Jh by a Uw ? They wtf.r themfelves together againft th efoule of the Righteous , and *% condmne tbt Innocent blooA: Bi t the Lord is iny defence, and my God is the *. __ *g Rock of my Refuge ; And befiutl bring upon them their owe Iniquity.jndjball cut JT: them off in their owne wiclgdncfje y yea 3 t he Lord our GodJhjll cut than of Printed at London for M.S-i 641 . <5 WOif To the Courteous Reader. Inde Reader 3 1 here prefent thee with a late tragical! Hiflory, or new Dilcovery of the Pre¬ lates tyranny , in their unjult Prolecutions, Wbloody Peifecutions^/* three eminent per forts of the three molt noble PtofdTions in the Kingdom ,Divinity ,Law, Phyfick^;/ /offering together on the Pillory (much honoured Joy them 3 and they by it ^ & lo- fing all their pares at once Jo make tbemfelves heare better, and the Prelates * worfc.Such * Qui mfe ft- a fpcchcle both to men ,and Angels, no age at mle aud,t ' ever Jaw before ■ and poferity is never like to behold hereafter. To heare of Lord Bifliops metamorphofed into 1 " ravenous Wolves, * Ms *>.■&. is no Noveltie * they have been thus in every A ageynd will be fo 3 whiles they have continu- anceiBut to fee themmo unted to f%ch an Alt i- * 2 . tude _ C 4 J , * ' ' " ' -- " . .* k r k ’T ; ■■■-■ ■ ' ■ --- Altitude of Authentic, arij. Tyranny } as to crucify Divinity, Law-P hyjfick on the Pil- lone togetheri and to mafej udges, Pecres, and Couits of Juftice^/ 1 Sovefaigijitie it ♦Sec f°x Aetffe/f e 3 the " executioners of (heir Malice, v6L>“ C S- auc ^^ an< ^ private rcveng cjfyjuch extra- Edit.iiit. yagant andmlroden comfes as were unknown to our Ancejiors , isfxch a prodigious inno¬ vation, as neither Affrica nor Englandenjer beheld the like • and never had beene brought forth into the Wor Id , had not a venomous Archprelate proved a Father to engender y a Mother to ffler y a Mid wife to produce and bring it to its birth . But alas poore filly "Politician ! whiles he fought lhefe innocents mine by thofe unwars rantablepratfifs, he laid but the foundation # P °f^' LS 0wn overthrow - in the*p nare that <.28.io. * helayd for them, is his own foote taken itf. in to the pit that he digged for them , he is PMi4oJ.to, ^ cn himfelfe • his lhares are broken, * r - they are efcapcd y and he now lies int angled in * p/i/.ao. 8 . them *?he is * call down and fallen,but they’ arc riien & ftand upright; his mifehiefe : now __ now returnes on his owne head 3 and his violent dealing comes dovvne upon his own pate • evill now hunts this man of violence to overthrow him, and the mif- chiefe of his owne lips doth cover him. * As hee hath done, fo God hath requited • /.%n. r . him.* Whiles he made half to fhed their * blood^hedid butliein waite forhisown ; ^ndhe* that did violence to the blood 'Pnv.it.ir oftbefe perfons^now fleethto thepit,(<«j God hath threatncd)\zt no man Hay him ; hut let allfland admiring Gods lujlice upon bim 3 andhis admirableprovidence 3 andmercie in preferring, de liver ing 3 and * acquitting ><>>*■ them from his un juji cenfures 3 and that in the highejl Court of lujiice 3 \pitbout one negative VoyceTrfjemdnifejlaiion of this remar ffile Iujhce, Mercy and Providence of pur great Gcdff glorious in holineffe 3 fe^refull in 'ixodu u -«. prayfes, working wonders ; not onely of old 3 hut at this prefint 3 even in all our Byes 3 * doing great things for thefe Patients 3 fir * Ffahl6 1>h the wholeLand 3 whereofwe re joy ce) was the chiefe end of puhlijhing this Difcovery, * x where - The Epiftle. whereby to daunt all gracelejje Perfecutors, andchearethefoulesofall fincere prof effort. If thou reape Benefit or Comfort from it, let God enjoy thy prayfes , the Compiler hereof thy prayers. Farewell, and profit by what thou read eft. A New Difeovery of the Prelates tyranny, in their late profecutions of Do&or r Bafiwick, 3 Mx. Burton ,and Matter Prynne . y * This Archb. at the delivery H E new Arch-bijbop of Canterbury, with r ^ e *° r (ome ocher Prelacer of .he combination , maligning Matter Prynne, & fo extreamly Matter Burton^ for fome booke? they had enraged, that written againtt: the A r mini am and D. hcand (ome i- Co fens his private Devotions ; about 12. ° r 4 ' B f lfll0 P s yearesfince, getting the raines of Ecclefiaflicafl autTo- we°m out "of rity into their owne commands.proiecuted them leverall their Court times 3 and tearmes in the High Commiffion^fov thofe their ( t ^ len kept ln profitable, and innoxious bookes: whence being delive- the ConG1 W red by prohibitions , granted them out of the Kings tern Fufv favin* porall Courts at tVeftminfier • thefe Prelates gi ew more * ibe/muldimw- inraged againtt them , watching every opportunity, and diatly -epsire to laying hold on any occafion to worke their ruinc. Matter Prynne not long after, about Chrifiide 1632 , publ’ftied a booke againtt common EnterludisTlntmiled, Hi (trio- APa/Hx, licenfed for the prefix by one Matter Bucfner, words /and houfe-hould Chaplin to thethen Arch-bittiop of (fan- threatning to ter bury , Abbot ; and publiflied with his approbation, l 3 ? after lerious perufall thereof,both in the written, and the printed Rule. ( 8 ) panted copy. It can* to paffe, that feme fix wee fK! b Vj thcir mOnnienti, the next day a/terthis booke to the paltorall afted , carrying Mafter Prjmcs booke to his King, was a Majefty, * (hewed him fome of thole paflages, efoeciallv few monechs that in the Tabic, and mifinformed his Hifbmff'J and the 35SS Mallet fty-ee W the Towerfor 4 -W her paftorall' whereas it Wasliccnfed begetting one and molt of thole paflages printed neerc two yeeres be- of the aftors fore j and the whole booke finiflied at the prt/Tc at leaft wU^wiXhild t r hree . mone r t K and publiflied fix wcekes before theper- foonc after it onat,n S p^this paftoraII:5ut this mifinformation oneiy was afled, and f xa * perating the King and Quecne againft Mafter Try me making a reall tor the prefent,and nottaking effeft to worke his reitrainr commentary their Majcfties being truly informed bv other, thirl- text, both the r r al . I ^ a l thou 8 ht . of Archbifap thereupon cau- SsXLm too f “llf'd' 011 ' °- ' h ' bo,kc - »'” d Ptjnxes fellow V> g . m u *° J. veral1 h ° ads * a $ might draw Mafttr prifoners in p rj»»'into Queftion for JftPPofed fcanLktherein of the the Tower, A ***£» Queene , State and Government of the Real™, Grange prori-Hereupon the Dottor drawes ud fi.rh r n xi- * ration , ‘* renccs u P on c . hem » not warranted by Mafter TryLs * Pag. * 7 i to * e «> and delivers them in writing to Secret:.™/,, u <;8. and the ^rcMiftop. The prelate ,Kf33 l y tl minion The Pr elatetproceedings again/} M'.Prjnne- minion,takesM r ./’rjw booke,and thde collcftion.*, and, repaireth with them,on the fecond Lords-Day mor.inig in Candlemas Tearme 163 2 , to Lincolns lnm , to Matter Noy then Kings Attourney generall j and keeping him on that facred day both from the Chappell and Sacrament, £ which he then purpofed to receive ) (hewed him the (aid book andcolleftionsof fome pafiages out ofit which he (iid,his councell informed him to be dangerous : & charged him on that duty he owed to his Mafier, the King i to pro- fecute Matter Prynne for the fam" . M ifter Noy before this, had twic e read over the (aid booke very ferioufly, and p rote (led, that he faw nothing In it that was / "ca ndalous or cenfurable in Star-Chamber , or any other Court of Iu- dicature j and had thereupon commanded one of the books ( which Mafter P rynne delivered him ) to be put into Lincolns Inne library for the u(e of the hou(e; in (o much that he was (odilcontented at this command of the Arch-prelate, that hewifbedhe had beene twenty miles out of town* that morning. But being commanded hee inuft obey; and within few dayes after,Mafter P rynne t by this prelates inftigation, was fent for before the Lords to the inner Star-Chamber, and by them lent prifoner, with 4. of the Kings Guard to the T owcr of London, on Feb, the firft 1632, with this warrant,to which this prelates hand among others, was fubfcribed. commendations j whereat there is caufe to reftraine William Prynne Efquire, and to commit him to your cujiody , thefe are there¬ fore to will and require you to receive into your charge theperfon of the faid William Prynne,W to keepe himfafe prifoner in the Tower ^without giving free accejfe to him , untill you fhaU receive further 3 Order: with his tcepcrl On the 17 o(Feb, 1633. he procured this heavy fentence againft him in that Court: That Matter Prynne fhould be committed to pri/bn during life , pay a fine of 5000 pounds drtf” gi he eXp - /le i Lineolns Inne , difbaJed^nd jW ed ?*‘*° tXerCtfe the Profit™ °f a Barretter; deCt dedbj' tbeVniverfitJ of Oxford, of hi degree there tate „. ? the mor 3 at Weftminfter, Jhh a paper on his head declaring the nature of his offence , and have TCfilllry E ht%r eS CA V*** timcbe f^ ™ m pillory iwCheap-fide, mth a paper as afof Math and thfre have *»«*, c, 4?L ,ha< l ftfli,it made ■ _ 00 made before the faid pillory, and, the hang-man being there ready for thatpurpofe, Jbad publicly in dtfgracefull manner , cafi all the faid boohes which could be producedf to gather up which,Mefiengers with fpeciall warrants, werefensto bookefellers into divers Counties ) into the fire to be burnt , as unfit to befetnt by any hereafter 5 no particular paflages of the faidbooke, on which their unparallefled ientence was grounded,being fo much as mentioned in the Information , replication, or decree as by Law they fhould, and doubtlefle would have beetle , had they beene really oftenfive, dementing fuch aCenlure. But theinnocency ofthefemiiconftruea and perverted paflages (being fqr the moft part the words of other approved authors,) was thecaufeof their concealement and not recording: and though many of the Lords never dreamed of any execu¬ tion of this hard judgement, and the Q ueene (whom it moft concerned) earneftly interceded to his Ma/efty to remit itsexecution; yet (itch was the prelates power and malice , that on the fcvench,and tenth of i^tay fol¬ lowing , (even in cold blood ) it was fully executed With great rigour. Whiles Matter Vrynnes wounds w ere yet frefli and bleeding, within three dayes after his exe*- cution, this csdrch-prelate of Canterbury , to adde more waight to his affli&ion, againft all Law and equity, when there was no fuice pending againft Matter P rynne in the HighCommi(fion,& his fine in Star-chamber uneftreated, granted this warrant out of theHigh Commifllon for the feifure of the books of his ftudy, (conveyed to his Tay¬ lors houfe in Holborne ) of which his fpies had given him Intelligence- 12 Y be Prelates proceedings againjt M'. Prynne. XT Pen /pec sail con ft deration , Thefe are to wiU and ▼ require you in his Majefties name , by vertue of his HighneJJe C ommijfsmfor caufes Eccleftatti call un¬ der the great Seale of England, to us and others dire&ed, that forthwith upon the receite hereofyou ( taking a Confiable. and fuch other ajjtjlance with you which youfhall thinke meete) enter into thehoufi o/Thomas Edwards dwelling in Holborne , and therein andin every feverall rootne or place thereof or in any other houfe or placets well in places exempt , as not exempt,and that thereupon you doe make diligent fear ch for all Pamphlets ,books and writings, either in hampers or other wife,belonging to MaJijer Prynne, and all fuch fa found t<>feize and apprehend, and at¬ tach , or canfe to befeized, apprehended and at¬ tached, and that thereupon you delaine them under fafe cujlody, and bring a true Inventory of them forthwith before us or others our colleagues. His Ma¬ in What Lsvti e ft* et Commiffioners in that belalfe appointed, that is there for you thereupon they may be difpofed of accordingto the* a® U £ Uv f: andasfhall be thought meete, and agreeable to Books of men. luJtjce'.wiUmg and requiring in hi/MajeJhes name, by fludievgainft authority aforfsid,allufiices ofpeace,Majors,Sherif/s arepSdingbe- all other hisMajeJlies officers, fore you? Or and loving Jubjefts to be ayding and affijling unto 2?STSEir d n ^t m, r ,>X . ,xecK,u T W »" the, ten ■ tendL»w,vrhcn " er Ms Majefilesfervtce , and will anfwer the con- KiTnftlaw? trar y *5 the Prelates proceedings againfl M ^Vrynne. trary at their perill. Given at London jhis thirteenth day of May , 1634, Will.CanCcr. Jo. Lambe. Na. Brent. Utro.GWynne* Arth. Ducke. Rn. Avlptt. B Y vcrtue of this warrant one cartlode of Matter P rynnes bookes were there feUed, and carried away by Croft ; of which Matter Vryme complaining, the Archbifhop i n the open Court in Star-Chamber de¬ rived the granting of this warrant, though yet extant under his hand, and promiiecf prefent reftitutionot the bookes $ and yet gave under hand order for detain¬ ing them till they were extended, and fold for Matter p rynnes fine in Star-Chamber ; fuch faith and truth is there in Prelates words and aftions. Matter P rynnt remained (undry ycares a prifoner in the Tower by force of the former cenfure : during his imprifonment there, the prelates brought Doftor 'Bafiwicke into their High Commiftion Inquiiition, for his Slenchus paptfmi , and flagellum Epifcoporum Latialium : and there, without any Juft ground or cau(e at all, patted a heavy and un juft cen¬ fure upon him ; by vertue whereof hee remained dole prifoner two yeares in the Gate-houfe , the limbus patfitm of our ghoftly fathers: where he writ a latinebookc (tiled. Apoltgeticus A C14 ) ___ lords of Councell, declaring the injuftice of the pro¬ ceedings and cenfure againlt him in the High Commiflt- on, which was printed, and a let any in Englift. Not long after Mailer Burton upon the fifth of November, 1 6 36.preached two Sermons in his owne pariih- Church in Friday-fireete in London upon Prov. 24.21. *2. My fome feare thou the Lord,and the King, and meddle not with thofe that are given to change , drc. wherein hee laid open the Innovations in doftrine , worihipand ceremonies which had lately crept into our Church g and wiihed the people to beware of them, The Arcbbijbop hearing of it, caufeth Articles to bedrawne up againft him in the High Commi(fion 3 and fummoned him to anfwer them.outof tearme,before Doftor Dncke , at fhefwicl^- where he ap¬ pearing,inftead of anfwering,appealed to the King,which appeale was formally entred by the Rcgifter : yet not- withftanding,within 15.dayes after, they fummoned ht pi to appeare before a private Commiflion at DoPlors Com¬ ment, by direftion from the Arch-bt{bop,znd there iu/pen- dedhim, both fr om hi s ojb.ee and benefice,and granted out attachments to apprehend TumThe Hereuponkeepes his houie, prints his Sermons, with an Apologie , to juftifie his appeale 5 which hee dedicated to the King, with Epifiles to the Lords of the Counfell, to whom his wife preferring fome of thole printed Sermons, by his di- Kftion, was committed by the Lords for her paines. The High Conlmiffion purfevants not daring to breake open Maker Burtons doores to apprehend him,the Arch- piJhop.andBt/hop of London made a warrant to one IXendi a ferjeant at arrnes,to apprehend him, of which this is a trueCoppy. I X Htfefhallhe to will and requireyou to makeyour * immediate repaire to any place where yon frail underhand of theprefent being of Henry Burton Clarke, < H> Clerks, and having found him, to take him into jour cuftody , and to bring him forthwith and in your company (alldelayes andexcufes fet a part ) before us j to anfwer to fuck matters as foall be objected agaittjl him - And you are further by vertue hereof to require and charge all Majors , sherijfes, lujlices of peace-iBayliffs-, C onjlables , Headhorughs, and all other his Majejlies Officers and loving Subjects,to be ay ding and ajjifling unto you, in the fuff and due execution of this fervice , whereof neither they nor you may fayle at yourperifft. And this [hall be unto you and them a Jufficient warrant , Dated at Star-Chamber thefirJlofFeb.i6%6, * W. Cant. Tho. Coventrey. Guil.London. Arundell and Surrey/ Henry.Vaine. I.Coke. and firft man in all the wat~ «jntt§* T o Edward Dendy Elquire,one of his Majefties Serjeants at Armes. r ^ X f bv »t B Y force of this illegall warrant ( exprefling no cauft of Ma tter Bu rto ns appr ehenfion as by law it ought) lerjeant Uittdy camcTo^lafter Burtons houle in Fridaj-jlreeteyhe lame evening betweene ten and eleven of the Cloche at night, accompanied with „ .. . . Alderm an <±Ab 4 , then Sheriffe of London, adddi- . „ ,c .. ® verft armedY 5 fficers and Purfevants, and befittinghsth refold'd' his home, violently broke open his doores with tobecagainft Iron Crowes, and attached him in his hou(e,hemak- LiW * and ,h « ing no refiftance: and the High Commilhon Ptirlc- vants entring in along with him, by warrant from Sc opzT the mens houfes. 1 6 The Prelates proceedings again (l M f . Prynne • the High Commifliun under Canterburies^ hand and o* thers.fearchedhislhidy, and tooke away fuch bookes, and papers with them as they pleafed, and Malter.5«r- ton that night was lodged where the preachers at Fauls- Croflc were entertained, and there kept prifoner till the next day, when indeed of being brought before the Lords as this warrant required, heewas by another war¬ rant, without any caufe exprefled, committed clofe pri¬ foner to the Fleet , the Coppy whereof (to which Can- ter burfs hand is firft) here foJloweth. *T*Hefe are to will and require you to receive into your cuflody theperfott of Henry Burton Cler^e, 'canterbury f e „t herewith unto you , and to keepe him * clofe pri- Stti ffcrd, an l} ner in F leet ,notfufering any one toJpeake with though aecufed him untill Jurther Order , whereof you may notfaile To the Warden of the Fleet or his deputy . M \fter -Burton hereupon was fcut up fundry weekes clofe prifoner in the Fleet, fo as neither his wife nor friends could have Free accefle unto him, In the in- terim, betweene his Sermon preached and his imprifon- ment, two bookes, the one intituled , as* Divine Tra¬ gedy, containing a Catalogue of Gods lai The Prelate*proceedingsagainflM^Prynne^c. 17 Sabfot th-breakc rt , the other Ne rves from IpCwich , dif- coverfitg iomelate Innovations in Religion brought in by the Prelates, and fome extravagancies of Bifliop Wren in his late Vifitation, were publilhed in piint, without any Authors name annexed to them, wherewith the Pre¬ lates were much vexed and perplexed. And confuting with themfelves which way to vent the extremity of thc-ir malice upon Dottor Bafirvickj Matter Burt on, and Matter Pryme^ they at laft refolved to exhibite an information againft them into the Star-Chamber in Sir John Banks his Majefties Atturnies name, with thefe two latt named bookes, Doftor Baftwicks // though hi* Ci unfell h.td leave to have accefle and to confer with him in the Prifm: Tetto take awayaU allegations orpretencefor excufe herein y heir * God forbi i Lor ffi T Pj " ave thought fit, and order ed/hat the faid he ftiould have Mafter Burton Jhall have liberty to goe abroad with cenfc ir ,h ,mc ° u ™ u vour With the be defireth the fame , and that hisfayd Keener Prelates. w to have fpeciall care that the fayd ( Maker Burton IZfons mke df t ° f ^ Uheny t0 ) con f crwith other perjons , and that he be permitted to goe to no other place , DO&er Baflwicfidnd M*.Burton in the Star-Chamber. place , but to hit fityd CotmceU . And that thefayd Mafier Burton jhall immediately appeare to the fayd Bill , and make anfwer within ten dopes after. And thereupon the Boord will give fitch further Order as f!)all be fit. Ex. Will: Becher. 19 T He Prifoners upon this order having liberty to goe abroad with their Keepers, firft repaired to the Lord Keeper, and petitioned for counfell to be afligned them .-which granted, they repaired to their counfell k Lincolnes and (frajes Inne , where meeting together, and conferring a fhort fpeech(in the pretence of their keepers) with their counfell,notice thereof was immediately given to the sArcbbifio^ whereupon their Keepers were (harp- ly checked, and charged not to permit them to meete or fpeake together any more , which was tiriftly ob- Mafter Prjnney fearing that they fhould not be permit¬ ted to make a full anfwer to the Information, drawes up a Cr«{fc-Bill againft the Archbijlop and others; wherein he charged them, with ufurping upon his CMay Sties pre¬ rogative royally with Innovations in Religion, Licencing of pepifb and Armenian bookes y and other particulars : which Bil being logrolled and figned with all their three hands, Mafter Prynne tendred to the then Lord Keeper* with a petition, praying; that it might be accepted under their owne hands* face it concerned his OWajefty and RchgiortJo muckjmd counfell durft not fane it for fear e of the prelates^ alleadrw > in the petition 3 that if the charges of the Bill were ‘true ( as they were ready to make good with their lives,') then their LordJhips,as they hoped,’would think* meets they fhould he examined , and the prelates put to anfwer, and pjiifh'dfor tkem:Iffal/e;that then the Bijhops to cleave them 20 lives taken away The Prelates proceedings againji Mr. Prjwne } &c. futpeBcd Inncccney to the World, would be williwytoan- fiver it , fince their declining its anfwer, would imply a gutltintffein them. The Lord keeper receiving this Pcti- tion and crcfft-BUl , upon reading the contents thereof, refufed to admit it, delivering it to the Kings zAtturney, and ( as I am informed ) the Archbijhop demanded the opinion of the Judges; Whether thefe three complainants * y eJ anc j might not be punijhed as 'libellers for exhibiting this Crojfe- bavc their £'// stgainjl him, and other Prelates: who all but one refolved; that they could not , becaufethe Bid was tendred in a legall way , and miekt not.in point of law be refu fed • the Kings (founts of luflice being open indiferentlyto all his Subjdls, to fue or be fued. However this Bill was fup* prefled, by the Prelates power, and Mafter Prynne with¬ in a weeke after his appearance to the Information, by the zArchbifiops procurement, had his Chamber in the Tower fearched by Mafter Nicholas , one of theClcrkes * This Purfe- °fthe Counfell, and a purjevant of the Bifhops lent to vantw3s,foof-over-looke him $part of his inftru&ions for his anfwer ficious that hee they feifed, and carried them away to the Archbifhop his fervant who fhou!d follicite bufinefle, was attached by ciofe-flode, a meffen g er ancl kept clofe pi lloner in his houfe above ten though Mafter weekes (till after the hearing) without baile or main- Nicbolis vsfilhed prife; which was utterly refufed ; the liberty of Pen, Inke him lo for ‘ and Paper, to draw up his anfwer and inftrua his coun- Lnd omhiog fel1 was then alfo inhibited ; himfelfe fliut up clofe pri- but a fitting ioner 3 and all his friends debarred from himjby a verball x, ' r *.. °f clcr only. Bywhich ftrange proceedings he wasutterly difabled to put in his anfwer, which heeearneftly de- fired,and was denied accefle to his councell contrary to the Lords former order ; Thisdone, on the 28 of April Mafter Trjn , and his Co-defendants by an order of the Court , were injoyned to put in their anfwers to the Information by Munday next came fennight , by the ad vice of their counfell , and under their hands, or elfe the matters Nofe&ay to recompcnce his induftry, 21 The Prelates proceedings againfl M '.Prjinne, <&c. matters oft he Information (hould be taken againfl them pro confeflo. He (having no liberty then to goeto his coun- cell, and they for feareot the Prelates being unwilling to repaire to him, ortomedleinthecaufe ) thereupon petitioned the Court, that ( having beene a Barrefte r at law ) hee might have liberty to put in his anfwerto this Information under his ovvne hand ; annexing fiindry reafons to the petition, why his owne anlwer, in thifi cafe ought to be received without the hands of his counfell. This petition (together with an Affidavit of the particulars therein alleged) was prefented and read in open Court the fifth of CMay 13* Caroli. of which this is a true Ceppy. Matter Trjnnes firtt Petition to the Lords the 5 .of May 1 5. Caroli . To The right Honorable the Lords of hisMajefties High Court of Star-Chamber. The humble Petition of William Pryn dole prifonerin the Tower of London. Humbly tticwcth, f l "1 Hat whereas the petitioner 3 on munday laft, recei¬ ved from Mafter Goad, an order of this Honorable JL C 0Hrt > ®* te d the 28. of April 1637. Whereby he is enjoyned to put in his anfwer to the Information againfl him 3 by munday next y under his counceRs hands , or elfe the matters therein contained Jhall be taken againfl him Pro C 3 confeflo^ T" 22 Mr-Prjxnes Petition to the Lords cenfeflo, That the petitioner, in regard he hath beene de¬ barred all accede to his counccll a week.es Jpace and more, deprived of the ufe of his Servant , yvhofhould follicite his bufmeffe for him, being detained clofe prifoner in aMef- fengers hands j debarred all accefe of friends , the ttfe of Pen , and Inks > *”d difabled both in rejpett of the quality of Us caufe , the greatntjfe of the perfons whom it com ernes 5 the diver fitysfhis councells opinions , and the difficulty of pro¬ curing his councell to repaire to him to the Towes, during the Ter me,to advife him, he having no meancs to reward them according to their paints 5 and for other reafons men¬ tioned in his Affidavit, ts utterly difabled to performe the fayd Order , to put in any anfwer without great prejudice both to himfelfe and his caufe , which much ccncernes both the King) his Cron ne and dignity, the Religion cfiablijhed) and the liberties of the Subjell infringed by the Prelates, and their confederates. He humbly therefore befeecheth your Lordjhips , not to cxaSl impoffibilities at his hands • but in this cafe ofncceffty ( according to many late prefidents in this Ho¬ norable Court ) to grant him liberty to put in his anfwer by the fayd day under his owne hand, he having beene a Barrefier at law , and not under his councells , who re- fufe to doeitoutoffeareandcowardife (being more fear- full of the Prelates , then of God, the King, %is Crowne , and dignity •,) and alfo for the caufes hereunto annexed\ which he in alt humility fubmits to jour Lord (hips wif- domes andIufiice. alnd the petitioner for the concefp.on hereof,(hati ever pray for your Lordjhipsg&c, The M Wynnes Reafons to the Lords. 23 . *$<* X*-r X'!t £&1 sf* s4-» i i £s tH iko afea tka fSi tH(^3 ^! The reafbns why the petiti oner (MaflcrTryKw^) humbly conceiveth, that this honorable Court ought in point of law and Juftice,to admit his anfwer un¬ der his own hand, without his coun¬ cils, which he cannot procure. F Irft, becaufe there are many late prefidents in this Court,wherein divers defendants anfwers have been admitted without the hands of councell, in cafes where no councell would let their hands to them,as Clo/i, and D oftor Lawtons cafes ,with many others ,and but one prefident only againli it: which being ancient, fingular, upon a fpeciall reafon,in cafe of a Woman, not of a man, much leflc of a Lawyer, and in a farre different cafe from this defendantSjOUght not,as he humbly conceaveth,to 0- verballance the prefidents for him. Secondly, becaule upon an Ore-tenm and Interroga¬ tories in this Court , in many cafes before his Majefty and the Lords at the councell-Table, in Parliament, and in the Kings-Bcnch upon Indittments ,and Informations [efpecially for Felony orTreafon]che defendants are al¬ lowed freely to make their owne anfwers and defence without counfell, if they pleale , and in fomc cafes are denied Counfell. Thirdly, becaufe counfell [ who were nota 6 initio, but came in long after caufes,^ both in this honorable Court, J,and elfewhere,are allowed anda(figned,notout of neceffity, but favour onely, for the helpe and benefit of defendants,not to be (o flri&ly tied unto them,but that 1. * 24 5 - 6 . M‘. Pryttnes reafotts to the Lords . they may have liberty to nuke arifvver without them in cafe where they and their councel] differ in the fubftance of their anfwers, or where councell advife them to their prejudice, either out of feare, ignorance, or other wife elfc it would lie in conncells power both to prejudice,and betray their caufes , and make them lyable tocenfurc though innocenc. Fourthly, becaufe every anfwer in the eye of the law is the defendants only,though figned by his councell for formes fake: he onely is fummoned to make anfwer he onely is to fweare it,and he, not his councell,is to under* goe the hazard of it: therefore he alone in point of law and Juftice is onely bound of neceffity to figne it, not his Counceil. Fiftly, becaufe elfe there would be a fayler of Juftice in many Cafes, through the want, feare, negleft, igno¬ rance, diverhty of opinion, or treacher of counceil : for if one be peremptorily en joyned to put in an anfwer by a day,as this defendant now is,and counfell negleft, refufe delay or feare to doe it upon any occafion by the time’ (which is this defendants Cafe)hemuft ( without any default,contempt, or negleft in him ) fuffer thereby as a delinquent,though innocent, without any legal] con- viftion ; which were injury and injuftice in the higheft degree. 6 Sixtly, becaufe the very law of nature teacheth every Creature but man efpecially, to defend, P refea-e and make anfwer for himfelfe , either when the party accufed cannot procure others to doe it, or can doe it better then others will can or dare doe, himfelfeBut in the pre lent Cafe, this defendant cannot procure his counceil to make filch an anfwer as his caufe requireth, which reft- tng upon bookes, matters of Divinity, and on nSL points,wherein his coanfell have but little skill, all hcmuftjuftjty id his anfwer, he is better abletomfke his M Try finer Reafons to the Lor dr, 25 bis anfwer and defence thereto , then his counfcll can, wiU,or dare to doe, in cafe they were willing to under¬ take it .{which now they utterly deny and refute onely out of feare and cowardize,) asaforefaid, and therefore ought,as he humbly conceivethjto be permitted to doe it, both in point of Law and Juftice. Seventhly ,becaufe God and Chrift.the fupream Judges j of the World , and patternes of all Jutlice both here on Earth, have, andatthcgeneralldayof Judgement,when all men (hall appeare before their dreadfull tribunals, wil allow every man to make his owne perfonall anfwer, and defence,withoutcounfelor proxie,much more then Ihould every inferiour Judge, and Terrene Court of Julfice doe it, if the party defire it, and others will not, dare not doe it. Eighcly,becaufe by the judiciall Law among the Iewes, g_ every man was to make his owne defence , neither did their Law judge any man, before it heard him and knew what bee did. Idon 7. 51. And by the civill Law,even a- mong the Pagan Romans , it was not the manner to con- demt.e any man, before that hce who was accufed had the acculers face to face, and had Licence to aniwer for himfelfe concerning the crime layd againft him , tAtts 25.16. If then the Lawes amongft Iesvet , and Pagans, gave every defendant leave, thus to make anfwer for hirn- felfe, and never condemned any as guilty for not anfwer- ing by counfell ( as appeares by/the cafes of Naboth, Sajama , Chrifi and others, though unjuftly condemned, yet not without a full hearing , and witnefles firft pro¬ duced,though falfe,J this defendant humbly concciveth, thatby the Lawes and Juftice of this Chriftian Com¬ mon-Wealth, and this honorable Court, hee ought to have like liberty in this eaufe of fo great confequence,and that the Information againft him ought not to be taken. Pro coa/fjfowithout hearing witnefles, or defence,in cafe D he _Li_ M r . Trytmet rtafons to the Lordt. 2 6 hctcuderananfwei under his owne hand, onely with¬ out his counfells who refufe to advile or dirctt him, elfe our Chriftian Lawes, and Courts of Juftice,might feeme to be more unreafonable then the /ewes, or fagan Ro - man Lawes and tribunals, which God forbid any man fhould imagine. 9* Ninthly,becau(e S /Paul when he was flandered & ac- crned by a Ananias the Iewes high-Prieft, with the Elders, and TertnHus their Orator,to be a peftilent fellow, a mo¬ ver of fedition among the Iewes , throughout the World, and a ring-leader amongft the Sett of the Na- zarens y and that feverall times, both before Felix, Feftus and King tsfgrippa , (three heathen Governors and Ma- giftratesjhad (till free liberty granted him by them all both to anfwer and fpeake for himfelfe to the full, to ju- ftifie and cleare his innocency, without any counfell affigned./43.24,& a5>*^ ,n cither did nor could the Iewijb high-Prieft except againft it. T.his defendant therefore being now accufed in this honorable Court of the like crimes, by forae Snglijb Prelates and high-Priefts infti- gation, hopes to enjoy the fclfe fame priviledge and freedome before fomany honorable Lords.and Chriftian Judges, which Paul did before thefe Pagans. And hee fuppofeth hb faid adverfaries will not be againft it ufi- leire they will bethought to feare, and decline the defen¬ dants anfwer, as guilty perfons, who dare not admit their actions to be fcannedm fo honorable a Court; or men unwilling to have this defendant cleare his owne Inno- cencymrelfe be deemed more unreafonable then Ananias himfelfe, efpecially in this defendants particular cafe • Who having beene a Barrefter, and counfeller at the Law formerly admitted.even in this honorable Court, to rut m anfwers under his owne hand in other mens cafes cannot but hope and prefiime to obtaine the like fuftice 3 andfavour from know, in life own* «*»£, < being there- to 2 7 Mt . Prjnnes reafont to tjhe Lords- _ to neceflitated through his counfcls feare and deferring of him)for the premifed reafons,which he in all humility fubtni«sto this honorable Court. Upon the reading hereof in open Court, and of a like petition from Dodor Bajiwick ., to put in his anfwer under his owne hand,fince his counfcll refilled to ligne it $ the Court ordered the fameiday , that they fhould put in their anfwers by munday next under counfels hand, or elfe be then taken Tro confejfo *, denying them liberty to anfwer under their owne hands* Hereupon Dodor 'Bajhvicl^, when no counfell would figne his anfwer,tendered it at the Star-Chamber office, under his owne hand, and there left it: and Matter Bur¬ ton having his anfwer drawne, engrofled and figned by his atfigned counlell, Matter Holt, who afterwards with¬ drew his hand, becaufe his other counfell would not fubfcribe it, out of feare to difpleafc the Prelates,tendered it to the Court, defiring it might be accepted, or Matter Holt , ordered to new figne it; upon this the Court, the i oth of^j(being the next fittingjmadc this Order. In Camera Stellata coram Concilio ibi- dem a decimo die Maii,An. Deeimo tertio Car. Reg. « rt J Her us by fever all orders of this C**r#,Iohn V V Baft wick De&or its fkyftck •> and Henry Burton clerkp defendantsytt thejuite ofbisMaje(lies Attorney GeneraSplsintife^ were ordered to put in their anfwers under count ells hand by Munday 14 r, or in default the matters of the Information , to be ta y* LJL The Prelates proceedings againfo: M r . Prynne, (ftc. again ft him pro contetto:forafmuch as the Court was now informed that the fard Doff or Baft wick, hath not yet anjwered, nor will bee drawne to put in any anfwer under the hand of his ConnfeU, but haththrowne into Matter Goads Chamber, the depu¬ te Clarke of this Court, f ive skfns and a ha lfp 0 f parchment clofe written, with Ins cwne handfubferi- bedther unto,wherein,as is allcdgcdfs contained much fcandalcus & defamatory matter : It is therefore or- deied, that all the matters of the faid information wherewith the faid Doff or Baft wick is charged, in the Jamefia! be taken againjl him Pro confeflo And that his Majcflies attorney Generali doe take into his cufio- dy, and confideration the faidfever all skins of parch - went , fob ftgned as aforefaid,for foch farther order to be therein had and taken, as to Iuflice ft a !l ap- pertaine, And for as much as the Court was now in¬ formed, that the defendant Burton hath caufedhff anjwer to be drawne by counjell, and ingrafted, and would have put it w , if his counfeU who drew the Cme,or any other of his counfeU, would have fet their hands thereunto : The Court therefore did forbeare to take him Pro confefto, and hath ordered,that his anfwer be received under the hand of Mafier Holt alone,andthat after his anfwer put in,andmterrop a - tones exhibited,the examiner fhall repatre untolm Jo. Arthur.Dep. Doftor The Prelatesproceedings againfl M '.Prynne, &c. 29 D Oftor B aflwickjxpon this Order,the next Court-day petitions the Court , that his anfvver left in the Court might be accepted tinder his owne hand, in default of councell ; and Mailer Prjnne,( much grieved that he could neither gaine liberty nor poffibility to atl- f'wer the Information , for his juft defence, formerly or¬ dered to bejtaken pro confeffo againft him,)the fame day petitioned the Court in this manner. To the right Honorable the temporal! Lords of his Majeftics high Court of Star- Chamber The humble petition of William Prynne, prifoner in the Tower. I N all humbleneffe Jljeweth , That the petitioner e- Matter Prjnm verjince his appearance to the Information exhi~ to the* 01 '' bited againfi him , hathbeene denyed the liberty Lords. of Pen, Jnke or Paper at his Chamber Jo draw up his anjiver, or injlrtt&ions for his counfell ; That his ftwant who/hould folicit his bujineffe, coppy and en - grojft his anjwer, hathforamonethsfpacebeene kept clofe prifoner from him in a Mejfengers hands, by hit chiefe adverftries pra&ife and power , contrary to Law and Jujlice, of purpofe to retard his anfwer, aud dtfable him in the profecution of his caufe :That his friends have beene rejlraynedfrom hint , and hi m- felfe ever (ince the day before the Ter me, prohibited all acceffetohis connfeU {granted to his Codefendants ) who without any negleUor default in the petitioner, D 3 fir X ?o Mr -Ptynnes Petition to the Lords for reafom be(l knowne to themfelves , refuje to re¬ pair e to him , or to undertake any thing in his cauje , which they have all quite defer ted. By meaner where¬ ofthe Petitioner (though ever dejirout to anjrnr, and jubmit to the Orders of this Honorable Court) neither hath nor pofftbly could put in his anfwer under his counfells hands according to the lajl orders : which difalling him to draw up his owne anfwer, and re¬ quiring meere impojfibilities of him beyond his power to effeSt ( his coun fells hands and wills being not at his command , much lejfe their confciences and judge¬ ments f) hee hopeth neitherJhaU nor ought in point of Law or equity, to be Cofarre obligatofT'andpenall to him,as to make him culpable of all the charges in the Information, without any proofe on his Profecutors part, or default and contempt on his owne . Since by fucb a wayofproceedingfofvery dangerous confequence and example fcarce par ailed'd in any age,) the mofi innocent perfon may be betrayed, and condemned as nocent of any crimes whatfoever falfly charged againfi him, without any neglett or guilt in him, through the Hnfaythfullnefe,wilfullnefe,feare, corruption or de¬ fault of counfell, andefpeciolly in the cafe of power- full and malicious oppofites. He therefore inthemidfiofthefehis exigents, and defertsonr of his counfell, mofi humbly befeechetb your Lordjhips, not to require impojfsbiUties at his hands (thusbountyeyond his power to effetl, buffo to dealt with him m this cafe of extremity, and necejfity,* your Lordjhips would he dealt with yourfelves, were you {which God forbid) in his prefect condition, and M r »Prynnes petition to the Lor tit. 3i and as you would have Chriji himfelfe to proceede with you at the great day of judgement , when you fall all appeare before his Trihunall to give accountpt of all your proceedings in this and all other caufes : Or if this be overmuch, then onely to grant himfuch com¬ mon favor , and jujiice in this honorable Chrifian Court-)As Chrif himfelfefound before Pilat e,and Paul before Faelix 5 Feftus, and Agvippz,metre heathen ludges bor as every Traitor or Felon (though never Jo vile or guilty ) ufually claimes , and enjoy es of com¬ mon right in other his MajeSfies Courts of Juf ice, to wit, fr ee liberty to anfwe r for himfelfe , when his cowfell either will not, "cannot, or at leaf wife dare not doe it b with the nfe of Pen^Tnkg andTaper,untill friday next Jo draw up an anfwer under his own hand, according to the truth and weightinejfe ofhiscaufe, fince he cannot procure his counjells '■> and not to pre¬ judge him as guilty,be fore his anfwer or defencefirfi htard,or witnefes produced. A requefjojuf and rea- fonable (as be humbly conctiveth ) that hk adverfaries themfelves whether innocent or guilty,cannot in point of honour,juf ice and confcience, in regard of their places andprofejJions)but willingly (con defend unto, much more then this honorable Court,efpedally in this waighty cauje (not to be precipitated) which high¬ ly cone ernes his Majejlies royal! prerogative, the fate and fafety of Religion , and the weale of the whole Realme, as he hopeth to make good in his anfwer, and by his crojf Bill exhibited to this honorable Court a- gain fi fome gre t Prelates, and their confederates,un¬ der his owns and cockfendantt Baftwicks , and Burtons 32 M 'fPrvnn vjnnes Petition to the Lords. Burtons hands for want of counje/l ( who refute to appeare inthiscafe of God and the King, agahftthe ?relates>clreaaed much more then both)which bill be ing forthere'itimer, and hitfaid Codefendant, „e. ceghry defence, and pftifieation, (mho are read, „ makf •!gold at their uttermrfi pcr ,l/ ) „j l’ mcfy to the maintenance of hit llajeftie, Croton, an A dignity, eureftaUiJbedfdigion / hlertni.tgmft the (aid Prelate, late dangJZ crocbment,, Innovation, praaif,, andoppijfi m , kt nomhumhly pray eth may he admitted, itheingZfhe humbly apprehended,) a conic of infinite conference anda thing of common right, rohich ought iZThe'e opJnftZ: " ^ nn ordinary may And your Petitioner (upon ,he conceffion °f his petition) flail ever pray for your Lordfhips. See. *' o 2 '°f afternoone the Lieutenant of the tZ ; ^ nd la thc the Prelates inftigation and rhi W3S fcnt for h V iuffering Mafter Pryme to diftate r ^ by thc Lords for Qardtnerfz, Clerkebelon^g t^heT PCtid °"’ and onc Lorn his mouth by the Lieutenant ,T ° w ® r 5 who writ it capital! offence by.,£££Sj C ? fi 2 Wsfordlis othmphefame and Wonerbyh™ fome , 4 dayes b a ^H“ rfC,i "! t, ?’ d tiJI he had put in bond to appeare before th^Lor^s when ever 33 The Prelatesproceedings agaihjl M r . Trynne^&c* ever he fliould be called ; after which he was hunted af¬ ter by the ArchbHhops purfevants out of the high Com- ttiifllon: Who upon the reading of this petition , and DoQcotBafiirickf , made a motion in Court of purpofc to prejidge the calile before it came to hearing, tending highly to affront his M ijcfties prerogative, and thereup¬ on procured this for ejudging orde r.wherein his infolent motion is recited. eft* *&* eft* wicke Doff or in Phyfckp 5 and William Prynne Gent, defendants at thejuite of his Majefliet Attorney Generali $ The tnojl reverend Father in God the Lord Archbifjop of Canterbury his *Grace I#-*lc fliould here formed the Court that in fome of the Libellous Books s be h^ mjuftke and Pamphlets lately publijhedhis Grace and others ^The Parlia- the reverend Bifsops of the Realme are ftid to have * ment hath now ufurped upon his Majejiies prerogative Roy all , and to have proceeded in the High Commijjioh , and other however the Ecckfiajlicall Courts contrary to the Lams , and Sta- CoUrt °fs«r- Mes ofthe Realme^abont which he prayed the fudges fudg^sdetTr- might be attended , and they prayed and required by mined contra- this Court to eertifie their opinions therein upon fav ?“ r E con- p * 34 The proceedings w St dr ^Chamber ogainjl COO, CO whac they could fay 2 . confederation whereof, the Court hath ordered^that * Why not by A ? 0 AU'S » ^ T" ** C ° Ur U the defendants ^ e £opt y Arch-deacons , ,ndethe, E cck - J,tajhcallperfons may or ought to feepe any Vjfftation at any time, unleffe they have expreffe CommiJGon or Patent under the great Seale ^England to doe it, and that as his Majeflies vifftors onely,andinhte name and right alone ? J Jq.J rthur 3 Dep . fendants again# the prelates forthe”^ ^ tllC If* fcandafi and ]i£b comS^f ?> T‘^ Information, andthebookes thereto'inn. f 4 neW judge which before the hearing withri^flf^ ’c to ,P re “ pn.ity(nevcr tanaoned to bkarf X *£££ E 35 M f . Burton attdDo&orB and other Ecclefiaflicall Courts for the (a late, agamft thfa&ion of all men, that the proceeding in the FtLl trary ttf tbejr G<}ff, tniJfion, and other Ecclefiafticall Courts are ouh, and pro- agreed le to the Law and Statute's ofthcRealif'm A/„ A upon his pre- f° f f \ at a f ler the fame js enroUedin this Court .'if'*’" ■** --dolkrtkCcyns rfmOiltk ori!null "l i A 0„„ gc catc ‘f ‘ h fi,dluJg r , fidlk ddivtredto thill prefident and reverend Fat her in God * the Lord ArchhiOm ofcll rootiooji think terbury his grace to he kept , and prefer „J ^ a SI the mold, of Court. P m ***™‘‘~»* Which Certificate followed] in tbefe words. May it pleafe your Lordifrps, W4 „w l&dtziz&T** ticulars wherein our Opinions are re • ^ , f ^ ar ff faidOr demand we have all agreed: ^ Hneel h C < urt in the n.'mftfOfoBicult ijltefad icrkfiafiic.il Court cenfure* with him. The Prelatesproceedings againfl'Ml.Prynne, &c, 37 cenfurcs of the Church- And that it is notneceffary, that Summons, Citations, or other procejfes Eccle¬ ftafiicall in the faicl Court , or Tnjlilutions or In¬ clusions to benefices , or CorreSiOns of Eccifiafii- call offences in thofe Courts, b e in the* Kings name, * it f 4emcs or with the Stile of the King,er under theKings Seale , then they are or that their feales of office, have in them the Kings Armes,And that the Statute of primo Edwardi bccaufe Xy’ Pp'iU.Ch.’i.which e nacted co ntrary, is not now tn hive neither r ^ ' his name nor force* Imapc* Wee are alfo ofopmionthat the Fiji) ops. Arch-Dea¬ cons, and other E cclefiaflicall perfons may kgepe their Vifttations , a» ufttally they have done , without ComtmJJion under the great Seale of England fo to doe * 4 ' • . V 4 Primo die Julii 1637. • -f Jo.Bramfton,Jo Finch,Hum. Davenport, W m . Jones, Jo. Denham,Richard Hutton, George Grooke,Thomas T rever,George Vernon , Robert Barkley , Richard Wefton* Jo. Arthur Dep- D Oftor Heytin in his Briefe and modcratn Atwcr to Matter Burton (the matter whereof contradifis the Title)written by the ArchbUhop of Canterburies fpe* ciall comntand p. 102. avers,that it wa< pofitively de¬ livered by my Lords the Judges , with an unanimous content, and fo declared by my Lords chiefe Juflices in the Star-Chamber the 14. of CMaj now laft paft(beforfi: E 3 *hi» The yroctming in Star-Chamber againji this Certificate ) that the Aft of Repeal the firft of Queene LMary, dothflillflandin forc c^ at mr tv tin S tatute of firji Edward 6 c. 2 . byyottfo much preffed , and that the Bifhopt might larcfnliy ijftte out proces in their names, and under their ownc feales. Which if true, it is apparant that the ArchbiQiop ( from whom the Doftor had his in¬ formation ) had received all the Judges refolutions in this point, not onely before the hearing of the cauft, bat even before his motion in Court, that the Judges might beattended to know their refolution in theft points. Is not this prety under-hand juggling , and fquare prel.uk call proceeding, defervlng extraordinary Laud ? But to returne to the defendants, where I lartleft them. Matter? 'rynne , upon Matter Holts refort to him by the Lords command , upon his Lft petition, to-his Chamber at the Tower where he was (hut up cloft prifo- ner, gave him both a fee and inftruftionstodrawup h ; s anfwer by,with all poflible fpecd : hereupon Matter Wr drawes an anfwer according to his owne minde diffe¬ rent fro m his inib ufti ons,which he fent to Matter Prjhtne to perufe ; who difhking the generality of it , defired hini toconferrewith his other counfell, and to amend it in fome particulars ; whereupon Matter nW/W ano¬ ther of his counftll, and Matter Holt after two meetings agreeing upon his anfwer, Mattel +Holt gave order.to his Clerks to ing. ode it, andpromifed to (igne it,the next mottling, that it might be put into the Court. Matter Pryrme informed hereof payed Matter Holts Clerks for ingrofling it, and the next morning by his keeper lent another fee to Mr.Holt to (igne it acccordtng to promift* who then refuting both the fee and the figning of the’ anfwer, and being taxed for it by Matter Tomlins (who had figned the paper Coppy ) and demanded the reafon by Matter Prynnes keeper, why hee refufed to (igne it contrary to promifej an(wered, that he had received exprefle 39 ■ M*-Burton-and Doftor expr efle order not to figne it, and afterwards bciBg tax- ed for It by matter/vy»«e himfelfe, who demanded the reafon of this denial! 5 he told him, that heedurft not jfubfcribe it for an 100 pounds though he luddrawneic, for feareof being put from the Barre,he having received a command to the contrary. In the meane time Mailer Tomlins who was willing tofigne it, departed into the Countrey upon his necefiapy occafions, fo that his hand could no: be gotten ; Mailer P ryr.ne thus deluded, ac¬ quaints the Lieutenant of the Tower with this falfe dealing;, requelling him to informe the Lord Keeper of it ; and to delire his Lordlhip in his behalfc,either to enjoyne Mailer Holt to figne his anlwer according to ptomife as hee had done in Mailer Burtons cafe; or to accept of it without an hand; or of it, or another anfwer figned with his owne hand, fince he had done his utmoll, and had no meanes to compel! his counfell to liiblcribe his anlwer againll their wills ; The Lord Keeper upon this-Information.,anlwered that hee had no power to force counlell to ftgne an anlwer, and-t ha ti t wa s not his, ufe to doe it, or to receive any anfwer without counfells hands. Upon the returnc of which anfwer , Mailer Pryrne replied ; that if the Lyrd Keeper being cheife Judge of the Court , the great eft officer in the Realms under the King, and afreeman, had no power to enforce his counfell to fign e his anfwer according to duty, equity and promife ; then cer¬ tainly he,being a poors clofe prifoner had farrc leffie power to doe it 5 and ought not to fuffier for his default , which he • could not remedy . Hereupon indeed of accepting his anlwer, this order was made againll him, and Doftor Baftwickjeo take them both pro confejfo for their contempt in notanfwering, and to appoint a day for hearing the Caufe. 40 The Prelates projeedings againft M r . Prynne^c. * .Note. In Camera StelJata coram ConciJio ibi¬ dem., 19*. die Mail,An. Decimo tertio Car. Reg. \ ° V P on information this day to this honorable Court, by Sir Iohn Bankes Knight JmMa- fifties attorney general! , that he hath exhibi¬ tedan wformation into this Court againft Iohn Baft wick Dottorof Thyficky , WilliamPrynne Gentleman,and. others defendants , forframing.Prin . tmg and fubliftingfeverall libellous and [editions Boohj 5 and that upon the/aid defendants Baft wick WPrynnes contemptuous refufallto anfwer the fatd Information , feverall Orders have beene made to take them Pro confeflb : It was humbly prayd, and accordingly thought fit and ordered by this Court that the faid caufe as againft them fall be heard . the frfi caufe the ^f/ ttlf! gff the next Terme -, when the InformationfaUbe read } and the matters thereofZ takgn againft them , Pro confeflo. J ° refufatl to anfiver, when as the OffSaS on the contrary fide, in refufing toaTc e mnfT P aS rW^dred, and M d al n 6 & aU £«g',£ In Mr. Burton and DoCtor Baflmck* 4* In the meant time. Mailer ‘Burtons anfwer fignedby Mailer Holt> after it had laine in Court neerc three weeks, upon Matter nsftturnUs fuggeftion to the Court , the 19 oitJMay , that it was fcandalcus, was * referred to the conlideration of the two chiefe Juftices 3 ^rramfion Knight, chiefe Juftice of his Majefties Court of Kings Benchjand Sit Iohn Finch Lord chiefe Juftice of his MajeftesCourt of common- PleeSjin thecaufe wherein hisMajetties Attor¬ ney gcnerall is plaintiffe,and Henry Bur* ton Clerke,and others,defendants. 'A Ccording to the direction of an Order of this + *■ Honorable court , Dated the Ninteenth day of F tfaf 4 2 The proceedings in Star-Chamber againji M r . Pryn, this infant May , we have confidered of the Impel • tinent,andJcandalous matter in the fxii Defendants, * Matter Hole Henry Burtons anjwer , And are of opinion, that * *e anciemeft allthefaid anfwer is Scandalous or impertinent , and SunthJn fi ttobe expounded, except thefe words in the living. Matter beginning thereof, viz,. Thefaid defendant bv iTZncSr P f ° teftation > no f eonfeffing,or acknowledging, was very mod, J ny J ma r t * e 1 r or * hin 8 alleaged againfl; him, in, or over-fecne, if by the laid Information to be true, and favins hi °" f t lfe a " advinta ? e of Exception to fitting of 40. a “> & ^very the uncertainties and imperfe&ions ftccts Of paper therof: And thefe words in theendofthe faidanCwer S±U 3 Vi ~-r ™ ! , “ a " every (bSgJl impertineot. poiecl unlawfull Combination, Confederacies Difloyalties,Seditious, fcandalous and factious Libel Is, or other unlawfull offences examina¬ ble , or cenfurable in this Honorable Court wherewith he is charged in, or by the faid In¬ formation, anfwereth and fayth. That he is not guilty thereof, or of any part thereof in any fuch manner and forme as is fuppofed there¬ by * All and every which matters of anfwer this defendant doth averre , and is ready to prove as this Honorable Court (hall award. And hum’- bly prayeth , that all and every fuch errors Hull beadjudged by this Honorable Court to havebeene by any ignorance of his in the com- mon-Lawes, or Statutes of this Realme, or bv infirmity of his,contrary to the loyalty of his Heart, and integrity and finceritv of his intention, and profeffion, may by his Majefties Mr. "Burton and Da&or "Baftwick. Majefties gracious Interpretation thereof, and by this Honorable Courts favorable advice, or mediation to his Majeftie therein be remitted, and pardoned, and himfelfe difmified by the fame Court. AU which nevertkelejje rve humbly fub- mit to the grave judgement of thit Honorable Court . 22 May 13. Car.Regis. Jo. Arthur Dep^ V Pon this' Grange Certificate of the Judges Mafier Hurtons anfwer was miferably mangled, the whole body and fubftance of it being quite rafed, and nought but the head and feet left upon record * whereby he was made todeny that to be done by him, which he confefled andjultified upon oath in his anfwer, as it flood before this rafiire of if. Whereupon the examiner comming to Mafter 'Z burton to the Fket, where he was clofe prifoner,to examine him upon Interrogatories grounded on his anfwer,he hearing ot this expungement, refufed to be examined, unlefle hio anfwer might be admitted as it was putinjor he permitted to put in a new anfwer; he declaiming this anlwer to be his, fince altered in all the materiall points tending to his juftification and defence, and turned from a fptciall , to a generallnot-guilt r,neceflarily involvinghim in the danger of periury : Of which the Court being informed by M r . Attorney^ made thi s enfuing Order,to take the Bill fro cortftjfi sgdintl him, only for not anfwering Interrogate- ties; a thing never heard of before in that CoUi t, when there was an anfwer admitted. Fa In & 44 The proceeding/ tn S tar-Chamber againfi M r . Pryn. In CameraStellata coramCon- cilio Ibidem/ecundo die Mi. Anno deeimo tertio Caroli Regis. U Pen information this day , to this Honorable Court, by his Majeftiet Attorney Generalfthat Henry Burton Clarke defendant athisfuHe, beingferved with Proves, flood firth Proves of con¬ tempt, and would not be drawne to answer , untill fever all orders were made , that the matters of the Information jhmld be taken ag.dnfl them as Pro confeflo, Vnlefjfe hee did anfwer thefiid infirm*, tion b thetimeshmittedbythefiid Order, and at Iwgtbhedidputinananfwcrjfufedwith impertinent (vandalouf matters.which upon a reference to the two faidlefindant , ml the exminer, as appeJett, hr cert,ficate nm read , hath hecne with hi ts taZ hit examination, hut hcrefufidlobe examined r that an attachment is awarded againft him and 1 ° he rename,^ekfifrifcri r, was humbl, filed & the snatter of thefiid Information^ Interrogator}, may be takgn againfi him Pro confeflo. Vpon coL federation 45 Wt.'Eurton and Doftor Bajiwick* federation whereof the Court hath Ordered, that the examiner doe gee againe unto him, and if beejb all net thereupon by this day ftuight anfwer the Jaid In- tcrrogatorksfhcyjlsaU be taken Ogainjl Pro con- fe&c, as if dejtnd. Jo. Arthur.Dep. A Fter this Order, the examiner repaired againe to Matter 'Burton, who upon his former grounds 5 Cbo cauie hee had no anl'wer in Couit of his owne or his counfcls, but onelyofthe Judges making, which he dif- claimed for his. andbecaufc his anfwer to the Interro¬ gatories would contradift the generall anfwer of Not- guilty, which the Judges had now made out of his fpe- ciall Not-guilty ;)retufed to be examined; and fo though his anfwer were in Court as the Judges altered it, yet for not anfwering to Interrogatories framed on it as it flood before its expungement, the Information was taken againft him Pro confcfo^ and this order made at a priracc ftale out of Termej to bring the caufe to hearing upon one dayes warning onely given to the Defendants., when as by the courfe of the Court,a Subpaua ad audiendam judicium (hould have beene ferved on them., and 15 dayes warning at leaft given them before the day of hearing. »d rEdes Domini Cuftodis roagni Si- gilli Anglia?,de cimo tertio die jf umi i Anno decimo tertio Caroli Regis. I I is thif day ordered by the right Honorable the Lord Keeper 3 tbat John Baft wick. Dr #or in Phy - _ fell \ Henry Burton, &c. William Prynne * 3 Gentleman The proceedtrr^in Star Chamber againji M r, Fryts 9 Gentlemen defendants at the Juite of his Majejtie* Atturney Generali , Jhall have liberty with their keepert to attend their conn cell , and to appeare at the Barre of thii Court on roednsfday the 14. of this inftant woneth , when the caffe k appointed to be heard. Jo. Arthur Dep. T Hcfe prifoners having this liberty granted them juft the day before the hearing , Matter Yrynne there¬ upon repaired with his anfwer ( formerly drawne up and engrofled by Matter Holt ) to Matter Tomlins ano¬ ther of his counfell, newly returned out of the Country the evening before j and having got him to figne this engrofled anfwer, he goeth therewith to Matter Holt, deiiring him likewife to fubfcribe it according to pro- mife 5 who refuted to doe it now as hee had done before, protcfting , that he durfi not for an 100 peeces figne it, becaufe he had received an expreffe command to the contrary . Whereupon Matter Trynne caries it figned with Matter Tomlins hand to the Star-Chamber Office, where hee tendred it to Matter Goad, together with another longer anfwor figned with his owne hand , and an Affidavit, that hee could not poflibly procure his counfells hand to his anfwer before that time ; But Matter Goad advi- fing with his deputy.refufed toreceave either the anfwers or ^Affidavit , though earncftly prefled to it by Matter Trynne : who thereupon returned with his anfwers to the Tower ; and prepared himfeife for the hearing the n xt morning.refolving,that fince he was thus forejudged, and taken proconfejfo,upon a meere falfe pretence ofa con¬ tempt in refufing to anfwer, to fpeake nothing, but what the 47 M '‘burton ttttdDoQ or Bafiwick: the Court (hould give him occafion when he appeared at the Barren Do&ot Baftwicl^, and Mailer Burton taking up the like refolution j becaufe they were certainly in¬ formed, that whatever they fpake , their fentence was already determined, and let downe in writing before the hearing came, all being thus taktn fro confijfo as you have heard and feene by the former orders. Thus I have given you affaithfull relation of the pro¬ ceedings in this caufe before the hearing , cut of the Orders and Records of the Star-Chamber, the legality •whereof you (hall finde difeuffed in the dole of this TreatilejNow before I come to the day of hearing, give me leave to acquaint you onely with one particular touch¬ ing Mailer Holt , hee being lharply checked and terrified for drawing and figning Mailer Burtons anfvver , and charged not to figne Mailer anfwer when hee had drawneit, as you have heard before, was much troubled at it; and being in Court at the hearing the next day, he offered two or three times to fpeake lomething in defence of Mailer Burtons caule;which the then Lord Keeper per¬ ceiving , beckoned and held up bis finger to him to hold his peace, whereupon hee kept lilence. And comming home to his houfe,as (bone as the fentence was pafled, bis wife inquiring of him how the caufe went; he broke out into thefe fpecches. O wife , I never fiaw a juft caufe , fo unjuftl] carted, which I could have defended by S.ripture againft all the World . I had a great deftre to fpeak« in the caufe for my client , but my Lord Keeptr heckened and held up his finger to me , To hold my peace : isfnd the poore (gentlemen have received the mo ft unjuft, and hardeft confute , that ever I heard in that Courti Tor my ewne part , I gave over my prattife in other Courts, and betookemy felfe wholy to this (fiourt to enjoy the liberty of my confidence, thinking to finde nothing but Juft ice } and 4 $ -jJ- ccdtttg it The proceeding in Star Chamber agdwji M r . Pty n i -1 juft proceeding! there : But now alas J finde things fa carried there t that for this dayes workg fake , / defire ne¬ ver to come more to that Bar re , j defire of God % that this may be the lafi taufe that ever I may plead in that Court, which hath partly mifcarried through my default (as / am affraid mofi will judge ) though I durfi not dot othcrwife t hoeing fo checked and threatntd. This Gyd ,he continued fad,and (bone after falling ficbe for conceit only of the mifcarriage of this caufe(as his wife 3 c friends bcleeved ) hee died j never going to the Star-Chamber after this fcntcnce : the proceedings and paflages whereof,I flull next relate. A briefc I A BR.IEFE RELATION OF CERTAINE SPECIALL AND MOST MATERIALL PASSAGES AND Speeches in the Starre^Chamber, occasioned and delivered the 4* of June, i637.atthe Cenfureof thofe three Wor¬ thy Gentlemen,D r - Baftwicke,M r ‘ Burton,* nd M r - Prjnne, as it was faithfully gathered from their own mouthes by one prefent at the faid Cenfure. ETWEEN eightandnine a clockein themorning 5 the 14 th of Junejht Lords being fet in their places in the faia Court of Starre-Chamber, and calling their eyes upon the Prifoners then at the Barre , M r- Prynne humbly defired their Lordlhips, before they entredupon the B hearing I Sir John Finch-,. cJJfr. Pr. ynnes Anfrver to the Lords , hearing of theCaufe , to grant him licence to make a fhort motion to the Court : which being condefcen- dedto, andheentringinto his motion. Six John Finch(chic(c Juflice of the Common Pleas) look¬ ing wiftly upon Mr. 'Trynne who flood at the Barrebehind him, interrupted him* and began to fpeake in this manner, though no Judge, but of Counfell only in the firft Cenfure. I s this CWr. Prynne? I had thought Mr, Prynne had had no E ares, they being adjudgedtobecutojj'by the Sentence of this C our t^but me thinks he hath Eares and it is fit the Court jhould take order that the D ecrees thereof jhould be better executed , and fee whether M r Prynne hath Eares or no : which caufed many of the Lords to take the ftrifter view of him: and for their, better fatisfaftion the Uflier of the Court was commanded to turne uphishaire, and (hew his Eares: upon the fight whereof fome of the Lords feemed to be difpleafed that his Eares had not formerly been cut defer off,and caft out fome dilgracefull words of him, and the favour (hewed him in the execution. MJrjme. . T ° ^chMx. Prynne replyed, Utfy Lords,there is never a one of your Honours , but would be lorry to havefuch an Eare-marke.andtohaveyour Eares cron asmme are. y*ndl pray my Lord Finch, give me leave to proceed tn my motion^ without interruption I XQ h,m “' IX, . The Lord . net perfectly hearing „h ac he fpake,inquired twice, what dothdtefay} Wher- upon at his Cenfure in the S t an e-Chamber. 3 upon Nk.Prynne repeated his former words with a louder voyce: to which the Lord Keeper reply- edj Ingood faith my Lords fieis very faweie. I hope (faid Mr. Pry nne') your Honours will not be M. frynne\ offended with my words : *And I pray God togivey ou Eares to heare m as you ought. The bufinefle of the day is to proceed to the L,Keeper. Prifoners at the Barre 5 faid the Lord Keeper. Mr. Prynne then humbly defired the Court a -M.Prynne, gainej to give him leave to make a fhort motion or two , before the reading of the Information 5 which being granted he moved. Firftj that their Honours would bepleafed to accept of a Crofle Bill againft thePrelates,figned with their three hands, for want of Counfeil: which Bill he formerly tendredto my Lord Kee- per at his houle, who refufed to admit it, this Bill being their juft defence in this caufe, and ftanding with the juftice of the Court, he defired might then be admitted^ and fo tendered it there in open Court. , v As for your Crofle Bill, it is not the bufinefle ^Keeper* oftheday: Hereafter if the Courtfhall fee juft caufe,and that it favours not of Libelling,we may accept of it: for my part I have not feen it, but have heard fomwhat of it. I hope your Honours will not refufe it, feeing M. Prymte. it is on his Majefties behalfe: we are his Majefties Subjects as well as the Prelates, and therefore require the Juftice of the Court againft them, which ought to be as open for us,as againft us. B 2 But OWr .Prynnes Anfwer to the Lords , L, Keeper. Bnt this is not the bufineffe of the day. M, Prynne. Why then, my Lords, I have a fecond motion, which I humbly pray your Honours to grant, ic being juft and reafonable, which is, That your Lordihips will be pleafed to difmifle thePrelates now fitting in Court,and not admit them to have aoy voyce in the cenfure of this caufe, being ge¬ nerally known to be our adverfaries, profecuters an d parties in the cauf e. mentioned by name in rheInformationj ltLeingno wayesagreeable to the rules of equity,Law,or reafon,that thofe who are our enemies and profecuters, fhould be our Judges. Therfore we humbly crave they may depart the Court,and not fit Judges in their own caufe. LXtepen In goodfaith its a fweet Motion, is’t not > Yon are here accufed for Libelling againft the reve¬ rend Bifhops now in Court : And if you fhould thus Libcll againft all the Lords and Reverend Judges, as you do againft the moft Reverend Pre¬ lates, by this your Plea, you would have none to pafle Sentence on you for your Libclling^beeaufe they are parties. b M.Prjn»e, Under cor region. My Lord, the cafes are not alike; your Lordrtup knows there is a wide diffe¬ rence betweene Libelling againft this whole Court, or againft oneor two particular members of it. And in your Lordfh ips ow n cafe againft Mr.^, you abfented ^ f elfe ^™ hearing, becaufe a party; and other of the Lords have nfnally done the like in cafes which have par¬ ticularly at his Cenfure in the Starre- Chamber. 5 ticularly concerned them:we do not defire to de¬ cline theJuftice of the Court, nor except againft any of your Honours,but the Prelates only which are parties. Is this all you have to fay } L, Keepn* My laft Motion is, that your Lordlhips wilbe M. Prynne, pleafed to receive my Anfwereto the Informa¬ tion, figned with oneofmyCounfcls hands; l tendred it yefterday at the Office as foone as I could get my Counfell to figne it, where it was iefufed; and now I here tender it in Court, and defire it may be admitted. Your Anfwer now comes too late: Well,pro- l.K eeper. ceed now to the bufinefle of the day. Read the Information. Thereupon Mr. Hooker one of the Attornies for the King, read the Information, being very large,and having thefe 5 Books thereto annexed. The firft a Book oiDr.Bafiwicks written in La- tine, ftiled •Apologetictu ad T rafales Anglicanot in' Curia Commijfionis, &c. The fecond a little; Book, intituled, "Hems from Ipfmch. The third, ~ named, A Divine Tragedy , recording ods fear- full judgements on Sabbath breakers. The fourth^ Mr. Burtons Book intituled, *An ^pologie of an Appeals to the Kings moft Excellent Majefiie , with wo Sermons for God and the King ; preached on the fft of November , then lift paft. The fift and laft,^ Dr. Bafiwicks Let any. The Kings Counfell (being five) took each of them Ser.Whit 6 _P P- Y N n E S Anftrer to the Lords , them a fevera!! Book, and defcanted there at the Barre upon them according to their pleafure. M.Attoruf, Mr. Attorney began firft with Dr. Baft wicks Latine Book, picking out here and there parti¬ cular concluflons that belt ferved for his own ends, (as did all the ether Councell out of the other foure Books) to the great abufe of the Au¬ thors, as themfelves there immediately com¬ plained, intreating them to read the foregoing grounds,upon which t hefaid Conclufions depen? ded, without which they could not underhand the true meaning of them. > Ser i eant tails upon Reverend Mr. Burtons Booke Next followed tA.B. who in like manner def. canted upon the News from I p ( mc k ch ™ff,, ! to be fall of pernicious lyes, and efpe’chlly^indi! eating the honour of Matherr wren Bilhonnf at ™ ch > as beingalearned, pious and ther of the Church. reverend Fa- M.Sthator J n the next place follows the Kings Snl./-;* whoadlshis part upon the which part of it, concerning a n 7 t • **&*?• To Sabbath breakers , he had little to dv % mentS \ n put it off with a fcoffe, faying, that^^t the A.b at his Cenfure in the Star re- Chamber. 7 the feat of (jod^nho judged thofe accidents which fell out upon perfons fuddainly ftroken, to be f the judgements o f God for Sabbath breaking, or * words to the like effeft: but inlarged himfelfe 11 upon that paflage, which refle&ed upon that late K Reverend ( as he termed him ) and learned Pro- feflor of the Law , andhis Majeftiesfaithfull Ser- J ' vant Mr .William Noy, his Majefties late Attorney, S who(as hefaid) was moft fhamefully abufed by !• a flander layd upon him;which was,that it (hould 1 be reported, that Gods judgement fell upon him, for fo eagerly profecuting that innocent perfon H Mr. Prynne in that Court for his Hi(trtoma(lix^ J which judgement was this: That he laughing at Mr. Prynne while he was fuffering upon the Pil¬ lory,was ftrook with an iflue of blood in his privy- part, which by all the art of man could never be Hopped unto the day of his death, which was not longafter. Butthe truth of this my Lords(faith he) you (hall finde to be as probable as the reft; for we have here three or foure Gentlemen of credit and ranke,toteftifieupon oath,that he had that iflue long before; and therupon made a (hew i . as though he would call for them in before the Lords, to witnefle the truth thereof (with thefe particular words, Make roome for the Gentle¬ men to come in there;) but no one witnefle was feen to appeare: which was a pretty delufion, making ail beleeve this report o\ his death to be true, and worth all your obfervations that read itAnd fo concluded (as the reft) that this Book 8 Lftfr. Prynnes Jlnjiver to the Lords , L. Keeper. i, , al fo Served a heavy and deep Cenfure. M.Harbert Laftly follows Mr .Harbert, whofe defcant was upon Dt.BaJlwtcks Letany, picking out one or twopafuges therein, andfo drawing thence his Conclunon,that joyntly with the reft,itdeferved a heavy Cenfure. The Kings Counfell having all fpoken whac they could, the Lord Keeper faid to the Pri- foners at the Barre. .n YO “j h ' ar ! Gen , demen wherewith yon are charged: and now,left yon fhould f ay y 0 „ CWn ® have liberty to fpeak for yonr felves(though pr£ condemned by rejefling their Anfwers without cau(e, and taking ail/™ mfijfo, , 5 it wascharned ‘ he s 'nfotmation.and fo all they conld fayboot- Icfle,) the Court gives yon leave to fpeakewhat you can,with thele conditions. de™’ thity ° a ^ WitUathe *>°«nds ofmo- Secondlphatyonr Speeches be not Libellous They all three anfwered , th™ j r U ordercheirSpeech, asit Ihoiild befr ° P fr 0 m aTl lmmodefty and offence. trom al1 takingthecau kpro C ^ < as M. Try me. My Honourafcgoif^l^S* k the Barre expeaingfomepartic’ula^rh 6 ^ u° Anfwer : The Information anitin “gonnfl! have Pr'tfonert • L. Keeper. at his Cenfure in the St arte-Chamber. 9 have charged Dt. Bajhvicke and Mr. Burton with particular Books thereto annexed, but neither of them lay any of the Books particularly to me; andfo there is nothing appearing before your Lordfliipstoexpofe me to your Cenfure, or re¬ quiring my anfwer* My foie offence for which the Information rnuft be taken pro confejfo, againft me, is a prefup- pofed Contempt in not putting in my Anfwer under my Councels hand by a certaine day pre¬ fixed, for which I fhall offer this juft Apologie. Such a day of themoneth, there came aSub- paena from your Honours to make my appearance in this Court, which being entred, I took forth a Copy of the Information, petitioned for Coun- fell,which being afligned,! then attended fome of them to draw up my Anfwer^this was in the Lent vacation, and fome of them being out of Town, the others would doe nothing till they could all meet in Terme,and perufe both the Information, and Books thereto annexed as part thereof. Be¬ ing joyntly charged with Dr. Bajhvicke and Mr. Burton , we were prohibited fo much as to meet and conferre together even at Counfell. And a day or two before the Terme I was debarred accede to my Counfeil, and by a verball Order (I know not for what caufe, nor by whofe Com¬ mand) fufpended from pen,inke and paper, and thereby difabled to draw up my Anfwer, or any Inftruftions for my Councell 5 at which time my Servant who fhould follicit my buflnefle and C Copy IQ Mr. Prynnes Anfivere totkeLords^ Coppy mv Anfwer, was apprehended and kept dole Prifoner ever fince,without admitting him toBayie, inaMeflengershands, allmyfriends fecludedfrom any accefleto me; my Chamber twice fearched for writings, part of my Anfwer and Inftruaions taken away by Ux. Nicholas one of the Clerks of the Conncell who fearched my Chamber, and foimpoffibilities of putting in my Anfwer were by thefe proceedings Imposed on me. 1 on tyed both my hands and feet,and then required me to give in an Anfwer, when yonhad thus dilabled me to make any. You did affigne me Councell, ’tis true, but they negle&ed to come to me, and I could obtaine no accelfe to them, being kept clofe Prifoner under Locke and Key. Yet in that exigencie to (hew my willingnefle to putin my Anfwer, I twice net/ coned your Lordthipsin open Courr for^e" inke and paper, and liberty to put iu an An Aver under mine own hand, by reafon of my Councels neglea 5 which you utterly refufed to grant me though a Counceller at Law, warranted Tv former Prefidents , and fundry reafons which I ?ondp e r* • 0y0UrL0rd i hipS5 who u P° n my fe~ condPetition commanded Mr. Holt , one of mv Counfell to repair to my Chamber a? the To wer to rake Inftrnftions for drawing my Anfwer-who coming thither to me,I gave him hi* 7;? Inftru&ioos as I could formyA„fweYlr fuCh him to drawic up with all fpJed- which hf tlDg anifed to doe, and Ihortiy after fen^rnc k inpal- my. II at his Cenfure in the Starre - Chamber. per, fomwhat different from my Infirattions: whereupon I defired him to purfue his Inftrutti- ons, which he refufing, defired conference with my other Counfell, who meeting twice or thrice together agreed upon my Anfwer,caufed it to be ingrofled, and promifed to figne it that it might be put in the next day. When it was ingrofled by Vis.Holts Clerks by his direttion,andbrought to me,I payd for the ingroffingj and fent it with a new fee to Mr. Holt to figne,* who contrary to his promife utterly refuted t o figne it; faying,that he durft not for 500. pound,forhe had received exprefie order to the contrary. In the meane time my other Counfell Mr. Tomlins went forch of Town, and as foon as he returned, this Terme he figned it: Whereupon I carryed it to Mr. Goad to the Office, and there offred to put it in upon Oath : he refufed to admit it, and would not re¬ ceive an Affidavitof my tendring it, and of my Counfells refufall to figne it in due time. Here is my Anfwer under one of my * Counfells hands,* M. T«m- and I now tender it in Court upon my Oath, the lins. acceptance wherof your Lordfhips cannot deny, as my cafe (lands, with the jufticeof the Court! Andfo he tendred his Anfwer. Mr. Prjwte, we can (hew you a Prefident, that L . Kent*. this Court hath proceeded and taken a caule ' f fro confejj'o , for not putting in an AnfWerin fixe dayes$ you have had a great deale of favour (hew¬ ed in affording you longer time, and therfore ihe Court isfreefrom ail calumny or afperfion, for C 2 rejetting 12 My. PrynneS Anfwer e to the Lords, rejeQingyour Anfwer, now figned with your Councells batid,becaufe it came too late. M. / rjwit. My Lords., I deure your Honours to permit me to put you but one cafe or two in Law, which will acquit me from all Default. If A. and^. fubmit themfelves to the Arbitrement of c. for all Controverfies between them • and C- awards that A. (hall enter into a bond of an loo. pound, toB, with D. and £.beforefuch a day,as his fore- tiesfThis award both in fundry of our Law Books and very often of late hath been adjudged to be altogether unreafonable , abfurd and voyd in Law,becaufe ^.hath no meanes at all to compell 2 >. and £. to enter into Bond with him, in cale theyrefufe to doe it upon his bare requeft, Mv cafe is juft the fame: your Lordfhips affigned me Counfell, and ordered me .peremptorily to put in my Anfwer under their hand by fuch a day • lufed all the induftry I could to procure them to doe it, they negleft, or refufe todoe itcontrary to promife, 1 had no powet to compell them to it. When they refufed,I fent to your Lordfbip to defire you to order them to-figneitj you returned this Anfwer, that you had no power to enforce them: Ifyour Lordfhiphadno fuch power beim* the Supreme Judge of this Court; much lcfTe had 1 , being then* clofe Prifoner. And therforel humbly conceive, that the Order for taking the Information p. lm ff, f ot not pntti "? Anfwer under Councells hands by a day, which was not in my power, is as unreafonable, and as at his Cenfure in the Surre-Chamber. 1$ asmuchagainft Law, as the cafe I have put. The cafe you have put is good Law, bat ill L.Keefer. befeech your Lorddiip to (hew me a diffe- MSPrynw. rence between them, for my own part I difcerne none, there being the fame reafon in both: It wilbe a cafe of Dangerous confequence, if a Cli¬ ent (hall fuffer for the Laches, or wilfullneffe of his Counfell, which he cannot remedy , for by this meanes you may make the moft Innocent perfon, ( nay Cbrift himfelfe, ifhe flood before your Tribunal) guilty of what crimes you pleafe. For if theProfecuter bea potent man, no Coun¬ fell dare to figne his Anfwer, and he himfelfe may not be fuffered to put in his Anfwer under his own hand; and then all you charge againft him muft be takenpro confeffo , be he never fo in¬ nocent. You affignedme two Counfellers;one of themfayledme, Icouldnotcompellhim; here he is now before you, let him fpeake, if I have not ufcd all my indeavours to have him figne my Anfwer (which my other Counfell would have done, if this would have fet his hand to it with him) and to have put it in longfince. My Lord, there was fo long time fpent ere IM.Holt could do any thing,after I was affigned his Coun- Comfell. fell, that it was impoffible his Anfwer could be drawn up in fo (hort a time as was allotted; for after longexpe&ation, feeing he came not to me, I by order of the Court went to him, where I found him (hut up clofe Prifoncr, fo that I could not 14 Mr. PdYNNFS An[were to the Lords^ not have accede to him} Whereupon I motioned the Liefcenant of the T ower,to have free liberty of fpeesh with him concerning his Anfwer- which being granted mee, I found him very willing and defirous to have it drawn up 5 where* upon I did move in this Court for longer time, which was granted} whereupon he fent me fome 40. fheets of Inftru&ions for his Anfwer 5 and foon after I received more^and then finding the Anfwer fo long, and of fucha nature, I durft notfet my hand to it, for feare of giving your Honours diftaft. MLPrynne. My Lords,I did nothing but according to the di- region of roy Counfel),my Anfwer was drawn up by their confent,according to their own minde, not my Inftruftions^it was their own aft,they did approve of it:and M Molt gave order to hisClerks to ingrofle it, & promifed to figne it,but the next day refufed. And if he be fo bafe a Coward, to doe that in private, which he dares not acknow¬ ledge inpublicke, I willnot let theblamelye on my Confcience, let it reft with him. Here is my Anfwer, which though it be not figned with his hand, yet it is by my other Counfels, and here I tender it upon my Oath, which you can¬ not in Juftice deny to accept. . Keeper. But Mr. Prynne, the Court defires no fuch lone Anlwer^are you guilty or not guilty ? f.Frj me My good Lord,I am to anfwere in a defenfive way, is here any one prefent that can witnes any thing at his Cenfure in the Starre-Chamber. j 5 thingagainft me ? If To, let him come in. The Law of GOT) ftandeth thus 5 That a man is not to he condemned , hut under the mouth of* two or three t witnefj'es. And in the cafe of Libelling even a- gainlt the King and Queen themfelvsj the 1 and Statutes of the Land require either the volun- Pha * taryconfeffion of the parties themfelves, or the Oaths of two fubftantiall witnefles, brought face to face at the tryall, elfe there can be no conviftion. Here you have no confelfion of mine at all on which to proceed. Here is no witnefle comes in againft me, my Lord, neither is there in all the Information one claufe that doth par* ticularly fall on me, but onely in the generall : there is no booke layd to my charge. And fhall I be condemned for a particular aft, when no accufation,or proof of any particular crime is or can be brought againft me ? This were injuftice in the higheft degree. Befides,the things charged againft us, are matters of Faft touching Innova¬ tions, which we cannot prove but by examina¬ tion of witneffes. If then you take all fro confeffo , and rejeft our Anfwers, you takeaway all means andpoffibilitiesof making any defence, and of juftifyingour felves as we are able to doe: and fo make us guilty, though never fo able to vin¬ dicate our Innocencie. I defire all here prefent to take notice, that here I tender my Anfwer to the Information upon my Oath. My Lord, you did impofe impoffibilities of putting in my Anfwer by the day afligned. I could doe no more then -- 1 6 Mr. Prynnes Anfwere to the Lords frc. then I was able. If you condemn me for this 3 I hope all the world will acquit me. LtKceftr* Welt, hold your peace, your Anfwer comes too late. Speake you Dr. Bastwicke. Dr. Bastwicke. i ' ■ - ! 17 Dr. BASTVVICKS ANSWERE. My good Lords, Hat your honours have given me li- D'Bastwick. bertie to fpeake for my felfe, I ac¬ cept of It with all thankefalnefle, and I ffloft humbly intreate this no- ____ bleaflembly in the executing of ju- ftice and judgement, thatyou would fet the ex¬ ample of God before youreies, who whenhee went to deftroy Sodome and ^omorrah^s your ho¬ nours may fee in that parley that was betweene lA braham and him in the 1 8. of Genefis 1 7 . verfe, & c. hee faith there s (hallljhide from Abraham the thingthat I now doe ? Fori know that Abra- ham will teach his children and his houfhold af¬ ter him, tokeepe the way of the Lord, to doe juftice and judgement. And what was the way of the Lord, my good Lords: and the Lord faid un¬ to Abraham , becaufe the crie ol Sodome and Go « . morrah is great, and their finne is very grievous, I will now goe downe and fee,whether they have done all things according to the crie that is come ud Dr. Bastwickes Anftper to the Lords , upuntome, that I may know. Now my Lords, you are as Gods, ye are as the Sonnes of the moft high, ye are as the Angels of the Lord in exe¬ cuting therefore of juftice, and judgement this day, I {hall moft humbly intreace your honours to fet this example of God before your eyes, whofe place you now are in; Come dome And fee , whether all things bee according to the crie and fame of Sir John Bankes the Attourney univcrfall. And firft hee accufeth mee to the King and this honourable Court, to be a maligner of his Ma- Jefties government, and farther that I have made many bookes tending to fedition, and ftirring up a heate among the people, and to raife jealoufies in the bread of his Highnefle loyall fubjefts, for the alienating of them from their dotie and obe¬ dience : but fo farremy good Lords am I from feeing a maligner of his Majefties government as I have done nothing but out of confcienceof my dutie to my God and my King, and for the ad¬ vancement of his prerogative Royall, and had I as many lives as I nave haires of my head, I would bee prodigall of them all for the honour of the fame. Let the King live for cver 5 fothat your Honours may well perceive that Mafter Attour¬ ney beginnes his accufation with a calumnie As for the bookes thatarelaiedto my charge and among others, the DmMtragedie and News’ from /pfmth, I ncnherlciicw&i authors of them, nor the place where, nor the time when they were printed, and yet they are latedtomy charge, 1 9 at hie Cenfure in the Starre-Chamber . charge, as if I had beetle the compiler and maker of them. My Lord Keeper then replying 5 Do&or Baft- U .Keep* mcke, doe you not acknowledge the apologie ad Prafules Anghcanos , and the fentences reade in it to bee your owne. My Lord, I acknowledge D.Bastwic^ but part of it to bee mine .* for after it was out of my hands, and gone beyond the Teas, fome man added fomething of his, which I will not father, amongft the which is one of the fentences al- ledgcd againft me5 and I prefume your honours will not conderanc me for another mans a&« Then the Earle of Dorfet replying, DoOtor S.Dtnfet. Baftfvick, did not you fend that book with a letter unto a Nobleman ? My Lord I denie it not, but D.Bastrriek, withall it was with a caution, diftinguifhing be- tweene mine owne writing, and that which was added, therefore I am moll confident 1 (hall not fuffer for that} neither can 1 thinke your Ho¬ nors will cenfure mee tor that which no man can underftand} for the Clarke of the Star-chamber hath fo murdered my latinc in the reading,as hee hath made nonfenfe of it ; fo that neither your Honours, nor the ftanders by know what it mea- neth} and had I not made it myfelfe, it would have palled my intelligence} withall my Lords, I am mod certaine thac manie of this honourable aflemblie underftandjt not, and others would not vouchfafeTo much'as to looke on it: and therefore I am well aflured that you wilt'not without mature deliberation pafse fentence a- Da Sainft 20 Dr. BASTWICKE8 Anfwer to the Lords, gainftany whofecaufe you know not, nor rake it pro confejfo againft him which hathuled all poffi- blemeanes for the procuring of an anfwere un¬ der Counfells hands, but fo cowardly and bafe I found them as that they durft not fign i t for f ear of the Prel ate s, which forced mee to tender it formerly into the Office fubfcribed with my owne hand , of which proceedings there are many prefidents and I moft fubmiffively now againe prefent it heere in this honourable Court, defi- ring it may be accepted of, protefting that I have ufed my bell: indeavours for the getting of Coun¬ fells hand, but 1 finde all men fearefull |n_refpe that fome of this honoHrabie 1 know fword-men, and I my felfe have h?* 16 b r aVe been now ifany man fhould challen^ 6606 . 3 ; held to fight with him *n J a . no ^ er into the fieldto fight th, himmto the placeofduell, (hould b/tle^e It lower and at his Cenfure in the Stan e- Chamber. 2 ? and authoritie of the magistrate take away all his weapons of defence, and leave him onelie a kisk or a bull-ru(h in his hand to defend himfelfe, and fhould then fall upon him and hackc him, would not all the world conclude that hee were a moft bafe and cowardlie fellow ? in the very fame manner my Lords the Prelates deale with us: they have dared us heere into the field of this ho¬ nourable high Court of Star-chamber, making the Nobilitie andPeeres of the Kingdome fpefta- tors f andweearenolooner entred into the place of combat, but the Prelates by order of the Court hath taken away all our weapons of defence, and now they fall upon us to cut off our eares: Nay my Lords it hignlie concernes your Honours to takeheedeof leaving fuch prcfidents behind you, leaft you expofe your felves and your pofteritie to eminent danger: for you may well remember that one that was a prime and eminent Judge in this honourable aflemblie, is now haled into this Court like a beare to a ftake,by thofe our adverla- ries, and that it may bee the condition of any of this noble aftemblie: therefore if you (hall leave fuch a prefident of taking things pro confejjo upon record, your Honours (hall involve your felves, andyour pofteritie in inevitable danger. My Lords I underftand there is a Decree gone forth ( for my fentence was patted long fince ) to cut off my eares. What ? faith my Lord Keeper, Do&or Lo* Keeper . Bajmck who (hall know our fentence before the Court pafle it ? doe you give fentence againft your 24 'Dr. BaSTW ickes Anfiver to the Lords y your felfe, or arc you a prophet that you fpeake thus? myLordwhat I fay,1 am able to prove by a cloud of witness, for it came from the mouth of the Prelates owne fervants,and it was divulged through towne and countrie; by them and the Priefts in Auguft laft, that Doftor Bafttvick fhould locfe his cares, I (hall therefore now prefume onely to befeech you to give mee leave to fay unto your honours, as 7 W fpake unto the .22.15. entur t° n > when they went about to whippe h.m, what faith hee, will yee whip a Roma,ic> , omy good Lords, let mee fay unto your Mo- nours, what will you cut off a true and loyall iubj efts cares for doing his duty tohisKingand Countrey ? will you cut off a fchollers eares? will you cut off a dodlor of phyficks eares,a ble to cure Lords, Peeres, Kings, and Emperors? will LtoThe® field' f W n ” rcS,aUe t0 an army into the field far the honour of his King and Countrey? will you cut off a Chriftians fares” vou c^ToffaC-df ,? f . Ch . nm “ 5 > n >y Lords? will «re» a h ? Cke ’ Ap0ftolicke > aRo ”anes eares? A ndres> k *1 patent, men bre- throned fathers,what an age do we “vein th* we mud thus be expofed umochemerSefa' ^tie/youfc,llf p e^rno^f^r ar , en0 " Doftor Baftwicke anfwer’d her 3 * though earneft, yct hee would not fufferh^ angry ’ bu(: telling him it was not thecaufeZ rhV° g ° C ?r 3 interrupting him faid hnM °f the day, and fo Buriox.whac fay you ? ^ ° Ur P eace *Well Mr. Mr. 2) Mr. BVRTONS ANSWEK.E y honourable Lords, faid bee, I take Mr.Bm.m the hint of what I (hall, with your Lordlhips favour briefly fpeake in this my caufe,from that one particu¬ lar paflage in Mr. Atturneys fpeech, wherein hce chargeth mee with contempt of this honourable Court,in my not anfwering interro¬ gatories. Thisisthemaine thing that toucheth mee, and the onelie caufe ( as is pretended ) of my {landing heere before this honourable Court this daie, to bee proceeded againft and cenfured^r* confejfo. For contempt of this honourable Court? a thing my Lords, which I ever utterly abhor¬ red, as having beene upon all occafionsa teacher ofall due obedience, and reverence to the high¬ er powers, and a pra&izer thereof in mine owne perfon, fora prefident to others, and which my whole carriage in all this caufe hitherto can wic- nefle. As for the occafion and caufe of my refu fall to anfwere the interrogatories, to which the pretended contempt is imputed, it is this: My anfwere to the information being drawneup by ‘ E one B u R T O N 5 Jxf-er to the Lords, oneofmyCounfe!,and ingj he refnfed to %ne it, uoleffe the r^ftof my Counfell affigned, would alf > figaeit s but they refufing, hee alfo re ufcd: whereupon a motion being made in this honourable Court, io. it was then efpeci- ally ordered* that hee who drew my anfwere up, fhould figneit. This being accordingly done, I did forthwith the felfe-fame daie puticintothe Court, upon oath, that it was a true anfwere, and fo it was without any exception,admitted and ac¬ cepted. From that daie, I daiely expe&ed in my clofe prifon the examiners comming with the in¬ terrogatories , with bo other refolution but to anfwere them, accordingto the ufuall manner. But hee not coming in fixedaies,I thereupon writ a letter to Matter Atturney geuerall ( who can heere teftifie fo much)wherein I earneftly intrea- ted him to haften the interro atories, that fol might petition the Lords for foms liberty from my clofe imprifonmenr,both in regard ofthe hot feafon, and contagion, as alfo that I might ufe all lawful means for the defence of my came: but vet the interrogatories came not. At the laft. May 22. my anfwere in Court confifting of two diftin£fc and intire parts, an affirmative and a negative was, as touching the whole affirmative part, of what I neceffarily confeffed. according to the charge in the information , together with all my reafons and grounds, pertinent to the justificati¬ on thereof, altogether expunged by the two Lords cheifejufticesj as impertinent andfeanda- lons at his Cenfure in the Stane-Chamber, 27 louses appears by their certificate under their fe* veral hands ,May 2§.aBd fo'remaines upon the file, withonely a generall not-guiltie left,which con- tradið the part expunged, touching the thing* confefTed. So as the examiner at length coming with interrogatories, May 29. and requiring my anfwereto them: I anfwered him, that I heard my anfwere was expunged, which he affirming to bee fo, then I told him I thought my felfe no far¬ ther bound to anfwere to interrogatories, feeing fo to anfwere,being reckoned as a part of my an¬ fwere incourt, now expunged, as impertinent, and fcandalous, I fhould thereby affent to the expunging, and fo condemne my caufe before the hearing; which I durft not doe. This anfwere he returnedfas he faid) to my Lord Keeper,fo as an order was thereupon made in court, June 7. that unleffeldid within leaven daies anfwere to the interrogatories, I (hould bee proceeded againft pro confeffojiot all the charges contained in the in¬ formation. This order being brought mee by the examiner»I told him I would confider of it, the beft I could in the meane time,being not per¬ mitted to goe to my counfell. Heereupon con- fulting with my God, and my felfe, fundrie rea- fons offered themfelves, whereby t was perfwa- ded, that I ought not (the cafe now fo handing ) to anfwere to interrogatories. Of thefe reafons I fent a coppie within the time limited,to the ex¬ aminer, defiring him to give them into the court, and another coppie parallell, I fent to my Lord E 2 K?per 3 28 CMr Burtons uinfoer to the Lords , Keeper yefterdaie, which his Lordfhip perceived. And heere is another copie of the fame reafons, which Ihumblietenderto this honourable court, that it may bee heere publikelie read. Heere the Lord Keeper refufing to receive thefe reafons, faid, hee had reade them thclaft night, but nothing in them ofaniemoment. ThenMr. 5 »r^«defired that the copie of his faidanfwere, asheeputit intire into the court, and which he then tendred to the court (not that heerenounced ( ashee faid) his faidanfwere, as it was firft put into the court, but ftill avowed it for his anfwere) might there bee reade in open court, that the whole court might judge, whe¬ ther fuch a whole anfwere fo expunged, were im¬ pertinent and fcandalous. But this was likewife refufed. Finch, Then faid the Lord Finch , Mr. Burton , the Judges did you a good turne, to expunge your an¬ fwere as impertinent, for it was as libellous, as yourbooke, fo that your anfwere alone, defer- vedacenfure. Although (faidhee) all that was expunged was not impertinent, and fcandalous,, but the impertinencies were fo mingled with the reft, that it was necefiarie all fliould bee ex¬ punged. Mr. Burton then tookeoccafion to declare up¬ on what ground hee was firft brought into this trouble, that fo it might the better appeare,how his faid anfwere was not impertinent and fcanda¬ lous , but a juft anfwere to thofe charges againft at his Cenfure in the Starre-Ch amber. 2 9 I, him, in the information, in pointoffeditionand libelling. For( fayd he)onthe fife of November ■Mr.Burto» t, laft, I preached in my owne Church on this text, {Proverbs 20,21, 22.) CMy Sonne,feare theuthe ft Lord and the King) and meddle not with them that t, are given to change^, Whereby, as my text led mee, I tooke fit occafion, in difeharge of my mi¬ ls nifteriall dutie, and my confidence therein, to * exhort my people to feare God and the King, in it yeelding al due obedience to both,8t to admonifh jt them to take heed, of thofe innovations which it were creeping, andcrowding in amongft us, and to have nothing to doe with them, as the Text c . admonifheth. For which fermons b eing cited into the High-Commiflion Court, Iconceiving, f { that fuch matters were molt worthy of the cog- nifance of the King himfelfe, appealed to his Ma- lt jeftie, and being notwithftanding further profe- cutedin the fame Court, even untp fufpenfion,^ is officio , & benejtcio , I thought IFneceffarie to fet tortK the fumme of the faid two fermons, with an Apologie of an Appeale, and Epiftles to his Ma- jeftie, to his honourable Nobilitie , and to the Reverend Judges, and all to the end, that due no¬ tice being taken by the King, and them, of fuch innovations, as were by mee noted, a juft refor¬ mation might follow, for which onely end I pub- lifhed my booke. to Keeper Heere my Lord Keeper interrupted him,faying, ^ * F * Mr. Burton , we fit not heere to meddle with mat¬ ters of Religion; but doe you confefle the booke E 3 to 3 ° t Mr. Burtons Anfwer to the Lords , to bee yours>Areyouguiltie, or notguiltie? Mr,Emm My Lord ( fayd hee) I doe not avow that for my book, which is affixed to the information,fee- ing I never read it, and there may be many things in it mifprinted: but I acknowledge,that I wrote fuchabooke, fo intituled. L. Ktepet. Then his Lordftiip asked him, what he anfwe- red to thofe paflages in his book excepted againft by the Kings Counfell, fo full of fliarpe language unbcfeeming a Minifter? Mr,Burton To which he anfwered, faying’, my Lord, if I might have time, and leave of this honourable Court, l fhould anfwere both to thofe places,and all other in the faid booke, being readie to prove the truth of the things therein contained. And as for {harpnefle of language, my Lord, aMinifter hath a greater latitude in reproving of fin, then ordinary men. Heere is to be noted by the way, that they could objeanofuch thing againft Mr. Burmin his whole booke, as fedition, whereof the infor¬ mation charged him 5 having nothing againft him, but faying onely that he was too {harpe. Lo. Keefer. . Then againe the Lordly C ut him off, tur¬ ning his fpeech to Mr. Pry me. But Mr. Burton taking a fit opportunity,craved leav of his Lord- ihip to fpeake one word, as a Minifter of God .* leave being given him, hee faid, I pray God that this Honourable Court in the judgement of this caufe, doe nothing this day, whereby they may Heere at his Cenfure in the Starve- Chamber. Heere againe., my Lord Keeper { aid, Mr. Burton, Lt.Ketpcr, we fit not heere to day to hear* you preach $ this is a place, where your felfe fhould crave mercy and favour,and not ftand upon fuch termcs 3 asyoa doe. My Lord (faid Mr. Burton ) if in any thing I Hr^nryon have through humane infirmitie offended,I crave pardon of God and man. Heere Mr. Prynne craving leave to fpeake, and coming to a clofe, Mt.Jlurton defired but one word more : leave being given , hee faid, my Lords ,1 perceive how I am brought into a great ftreight, either to defert my caufe, and my confcience, or to expofe my perfon to che cenfure of this honourable Court 5 and feeing the neceffi- tie of one of thefe two, I have, and doe, without any further deliberation, refolve , rather to ex¬ pofe my perfon to the cenfure of this honoura¬ ble Court, then to defert my caufe and my con- feienee. Heere Mr. Burton ending his fpeech, a great hummewas made in theroome, by many of the hearers, as an expreffion of their joy, being much affe&ed with this his Chriftian refoiution. Then the Prifoners defiring to fpeake a little plotters, more for themfelves,were commanded to filence. And fo the Lords proceeded to Cenfure. The Lord Cottingtons Cenfure. I Condemnc thele three men to loofc their eares in the Pallace-yard at Webminber ; To be fined five thoufand pounds a man to hisMajeby .* And to perpetuall imprifon- ment, in three remote places of the Kingdom, namely, the Cables of Carnarvan, Cornwall, and Lancaber. The Lord Finch added to the Cenfure. M R. Prynne to be ftigmatized in the Cheekes,with two Letters ( S 8c L) for a Seditious Libeller. To Which, all the Lords agreed. And fo the Lord Keeper con- eluded the Cenfure. * 33 THE MANNER OF THE EXECVTION of the Lords Cenfure. •N the 3C th day of June follow* ed the Execution of the Lords Cen¬ fure in Starre-Chamber upon Dr* Baftwicke, Mr.Pry«ve,and Mr .Surtax, in the Pallace-yard at weftminfter, at the fpe&ation whereof the number ofpeople was fo great, (the place being very large) that it cau- fed admiration in all that beheld them^who came with tender affe&ions to behold thole Three re¬ nowned Souldiers and Servants of Jefm Chrift , who came with moft undaunted and magnani¬ mous courage therunto,having their way ftrawed with fweet hearbs from theHoufe out of which they came to the Pillory, with all the honour chat could be done unto them. Dr. Baftmcke and Mr.Burton firft meeting,they did clofe one in the others armes three times, with as muchexprelHons of love as mighc be, re- F joycing 34 Mr. P a Y N N E S carriage and words joycing that they met at fuch a place, upon fuch an occafion,and that God hadfo highly honoured them,as to call them forth to fuffer for his glori¬ ous Truth. Then immediately after Mr. Prynne came, the Dr. and he faluted each other, as Mr. Burton and he did before. The Dr. then went up firft on the Scaffold, v’nd his Wife immediately following came up to him, and like a loving Spoufe faluced each Eare with a kiffe, and then his mouthy whofe tender love,boldnes,and chearfullnes fo wrought upon the peoples afffeftions, that they gave a mar- veilous great fhout,for joy to behold it. Her Huf- band defired her not to be in the leaf! manner difmay’d at hisfu'ffrings: And fo fora while they parted, (he ufing thefe words: Farewell my Dear eft. be of good comfort ft Am nothing difmayd. And-then the Dr. began to fpeake thefe words. -.Baftwi. There are many that are this day Spe&atoi s of our ftanding here, as Delinquents, though n't Delinquents, we blelfe God for it. Iamnotcon- fciousto my felfe wherein 3 have committed the leaft trefpafle (to take this outward fhame) eitht r againft my God , or my King. And I doe the ra¬ ther fpeak it, that you that are now beholders may take notice, how farre Innocencie will nre- ferve you in fuch a day as this is 5 for we come here in the llrength of our God , who hath mightily . upported us, and filled our hearts with greater comfort then our fhame or contempt can be. A he firm occafion of my trouble was by the Prelates^ • at the execution of his Sentence. Prelates,for writing a Book again ft thePope,and the Pope of Canterbury fayd I wrote againfthim, and therfore queftioned me ; But if the Prefles were as open to us, as formerly have been , we would (hatter his Kmgdome about his eares: But be ye not deterred by their power, neither be affrighted at ourfufieringsj Let none determine to turne from the wayes of the Lord , bat goe on, fight couragioufly againft Gog and Magog, f know there be many here who hare fet many dayes apart for our behalfe, (let the Prelates take notice of it) and they have fent up ftrong prayers to heaven for us, wefeele the ftrength and bene¬ fit of them at this time^ I would have you to take notice of it^we have felt the ftrength and benefit of your prayers all along this Caufe. In a word, fo farrelamfrom bafe fe’are, or caring for any thing they can doe s or caft upon me, that had I as much blood as would fvvell the Thames j I would (bed it every droppe in this caufe. Therfore be iiotanyofyou diicouraged, be not dauntedac their power, ever labouring to preferve inno- ceacie, and keep peace within , goe on in the ftrength of your God, and he will never fayle you, in fuch a day as this 5 As / faid before, fo / fay againe $ Had / as many lives as / have haires on my head,or drops of blood in my veynes, I wo uld give them up all for this Caufe. This plot offend¬ ing us to thofe remote places, was firft confuked and agitated by the Jefuites, as I can make it plainly appeare. O fee what times we are fallen F 2 into. §6 CWr. PrynneS carriage and words into, that the Lords mud fit to a dc the Jefuites plots! For our own parts, we owe no malice to the perfons of any of the Prelates, but would lay our necks under their feet to doe them good as they are men; but againft theufurpation of their power, as they are Bifhops, we doe profefle our feives enemies till dooms day. Mr. 'Prynne fluking the Dr. by the hand, de- fired himthathemightfpeakea word or two. With all my heart, Laid the Dr. M, Trynzc. Who it is (faid Mr. Prynne ) that hath been the caufe of bringing us ali to this Execution, I need not nominate, it being fo well known tomoft here prefenr. The only caufe of my (landing here, is for not putting in my Anfwer under Counfels hand, for which the Information was taken pro confejjo againft me. What endeavours I ufed for the bringing in thereof, God , my owne Conference,, yea and my Counfell know, whofe cowardife ftands upon Record to all ages. For my own part rather tnen I will have my cafe a leading cafe, to deprive the Subje&s of their Liberty which I feek to maintaine, I will joyfully expofe my per- fon to be a leading example, to beare this punifti- ment. I befeech you all to take notice of their proceeding againft me in this caufe. When I was lerved with a Subpsena into the Court, I was (hortly after my appearance (hut up clofe prifo- ner, that I could have no accede to Coun(ell, nor admitted pen, inke, or paper to draw up my An- fwer. 37 at the execution of his Sentence. m fwer,nor Inftruaions for my Counfell: My Ser- eto vant which fnould follicit my bufinefle was de¬ ity tained clofe prifoner in a Meflengers hands with- )dji out bayle or mainprife; My Chamber fearched: lei, part of my Anfwer formerly drawn feifed on by :« a Clerke of the Courrfell; Liberty to put in an Anfwer under my own hand according to former j( j ( , prefidents, denyedme, though a Counfcllor at dot Law^when my affigned Counfell upon my earneft r Petitions was fenc to the Tower, I feed him to ,j, ( draw up my Anfwer, which he did after his own CCj j minde, not my Inftruaions, promifed to figne it, 10ft ve order to his Clerks to ingrofle it,which they did, for which Ipaydthem^ and when this was 10! drawn, he refufed utterly to figne it^ having re- r or ceived an exprefle command from fome greac '4 0neS ^ aS ^ et0 ^d both me and my Keeper) not to £ figne ic,beingthreatned to be put from the Barre ' if he did it. After this,I got Mr. Tomlins another | of my Counfell to figne it, and then tendred it 1 with another Anfwer figned with my own hand, ^ both at the Office, and in the open Court at the hearing ^ which refufed to admit thereof: and yet condemned me for a Contempt in refufing to anfwer, when I tendred two Anfwers, and they without juft caufe rejeaed both. I appeale to all the world,if this were a legall or juft proceeding* Ouraccufation is in point of Libell (but fuppo* 8 fedly) againft the Prelates. To'cleare this now, . I will give you a little light, what the Law is in point of Libell ( of which profeffion I have fo ra¬ tline* ' §8 Mr. Pr. YNNES carriage and words times been,and flill profefie my felf to have fome knowledge in.) You (hall finde in cafe of Libell, v two Statutes: Theoneinthe i. and 2. of Queen Mary c. 3. which Ena&s, That if any fball maltcioujly of his own Imagination ffeake or vent any falfe , Cedi, tiottsand/landerous News, rumours^ Sayings or "tales of the King or Qveenfkc. that everyperfonfo offending being thereof lawfully convtBed by verdiB , bis own voluntary confejfion , ortho Oatbes of 2 . fuff ctent wit - nefj'es hr ought face to face at the tryall, Jhalbefet openly upon the Pillory in feme marketplace w/thinthe Shire , City or 7'owne where the words were fpoken J and there to have both his Eares cut offysnleffe be pay one hundred pounds to the King and Queens higbnes ufe within one moneth.next after judgement given ofhisfaid offence , alfo Jhall fuffer impnfonment by the fpace of three moneths next after fuch his execution . The other Statute is chat of 2^Eliz.c.x. which goeth fom- what further then the former, and enafts, That if any peffon fhould advifedly and with a malit torn intent fp cake or vent anyffalfeffeditious andflanderous 1gews } rumours,Safngsy)r Tales againfitheQueens Majefty, that wasp& fhould be ther of lawfully convtBed in man¬ ner aforefa;d,then he fhould beopenlyfet upon the Pillon ‘ndfherj to have both his Eares cut off,or at the eleClm pound to the Queens within two moneths and fball alfo fuffer fuch his conviBion confider the great of] Queen Mary, and V J ojjenaor to pay two hundred ■ ufe in the receipt of the Efchequer , next after the Judgement given • Jix moneths imprisonment after without bayle or mainprife. Now difparicy between chofe times it Ip Oft, ’di h nit, ifii $ lik m k tk -til foe Ml{ m > it m h };i lit d t t * i at the execution of his Sentence. and Queen Elizabeth , and ours now. In Queen tJWaries bloody dayes, amalitious andfeditious reporter of falfeNews and Libeller again# the King and Queen themfelves was only to be fee on the Pillory, itvprifoned but for 3 moneths, and that at large in ordinary Prifons, and had power to redeem the Ioffe of both his Eares by paying but an hundred pound to the Queens ufe within one moneth next after the judgement given: In Queen Elizabeths reigne, fuch a Delinquent was tofufferbut 6 moneths Imprifonment , and had power at his freeeledion to redeem the Ioffe of his Eares by paying two hundred pound to the Quecnsufe, within two moneths next after the judgements And this only in the cafe of the King and Queen. But-now the world is ftrangely alte¬ red. Formerly there was no fuch Fine for fuch Libellous News and Speeches again# the King andQueen: Now we are Fined no lefle then five thou Hand pound a piece, for ameere fuppofed Libell again# a Prelate or two: Formerly,there wasonly3or6 moneths Imprifonment, yet the mo# preferibed, and that at large in ordinary Prifons belonging to the Kings Courts. Now we are to undergoe perpecuall clofe Imprifonment, and that in the remote# Caftles farre diftant from all our Friends, whither none were ever fent by this Court before: and none of our Friends mu# be permitted to fee us. Then had the Delinquents power at their own Eledion to redeem the lofle of both their Eares by the payment of too, or QCO 40 * I could have done now. If I might have been ne^ "nfaS tt for w ¥ Gods 43 tfc a nS IOK § )!! 17 A lit il c 111 ft ]( t I I at the execution of his Sentence. Cods Word and ancient Fathers , for which not- withftanding, they paffed Cenfure on me,) That fame Book was twice licenfed by pnblicke Autho¬ rity, and the fame words I then fuffered for, they are finceagaine made ufe of, andapplyed in the fame fence by Heylin in his Book, called The Hi- ftory of the Sabbath: part 2. p.207. lately Printed, de-dicated to the King, and no exceptions taken againft them,but are very well accepted of,though h« was the chiefe underhand profecuter againft me, and drew up the Inftruftions which the Kings Counfell infilled on at the hearing. Haudequidem invideojn'tr or magis. Aye ( faid Dr. Bajltvickc') and there is another ^ r * • Book of his licenfed, wherein he rayles againft us Three at his pleafure,* and againft all the Martyrs that fuffered in Queen Maries dayes, cal ling them Schifmaticall Hereticks. And there is another Book of Focklingtons licenfed $ they be as full of lyes,as dogges be full of fleas^but were the Prefles as open to us, as they are to chem, we would pay them and their great Mafter that upholds them, and charge them with notorious Blafphemie. SaydMr. Trynne ^ You all at this prefent fee , M ' Pr *" w > there be no degrees, orprofeffionsofmen exemp¬ ted from fuffering under the Prelates malice. Here is a Reverend Divine for the Soule, a Phy- fitianfor the Body, and a Lawyer for the Eftate: I had thought they would have let alone thofe of their own Rochet, and not have medled with any of their own Sacred Order. And yet the next G 2 (for C Mr. pRYNNES carriage and words (for ought I know ) that is to follow us and re¬ ceive a Cenfure in Starre-chamber, is like to be a Biflhop. You fee they fpare none of whatfodecy or calling foever , none are exempted that crofle their ovvne ends. Gentlemen,look toyourfelves^ you know not whofe rurne may be next: If all the Martyrs that fuffered in Queen Maries dayes, are accounted and called Schifmaticall Here- ticks,Fa&ious Fellows^Traytors and Rebels,Con¬ demned by Holy Church : What (hall we look for ? Yet fo they are ftyled in a Book written by Dr. Pocklington , licenfed for the Prefle by the Archbifljops own Chaplaine,and intituled Alt are Cbriftianum , pag 92. And fuch Fa&ious Fel¬ lows, Hereticks, and Rebels are we accounted, for difcovering a plot of Popery. Alaspoorc England ! what will become of thee and thy Re¬ ligion , if thou look not the fooner into thy own perplexed condition, and maintaineft not thine own eftablifhed Faith and lawfull Liberties! Chriftian people, I befeech you all, ftand firme, and be zealous for the caufe of God , and his true Religion, to the fhedding of your deareft blood, otherwife you will bring your felves, and your Pofterities, into perpetuall bondage and flavery, to thefe Romifli Innovators, and Tyrannizing Trelates. The Archprelate of Canterbury being informed by fome of his Spies what Mr. Prynne fpake, as he was fitting in the Starre-chamber , moved the Lords, that Mr. Prynne might be gagged,and have Tome _ at the execution of bis Sentence. lit fome further Cenfurelayd, and prefentiy execu- >k ted upon him : fuch was his Arch-grace , and fil¬ ler peraboundant pitty. : i To which the Lord Keeper anfwered, That his lw Grace ftiould doe well not to take notice of what fit men fpake when they were in paine on the Tillo- Ijj tie 3 their very {landing on it being fufficient t& tot difcredit all they uttered: and fo it refted, cos loc ' . .. , ‘It 'll K M r< Burtons heavenly and comfortable Speech, which he made at the time of his fufferiog,both before,and while he flood in the Pillory, which was fet fomc- thing diftant from the other double Pillory ,wherein Dr. BaQwicke and flood. HE night before his fuffcring, a- bout eight a clocke, when he firft had certaine notice thereof, upon occafion of his Wives gping to aske the Warden,whether her Husband fhould fulfer the next day, immediately he felt his fpirits to be rayfed to a farre higher pitch of reso¬ lution and courage to undergoe his fufferings, then formerly he did, foas he intrcated the Lord to holdup his Spirits at that height all the next day in his fufferings, that he might not flagge nor faint, leaft any difhonour might come to his Ma- jeftie,orthecaufe: And the Lord heard him: For all the next day in his fuffering (both before and after ) his fpirits were carried aloft as it were upon Eagles wings (as himfelfe fayd) farre above all apprehenfion of fhame or paine. The next morning (being the day of his fuffe¬ rings) he was brought to wejtmixfter s and with much at the execution of his Sentence. much- cheerefullnes being brought into the PaJ- • lace-yard unto a Chamber that looked into the Yard, where he viewed three Pillories there Tec up : Me thinks (fayd he) I fee CMount Calvary^ where the three Croffes, (one for and the other two for the two theeves) were pitched; And if Cbrtfi were numbred among theeves, final! aChriftian (forC&ri/frcaufe) thinke much to be numbred among Rogues, fuch as we are condem¬ ned to be ? Surely if I be a Rogue, I am Chrifts Rogue ? and no mans. And a little after, looking out at the Caferaent towards thePillory,hefaid; I fee no difference between looking out of this fquare window and yonder round hole, (poynt- jng towards the Pillory) he faid : It is no matter of difference to an honeft man. And a little after that, looking fomwhatwiftlyupon his Wife, to fee how £be did take it 5 fhefeemed to him to be fomthiog fadde ^ to whom he thus fpake : Wife, why art thou fo fad > To whom £he made anfwery Sweet heart,I am not fad: No fayd he? See thou benot, for I would not have thee to difhonour the day, or to darken the glory of it,by fhedding one teare,or fetching one figh: for behold there For thy comfort my triumphant Chariot, on the which I muft ride for the honour of my Lord and Matter; And never was my Wedding day fo well- command joy fall a day,as this day island fo much the more, becaufe I have fuch a noble Captaine and Leader, who hath gone before me with fuch audauntedncfle of fpiric,that he faith ofhimfelfe, /gave 4 8 tMr. Burtons carriage and words — /gave mybacke to the [miters, my cheeks to the nippers', theypluckt off the haire , I hid not my face, from fhame and fitting $ for the Lord God will helpe me: therfore [hall I not be confounded \ therfore have I fet my face like a flint,and I know l jhall not be ajhamed. Ac length being carryed toward the Pillory, he met Dr. Bafiwicke at the foot of the Pillory, where they lovingly faluted and embraced each other j and parting a little from him, he returned, (fuch was the ardencie of his affe&ion) and moft affe&ionately embraced him the fecond time, ■being heartily forryhe miffed Mr. Prynne , who was not yet come before he was gone up to his Pillory, which flood alone next the Star-Cham¬ ber , and about halfe a ftones caft from the other double Pillory, wherein the other two flood: fo as all their faces looked Southward, the bright Sunne all the while for the fpace of two houres fliining upon them 5 Being ready to be put into the Pillory, (landing upon the Scaffold, he fpied Mr.Prynne new come to the Pillory,and Dr .Pajl- wicke in the Pillory, who then hafted off his Band, and called for a Handkerchiefe, faying What, (hall I belaft> or (hall Ibe aftiamed of a Pillory for Chrift , who was not aftiamed of a Crofle for me > Then being put into the Pillory, v, - 5 e 9 ooc ! P eo P} e 3 * am brought hither to be * 4 * afatiacleto the world ,to Angels,and to memAnd howfoever I ftand here to undergoe the punifli- mentofaRogue, yet except to be a faithful! Ser¬ vant to Chrifl, and a loyall Subjeft to the King, be at the execution of hie S erne nee. 49 be the property of a R.ogue,I am no Rogpe.But yet if to be Chrifis faithfull Servant, and the Kings loyall Sub)ett,defervethepuniftimentofaRogue, I glory in it, and I blefle my Cod , myconfcience is deare , and is not ftained with the guilt of any inch crime, as I have been charged with, though otherwife I confefle my felfe to be a man fubjeft to many frailties and humane infirmities. Indeed that Book intituled, An Apologie of an Appeale, with fundry Epifiles , and/u>o Sermons ^for God and the King , charged againft me in thfe Information, I have and doe acknowledge (the mifprinting excepted)tobemine,and will by Gods grace never difclayme it whilfl: I have breath within mee. After a while, hehavinga Nofegay inhishand,a Bee came and pitched on the Nofegay, and began to fucke the Flowers very favourly, which he beholding and well obferving, fayd, Doe ye not fee this poore Bee ? She hath found out this very place to fuck fweetnefie from thefe Flowers^ And cannot I fuck fweetneffe in this very place from Chrifi } The Bee fucking all this while, andfo took her flight. By and by he took occafion from the {hining of the Sunne, to fay. You fee how the Sunne fliines upon us, but that dimes afwell upon the extllat thegoed t uponthe jufland unjufi, but the Sunne of righteoufnejfe ( Jefrn Chrifi who hath healing Ml1, under his wings) fhines upon the foules and con¬ fluences of every true bcleever onely, and no cloud can hide him from us, to make him afliamed of us, no not of our mod diamefull fufferings for H his 50 ' Heb.lt.s T Z7 Mr . Burtons his fake : And why fliould we be afhamed co fuffer for his fake, who hath futfered for us ? All our Offerings be but fleabitings to that he endured, He endured the CroJJ'e , and deft ifed the fhame , And isfet on the right hand of God .* He is a mod excellent pacterne for us to look upon, that treading in his fteppes, and fufFering with him, we may be glori¬ fied with him. And what can we fuffer, wherein he hath nocgone before us,even in the fame kind > Was he not degraded, when i;hey fcornfully p ac on him a purple Robe, a Reed into his hand, a thorny Crown upon his head, falutinghim with, Hayle Ktng of the Jem, and fp difrobed him again ? Was not he deprived, when they finote the Shep* heard, and the Sheep were feat teredo Was not vio- lence offered to his facred perfon, when he was buffited, and fcourged, his hands and his feet pierced, his head pricked withthornes, his fide goaredwithaSpeare,&c.> Was not the CrofTe more fhamefull, yea and more painfull, then a Pillory? Was not he ftriptof all he had, when Sonld? e ? ft j- ke .” aked u P on the CrofTe, the Souldiers dividing his garments, and cafting lots upon his vefture > And was he not confir m perpetuall plofe Imprifonment in man°imagfna- tio n> when his body was Iaydin a Tombe, and the , ombe fealed 5 with a ftrong guard ahnnr it i a hefliould breake prifon, or his Difciples ftealc himaway ? Andyetdidhe norrifeaeaine and thereby brought deliverance and vilorv ’to „ all, Co as we aremre ,hm errors,brlghhm that at the execution of his Sentence. i that lovedm ? Here then we have an excellent pat- terne indeed. And all this he uttered (and what- foever elfehe fpake) with marvailous alacrity. Onefaydunto M r* Burton, Chrijl will not be afhamed of you at the laft day. He replyed, He knew whom behadbeleeved, and that Chrijl was able to keep that he had committed to him again ft that day . One asked him how he did ? He faid never better, I bleffe God, who hath accounted me worthy thus tofuffer. The Keeper keeping off the people from prelfingneere the Pillory 5 he fayd,Let them come and fpare not,that they may learneto fuffer. This fame Keeper, being weary, and fitting him down, asked Mr. Burton, \i\xt were well, and bad him be of good comfort. To whom he replyed. Are you well ? If you be well,I am much more,and full of comfort, I beffe God. Some asked him, if the Pil¬ lory were not uneafie for his neck and (houlders. He anfwered: How can Chrijl s yoake be uneafie ? This is Chrijls yoake, and he beares the heavier end of it, and I the lighter $ and if mine were too heavie,he would beare that too. O good people, Chrijl is a good and fweet Mailer, and worth the fufferingfor ! And if the world did but know his goodnefle, andhad tailed of his fweetnefle, all would come in and be his Servants 5 and did they but know what a blefled thing it were to beare his yoak ,0 who would not beare it ? The Keeper going about to eafe the Pillory by putting a Hone or a bricke bat between, Mr .Burton faid, Trouble not your felfe, 1 am at very good eafe, and feele *-”1, H 2 no 54 CMr, TON S carriage and words goocfand my Confciencefound,! could not enjoy, lomuchunfpeakabb comfort in this myfuflfering as 1 doe,l blefle my (jod. Miftris Burton fends commendation to himby a Friend: He returned the like to her, faying. Commend my love to my Wife, and tell her, | . am heartily eheerfull, and bid her remember what I fayd to her in the morning, namely. That fhefhonldnot blemilhthe glory of this day with one teare,or fo much as one flgh. She returned anfwer, that (he was glad to heare him fo cheer- full 5 and that (he was more eheerfull of this day, then of her wedding day. This Anfwer exceed¬ ingly rejoyced his heart, who thereupon blefled For what God. will have done,muff be accomplilhed. One deffrincr Mr. t; Burton to be of good cheere: He thus replyed : If you knew my cheere, you would be glad ;o be 1 partaker with mejfor I am not alone,neither hath 2 Godltit ipe alone in all my fufferings and clofe * Iqiprifonmcntfince firft I was apprehended. The 1 Halhertmen (landing round about, one of them ® had an old rufty Halbert, the Iron whereof was “ tacked to the (laffe with an old crooked nayJe • 'll which one obferving, and faying, What an old’ B Halbert is that ? Mr.Burt on fay d, This feeras * t0 “ e t0 he oneofthofe Halberts, which accom- ® panied Judus when he went to betray and appre¬ hend his'Mafter. The people oblerving Mr. Bur- * \ dns cheerefullnefle and courage in fullering, re¬ ft joyced, and blefled God for the fame. Mr. Burton n! fayd againe, I am perfwaded that Cbrtft my Ad- i vocate, is now pleading my Caufe at the Fathers »l right hand,and will judge my Caufe,(though none t be found here to plead it)and will bring forth my I righteoufnes as the light at noone day.and cleare l m y innocency in due time. A Friend asking Mr. Burton , if he would have been without this parti- S ' cular 7 56 c Mr. Burtons carriage and words cular fuffering. To whom he faid, No not fora world. Moreover he fayd, chat his Confcience in thedifchargeof his Minifteriall duty and functi¬ on , in admonilhing his people to beware oftbc creeping in of Popery and Superfticion, exhort¬ ing them to ftickclofe unto God and the King in duties of obedience, was that which firftoccafi- oned his fufferings 5 and fayd s as for this truth I have preached, I am ready to feale it with my blood, for this is my Crown both here and here¬ after. I am jealous of Gods honour, and the Lori keep us that we may doe nothing that may difho- nourhim, either in doing or fuffering- Godzzw bring light out of darknefle, and glpry out of fhame: And whatfhall I fay more? I am like a Bottle which is fo foil of liquor, that it cannot runne out freely; So I am fo full of joy, that I am not able to expreffe it. In conclufion, fome toldhim of the approach oftheExecutioner,and prayed God to ftrengchen him. He fay d,I truft he will, why (hould I feare to follow my Mafter Chrtft > who fayd gave my back to the [miters , and my cheeks to the nippers,that plucked of m )haireJhidnot my face from fhame and (bittinr, for the Lord God mil help me, therefore fh alt I not he confounded- therfore have I fet my face like afim, and I know that I fhall not be afhamed. When the Executioner had cut off one Eare, which he had cut deep and clofe to the head in an V?rT T i 1DAT y crueI1 ma nner:Yct this Champion of Cbnfi never once mooved or ftirred for it, though at the execution of his Sentence. fc though he had cue theArterie, foas the blood li ranne ftreaming down upon the ScafFold 5 which »! divers perfons Handing about the Pillory feeing, ft dipped their hankerchers in, as a thing moll pre- tt cio “ s J the people giving a mournfull Ihout, and iji crying for the Chirurgion, whom the crowd and i other impediments for a time kept off, fo that he it could not come to Hoppe the blood: This Pa- 1, tient all the while held up his hands, and fayd. it Be content 3 it is well, blelfed be God, it cannot be U better bellowed. The other Eare being cut no | fcfledeep,and ftreaming out alfo with the other. In in abundant effufionof blood, he then was after , a while freed from the Pillory, and came down, li where the Chirurgeon waiting for him,prefent- i, *y applyed remedy for Hopping the blood after a large efFulion thereof ; yet for all this he fainted not,in the leaft manner, though through the ex- penfe of much blood he waxed pale. And one offering him a little wormewood water,he fayd, ', j }' e jds not, yet through importunity he onely tailed of it,and no more, faying,his Mailer Ckrift J was not fo well ufed, for they gave him gall and vineger, but you give me good ftrong water to tefrelh me,blefled be God. His head being bound " U P > two Friends led him away to an houfe pro¬ vided for him in Kings Street, where being let down,and bid to fpeak little, yet he fayd after a pawfe,This is too hot to hold Jong : Now leaft they in the roome , or his Wife Ihould miftake, and think he fpake of himfelfe concerning his I paine, T^ne^he fayd, I fpeak noc this of my ft lie : for that which 1 have fuffered is nothing co that my Saviour fuffered for me, who had his hands and feec nayled to the Croffe : And lying ftill a while, he took Mr .Prynnes fufferings much to heart,and asked the people how he did, for (fayd he) his fufferings have been great. He asked alfo how Dr .Baftaieke did,with much compaffion and grief,that he (being the firft that was Executed) could not ftay to fee how they two fared after him. His W ife being brought to him, behaved herfelfevery gracioufly towards him, faying, Wellcome Sweet heart, welcome home. He was often heard to repeat thefe words : The Lord keep us,that we doe not difhonour him in anything. Before I come to the Execution of Dt.Btfl- wtcke^l (hall fet down the true Coppy of the Lord Keepers Warrant for Mr. Burmi Degradation, & the order of the Starcham - ber for his Execution^ there being the like order for the Execution of the other two. J To the V^arden of the Fleet, or jjj his Deputy. Mr. Warden, it ’^T'fleje are to wiS and requireyou to carry Henry Burton I *■ (lately fentencedin the Starre-chamber ) to morrow I being Tuefday, by two of the clocks in the afternoon, unto jgt Pauls Chureh(where the High Commiffton will then fit) jj, there to abide and attend the pleafnre and dir eft ion of that Court, and then to return h tm backe againe unto the Fleet: '. Wherein as you are to convey him fafely, and with a compe¬ tent firength and guard, Solwifhitmay be done with the lit Isafi nojfe, or notice before hand. So Irefi Your very loving Friend )i THO.CQVE^TKJ. ofi ___ k In Camera, Stellata.u 29 0 die funii , A° 13 0 Car. Re. 9 T Hefe are to require you, that on Friday the 30*/ this infant Iune, you caufe Henry Buiton late Clerke, now Prifoner in jour cufiodie to be carryedto Wefiminfier, and to be then (et inthePiHory in the Palace-yard there , and to fee hu Earet then cut of, according to the purport of the Decree of this Court tn that behalfe , the 14 of this infant June, 10 . I 2 Dr. G'l D r * BAST WICKS " EXECVTION. jFTER the Executioner had cutoff both Mr. Burtons Eares, by force of the former Warrantee came unto the double Pillory,wheron Dr .Baft- tvicke and Mr. Prynne flood. Now the Dr. perceiving by his approach, that he in- tendedto begin with him; he prepared himfelfe with all alacrity, and with a cheerfull failing coun tcnance,took the hangman by thehand.and clapping him on the backe, hefaid welcome r riend, welcome; then the Executioner intreat- lng him to forgive him,he replyed, I freely for- givethee; comeFriend(faidhe)what thoudoft ;Z q r kly l (OT I / earenotan y torf ure or fhame, that the malice of man, for witneffing the truth ofmy Wean expofe roe unto; andfo removing h7w y wl haife r he , made thc one Eare readie for by(who hadformerlybeen an SofdS /battened up upon the Pi l lorv —«»-4iw.»asaMis , s his 6 3 ' his Matter, that with much ftriving, up he got, I and clapped a fpunge upon his Eare to ftoppe the ® effufion of blood that might otherwife have iffu- ed forth from the wound: Then the Dr. put afide his haire from the other Eare $ and forth¬ with he cut off the other Eare, fo clofe as that he cut an Arterie, which caufed the blood to it cmfh out abundantly, infomuch that his Doublet ro (which was of white Damaske ) was all beftrea- r medwithit. All which he indured with an un¬ daunted courage, not fo much as once fhrinking, [I, or changing his countenance. r The Cenfure thus Executed with all extremity, r Qt'Bafkmck was let out of the Pillory,and while l he flood on the Scaffold, he took the Spunge from his Eare : it being all bloody, he held it in I. his hand, and waving it over his head , with an ’ 1 audible yoyce (lifting up his eyes to heaven) he uttered thefe words, Blejjed be my God , who hath counted me worthy , and of his mighty power hath ina~ bled metofujfer any thing for hisfake h &as I have now /of feme of my bloody fo am I ready and willing to frill R every drop that is in myveynes m this Caufe, for which /now have fuffered: whi'h is, for maintainingthe truth of God , and the honour of my King againfiPo- pifr ufurpamns. Let qod be glorified. And let the ; Kin? live for ever 5 fo going down from the Scat - fold, and fitting upon the Ladder, two Chirur- gions applyed meanes for the ftanching of the blood, and then two Gentlemen of eminent * place and ranke took him by each arme, and led t * him I him into a Houfe in the Pallace yard 5 not that he felt any faintneffe in himfelfe , for his coun¬ tenance (hewed the contrary, being ruddie and cheerfull: but becaufe the preflfe of people was very grear. They brought him into a Houfe where his Wife met him, and his two Chirurgi? ons came there and drefled and bound up his wounds: fome few houres after his Keepers con- vayed him back againe unto the Gatehoufe in tveftminfier, where he had been kept a Prifoner above two years before they brought him forth unto this publike fuffering. Laft of all, the Executioner having done with Mt-Burt on and Dr. Bajbvicke, came unto Mr. Brm to Seare him, and cut off his Eares. Mr.TW fpake thefe words to him : Come Friend, come, burne me,cut me I fear e not. 1 have learned to feare the fire of Hell and not whatman can doe unto me. Come feare me, feare me, ifhall bearein my body the neTformed '' ^ blood y Executioner performed the Execution with extraordinary nn^nh h £ atlr !g hls Iron very hot, and burning one Cheek twice: After which he cut one of hisEares foclofe, thathecutofFa piece of hi Cheek too and cut him deep into the neck neare jugular veine to the great danger of his life feft ifha„ri„ k i ng him cue itoff quite. Ac „hi? h «qul “Se he henevcrlnoved with his body, or fo much as changed his countenance, but ftilllookcupas well as he could towards heaven, with a fmiling countenance, even totheaftonilhmentofall tho beholders. And uttered (afToon as the Executi¬ oner had done) this heavenly fentence: The more 1 4 m beat down,the more ami It ft up, .As looneas he came off the Pil'orv^efaid, Nowfblejjed be God) I have conquered & triumphed over theprtlates to thee-, & feel mi felfefo firong.that I could encounter themau together at this very present. After this he was car¬ ried to a Chamber in the Pallace yard and there had his woundsdreffed. Where refting,and dif- courfing with thofe who vifited him about tw o houers,fpace or more,he then vifited Ds.Bafimc^ and took his farwell of him. And fo returning from the Execution in a Boat, to the Tower, made (as I heare) thefe two Verfcs by the way, on the two Charafters branded on his Cheeks. S.L. STIGMATA LAUDIS. S TIGM A TA maxilltirefertns infignia LAV D IS , EXVLTAITS remeOjViBimagrata Deo. Which one fince thus Englifhed, S.L. LAUDS SCARS. Triumphant ’returned face defer ies, L AVD S fcorcbsngS C A ods grateful faenpee^ 66 21 — And Mr. Trynnc him fdfe chug ? Bearing LAVDS STAMPS onmy Cheeks 3 l retire Trzumpbing^G odsfweet Sacrifice^ by F;re, Mr^Trynne, the morning before his Executi¬ on, to informe the Lords of the Illegality ofhis Cenfure, and leave them inexcufable, dilated this Petition to a Scribe, which hedefired the Lievtenant of the Tower to prelcnc unto the Lords, which he willingly undertook and per¬ formed. r tMr. Phynnes Petition to the Lords. 67 THE RIGHT HONOURABLE LORDS OF HIS MajeEies high Court of Star-Ch amber. The humble Petiton of William Prynne clofe Prifoner in the Tower. Hat your Petitioner from the time of his apparance to the Information on which he was Cerifured , was debarred liberty of pen } inke and paper at his ( hamber , to draw up his anfwer and inftruftionsfor his Counfell 5 and from the day before Eafter Term? lajl , denyed allaccefj'e to them. Thathd Servant who fhouldfoUicit his bufmefj'e , and help cop- py and ingrrfje his Anfwer, was detained from him for ten weeks and more clofe Prifner in a Mejjengers hands J and ftnee committedto the Counter (to retard his anfwer } and deprive him of his fervice , when he needed it mofi 3 and put him to unnecejfary expeace.all K his X ^L (Mr. PrynneS Petition to the Lords. his friends me cine time beingfecludedfrom him. That in this exigent he did bis utmoft endeavour to procure bis C ounjell to rep air e to him , and draw up his nAn- fwer , but could not ejjeCt either, till your Lordfhips upon bis Petition ordered Mr. Holt to come to him , to whom hegave a fee and inflruBions to draw up his -dnjwer according to the courfe ofthe Courts as he and his other Co unfell jhould think jit. whereupon he un¬ dertook to draw his An freer , accordingly performed it, and after often conference with one of his lajlaf- ftgned Counfell , by their mutuall agreement gave order to bis Clerke to ingroJJ'e it, promiftng tofgne it, that it might beputin thenext morning : but being ingrofjed (for reafonsbefi known to himfelfe ) be un¬ expectedly refufed to Jigne it, contrary to promtfe, though your Petitioner payd for the Coppymg, and mgr offing, tendredhtm a newfeetofignett, andhis other Counfellprofered to fubfcribe it , if he would: which he refujing, and the other departing then into the Countrey , and not returning till after thebegtn- ing of the lafi Ter me, he then procured his hand thtr* to, and tendr edit to Mr. Goad, who denyedto accept *t, orhts affidavit, averring all this for truth-, and that he had ever been defir out, and done all that layin him to procure his Counfels hands to bis Anfwerjefore that time,but could not. That at the hearty our Pe- ti toner alledgedaUthis, andtendred in even Court anAr A i Wer ?* de l 0 neO f his Councels hands,and ZrtZ**f JPer / l £* ed ’ p * th ^s own band, both which v umtny conceivethjor any proofe,witneffe confejfion, c Mr. PaYNNES Petition to the Lords. confeffton, or particular charge objeBed againjt him by his Majejties Counfell) to which he could then make anfwer , the fetid 1 nformation was taken pro confedo, for want of an Anfwer , when as he then tendredtm Anfwers thereto in Court , asfoon as he couldpojjibly procurement^ either of which ff received , would (as he humbly beleeveth ) have exempted him from that pumfbment andcenfure then impofed on him , which he is now called out to fujfer. In tender regard whereof he humbly befeecheth your Lordfhips , to take it into your honourable , jufi , and Chrijlian-fecond cogitations^ whether you will deem it meet or equitable upon fuch proceedings (of dangerous prefident and example even to the mojl innocent per- fons)for the default and treachery offome ofhis.Coun- fell\ without any apparent negleB 5 confeffon , or p roofe of guilt or crime in himjelfeyo expose him to thofecor - porall punifhments o/Pillory, ftigmatizing,lode of the remainder of his Eares ( and by confequence of themofl excellen t fence of hearing , more deare then life ,) and perpetuall Imprifonment in a remote obfcare Caftle. impofed on him by your Cenfure,and now readie to be executed 5 it being (as he humbly ap~ prehendeth ) contrary to the great Charter and late Petition of Right , that any freeman fhould in- curre the lode of life or any member (unleffein certain cafes provided by fome late Statutes )0f which this is none ) but by an I ndii&ment and verdift at the Common Law • or that he fhould lofe his Eares for any falfe News, or Libels againftany Peere or Prelate, (though conviBed of it) but only 69 ZL ■JO tMr. P a. V N N E S Petition to the Lords . in cafe of falfe News and Libels againft the Rings or Queens facred perfons: tn which xery cafe /^Statutes of i. and 3. Marias, c. and 25. Eliz.c. 2.(now expired tjwhich p' efcribe this penalty, are fo moderate , that the delinquent after cenfure is left to his ekftion,to' redeem the lofle of his Eares with the payment of one,or two hundred pounds at moft,tothe King or Queen within one moneth next after his fentence pronounced$and then to fuffer but 3. or 6.moneths Imprifonment only after fuch payment, or execution ,andtsnot to incur re this fentence or pumfhment without fuf- ficient proote by two fubliantiall vvitnefies at at the leaft , or his own voluntary confefljon without force or violence. Both which faylin? in your Petitioners cafe,he humbly kopetb your Lordfhips out of your ho our able Jufttce mil not infliSa fnerer Cenfure on him ,, only for a Juppofed Libel aoatnfl 0 Prelate or two.without any confeftonproof orrvitnefft agatnfi him than thefe tatute, prefer,the both in the heemferfu,of f.„,holier yi.ee and Quality than Btfbopf , fetidly after hit fVTp /, mpri/LK*. AUwbubbe m .11 dutee mi due fdm II,on molt h T .e ' »«i*w the ItiLutU Jufljce or Cenfure ^dfnflrb!^ J ° Ur h0murdk favours with par- (hail tv* ‘ ^ t (° n 31 ° bets nccejfitated, (ball ever pray for your Lordfhips. 3 This The Arclr.bifloops harfb dealing with M.Ptynne. 7 1 1; This Petition was prefented June 30.1617. t) (the morning before the Petitioner fuffered) to Is the then Lord Keeper, iathe Inner-. St arch amber, 1 jf who hearing it read, acquainted the Archbifhop iiti of Canterbury therewith, defiring him to caft his ft eye thereon. To whom he replyed : That he had dll no hand at all in the Cenfure , which was the T empo- iu rail Lords aB,not his, therforehewouldbave no hand in receiving any Petitions concerning it • the rather, E becaufe their Lordfhips knew well, it washes Maje- flies exprejje pleafure and command it fhould be Ex- ( jj ecuted. By which anfwer he would feem to fhife jj, off boch the Cenfure and Execution of it from E j himfelfe, and lay the whole blame, and odium of , them on the King and Temporall Lords, who did nothing but by the Prelates originall in- ftigation, beingbutthe inliruments, the Exe¬ cutioners of their cruelty and revenge^ though I dare fay, moft of the Lords that paffed this fen- tence, neveronce thought that it fhould have been executed. Butthe Sentence being once paft, the Prelates took care to make it irrevoca¬ ble. TheExecution of this Sentence upon Dr. " , Baftwicke , Mr. Burt n, and Mr. Trynne was dis¬ patched before the Decree was entred, or their Attorneys could get any fight thereof to except again ft it: And as if the Sentence at the hearing had not been fufficient,the C ourt upon Mr. At¬ torneys meerc motion,made this fupplimentail order by way of addition to it (athingaltoge- therextrajudicial and extravagant,warranted by TZ 7 The Lords extrajadit tall additionall Order . 410 former prefident)on porpofe to debarre them of the liberty of pen, inke,paper, and Books,not prohibited them by the Decree it felfe. In Camera Stellata coram Concilio ibidem 29™ die Junii, Anno decimo tertio Carols Regis. I T is this day Ordered by this Honourable Court , up on the motion of Sir John Banks Knight,his Majefiies Attour- nej Generali , that Henry Burton, John Baftwicke, and ' William Prynne, late defendants at hisfuit , who by the Decree of this C 9 Hr t% dated the fourteenth off unt laft.art tofujftr perfet uall Imprifonment , ( v \z.)the faid Baftwicke This was in the Caflle of Lancefton, in the County of Cornwall; foifted into p r ynne in the (* Go ale ofthe)Cafile o/Carnar uan; and might nay, ought to have bay led him by j Law, without calling a Court, And in truth he In proved as good as his word, for caufing his Ser- f vant to be oft times examined by the thenAttor- w ny Generali and Solicitor ,who by threats and # great promifes would have induced him, like ty another Judas , falfly toaccufe and betray his ^ Mafter, and he refilling to doe it y he Articles againft him in the High Commiflion, and for his rctufall to take an Ex Ojficio Oath before fight of his Articles, he by a fpeciall letter procured by him under his Majefties fignet, took the Ar¬ ticles againft him pro co> feffo , fined him icoo/.^ to the King,taxed him to pay good round * cofts | of fuit$ committed him clofe Prifoner to the Profecutor Counter,Excommunicated him, after that ban- 5 dcd 70 The L ords extrajuditiall addition all Order. ded him up and down from Prifon to Frifon, re¬ moving him from the Mefiengers to the Coun¬ ter 5 from thence to the Gate-houfe5 fromitto the White Lyon^ from thence to Newgate^from it backagaine to the White Lyon - making like- wife anOrder to fend him clofe Prifbner to tftf- bicb Caftle$ ordering his Father to pay the Mef- lengers fees, amounting to above 22 /. under pain of Imprifonmenr, andprotefting that he ftiould never be releafed while he lived, unles he would take his Oath to anfwer the Articles, and con- fefle fuch things as he ftiould demand of him, touching his Matters fecrets. Tea To farredid his malice extend to all, who had any relation to Mr/Prjnne , that he fentoneof his fervants to oneof his own kindred (Mr .John Badger , of the Inner Temple) and forwarned him any more to come toLambeth,ox fee bis face hereafter,becaufe he ufed to vifit Mr. Pryn at the Tower$ and refa- fed Co much as to fee or fpeak with this his kiuf- man even fince his own commitment to theTow. er, when he went to vifit him there, becaufehe vifited Mr. Prynne , whom he now fucceeds in the Tower,fitting in the very fame feat in the Chappell there, where Mr. Prynne was placed bv oismeanes. 1 The CMr. Prynne, And Mr. Burton, &c. The Manner of conveighing Dr* r Bajfovick , M a. Ppnne, and Mr. ' Burton , to their feverall Prifons, and places of £*;/ by foree of which they were removed, exiled t and tlofc impriflncd. OU have already heard a true Narrati¬ on both of the Sentences, and corpo- rall Executions of Do&or Baftrmk , <-Mr. Burto^ and CMr. Prynne-} you fhall next receive a briefe Relation of the man¬ ner of their feverall removalls, to their remote , Prifons, and places of Exile , and a true Copy of the Orders, Warrants, and Letters from the Lords , by force whereof they were tranflated, imprisoned and exiled. On the 26th. day of duly, 1637, Dr, Bajt- wick before his wounds were perfe&ly cured, was by Mr.. Hopkins cheife Warden of the Fleete 3 and his fubfticutes,conveyed from the Gate-Houfe co¬ wards the Caftle of Lancefion $ and fo ftri&ly looked unto, that his Wife, who followed him in a Coach,could not for fome dayes (pace bee L admitted The manner of convey ng away Dr , Ba ftwicke, admitted, fo much as co fpeake with him, or to lodge in the fame 1 nne where he lodged 5 though the Condu&ers had no Order from the Lordsy hus tofeparate thofeagainft theLawes of God and the Realme whom or fuch Perfonor Per fins as heefhallmphy tfg S T W 1 S '<**>4 ofhefaid Barton frm plate tOfUte.umtUhe tome t o the faid ,il-° 1n a PP 0wt ™i Efficient Guard at nirkt, Mrte^.^ull and in affordin',»d%l adztfe help, and furtherance JJn allOcUtons w Vf f«le, atjon mtllnlef heCo fi' f, °* whr t ,sr; 4 r T "°joH°rN„ T "' OWr. Prynne , and Mr. Burton 79 b Thomas Jermin. 4 TtttO all CMajors , Sheriffs , JuJlices of Peace , k J[ Bayltjfs,ConftablesHeadburroughes, And alio - lie ther his Cffaiefties Officers , and loving SubieBs It; nhcnfoexer'i ipti The like Warrant of Affiftance was delivered lid to the Condu&ers of Dr. Baftreicke , and c Mr. It P rynne. id Now as if the Decree, and Orders fore-fpeci- fied were not ftrifl: enough, the Arcb-Bifbof out 0,, of his fuper-abuudant Grace , procured the Lord ,(, *Hevpburgh Chancellourof the Dutch) of Lanca- fter , to write a Letter to tMr. Thomas Covell the if, Jay lor of Lancafler Caftle , for the more ftridf imprifonmentof OHr. Burton, when hee fhouid Id there arive, of which this is a true Coppy taken ,, out of the Originall Letter,under the fa id Lords hand and Seale . if it After mj hearty (fommendations. O V nill very fhortly receive a Vrifoner into the Caftle of Lancafter one Mr. Burton ^commit¬ ted thttber by the Sentence of the Starre : chamber, and L am by 6ixc(k\on from the Lords of the Coun¬ cell, to give you notice, and charge,that you take efpeciall care, to fee that the faid Sentence and * 0 . Decree bee * ftri&ly and precifely obferved in prelaw" who all points, touching his Imprifonment,for there have aiibrift- will be a very ftrir. Baftwicke, ________ _ __ + O the unfatiable malice, and under hand Pr7 ftifcs of bloud-thirfty merciiefle P relates ' 0 that any Honourable Lords (hould fo farre difho- nour them felves, and the abufe their Authority thus to become theirvaflals , and the unjuft Exe’ cutioners of their moft malicious defend to the opprefiion ofmeere Innocent and well-deferv- mg men / lclv There werelikewife three fevorall Warrants dire&ed to the Keepers of thofe three Caftles’ Henry l anoB $ TAT?'! St «-ch. m ber , latJdl '%■"° fh ‘ S *■ mem in the Ca/lleof tm t ri ^ n ' ^umobi ZeX ttiZlr' " *F Ctuncell, andthatymkeepebm i„ ft,, f‘jr17 tutor,ting to ibedireBion of the ford Deer C fu’ you take care,bat bebemhdJZdfZ ’*"*‘7 rtng bit/aid Imprifonment tab* 3 ^ tuck or Paper, mr of any olher bfolffl And the Booke of Comma* t> °°* S ° Ut Bi ^ e s Bookes ofdivotion asuau uP er 3 f uc b other they are cosfonant to\he "nix ■ ^ drable for^that England. J ° the DoSr ^ of the Churlh of , . Tho. Coventry. TO t~Mr. Paynne , and Mr . Burcou 8t To the Keeper of the Caftle of Lancafter for the time being. rT^HE like Warrants were dire&ed to the 8 Keepers, andGoalers of Lancejton , and Carnarvan Cattles, concerning Dr, Bajl- wicks , and Mr. Prynnes drift imprifonment there. Lord! what an extremity of Malice, and o- verflawing cruelty, was exercifed towards thefe poore Prifoners after all their miferiesand cor- porall fufferings , thus to make Warrant up¬ on warranty Order upon Order, for their drift clofe Imprisonment! Never were any Arch- Tray tors fo narrowly looked too by the States, as thefe innoxious Perfons were by the Prelates inftigation. Dr. Bajtmcke driving at Lancejlon the firft of Augufi.^ was by force of this Warrant the next day, (hut up clofe Prifoner in the Caftle there, part whereof not longbefore had fallen downe through age, and murchered the Keeper of it, and his Wife in their bed, a little child lying betweene them both, efcaping with-* out harme(*)his Chamber there was fo ruinous, beinginformed that every fraall blaft of wind threatned to (hat- hereof, raid by ter it down upon his head,yet there,or no where muft he be lodged. Mr. Prynne on Saterday the bis Faith , and 5th .aVAaguft commingto Carnarvan , was odww would Munday following delivered over to the under-** ‘ rm Sheriflfe, thereto bi kept clofe Prifoner in the * The manner of conveying T>r. Baftwicke, Goals of that Caftle • a nafty doghole, having no ocher covering but the Heavens , no floore, • but two or three narrow Arches, with a kind of tfault under them, full of duogand excrements; a place overgrowne with weedes on the fide walls, without any Chimney,chamber, or win¬ dow • having onely three or foure darke little holes , in the fides becweene a double wall, where the Felons in the night lye upon beds of ftraw, being unable to continue in it in the day time for Naftinefle. -The unfieneflfeof this place, unmeet to lodge a Dog in, much more a Chrifti- an^ and the want of a place to fhut up the felons, or lodge Mr. Vrynne within that ruinous Caftle, «u-fed theSheriffe to clofe imprifon him in the Qoalers houfe within the Totrnej ill further dire¬ ctions received from the Lords , to whom the in¬ convenience of the Goale was certified. Mr. Bur • ton ariving at Lancafter the 7 th. of chefame^«- was delivered the fame day to the Keeper of the Caftle there$and fhut up clofe Prifoner in the common Goale , in an upper Chamber with¬ out bed or furniture, and foill flored, that his feete and legges might eafily flip through a t eve- r y ,ftep it hee looked not the better to it.Soone after his comming thither there werea company of mtches purpofely imprifonedin the Chamber under him 5 and arankc Papift fet tobring him . |® c< ? be faisc hambcr-fellowi neither hi We, Daughter, nor Maide being once per- e to come neere him j rionot when hee was UVr.Prynne, andcMr.^>\iLXt.on i &c. r ill 9 apd like to die of the wind Ccllickc. 1„ Whiles Mr. Burton, Mr. Vrynne, and Doftor ;• Bafimck were on their way to thefe their defign- K; ed remote Prifons, the Arck-Bifhop procures the | ( King) and Lords fitting in Coun fell at Oat lands, B to make a new Warrant for their more ftrift Im- prifonmentin thofe places* one of which war- ! ti rantsvjbcing all one but in the names of the Par- P ties and Caftles) I (ball here prefent you with, k to (hew the unfatiablenefle of the Arch-Bifheps ip endles malice. ft dJt the Court at 0 ate lands the £ ysth. offuly,\6yj, Prefent the Kings moft excellent Majejly B/fhop of Cant. Lo. V. Wimbletott Lord Cottington. Mr. C°ntroler. Lord D. of Lenox. Lord Mar. Hamms, Mr. V. chamber lane. Mr. Secre.Cooke. Mr. Sec. windebank. Lord Mar. Hammslton 11 Ea. Marshall. if "V 7*“V T Hereas Henry Burton, is by the late (i V V Sentence of the High Court c/Starre- & Chamber to be committed to the (j ode , intheCafle cf ef Lancafter, and there to be kept clofe Prifoner. M The manner of convey ng away Dr* Baftwicke, Thnr Lo dfhips conceiving that the [aid Burton cannot he in a common Coale, kept fo clefe a *Prifo- ner as by the faidfentence is intended-, upon confide- rat ion thereof •, doe hereby will and require the Con- fable, cr other chiefe Officers of the f aid Cafile of Lancafter, and his Deputy or either of them, to fuf- fer ihe Sheri fie of the County of Lancafter , or the Keeper ofthefatd g oale,under himthefame Sherifft for the time being, fill to ufe fuch Roome, or Chamber without th< fameGoald, and within the faid Cafile, as fhallhe mofi fit and convenient, for thefaidSherifie for ihe time being or his (foaler, to keepe the faid *Howft iaiy Burton aclofe Vnfoner there 5 and that none of the doc the rnivcs other Pr 1 finers,cr* a*y other Verfon or Perfons be impufon the permuted to come into the faid Cafile to confer re, or poor 5 'any way to converfe with the faid Burton, fuch onely excepted as are to take care of his fafety, or to attend thefaid Burton to give him daily fufienance and re- hefe. *Andthefaid Burton not to be permitted to have the ufe of any Ten, Inch, or Paper, or of any Hooke or Bookesfaveonely the Bible, the Boofee of Common Prayer, andfuch other Canonical! booki, as he jhall define for his comfort and devotion, and which are confer ant to the Religion profeJJ'ed m the Church of England. In regard of which cloft Im¬ pugnment hisMajefite will give allowance for his det, for all which this Order fhal! bee a fufficient Warrant to,he faid Counfiable, or other ekiefe Of . £ [ r °/j f a fi lc °f Lancafter ,and to his Depu¬ ty , and the g oaler afore fid. Will, BecheR' In Ui tr. Prynne, and Mr, Burton, &e. 85 Inthis Order there feernes one charitable claufe in favour of the Prifoners, that m regard of their clofe inyrif0/twenty his CMajefy mil give allow¬ ance for the 1 dyet, But this Charity was on ly infertedtoblindethe people , and preju¬ dice them. For the Prelates being his Ma je¬ llies Purfe-bearers, and having his Treafury Keyes at their devotion , there was not fo much as one penny given or allowd to any for their diet 5 and had not their Friends and keepers bcene more charitable than the Tre- lates y they might have ftarved many an hun¬ dred times, notwithftanding this pretended Indefinite allowance. Some few weeks after, the omnipotent malici¬ ous Arcb-Vrelatc 3 to adde double affliftion to the affli&ed, and to deprive them of all poffi- bilicyof comfort or reliefe from their wives, children, kindred, or friends, procures an or¬ der for their Exiles and clofe Imprifonment, in the Caftlesof Garnfey, Jerfey , and Sidy 5 a trueCoppy whereof you may here behold. 9/it the (ourt at O'atlandt the efAuguft, 163 7 . Prefent the Kings mofi Excellent Majefiy. Lord Arck-Btfbop of Cant. Ea. of D orfet. Lord Keefer, Ea. of Holland Lord Treat. Lo. V. Wimbledon Lord Duke of Lenox uMr. Controler Lo, Marq. Hamilton• Mr. Sec. Coke Ea. t Marfball Mr. Sec. windebanck, - ^ - - | M 2 Where- 86 The manner of conveying Dr ^Baftwicke* * By whom but the Prelate ? * It is fifty an) Tr elate fhould fet at that Boord to gwefuch ill advife , to his Makftieand bis Tables, *\ T\ THereas by Sentence and Decree of V V the Court of Starre-Chamber, John Baftwicke^ Henry Burton , and VFilliam Prjnne , were committed lately to remaine'clofe Prifo- nersj The laid John Bajitvicke in the Caftle of Lancefion , and Henry Burton in the Caftle of Lancafter , and Wilham Prynne in the Goale or Caftle of Carmrvan : His Majeftie having beene fince* informed, how inconvenient the laid Ca- ftles are for the cuftody and guard ofthofe Prifo- ners 5 did this day order with the * advife of the BoordjThat the faid Baftwicke fhould be rejnoyed to the Caftle or Fort of the Ifles of Sillies 5 Bur¬ ton to the Caftle of the o{ ^uernfey^nad Prynne to one of the two Caftles of the Ifle of Jerfey (which by the Governourof the fapje fhall be thought fitteftj to be there fafely kept clofe Prifoners in their chamber^ and that to prevent the danger of fpreading their SchifmacicaU and fedicious opinions [which was the caufe where- fore the Court of Star-chamber did imprifon them in thefe remote places] none be 'admitted to have conference with them, ©* to have accede unto them } but onely fuch as being faichfull and difereete perfons fhall be appointed by the Go- vernour or Captaines ofthofe Caftles, or their Deputies for attendance upon them, to give them them their dayly fuftenaQCe,and neceflaries, nor , they the faidPrifoners to be allowed the ufe of i any Pen, Paper, orlnke, nor any Bookes, but J onely of the holy Bible, the Booke of Common- s Prayer 5and fuch Bookes which they (hall defire forthepra&ifeandexercifeof private devotion onely. The fane to be alfofuch, asthefaid Go* i(! vernoars,Captaines, or their Deputies knov to ? be confonanc to the Do&rine and Difcipline cftablifhed in thfc Church of England, and for ct which they will be anfwerable to his Majefty, f® that the fame are fuch, aad that no Letters or e® Writingsbe permitted to be brought unco the* 0 btrrid y a»d tts faid Prifoners, nor from-thetn to bcrfentto than bar. * P'rfoo^r placewhacfoeverrasdifchete (hat! be » any fuch brought, that 't he fa me. be opened by Man& wi f Ci& (i the faid Oovernonrs, Gapfaines, orchek DepU- hotfo mmbas u ion ties, and if they containe any thing mat J» confiderable, that the fame be fent to one of his where Yjiii MajeftiesprinOipall Secretaries. And moreover tbarbmbmds jttj that the Wives of the faid Bafticke & Burton [who |jas his Majeftie hathbeene intormed[jbave made nmedid the ^forae at temps, to procure accefie unto their faid r relates here re - ^Husbands, and to convey Letters unto them,and affi* |jjas is conceived wHl beevW■ bvftruments to dif- their ownectm- luuperfe and fcatter abroad thofe dangerous opini- ^ons and defignes which their faid husbands (ball ^‘ame! “ ,j (i; defire to fpread, contrary to the true intent of Thofe whom $ the Sentence and Decree of the faid Court ^ Z therefore they (ball not be permitted to * Land, Me v trmo y ) , a nor abyde in any of the fayd Iflaads; and if con- let No man lf trary hereunto it (liould happen through the in^^".^’ ’ M 3 adver- T 33 The manner of conveying Dr • Baftwicke, advertency ofofficers or other wile ^ that they, or either of them ftiould Land in either of the fail IflandSjThat the fame being difcerned and made knowne to the refpeftive Governors or Cap- taines of the fame, or unto the Deputies of the faid Governors and Captaines refpeaively, they or either of them fo offending, (hould be forth¬ with committed to prifon, there to be detained untill further order from the Boord. And it is further ordered, that thofe perfons, who fhallbe employed, for removing the faid perfons as a- forefaid, either by Sea or Land, doe carry or convey them with all privacy and fecrefy, to prevent all contourfe of people in their paflage, and that they fuffer no perfon whatfoever but themfelves onely, who have the care and charge of conveying them, to fpeake with them in their paflage. Exam* Dudlj Charletoth h :ki lilt tit Bit elf,; it it ol cut itpii otic Dili oil! 1 lti» {JMf. Prynne , and Mr. Burton Thefe "Warrants were inclofed, and fent with particular Letters to the Governours of Gar- nefey,Ierfey, and Sillyftom the Lords s enjoying xnoft ftria execution of thefe Orders. I (hall i trouble you onely with the recitall of one of thefe Letter^the other two according with it infubftance. A fter our hearty commendations»we fend you in - jT\ clofedan Order of this Board, containing his * Maiefiies pleafure and command for the removing of Henry Burron fromtheCafileof Lancaftes unto the Caftle if the lfle o/Guetnefey, thereto he kern Pnfner in fuch fort, as by the faid Order, you mV fee more particularly directed, which ifleandCadle beint under your government and charge • V^e doe hereby vray and require your Lordfhip to take Efpe* cull care your / elfe, and alfo to give Order to your Deputy, and fuch other of his Maiefiies Officers there, whom it may concern, that the [ atd ? r f er bedulyan hunBually put in execution, when the fatd Burton by warrant from this Boordfhall be broug t thither tandfo not doubmg of you* goodaffeSions to this fervts, wherein his Majefties Government,and the Peace and quiet of the Chur ch * Theming a- lonemji beare all the blame af the Prelates ill attmu 9 See bo* this wretched dnk- j relate ingagetb biMa)ejtie 9 and the State in bisame par¬ ticular ftarrell and wrongs and haw cunningly be vents to ml lid) and fets cm hisdeftynt. manner of conveying XV.Baftwicke, and People it fo much concerned, wee bid your Leri- fhip very heartily farewell • From the Court at Oatlands the 37th. of %/iugufi. 1637. Your] Lordihips Loving Friends, Tho. Coventry . Hammelton, Arundle and Surrey, Holland. I, Coke, Fran, Windebanke . And Oftfr.Prynne, and CMr. Burton,<$r. li And here I pray obferve, firft the Prelates injur dice, in banifhing thefe Prifoners contrary- to theirowne Decree in Star-chamber,with out either examining them, or ffiewing caufe why they did it. 2. Their cruelty in (hutting chemupclofc Prifoners in forreigne //lands , and denying che accede of their wives,kinred, and friends unto them in perfon,or by Letter, and in prohibiting them the ufeof Pen, Inke, and Paper, to write for neceflaries^ and yet giving no order for any provifion or allow¬ ing ofdiet topreforve thei^lives} fo that it appeares their cleare intent was, to ftarve them in prifon, in cafe they (hould efcape the dangerous Winter Seas,which in probability might drowne them in the pafiage. 3. Their Machiavilian policy 5 for though their hands appeare in the warrant, and Conncell-Table- Order, yet thev caufe the temporal! Lords ondly tofubferibe the Letter for the execu¬ tion of it, to cad all the edium upon them. This Order thus poafted to the Governors of thefe Ifles; prefently after they procure ari- othcrOrder direfted to theSherieffesfor their tranfporcation to thefe Iflands, in the words enfuiag, * jifi# The manner of conveyng away Dr. Baftwi cke * Alltbifre fates a ft ons A Fier our hearty commendations •' Whereas his * Majefties with the advice of this Boord McsMim hath given order, that Henry Burton mho by Sen- pi ft befatbred tence and Decree of the Court of Star-Chamber, was mbiiMajcfljt i A , t ly committed to nmarne clofe Prifonerin the Ca¬ ftle of L an carter (hall be removed to the C&ftle of the Ifle of Guernefey there to he kept Pnfoner accor¬ ding! o an Order of the 'Boord fent to his Majefties •Ho» dtstbi Cover nour of the faid I fie,we are by his * Majefties i rtiataabaft fp eCia licommand to require and charge you forthwith ttUy tL blame to take effeEluallOrder, that the faid Henry Burton tfibeuillegaii p e tn alldeligence fafely inbarqued in fame convent • upnbm™ ent Pmor tn that Count y tiearefi to the Caftle where now he is pnfoner and thence with the ftrft opor- tunity of winde transported at his CMajefties charge (by fuch faith full and truftj Officers, as you will a *n- fwtrfor) into his CMa)eflies J/le o/Guernefey, and there ffely delivered into the charge and cuftody-if the G overnour or Lievetenant governor of the faid Ijle to be kept clofe ‘Trifontrin the Caftle there, according to the(aid Order, a id to this purpofe wee have herein fent you a Warrant to the Keeper of the Caftle o/Lan- cafter to deliver the faid Burton to jou-or fuch at )ou [ball appoint to receivehim into custody, and doe there¬ by autbonfe and require you topreffe and take up fuch Ship or Barque as yon fhall ftndefitfor thefaid Henry Burtons tranjportatton.paying fuch price for the fame * Tbt m aS rea fw*ble. The * charge oftphofe remove ,bt attbij^c & tr an fport alien fhallfbe allowed unto you uponyour tb«rgt toexitntt accoumpiiTou are to feethat thevejjell thatyou take up Mditemkii orpreffefer thispuiyofebe ready fitted to put to feabe • hyaiifubjcHs. for e-yam ah e the faid Ballon out of the trifon, nbere new c Mr. Prynne, and M /. Bur con, &?c. moxf he remames x cmdto take* effectual l tare and order, < 0 i i)vctr( / u(l that the Tcrfons whom you tmploy for removing of are the vrtLt» '«• the f,'aid Burton as aforefaid, either by Sea or Land, e f tbt f t P arml « doe carry and convey him with allprivacie andfecretly.Jf^l ^ t and without making any unnecejfary flop or ft ay, topre- It i vent all concourfe ofpeople inhtsfaff age, and that they » permit * no perfon what [sever, but themfelves onely (|i: who have the care and charge of conveying him, to « fpeake with hi min htspajfige- & we doe heare will and tm or nobbm k command all ^Majors, Vice-admiralls, Juftices of it Peace,CuJiomers, Controvert, Searchers, Marfbals of^fX n» the Admiralty, Coaftables and other his Ma)e{lies of- tbefe fouriwn- Ci fibers and fubjeBsto be aiding and afftfting untoyouin rpri f t ' :ip the due execution of this our Warrant, and this [hall 10 be a fufficient warrant, both for you and them on this (^ behalfe, and fo wee bid you farewell. i the Court at Hampton Court the 17. of Septemper 1617. Your loving Friends, William Cant. Manchefter. Thomas Coventry. Hammilton. Arundell and Surry, Northumberland. Dorcet. Fra. Cottington. H. Vijne. I, Ci he, Fran.Wi»deba»ke. * 2 Obftrve Fro: ijh ifif 11k m W # itf iM fik 0 The manner of com)eying Dr.Baft wick e, * ! Obfcrve I pray how in the moftof thefe War¬ rants, the Prelates hands are firft, and yet Can¬ terbury in his Oration in Star-chamber, and his Epiftles Dedicatory prefixed to his Anfwcr to J*ffrer,iikea notorious hypocrite, defires GeA tofirgivethem^a^ fbrbearcs to cenfurethem, asifhe bore no malice towards them, when as all their troubles ftreamed principally frS his enmity. Befides this, there was another War¬ rant of the fame date, direfted to the feverall Keepers of all thefe Cafties, to deliver thefe three Prifoners over to the high Shcriefes of the Counties, who were to tranfport them to the three Iflands, the tenor whereof ca- fucth. . / To the Keeper of the. Cattle of Lane after , for the time being 1 fe i * hi * ^^cfiiespleafure, that you forthwith de- XdeHvtr the per/on of Henry Burton formerly by fentence of the Court of Star chamber , ordered to be k S Tl e L Pn [ mer i n the W le ofLancafter, *mo the High M'rfffeofthc County, s/Uncafter, /* fuck Yerfomas be fhall appoint, to receive and take the [aid Burton tmo Cufiody, for- mb this jhall be your warrant Otfr.Pry tine, and warranty 'Dated, m the C ourt at Hampton Court the 17th. of September 1637, fit tfo 11 Si tiin te: Nl ft' *1 tit tki William Cam* The, C tv entry, Cuil. Londtn. Manshift nr. Hammilten, jir unde Hand Surry," Northumberland, Dorfet. fran.CottingtcK, Henry Vant. /. Cooke* franJWmdtbankey — The manner of conveying T)f. Baft wi eke, To the Keeper or Vnier-keeper of the faid Cafl/e of Lancaster. V Pon receipt of thefeOrders and warrants the high Shriefe of Corn wall caufe Doflor Bajlmcke to be fuddenly removed, without any warning,from Lance(lon to c Plimouth upon theio, day of OStober , 1637. where being irabarkedina fmail veflellfinto which his wife was not permit¬ ted to euter,to cake her farwell of him)he landed at the Iflands oi Syllyes the 16th. of the fame OBi- her, where many thoufands of Robin T^Jbrdi (none of which birds were ever feene in thole Iflands before or fmce)nevvly arived at theCaftle there the evening before, welcommed him with their melody,and wit hin one day or two after tooke their flight from th ence, no man knowes whither. The Doftor upon his arrivall was im- mediatly delivered over toCapcaine Raffcts ofS- ces, and bv them (hut op dofe Prifoner in the V amc there under ^ree or foure lockes and do°res, no man being permitted to fee or fpeakc Wltn nim. Mafter Burton n n thn Cr n. „cAa,u Guernfy juft caufeto i* to preach, kfpcdl fome pfthe ciergiecfthis City, as either openly fuebunjuft' orprivatelyapprovineor encouraging the like fcifme or Orders a? jin difeharge of his ('♦duty;hath thought good in Chefter/tfr vifiring M.P ry n h b . 95 'til: 4 idM: din ook :lc6c Kofs '# 3 KBS pdl i inn ncfi£ flP* 10 dik; 0 his trienniall vifitation, to order,and dothhcreby order and decree, that every * Le&urcr in anyParilh Church of Quo jure, this City, before every his lecture or lermon.fliall hence prefaibe you forth in his furpleffe read prayers, diiHnaiy, reverently.^, and fully, according as it is preferred m the book of Common prayer, and fhaU not preach but m his * fur-*Chrift and plefte:& that as well all fuch ledums as all other perfonsJPjfl 1 ** Vicars and other Preachers, ihaU in their next ledures P ^ . and fermons, after timely notice had of thisorder, make publike expreflion of their heartie deteftation of the of¬ fences for which the faid Offenders were cenfured, as tending notorioufly to fcifme and sedition,and the breach of the unity of this Church; andieftedually e^diott people to obedience and to the avoidance of the like fcifme: all which his Lordfhip doth require of them upon their * cnaonicall obediencc,and upon paine of fufpention * We fee her6 oftheparties offending, or fubterfuging, as alfoupon w hatcano- paine of fuppreffing that ledure, if any ledurer thallre- nicallobe- fufe the fame,or be found deficient therein. Like wife itdicnce*. . is hereby ordered by the laid LordBifhop,that no l tr anger of any other dioces fball bee permitted to preach in any Church of this City, without fpecialLhccnce of die Lord Bifliop of this dioces, or in his abfence, of nis Chancel- louror his furrogates: of all which the Church-wardens of ever y Pariflt are likewile ordered to take fpeciali- no¬ tice, and to make prefentment ofany breach of thele or¬ ders forth with unto his Lordfhip or his Chancellour, as they will anfwerc it at their perrills. And to the end, that none may excufe themfelves for want of notice of them sit is likewife ordered by the faid Lord Bifhop,that the fame bee published on Sunday next in the afternoons, in the time of divine fervisby the Miniftcr, in every Church of the faid City. Dated then, of » 6 j 7 * if-' lOHN ClST^ISN. (opia.vttt ■ The proceedings againfithofeof This Epifcopall, pious and charitable Order, was imraediatly publifhedin all the Churches in Chefier the next Lords day, and thereupon lome * Minifters there (and in other places^ who then* fyuylw, needed no fpurs to fo devout a worke,)openIy and sqture t iiSr bynamcrayled fundry times in their Sermonsa- elfcwhere. gainft Mr. Prynne, Mr Burton and Dr. Bafimick, and the vificors of Mr. Prynne i calling them Schifi mats ekes , Rebels ^Tr ay tours,faiitests and [editions Per fens, veorfe then any Priefts or lefnites , Rogues , Rafiatls , witches , and comparing them to Cord, Dathan and Abiram j ftretching their wits upon the tenterhookes to out-vie one another in ray. ling againft them, to indeare themfelves in the Prelates favours, and to make their libellous PafquilsaStirrop tomount up to preferment, as * * fotneof 1 them were not aihamed to confefle. Xr/ S r °" After this,the Bifhop and his Chanccllour fen¬ ding for Calvin Bruen, with others of Chefier, and getting all the names of thofe who vifited Mr. Prynne there, fent a Catalogue of them to the ■High Commiffioners at 7 orke, by Canterburies diredion 5 who forthwith fent out their Purfe- vants with warrants to apprehend, and bring them up to Torke-, which thePurfevants did ac¬ cordingly, carrying them away in the beginning of their greateft faire,to fpite and prejudice them the more.The Purfevantstooke foure pound a man ofevery one ofthern for their fees$whcnthey came therein oath Ex officio , Articles upon Articlesare adminiftred to them, concerning their vifiting 0 ^ Chcfter/w- vlfiting Mr. P r y n h e. Mr. Prynne at Chefier s which they confefling,they s were for this folc offence, without any examina* tionof witneffi*,fined,To ne 500.fome300. fame 250 l.itnprifoncd, and forced to enter Bond in 3oo.l.apcecc,to(hndtothe further order of the t Court, and to make fuch a publike acknoyvledg. mentofthis great crime, both in the Cathedral! li Church at Cheflerbi fore the Congregation there, i and likevvile in the Towne Hall before the Miior, If Aldermen and Citizens, as the Commillioners 6 Ihould pre/cribe them. it Hereupon an acknowledgement was drawne iii up, and the P urfevant fent downe to Cheftcr to fee it made; fome of the parties, as Mr. Lce> and 1 M- • G olbourntjf. fufed to make this wicked acknow- (r ledgment, whereupon their Bonds were eflrea. I, ted into the Exchequer as forfeited; Others g throughtheBifhop ot Chesters threats,and per- t fwafions of the lawfulnefle of it, condescended to l( j make it 5 two of them changing oneiy but one 1 wordofit, which they could not approve, fay- j mgtveakely lot wickedly, were enforced to make j) a new acknowledgement in the Church, or elfc IIj the former would not be accepted by the Bifhop j; and Commiffioncrs. Whenthefirft ofthefe ac- ■ knowledgements was made in the CathedraJl by J' one Mr. Inch , and another,one Cor dwell the Bi, flropsChaplaine preached a moll inve&ivc Scr- mon againft lAt.Prynne^t. Barton fit.Baft wtekt ’’ andthec^efifrr men, comparing them to Corah, £ JHathan, and A k tram, and their conflicts ? which 1 ■. - Sermoa. 9 % 'i . '^he proceeding againft thoje of Sermon was Tent up to Canterbury by CordrnU, ■who expetfed fome great preferment for it, and folicitcd the Archbifhop to have it printed. The next Sunday afte r, another Sermon on a text cho- fen for this occafion, was preached by Dr. Snell at the acknowledgement of Calvin Bmen, who ufed like invedives, though with more modera¬ tion. The Copy of thefc acknowledgements, wichthe certificate of their performance under the Bi/hops and Maiors hands of chefter, I Ihall for the digni- tie and rarity thereof, prefent unto your afped, beingfuchasnoagecan fampler. A true Copie of the acknowledgement of Calvin Bruen, in the Cathedrall Church of Che fieri, and the Common Hall there¬ of,as followeth. A Declaration or Acknowledgement appointed by his ^Maje/lies Contmifsioners for cm* fes Ecelcfiajticall wit bin the Diocejfe and Province of Terke, to be done and performed by Calvin Bruen of the Citie of Cbefter, and Province ef Torke. ’• ''•■•■'li He is to be prefent in the Cathedrall Church ef Chefter afirefaid, at morning prayer on Sunday next camming, being the i o. of Dec ember infant (being in his accuftomed Apparrell) where and when imme- • :r ' : • • —- - - fatly 99 Chefter for vifiting Mr. P r Y N N E. dully before the beginning of the Sermon, he JIutt (land beforefome feat e or ffoole before the Pulpit^ and fay and recite after the Minifier as followeth . * Th;j ^ - Whereas 1 have beene of late convent ed before his nyed upon * CMaje sites Commifsioners fbrcaufes Ecclefafiica/l olt M°r hec forthe Disceffe and Province of TCorke , for that I iy” a fu”iy" c ’ countenanced^andcomforted, and abetted one Wil- androdcim» Jiam Prynn z heretofore twice cenfured in his Maje. f^ehim bC t flies Court of Starchamber, for pub tiffing fedici- ttathSm- ous and fcandalous Bookcs and Li beds ; namely § od! y Com = that 1 * wait ed upon him to bring him into this City , ^ jfyncd him and attended upon him at his going from the Citic toacknowc by all which my carriage and mifdemeanour s>l have audiicioujly and wickedly (as much as in me did lye} his oath and countenanced the fay d Prynne, and offered an affront ^Tkofe'fhac to his Maje fiie and the S tatejn their juH proceedings viGtedS%Jl/ again ft him j and thereby alfo have brought a fcan» '»hisjour=> dall and reproach upon this Citie ; for all which my fonmowai* offences upon my perfonadanfwers made to the Arts- Remind, des in that behalfe objected against me , I si and le- went forthto gaily andjuftly convicted and cenfuredby his Ctia fxfw Apply jeftiesfaid Commifsioners,andam by them enjo,ned Forum >acit to make this Declaration and Acknowledgment for hadnofuch the fame: 1 doe here in theprefence of God and this acknowledge Congregation , * confcffc my fay d offences , andde ZT^mby dare my hearty for row for the fame , and doe as ke Nero: Nor forgiveneffe of God , the Church , the . Kings Maje. y^ 0 fliall fay; Comcye bleffed of my father^c, I rods inprifon and yee vifited me, Mdtth,i + 3 6 * Which Text thefeancharitable High Commiffioners and Prelate# had for. & 0 ?* Cn > an dfo{hall receive the doome o f,Goe yeecur/cd into everhfi&g fire prep*- rcfljor the divell and hh Angels) for l rods in prifon and yee vifited me not 3 Matt1fr> they repent not. O* flic 100 The proceedings againjl tho(e of Tf^dthe State, as alfo of the Me Government both EcclefiafrcaH and temporal? oftbu place,againfp nil whom I have fo grievoujly offended: and intoken this my confif ion for the prejent is hearty, and that 1 may obtaine grace hereafter to per forme what I nor, promiff and find mercy for what is pafl , 1 deffe you all tofay with me the Lords prayer. Our Father, And he is injoyned by the author itie aforefaid, to per forme the like acknowledgement in the Common. Hall of the Citie ofC heller before the Maior Alder, men ^and other officers and Citizens of the fame Cl tie Jit a publike meeting or AJfembly , by them the faid CMaior and Aldermen to be appointed^ And lastly ofthe due performance hereof he is ft brim a certificate to his Majesties faid Commifsto . ners,attbe Manner houfe ofthe mojl reverend fa. ther in God the Lord Archhijhop ofY orke bt?ff ra ff fituateat Bifliop-thrope neare the Citie of Yorke, upon Thurfday next after the feaft of St. Hilary the Bifbepjext comming, hetweene the hours ofone and three ofthe clocke in the afternoone the fame nay, together with tbefe prefents , Rich. Ebor. Geo. Stanhope, W. lafdaU, Ph. Hudfon. Ioht Menfhem? Concordat e»t»r LvpVdRj deerm curt* y Thi Chefter forvifiting Mr. Prynhb, 101 The Bifhop of Cbejlen Cerdficat of the per« formance of this acknowledgement. T His Order of pennance was accordingly per¬ formed by Calvin Bruen in the Cathedrall Cnurchof Chefter, whofpakeic Verbatim aloud * How doe alter the Preacher Dr. Snell, Archdeacon of l ’ nlitct * nd Cbetter, upon Sunday the ry.day of December, wreftthc 0 '*"' 1657. A Text being 4 feleded for this occafion, Scripture?, Matth. 18.17. whereupon he tookeoccafion, both “jj^Sf to flew the fouleneffe of thofe[editions per fans ejfen • ceed ngs ?, ces, And the great mercy ofthe King inflaring their * lives, as alfo the danger which tbefe countenancers in c h e l 1wj and offenders had rmneinto, being by the * Law lid -« being no ble to the like punifbmentsfff mercy had not conven- fenc^byLaw ted them before the Charch, but before the Tempo- or Gofpel, rail Judges at the Kings Bench j the penitent Bruen ^£ 1 ”" himfelfe * acknowledged now as much. charitable _ ” A&tovific Coram fo. £ejlrien. T His declaration and order of Penn ante herein {?nftodoit' mentioned,wasperformedb)the within named mt ° 0lt " w Calvin Bruen before us the CMaicr,Recorder, Al * The Par- dermen and Common counfell, with divers Citizens n*^*"*^* of the [aid Citie, at an Affembly andgenerall mee- him good ting bf us appointed in the Common Hall upon Tufe > day the 12 .day ofthis instant December, 16yj. lwnlu lCC * Tho.Throppe Maior. Edward Wbitby. Charles Wally,' Tho. Smith. William Gamull. WiI.Edwards. Richard Litler , Clerks of the peace of the City ofCbeJler. 0*2 Theft * 5 ^ The proceedings Againfl tbofe of Thefe proceedings againfi the Chcfterv&z n for vifiting Mr. Pry me were fo fierce and formida¬ ble, (the P urfevants ranfacking and breaking up their houfes,) that two of their wives with the very fright mifearied of their children, and never enjoyed their health fince 5 others of them were forced to fly the country, their friends and kind- rednotdaripgto harbour them: others of them were quite ruined in their eftates and trades*o. ihers inforced to purchafe their peace of the Arch- • Two Buts bifhop by bribes * to him and his fervants, and ^^3 Wh,c1 ’great fummes of money were payd and fecured pound the for compofition for thele fines 5 yea their malice | fprhi’sftare w ? s 8 reat » ^ at they perfecuted fome in the 1S XQ ' High Commfflion, who never fa w Mr. Pry me s face under pretext they had vifited him^and the Hoftin whofecomraon Innehe there lodged, for enter* tay ning him in his houfe as a gueft, paying for all , he there expended. Such wa-sthe tyranny, fuch > As appears the injuftice of thefe holy Prelates and Com- moftSici- ra ‘^ oncrs » who ever moved as the Primum mo. ous and mif- bile of Canterbury, flea red their courfe, and the tcrs'imderhis^ ?^°P °f dbefier gavethem information, from feand & feaie this Delphian Oracle. to Ac Arch. But fhall Mr. Pry me fcape fcotfree, whiles his %e^ g Lft friends c thus . f uffer for his fake.? No I warrant tSje chefitf.. you: The High Commiffioncrs in their cenfures SSL of r hl! vifiters^vomited out their Gallagainft him who filtered in iatyricall wvettives ; and Dr. Wickam, Deane i S c bv n hi, his ** rork J> driving to exceede, his Colleagues in eloquence** did at their cenfure in open Cows Chefter for vifeting M. P r y n n e. i°$ i: ufethefe wordsofhim. I See the impudence of Prynne , that walkes in the it flreets of Chefter to buy Hangings for his Chamber^ 1: whereas he j])ould have covered his face wiehthe Le- mi per,and cryed ) l am unclean *, 1 am uncle ane* He de. il frvedto have losiJAs neckefor his * Perpetuity: a nd^^ oc ^^f It had he not had a gracious Ptince^ his hangings had the Armini. ’§ heeneprovided at London. But to leave that tl, creant, fori know not what to call him , cfr. And p ie ffeby Dr. I thcfe Commiflioners hearing that there were Pi- Featijr. duresof Mr. Prynnes portraiture in CheBer^ per- B fecutedthe poore Painter (whom they oft exa* i mined upon oath ) for drawing them, and then j made two Orders in Court, firft to deface, and ii, i then to burne them publikely at the CfofTein Che - | Ber. The Copies of which Orders and of the , Chancellour of CheBers Letters in anfwer to | them, exprefling the manner how they were ex- ,1 ecuted, I fhall here annex, & „ The High Commiffioners Warrant to DfC ii Mairitoarino for defacing the Pi61 ures of is William Pry me , which D^.had feifed on the Pi&urcs beforethis Order. j. I 7T 7Hereas it was credibly informed onto us & other / V V our Colleagues his Majeftics Commiflioncrs for °hi£ 0 °^ or ^S to us and others dir eft ed (as aforefaid,) to will r&oa?” '* and require you,that upon reccitc hereof, youfpoylcand deface, or elfe caufc to be fpoyled or defaced the afore* faid Pictures; the which being done you deliver or caufetobc delivered to Thomas Tnlford of the Citieof Cbcfter Limiuer,or to his ufe, the frames of the faid Pi¬ ctures, and this fhall be your fufficient warrant and dif- charge in that behalfeigivcn under our hands the io. day of November,D om. 163 j. Rich. Ebor. G. Stanhope. tV. EaJdaU. To the right worjhipfull Edmund Mainwaring BoHor of Lams , Vicar Generally and otficid principally the reverend Father in God, John Lord Bijhop 0/ Chefter. What this Dr. did upon this Warrant, his letter to the Archbifhop of Torke, under his o wnc hand and fcalc will informe you. To the moft reverend Father in (joi His fingulargood hord,the Lord udrchbijhp +There was ofYorke his * Grace,Primate of England and littleg«ce Metropolitan, and one ofhisMajcfties moil Honorable Privy Councell. in thefe pro* seeding*. Moft Reverend my humble duty ptefented. r Ay itpleafe your Grate to be advertifed, that ufM tht lattnetite of your co&mnds, / csttfed the - ~ iifhro Pictures of the portrature of William Prynnc (being fvein number)to be defacedbtfore my Lord*ofQ\yc- * A cheefe h fter, and in the prefwe of a pub like not me • ftnce JJ l,]n which time my Lord ofC hcftcr hath received inti- one able to I; mat ion, that it is your graces pleafure that the faid r . endet S°° d ! ‘ : Figures Jhould be publikely burned . / am * ferry thl^glod that my z,eale and duty to obediences hath anticipa. Service. J: ted your late refolutions ; But 1 have the Frames {till in my custody ,and{ball (in all humbleness of duty) (hould Have t be mo (l ready to dijpofe oft hem as IJhall be comm an. ded. Thus hoping of your Graces favourable cenfure 3 ° ° rr ° W ' 5 ^ 7 humbly take my leave andfiallrejl, ft Chefter the i j. Your Graces in all duty to» lilF ^iSNovem.\6^y, be commanded if Si, W.Ma I NVVA RIN 0? |U ThcfcHigh Commilfioners not fatisfied with the defacing of thefc Pt&ures, would needs pro- ceede to burne them for Heretic!ces$and fincethey / could not burne Mr. Prynne in perfon, as they de- ! fired, being then on the Sea fayling towards ltr- i ft: they would doe it at leaft by Effigic, and to is (new the extravagancy of their unlimited malice, e not onely the P i£ures,but the very Frames where¬ in they flood (pooreinnocents) muft to the fire, for which they iflue forth this Order, Thepracceding again ft thofe of The Warrant for burning Mr. Pry nits ‘'PiBares. W Hereas we or others our Colleagues his Ma/c- flics CommijTtoners for caufes Ecclcfiafticall, there was within the Dioeeff: and Province of Torke (by our Or- naueh couu- j cr or decree interpofed in that behalfe) and by our War- eft' ft this t0 rant thereupon to you dire&eJ, did order and appoint table exploit". tbat whereas there were certaine Pklurcs of the Portrai- I dare fay ’ ture of William Prjmt: remaining in your cuftody, that CamerUtw the fame Pictures lhould be defaced,and the frames there- of delivered to Thomas Pul ford Painter, who drew the wkhallere ^Pi&ures, orco his ufe: we notwithftanding upon this was de- more * mature consideration, have againe ordered and creed. decreed, that the aforefaid Pictures be not onely fpoyled * You may and defaced, but the frames thereof burnt in fome pub- be aflumed like place,or ftreetc within the Citic of Cbefter, by you to bis Mark fties a PP°mted. Thefe are therefore in the Kings * Maje- nameand flies name, and by vertue of his HighnelTe Com million, authority, for caufes Ecclefiafticall within the Province of Torke , to * } doubtit us and others directed as aforefaid,to will and require you wllfcarfe be forthwith upon receite hereof, to burne or caufetobce free'the Dr burnt all the fa id frames in the laid ftreets of Cbefter, or framdama." fodi places as you (hall thinke fit; and this fhall be your geSjwhen *fnfficient Warrant and difeharge in that behalfe; Given fued by Mr.’ under our hands the fourth day of Decern. An.Dom.l6n> frymie. Rich.Ebor. To the Right Worfhipfull Edmund ph. Hod/on.' Mainwaring D oft or of Lames , Geo. Stanhoppt. Cbaneellonrto the Right Reve- H. Wickham, rend Father in, Qod % lohn Lard w. Eafdall. Rijhop 0/Chcftcr. Concordat cum~V x - ..'3 decreto curia Si - - -*• Chefterfor vifiting Mr. P R y N N H . What execution was done upon this Warrant, thisChancelloursletter, byway of certificate to the Prelate of Torke y m\[ beft informe. o the moft Reverend Father in God the Lord Ankbifhcp of Torke his (/race- Primate of England and Metropolitan^ nd * one of his Majefties moft Honorable Privy Councell,and the reft of his Ma¬ jefties CommiiTroners for caufes Ecdefiafticail at'Torke; Moft Reverend, * HTHtfe are in all humbienefe to certifieyour Grace, and the re ft °f bis Majefties Commijfioners, for caufes Scclefta- * Purfevane f fiHaU within the Province of Yorke, that upon Tuefday t ° thehi § h I iaftMng the 12. day of this inftant December, I delivered «t™?' fhon S the jive frames,containing of late the Tortraiturs */Prynnc5 * Thei 4 fc- t Pi'iures to * Mr, Blanc herd, who catifed the fame to bee vaat Handing 1 pub likely burnt at the High Crojfe in Chefter, in the prefence 1 ^' in llis f of the Maior, Aldermen and other Citizens, and Terfons,to 9 oato {. J * the mmber e f* 1 °®°* su was conceived, according to the themav *; Tenour of your late Warrant ; which was performed with the thus in the |;‘ pisblike acclamation of the people, crying out, Burne them,'Kings name,’ ;t burne them : Thereby attefting the hatred of Prynncs per- antl «xnmait. •i f on > his proceedings : I» teftimony whereof I have here-tf^* untofubferibedmy name,the 13. day of December thispre- Aldermencai lent vetLYC nr nur T.nvA T/Ji t > ^ bepiefent at this Boa; Your Graces humble fervant. Ed. Msmmringl l The proceedings againjl thefe of - - Tc^mhcre omit one memorable A& of this BiihopofC^r, fo zealous againft Mr. Prynnt and his Chtfier Friends that vifited him. One U'^HautonoiGrmfor in Lancafhire a Popilh re- cufant,hearing of Dr. Baftmcks, M> .Burtons and Mr P/7#»«fufferings(with which the Roman Ca. tholikes were overjoyed) having three Cats, fet them on a kind of Pillory, where Hie cut of all theireares, and feared oneofthemin thecheekes, and then called them by the names o {Baftvtck Burton and Pry»ne ) to the great offence of many. One Mr. Fogge a grave M inifter neare, certified this Prelate of it being within his Diocefle, defi. ring him twice or thrice to take fome order lor the queftioningand puniflring this audacious Re* cufant for this ftrange fad, which tended to the dcrifion of juftice, and the difgrace of thofe of our Religion : But he, good Prelate, inftead of queftioning the delinquents,checkes the informer fora bufie fellow, and in liew of reformation falls to imitation of this Papift, hee and hisfer- vantsordinary calling a crop-eared Horfe of his by the name of Prynnc. I feare this Horfe had more charitiethen his Lord and Mafter thcBi- fhop, andthatif hebe yet alive, his very name » »Pet. t,is«ifhe want a voyce,will be lufficient * to rebuke the maliceand madnejfe of this Balaam, covetous and falfe Prophet , whodurft, bywayoffcorne,chri* ftenanirrationallBeaft, with the name of a bet¬ ter Chriftianthan himfelfe, and curft whom Gcdhath hlejfed (yea honored r thofe Saints in defpiteof all. Chefter for vtfiring Mr. Psynn e. all the Prelats tyranny, calumnies, oppofitions Num andafpcrlionsj which * Balaam bimfilferefttfedto ijlXi* doe. if.i 6 . The meanes and manner of Mr. < Burtom > Mr Wynnes and Dr Sa/lwich, renames from exile. » , Y Ou havefeene already the manner and time of Dr. BaftwcksJAr. Burtons ,and M r .Prynncs baniflimentsand clofe imprifonments in three re¬ mote Ijles and Caftles , and how two of their wives,and all their kindred and friends were de¬ barred acccfle unto them by the Lords Orders. Miftris Baft wick and Miftris Burton like two folita- ry Widdowes thus forcibly divorfed from the Company of their deare husbands, oft petitioned bothtohisMajeftieand the Lords,for liberty to vifit them, or to refide in the Ifles where they werelhut up ('like dead men in their fepulchres) underLockes, Bolts, Keyes and Guards,or if this might not be granted $ that they might have lo much favour, as to be ftiut up clofe Prifoners with them. But the Arch-Prelate of Canterbury,out of thetranfccndency of his malicious power,dealt foboth with his Majeftie and the Lord?, that their P etitions were ftill rcjc&ed with a negative an- fvver: and fearing lcaft the Q*fc»es Majeftie(out P* 2 of no The manner of Mr.Burtofls,Mr.Prynnes, " oFatcndercommiferation of thofe of her ownc Sex, thus wrongfully feperated from their owne Yoke fellowes, withourany default of theirsJl might be moved to interceed to the King in their behalfe, for accede to their folitary exiled huf- bands; heefofarre prevailed with her Higlmtfe, (if I be not misinformed/as to procure a-promife from (if not a command to) her Majeftie, not once to move the King for any of thefe twopri* foners or their wives, or for Mr. Prynne, nor to intermeddle in their bufinefle. And whereas his way of explanation of the Lords Or- dcrofthe27. of made at Ottlands , up* on the motion of Sir Thomas lermin in Mr. Prynnts behalfe, was pleafedto fignific, that Mr. Ikionsman 3 " p ryme ^* ou ^ have liberty togoe to Church, and in his Epiftie receive the Sacrament within the Caftle of Mount* before hiTtl . or & uet h and towalkewith his Keeper privately iationofhis*m the walkes or Gardens there, and that hee with Fitter rea< ^f uc h bookes as were allowed. The publifted^’ drebaifiej) hearing of this explanation, was fo*en- about this raged, that he fent a meflenger for one Mr. Hun* bkarethc S er f or A who was imployed in. procuring it, to wotidjwrite^appeare before the Lords at oatUnds . charging bly t befeetteT^ m to * ,avc ^8^ this explanation.,oncly becaufe God to for- the King had not firft acquainted him therewith fbrubifrer ^ e ^ ore ^ was gvaated: where appearing,the Arch¬ ie** whom Bifhop tooke him up ffiarpely 5 for forging this he;then explanation; but he affirming; that the Gover* kdandufed nour (Sir Thomas lermyn) hath procured it, and with aii bit. that he had it under his hand in writins, and the w rncfl£, ' ■ garle* > J - - - - . -.- WDr.Baftwicks returneefrom exile, i n Earle of Dorftt attefting as much*, he was orde- r red to fhew the originall explanation to Sir Dudley Carlton under the governours hand, which hec I: did, and fo the Prelate (unable to rcvc-rfe [r) was It forced to letit pafie againft his good will. » ItpleafedGod,notlong after this, beyond the he Prelates expeftation, to bring a Parliament toge- {• ther 5 to which thefe Prifbners wives 'and friends i intended to fue, for their reliefe and enlargement. ii But that Parliament proving abortive,and break- a: ing up fuddcnly in difeontent by the Prelates ma¬ ds chinations, before any Petitions preferred on their hehalfe, theyftill remained hopelefteof all il humain deliverance. But the great Moderator of uj the Vniverfe miraculoufly turning all thefe Prelats I pernicious defignes againft our State and Church kJ, upon themfelves, and fettering them in the fnares 11<; they had laid to intrap others, contrary to their u elevated hopes and thoughts, unexpectedly caur j fedand fummoned thiafecond Parliamentjtothe ' t j ineffable happiaefle both of the prefent and future ages: which no fooner aflembled together, but Mrftris Basiwiek .Miftris Burton^nd a friend of Mr. " Trynnes i exhibited feverall petitions tothehoufe ; of Commons* that they might be all fent for out of hand to profecute their grievances and: com- j plaints before them, againft their unjuft cenfuresj which petitions were very cordially received and ?’ readily granted*by the Commons houfc, andfe- verall Orders made upon them for the reducing '< $f thefe glofe imprifoned Exiles, from their long ." p * 3 77: 112 The meanes and manner of Mr.BurtOns, vitie. The Coppy of one of thefe Orders, foU lowcth in thefe terrnei. The Houfc of Commons Order, and Mr* Speakers Warrant thereon.. I T is Ordered this day by the Commons Houfe of Parliament ^ that a Warrant jhall iffue forth un¬ der c Mr . Speakers hand , directed to the Governow or Captaine of Caftle Cornet in the I fie o/G arnfey, or any others whom it may concerns . Thereby requi¬ ring and charging them and every ofthem forthwith tofend up to the faid Houfe of Commons in fafe cuflo- dy> Mr. Henry Burton now clofe prifonerjn the fad Caftle Cornet in the faid Ijle of Game fey , that he may before them profecute his complaints , according to a Petition this day delivered to this houfe by Miftris Sara Burton his wife. And withall to require then whom it may Concerne , to certifie to the houfe, by what Warrant and author itie he is there detejned clofe prif oner. \^And hereof you are not to failt as you will anfwer the contrary. i^And for your fodo- ingthisfh all be your Warrant. Dated this prefent 7. day 0/November. Anno Regis Caroli decimofexto, Annoq$ Dom. 1 540. William Lenthall Speaker. To the Gavernour,Captaine, Lieutenant and Keeper of ffaftle Cornet in the Ifleof Gurnefej,or any others in who/e fujledy the above named Mr. Henry Burtpnw^Arj' Mr.P rynncs and Dr.Baft wicks returne from exile. This Warrant arrived at Game fey Caftle the ijT day of rhe fame November, beingthevery day of theMoneth that Mr. Burton firft landed there as a priibner, and on the 17. day of this moneth,Mr. Prynne ('who arrived at lerfry the 17. of January 1637 ) received the tidings of a Jike warrant at UMountorgucil Caftle there, for his inlargemenc and returne thence: who departing by boatefrom thence on the 1 p-. day of the fame November ear¬ ly in the morning, met with Mr. Burton at Gernt* fry> and dined with him there the fame day: whence both of them the 21. of fame moneth,fet- ting faile together in one Barke (f ormerly hired at H amp' on by their friends who brought the War¬ rants,/ the next day (being the Lords day ) about nine of the clocke at night they both fafely landed at Dartmouth in Devonfoire, the wind not ferving to carry them to Southampton-, from whence they departing on Horfebacke rhe next day towards London , fafely arrived there on Saturday follow¬ ing (beingthe 2^ .of November fro the great joy ofallgood people. In their paffage to London, di¬ vers of their friends (at Dartmouth , Exeter, Lime , Dorchefier,Salisbury , Andover , Bafing , andel/e- wherej vifited,and accompanied them on Hor/e- backcfome part of their way. Aboutthree miles beyond Eggham$A\dn$ #«m»,withabouta hun¬ dred and fiftie more of their friendsfrom London , met them, fome in Coaches, fome on horfeback, and fupped with them at Eggham , where they lodgedthe Friday night.The next morning early, mulch- - 113 The wanner of Mr,Burtous,Mr.Prynnes, multitudes of their Friends from London and elfe- where,met them at Staves , and came flocking in- to them afrefli every foote,tilI they cameto Brain. Jw,where they dined .all the way from Stancno Brainford was very full of people which came to meete and welcome them into England, fome id Coaches, others on Horfebacke, others on foote. A her dinner they tooke Horfe for London, ri¬ ding both together* but the way betweene Brain- ford and London, though broad, was Co full of Coaches,Horfes,andpeopleto congratulate their returne, that they were forced to make ftoppes, andcould,not ride fcarce one mile an houre, fo that it was almolt night ere they came to Charing Croffe , where they encountred fuch a world of people in the ftreets, that they could hardly pafle them,theCitieMarfhall when they came into the old Baily , being forced to make way for them with his horfe Troope:the croud of people was fo great that they were neare three houres in palling from Charing Croffe to their lodgings in the Gitie, having Torches caryed to light them, when it grew darke. The people werefo extraordinarily joy full oftheir returne, that they rang the Bells in moft places they pafled,for joy j ran to filiate and fhakethem by the hands,crying out with one Vnanimous fhout. Welcome home , weleomthomt , Codbleffeyou, Cod bleffe you j God bee thanked for your returne , and the like) yea, they ftrewedthe wayes where they rode with hearbs and flowers# ■ an d tunning to their Gardens, brought Rofetntrj _ _ . ^ andDr. Baftwicks ret nr ne from exile. and Bayes thence, wnich they gave to them and the company that rode with them into London t who were eftimatedto beabontaioo. Coaches ('many of them having fix horfes a pcece, land at leaft 2ooo.Horfe,thofe on foote being innumera¬ ble. The day they came from EggamimoLen. don, thefunnearofe moil glorioufly upon them foone after they came out of their Tone, without any cloud, (which they both ob/ervedj and fo continued fhining all the day, without inrerpo. fition of any obftacle to ecclipfe its Rayes, foas ® Heaven and Earth confpired together to finiJe up. on them, and to congratulate their fafe returnes from their Bonds and Exiles. On Munday mor* » ning following, ('being the 30. of November) I they were both prefented by their Keepers who * came with them, to the Commons houfe, into r which they were called, Mr. Prjnne firft, and thenMr.2?wt0# j wherethey had liberty granted i[i to frame new Petitions in their owne names ac- it( cording to their owne liking, and to prefent them t t0 the houfe as foone as they could prepare them, ft Wiu Prjnne on the third of December prefented s! his Petition in the Commons houfe, which was si read, and hee called in to avow it. And thera. ,13 upon the fame day a fpeciall Committee confi. i! fling of do. members of the Houfe, were orde- ,1 j red to heare Mr. Prjnnes Petition and Mr. Bur. f l°" s (preferred two dayes after; together with Mr .Prjnnes Mans and the Chefier mens Petitions, (t were, cenfured in the High Cotnmiflion at ^ - ^ The proceedings againfi thofe of ainft |£ them,botKTn the Star-chamber and High Com- miffion,to bee contrary to the Ltwes and liberty oftheSubjeft* rhefentence given asainft them p be reverfed^as iUegall and groundlcfle* they eo , .. ks The Votes of the Commons houfe in Dr.Baft wicks Cafe, bercftored to their liberty, profeffions, degrees, and Mr. Burton to his Benefice in Friday frecte, and to receive reparations and dammages for their cenfures and imprifonments,from the Iudgesthat fentenced,and thofe who had done them wrong. Dr .Bajtwicks caufe though laft heard, being the fhorteft, was firft reported to the Commons houfe by U.e. Rigby, Mr. Burtons next, andMr. Frynnes (firft heard) kft, becaufe Iongeft, and having ofher caufes(as his fervants and the Chefer men$)depending on it. Upon their reports 3 rhe whole houfe of Commons unanimioully voted all the cenfures, proceedings, and orders againft them, to be illegall, &c. as will appeare by the Votes themfelves, the true Copies whereof here next enfue. The Votes and Refolutions of the Com* mons houfe in the cafe ofDr.BaJlwick. Mr. Rigby reports from the Committee for the High Com • mijjion Court and Star-chamber,the cafe of Dr .Baftwick* Vpon report,it was Rcfolved upon the Queftion, r Th . at Pr^ept made by the Archbiihop of Canierh- ryisnsx other High Commiflloncrs for caufes JEcclefiafti- * 7 "/ 'i* j n ^^Ime of England for the apprehending of the Body pi Dr. Bajbeick, and for Searching for and fcuing of hiS|bookcs, and the making and iffuing * 3 ^ likewife the Meffengers aft in fearching "" " Dh hfc The Votes of the Commons houfe in D.Baft wicks Cafe. iqs Dr.Bajlwicks Houfe and Study, and fearching and taking fli away of his bookes and papers, by that Precept,are againft Law,and the libertie of the Subject, S 8 ;' Refolved upon the Queftion. ffe That the fentence given againft Dr. Baftwickjoy the Kat High Commiflioners, and the proceeding whereupon 123,j | that S .ntence is grounded, and the execution of that len- , Jv tence,arc againft Law ;.and that that Sentence is void,and that he ought to be reftored to the excrcifc and pradfife of ®i : Phificke. And that he ought to be difeharged of his fine lODgi of icoo li.and imprifonment, and to have reparations idlii and recompence for his damage and Ioffe fufteyned by , my the forefaid proceed ingffentence and execution. ,:. J Refolved upon the Queftion, That all thofe feverall Commiflioners of the High Commiflion Court,which voted againft Dr. Baftwick^ in pci: that Sentence pronounced againft him, ought to give fa- tisfaftion to Dr. Baft-wick^ I) it lovis 2J, of Ft hr tt. 1 Mr, Rigby proceeds in the Report of Dr. Baftwicks Cafey j# and Hpon the Report jt was Refolved upon the Queftion, ’[|(( That the proceedings againft Dr. Bajlwicf in the Star- , chamber, and the fentence of that Court againft him,and r the execution of that Sentence, are againft the Law and , libertie of the Subject; and that the Sentence ought to if bereverfed, and Dr. Baftwiek^ difeharged of the fine of W 5 000 li. and ofhis imprifonment, and to have reparations for the dammages fufteyned by the forefaid proceedings, fentence and execution.. 1$ v Refolved upon the Queftion. 5 ^ That the Additional Orders, and Warrants of the ft Councell Boord, concerning the Exile and transferring of Dr, Bafirviei^ from the Caftle of Lanstfim into the £ dfle of Silly ,and his transferring thither»and his imprifon^ The houfe of Commons Votes in Dr.Baft wicks Ca[c. andIhatheougbt to be difcharged of that imprifon- inent, and to have reparation for his damages Meined Prefent at the Sentence in the Star-chamber. 1,0. Keeper. E.ofDorfet. Lo.Treafurer. Lo. Privy Seale. L. Arch-B.of Canterbury. Z. D uke of Lenox. X. Marcyn'ffe Hamel ton. Earle of Ltnfej. E.ofArundell and Sumy • E . of'Pembrooke. E. of Bridgwater. E. of Holland. E. of Morton. L. Vic. Wimbleton. L. Cottington. L Nuburgh. S .Henry Vaine. S Thomas Jermyn. Secretary Cooke^Secretary IVindebanke* Lord chiefe luftici BrampfiortyL. chiefe Iufiice hnch. At the Court at Oatlands Auguft 27, 1637. Prefent,the Kings mofl Excellent Majefiie. L.Arch-B of Canterbury ' ” L. Keeper. L.Treafnrer: L. Duke of Lenox * L. Mar.Hamilton, E, Marfloall. /n, oecreearj n inaevmn^ • Theft were prefent at the making of the Order for the transferring of Dr. Bafwickj, Burton and Prpne into Exile, into feverall Ifles, &c. 73 ie Iovis 2 5 . Eebru. 1640 . Ordered that the debate of Dr. Baftmcks bufinefle be refumed immediatly after the Houfe (hall returne ftoffl the Conference. hie Mortisprimo Marti] 1640. Refolved upon the Quell ion. _ That the Arch-Biftiop of Canterbur y,and all thofc that voted againft Dr. Bajhvick^ in the Star-chamber fhall make fatisfa&ion to Dr, BaftwtckJtQt his damages fuftay- nedby that Sentence. Ordered, E. ofDorJet. E, of Holland. L. VicJVmbleton. Mr. Controller. M„Secretary Cooke. M. Secretary fVindebanke, iftbr image: ■die jJWIf, m, t M Im iriij ShVous of the Centum houfe /'»Mr.Burtcns Cafe. Ordered, that it be referred to the Committee for the jurifdiftion of the Star-chamber,to prepare a Bill, and to prefenti: to this houle, and therein to confider,how far the Heircs and Executors of fuch as are, or have beenc in judicial! or miniUeriall places fince i .faroli, or fhall be hereafter,that have or fhall doe wrong to the Common wealth by extortion, oppreflion, or in juftice, fhall be li¬ able to make reparations to the parties grieved. H . Elfyngo Cler . Aomus Com The Votes and^folutions of the Qotnmoni Houfe in the Cafe fl/Mr.JBurton. d lt» k j(» ■)P lot iff & ,0 Die Veneris x 2. OMartij 1640. Mr.Rigby reports from the Committee, for the Star- chant* her .the (fafe of Mr.Burton Vpon this report,it was Refolved upon the Queftion. 1 That thefc foure Commiflioners Dr. Worall, Dr.’ SammeSyDr.Dncke and Dr JVood, proceeded unjnftly and illegallyinfufpcndingMr. Burton ab Officio & Beuefeio? for not appearing upon the Summons of the firft Pro- , ceffe. Refolved upon the Queftion. 2 That the breaking open of Mr. Burtons Houfe, and arrefting his perfon without any caufeihewed,and before any fute depending againft him in the Star-chamber, and his clofe imprifonment thereupon, arc againft the Law, and liberty of the Subjcdh Refolved on the Queftion. 3 That John Wraggi hath offended in fearching and fei- fing the Bookes and Papers of Mr. Henry Burton, by co¬ lour of the gcnerall Warrant dormant from the High Commifsioners,and that that Warrant is againft the Law and libertie of the fubjed, and that Sergeant Dendy and 4 >fMr .Burton. Refolded 7he Votes in the Commons houfein Mr.Burtons Cafe, Refolved upon the Queftion, 4 That tilt.Burton ought to have reparations and re. com pence for the damages iuftained by the forelaid pro¬ ceedings. Refolved upon ’the Queftion. 5 That Dr. Sarnmes,Y)x\D ucke,and Dr Wood, who fnf> pended Mr. Burton Ab officio & Benefcio, for not ap¬ pearing upon the Summons, the firft Procefle, ought to make reparations unto the faid Mr. Burtou, for his Ioffes and dammagesfufteyned by t'natfufpenfion. Refolved upon the Quehion. 6 That Sergeant Bendy and Alderman Ahull ,ought to make reparations to Mr. Burton, for the damage he fuftey- ned by the breaking open his houfe without any legall Warrant. Refolved upon the Queftion. 7 That him svragge ought to make reparations to Uu Burt on, for the damage he iufteyned by the breaking open his ftudy and feizing his Bookes and Papers,. Relolved upon the Queftion. 8 That the Warrant from the Councell Boord dated at White Hall Feb. 2. 1636’. for the committing of Mr. Burton clofe prifoner, and the commitment thereupon,is, Jllegall and contrary to the liberty of the Subjeft. Refolved uponthe Queftion. 9 That Mr. Burton ought to have reparations for bis dammag.es iufteyned by,this Impriibnment. Refolved upon the Queftion. 10 That the Arch-Bifhop of Canterbury theBifhopof London, the Earle ottArundell and Surry, the Earle of fnTc™r f and .^f^ 7 » Sir H.rmne and Sir /, C"k and Sir FruntttWtndebanked oe make reparations to Mr. Burton lot his dammages fufteyned bv this imprifon-; SUCQt. J * \s 13 • l DieAf ercm}24,Marciji6^o. Rcfah TheVotes of the Commons heufe in M r.Prynnes Cafe. Refolved upon theQudtion. W«i i That the Sentence in the Star-chamber againft Mr. icfwti Burton is illegall, and without any juft ground, and ought to be reveried, and that he ought to be freed from ], the fine of 5,000 li,and the impriionroent impoled by that ■V/Aj, 'Sentence. »> hi 2 That Mr .Burton ought tojbe reftored to his degree* edit, t ta . ken in Vmverfitie & Orders in the Miniftcry,and te H, y Ecclefufticall benefice in Friday.Jlreet London . „ 3 That the order of the Councell Boord for transfer- I, ring of Mr. Burton from the Caftlc of Lancajler to the 1 Aii Gernfey and the imprifonment of him there,are a- lw; t gainfl: L aw,and the liberty of the Sub/cd. talc 4 That Mr. Burton ought to have reparation and re- compencefor the dammages fuftcyned by his laid im- prilonmcnt, Ioffe of Eares, exile and other evils fuftai- jaiittf id in by the laid un juft and illegall proceedings. The Votes and Refolutions of the Commons btwfein the Cafe o/Mr. Prynne . Die Mart is 20. April. \6^x'. mis nttte # Mr. R igby this day revivedtlse Report c/"Mr.Prynncs Cafel and thereupon It was ordered and refolved upon the iDiiC Queftion by the houle,as folioweth, t, 1 That the Sentence given againft Mr. Trynne in the Star-chamber 17. Februar. Ati.y, Car oil is illegall, and 0 given without any juft caufc, and ought to be reveried. fc. And that Mr.Prynne ought to be difeharged of the fineof iiil 5000 li, impofed by the laid Sentence,and of all extents 0 thereupon and of the Imprifonment decreed bythatfen- 5 '( fence. Refolved upon the Queftion. . 3 That Mr. Frynne ought"to be reftored to his degree ^nthe Vniverfity of Oxon, and to the iociety of Lmcolnes (f to the excrche of his profeflion of an Vtter Bar - refier 4 142 JjEddfib'Cimmms hcfiin Mr.Prynno^ againc at ii~./»« ^ThatMr P™«» oughtto have rotation for fu* damages aiid^cjuduce as he hath, iufteyned by the (aid fentence and proceedings* . . . in the ' 4 That the fentence given againft Mr. Prynne i he StJ-chamSer 14 Iunij 16 37. tAny.oi^. Caroli, is llle S, and given without any jell «6 or g~“" d , and therefore ought to be reverted, and that he ou b ht to bee d debarred ot the fine & imprifontnent thereby decreed;, and that he ou-ht to have reparation and recompcisce for thedammagcs^whichhehathfufteyncd by that fentencc and tfye Execution thereof; Refolved upon the Queiuon.' , « That the Warrant dated the 27. of Augult 13. Cars* made for the tranfportation oiUr.Prjme from Car* »rvm Caftle, to the Itle of lafij, and h,9 impnfcu- ment there, and other reftraints therein mentioned ar aeainft the Law and liberty of the fubjeft, and that to /ought to be, difebarged, of that Imprisonment, and:to Have reparations for his dammages fufteyned thereby. . Refolved upon the Queftion. That the imprifontnent of Mr.Prj/wt by Warrant dated the firft of February 1632. under the hands ot T tf* nuts Lord Coventnc t Lord Keeper of the great bea.e, Richard Lord Archbifttop ofYorke, Henry Earle of Mm- chefier, Edward Earle ot Dorfet, Henry Lord «"Mow C«»* Edkland* fpidiom Lor A Bifhop of London , Edward, l t° the Committee for Religion, to be confidercdof toge¬ ther with thofe other charges and complaints thayire f The Votes oftheCommm houfe in Mr.Prynnes caafci 14 3 k Come in to that,or any other Committee againft him. It is this day likevvife ordered that the parties that t ought to make fatisfadion and reparation to Mr. Burton K and Mr. Prynne for the dammages fuftcyned by feverali Orders, Warrants and Sentences in the Star-chamber and B3 dfe-where, fhall be confidered of when the tranfmiffi- jr on of thefe caufes fhall be brought int© the Houle, and the Committee is to prepare the Tranfmiflion of thefe ;c 'caufes; And it is likewife ordered, that there (hall be a 5* fiay ofall proceedings in the Exchequer for the Leavying jj! of the feverali Fines of Dr. Bafilwicke Mr. Burton and 5 Mr. Try me, till this Houfe fhall- take further order therein.. H. Elfynge Cler. damns Comi At!: : oi* Ifj) 1J 1 p i bf IS' 5 Thus hath the Lord now at laft after a wonderfull man- — -, ncr,“ beyond all that men could hope or thinks, railed up b pfajVt! 1^ thefe his bdead forlorne cxild fervants(as he did c Daniel pf a i.88-4-t°* out of the Lions Den, Jonah out of the JVhales belly, Laza- 9. rut out of the grave, Iofeph out of hisPrifon , and the three c DanelCh* children out of the fiery Furnace) out of their clofc Prifons, 8 - , wherein they lay long buried in obfeurity and oblivion, d turned againe their captivity, as the rivers in the South ^ 4 ,' anc j ^ 2 . c brought forth their righteoufnefife as the light , and their Daniel $. judgement as the noone day ; and turned their teary, yea and d Pial. x z6, bloody feeds time,into a bleffcd harvefi of joy and triumph j *• fb as they may now truly ling (in relped of their owns 1 a,J7 ’ ‘ and their proud Arch-enemies and pcrfeaitors prefeut condition ) as Gods redeemed and exalted people; did of old, Pfalme (fhap. 20. Verf. 8 . They are brought dovene and fallen, but wee are rifen and ft and upright. Now l blefifed itfi, be the Lord God, the God of Ifrael who onely doth thefe l 9- wondrous things, tsfud blefifed be bis glorious uame for ever (for this his incomparable mercy to thefe and other his op- prefifedfervantsjand let the whole earth be filled with his glory j(in this nature.every day more Sc more) Amen and Amen. After thefe Votes the houfe of Commons, before any ‘ rr * - ' * tranfmifsica 11 l "The Votes of the Commons houfe in Mi. I rynnes Cafe, Whnffion~ without offence) communicate to orhers for the publike 0 good ; the rather, becaufe the points therein debated iif conccrne the common liberty of the fubjedt, and are not jiii formerly fo fully difcuflcdjfor ought l can Icanfep W an $ 0 printed Booke. m 1 ftt* p?*v«9W$¥9 Mr. Prynnes reasons tendred T othe Committee, Proving the illegality of both his Cenfures in the Star-chambcr } in all the fevcrall branches thereof; togecher with the unUwftilmjfc of the Orders fince made for bis exile andcloje tmprtfonment in the Ijle of lerfey,andofthe frecee dings againjl him, and his friends that vifted him at Chefer,in the High , r. .CommiJjion At Yorkc,. Mr. Trynnesfrf Cenfure and Execution. sE was fined(for a Booke called Hiftrio-Majdx* ( licenced by authority) 5000 li. to the King, expelled the Vniverfity of Oxford and I«* colnes Jnne ; degraded, put from his pro' feflion of the Law, let on the Pillory in the Pallace-yard at iVejhmnfier fortwo houres fpace, with a Paper in his hat, where he loft one of his Eares (on Wednejday, thefeventh 1634.) and three dayes after on the Pillory inChcapfidcaslong, where he loft the other Eare, and had his laid licenfcd Bookcs there publikely burnt before his face by the Hangman, and was further adjudged to re; staine a prifoncr during life. ^ Mr, Mx. Prynnes Argument . M7 Mr.Frynncsfecond C injure and Execution. H E was for default of an anfwer (though two anfwer s > r ^ were terdred by him,oncjtoned with his «»»;, the other - t,tf y urf S with his Counce Is hand) taken Fro confejfo, fined 5 000 li. to the King,piilored, fligmatized on both Checkcs, mu- tilated, and difmembred ofthe fmall remainder of his Eares left after his firft execution, adjudged to pcrpetuall clofeimprifonmcntinthcGoale oi Carnarvon Caftlein North-Wales, and then by an extrajudiciall order depri¬ ved the ufc of Pen, Inkc, Paper and all Bookcs but the Bible, and fomc few others or private devotion. After that (by a like Orderj exiled and fent clofe prifoner (in the Winter fcafon into the Ifle of Ierfy, where heewas kept clofe prifoner without Pen, Inke, or Paper to write for neceflaries j his friends and kindered debarred all ac- cdfetohim, and all their letters intercepted, by fpeciall order from the Lords. After which,his friends of Che- Jhr were cenfured in the High-Commiflion at Yorkg, for vifiting him at his Inne in his paffage to Carnarvon , and his Pidures by their Order, publikely burnt there, at the High-CrofTc. That the two fines of 5000, pound apiece, are againfi uPoinil Law. The Statute of Magna Chart a Chop. 14. enads, That a freeman [ball not be amerced for a fmallfoil, but after the quantity of the fault, and for a great fault after the man¬ ner thereof, faving to him hie contenement or freehold: And a Merchant likewife [ball bee amerced faving to him hie CMerchandife, &c. Weft, a.3. Ed. I .c. 6. concurres hcrc- w ith. And if any man be immoderately amerced in any in- fcriour Courts, the Law provides a writ of* Modern- * „ . 7 to Mifericordia, for his rcliefe,grounded on this ftatute of Brevtumf^t Magna Cbarta, 7S. ‘ *' Tnc ground of thefe A As and writ was this, where- V* “ " cvcc Mr. Pry nncs Argument . ever the Law for any offence (as for Treafbn or Felony ) takes away a mans life, there it forfeits * all his Land: and Goods ; becaufe the life being taken away, there needs no *See_Br t0 take away mens lives, there the Law fir and Cor one. the moft part (except in fome fpeciall cafes by provifion of Parliament ) impofeth onely fuch a fine and moderate amercement,as (hall not fwallow up all their eftates, but leave them a competency, both to * maintaine their not for- * 5 eet ?.E d feited Lives, and fupport them in their callings for the publike good; which elfe might fuffer by their Ioffe of ami here in trade and imployment, in which the Common wealth theS.point, hath intereffe,yeaand the King himfeIfe,.E« 7 i?/5.3. Since then thefe two fines of 5 000 li. a peece exceedc my offences and State, and are direcflly contrary to thefe . h two A&s, they muff be altogether illegal! Ccnfuie, K 2 , That my Disfranchifment out of the Vniverfity atid Innes of Court is againJl Law. Co.iI.Rcport f 97 98,99 lames Baggs cafe,Trin,i$* lac. It was refolved Firftjhat the caufe of a Disfranchif* went ought to be founded upon an AH, which is againf the duty of a Citizen or Burgejfe, to the prejudice of the com *» won good of the towne or Bur rough whereof he is a member , and againfl the oath he too he w hen he was made a fremfrh That words of contempt contrary to good manners againfl the chiefe Officers of the Citie.are good caufc of commitment) but not of D isfranchifment. Rut there are no words charged upon me in the infor¬ mation againft the Vmverfitj of Oxford or Junes of Court, which Vniverfitie I had above i yeares before deferted* Therefore no ground of a disfranchifment. Secondly, That every freeman of 4 Citic or Burroughs hath a Franke-tenement in his freedoms during life, audit cone ernes his trade and livelihood, credit and ejiimation ; therefore the caufe of his Disfranchifment ought to be feme or deedff ex ec ut cd> to the prejudice of the City or Tow#** and not an intention or enterprise from whence no prejudice dMtPffue. 14 4 — —- 1 Here Mr.Prynnes Argument. 14 9 I , 1 Here was no fuch prcjudiciall a this licenfed Booke being written by me, not l/!ii as a Lawyer, but as a Scholler , and having no relation to jj.fi m y ptofeflion, can bee no caufe of my disfranchif; d from lAucolnts Inns, or from my calling. V* a The I JO Mr.Prynncs Argument. The pretence for tlus-disfranchifment was, *> ■ five the htnmrofthc Vmverfitie And Inns of Com % and foitis expreffed in the order or A& of my degradation, in the Vniverfityof Oxford* ,../•«*• r But in truth this is but a cloakc of maiicioufneffe; for many Schollersof Oxford, fome Innes of Court men,and, Mimfters have Beene handed and executed tor Felony 2, na without any fcandalhor blcmifhto theVnivcr- fitic or Innes of Court, though no cxpulfion or degra¬ dation prececdcd or followed it; And this ceremony feemes to be borrowed onely from the perfecuting pre¬ lates in former times, who ufed to degrade and deprive god* See the old fy Miniflers of their orders before they burnt them , asap- «ditioftL362, by fundry Prejidents in the Bookeof * Martyrs f y^t 4ig n6°. nevcr ^graded,nor expclled.they theVniverfity or Innea of Court,any that were martvred/or ought I can find. As for the disbarring and putting me from my calling (which is my freehold) it is againft the Law of Cod, •which * commands every man diligently 10 labour and con*' ttnue in his calling * againft the common Law of the Land* which adjudgetb a Bend or Covenant not to exerctfe ones, calling , to be meerely void and quite agatnjl Law , Cooked 1 Cor, £.ii. Report f.125.&. n.R. f. 5 3. Againft the Law of Nature *Ephe«4.28« yphicktnjoynes all men to labour in their calling (efpecially 21.Rom 1 12. when other meanes faile ) and thereby to provide for 6x0 12/ "themfelves and their families, Gen. 3; 19* Pfak n8.2. 2Thci.j.8. Prev* 31.27. i Tim. 5. 8. And againft the policy oftbs' 3l0.ix.iz. Kingdom which * hates tdlenejfe 9 tncourageth * See R'lfta - no t fittingly fujfer• any to live without a lawful*' and^aea. wiling and imployment % which God condemnes, Aiatth. aQ.3.6.^^4.16.49.1 Tim^.Vl.iThef 1.11.12. Lcclef lP.ii li Prov.i^.U 0 That the difmtmbringand cutting ojfvy Earcsjis agdiftfi ’ Law. By the common Law of the Land a man fhould lofc . *-<— - -— — hlS . 419 IJ 74-149*• to 1497* * Gen. 3.19. cVl.2. I^. Exod.xo^. ch.13.12. Dent. 5 . 13 . Luk*i;:i4« Hal.ii8.a. bonds,pro« I 4 .ij.ch. 21.25. 3> Point: lii v: I','. w l ik 0 it M * 15 je ofi det mf 1 foS 0 to d i,rf *! ! ■il> $ S iff M r.Pry nncs Argument. i y i tris cares in no cafe that I know of, nor any member clfc but onely his* hand,andthat in cafe of ftrikjng and blood • *Sc tHolin* (bed, either in the Kings alace > or of a Judge, Juror, fixed orfome other in the face of the Kings Courts fitting, (the Judges therein reprefenring the Kings owne perfon) as aj> V ~ pearesby n.Ed.^.l^.Htx, Judgement9. 41.Aft. 25.3$. Hen . 8. c 12 .Brooke Pan l6.41.Ed. 3, Corone 80. Dyer* 188. And in Holin/heedf. 290. I read, that in the il.yeare of Edward the ftrft, three men for refeninga P rtf oner from one Richard Ragly, had their hands ft ruche off in fVeft. Cheape . The Subje&s members as well as their Lives % and goods arefccured by fundry Statutes and fundamentallLawesof the Realme. The Statute of 5. Ed. 3. c^9. enadts, That no man from henceforth jbatl be attached by any accufation, nor forejudged of Life >,nor Limbe i &C. againft the great Charter and Law of the Land. By 2 5, Ed, 3. c. 4. and the Petition of Right , 3. Gar. No man JhaU be forejudged of Life or Limbe , againft the forme of the great Charter , and Law of the Land, nor any taken by Petition or fuggeftion made to tlx King y or his Counfellyunleffe it be by imitemeut or preferment of his good and Law full neighbours . or by Proces made by fVnt Origin nail at the common-Law ; Nor that none bee ontei of his franchises y nor of his freeholds, unlefte he be auely brought into anfwcr, and forejudged of the fame by the way of Law. And if any thing be done agatnfi the fame it Jh all be redrejfed, and holdenfor none. But my diftnembring was not by the way of Law, and is againft all thefc A dts therefore voyd,and illegal!. By the Statute of i.and 2. Mariae,c. 3. it was enadted. That the fpreader abroad of diver/e and fundry falfe {editions andfcandaloHt Newes jruworspayings , and talkes againft our ntofl dread Soveraigne Lord and King , and Lady and Queene Aiarj, to the great difhonour y reproach and ftander of their moftex cellent Majefticsy and alfo the great ftander of this their Realme } {had for his firft offence^ being thereof lawfully V* 3 ~ conviUed} Mr. Prynncs Argument, u *UoIi»Jhed, £.1084 ,b 4 andS/4. Which refolution likewife proves, that before this Law. there was no lofle of Eares for any Li6elling and falfe Newes,though againft the King and Quccne. But here there was no proceedings againft me within three moneths after the fuppofed offences; neither am I charged for any offence within this Ad, which is ex¬ pired. This Statute,even in thefc bloody Marian dayes , for this great offence of fcandalous and feditious libells againft Xing and Queeoe, preferibes not (imply the Ioffe ofboth Eares, but gives the delinquent power to redeems the Ioffe *fthemmthm three moneths next after the Sentence given, and that with the payment onely of one hundred pound to the King andQueenes ufe. . - But my Eares are limply and ablolutely.ad judged to be cutoff, without any power of tcdccttUEg the m at toy, fate, within any fpacc ©ftime, r >\ -* SB-'. 8 Si . i — ■ _ - -i- Mr.P rynnes Argument, The Ioffe of both Eares with a power of redeeming them for an 1 oo.pound,was not by this Aft accompanied or aggravated with any fine. . , ., Butmy double Ioffe of both Eares, is aggravated with the fine of 5 000 li. doubled upon me, which is nigh 99 c times more, then the fumme here preferibed for their rc* This Aft prefer ibes the Eares to be loft but once, and one Angle (landing on one Pillory ; butmy Eares mult twice be cut off, and I fet on feverall Pillories, atfcvcrall times andin divers places,to lofc them. . Here is oncly three Moncths imprifonment enjoyned to the delinquent, and that at large,not dole. . ^ I muft be adjudged to perpetuall clofe rmpriionmeat, and that in remote Cattles, where none were ever lent from this Court before. . Here the conviftion muft be by inditement, verdict and lawiull witneffcs.or voluntary confeflion at leaft. Mine was upon an information taken pro confcjfe,(or want of an anfwcr, whead tendted two,and neither would be accepted 3 and that without any legall conviftion, vo¬ luntary confeflion, or any one witneffe produced or ex¬ amined. The fecond offence within this Aft was onely />«?*• infill imprifontmnty and that not clofe, nor in remote ftlcs and Xflands. But I was adjudged to perpetuall clofe imprifonment in remote Cattles and Ides,all acceffc of Friends, Letters, and the ufe of Pen, Inkc and Bookes being debarred from me too. . In all which refpefts, my Cenfure for a pretended of¬ fence againft fome Prelates, doth farre tranfeend the pe¬ nalties impofed againft Libellous delinquents of the high- eft nature in Quten* Maries day es, againft the King and Quccne thcmJeivcs. On this Statutc^n Queenc Maries raigne,! read oncty ^two judgements, and executions. The one, againft — - -—- j-ltvt- Mr. Prynnes Argument. __ M 7 * Elizabeth Driver of Groufborrough in Suffolk*, who,fir* Fox Aftf likening Q ueene Mary to Itzabell in her perfection, andfo in and Monu- thatfence calling her lezabcll, was for this indited before Sr . mms ?-‘ 6 7°° Clement Higham the chitfe Iudge attheAfftfts at Eerry •' ‘ff 2 ' \ n thc who adjudgedher Eares immediatly to be ctit ojf, ("contrary ° d Editl0 * , ‘' to the Provifionof this Ad) which was accowplijhed ac¬ cordingly ; Jhe joyfully yeeldingherfelfe to the punijhment, and thought her Jelfe happy that fhe was counted worthy to fuffer anything for the name of Chrifi ; for whom Jhe was foone after martyred at a fake. The other judgement and execution was againft one Trew in Kent, who purfued by one Sir Edward Gage, was at laft brought to his houfe and there layd in a dungeon',fromthence had to the next Mar¬ ket Towne,and was fe) on the Pillory, and there loft both his Eares (by colour of this La w) for dijfwading, not to comet to Church to heare Maffe. Thefe proceedings are taxed as tyrannous andillegall by Mr. Fox ; therefore no good prefidents to ground any like Sentence upon, cfpecially in my caufc, which is cleane out of the limits and intent, of this long.fince expired Aft. This Statute being but tcmporail , during the Q ueenes vwne life, it was after enafted by thc Statute of 13. Eliz. c. 2. That they who Jhall advifedly with a malicious intent , of his or their owne imagination utter anyfalfe , feditious and fcandalous newes, rumors orfayings again ft the Queenes Met* 7, ' J jefty, being thereof lawfully conviHed by the teftimony, depo¬ sition and oathes oft wo ftefficient witnejfes, at the time of his inditement and arraignment, which witnejfes fhall then be brought face to face before the partie .fo arraigned .and there fhall openly declare all that they can fay againft the fayd par¬ ty indited, unlejfe he fhall willingly and without violence tonfeffe the fame (without which teftimony or confejfton there is an exprefle Provifo in thc Aft, that no perfon fhall be indittedor arraigned for any 0fence in this ^ SI mentioned) fbati. befet openly on thePiUory,& there to have both his Eares cut off, or at the offenders elettion to pay 200 li. into the Ex* skeqwr to the Quegnrs ufe .within two menttbf next stfterthe — ** -- judge* xjd- ?• $ & Mr.Prynnes Argument. judgement againfl him ; and alfofhallfoffer imprifonwcntfot the /puce of fix Moneths next after hts J'aid convictian with* out bade and mainpraife. Jud he that Jhall advifedlyandmalicioujly report any fitch ewes from the reporting of any other , Jhall be fet on the Pil¬ lory.and there have one of his £ ares cut of, uuleffe bee pay joo .market to the Q ueene within two Moneths next after the judgement given, andfballfnfer imprijinment by the face of three Moneths after hisconvittion without baile. From this ad I obferve. Fir ft, that there was no Ioffe ofEares for libelling a- gainft Q ueene Elizabeth, before this Aft majie, that of Queene Uhlary being expired with her. Secondly, That the delinquent had here a power to re¬ deem hie Eares,paying onely 200 li. to the Jjbteenes ufe with in two moneths after the judgement. Thirdly, no fine attended the Ioffe ofboth Earcs,and the fiimme onely of 200 li. paid within two moneths, at the parties eleftion,might redeeme their Ioffe. Fourthly, the party was to be imprifoned onely fix Moneths,and that in an ordinary ufuall prifon, not ad¬ judged to perpetuall cloie imprifonment and exile in remote Cafllcs and Jflands. Fiftly, this Aft expreffely provides,thatno man Ihould be punished but by inditement, nor convifled, but by hie owne voluntary conjeJfion,or the. Oathes of two fufeient wit- veffes broughtfate, to face before the delinquent, at hie or* raignment. When as in my Cafe there was neither voluntary con- feflion.nor proofe, nor witneffe brought face to face. Sixtly, this A ft was perfbnall,relating onely to ^ueen Elizabeth and expiring at her death. All thefe particulars applyed to my Cafe, prove my Cenfure both un juft and ilicgall. By S-Eliz.c.y. The procurers and fuborners of wilfutl perjury (a grand offence ) are onely to forfeit 40 li. apeece. 4*A fth-j kavt nttgoads, Chattels, or Lands to the value ----- — 4 Mr.Prynnes Argument. *57 of 40 It. then they are to(land on the P tilery openly in feme Market Tonne for one hourcs /pace, and to fufer one whole ycares imprifonment without hat/e, and the party corruptly find wilfully perjured , fall lofe but toll, and fufer fix moneths imprifonment. leffe he pay ZO.poundto the Ktng within fix dayes, tsdnd for the third offenceferfet 40 found to the King,if he have fufflc tent,and pay thefame within fix dayes,or elfe, fbali fit on the Pillory and lofe one of his Eares, But firft,this is by fpcciall Aft. Secondly by lawful* conviftion,by verdift, confefllon or witnefle. Thirdly ^ in cafe of poore Labourers and Artificers not worth 40 pound Fourthly, with power to prevent the Ioffe of the Earc by paying 40. pound within fix dayes after convi- ftion,Fiftly,the Ioffe onely of one Eare notboth,and that without any fine or imprifonment 6.for the third oflfencct And fo different from my cafe in all thefe particulars. By the Statute of 3 3 .Hen. 8. c. I . Counterfeiters of Let - ters or privy tokens to receivemony or goods,eonvi bled by the oathes ofwittteffes in the Star-chamber,or elfe-where, ftsallbe imprtfoned i fet on the PiUoryi or punifbed by any corporall puntfhment,except paines of death. But this is by exprefle Statute, neither have I heard of any that hath, loll his Eares, or any member by lentence in Star- chamber for this offence* though a kind of Felony, and capital! crime. Befides, the Star-chamber is here expreflely nominated, neither can it irapol'e any other punifljment then what other Courts may doe. By the Statute of 8. £liz.c. 3. Tranfportersof Sheepe, fbali for the fir ft offence forfeit ad their goods, fuffer one yearesimprifonment without baile, and then have the left hand cut off in fome open Market Toyene, and there nailed up,in the openeft place of the Market. .'V Butthis penall ("Statute introducing thispunrfliment and peculiar to this offence) is no juftification, but condem¬ nation 9^the proceedings againft me • And it is for'an of* h X* 3 fence i d 1*0 Mr. P rynncs Argument . fence wherein the whole Commonwealth is deepely in* tererfed in point of Policy, whereas my pretended crime ismccrely perfonall againft fomc Prelates. The Statutes of 3 i.Ed.i.c 3 j.and 2. R.l. c. 5, cnatf, That the publifhers of falfe Newts,Letters and Tales of ;f relates,Dukes ^Earles, and Peeres of the Realme t whereby difeord may grow betweene the King and his people, or the Nobles,/hall onely be imprifoned , till they have brought in (fonrt the firft Author of theTale j and 12.R. 1.' c, t 1, gna&s further, that if he cannot produce the Author, hse j,hall be punt fed by the advice of the CounfeH. But thefe Aftsgive no power to the Counfell to inflift any Corporallpumfhment,sslofleofEarcs, Stigmatizing, &c. Therefore they cannot impofeitby any colour from dicfcLawes, for which no ancient prefidents can be pro¬ duced,bat onely imprifonment and no more. Crompton in his lurifditlion of £Vwf/ t Titlc Star-cham- £«•, produccth no prefidents of cutting offEares, ftigma- tizing,baniihment, pcrpetuall clofc imprifonment in re¬ mote Caftlcsxeftraint of Pcn,InkeandBookes, but onely Ur «WK of Banding on the* fiHory, Hearing of Papers on the head fee Holinjhed and riding with the face to the horfe taile through fVeJl- p. 15 9.774. minfter- Hall. Therefore then they ufed no fuch corporall punishments: By what Law then doe they inflift them now ? I rcadc, that * ffueene Elizabeth Anno 1596- seat driven to take fevere courfes for the reftraint of villa- none Promoters or Pssrfevants,who pretending the author ritie and badges of the gueenes Servants , ranged up and downe England with counterfeit inftrumentSy under the hands of the Counfelly and the gucenes Cemmifponers for castfes Ecclefiaftically and rifled the houfes of fftiddowet andPapifis, taking away whatfoever vejfeds or jewels had the fixtures of Chrtfty or the Satnts upon them y at unlaw* full goods: fy hereupon divers of them were apprthendedy .unforced to reftore the goods , loft their Eares y and were branded in the foreheads for Counterfeits and impofttrt. 1181. ii)8. 1311. * Mortyns .Uifi.p, 809. Mr.Prynnes Argument. iCi But note firft, That this punifhment was by indite— mentoncly, and Icgall convidion, pot by any fcntcncc of Star-chamber* Secondly,in an extraordinary offence, which iscapitall, the breaking up of mens houfes, and taking away their goods by violence, and the counterfeiting of the Qucencs High-CommilTion Seale, being Felony in ftridnefleof Law, and deferving death. And this pradife of thefe counterfeits is within the compafic of the Statute 0/33.’ He». 2 ,c,i. which warranted thefe proceedings 5 Which in thefe refpedsare farre different from my Cafe, and fo no warrant for fuch an execution upon me. The Statutes of j.Hcn.y.c.! .andai,llen.8.c. 20. give the Star-chamber no cognifanct of Libells, nor any Sta- tutefince , Therefore they hare no legall conufance of; them; much lcfle then power to infiidluch penalties for diem, as loflc of Earcs, Stigmatizing, perpetual 1 dole. imprifonment,&c* as in my cafe they did, even to du¬ plication. I read LMatth } 26.$ 1,5 2. Mar, 14.47. L»k- 22, 50*. 5 l.andlohn 18.10, l;I;. tlrat when Peter drew his Sword^ and in defence of his Mafter Chrift cut off Malchus his right Sure ; Chrift reprehended him for it very fkarpe - ly ,and healed his Eareagaine* IfChriftthen would not have one mans Eare cut offin defence of his owne perfo- nail quarrcll in the field,much lcfle would he have Chri- flians,(efpecially Bilhops) to cut off both mens Earcs in Courts of Iudice in their own cafes, out of private fplcen & revenge.S C .T^»/ {otbids Sift ops to bs jlrikers ) 1 Tim. 3 . 3 Tit.i,j h much more to bee ftrikers and cutters off of Eares. Paul Ebor in his Booke ofthe J? tligion and Tie publike ^ of the levies pag.yd. Recordsoutof * lofeff-tUy that An- ^Anfyu.tih tigonus not content to hai>e violently thruft his Brother d-eorumlib. Hyrcautts from the High-Pr lefts office^ proceeded yet fur- j^jnthe thertocut offhu Earts, both to deforme him , tfW^wrf^ lait EngUtK himfor ever after uncapable 0 f that office fwbich by the B4ni«fc wtvaimdman might execute* "" ' Jhis I Mr.Pryraies Argument, This was taxed as a note of barbarous cruelty and in/u- fiiccin a /«»>:. I prelume it will be deemed no Icffe in a Chrtftian , a Prelate ( honoured with the Title of bis Grace ) executed on a Lawyer , but elpccially on a Mt- nifter, »h /i.v « Jt is recorded by * Hall and Hohnjhcd, that in Trance lj.He'* 7.f. 9 they ufe to cut off onely one Bare of a Theefe or JWHrtherer t Si.HelinJbcedtbat it admitted to hie Clergy '■> that fo he may he knowne p.787. againe by that infallible war ke of hie evill doing ; hut thie is onely in thefe two cafes, which arc capital!, and not ■ in any inferiour offences. Ccoke Infiitutesf, 116. Mahemium eft membri mutila .» ttOy& membrttm eft pars Corporis habens deftinatam ope « rationem in Cor pore, „ j te pfc This the Earc hath,therefore it is a member; nay more, tareb Mtrall *^ e * * n flrument of the moft Noble fence ^hearing; without Tom. 1 .pa 5 f • which there can be little or no inftruftion,or humane con- to 1 19. verfarion among men . And though the cutting oft of the * Britton f. Law bee * not properly a maihme b ecaufe the Eare icorf»e4 *j8« * ■»« military member, as the hands, feete, armes, Stanfords * fingers, and other fuch like parts are; yet the Ioffe of the rUatfiS. Eares is a great deformity, and a greater dammage then the Ioffe of the teeth or fingers in fundry refpefts. By } 3.Hen, 8>c,6. The cutting oftthe Eare or Eares of any of the Kings fubjeftSy malicteuflj,willingly, or unlaw¬ fully , otherwi/e then by authority of the Law , is fuch an offence for which the party JhaU have treble dammages of him that Jball dothit } andthe King receive lo.ponnd fine. This cutting offiny Eares without any law or Aft au¬ thorizing it, muft needs be deemed malicious, andun* lawfull; therefore within the penalty of this Aft. That the Stigmatising is tmUwfuH, By the Statutes of 14. Eliz. c, 5. and jp. Eliz. c. 4. Jloguet are authorized to be brandedy but it it on the fhoul- rfrr onely • and Murtherert and Felons that have their ti branded encly in the brtwnc of the left ' 7 fund, Mr. Prynnes Argument. 163 handy with an Kl. or T. and that onely by the expireffe Sta¬ tutes of 4.Hen.7-C. 13,32. Hen. 8 0,3. * not by the com- * trtmllt mon Law. Chron. But my branding, and that on both the cheekes, where 1 uH.yd. u< the marker arc moft vifiblc,is warranted by*no expreffe Heili g ■&*** Statute,nor by the Common Law; therefore uioft illcgall,**' 7 7 ‘ I being neither a Felon, nor Rogue convict. * Anno 37 Hen- 8 . On the 13. of February , a Priefi *Holinjhtd was fit on the Tidory in ffheapfide and burnt in both - 1 cheeses with the Letters F. and A. and a paper on hiihead\no^. wherein was written, For falfe accufing • which judge* ruent wasgiven by the Lor df'hancc Hour tn the Star-chaml &r,(Thomas Audley was then Lord Chancellour:) So 3. Philip and Mary on the 21. of November, si man was brought from Weftminfler Had riding with his face to ikehorfe-tailc, and a paper on his head to the Standard in Cheap, and there fet on the Pillory, and then burned with an hot Iron on both his Cheekes with two Letters F. and, tv.forfalfe accufing one of the the Court of f'ontmon* Pleas in fVcflminJier ofTreafon. By what Law or juftifiablc anthoririe this was done, Jamycttolearne, they being the firft prefidents of this kind Befidcs, here was a lawfull convidion of a falfe accufationof Treafon, to take away an innocents life : here in my cafe is no Fuch comridion nor crime appea¬ ring- By the Statute of y.Ed.tJ.c.4. Thofe that firiky with any weapon in any Cnurch or Churchjard, being thereof convtBedby verdiB of 1 a . men, or by his owne oonfejjion, or by two lawfuUwnneffes, bop ore the Iufiices of Affifes, Juft ices of Oyer and Tirmn.tr or Iufticet of Peace in their SeJJiont, by force of this AH, JbaH be adjudged by the fame Iufiices before whom fuchperfon{ball be convtBed, to have cneofbisEaretcuteff. And if the perfon er perfons fo offending have no Fares whereby they fhould receive fuch punifbmcnt as is before declared, that then he or they to be marked and bttrnedin the Cheekes with an hot Iron, ha - Mr.Prynncs Argument . vingthie Letter^.whereby thy may beknonne and taken for Fray~makers and Fighters, Where note,Firftthat this Stigmatizing is by fpeciall Statute, and fo cannot be infli&ed but by Aft of Parlia¬ ment,dfe this Ad were but fuperfluous,might it have been done before or without it* Secondly,that no manfhall be ftigmatized by this Ad, ainleSe he be chercofconvidcd by a verdid of 12. men, his owne confefiion, ottwo lawfull witneffes ; and that not by an information in the Star-chamber, but upon • an incitement before the Iudgcs and Iuftices. Thirdly,that none is thus tobe branded but be that hath no Fares, and ifany Iofe his Earc for this offence, he is not to be branded. Fourthly, the ofirendour is onely to lofe one Eare; or branded if hcewants Eares onely in oneCheckc, notin both,and is neither to be fined, nor imprifoned. My branding therefore by no Ad of Parliament, with- outanyconvidion by verdid, confeffion, or witncfTe, and, that in both Chcckes notin one, coupled with a fine 1 r°-°° h :P lllorin g’ °f both Eares and pcrpetuall dofeimprifonment, muft needs be againftall Law and Juftice,a (trange exorbitancy Sc multifarious cruelty. By the Statute of 5. Fliz. c . 14. The forgers , makers, *»dj>nblifbers of falje Deeds in fomeJpeaa.lt Cafes beino thereof cenvtttedy Jhall have their noJiriRs flit andfeared mtha»hot Iron 3 to remaine as a pcrpetuall note ormarke of their falfe-hood* v Butthispuni/hmentisbya fpeciall Ad of Parliament, fortbefor 111 ^ 3r f Cln0US •°fVc Ce *' not P uni ^ a hle in this bur a W? % hcr l f °- C no /“ ftlficati o« of my Stigmatizing, r^ d K Cd pr ° bat,onoflts unlawfiilncffe, fince war- conlffion n° f ^ Cciall . Srat T’ without convidion, of T acrim . c of fo g r °Be nature as this. Eehnjhtd. Innde, that Kenneth, an ancient Kins of Scotland* Bift. Scot* about the scare 8 ?o o t * , » ° r acotiana* Mr.Pryftnes Argument. 1 6$ But this was for bafe Runnagaccs , andfctlcd by a Law. The face of a man is that part wherein the * Image * t Cor.xsg and majefiy of Cjod doth principally fhine forth in onr hu¬ mane bodies j fo as the defacing and ftigmatizing thereof is an high violation of the very Image of God htmfelfe, engraven therein ; whence it is layd downe as an aggra¬ vation of our Saviours fufferings, lfay 5 2 . 14. cap , 5 o. 6 . That hisvlfage was marred more then any mankind hi* face or forme more then the fonnes of men. And that he gave his cheeks to the Ntppers , that plucked off his haire.Yea, * lob 3o’ lej * S pitting inthe face and fmitsng men on the checks are 1 K,n S J - »*. reputed great reproaches and indignities in Scripture, ,, i,^ though tranfient A fa; what then is branding in the face ,6.10'Lam. and cheeks which is permanent ? It is ufuall with Iurors 3. jo. Mich, togtve greater dammages for a skarre or wound in the M «*lt . face (of whofcprefervationtheLawis fo curious that it i9 ' nevefprdcribes cither Felons or Rogues to bee branded therein,but only in the hand or fhoulder)then in any other pate of the body. Therefore my branding in the face can- slot but be a mod in jurious and malicious aft, demerriting good dammages fromthofe who enjoynedit. That the adjudging mee to hefern clofe Prifonert* v Carnarvan Caflle, a remote Prtfon in * North Wales , not belonging to the Starre chamber, U againfi Law, By 5 Ed.^.c, 8, Pri/bns fhall be kept in Townes , and fey provifionof 23 Hen. 8.C.2, Common fayles andPri- fimwhereunto eyill doers JbaU be committed for their ef- fencet) fhall be in Townes , efpec tally in fuch Towns where tnoft commonly the As fifes and Sefftons are kept t and where thire -is mofi refort , and repaire of people % to the intent that by the meanes thereof fewer fhall efc ape y and allo the gather undo finer reliefi and charity of the people fhall bee 1 66 Mr.Prynncs argument, tothe c Prifonersrmni(tred,%.Hen 7. e. to Indices of she Pet e (hall imprfan Hone tn private Cfifties, but onely in the t Cmmon-Gale, The removing therefore of mce to remote Caftles, where my friends could not relieve me, nor have acceffc unto me,is exprefft ly againft thefe Ads. 21 . £<44.71.4 Br Imprfon went 80. Proteftation 1 8, The Fleet tefor the Chancery, Common Pleas, Exchequer, and to thefe Courts the Warden k an officer : and to the Star-chamber and Palace. Per Catlin and Fairefax. And though all the Shcnffes of England he officers to the Court of Kings Bench farthings done in their fev.iraU Counties, yet the lodges of the Kings Bench cannot commit any one Prifoner to them, as Brooke and Fairefax are of opinion Jbut for an offence dent in that County . Neither can they com• exit any man for Felony or Treafon to the Fleet, unlefie it be in a fpeciall cafe , as where the Marfbatl of the Kings Bench had married the offenders Sifter ( as the cafe was there) where the defendant Winkefield Efquire,one of the. Kings houfehold Servants,who had done great fervice (New gattbeingto vile a frifon for him ) wot committed three dayes fpace to New gate,and then committed the Warden of toe Fleet, who received him with a Proteftation,offaving to him bis liberty at oll other times to refufe fueh Prfouers, By thefe Bookc cafes,and fundry others, it is apparent; that the Star-chamber and other Courts, cannot by Law commit men to any. Erifons but fuch which properly ^be¬ long unto them. Bat the Caftle of Carnarvon in North-Wales, where the Xings Writs anciently did not run, and the Caftlcs in Ierfy where they run not no,ware no prifons properly be* longing to the Star-chamber, who never lent any Prifo- ners to them before or fince,but only my felferThcreforc this imprifonment in them is againft Law. By the Book of 27. Hen. 6 .f. 8 .Br. Faux Imprif 3 2 .Aw ditors cannot commit occomptonts but to the next Coale,be it w the fame or the next. County for, [o is the Statute tvAnd ■ ■ fif Mr.Prynnes Argument. \6y if the doe conn ry t an J flion of JalJe impnjontmnt lyes again'- them. The r cal ,n of this Law was to a\ Oy a vexati¬ on,and for the prifo ners better rcliefc.. By the lame rcafon,thc Star-Chamber ought to have com- m tted me to fome neare or proper Prilon belonging to that Court, not to remote obfeure Cadies. And fincc they did contrary,the imprifonment is illegal!. The Statutes ofCMarlbr. c. 4. mft. X.c. 1 6 l,& 2. PhitJ md Mar. c. 12 enaft, that diftreffes fba l not he dr 'tvtn ut of the count r where th y are taken t and that thofe that offend herein Jhall be grievoufty amerced , and that tkediftreff s[had be put in an open poun 4 within three Miles offthe place where, they were frft taken. And by the Common-Lay?) diftreffet tnuft be kept in a pound Overt ; not in a clofe Pound or "Prim fon, that f -he owners may the better feed, and replevin: *fo«,5,H.7.£.Br.Diftrc(res4i.33.H.8 Br. Did.67. Dri 1 and Student,1.2.c.27.Co. Indit.47. B.p.fcd. 4.2,b.t.& 2; Phil .and Mar.c.12. If then the Subj'efts very Beads and Swinej have fo much priviledgeby the Lawes & Statutes of the Realms* as not to be driven and impounded out of the Counties where they are d drained, and not to be kept clofe priso¬ ners in any remote or ©bfeure place, butonclyin an open pound,where the owners & others may have free accede to vifit, and feedc them at their pleafures: No doubt the £ erfons and bodies of the Sub/efts themfelves, by the awes and Statutes of the Realme enjoy as ample pri- vilcdge as their Beads. And therefore ought not to befcnf to remote and forraigne clofe priions, where neither their fervants, kindred, wives nor friends can have any acccflc to vifit or relkve them,but are by fpeciall order from the Lords fas in this Cafe) denied all accede unto them. By theS tatuteof 23 H.2,c. 9,No man is to be cited out of ha proper foioceffe unleffe in[jreciall ffafes. Aod‘l.JEJ.$.c.K. iVij man Jhall be compelled to gee to war out of the S Inert where hi dwe lie thy but where nea ffity andfuddatn t (tmmiug ffftrang peemxs into tbc Pta’ms reauireth, ~ t ~ s ~ ■*s • ’ !»*• Mr.Prynnes Argument. The equity ofthefe Lawes (which is to avoyd vexati¬ on, charge and unneceffary trouble ) doe ftrongly iinply. That no man fhall be Cent Prifoner into remote countries* and places out of the Country where he is either cenfured or refidcs; So that from all thefepremifes I conceive my dole imprifonment in remote Cattles to bee diredly a- gainft the Law and liberty of a Subjed. That my Perfetuall mprifemmnt is againfi Law. The Statuteof i and z, Phil, and Mar. c. 3. and 23, Eliz. c.%. pretcribe but three, or fixe monthes imprifon. went at mofl, in cafe of fpreaAtng falf e and fcandalous newes againflthe King andQueenc. Therfore this cafe,only againft the Prelats(admftaguilu- nclTcJcannot in lufticedeferve perpetuall imprifonment, Imprifonment during life cannot bee impofed but Where fome Ads of Parliament , or the Common-law exprefly prelcribe it. But in this cafe, neither the common-law, nor any ex r pres Ad of Parliament preferibe imprifonment perpetu¬ al , Therefore it ft illcgall. By the Statute of 23 • Hen. 8. c. 1, Perpetuall intpri• fonment is enjoyned to Clergy men found guilty of petty Treafon , tvUfull JlAurther , Sacrtledge , Burglary , or robbing by the wayM which are capital crimes deferring death; this Adi being made in favour of thefe delinquents By $.E 1 iz.c.I 4 » Forgers, Makers, andPublijbers of falfit deeds,axe tobe impriibned during lif c ,thc crimes be¬ ing of an high nature,tp defraud men of their Inheritan- CCS* ' - By 3 l f Hcn. 8 .c.l 3 . Priefis the third time convifted oftneontinency , are t* fuffer perpetuall imprifenmentj ’« pcf uhar tofricAs, for a grievous fcandalous finna Aftettwo (eyeraUconydaions, an< * *♦ Phil, and Mar c ,$.P ublijbers of falfe and | Ljtf end Libels agatnf King Philips l6g Mr.Prynnes Argument. Sheene Mary upon their fecotsd convtftionfor that offence arc to be perpetually imprifoned. But this was for a rei¬ terated crime of an high nature, bothagainft King and Queenc. By 5. and 6. Ed. 6. c.l, and i.EIiz c.2. %ecufants and Separatist from the Common-prayer , and adnnwfiration of the Sacraments of the fhurch of England, upon their third convittion and offence • are to he imprifoned daring life ; But this is after a treble convidion,and by afpeciall law. By 35. Hen. S.c,1 3. Such at malieioufly flrike andfred blood within the Kings Talace and heufe, are to be imprifo¬ ned during life, becaufethis might prove dangerous to the Kings perfon. In no other cafes but thefe, that I find, doe our Lawcs inflict perpetuall imprifonment • and that by fpcciall Ads for this purpofe, incrodudiuo of - a new Law. And by the Common Law it is inflided on none but thofe whoftrike a Iudge, Iuror or Witneficin the faceof the Court, 22. Ed 3,13.19. Ed. 3. Eiz,t:lodgement 1^/25,33. Hen. 8. c. it,BrookePaini6.^i.£d.2.Corone 28. 3 tEliz*.Idyerpi. io./o/.i88. But my (uppoied offence is not any of the forenamed, nor within the words or equity of thefe Ads. Therefore perpetuall imprifonment ( and that clofe which thefe Ads preferibe not)is againft all Law.orcommon Statute. It is written, Rev.2,1 oi The Devill frail cafifomeof you into prifon , andyou frail have tribulation for tea dares j. not during life. By this it appeares, that the Devill himfelfe abhors imens perpetuall imprifonment and tribulation as uojuft j much more then fbould Chriftians doe, it , efpecially thofe, who have e ver G R A C E in their Titles, though fcldomc in their Actions and cenfures. Thofe * fttndry ACls which provide for Ge.de deliveries 4 Ed.3tc.t~.1j' thrice every yeare at leaft , even in cafe of Felony , and?*-, • J condemneperpetuall imprifonment in this Cate, ** W 1 ? not {ogteat or hainous as Felo ny, not puniihed deliver/fUl with Mr.Prynnes Argument, with perpctuall imprifonmcntTpor Felons admitted to their Clergy, and burnt in the hand,are mmedtatly or front after dfchareed of their imprfrnment upon payment oftheir Fees ; Why I Ihould not be lo after a double loflc ot my cares,and branding onboth my checks, but rcmaine a t> 4 bncr during life but for a fuppolcd crime,not capital _ felonious, no Law or rcafon can be produced. That my elofe imprifoment that none might vifit w freaks jvithme 9 is againflLarv, CookesInfhtutesf.260 b.Imprifrnmentmuftbe Cuftodta, non pana ; for Career aa homines cupdtendos, non puntendtrs dart debet : If fo,thcn it ought not to bee dole, but at large. |.Ed.4,2.5.Hcn.7.9.BrDiftreffe 42. B f X*w,and likewife by the Statute of 1. and 2. Li. Phil, and Mar C.12. Beajls that are difi r ained ought to b* kept tn an open Pound, where their owners may freely come and JettU them not in a elofe Pound or prifon, where they cannot re¬ tire to viewfeede or replevifr themat then p ea/ures. If therefore mens very bcafts have fuch a privUcdge, forely men thcmfelves foould by Law have the fclfe &nc privUcdge as their Bcafts, if not a greater,and not be lhut up clofc Priloncrs in any place,(muchlcflc m remote and forraigne Prtfons) where their friends can neither vifit nor relieve them, which was my condition. It is bcafti- all at the lcaft, if not illcgall, to uic men, yea Chriltians worfc then Bcafts. , .. It is ufuall tor men committed, not oncly for horrid murthers and Felonies, but likewife for high Treafon I'unlcffe in (omc fpeckll Cafes, and that oncly for a lhort fpace) to be kept prifoners at large, and not fhnt up clow ptifoncr» from all accede ot Friends: yea,the tArchbifiop tf Canterbury himfclfc (the chiefc caufeof my reftraint and exile) with others now accufed and committed the whole Parliament % high Treafon, have ftiU CI ^ Mr. Prynnes Argument. 171 fi# iSk joyed both the liberty of the Prifons where they are, and the free refort of any friends that have a will to vifit them. And the Statutes of 5. Ed.^.c.S.and 23. Hen.8 . e.i. which enaft, that Common Goales and Prifons, where- mto evill doers (hall be committed, Jhall be kept in Townes of greateft refort,whereby the rather ana oftner reliefe and cha- ritie of the people Jhall be to the Prifmers miniflred; kemes expreffely to provide againft all clofe imprifonments now in ’ ufe, excluding both the reliefc and accefle of men, yea of Wives, Brethren, Sifters or Children, which Was roy fellow fufferers cafe and mine. * Ifthen Felons and Tray tors neitherare, nor ought to ' be dole imprifoned by Law, in ordinary Prifons amidft their friends,a fortiori,I being neither convidfed of Felo¬ ny .Treafon, nor any capitall offence, could not be law¬ fully kept clofe priloncr in the remote Caftlcs of Carnar - van in North-Wales, and Mount orgueil in Ierfj, where allmy friends were by ipeciall order debarred from me, fuch an imprifonment being warranted by rib former ex- ample,or prefidentthat I can findc. By the * Canon haw, the Judges ought to vift the * SummAit* *Pri foners, and to fee that they have all nccejfdries providedfor gelica Carter, them: Therefore they ought not to be kept clbfe prifoners nor removed to remote Prifons, where neither their friends,nor thofc who ad jud ged them to the Prifon can neither vifit them, or provide any ncccflaries for them: At-id fo my clofe imprifonment in Carnarvan and Ierfej where my friends could neither relieve nor vifit me; ana wheretheludges whofent mee thither tooke no order for my diet, or any other neceflaries, muft be both unca- nonicall and illegal! at the beft. . . When * Robert Belknap, IohnHolt,Iohn (frair, Roger leulthorp, William Burgh and lohn Lockton Iudge$,inth efwrbam.Hift’l I i.yeare King Richard the fecond ,wtre condemned to death Anglia,p-i66 by the Parliament, and their lives pardoned by the ffueencs mediation',they were thereupon condemned to perpetudU exile into Ireland, ( but not (hut up in any forraigne Caftles Z * clofe 17a Mr.P ry nnes Argument. clofc prifoner as X was ) *And though all their Lands and moods were forfeited-, yet a cert awe portion of won) was ajflg- %dto them for their daily fuftmation In their exile • So mercifull and juft was the Parliament to thcfe Tray tors •. whereas I had no fueh portion aligned to Maine me in my exile; though feconded with the Ioffe of my calling, aggravated with clofe imprifonment, debarring mee all mcanss of fubfiftence, and an excefliveiine which fwal- lowed up all my eftate, Clofe imprifonment was not ulualt among the I ewes * or Pagan Romans, asappeares by Tauls cafe, accufed of Sedition, and the like crimes as I was accufed of: for wee readc A Us 23.16. That Pauls Sifters fonne had accepts him in prif on,and di/covered the 40. Iewes confpiracy to take away his life.AH.Z'j.^, JVe finde, he was kept Prifoner up¬ on his remove to Cafore a, in Herods judgement Hall : Tea,af- ter he had beetle accufed bp Tcrtullus, for a peflilent fellow, andafiirrer up of /edition among the Iewes throughout the world,h.&.s 24.5 .&c. yet verf. 23. Fcclix when he had heard 1 him,commanded a Centurion to kgepe him,and to let him have -Note this Ufartie, and that he Jhonldforbid* none of his acquaintance to minifier or come unto him :yca,Ath all confidence,no manforbidding him . If then Saint Paul found fo much liberty 5 though char- : •- ged Mr. Prynnes Argument. ged w ithflirringup/edition,&c. even under the Tyrant Nero among Pagan Romans; It can neither be legal! nor Chriftian, that I lhould be thusclofe imprifonedm foi> raigne parts, and my Chefier friendsTo molefted as they were, oncly for vihtingmein my palfagc at my June, and not going forth to meet roe, as the Brethren at Rome went forth to meete P4«/,and bring him into Rome. Father Latimer in his'ninth Sermon, the third Sunday -of Advent, Anno 1552. hath this notable obfervation and difcourfeagainftclofe imprifonment, Tuch as mine was. The Evangelifi S.Lukc inthefeventh Chapter, doth /hew hove and by whom John Baptifi heard fuch things -which our Saviour (fhrifi did,namely, by his owns Difciples, for when Mr Saviour had raijed up the widdowes Jonne, which was dead at Naim, the Difciples of John came by and by unto John their AJafter, ana told him all things ; namely hove Cbrift raifed up that fame young man which had beene dead already. And this is a thing to be marvelled at, that John had fo much liberty that hie Difciples could come to him and /peaks with him, Herod the King being a cruellman,a Hea¬ then King,a mifertant , a man of unbelief. No doubt it is a great matter that his Difciples could have libertie to fpeake with him, for a man would thinks that no man fhould have beene permitted to come neare him . For I know that in Chri- fiian Realves, fonie being cafl into prifon for truthes fake, for Gods Word fake, have not beene/offered, that their friends Jhould have come neare unto them. And here it appeareth mojl manifeflly,that Chriflian Princes have fometimes more cruel/ and cxtreamcly ufed Gods Preachers , then the Genttles itfed their Preachers, fent unto tloem from God to teach them; they were more fraightly ho/den and more extreamely handled then Iehn was: So wee reade likewife of S. Paul, which was call into Prifon at Rome by that wicked and cruell Tyrant the Emperour Nero, which Emperour though be was a cruell Tyrant, awickedman, and a venomous pe fecutor of Gods Church.audios holy word, jet. for alt that, Paul had libertie tofpcakf with every one that would come unto him and cent- - ~ mm *73 174, Mr.Prynnes Argument. a a$ *?,■ A note for Cbriftian Rulers. * In his obe slienceofa Chtiftian man,arttl practifeof PoptfhPre- Uw; ; mune with him. So that there came unto him who would, and they might fpeake with him, what they would: For St. Luke faith in the lafi Chapter of the AAsthefe words: Paul dwelt two yearcs full in the lodging, and received all that came; in unto him, preaching the Kingdome of God, aqd teaching thofe things which concerne the Lord Ie- fus with all confidence, no man forbidding him. Here by thefe words we may perceive, that Paul had liberty to fay bis mind, and to commune with hi* friends, hee was not fa firaightly kept. But we fee and have had experience, that Preachers which profeffe the fame words, which Paul taught t are more firaightly handled in Chrifiiam Realmes , then in times paft they were, when the Rulers and Princes were not Chriftians . Cbrijlian Princes be more earneft to extinguifti Gods word and his true Religion, then the heathen were which knew not ,ner would not know God. Yea, none havebeene fo peccant in this kind as Antichriftian Lordly Prelates fas appeares by the Englijb and French bookes of Mar- tyrs) moft Kings and Princes cruelty of this nature, ari- fing originally from the Prelates inftigation, councell . and procurement, as * Vit,Tyndall manifeffs.. Had our Prelates beene of father Latimers minde, (whom their predeceffours, fhut up dofe prifoner in Oxford without Bookes, Pen or Inke) they would not have fhut me up fo clofe, and beene more cruell to mee, then Herod was to Iohn,ot Nero to Paul. In a word, Chrift himfclfe hath pronounced fuch a heavy doome againft all clofe imprifoners,and imprifon- ments, as fhoula make each Chriftian heart to tremble t I or Matth 25.36. Chrift at the loft day fhallfay thus to the tle&fbeepe on hi* right band} I was in prifon, andyee came mtome. But to theGoates on his left handfte faith. De¬ part from me yee curfed iuto everlaftingfire, &c. ( markc the reafon ) For 1 was in prifon and yee viftted me not, verf. 43 i Verily I fay unto you in as much as yee did it not to one cf the kaft of thefe, yee did it not to me. Jfthen tjfic meerc not viftting ofPr{foms t dhatt be juft _ -* — ..w. pat ter 17S M r.Prynnes Argumenti matter of condemnation at the day ofjudgementicertain- lytheclofe imprifoning of them , and reft raining not onely ftrangers but their very kindred, friends and wives to vifit them^ or fo much as to fct footing on the Iflands where they were clofe exiled, under fevere penalties, muft needs be very unjuft, and demerit a heavy cenfure now, but a heavier hereafter, when Chrift himfelfe fiiall fit as Judge, and give fentence in this caufe. My clofe imprifonment therefore being, unjuft in $efe refpccfts, I ftiall conclude with * Grattan and Summa Angelica. Incarcerunsalicj -em injufle Jive Jit Index,JiveSumm ■ton ; tenetttr de omni dammo et data ad reflit turnon, & A^tlieaCari ttiamde Injuria Jib* fatufacere: hee that impriibns any ur j.jo.ioi, manunjurtly, be he a Iudge or be hee none, is bound to make refiitution to him of all the dammages done unto him, and likewife to fatisfie him for the injury. 1 hope my Iudges will doc .thus. dr * That my Exile and Banijhment into ^perfty^ andihaiEoint S’* by an extrajudiciall Order of the Lords,without hearing ofmefis againfl Law. Among the Athenian},Grecians and Roman} famongft whom banijhment was * firfl introduced by Tat quin the * ’Diodoroi proud, and Hippids, as Plutarch, cdfrijtotle and * others iuulvsjpafi teflifie) none ought to bee banijhednor exiled their country, but by a publike *AEb of the whole State or Senate,not by any private Judicature. . ., ' , HtB+agyno, So by the La wes of England, none ftiall bee baniihed Artftot.polit, this their native country bait by Parliament . p.ioi, to io( s By Afagna Charta,c. 2 p. No Jretman Jhall be taken or imprifoned,&c .or be outlawed or EX I LED or any otherwife defrayed , but by the lawfulljudgement of his Peeres,or by the law of the Land-, .cited in the Petition ot.Right 3 >Ga"° ^#/i,whero'it v^aslately confirmed: ‘ 17^ Mr.Prynncs Argument. The Statute i.Ed. 3,c. 2. with the 'Prologue, proves,’ that no Exile , bam foment can bee made but by the award of the Peeres and Commons ^and by the Kings confent in Par- . liament • ~ ^lifoAvgu!* 1 Thus * Spencer and Pierce Gavifton were>exiled by fpeciall p. 366. Tj,o~ Statutes y andBelknap , Holte 9 Fulthorp and Burgh > by fpeoi+ digmaNcuft. all Sentence of Parliament. Yet the * Spencers petitioned • l f z » againjl th ' ir exile y as contrary to Afagna Chart a } becaufi the award of their exile was made w ithout the Prelates; jj^pa g*6jl who (*s they alleaged) were P Seres of the ‘parliament as well * s the Temporal Lords ^andfo not made by full Parliament:& bccaufcy they were riot called to anfwe* when they were banifo* ed. Which Petition being referredto the e^rchbifoop of Can¬ terbury and his fujfragansy afoembled in a Ptovinciall Conn* cell, Anno Dom.1319. in the 15.years of Edward thefecend The Prelates upon deliberation had\ declared : that in their opinion, the award as touching the disinheriting and banifhing the Spencers was err onions ^ and not rightly decreed; and for themfelveSy they denied that they either did or could confent thereunto,; and therefore they required that it might be re - pealed yds contrary to Law and right, F our e Earles like - 4 wife declared as much , and fo did the Batons and Lawyers : Whereupon the King judicially revoked and quite difanulted theproces of the fay d axard touching the banifoment and dif- inheriting the Spencers , and rejlored them to hispeace and their proper eftates. If then this exile by Parliament were erronious, ille¬ gal!,and again!! C Magna Charta by the Prelates, Peeres, Judges, and Kings owne refolution: then much more ^ muft minCjby* a private Order at Councell Table, made in the long vacation, in niy abfence and clofe impriibnment at Carnarvon^ without, any new caufe or offence on my part,and in direfi; opposition to the Star- chamber decree ^urtjwhicnadjjudgedmecto pcrpctuall prifon ~ (, danggefu "RogHti after fjmvi&io*’*# Mr.Prynnes Argumenti 177 a quarter Sefifions.Jhall be banifhedtha Re aim t, and all the do¬ minions thereof, and conveyed to fnch parts beyond the Seas as the fijueenes Privy Counfi ll^or fix or more ofthem{where- efithe Lord Chancellor , or 'Treafinnr to be onej Jhallaffigne i or etherwifie bee judged perpetually to the Callies of this fiealme. If Rogues cannot be banilhed but by lpcciall A (3s of Parliament,then much lelTe free men of better quality. Abjurations,a kind of exile,are oncly in cafes of felony dr Treafen by the * Common-Law, and one not capitall *Scctit^ by* Ad of Parliament; Butthefearc onely voluntary,at and Broods the eledion of the parties, who have free liberty to paffc tfotorme. out of theRealme j and ever enj'oyed the liberty of thofc *** Etf t’*e- mce, is fuch an unufuall ftrange banifhment and exile, as mojtbem, " no former age or hiftory can parallell j and hath no fern- blancc with thefe abj*urements. The exit ing of villawes out of a manner to which they are re gar dent ,u JVafi : for which treble dommages fhall be re¬ vive ed,as our * Law-bookes refolve. Therefore the banilh- *fttf an 3 ing and exiling of Freemen out of their native country, Brooke Tit« and that for no capitall crimes, and there (hutting them up clofo prifoners,muft needs be a greater offence, defcr- ving higher damages then treble ones. The Statutes pre-recitcd againft citing men out of their dioccflc, and going out of their Shires with their armes, unleffc in cafe of fuddaine innovation, imply the unlaw- folncffc of exiling mee and my brethren into forraigne Iflands without la wfoU caufe., I (hall dofe up this point jyith one notable ancient refolutionv '—-- J “ ' the Mr.Prynncs Argument, The famous Chriftian Emperour Gonfiantine the great the honour of our Nation, (borne and crowned Empc Tour firft in England) deemed the exile of godly Chrifti- ans (efpccially into remote folitary Jflands, of which tfiey had yet the liberty) pra&ifed by his perfecting Pa¬ gan predeceflbrs, not onely a cruell thing, but an un juft, altogether contrary to the Nature of men \ whereupon hee made thefe two Lawes. * Zufehim ie The intituled * t/i Law for the freeing of Banijhed vita Conftan- men, to this effect. Ormesigttur qui C RVD E LI BV & IVD ICVM SENTEN 77 1 Sfubjetfi.&c There, fore all thofe who by THE CRVELL SENTENCES OF THE 1VDGES, at what time foever it happened -to them, have beene compelled to change their country with exilefor adjudged to banifhment jbecanfe they neg¬ lected not what made for the honour of God and Religi¬ on, to whom they had confecrated themfelves with the . whole power of their loule; All thefe I fay, being reftc- red both to their hereditary poffeflions,and their accufto- raed tranquility,may give thankes unto God the liberator (or fetter freey of all men: And thofe who having beene deprived of their goods, arid opprelfcd with the lolfe of all their fortunes, have hitherto lived amoft abjed life, thefe like wife being reftored to their former houfes, fa¬ milies and goods, may chcerefully en joy the beneficence of God who is beftand mightieft. Thcfccond law inferibed, * A law for reducing thofe who were banijhed INTO ISLANDS j (as I and my fellow prifoners have beene ) which runs thus. Moreo¬ ver ,we command, that thofe who are DETEINED IN ISLANDS AGAINST THEIR^ WILS , Jhall enjoy the benefit of this ourprovifion and care, to wit, that whereat hitherto they have beeneJhut ttp on every fide in the narrow tliffesof Mount dues,and environed with the raging waves of the Sea, ;dm ACERB A ILL A SOLTTVDINE, ET ANATVRA HOMINVM PEN IT VS ALIE- NA TA LIBERATI>that now beingfrtedfrom that BIT- * E vfibiut A vit which thele Godly 2 ?iftiops injoyed under this before hit Clticll osfrrian 1 grant* workes. c. Ik), WhenS. Iohn was baniihed by that barbarous Tyrant * Falgentius, fDomitian into the lfie ofPatmos y for the word of Co.f and tmrn disc. Pe * te fi imon 7 tf frfos (fhnfrfr\c. had the liberty of the Tfle,and Epift. Epifc. ^ en an d > as appeares by Rev. i. p. to. 11 .i$, in Sardinia Ex- Where the fpirit of God exprefftly commands him, ulum, WRITE tin things which thou hafr feene 3 andthe things which are , and the things which fhall be hereafter : and Rev. a.i, 8,12.18. c. 3. i. 7. J4.4,r. 14.1 i*c. ia. y.c. 21. y; He is oft enjoyhe.lto WRITE, this and that ; 8t in his exile, * Eirflbius Ec- as * a ll accord, he writ this boeke ofthe Revelation. If Saint clef Hift.1.3. John had Co much freedotne in his exile, under this or8, bloody and periecuting heathen Etnperour r Domitian i it cannot be lefle then the extremity or injudice todebarre me iucli liberty in my cloft imprifonment and exile, un¬ der my mod gracious and Ghriftian .Soveraigtie. Alas ! how ftrangely babarous, inhumane and unchridian are Prelates, to deny me and my fellow prifoners the liberty ofTSoofeSyRcn^ I»kf 3 and Paper,to order alt tetters to 3 or from J .to be intercepted m onr clofe imprifonments even in exile, when as fiich iigorous ftwerity was never cxerciftd to¬ wards Chridians, by the mod cruelLperfecuting Pagans 1 Thai Mr. Prynnes Arguments. Tk,t the mfliB mg e f,hef e tariw kinds of Poim , m fumjijments on me for one and the fame (■(fence t is againft the Law of the \ecdme. 7 1 I? e » t //^ e * of J’/f RiC ' 2,r ' i JL theyAhjhers offalfe Newts, lies ,, and Fable* aguinfi f dates, Dukes Peeves ofthe Realme,fk«llbe puni/hed- ffff kim ^ onr!9ant s without fine, or corporall punift- 4 . andp.y-hil. avd Mar. Dyer. 155 . a 0Amis Cafe, it Was irefolv'A that he for/peaking horrible andfUndercut words agAtn/t Queene Mary, could only be imprifoned at the Will of the Qiteene, according to thefc zsffis, not pillared (life imprifonment in a forraigne Ifland,without any eaufe, or convening of mee before the Lords. In t he laft eaufe there is all this; and not onely a clofe imprifonment of me in a forraigne Ifle but that feconded with a diredi Order, that no friend or perfon but my keepers only fhould once lpeake with mee, that all Letters to meeftioidd be intercepted, and that I (hould neither luvc the life of Pen, Inke or Paper at any time , fomuch as to write for neceffmes,nor the ufe of any books ( though licenfed ) but the Bible,and fomefew " bookes 201 M r . Vrynnes Argument. bookes for private devotion. A prefident which no agecan parallell. lo.In the firft there was no ope libelling again ft me in Pul- pits,and that by fpeciall order and command from fome prelates,entred in their regifterstin books prin¬ ted by authority,and in the high-Commifiions,no burning of my pictures at the open^High-Crcfie at Cbejier , no ranlaking of my friends houfes, ftudies, bookes, writings and vexing them in the high-Commiftion. In the fecond all thele vexa¬ tions, oppreflions, and injuries concurrc. Such difference is there betweene the proceedings and cenftires in calcs of Prelates, and of the Kings Ma- jeftie, and all other perlbns. Neither had the firft cen- lure againft me beene lo extravagant, multifarious and ri¬ gorous.had not the prelates beene the promoters ofit ; and infufed their rancorous influence into itsdenuntiation,and execution, God deliver all innocent lambes, from fiich blood-thirfty,and mcrdlefle * Wolves, * wbofe verj tender * A 3 s 20.19. mercies are cruelties , and have proved fuch to me. For " Pio.it. io> when they could not ftrangle me^as they endeavored) in three feveral pillories, murther me by duplicated wounds, drowne me in my winter voyage through dangerous Seas, ftarve mee by ftripping mee of my mcanes and calling, and {hutting me up dole priloner, not allowing me any maintenance or diet to fupport me at home; they would yet trie to familhme by an exile , and moft ftrid dole imprifonment among ftrangers abroad,where no friends nor letters might have accefle unto me ; and when all thefe fayled,they would yet martyr mee in my bookes, and portraytures ( as an heredque,) which they publik- ly but nt to alhes, to manifcft, that they would have done as much to my perTon,but that they wanted power; And yet after all thele tortures, and vexations, (enough to fatiate the moft malicious, and content the moft revenge- Cc 2 full 201 M r . Prynnes Argument. full lpiric ; their rage is not yet wholy diverted Point 23. fjr 1 Hat the ChpfW Me*. .c _ c fence : that the fining of them for it in the High - CommjJp.jn at Y orke, and the burning of my pi&ures . by their order at the High-Crofe in Chefler it a - guinff taro ; and that the Comm’JJioners have h red a Premunire t hereby t incur *• T"* He vifiting of Matter Prynnt by his friends, in his 1 pafTige, can be no offence at all 9 firft became no Law,Statute, Proclamation nor yet order of the Lords of Stai-Chamber prohibited it , and » vhcre no Law is tbc-e is no tr^orefiim, Rom. 4. 15. Secondly, becaufe Tr dtors andFellons with other criminalJs of the higheft nature may bee, and are dayly vifited by their friends without any reft raint or offence in all places, where they are nnpriforu-d , the Lord Deputy, and Archbiftop though committed for high Treafbn by the Parliament, be ng thus day !v vifited by their friends without offence or ctn ure Much more then might a delinquent of iuteriour nature, be vifited by my friends in my paf„ l ages: Mr Vrynnei Argument. 203 lage , cfpectaJly when they thought they fliould never fee mcemore. Among (he Ecclcfialtrcll Lawes of King Edward the elder and Gutharnc the Dane, / meet with this aft * c. IO Si cni membrum corporis [celeris ctdmiffi » „ f cawa pracidatnr ( which was onely in cafe of capital! cone Tam if crimes ) iCque has nobles faperftes fuerit , c;ttifqne deinceps 39. ' ’ *' 1 M C P ZJ A 8 , clHt (jfts vulntri medicinam 9 ant an:mo ’ 2>e membra cenfoLitionem adbibeat, It was therefore no cff.nce in t * l,nei,u P , llttt- thofedayesto vifit malefaftors after judgement denotm- f dtm f* b ' ced again ft, and demembration executed upon them j the tl ” eam ' Biftiop was then to lictnle men to vifit them, in cafe they were Excommunicated for thole offencesasthisclaiifie imp tratatamen ab Epifcopo vent a 9 imports# Thirdly, bec. uie the vifiling of prifeners , and other efflifted per* fons, is a Chilian duty, inpoyned and commended by God . an i Chrtft in Scripture, where the not vifiting of'them # Is likewife branded for a damnable fw , Matth. 25.3 41.42.43,44. lames I, 27. tAFis 28. 10.14,15 30 31. Cap 24.23. Therefore it was no offence, but a Chrilfian and commendableaftfin them, to vifit Mailer P ryme. Andfbnotcenlurableby the high Commilfioners] un« lefie * Nihil nifi aliejuod grande bonum d Neronedamna- * Ttttvtiutu tum^ may berighrly verifyed of them. atpolafu. 11 it were an offence jet it was onely civil!, puniftiable in the Stir-Chamber, where he was cenlured, notin the High-CommilTion, which hath cormlance onely of Ecclefi fticall ciimes. N w the h’gh Commiftioncrs themfelves acknowledge this aft meerely civill, fiiftbe- caufe they * confefle it an affront or contempt againft , ... theStar-Chamb r, where Malfer^rywc was cenfured, tlf( "' J/ d r fei [l for prt uppoled libellous and (editions bookes , n t fures , againft againft any Eclefiafticall Court, wherein he was never Cbefitrmtn. cenfured for any Erdefiafticall crime. Secondly, be- caule they i rpofe on the Ch/fer-mcn a temporall ptmilh- tnent, as fitting , impifinmert , and an acknowledgement Cc* pf M r . Prynnes Argument. 2 04 of this offence in the common Hall at Chefter before the CMajor, eAlderman , and others there affemblcd • not aa Ecclefiafiicall excommunication. Thirdly . becaufe my pictures being no Ecclefiafiicall,but civill things, ai rf I no excommunicate perfon , the having of the one, and vifiting the other, could be but a civill crime, if any. And fo the high Gommiflioners queftioning of them for a meere civill thing or offence , mud needs involve themfelves in a ‘Tramunire ; as will be cleere by thefcin- fuing prefidents and authorities. 3. Dward the firft, among thepreferments in SZsEyre in that yeere 7 I findfome Ecclefiafiicall perfons prefented , for fitting others , and for hould- ing rlea in fpirituall Courts , for things belonging to the Kings temporal'/ Courts 9 in derogation of his Crotvne and Dignity 7 for which they were fined and imprifioned by the Jufiices , And that by the Common-Law, before the Statute of Pre • munire. 2 iv E. the firft, In the Tlear of the Parliament Plac.17. andin DorfoClaufo 21 . E.i.m 3. John Archbifihop of Yorke in his fpirituall Court fued\ Excommunicated , and thereupon imprifioned in the Caftle of Durham, William of Willicon, and John Rowman, fervantsto theBi/hop of Durhamf/JW abfent ,) for the cujlody of certaine Lands , to which the faid Archhifhop pretended right ; The cujlody of which Lands , being a temporall matter , belonged not to Ecclefiafiicall cognifance 7 The Archbijhop refufing to abfolve and inlarge them , they complaine , and fued him for this unjufi proceeding , in Parlia¬ ment , & t HI I f 1 n : a li P i)i it ' !m f» 8! A Y { a J 205 M '.Vrynnes Argument. ment '•> where after a long and full debate , it was at lajl refolvedby the whole Parliament that the Arch- btjhops excommunication of them in hisEcclefiafticall Court for a temporall thing , was a high contempt a- ga n(l the King-, to the Difinheriting of his Crorone and dignity j Whereupon the Archbjfhop(though great mediation and friends were ufed in his behalfe) was by the whole Parliament adjudged j fir ft , to be imprifoned. Secondly, to make his fubmijjion to the King- Thirdly , fined 40CO Mar kgs to the King (a great fine in thofe dayes:) After which the Arch - bifiiop making many friends to the King , he at lajl accepted of his fubmijfion , and pardoned hit impri- fonment , but would not abate one penny of his fine , for which he made him prejently enter into a Recog- nifance of 4000 markgs , for the payment thereof. All which appeares by the record it felfe. T Hefe high Commiflioners offence ( in which the Archbilhop of Perks waschiefe,^ in cenfnringmy friends far vifiting mee without any colour of Law or Reafon, is far greater, and favours of more malice, and injuftice by far, then this Archbifhops crime; and fo de¬ merits a more heavy cenfurc. 44..T7 Dward. 3.3 6 . Brooke Fremunire 5. If a a j Vicar Lead, his Vicaridgeforyeares or life, rendring rent , and fue for this rent in the Ecclefia- Jlicall Court j a Fremunire lieth again ft him , becaufe the rent refervedis a lay thing 5 theft three cafes were before the Statute of Fremunire. i6.Rich. 20 6 M r .Prynnes Argument* 16.Richard %.cap t $. It was inatted, that if mg fur chafe orpurfue , or cattfe to be fur chafed or pur - Jued in the Court of Rome , or elje-where , any tr inflations, Proctflfes • Excommunications , Bub, Infiruments , other things which touched the Kimr cur L'ird•> againfi him , his Crowne or Regality $ or his RealtAc , that their Notaries , Procurators , Maintainers, Abettors, Fautors , and Coun/ellors fhall be put cut of the Kings Protection 5 Lands and Tenements,goods and Chatties forfeited to the King , or vifit a free chappel or place exempt j he incurs a Premunire:/^ Barlow Biflop 0/Bath ^Wells for vifitwg the Deane and Charter there - of incurred aPrcmumre,in King Edward the fixth dayes 9 as Brooke there relates :for which hee was glad to compound , And before him, William Bate - man Bifhop of Norwich did the like , for vifiting the Ably of Saint Edmonds Bury , for which he was fined 30 Tallents ofgouldto the King } (amounting to 30CO pounds or more) as Johannes AngHcus, Hiftori relate. If the mere vifiting of a lay fee, or place exempt, de¬ merit f'uch a penalty, much more the fevere pu- nifhment of th eChefier-men, onely for vifiting Matter Trynne , delerves a (harper fen re nee. KeitwayF. 182. Halls CronicleF. 50 Fox Alls and monumentsp. 737. 738. Richard Fiunne , a Mar- chant Taylor in London, Anno 1514. brought a Premunire by the advice of his councell, againft Thomas Dryfitld Chxke parfon of Saint Mary Mat - D d fulon* 208 M r . Prynnes Argument . falon, his aiders and abbettors, for fuing himTn thefpirituall Court for his childs bear ing-fsect e, as a mortuary , to prevent which fute ( "at which the Clergy were much inraged ) Fitz-Jeams then Bifliopofz:^*, his Chancellor,Chaplines and others confpired againft the (aid Hunne, and mur- thered him in Lollards Tower, for which (brne of them were executed. 7 -Henry 8.Keilway, F. 189.184. Dottor Stan- dilh was cited and cenventcd before the Convocation fir affirming, that the Exempting of Clergy-men from temporal!IurifdiBion , r»as not de fure di- V *’?° { ^ , Ecckfiaflicall Laws, andConflitutions obliged none but thofe who voluntarily received them • That lay-men-, might withoutfsnne puni/h any Cleroy - men, byreafonofthe negligence of the Prelatet 5 That thefiudyof the canm Law was to be rejelded be - caufe it cont routed divinity itfelje,, whofe handmaid it is i and that Jo little of the volumnes of the De¬ crees did bind Chnfiians , that one might hould it all m hisfift 5 Vpon this Citation, all the Fudges of Eng- landj the Kings learned councell of both Lawes , civil/ Canon and Common, with divers of the Parliament, met together at Black - friers 3 where , after full de¬ bate of the caufe on both (ides , they aU joyntly and Clearly refoved it hat aU thofe of the Convocation who had their hands in awarding thefaid citation aeainfl nocJorStm^for maintaining the Kings temporal Iurifdiaion,were in theCafe of a Premuaire. m if I F this meere citation made thefe incurre a.'Premanire, much more doth the Torke htgh-Commiffieners ceniure, ( a moft extravagant proceeding) fubjeft them to the penalty of it. H ilary •?.5.H.8.Coram Rege,K printed in Queene Elizabeths time ( but omitted in the E- ditions fince )I finde this notable paffage. Page. 741. when the Bi(hop of Exeter and his Chancellour, mere by one body brought in a Premunire (forfuing for a temporall thing in the fpirituaU Courts ) which matter my Lord Privy ft ale cannot forget , I v retfoned with the Lord Awdly yhen Lord Chaun- cellorfofar , as hee bade mee hold my peace , for feare of entring into a Premunire my Jelfi 5 where - upon Jft aid t but concluded., it feemed to me ftrange. That a man authorized by the King , fas Jince the Kings Majeftie hath taken upon him the fnpremacy , every Bifhop is fuch a one ) couldfallin a Premunire; After I had refoned the matter once tilth the Par¬ liament Mr. Prynnes Argument. 211 lianient houfe , where was free Jpeech without din- gerjhere the Lord Audly, then Chancellour,*^- ttsfy me familiarly , hecaufe I was in fomefecret efli - nation, which he then knew j thou art a good fellow fyjhop (quoth hee) which was the manner of his fa- miliar fpeech j looks the AH of Supremacy , and there the Kings doings he refrained , to Jpirituall IuriJ- ditfion b an din another AH it is provided } that no fpirituall Law (hall have p'ace contrary to a common Law or Aft of Payment $ * and this * NotethiJ . ■werenot (quod hee)youBiJhopswouldenterinwith the King-) and by meanes of his fuprensacy, order the laiety asy ou lifted) But we will provide (quod hee') that the 3 * Premunire Jhall ever hang over jour * Note this * heads , and fo wee laymen Jhall hefureto injoy our Inheritance by the common Lawef and Aids of Par¬ liament. Before which he in the fame Letter hath this notable, paffage .Now whether the King may command againfl an Aid of Parliament , and what danger they may fall in that breaks ^e Law with the Kings confent, I dare fay no man alive at this day hath had more experience , what the Judges and L twyers have faid-> then isfirfl I had experience in my oldmafter the Lord Cardinall , who obtained his legacy by our late Soveraigne Lords requcjl at Rome 5 and in his fight and knowledge occupied the Jame , with his twoCroJfes and MaCes borne before him many ytares : yet becaufe it was againfl the Lawes of the Realme, the Iudges concluded the offence of the Pre- tnunire .* which conclnfion I bare away s and tookc it for a Lawef the Realme fecaufe the Lawyers fofasd , J Dd 3 but 212 M r . Pymes Argument* but my reafon digejled it not, The lawyers for confir¬ mation of their doings 3 brought in a cafe of the Lord Tiptoffe, as I remember , a Jolly CiviQian j he was chancellor to the King 3 who becaufe in execu¬ tion of the Kings Commijfion , he had offended the * See Mtlkjbed Lawes °f the Kealme 3 hcefuffered on Tower Hill * p. n 9. they brought in the examples of many * Judges that 144. 4H. to had fines fet on their heads in like cafes , for doing ’’Note. Ogainft the Lawes of the Realms, by the Kings Com- * See this in mandement 3 and then was brought in the * ludges 0lit ^ ■> not to ft a yany procefies or judgement for any commandement from the Kings Nlajeflie. And one Article againfl mf Lord Cardinal! was, that he had fThis is con- granted injunctions to t flay the common Lawes jand cha^a'c upon that occafion Magna Charta wasfpoken of,and E.3”^ i8?e !mas made a great Matter to Jiay the common Law, 3.Statute j.10 And this I learned in that cafe . Sithens that time E 5 xi ^cing of the councell i ) when many Proclamations 3 ' 4 were directed againfl the carriers out of Come , at fuch time as the tranfgrejjors fisould be punifijed , the ludges would anfwerjt might not bee by the Lawes : * 51.H.8.C. 8 . whereupon infued the* att of Proclamations 3 in the 34.H.8.C. 4 3- pfffing of which att many liberal! words were fpoken, and a plaine promife , that by authority oj the Alt for proclamations^ nothingfimild be made contrary to an aU of Parliament or the common Law. It is not yet full twoyearesagoe 3 fence in a cafe of Juel?, I was faine with the Emperors Embafjddcur and after in * Note. the Emperors Court, defend and maintaine * by com¬ mandement 3 that the Kings of this Realme were not above the Order of their Lawes : and therefore the lueler \A v Prynnet Argument. 213 Jueler y although hee had the Kings Bill Jigned y 'get it would not he allowed in the Kings Court , becaufe it was not obtained according to the / 951. M*. William Tracy ofToddington in the County of Glofltrffquire-, made his tp ill, wherein he declared his difhkeof tnaffe, and popijh merits . and that he hoped to be (li¬ ved by God onely, and not by any Saint : his forme camming to prove his will in the Prerogative office, the Arehbifhop of Canterbury brings it into the Con¬ vocation hrufe. who thereupon adjudged, that Mafer Tracies corps fhould be digged out of grave and burnt for unheretickg. The Convocation and Arch'oifbop in projection thereof fent a commiffton to Do&or Parker Chancellor of theDioceJJe to execute this fen- fence, which hee did accordingly. King Henry the eighth hearing his fubje&s body to be digged up and burnt without his privity, againff due order of Law, fends for the Chancellor andchargeth him with this offence : he excujes himfelfe on the Arclbijhop (then newly dead) jwt this would not acquit him, nor wipe off his fault , he being forced to give 3 oc, pounds, to procure his pardon. ' I 4 O burne the pi&ure of a living man convi&ed of no herefie or Ecclefiafticall crime, out of hatred to his perfon,and that by order from an Ecclefiafticall Court in a publique and difgracefnll manner, at the high Crofle of ffhefi er , In the prefence of the Major and Citizens, fo- lemnely aflembled for that purpofe, with the meflenger Handing by in his coate of Armes, is well nigh as great a crime, as to burne this dead Gentlemans corps, after a le- gall convi&ion of herefie, as they then fuppofed5 and therefore merits as great a penalty as this Chancellor paid for his pardon, if not farre greater, all circumftances duly confider. In M r . frytmes s$rgnmctjt. 215 In Franee the burning or executing of any man by ef- figie, is equivalent in Law, and as great an infamy as the execution and burning ot hi? perfen: The trampling of*R. eg ifter of the*Kings Seale or writ under leete, is an high contcmptWnts,pa.i.4f againft his royall perfon, punifhable feverely by the law a,ll8,a,n *** * cbryf .fi emet preaching againft the filver pifiure of the Emprefle fudoxia, was deemed a Efficient ground in a *SocrttesScM. councell of Bifhops, both to deprive him of his Arch-bi- * c ' l6; fhopricke of Conftantinople, and t o bamfh him. 1 he * cbryfoft.tdp- overturning and abufing of the Emperout*7'Atfw£>y?«# hi t pulumAntiocH*. ftatue by thofe of Antioch was adjudged fuch a capitall crime, as threatned an utter overthrow and deflation to «e» and Grim- that famous City, which hee determined to rafe and dc- fhn in the life ftroy, had it not with much interceftion and fiibmiffion of Thcodofvt ofthc delinquents beene prevented: Yea,(bine of our own t,,e e ^ r * martyrs have been burnt to allies for abufingand burning the Image of a popilh Saint, and for but ipeaking againft fT** A ^ tan * their worfhip, and three men were hanged ,rAnno 153 for burning the*rocd of Dover-court. the old ed*i- From all thele premiles, I conclude,chat the High-i tmrj ani1 I,K comple- *“ in Ceirord “ fet - ™, The firft Letter. To the mod Reverend Father in God mv v erygo°dLord R ,c HARDjL or dA rcJ. ^ hfll ° P t ° f y° rke f - h‘s Grace, Primate and Metropolitan of England, and one of cite Lords of H.sMa>efticsmoft Honorable Piivie Conned!. M My humble fervice premifed, 8? c . AY itpleafeyour Grace /* be udvertifedt I Mtelately tnto Lancaffaire/o vijitemy el- • ,fft fonne, rrbo hath long lyen here very iU end unable tojl, rre j abfeneejrom Chefier] Prynne _ The Bifhop ofChefi ers Letter s to Tori?. a! 9 Prvnne 0 hat twice centred Lawyer) was conveyed > You (hould to Carnirvan-Caltle ^ but in hisptiffage was 2 enter- ^ ave done t arned d'Chefier by four e fall ion citizens with or eat ^ ll j° h f e Jldemnity which (becattfe 1 conceive it affronts the pa^ofaVin-* State to give fuch countenance tofo b infamous an former ) not of enemy of 'wth the Church and Common-wealth) /LtSyoT'’’ thought tne *t to c a -djuvntyour Grace with it 5 and to ^ oc ' deft e your directions therein. b I wifliyou The men who did if wcrefirfl one Calvin Bryan W p^JateV* (a filly y but a very /editions fellow who hath lately been wc " c no more Sheriff, of that City') Th» lhe „ n) rede „ meet hi m^and brought bwtjollily to his ^ houfe, where then he is. he gave him a great fupper. Another: name is John * f He was there Alder fey, an alderman ofchejler , who (with his chiefc'promo> wife) in her feminine zeale burjl out intofome idle wrandinfor- dfcourfe at their meeting. The other two. , were Peter "y^. Fat!- . I nee, Stationer, and Robert Ince, a Hofyer. 'I my hood, is here felfe have no authority in Chefler to punifh them (but both 3 in ’ what my Confflory doth ajjord)notfo much os a'Jit- SST^J* ftice of Leace to bind them to the good behaviour 5 fprwderof for example toothers of that Jlraine. This Calvin true * ¥,i'y$r\(asjoone as Dolt or Laytons Hooks came forth e Fitt 7 C M Syons Plea) cm of.hem mtohiijl,op ; which {as ijooneas 1 heard) ifent ondtook? it away fo good a from him > and then being threatnedand affrighted , ?v ,,{ ' . he faithfully promifedfuture conformity. As for Ro- anaX,^ belt Ince , he was (though manyy ear es (ince) made to ^ ci * ’*•" , r _ nr r ^ ,, _ . ^ . farm as an in- *mer. £ 3 d* 220 k See whatufc the Prelates make of ax officio Oathes, to caufe men to betray themfelves, when they want oroofe againft them. *By what Law muft men cur¬ tail Gods fer- vicc in their ownc parifh Churches, to daace atten¬ dance on your Rochet at the Cathedrall ? *It is to ad¬ vance your owne pride and pomp, not their falvation. 1 Therefore yon were the chiefe profecu- tor. The Bifop of Chejiers Letters t o Torke. doe pub like penance in the Cathedrall of CheJlcr fir fck 'ifmaticail (perches, by fentence of the high Commif Jiott: And for Peter Ince, we have no other Statio¬ ner in that City, yet no TuritanicaU boo kgs but our Ci¬ tizens get them as foone as any, which I fuppoje come by his mcanes , though he befo cunning as it will hard¬ ly be dif covered, unleffeby his owne anfwer upon his h Oath. And for the Alderman (efpe daily his wife'they much bemoaned his perfection ( as they call it) and 3 (puke diverfe words about his cenfure.All thefefeldomc 1 or never come to our Sunday Sermons in the Cathe- 1 dr an, although I have * ordered the other Treachers in 1 the City, to end all their Sermons before ours begin: wherein I moji humbly befeechyour Graces advife and 1 ajjijtance, to bring the Major and their Brethren to 1 our Cathedrall ( at leaji on Sundayes) as in other Ci- 1 ties they uje to doe, that I may have k mine eye on their behaviour. Ijhall await your pleafure herein, ' and follow pun&ually what you command. Andfo moji humbly (with my prayers to God for all happinefe uponyou and yours, with long life to enjoy it) I take my leave and refi Lever, 2o.Auguft \6%j. Tour Graces in all obedience Jo. CESTRIEN.* The Bijhop of Cheflers Lett err toT orkg* 221 a By what law can you im- ilot\ The Bifliop of Cheflers ficond Letter to the fame Archbifnop of Yoike. After the remembrance of my humble duty: M AY itpleafeyour Grace,1havefeizedonfive Paime/for the Pi&ures of Prynne, drawne by the rainier drawing in's . Pultord, novo a a prisoner at Torkc ('which are all that I can hcare off) and I nova defire your Gra- ter honour ro ces plea fure for the d/fpoall of them whether you will frnd them to have them fent to Y orke (which Ithinkp b too great re ^ 0 y’ e ^ [° an honour for fitch a wretch') or c facrificed here to Carnarvon & Vulcan, eitherpubliquelyinthe Market, or privately If^h-marty- before fomc good witneffes: you may pleafe to Jfgttifie ring then of myfervice therein , and it fhallbc aWe.Calvin Bruen Pictures was with mee, and told mee , heewasdifmifedbythe Lords of the CounceU '■> I craved a view of hk difmif- this Prelate, lton , but I find it k rather a remiffion or tranfmijfion rc ofhimb.tcke to the HigfrCommiffion at Torke. Hee t j, em fora C d cannot deny that he went out and brought Prynne burnt offering. into Chefler , that whiles hee was here, hee e befiowed - t ^p^ d oat e £ y wine upon himThat at hk going hence , hee brought for he neither him out of the City on horfe-backshe minceth itfome- jth what, and faith, it was but halfe a mile, and I beleeve him, norfp'ake itbut thk halfe mile kfoftrre as I ufe to bring the to him till he 1 Lord Deputy ^/Ireland, when he hath been myguefi hls in Chefler,and to go further would be a trouble to him. «Only one Jf that Calvin Bruen fhalldeny thk,* r muflwitneffe pfoteupon h; s againji him,that he hath confejjedfo mueh to me. May were very familiar with tins great Traytor: and if Bruen deferve fuch accnfure, f or hiving Mr. Prynne but halfe a mile in his way; what doe you for accompanying a Traytor fo farre ? Jour 222 The Bijhop ofChefiert Letters to York,e. your Grace pleafe to give me leave to interpofe my opi- 4 nion. I would advife , that the Court be not too hiftie chery'of p!*' the d?[patch of t'hofe men , titt I have h fe arched a brcs, to e*a- little into the depth of this bupnejje $for I came but a friend? 6 " m a weekg fince (being witlpiheld in Lancajl)ire upon fome net of purpofe firvice by his Majefliet command ,) andJbmewhat I to accufethcm he are which (if I find true") will mi nifter matter for a afterwards. j cenfure , but I would not few onlyfisadowes to 1 A heavy one that Honourable C ompany , but certainties , and of fab • ii you pleafe,& ^ at tce Ifall* retume it within afortnight. 1 htare of had.buuiot 7 one Boftock (a Lawyer ofthe fir ft head)yct one that found one, hath home enough to runne withal! againjl Ecclefta - for the Par ha- S ic all authority, and as bulie for * Prohibitions as the judged the bejt: This mm ( theyjay) is informed again]t> and contrary. feares a fummonsfiom Torke-, for he was more inward thcrefor^the P r >’ nne than any other. Ifhee come before your chiefe advifer Grace , I pray examine him narrowly about fchifmati- and informer ca fl hookgsfor I verily beleeve there hath been no Li- r/nd as for bellosts orfcandalous Pamphlets pnblijhed either from Prohibitions beyond Sea^or printed in Englandfor diverjeyeares, your fiomack but ^ if anc * differ fed it j hee hath been a it feeme?Jou great Conventicler (as his neighbours affirme ) and (if would be report bee true) of long acquaintance with Prynne when hee wrote Jvs Libels , it may be hee afforded him fome helps there in. Men thought lately he would have been a Minifter , but about five yearesfince he began to find) at the Innes of Court if now become a Lawyer gowned. He hath been(as iheare) a great expounder of Scripture in private Families , and a follower of fedi - thus Minifters at Exercifes as they call them. If any of thole who are before you have acquaintance with him lawkfle. The Bifbop ' thcn ample fake, and others who never/pak? with Prynne, dfffl feow or be (lowed any curtefie on him (but ouely in curiofity lelfc .mJ fair him as a (ligmatized 0 monjler) bee /pared till ^ ^ Sufficient matter appeare agaiafl them (ff or iheare a "Here you per- clamonr of the people that fomefuch are fentfor,)your fvvadc > a ? d ad ~ Grace will hereinfiew your zeale ofjuft ice againjl the mentbSg for one , andyour wijdomc and mercy to others, tvho com- infonnej and plaine they are P undone by their charges alreadie ex- o^^fee pended. I know your piety and charity , that you would mcdTmonftcr have both offenders duly cenjured,and innocents freedj t0 man y p - 7*« and therefore I need ac'lde no advice of mine own here- wSe Lowne in. Bui praying God to bleffeyon with health , longlife , to the world as and at lajl with etcrnall happinetle \ I red 1 /i fy well as manA«« Clufter, Notr.io, 1637. ' Prynne,! Tcur Graces in all obedience j >vould be the° U Jo. CEST R.IEN. g'eateft ftfilter --— ■ - --- of the two. P It is great The Bifhop of Chefters third Letter to the faid Archbifliop. mercy to un- doe poore men - uuc puure mci 7 \/| r^k'ktj’rctxminJ : M«it d , X V JL Grace, I came to Clxjter lately , having bcene ment of God held thence longer then J intended , by the * dfperate upon your fickneffe of my eldejl Son, and the \ucceeding death my (econd fonne, and afterwards by fome fpeciallfcr- fhould have vice commanded by his Majefly. rind here J find all pughtyou* . things fo clofely fkut up infilence, and thefe waryCi- t’/ieJTtoperfe- tizens fo affrighted, as little or nothing wiU be difeo- cure your vered about the entertainment of Prynne, more then F f what bout*. 224 what your Grace hath already heard. Onelyin thTe^w * Therefore it ?f Pe j er * nce !j ii wife, I perceive her huff- wjs the leffe band h it h an of,indent*acquaintance with Pryn>i*. ^ZL h rf 0r t 7 ? T n ^ ifl theT °™»f London *»* hu firjlcenfnreforhis Hiflrio-tmffix, this Pet r Ince yip ted him (a prif'oner)thcre. The Lords of the Vnvie Councellhad notice of fbme fitch matters , for above a monetbfince they wrote downe to Cheffer for a fearch to he made in hishonfe for feditious booker which was accordingly done , by the then Major,bnt'ull the birds were flow ne ere the nefi wasfearched, and I -Why not h l l v™l° m ° re Win hc , di f c ™red then what thofe Cheftrians, or * f 5 ftMfo'noW at Tor kg can revedlc unto you Chriftians ra- As for the wife of Thomas Alder fey the Alderman, » You were lexa, ffnted her (as I did the Other) pun&itally to e- then both m- very clause both of the original'larticles , and the addi- neSnTS" the office by in thi€ cafe. ‘ c If^S er * If foe fore ar es trucly 3 her offence is not ‘Nortoyaur anfwerabletothe*report. Foritfeemer , Peter Ince his brother Robert Ince Llkfmg throdgltke (Ireetswnh Prynne went toSfohnsChurchfthep'ace jpherc ft ones fay, K , Edgar was rowed over the River Dee, by eight Captive Kings) {which the great Ship lately built by the King relates unto ) and in their re - turn home war d,t hey brought Prynne home to Alder- leys houfe S where floe was fitting with other Goffps , ^neither expend nor invited Prynne, did pe fen a for a drop of Wine for him , or beff owed any o- iher gift upon him (as fie fuppofethto the worth of a °f at fft e °f a P int offline, which Jhc 6 her Goffips were then a drinking,ere he came in. I muff \ T he Bifhop ofChefiers Letterj to Yerke. 225 / mufl bcleeve this to be fo, till ^ 1 finde out fitrt fyer * Yet you will matter jvhicbyoHfhallcertainly know , if it he worth be no rcriting. mer.it is below As for that Calvin Bru?n , you will need no fur- you. they proofe then his own conf fftonfandthe attefiation ■ of his Companions') he confcfjeih to me , T hat he * wait * This is one cut of the City , and fetched Prynne in. and bellowed ofyourowne Wwe cn him ,rchiies he was there, and rode out with tables * him when he went thence , and perhaps upon his oath he will further confejje , i hat he invited him to his houfe, though Prynne * forbore it,finding him {as who will * w!)y tIlt . n not if he heard hintfpeakg) a filly fellow .- / once too kg informed you from him the hooky:ailed Syons Plea for which Lay- £^°“ r ^ ^ ton loft his cares. ft,p^ there?' I wrote in my l ft letter to your Grace fomewhat of A neetis * one Bollock, a Tong Lawyer , but an old a ruritane. I g °° d memory * could wifi,) that ( b whi.es he hovers at London) Mafler * Your fclfe ia Blanchard or fome other were fent by authority from dml went for Torketofearchhisfiudy (but they mu(l have power fuchaone.but to breaks'open his doore , or no good wifi be done,) for certaine/y he hath more fchifmaticall bookgs , unlefie hypocrite. this noyfe hath feared them away, than any one man in my Dioceffi : but you muft get them out , either byfuch lS™' a fudden fearch, or by his owne examination on his wretched tre- c oath by fome ofthe Brotherhood , for I can doe little 'S’* jSrn'i!* Jervi cc i n it • cious counfell, 1 have d certified my Lord of Canturbury what paf- W3S ex " fages havebeene (ince Burton was a prifomrin Lan - c You are Hire c filer Cafile,and at his departure thence They are not Puritans will not forfweare themfelvcs like Prelates. d And are you not then a common and malicious informer, and Cdnturburics fpie? Ff 2 worth 2 i 6 ^—^ihe Bifijop ofC he fieri Letters to T crke. worth a repetition andfuit . I underftandhis wife was made much of by fome Puritan neighbours there a- , bouts: rvhen the dtfc every is per fit ed, Jfioall make bold to acquaint your g race void) it. Meane while with the tender of my humblefervice to your Grace , and my Prayers to God for your health , honour and happimffeff reji. Cheftcr Novem.io- 1 6 if. Tour Graces in all obedience-) Jo. Ces TRIEN. Rev mo lob ■n£' her ‘ !L ' mm >y' : ‘U may partly difcrne the «ev ii.io.io». XJbitter malice, venome and treachery of this avaritious Prelate, who to fave the Devill a la- bour, will needs ufurpe his office, and prove a common acculer of, and informer againft the Brethren, even for an ad of charity, the vifiting of a prifoner, one chiefe part of a Bifhops office in former times5 who now are degenerated into fuch Wolves and Tigers, that they utterly aban- don all chanty,pity,and common humanity from themlelves, and periccute them in others a c the premules demonftrate. It will be but equall that thefe tyrannical! bloody Lord Prelates, fhould now be fo dealt within the Honourable Court of Parliament, as themlelves have formerly dealt with others,for frrre lelle criuies.than thofe they are now accufed and guilty of', and that they mould have judgement without mercy,who have Ihewed no mercy,and whofe tender mercies have been cruelties. Iam i.13: Prov. F IMIS. Errata. Kind Reader I fray cor reft tbefe oDerJigbts of the Printer in fome coffies . P Arc i. p.7.1.6. for new, r. now, p.22.l.l 9. dele.things, p.24.1.17. treachery,U 2 $,moderate, p„4 1 .J.20.& p.42. .5- expo ten led,expunged. Part 2. p.i. 1.7*4. r.t 4 th , p.32.1.12- all,aw/? of alljp^o. 1.8.committed,r0//w7?«/, p.640.1.25. were the , p.70.1.2 1. cafes «/, p.8o.l.4. the, fo, p.93.1.4. Cecrecy, p.p 6 . ] 4 caufed, I.29. were,Ww«,p. 97.1.2 2 his,r^,p. 98.1.18. ftrift,/row, p.95*l-1 6. canonic all, p. 108.1,27.• 1 T «i i c* >-i • 1 iri p^upyf:? v‘ sflV •?\, :■ , V r.^ ! ~ :- * -•,•«, ■ • • •••;• ... * »•-!* i 4 V » v * v ■ - • v i y% ■ r - -p sWiffi ¥ b I Sm«W> krt A N HVMBLE RE¬ MONSTRANCE TO HIS MAIESTY. AGAINST THE TAX Of Ship-money impofcd, laying open the illegalities abufe, and incon¬ venience thereof M OST Gracious and dread Sovcy raigne, wee your poore andloy- all Subje&s of this your Realmc of England , now grieved and op- prefled with the late Taxes ira. pofed upon us, for fetting out of diverfe Ships, for guarding of the narrow Seas, without a com¬ mon afifent thereunto had in Parliament, doe here in all dutie proftrate our felves, and this our Rc- monftrancc againft thefaid Taxes, at your High- nes feete, befeeching your Majefty of your R oy- A 2 all all Juftice and clemency, to take the fame into your Gracious and moft juft confideration; and thereupon to releafe us your poore Subjects, from the intolerable burthen and grievance, un¬ der which we groane and languifh. And here firft of all, wee moft humbly repre- fent to your moft excellent Majefty, that the Tax of Ship-money, is dire&ly contrary to the fundamcntall Lawes of this your Regime of England, which your Majefty both in point of Juftice and Honour, is obliged inviolably to pre¬ serve, according to the Oath made to God and your fubjeds at your Coronation,and your faith- full printed royall Probations fince both in your Anfwef to the Petition of Right, in the third yeare of your Highneflfe Reigne, in your royall fpeech in Parliament, printed then with your Command, and your Declaration to all your loving Subjeds, of the Caufes which mo¬ ved your Majefty to diffolve the laft Parliament, made and publiftied by your fpeciall Command 5 likewifehy 22.23. 42.43. 44. in all which, your Majefty to alt your fubjeds Comfort, have made their feverall Declarations of your royall plea- fure in thefe your moft royalt words t The King willeth, that Right be done according to the Lawes and Cuftomes of the Rcalme, and that the Statutes recited in the Petition of Right, be put in execution j that his fubjeds may have no eaufe of Complaint, of any wrong or oppreflion, contrary to their juft rights and liberties, to the prefervation whereof, he holds himfelfe in Con- fcience fcience obliged afwell as of his Prerogative. Let right be done, as is defired, and I allure you, that my Maxitne is, That the peoples liberties ftrengthens the Kings Prerogative, and the Kings Prerogative is to defend the peoples liberties j I doe here declare that thofe things that have been done, whereby men had fome caufe tofuf- pe Therefore not with this Tax of Ship-money not fetled, but being againft the feverall A^s, againft all the A&s of Tunnage & Poundage, and other fubfidies,which have been from time to time in all your royall Progenitors Reignes granted them either for yeares, or for tearme of their naturall lives, as a certaine Tax and Subfidie for the fafety and de¬ fence of your Seas, againft enemies and Pirats, and as a free voluntary Graunt, becaufe them- felves,by your royall Prerogative, had no power to impofe it upon the fubjemes,and Subfidicsgranted them for the guard¬ ing of the Realme, and Seas, by reafon of open warjres aforefaid, and «defenfivc,or both were not able to fupply and defray the extraordinary ex¬ pellees, never reforced to fuch Writts as thefe for the levying of Ship-money, efpecially in times of peace, but ever to the Parliament to fupply for the defence of the Seas, and Realme, fey grant of Subfidies, Impofitions, Difmes, Qua- drifmes, rated and taxed by Parliament, and not by your owne aothoritie royall. That is evident fey all the A&s of Subfidies, Taxes, Ayds, and Cuftomes, granted by your royall Progenitors, and efpecially by the 14. £.3. cap. 2 1. stat. 2. 15. E. 3. *SM. 3. cdp. 1. 23. 18. Ed. 3. stat. 2. Pratt.Stat. cap. 1. 25. E. 3.Stat. 7 . 36. E. 3.cap. 14.1 i. Rich. 2. 9. Hi 4. cap. 7. ii. 7/.4, 10. ^ 2 .H.%.cap.23.37.H.8.cap.2^. 2. &3.E.6. cap. 3 J.36. 1 .Ed. 6.6,12. E. 5. P.fr M.cap. 10. 11.5. Eet. 6. Cap. 29.13. Ed.3. 27.28.i7.£//s,22. 25. Eliz. cap. 14.1 5. 27. £/££ cap. 28.29. 29 * Eliz.cap. 7. g. 31. £#£ 14. 15.35. £//£. cap. 12. 13. 39. £#£. cap.26.27. 43. Eliz. cap. ij. 18. 3 « 3 ac . 25 . ti.Jac.cap. 33. 1 .Car. cap. j. 6. ^* 3. CVr. 6 . 7. exprefly recite the Ayd and Subfi¬ le therein granted were for the defence of thk Kingdomeby Sea and Land, the maintenance of the Navy, and fb forth. If rtoW thefe Princes that B 2 would —“.—-- ( f0 ) would part with no title of their juft Prerogative; and your Majefty your felfe have from time to time reforted for fupplyes by Sea and Land to Parliament, when Tunnage and Poundage and your owne ordinary revenewes would not fuffice, which they would never have done, might they have fupplyed themfelves by fuch Writs of Ship- money as thefe are, wee humbly conceive it to be againft the common Law, and that your Ma¬ jefty ought to run the lame courfe againe, and may not by your Prerogative Impofe this -Tax of Ship-money without common confent in Parlia¬ ment, contrary as we beleeve to the Petition of Right, confirmed by your Majefty as our un¬ doubted Rights and Liberties, and as the Tax of Ship-money is againft the feverall recited Sta¬ tutes , fo wee humbly conceive it to be againft riie very common Law, and Law books. Firft,by the Common Law every feverall Du- tie and fervice which ; coneert^s'the ifubjeas in generall Or great-eft part of them, that is uncertain and indefinitej not reduced to any pofitive cer¬ tainty , ought to be rated and impofed by a Par¬ liament onely, not by your Majefty ( as the partie whom it concerns)as appeareth by two notabieifl* ftances, pertinent to the prefentpurpofe,whereof the fijll is,that of Taxes uncertaine,which though adutie to the King, and other Lords heretofore lipon every voyceroyall againft the Scats, yetbe- jcaufe it concernesfo many, it could not be taxed* M by Parliament, Lm> a. py. p8. ioo. 102. F,. 1 .' -- *7 (n y^-^M^nvr 7 ^. B. 8. Cooke on Lift, feft f. 97. ioi. 102. Secondly, in Cafe of Ayd to marry the Kings or Lords Daughter, and to make his fonne a Knight, which though a Dude, yet taxed and reduced to acertaintieby a Parliament, not left arbitrary, 3. E. 3.cap. 35.25. £.3. Star. 3. cap. 11. F.M, B. 82. If then thefe uncertaine (ervi- ces and duties, to avoid oppofition and Injuftice, ought to be taxed in Parliament, much more the uncertaine and indefinite Tax being no dutie nor debt at all, and not yet preferibed or reduced to any certainty by any Law. - Secondly, no Difmes, Quadrifmes, or grand Cuftomes, and fuch like, can be impofed by the very common Law, though ufually fubfidies and fupplyes, but by Ad of Parliament, asappeareth by all them in Fft ^and Brookes Abridgements, ti¬ tles, Quadrifmes, 9. H. 6 .13. grand. Cufl. 26. 4. ■£• 4 - 3.4.5* FitzBar. 304.14.*£, 3.21. 2 6 . E. 3. cap. 11. 45.£.3.4. ii.Rich.2^g.Dyer.^ , i.6.%63. therefore much leffe the unuluall and extraordi¬ nary Taxes of Ship-money, amounting the firft yeare to ten fifteenes, and this yeare to three fub- lidies a man, of which there is not one fyllable or tittle in any of our Law Books. Thirdly, No Law can be made within the Realrae, tobinde the Subje&s either to the lofle of Libertie, Goods, or member, by your Maje- fties abfolute power, nor yet by your Majeftie, nor the Lords in generall, without the Commons confent in lull Parliament, as is refolved in theft B 3 common i — common Law Bookes,* 1, H. 6. l j.Ployd. i±m. \9* £ i J * Ftt V u "fdtZi. 28. Annum, the very rea- fon why Ads of Parliament bindeall, is becaufe every man is partieand confenting to them, 5. b. 4. 2. 2. £. 4.45.or4. H. 11.22. H. 1. y. Pl for the which their SS *** d i ft / eincd >theperfonsim- &£ to pay K) coi,cracy to Fonnhly everyfobjeftlutli as abfolute pro- ^h ?ln k hl , sG ,°® dsby the comn 'on taw, as he “ “ d thcref bre as your Majeftie rannotlawfully feaeany ofyour Subjcds lands, unleife byfome juft title or forfeit upon a penal! vnlnn? r Cond ? ion or by the parties voluntary comfent, fo cannot you feize upon his Goods, unlefle by fome Grant from the pareie nimfelfe, either mediately as in Parliament, or immediately for fome debt, or either granted you* in like manner, therefore not for Ship-money,un- lefle granted by common confent in Parliament. rittiy, it is a Maxime in all Lawes civill and common, and a principle of reafon and nature, guodtangit dom. aB omnibus debet approBarL Rer,is to. 11.9. This Rule holds in all natural! and po ¬ litique n *P >?r!// ' (ij ) &^y$?nx>nty S?f n0tlli ! 8is or can be effe without out he Lords of thc Parliament with- flif r m ° nS} nor thelcflerpart, without £an ^ f n^ ragain ? the g rcater part jin all thefe can doe nothing, either to binde or charge the reft by the Common or Civill Law. Your Majeftl therefore by the fame Reafon, being but a mem! her of the body politique of though the m oft excel lent and fupreame above all the Reft ^binding Taxes on your* Subjefts, without the common confent in Parlia- went, especially now In times of peace, when a Parliament may be called and fummoned to help® Siaaly, if your Majeftie fliallgranta Commifli- on, to imprifon,or to feize any of your Subie&s woods without any India mentor Proces of Law, that A-gytnLit (14) oTi/^raWet that hath been adjudged voyde and againft Law. 1 4*. H. 8. tit. 5. Br. Commission 15. 16. therefore your Majefties Writts to diftreine mens Goods, and imprifon their perfons or bodies for Ship- money, muft be fo too. And as your Majefty by your Letter cannot alter the Common Law, 6 . H . 4.5. io.ff.4. a 3* nehher can you doe it by your Writts, \i.H.a r 9\.Br. \ Vrerog. 15.4 9 -'« 37 .H.6. 27. $.H.9* *5* i8.£ Aaionofrhe Cafeiyethagainfthim andheM render all damage to the paroe. Your Majemes Officers imployed by you, undertooke to fec r the Sea this laft yeare, yet when they knew tn Turkes were pillagingin the Wefternparts, they negligently or wilfully left thefe Coafts unguar, ded to goe Southwards, to picke aquarrell with the Hollanders Fifhermen, or to draw them to a Compofition, not haying a Ship thereabout^to fecure thofe Coafts, but two onely in the Iriffi Seas, in the view of which fome of your fub-r jevas not impofed upon the fub- jed by the Kings absolute Prerogative, as this is; but granted and impofed by Parliament, - ■ «• with (37) with the peoples content, as Tunnage and Poundage hath been fince. This is evident by the Lawes of the Gonfek for, Ft ad earn infolentiam reprimendam,Jlatutum tft dare geldum , reddi conjunctim, &c. If there¬ fore at firft enabled to be payd yearely one dril¬ ling out of every hide of Land* to finde men to guard the Sea and Sea Coafts, againft the Danes and Pirates, that then this was certain¬ ly granted and enabled by Parliament, fince the King alone by his abfolute power, much lefie lofucha Writ as now iflfueth, could make no fuch Adi orannuall Law. Secondly, by this the blacke Booke of the Exchequer, H. 1, cap. 11. Ad injurtas igitur arcendas a Regibus Anglia , to wit, in Parlia¬ ment , where the Kings of England are faid onely to enad Lawes, and the Lawes then enabled are faid to be the Kings Lawes and A&s, becaufe his aifent is unto them bind¬ ing, Statutum ell ut de fingulis hidis lure quo. dam perpetm duos folidos argents folverent ad \ ufus noftros, cum fatfum & hoc legitur antique ' hg e > & c * • If then this were enaded by a certaine per- 3 petuall Law, and payd by an annuall Law, as is by this Exchequer Record appeares, then cer- j. tainly by an Ad of Parliament. Ij Thirdly, by an addition to the Lawes of 1 > King Edward the ConfdTor, Cap. 12. cited in. hi« f Hovcdcn \ d! ) 'WTrtvji/hvntt iifvedtn likewife, Annalium poferiorum pag.6of. which faith that every Church whercfoever fituated is-exempted From this Tax, until! the dayesof William Rufus, becaufethey put more confidence in the prayers of the Church, than in the defence of Armes, Donee tandem a Baro- nibus Anglite aUxiUdm r c quire b at ur ad Norman- dtam requirendam & rttinendam dt Roberto fug ' frutre cognomine Curt, concejfum ejl ei , non le¬ ge- fanettm atque frmatim , fed hoc neeefitatis caufa erat de unaquaque hide, qmtuor folidos , et- c left a non except a: dum verocolledtio cenfus ft eret proclamabat , ec cleft a fua repofeens libertatem , fed nihil prefecit , by which exemption of the Church and Church Lands, from this Tax, and this requeft 6f William Rufus to his Barons, to grant him their Ayd, to gaine and retaine Normandy , which they did grant unto him one- Iy for their prelent neceflirie, but did not an¬ nually eftablifh and confirme the graunt of foure killings on a hide land by Law, as Dan- gilt firft was granted, and that upon the lands of the Church, as Well as others, it feeraes moft apparent, that Dangilt and this Tax fuc- ceeding in lieu of it, and then taken by graunt, was firft granted by Parliament, and that then no fuch Tax could be impofed by Kings, e- ven in times of watre and nceefltfie, to regaine and preferv'e their proper Inheritance, but by Parliament. i’i Fourthly, ( 3 ?) c& v^T <,nc r. Fourthly, by SitHenrjSpilmd/z in his authori¬ zed! ( jloU^rj y i6i6.tk\c ‘-^^^ pa.zcop. lot. M r , Selden mills c Mare claufum, t6$6. dedica¬ ted toyourMajefty,andpubliihed by your Maje¬ sties. Special! coma.nd)6.2.cap. 11.15 •who both in¬ clude to this opinion, that the r b>angclt\y as mo ft impoied by royall authority, but given by the peoples full confent in Parliament, and that the taxes which Succeeded were not annually granted nor paid, but onely in time of War tefc.Covfult, eltam magnattbus gf Tarltamest, fecundum author it at em , the advice of the great men of the Kingdome and by the authority of Parliament. a ft hen this taxe of ‘Dangelt to defend the Sea^ was granted and impofedby Parliament onely with thefe taxes that Succeed it, not by theKings royall prerogative without a Parliament : This taxe for the SUipmoney alfo ought to be thus impofed,and not otherwife even by rheieprefent Examples. ; / Secondly^heD.'i^e/r wasnot impofed or cn afted in times of Peace, but if Warre ceafed? the taxe alfo ceafed in point of Lavy, and it is Iu- ftice according to theLaw andPhilofbphers rule, cefjartte caufa> cejjat effeefus, that the taxe lafted ana was granted, and Jlavy fully taken,onely during the warres With tbpf)anes, is moftapparant By the fore-recited orders of £da. the Confeflbrs Eawes, cap. 12. by the black bookeofthe Ex- cheqi lib. 1. cap 11. which addes moreover, that when the land had the taxe being vndertf'». the F Con- (40) Orcmon feanfad Conqucrour, Wjluit hoc annuum fo/vi quod erat urgenti necejiitate belli cis tempeftatibus exaButn , non tamen omnino propter Importunarum caufas di- mitti rerum-.igitur tempfiribus ejus vel fucceffpri- bus ipfius folutum eft hoc turn ab exteris periculis Bella velopiniones bellorurnfuere , which Sir Hen¬ ry Spllman in the very feme words, in Ubrum Gloffarii . If then this Dangelt though granted by Par¬ liament, was due and coUe&ed by right on the fubjedts onelyin time of forraigne Warres, not in dayes of peace, we have neither open Warre nor any opinion nor eminent feare of Warres with any enemy,or forraigne danger,but a direct prefident againft it, wc being now in peace with all cur neighbours, Thirdly,the Hangelt though granted by Parli¬ ament, when it begun to be ufurped as an annual! duty by the Kings of England, and that in times of peace, as well as Warre, was complained of as an infufferable Grievance, and thereupon for¬ merly releafed to the fubjed by foure feverall Kings : Firft by that good and gracious King, Edward the Confeffor, of Ingulpbus our an¬ cient Hiftorian, pd. 897. which Mr. S elden in his Mart claufum , and Sir Henry Spilman in his Gtofjarium title Dangelt out of him writes this, Amo 1051-when the Earth yeelds not her fruits after after her accuftomed fertilitie , but devoured divers of her Inhabitants with Famine, Info- much that many thoufands of men dyed for want of Bread, the mo ft pious King Edward the Confeflour moved with pity towards his people Tributum graviji. ? the D angeldiB y or by imperpetuum relax avit , forever re lea¬ fed to England the mo(lgrievous taxe called Dan* gelt s fome adde and report, that when his Lord Chamberlaine had brought the Dangelt then collected into his Bed-chamber, and carried him in thither to lee fo great a hcape of Treafure, the King was agaft at the very fight of it, protefting that hee fan? a Diveil dance vpon the great pile of money y and tryumphing with overmuch Joy j where¬ upon hee prefently commanded it to be reftored to the firft Owners, Ex tarn fera exaBiona ijta ne unum volint r it inert. An excellent precedent both of Jufticeand Charity for your Majeftie how to imitate ill thefe dayes of Plague and penury, q»i enim inper- petuum remifit 5 To wit, in the 28 yeare from that time that Swanm King of the Danes com¬ manded it yearcly to bee payed to his Army. In the time of King Ethelbert his Father, Matthew treflmonafler. 105 Tolycronicen. lib. 6 • cap. 24. Fabian in his Chronicle, pag. 150 . and Speed in his Hiftory of (Jreat Britt aine y Liber 8. cap. 6 ► feB. 7. pag. 410. with F 2 others C$Z,) TrtJHviifovi-nt? ©thers record, that Edw. the ConfefTor difchar- gca fagUjJiqe* of the great and heavy tribute called which his Father Ethdlen had iWfide them to pay to the fouldiers. of Demark, Jo that tiftei that day, faith Fabian , was no more gathered. This good King’releahng it to all England as a cruelland heavy taxation, and reftoring tliac mony collected by it,to his eternal]Honor- vvehppe his Majyftics gracious Succeflbr can or will alter that which hath, beene difeontinued 600 yearesand upwards,& canrenile it by your prerogati ve as a law full duty, but rather, for ever to remit it,and reftore the money colle&ed as he did. Secondly,ir was releafed byi^theConqueror from requiring it,there was the like tax fora time impofing a taxe of 6 son everyHide of land to¬ ward the payment of his fouldiersasa Conque- rour,caufed rebellion againft him in the Weftern ■pms,polycrpnicon lib. j.cap. 3. Fab . 7 . lib. cap, 119 2 2 opag. 300 308. did at the laft releafe this taxe of F angelt but onely in time of warre, as appeareth by the black booke in the Exche¬ quer formerly cited, which writes thug : Ipfe namq-, regnat tam diu quam terra/igelt that was by his Father removed,to wit, by a grant in Parliament,as appeares by Sdvc. the Confeftors lawes, cap. 12 .the lawes of/-/. 1 .flat, cap. 1 6 .Hovedens annuall partepofierioripa. 603. Spil.GlofJaryga. 2 o o 2 o 1 .and he releafed it,then alfo we hope your Majefty cannot in JyJIice rc- nue it or the like taxe now. Fourth- A~£umii'te Fourthly , it was re lea led by King Stephen both at his Coronation , and a Parliament held at Oxford $ for Polycrenicon, lib. 7* cap, 18. fol. 283. Fab. part 7. cap. 232. 233. Hove dens annum parte priore , Pag.4.82. pag.q, SpHman^pag. 28. records, That when King Ste~ phen was Crowned he fwore before the Lords at Oxford fmx. he would forgive Dangett as King Henry before him had done, and that Ann* 1136. heecommingto Oxford confirmed the Covenant which hee had made to God, the people, and holy Church in the day of his Coronation, thelaftclaufe whereof was this j that D angeli^ld eft duos folidos quos antecefjores fui accipere foliti funt in ternum condono- ret , this hee would lor ever, that is two (hil¬ lings of every Hide land which his Anceftors were accuftomed to receive, and though Hove - den lay the brand of Perjurie on him* Hac principaliter Deo venit ff alia fed nihil horum fervavit ; Yet we neither finde nor reade in our Record or Chronicles, that this taxe of Dan- gelt or any of the like nature was ever impofed lince that time by him or any of his SuccefTors, but by the advice of the Great men of the Realme^-Et parliaments author ita^e , for lo that homo antiquar. Sir Henry Spilman con¬ cludes in his qlofj ?, pag. 201. Being thus for ever releafed as an intolera¬ ble Grievance and exaction by thefe foure leve- rall Kings, and difeontinued full 500 ycares and not -wAjvmfi (4 5 ^ ^y^/nnnc^ not revived* Wee humbly conceive that thefe antiquated and fo often fo anciently releafed ex¬ actions , or any of the like nature ought not nor cannot either in point o£Honour,Law,or Juft ice be revived, or impofed on Us by your Majetty now, and that this Taxe is fucceffefully releafed as a. Grievance though at fir ft granted by Parlia¬ ment, can be no prefident to prove the lavvful- neffe of this prefent Tax,but a moft pregnant E- vidence againft it,having no cotinuance or allow¬ ance at all from any Parliament as D angelt had. Fiftly, admit that the tax of Dangelt were not impofed by Parliament but onely for Regall power, and that lawfull in thefe antient times,as Is pretended, all which we have manifeftly pro¬ ved voyd; yet it is no Argument at all to prove the lawfuftteffe of this prefent taxe of Shig- money and that in thefe reipeds. Fir ft, that Dangelt was firft impofed in time of Warre and definition before the govern¬ ment of theKingdome was fetled by good lawes; therefore no prefident for this in time of Peace, nor in this fetled eftate of the Realme, fo long continued in wholfbme Lawes. Secondly, it was before any extant Statutes made againft the impofing of any Taxe, tallage, aide, or benevolence, without common confent of the Lords fpirituall and temporal Und Com¬ mons in Parliament, this and divers fore-recited Ads of this nature againft it,are ratified by your Majefty in the ‘Petition of Right. Third- / Jr J - '— Jigtm&k fog) 'KMon/fintMt' Thirdly, it was before any fubfidie of Ton- mge and poundage granted to guard the Seas and SeaCofts to exempt the fubjed from thefe,and allother taxes for that purpofe, and in truth it ’.vas the Tonnage, and poundage of thofe times that after Tonnage and Poundage granted to guard the Seas,8cc. A i T , Fourthly, it was ccrtaine firft is. afterwards 2 s - every hide land, and that certainly limited* tins arbitrary and incertainly now, rated by any Parliament. • 1 1 Fiftly, that was onely charged vpon lands,not S 00 f s > tins on goods, and thofe that have no lands. Sixtly, it was not a 1 wales annually paid, but in times of warres,as Spil. glojjary 0 pa. 2 ooand di¬ ners others fore-recited authors have it thus : • ur V 3 ' F eares together in time of peace, in thefe refpedfstherefore we humbly declare vn- to your Majefty that this principall prefident of Da,.gelt is no warrant of all for lawfulnefTeo'f this taxe of S hipmoney, but a cleere and vndeni- ab^e authority againft it, inanfwering whereof we have defeated and cleere^, and fo anfwered moft other prehdents- - The next Prefidents that , are objected, are .hole out ofancient ftories, Mat. wejim. A wo «74 writes of King Alfred that when theDam invaded theRealme with twoNavies having pre¬ pared a Navy to fet it to Sea, tooke one of the Ene- JBncmies ftups,and put fixe more to High t 3 An$o 877.the enemies then encreafing in ail parts, the King commanded Gaftcs gud Ggleas 3 & hngas naves fubricari per Regnum 3 & prelio hojlili ad- vent antibus obcurrit impofitisque piratio in illis viis mar vs cujtodiendis commijit zArmo S77. (jt 992jhat King Alfred .appointed guardians in fever all parts of the %ealme againfi the r Danes 3 quo etiam tempore fecit Rjx ^Alfridus totum 'Havile quod terreftre prelio ‘Rjgni fui tranquilli- tati provider at-.that Anno 1 008.Rex EtheUerdus jujs’itgarari ? 310. .kadis navem vnam (ft ex mo hi turn gale am vnam eft hfricam^ that Anno 1040 . %jx Hardecanutui vnumquemq ; reminifcifuas flajjes orto mencos & fngulis rationibm decern naues detota Angfpeqdi precipit vnde cunBi qui ejus advent. priusoraveruntexoftn ejlejfeBus.lt is added with all. that thofe Kings impofed fhips and fhjp-money on the fubje&s, therefore your Majefty may doe the like. - Tothefe prefidenrs we anfvver. Firft , that they are onely in time of open War re , and invafion by enemies for the King- domes neceflary defence,not in times of peace. Againe the three fir ft of them are onely that the King provided a Navie , commanded fhips tp,be builded through the Kingdome , to .guard tfipScys, and encounter the enemy as well by Sea.a&hy. Land, but fpeakes not that this was done at the iubjeftsoivne charge , nor that any tax was laid upon them for it, or that the Com¬ mand of his was obeyed,or that he might lawful- G ly * A^yntthle ( 48 ) /Pwintr* fy impofe a charge on his fubjefts without their common confent • The fourth of them lAnno 1008. faith of E- theHert , that he commands one fhip to be pro¬ vided for , out of every two hundred and tenne Acres 5 but faith not,that this command was not by the Kings-abfolute power onely, for it might be by common confent in Parliament agreed upon,for ou^ht appeares, or that this command was juft,and lawfull > neither doth he informe us that they were built: tvigornienfis, zAnno 1008. addes that they were accordingly prepared, and that the King put thele fouldiers into them with Victuals, that they might defend the Coafts of the Kingdome from the incurfion of Fcrreyners, fo that the fubje&s were not onely at the charge of the building of the (hips , the King for the V iftuals,ydes,and bene¬ volences* , without common eonient in Parlia¬ ment ■, enacted before Tonnage and poundage ' ' gran- (p) granted , therefore infufficient ro this prefent caufe* Fourthly, neither of the prefidents was ever adjudged law fullagamft tftp {ubje&s, and there¬ fore not binding poote pr.3.93. Slades cafe, frock 6 .75 .and they are very ancient. Fifthly , all thefe were during the time of Daagelt,\$d involved in it,what there we anfwer to that of T>angeh, is applyabft to all, and each of thefe, and that making cleere nothing for this taxe,as we have manifefted,thefe prefidents mu ft doe the like. . The chieft and moil pertinent of all other XiQCC that of T>angck,is that of King John,, 1 2 1 j, who being injurioufly deprived of hts croveng and Kingdome at Rome by the Tope : at the eatneft folkitatkm ofthat. arch Traytor Stephen Lang- ri?«,Arclibifhop of Canterbury , Widiam Bifhop of London^nd the Bifhop of Sly, theft Prelates departing from forwent into France# nd there confpired with the Bifhops, and King Philip .of France again it their ow ne S over aigne&r,hey then iolernnky published thedepofttipa andfentcnce of the Pope given again ft him at Xfw^and then in ttd^b&a tfe* of tja,g-Pope>they enjoyned afwel# the Kingtif T^^s.all^th^r roei^s wouldob- raine.remilkionof iipnes : that uniting them- ftlves together,;hey would all goe into England, in an hoftile\ mapner,and depole King 3 °hn ofhis •jCrow.ne and Kingdome, and fuhftitute another worthy man minis ftead by the papifticall aUfho* G 3 xity. r tjl guTn&te mnvTifinmtr riry , when as the Apoftles never depoled any Princes of their Crowne and Kingdome , but commanded all to feare , and fubmit to them, 'JSjtfni 13.12.1 Tim. i 3. ii. 1. ‘Pei. 2.13. Here¬ upon the King of France prepared a very ftrong, and great Army and Navie to invade England both by Sea and Land,to depole King John, and to j^ei fill* Cfow'ne.of Englandto himfelfc.King Jtbn driving perfect intelligence of all thefe things , in the moneth of 'JMarch commanded fhrps excellently lurnifhed,to come together out ot all the parts of England,xfyzt fo he might with ftrong hand re lift boldly thole that intended to ih\ade England, he lake wile railed,St gathered to¬ gether a very great Army,out oi&W England, and Ireland , and the places adjoyning , that c JMat. n’eftm. 12 13 .pa.90. relates the ftory, Mat. Par if aides this unto, that the King in the Moneth of M arch, cauled all the fhrps out of the Ports of thefe’ words. Johannes Rex in this forme .Jo¬ hannes esfnglt df ^ ideas , , uod te efi form ale venias cum equis df armis df tfl ' 2 »‘hJaCe (54 finhtr & hoc it a exequeris ne inde certifcandum , ad corpus tuum nos caper e debeamus (Jf inde habeas rot u lam tuum ad nos certifcand, quit remanef- rit. Thefe two tvrits therefore being divulged throughout Snglandjhere came together to the Sea coajts in divers places where the King mojl fujpe- iled^ to wit, at ‘Dover ., Feverifham , and Jpfwich men of different condition , and age fearing nothing more then that report of Culvertage , but when af¬ ter, afew dayes there wanted vidua Is for fo great a multitude , the chiefe Commanders of the Warres lent homea great company of the unar~ med vulgar, retaining onely the Knights, their fervanrs,and free-men, with the {lingers, and Ai- chers n£ere the Sea Coaft s moreover John Bi- jliop of 'Horwich, came out of Ireland with 5*0 fouldiers, and many horfemen to the King, and were joyfully received of him. All therefore be¬ ing a (Tumbled to the battle,and mufteredat^r^ Downes, there were amongft leledcd fouldiers, and lervants ftrong, and well armed 6eoo< .va¬ liant men,who if they all had one heart, and one mind towards the King of England, anddefence of their Country : there had not bin a Prince under heaven,againft whom the King of England might not have defended him (el fe fafe : Moreo¬ ver , if the King of England refblved to joync inbattell at Sea with the Adversaries, that they might drowne them in the Sea before they could landjfor lie had a greater Naviethen, then the King of France , whence hee conceived greateft greateft fecurity of refilling the Enemies thus, CKat.H'eftm. Paris Hiftory of England, c Anno I2 j i 3’P a £’ 2 2 4* 2 2 ?• whole words we have rela¬ ted at large } to cleere and take off the edge of this Prime prefident, in anfwering which, lince all things will be cleered from thefe Writs , to prefle and provide (hips ; your tMajeflies Offi¬ cers would inferre the lawfulnefTe of thefe Writs,for fhips & /hip-money now. But under corredlion, we humbly conceive, that this prefident makes much againft, and no- tlung at all for thefe Writs,and taxes which now lflue forth: for Fir ft, it was before '-Magna Qbarta^ the taxes and Tallages,the Petition of Right, or any Sub- fidie, Tonnage or poundage to guard the Sea,thc * ftatutes are againft them. Secondly, it was onely direflly in c Port-tojvnes i that had fhips, not to Countries and places that had no fhips,as the Writs are now. Thirdly,it was to the Mafters,and Owners of fhips, not to any other perfons, who being ex¬ empted from all Land-fervice, were to lerve the King and Kingdome at this pinch and extreamity H at ^2 Wn ^ -(- 5 $) ■xrwvnfir*ntt ; 4c Sea,but tfjefe Writs;reach to all, afwell thole .that have no Hups as others. . • ' Ki jl SVfcrf 07/ 2 7IQV/ olodv/ .* • r r 1 ^ ^•’ r. ’ 4 . i ■»■;- ' /*\-> * r,■ |' { if r ' t ' Fourthly, it was ondy to furnitli out their ovvhe fhlps, not. vo contrtbutc money;to hire the Kings fhips or oilers, or to build new of other, ' or greater Burthens the thefe that had bin.T fyefe Writs now are contrary to this in all thefe re- the iatentioiiafldjcxecution.. iv.iit- >.frm indniina - : Fifthly, here was no leavying of money to he paid to King Jobn^ his Executors , or Officers hands to provide, or hire fhips as now, but every man was left to furnith his Ojyne fhips at his bell rates, with his owne provifion and C^farriners y ■this'Auiteothdftt^TbV-- ‘f ' . 1 Sixthly, though the mjWljiett arid’ l &u>ktrf6{ the lhipsWere by this Writ to furnilh Blips at their owne proper colls,yet when they,were thus 'frtrnifhe.d,the King was to phy them both wages, frife^afrdfreight,''■ ashis fucceflors ever had'done, fince when they pteffed any of your fubje&s fhips,or Carts for tvarre, or Carriage , thefe were the words .Iterum in ferzitium nojirum ad.libera- ■tienet nof 'rdSy c Tvhich imj>loy a (fonjlancie as tn ail . iike'Cafes, yea of your. Majefty who now pay wages,atid freight for all the Mariners and Mar- - chants dtea/flliipjf, y6u?‘jp^effc*feft)K€s^ iftheh$ierc-' fo^rh i»s make* nothing at a II,for this cnforteing the fubje&s to fet Out fhips to guard the St\»s,to ferve- yomsJMitjefj at d your own- 1 prop- rtfem * 1 and charges,but poiftr b?atike>g unit it . thqfeiViiy ^c uy.wiw. yy wkm f L awes of the Kingdume to ferve the A trg, and de¬ fend the kihgdomc- by Land, as. M the fmfes, foote, 'Train’d Bands, and fompanies throughout England,neither have bin ought to be charged with* any Sea-fervices, for heere all the Land men are charged to ferve the King, and defend the King a: riolto© yisnib.o r*xo cbm on ( ;xl « .'Efelfflp' ’i* 1 T?btjK ! ' && #<**,&■ mm vfV{(Svam>f h miims ft> finc,and yet were able to beare Armes ? were H 2 tO 7 7 $ -^wAte (j8) 'ktmv'H fovnArt to receive the Kings pay, and not to ferve gratis* even in this necefiary defence ofthe Kingdoms as thefe words ad capiendam folidos 'noftros refolve, therefore certainly ^Mariners in thofe fhips received the Kings my too,and the o wners freight as now they doe from your Majefty, and fo the King, non the Subjects bare the charge ofthe (hipping then, and if fo in that time, and age before Tonnage and poundage ,. then your Uttijefy ought much more now to doe it, fincc Tonnage and poundage is taken for that pur- pofe. r Ninthly , this Writ was in an extraordina¬ ry caufe upon an extraordinary Exigent, and oc- cafion. The King was heere .deprived ofhis J-urowne and Kingdome,. mo(f unjuftly by the ojx., and the infligation of thefe treacherous Prelates y and both of them given to King Phi- kp of Fra nce, a flrong Army both by Sea and Landhvvas,ready to invade this Land, yea,to, take pofle (lion of hip Crovvne , and King- dome,. this extraordinary fuddaine Exigent mt the Kangdome to the/e tvvq extremities of thofe Writs, there being therefore (blefled' be God) no fuch extraordinary occafon as then, this Prefidetjt being extraordinary, is nothing pertinent to the Writs now in sertion,. nor. ( 59 ) & nor any proofe atall of the lawfulnefle of this Taxe. Tenthly , it was in a time of open , and eminent arre y and danger, onely uponin- vafion ready to be made upon the Real me by a forraine Prince, and Enemy both by Sea, and Land, therefore no proofe of the lawful¬ nefle of the prefent Writs and Taxes in time of peace. F or in fiance. Firfl, Marfhall Law may be executed and exercifed by your CWajefties Commiflion and Prerogative in time of warre, but not in peace, as was" lately refolved by your Majefty and the whole Parliament in the Petition of Secondly, the Kings of England, in times of open warre, might compell trained fouldiers and others-out of their owne Counties to the Sea coaft, or other parts, forthe neceflary defence of the Realme,but this they cannot doe in time of Peace. 1. £> 3.4. y. ‘Parliament ; M. fa. 3.. Thirdly, the Kings of England , in time of forraine tvarres , might by their Prerogative H 3 Royal 1 , «-pmAk {60^. Ttm Royall,feize the Land of all 'Triors, Aliens jx heti, they were extant in England, but that they could' not doe in times of Peace, 27. iAJ]s.^ 2 >. 28. AJfs . -2O', fag. ij.sAffs. lih . j(. v.CapSvEd. 3. 3-8.27.£.3,i6. 4 o,£.3. ro< 14,//. 4.35.22-. f. 3.43.2 I.H. 4. 11. 12. ' • - t : ■ 3 ■ ■ , -hi ■;[ : •)•>.= '• 0 d—J. i. ■AVtiiui i'jzui' L,;a .-7it//Jn jI aiq \>f!i do Fourthly, that the Kings of England , when they had defen fi ve Warres with Scotland, they might lawfully demand,receive,and take Efcuage of their lubjecls, and fo. did other Lords of their 'T*070/lilt f in A.t • • 1 Mi l l JftllUtJS I lfthly^ho Dmgdt thcrograntedat Sr ft, -by common content of the people inP a a lumen t, • vvas .due onelydn the time of and. j& > of pe^ce j as : appearcs by the-Ptetnjfles, , . . rt' Sixthly , fubfidies and aides in former rimpc ) omti m . m or ( 6 1 $. T&zyfirtvHty 'r to defray the debts of tine Prince, contracted . ; /' 'acrf fei ; 4 E *b Ca > 21 . iJ• 3 . (T*. 7. 11. H. ■f* ■ • • ‘3 ~ ->^» 37 «tl18. I .14 •and o- flier ibre-recited Ads. i Seventhly, the Goods oftheir Enemies may be lawfully feized by the King, and his Tub- jeCts, in time of open I-f arre , not m d ives of ■Peace. R. 3. 2-/7.-; £,4. 13; 44. ■ Bro<- for¬ feit 5.22. £z/, 4. 45. 22. Ed. I 3 • 15 , 17. H. 8 . Bro .propertj/y 3 8 jBJoyd. 384. . j Eightly, by the cuftpmc oiKent, and .the common Laiv , -not qnely the fC of • E 1 'and , f biit' their Subjects' too, may juftifie their entry into another mans ground, and the making of Bulwarks and entrenchments therein of defence, or offence of the Enemy in tinie,of Warre, which they cannot doe in time 0/peace.8.Ed.4.73.5™. fujlom 45 . andtref- fyjffApG'. > . Ninthly,- - \ 2 .it'jrf (ft ^vrniU (62 ) vrmxinfinHXv Ninthly , in times of rvarrt^ men may juftifie the pulling dovvne of Houfes, and Sub¬ urbs adjoyning to a Fort, or City/ for their better defence and fafety, but they cannot doe it tn time of Peace. 14. H. s. "1 6 . Bro. trefpajje. 40 6S Tenthly, Your Majefties Royall Progeni¬ tors, might appoint Marchants and others, in tame of fVarres for your Armies, and Forts, without Comrmflion, not onely in time of peace. 14. 6 . 5. 2 . ig. . Andfo mi S ht Lords .and Knights give Live- nes in time of but not in pice. i 7 . cl r t*r 8 ‘ H ' 6 ' 4* *• H ' 4* thers^' ^ thcfe tennc Calcs then to omit o- It is apparent,that there is a vaft and infinite difference in one,and the feife-fame Ad in time offVdrre.and of peace, that the fame Ad may be to ,£3"* ° f , HoftiIif y ^ utterly unlaw¬ ful! in the dayes of peace, this Present is no Argument of the lawfiilnelTe of this Taxe, nor y Gtliers ot like nature that can be objeded, ‘ being being Oflety 'in time of Warre to prove the take of Ship-money, nor yet for prefling Ship-vales for carriage, and other fpeciall fer- vice upon hire, and your Majefties owne wa¬ ges, not at the Subje&s cofts, as Carts, horfes, Loyters are now often prefled in thefe times of Peace, but a diredt Argument againft them, as the tenne fore-cited Cafes doe evidence* For any other pretended prefident that may be alled- ged to prove the lawfulnefle of this Taxe wee intend for brevities fake here not to trouble your Majeftie with any particular Arifwer unto them,they being all anfwered fully in thefe fore- objedted, the prime and mod pertinent that are extant, yet now, as wee have cleered them {joint blanke againft thofe Writs and Taxes for Ship-money , Thefe, our moft gracious Soveraigne, are the Grounds, Reafons and Authorities on the one hand, and Replies on the other : whereupon wee humbly conceive thefe Writs and Taxes of Ship-money wherewith wee have lately beener, and yet are grievoufly burthened, to be diredfcly contrary to the Lawes and Statutes of this your Realme, and the antient Juft heredi¬ tary Rights and Liberties of your poore Sub- jedis, and an intolerable Grievance and op- preffiontous all, which wee here in all hum- blenefle fubmit to your Highnefle moft juft, J and eft -pmJalc (fa) ' )ttm c */^ ■T/trHtr and mature confideration, not doubting bm your Majeftie, however, formerly, by fojne of Your great Officers mif-informed of the lc- galitie of it , will now upon the ferious view of this our humble, and dutifull Remonftrance which wee in all Humility, together with our felves pro ft rate at Your Royall feete, will al¬ ter Your royall Judgement of this Taxe, and conclude it to be againft the Lawes, and our Rights and Liberties, wee almoft allure our felves, that your Majefties moil' Honourable privie Counlell, with the Reverend fage Judges of the CommonXaw, if ferioufly charged on their Allegiance to ypur Majefties Highnefte without feare, or flattery what they "conceive of the lawfulnelfe of thole Writs, and Taxes, will upon the Confideration of thefe our Reafons and Anfwers to thefe chiefeft prefidents, at leaftwife upon die full hearing of the Argu¬ ments of our Counfell learned in the Lawes, ready to debate it more amply, if this fhort Re¬ monftrance be not fat is factory, with our Coun- cellmay be fairely and indifferently heard in all your Majefties Courts of Juftioe where this Point fhallbe drawne in queftion by us if occa- fion require , truly informing Your Majeftie, that they conairre in Judgement with us in thefe, that thefe'Writs and Taxes are againft ijie. Lawes and Statutes of this your Realme, the the ancient Rights and Liberties of us Your Subje&s, which wee know and are allured Your moft Gracious Majefty will inviolably prelerve conlidering your promifed Oath, and Regall proteftation, notwithftandmg the mif- information and falfe fuggeftion of any of Your great Officers, and Servants to the con¬ trary? the rather, becaufe it was Your late royall Fathers Speech of blefled memory to all the Nobles, Commons, and people in the Parliament houfe, *Anm 1609. twice Prin¬ ted for an eternall monument of his Good- nefle, and reall Juftice by his fpeciall Com¬ mand , both by it felfe, and in the large Vo¬ lumes of his peereleffe Workes : That a King governing in a fetled Kingdom o leaves to be a King , and degenerates into a Tyrant fofoont as bee leaves to Tule by his Lams ; There¬ fore, all Kings that are not Tyrants. or perjured, will be glad to bound them [elves within the li¬ mits of the Lawes , and they that perfwade them to the contrary , are (*) TrojeBors, riper s, and ( * ) Note pefs , both against them , and the Common- wealth . thetes. Upon the tender Confiderations of thefe pre- mifles, vve moft humbly beleech Your moft Ex¬ cellent Maieftie, out of your Princely goodnefte F 2 l and and Juftice fince by the great God of tfrael commanded, hee that: rules over men mu IK and ought to bee juft, ruling, in the fearc of God ,, and wee all know and beleeve your Ivta^ jefty tobeefuch a Ruler fct upon Gods ovvne Throne over us your people, for that purpofe, *u c, aJ U £ ice . ^. J^Semeat to, all yourloy- a ) Subje&s, m all Caies whatfoever, efpeci- ally fuch as are moft publique , and of grcateft Conlequence to your peoples woe or weale, to exonerate Us your true hearted, dutifull Subje&s from thcfc your Royall writs, and heavie Taxations, which wee neither can, nor aare any longer contribute to, for the premifed Reafons. And wee, as our Common duty ever obhgeth Us, fhall perfevere to pray for your Majeftie long to continue a moft juft, and graci¬ ous Prmce over us to our joynt and feverall comforts, and to Your o vine cternail Honour, in the ftirviving monu¬ ments and Annals of your Fame. PI xtvirt/t ((f) A Lift of Ships with their Charge. Ships. Tunnes. Men. Moneys T 5 Ark fhire I 400 1 60 4000 •*^B edfordfhire I 400 120 3000 Briftoll I 200 80. 2000 Buck ingamfhire I 450 180 45 °° Cfmbri dgefhire I 35 ° 140 3 . 5 °° Cheshire I 35 ° 140 3500 Cornwall I 6 50 2 60 6500 Cumb .andtveftm, ► L 100 4 ° looo *D ariyfhire I 35 ° 40 3500 D evonfhire I 900 360 9 000 Durham I 200 80 2ooo D or fet fhire I 55 ° 220 5000 Sjjex I 800 3 2 0 8000 (j Iccejlerfhtri I 55 ° 2 20 5 5 °o H amp fhire I 600 2 < 5 o £000 Hunt ingtonfhire I 200 80 2000 Here for dfhire I 400 160 4000 Kent I 800 320 8000 Lane a fhire I 35 ° 140 3500 L e ft erfhire I 45 ° 180 45 °° Lincolnfhire I 800 320 8000 l 3 London tffffttfffff A -rumkle (AiS th Ships. Tunnes. Men. Money, London 2 each 800 320 16000 (JHiddlefex i 55 o 220 .5 5 °« tJMunmoth i 150 60 1500 Nprfolke i 800 320 8000 'Northumberland I 500 200 5000 Northampton i 600 240 6000 North tv ales I 400 1 60 4009 Nottingham I 35 ° 140 35 °° Oxford I 35 ° 140 35 °° %utland 1 100 40 looo Salop 1 45 ° 180 45 °° South Wales i 49 ° 200 4900 Stafford i 200 80 2009 Suflolhe 1 800 320 80OO Somerfet i 800 32° 80OO Surrey i 400 160 4000 SuJJex 1 500. 200. 5000 tvarvpicke i 400 160 4OOO tviltfhire i 700 129 7OOO iVorcefterfhire t 400 161 40OO Torkjhire 2 600 240 12000 Ships. Tunaes. Men.' Money. Summe 3 45* 20450. 98030. b* 00 0 0 O' n mg "Saif iU £2 -—- — WOC A SEASONABLE S3* 8 & cO v »W'J -^ 1* w u u ||V I N D I C A T I 0 N || Supream Authority and Jurifehttion I c f%/£c T 1 KINGS, Jj A LORDS, PARLIAMENTS, ^ dfl As well over the Poffefsions, as P*> prjj LI - o* 13 f,OA OR - »ca ” Antie i lt , Vijputation of the famous Bohemian §§£ Ss ^f. rt . yr *°b»Hus, in juftification of John Wukltffs in. §|f* c ‘“ C J^ ; ?™™S by 43. Arguments taken out of fathers, g&$, flS th « Supream Authority and J^fdt^on fg IU flhnhl Si ^ r [ iame T\ te T ral Lords > a " d La r™*, §§* V'ck ha ve endowed the Church with Tempor allies) to take |% «§fe SJ nd £ iH the py or f l Lands and Pojftffms of Delinquent ^ Churd}-men y by way of medicine orpvnijb~'0& !§§ without any Sacrilege , Impiety or LtjMice. l T ^ rib fd outof the printed Works of nhn Um y and'S *§£ ^ F * Io mFox hisA&s and Monuments primed jpz Londenie^i. Vol. 1. p. 585. &c. g£ Wlth ^Additional Appendix thereunto of Proofs, and Dbme-%Pz 4.S3- L ^ Prcfidenr s ■» aH ages, uftfull fo r prefen t and faturc times. ^ By willtam PrymeE^ a Bencher of Lincolns inne~ - ---;---,-.--__ # iO. Let his habitation be defolate and no nun dwell therein £&* i(hot)Yir.h lpf /ivifitUev + LV- r-ru 41 |^ Afts V,. .- ; -.— - -V' an d Bfotyrick^let another take, vp Bemiard. Ve Confideratione ad Eugenium. I. 3. Parvi deiedme ^ anitni eU de Subditis non profdmm qutrere Subditorum, fid “ft yyif myopriUtin femmo pratiertim Pontificenihil turpi'us. $3$ A&, London, Printed by T.Childe, andI.Parry, and irr hTTT^t ^ T -tT~ at che Adm and £)>e in Little BritatffTS^o.° ^ r r monarch Charles the II. BY THE Singular Grace , and Wonder-working Providence of Almighty God, of England, Scotland, France and Ireland King, Defender of the true Cbrijiian Faith j and Supreme Governor over all EccleftafiicalPerfojUi as well at Temporal, throughout his Dominions. Moft Gracious Soveraign, I Humbly crave licen/e to prof rate at your Royal feet, a learned Difputation of the famous Bohemian Martyr John Hus, in defence of our renowned John Wickliffs VJ. Article- largely evidencing the Supream Au¬ thority of Chriftian Kjngs, and Temporal Lords, over f&eTemporalties, and Perfons of Delinquent Prelates and Churchmen, backed * with ■ P TheEpiftle Dedicatory. with an Additional Appendix, (haftily compiled in the midftofmy other diftraBing publike Im • ployments in felt> hours Jpace,) not unfeafonable i or un'toortby publike Confideration, in relation to ancient and late alienations o/AbbotSjBifhops. Cathedral lands, now under your Majefties and your Parliaments Deliberation } in order to their iUrchaiers fatisfaHion,fGr the prevention of (a* tureAnimofities (l fuits,0‘ eflablifhment ofQou dial Unity 5 Amity between aHX om Subjects, after their many years fad Inteftine bloudy 'Quern dab’s an & ^dcords. rnihidenu- 'The foie Occalion of this Publication, n Vos ISSquinon theman y late Petitions o/’Purchafers, and others f ll bdr nvisiIec C 9 m ft atnm & Bilhops,^ Churchmens evacuatidls covetoulnefs, or averfenefs to gt) tins 0 ttti£lty;Md the Lawfulnefs offeifing,alie* {"^ 0 BelIi noting their Temporaries, imprifoning,bani* ‘ 3 ’ c ’ °* fhing, executing their perfons for Criminal Offences, and Contempts (of Which they have been frequently guilty) without any or 3Jmptetp. The contemplation whereof ( 1 prefume)will henceforth perpetually bind them to their good behaviours, both towards Jour Majefty, your Parliaments, and People ; and engage them to a charitable,fiber, religion ufe of ' all their Temporal endowments, toamoft hea¬ venly , humble, workhcOntemning Con- verfation, a diligent faitbfull difeharge of their Epifcopal function, by a daily conffant prea* a a^s j. 42. ching, faffing, praying, and adminiftration c.ao, 21,28, of the Sacraments to the Souls committed to their to 242Tim’ pajloral charge1 and to an .emulous imitation of our f l,2 ‘ Rom * pious , primituve Archbimops aid Biihops, Mar. ns. ns Wilfrid. The Epiftle Dedicatory. ,p . A y dan ^ ^eadda and others , of whom Genris Ang- » ene rable Bed a, and b Gervalius Dorober* nenfis render M th ; s account: iBon cciufc ^A&us Pon- - -.. ' Sb'ilUl'’ tattDo, febpebtbus ambttianba. c A ——3 uMiuuuuiuU) vKv? «?Sg* «wun -SDci (nttantiCmie p^dtcabant. j.637. I mi tnnr fiiif _ *ii* i ota tunc fuic follicitudo Dodtoribus iilis 2Dco fetbtre, non fetnlo, tota cura , coitus ejccolenQf non tentris. Nulla csiifd fuic lacerdotibus Dei vicos adeundi, ntfi tie p^blcarent, pel baptfcarent, . pel arnmas curarene* Cun&a qux fibi a Regibus vci divitibus feculi donabantur, mox pauperibus cjui occurrcrent erogare gaudebant. In cantumerant abomnipefte * &Pan'tfe caftigati ut nemo temtozia pel poflefltoneg ab eonftmenba nafteria a poteftatlbus fecult, ntft co - actus acceperet All their Oblations and re- tfBeda Eccicf. 'venues 'toere c equally divided into 4. parrs. Tk '•/»' the Mentation of the Bifhop and sS“, J '£ov' his fami,y > m in a pttmpous Lordly fplen- cil. Tom. 1. dor, but fober and Chriftian hofpitality • The ®* 3 ™‘ *‘f or *be maintenance of his Clergy or Chap * ter; They for the relief of the Poor; The A for the repair of Churches: and if any fur- plufage The Epiftle Dedicatory. plufage remained, itwasbeftowedTnalrns and ocher pious ufes. not ^ent in Luxury or Worldly pomp, No part of it was tnafured up in the (Bijbops own purfe to enrich bim/df or Leafed to, or bejtowed on bis Voife, children ftnred, ferVants, 0) Courtiers as in later ages, ( as real d Sacri- ^ Spalato dc lege as any mV? declaimed again ft. ) Their An- gelical and Evangelical ConVer/ations, pureba/ed f‘ ,® ernard them fuch Veneration and high efteem among all Sermo77. & forts of people,* \lt ubicunque Ciericus aliquis gSi? adveniret gaudenterab omnibus, tanquam conc 'li°Rhc- D« famulus exciperetur. Etiatn fiini.inere foLbu pergens inveniretur, occurrebant, & flexa p oro ^ aus cervice vel mams fignari, vel ore illius fe be. «T5* nedici gaudebanq verbis quoque horum ex* dJ 7 ' &Bc> hortatoriis dUigenter auditum prxbebanr. Ec fiquis Sacerdotum in vicum forte deveniret mox congreeati in unum vira«; /TIT VUu omnem ecckfajiicutn Honori totum datur, fantti- tati nihil V > ,-. , **'* UJt as thefe then led in our Bifliops and Clergy now ( Without future cmejls, < which of them (ball „uAU be the Greareft, Richeft, Higheft, but beft, -f-s ’»ye[) t humblejl) tmuli Jjreedily reconcile both c 2 7 - #od,riding upon the heavens for Your help, which haVefo miraculoufly protected,fupported, reftored Your Royal Majefty to Your King- doms,and thruft out the Enemy from before You without fword or frear, for ewer embrace, defend, prelerve Your Sacred Perfon inperfeSl health and. fafety , to reign over them in all Pro- (perity, Tranquillity, Felicity and Glory, till extreme old age (and no other cafualty) frail tran • JlateYoufromv temporal to an eternalCrown in the FTigheft Heavens,- Which bath been js, and alwayes Jl?all be the daily Grayer of From my Study rn Lincolns Inne, ?Jovcm. 24.1660. Tour Majefties dutiful 1 and Loyal Subjeft, WILLIAM PKTNNF. t 1 44^ vr' •v' ''r' 't* ■•■*—' 'T* V 4 V ' *T v An dntient Tlea in Juftification of the late taking away, and Sales of Cathedral'lands, &c. ■ N the year of our Lord 1378.- [a] John fPickJijfi itl » John Fix the Univerfity of Oxford in his Sermons and Wii- Afts * Monu- .-«—.- rioufly takf away their Temporaries front the Church 565,566, $87* Wfn ofiending habitually. That if any temporal Lord do know the Church fo offending, keif bound under fain of damnation to ta\e the Temporaries from the fame. That it islawfullfor Kings, in caufes licenfed by the Law, to takf away the Tentforalties from the Spiritualty finning ha* bitualiter, that is, which continue in thecujhnts of fin, and will not amend. That whether they be temporal Lords, or any other men whatfoever they be, which have endowed the Church with Tem¬ poraries, it is law full for them to take away the fame Temporal • ties, as it were by way of medicine, to avoid fin, mtwitkjiand - - mg any Excommunication or other E^lefiutfical Cenfure ; for fo much as they are not given but under a condition . The Bifhops of England, conceiving their Great Lordly Manors, and Temporaries to be mnch endangered by the& Petitions of IVickltff, drew up the e and other Pontioni of A 2 SlUi' An Anticnt Plea m purification of the late his into Articles of complaint againft him, and fent them diligently to Tope Gregory the XI. at Rome, with other Ar¬ ticles ofa diffi ent nature to the Number of 18. where they were condemned, for heretical and erroneous by 23. Cardinals . Hereupon Pipe Gregory Cent his Bulls to the Chancellor & U- nivei fitie of Ox ford. King Richard the 2d. and th e Archbp. of Cant, to apprehend,' imprifon and perfecute Wicpliffi who was ^thereupon fiimmoned to appear before a certain Convocation of Biftiops at the Archbifhops Palace in Lam¬ beth-, where he juftified thcfe Pofitkms by reafon, Scrip¬ ture, Canon and Civil Law. After iPickfifr death, 45 Ar¬ ticles being exhibited againft him in the Council of Con- fiance, and thefe 3.amongft the reft. That to enrich the Clergy was againtl the rule of Chrift. That the Pope with all his Clergy having thofe pojfefsions at they have, be h.reticks in fo having 5 and the fecit l ar powers in ' f° fuffritiglhem do not well’ That the Emperor andfecular Lords be feducedwhich fo en¬ rich the Church with aripleptff. fsions. Thereupon . John Hus a moft learned pious Bohcmi- an Divine, particularly juftified tbefe Pofitions of bis ahiongft others, againft the centure of the Pope and Council of.Confiance, before the whole Univerfitie of Prague in Charts Colledge, in a particular Treatife, T)e ablatione bonorum temperalium a Clericis delmquenti- lus, printed at large in his Workfs in Latine, A Joremb. i558.pt. i,8cc. For the moft part translated into Englifh by Mr. John Fox, in his Acts and Monuments London 1 64 Vo), t. p. 595. Which Book all ArcbbiJbops,BiJbops, Deans, Archdeacons, and Canons R< fidentiaries , were bound to have in their Cathedralsj-Halls and Great Chambers,that it might' bepublikely read by their Servants an J Stran¬ gers, by the Canons made in the Provincial Synod of Lon¬ don, Anno .1571. p.5,6,7. whereby this Doftrineof#/^- Lff and Hus is not only tolerated, but juftified by them, » s orthodox, and no wayes facnlegious or heterodox, as Tome-now repute it. taking away and Saks of Cathedral lands >&c. 3 * The fecondDifputationinthe Vniverftty 0/Prague, vfmlhe [eventcenth Article 0/John Wickiiffe, mftfrmtfull to be read-, proving by 2$ Reafons out of the Scriptures, t&at jpjfnCES anD&OJfifS ffempojal havelawiull Au¬ thority and Jurifdidion DtttE tl)C £>pitftUaUp f CtjUrctj- men, botlj in taking from tfcem ttfeir 2Cempo?aUu*, ana correcting tljeit EDofngs ano T O the honour of almighty God, and of our Lord Je- fus Chrifi, both for the trying out of truth, and the profit of holy mother the Church, according to the con¬ gregation of ourTIniverfity of frage, which, avoiding al- vvaies to do that which fhall be prejudicial to the truth, hath deferred to give their confent unto the condemnati¬ on of the forty five Articles, wifhing even unto this pre- fent fufficient probation to be given of the condemnation of the faid Articles, and particularly of every one of them. Whereupon the faid Univerfity doth alwaies require due proof of thefame, forfomuch as Pope Vamafus in his ca¬ non diftinftion lixtie eight chapter, Chorepifcopi, faith thus; That it isneceffariethat whatfoever thing ftandeth not by due reafon fhould be rooted out. Whereby it appeal eth, that the condemnation of the five and forty Article-, if it (land not with proofandfufficientdemon- ftration for every Article, is neceffary to be rooted out. But ifany man will objett and fay, that to Require a reafon of everything, is to derogate from Gods divine power. Unto this anfvver Mafier WiUiam doth anfwer nimfelfin his Phi!ofophy,the fit A book,almoA at the end; where he intreating of the place, in the fecond Chapter of Genefis ) God. made man_ of the flime of the earth, &c. hath thefe words; For in what point (fay we) are we contra¬ ry to the holy Scriptures, if we feek by reafon to declare wherefore any thing is done, which is faid in the Scrip¬ tures to be done ? For if that a wife man Aiould fay that a thing is done, and do not declare hew it is done, and another man fpeaketh the very (elf-fame tiling, and deefe- * Fox Alts is Monuments, Vot-l.p. 5Jf, Jn Ant tent Tie a in Justification oft be late An ategory upon the Pafchil Iamb . . reth how-it is done, what contrariety is there ? But f 0r (o ranch as they themfelves know not the force of nature to the intent that they might have ail men partakers with them of their ignorance, they would have no man to in¬ quire it out. Rut they would have us beleeve as igno-’ rant people, neither, to leek any reafon of our beleef, that the prophecie might be fulfilled; Such as the people is fab fballbe thefriefi. Butwe truly do fay,that inall thinssa lealon is to be fought, if it may by any means be found. Rut if that any man do flay at any thing which the Scrip- tuies doth am: m, let him commit the fame unto Faith, and unto the Holy Ghoft. For Mofes faith, If,the lamb cannot be eaten , let it not be by and by conftmed in the fire ; but let him firft call his neighbour which dwelleth next houfe unto' him ) and if they alfo be not fujficient to eat the lamb 3 then let it be turned in the fire. So likewife, when as we goeabout to leek any thing as touching the Godhead, and that we fie net able of our felves to comprehend the fame, let us call our neighbour which dwelleth next houfe unto us; that is to lay, let us feek out fuch a one as dwelleth in the fame Catholick faith wich us ; and if then'neither we,nei¬ ther yet he be able to comprehend the fame, let it then be burned with the fire of faith. But thefe men, albeit they have many neighbours dwelling near unto them, yet for very pride they will not call any man unto them, dmfing rather to continue hill ignoi ant, then to ask any queftion. And if they do know an) man to enquire for his neighbour in fuch cafe, by and . by tuey cry out upon him as an heretick; prefuming moieupon tneirown head 1 -', than having confidence in then wiidom. B it 1 exhort you to give no credit unto their outward appearance, for already it isverefiedin them, which the Satyrical Poet faith ; No credit is to be given unto the outward fliew : for which of'them all is it ehatdotti not abound with moil fhamefull and deteitable vices? And in another place he faith; They are very am.y o t.ien Ipeech, and have great defire to keep fi* Jsnce, And thus much hath Mr. Wlhelwut. Let al I fuch hear taking aw Ay And Salts if Cathedral-lands, &c. hear whom this parable doth touch: for I with trie reft of the Mafters, Bachelors and Students of our Univerfity confidering how bard a matter the condemnation of the forty five Articles of lVictyfa without reafon,ls, and how grievous a thing it were if we fhould thereunto confent doe call together my neighbours, the Do&ors of this Univerfitie, and all others which would objeft any thing againft the fame, that we might prefently finde out the reafon of the condemnation of this article, concern- fling the taking away the temporaries from theClergie* Notwithftanding I doe profeffe that it is not my intent like as it is not the meaning ofthe Univerfitie to per- fwade, that Princes or fecular Lords fhould takeaway the goods from the clergie when they wonld, or how they would, and convert them to what ufe they lift. But our whole intent is, diligently to fearch out whether this Article, as touching the taking a way of temporalties from the Clergie,may have in it any true fenfe,whereby it may be defended without reproof. Wherefore this Article, being the feventeenth in the number ofthe forty five is propounded under this form; The Lords temporal may zt their own will and pleafure* take away the temporal goods from the Clergie, ifthey doe offend , and therein continue. It is thus proved: The Kings ofthe Old Te- ftament took away the temporal goods at Gods comman* dement from the Clergie; that is to fay 5 from the Priefts offending. Therefore the Kings of the New Teftament, at Gods commandmeut,may do the like, when as the Priefts ofthe new law do offend. The confeqiience dependetli upon a fimilitude. And the antecedent is evident. Firft, it is proved by Solomon in the 3. of the Kings, 2. chapter, which Solomon depofed Abiathar the high Prieft, becaufe he had taken part with Adonias the brother of Solomon to make him King, without the advice either of David, or of Solomon himfelfj which ought to reign, and fet up Sadoc the Prieft in the place of Abiathar , becaufe he had not con- fented with Abiathar unto Adoniaf , as it is written in the 3. book of Kings 3 i , chapter, where it is faid, Adonm, the fon A Proteflation^' whereby 1 hep* vetb light unt 9 the Reader, how the propofition afore faid is to be underflood) and addeth, that the goods of tbe clergy are not utterly to be ta¬ ken away, but i* cafe they doe abufe the fame, yf„ Ar.tient Plea in Juft.ftcation of the late fon ofAgithe, exalted himfelf, and faid, I will reign: and made unto hjmtelfchaiiots and hoi lemen, ami forty men which fhould run before him neither did lib father re¬ buke him at any time,faying, Whei efore haft tnou done this > For he was ve, y comely, bei*g fecond ion, next tQ AiColon, and hb talk was with JU theknof Sarvia, and Abiathar the P. ieft, wihich toe kpatt w itn Adomat. B it Sadoc the Prieft, and Benuias the ion or Joiado t and Nathan the Prophet,and £. wr/,and S.rftfci, and fUtthi., and all the power oi Davids hoft, were -not on Adorn.* part. This was the can e of the depohng of Abiatbar, becaufe he took part w ith Adoni at,thit he fhould be King againft Solomon the eldelt Son of King David: whei efo. e it b writ¬ ten in the third book,and fccond chapter of the Kings.} The King laid unto Abiathar the Prieft, Got your wayes un¬ to Anathoth thine own field, for thou art a man of death 5 Int. this day 1 will not fly thee, becaufe thou haji carried the Ar\ of the Lord before my father C avid, and didlt labour in all things wherein my father laboured. ’Then did Solomon cefl out Abiathar, that he fhoild be no more the Priejt of the Lord-, that the word of the Lord might be fulfilled, which hejfak£U$o>t the boufe oi Hell in S/le. Behold, the mdft prudent King Solomon, according to the wifdom which was given him ol God,did exerciie his power upon the faid Prieft, putting him out of his prieft- hood, and letting in his place Sadoc the Prieft.-; This was a g< eater mattei than to take away the temperaides. If then in the Law of Chrift, which now raigneth over us, a Ei (hop fhould likewise reb.ell againft the true heir of the kingdom, w illing to fet up another tor King} why fhould notthe King or hisheir have power, in like cafe, to take aw ay the temporaltiesfrom him.fo offending ? 2, Item, it is alfo evident by the King Nabuchodonezor , KabucbtdoMzcr, which had power given him of God to lead away the chil* dren oflfracl , with their Pi lefts and Levites, into the cap- ti\icy of baby Ion, ait is wiitteri 4 book of the Kings, 25 chapter. v Item, it is read io the 4, book of Kings, and 1-2. ebapt, 0 t how taking away and Sales of Cathedral lands, r. how that Joas the moft godly King o TJHda f according to the wifdom which God had granted him, took away all the confecrate veflels which Jtfobat, Joram, and Ocboftat, his fore-fathers Kings of/Wahad confecrated, and thofe which he himftlf had offered, and ail the treafure that could be found in the temple of the Lord, and in the Kings Palace, and Cent it unto Azahel King of Syria, and he de¬ parted from Jerufalem, Mark how this moft hGly King exercifed his power, not only in taking away the tempo- raiicies of the Prieftsi but alfo thofe things which were confecrate in the Temple of the Lord, to procure unto the Commonwealth, the benefit of peace. Item, in the 4, book, and 18. chapter of the Kims it is written, how that the holy King Ezechias took all the treafure that was found in the houfe of the Lord,and in the Kings creafury, and brake down the Pillars of the TempJe of the Lord, and all the plates of gold which he himfof had faftned thereupon, and gave them unto the King of the Adrians ; yet was he not rebuked of the Lord there¬ fore, as he was tor his other fins, as it appeareth in the 2 j. book of Kings 18.'chapter. Forfomuch then as In time of neceflity, all things ought to be in common unto Chri- itianfjit followeth, that the fecular Lords in cafe of necef- lity, and in many other common cafes, may lawfully take offend ^ fr0m theGler gy» wI »en they do lot. 4 - Etfchiat' ***? rei ^} n £ h e r *• of St. Matthew, that the Uiiciples of Jefus, to flak their hunger, upon the Sabbath 5 * day pulled the ears of corn, and did eat them, and the Pha- nfees rebuked them therefore; unto whom Chrift anfwer- c ^> Have ye not read wbat David did when he was hungry , and tboje that were with him : bow be entred into the houfe of the DiviJ * Lord and did eat the (hew bread , which it was not lawfulI for him, neither for them that were with him to eat, but only for the Priefts? This ftory is written in the firft Book of the Kings, and 21. chapter. And the commandement in the 12. chapter of Deuteronomy, Whereby it appeareth, that it is lawful! Cofeofnecefa. ' ■ „ ® in 8 r An Antknt tluin fufttficauen of the late “-"TT^Tot necefficy to ufeany thing, be it never fo much conLate, Oth/rwife children by giving their move*, bles to the confecration of any Temple, Chould not be bound to help their parents; which is contrary and a- eainft the Gofpel of St. Matthew in the i 6. chapt. whereas our Saviour iharply rebuked the Pharifees, that for their own traditions they did tranfgrefle the conmiandement of , G °Uetn 5 ‘tints and Veftaftan fecular Princes, had power Titus andVefpt given them of God, twenty four years after the Lords af- fun, ; cenfion, to take away the Temporalities from the Pritfts which had offended againft the Lords holy one, and there¬ by alfo bereft them of their lives : and it feemeth unto many, they did and might worthily do the fame according to Gods good will and pleafure. Then forfomuch as our Priefts in thefedaies may tranfgrefle and offend as much, and rather more againft the Lords anointed, it followetb, that by the pleafure of God, the fecular Lords may like- wife puniih them for their offence. Our Saviour being King of kings, and high Biuiop, 7 * , , w ith his Difciples, did give tribute unto C£jar, as it ap- %!>“%,Zf p««h1n th«V chap..of S .. Mmbrn, Gofpk.nd S,„f ' ' commanded the Scribe! and Pharlfee! to give ibe llkeun- to Ofer, Sc. Matthew 2 a. Whereby he gave example unto all Priefts that would come after him to render tribute unto their Kings: whereupon blefled St. Ambrofe ini his St. Ambrofe kit . book apon thefe words in the 5 of St. Luke , minl your nets ) writeth thus : There is another kind of nihmg amongft the Apoftles, after which manner the Lord com¬ manded Peter only to fifh, faying, Caft out thy hook,and that fifh which cometh firft up, take him. And then unto the purpofe he faith; It is truly a great and fpintual do¬ cument, whereby all Chriftian men are taughr, that they ought to be fuBjeft unto the higher powers, and that no man ought to think that the Laws of a King here on earth are to fee broken. For if the Son of God did pay tribute who art thou fo great a man, that thinkeft thou oughteit not taking anuy and Sales of Cathedral lands, &c. 9 105 ft not!* irtlit nil po®i rdnf Priil tta inn udinf Hour ml’, reth, lic¬ it ap I,mi tw le* tr k i ini i&i nob 1 «» not to pay tribute? He payed tribute which had nopof- feilions; and thou which daily feekeft after the lucre of the world, why doeft thou not acknowledge the obedience and duty of the world ? Why doeft thou through the ar- rogancy of thy mind exalt thy felf above the woHd when at, through thineown miferable covetoufnefle, thou art fubjeft unto the world .? Thus writeth St. Ambrofe^nd it is put in the n.cauf. qu. i. Magnum quidem.He alfo- writeth upon thefe words in Lu\e 2 0 . Shew me a penny, whofe Image batb it if Chrift had not the Image of Cafar, why did h» pay any tribute? He gave it not ofhisowr,butrendred unto the world, that which was the worlds : and if thou wilt net be in danger of Cafar ,pofleffe not thofe things which are the worlds; for if thou haft riches thoa art in danger of Cafar, Wherefore if thou wilt owe nothing unto any earthly King, rorlake all thofe things, and follow Chrift* If then all Ecciefiaftical Minifters, having riches, ought to be un¬ der the fubjefhon of Kings, and give unto them tribute; xc followeth that Kings may fawfully, by the authority which is given thita, take away their temporalities from thfcnft. Hereupon St. Pi#/, acknowledging hlmfelf to be under the Jurudichon of the Emperor, appealed unto Talar as itappeareth, Ads 25. ; * I ftand, faith he, at Cafars Judgement feat, there I ought to be judged. Whereupon in the 8, Diftinftion, chapter £)uo jure. St. Amlnfe allegeth, that all things are lawfull unto the Emperor, and all things under his power. For J, e Confirmation whereof it is faid, Daniel 2. chapter; TbeGoii of heaven batb given unUtbee a Kingdom, Strength, Empire, and Glory, and ad placet wherein the children of men do dwell, and hath given into tby power the beafts of the field, and fowles of the air, and fel eU things under tby fubiefiietr! Aifo in the 11. queftion and 1, he faith ; // the Emperor require tribute we do not deny that the Lands of tbe Church (bad pay tribute ; if the Emperor have need of our lantjs, he bath power - H ChriSt comman¬ ded tribute to be paid unto the Emperor* Paul appealed ti the Emperor . St, Ambrofe there in the 8, diflin8. Daniel a. 10 An Antient Tica in JvJlif cation of the late 10. St, Auguftine. lu Magistrates, keepers of both Laws . The duty of to challenge them, let him take them, if he will-, 1 do not give them unto the Emperor, neither do I deny them. This writeth St, Ambrofe, exprefly declaring that the fecular Lord hath power at hi* pleafure to take away the Lands of the Church; and fo confequently the fecular Lord* have pow¬ er at their own pleafures to take away the Temporal goods from the Ecclefiaftical Minjfters,when they do offend. Item, c St. Augufline writeth ; If thou faieft, what have we to do with the Emperor ? But now as 1 faid, we fpeak of mans Law. The Apoflles would be obedient unto King*, and honour them, faying, Reverence your Kings ; and do not fay, what have 1 to do with the King ? What haft thou then to do with pofftffions? Ey the Kings Law thy poffeffion* are pofftfled. Thou haft faid, what have I to do with the King? but do not fay, what have thy pofftffions to do with the King ? For then haft thou re¬ nounced the Law* ofmen, whereby thou diddeft pofltfie thy Land*. Thu* writeth St. Augufline in hi* 8. diftin&ion, by whofe words iti*manifett, that the King hath power over the Church goods, and confequently may take them away from the Clergy, tranfgrefling or offending. Item, in his three and thirtieth Epiftle unto Boniface , he faith. What fiber man will fay unto our Kings, Care nctyeu in your Kingdom , by whom the Church of the Lord is maintained, or by whom it is opprejfed-, it pertaineth not unto you, who will be either a religious man, er who will be a Church robber ? Unto whom it may be thu* anfwered: Doth it not pertain un¬ to us in our Kingdom, who will either live a chaft life, or who will bean unchaft whoremonger? Behold, this holy Kings to punijh man fheweth here how that it is the duty of Kings to pu- the Clergy S3. nidi fuch as are robbers of Churches, and confequently the proud Clergy when as they do offend. Item,he writeth in the 33. cauf.queft.7. Si de Rebm The fecular Lords may lawfully take away the Temporal goods from hereticks; and forfomuch i r is a cafe greatly poffible that many of the Clergy are ufers of Simony, and thereby hereticks, therefore the fecular Lords may very lawfully take taking away and Sales of Cathedral lands„ &c. 11 take away their temporalities from them. For whac un¬ worthy thing is it, faith Sr. Augujline, if the Catholicks do pofleffe, according unto th: will of the Lord, thole things which the heretick* held ? Forfomuch as this is the word of the Lord unto all wicked men. Mat. i j. The King- Matthew ar. dom of Ged jhali he tahjn away from you, and given unto a nation which jhaU do the rigbtecufneffe tbercifi is it in vain which is wrkttninthe ij. chapter of the book ofwifdom? Tbejuji Wfedom ir. fbali eat the labours of the wicked, And whereas it may be objeft?d as touching the defire of other mens goods; St. Auguftine anfwercth, That by [her wen^Llds that Evidence the feven Nations, which did abufe the Land 1 * ' of Promife, and were driven out from thence by the power of God, may objeft the fame unto the people of God, which inhabit thefarne. And the Jews thtmftlves, from whom, according unto the Word of the Lord, the King¬ dom is taken away and given unto a people, which lhall do the works of righteoufhefff, may objeft the fame unto the Church of Chrift, as touching the defire of other mens goods ; but St. Augufhines anfwer is thus: We, faith ho, do not defii e another mans goods; for¬ fomuch as they are ours by the commandement of him, by whom all things were made. By like evidence the Clergy having offended., their temporal goods are made the goods of others, for the profit of the Church. To St ‘ Al, S>’ftine this purpofe alfo, according to St- Auguftine , ferveth the ' 4 ‘ iue ' 4 ’ 14. queftion 4. Unto a mif-believer it is not a half-penny matter, but unto the faithfull is a whole world of riches: (hall we not then convince all fuch to pofleffe another mans goods, which feemed to have gathered great riches together, and know not how toufethem ; for that truly is not anorhers, which is pofleffed by right: and that is lawfully pofleffed, which is juftly pofleffed; and that is juftly pofleffed, which is well pofleffed. Ergo, all that which is evil pofleflfed is another mans, and he doth ill pofleffe it, which doth evil life it. If then any of the Clergy do abufe the temporal goods, the 12 zy~~ An An dent Plea in J unification of the late the tempoi ai Lords may at their own pleafure, according unto the rule of charity, takeaway the faid temporal goods fl ora the Clergy fo ti anfgreffing. For then, ac¬ cording to the allegation aforefaid, the Clergy doth not juftly pcffefte thole temporal goods, but the temporal Lords, proceeding according to the rule of charity, do jirftly poffefle thole temporal ities,forfomuch as all things jCsr. j. are the juft mans, i Cor . 3. chapter. All things, faith the Apoftle ; are yours ; whether it be Paul, or Apollo, or Cephas, either the world, either life or death, or things ^ pre enc, or things to come: for all things be yours, you CuiUa jarto- be Chrifts, and Chrift is Gods. Alfo in the 23.queftion rumdTcdi. 7 - §t*icunque, it is written, Jure divino omnia funt jujlo- cunrur. rum. The words of St. Auguftine- in that place, adVin- centium , be thefe ; Whofoever , faith he, upon the occafion of this Laic or Ordinance of the Emperor, doth ttioleji or perfecute you, not for love of any charitable correction, kvt only for hatred and malice to do you difpleafure, I hold not with him info doing. And although there is nothing here in this earth, that any man may pofleffe alfuredly, but either he muft hold it by Gods law, by which cunUa juftorum ejfe dicuntur ; that is, all things be faid to pertain to tfie pofleflion of the juft: or elfe by mans law, which ftandeth in the Kings power to fet and to ordain, &c. Here, by the words of St. Augufline alleaged, ye fee all things belong to the poffefli- 011 of the juft, by Gods law. 13* Item, forfomuch as the Clergy by means of their pof- Thi Cicigyfub- feflions are in danger of the Emperor and King : it follow- J Empem 'and et b» c ^ at ^^e Emperor or King may law- King by mans fully take away their poffeflions from them. The confe- ojtheir pffefsi- quence dependeth on this point, forfomuch asotherwife oat. they were not in fubjeftion under the Emperor or King : and the antecedent is manifeft by the 11. qtieftion and firft Parag. Hit ita refpondetnr. Whereas it is fpecified in Latine thus: His itarefpondetur, Clerici ex officio Epifcopo funt fup- pcfti,ex poffeffionibm prediorum Imperatori funt obnoxii: ab Epifcopo unfttonem,decimas , & primitias accipiunt ab Jmpe- ratore veroprtdiorutnptffi ffiones ndncifcuntur : that is to fay, The — ^ Ukingavoay and Sales of Cathedral lands, &c. The Clergy by meanes of their office are under the Biffiop, but by iealon of their pofleflions they be fnbje£i unto the Emperor: Of the Biffiop they receive unSion, tithes, and hrtt fruits; ofthe Emperor they recei ve pofleffion;. Tims then it is decreed by the Emperial lair, that livelihoods lhould bepolieffed: whereby itappeareth, that the Cler¬ gy oy the pofleffion of their livelihoods are in danger of the Emperor for him to takeaway from them, or to cor¬ rect them according to their defervings, and to have the controulment ofthem, as it (hall feem good unto him. Item, The temporal Lords may take away the tempo¬ ralities from (itch as ufe Simony, becaufe they are here- ticks' Ergo, this Article is true. The antecedent is maoifeft forfomuch as the fecular Lords may refufe fuch as ufe Simony, and puniffi them except they do repent. For by the decree of Pope Paf- chafnti in thefirft and laft queflion it appeareth, that all fuch as ttfed Simony were to be refufed of all faithfull people, as chief and principal hereticks; and ifthey do not repent after they be warned, theyarealfo to be pu¬ nched by the externe power. For all other faults and ciimes, in companion of Simoney, be counted but light, and feem fmall offences. Whereupon the gloffe, expounding the fame text * laitn^ that by this word externe, is underftood the laity, which have power over the Clergy, befides the Church, as in the ij. diltinft. Non licuit , & 23. quefiton 5. Principes . Wheieby it is evident, that the temporal Lords may take away thetemporal goods from tile Clergy when as they do offend, 1 Item, St. Gregory in the Regifter upon his feventh Book and ninth Chapter, wi iteth thus unto the French Queen: Forfomuch as it is written that lighteoufneflehelpeth the people, and fin maketh them miferable: then is that Kingdom counted ftable, when as the offence which is known, is foon amended- Therefore, forfomuch as wicked Priefts are the caufe ofthe rmne ofthe people, (for who (hall take upon him, 13 I 4 - Vfieri 0} Simwy are punified by tbs CiviL Ma- g'ft rate. Fafchafius in 1 q. u!t. cap. pater . the Laity cor - re torso) the Clergy . Ot 15. Gregory writ- eth to theFrercb Wicked Priefis • the definition •/ the people. An A tit tent, Pica in tfusiificatien of the late _ _____ -’^Tbelnterceffor for the iins of the people, ifthePrieft which ought to intreat for the fame, have committed o r eater offences) and under your dominions the Prieft do five wickedly and unchaftly; therefore that the offence of a few might not turn to the deftru&ion of many,we oimht earneftly to feek the punifhment of the fame. And it follow cth, if we do command any perfon, we do fend him forth, oith the content of your authority, who to¬ gether with other Priefts, {hall diligently 'feek out, and according unto Gods word correft and amend the fame. Neither are thefe things to be diflembled, the which we have fpoken of, for he that maycorreft any thing, and doth negleft the fame,without all doubt he maketh him- felf partaker of the fin or offence. Therefore forefee unto your own foul, provide for your nephews, and for fUch as you do defire to reign after you, provide for your country, and with diligence pro¬ vide for the correftion and punifhment of that fin, before our Creator do ftretch out his hand to ftrike. And in his next Chapter he writeth unto the French King: Whatsoever you do underftand to, pertain either unto the honour and glory of our God, to the reverence of the Church, or to the honour of the Priefts, that do you diligently caufeto be decreed, and in all points to be St. Gregory to obferved. Wherefore once again we do move you, that tbe French King command a Synod to be congregate, and as we wrote lately unto you, to caufe all the carnal vices, which raign amengft your Priefts, and all the wickedneffe and Simony of your Bifhopsf which is moft hard to be condemned and reproved) utterly to be banifhed out of your Kingdom; and that you will not fuffer them to poflfeffe any more fubftance under your dominion, then Gods commande- mene doth allow. Behold how carefully blefied Gregory doth exhort the Queen and the King to punifh the vices of the Clergy, left through their negligence they fhould be partakers of the fame; and how they ought to correft their Subjefts. For as it is convenient to be circumfpeft and carefuli againft taking away and. Sales of Cathedral lands 7 drc. ^ --- ————\ ---- ---------- againft the outward enemies; even lo likewife ought they to be againft the inward enemies of the foul. And like as in juft war againft the outward enemies it is lawful] to take away their goods, fo long as they continue in their malice; fo alfo is it lawfull to take away the goods of the Clergy, being the inward enemy. The confequence is proved thus ; for fo much as the domeftical enemies are moft hurtfull. Item, it is thus argued; if God be, the temporal Lords may meritorioufly and lawfully take away the temporal goods from the Clergy, if they do offend. For this point let us fuppofe that we fpeak of power, as the true autheti- tike Scripture doth fpeak, Mat 3.9. God is able even ofthefe Jiones to raife up Children unto Abraham. Whereupon it.is thus argued; for if God be, he is om¬ nipotent, and if he fo be, he may give like power unto the fecular Lords. And fo confequently they may meritori¬ oufly and lawfully ufe the fame power. But left that any man may objeft, that a proof made by a ftrange thing is not fufficient; it is therefore declared how that the tem¬ poral Lords have power to take away their almes beftow- ed upon the Church, the Church abufing the lame, as it (hall be proved hereafter. And firft thus; It is lawfull for Kings, in cafes limited by the Law, to take away the movables from the Clergy when they do offend: it is thus proved; For the temporal Lords are moft bound unto the works of greateft mercy moft eafie for them: but in cafe poflible, it (hould be greater almes, and eafier tem¬ poral dominion, to take away their almes from fuch as build therevvithall unto eternal damnation, through the abufe thereof, than to give the faid almes for any bodily relief, Ergo, theaffumptionis true. Whereupon firft this fentence of the Law of Chrift in the fecond Epiftle to the TheJJalonians the third Chapter is noted, whereas the Apoftle writeth thus; When we were amonpfl you^rve declared this unto you 9 that he that would not workjhouldnot eat. Wherefore the law of nature doth li» ceafe all fuch as have the governance of Kingdoms, to C corrett An Antient Pkain^uBifcAtim 9ftbe Ute * b enefchm propter ejficiunu When and how the title of any gift if loft. J 7 : Jt is lawful! for the civil rulers to corrett the Clergy • 7 ^,^adi 7 ^ife of the temporalities, which would be the chief caufe of the deftruftion of their Kingdoms; whether the temporal Lords, or any other, had endowed the Church with thofe temporalities or not. It is lawful! for them in fome cafe to take away the temporalities, as it were by way of Phyfick to withftand fin, notwithftand- ins any eycommunication,or other Ecclefiaftical cenfures; forfomuch as they are not endowed, but only with * con¬ dition thereunto annexed. Hereby it appeared?, that the condition annexed to the endowing, or enriching of any Church } is, that God (hould be honored; the which condition if it once mi, th? contrary taking place, the title of the gift is loft, and confequently the Lord which gave the almes ought to cor- reft the offence. Excommunication ought not to 1st the fulfilling of juftice. Secondly, according to the Canon Law 1 6 quettion 7 . this fentence is noted, where it is thus fpoken, as touching the Children, Nephews, and tne molt honeft of the kindred of him which hath budded or en¬ dowed the Church: That it is lawful] for them to be thus cir- cumfped, that if they peneive the Pricfl do defraud any fart of that which it bellowed, they fhould either gently admenifb or warn him, or elfe complain of him to the Bifbop, that he may be correct¬ ed. But if the Bifbop bimfelf attempt to do the lik,e , let them complain of him to his Metropolitans: and if the Metropolilane do the like, let them not defer the time to report it m the ears of the King. For fo faith the Canon, Let them not defer to report it in the ears of the King . To what end 1 pray you, but that he fhould do correction : neither is it to be doubted, but that correftion doth more appertain unto the King in this point for their goods, whereof he is chiet Lord 5 by a fub- itra&ion proponional according to the fault or offence. Item, is thus proved; It islawfull for the fccular Lords by their power to do correction upon the Clergy by lonie kind of feaifuli difeipline appertaining to their fecuiar power : Ergo, by like reafon it is lawfull for them by their power to do fuch correction, by all kind of fearful! n, 1 7 t Mi; ml infill V lifi iutj :otl( God ill ,Jlli cor- ttk «c ! di¬ et j •«r jdf dfc iiml rit(< If ( 111 ! lid) [M I* fenc il# f(P If* P [I taking away and Sales ef Cathedral lands, &c. pline pertaining unto their fecular power. For fo much then as the taking of their temporalities is a kind of fear- full difcipline pertaining unto the fecular power; it fol¬ lowed, that it is lawfull for them thereby to dofuch cor¬ rection, And confequently it followeth that the truth is thus to be proved. The conference is evident; and the antecedent is proved by Iftdore 23. queft. ?. Principe; > where it is thus written •, There fhould be no feculer powers within the Church, but only for tbit purpofe , that xvhatjoever thing the P riefls or Minifiess cannot bring to pajfe by preachings or teachings > the fecular powers may command the fame by the terreur and fear of difcipline. For oftentimes the heavenly Kingdom is profited and holden by the earthly Kingdom : that they which are in the Church, and do any thing contrary unto faith and difcipline , by the rigour of the Princes may be troden down, and that tbe power of the rulers may lay that difcipline upon tbe necky of tbe proud andfiif- necked, which tbe utility and profit of tbe Church cannot exercife or ufe. Item, all things that by power ought to work or bring 18. to any perfeCt end by the reafonable meafuring of the mean thereto, may lawfully ufc by power the fubftraftion or ta¬ king away of the excefle, and the addition of the want of the means, according as fhall be convenient or meet for the meafure to be made. For fomuch then as the fecular Lords ought by their power to provide for the neceflary fuftentation of the Chriftian Clergy, by the reafonable meafuring of their temporalities, which they are bound to beftow upon the Chriftian Clergy, it followeth that they may lawfully by their power ufe the taking away or putting unto of thofe temporalities according as fhall be convenient for the performance of that reafonable matter. Item, It Is lawfull for the Clergy, by their power to 1?« take away the Sacraments of the Church from the laity cuftomably offending, for fo much as it doth pertain to the office of the Chriftian Minifters by their power to minifter £ h* fame unto the Lay people. Wherefore, for fo mnch as it doth pertain unto the office of the Laity, according unto their power to minifter, and give temporalities to the C 2 Clergy 38 Antient Pita, in fuftfcation of the late Clergy of Chrilt, a* the Apoitle faith, i Cor. 9. It fojlow- eth, that it it alfo lawfuil for than by their power to take away the temporalities from the Clergy, when they do c .ftomably fin and offend. 20. Item, by like power may he which giveth a fliper.d or ex¬ hibition, withdraw and take away the fane from the un¬ worthy laboufers, as he hath power to give the lame unto the worthy labourers : for fo much then as temporalities of the Clergy, are the (Upends of the Laity; it followeth that the Lay people may by as good authority take away again the fame from the Clergy, which will not worthily labour, a* they might by their power beftow the fame upon thole which woold worthily labour, according to the fay¬ ing of the Gofpel, Mat. ii.The Kingdom fall be takfn atvey from yeti) and given unto a people which jhall bring forth the fruits thereof. 21. Item, it is alfo lawfuil for the fecularLords, by their power, to chaftife and punilh the Lay people when they do offend, by taking away of their temporalities accord¬ ing to the exigent of their offence, for fo much as the Lay people are fubjeft under the dominion of thefecular Lord*, as appeareth, Romans 13. and many other places, it is evi¬ dent that it is lawfuil by their power to punilh the Clergy, . by taking away of their temporalities, if their offence do fo deferve. 22. Item, the true and eafie direction of the Clergy unto the * Whowert vt- life of * Chrift and the Apoftles, and moft profitable unto ry poor and had the Laity, that the Clergy (hould not live contrary unto Temporalities drifts inftitution, feemeth to be the taking away of their Mat.%. 20? c. almei, and thofe things which they had bfcftowedupon 19.xy.Lnke 8. them. And it is thus proved: That medicine is moft apt 3.0. 9. $8 Alls to be laid unto the fore, whereby the infirmity might foon- 3.3, 5,6. 1 cor. j, e holpen,and were moft agreeable unto the patients: 4 6 9> a!io!c ^9. 19 ta ^ m 8 away of the temporalities : Erg?, this Fb1L2.29.c4. article is true. The minor is thus proved, for fo much as 11, to 20. by the abundance of temporalities, the worm or ferpent of pride is fprung up, whereupon unfatiabie delire and lull is inflamed, taking arviy and Sales of Cathedral lands, (frc. i g Inflamed, and therefrom proceedeth all kind of gluttony and leachery' It is evident in this print, lor fo much as the temporalities being once taken away, every one of thofe fins is either utterly taken away, or at the Jeall dinsi- nifhed, by the contrary venue induced and brought in It feemeth alfo moft pertinent unto the Laity, for fo much as they ought not to lay violent hands upon their Mincers, or to ab'jeft the Prieftly dignity, * neither to judge any of * B y the Urv of the Clergy in their open Courts. It feoneth alio by the thi ‘ *&*• Law ofConfcience to pertain unto the Lay people, for fo much as every man, which worketh any work of mercy, ought diligently to have refpefi: unto the ability of them that he beftoweth his almes upon, left that by nouriftiing or helping loyterers, he be made partaker of his offence. Whereupon, if Prieftsdonotminifter of their temporali¬ ties, as Hoftienfis teaeheth in his 3d. book of their Tithes, Firft-fruits and Oblations, the people ought to take away the almes of their Tithes from them. Item, it is confirmed by the laft chapter of the fevententh 23. queftion, out of the decree of rents appropriate unto the Church, ghticunque. Whereas the cafe is put thus, That a certain man having no children, neither hoping to have any, gave all his goods unto the Church, referving unto himfelf the only ufe and profits thereof: it happened afterward that be bad children , and the Bifhop refiored again his goods unto him not hoping for it. The Bifhop had it in his power, whether to render again, or no, thofe things which were given him; but that was by the law of Msn, and not by the law of Confcience. If then by the decree of the holy Do&or St. Attgufiine, in h * Sermon of the life of the Clergy, Aurelias the Bifhop of Carthage had no power by Gods law to withhold that which is beftowed upon the Church for the neceffity of children *, by the which law, the wanton, proud, and un- ftable Clergy, being more then fufficicntly pofltfled and enriched, do detain and keep back the temporalities to the detriment and hurt of their own ftate, and ofthe whole militant Church, the fecular patrons being thereby fo im- poverilhed, < 20 An Ant'tent Plea in Junification ofthe lAte poverilhcd, that they are compelled by penury to rob and fteaf, to oppreffs their tenants, to fpcil and undo other*, and oftentimes by very necdliry are driven to beggery. 2f. Item.foppofe that a Prieft and Miniffer, how grievoufly foever he do offend, by what kind or fign of offence feever it be, as it was in the cafe of Bilhop Judas ffcariotb: of the religious Monk Sergius, of Pope Leo the heretick, and ma¬ ny other^Priefts, of whom the Scripture and Chronicles make mention, and daily experience doth teach us the fame; it is evident that, as it is fuppofed, the Priefts in‘the Kingdom of Boheme grievoufly offending,, it is the Kings, part, (or fo much as he is fupreme head next under God, and Lord of the Kingdom of Bobeme, to correft and puniih thofe Priefts. And for fo much as the gentleft correftion and punifhment of fuch as be indurate in their malice, is, the caking away of their temporal goods, it followeth, that tt is lawfull for the King to take away temporalities. Wherefore it fliould feem very marvellous and ft range, it that Priefts riding about fhculd fpoil Virgins, violently corrupt and delile honeft Matrons; if in fuch cafe it were not lawfull for them to take away their Armours* Wea¬ pons, Horfes, Guns and Swords from them. The like reafon were it alfo, if they had unlawfully confpired the death ofthe King, or that they would betray the King un¬ to his enemies; 2 5 ' Item, whatfoever any of the Clergy doth require or de¬ fire of the fecular power, according unto the Law and Or¬ dinance ofChrift, the fecular power ought to perform and grant the fame. But the Clergy being letted by riches, ought to require help of the fecular power for the difpen- fation of the faid riches. Ergo, the fecular power ought in fuch cafir, by the law of Chritt, to take upon them the of¬ fice or duty of getting, keeping, and diftribudng all fuch manner of riches. The minor is hereby proved* that no man ought to have riches* but to that end, that they be helps, preferring and helping unto the office which is ap¬ pointed of God. Therefore in csffe that fecular pofleffions 21 taking away and Sales of Cathedral lands> &c. do hinder the Clergy from their duty, the fecular power ought to take it away, for (o did the ApofHes, Aits 6. faying, It is not lawful! for m to leave the Word of God untaught, and to minifter unto tables* 1 c is confirmed. Every good Chriftian is bound to be 2 ^» helpfull to his neighbour in thofe things, cfpecially which do concern the publick good: But it will be a great help to a Clergy man to be deprived oi his temporal poflelGons, it being granted,they do ^retard him from his duty due un- * 1 f . m 2 to God ; Therefore the perfon more diffident is bound in Mat. jo . 9 , 10 , fuch aca r eby the Law of Chrift, todep:ive him of tempo Phil ? 18, 19 , ral pofifeflionsj But Kings and Lords temporal are the nioft a°.x T/jm l0 « fufficient for this, being truly faid to be Lords and Poflef- fors of temporal eftates: and undoubtedly this would efpe- cially concern the publick good, to make fuch a de-onera- cion of temporals, which in their nature are but a burden z^eS.?, 14. to a Clergy man, retarding him in his fpiritual duties, and fo many thorns fas our Saviour fpesks it in the 8. of St. Luke ) Cheating the Word of God. Moreover, Kings and fecular Princes arethe chief or ca- 27, pital Lords of goods temporal, having a care over the Church, and a fpecial power for the inferring of fuch a Coaftion, as i$ is manifeft a?, queft. 5. Principe r, whereby the authority of lftodore 30. Etymol. 5 3- It is thus written : Let fecular Princes know, that they ntujl render an account to God for the Church which they are to maintain for Chrift. And in the fame queliionic followeth. It it proper to Kings to execute The duty of Juflice , and Righteoufnejfe, end to deliver from the hand of the Kings.' gain fayers and Jlanderers, thofe who are orpreffedby force, and to ayif} the Stranger , Orphan, and Widow, who more eafily are op- preffed by the powerful!* And in the famequeftion itfollotv- eth, The King ought to prohibit thefts , punifb adulteries, dejltey the wicked from the earth, not fuferparicide and perjured perfons to live , nor their own fons to live wickedly. And by declaring where a Bifhop abufeth the goods of the Church, Blefled Gregory writes thus, as it is recited in the Decretals, 1 6. queii, 7. Decree, where having taught, that the goods of the Church J ..-- - 2 2 - An Ant tent Plea in J unification of the late Cku r cb are common, he lubjoyneth, We have received a bad re¬ port that fame Bifhops confer no I the "Tithes belonging to their Dio- ceffe, and the Oblations of charitable Cbriftians on the Priefts, or poor Jut on Lay perfort/, viz. Seuidiers, or their cm Servants, or, * As mft do which is mrfe, on * their Kindred-, If therefore any Bijbtp fkall be tow. found to be a tranfgreffor of this Precept, be is to be ranked amongft the greateft f Heretickj,and Anti-chrifts. And at the Nycen Coun- . cil cenfured of perfon* guilty ot Simony, both the Sift op who jedTthesm~ °> vet b, and the Lay tn:n who receive, are without ran feme, price, unworthy petfons or benefit to be condemned to the pmijbment of ever lading fire. Therefore what taithiuli King, Prince or Lord would not refill tech contagious perfbrf who inf*ft their own rr.o- ther. Whence 3«queP. 2. S i Ep'fcepus, The Canon (peak- eth inthefe word?, If a Bifhopby bis ill life {ball waft the goods of the Church, be is t# be removed from bis Patrimony until/ full knowledge be bad of the dilapidation he hath made, after the Exam¬ ple of Tutors and Curat!, who being fufpefied are removed from tkeir Cure or Tutelage , until! a more full knowledge be had of the ft 2 5 but' LorJ Prelates, L. Frapofitors, L. Canonicals, L. frebetids , Note* Z.. Fresbyters. And if any man fhall call them Presbyters, they are prelently angry , as if you had called them Common- cryers, or Tormentors. But if the Clergy-men, are not the Note, chief Lords of thofe Revenues, and Temporal eftatcs which the King hath given them, as holy men are of opi¬ nion, who fay , That Ecclefiajlical Perfons arc not l ords, but Attornies or Procurers only for poor men ; it then followeth, '1 hat the King is the Soveraign Lord of their Goods and Ejiates, and by confequent, can take them away from thofe Eccltfia- fticalpcrfons, who ore Delinquents, and bellow them on the poor of Cbrifi. And from hence it is the Canon affirmeth, that in -Ambrofe-. the time of necefftty,to provide for the poors relief the Goods of she Church may be fold by the PrieHs , 12 . quell. 2 . cap. Sicut Ec~ clefiajl. Farag. Secundo.Qa which St. Ambrofe limiteth the cafes in which they may break, and fell the Veffelsconfecrated , , to the Church , as it is manifeft, Diji. 96. Whatfoever in Gold, gfjl^siiver Pearls or Jewels , or in Silver, or inVejlments Jball appear to Veffels andVeft- be left ufefull, which cannot long be kept, or continue for the fer- merits, vice of the Church, let them be fold accordingto their full va¬ lue, and the profit thereof be given to the poor. Saint Ambrofe doth infift alfo at large upon this particular in his fifth book of Offices. Again, many Kings have oftentimes wholly taken away the 33 * Temporal ejiate from the Clergy, as it is manifeft by the de- The Templets, ftruftion of the Templers, and many other private ablati¬ ons} but they never did, or could do fo lawfully, as is * r manifeft by the Ht Adverfaries. Therefore in this they did mnt " s that which lawfully they could not do. And moreover, ofretorfm.Thefe in this they did that which they could not do mcritorb- Lands beingu- on fly, or according to the law of God. And feeing that hen from the every work of man proceeding from deliberation is ei- ther lawful-!, or unlawful!, meritorious, or demeritorious, Jf* cenfentt (9 it followeth that they did it unlawfully or demeritori- felicitations ~. oufly } and it followeth moreover, that info doing they fell into a dangerous error, and as deftru&ive to the Soul as to the Body : and that this error is direftly contrary to the Catholick truth , it doth appear by a threefold con- D 2 ^deration. i 2 6 An Antitnt Plea, in fpuftific Alton of the lafe fideration. Fii ft, That Kings by fo doing did that which neither was nor could be lawfull. Secondly , Becaufe they took away the Goods of other men againft a com- mandement of the fecond Table. And thirdly, Becaufe they did it not in Aimes, which is againft theCatholick truth , Let all things what you do be done in Aimes. All the Antecedent is granted by the Adverlaries; and this efcror being in Fa&,ifKingspertinacioiif]y fhall defend it, refol¬ ding by their power (as if a lawfull one ) totakeavvay from Ecclefiaftical perfons, though Delinquents, their Temporal Goods, they are in a Herefie. From which.it further fblloweth, that Kings perfifting in fo doing are Mereticks; and if they {hall defend what they have done unto death,it fblloweth that they are Hereticks,and dam¬ ned; and from this again* it farther folIoweth,that Clergy¬ men beneficed who do believe what here is fakl, fhould hot pray for the faid Kings deceafed. 54. Again , the Pmperour or a King, not only ougbteth , but it A Church en- becommth him fo to indow the Church , that he may lawfully dewed conditio- take from it bis gifts of Aimes, in cafe that the abufe thereof 9a ^’ doth tend to the detriment of his Kingdom , and the hinderance of the freaching of the Gofpel. Suppofe therefore, that under fuch a condition he hath endowed fuch a Church, it may thereupon be thus argued. If according unto that form the Emperour or the King had endowed the Church of Prague , he might lawfully in the cafe of the Detriment of his Kingdom, or in the contempt of his own perfon, or in the cafe ofthe not preaching of the Gofpel, takeaway his gifts of Aimes* But the Emperour or the King could under fuch a condition have endowed the Church of Prague ; therefore for the contempt of the Clergy he could lawfully take away the faid gifts of Aimes he had given. The condition therefore being iawfiill and honeft, and the cuftom both of the King and kingdom, dofhow that condition infaSo to be added. It feemeth to be too prefumptuous an afferti- on, that our Princes cannot take from them their gifts of Alms , be the faults they have commited never fo enormous ; yea when it was properly in their power to adde fuch a condition. 2 7 taking drvij and Sales of Cathedral lands , &c. And again , when as thofe who received thofe gifts of Aimes could commit never fo grievous offence^asalre:- dy i havefaid. It is mamfeft, that o: Mln If this comes to pafs, the Dominion of our King , and of the Ba- rje tons will be extinguijhed , and by confequence all Soveraignty, fr it is not lawfulkfor the King(as the Clergy do affirm)to ■ terpofe in matters concerning themfelves, or their pofie< ons,be their offences never fo haynous;neither is it lawf for the King to meddle with their Temporals, how go foever the abufe doth tend to the indangering of the kit: dot jtn Antknt Plea in purification of the late 3 6 . The abufe of 6 ifts, 37 - dam) becaufe ( they fay ) they are exempted from all Kingly Jui ifdiftion , both in Body and in Goods } and im¬ mediately fubjeft to the Popei And thereupon committing The Clergy un- infolencies in the kingdom , they will not be corrected by the Zbloaeiwihe ?' Hgi bu ! are , lik tg°odor evil Angels , net fubjeS to the King in K ng ™ 0Wn Again, according to the Decrees of Gregorie, 2.qusefiv 3* ought, altogether to lofe his privilege, who abufeth the Pwer that is committed to hint, but every Clergy-man abu- fing the Kings gifts of Aimes, doth abufe the power com¬ mitted to him*, That indowment therefore being a Privi- lege, it dirq&ly followeth, that he ought altogether to lofe it* And to whonijbut to the King who didiwfriviledge hint > for it is hispriviledge to interpret, and to defend, or take away, whole priviledge it is to make. It is confirmed by that of Matthew, Chap. 23. To every one that hath it (hall be given, and he Jhall abound : and to him that hath not, even thatfhall be takgn which he hath . When the King is obliged fo to abound by the Title of his Ju- ftice,it feemeth that the Ablation, or the taking away from him whom he hath indowed with Church gifts, ought to proceed from the King himfelf; it being fuppofed it may fo come to pafs, that he may feem to have thofe gifts of Aimes which he hath not. It is confirmed alfo by the law and due of thefe Spiritu¬ al gifts of Aimes * y for the King is bound by the laws of God and of his Kingdom to preferve Juftice* for the fafety of his Liege-people. But the chief work of fuch a mercy which belongeth to a King is a coafiive caftigation^ to con¬ tinue fuch works of Aimes which he ought to fee perfor¬ med. The Clergy-men therefore who take the greateft of¬ fence at the taking away of Temporals,^ yet challenge, that the Seculars do defend the gifts of their Progenitors remaining in their fir ength \ which cannot be, unleffe the Church hath the profit from fuch gifts of Aimes* in fuch a man¬ ner , chat being put together it may remain upon the ac¬ count of Priviledge, or of free gifts of Aimes, which U ** m twguijhed when the faid Clagy-mcn do abufe their gifts^ cording 38. taking aw *y and Salts of Cathedral lands, &c. I I K » 1 k i' it, i! it ) H I il :o 9 o( »• \t it! <9 tt Sf i ill * i t t f coiding to the Decrees of Gregory alledged in the fore¬ going confirmation. If therefore the Temporal lards C as the Clergy-men who enjoy thefe Gifts of Alms do chal¬ lenge ) are bound to continue the charitable Donations of their Fathers, whofe Heirs they are-, they are then bound to con¬ form thetttfelves to that which followethj for otherwife they would be obliged to Contradictories againft the pollibi- lity of the Divine law, viz. both to continue the laid Gifts of A'lmes, and to defend their abufes in the feveral fpecies of them, according to which fence, they do want the form and the very effence of a fpiritual Gift of Alms. There¬ fore when Kings and Secular Lords are bound to continue the Aimes of their Progenitors in the perpetuity of them, they are obliged alfo by the law of Spiritual almes to chaftife their Liege-pecple abufing them.They are obliged alfo by that Obligation,to do juftjce to their Subjefts,and to extinguifh thofe injuries which moft dangerouily tend to the mine of their Subjects. It is manifeft, drat infome cafe they are bound to re- ftoie their Coods to the Holy Church , and to take them away from the Defpifers ofGod and his Kingdom-, for this was the condition of the firft and antient Donation.There- fore if our King have not the power over thefe his Peers to cor re ft the abufeof Aimes in his Clergy, he hath not the power of governing politickly over all his Kingdom; But yet if we do well attend to the holy Scripture,we (hall know what is fpoken of the priviledge of the King, to wit, that he hath a coercive power ove, the Clergy; and the Clergy have a priviledge alfo, that they have fuch a One fet over them, to whom defervedly they may fubmit themfel ves. Again, Kings and Princes, and all Lords Temporal are bound to a Brotherly corre&ion, fome circumftances con¬ curring, which require fuch a correftion. But it may well come to pafe, that a Clergy-man may tranfgrefie with Inch a circumftance, that a Brotherly correliion of him may be ntofi needfull and efjettual , by merely taking away from him thofe Temporals which he abttfetb .; Therefore it may fo come to 3 9- 3 ° An Antient Flea in ^upfcation of the late uTpaCs, the temporal Lords by the Law of Christ are bound unto if; neither doth it any thing avayl to fay, that the Difpen- fation of the Pope, or any Priviledge, or Exemption doth exclude it;for God forbid,that a Catholick ffiould affirm, chat it is lawfull for Ghrifts Vicar to do that by his Tra¬ ditions, which may hinder, or derogate from the Praftick lawofChrift, and impede Catholick Lords from an effe¬ ctual,, and a profitable correftion oftheChurch;fcr it if not lawfull for a man fo to exempt any, of if he Jhall fall Into a fin, it Jhall not be in his Power to correft him. Difpenfmn. Upon this account it is, that St. Bernard in his third Book to Pope Eugenius, calls a Difpenfation which is not for the Publick good , a Diflipation; And hereupon he hath thefe words. What? Do you forbid to difpencel No, but to difsipate ; I am not [o filly as to be ignorant that you are made Vifpencers but to edification,not to defiruBion. Amongtt Difpett- fators,or Difpenfers it is rc quire djh at a man be found fait hfull: when Necefsity urgeth , a Difpenfation is excufable-, when Profit inviteth it, the Difpenfation is laudible ; but this Profit mull be publicity and common,and not private and particular,for where neither of thefe two are, it is not afaithfullVifpenfation, but a cruel Diflipation. From the words of this Saint it is manifeft, that privi- 1 edging or exempting is not zfaithfull Difpenfation , but a cruel Difsipation. If Clergy-men be exempted, let their fin be never fo enormous to from being correfted by any but the Pope only. For what is the profit of the Church, that Clergy-men ffiould be wanton and rampant as Bulls, and like untamed Horfes, neigh unto their Neighbours wives; unlefsinfuch grievousexorbitancies, fomeyoak, or curb be impofed upon them by the Princes. For Priviledging, Difpenfation, or Exemption, ought not to be an Authority to them fpr the committing of fin; for St. Auguflin in his fourth Book, intituled Authority, Quaeffi 23. faith, that he who fmneth,finneth not by the Authority,but againft the Authority of the Law . 40. Again,the addition of temporal Goods is commonly not fo • near to the laft neceflity of falvation by corporal punifh- ment taking atviy and Sales of Cathedral lands, Saint Peter, the imediate Vicar of*Chrift,faith in his firft Epiftle and f'econd Chapter, Submit your felf to eve¬ ry Creature for the Lords fake , whether it be-to the King as Su- . E2 ’ .preamp 34 ^7 An Antient Plea in Juftbftcation of the late Leo the Pape fnbjett&i him- felf to Ludo- vick the En j/e* nr* The pride and tyranny of the Clergy. 4V HiJdegardis T rophe.y. [ream • Or imto Governaurs, as unto tkofe who arefent by him for the pirn (foment of Evil doer s y 'mA for the praife of them that di well} for fa u the will of God¬ in order to this Rule Pope Tee dklfubfeft himfeffto L udoTicm the Emperor, as it is written^ .gWtf.y.in thefe , words , If we have done any thing incompetently , and have not to your SuhjtSs obferved the true rule of the Law, we are ready to amend and correct all things according to yours and your Counfelijudgement-, for if we who ought to correa the ft ns of other men do commit greater offences our pelves , certainly we are not the Difciples ofChrtfi, but as with grief we fpeak if, ». pall be above all others the Makers of Errour ; And in his tenth DijiinSion writing to the Emferour of Obedience , he hath thefe words , As for the moftfaithful!, and irrefragable keeping and obferving of the Imperial Orders and Precepts, and of the Bijhops our Predectjfors, (GIoffe, that is of theEmperours who are anointed after the manner of Bifhops ) we profe(je that both now, audalwaies, to the uttermoft of our Tower by the- Grace of Gad we will be mo(l car (full-, and if per adventure any other Man either hath or Jhall inform you otherwifefe a (fared for certain that he k a Lyar 9 J J Behold how that holy and devout Pope , callingeven Emperours by the Name of Bifhops, according to the rule of the ApofHe Saint Peter, did fubrnic himfelf, as well to obedience as to pun foment.Why therefor efbould not aCler- gy-man of the Kingdom of Bohemia fubmic himfdffor the Lords lake to the King in obedience > and if he hath of¬ fended in punifhment alfo; and not only to the King but unto Dukes-, and not to Dukes only, but alfo to every hit. mam Creature ? for by how much the more he humbleth himfelfm this world for God, by fo much hefhall be the more exalted by God in the world to come ; And what hinders that tku Jhottld be done , but Pride only? by which Anti- Jeft Ckrf* t0U biW ^ d ° VC ° Ur bUmlU L ° rd md Ma J ier Alfo the forefaid opinion concerning the ablation of 1 empmalties, leemeth to be manifeft outofthe Prophe¬ cy-of Hildegardii the Virgin, which fee puts down ihher Books taking away and Sales of Cathedral lands , &c. Books under Eugenim the Pope in the Counsel ofTre~ verfe, approved and allowed by many Bifhops of France^ Icaljyind Almaine , which were there prefent, whereas alfo Saint Bernard himfelf was prefent; the which Virgin pro- i phecying fpake in this manner. The Kings aBd other ! »i Kulers of the World, being ftirred up by the juft judge- »: ment of God , (hall fetthemfelves againfl them, and run fl upon them , faying, We will not have thefe men to reign is over us with their rich Honfes and great Poffeflions, and r other worldly riches,over the which we are ordain’d to be # Lords and Rulers; and how is it meet or comely, that i» thofe fhavelings with their tooies and chids fhould have li more fouldiers ,, or more or richer armour or artillery I than we ? So is it not convenient, that one of the Clergy i fhould be a man of War, neither a Souldier to beoneof s the Clergy. Wherefore let us takeaway from them that , which they do not juftly, but wrongfully pofTefs. And immediatiy after {he faith,Tire Omnipotent Father equal¬ ly divideth all things, that is to fay, the Heavens he gave t unto the heavenly Creatures , and the Earth unto the earthly. And by this means was there a juft divjfion made i) between the Children of men, that the Spirituality (houid it have fuch things as belong unto them, and the Secular n people fuch things as are meet and neceffary for them, fo f that neither of thefe two forts do opprefie each other by ,{ violence; for God doth not command, that the one f Son or Child fhould have both the Cloak and the Coat, , and the other fhould go naked; but he willed, that the one fhould have the Cloak, and the other the Coat. Wherefore the fecular fort ought to have the Cloak for the greatneffe of their worldly cares, and for their Chil- 1 dren , which daylie increafe and multiply. The Coat he giveth unto the Spiritualitie , that they fhould not lack clothing, and that they fhould not pofTefs more than ne- ceflity doth require. Wherefore we judge and think it I good, that all thefe aforefaid be divided byreafonand equity. And wher eas the Cloak and the Coat are both fou nd /"V 7 zy_ _—,— An Anttent Plea in ^unification of the late f^ 7 nd 3 there the Cloak (bould be taken away , and given unto the needy, that they do not periftifor lack or vvaat. Thefe aforefaid tpa' e the Virgin Hittegardti, plainly fore- ftiowing the taking away of the Temporalities from the Clergy by the fecular Lords, and (hewingfor what caufe they (hall be fo taken away. And what manner of divifi- on (hall b/etnadeioftbofe things that are taken away , that they be hot confumed, and (pent unprofitably. This bleffed Hildegardis , whofe Prophecie this, flou- rifhed about the year of our Lord 1046. as it is written in Martins Chronicle*. 43 - Alfo Hugo in his fecond Book of Sacraments , in the Hugo at St- p econ( j p ar t } third Chapter and 7. faith, The Laity for- um.tut 2. a ( rnuc [ 1 as they intermeddle with earthly matters neceffa- ry unto an earthly life , they are the left part of the body of Chrift. And the Clergy, for fo much as they do difpofe th ofe things which do pertain unto a fpiritual life, are as it were the right fide of the body of Chrift. And after¬ ward interpreting both thefe parts himfelf, he faith, A fpiritual man ought to have nothing but fuch as pertain- eth unto God, unto whom it is appointed to be fuftain- edby the Tithes and Oblations which are offered unto • Go d : but unto the Chriftian and faithfull Laity the pof- fefsion of the Earth is granted; and unco the Clergy the whole Charge of Spirtual matters is commited, as it was in the Old Teftament. And in his feventh Chapter he declareth, how that certain things are given unto the Church ofChrift by the devotion of the Faithfull, the power and authority of the Secular power referved, left there might happen any confufion Forfomuch as God himfelf cannot allow any difordered thing. Whereup¬ on oftentimes the worldly Princes do gt ant the bare ufe of the Church, and oftentimes ufe and power to exercife Juft ice 5 which the Clergy cannot exercife by any Eccle- fiaftical Minifter, or any other perfon of the Clergy, Not- withftanding they may have certain Lay-perfons Minifters unto that office. But in fuch fort, faith he, that they do acknovv- in It fe III) U it| Ik it mi iik fr taking away and Sales of Cathedral lands t &c. acknowledge the power which they have to come fiont Note the Secular Prince or Ruler, and that they do under- ftand th ir Poffeflions can never be alienate a a ay from the Kings power; but C if that necei^ity or reafon do require ) the fame Poffdlions in all fuclt cafe ofnecefli- ty do owe him obeytance and fervice. For like as the Kings power ought not to tut ri away the defence or fafe- gard which he oweth unto other : f> likewifethe Pof- felfions obtained and poflefled by the Clergy, according to the duty and homage which is due unto the Patro¬ nage of theKings power, cannot by right bedenyed. Thus much writes H«go,with whom Mm Hus concludes his Difputation. Mat. 5. 39,40. But I fay unto you, that you refill not evil--, And if any man will fue thee at the Law , and take away thy ,Ji Coat, let him have thy Cloak alfo. '* Phil 3. 8, 17, 18, 19, 20. Tea doubtlefs, I count all things ■ but hfje, for the excellency of the knowledge of Chrijl Jtfus my & Lord, for whom I have fnffered the Ioffe of all things, and do count i!: ' them but dung, that I may win Chrijl. Brethren be followers ® together of me, and marl^ them which wa\fo, as ye have its fof for an example. For many wall^of whom I have told you often, lk and now tell you weeping,that they are the enemies of the Crofs '» of Chrifl ; whofe end is definition, whofe God is their belly,, iftt whofe glory is theirJhame ; who mind earthly things. But our W conversation is in heaven. |i Col. 3. 1, 2, &c. If ye then be rifenwith Chrijl, feekjhofe ,i things which are above, where Chrijl fits at the right hand of (Is God. Set your affedion on things above, not on things on the t earth-, for ye are dead, and your life is hid with Ghrifi in God. ji Mortifie therefore your members which are upon the earth, inor- ss dinate affMion, evil concupifcence, and covetoufnefs, which is i idolatry ; for whichthings fake thewratb of God conuth upon | the children of difobediencei An Antient Plea in purification of the late 38 |#i-4 #> ######## * 4 * W A 'fupplemental Appendix to the premifed Vifrutatm o/'john Hus jnefragibly evidencing theSupream Junfliclioncf our Kjngs,Lords,and Parliaments } not only over the Terjons, Liberties , Lives of our Archbifops , LBtfhops , Abbots, Priors, Church men , cafes of High Treafon, T^ebellion, Difobe * (jmumacy and Dfoyalty-but bkewife over their Temporal Lands and Ejlates , to f ife and conffcate them Vp'uhmt Sacrtledge or Injuflice. a Mr. Fox Ails and MonH rrents, vo!. i. The Preface to John Hus hit work, Rijbop Jewel, Ur. Jo. White, Eipoop Vflier, Dr. Featly, llknc. Catalog Te Jiium, Permits, and oihers. b i Tim. $• t7, 18. Mat. i o. 10. i Cor. 9 4, to li.Gal• (.6. Hob. j. 2 , to 11. '■'g|F “''Bjy'’ Aving preferred the Readers with theme- || morable Dijputation ofthis famous learned ag - ■ ■ Bohemian Marty John Hus , in juftification I of our Englijh Apoftle, and prime Affertor M of the Reformed Religion,we now profefs, vvhofe Doftrine fpread it felf into (a) Bohemia, German), and other parts, to the (iibverfion of the Popes and Prelates ufurped Authority over Kings,& Popery by degrees. It will not be unfeafonable, by way of Appendix, to fubjoyn fome memorable domeftick Evidences & Prefidents in all Ages, to juftifie their opinions in point ofpraftife : Not with the leaft intention to deprive the faithful), painfull Mini- fters and Pieachers oftheGofpel, or any true Evangeli¬ cal Bifhops of the antient Glebes, Tithes, Dues belong¬ ing to their refpeftive Parochial Churches, or of that li¬ beral competent Maintenance, or ( b ) double Honor which belongs unto them by a divine right , and common natural Juftice , for their labour in theworkyf the Mittifiry, which 1 have I I, fi tt prc; W ifti in fi ft 0 enii UK m fa rof; m Mi ,ki nfc llj oti It if #L tk ti t (ii [apple mental appendix to John Hus his Dj [put at ion. jp have (c) publicity and largely aflerted ; But only tovin- ciaihefiftfy dicate the juft Prerogative of our Kings,and Jurifdi&iou ftcond p*n of. of the Temporal Lords and Commons in Parliament,over ^ 3 ( 0 r th« thePerfons, and fuperfluous large Temporal Mannors, Tithes and* Lands and Poffeftions of delinquent Archbi (hops, Bifhops, fetkd, Main- Abbots, Priors, Deans, Chapters, Monks, and other reli- tenance of gious Perfons, which are not of Divine or Apoftolical, t,ic Minifters but mere Humane infti tut ion, and not abfblutely necel- ‘[J e l ( ’ n °f on _ fary to the being of the Church of.Chrift, as trtie Evange- ,‘ 63 j ' lical Bifhops and Minifters are, whole principle office and duty is frequently to preach the Gofpel, and adminifter the Sacraments; not to domineer over their people,or fuf- pend them from the Lords fupper. Mat. 28.19. 20. Mar. 1 6. 15. 1 Cor. y. 7,18, 21. c. 9. 14, to 19. 2 Tim. 4. 2,5. Pvom. 10. 19, 20. 1 Pet. 5. 2, 3. . - To this end, I {hall defire our Archbps. Bps. and other Cathedraiifts to confider 1. That(dl) Gtatian theCanonift, d Dittinfijo 80. (e) Peter Lombard the School-man, with moft other * Sment l. 4. Canonifts and Scholmen in their Glofles or Commenta- ries on theit Texts; (/_) Matthew Parker Archbifhop of Brit. p.7." Canterbury , Mr.(^') JJjh Fox, (ft) William Harrifon, (i ) Ri- g AUs and chard Grafton,(kf) John Speed , and no leffe than thirty more Monuments, of ourantienc Hijlorians and other Authors, quoted by 1*41. * Archbifhop Vjbcr for this purpofe, affirm, ‘ That the ‘ antient Britains before their converfion to Chriftianity h Description of c had 28. Flamin.es , and 3. Archflamines mthis ourlfland, England/, i.c. ‘to whom the other Priefts were fubjeft, having diftinft 1, 2. c Cities, Sees, Diocefles, and Temples wherein they refi- 1 ch,on - P*rt 7. ‘ded and exereifed their Ecclefiaflical Jurifdi&ions; that £ ‘King Lucius upon his converfion to Chriftianity, about Great Britain, ‘the year of our Lord 175. by Pope Elutherius his dire- p. ij». ‘ ftion, took away their Sees, Lands and Temples from I De Brit. Ext. ‘them, and placed 28. Bifhops, and 3. Archbifhcps in ^rimordii,, c. ‘ their fteads, turning their Sees into Archbifhopricks and *• s5 > ‘7, ‘Bilhopricks, and their Temples into Cathedial Chur- I0 ', ‘ ches. Yea Gratian himfelf Viftindio 21. and the Gloffers on him refolve, * That the diftinttion among Priefts, whence ‘Lome are ftiled Priefts (imply, othcrs-Archprieffs, others ‘ Choral Bifhops, others Bifhops, others Archbifhcps or Metro- F politansj ^ 9 * il 3E? 40 fup fitment al Appendix to J ohn Hus bis Deputation, rib js maxm-.e introvjufta eft fee* Grattan Dijhnti. z1 . tn NorK'Ti dif c po lit arts 5 others Primates ? others Chief Priefls (rii) WAS cretio a Gen- c pRL\ClPALL!INTKODVCED LITHEGENTlLS(not c the Apofties or Primitive Chriftians) who called their c Flamines , tome iimple Elamines, others Arch-flamines , 6 others Proto-flamines. If then thefe their Hierarchical or¬ ders were originally derived from, & they fucceeded the Pagan Flamine-, Arch-flamins,Proto-F!amin;,iii their Sees, Jurifdi&ions, Temporakies, and Cathedrals, whrdFKing Lucius took from them without facniedge or irapietie; then by the like reafon and prefidentour Kings or Tem¬ poral Lords and Commons in Parliament maydeveft our peccant Prelates oftheirSees,Temporaries,Cathedrals,8c convert them to other ufes for the publik cafe and henefic of the Kingdom, when they fee juft caufe,being originally dedicated to thefeFlamines,Arch-flamines,Proto-flamines, and their Pagan Gods. 2ly. That admit thefe former Authors relation; touch-* ingFlamines, Arch-flamines, and King Lucius erefting Bi- , , fhops and Arch-bilhops in their See 1 , to be falfeand fabu- X'-! nC flV he louSj a< Bi{ho P COBtfhop Godwin, (ABiihop Ck.'4. divif 2, C< 7 ) Doftor Sutcliffe, and (r) Sir Henry Spelmanvt* o 'a di/courfiof pute them; yet it is agreed by all, that the primitive the cower fan of Evangelical Bifihops from otir Savioftrs time, had no ?• l6 > Temporal Lands or Pojjifiions-, till the year of our Lord 319. P But Ecd when the Emperor Conftantine tkcGreat fit ft endowed Bijhofs P inrad . p.si, and Church-men with them,as (f) Matthew fVeftmnjler and 53,92,92*99, others record, though his pretended Donation of Rome and 100 other Temporaries to Popes & their fucceflion',as St.Peters qSubterfm of Pa! rinterne, be a mere. forgery ,as ( t ) Laurentius Valla, (tf)Dr. sfmMrfiZ Crakinthorpe, and others quoted by them prove at large. 7 Concil. Tom, Now (x) Johannis Farifienfis, (y) Hidden, (z) Wichfiffe, the up 13, 14* Lord (*) Ccoham, Purvey , (b) John frith , (c) Navchuf> (Flores Hiffr. (d^B (bop Iewel, (e^ T^homas Beacon, and others relate 5 An-W.p. 33 . ' 5 x P e J 0nitl0ne Coriffontinh u His defence of Conftantine .y T)e utraqnepnteftate, c. 2i y Poll- C * 2 T‘ Z 1$, 26. a Fox ASs and Monuments, p. < 17 , * * ^Preface nf^r, Moore, p nfac Chrnn invitaSyheji dSemonmH^ * i» / t^ncecj tioe Apology pari 6 , c, 9, divif 3. e Reports of cert Ain men, vd. 3. ^ 34 J * 'Ihfit A [upplementd Appendix to John Hus hus Deputation. 4 * lhat when Conftantine endowed the hijhops and Church with ‘ temporal Lands and Poffefsions , the voyce of an Attgehm heard in the ayre, crying, Hodie venenum infunditurin Ecclefiam, this day is Poyfon pdwred into the Church of God-, - and from that time (they ob/erve) becavfe of the great Riches and temporalties the c hu.rch and Eijhcps had, they were made the more Secular, and had more worldly buftsiifs, than g .^ ./"gf! Spiritual devotion ; and more outward Pomp and Splendor, },jh Lordly Pre* than inward Holynefs ; the Daughter, riches which the Church lacy to Monar • brought forth, devouring her Mother. Which if an experi chy and-Z)nity, mental verity, as fundry of our own and foreign Writers ch S '& 9 ' atteft,(as I have fe)el few here proved at large;)then it can f he Sll be no Sacnjedge or mpicty, but wholfom phyfick,for the toller Me af u r- King and Temporal Lords and Commons in Parliament fattens upon the tor juft caufes,to take away this poyfonfrom Biftiops,andCa- Kin t s p ^oga- thedral Churches, which hath to much poyfoned , cor- ttv [. K T l ',-f d rupted them5 and to reduce them to the condition of the S'An si si. Primitive Biftiops, who by the Decrees ofthe (g) 4 th. h Sunns Con- LiOunccl o\ Carthage 3 c. 14; and the Exceptions of Eg- cl ^ Tcm » 1 P 9 pert Archbiffiop of Tork^, Anno 750. c. 2 6. were only to GmiM enjoy mean HouJbold-Jlujf,courfe Food, and HO S PITIO. Di ^ nl l: ‘* I * LV M , a little Cottage near the Church', not a Roval PaUce or Lordly Manors, which made them more Proud, defiant" Lordly, becular Tyrannical, Pompous, Covetous,than dumhabeat. any^ Temporal Lords, and to take precedence ofthem Vt E P'f C0 P M both in great Councils, Parliaments, and other publick T embiies, yea to intrude themfelves into the greateft ac 'muj™ 1 lemporal Offices , to the great negleft of their Spiritual payperem babe - they fcoming to hold and follow the Plcughof digniu- 5 after they became Lords end Barons of the Realm, '*/*<* «- ojP Latymer groves at large in his 4th. Sermon ofthe Plough) ^ forgetting thefe Canons of the 4 th.(^_)Cw /»«7 J Carthage, c. ip, 20. Vt Epifcopuspro rebus tranfitoriis non 1 Speimnni ttiget provocatus. Vt Epifcopus nuVam rei familiariscu.ram Cof, cil. Tim. t. ad fe revocet, tetilcittont ct ;©3attoni,et tterbt p j£e - p *61. Dtcartom tantimimouo tacct, as the primitive Biftiops kSm ^Tcm. did; which would gain oar prefent Biftiops more love, reipe-ft, reverence with God, and all good men, than all ctuf. ij^'i* F their ..y ___ A.* A (itfphmcntd Appendix to John Hus his Difputation. c [ ie i r Lordly Pomp, Temporal Lands or Baronies, which in all Ages have made Bilhops and Cathedral-men more • Secular than Spiritual, more prond, luxurious, covetous, vicious, than religious or vertuous, as Gregory Nazian- Z en , Oratio 2 6. & 35. Ifiodor Pelufiota, Epift. 1. 2. Epift. 125. Sc I. 3. Epift* 223. Gregorius Magnus, lib. Paftoralis Cura;, part 2.*c. 6. Moral ium in Job, 1 . 24. c. 29, 30. 8c Homil. 17. in Evangelia, GildasacrisCorreptio c'eri Britannia:, St. Bernard Sermo. 2 2,23,77. C antica. ad Clerum in Con- cilioRbemenfi, deConfideraticneadEugenium, 1.1, 2,3,- 4.Epift. 42. Henrico Senonienfium Archiepifcopo, Johan- nis Sai isburienfis de Nugis Curialum, 1 .8. c. 17, 23. Pe¬ trus Blefenfis, Archdeacon of Bath‘, Traftatus de conftitu- tioneEpifcopi, Johanni VVigornienfi Epifcopo ; & Epi- ftola 15, 18, 22, 25, 43, 54. Robertus Holcot in lib. 5. Sapientize Left. 77. Alexander Frabricus Deftruftorium Vitiorum, pars 4. c. 8, 14, 21, 22. pars 5. c. 2. pars 6 . c. 2. 26, 40. John Wicklift Dialogorum, 1 . 3. c. 14,17,23. Alvarus Pelagius de plancotu Ecclefize, 1 .1.Artic.70.D-l.2. Artie. 1. to Artie. 17. Nicholaus de Clemangis, d^Cor- rupto Ecclefiae ftatu, c. 17,18,19. EpifcopusChernnenfis; Onus Ecclefiae, cap. 14, to 27. Joannes Aventinus Annal. Boyorum. 1 .5,6, 7,8. Albertus magnus in Evangelium Jo- hannis, c. 10. picus Mirandula, Oratio ad Leonem, 10. Petrus de Aliaco, de reformatione Ecclefiae, Abbas Uiper- genfis Pai alip. p.i64.Fafcicu!us Rerum expetendarum,p.* 173. Marfil. Patavinus Defenforis Pads, part 2. c. 11. Theodoricus a Niem. 1 . 3.c. 41,45.80. a.&NemoreU- nionis, c. 1 9 Guicciarden Hifioriae leal. 1 . 6 • St. Brigets Re- j. Fox Alls and velationes paflim, Petrus de Vinels, Epift. 1 . 1. c. 35. Hliri- M) u*.ents,wl. cus Catologus Tellium Veritatis, ( ) Peirce Plow- man his complaint of the Abufes of the World; Sir Geofry ? 3 2 - . Chaucer in his Ploughmans tale, (/) Lucifer Prince of 1 [f f cx _ , Darknefs his Lecters to the Prelates of England, written,as ' L T:i 1 o p is fuppo r ed by William S Hinder by a Martyr, Dr. Barnes his 6 3 463. Supplication; his Articles, p. 210, to 216. and Mr. William ’Tyndal his obedience of a Chriftian man , and Praftifeof Popilh Prelates, hbn Bale, de Vitis Pontificuni, Cen- turix j, »; ite W Lis jUh bi mil. C» !.P(. lb Epi- urn .2. '* x '(S- r,]' IjH ip »f Ml mil tsl i Hr ltd 1 0 Of mi % » A f 'upf fomentai Appendix to John Hus bis Deputation . ^, turiae Scriptorum Brit, and Image of both Churches on " the Apocalypfe; John Frith a Martyr , in his Anfwer to Mr. Mores preface; Roderick^ M>rs his Supplication toKlW Henry the Sth. and Parliament, c. 23,24. Another Sup¬ plication to KingHenry the 8th. printed 1544. The Image of a very Chriftian Bifhop, and of a counterfeit Bifhop, printed Cum Privilegio Re gall under King Hewy the 8th*. William Wraghton his Hunting and Refcuing of the Rho- mifh Fox, dedicated to King Henry the 8tht Henry St al¬ lridge his Exhortatory Epiftle to his True Country-men of England againft the pompous Popifh Bilhops thereof printed in H. the 8th.his reign at BafifMartin Bucer Regius Profeflor of Divinity in Cambridge-, De RegnoCbrifti de¬ dicated to King B Award the 6th. 1. 2. c. x, 2, 12. & De vi 8c uhi fanRi Minifterii; The Image of both Paftors, print¬ ed at Loudon Cunt Privilegio 1550. Bifhop Hooptr on the 8th. Commandement, p. 78, 7©. Bifhop Latymer his 4. Sermon of the Plough; Matthew Parker ( or Jocehn) A11- tiquitates Ecclefise Brittannica;, p. 139, to 144. Thomas Beacon his Reports of certain men, and in his Supplica¬ tion, vol. 3. Bifhop lewd in his Sermon on Haggai j. p. 176. and on Matthew 9. p. 198. ( All which the Studious may (a) elfewhere perufe at leafure) and fundry o- 3 See thers joyntly atteft. Upon which confideration, not only % m T m J 4 Suinderby , Walter Bruce , John Purvey , Sir lohn OldcalUe AndmyAntipai Lord Cobh ant Sir lohn Per; kick , juftified the lawfullnefs of the Eng- and neceflity of taking away the Bifhops abufed Tempo- lt ^ Loid!y y,e ~ ralties which were fuch poyfon to them. 1 l V' cb 8 * waere mojl of quoted at large b Fo x Alls and Mmments, vsd. 1, p 639, to 6 18.6*2.641, Spiliopa- t j !e acknowledged , and ratified by their Oaths in ^i'p^^^ 1>H t p, e ir famous Recognition in the Great Council held at iJom.Reg^ejfe Clarendon, Anno Demini 1164.which thefe Prefiients will debit in manu. abundantly evidence. In the year of Grace 653 ' a fter the death c f Honor ins Archbimop of Canterbury , that See continued void 18. months ;Anno 669. after Adtodam his death it remained void almoft 4. years. Anno 69 0. after •fheader m his death it was kept void almoft two years^nd as long after Jatwins deceafe , Anno 734. After Cuthberts death Anno 758. it was vacant above one year. Anno 7 2. two years after Bregwins death, Anno 790. three hfms , & inde p fiipiet on./ies TeddiMy Sicuc I^OfTiinicoS red dicus To os Mu. Parii, p. 96 , 97 . G et- vtfii Chronicon. coi . i *8 5 - f« 86 . Hwkn Ho years a{ ’ ter L amberts death, Anno 830. above one year linfhed, Speed, after Wilfreds deceafe. Anno 958, almoft three years after andotbers , An. Qdo his expiration. Anno 1089. four years after Laufrankps 1 ‘ departure , Anno no9. five years after Anfelmes death, a God&hs a- yp nno J126. two years after William Corbel, Anno li$i* SS"V«"« three years after Richard Wetherfhed, Anno 1242 two *5,s6sr*s8,’ years after St. Edmond, Anno 1270. as long after Bomface, $9, 76, 81’,8?, Anno 1502. two years after Henry Dsan^An.x^. one year 84, in, U2, a {* ter Cardinal Toole , Anno 648. After Taulimts the tint 114,119 See Arc hbitoop of Tor f^that See was kept vacant 2o.(fome lay d * 20.) years, Anno 1114. fundry years after Thornaf the (e- cond, Anno 1140. almoft two years after Thurjlan , Anno 1 is 1* ten years after -Rogers death, Anno 1213. four years alter Geoffry , Anno 125 5. thirteen months after M-tlmesbury de Gejiis Pmifir cum , Bed*,ft4 dulfde Duet t 'bron. Jflun. aitcl v , wT;J .. Brompf Gerv. 1303. after Thomas de Corbridge, above two Dorobern. AxIm ^ ^ - r -— ^ ^ // Fontif. Cant, Muntindon , Moved. Atitiq. Eocl. Brit. ■Mu. Weftm. Mat. Farii , Walftng* end <99, 607 , 6o9,6oj.rho. Stubs, Atlm Pot, tif. &*• mm.Dunelm. Kdulph. de D cuo, mtmeib.de Gefi. Fonnfd.j. Flor.Wttorn. years" 131$. two years after William de Greenfield, j nn0 5 1240. two years after William de Melton, Anno 1404. two yearrs and an half after Henry Scroop , an Arch-traytor beheaded for Treafou, Anno 1423. two years after Henry Bluet , Anno 1449. almoft four years after John Kemp , Anno 1464. two years after William Booth , al¬ moft - r, 1, k m li ddr Sli iflt •ik ISfl Ac k thrr J» afte 4 •stL V- wo ij«« se i thet' ,i itjf 0 )0 4 nj »!>' iff' mi mil i|( __ fitpplemenul Jppc rJix to John Hus hit Diffuntm. 4 5 moft a full year both after Cardinal TJVolfie, and Y award Lee, Amo 15s9* after Nichcl.if YI'eath ,two years, 1568. after Jhomas tonne; above one year-. Tons long have both our Archbifhopricks been kept void, and their Tempo¬ raries held in our Kings hands to their own life, by ver- tue of their Prerogative Royal, without any Sacriledge, Injuftice, Impiety, or any reall prejudiceto Chinch or State.[«] An.6\y. after Mdlitvs Bp. of Lenten his tranflation a C-dtv’n. p. to Canterbury, that See continued void 32. years together, « 3,184,189, An.66 2 years, An.\ 133.7. years after Givert, Anno 11S7. *'°' ,9I,,96 ’ after Gilbert Foliot above twoyears,^/f.i27p.above one year 102 ’ 2 jM» 21 "» after John de ChUhul, Anne 1303, almoft two years a ft e rib- chard de Graneford , Anno 11 o 1. after 2 Savage above ’ two years. 1171. after the death of Henry de Bloyes, the Bifhoprick of Winchefter was kept void above 3. years, 1238. after Peter de In Roch five years, Anno 1242. after Vvilliam de Rarvley fixteeu years, Ethelmarw by the Kings donation holding it nine years without confecrati- on, Anno 1259. after Henry de Wengbaw fix years. Anno 149 2.after Peter Coventry above one year, Anno 1500. after T homos Langtontwo yea vs. Anno i«528.after Richard Fox two years. Anno 1530. after Cardinal Woolfey almoft 4. years, | b | Anno 11)1. after the death of Hervetw fir ft Bifhop of ^ Godwin p. Fly, that See was void above two years. Anno 1169. after jj 5 ’ 2 Ngellut the fecond Bifhop five years, Anne 119.7. after ^Villiam Longchamp above one year, Anno 1214. after f79, 28u Enftachius above five years, Anno 12.6. after Wt’liam de Kilkenny above one year. Anno 1297. after William de L uda two years. Anno 1 373. after hhn Barnet two years, Anno 1434. after Philip Morgan three years, Anno 1500. after Iohn Alcock^ one whole year, Anno 1533. aslongafter Nicholas Weft, Anno 1581. after Richard Coxe almoft twen¬ ty years together, (Vj Anno 1163. after the death of Robert c Godwin, p. de Chifney the fom th Bifhop of Lincoln , that See continued 29 g’ vacant almoft feventeen year?. Geofry ( Henry the fecond 5 ° ,,J9 ' hisbaiefon ) taking the profits thereof without any con- fecration, by the Kings Conceflion, Anno 1184- alter Wal¬ ter de Conflantiif two years. Anno 1200. after St. Hugh al¬ moft 4 fj d Godwin, p.] g»7.?'8;?i 9, 321>; 12,343, 3 47 > 348 - c Godwin, p■ 337 » ? 5 8 ' 344 , 3i5> 355,?S«* f Godwin, p- 354, 365,368, 350,583,385, 386, g Godwin, p. 19*, 3S> S >4 2 °. 421, 42?. !i Godwin, p. 439> 44°,454» 445 , 446 , 449 - i God«>;/i, 453 , 454 , 455 , 456 , 561. Ck A fuppiemental Appendix to John Hus bis DijpuUtm. moft three years. Anno 12 06. after William de Breyos three years, Amo 1 90. after lohn Ruffel two years, Anno 1513. after Will.Smtb ofieyear, [d]Anm 1085.the Bifho- prick of Coventry and Lichfield was kept vacant two years after the death of Peter, and as long. An. 1127. after Ro¬ bert teach, as long, An. 1180. after Gnaccus Puet’a, as long, An. 1208. after Geofiry de Mu [champ. An. 1238. alnioft 3. years after" Alexander de Savenshy, An. x 243. after Hugh Patejhull 2. years. An. 1386. as long after Richard Scroop, An. 1^90. as long after lohn HiJJ'e, [_e] An. 1099. after Of- mond his death, the fecond Bilhop of Salitbury, that See was 8. years kept vacant, An. 1225. after Richard Poore 4. years, An 1270. 4. years after Walter de la Vaile, An. 1588. 3. years after John Pierce, 1596. 2. years after lohn CordweU, £/] An. 1166. theBifhoprickof Bath zndWels upon the death of Robert continued void 8. years, 8. months, and 15. daies, An. 1242. after loceline, 2. years, An. 1262. after William Burton, An. 1503.3siong;afcer Oliver Ring, An. 1547. as long; after William Knight, An. 1381. 3. years; after Gilbert Barkgly, An. 1590. 2. years af¬ ter Thomas Godwin, [g] An. 1103. the Bilhoprick of Exe¬ ter after, Osbertus deceafe was kepc vacant 4. years, An. 1182. after Bartholmeus I fames, 2. years, An. n 19. after William Herbert, the !aft Bifhop of 7 hetford,lus death,that See C n o vv Norwich ) was kept vacaat 2.years, i2i4.after John de Grey it was kept vacant 7. years, 1222. after Pandul- fns 3. years, An. 1236. after Rodulphus almoft 3. years,and as long after l- Villi am de Raleigh, An. 1240. after Henry Spencer , An. 1406. almoft 2. years, [A] An. 1095. after the death of Woljlan Bifhop of Worcejier, that See was kept vacant 2. years. An. 1113. as long after Sampfon, An. 1123. almoft as long after Theulphus, and An. 1179. after Roger, An. 1184. after William deNorthale 5. years, An. 1198. after lohn deConftantiis two years, An. 1212. as long after Maugere, An 1373. as long after William de lyn, An. 1417. as long v after Thomas Pondrell, An. 1427.7. years after ‘Ihomas Poltcn, An. 1590. 3. years after Boniface Brent, [il An, 1056. the Bilhoprick of Hereford, after Loneards death (tipple mental appendix t* John Has bis Deputation. 47 death continued four years vacant, An 1127. after Ri¬ ch urd above 4. years, A11 1167. afte.v Robertde tvlelim, a- bove 6 . years, An. 1539. after John Skip above 13. years. An. 1585. after Herbert W'tjl full 17. years. An. 1526. theBifhoprick of Chichefler was void almoft4. years', after John Reempale his death , An. 1006 after Richard Fitz- James 2. years, An.*235.the Bifhoprick offVJRoabf^r after a 4 f Henry de Sandfords death was kept vacant 3 years. An. 4 ?*’ 4 V 1277, 2. years after Walter de Merton, An. 1316. after | OI ’ { * 1 homos de Waldham 3 years, An. 1401. as long after John Boltejham, An. 1538. after John F ijher two years, An. 1557. the new created Bifhoprick of Oxford, after the de- ceale of*Iobn King firft Bifhop there, was kept vacant ten years; An. 1568. after Henry Curwin thefecond Bifhop it was kept void twenty one years together. An. 1592. after John Vnderhill the third Bifhop,it continued void 11 .years, fo little want was there of a Bifhop in that poor See, An. 1359. the new created Bifhoprick of Gloucefter&fter James B'ooks the third Bifhop his death was kept vacant three years, An. 1578. as long after Edmond Chey ney. An. 1538. the new erefted Bifhoprick of BrifioU ; after Raul Rujh the firft Bifhop was kept vacant four years, An. 1578. three years after Richard Cheyney , which See continued void otherwife than by Commendam thirty one years toge¬ ther, An. 1593. it continued vacant ten years together. So little need was there of a Bifhop in this See, [t] An. 1397. b Godwin, /•; the Bifhoprick of St. Davids ; after John Gilberts death, was 5 >a, vacant four years, An. 1592. after Marmadukg Middleton almoft two years. An, 1133. the Bifhoprick of Lattdaffe 1 ’ 531 * . upon Vrbans deceafe was kept void fix years, An. 1183. after Nicholas ap Georgant five years. An. 1240. after Elias de Raynor above four years. An. 1287. after William de Brews nine years, An. 1213. the Bifhoprick of Bangor after Robert of Shrewsbury was kept vacant two years, An. 1374. as long after lohn Gilbert , An. 1 378. after lohn Swaffham twenty years, An. 1266. after Amanw the firft Bifhop of Bangor , that See was vacant two years. An- 1313. after Losoelin fix years, An. 14.06, after IobnTrevour five years, G An 48 A Supplemental Appendix to John Bus hts Difputation, tMjt.Wefl.An. An. 1439. after Robert five years, [gj An. 1017. after 1020. p. 40$. AldhttHw> oiDurbam^ that See continued void above three Gedw.p. p?4, j earSj An. 1096. as long after William Carlapho , An. <544i*47)°5 S ,, 4 o. after Gecffry Rufus above five years. An. 1207.after 66 7 ’,6;i’**5,’ Philip of Pojtiers above ten years, An. 1226. above two * ’ years, the King threatning the Covent that theyfhould have ro Bilhop in feven years, An. 1237. after Richard Poore two years, till Ethelmate his halfBtother ( whom he commended to the Monks eleftion ) fhould be of age, An 1505. after William Severus two years, An. 1587. after Richard Barnes almoft two years, An. 1577. the Bi- Ihoprick of Chefier was kept vacant two years. IfthenallonrBifhopricksin leveralages(to omit the long vacancies of later times) have been thus kept void, 2,3,4,5, ^,7,8,10,15,17,20, 8c 3o.years or more together at divers times (to omit all annual vacancies)without any prejudice to the Church or State, and with very great benefit to the Kings of England , who enjoyed the Temporalties in the mean time;then certainly Diocasfan Bilhops are no fuch neceffary Creatures ofdivineinftitution in the Church of Chrift as lome efteem them, but that they may befpared, and their Lands , Temporalties lold or leafed, as well as thus feiled by our Kings without Sacriledge or Injuftice, when as no Parilh Churches can fpare or want their Paro¬ chial Minifters who are of Gods inftitution, above fix months at raoft. [ h ] After which if the Patron prefent not in the interim an able and fufficient Clerk the Ordi¬ nary by the Canon 8c Common-law may collate,and feque- fter the profits in the mean time,only to defray the officia- 2*. spmm* ting of the Cure, which muft be at no time intermitted or fal im/rffT'"- ne §^ e ^ becaiile of Divine inftitntion, and fo abfolute- Summa Re felt a ly neceffary both for the Peoples inftru&ion and ialvation, Beneficittm, 1. which the(e long vacancies prove DiocaffanBilhops are not. * ugulpbi Hijf. 4 ly. 'J'hatasour Bilhops, Abbots, Priors, * didorigi- p> 896 , 9 Eadmerm Mfllptibnry, DeQeftU Pontificnm, c.i. Antiqv. Ecclef fy Godwin inAufeb* Spelman. Gloffaribin,Tit Fidelitas , HomagiaLigeum & Inveflitura ; and the firft partojmyUrief Regifter and Survey of Parliamentary writs,pi 95 , to 207, where itislargety proved* Chrort* Iehannu Rromptort) p. 1038 * 1039 * Cocks 1 . lnjiihp % 6^6 5 * . natty h Rattal Ad- •vowfin 1, 1, ConciL Is Late ranenfe , 2 Can . A ftpplememd Appendix to John Hus hu Dictation. 49 * Mar. Paris, p. 96,97. nally. for feme hundreds of years receive their attual Invefiitures into their Churches Temperaltiesfrom the King aione, per An- nulum & Baculim , by a Ring and Pafloraljhft delivered to them sn nature of a Livery and feifin , extorted from ° l j „ ' J S s by the violence and tyranny of Pope ZJrban and Pafcal the 2. and Treafon of ArchbiOiop Anfelme againlt the Right of the Crown, and Cuttom of the Realm-, fo they did likewife holdall theiv-Baronies and Temporalties from,fwear Realty , and do Liege Homage to our Kings for the fame astheir Supream Liege Lords,like other Barons,md were as far forth refponfible for them to the Kings lattices and Mini- j ri 5 as Lay-Barons and Tenants were 5 which they all ac¬ knowledged in their Recognition to King Henry the fe- cond, in the Council of Clarindon as our * Hiftories af- lure us; and were lyable to forfeit them for their i ieaionSj Rebellions, Difloyalties and Contempts againft the King and his Crown , as well as Lay-men, our Kings, being alike Soveraign Lords and Kings to them, as well as other Subjects and Tenants; and that lure Domini, as their supreme Landlords and Patrons, from,by and under whom alone they held their Temporalties. 5 *y- That the Kings of England as Supream Heads and Governours under Chrift of the Church of England, have' in all ages enjoyed and exercifed a Soveraign Power and Junfdiftion over alMrchbifhops, Bilhops, Deans, Chap. •] ters, Abbots, Priors, and other Ecclefiaflical Perfons in all Cities whatfoever; as well as over their Temporal Sub- jects , to vifit , reform , order, corrett, refrain, amend , punijb all their Errors, Herefies, Offences, Contempts, Enormi- ties, Treafons, Rebellions againft their Perfons , Crowns, Dignities , and Royal Authority punijhable by any Spiritual, Ecclefiaflical or Temporal Authority or Jurifdiftion, audio fmijh their Perfons by imprifonments , banijhments , death, fei- fure, fequettration , confiscation of their Temporalties , Bifhop- fncky, real and perfonal Goods and Eftates, asisena&ed * SeeRtflelt by the feveral * Statutes againft Provifors , and the exprefs t br ! d l mcM ' ^“V f , ? "• 8 - c - LV i4H - 8 uV> v si c. 10. 28 H. 6 . c. 7,10. 31 H« 8.c. 14, 32 H. 8, c. 22 5 245 26. &Rome, G-2 33 H. 5 ° A fapplemntal tfper.d.x to John Hus his Dif putaium . 2 3 H.«.c. 2?. 34 > & 35 H.8.C. 17, 19.57 rf. 8. c.i /. x Ed. 6. c.2. 1 Eliz. c. 1. 5 Eliz. c. 1. 8 Eliz.c. 1.13 EUz.c. 12* and other ASs ; The feveral Writs T>e Excommunicato ca¬ piendo, T>e Excommunicato deliberando,De Cautione admitt iReiilterof tends, * guare impedit, Qu_are incumbravit, guare non ad- writs,pars2.fi mifit, - 4 %uod Epifcopus admitt at , Ne adtnittas, Ne exeat so, to no.Fitz. Regnum, Vi lacca removenda-, and efpecially by the leveral mi Brev and ^' r j ts c f Prohibition , and ad Jura Regia , and Capias pro r 'dl C!M t contemptu, wherewith our Records and Law-books are . * full fraught;! fhall only recite fonie memorable Prefidents of our Kings and Parliaments proceedings againftour ^rehbps. & Bifhops in feifing their temporalt:es 3 confifca- ting their Eftates, baniflbing them the Realm, fufpending from, and depriving them of their Bilhoprieks, yea in im- prifoning , executing their Perfons for their rebellions Treafons, Confpiracies, Contempts agaiaft them, and their Royal Prerogatives in former ages, worthy their and our moftferious confideration, and remembrance, a Will. Mat- To begin with our ^rchbifhops, about the year of mesburienfis (lc Qhrift, j6%. [«] Offa King of Mercians being highly offen- Ceftis pcm 'f’ ded with Jambertus ( or Lambert as fome ftile him ) ^rch- wlftw 4n.y6< bilhop ot Canterbury for his oppofitions againft him, feiled 766, 767,797! and took away all his Temporalties within his Kingdom,. Evidentia Ec■ detaining fome of them to himlelf, and giving the reft of tlefia cantuar. them to his Sostldiers and Courtiers; and moreover by tol.nn,mi, t he p Q p es confent,ere£fed a new ^rchbithoprick at Litch- nanni Condi field, took iway fix Bilhopricks formerly fubjett to the Trn.i.p- 318, See of Canterbury, and detained the Lands above thirty to 334. Antiq. years, till at laft reftored by the judgement of two or Ealef. Brit, p. three Parliamentary Great Councils*after many Petitions 26ji7.18.cW- Complaints, upon full hearing and examination. Tjmbert' M Stigand Anbbijhop of Canterbury, for refufing to Crown Chron. Will. Thorn t col . 1774* b I&dmerus Hi ft. Hovor l. x, 2. Malmesbur , deGeSit Regum, l* Geftu Pontif. I, 1, p. 204, 20T, Chron* Johan Bromptorr, col 961, 96Q. GervajiuiDoroO' Alius Poutif Cant* col. 16 £ 2, x 6 5 $. R^fulfus dt Diceto Akbreviationes Chron . col. 4 1 M 9 °* Henr. de Knighton de Event , AngH*. l. i. c. 2. Vo'ychrmicon.hn, Mat Parity f. H, U* Mat. Weftm. An. fono, io$8 , io&.9“ Hoviden, Annal. part prior, p. 4$^ Antiif Ecclej . Brit. & Godwin \nStigani tures from him , or did Homage to him; for p . j, 4 miinjhed, vol. z.pzi, which he was banifhed for three years out of to 36.459,471. speed p 4 6 2 , the Realm, all his Temporalties and Goods ta 01 ?• v** Afls and Moan- moveable and immoveable feifed into the ments >t- J 7 0 * Kings hands, with the Temporalties & Goods of thofe Bilhops who renounced their Invefti- ftures by the Kings donation by Anfe.'mes per- fwafion. King Stephen feiled all the Gocds , .. , . . . and Temporalties of [ d ] 'lhefbald Archbi- Ra dolfadfDime'Abbrev. {hop of Canterbury , and bamlhed him the chron. col 509. G ervofins no- Realm, for departing out of England to robernenfis. cot. 1330*13*2, Rome upon the Popes liimmops, contrary to 'J?'} '^ 6 -Amiqu. Eeckf te exprefib royal Prohibition-,and for interdi- fj Ring the King and whole healm. After lrgw p 8s e<5. %j; Hijh which being refiored to his Archbilhoprick T y,p. 496, 497. by 5 * Supplemental Apptwslix to John Hus his Deputation. 'Mu Wefim. An. tt?Sp 48.49.f9. Mu. Farit. p 94 Speeds fi'fiorji, /. 503 , 1 0 5 if. by the other Bifhops mediation, his Goods and Temporalties were again confifcated and feifed into the Kings hands. Anno 1152. for refufing to Crown Enlace King Stephens Son, & he forcedto five the Realm,which he caufed to £>e infefted with fire, fwcrd, and bloudy wars. L*] Ehcrnaf Bechet Archbifhop of Canter bury, an infamous perjured Tray tor to, and Rebel a- 10 1 »7. Hw. Annul, purs piper, gainft King H enry the fecond hisfad vancer and p. j, to 53 m chron. oer- indulgent Soveraign) gr and Oppugner of TS 9 D KaMphZ'de " h ‘ s Prerogatives, and of the Cuftoms of Ynugir.es Hid. col. 947. S4.3, <*e Realm,contrary to theOath and Recogm- 54?,447. Herberm ei p hi, Card , refu- re«derWmfelf, c» trying ttafclfW f c r f° t v and rebellioufly againft the Kin;, hoch his Sermons and Excommunication; bothiii nu received, no honor nor ad- sajfc.*««, * ° NLi ™z ml) and that be would give an account of hu «“ 5 Where.pc, a P-lraarentwas Cum- mon itv;l,t:K. n “h c r& 4 .fter agamfthim by ptr donei. f«l £*•«* all hb' Archiepifcopal eatas from Pope "Urban the CardinalflnpofSt.^- * °^.;Shmit Kins Edward the thud his pnvi- tw w . s ujohly offended with him font. t l 3 .' N ' e ?\*AStam Sudbury Archbifhop of mWitfinghmfl'rf- i*i TpocUgma NevJUix,p.i,o, AMliqu. Eccleffnt.p. Vr^n i8i. ard^J^intninuji* ‘J> "''“sTr’e fsm.TSur ,Archbifhop of r f oJigm,p- ui9.Ant,qu.Lc Cantertoy Tower-HM, his Head fixed Ckf Br».p.a83, t .ap5.^ was beheadedK^.asaTttf »n,p. 102, 20? Gro/toni Cbm. p 336 was beheaded on on a Poll and fet on I.e»da» En%f,asa 1 y j pneniY to King find People, (jQK 9 7 rch%oprllbyprovi^ f^*"™**^ the Law and his Prerogative other Misdemeanours , commanded^ attb*b and Temporalties to be fetfed , and • , ArdibHhop himfelf to hide his Head for^^ of imprifonmentj till he made his peace A fitpplementd appendix to John Hus his Deputation. 5 j him. i p~\ Thomas Arundtt Archbifhop of Can- P Hot. Pori. An.xi R. s.n.i $. terbury was impeached and condemned of 10 l i- ^brid^errentof High Treafon againft the King in the Parlia- R-uo'd'intke Tower j. $6%. meHC ohi W 2. by judgement of Parlia- w%nthmm'p%\\\ lo ? . ment > for which he was ordered to be bamfh- Folycbton. i.ult. c . 8.ffolmjhed, ed the R.eaim, his Temporalties (eifed, his P 488, to ?i 4 . Antuj. Ecclef. Lands and Goods forfeited. [<7] Thomas Br ^ M°?« to 311. Godwin,p Crannur Archbifhop of Canterbury. wascom- l * 1 ’ ^ c ' PAils and Monn- mitted Prifoner and impeached, convifted of ZZlVnu^iAntiVl. High 1 realon againft Queen Mary , for aiding q HoltnfbeJ p. 1091,1095. the Ufurper Queen June againft her, and his ^ronpionsjurifdtli'm of Courts, Goods and Temporalties feifed. [r~\ Edmondh ol%x Jr Por. 1 v °l- ?• Anttqu. Grindon Aichbifhop of Canterbury h\\\ng'mto < ^^ mntn Queen Elizabeths difpleafui e, was fufpended l"continuation of mMp. from his Archiepilcopacy by her order till i ?3 2, to 1319. Manns his death. /jrchbifhop Abbot: for killing ehmicl. p. *54^65 his Keeper by Chance-medly in (hooting at a CSee &**dtrfom m$vy of Buck, was fufpended from his Archicpifcopal ,be fft> andStt Jurifdiaion by King Charles the firftfor fun- t See myCanurbuda Doom, ary years, and his ArchiepifcopalJurifdifti- the Parliaments Journals , on,power delegated to others, And [f ] Will. **d A Colleflm of Ordinances. Laud the laft Archbifhop of that See, in the nWil , M jlm A . r ,tiL, n „ , r Parliament of id Caroli , was impeached of ,. g pf60,10 166 utm/aK lundry High J reafoils and high Mildemea- An ^ji.Floremim wigornienjit. Hours againft the King and Kingdom, by the An. 677,69 i.Tbomat Stubs, Commons of England, and Scots Commiffio- aSm * Vm, fEhoracenfinm, for which hew. nd Hearing, impriioned, atttainted, condemned Anhiepifcopu Ebor. coI.j8.ru and beheaded on Tower-hill , his Goods and chardut HaguflalAenftsHifis. Temporalties fequeftred,feifed,fold by Judg • 8 - 001.29a P-adolfw de Diceto, ment and Ordinances of both Houfes of Par- Mbrev. chmkorum, col.^o. liament. Chron . jolmnit B rompton,cpL To thefe numerous Prefidents of the Arch- V^^Hdi^d^Hiftoyo/ 9 bilhops of Canterbury , I fhall annex fbme pa- Britain. l.<.c.$4,$$^6 ui^. ralel ones of the //rchbifhops of Tork. 2 ■ Oodw.CatalcgueofBifhips, lv «3 Wilfred Aichbifhop of Tork ^for his P-$ 6o > 5i *'• Am. spd- Trealon in favouring and aiding the rebelli- o us and perfwading Queen Ermenburga 200,10 10^. H to A fitpp-kwentd AppasAx to John Hus bis Dictation. tcT defer t her Husband the King, was by King Egj reds profecution twice condemned and de- prived of his Archbifhopi ick in two feveral Councils 5 his Temporaries and Goods fei- fed, his Perfon impiifoned, his Archbifho¬ pi ick div ided into two or three more Bifho- pricks, and himfelf exiled, fome write for ten, others for eight years together, till at laft with much importunity & many Letters from the Pope &: ethers, he was 1eftored to his See. \n\ Woljian Archbp. of lor^ for his hamous Treafon in deferting his natural Chriftian King E^r, againft his Oath, Allegiance, Pie¬ ty, Fun&ion, Chriftianity, and adhering to n Malraesb de GeftisPon- tif.l 9 p.269. Mar. Weftm. Grafton, Roger Hoveden, and Elorentius Wigornien- fis, An. 95 i,o 52 , 95 ? mas Stubs, col 1*99, Holin Jfhcd Hift. of England, 1 . 6 .c. 29. p. 1 $8. Godwins cata¬ logs p. $67. the invadins heathen Danes , who wafted the Country , and endeavoured to rout out the © Eadmerus Hiff No*r>r. 1 . 5 , & 6 . Malmesbury de G"* ftis Ponrif. 1 . 5. p. 274. *7 5 . Polych onicon, l 6.c. i c * Si¬ meon Dunelmenfis H-ft. cbl. 141 Chronicon Jchan- nis Brompron col. 1008. Gervafius Dorob.A&us Pon- rif. Cantuar. col. 1661. Thomas Stubs, Aftus Pon- lif. Bboracenfum, col. 17* $• Antiqu Eeclef B ir.p. 1 ia, 11$. Godw. Cat p H©] in filed, p. 41, 41, 49. p Gnl. Neubrigenhs Hid. J.4-C.X 7. Mat Paris,p 146, 1475 2 1 2, 212, Mat. Weftm. Anno 1 207. Chronicon Jo- hannis Bromptorr cohi t 66, 1169,117 f. Thomas Stubs, Atfus Pontif. fcbor. Col. 1724- Hoveden in Ricardo 1. & Johan. Holinfheii p. 149,147.169,170. Godw p 588. Chriftian Religion and for murdering divers Citizens of Hertford , was deprived of his Bifhoprfck, and imprifoned by the King for a year; and at laft murdered himfelf. (W] Ttirfiw Archbiflhop oiTork^fov recei¬ ving his confeci ation from the Pope at the Council of Rhemes , againft King Henry the fii ft his expreffe command, and his own Oath and Faith to the King,was banifh’d the Realm, his Temporaries feifed by the King for five years fpace,and he hardly permitted to return into England , after many mediations and me¬ naces of the Pope in his behalf, [p] Geofry Tlantaginet Archbifhop ofXcr^for breaking his Oath with King Richard the fii ft, was kept from his Tempoi aides, and imprifoned by William Longchamp. After this. Anno 1194* upon feveral complaints againft him in Parlia¬ ment, for hindering the Kings Officers to ga¬ ther a Tax in his DiocefTe , and fundry con¬ tempts againft King Iobn } his Lands and Goods were feifed, ?nd returned into the Kings Ex¬ chequer £1 A fupplemental Appendix to John Hire his Difputdtion. 5 7 chequer by the Sheriff of Tofk-fhir.e by the Kings command; for which he excommuni- tang the Sheriff, was fiifpended hkBilhoprick, and forced to pay a Fine of 1000 1 . for his re¬ ft i tut ion. After which, for excommunica¬ ting thofe whocolle&eda Tax for the King, he was banifhed the Realm , and his Tempo- ralties feifed for above five years time; the See being kept void above ten years fpace in the Kings hand, when he wasfiiftmade Archbi- fhop. [pfli'homos Cor brig Archbifhop of fork,, Thomas Scubs, Actus for obeying and preferring the Popes com- Pontlf : Ebor * col. 17 a#. mands before ehe Kings, in admitting the Godwl " s Catalogue, p. Popes Clerk to the Chapel of St. Sepulchres in 597, 59 "fork , and rejecting the Kings, about the year 1300. had for this his contempt three Baronies, antiently belonging and annexed to his Archbijho- prick^y taken away and kept from him by King Ed¬ ward thefirtf , during the Archbijhops life,with- out reftitution. [r] Alexander Nevil Arch- r Wa, fi ,1 8 bam Hift. Angl. p • bi( fc° P ®f P* "**°fHiShTreafon VUlUtAl a&SwV in the Parliament of X!. King Richard the fe- 749- Truflel, Godwins Cat. cond, hisTemporalties and Eftate feifed, and P- 6 oi.i5o2.ii R. 2.01. <5, his Perfon adjudged to perpetual imprifon- 7 ’ ment in R ochejier Caftle; who flying the Realm, f Walfingham niff. AngL p. Pope V>ban made him Archbifhop of St.^K- 4I(5 ’ Ypodigma Neuft, drews in Scotland ; but the Scots refilling to f-' 68 3170. Polychronicon, own his Papal Authority, hewasftrippedof D*rr h* 1 ,, c 2 u : Caxt0n bothArchbifhopricks,and forced tolivea poor l HallVchron Panlh-Prieft in Lovain till his death. [/] Ri- ts.Holinfhcd, p-52i,52?,' chard Scroop Archbifhop o fTorl^ was condem- 5?a Spced Sift-I^.c.i+.p, ned and beheaded (or High Treafon againft 77 5 -Sfo.ujMarrin,Grafton. King Henry the fourth , and all his Temporal- 4 - G ° d ^ ties, Momes, Goods feifed and confifcated to h Halls Chronicle, Anno the King An, 1405* George Nevil Archbp. & 11 e 4. £201,202,227, of Tork^ ( Brother to Henry Nevil the Great ~ 24 p.<$8$£9o] Earl of Warwick^) a perfideous Traytor both to $76. Halls mM ffolfw Archbilhop of Xor^( a moft infolent. Chronicle, a 1 H 1 8 5 * p rouc i ambitious, covetous Prelate) for his manifold mifdemeanours, Opprellions, and tnume'ntf,p. *99,(0 909./M"- high crimes againft theKing,kingdom,people, flted, p.Sju 10110.Hill, and Kings royal Prerogative,was firft attainted Grafton, Stow, Martin, Biakfr, | n a "Prjetnunire An. 21 H. 8. whereupon the KL andothers in zi,&22 H 8. f e jf ec i all his Goods, and took away the Great Zfn Cooks Seal from him. After which the Lords and 4. Inftituus,cb 8 p.89,1058. Parliament exhibited fundry Articles of High Treafon and other Mifdemenours againft hinr. Upon which by the Kings command he was ar- refted at Cawood of High Treafon by the Earl of Northumberland in November 15 56.his Plate, - Goods and Temporalties feifed, himfelfca- ried Prifoner towards London , with intent to bring him to the lower, to be further pro¬ ceeded againft; to avoid which infamy, hepoy- foned himfelf with a ftrong Purgation, where* , . - . q k of he died at Leycefier Abby, after which the Kin § rei fed all his Lands and Manors, though a» 4 . Polychron t, 7. c. 11 Pa- a Cardinal and Archbilhop. To thele Prefidents of the Archbifhops of Canterbury and Tork, ^ 1 lhall annex the like of fome other inferiour Bifhops. (b) William de Panda Maria Bilhop of London, for interdifting the whole Realm, and excommunicating King John, Han, part «. An. 1 xof.p »8. Holinflnd,p- 171, 17a \Mar- tint Chronicle, p. 40.47,48. Godwin, p. 194. Hen 7 de KnygbtW, De Event . Ang.I.i.c. * 4 - A[upplemtnul Appendix^ to John Hus his Dilution. 5 9 John , together with Edward Bifliop of £/v^ and Maugerus Bifliop ofWercejler, who cen- enrred with him in this interdift and excom¬ munication to gratifie the Pope, had all their Goods and Temporaries feifed upon by the King, Anno 1201. their Caftiesdemolished, and themfelves banifhed the Realm for five years fpace. ( c) Fv.lco BaJJet Bifliop of London, a great Stickler for the Pope again# King Henry the third , whom he oft affronted; eonfeffed the King and Pope might take away his Bifhoprick, his Miter, and Crofier, but riot his Helmet and Sword, wherein he moil glo¬ ried and confided, (d) Henry Sandwich Bifhop of London , againft his corporal Oath of Feal¬ ty and Homage to King Hwrj the third, was a pi fine Stickler in the Barons wars againft this King* and Promoter of the Articles of Oxford in the forty fecond year of his Reign, which took away his juft Regal Power and Government of the Realm, and delegated it to twelve Commiflioners; which Articles all the Bifhops confented unto and fealed with their Seals, and this Bifliop amongft the refl; for which in a Council held at Wejiminlier he was fiifpended both from his Epifcopai Office and Bifhoprick,which were fequeftred into the Kings hands. ( e) Edmond Bonner Bilhopof London, a grand Peifecuter and Burner of Gods true Saints, yea a bitter Enemy to King Edw. the dth. and.Queen Elizabeth , was twice de¬ prived of his Bifhoprick for his Contempts and Mifdemeanours, once in King Edward the 6th. his Reign, and again inthefirft year of Queen Elizabeth , for refilling the Oath ofSu- piemacy and Allegiance, and huirthei ing fo many Proteftants under Queen Mary ; and by Authority of the Queen and Parliament com¬ mitted c Mat Paru,p. 18^,887,944, 957 - Godwin, 194,12 5. (1 Mil. Wcfim. An. 1259, i ,6 fii* 9 tf p. 182,330,10344. Mu. Park,p. g6 , t910 ' G , 0li . Speed, p, < 5 +i. e Fox Afls and Mmnmeirtt, 1 64i.vot.i p ns,378.57 f' 280,350,554.1573 ,to69?.vok 3 .P- 105,1015,107,251 , M 184,759,879,878,974 Mar. tinsHift P 4 $ 3 -ff,linJhed, p, 12 5 9 r n 6 0. Godwin, y. 144, 60 ^ JupfUmrttl Appe ndix to ]ohn Hi»i« Difrutauon. -mitted~Prifoner to the Marihalfee among Rogues, wteredie died amongft Rogues and Murderers, and was buiied at midnight in obfcui ity. V a ) W’ ma Biihop oi VVinchtfler, fo highly offended Kenewalchus King oi the Weft taxons who advanced him, that in the syear 666 . he drave him out oi his Country, and deprived him of his Biihoprick. About bMit. We^^n i to-, 1107 . t[ie y ear 0 f Cht ift 1107. (b) King Henry the p.i ij>.Gccte\j>.<69,i7o. was p 0 f ar incenfedagainft VVWiam Gif- n 'fore/, whom he had formerly inverted in the Biihoprick of Whichever by the delivery of a *M\l. Wefttr> An.<565.p .234 G dw. p* * 3 ** 160 H olmJb:d>p. *o. Rina a nd Croher, for renouncing this his f 1 ' ■ Monuments, p • i« Inveftiture, and lcfufing his Confecration out of fear to difpleafe Aichbiihop Anfelm, that he feifedhis Temporalties, and banifhed him c Wilt. Mdmsb. N*v 1 1,6 the Realm. < legiance toQj*M^«^jdii*iflhoiced bee ot the 482 Mat. Paris’p. 7 ”1076. Q rown a nd let up K. Srephen'mher fteadjwho litl i c . not long after falling out with this Biftiop,fei- tu.id Jet led all hisCaftlesi whereupon he revolted to p, 91J, 12 >223 Maude ) and procured a Pall from the Pope, 494,495, 494- Pox Alls and to f, e ma de Archbilhop of VVinchefter, and to have feven Bilhopricks annexed to his Pro¬ vince. C d) William Raley Biihop of VVin- chrfler for excommunicating the Maior, Citi¬ zens , and Monks of Vyinckejier for obeying King Henry the third his Edift, not to give hint or his any vi&vals or lodgings and inter¬ dicting the Cathedral there, was forced to tty the Realm, and relinquilhhis Biihoprick, till t Mat.Paris *.-7 4,775 780 , by Archbilhop Bonifaces, and the Popes me- 788,189,794,824, 830, to diations (which ccft him a gratuity of 6000 .) 834, 847,89o,$oo,oc4>9o?, he made his peace with the King. (?) Pjmei‘ 946,999. Additamentap.it $. mar Biihop of VVinchefter, cauled the Barons 119. Mil. Weflm.Holmflied, a fl- emb i. e j j n a Parliamentary Council at Ox- eZi ,■ * ford to take up Arms againft bimforto"- d Mat.Wtftm. An. 1243 , 1244 P- | 7 4? P Arif p.T 83 , r > 29 , 6 i 6 , 619. HolinJI/ed , 2 $ ! > l 3 l ‘ Godw.p. i2n 22 %' Ci ^ To John HaTkiTDifpmatiott. 6 1 ' tollerablelnfolencies. Tyrannies, Exorbitaa- cie?, Opprelhom, and to drive him out of the Realmjwho feifing on all his Goods and Trea- fure they could meet with , writ Letters and lent Agents to Rome to flop his return into England, which neither the King, Lords, nor Commons would permit upon any Letters or * fol licit ations from the Pope on his behalf to Kmg Hm-j the third, and the Lords.(<*>&„ a Mat uernfey Bilhop of Wmchejier was excommu- Ar,t 9si.97oyf2. nicated by the Popes l egat, his Temporaltie's ^ 1 T}-Ho'injb di~i. feued,and he forced to fly to Rome for an abfo- lutiori, for taking part with the Barons agaiuft King Henry the third, fiibfcribing and latify- ing with an Oath the Antimonarchical Provi- fions of Oxford in derogation of the Kings Royal Power and Government, againft his ' XT? *° t! \ e Kil) 5 ’ f *) Henry b Ant,a Ecckf. B tit. p. 286 : VVoodlockJBifaopof Wmhe[ler , interceeding *%/• Gtdmp. *3tS : to King Edward the firft, tor Robert WmcbeU • fie Arch bilhop of Canu rbury banilhed for Trea- fon, and calling him his good Lord> had his Tempo) allies feifed, Goods confifcated, and 1 , was P^ r °“, C of the Kings protection, (c ) Vvil - c Anvqtt. Ecckf p it*. >8 7 . ham Wickham Bifliop of VVinchetter for wa- mlln fl>edp Ss6. 517.Goto p, fling and embeffeliing the Kings Treafure to 184 l8s * a great value, wherein he was condemned, had all uis Goods feiledj his Temporalties be¬ llowed on the young Prince of Wales, and was like wife banilhed above twenty miles from the Court. Cd) Stephen Gardiner Bi- dFox Alh and Mtmmms Ed. inop of Winchefter , for a leditious Sermon f6 4 t ’ v °h 2 p-'ni r074b.ua/. preached before King Edward the fixth, and 3 16,40 1 Holinfrti difobeying the Kines Iniunftions mm P- It f 4 ion 6 t.B*i*mScrip» raitted P.ttb™ J, iSSTS-SiSl — •* >1 to the Tower of London , for two years fpace and an half, after which he was deprived of his Bilhoprick,feifed into the Kings handstand lent to 154 puppkmentd Appendix to John Hus his Deputation, made again ft Ranulfb Flantbard Bifhop of Dur¬ ham by the Vote of a whole Parliamentary Council clapt him up Pxifoner in the Tower of London , for a mod notable Oppreffor, Ex¬ tortioner, Rebel, Tray tor , prepared to aft any wickednefle , who was likewife crea¬ ted by William Rufus both Chancellor and Trealurer of England. This Bifhop afterwards efcaping into Normandy, perfwaded Duke Ro¬ bert to invade the Realm, to the great diftur- bance thereof, and effuftonofmuch Chriftian blond. After which having purchafed his peace with large Gifts, yet theK. exafted from him great fums, 8 c feifed on all his Goods 8 c Bifho- h fjolinfbedHifioryof Scotland, prick* (E) Edg out any ele&ion of the Monk or Chapter, to be made and confecrated Bi(hop in his place; whereupon the Monk retired into the Mona- ftei y • ( f 1 ) C l - tbert TonJiall Bi (hop of Dur- m Fox'Alts mi Monuments, bam tor hisdifobedience to King Edward the itio.p 1180. Amiqu. fit* 6 th. was committed Prifoner to the Tower of def Bw. Godvr.p. 67 o. London, Decemb. 20. 1551. where he continu¬ ed all his Reign, the King being fo highly of¬ fended w ith him, that in (n ) 7 E. 6. by a fpe- n Ra M Abridgement ofSta- cial Aft of Parliament, theBifhoprickof Vur~ tu [ es >Thle Durham. C ambdens ham was diffolved, andallthe Lands and He- Br “' P 0 7 i 6 -‘ 7 f t : f/olin ( h d> Help's tl,e ff 0f Si r *? the Ki "S’ his Heus and Succeffors; though afterwards the 454. * Bilhop and Bifhoprick were reftored by Queen Mary but in 1 Elizabeth this Bifhop was de¬ prived of his Bilhoprick by Aft of Parliament for refuting the Oath ofSupremacy, and op- P°j In § 5j> e Ql-eens proceedings, and commit¬ ted Prifoner to Lambeth. Our learned Mar- (p, so**** p, " m - BiJbopricl{_ of London for Durham , wot only covetoufnefs and ambition, (addes he) ^ ft poflftble naturallp, tfiat tfiete l&onlDbe anpgoooaBtffiop, fo long ast&e 315tQ>opjtetss r,f ”fl t - 1 ano Hibertp to uoiotrat a man ita tm* 12 ptmUbets 2 66 A fupphmntd Appendix to John Has his Difputation. p Chronicon Gerv. col 134 <- 1346. Chron. JohannU Erdmp- ten , col- 102} ,102 6, >017, Henry dt Knyghton, De Event. Angll. 2.c- 10. W.Milm. ffifi. Nov. 1 . t.p. i8>,to 190. Gut. Neubrigenfts, Hi ft I- i- C.6.M41. Park. Mjt.WcJim. ll'ivedt'n, Hygdcn, Fabian, Hfilinjhed, Grafton, Speed, Da- tfiel. Fox in the lift of King Stephen, Godwin,col. p j [9, 8« 322. 'I Grdw. Catalogue of&Jbrps, p, 281 ■ Walftngbam, Trujfel, Holinjbed An. 138 8, t Fabians Chronicle, part 7 . An. »e themtothe Riftiops, which the King would by no tneansgive hiscowicnt to do; the Archbp. of Rhoan juftrfvmg the lawtiilneis of the e Caftles feifure in the’Gouncil, a^ well as the Kings Lawyers. (<7) Rtchord Milford Bifhop of -Salitbi-xy , was by order of the Ba¬ rons in -Parliament in Xj 21. 2. removed ft otn the Court, and imprisoned in the Caftieof 'Briltol) as a pernicious Whifperei,Flatterer, evil Counfeiler, Traytor to the King and Kingdom- VVil’uam Ayfcoth Bifhop of Satis- bury Gphfeffor to King Henry 6.by his opprelFt* ons, tll deaiing, and cementing to the yield¬ ing up-ot Anjou and Myen to the hands of the FrenchKing,Co far incenled the Nobles and vul¬ gar Rabble his Tenants too againft him, that inthe infuixe&ion of L?c^O. 18. A (upplemenuL Append'* to ]ohn Hus hu Difputatio/t # x C hr on} con J hannii ftromp ton, col. 10.7. G*;’. A ’enb i- (enfit, l. 1 c 6. Huntingdon H ft. I 8 .p. 489, Hive- den Anntl pars pri C r,p. 484, IMP 5- Mat yarts p 74,74, 16- Mat. Weftm 49*1 494 - Hohnjped, p. ?0 Godwin,p. 24 3 y A/ 4 (. Parjr l9J> J 95» '9 6- Hoveden Annul, firs poftetm, p. 776, 717. Hshnflied p. 175. Rjbudenira many Souldiers every Bifhop & Abbot winch he'd of him by Barony, fliould find for the King in times ofwar, from which they were foi merly exempted, (x ) Alexander Bifhop of l.incoltt, Nephew to Roger the great Bifhop of Salisbury , built three new Caftles at Banbu¬ ry , Newark and Sleford, rfhich King Stephen feifed upon and took from him, uponfome An. 11 pretended or aftual Mifdemeanours,together to 114$. box AtlsandMonu with all the Ammunition and Treafure this p. 1 speed,p.488, Bj{h 0 p had laid up in them, and imprifoned the Bifhop himfelf, for holding the Cafile of Vevifes againft him, and refilling to fiirrender it till conftrained. (y ) St. Hugh Bifhop of Lincoln did much oppole the payment of any Subfidies or Taxes to King Henry the fecond, . . . Richard the firfi, and King John-, he refilled * r 1 ' V ' eS ^url tna i f “ r ' King Richard the firft to his face when he de- manded Taxes from his Subjefts, by means whereof; and of another Bifhop joyning with him, he could gain no moneys from them. Whereupon the King in a great rage banilhed both thefe Bifhops, confifcated all their Goods, and feifed the Goods of the other Bifhops, who thereupon fubmitfed to the King, (z) Hugh Wallis oede Wills Bifhop of Lincoln , about the year 1209. owning that p 149. Fox Alls and Mm- Arch*tray tor Stephen Langhton for Archbifhop menu, wl t.p ???• Willets 0 { Canterbury , and receiving his confecration from him, contrary to King' Johns expreffe command, had all his Temporalties feifed, and himfelf kept faffing for four years fpace before they were reftored. After which he joyning with Lewis the French King, and the Barons fiding with him againft King John, he was for thefe new Treafons, not only profe- cuted by the King, bat alfo excommunicated by the Pope ? and not abfolyed till he paid the zMit. Paris, HiftAngllp. 220,288- Antiqn Ecclef Brit Synopfiji Ftp'CQMr* 18 o. 5 q* 3 *f- n A fuppltmenul Appendix to John Hus hts Difputatton. 69 the Pope one thoufand Mark, and his Legat one hundred Marks; fiiridry other of our Bi- (hops being then fined for the like Crimes, and that fo deeply , that they were compelled to fell all they had to fatt^fie the King, (a) Hugh a Wa!ft%hm //ip. Angl. A, m Burwajh Bifhop of Lincoln , though advanced 1*26, >317 p. 101 104, by the fpecial favour of King Edward the (e- l0 *- Godwin, p. ^ 03 spued cond to that See, fell fo far into his Royal 6io, 63 i. difpleafure within two years after his confe- cration , for fome contempts and offences a- gainft him, that the King (eiled his Tempo- ralties into his hands for two years fpace, An- )to 1324. he being reftored to the Kings*fa- vour and his Temporalties again, thegrudge the/eof ftuck fo far in his ftomach, that none was fo forward to aflift the Queen with mony, armes, forces, nor fo eager againft the King to depofe him, as this Bifhop of Lincoln , and the Bifhops of E ly , Dublin , and Canterbury , by whofe alTiftance and advice the King was not only depofed, but murdered, (b) Jhmaf h Martins ffHhry, p. 453. Watfon Bifhop of Lincoln in the firftyearof Godwin, p 2+.. Antiqu. Ee* Queen hlizabeth 3 was by the Qjeen and Parli- c!e f- Br ». p • 416,427. ament deprived of his Bifhopi ick , and com¬ mitted to Pi ifon for refilling to take the Oath of Allegiance and Supremacy, and threatning to excommunicate the Queen.for altering Religion. King Stephen about rheyear 1140. banifhed (c) Nigellus Bifhop of Ely for his Treafon and. c Radulfw de Dicetn, A bbrev. Contempts againft him, feifed his Cafties and Chronicorum , col. 508. Afjt. Temporalties during his life , and kept them Par*, M4- Mat.Weflm. An.. in his hands at leaft rive years lpaceafter his * 33 s>- P- 36.Godwin,p 201. death, (d) Qcoffry Bydel his next Succeffor f \ K ^* Event. (commoiily'alled the proud Bijh+of Ely ) had d 'uauParit, \ ’147. Godwin all his Moneys, to wit, 3060 marks of Silver, p. 2 0t , Radulfusde Dicettr,, and 205 pounds of Gold feifed upon, and Martins Hift.eol. 677, confiscated by King RICHARD the firft. (e) William* 70 cx/ J apple mental Appendix to John Hus his Difputatren . c Cbonian Jih-innis Browp- f JM , Col . 1224 , 1217 - Hoveden Annul. pars poSe-ior^ р. 6H 0.687, 700,10 7 ° 8,7 18, 7 » 9 , 720,755. Mat- /'ark, />• 15.1, 155^1 C'T'c, Neubrigenfis, H:ft. 1 . 4. r. 14, 15, 16,1.7, 18. Holin- Jlh'd, p 129, to 1 ? ?. /‘"ox Ails and limuments p. 114, 22?, 2.4. Speed,p 53i,(£rc. Godwin p 147. Henry de ICoygbm de Event. Aogl. I 2. с. 1j. Gj b'onicen Gervafii. (e) iVitiinm Lottgchamp Bifhop of hlj, botli Proteftor, Chancellour, and ChiefJulliceof the Realm, and Popes Legat, during King Richard i. his abfence in the holy wars* as he feifed and fpoyled the Temporalties and Goods of Gtcjfry plantaginet Archblfhop cf Tork^, Gripped him and his Followers of all they had, dragged him by his Officers out of St. Mart)ns Church hi Dover by force from the very Altar it (elf, without the leaft refpeft to the greatncfsofhis Perfon , or holynefsof the Place, and thnrft him Pi ifoner into Do- f M Jt. Wefim Mjt-Pary, An- 1 203. p 217, »18. H olin Jhed, p. 171, 172, <£rc. God¬ win, p. 291. Henry de Knygh- ton de Event, Angl. l.i.c. 13. g Mtt. Paris, p. 9o6,9»r, 969 God*'in,p. 207. h Godwin, p. 25 p, to 272, Walp’gbim Hfi.An, 1318 . p. 167. Tpodrgma Ncufir. p 125. Holinfiied, p. 391 , 392 . An- tiqit. Ecckf- Brit p 271,10 27 S Harrifins HiSory of England, l. 2 e. i p. 143,144 Fox Ails and Monuments, vol. ver Caftlejfo himfelfwas foon alter (eifed up¬ on, dragged by the Heels, and imprifoned at Dover by the vulgar Babble, then forced out of the Realm by the Nobles, and other Pre¬ lates, and his Elia teconfifca ted for his intol- lerable Tyranny and Mildemeanours (f) Eu- fiathius Bp. ofE/y, for pronouncing the Pope! excommunication againft King John, & inter* difting the whole Realm, had all his Tempo- ralties feifed into the Kings hands, his Goods confifcated, himfelf forced to fly the Realm, and to continue in exile many years; all the Prelates and Clergy of England confederating with him herein being likewife commanded to depart the Realm, their Poffeflions, Baro¬ nies, 1 emporalties. Goods feifed,confi(catcdj and all of them put out of the Kings prote- 011, Anno 1208. (g) King Henry the third Was fo highly offended with Hugh Balfamfii- (hop of Ely, that he feifed upon his Tempo- ralties, caufed all the Woods thereon to be cut down and fold , the Parks to befpoyled, the Ponds to be fiffied and walled, and ha- vock to be made of all things, for harbouring the Rebels then in armes aganft him. (by fho- ntitf LUde Eiffiop of Ely j a furious indifereet Prelate 71 ski, Difputatlen. Prelate, upon King Rdrvardth^ thirdhi7com~-- ComtHn the , Pai ; I j. amenc vvas banifhed the on 4 , Ihurlby BifooD nf tr/v r„ • W Tbcmat n oodv. p. s 2 f, as?, ??*. 2 ^ 2^22 committed b> ‘ Q ^' ee ' 1 was committed Pnfoner to the Tower an d i.« • ved of his Bilhoprick bv the Parr ^ e P r . 1 “ p ie .“?««or 4 «„K t ”“h« sasss^L^ 1 -*^'^ ^ Anno •> rMtucini.tr., 7 . f .,e r , at the North-door Jr ^people in London^ I? 1 ’ Ha ^4^? 8 - «/frr, Anno 1040. was a'ccufed^hv r/f° P f de Ge ft" Pm, f- bi/hop of York for n C • b y^ l f rtc K Arch- *• 77. Mat.V/eJlm, fS’\ ’*’• w f#» *"• >•=>. litton againft King Hardcbnute a n AU^ M,t * PirU P- *»’» 222 <¥ “"S SSUSSf^ f ‘ £ p«o‘(oC' Si s SS{'”’ A -' four Bifhffnf 10 ? °^ orce ft er 3 being one ofthe ' f ol,n k hed ’ /• 7 .c. 15 .^ » d lut ssasesa^ -• % w> K dia. 7 * 777 Appendix to John Hus his Difputttm. a Mtlmesb. de Gefn P«ntif. 1,4 >.287. Godwin, ?• 4 ?}• b Mat. Wtjim. ^n.1108, laij. G«fw.p*J 7 J. cm at.Park, p- 881, Jo 8 89, 90}>9o?» 9*6,9 i7»9 1 4,934 540 , 961 . Htlinfhedtp. 251 , 35a, 1 a$8» Godw P- 37 J* di&, 1208.had all his Goods confifcated, his Temporaries feifed by the King, and be¬ ing forced to fly the Realm for thefemifde- meanours died in exile. ( a ) Kaynelmus the 30. Biftiop of Hereford receiving his invefti- ture from King Henry the firft, by the delivery of a Ring and Crofier, according to the Law and Cuftom of that Age, and afterwards re- figning them into the Kings hands again to pleafure Anfelme , againft the Kings Preroga¬ tive, the King was fo highly offended with him fas he had juft ca-ufe ) thatheprefently banilhed him the Realm, and feifed his Tem- poralties. ( b) Giles de Brufe Bilhop of He¬ reford for fiding with the Barons in their wars againft King John , and confenting to the Inter¬ dict, had all his Goods and Teroporalties fei¬ fed, and was banilhed the Kingdom by King John, (c) TeUr de Evehlanc^s 42. Bilhop of Hereford for his intolerable Opprelhons, Treacheries and Exorbitances, was arrefted by the Barons in the year 1263. in his own Ca¬ thedral Church, where they feifed upon his Goods , divided his Treafure among!! then Souldiers before his face, and then imprifon- ed him a long time in Ordley Caftle, as a mere Peft and Traytor both to Church and State. reu anu uijwi uwn. —-- ”r~— A Wtlfinghm Hifi. Angl p ( d^Adam dt Orlton or T drieton the 46.Biihopol 59,103,104. Tpodigma, Nen<- ffyreford , was arrefted of High Treafonfor aiding the Mortymers with men and armes, againft King I drear d the fecond, and being in- difted and brought to the Kings-bench Bar at JFeflmniler to be arraigned for this Treafoo, „ . the Archbilhops of Canterbury Jfork^nd Emu, MtS-Mj accompanied with their Suffragan Bilbops, Z'tl’jh UtSj came forcibly with their Crofters, referred, & VfUlTti took him away from the Bar*and proved ’ him from the KingsJufticejbut the Indiftment Aria An. i;a6, l?» 7 > Untied, p. 339 . ? 4 °, *245. Speed, p. 77 3 © > <580. Aniiq- Ecclef. Brit■ p. 337. Godwin* Catalogue, p. *a *, » 33 * Cambdetts Britan, p. S7<- M y Antipathy to the <2 L ^fupplmcnul A ppend ix to Joh n HuthUDifyutation. being found true upon proof, his Temporal-^ ‘ ~ ties were thereupon feifed into the Kin*s hands, till by this Bifhops irrigation he was depofed from the Crpwn, and foon after mur¬ dered by his advice. When Queen Ifabel and her Son Prince Edward were with their Army at Oxford , this Bifliop fteps up into the Pulpit, and there taking thefe words for his Text, My Head grieved me: he made a Ion* Difcourfe to prove, That an Evil Head, note- therwife to be cured , tnufi be takgn away, applying it to King Edw. the id. that he ought to be depofeek and afterwards he ccunfelled the gheen to depofe & mope him H t<2 Wiham 11 3 ‘ 74 k ii R. i.c Hift. Angl. An. \3**■%?**) G rimfien, Holinjhed, TrvffeL A». ii R. i.Godtv.p'l** ^'(upplemntai Appendix to John Hus bis Deputation. William the Conqueror , Anno 1078. with fun- dry other Bifhops and Abbots in the Councils of VVinchejier and Windfor , for their Trea- fons and Confpiracies againft him, and after¬ s' Walfmghtm wards impriioned. Rhomar Rujhocl^tae 20th. Bifliop of Chichejier , a lewd pernicious Prelate, Anno 1388. was banifhed the Court as a Traytor and pernicious Counfeliorto King Richard the feeond , his Lands and Goods confifcated , himfelf banifhed and de¬ prived ofnis Bilhoprick by Aft of Parliament, and had fuffered death too as a Traytor, but that his Guiltinefs made him fly before he could be apprehended. | /] Richard Sampfon , the 37th. Bifhop o( Chickeder. Anno 21 H. 8. was committed Prifoner to the Tower, for re¬ lieving certain trayterous Perfons who de- . . j- nyed the Kings Supremacy, [nil George Day “ Godwin ’ ? 39 °' and F0 *’ Bilhop of ChicheSter, Oftob. 10. 1551. was de¬ prived of his Bifhopvick lor denying the Kings Supremacy, maintaining the Popes, and other Mifdemeanours ; and his Tempo- ralties feifed. [ti] lohn Chriflopherfon Bilhop of Chichejier was deprived of his Bilhoprick by Aft of Parliament, 1 E liz. for denying the Queens Supremacy, and to take the Oath cf Supremacy and Allegiance. o\ Henry Spencer Bilhop of Norwich a Mar¬ tial Prelate, more imployed in the Field than in the Pulpit, and the Popes General againft the Flemmings , Anno 1385. had all his Tern- 1 Holinfhed, p. 9ii vol. 2* B Martiiu Hiftory, 452,4??! 454. Antiqu. Eeclcl, Brit, in Mat, Parker, Godwin, p. 390. o Walfinghans Hift. p 278, 319, to 354,33s. Poly- chronicon, 1. 7. c, 5. Antiqu rccltf. Brit. p. 248. Holin- ftitd, p.442,443. speed , p. poralties feifed into the Kings hands for two i™* 5 f ° r rai % an . a j& : and p affin s of the Records of the Tower, p. 188, 189,191, 292,293. ^Godwin, p. 951. Seas w ithou t and againft King Richard the fe- cond his command, and vvaslikewife quefti* oned, fined and ranfoned in Parliament for his mifdemeanours; in that military imployment. {/>] ’ Alexander BilhQp of Norwich being efec- , ... . \ d ted. Aptndixn Jfotoifefa Di t maicn . 75 r^h )rt! n/ft Mi >rn > 4 * dir sAt 5 til ope ted by the Monks againft the Kings content Arno 1406. had his Temporalties kept from him by the King, and his Perfon imprifoned £ Z!” dl ) r “ lmo1 * A>* , mi » n 8. M ««, Biihop of AfonwcA in the 25. of H. 8. was at- 1 j. Gcd»h,p. 354. tainted in a Pr£»mnire i put out oftheKin^s prote&ion, hi 5 Perfon imprifoned, hb Lancb Goods and Chattels (eiled and forfeited to che King, for citing the Maior of ; hetford into his Spiritual Court, and forcing him to re¬ voke a Preferment upon Oath, contrary to Law. 1 [ r ] Hugh Novant Bifhop of Chefler ( or' t , , Coventry and Littkfieldn fomeftilehim ) for p.ileior,p. 7 confpinng with the King of France and Lari M*t. Pam, p , go Mu. lohn 2 againft hL Soveraign King Richard the ^ nno 1 19S p 73. firh, to detain him. ftill i,, Prilbn, and plot- *42, -47. G*/. ting all the Mifchiefhe could for the deftru- * 58, SpeeJ,h S * K ftiori of the King and Kingdom, was in a Grand Parliamentary Council held at Not¬ tingham, about the yezr 1198. adjudged to bcclefiafiieal cen fares 3 and the feifure of his Temporalties as aBilhop, andal.oto banilh- ment, and a Fineof5ooo Marks by the Tern- poial^ Lords y as an Officer to the King, L f J VValter Langton Bifhop of Cbejler, by King f Mat. Weflm. Am 1301 .p. caward the (econd his command^vvas arrefted 4*9 Walfingham , by theConflableofthe Tower, and imprifon- H $' P-^- VoUnJbcd, ed above two years fpace infeveral Caftles. P-.i'b Speed p 667. Gaj- his Lands and Temporalties feifed into the 26c, /f l< Kings hands, his Goods confifcated and after tnat compelled to ahfwer to uivers hainous Crimes whereof he was aecufed. ft] Cutbert c>m Biihop ofC^. hf r for his difobedienceto Q yeen Elizabeth was committed Prifonerto the Fleet , and difplaced. [«] Ed/lreJ, King of Mercia for fome juft d i f- 11 M almesb. De Gtflk:Poniifi plealureagainft Fatta Bp. of Lodefier , burned /'■ i« Qtdtriityp, 392, i , . u„ ** t Godwins Catalogue, p. $ 4 ^ A fapplewentd Appendix to John Hus hit DifputAtion . m x Malmesb. de Gefli* Rcgum. *ArgL l i c. \o.p - 60 Mat. IVeftm. Anno p8j.p $ 79 - Aniitju. Ecctef Brit p- 61. Speed, p. 414. G ,J dw. p- 3 9 4 - y Halls Chronicle, 15 W 8. f 218 HAmfliid-.p 936,sj?. Bo sh 4 Cenr f Script. Brit. Cent. 8 c. 68.100. Fox Alls and Monuments p,9S <,976. Speed, p. - o i, 1046. Godwin p. 401. I Godwin, p- JJ 9 * a Godwin, p. fg8* bGodw p. 538, 539. c Trin. 5 6 H. 8. Coram Rege, Rot. 9, Godwin, p. 340, his Church and City, and forced him to de- fert his Bilhoprickj to which he would never afterwards return. [#] Godwin Rilhopofilc- chefler was for many months befieged in his City of Roche Her by King Ethelred , forfome contempts againft this King, who would not raife his Siege upon any intreaty, till theBi- ftiop had fubmitted himfelf, and /ikewife paid him an hundred pounds Fine. [>] lohn Fijher Bilhop of RoCkeKer was grievoufly que- ftioned in Parliament by the Houfe of Com¬ mons, Anno 25 H. 8. for laying, That all their doings againjl the Clergy ,wm for lack^of Faith-, af¬ ter which be tv at indiSed and condemned of High Treafon , for countenancing the Revelations of Eli¬ zabeth Barton, and denying to acknowledge the Kings Supremacy over Ecclcfiaffical Perfons and Caufes-, for which “freajon be was executed upon Tower-hilly (though a Bifhop, and new-made Cardinal) June *1.1^. and his Head let up¬ on London Bridge. [ *] Edmond de Bromfield the 48th. Bilhop of Landaff was for a long time committed Prifoner to the Tower, his Temporaries fei* fed, and Goods confifcated by King Richard the fecond, for procuring and bringing in the Popes Bulls of Provifion, contrary to his own Oath, and the Laws of the Land, to make himfelf Abbot of Bury. M Erhard Bifhop of Bangor , fiding againft King lokn his Soveraign, with Leolin Prince of Wales y was taken Prifoner by the King in his own Cathedral Churchy and put to a ranfom of 200. Hawks. [ 7 >] Roger Toung Bi- fhop of Bangor was imprisoned two or three years for hi* difobedience againft Kin gHenry the 4th. and confederating with that Rebel Often Glendor. [c] Arthur Bifhop of Bangor was attainted Mi dlK pofl lint ijrfoa midi itktl te >}li If fCoa ilk ik,t m fa 'm «/m nd« it«f 111 : niltt ifili lik line iw OK Ajupplemental Appendix to John Hus his Difpuution . .a i ; - _ 77 ZiT d f in r aP> T^r in 3 6 - year of King Henry ~ the 8th. for filing for the light of Patronage and Tithe? k • ul, u , of hangeynn'm, in hi? Spiritual Court which belonged only to the Kings Temporal Courts, for which he was put out ofthe Kings prote&ion, his Goods cenhlcated, Temporalties fazed, and his Perfon ad judg¬ ed to be mtfrifoned according to the Statute; he fold away 5. fair Bells out of the Steeple of his Cathedral |_c I Gifo Bifhop of Bath and Wells* had manv confliftJ ■ with King Herald, who forced him to fly the Realm, and s 4 J!" P ' feized his Temporalties all his Reign, [fj Joceline Bi - f (hop ofB*rh ™d Wells, joyned with Archbifhop Langh- ^' ar, M Paris P> ton and other Bifhops, m excommunicating his Sove- Wchm* Anno raign King John, and interdifting the Kingdom, for « 5 o?.GodwiJ which offences his Temporalties werefeized, his Goods Erfic - 2. P . confiftated , himfelf forced to fly and baniflied the ,07 '* 66 * !Rg* t thC at whofe Coronation he was P . ??? . fpeeially employed, and for yielding affiftance to Lambert [ Io! ' n ^d and the Counterfeit Earl of Warwick, and other Treache Lord Verm™, ries was publickly accufed of High Tieafon, agatft S™** King Henry the 7th and alfo arrefled of High Treafon 37*. * * in the Uniyerfity of Oxford, whether he fled for Sanit¬ ary, imprifoned m the Caftle of Wwdfor till his death fhl wrr' a » d ; hiS »^° ods and Tem P°ralties feized. L *U Wham Barlow Bilhop ofB^ and Wells , was attain- h Brooks ted in a Prammire, by which his Temporalties and £ brid e mcnt . S l SL W ?*£ rf f te ! t0 thcKi,, S- PJ Gilbert Bourne the 47. Bifhop of Bath and WUs, for denying the Queens Su- »Amiq rcclcf. premacy,and refufing the Oath of Supremacy and A He- Brir - in Mac. giance to her, 1 E liz. was deprived of his Biftioprick. Par ker, Mar- And to mention no more Prelidents in fo plain aCafe *y n$ Hiflory P* l6 4 i- Walter Bifhop of Winchejhr, Bobert Bi- fe Lichfield, Godfry B.fhop of Glocefier, see rfie ? Com- 1 . C of Exeter, John Bifhop of Afat>h, George won* and Bifhop of Hereford, Matthew Bifhop of Ely, WiUiam Bifhop Lords J our * of Bangor, Robert Bifhop of Brijlol , John Bifhop of Ro ehT . « ,s 4 - fier, iU ■ AJuppkmental Appendix to ]ohn Hus hts Difptu&tion, jier , JoknBilhop o£peterborough 3 Roger gifliop of Land,affe 3 and William Bilhop ofBath and Wells , were all of them joyndy,and 2. of them particularly, impeached by the Knights, Citizens anti Burgeffes of the Commons Houfe of Parliament, for leveral high Crimes and Miftleniea- riors, contrary to the Kings Prerogative, the Funda¬ mental Laws of the Land, the Rights - of Parliament, the Property and Liberty of the Subject; and matters tend¬ ing to (edition, and of dangerous confequence: After which moft of them, with the Archbifhops of Canterbury and were committed Prifoners to the ‘lower, their Goods and Temporalties fequeftred, and fold by fujidry Ordinances of Parliament. If any out of Ignorance or Prejudice, fhould deem all thefe proceedings againft the Perfons and Tempo- ralties of our Archbifhops and Bi(hops from age to age illegal, unjuft or facrilegious, let them penile the Statutes of 1 E. 3. c. 2. 14 E. 3. c. 3. 25 E. 3. c.6. 2 R. 2. C..7.13 R. 2. Stat. 2. c. 8. 43. 16 R. 2. c. 5. 6 H. 4. c. 7. And the year books of 20 E. 2 Fitz. Corone 237. 16 E. 3. and 14 E. 3. Fitz. Share non admifit 3,7,8, 11 21 E. 3. 3, 30, 60. Brool^ Contempts 5. 19. 22 E. 3. 22, 2 6. AfT. 19. Brooks Forfeiture 82. 106. 29 E. 3. 42. Fitz. Execution 1 59. 38. AfT. 22. Grant 1. 38 E. 3. 12. 46.E. 3 .Pramu- uire 1. 10 H. 4. 6. 14H. 4.14- 8 H. 6. 3. 9 E. 4. 28. 27 H« 8. 14. 22 Brooks Exigent 3 Stamford 1 . 2. c. 45. Re¬ port f. 12,13.8. Report f. 68. Cookj 3. Inftitufts c. 36. 54. Sir John Vavis Reports f. 84. the cafe of P ramunire. Upon perufal of all which it will moft evidently appear, that both our Parliaments and Judges have frequently de¬ clared, refolved, that both their Perfons may lawfully be attached, imprifoned,banifhed, executed, theirTemporal- ties feized, and Goods confifcated to the King, for their Offences, Contempts, Fvebellions, both by the Common and Statute Laws ofEngland 3 znd therefore by like reafon their Lands may be alienated and taken from them for their offences or abufes of them, without fin, facrilegeor snjiiftice, by our Kings and Parliaments, beyond all con¬ tradiction. r Ik | lit: Sent) Fiai at,4 st* 'ft ink- h mp jetf etht U ' n ll }■; 1 U ICIIlil 'm .27! 15 'S 5 <|» 0? II', G m AfuppUm^td A ppendix to John Has bis Wfpuutim. 79 tradition's theyhave^een fromcime to time both by- ‘! e Empeiors of Rome, Greece , Germany , the Kin^s arid Kingdoms of Franc y Spam, Hungary, Italy ^w’Tr 1 ’ Sc . 0tla . nd * nd lr f L nd, as well as England. ’ Ah & I 1 "; J\ dl | e L f dS , an and the Bilhop of Hereford , with fix more Clergy-men only were excepted; and foon after this Parliament many of the Bilhops Temporalties and Ma¬ nors were granted by them to the King by their fpe- cial conveyances, belides others of them leafed or granted to Courtiers, great Officers and Favourites,to preferve the remainder of them. In the Parliament of « j 7 //8,c. 16, (h) 37 H.8.by a fpecial Aft of Parliament,printed in our Statutes at large, under a feined pretext of Exchanges, and other Recompences, the Manor of Riff on in Tork; (hire , together with 69.other Manors there named, their members and appurtenances, were alienated and taken away from the Archbilhoprick and Archbilhop ofTorl^, nine Manors, one Caftle, with fundry Parks and Rec¬ tories belonging to the Archbilhoprick of Canterbury,the Manors of Ckelmesford and Crondon , with the Park of Crondon , and all their Members, Rights and Appurte¬ nances were alienated apd taken quite away from the Archbilhops of Canterbury and Bilhops of London^ and theirSucceffors,and by thefe Bilhops Iiidentures,and this A ft of Parliament fetled on the King, his Heirs and Succeffors for ever, as well againft the faid Archbilhops and Bilhop of London t and their refpeftive Succefforsj as againft the refpeftive Deans and Chapters of Torl^ } Can¬ terbury , London , and their Succeffours, and every of them; any Law, Cuftom, Statute, or other thing to the contrary hereof, had or made nottvithftanding; as in and by the faid Act (worthy perufal) is more at large recor- V ded ^ ftppUmental appendix to John Hus his Vifpvtatioi ded. Befides thefe, the City of Batb 3 the Manors A larf: ford, Chedder , Chew, Claverttn, Compton Van do, Compton Fanil, Congesbury, Clanmore, Ever church, Heriton, Kingfi my, Ledford, Buckle church, Wellington, Witter high, Wut- ton. Weeks, VYile, Jatton, with fundry other Farmer Tenements , Hundreds and Appropriations, have been alienated by and taken from the Bifhoprick of Bath and Wells, the Manors of Sherburn, Sunning, and fundry la¬ thers from the Bp. of Salisbury, and fundry other Manors Lands, Tenements, Farmes, from the Bifhops of Win- chefler, Lincoln, Ely, Chichejler, Norwich, Exeter, Here¬ ford, Coventry and Litchfield , Durham , Carlifie , before and firice 37. Henry the 8th. And had not the Statute of 1 lac. c. 3. reftrained the Alienations of Bifhops Lands and Revenues, they had long ere this had no Landsor Rents at all to difpofe of. In the Parliament of (i) 7 E. 6 . by a fpecial Aft of Parliament the Bifhoprick of Dur¬ ham, with all the Lands and Hereditaments thereof were taken away, and fetled in the King, his Heirs and SuccefTors. And no longer fince than 21 lac. c. 30. Torkchoufe in the Strand was by fpecial Act of Parlia¬ ment by way of Exchange taken from the Archbifhop of Torl^, and fetled on King lames, his Heirs, Succeflbrs and Affigns, and after that on the Duke of Buckingham, upon pretext that it was for the benefit ofthe Archbi- fhops. By all vvhich Afts and Prefidents it is moft evi¬ dent, that our Kings, Parliaments and Temporal Lords, may not only feife , fequefler the Temporal Lands 3 Goods , Eftates of Bifhops and Church-men, in cafes of Delinquency and Contumacy, but likewifefubflraft, alienate and fell them to fupply the neceflities of the King and Kingdom, in times of war and extreme necef- fity, without Sacriledge or Impiety $ which fhould caufe our prefent Archbifhops, Bifhops, and Cathedral- mento carry themfelves with greater Loyalty and Duti- fuilnefle towards his Sacred Majefty, with greater hu¬ mility, fobriety, meekneffe and refpeft towards the Temporal Lords, Commons and People, than their Pi e- deceflfors . i Rafla's A~* bndgement of Statutes, Title Durhm. ^4 4 A fitpplementdPppend.x to John Hus bis Difputation. deceffors have done, and make them very carefullof giving juft offences, or provocation to all or any of them , efpeciaily at this prefent juncture of our Eccle- fiaftical and Civil Officers, in fo hopefull a way of fu¬ ture Settlement, if their pride, avarice, ambition or in- dilcretion do not interrupt them. 7ly. That Afchbifhops, Biffiops, Deans and Chapters themfelves, by their common confent, may lawfully a- lienate, fell, and give away, not only their Lands and a Concilium Hyponenfe , $• Can* 5. Caith& gincnfe 4*c. 3*. Canbiginenfi PofTeflions (which were never folemnly confecrated) ffcU^Su’uu but even ver y con fee 1 a ted Chalices , Veftments, e f x t re f s ( c ) c!au f e m their Oath to the Pope , not 195, 1 96. Fox to lC without the Popes council andconfent, imports. Alls and Menu- (dj When our King Bichard the firft was moft injurioufy ments, voU i.p. tak^n in his return from the Holy Land,and fir a whole year '' 1 ' and three months fpace kept Prifoner by the Emperour of Germany , and at lafl put unto a ranfom of one hundred thoufand pounds of Stiver, after the weight of Colen, Anno 10^3.the Kings Colleftors being unable to levy fo great a mafle of moneys ; thereupon Major es quidem Ecclcfu 6 _ g ; thefauros ab antiquit congeftos temporibus, Ecclcft# Parochia- rzt.MatPa’ ^ es ar & enteos malices pramiferunt', the Archbilhops, Bi- rU in Rhb 1. fhops. Abbots and Priors of all'Conventual Churches An. 1 193. gave the fourth part of their annual Kents , and other in- feriour d Radalpht de Diceto, Imagi¬ nes Htftor . col. r jO, Roger HOm vedenAvtial. purs pofter, p. ! «ll' T'ini: ttfc H (fullj! fldsji cntd bet rfiouj itdift e, tin: «/«! tim W theii mii- bebe- Gw )W luff, # ipoit ml f Itfi w ok ,Ji ! .4 nit ifli' lie feriour Clergy-men the Tenth of their Tithes; and the Ciftercian Monks all their Wools, towards his tpeedy ranfom. Yea the (Vi) Chronicle of Brompton and, others in- A Walfmgbim form us, that the Kings Coiie&ors wanting monies, after Tp^dignu p 4 a. a double exaftion of what they could (crape together (hon J-humt from all pa vts,Poftremo ut nulla vacaret occafio ad fcafa facta etutcnfilta GcciCfias ventutneSi ; Iraqueper omnem Anglici VJ.c WtiZ'y regni latitudinem factt CaltCCS exadoribus regiis traduntur, de Knygbton , de vdpaulo infra pondsu redimuntur . Vafa etiam alia, CtUCCS Event. hn g l, l. ^ai!atojum,aiwU cam auro u a>ancto;um fcrcftts a* " / r ,40 J- See toafo Cunt conSata, * #ececai hoc fecunstim $atrum tsccreta illtcUum, cum urge Mffftmug neccfruatts ardcu* speed, dLc'i, las in{farct. Nec ulla erat ditfmciio ( in this necefiity) EaKgt in Rid,* Clerici & Laid, fecularis & religiofi, rudici& urbanised cmnes indifferenter juxtd fubflanti£ fu might with the confent of their Deans and Chapters,not t only lawfully leafe their Land-for how many years or lives they pleafed, but likewife alien and fell the Inheri¬ tance thereof, or charge them with what Rent-charges they pleafed , Specially by the Kings confent, ( as the grant of a Rent-charge out of the Glebe of a Parfonage by the Patron or Ordinary in time of vacancy , or of the Farfon , Fa- tron and Ordinary joyntly to a Layman, Jhall bind the Succef- fours in perpetuity") as is evident by the Statutes of 37 H. 8.c. 1 < 5 . 1 Jac. c. 3. 33 H. 8. c. 31. Littleton, feft. 648. Cooks 1. IntHtutes, f. 343, 344,44, 45. and many other Lawbooks. Not to adde many Prefidents to thofe fore- * Ca 'f^°8 ue , cited in fo clear a cafe, it is regiftred by jSifhop ^ Godwin o Biiliopi, p> u o pj 0 fj U yofjy Bifhop of Exeter in King Edward the 6th. his Reign, That of all the Bilbops of the Land he was efteemed the beft Courtier, being better liked for his civil Behaviour than his Learning, which in the end tur¬ ned not fo much to his credit, as to the fpoyle of his Church, for of twenty two Lordfhips and Manors which kis Fredectffbrs had left unto him , of a goodly yearly Revenue , be left but three , and them alfo leafed outj and where he found 13. Houfes and Palaces (too many by 12. for anyone Apoftolica] Bifliop ) wellfurnijhed , he left only one Houfe, bare and unfurnijhed,yet charged with fundry fees and annu- ■ities'i whereby this BiJhopricl{ , which fometime was account¬ ed one of the bejl. became in Temporal Lands one ofthemeanefl. jf then our Bilhops and Cathedral men themfelves may thus alienate, fell, charge, exchange their Temporal ' L^nds and PolTdfions, or leafe them out to their Wives, ■» Children n f. Hit 11 b f# tit ilt M V » ilt mg it ijt i,!. KCij 'i; 4 «k (on lit tH «* for; lit ib up it l» 03 m st f> p Jj A fafUwunul Appendix to John Hus hit Difpuution, 87 Children, Kindred, Courtiers, Friends, without Sacri¬ lege or Impiety 5 No doubt the King, Temporal Lords and Commons in Parliament,may much more alienate, leafe, charge them upon any publick neceffic , for the Kingdoms eafe, peace, fectlement, after fo many years Wars and Revolutions, without any Sacrilege or In- juftice, all circumftances duly confidered. 81 y.That the Lauds formerly given to Abbie-,Priories, Monaftries, Templets, Hofpitalers, and other Religious Orders', were dedicated to God and the Church, with greater Ceremonies and Solemnities, ratified by more Charters, Confirmations of our Kings and Parliamenta¬ ry Councils, and by more folemn Anathemaes, Curfes, Excommunications, then any Lands Ceded on Bithops, geeda.InguU Deans, Chapters or Cathedrals, as the Charters them- phi Hifioria, felves yet extant, and our [g] Hiflortes refolve beyond ‘ M *' m «bury ditpute: Yet our Kings in all ages before and fince the- de ) G ‘^ l p Kt '’' Conqueft, have not only feized their Temporalties in SSm A»g 5 J’ times of War, but likewile detained them in their own Mar. panf, * hands, to their own ufe, and given them to their Offi- Mat-Weft cers, Captains and Ssuldiers, by way ofpay or reconi- '"'“tEcsi.ma:- pence for their faiaries, and that both before and fince onD / . t,n ^' the Conqtteft, as the Emperors of Germany, and Kings of fijde bicero Trance,Spam, Hungary, Poland,Denmark^, Sweden , 2 lufsia, Thom. Stubs * have frequently done, and that oflate years too, as well Chronicon as antiently by the Jefuits perfwafion, who affirm it to be G . cr ' ,J fi'»Chro- lawfull, and Jujlae ejj'e canfas Monafreriorum fundationes in " ,con J oh *»»is meliores ufu< r ouvertendi jam ^OtUdejd Cafar, Cptfcopi, Pjinctpcs iuhicarumct terbtscr fartts, 2>ata font tccief.chrifti Itattcrta ftt HBcIit fumptus, data ntulta Epifcops, data ad c ™tuaf.spel. feminaria, data parochiis , as Alpbonfm de Vargas, Relatiode p 4 " ni C0nci ' Stratagem , Jefuiticum, c. 49. relates their words, which M 0 n?n' *’ he amplifies from c. 43, to- 54. I fhall inftance only in AneiicSm fome tew Domeftick prefidents. The Leggcr' Stored King of the Mercians, in the years of Chrift 870. Eo °ks of mod and 871, when the invading barbarous D«w.t,plundered, Alj ^ ies > Char- facked, burnt fundry Monafteries, and the Manners be- p aI i n r r RV" d longing to them, putting the Monks and- Abbots they the Tower! ^ M met cxf fuppltmental Appendix to John Hus his D/fputation, met with to the Sword, as well as others, without dif- gi imination, feized upon divei'S Monafteries and their Lands, retaining moft of them in his own hands, and giving the relidue of them to his Commanders and bouldiers, for the better maintenance of his Wars and Forces againft the Vanes, for defence of the Kingdom , A . an d People, againft their invafions, thus recorded by f ran cofur ti ^ h 3 A1 ?bot of Croyland. B’orredus autem Rex i<®[. p. 8(55, Mercioruni hoc intermedio cum Britonibus occupatus, 85 j, 878, ’ qui crebris eruptionibus Occidentalem partem Re^ni 879. fui Merciae inquietabant, audienlque, Danos plagam ejus Orientalem plaga miferabili percuflifTe, venit Londoni- as : & contra&o maximo exercitu , pertranfiens per Regnifui plagas Orientates, totam HeJienfem infulam fifeofuoapplicavit: procedenfquein patriam Girniorum omnes terras de Medeftiamftedenfi monafterio in manum fuamcepit, fcilicet quicquid inter £>fanfo,JD, Ranting* Don, 8 t tMifebeil difto monafterio dudum pertinuerat; remotiores vero terras fparfim per patriam jacentes ftr- pendiariismilitibus exercitus fui afljgnavit : id fecit de d. ptikjjk,. terris monafteriiS. Vega de * Rctficf, quafdam fibi reti- nuit, quafdam militibus fuisdedit: id fecit etiam de terris mcnaftei ii Guthlaci de CrotftanD, quafdam ftipen- diariis militibus diftribuit, quafdam fibi confifcavit. Et licet venerabiiis pater Godriius laspius repetendopenes Regem & Miniftros fuos multos fudores confumeret, & chartasdonatorum, Regumque confirmationes una cum fuo proprio ehirographo faepiffime oftenderet : nihil femper nifi vacua verba reportans, demum de negotii fui propofito penitus defperabat. Cernens itaquemaliti- d milmm. am trmporis nimiam, & * malitiam Regis terrarum cupidiffimam, ftatuit tandem lecum hujufmodi Regias donationes furdo tempore petranfire, ac ufque meliora tempora fuccederent, deinceps fub filentiodiflimulare; Ixtus mmium, & exultans, quod totam circumjaces- tem infulam liberam, & ab omni exaftione Regali abfo* lutam multum fpecialius fibi, quam multis aliismona- fterus tunc contigerat, Regia gratia concefliffet. Re- cefiTerunt life) mil - anli,! idtiii \ ueol xupi fflfli ganii Londc icnj I ini vim m Mini lerat test (ecit ibiit tun ntf nil doff nere line :t :i P td :irrie 51 ? get gdi igjf 0 it it ¥ A fupplemer.td Appendix to John Hus hu Difputation. 89 oefleruntergoillo tempore de ditto monafteiio CropT . lane, 8c ufque ad praelentem diem non rediernnt ilfae poffefliones: (ciiicet manerium de £>psU)tng, datum Addmlpho Comiti, cunj omnibus pertinentiis fuis j ma¬ nerium de ZDcpUlg, datum Langftro militi, 8c panetario Regis, cum omnibus pertinentiis fuis* manerium de Cropn, datum F.rncdo milici, Sc vexillario Regis, cum omnibus pertinentiis fuis j manerium de f&irfoton 8c Itimerbp in JLtttOCfi?, cum omtiibus pertinentiis datum Comiti Turgoto. liBufetlfjafe vero, 8c Wellington tunc fifeo appropriata, poftea per induftriam Domini tvh Abbatis Cropland, 8c donationem piiffimi Regis ^ Edrid reftauratoris ditto monafterio fuerant reftituta. .1 - j j- Similiter omnes caetera: terras aliquando Croylandia: pertinentes, quas Rex Beorredus fifeo fno affumpferat,fci- licet, €iuarpelaoc, $>utturtcn, iangtofr, HBafton, 3£c* puigale, j?-ttfbp, SDraiton, Cfnrntng, ©lapfjtojn, 8* butgtoil, a>ianson, 8c IBabbp, per gratiam inclyti Regis Edredi, 8c diligentiam Abbatis T urlytuli Croylandise ( who redeemed them with very great films of money, whith he mentions p. 878, 879.) reddebantur. Tranfi- ens tunc Rex Brorredus cum fuo exercitu in JLpnucfic, latiffimas terras monafterio de 515 arttnep dudum perti¬ nentes fifeo fiioaccepit; # immotas vero, 8c indiverfis patrns * divifas jacentes, militibus fuis dedit. „i ZJtet’ Be rides, the fame [ i ] Ingulphus records, that in the 6 . divifm. year of King Edward tie ConfeJJor , ( though a great Pa- ' Hirtoriap. tron of Abbots, Monks and Monafteries ) Anno T)om. 1048. Wulgat Abbot of Fegeland > by fundiy futesinthe Kings Courts of Juftice, not only loft the fite ofhis Mo- naftery, bur after that, all the Mannors and Lands for¬ merly given thereunto, after the Abbot of Burge hath recovered the former fite of the Monaftery, and enfor¬ ced him to rebuild the Abby in another place. Illo in tempore venerabilis pater Dominus Wulgatvs Abbas Pe- gelandiae diutiflimam calumniam paffiis ab Abbatibus B irgi E lfim i Arw'mo & Leofrico } Abbatias fuas fedema- mittens tandem fuccubuit, 8c (proh nefas^ totum fitum M 2 nionafterii 9Q j (nfplmemai appendix to John Hus his Difpatatm. monafterii fui judicio regalis curiae perdidit. Tantum tunc potuit fu per juftitiam pecunia, contra yeritatem verftitia, 8c in curia Regis Hat decnuti Comitis Godwini potentia. Cumque praediftus Abbas JVulgatus amiffo fitu monafterii ftii, juxta proximi fluvii crepidinem, t®elajTD nomine, in fuo manei io magis.vicino de # 3 ?* tljambntgt fundamenta novi monafterii jeciffet, 8c illuc Abbatiam fuam transferre difponeret, Eccieftaiiique ac dormitorium cumcaefer* clauftralibu* officinis, adjutus multorum fidclium Eleemotynls reaedificare non iegni* ter infudaret, Fernotus miles, 8c Dominus de JSsffoDjdj) diftum maneriumde $o?tt)burt datum fuiffe de proge- nitoribus ejus monafterio fanftas Peg*, & monaenis ibi¬ dem Deo fervientibus ex Abbatis propriis rhirographis patenter oftendit. Unde conlequenter allegavit, quod cum Deo 8c fanftas Peg* Abbas Wulgatus 8c monachi fui a modo ibidem non ferviremydiftum manenum a modo nonhaberent. Acceptatum eft hoc a Regis juftitiario, 8c confeftim adjudicatum eft diftum manerium de jJ5oj5t»bU$t cum omnibus fiiis pertinentiis pi ardifto mi- iiti Femoto , Sctanquam jus fuiim haereditarium, demo- nachis Ecclefis fanftas Peg* alienatum perpetuo 8cfub- latum Quod cum per univerfum Regnum citms fu- iffet cognitum, fcilicet Abbatem de ^eifeirfc prius ami- fifie monafterium fuuna, 8c confequenter manenum ad monafterium quondam pertinens; fimiliter _ Edmerus miles 8c Dominus de a£olbjoft calumniam movit contra eundem Abbatem 8c monac/ios fuos de maneno luo de iPahlcp i 8 c Horfwgw de Mtatbe caiumniatus eft 8c pro manei io fuo de iBatmigton ; 8c Siwardus Comes dema-, nerio fuo de UBetrJacft; 8c Httgohnus thefaurarnts de manerio de ; & alii plures de aliis manerns difto monafteriodudum pertinentibusj 8c omnes eadem ratione in di&a caula contra monachos obtinuerunt; 8c tam demaneriis, quamde monafterio fuo diftus Abbas de ptiliitfe 8c monachi fui nequiter ac crudeliterejeai funt: ut nunquam alicui veniat damnum folum. Cum itaque Abbas Wulgatiu 8c conventus fuus, monachi lei- I.«■ lifui Bloc imc ait to mi lent blit till!! lUSlI nun U* )fe let inf) ■0 ufti d ft K ■ i^ffupplewental Appendix to Joint Hus his Deputation. licet 18. fiede monafterio deftituti vagabundi fk in pro¬ ximo difpergendi in omnem ventum pro extrema mife- ria fluftuarent: mifertus eorum piifllnuis rex Edward us omnes in fuam curiam fufcepit,8< ufquequo eis provi- deret,, fuam capellam, acaulaniquotidiefrequencare impel avit. If then Lands formerly dedicated to God and Monafterial Churches, may thus betaken away and recovered from them by Law, without facriledge or in- juftice, they may by like reafon upon moft occafions be alienated and taken from them by the King, Parliament, and Temporal Lords. ( k^) Grabber Mdpes, and (l) Mv.Cambden out of him in- k De Nagis Cu- form us, that in King Edward the Confers reign, Godwin "«/»*• . Earl of Kent having a defign to gain the Manor of * ar h J* ley in Gloucejler-Jhire to himfelf, belonging to a Nunnery ^ p I7T ; there fituated where the Caftie now hands,parting by the i 7 8 . See John Nonnery, left his Nephew, a very beautifull and elegant b debit Alts of young ubui in the Nunnery, who lodged therein fo long E n giijh Vote- under pretext of ficknefs,that with his coftiy Gifts,Beau- rm ‘ ty and Courtfhip, he fo far corrupted the chaftity of the Abbefle and Nuns, (who attended him by turns) that he begat and left them all great with ehilde , and turned thefe lambs into Wolves.Micr which porting thence to Earl God¬ win , and acquainting him therewith-,he thereupon infor¬ ming the King that the Abbeffe and all the Nuns were fro- ilituted Strumpets , and great with Childe, the King iffued a Commiffton to enquire thereof, and finding it to be true, the Nuns were cart out, and the Manor given to Earl Godwin , who begged it of the King, from whom it came /o the Barons of Barkly , who have enjoyed it as the Head of their Barony for many Generations, withoutany Sa- criledge or Impiety. By the Common law of England our King-; in all Ages by their Prerogative Royal in times of war, danger, and upon fundry other occafions have feifed the Lands, Benefices, Rents,Revenues,Monies,Goods of Priors, Abbots, Monks, and other Ecclefiaftical Perfons, who were aliens to their own ufes,without Sacr iledge or Impiety; as is evident by the Fine Rolls of 23 E. 1. m. 1, 2. clauf. 23 E. i.dorf'4-cL 24 E, i.m. ii.elauf. 25 E. V 9 * A fupplemental Appendix to }ohn Hus his Difputation, i.dorl. 12, 20,22. clauf.2o E. 2.dorf t Alf 27- Records, the refpeaive Parliaments of 27 H.8.31 H.8.C. l's ii 2^43 13. 37 H*8. c. j. i E. .c. rq by feveral Afts ('coilefted by B.aJlaU i Tkle,MonafieryesJupoaMr.FiJhhis fupplication of e. V°1 h.Vi;. 7 Beggars 5 feveral Petitions and Complaints of the Com- mons,and Inquifitions taken upon oath,an 1 returned in- » to the Exchequer of the Sodomitical, adulterous, incon- e=p p <* tinent, vicious lives of Abbots, Monks, Nuns, and other religious perfons, remaining on Record in the Exche¬ quer, publilhed at large by bhn Speed in hisHiftory, o mifwghm, leaver, and (0) others, totally fupprefled all Monafte- Hift. Angl. p. l ies,Pi ioi ies,Nunneries,Cells,and other religiousHoufes, 415 rpodignu «, and fetled the inheritance of all their Lands, Rent', p. Evi¬ dently Ecclefia Chi’Jti Cantuar. C harts Antiqur, and the Patents Koils 'a the Tower. Leager-books» 1 ; nrg 9 % ---- — -- — -- - v - k^ 4 jupplemental Appendix to John Hus his Difpuiatten, b Mtgna Chv ~ tn , f. $6. 7 E. i Rdfti't Mort mam i. i 5 R. r. c. See Brook. and Afb t Tn , M nt Leager-books, that all or nio[] of the Manors, Lands, Te¬ nements in England and Wales , now in the poffelTion of the King, Q_een, Nobility, Gentry, and Commons of England^ have heretofore in fome Age or other beenfo- lemniy confecrated, devoted, and given by their Ance- ftors to (ome Cathedral) or Collegiate Church, Abby Frioiy, Nunnery, Cell, religious Houfe or other, or else (b) by art , fraud) monyes vejted in and fetledon them in perpetuity at the Churches Patrimony, Yetnotwithftand- ir.g they have been alienated, fubffra&ed or taken who- ly from them in fucceffive Age', and the inheritances of them fetled in our Kings, Nobles, Gentry and Yeoman* , , ry, without any temple of Confidences, or real or im- Tr,i:n> & hb ^ J pm ted guilt of Sacriledge. From whence it inevitably c See Rajhis k >llowecii, (y) That tithe greatejljart of all the Temper al- b i 'gement. Tit. ties. Lands and Revenues which our Arc hb/(hops , B flops, Monijicries, 3; Deans, Chapters, Prebends, Abbots, Friars, Monfs, Templar* H. 8,c. 16. Hofpital'ers , and otherEcdefiaftical orreligious perfons* ■forme: ly enj >ved by as good right, title,in Law,ConfciI ence, a> thole now or any of them yet enjoy them,might be lawfully alienated, or juftly taken from them by our King'-, Parliaments, and Temporal Lords, and may be ftiii detained from them by the Purchafers ofthem, their Heirs or Afligns, without Sacriledge , Impiety, or Inji ftice •, Then by the felf fame reafon, the Lands and * if h beared Temporalties they lately poflefled oryetpoflds,may Sacriledge toali- upon any publick necelliry or juft occafion be alienated, enate any Lands Told and taken from them by our Kings, Parliament^ mer y dedicated' Loid ' and Gomn,on > without the guilt of Sacriledge t religious, ido ® p Impiety s fo as there be a competent maintenance left letrcus or fnper- tor the Evangelical Mtmfters, Bifhops and Paftorsof fiitiont ttfestas Parochial Churches, for the inftruftion, edification PreUtual Clergy an j (klvation of the Peoples fouls committed to their nli n fZh Lands chai 'S«sThei e being the felt-fame * f««foo of Sacriledge, oughtcoberejh- atlti 110 Sacrilege,m alienating,fubftraaing,felling,detai¬ l'd to their pri- ning the major part of their Lands & temporalties asof With e ufes, or the Minor: Orelfe if it be real Sacriledge to alienate,fell, e ‘ !e nor ‘ e at aU ' detain any parcels of Lands or Temporalties, formerly given A fupplemental Appendix to John Hus bis Difpuution. given by our antient Parliaments to others, or veiled in the Church or Church-men ; then all ourKings,Par- liameuts, Nobles, Commons, muft be aftually guilty of thefe fins; and as far forth obliged in Juftice,Con(cience, to make full reftitution of ail Church-lands whatfoe- ver, .formerly alienated or fubftrafted, as the late Pur¬ chasers of Bilhops and Cathedral Lands, and then the whole Kingdom , or farre greateft part thereof , muft henceforth become the Churches and Church¬ mens Patrimony, and our Kings, Nobles, Gentry, Com¬ monalty of all degree 1 , their mere Homagers, Vaflais, it Farmers , and Tenants at fufferance; the antiquity of i» former alienations, fales of Church-lands by our Ance- I ftors, if Sacrilegious and Impious, rather aggravating, than extenuating the Crime; but no wayes juftifying f the Legality thereof; it being a Maximein our Law, n, (d~) Quod ab initio non valet, traUu temporu non convalefcit, d Regular¬ 's, and a Principle in Divinity, that the (e)older an) fin island e i cor. 5/^3’ \« the longer per fevered in , the more execrable , and fit to be Col- 9.1 p Jt ‘ ;ki repented ,redreffed ; and that (f) Heirs,Aflignees,and Sue- 1. » 3 . it cellors are obliged to make refiitution of facrilegious R/t- f Alexander k pjp es 3 M M immediate Authors of them. Tbeol ar*™' * 1 ' ioly. That the Difpenfation and Indulgence of Pope Julius the 3 d. himfelf, Cardinal Pole Archbilhop oPCan- mt Ange’lh», ^ ‘ peachment or trouble,by pretence of any general Coun- cel, Canons or Ecclefiaftical Laws, and clear from all dangers of the eenfures of the Church. And conformable hereunto, the Bifhops and Clergy of the Province of Canterbury have presented.to your Majefties a fupplication in this tenour that followeth. The Suppli¬ cation of the Clergy. biota. Nota. Nos Epifcopi & Clerus Cantuarienfis provinces in hac Sy nodo more noftro polito, dum Regni Tarliamentum celebratur, congregate , cumomni debita humilitate & reverentia,expc- nimus Majeffatibus vettris , quid licet Ecc left arum , qui • bus in Epifcopos , Decanos , Archidiaconos , refiores , & vi¬ car ios prafetH pumus, & animarum, qubujusRegni pr.eterito pc if mate deperdita et amif- fa,omniftudio,& totis nofiris viribus,recuperare, & adprifti- num Ecclepiarum jus revocare, juris remediis niti deberemus: Nichilominus tamen habite prius per nospuper kac re maturo Confi/io, & deliberatione ingenue fatemur,ms optima cognofee- re, quant hec honor um Ecclefiafticorum difficilis, & quapi int- pofjibilis cjpet recuperatio propter multiplices, ac pene inextrica- biles puper his habitos contraflus, & diftofitiones, & qubdfi ea tentaretur , quies & tranquillitas Regni facile perturbare - tur,& vnitas Ecclefi* Catholic*, qu*jamputate, & aufihc- ritate Majeftatum veflrarvm hoc in Regno introdufta eft, cum maxima difficultate fuum debitum progreppum-, & finemportiri non pojfet.ldeo nos bonum & quietem public am privatis commc- ditatibus , &palutem tot animarum praciofo Chriptipanguine redemptarum tevrenis bonis anteponentes , & non qu* noftra, fed qu* Jepu Chrifti punt quarentes, Majeftates vellras enixl rogamus, eipque humihter pupplicamus, ut reverendifthno in Chrifto patri , "Domino Reginaldo Cardinali Folo , adippas & univerpum hoc AnglU regnum panftipsivii Domini noflri , Domini t_yf fupplemental Appendix to Jo hn Hus h is Di (put at ton. 99 Domini Julii, Pap* tertii, Aped ohc* fedis de latere lega¬ to h*c nomine ttojiro infmuare, &' apud etint intercedere dig- nentur. ut in hiis bonis Ecclefiafticis in parte, vel in toto arbi- trio fuo juxta facultatesfibi ab eodem fandifmo Domino no- flro Papa conceffas, eortmdem bonorum detentcribus elargien- », dis et relaxandis publicum bonum private, pacem & tranquilli- tatem diffidiis , & perturbationibus, atque animatum falu- tem bonis terrenis prefer re, & anteponere velit, Nos enim in omnibus qu* ab ipfo legato Jiatuta , & ordinata circa h*c bonafuerint, exnunc, prout extunc,&" econtra confenfum no- forum praflamus, imo etiam ut in pr*miffis fediffcilem aut Not*. refiridum reddere non velit, Majejlates vedr* noffro nomine eum hortari, & rogare dignabuntur. Forafmuch as the faid moft Reverend Father the Lord Legate, at the interceflion of your Maiefties, hath by the authoritie of the Sea Apoftolike, fufiici- ently difpenfed in the matters fpecified in the faid fe- veral Supplications, as in his faid Letters ofDifpen- 1 fation is contained more at large. The tenour wheieof «■ $ I t# f if i t 1 ijj * fr lit Reginalds miferatione divina Sand* Maria in Cofmodin The Difpeo. Sand* Roman* E ecleft* Diaconus Cardinal Veins nun- gJJJJJj t,ie cupatus 5 ad Serenifjimos Philipptrm & Mariam ^ Annu* Reges, fideidefenfores, & univerfum Angli* regnunt, San- difftmi Domini nojiri Pap* , fedis Apojiohc £ de latere legal us, eifdem Serenifftmis Philippo & Mari* Regibus falu- tem in Domino fempiternam. Cum fupremum Confihum i\lius regni Parliamentum nuncupatum Majejiatibvsveftris, per fuos fupplices UbeUos expofuiffet, quod permaocifmo fafmate, in hoc regno ahb vigente, quod nunc dei mife- ricordia, & Majejlatum vejirarum pieUte extmdum eft, audhoritatem ipfius Parliament , nonnuVi Epifcopatus di- vifi, & ex his aliqu* inferiores Ecclefi*, inCathedrales e- red*, & fchol*, atque hofpitalia fundata, necnon plurima difpenfafmtes & benefidorum provifiones fad* fuerunt, ac mult* perfon* quibus perfuafum fuerat , juris Camnici difpofitiones, hoc in Regno amplius locum non habere : inter fe in gradibus confanguinitatit vel amttatis - — - - - - : - . - - - --.» 'ico Kyi judgemental Appendix to John Hus his Deputation. yLc, affinitatii de jute prohibits, & aliis impedimentis Canonic it fibi objlantibus matrimonia, per verba de profentii contr axe- runt, & multi adus judiciarii, & proceffus, tarn inprimU qitam ulterionlus injlantiis fuper rebus fpiitualib us, & li! 8 " fit lit: ittll tk lit bjt pd ytb pit in V Ml urn tout ablf Its, ibil Ml iif It if litis ill ) 1 w Inf > |sl IP (fif Iff p If that they and every of them now hath, or hereafter fhall have, of and in all and every the Manners, Graunges, Meffiiages, Lands, Tenements, Tithes, Petitions, Porti¬ ons, Advoufons, Nominations , Patronages, Annuities, Rents, Revertions, Services, Hundreds, Wapentakes, Liberties,Franchifes, and otherthe pofitflions and here¬ ditaments of the (aid Monafteries, Abbies , Priories, Nunneries, Commaundiies, Deaneries, Colleges, Pie- bends, Hofpitab, houles of Fryers, Chantries, Rectories, Vicareges, Churches, Chaples, Archbifhopricks , Bi (hopricks,and other Religious or Ecclefiaftical houfes or places, or ofany of them within this Realm, or the Do¬ minions of the fame, by fuch Laws and -Statutes as were in force before the firft day of this prefent Parliament, and by other lavvfull conveyance to them tiiereof made. That it may be therefore enafted by the authority of this prefent Parliament, that as well your Majefty our Soveraign Lady, your heirs and fuccelTors, as alio all and every other perfon and perfons, bodies politick and corporate, their heirs, fucceffors and alligns,noiv having, or that hereafter fhall have, hold, or enjoy any of the feites of the faid late Monafleries, and other the Religi¬ ous or Ecclefiaftical houfes or places, and all the faid Mannors, Graunges, Meflfuages, Lands, Tenements, Tithes, Pention-, Portion 2 , Giibe-Iands, Advoufons, Nominations, Patronages, Annuities, Rents, Revertions, Service 2 , Hundreds, Wapentakes, Liberties, Franchifes, Profits,Commodities, and other the pofTeffions and he¬ reditaments of the faid late Monafteries, Abbies, Pi ic- rres, Nunneries, Commaundi ies, Deaneries, Colleges, Prebends, Hofpitab, fwtffes of Fryers, Reftories, Vica- riges, Chaunti ies, Churches, Chapels, Archbifhopricks, Bifhopricks, and other Religious and Ecclefiaftical houfes and places, or any of them, of what name, na- tureor kind foever they be, fhall have, hoid, poflede, retein, keep and enjoy, all and every the (aid Scites, Mannors, Graunges, Mefluages , Lands, Tenement 2 , PofTeffions, Profits, Commodities and other Heiedita- ments, 107 Nota. Nota. Nota. io8 {iff imentd Aptndix to John Hus bis Difputatm . meats, according to fuch Jnterefts and Eftates, as they and every of them now have or hold, or hereafter (hall haveorhojdofandinthefame, by due order and courle of the Laws and Statutes of this Realm, which row be, or were handing in force before the firft day of this pre- (ent Parliament, in manner and form as they fhouldhave done if this Aft had never been had ne made : This Aft, or any thing herein conteined to the contrary, in any wife notwithftanding. Saving to you our faid Soveraign Lady, yourhcirs and fucceffors, and every of them, and to all and every other perfon and perfons, Subjefts of this Realm, and bodies politick and corporate, and to their heirs and fucceffors, and to the heirs and fucceffors of all and eve¬ ry of them, other then fuch whofe right, title or intereft is bounded or taken away, undone, or extinft by any Aft of Parliament heretofore made, or otherwife, all fuch-right,title, claim, poffeflion, interefts, rents, an¬ nuities, commodities, commons, offices, fees, leafes, liveries, livings, pentions, portions, debts, duties, and other profits, which they or any of them lawfully have, or of right ought to have, or might have had, in, of, or to any ofthe premiffes, or in, of, or to any part or par¬ cel thereof, in fuch like manner, form and condition, to all intents, refpefts, conftruftions and purpofes, as if this Aft had never been had ne made. And that it may be further enafted by authority a- fbrefaid, that all and every Article, Claufe, Sentence and Provifo, contained or fpecified in any Aft or Aftsof Parliament, concerning or touching the affurance or conveyance of any the laid Monafteries, Priories, Nun¬ neries, Commaundries, Deaneries, Prebends, Colleges, Chantries, Hofpitals, houfes of Fryers, Reftories, Vica- Kcta. riges, Churches, Chaples, Archbifhopi icks, Bifhopricks, aud other Religious and Ecclefiaftical houfes and places, or any of them, in any wife concerning any Mannors, Lands, Tenements, Profits, Commodities, Heredita¬ ments, or other the things before fpecifiedj to the faid King His f Pff, _ ^ _ _ fupplemental Appendix to Jo hn Has his Deputation. i o 9 King Henry the 8th. or King Edward the 6th. or either tte of them, or any other perfon or perfons, or body poli¬ tick or corporate, and every of them, and all and every ii® Writing, Deed and Inftrument, concerning the aflfu- Ub ranee of any the lame, fhall hand, remain, and be in as 11.1 i good forciS, effeft and ftrength,and fhall be pleaded and ,ilt ta ken advantage of, to all intents, conftruftions and pur¬ poses, as the fame fhould, might or could have been by irk the Laws and Statutes of this Realm, in cafe this prefent left Aft had never been had ne made. [Djt And that all Feoffaments, Fines, Surrenders, Forfei- irst tures, AfTurances, Conveyances, Eftates and Interefts, in idft any wife conveyed, had or made to our faid lateSove- ik(ii reign Lord King Henfy the 8th. or to our faid late So¬ ya vereignLord King Edward the 6th. or either of them, (e, 1 or to any other perfon or perfons, bodies politick or , an corporate, or to any of them, by Deed or Deeds, Aft or ifc Afts of Parliament, or otherwiie, of any of the Sites, i,u Mannors, Lands, Tenements, PofTefiions, Profits, Com- li K modifies or Hereditaments, of any of the faid Archbi- of,i fhopricks, Bifhopricks, late Monafteries, Priories, Nun- rt neries, Commaundries, Deaneries, houfes of Fryers, Id 1 Colleges, Chantries, Hofpitals, Prebends, free Chaples, ! I of any Mannors, Lands, Tenements, Revcrtions, Ser¬ vices, Tithes, Penfions, Portions, Annuities, or ofany fa other Hereditaments, of, by or from any Ecclefiaftical jtf or Spiritual perfon or perfons, or by or from any Spi- h, ritual or Ecclefiaftical corporation, or body politick, ‘ ftall be as good and available in the Law, to all Intents, Conftruftions and Purpofes, as they were by the Laws and Statutes of this Realm, handing in force before the | firii day of this prefent Parliament: And that the fame ’ [1 . may and fhall be pleaded, alleged, and taken advantage' of, in fuch fort, and to fuch effeft: as they fhould, could or might have been by the Laws and Statutes of this Realm, ftanding in force before the faid firft day of this prefent Parliament: And that all and every Claufe and Article offaving, conteined in all and every the faid Afts and no JJ^flancntd riff radix to }ohn Hus his Difpuutten, ^ncTs^^r^ 11 ft^ad , remain and be in f«ch force, {Length and effeft, as they were before the (aid hift day ltmliitu auu U1WCVJ u-vwv ; . j . ofctiis prefeat Parliament 5 any thing concerned m this prefencAftto the contrary in any wile notwithlianding. 1 And that it may be in like manner enafted by autho¬ rity aforerkid, that whofoever lhall by any proceffe ob- teined out of any EccleQaftical 1 ourt w ichin this Realm, or without, or by pretence of any Spiritual jurifdiftion, or otherwise, contraj y to the Laws of cnis Realm, in¬ quiet or moleft auy perfon or perfom, or body politick, for any of the faid Mannors, Lands, Tenements, Here¬ ditaments, or things above fpecified, contrary to the words, fentences and meaning of this Aft, ihali incur the danger of the Aft of Praemunire, made in the 16. year of Ling Richard the 2d. and fliall fuffer and incur the for¬ feitures and pains contained in the fame. To which Aft I lhall annex Pope Julius his Letters and Reafons fent toQueen Mary Anno 1554.for the granting of the forecited 'D/fpenfation , which occafioned this Statute. / Dr. HackwelU A nfwer co Carrier, p. i49,2$o. Dr. Burges his Afo Sacrilege nor Sin co alie¬ nate or pur- chife Cathe¬ dral Lands, p* 52, S3> 54- ’That all fuch as by juft "title according to the Law or Sta¬ tutes of this Realm, for the time b ing, have any PoJJl ftons, Lands or Tenements lately belonging to Monajieries, Priories, Bijhcpricks, Colleges, Chantries, Obits, &c. whether they have purchafed them for their money, or are come topojjejje them by gift, grant, exchange, or by any other legal means yvhatfoever, may retain and keep the fame in their Pcfftffms, and have the fame ratified and ejlabhjbed unto them by the confirmation and difpenfation of the Sea Apofiolick- Caufes and Reafons why fuch Difpenfations may be juftly granted with honour and confcience. Not a. c± m 1. The State of the Crown of this Kingdom cannot yteUbe fufiained to govern and rule with honour, iffuch Poffeffions be taken from it: for at this day, the greatest part of the Pof- feffions of the Crown,confifleth of fucb Lands and P-offeffvns. ' 2. Very djupp foment al appendix to John Hu %hkbifp«utm. in 2. Very many men have with their monies bought mdvvZ chafed great portions of thsfe Lands, from the moll Excellent Kings, Hem y the VIII. and Edwa/d the Vlwho jy f * TvaT tS t aV ! ™ rr *” ted the f awe : cf which Lands and, M°? FK0PRIE IN DLVM COM- Heathens lee - SP^SlVJOLAtlOi VEL PRJEVARICA- medthtiSatri - TIO MANpATORVM, Adding that the Apoffle in the ^£ e , not to ne ^ c ' ¥or ^ s J Fer ptavaricationem legit D eurn inhonor as ; worlhip their EXPO SUIT SACRILEGIVM : Rhetnigius and Hay me Gods. Deos concur in fubftance with him. And indeed this defini- tn i uttn > mn non of Sacriledge, that it it the breach or violation of the r> &Rro facred law of God, is moft agreeable to the Apoftles mean- " n P" a * onl,M mg and proper etymology of the word. Hence Lauren- 2 !?“ K t Ganoni'ftj and Angela de Clavafio in S”e Sacri- his Summa Angelica, Sacrilegium, derive and define 5.- S& S- idlTth * tut (? r * eglt le u>z more proper “y™- l e f tatis mtn - logy, than that of Jnnocentm the Pope, quafi Sacri ledium. Venimur. Now none of all thefe antient or modern Expofitors, de- Tertul. A po - nne Sacrilege, to be a taking away, alienating; or felling the log.adl). Gen- Lands of Bijhops, Deans, Abbots, Triors , Cathedrals, Co- tcs > & ati vents, or Chapters, never intended by the Apollle in 5 ca P u ^ thofe primitive times of the Gofpel, Jwhen the Apollles themfelves. and Evangelical Bilhops in and immediate¬ ly after their Ag e,had neither Silver nor Gold,nor Temporal Lands or Poffejsions, to take aw ay,plunder, ileal or alienate , as is evident by Afts ?• 5, 6.0.4.-34,35,37., C or. 4! 11, 12.2 Cor. 6 , 10. and other Texts , though now decry d in Preffe and Pulpit as the only Sacriledge: when none of thete other kinds of real Sacriledge are once writ or preached againft by them under the name or crime of Sacriledge ; which lavors more of Tafsion than Devotion, of P 2 Avarkc w 1 14 A (upplewental appendix to John Hus his Difputaticn. Avarice than Prudence, of Calumny then Verity , of Self intereji than Chrijh intereji. On whom we may retort that of * fertullian , in defence of the primitive Chrifti. * ,/,d fapHlan U&. & ^ipolog t%\?n7rTfup'r aiis againft the Pagans, who reputed them facrilegious »" ** TimeiinEpi- ^ or not a ^ or * n S their Idols. T antum nos quos Sacrilegos ex- fcipijthwmtcte. ijinn.it is nec in facto unquam deprehettdiSHf, nec in facrilegio. ,ia & O tunes autem qui templa defpoliant per Veosjurant,& eof- tenaSMHmum dem colunt , & Chrijliani non punt, & Sacrilegi tauten depre- guM pofsidemi‘m henduntttr. But how are they found to be fuch > to wit, ’fiipendfuqutfuf- by their facrilegious crucifying and difhonouringChrifl ficere Matt mi. through their fins, by wrefiing the Scriptures, breaking the perjiuaquibas <£*• [acred Law o\ Chnjtyby contempt of his divine M&jeflyfy Volin - Mfmjtenttndjfif xinv Godsworjhip with humane inventions, innovations* luper- ligeque fibirctr- / tttions , by buying andfelling of Or ders y BeneficeSyBiJhopnchj an ^ ^dffiajikal preferments ,, and by mifyeuding theTew- IZmUmihm foral Revenues of the Church upon their own Pomp, Luxury, nZ'nT Tfn Children, l^ves. Rimed-, which in fa] St. Bernards judge- 27 u Minifies Monk, Nunne, ( not Lay man) Clergy man, bpTTi 1 - comm ‘ cs Adultery, Fornication, Drunkennefle, or any (t™ Sent, other fin whereby he pollutes his foul or body, which aie the Tempie of God and the holy Ghoft, and Mem- bers of Chrift, to the difconor of his holy funftion, and that Chnflian Religion and holineffe he profeffeth. _ sfi'M. Whence they refoive, Omne peccatum qmd committetper - t!a'J 7, ct' 7 i' a * ^' CL ffi a fo ca > tnatenalner & quaft per accidens decitur “Wsitfl n - Sacrtkgium : unde dicit Hieronimus; Kug T,t ‘ Smilctiur, Heflienfis Smm /. j, Dr C rrmine SStiilegH, f 44?- dotes ■ Win wis uQii tcril^. »/«ri Wf Mini h>[oi riogO ira^ij M urn toiA ik 1 C* opdi: Ttpiitl m 1:1 0 V 1 %* fc* id# ti«* 0 ' <^A fupplemenld Appendix to John Hus his Difputation. 1 1 5 ik I* dot is pmt Sacrilegium. Hence Chryfologus Sernt. 26. thus determines. Ebrietm in alio crimen, in Sac t rdote XSacrile- * Haw many gium, quia alter animam fti 1 am necat vino, Sacerdos fpiritum DntnhenPriifts fanftitatis extlngmt. Salvian de Providentia 1 . 8. and [ d tren{, wvday of Bocheb’us, Sacrilegii genus eft Dei odiffi Cultores. And Pope : p j Innocentm, cited by Alexander Alenfis , Sum. Theolog. cretaEcdef.Gel- Tom. 2. queft. 171. m. 1. Quid fit Sacrtlegium, refolves, 1,0, Tit. 61.?. committunt Sacrilegium qui contra divinn legis fan&itatem , 1308. aut nefciendo committunt , aut negligendo violant & offen- dunt : which Alenfis acknovvledgeth likewife to be Sa¬ crilege. And in verity the Scripture it felf refolves no¬ thing elfe to be properly Sacrilege under the Gofpel, but the violation of the facred Law of God, by Bifhops, Minifters or Chriftians, and pointing, profaning their fouls and bodies (which are or {liould be Spiritual Tem¬ ples of God, and Members of Jefus Chrift) with groffe and fcandalous Sins , as is evident by Rom. 2. 22, 23, 24. Ihou that fayefi a man Jhould not commit adultery , doji thou. commit adultery ? then that abherreft Idols , doll thou com¬ mit SACRILEGE l Thou that matte ft thy bo aft of the Law, through breaking the Law difhonoreft thou God ? For the name of God is blafphemed among the Gentiles , thorough you. Compared with the 1 Cor. 3. 16, 17. chap. 6. 15,1 6, 17,18, 19, 20. Know ye not that ye are the Temple of God, and that the spirit of God dwelleth in you ? If any man de¬ file (or deftroy_) the Temple of God , him will God dejlroy , for the Temple of God is holy , which Temple ye are. Know ye not that your bodies are the Members of Chrift ? fhall I then take the Members of Chriji, and make them the Members of an Harlot ? God forbid. What, kpow ye not that he which is joynedto an- Harlot is one body ? for two (faith he ) fhall be one fi fh. But he that is joyned unto the Lord is one Spirit. Flee rjFomicaxion : he that committeth Fornication , finnetb againji his own body. What, know ye not that your body is the 1 empie of the Holy Ghoji which is inyou, which ye have of Gid, and, ye are not your own? For ye are bought with a price: therefore glorifie God in your body and in your [pint, which are Gods. Since then every violation of Gods (acred Law, and pol¬ lution of our fouls and bodies, by Fornication, Drun- kenneffe, and other fcandalous fias, is the only form a! _ J ~v* O' lit a fuppUmental Appendix to John Hus hu Difputatian, and proper fin oi Sacrilege, by the resolution of Canottijh, Cafuijis , Scholemen , Fathers , and God himfelf intheGofi pel. And ifas [_g j St. Jerome,Bernard[h~\ Alenfts, & others g in Rm. z, deter mine, thole Bi (hops and Church men, fotacttlegium and i cor. n . ^ofpito committunt, do venly commit Sacrilege, who olfgUps L«' take the R - evenucs and Lands of the Church, gi ft given 171. m. i.'p. inFrankalmoigne, to feed and relieve the poor and per- 770. vert them to lupport their own Pomp,Luxury,Avarice, i Raymundiu, or to enrich themfelvcs, their Children, Kindred or ^Atfelka" 1 ' Lofte/ities; I wonder our Bilhops and Cathedral men, TummaRoMa aicfo mute ' m declaiming, preaching, printing againil Aquinas, Tit. ’ thefe real Sacrileges in themfelves, and fo Clamorous Sacrileghm , only againft that which really is no Sacrilege in others. Glojf.in Grattan ^ly. p he[i]Canonifts and [k} Scholemen do generally kPetruiLew?' de ^ ne Sacrilege to be committed 3. manner of waies. 1. bardm Sent 1 'l. Ratione perfona, as if any Layman lay violent hands up- 3. Min#*7. on, hurt, wound, ftrike or abufe any Ecclefia/fical or Bimtyentura, Religious perfon, ("and why not likewile upon any King, JEgidiut, Bru. or piousChriftian, if Pfal. 105.14, 15 .Zech. 2.8. beCa- in2.‘sent!dift nouical » on w h° m Popes, Prelates can lay violent hands, ir. Aquinas fe- dethrone, murder, without any Sacrilege ?) 2\y.Rations tmd*fecund*, loci, as when any [ 1 ] Civil Magiftrate or other Officer qu.fo.Alex takes a Thief, Murderer, Traytor, Rebell, Fugitive, ‘t l , en ‘! s Malefaftor, or perton indebted, out of a Church, Chap- 1 71. mfi. 1 Churchyard, Monaftery, or other Sanftuary, confe- crated by_a Bifhop, by force, without or againft theBi- 1 Menfis, Sum {hops. Abbots, Ordinaries or Parfons confent, ( and why T,;e l. pus t. q. noc as we [{ out Q { an y Xenement, Glibe, Houfe, or other sVaikgium.'efl Lands belonging to Bifhops or Church-men, or out of contra imm'uni- ati y Hofpitals, Colleges, Scholes, dedicated to pious tattm Ecdefia tires'? ) jly. Rations rei, which is threefold. 1. Auftren - extra here alt■ do facrura de facro, by taking afaered thing out of a (acred lumcmhUad p!ace ’ as confecrated Priefto, Nuns, Veflels,Veftments,U* MftdumEccle- tenfifcjOrnaments, otic of a confecrated Church,Chaple, pi in peruuh. San&uary or Churchyard. 2ly. Auferendo non facrumde facro, by taking things not confecrated, as Money, Plate, Goods, Armour, Amunition, Cattle, hid or laid up in Churches,Chaples,Chuchyards,Monafteries,Sanftuaries tar Malefaftors out of them, or taking away any Goods, Monies, Chatties from Church men or Religious per- fons. \ if* lofCia Kimiit ooriaj ntin^, )Cb Jf WIJl® ills >(** Mu 1,011 Jtof :J' f A fnpplemental Appendix to JohnHus his Disputation* 1 *7 doja :ofs* «ri. ait 0^ iite ditk fons. gly. Auferendo facrvm de non facro, by taking any Perfon or things confecrated by aBifhop out of a pro- * See Ontu Ec- phane place though a Brothel, Tavern, Alehoufe, Inne, ^ /kin c f which confecrated Prelates, Priefts, Monks, overmuch E ' n s Vot# . freequented of late and [ mj former times, as well in ries, CUudim England, as in forein parts. Nowall thee Sacrileges as Ejfencs m de they have no real ground or foundation in Gods word, C ontinentia tending only to fecure the pciTons, goods of Prelates, Church men, and ocher Ecclefiaitical per tons, and all deV'v kinds of Tray tors, Malefactors, Debtors, Bankrupts, ,jj Eantipcum- Cheates, flying unto them and their Churches for Satiftuary, and hiding their Goods within their pre- m Gul ttubri’ cinfts, to proteft them from the Kings and Civil Ma- ^Smt'l’a^'s gift 1 ates power, Laws, Officers, Executions, as our own c p l 3 ' 66 ‘ [n] Hiftories, Statutes and Law-books relolve, in the 574.375,830* leveral cafes of Thomas Bed^t Archbilhop of Canterbury, 1,834. Mat. Hubert de Bur go Earl of Kent, John Savage, and fundry WeJt.An.i2i2. others, (See 50E. 3 c. 6 . 2 R. 2. c. 3. 21 H. 8.c. 2,7.4 p * . H 8.C.2.26H 8.C.13.28H. 8.0.7,13.32 H.S. c. 12, ^ ? 15. 2 E. 6 c. 2, 13.1 and 2 Philip and Mary c. 4. x Mary ^r a ifi„ L b. ffjff- c. 6.5 Eliz.c. io, 14, ip, 20. 13 E liz. c. 7.14 Eliz. c. <5. Angl.p.x ><>, 18'E liz. c. 3. Kelway f. 91, 188, 190. 1 H- 7, ic, 23, 29. *inut.Otis Stamford 1 . 2. c. 38, 39. Broo(,and A(h Title SanUuary. ) ™./. »> 9 > So the bare alienation or ablation ofBifhops, Abbots and ^ So$^o\, Cathedral mens Lands, by our Kings, Parliaments, or 6o6 ^ oS(< UX fCn Clergy men themfeives, fall neither w ithin the words, Holinflud, pi nor intention of any of thefe Sacrileges, extending onl j to 420. 21^47*, [d]f acred per fons Goods and Chattels, not tothefaleof Man- nors,Lands,Tenements P«.ents, Tempoialties of Church- ^* 5 29 j* a ^ men, which is no Sacrilege, either within the Canonifts n See vdchellw or SchoJemens definition or divifion ofSacrilege. Decret . Ecrfef. 4ly.That[p ~]Hofiienfis and other Canonijis cited by him. Gal l.S.Tit 61. inform ns, That whoever doth any injury to Ecclefi- aftical perfon*, commits Sacrilege ; and not only fo, but a lnisThie,l°& that it is Sacrilege jypr any man to queftion or difpute t b e Glof e i„ the Judgement or Decrees of the Pope, or to tranfgreffe, Graiianxauf. 17 dif-refpe£f any pnbiick Laws,not to yield due reveience ?«*4 Samlegn. to the Popes or Bifhops Canons, to violate an Holy-day, nu Cmfcti toimploy a Jew in any Office, or to oppreffe any pious t itJa will provjj le f de Stratum, old, yea of fome late HI fruits both inA? °J 7jfittarum,Ai>. Spain, as well as of John WicUiff John Hm •* 4o. fore-cited Protcfta.itt>ivines and Martyrs 0t ^ 40 55 ‘ in Judgement with them. MartyrS ’ concurnn S finis. ERRATA at thel>rdfo . PUn£iu ' p- 4 9. 1. iPdomiJi. p. 50 4 T ,* 2 /5‘ S “ rre % ors ' P- 4 -' hi 9 . mumcatt. p .6 S . Li. Lord, p. 6r .1 ti excm ~ r ‘fans p 9i.l. # .mo(l f r.},ff V‘ j 4- Officer?, t™?’ p >03. 1. a.jr^. j a 6 94.!. is.im- covfentientes. p. lor I ' fpirhuJil.'^i^fd 15 ‘ !■**' L '• r \ Margin, p. 4 g, ) t9 7 ‘ f ' E ^ ward 6, r. Henry. p. 6 j. *■«««». P. 84 .1 .21 .P«/«n. * 1 20, r ' Gtyfcrwi Cl THE FIRST PART OF AN HISTORICAL COLLECTION OF, THE ANCIENT PARLIAMENTS O f England, From theyeerof our Lord 673, till the end of King $ o H N.’s Keign, Amo 1216. Wherein is clearly demonftrated by Hiftories and Records bejopd contradittion y That The Ancient Parliaments , an d'Great Conncels of England, during all this trad: of time, and many, yeers after, were conftituted, and confiftedonelyof our KING9 PRINCES, DUKES, EARLS, NOBLES, BARON'', SPIRI¬ TUAL and TEMPORAL LORDS,and thofe we now ufuallv fti£ THE HOUSE OF PEERS; andthat both the L 2 GIS- ^ LATIVE and JUDICIAL POWER OF OUR PARLIAMENTS refided ONLIY IN THEM; without any ^nights. Citizens, Surgefes of Parlia¬ ment, or Commons Hous e, not knovvne, nor heard of, till of punier times then thefe. Pub lifted. To inform the Ignorance, and check the infolcnt Ufitr- fations of thofe FEW COMMONERS, who now call them- felves not only The COMMONS HOUSE, But PARLIAMENT . of England-, 2 nd (as much as in them lies) have moll unjuftly excluded both our KING and LORDS from bein®aiiv ’ MEMBERS, or BRANCHES OF OUR LATE, OR FUTURE PARLIAMENTS. By y\ ILLIAM PRYNNE ef Swainfveick^, ‘ Efquirg* Pro 1 z&b'R'mmtnotjhe ancient Landynark which thy Fathers havefet. Grat.Oaaf.zy.Quarlt.z. Etia/n qitodhabuit amittat.qui qvodnon accepit.ufurpit. LONDON, Printed for Hebert ftodges. 1649. the first fart OF AN Hiftorieall Colie&ion of the ancient Par li a men t s of England. T H cgrojfe Ignorance of the ancient confiitution of our EngliJJ, Parliaments, and fanatick^dream of A Supreme Parliamentary and abflute Legiftative Authority in THE HOUSE OF COMMONS ALONE (yea m a meet R EMN A N T of it, after its dilution by the Kings beheading) firftbroached by Lilburn, Overton, and theiv Levelling party, who firft fuftered under, and now moft inveigh againft that USURPED, EXORBITANT POWER • being, in my apprehenfion, (next to Gods wrath for our fins) the principal ground-work of all chelate unparalleld, infoient (that I fay not monftroui and brutijh) proceedings, againft the late and prefent King, the Heufe of Peers,and feduded Mawri- ty of the late Commons Houfe ,by the Army , and thofe who now prefume to entitle chetnfelves THE PARLIAMENT OF E N G L A N D, and by pretext thereof obtrude what Alls and Taxes they pleaie upon the people, to enflave them to their new erected SOVER AIGN TYRANNY, to the hazard of our a wgdoms, and of Parliaments themfelves; I conceived, I could not do a more acceptable fervice to God, the Kingdom, or this new INS AN UM PARLIAMENT UM of NOVICES 1 N PARLIAMEN TARY AFFAIRS, (to reduce them to their right vnts again (being more then BEDLAM MAD, as their Acts and ABions teftifie) then to fpend fome vacant Hours in gathering into one or two fmall Bundles the fcattered Hiftories a nd Records of our ancient eft Parliaments and Great Councils, (whieh ar t fir angers and unknown to moft) to inftruft their Jg- A 2 mrance * ( 4 ) „) G ration b ) Pro.i<5.i8. Dan-4* 37 • r) Gen 3. J. norance, check their Arrogance , reftifie their prefumptuous Sxor- bitances, and reftore our Parliaments to their ancient conftitu- tion, fplendor, honour, limits, and preferve them from utter abolition for the future, through the over-fwelling Greatneffe, and unfufferable Zlfurpat ions upon King, Lords, Commons and Kingdom by thofe now fitting and acting alone, beyond and a- gainft all Parliamentary precedents informer ages, totheafto* nifhment of the prefenr, and wonder of fucceeding times. It is a rule in the Canon Law, a Privilegium meretur n ° r , the ,caft of authority from God or Man, _K.ng or people, or any reall priviledges or confti- ^ '° ^ thdr ,ate P^edings in the clrt!f €th °i 1 ° bf T in thefc ColleEiions, is only Chronological , according to their refpedive Antiquities begin¬ ning with the Re.gns of and Kentmn, Anno D omZi al! ? the n fm endin f mthKtn & 1 ° A hn \ ■ containing in , the fpace of 5:43 years ; during which large proportion of time (and many yeers after) our Parliaments were conllituted bt BARONr ^-'**%*> Dukes, Earls, No- 04 Wes, BARONS, SprntuallandTemporall Lords, and thofe who S39r ft,, ^ the H ™ SE ° E * EE ™, without Kmghts of Shires, Citizens, Burgejfes eledted by the people a*s their Representatives, or any Houle of Commons, not known rtemfeRlthey 11 ^ ddert j, meSj thou 8 h Aofe who now Rile themfelves the Commons, endeavour to cafhier both Kino and bers ^ / ? ur/>arIia ments 3 contrary to our Uws, Statutes, Oathes , and folemn League and Covenant and hepradiceofallformer ages; at whofe Doors and Barr them- e ves have waited, and Rood bare upon all occafions, till within -he,c few months, as their profefled Superiours, and the onely A 3 Judges i (4) (a) Mat .Weft. An. 673. p. 235.Hdit.L0n- dini 1^70. Florent. Wi* gornicnfis An. 673 - (/;) Spelmanni Concil.tom. i. p. 189, 191, (c) Ant. Ec- n.Dom. 673-Theodor. Archbifh. of Canterbury aflembled a Parliamentary Councel at Here forty prafentibus EPISCOPIS ANGLldv^AC REGIBUS ( Eafewin and Kentmn)tc MAG- NATIBUS UNIVERSIS, all the Bifliops of England, and the Kings, and all the Nobles being prefent; but not any Knight?, Citizens, Burgeiles,or Commons that we read of. (b) An. 69 4. there was Magnum fi»tcilium ) 3.gre&t Councel (or Parliament) held ztTecaneeld, in which IVithred King of Kent fate Prefident, nee non Bertuvaldo reverendiflimo Archie- pifcopo Brittannias, fimulque Tobia Epifcopo RoffenftsEcclefe, c.tteriscjue Abbatibut, Abbaticls, 'I resbyterii,E)iaconibus, DU* C 1 BUS, SATRAPIS in mum glomeratts ; paritertrattanns, anxi'e examinantes, de fiatu Ecc/efarum Dei,8cc. Butwehnde no Knights nor Burgefles prefent among them. . (c ) An. 710, (or neer that yeer^ there was a Councell held at JVv. cefier by Pope Confantines advice, at the defirc of Em* Bifhop of tForceftcr, non Rtlgioforum mo Jo, fed etiam REGNI rivOCERUM; but without any Commons. , (d) An. Dorn. 747. in the Councel of Clyff there were prelent, befides the Bifhopt and many Priefts and Ecclefiaftical Perfons, tAEtbelbaldsu King of Mercians cum QMNlBUSREGNl SUl PRINCIPIBUS '& DUCIBUS j but not one Knight or Bur- gelfe mentioned by Hiftorians. (e) An. 787. in the Councel of Colchuth, confifting of two Sefllons ; the Eirft, coram Alftooldo Northumhymbrorum RE- GE, & MAGNAT'IBUS SUlS- affiientibus vero EanbalJoEk- racenfi A'chtepifcopo, exterifq; illiuf Provine ia Epifcopu. The le- cond, Rderciorum, coram Off a RECE ibidem, & SU.IS MAGNA* TIBUS,e 2 - jam ajjidentibuf fambertho Cantuaria Archiepfcofops- terifque fua Provincia Epifcopis ; we meet with none but tbele Kings, their Nobles, Archbifhops and Bifhops prefent. Co«v‘‘ rnrunt OMNES PRlNClPES REGlONIS TAM ECCLE 4 ; • • ASTiCI O) ■ t ASTICI QlJAM SECULARES, but no Knights nor Burgeifes at all. In this Councell (no other but a a Parliament, totfhkh the Kings Archbi/hops, Biihops, Abbots,Dukes and Earles, fub- lit! lcribed their names ) cap.12. Ds Ordtnatione & honore revum • there is this notable Canon againft killing and putting Kings to { 4 l eath : , ntcem R egit,nemo commanicare audeat, quia Chri/lut ft f : ft?™ tdifcehri adbafrit, fi Epifcopus efl, ant: \\\ U w ex SaccrdataU gradu, ex tpfo dttruiatur, & a fan El a htredi-. h tat ‘dfCtatur,ficnt luda* ah Apofiolicogradu defeElut efl; & omnia l ati J acrtl *l t0 a Jf et} f e rtty aterno anathematia vinculo inte- ■ ribity & ftifa; tradttori fociat h t, fempiternit cremabitur incendiu ut fcnptnmejl : Non folum qui faciunt, fed & r ju i confentiunt fad- .entibus, judicium Dei non effugiunt. Duo namcj- Eunuchi Afue- ■rum Regem mt erf cere cupientes, in patibulum fufpenfi funt. Ani- Wrwm; e/uidfecerit David prafeElo, cum ei Dominus dixerit, E- / A ; t,o tradam Saul in manus tuas ; eum invenit dormientem, e~ 0 M' 't$-> m*C| '■kortattu a mihte at occideret eum , dixit. Abut a me peccatum Q * l i r ‘ * J ut extendam manu meam in Chriftum Domini. Ilium autem mill- T tern qtu p 0 f mortem ejus vemt ad eum, protefa ns tjuod ipfe occiderat haul capite truncavit : & reputatum ef ei adjuflitiam, & femini f]tts pof eum.txsmplu namejue apud not fape prob.iturn ef quod, ejmeunque tnternecionis Dommorumfuerefnfpatio vitam finierunt, >k3r utroquepure ca y uerunt. a ?. in S °fi held a Gouncel at Verolam ,with cScfuTil 'frvn^fDCT?T^^ SSuffraganS ’ ^ PRIMATIBUS S UIS P S ' ! iiUNIVERSIS^wherein this King SVORVM MAGNAT.VM Sana acqmefcens conflio, ? rtfcnt\y took a painfull and cofHv jour¬ ney to Rome. 1 3 '4* King Off a after his,re turn from Rome celebrated 0)SpeIimnr^ 0 o «>! °ivn UnCe S * , e one at Celchjtle, where Were preftnt, 9 Kings < -' onc ifp. $i !il b Blfll ®P s > and 20- Dukes ( but no Houfe of Commons ) The’ JI4 * Other at Verolam, confifting only of Bi,drops and Nobles. Con- ■regato apud Vtrolamium EP1SC0P0RVM & OPTIMA - [I xsJAl Concilia* w?rh Ab0Ut k the ? eer 796 Kin § of fPefifix ,held a Com* M^ul'pk /wherein he writes to Lull™ Bifhop of Mentz, touching mat- llz >M,seidm (iJAa. AS ViV rvii COSpelmaniJ * 'W: (8; ' v 'Ji (i) An. Dorn. 800. Kennlf King of Mercians called to the (7) Spelman. Councell of Clovefha all the BISHOPS ofhis Kingdome, On. C 0 ncilyv 5 i8. G£S & Abbates^&CVjZ/SCVNgVE DIGNITATIS VI- dc^cftisRe- EOS, wherein the King E PJSCOPIS, ‘DVClBVS&m- gum Angl.l.i. ni fub noHriditione DIGNITATIS GRADZJ , writ a Letter cap. 4 . to Pope Leo the 5. about Church affaires therein concluded, where there is no mention of any Commons. (k)Spelman. (k) An. 816. in the Counsel of Celicbyth , tVufrcd Archbi- Concil p. j 18, (hop, with .divers other Bifbops were prefent, fo was Ceemlf King of Merci* cum fuis PRINClP IBZlS, DZdCIBV S, & OPT I MAT I BUS, but not a fy liable ofhis Commons,Knight?, or Surgefles prefence. (A Spclmin ( 1 ) About the year 822. in the Counctl of Clovefka , wherein Concil.p. 335. BeormlfKing of Mercians fate Prefident, Wutfrid Archbifbop JJ4- with the reft of the BiiKops and Abbots O MN1V MffUl DIGNITATVM OTT 1 MATIBVS , ECCLESIASTIC A- 2 RVMfcil. & SECVLA(UZJM PERSONAKVM were pre¬ fent, but no Knights of Counties nor Burgeffes : And An.Om. * 824. there was another Councel held under the fame King it the fame place : Afftdentibus EPISCOP 1 S, ABBATIBVS,& PRINCIP1BVSMerciorum VNIVERSIS : but no Commons for ought appears ; the King, Archbifhop, Bifhops and Dukes fubferibing their names to the Decrees there made,but noKnight nor Burgefle. (m) Ingulphi (m) An. 823. There was Concilium Pan-Anglicum, a Parlia- Hiit. p. 855. ment or Councel ofall England celebrated at London,prafmifa Spelman Con- Egi-erto REGE Weft-Saxoniae, & fVetblufio REGE Merciorum, cil.p. 336. u trcque ARCHlEPISCOPO, c&tcriscjue Anglia Epifcopu & MAGNAriBVS,vjho fubfcribedit. (n)An.Dom. 83 8.1 read of Concilium Pan-Anglic unra. Counce! (») Spelman or Parliament ofall Englandhz\ ' was ti was now again refetled and confirmed to that Church by King ** Egbert, and his Son A the l wolf confentientibus demuvs MAGN A- ; TIBVS. A clear evidence of the Noble-mens Negative voice * in Parliaments to hinder the King from difpofing any Lands of ii the Crown to pious or other ufes without their COnfents in Par¬ liament, where we finde not a word of the Commons or of their alfent or dilfent in that age. (o') Ah. Chrifii 850. There was a C ouncel kept at Benningdon, s . d FRoEIATIS ET PROCERIBVS Regni Mercia under Concil.p.344 King Bertulphs where Lands were fetled and confirmed on the I Abbie of Crowlatid, by the King, Bifhops and Nobles, without the affentor mention of any Commons. , (p) An. Dow. 851. There was a Cottncel held at Kingsbury, (p \ Sp e ima n ; under King Bertulph\ prafentibus Ceolnotho ARCHlEp 1SGOPO Concil.p.344. , Dorobernia, cgteriscjne Regni Mercia EP1SCOP1S dr MAG- l NAriBVS;( without Knights or Burgeffes) which fetled the „ affaires of the Realm, and confirmed this Kings ample Charter , 1 to the Abbey of Crowland, fubfcribed by the King, Archbifliop, ■' Bifhops, Abbots, Dukes and Earles. (f ) An. 855 . There was a Parliament or Councel of all ( q ) MilmesR . England held at tVinchefter,wberCtAitbelWolfKmgo{ JVeft-f ex, de GtftisRe- I Beorred King of Mercia, and Edmund King of Eaftfex werepre- g um Angl.l , font, together with the Archbifhops of Canterbury and Tor^ca- "m lp .u‘ terisqne Anglia Epifcopis dr Magnatibus, wherein King tyEtlel- w e ft m Xino voolf,omnium PReAL LATORVM AC PR1NC1PVM SVO- Wigorni- RV M gratuito conjilio : (without any Knights or Burgefles cnfis An.85y. ■ there expreifed ) gave the tithes of all the lands and goods Within s P e * ma n Corn- his Dominions to god and the Church, there R.i\ed,Conciliam fa- labre, which hath continued ever fince in force till now. Honor !p *2.° About the yeer of our Lord 9 )c+Kmgv/£thelJlan by his Char- cap. 5. f c a, v JS if reel forfwearing himfelf before the Altar of Saint Peter at r Rowe in the prefence of Pope John, and there falling down dead \ as foon as he had forfworn himfelf, and dying within three daies after ; the .Pope thereupon fent to King Etheeflan, toadvife him what he Ihould doe with his body, and whether he fhould be buried with other Chriftians ? Whereupon OPT IMA I Eg REG ION/S NO ST RzAL humbly defired of the King, that he might have Chriftian buriall. which he aflented to; the Nobles only being then the only great Councel of the Kingdom, affem. bled ( it fee ms) upon thisoccafion to advifethe King what An. fwer to return to the Pope concerning Eljreds buriall, whofe lands they then adjudged to be forfeited to the King for his Treafon againll: himtn his life time, in tndtkvouring to difinberit him of loti C^owr, and to imprifon and put out his eyes. tt Wil Malmsb. * Anno Dorn. <544. [ndtcEi. King Edmund granted many hrge de G> ft Reg- Liberties and the Mannor of Glafierbury to the Abbie thereof, Angl. I.2.C.7. by his Charter ( made it feems in Parliament as moft of fuch P- 53 , 54 - Charters were) which begins thus: In nomine Dcmim, &c. Ett Edmundus R< x Anglorum cattrarttmetjue Gentium gubtrnator at ReElor, CVM CONSILIO ET CONSENSV OPTIMA- TV M MEOFZIM, concede Ecclefta SanLla Dei Genitricit Maria Cjlafhnie &c. A clear evidence that the Nobles in that age were the Kings great Counfell and Parliament with¬ out any Knights , Cit zens or Burgefles; of which we rinde no mention in Charters or Storie. (r) Tngulphi (r) tsin 948 . There was a Parliament or Councel held at ' Hiftor. p. 874. London under KingE^i?4on the Fealt of the Nativity of the Spelman.Con. Virgin Miry, cum univnfi MAGNATES REGNl per R omm Mr./fWrti/ 4 Ti- fummeniti tarn A ' hi pif opt & Epifcopi & A Mates, ties' of Honor, f c*teri totim Regm PROCERES ET OPTlMATES Lon- par.2. ch. 5. doni convent fint, adtratlandum de n {rattle publicis tottus Reoni y P- 6 i 3 - Where we read of no Knights, Citizens or Burgefles, but only of Archbifhops, Bifhops, Abbots, and all the Nobility of the (x)Malmsb.de band fummpned to this famous Parliament, to confulc of the Gcftis Keg. publike affaires of the whole Kiggdome. Angl .]. i.cap.S A no 965. ( fo Mdmsbstry. dr 970. So Spelman' King Edgar ? (ASoelman ca ^ e< * 3 ^°^ nce i a£ London, where himfelf, his Mother, C/itofis Concil.p.Aj ?, Succeflor, the King of Scots , the Admiral \ Mufcufito , both the Arch- . f IT) / c ; ' Archbifhops, * &c. till they had miferably fpoiled, enflaved and conquered the Kingdom; and what par¬ ticular judgements befell the cheife Authors of his murther , you may read in (x) Match. H'eftminfter and others. God of his infinite mercy now prevent the like Nationall judgement upon *) A «no 97^, us, for the like perfidious prailice and bloodfbed towards our B 2 King, * c (12) King, againftour publike faith. Oaths, Covenants and Engage. ()) Spclmin Concil. p-5>o> 5«3>525 j 5 2 9- Brampton Hift. Journall M. S. p. 77 , 78 . Mr. Seldens Titles of Ho¬ nor .part, i.c.y. P « 6 34- See William Malmsb. de Geftis Reg. Angl.l.i. c. 1 . pag. 8 r, 8 :. ments. ( y ) Anno Cbrifli loop, by King Etbelrtdt Ediift uviverfi An. ghrum OPTIMATES diefantto Pentecofies ad locum ab indig nit Eanham nominatum, acciti funt convenire , where they debated and decreed many things touching the Reformation of the Church and Gods worfliip, and of the Common wealth ; which Generali Councel Sir Henry Spelman allures us was no other but a Parliament being fummoned by the Kings Writ, and deter¬ mining of State Affaires as well as Ecclejiaflicall waiters. Ad¬ ding, that it was tne ancient cttftome of our Kings, at the Fuji of the Nativity and at Easier to call together Proceres utriulque ordinis, the Peers of both Orders ( Eccleliafticall and Temporal, not the Commons ) both to adorn their Royall State, & cmfilu regni inemda to their Parliaments. So as the Lords Spiritual and Temporall in thofc ancient times , were the only Parliament and great Councel of the Kingdome, without any'fZ nights of Shires, or Eurgeffes of Parliament, not known nor heard of in that and former ages for any thing clearly appearing inHiftories or Re¬ cords. (*) Anno 1052. Earl Godwin having had a Triall GORAM PKOCERIBVS REGNI, before the Peers of the Realm touching the death of Alfred under King Hardicnut , and flying out of the Realm, and afterwards returning in hope of King Ed- ward the Confdfors favour, he follicited the Lords to intercede for him to the King, when the Parliament fate at London, Rtx & OMNES REGNI MAGNATES ad PARLIAMENTS tstnc fuerunt : The King as foon as he fawhim called him Trai- tor.and appeached him,that he had traiteroully {lain his Brother Alfred ; which he denying and putting himfelf upon the confide- ration ( or triall) of the Court, The King thereupon laid,£/<*■ rijfimi DOMINI COMITES ET BARONES terr* qai t$ homines mei ligii modo hie congregati, & appellum meuntj ttfpw famque Gcdwini audifiis^volo cjmd inter NOS in iff a appeKatiotf re Slum indicium aecernatis)& debitum juftitiam faciatis* COMI* TIBUS verb & BARONIBUS fuper hoc ad invicem traEanth bus, after much debate refplved to prefent the King withas much gold and filver as they could carry between their arm« tC be! Illfe » in this Kings Reign,Tto be but a forgery.) Thefe 27 Councels and Parliaments Mott William the Conquerors Reign (beildes others which might be added) being made up and confiftin* only of Kings, and their Spirituall and Temporall Lords and Nobles, and enadmg Laws, Canons for the Reformation and. Government both of Church and State, without any Knights Citizens or Burgefles fummoned to aflift or advifewith them* or concurrent alfents to ratifie what they enaded or or’ dered. To thefe I fhall annex fome pregnant Precedents, both in and lince the Conquer ours Reign, or Parliaments confining of the King, and his Spiritual! and Temporal Lords, and making and enading Lawes and Statutes without the Commons pre¬ fence or confent: fome few of them now prefuming to arrogate > to thcmfelves the foie power and title of the Parliament in land, and abfolute Legiflative power without the King or Lord^ without and againft all precedents in former ages. ^™? T C T the yCar ° f0Ur Lord 1060 Kin § Edward the ronfefTor CONSILI O BARON VUJuorum, Legem* 67. annis fopitam excitavit, excitatam reparavit, reparatam decor avit, decor at am conprmavit , & ctnfirmata vocata eft Lex SanIL Petris ED¬ WARD I, as the Manufcript Authour of the ancient Chronicle °f r * Ad Eadmc- xheriim Not#. p.171. a) Hoveden. Annai. pars 1. pag. 600.601. M. Seldens Ti¬ tles of Honor, par. 2.c.$. 20. p. 701. & Noras ad Ead* merutn p. 171. See, Spelmav* Concii. p.619. b ) Annai. pars Poft.p.do®, ' V) Miu^Parti in Hen.i.p.53 Edic.Tiguri. »Xj8y. • A,) Wigomenfis .An 1070 .Mat, Poft C onqueftum, hath this exprelTion ; Hie intimatur quid IVilliehnut Bex Anglo, am Cum PRINCIPIBVS SVIS CONSTITVIT, pofi cmcjtu- fitioHcm Anglia : And King c Henry the Firft, in his Laws u- feth this exprelTion, Legem Regis Edwardi volusreddo cum ti¬ lts emendationibus, quibm Tater mem earn emendavit CON• SILIO B ARO NV M SVORVM: a deer evidence and. proof, that the King, and his Nobles and Barons alone, weie the onely Parliament and Legiflators in thofe dayes; without any Knights, Burgefles or Commons. d An. 1070. In a Parliament or Councel held at Tedreda- the controverfie between Thomas Archbifhdp of York, and Cl- ftan Biihop of Worcefter touching certain Lands, was deter¬ mined quietly in ( oncilio celebrato coram REGE dr Doreber- nenf. atque FRIMATIBVS TOTIVS REG N I ADfV- PICANTIBVS, terminata eft, as JVigornienfis and Matthew Paris ceftifie. i .... ■■ e) Eadmer.Hift. c An. 1071. In the firft year of King William thehrlt ms No:/, l.i.pag.9. Reign at Pinnedene there was held P RIN CIPVM CON- Seldom Notx f/ENTVS, anaflembly of the Nobles (or Parliament) by the 3d Eadwr.p. Kin g s comman d, wherein the controverfie between Lanfra « 1 ’sVlliufHon. arch-Bifhop of Canterbury, and Odo Earl ol Kent, concerning I p 70a. divers Lands and Manners belonging to the church of Canter¬ bury was determined: which the King when he heard, com- mended; Laudans (fVM (fONSENSV OMNlId \ TRINCIPVM SVORVM CONFIRMJfJT, &c. ft™ bang ( T J ) *■_ King, Spiritual! and Tempora l I Lords and Barons ( without any Knight?, Burgelfes or Gommonsforoughtisrecordedinour Hiftorics) being then the Parliament, and they the ( f) COM- (f)Sdd .Nora MUNE CONSILIUM TOlIUoREGNi NOSTRl m fn- sde ^"'. tioned in his Laws. ’ P* 1*0,191. About the fame time this King William sommended and eor- (g )zRhh. 2 ; rected the Epifcopall and Ec l (ifiUcati L*t»t of the Realm,( q ) membr. i 2 . CO wMVNI CONC1 HO & confilio ARCHJEPISCO- nu - 5 «M/ No- BVM & VPir.C^»0 , tVM& ABBAtVMct* tx ad Eadm * £)mnhtm pjtntfpant lRegnt me* emended** Judicavit^s is ma - p * l67,u3 ‘ nifeft by his Rescript to R m>^tus Bifhop of Lincoln 5 And in , tti t Libel exhibited by the Clergy to King Ed»*rd the firft in k Parliament, there is tins Recitall of this act of Reformation •> — . ivciuruiacion * Jl, r ,dnm Rex An § ,j * de COMM UNI C ON- C 1 LIO ARCHlEPixCO* ORUM, ABBATUM & OMNI- T T\.f O'JAGCDttu _ . V UM IWOCEROM REGNI SUI ,J, e « E,ir,o,.l.,, aTL OCYIP Wf. L r.ftviAu ~ _ ' . r . •* AM a ' r , ~ jzptitonaiej, non . **r fecmfam fiM&xm canoncw pwe.pt william Rufus (ann. 103 5) at p’^ c °” our > the 1 Zf (I<5) the inftance ofarch-Bifhop Anfelm to end the cowreverfies be- tween the King and him, there was a Parliament fummoned at ZZtL Caftle, quJtenus WltM M qtj0 Kegnf pjfntfpJOtere 0 m unum prtcem fui fanttione eoijfet, & diffofitts qua adjurations tllorum cauflt fuerant* writes Eahmerns ; Anfelmc renewed his tequeffe to the King:where Rex gplfcOpf & ^Wnctpes,^ ©Ufqoe f ^OcerCS, are brought in as the only Members of, and adlors in that Parlia¬ ment, without any Commons at all. . . tmw , p„.-« 1 Anno Dorn, noo William Rufat dying without lflue, and V fit; seld. Robert his elder brother being abfent, Henrj the Ftrfi teas cho- C,n and cmd K»l Clero & («<»> hr * p. 701.703. Clergy and all the Nobles, upon condition that he jhouldWmnflj .rant, and by his charter confirm thofe Liberties and ancient w- %omes , Which flourifhed in the Kingdom in the time of Saint Ed¬ ward the Kino : which he did accordingly, reciting in his Char¬ ter ; Sciatisfme Dei Mifericordia, & COTWntmf COnfiNo©* w'JEadm.Hift. j-gittim TR.Z$\i Regem ejfe coronatum. For eft as C OrttmURf Nov 1.3.0.67. glo Baronitm ^eojum inmanu me a retinu'h & Legem Ileg>$ Will. Malmef. Edwardi vob „ reddo> cum i//iS emendationibm quibus rater m» Si* 1.7 p earn emendavit ConfiltOHBarontJtn &H0Jum; Hi* tejhbus Ar¬ al Hoved. chiepifeopis, Epifcopis, Comtttbu0,JI5ar©nU>u0, fltecaimtibM Anml. pais I, qJ. £>BttmatfbU 0 tOtlO 0 Kegnt iAnglU , quando coronatw p 469. Matth. fa' . ^ ft 2 m ;^T, 0 m Ann. Bom. 1102. in the third year of King Henrj the Anti.q. Ecclef! fir ft, there was a Councel held at Weftminfter. Huic conv *fl l ‘ Brit. pag. 104. tui affuerunt Anfelmo Archtepi/copo petente a Rege loS.Seld.Tit. : quatenus quicquid e'wfdem (foncilii autheritate dectr- of Hon p 70J. nerem ( 17 ) 4 neretttr ®fritlfqtie £D}6fnfS concordi cur a & folkitudixe ratum fervaretur , write Eadmerm and Malmejlury in the felf-fame words. In this Councel divers canons were made and published Common! conCenfu Cptfcopoium & 0bbatum, & $%intU pom fotfus IRegnf : pjtnctpea Regni fui £)mnes tam Eccle- Jtafici, quam fectulattS aDjOtntS, were prefent with the King in this Councel, writes Hoveden. " Anno Dow. 11 06. King Henry the fir ft, ^aglteftbu® Regni „v Math Pa • oh hoc Londonium EdiFlo Regio convocatu, made a flattering Hift. Andije ' Speech unto them, promifing to ratifie King Edwards Laws,both p. j?. ® by his Charter and Oath if they defired it ,16 as they would affift him againfl: his Brother Robert and the Normans, which they did. 0 Anno 1107. There was another Parliament and Councel held at London under this King. FaFhu eji Gonventus 0 ptfco= o)Math. Paris. po?om & Hbbatam par iter & ^agnalon* ( or l^ocerum p- ^o.Eadmc- ILCljnt, as Eadmtrus ) Londoniu in Palatio Regis, Wherein there rus Nov. was an accord made between the King and Jnfelm, touching in- u 4 f’a 1 ’ a veftitures of Bifhops , per concilium Anflmi & proceruttl n.iLpars'i. p! 1 ivrgnt* In this Councel Anfelm, coram IRpgc, IRegntque 471. Ptfcopto & P;(ncfplbtt 3 exacted obedience and fubfedion from Archbifhop of ?V*. X„,,i p^,. p Anno 1108. to redrefle the incontinency of Priefts, King Hen- p-47^. rj the firft, adunatis ad curiamfuam in (oleunitate Pentccofies a- El ^ mcr Hift. fud Londonium CUttCtfB ^afOJtbUS IRCgnf, de negotio cum An- Nov - 1 ' 4 -p ? 4 , felmo drcbicplfcopo, & cstterU Cpifcopfa Angl-a traFlavit : 9U Divers Laws and Canons were there enaded for this purpofe, which were thus prefaced. Hac font Statuta de Archdi tconi- bue, Fresb) t'ris,&c.qnmtte 3 CpfffOpOB & P?f}| P ” 4- ttpcs totiue litcgnt ad curiam /uam (ub u'Q v oire liaqae ut R x r \ Hoveden jujferat XVI- Kal. Odobris ContientUB £D n tpted mfi- Anna!. pars'*!. tnonajleriunt in P alatio Regu f*Flus t(l : Where the Popes Letter P 47?. Ead- concerning the Bifhops of England was read and debated. iverus Hill. 1 Anno 1115. XIII. Kal, AarUit fa Fins eft Convent us CptfCO* 0V, '- 5 ‘P -f l 9 C pojunt. /)Eadmerus H1ft.N0v.L5 5.118. (18) ^^{*tc US anjjlta, apud Salesberiam decimo quarto Calendar Aprilis coKvenerur.t. In this Parliament the King fiibhituted his Son WiUam to fucceed him as his Heir, Ignur mU0S ^jfndpCS homines ipfitte Wil- lielmi : And in this Parliament the controverfe between Ralph Archbifhop of Canterburie^ zndTkirJhw Archbifhop of 7 V^ concerning* obedience to the Sea of Canter burn was debated and Tburftan ordered co fubmit, whereupon he renounced his Arch- bifhoprick in a Pet. 8 The fame veer in duguft following one Anftlm* came from R me to King Hcnrie the firft being in Normandie t bringing Let- • ters from the Pope authorizing him to be his Legat in England, which in a fhort time being made known in ENGLAND, Admirati eigo Cffkopt, flbb'fes & #Obtte0 & lift lie Lon. donitr *du* tl f*ut fuper his, & quibufdam aliis prafente Re- gina, Communt Conctlto trattaturt. where they refolved to prevent this Innovation, and fent the Archbifhop of Ca»tir- bmie to the King to prevent and inhibit this Legats entrance into the Kingdom. After which one 1 Peter obtaining a Pm. er Lcgatine from the Pope over England and Ireland-, this King returned him this Anfwer, Legations illim authority terrty non nifiper connivenliam ©pifcOpOjtl-tt, jSbbSfHHt & |$?0 S terum *r io'>m Rfgm ©onbenfum robojart poffe co»p*ret. Thefe refpeflive Prefidents clearly manifeft that our Parlia¬ ments and great Councels all his Reign,.conlifted only of the King with all the Spirituall and Temporall Lords and Barons without any Commons, Knights or Burgelfes at all, of whom we finde no mention. . itj * » Anno 1157. King Henry dying leaving ,Maude the Emprefs his right Heir; Stephen contrary to his Oath invaded the Crown : Congregates enim L'.ndonits JRegltf cPMCtiatlbUSi, meliorettonem Ugum promifit, ju^ccta voluntaterr) q r srbitrinm fingulorum j whereupon OMNES tam PR./ESULES quam COMITES & HBStOtieS qui fiiia Regis, & fuis Haredibtts jnraverant fideli- tatem, confer fit ot Stephans pr&buerunty dicentes fore nimis turpe, fi tot Nobilet'fstmim fnbdercntur, &c. *) Eadrrwrus Hift Nov. 1 . 6 , P H 70 J 8 - #)Math. Paris, p; 7i.Hcm- tindon Hift. r. s,p. 386. 51 A two- ... . r ip; * Anns 1138. King Stephen on the fourth of Aprils held a *) ContfmiJt- 'Councel at Northampton, in which the Archbifhop of 7 >triu & Adiniftrij Re- gis t &feeptmnr & facia at omnts conjnet udine s Regias: Et ftcut . C 2 CM- — ■ (20) /,) An. 1164 And Antiq, Heel. Bdt.pag. 122 :. c) Annal. pars poflcrior. P 4 9 °- d ) Titles of Honor, pairt.2 c.5 fc&. 20.p 7 ° 5 ; f) Hoveden Annal. pars poller p. 561. to 566 Math. Saris p. 127. CJE TERI BARONES DEBENT merefc JUDIC 1 IS CU- RliE CUM BARONI BUS quoufapervematfir addminutiomm rnembrorHM^ vtl ad mortem. This Recognition the J3rcbtttfl)op0, iBffljops.abbots, |Bj(o? 0 } Clcrgp ? cum cromtftbu0,316aronrtiuft & f>3Ocertbti0 Can £t(S, with all the Earls, Barons and No- bles iwore unto, and firmly promifed in the word of truth vi¬ va voce to keep and obferve to the King their Soveraign, and to his Heires bona fide, and without male enginfor ever. So Math, Paris informes us b Math. IVtjlminfttr thus btieflyex- preffeth it. Aptsd Clartdonum coram Rege & tvtgni f-tla eft recordatio Regnorum Liber tdtum & confuetm - mam. c Hoveden thus records it. Eodtm Anno Rex f»8gno Congrcgafo COttttltO, & omnibus Archieptfcopit & Epifcopis Ang/;a, coram iUo congregatis, petiit &C. The Commons for ought appeares,were no Members of this Parliament. Anno 116). There was a Parliament held at Northampton Caftle, wherein as ivilliam Fitz Stephens 3 and ( d ) Mr. Selden out of him ; Set an da die cor.fuL ntibut CptfcOp(0, GOtntftbUS & l£ 5 aronibtl 0 AngUr £)mntbU0, Archbuhop Be An wasac- cufed of Treafon, and thereupon the King demanded judgement againft him. All of them accorded, that for his contempt in not coming upon the Kings fummons, and fending no excufe, all his goods and moveables fhould he at the Kings mercy Whereupon there grew a difference between the Bifhops and Barons, which of them fhould pronounce the fentence againft him, the Barons excufing themfelves and putting it off to the Bifhops, and the Bifhops putting it off from themfelves to the Barons. Where- upon the King moved with the controverfie about pronouncing the fentence;, thereupon the contoverfie ceafed, and Henry dt Bloyes Bifhop of TVinchejier, was at laft enjoyned to doe it, and pronounced it againft his will. C1 ^ ere was ^ • generals, a Parliament,or Ge- nerall Affembly of all tye JSffljopo, Abbots, p?fej0,Carie0, and Wmm o( England held at W.jhm^jtey, for the determi¬ nation of the great contention between Alfonjo King of O jr«e,and Sane ho King of N avarre, touching divers Cables and territories in Spain Submitted to the determination of our King fury the fecond, who all meeting together, their Advocates Beingtuijy heard *» prajenu* noftra, & EP 1 SCOPORV.M Sc COMJTVM’ ; COMITVM & BARONVM NOSTRORVM, King . Henry the fecOP.d, hahito cum EPlSGOPlS, COMlTjRV f fl c ® rd,n §‘y determine it: CO MITES & BARONES Rcodis Cm, aWJ* ADJVDICAVERVNTBl eV ari« m , Hrriq J par . t* futradt Riorum, qua *» lure petit* fu rant .fieri reftitutionem , .; whofe J u , d S5 m ent the King ratified by his ' Charter under the great Seal oi England. •f Anno 1173 . LaPti King of France , cum Archicpifcopu, Epif- f) Hovcden 5 Kino ^“‘fr faronihut Begni f m , bringing with them our Anna! pfr* . v & the 2 . hts 3. fons, and Henry their l ather, Kins of P oftcrior P* if Bng M cum ^rcfjfcpiCcopie, C-pffcopt 0 ,comtftbus, & Baro- 556 - T^ /w /’, mec b «ween Ctywand 7™on the fevench ■ ° f an ac “ d *■* “„ g or r he v rw '? 1 aimoft u 111 the men of then Kingdom es, where the agreement made between : ; ;rthe Km & of Scott and King Henry the Father was read and con t 5^ K ‘. ng his Son > R oger Archbifhop of Tor he, ^Hugh Blfhop of Durham , & COltllffbUS & Ba fOllfous attain & r Ab r butib " i > €omifibu 0 & Barojifbus “trn?” in r « nElt p etri Eboraci. So as the Kincs ItlBiftiops, Abbots,Earles and Barons of England and Scotland too ,( without any conjundion or mixture of Knights and Burgelfes) . were the only Parliaments to conclude peace or war, or e ad K Laws in this Kings reign. . 1 enact k ^ ile ^ arnc y eer ri 7C King Henry the fecond fl^trnnm ,. am CMMttw vam*!#",!, ,n. v l s?S™ ancir ‘"Sf"* & * e £ e fi ho R : ch * rdo Ca ” f -%rcl>iepfrt.&EpfCcopis ftcr - P- u 6 . } 1(Z n w **°nb«* Anghailn which Councel the Ca- nt ’ p -^ 91 * jholilve ArchbiiBopot Tuaman and Cantoris Abbot of S. Bran. ite t M n fter L **r ce Chancdbr Of Roderic King Of C«S Cjfc S C0 T W j? King ^ tIle F^er S on the be- C? R ™ L K ‘ n § recorded at large by ; •this great Parliament upon this occafion, we read ofn^ne ' but. C7 ( «) A Hovcden Annal. pars poitp.H 3 * ^ Annal. pars poft.p. 6 j$. Hovedcn Annal. pars poll. p. 546. Antiq. Eccief. Brit p,94, 91 - but the King. Archbilhops, Biftiops, Earles and Barons of Eft land to be prefent, not any one Knight of a Shire, or Burgefle. i Amo n 7 6. King Henry the fecondheld a Parliament or Concilium magnum at Nottingham, de Statutes «' ram Reae filio (ko,& cor am £rcbtepifeopo,d; pffcopO, Comttibns er isarombas ttegtii Cut Communi omnium comm dmft %eanumfuum in ftx part" ; per quorum (ingulf fruju/heunu itinerantes confl'tutt j After winch,he records the JUiticesnatTics, and the Counties allotted to each of their divifions;; by which teftimony it is tnoft evident, that the King and the Spiritual!and Temporal! Lords and Barons were the only members of Parlia¬ ment in this Kings rakn, and did order and make Laws for the whole Kingdome without the Commons, of which there is no mention in any Parliament or Councel in this Kings life, that I can finde; nor in * A-mo 1189. when there was a peace conclu¬ ded between King Henry the iecond and Philip of France , thus exprefled b y Hoveden. Convener unt igitur pro, 1 Ehi l\ tx Franca, & ft x Anglia & Richardm comes Brittannicorum,cum epffcopts, Cptfcopfs, Comitfbas & lEarenfbiw Tutu, area ft- fhtm Apoftolorum Petri & Punts ad cokoqumm inter Furonem dr Araf. &c. ' k Anno Dom. i r 89. King Richard the firft after the death or King Henry the fecond, on the third day of S ptember wascrow- ned at hP fiminfler by Baldwin Archbifhop of C ‘nterburys di¬ vers other Archbijhops, Bi/hops, Abbots. Priors, and the EARLS and BARONS of England, being alfembled together at Louder, and prefent at it, quorum conftlio, by whofe advice he was crow¬ ned. That fame year Philip King of France lent Embaflfadors toKing Richard of England to acquaint him, that the King of France in a General Councel a t Parts, and all his Moblet had fworn upon the holy Evangelifts, that God willing they would immutably be at Viz. 7Hm > ™ eo q<*°d ipfe Epifcopus erat jttdicio Laic arum, ineo _ qmd ultj i>Cfl auod ip ft Vkecomts Regis extiter at. The third day of the Par- Lment the King demanded Aids and Taxes, which were grant¬ ed. The fourth and laft day of the Parliament, all the Clergy, men and Lay-men that would, made their complaints againft the rapines and exactions of the Archbifhop of Torkj and&- rard of Camvilla was impeached, for harbouring and receiving Thee ves , and of Treaftn, for ayding and adhering to Earl John and the Kings Enemies ; who denyed the Charges: and thole who accuftd him, put in fureties to profecute, and he furetits . to anjwer. And this day the King appointed when he wouldbe crowned: which done, this Parliament ended. ,) Hovcd. p. o) Anno 1197. This King made a Law concerning the if 774783.78 t-zesofMeafures, and concerning Legall Proceedings and Pleas -See pag. 743 - 0 f t he Crown andForrefts: Hac eft AJfifa Domini Regis, & 744-74T- hac funt pracepta de EorreftU fuis in Anglia falia, pet fUltt & COtlfiltum Archiepifcop. & Epifc. Abbatum, ComflDItl & 315 arommt 3 & SfMttum totfus $egnf fuf, writes tfwwloi: That thefe Milites were Knights of Shires chofen by Writ, ap¬ pears not j I conceive them to be rather Barons that were * Inft.4 p-S- 6 . Knighted, who were ufually called Knig'hts, as * Sir Edusrd 11. E.j. Pit*. c eo ^ anc [ others write : As for Burgejfes and Citizens, there M^cld 7 Titles is n0 mention of them; fo as in King Richard’s Reign it is of Honor, p. evident, that ( p) our Parliaments were held without any Com- 736.737.770. mons or Burgefles, by the King and his Spiritual and Temporal 771. Lords only; the proceedings in Parliament being ftill idled by M SC f ri'nnrr a °d before the Barons, as M. Selden obferves. par.'i. cap.$. p." I n the firftyeer of King Johns Reign (Ann. 11C9) on the 706.707. ninth of June the King came to London, where CongWtfi Slttglfe j^obfltbas, he was crowned by Archbifliop Hubert. q) Ann.1199. So (q) Ad at there tVeftminfter ; Congregates itaque in advent p 76. eju, #rcbfepffcopt$, Cpffcopfs> Comittbas & SSaronftuM- que aliis omnibus qui coronationi ejus interejfe debuerant '• $ r) HilLAngl. (r) Matthew Taris : And that yeer I findein (s) Hovtdn, j P‘ l8 9 - . Statuta quadam Johannis Regis, beginning thus : Etdemft* poifanor.pag! j° hantles Rex Anglia S>tafutf, concerning the price of Wines: 796.797'. Sed heeprimutn Regis Statutum vixinchoatum, ftatim ejl ti¬ nt hi latum , quia Mercatores banc AJftfam fuftinere non pit- rant . .M t) M Mi (M) t) Ann Dm. Hoo.the great controverfie touching theBa-t) Hovell* Tony that William of Mowbray claimed againft William of St at- pofter.p.803. vile, which had long depended in fuit in the Kings Court tan dcm ConcfUo Ltegnf, <* tStoUmfafe Jtegfe, pax & fin J, c <>n- cordu fatta eft, by way of compofition. It feems, there was a Parliament held thac yeer, and that the King and his Barons determined this controverfie touching this Barony in Carlia- i ^[1 Ms ft) Anno 1204 , in the fife yeer of King f elm’s Reign, in era- ^ Mat - Pat '^ ft mo Circumciftonis, convenerunt ad colloquium apud Oxonian HllL An S ,ia: » MS ^ ^agnates <g \int,ubi conee{fa (tint Regiauxilfa mill. WcftiE" An”* & * a ft ta >ft r e quohbet {otto fcilicet terra dua Alarca & dimi- 1204 . 0 , 80 . * dm f t Nec ft*ft™ Cpffcop/ & Abates fine promijjione re¬ 's,, : c flift runt - And the fame yeer there was (x) Commune Cmt. vN p, t Ii* ? 5 h ar0nUm at Winchefter, as appears by the 5 Joan! Reg! ^ Rolls of that yeer. . r , \ Membr. 1. it y Anno 120^. certain Laws in the fixth yeer of his Reign ^ un J 5> SeU ‘ fe w ^ e ^deforthe defence of the Kingdom! cmmmni affelfu^^' ^P'£°P 0rUm > COUlffam f Barumwt, <* J) Dor.Par.tf. omnmtn .ffoeluim Jjioffrojum angliae .♦ who thefe Fiddles M.r Memb. jE?* a PPcars n ft 5 certain it is, they are Riled neither Knights M r Doif * Citizens, Bnrgefles, nor Commons; and therefore mav be well C au ^' Se!d ' ^intended of thofe who adhered to the ^SSSSSSitS ° f *"• Coi"c| 8 ' S 0 “ n0Warei 0r ' lftal1 Che Ki W'vi= ?, e an c>cnteft Writ of Summons to Parliament extant on re- E I°I d H T' Se/ f! e ” m l orms W' ] ,s in this fixth yeer of King ^ T;t - of Ho- tftfobn, d,reded to thcB.fiiop ofSalifturj; Mandamus vobif, Z$C\°Jc 6 tftftogantesjHatenHs omni oesaftone & dilatione poftpofita Item fohKemb’ •KSS ! ? m *»* aiN ’ s -tAUfciSZ i a proxime ante Afcemionem Domini jpobtfciim traBaturi ftZ M T & r ard " iS . ne £ otUs N oft As, & communi Rerrni mi lita- . ftftlft Juper fas qua a Rege Francia per Nuncios noftros & jet. fttos Nobis mandat a funt, unde per Dei Gratiam bonum Ibera- veftrum expedit habere conftlium & SUtOJUm iir ^agttatum Cerrae #oftrae, Huos ad diem ilium & locum jecitnus convnaru Vv etiern ex parte mftra et veftra #bbiifes ■fk/'' *v iv ^ & > (-. 5 ) & WliOjee Convent Hales totw Dioc&fts chart jaciatis,M Cm. cilio pradhlo interdtligmt Nos &C*mmmemRem utilitatem. By which it is apparent, that the Peers Spiritual and Temporal of the Realm were the onely perfons fummoned to treat with, and advife the King as his great Conned, and the other fideles but their affiftants, not any Burgefles, Knights Or Commoners elefted by the people. ,x Mltt>lParis a Ann. 1109. King fohn requiring Hoftages of Wthmk liiil. p.218 ► Rranfe , a Nobleman, for his fidelity, as he had done of others, had this anfwer returned to the Meflengers, Si ipfnm(Repm) in aliquo offendiy paratiss fam^ & ero^Domino meo & fine obftdi. bus fatisfacere , fecundum ysdictum (fturi&fu&y & JBarOtttlttt § 3 urtUttt meojum, certo mibi affignato die & loco . So that the Judgment of Parliament then refided in the Peers alone, who together with the King and Spintuall Lords, made up the Par¬ liament. b) Matt.Paris b Anno Dom. 1213, on the 13 day of May,King John, Tan- p. 225.230. dulph the Popes Legat, cum COMITIBUS (Sr BARONIBUS, *3' u afiembled at Dover , and concluded a form of Peace between the King and the Pope* there mentioned at large. The fame yeer there was a Parliament held at S. <*AlbanSy there deferri- bed by Aiattbew Paris. Interfuerunt (foncilio apud Sanlium Albanum Galftidm film Pe&i y & Epifcopns Winton , cum tfjfepffcopo & CUpffcopf0 & spagnatibua IRegnf, ubicm&k ^ pace Regis denunciata , ex ejufdem Regis parte jjrmter fw ceptnm eft , quatenm Leges Henrici avifm ab omnibus in Repo fuo cuftodirentur y & omnes Leges iniqua penitm en.ervar.entw, &c. And the fame year on the eighth of September there was a Conference or Parliament afiembled at London, which he thus exprefieth j Convenerunt in Civitate Londaniarum apttdSm- Slum Pau/um, Stephanus Cantuar. arcf)feptfcopus,CUtnCplf’ copfa, abbatfbus, pjforibus, SDecattfe & iBaionibas Where the Archbifhop produced the Charter of King Henrj the Firft, ( of the Liberties of England) which he caufedtok read, beginning thus : ^gttriCU0 Dei gratia Rex Anglic &<• Sciatis, me Dei mifericordid, cr dTODIttlUflf (EOttcfifO jS 58 WtltWI IRrgni $ttglfe, ejttfdem $t$gltf Regem ejfe coronatum, & c ‘ Towards the latter end thereof there is this daufe: Legemp[ f 3 (ini, gis Edwardi vobis reddo, cum illu imendationlbuiy quibus Pater mm, mens earn emendavit Cotrcflfo 3 I 5 aromim faojtmt When this Pets Charter had been read, & BaronfotlS aaDfeHijbtlS intelletta, ®[ c f"ijfet: and underftood by the USarotT* that heard it, thej ex- C* : ceedingly rejeyeed Veith great joy, and all of them fro ore in the ’eliji ArchbiJljops prefence, that Vchen they faw a fit time, they -would (if need Were) fight for their Liberties even unto death. By oft, which pafl'ages and Charters it appears moft clearly, that the 0K Parliaments of England both in King william Rufus , King Hen - rj the Firft, and King John’s Reigns, confided only of the King, ; “ and Spirituall and Temporall Lords and Barons, without any Knights of Shires, Citizens and Burgefl'es ele&ed by the people; and that they were the foie Law-makers in thofe times. Anno 1114. being the fifteenth yeer of King Johns Reign, ‘ this King (writes 0 Mr. Selden) fummoned A KINDE OF ■ PARLIAMENT to Oxford, by this STRANGE WRIT 0 Tit!es of of Summons,that for ought that I have feen,is without example, JiTp'’ ^ M * ; L : and feems to point to that diftincTion of Tenants by Knights - ’ fcrvice, which I call here BARONES MINORES of that time, fc '. from the MAJORES_ or fuch as were properly BARONS. The P words of it are, >“f d Rex Vicecomiti Oxon falutem : Pracipimus tibi, quod OAfNES AtlLITES Balliva tua qui fiimmoniti ftier tint ejfe d)Dorf.ClauO !i apud Oxonians ad NOS, a die Omnium S anchor um ad Indies, 1 5 • J oh. Reg. ll)> ! venire facias CtWt JJrttlfS fll< 0 ; Corpora verb USarOtlUUt fine Ar- P 31tiltte 0 He Coill/fattl lUO il< lik luc venire facies 3D jjlO 0 , ad eundem terminum, 80 loquCIt* *'■ bum jpiobffcutti De rtegofite tsegni j|iottrt. Tefie Afeipfo , a- fe- pud Witten. 11 . die Novembris. IP Eodem modo fcribitttr omnibus Vicecomitibut , This President feeems to prove that there were Knights of Shires fummoned to Parliaments in King Johns reign, p To which I anfwer. % Firft, that it appeares not by any Hiftorie or Record,that there Si Was any Parliament held this yeer by King John^ni Mr. Selden llliji calls it not a Parliament fimply, but only a finds of Parliament , l£ or fomething like it, being in truth rather a Councel of Warre, 4 then a Parliament, as the Writ imports,it being againft the rules If D 2 and t) Cook 4.I11- Itit. p.iS* /) Math. Paris, p.242. ^)Math. Paris, P'*J X * Mi*, S tide ns Titles of Ho¬ nour, p. 7 !?• fr)Math. Paris, p, 198^200, 201,204. 224. 7)Exaominum/Hum, & fit terram non htbent & AR- \m MA HABERE POSSINT, nine veniant ad capiendum folida- f«; tai noft™ ; which writ is an excellent Commentary upon this Thirdly, There are only 4. diferete Knights (or Souldiers rather) tfcj of ev ery County fummoned to come to the King to confer re ■ ( With Urn about the affairs of his Kingdoms in the lad claufe of B j ™s Writ, which only favours of a fummons to a kinde of Par- ; liament. But thefe certainly were no Knights of the Shire for a Parliamentary Aflemblyas is evident, 1. By their number ; 4. out of every County, when the Knights for Parliament were never but two at moft for one County, and but one for fome Counties. 2. They were not to be defied by the Free-holders : and people, but fummoned only by the Sheriffe himfelf at his difcretion.3 .They are fummoned only aft loqpenBum nebfocuffi J to fpeak with the King of the affairs of his Kingdom ; not ad tra - ‘ tlandum faciendum &con]entievd{i his qua tunc ih.de communi con- v filio diBi regni nofiri centigerint ordinari fupsr ne got its antedttis. 15 as Knights of the Shires are in all Writs for their Election? ” 4. There is no mention in this Writ of any Parliamemum no- ffirum appointed to be held at Oxford, or of any conference or treaty to be there held cum Prjatis, Magnatibut & Proctribus ^■Regni mflri, nor yet of Duos Cives dt qualibet Cavitate; nor of Duos Burgtffesds qnolibet Burgo Com. i/Hus to be defied, fum- " moned, returned,as in all writs of Election for Knights of Shires ::and Burge lies for a Parliament: Therefore this Writ was cer¬ tainly no fummons to a Parliament, nor this meeting at Oxford (Miy Parliament at all, but only a Councell of fVarre. or State ti upon a fpeciall occafion : and fo no proof at all of any Knights of t i-ihires( much lefle of Burgelfes; in the Parliaments of this Kings lif 'eign j which the next Prefidcnt in his time will unanfwerably dear. In, W ^ I t v> • Tti thprti veer of m King; Johns Reign* Anno Bom* 1215, i a U.^ndd r »t«dS.rihm EdmmtmU mites f Barones single: Where the Charter of King #?». T t he Firft (containing certain Liberties and LawesotKmg granted both to the Church & ^agnatlbttS Kefittf was again produced: which read, they all fwore upon the high Altar in l £ Amends Church, that if the K mg refufed to grant the faid Laws and Liberties, thej Would Wage W^arre With him, and Withdraw their Allegeance fromfrm, till he did by his Chur- ter under bus Great Seal, confirm all things Which tbej reef¬ ed ; refolving ad to refair to the King after the Nativity tfm Lord to ret thofe Liberties confirmed. Whereupon ate fhritlmafs, Anno mi 6 . in the feventeenth yeer of this Kings Reign, they repaired to the King to London, requiring him » f^rrn thefe lLs and Liberties : the King deferred^ after Eafter, promihng them tofatisfie them in all things, A laft, after fome encounters, and caftles taken by the Bams, who had raifed a very great Army againft the King, RL 0* MAGNATES , the King and his Nobles came to a Treaty; the t s day of ?une in a Meadow betwixt Staines and Wmdjtrtt, where he granted and confirmed them fuch a Charter of their Lawes and Liberties as was defired : In which there is this claufe concerning Parliaments and Summonsto them,a jAMath. Paris. for Aids and AJfeffements, ■ er p. z 4 7. CONSILIUM REGNI de Auxilns affidendis ntfi in mb* Seldens Titles prxdiftis ; Cr S>« ^CTOfagtiS ^ffiOeithlS. o onot, p. faciemws £rc&feptfcopos,#bfaates 5 Comtfes & ^ajojes 7 ° 9 ' ms feiglllatlm per Liter as nojfras ; & pr&tereafaciemmfw moneriper Vieecomites & Ballivos noftros omnes alios quiin^- pite tenent de Nobis ad certum diemjcilicet ad terntmm *«• draginta dierum ad minus, & ad certum locum, in omm us 1 teris fubmonitionis illius, caufam fubmonitionis ill ins _ I tibus,Cr jtc falbafubmonitionr, negotium pracedat ad ierlti n fifrnatum^fecHndum confilium eorum cjui props,A A! Earls, great Barons and leffer Barons, who held Lands King in Napite t \me furamoned to our Parliaments ; who w be all fummoned of right, and none of them omitted or fe- i,;!uie J ; But for any Knights, Citizens or Burgejfes then fum- R :moned or lent unto our Parliaments by any Writs of Eledion, jlpr of any Houfe or Parliament of Commons, I findc no proof,nor . example irf any Hiftory or Record. ijlhf TiS; 1 Haould now proceed to prove, that in all King Henry the [jjjThird his Reign, atleaft till 49. Henry 3. ifnotinfome ages rafter,our Englifh Parliaments were compofed only of th eKing, iiii L°rds Spiritual and Temporal, and ‘Peers and Barons of the f: Realm‘, and that after the Commons were firft fummoned and ^admitted to our Parliaments in the Reign of Edward the Firft, ' and made an Houfe in Edward the Third his Reign, the Legif- ; lative Power for divers Kings Reigns, and the ordinary Judi¬ cial power or Judicatory of our Parliaments till this very day ‘refided and continued in the King and Houfe of Peers ; But the precedents of this nature, and proofs to evidence it, being large and numerous, I muft referve them for a fecond part, and an¬ other particular Trad, which (if God fend liberty and oppor¬ tunity) I intend to compile and publifh; this being already • woln to a juft vendible proportion In thefe neceffitous times j 1 ind fomenting of this nature having been already publifhed by fne in my Plea for the Lords, my Ardua Regni, and Legal vin¬ dication of the Liberties of England againfl Illegall Taxes and metended Alls of Parliament, p. 5. 6 . (which they who defire ‘• irefent fatisfaiftion may perufe) its fpeedy publication may be S;: he better refpited till a fitter feafon. ft Jill? 0 t* ¥ t* ft 0 iff ilii r, ( FINIS . 4 * +£ 5 -L- I 4 * 4 < 5 ! 4 M? 7 W>^ -*” > m m m 4 M t xi*\ tVM *r$y \a{ <§§ 4 H jeVV A Short DEMURRER! To the .JEW E S Longdiicontinued barred Remitter into ENGLAN iVW* mlr w« rt?v » 4 M r T 4 W 4 >g* ^8 ^ their total final Banishment by Judgment and Edifl oj Par- j 3 m liamenty out of England * never to return again \ collected out of m* ^ the beft Hiftorians and Records. " ■*W v, .- -■ -——.. • , -vt. Sea* With a Brief Colleclion offuch Engt'JhLitres,Scripturcs,Rca[oHS,zs, fQ£tn ftrongly to Si# plead , and conclude againft their TtcadmiJJion into England, especially at this ?&?*. Ica.on, and againft the General calling of the Jcmfh Nation. With an Anfwer 5X to the ch’ef Allegations for theirintrodutt’on. SeS* VC/n - ____--—-» - - -- -- ^ 3 * The fecor.d Edition, enlarged. , 4 §§ -- *--— 7 —.—-- — ■ K g- B y William Try me Efq; a Bencher of Lincoines-Inne, vW - " - ----- M* 1 Chron.i 57.Smut Cvncil.Toni.i.p '7$g.Tanracfi quotjtndjm Ctyiauas %*■> «r quid am cam nppetenles etiam a fid? erraverint : multi quippe bucufquc cx Sa- cerdohbws atque Laic is accipicntcs a Jud#i$ v,uncra y pnfidiamioumfuopatYo ciniofovcnt , qui vonimmenio cx cor pore Antichnfli effe nojeuntur , quia contra J§£i> Chriftumfaciunt . Quicunque ergedeinceps E pifc op us,five Cleric us, five Secular is, lllis contra fidem Chriflianam fuf *'OJ 4. m - -- -- —. .. — Printed at London, for Epwarb Thomas dwelling in Green-Arbor*T 65^. To the * Chrifhan Reader. I may not juftlyfdjfuferfCo much as in (*} i Pct^.iy. thy Thought ) as a bufe-body in other men's matters , for publishing my Opinion in a publickCafe ; wherein I conceive my felf fome wayes interefled, both as a (fhn- ftian and Engltfh Free-man : I fhall in¬ form thee of the true original caufe of this my iudden un¬ premeditated undertaking. Being much affected with God’s late admirable Pro¬ vidence, in caufing the (£) fixth day of this inftant De- (k) See the De¬ cember to be fet apart for a Day of Solemn Fafting and Hu- ** milt at ten , for the late Rebukes vce have received , the Ttires of 5 ' Divijion that have been /own by the envious one , and the growth they have had through his fubtilty ; the abominable Blafpbemies, Apofacies , and abufeof Liberty by many prof effing %yligion y and the continual Series of Difficulties we have been exercifed under: and., inviting all the People of Cjod in thefe three Ifa- tions on that day , to foyn in folemn and earneft Supplications to A a the To the Christian Redder. the Throne of Grace , That the Lord will be pleafed truely to humble our prefent Governours , and the Nation , under his Righteous Hand , that we maybe everyone fea rching out the Plague of hie own Heart , and turn unfeignedly from the evil of our wayes. This being the very day of the Month, where¬ on this time feven yeers, {December 6. 1648.) Colonel Pride with other Officers of the ARMY, belettitig the (c)yicoUeHi P ar li am ent-H°ufe with their armed Forces (c) railed to of Ordinance 1, defend its T R IVIL EDGES and MEMBERS ) again!} their TruftsyDuties y forcibly feifed , fecured my felf, with above forty Parliament-Members more, as we were going into theCommons-Houfe to difcharge our ^»t/Wjtranflating us that day from the Queens (feurt ( where they firft tmprt- foned us ) to Hell in Weftminflery and there lodging us upon the bare boards without Beds , all that miferable Cold Night y like fo many Turkifh Gally-fiaves , rather than Parliament-Members : feconded with other fucceeding , Rcftraints, and high unparallel’d Violations both of our Parliamentary Priviledges, and Hereditary Laws and Li- .{ berties. Which tranfcendent Exorbitances, as we may juftly fear, are the Plague of the Heart , and Evil of their Wayesy who were the chief Contrivers or A£tors of them; if not the greatefi%ebuk.es ihc Englifli Parliament or Na¬ tion ever received ; the moft dangerous Tares of Divifion that ha ve ever been fowen by the envious one tn our %/alnty which have fince extraordinarily grown and fpread amongfl us through his fubtilty • the faddefi Apofiacyy and abufe of Liber¬ ty by men profeffing%eligwn ever heard of among!} Chrifli- ans; and the very Fountain of all that continued fenes of dif¬ ficulties we have fince been exercifed under. For which the principal Architects, Executioners, and whole Englifh Na¬ tion had never publickly been humbled , nor ferioufly la¬ mented, repented them in feven whole yeers fpace; It plealed God by his over-ruling Providcnce,beyond the In¬ tentions or 1 houghts of Men, fo at laft to bring it about, that this very forgotten fad day , whereon this was publick- ly a&ed, fhould be now by a printed Declaration i \^ccii\i'f TV the Chrifiian Reeder. devoted for A Day of foltmu Fafting & Humlliation,throuzh~ out thu Commonwealth, to lament and bewail thefe former enormous Aftions on it,as well as otherCrimcs. Havin° in¬ formed divers thereof, both before and on this Faft“day, who were much taken with it; On the feventh of Deem- *5 r »v«>e day after the Falcon w* the (toured. Members that time feven yeers were carried from Hell to White-Hall, and there kept falling till paft ievenaclock at night to attend the Army-Officers , who pretended a defired conference with them; and at laft,without vouchlafing to fee them, fenc them PRISONERS through the dirt with Mufqueteers at each of their back?,8c other Guards of Horfeby their fides to the King’s Head and Swan, where they long remained:) I walked down to Wefiminfler , to vifit fome of my then Fel¬ low-? rt (oners and OKembers , to acquaint them with this memorable Providence ; in my paflage thither in Martin s- Lane , I unexpectedly met with Sir John Cloiwonhy ( who was one of them ) leading his Lady on foot towards Wal- l.ing(ord-hou(e , the plac e whither the Officers promifed to carry, and there to confer with us,when they thruft us into Hell\ who taking notice of, and faluting me, I informed uim of the foreiaid adorable Providence , in appointing the f trmer dayes Faft on that day feven yeers whereon we were feifed : who profejftng he had forgotten it, and that it came not wtthtnhis thoughts ; but in truth it was very miraculous , and worthy facial observation. We thereupon walked on, dif- courfing of it till we came to Wallingf 0 rd-houfe-gate , where Colonel Pride, who then fei(ed, met us full but; and I not perfea'y knowing him, Sir John told me, here is Colonel Pride, and then gave him this feafonable Memento; Fellow Pride, "Remember this "Time (even yeers. So we parting company, I went & vifitedfome orhers of my then Fellow Prifoners in Wefiminfler ; difeourfing with them of thefe Providences , (wherewith they were much affeCted, as ha¬ ving not obferved them before ) and of our Fall at White- Hall this day (even yeers. In my return homewards that day by the Garden-wall at White-Hall, Mr. Nye the Minifter, A 3 go- To the Christian Reader. foingveryfeft,there overtook, and falutlng me byname, prefeatly demanded this unexpected Queftion of me* Prhc- ther there were any Law of Eng! and againfl bringing in the jews among# us ? for the Lawyers had newly delivered their Opinions, there was no Law againfl it. To which I anfwered, That the Jews were in the yeer 1 290. all banijhed out of England , by Judgement and EdiZl of the King and Tarliament, as a great Grievance , never to return again •• for which the Commons gave the King the fifteenth part of their Moveables : and therefore being thus ban fed by Parliament } they could not by the Laws of England, be brought in again , without afpecial Ail of Parlia¬ ment, which I would make good for Law. He rep/ied,I wijh it might not be done otherwife\&ft hat this bufinefihad been former* ly moved in the Bijhops time, rather than now. To which I fub- joyned; That it was now a very ill time to bring in the Jews, when the people were fo dangeroufly and generally bent to Apofla- cy, and all forts of Novelties and Errors in Religion ; and would fooner turn Jews , than the Jews Chriflians. He aniwered, He thought it was true, and was forry he could not difeourfi longer with me, the Committee about the Jews being fate , and flaying fir him as he feared. Whereupon, as he was turning in to¬ wards White-Hall-Gate, I told him ,The Jews hid been former¬ ly great Clippers and Forgers of Mony, and had crucified three or four Children in England at leaf, which were principal caufes of their banifhment. To which he replied, That the crucifying of Children was not fully charged on them by our Hiftorians , and would eajily be wiped of. Whereto I anfwered, He was much miflaken : and fo we parted. As I kept on my way,in Un- Fields, palling by feven or eight maimed Soldiers on Stilts, who begged of me ; I beard them lay alcud one to another jVemufl new all turn Jews, and there will be nothing left for the poor. And not far from them another company of poor people, juft at Liucolnes-Issue back Gate, cried aloud to each other? They are all turned T)evils already, and now we mufi all turn Jews. Which unexpected concurrent Provi¬ dences and Speeches,made fuch animpreftion on my Spirir, that before I could take my reft that night, I perufed nvoft To the Chrifllaft Reader.. of the paffages in our Englifh Hijlories concerning the Jews carriage in England, with fome of their mifdemeanors in o* ther parts, to refrefh my memory , and facisfie my judgement; making fome Cohesions out of them, which after I enlarg¬ ed and digcded into this enfuing Demurrer , with as much fpeed a£ the / harpnef of the feafon would Dermic; and was in¬ duced to publijh it (knowing no particular difcourfe of this Subject extant) iovtht general information, fans fashion of o- thers , and honour of my hleffed Lord and Saviour Jefus Chrijl the righteous, whom the Jews with malicious heartSy and wicked hands (d) crucified in perfon heretofore, and their pollerity (d) Acts ». * j, by their bUfphemies , dejoiteful aid ions againd Chritt, his Kingdom,Offices,Gotpel(e)m*r/d,w Herein is men- Concil.p.^ tionmade of the Churches of Britain, in that age, as well as - in %ome,France and other parts , keeping the affe over in a different manner from the wicked blinded lews, would thence infer, there were then Jews refident in Britain 5 of which there > I I o the Chrifiian Reader. (£)AimaL pars posterior,p 604. (h) Spelmami Concil,p t 6iz. (\)Malmeskuvy degeftu Kcgwn AnglJ.i . cA.p. Chrome on Johnnnis Brow. fp/. 9 5 ^, 9 5 7 . SppJmanm con• Clip 62s. (kj lngulphi Htli.p.9 14 , ( 1 ) ~4d Eitd- merum No:*, p.17^0 195. (tn) Hi/?o’’!* nova urn, 1.2. M 6 ^T there is not one fyllable in that Epiftle , nor in any CUflick Author Forrain or Domeftick, I yet ever faw or heard of. Thar they were fetled in our Ifland in the Saxon/ time , is collected , onely from that Law inferred by (^) Heveden, and (/>) Spelman among!! Edward the Confejfors , here cited, P- I • But there being no mention of the J ews in any cf our Saxon Kings Raigrs, Councils , Decrees, Laws, before the Con- fejfor, out of which all his Laws were (i) whollyextrailed, and this Law of the Jews being not to be found in the true Original Copy of the Confejfors and Conquerors Laws of Ab¬ bot (O Ingulphus, who flour iftied in that age , was prefem at their confirmation, and then brought them to Croyland ■ 5 publifhed by Mr. (/) John Se/den, nor yet in Bromton , I cannot but rejea it as counterfeit, and efleem it rather,a Declaration of the Jews Condition in England in Hovedens time (inler ted by him.as well as iome other things of punier date, amongft thefe Laws) rather than any Law of, or in the Confejfors days,wherein T can finde no evidence of any Jews rcfidence here, but only this interpolation and forged Law, which Mr. Selden wholly emits in his Colleaion of his Laws. The Hiflory of King William Rufus , his compelling the lews of Rhoan that were turned Chnftians , to renounce their Chriftianity and turn lews ^'»,ACCEPTO PRETIO APOSTASIrE, upon the complaint and mony given him by the Infidel Jews there, with the Dialogue between Him and Stephen .the J e w, cit ed out of Holinjhed , here p.5,6. I finde ongtnally recorded of him by (mjEadmerusAinm in his ratgn: who though very bitter and injurious to him, by reafon of the great Contefts between him ScJnfelmef whofe Favourite, Follower and Companion in adverfity Eadmerus was) yet he relates it not as a certain Truth, but as a Re- port of others of that Country, who had another Opinion °j ^y Jris * de (Jorift ianis Chr'iftianos hex Chrifiian A dccet habere : qua tamen ficut ilia accepimus fimpliciter po- nam, nonaftruens vera an [ecusextiterint , an non. Onely he addes this P*ffage to the fiery of Stephen, which Holinjhed onuts: 7 hat St. Stephen appearing to him as he was travelling CH To the chrifiian Reader. f" the way, he demanding of him who he was ? Anfwered,7 'hat he was longfince of a few made a Chrifiian , and woe Stephen thefirfi.Martyr j hut for this caufe, I have now comedown Jrom Heaven to Earth,, that thou Cafiing away th Iewifh Super - Mon, mightefi be made a Chrifiian ; and being baftijd in Chrfi, mtghtefibe called by my name. Whereupon he became a Lhrijttan , and was baptised. That immediately after the con- ierence between the King and Stephen, (which agrees" with that in Holtnlhed) he being thru!} out, and meeting his Fa¬ ther Handing before the door, expetfing the event, bein- animated againtt him, iaid } 0 Son ofdeath, andfewel of eternal perdition, u not thine own damnation fuff dent for thee, unlef thou alfo cafi me headlong into it together with thee ? But God forbid,tnat / to whomChrfi Is now revealed,fhould ever acknow¬ ledge thee henceforth for a Father,becaufe the devil u thy father I have omitted in this fecond enlarged Edition of my De¬ murrer, no paffage to my knowledge, in any of our Hiflori- . ans , reUting to our former Englilh/^x, reciting them all in a Chronological Order in the Hirtorians own words, quoted in the Margin : only I finde fundry Records con¬ cerning them, which I (hall fupply by a fubfequent Appen-. ”* by themfelves, to gratifie thofe who bought the firft fcdition,whom their mfertion into this might have injur’d Herein (w)I have only briefly touched, not handled,the great Queftion ,of the general calling & converfion of the Iewifh &/' * 4 ’ Ration to the Faith of Chrfi,towards the end of the world ; for 9 ‘ which I cannot finde any iatisfa&ory grounds in Scripture. That Text otLevjt.16.4ifo 46. on which fome build their general call, having thefe two clauies in ir,that leem Hron^- ly to oppofe, or make it very dubious, 1v.41.IF THEN their uncircumcifed heart be humbled, and that they accept of the pu- nifhment of their iniquity,&c. & v.46.1 will not cafi them away , neither will I abhor them to DESTROY THEM UTTERLY. And that other Text ot Rom. 11. whereon others mold rely, having this conditional paffage & exprels claufes againft it, v. 2 3 .And they alfo , IF they abide not fiillin unbelief,(had be grafted in,for God is able (he faith not refolvcd) tografiethem B tn Te the Chriftim Reader, magain* And z>. 3,10 8. /havereferved tomyfelf 7000 men, Sec.Even fo then at this prefent time there is a Remnant according to the election of gracef&C. But the Election hath obtained it, and the rejl -were hardned,or blinded. Which compared with Rom. *ila,ic.io,ii, 9 . 27,29. (yjfaiah alfo faith concerning Ifrael, Though the 2 j. number of the children of /frael be as the fand of the Sea , yet a *ifa.t.9- See c. REMNANT ofthem(only)fhaKbe faved. ^Except the Lord of \ l " u - Hofts had left unto us A SEED, A VERY SMALL REM* Jon 3 a. NANT ( fo Ifaiah calls it) we hod-been as Sodom, &c.) will neceffarily evince,that Rom. 11.16. And fo all Ifrael (had be faved,&c. (on which they ground this general call) muft be intended onely of all this [mall elett remnant of the Ifrael of God , and feed of Abraham according to the faith , not fiefh, Rom.4 n,12,1 3,14,1 5,16.Gal.3.7,8,9,14,1 6,Gi.6.\6. of all fuch who are J ews inwardly, and have the Circumcifion of the hearty Rom.2.28,29. not of the whole Jcwifh Nation, (whofe fervants I fear were as few under the Gofpel,as the Gentiles, Converts, and Profelytes under the Law.) And thofe who will ftrain that Text further,muft neceffarily aver , not only an Univerfal Calling , but likewife Salvation and taking away the ungodline fs and fins of the whole Nation then by Chrijl , (of which that Text only fpeaks) not only conttary to thefeforecited Scriptures, and Gods dealing 00 Ref. 3 . 4 - with all other (n) Chur does, Nations ; but to Jer. 3.14. I will take you, one of a City , and two of a Tribe , and I will bring you to Sion. Mat.21.1 6.Many are called fat few chofen:& few faved, Mat.7.14. Luke 1 3.23. Therefore for any to call in. the Jews among us upon this furmife of their general ap¬ proaching Converfion, is a flrangeSolecifm,both in State- (o) De mttate Policy and Chriftianity,efpecially in this age, wherein that cof*nia(oo. n p. °^°) Waltramm Biftiop dtTfaumburgejs mofttruely 180, 191,116. verified, TDiabolus videns Idola derelitta , & per nimium ere* See jacobus dentium populum fedes fuas ac templa deferta , exco^nitavit no- *ch'- VAm f rAH ^ em > m f u & *pf 7 Chriftiani nominis titulofallat incau- fiianjSucceJ]ione t0t * ^refef^tnvenit & fchifmata, cjuibusfubverteretfidem, & Statu, c■')■!>■ corr *tmperet veritatem. Exinde divifa eft Ecclefa,& divifa funt 108,109,119, Eccleft a S aterdotia , atcy, omnia fcandalornm orta funt genera. Ex- To the Chriftun Reader, Exinde crevit grave & dimurmtm helium , & non folum civile helium, fed & plufquam civile helium, & fait a funt abff divsno paritef dr humano reffiElu vaftationes Ecclefarum , Cr cades hominum: Exinde etiam corrupt a funt divitut par/ter dr huma- x* leges, fuse cjuihm non (ubftftit velDei Ecclefta , velImperii Refpuhltca : & ex indevio/ataeftftdes&pub/ica, &Catho~ Heat exinde etiam ilia crevit injuftstia, utpro ventate fa/fa teftimonia, dr pro fide Catholica,ahundent perjuria: ut poftquam Leges hello ft here coa£la,impleaiuriamifta Domini fementia per Ofee Prophetam: tyn eft veritas, dr non eft mifericordia,& non feiemia Dei in terra : malediUum, & mendacium, & komicidi- urn, & fur turn, & adulter turn inundaverunt, & fanguis ftn- guinem tetigit, Ipfe Diabolus videtur nunc de careere fuo folu- tm ejfe. Hinc public a civium contra Cives congrtfftones , aliis pro paftorihm legits mis, aliis vero contra paftores dimicantes : as he and 0 ) Gerhobus Richerfpergenfts wric of Pope Hilde- (o\ be invetli brands dayes. ga ! mu . 1 ft any man chance to cenfure me, as overharfti or earned syntag in my expreflions againft the jews ; I hope that fpeech their royal Propher, (a man after Gods own heart) Pf.139. 10,2 i,Z2. Do not I hate them, O Lord, that hate thee ? and am 1 not grieved with thofe that rife up againft thee ? I hate them ' with a perfelt hatred, I count them mine enemies : for they [peak againft thee wickedly j depart from me therefor eye bloody men will apologize for me } efpecially feeing thdt*Propofals are ,, ‘Hot onljr to be admitted and received into our Commonwealth under the protection and fafe* tear d of our Governors,PA THE Mana&h Ben natives themselves.,- and that all the Heads and fje- Israel in behalf ntrals of Arms may take an Oath to defend them upon alloccaft- °f the Jcwijh ons , that they may be permitted to traffich freely in all forts of 4 ^Merchandise as others ; but to be judged by their Judges in plote/ds! dijfitsrences between themfelves, according to the Mofaick Law : And to be allowed PUBLICK SYNAGOGUES, not onely in ENGLAND, but alfo IN ALL OTHER PLACES under our power; and TO OBSERVE IN ALL THINGS THEIR R E LI G I O N AS THEY OUGHT .• That m cafe there have been any Laws againft their J ewifih Nation, they To the Chriftian Reader. they may IN THE FIRST PLACE, and BEFORE ALL THINGS BE REVOKED. A clear evidence of an verlion of our only Lord , Saviour, Redeemer, Mediator, JefusChrift his Peribn, Offices, Kingdom, Gofpeland Chriftianity it felf,without any thoughts of turning Chrifti* ans themielves. As ManaffehBeuIfrael his printed Ad- drefles mofl fully difeovers. In which cafe not to be paffi. (s) 7(imb. 2.5. onately z,ealoMt,not to(s) contend earnefilyfor the F aith again f ij. Gal. 4.18. thefe ungodly men , turning the Grace of our God into lafcivi- oufnefs , and denying the only Lord God , and our Lord Jefus Chrifi j is in a great meafure to deny and betray them, toge¬ ther with our Church, & Nation at once,unto thefe their in¬ veterate enemies. For whole Converfion, (not National, but of the *very j,mall eleti %jmnant of them)as I fhall pray, fo I cannot but pray and write againft their Re-admiflion lefe, or any other terms, for the Rea- y prefented to thy view, and Chriftian 3 ude 3.4. * lfa. 1.9 Rm. 9. 17. amongftus on t fons here humb _ Confi deration, by Lincolnes-lme , 14 December ■, 1655. Thy Chriftian Brother, and Companion in tribulation, and in the Kingdom & Pa¬ tience of Jefus Chrift, William Trynne. A aA Short Demurrer to the fens long difcontinued Emitter into ENGLAND, * Ovv the Nation ofthe Jews ( once (a) Gods own beloved^ special, chofen People ) after iy. their (£) malittons crucifying of oar Savi- (b) Mis i.ii. our Jefus Chrifi, and imprecation) That 1 The Jf‘ 2 - l U ( c ) his Blond might be on them and their M . children , were for this ( 4 ) their crying fin ' * efjoecially , made the faddeft i'pe&acles of (d) i Tbcff. divine Juftice) and humane Mifery of all other Nations x *> in the World, being quite extirpated out of their owne Land, almoft totally deleted by the fword, peftilence, fa¬ mine; carried away Captives, aaddifperfed likefo ma¬ ny V agabonds over the face of the whole Earth, as the ve¬ ry off-icowring of the World, and execration, derifion of all other people , having noplace, City, form of Go¬ vernment, or Republike of their own, in any corner ofthe Univerfe; (according to Gods (fommmations againfi them , Levit. 26. t4.«4<5. Deut. 28.15.n? < 58 . Jer.9.io.r.i3. 24. Ezeeh. 5.2 .totheend. e. 12.15. c. 22.15. Mich. 1. 21. Mar. 24.) Or what banifhments, punifliments, oppofuions, reftraints by penal Lawes, luppreffions of their Synagogues, Ceremonies, they have received in all ages from Chriftian Kings, Princes, Republikes in Forein parts, for their implacable malice, blalphemie againft our Saviour JefusChrift,Chriftians, Chriftian Religion, and other Crimes and Mildemeanors to which they are moft [ addi&ed, is not the fubje& of my intended Brief Difconrfe , C and 2 A fhort Demurrer to the Jem and fo fully related by Jofephus, Ege/ivpus, Eujekius, Nr cephorus, Zonatas, Pait Ins ‘Diacoms, PaulEber, the 'JM.ag- deburgian Centurimrs, out of them and other Hiftorians, in their 2. to their 1 3 Cent dries, chap. 14, and 1J. in £«- his Annals* and Heylm YAicrocoi'm, p. 5*6%, 569, 570., where all may perule them? that I fhall npt fpend time to'recite them , "but wholly confine my felfi to a Brief Thjlation of their frfl admijjjontnto., their til deportment, mif- demeanors, fufferings, popular infurrettions agamPt them m, and their final ban 1 foment by Judgement and EdiEl of Parlia¬ ment out England, never to return again, collected out of the beft Hiftorians: to which I fhall lubjoyn, a tafleonly of ft \6%i.p. 39; This King was the FIRST that the lews to inhabit herein England. But this £a w concern- long discontinued Remitter 3 &c. wg the jews -mimed among* the Laws in the Co* f e (Tors - time, feems to prove their urival and lettlement in land) to be before this Normas reign; uniels mif-placed in point of time amongll his Laws by Hoveden beim ra¬ ther in my opinions Declaration of the Jews fervile con¬ dition under King William, and Richard the Ml., when Hoveden writ,then any Law in King Edwards reign, or be¬ fore, (among!! whole Laws or the Conquerors it is not to befoundin Abbot Ingulphus his Original copy, published by Mr. Seldcn in his Not a & Specilegwm ad EMmerum , p. x 72, &c.) as the words themtelves import. (e) De Jv.dxis m Rjgm Conftitmis. g „ S fiendumejl quo^, quodomnesjndxi, ubicunj ? i» %eE omnia fua Regis fmt. Quod ft ejsttfpiam detimeritZZt^kr eis pec tint amfkam, per qua-at Rex tarquamfuum proprium: cbam ' ' V or det inner it eos,ve! pecuniam eorum perquir at Rex ,ft vult, tanquam fuum proprnim , as Sir Henry Spelman renders it.) If This Law or Declaration (being the firft record making mention of their being,and conditioh in England-.) proves^ ’ That as all the Jews when they came firft “into England, were under the Kings prote&ion and patronage where e- /. ver they refided i fo that they were under himonly as his . / meer Naffals , their perlbns and goods being his alone; and that they could difpole of neither of them without his hcenfe : Into which flavifh condition they doiibtlefs then pur themlelves; (being bahifhed out of other Nations for their villanies)only to avoid the fury of the common peo¬ ple, to whom they were moll detellable, who elfe would have quickly murdered, Of fton‘d them to death,and lfript them of all their wealrhplts the fequel wit IdeePare. . The next Paffage in Hiflorians concerning the JevVs be¬ ing and'condition in England, is that of (/) mlltam of : CHalmsb'urydn William Rufus his reign. H>e je\vs(writes * pw * n h TS tim e gave I commandthee to return again to the %jligion of thy Nation-) without any more adoe. To whom the Young man anfwered, Tour Grace ( as I guejfe ) doth but ye ft. Where¬ with the King being moved, laid, What i thou dunghill knave , fhould I jeft with thee ; Get thee hence quickly , and fulfill my commandement, or by St. Lukes face , I fhall caufe thine eyes to be plucked out of thine head. The young man, nothin® abafhed thereat, with a conftant voice anfwered Truly Twill not doe it ; but know for certain, that if you were a goodChriftian, youwouldnever have uttered any fuels words ; for it is the part of aCbrtfkian, to reduce them again to C hrift, which are departed from him > and not to ftpar ate them from ~ - - C3 him ■Afhort De murrer to the Jem him, which are -oyned to him by The King herewith confounded, commanded the Jew to a va ne and a et him out ofhis fight; But hts Father perceiving that the Kin* could not periwade hxs Son to for fake the £hrifiiah Faith* required to have his money again, To whom the Kin- laid, he had done lo much as fid promilcd to doe- that was, to periwade him lb far a she mMit. At Idn-th when he would have had the King to have dealt further in the matter; the King ( to Hop his mouth ) tendred back to° himSf ° n ^rt f^r>m rete/ned the other' *chronuonjo. v ^yj} 1 ^ Ht/tory we may perceive what a prevailing ban/us Brom- E » u >-. the Jevvs money is, both to lcrue them into Chri-' ton. C0/.1O48. Kingdoms, though the moft bitter, inveterate, pro-- Uygdcn in bis felled Enemies of Chrill himfelf fhnifll l ' / A Poiychronicm ; Hiafiicv anH *u • Ier , vJiMiuans, and Chri- _ > inanity , and how their monev can indue •,=._ /~l • S &S;rf hl f’ “ d 1 ’°" ,t!,eir «o£,h?Sc n e’e*e n S:. centuri* Mag- 1 * an 1 winces to perpetrate ir.old nnchriH'ian, andantichri deb urge nfes: <*ian adhons; and enforce by threats and violence eve, centuri* n, c . converted Chrhtian Jews to renounce r t,„- ■ ^?f e -n^ ve - r 14. Mr. John tv ?hd J rU • c ? Ce theif Chrifilflm- ro Xm bis has Ki£ f he , ir ° rmer J evvifll Errors'whid andMonu- 3 .an quire renounced. And do not thev Hill wort mints, itf 40 even by the 1 elf-fame Money Enaine > nr^r ^ , t Wo ™ ni-i-tUox. manyChriHians,even WoreChriH hLrff^u-^ 7 -° C Richard Graf- Tn the j«> of o„r r - himfelf & ChflHiamty, toninbis tbro- v-; nfT c , J ‘ ? T t f Eord, 1145. during the rei°n oi nic lesp. , 6 . fo prefiimptuous in SnM Raphael Uolin- W *yts$ea d child .called William in 3 fad in his Norwich, in defifloil of 'Chri ft lay, v / •’ m clt X °* chronicle, Wit. Wefiminfler Flores Hi ft • Religion, as Mathew Monuments, V cc , ounc ’ lews opthf Fettff'tfg.Stf marr -j . , e ,ame Vol. l.p. 302 fi e d another child at St FHmonX l- f ma ^K*eband cxhci- Grafton in his was honourable interred T c Robert; who moiidV, JlXAlff 4 *? 7 * ck«* »/ grew famous by miracles there wrought ■, as VdfiHS long di\e great trouble and annoyance to them: thereupon in A 1 *' Holm ‘ year 1178. they petitioned King Wthe a Tba w atS‘, f »>«;«• ch«ch? ya rds .WtLSbe pities wherin they inhabited, in convenient places where P*»- Cent - they cpuldpurchalcthem, wherein to bury their dead - Ma * dcbur Z - 11 which he then granted to them. 1 1 c ff eol ' l 7l9, Nation e 7har h r e h^ eVVS T?* ^ <0 °* OUS co rhe whole slrley'tfu*. Na ion, that they would not permit them to bury their don > ?• 3 < 8 - WjMd < which was hkewife done through many Cities of England. And al though the King by his Proclamation , hacf decreed peace to the Jews, yet not with. ■'snding the fury againft the Jews kindled at Lon¬ don, not verily out o$ a z^sal of Faith, but of (fain, vehe¬ mently raged in oarer places of the Land. For a certain Jew at Lyme happening to be made a Chriftian; thereup¬ on the Jews persecuting him, as a prevaricator of their Law, taking an opportunity, aftaulted him with arms as he paffed throgh the city,whereupon he took fan&uaryin the Church ; yet not a ithftanding the raging Jews would not reft quiet for this , but with a continued fury pjre- lently began to aifault the Church with great violence- prefently hereupon there arofe a great clamor, and the Chriftians aftiftance was defired with loud out-cries. This clamor and fame incenfed the Chriftian people, and young men which were ftr angers, of which a great num¬ ber at that time reforted thither, by reafon of traffick; who running to the Church armed, valiantly a (faulted the proud jews, who being unable to refill the aflault of the Chriftians, prefently betook themfelves to flight- After which , the Chriftians aflaulting and taking their hou(es,(poy.led and then burnt them with fire. Hereupon the young men who were ftrangers, laden with prey, de¬ parted with it Ipeedily to their fhipst& (ailed thence, left they (hould be queflioned;& perchance inforced to reftore their booty by theKings officers.But the Inhabitants ofthe place, when they were quellioned for this by the Kings Officers, tranflated this fa6t to the ftrangers, who were then departed from thence; although themfelves were rot altogether innocent, taking up arms againft the Jews upon the out-cry; but vet doing nothing againft the Jews for fear ofthe Kings diiplealure. , N°t long after, in Lent there arofe a new ftorm againft the Jews at Stanford; for there being folemn Fairs there held ,,_ dijcontinuedR emitter^ &c, held in Lent , the young men and Souldiers who had ta¬ ken upon them the fign of th3 Crofie, and were then rea¬ dy to go to Ierufalem with the King, aflemblin? together there onto! divers counties, difdaining that the Je ws, F beill o the enemies of the crofie of Chrifi , pofielfed fuch ^ greatiiore of goods and wealth, when as they had not iufhcient to defray the neceflary expences of io o reac a « journey ; and imagining that they fhould do God °ood lervaee, if they afiaultedthele his enemies; boldly rufiied ®: u P on £ hem, no man oppofing himfelf againil fo ^reat ii! attempts : whereupon divers of the jews were (lain and thereii being received into the cattle , hardly efcapei with their lives , their goods being ail plundered, and the pin merer s departing freely away with their booty , none or them being fo much as quellioned , or punifbed by the ® Kings dilciplinc. The citizens of Lincoln hearin° what was done to the Jews of Stanford , taking occafion , and £ being animated by the examples of others, were willing s t0do Something again!! them: and being afiembled to- s gether againil the Jews inhabiting together with them , k became inraged again!! them. Buc thefe Jews being - made more wary by the {laughters and damages of others? ■: jomefew of them fuffering harm and damages, the rell t f|ed timely with their monies into the Royal Fort, and there fecured themfelves. In all other places wherefo- 2 ever the Jews were found, they were pillaged and flain by the hands of the Pilgrims, who hallning through Eng¬ land towards Ierufalem , decreed to rile up firll again!! the Jr' * J e ws; before they invaded the Saracens. Hereupon all the J ews w ho were found in their own houfes at 'Hor- wich were flain on the 8 of February ■> feme few of them only efcaping to the Callle. At the fame time, the Nobles t? an dGentry of Torke/hh-e, nothing fearing the Kings Pro- s c tarnation, the wicked Jews having by Ulury reduced them to extreme poverty, joyning with them lome holy foldiers,, brake up the Houles of the chief Jews, equal to Kings Palace,Hew their famiiies-jpoild theirGoods.& burnt their houfes in the night, 2 c then retired them' elves D 2 ^ to — **■■■ : : ‘ 12 A fhort Demurrer to the Jem — " " .. 1 ' ■ ■— — ?*+ to their homes in the dark. After which,the promifcuous multitude making an attault upon the Jews, ilevv them without diltiniiion of fex or age , except fome few who would give up their names to Chrilf in baptism to fave their lhes.Onthe 1 8 day of April, being Palm- Sunday, the reft ofthe Jew sin the City of Take, ( being 500 men and women, belides their children) fearing the violence ofthe Chriftians,fhut up themfelves within the cattle of Torke by the will andconfent ofthe Guardian thereof, and of the Sheriff; who being thus received into the cattle for their defence by the Guardian and Sheriff, would not af¬ terwards deliver it up unto them again. Whereupon the Sheriff and keeper of the cattle being much offended with them, aflembled the fouldiers of the county, and men of the city, that they might free the cattle from tho'e Jews, exhorting them to do their utmott endeavors to effect it: who when they had affaulted the cattle day and night, the Jews offered a great fumm of money to fave their lives; but all in vain, the people being lb incen'ed againtt them that they would not accept] it : whereupon a certain lew skillfull in their Law, flood up, andlaid. CMenof II- rael hearken to my counsel ; It is letter for jts to die for our Law, then to fall into the hands ofthe enemies of our Law-, and our very Law commands the fame thine. Upon which all the Jews, as well women as men,coofen:ed to his coun(el,ind every Father ofa family going with a fharp razor, firtt of all cut the throats of his own wife and children, and then ofhisfamily, catting thedead corps of thole whom they had thus facrificed to Devils, over the cattle walls, upon the Chrittian people. After which , burning their rich cloathes,and catting their golden Veflels and Jewels into Privics,that theChrittians might not be inriched by them, thefe murderers ftiutting up themfelves and the reft they had killed in the Kings houle, fetitonfire, andfoburnt brr h themfelves and it. After which the Citizens of Torke and the (ouldiers of the county burning all the Jews hou- (es together, fpoiled their goods, feized their poffeffons to themfelves, and burn’d all the charters of their debts. ' The long difcontinued Remitter , &c. The Kingbeing informed hereof, ani much incenfed,both for the contempt of his Royal proclamation andAuthority, and dammagetohis Exchequer, to which all the Goods and Debts of the lews, being Ufurers belonged, comman¬ ded his Chancellor to inflift due punifhment upon the authors of this Sedition. Whereupon, after Eafter, the Bi- (hop of Sly the Kings Chancellor gathering a great Ar¬ my together, came to Torke, to apprehend thole as ma¬ lefactors who had deftroyed the Jews of the city: And underflanding that this was done by the command of the Sheriff andGovernour ofthecaftle,he put them both from their Offices, and took fureties from the Citizens of the City, for to keep the Peace of the King and kingdom, and to Hand to the Law in the Kings court concerning the death of the Jews : and commanded the Souldiers of the County who were at the definition of the Jews, to be ap¬ prehended} but the chief of them flying into Scotland, efca- ped, not one of them all being put to death for this great Maflacre and Riot.- Henry de Knyghm, De Eventibus Anglu,\. 2. c.i 3 .gives this cenl'ure.of thefe daughters St popular tumults againft the Jews. The Zeal of the (fhrifiians conffired againft the 'jews in England > hut m truth not fincerely ,that is,for the caufe of faith- but either out of emulation and envy, hecaufe of their felicity, or out of gaping after their goods : The juftice truly of God not at all approving fuch things, but decently ordering t h em , that by this means he might punifh the inf olency of a per - fid ous Nation. He likewife addes ; that one Ioht, a mod bold Chriflian, flying from Stanford with many ipoyls of the Jews to Northampton, was there fecretly ilain by his Holt, to get his money, and thrown without the city in the night* the murderer flying thereupon. After which , through the dreams of old women, and fallacious iigns,the Ample people attributing to him the merits of a-martyr, honoured his Sepulchre with folemn vigils,and gifts. This was derided by wife men, yet it was acceptable to the Clerks there living, by reafon of the gams. Which the Bilhop hearing of, prefentlymifainided him, and propha- H A {hart Demurrer to the Jem Nota * ned the Monuments of this falie martyr, continued.by the iitidy ofiiinple and covetous peribns* I wifh no iuch plun- dercrs as this, might be fainted and adored in our a*e, as too many of them are, even before their deaths > who will be un-jain&ed after them, as well as this bold plun- derer of the jews. Mr. Pox in his A&s and Monuments, Vol. i. p. ,os. relaungthe ftory of the malTacres ofthejews this year out of the (flrronieleof IVeftjninfter, (kith: That there were no lefs than a thoufand five hundred of the lews defireyed at that time m\ ork done, ( behde thofe flaughtered in other places) fo that tins year, Mo the lews toekjo be their labile, was to them a year ofconfafion. Neither was this plague of theirs wdeferved, for every year commonly their aft cm was, to tret fome Chrsfitm mans child / rom the Parents, and on Good-pri- day to crucifie him , in define of ottir Tfeligkn. *Rog.de Hove- T K * n S Pgard the firlt, after his return out of the Holy den Annul.pars L ‘ )n d in the year 1x94.* appointed Iuftices Itinerant through fofterior )P , 743 all the Counties of England, who amongft other Articles 744 . vvereto enquire; Corning the flayers of the lews :who they were that few them? and concerning the pawns and chattels, and lands anddebts, and charters of the lews that were (lain ? and who had them ? and how much any one owed to them?, and . ™ at wrgages they had, and who held them ? and how much they were worth ? and who tookyhe ifines of them > and what they were, and that all the Morgages and Debts of the lews who were fain fkculd be taken into the Kings hands, and that thofe who were prefent at the flaying of the lew,, and had not made a fine ( or end) with our Lord the King or his Iuftices , (hould be yjyfided. and not delivered, unlefs it were by the King our Lordor his Iuftices. The lelf-fame year King Richard ap- LaW l’ and Orders > f or Preventing the frauds, 2 . pence, and the keeper of the roll the third Anlfl 1 V fmh, m contrail /ball i, m ad, with, nor lament Lad ^“T lorrsmor any alteration „ado of , bo Chmlrt, but before ’,t WSilZiZfeF 1 * “WrMlL, one roil of .ob'JLtoTlllZlZ7%f:‘ Vr 7lT fmh ™ roUon, Moreover, thing- L Llfc^ ^jM^*** a »y one fall conceal any *J/lL, l (f.? tyreveaittt0 theIftflices fentunto them- force- at frl^ aU ^ Athens, all falftfieri or /\jn , J °f ^farters, and clippers of moneys, where or when they fhall k»orv them, and likewife all falf e charters s 7 Bye TZ 16 A jhort Demurrer to the Jews * C oo\s i in* tilt, p $08. [ n ] Mat . mfl.kn.izio Mat.Varisy Hift. &ngk Iohn, ( who in the * i and 2 years of his reign, granted them large liberties, and an high Prielt for mo- *° 7> ney s ) in the year of our Lord L » ] 1210. commanded all the Jews of both fexes throughout Engl nd to be appre¬ hended and impriloned, and tobeaiHi&edwith molt grievous torments, that i'o they mighp fatisfie the Kings ttijt. Mgux. pleafure with their money. Some of them being grie- Londini 1^40. voufly tortured, gave all things which they had, and pro- p. n 9 . Holm- m p ec ( more , t hat they might by this means elcape fo ma- fi ed f l - 3 -t- ny kinds oftorments. Amonglt whom one Jew at Bri- Sfow,p.* 62 . pi, punifhed with various torments, when as he would & bis Survey neither redeem himlelf, nor lubmit to any tine : the King of London, p. comman ded his tormentors , that they fliould every day pull out one of his grinding teeth, until he fliould pay Wni Hift. * to the King ten thouland marks ot filver. And when at A ngi. 1. if. lafl for 7 days (pace they had pulled out 7 of his teeth > Cent. Magd. w ^ t h intolerable torment, and now on the 8 day the tor- mentors had begun the like work again; this Jew, an o- w* ver-flow \ rovider for his profit, gave him the aforefaid money, that he might lave the 8 too:h to himlelf, the other 7 being pulled out: who with much more wifdom, and lelfe pain , might have done fo before, and have ia- \ ed his 7 teeth, having but 8 in all. t ] ohn Stows In the 17 year f of King John, the 17 day of CMaytht ebron.p. 171. Barons coming to London , brake into the houles ot the Survey of Lon- J e yy S , and fear eked their Coffers to sfuff their own pur fee, den. p.z 88. J tbat y A n, een f 0 „g em p t y : After which they apply ed all dili- H?! gence to repair the Gates and Walls if the City with the pnes of ting. p. 314. the lews broken houfes. 315. Antiq. / 0 \ j n t h e year 1222. 7 H. 3. in a Council at Canter - Ea!ej p BT £inn' l ur J under Archbifliop Stephen , a certain Apoliate. Jew, //'.V?. * made of a Chriflian a Deacon,and afterwards apoflatizing, long difcontinued Remitter , &c. ij was there judicially punilht, whom Falco prefently ap¬ prehending 5 caufed to be hanged, as c Mat.hew Paris writes; but Bratton and others record, that he was bur¬ red to apses. * King Henry the 3. in the 11 year of his reign, Amo John Stow his Dom , 1 iz6. granted the lands and houfes of Benomye Survey of Lm. miatton , a jew in London , eicheated to him by a mur- don P* 183,18 ?* der committed by this Jew, to Semain and others? as ap¬ pears by his Charter of that year. Lpl King Henry the 3. Anno, 1230. wanting mo- ] Mat. neys, coniirained the Jews whether they would or Vans hift.Ang; would not , to give him the third part of all their P- 1*1-Mat. moveable goods, and that with all expedition. [_ q ] The J ews in the year of our Lord 1231. builded a Synagogue very curiouily , but theChrillians obtained Iqfjo. Stows of the King, that it fhould be dedicated to our blcjfed La- chronicle, f. dy , and was fince by the fame King Henry granted to the 13, *‘ Brethren of St. Anthony of Vienna, and called St. Anthonies Hoff ital. [r]In the year of our Lordi 23 3.King Henry the 3.at his D] Mat.Vans proper colls built in London, not far from the old Temple,a H i\t.Angl. p. decent houfe & Church,tufficient for a Covent,with other |||* g‘°^' p ' convenient edifices thereto belonging,called The houfe of jjf’ P ’ the (Jonverts. ( now the Rolls ) To which houfe the See John converted Jews flying, leaving the blindnefle of I-adaifm, Stow his under a certain honelt rule of living, might have a certain habitation, a fafe refuge, and a lufficient livelihood du- i8? * ring their whole lives,without lervile labour,and the gain ofUfury. Whereupon it came to palle, that in a fhort time there was gathered together in that place, a great number of Converts, who were there baptized and in- lfrudled in the Chriftian Faith, and lived laudably, being J governed by a skilfull Rector, ipecially appointed for that purpofe. This Houle of the converted Jews was founded by King Henry the 3. in the place of a Jews houfe to him for- * l0 ^ n s f omt feitedinthe year 1233. and the 17 of his reign, who builded there for them a fair Chutch, nowufedand cal- p ft < E led i8 J fhort De murrer to the Jews led the Chapel for the cultody of Rolls and Records of Chancery ; It ifandeth not far from the old Temple and the new, in the which houle all ftich Jews and Infidels as were converted to the Chriftian Faith, were ordained and appointed, under an honehtule oflife,fufficient main¬ tenance : Whereby it came to pafie, that in fhort time there were gathered a great number of converts, who were baptized, inliru&ed in the Dodfrine of Chrift , and there lived under a learned Chritlian, appointed to go¬ vern them. Since the which time, to wit, in the year i 2 9o. All the jews in England were hanifhed out of the %jalm , whereby the number of converts in this place was decayed, and thereforein the year 1377. this Houfe was annexed by-Patent to Wtlliam Bereftal Clerk , Custos Rvmlorum , or Keeper of the Rolls of the Chancery,by Ed- • * w ardxht 3. in the 51 year of his reign, and the firft Ma¬ iler of the Rolls,who was (worn in tVeftminfi. Hall , at the Table of Marble • lince which time that houfe hath been commonly called,the Rolls in Chancery lane . Notwithllan- dingfuch of the Jews or other Infidels as have in the Realm been converted to Chrillianity and Waptized,have . . been received there; for I find in record, that one tVilli- HtH aIS a Jew that became a Chrifiian, was baptized in 409'Mat .' the 5 of Rjchard the 2. and had 2 d. the day allowed weflm.p. 135. him , during his life, by the laid King(out of the Rolwfhedyol. Rolls.) f T 1 Kin g. ffenry'm the year 1235. keeping his Court A fts& Mon, and the Nativity at fVeJlminfler , with many of his Bi- Voi, 1^,413.. Ir.ops and Nobles, there were brought before him; upon speed p. 511. the complaint of John Toly, 7 Jews, whohadcircumci- Volychromcon^ Rd a certain child in Norwich , whom they had llollen a- m pan 7. p. ‘ • i ' on } his Parents, and kept for a years fpace from the 46. Grafton fight of Chriltians; intendingtocrucifie him on the Feaft p.ij.2. Mai , ot EaFter . But being convicted for this fa 61 , they con- EcdBn-T jrj® 1 the truth of the thing in the Kings prefence: and 178.RM cianf fo be , in g ac che Kings plealure, both tor their life and 2 8 it. 3. ct, i* members, were detained iiiprifon for this fadf, and feme 3. of them drawn and hanged. M In long discontinued Remitter > &c. i [/] In the year of our Lord 1240. the Jews circumciied Vito at.Paris a Chriftian child at Norwich , and being circumciied, they P- p 1 - J ohn called him Jurmms , butrelervedhimtobe crucified in bty’ftondn contumely of Jelus Chrilt crucified. But the Father of p. z8 ? , ! the child 5 from whom the Jews had ftollen him,diiigently leeking after his Son, at the laft found him fhut up in the ctiftody of the Jews; and with loud clamours declared, > that his Son, whom he thought to have been loft, was wickedly kept up in the Chatnber of a certain Jew. Which great premeditated wickednefie coming to the know¬ ledge of the Bilhop Willi am Role ^ prudent and circumfpedb man, and of other great men, left through the flothful- neffeof the Chriftians fo great an injury of Chrift fhopld be palled by unpuniihed, all the Jews, of the City were apprehended} and when as they would have defended theml'elves by Regal authority; theBifhop laid, Thefie things belong to the Church , and are not to be determi¬ ned in the Kings Court, feeing the Queftion to be difeuf- fed is concerning cireumcifion , r and the breach of faith. Whereupon 4-of the Jews being conviaed of the afore- faid vyickednefle, were firft dragged at the tails of Horfes, and at laft hanged on the Gallows^ lamentably breathing forth the reliques of life. ■ • The Proceedings in this New cafe I find thus recor¬ ded in the Ptacit a of iS H. 3. rot. 21. thus endorf- ed, Pticmm toquel& de Iud&is Norwich , qrnfunt m Prifona apudLondon. Benedicts phyfeus appellat Jacobum de Norwich Judstum, quod cum O da r dixs^f Hus fans puer etatts 5 annorum ivit ludendo in via Villa Norwich vigilia San- fti Egidii 4 annis elapftsyvemt idem Jacobus Judamse^ ff«- pit emdem Odardum & eumportawt ufq s ad domum fuam 6 ctrcftmctditeum in membro fuo->& voluit ipfum facere Ju- &eum retinuit per mam dtem-& mam nottem in do- mo [u.a-> quoufq, per clamorem vicinorum venitad quandam domttnrjpr ilium invenit in manibus ipjtm Jacobi, 3 fc ipfum j)ficrum circumcifum monftravttOjficialiKrchidiacom3Co~ ronatoribus ipf0 die-, quiprafentes final & hoc idem teflan- tw ; Qui diemx*) quod viderunt pradittum pucrum circumci- 1 E 2 - , / A Jbort Demurrer to the Jews fum,& qui habitit membrum fuum grojfum & valdi mftatum^ £r it a aturnatum ftcut pradiblum eft • Et qucd hoc nequ'.ttr fecit & tnfeldnia , & in dijpdlu Crucifix's & Chriflianitatis , & in pace Domini'Rjgts, et quod ipfe non potuit habere in per- fortiam Chriftianorum , offert difrationare eum ftcut Curia confiderabit. Et poftquam circumciderat eum vocavit eum Jumipin, & puer vfus coram fufticiarus, & liquidum eft- quod circumcfus erat. Idem appeilat dcforcia & conftlio Leonem ftlium Mar®e- ri efenior, & filium Jofce Bodon. & plures alios Judaos , qui omnes veneruntprater Dedonejoppe, Benedidium Mo¬ les & Ifaac, & hi totum defendunt Jicut Judaei verfus Chri- ftianum . Voftea pradittus puer, qui tunc fuit at at is J annorum, & nunc eft atatis 9 annorum, requifttus quomodo circumfcidermt eum ? die it, quod ceperunt eum, et adduxerunt eum ufque ad domum ipftus Jacobi; & urns illorumtenuit eum & coopo- ruit ocutosfuos , & qui dam alius circumcidit eum quodam cul - tello, & poftea capirnt peciam illam quam[cinderant de mem- bro fuo,&pofuerunt in quodam vacyno cum fabelons, & quo fuerint peciam illam cum parvis lufflatis quoufque qmdam Judaeus qui vocabatur Jurnepin mveniteum primo,(tunc)vo- eaverunt eum Jurnepin. Et Officialis Archidiaconi venit coram fufticiariis cum magnafetta Sacerdotum, qui omnes dixerunt tn verbo ‘Dei, quod pradiblus puer ita circumcfus fuit ftcut pradibtum eft, et per pradittos Judaos , & quod viderunt pradittum puerum recenter circumcfurn, habentem membrum fuumgrojfum & valde inflatum et fdnguinolentum. Et Coronatores de Comitatu, et CoMnatores de Civitate Nor- wici, & 3 6 homines de villata de Norwic. Jurati venerunt, & iroue ( inveniunt ) utfuit circumcfus, &c. Etquodjuxta n- parn Norwic. ilfuittroue ( fuit inventus ) ululans & pld- rans verunum Maude de Berneham, & fa file, & que i luj ameftont a lovrmeafon -, ton efteaut les levees veigne & dioit, queilfuit fudaumfuum ; & vocaverunt eum Jurnepin> &c. 'Et quasi da Judaei non potuermt eum habere propter Chrtshams, . ■ ’• d: 1- pro- long difcontinued Remitter, (?c» ii Jrohtbitermt lidem Matildas, Ne dmret eilarnem forewarn M manducandum • dtxerunt, if [urn ejfe judi am. It a quodper vim verierm Chrtfiiani & abSlulermt puerum prad. Hum amanibus Iud&orum. , . Et Maude examine confejfe ceo tout, &c. Et omr.es ludat Cunt m prifona apud Norwich, prater illos qut fueruni apud London,inando bac InqmfittofaHafuh. Etomnes Iuratores requifiti Qui mterfuermt ad Circumcifionem tllam. a cunt. Ouod omneTrradiHt fudtifuerunt conf entientesfallo 1U0,pra¬ ter Maffi films Saloni. Hac autem omnia fatta fuerum m Curia Domini %egh apud Norwic, & Erambus Pradicato- ribtts, & Fratribus ^Minoribus, & pluribus alits tarn Uen- cis, amm Laicis prafentibus. Et tom ceofuit tefiifjr, per Ric, de Trcfinefield Confiable de Norwich, & amers. Pofteacoram* DominoRege,C^ Domino Cantuar. & *AfTcmbIed in Majori parte Epifcoporum & Baronium Arg CAfatifie P’«u acciditmCHrtaVoTmm Jitg:. & an( j doubdiiil praterea quiafaHum illnd f rim o tangit Deum , CT fault am Cafcj were l# Ecclefiam, eo quodCircumcifio& Baptifmusfmt fertmentia be decided. ad fidem ; et prtterea non eft tbi talts felonta , vec amijfio mem - bri-> nec UMahemwm, rtec plaga mortalis, vel alia felonta Late a qua polfit hominem damnare, [me Mandato Santta tc- clefu iCon/ideratum efi, quod ifiud in primo trail etur m fanil a Ecclefa , et per Ordinariumloci inquiratur ret vemtas Et mandetur Dommo %egi mum Marcum auri perfic,quod puer videatur coram Iufticiarits, ft circumdfus fuit, vel non ; & recif itur. St vifus efi puer, et membrum ejusvifum efi, pelleeoopertum ante inC^te: Et in tali Hatu liberatur pa tri fuo, ut eum babe at coram Iudtcibus Ecclefiafiicts , cr pf Iudai remaneant in Prifona. So far this Record relates the proceedings in the Kings Court, and in¬ forms us what they afterwards did m the Bifhops. It feems the Citizens of Norwich upon this occafion fi¬ red the lews Houi'es in the City: or in \ mr 'Ll inDorfo, I find a complaint ot the Citizens ot Norwich againll the Sheriff of Norfolk., for certain injuries done unto them , in entring their Liberties , be^v- their Servants, and ayding the Jews; who jufiified th^ JCi A 2 6 A Jhort Demurrer to the jews what he did, was hecmfie the Citizens had firedtke lews hot*, fes; Which btifinefs was debated before the Kim a t Brcmkolne. Aad.becanfe the BaylifFsofthe Town made no Inqmfition concerning thele burnings, and beatings of their Servants, as belonged to their Office, nor made anv emendation thereof, neither would the Commonalty of the City it felf, in defence of their Liberties, permit the !? er 5 ^ Nor f olk ~ e }° refor m it, it was adjudged, that they i-iotLc.be in the Kings mercy, as well for their Liberties as for the other things, and after paid a fine of fifty V •T he very next year the Jews in Forraign parts, efpeci- M'jm Germany, believing, that the Tartars were of their own Nation, entred into a fecret League with them, to deiiroy the Chnffians, and fubdup the whole world to tnemlel ves; to which end they provided many Hogfheads hlled with arms to be tranlported to the Tartars ; preten¬ ding ro the Chnlfian Princes, that they were Veflels filled only with poyfoned Wines, wherewith they intended to poyion and deflrby the Tartars^ ho would drink no wines butluch as were made by the lews. But this their trea- chery being dete&ed by the Gulfomers in Germany , who found thefe pretended Veifels of wine, to be fraught with arms for the Tartars wherewith todeftroy the Chrillians • thereupon the lews were delivered to Tormentors, to be perpetually impnioned, or flain with their owne lvvords, as Matthew Vans more at large relates. , to read thole f-r&ly .JSSSSbiS of the SdH“ntfe f “J ccmraa.cn *=rand M^rcfie^tr e EiW, '”? TCC ^ he tV mmcs, and that the childlas fold 11^.“? for ' whom? or to what end, they could not find 7n rb r ° time, certain of r t , nr l a * il3 cbe flrghtlnevmmraum 7«f„ ™ ok ?!'=«ec and Bidden dered diemfelvea K e *?ed S3 ? y ‘ h ‘«“ y lhin 8 ren " IcMhad wronger mSforfhtS Was found, thatthp Ia«, c J „iu C • * , nd becaufe rt fuch wickedneiV an W l P^.' 1 ®* 55 had perpetrated folemnly reedvedTn rh^ri?^ ^ odl j S , ^ ffac ^ ed had been ned briahH • u ■ , C hurch,and likewiie to have fhi- wounds appeared not infhe ,f ch ? u S hxhe Points of the $ laid corps^a therJfni handsandte « & fide of the Wav,and lolemni i 3 - n j fiS to °k it violently a- ^*Af t ? y ^bur 1 ed ItmtbeirChurch) nMflr f l m ( >*<_(«) The -f "7 34 ^ Jfeert 'Demurrer to the Jews riff. $ 4 ** [^]The fame year ( 1241. ) - The Barons in Parlia¬ ment ordered 5 That there fhould be one Juflice at the leatl appointed for the je ws,by the nomination of the Par¬ liament. | z. ] In the year of our Lord 1250. King Henry the 3d. [ Pa-burning with a covetous defire, commanded money to m,p.778, b e extorted from the Jews without all mercy, io as 779 >J 8 ^- t hey might feem to be altogether and irrecoverably im- ^ohnStowbis poverifhed; exacting what monies ibever they had in survey of Lon- their chelts. Notwithftandiug, although they weremi- don.p. 28 ?. lerab'.e , yet they were pittied by none , becaufe they Sir Richard were often proved and convidled to have been counter- f 120: See Rot', feiters as well of monies as of feals. And to pafle by the Vat. 33. h. 3. monies of others, we Hull only mention one ■> that their in 4 . Rot. Fini- ma lice may the more appear to them. There was a certain nm. 33 H- 3 - w * r ich Jew , having his abode and houfe at Berkamficde , 6. Rot.Fm. 34 anc j yy a m M Qf or( i ■ Abraham in name, not in faith: who H.fjn, i.2.. waS ver y d e ar to Earl %jchard , who had a very beauti- full wife, and faithful to him, named Flora. This Jew that he might accumulate more dilgrace to Chrill, cau- ied the Image of the Virgin Mary , decently carved and painted, as the manner is, holding her Sonne in her bo- lom. This Image the Jew placed in his houie of Office, and which is a great flume and ignomv to exprefle, blaf- pheming the Image itfelf,as ifit had been the very Vir¬ gin her ielf, threw his moll filthy and not to be named excrements upon her, days any nights, and commanded his wife to do the like. Which when his wife law, after fome days fhe grieved at it, by reafon of the Sex, and l palling by lecretly, wiped off the filth from the face of the lmage moll filthily defiled. Which when the Jew her*.husband]had fully found out, he therefore privily and impioufly llrangled the woman her felf, though his wife. But when thele wicked deeds were difeovered, and made apparent, and proved by his convi&ion , al¬ though other caufes of death were not wanting, he was thrult into the moll loathfome Catlle of the T ower of Lon¬ don . W hence to get his freedom, he molt certainly pro- miled, l long dif continued Remitter , <2 c. miied •> That he won d prove all the >w*/England, to have been moft wicked Trattars. And w hen as he was creatl v acculed almoft by all the Jews of Sngland , and they en¬ deavoured to put him to death , Earl Richard interce¬ ded for him. Whereupon the Jews grievoufly accufin* him both of the clipping of money, and other wi'cked- nefles, offered Earl Richard a thousand marks, ifhe would notproteCl him; which notwithftanding the Sari v An- fed, because he was called his Jew. This Jew Abra¬ ham therefore gave the 700 marks, that he mi^hr be freed from perpetual imprisonment, to which he was adjudged, the Earl alibiing hin^ therein. The Kin* thereupon at the fame time lent the Jufiices oft he Jews throughout all England, tofearch out all their mony both m Debts and Poffeflions, and with them a certain molt wicked and mercilelTe Jew, that he might wickedly and lalfly accule all the reft againlt the truth; who verily repre¬ hended the Chriltians, pittying and weeping over the af¬ fliction of the Jews , and called the Kings Baylitfs , Inhe¬ re arm and effeminate \ and gnafhing with his teeth over every jew , affirmed with many great Cathes, that they could give twice as much more to the King, then what they had given, although he moft wickedly lyed a^ainft his own head. This Jew, that he might more effectual¬ ly hurt the reft , revealed all their fecrets dayly to the Kings ChriftianExa&ors. In the mean time the Kim celled not to ferape money together from all hands, but principally from the Jews ; fo that from one Jew alone- born and living in TTorkj called Aaron,{ becaule he was convicted offalfifying a Charter, as was reported ) he ex¬ torted 14000 marks, an i iocoo marks of gold for the Queens ufe , for a little times refpite, that he mmht not anguifh in prifon. All which Turns being paid', °it was tonnd that this a Aaron had paid to the King f.nce his re¬ turn from foreign parts , 30000 marks offilver, and two Hundred marks of gold to the Queen, as the laid Aaron upon the atteftation of his honour and faith averred to ■Matthew Pant, who records it, Yet not withftanding, al- - F though _ rt A fbert Demurrer to the Jett* thoughthejews mightbepittled, yet were they piujcd by no man; feeing they were corrupters and counterfeiters of the Kings money and of charters, and mamfettly and frequently proved, condemned, and reprobated as uch. Kin Henry, tSlnno 1251. Decreed to dejt roy all the lews in lots ICtnodom-jout fome ofhis Counlellors dilTwaded him from it, id that they fhonld rather be left «Th- tl.mApM- bonds, like Calm that their [Cilery by this means might be cc, 'cent.Maid, j ec before the eyes of men in all ages. Whereupon the ije. 15. col. j£j n c S mind was mitigated? and his Decree abohfhed. I18J * Notwithrtandin ohefenoufly prohibited them the eatmg of fiefh in Lent , and ok Fridays. , . r .(i I Ph Up Luuel , 'Clerk, called to the kmce of the r, Kim, and deputed to the cullody of the Jevvs, Anao M f fj*' I 2 ?1 . was grievoufly accufed before the King, his adyer- P ' * faries affirming, that when he and Nicholas of St. Albans Clerk, were fent towards the Northern parts to tax and fqueeze the Jews, he privily received molt precious Vet- fels from a certain Jew , that he might lpare him in his Tallage to,.the Kiag; and that he hkewife took le- cret gifts from others, that he might [pare them; and that he oppreft thefe Jews notwithllanding., to the dam- mageof che King, and the violation ofhis Faidi. Where- upon the King being very angry, commanded him- lelf to be unworthily handled, until he Ihould fatisne him for this great ttanlgreffiom. Philip hereupon, a crafty andcircumlpea man, humbly craved advice andkffitt- , ance from the Lord John c Manfel , the Kin*s Prime Corni- lellor, concerning his great tribulation, became he naa promoted him to the Kings fervice, who effectually pro¬ cured that he recovered the kings favor,givinghim a great fumme of money for it, a thoutand marks as was reporte , Yet notwithftanding he was removed fromhis Office,ana not a little difgraced. . , „ , , It feems the kings Officers could fleece the Jews: in that age, by fecret Bribes and Gifts, as well as himleffiuy intollerable Exa&ions. _ „ , _ , Cra 1 b~\ King Henry the III. to fatisfie the Popes delire ns,lhuW. in taking a Voyage to the Holy Land, sAnno « x * long dijcontinued Remitter , &c, 27 torted from the Jews what'.oever thole milerable wret¬ ches might leern to have , not only by (craping or exco¬ riating, but even by unbowel ling them. Being alfo an Hydropical thirlier after gold, he lo greedily lucked ta¬ lents,or Bullion,or Jewels, as well from Chriflians as Jews, that a new Craffus might leem to be railed from the dead. And this very year Robert dc la Ho , to whom the king had committed the cullody of the Jews, and of the Seal which belonged to their Exchequer, was grie- voufly acculed before the king, being charged with this crime , That he had opprelfed the innocent Son of a cer¬ tain knight, by a certain falle Charter, confirmed with the Seal, of which the laid Robert , Inflict of the lews, was.the nearer and keeper. Whereupon he was bafely apprehended, and committed to a dole Prilon ; and de¬ famed with the like Icandal wherewith Philip Lmel but the year jult before had been intangled in the lhares of the perfidious Jews, who was then their luftice. At lalt, by the gt eat labour of his friends, the malice of the Jews is dete&ed , but the innocency of the (aid Robert then let free, icarce declared. Whereupon being put from his Offices, he openly paid 4 marks of gold at lealt for his fine. [ c ] This very year (12 J 2.) there came out of the ho¬ ly Land a Mandate from the king of Prance , that all the [ c ] Mat,V Behold the King of France hateth andperfecuteth yon , and hath condemned you to perpe¬ tual exile , fhmning Charibdis, you defire to he drowned in Scylla. And fo the frnall little lubttance , which was left to them for their mean fuftentation, was violently ex- . torted from them. (g ) King Henry the 3d. A11.11J 5. exacted with great (s) Mat.Vxd^ earnelineis from the Jews, although very frequently im- -| 01- Mat ' poverifhed, 8000 marks, to be lpeedily paid unto him 'iiolwjhed,Vol, under pain of hanging. But they feeing nothing elle hang- s.p.iyt. ’John ing over them, but deltruition wi.h confufion , anfwered Stows Survey all unanimoufly. Sir King,we fee that thou ffarefi neither °f London,p. Chrifi.ans , nor 'lews,hut ftudieft with crafty fetches to impove- \\ 9 ' H St l rtfi? all men : we have no hope of rejpiration left us : the ZJfn- dorf. & z. & ' rers of the Pope have fupplanted us ; permit us to depart cut of 4^. H. 3, m,i r, thy kingdom with fafe conduct ; and we willfeekjor our /elves fuch a manfion as we can , he it what it will. Which when the King had heard, he cried out with a querulous voice, lay¬ ing : It is no marvel if I covet money , it is an horrible thing to imagin the debts wherein I am held bound, By the head of God , they amount to the fum of two hundred thoufand markj) and if I fhouldfay of three-, I Jhould not exceed the bounds of t'uth. / am deceived on every fide. I arts a maimed and abridged King , yy Mat, Varts yea , now but an halfed King. For having made a certain efii- p.piz. Fabian mateof the expenses of my rents, the fium of the annual rent of pwt.y. m 3 . Edward my Son amounts to above 1 5 000 marks. There is therefore a necejfityfor me to live of the mony gotten from what Jo, ’ place foe-ycr, from whomfoever , and by what means foever. chronicle, p. Therefore being made another Titus, or Vefpafian, he fold * 9 ° -Survey of the Jews for iome years to Earl Rjchard his brother, that ff ,K f r, 1 >P- thofe whom the King had excoriated, he might evilcerate. Holmfbe^pJ* Yet the Earl Spared them, considering their abbreviated jjj. Bolins power, and ignominious poverty. cent. 4. c. 22.’ {h) The Same year, about the Feall of Peter & Paul , the f olhW - Major Jews of Lincoln (Sole a child call’d Hugo, being 8 years old, Uagd^if.^' and when as they hadjnourifhed him in a certain molt fe- {,14, fJ.'uSjj- F 3 erec 3 ® A jhort Demurrer to the Jem crec chamber, with milk and other childilh aliments* they Tent alrr.oh to all the Cities ot England wherein the Jews lived, that in contempt and reproach of Jefus Chrilf, they il.ould be prefent at their facrihce at Lincoln :for they had, as they faid, a certain child hid to be crucified. Where¬ upon many aflembled at Lincoln. And comming together, they appointed oneX ncolm Jew for the Judge,°as it were’ for Pilate. By whole judgement, by the cogent of all, the child is afiliaed with fundry torments.He is whipped even unto blood and lividnefs, crowned with thorns, wearied with fpittings and fhriekings: and moreover he is prick¬ ed by them ail with ponyards, made to drink gall,daided with reproaches and blalphemies, and frequently called Ifota. ^ them with grinding teeth, Jefus thefalfe Prophet. And afterthey had derided him in divers manners, they cruci¬ fied him, and pierced him with a fpear to the heart. And when the child had given up the ghoff,they took down his body from the crofs, and took the bowels out of his corps, for what end is unknownjbut it was laid it was to exercife Magical arts. The mother of the child diligently fought for her ablent fon for iome days, and it was told her by neighbors, that the lafl time they favv her child whom fhe fought, he was playing with the children of the Jews of his a g e , an d entred into the houle of a certain Jew. Where¬ upon the woman fnddenly entred that houle, and law the body of the child call into a certain pit. And having wa¬ rily called the Bayliffs of the City together; the body was lound and drawn forth; and there was made a wonderful lpedfacle among the people. But the woman, mother of the child, complaining and crying out,provoked all the Ci¬ tizens there aflembled together, to tears and fighs. There was chen prefent at the place Iohn de Lexinton , a circum- 1 pe£f and difcreet man, and moreover elegantly learned, who laid. We have fometime heard , that the Jews have not feared to attempt fitch things in reproach of Jelus Chriit, our 1 ' X;' crucified Lord. And one Jew being apprehended, to wit, he into whole houfe the child entred playin^ > and there- fore more fulpedfed than the reft; he faith unto him. 0 wretch'. % long discontinued Remitter , &c. wretch ! know eft thou not that ffeedv deftruttion abides thee ? Allthe gold of England will not fuffice for thy deliverance or redmption. Notwithftanding I will tell thee? although unworthy, by what means thou maift preferve thy life and members , that thou maift not be dilmembred. I will fave both to thee, if thou doft not fear to difcover to me whaf foever things are done in this cafe without falfhood. Whereupon this Jew, whole name was (fopin, believing he had thus found out a way ofefcape, anlwered, faying^ Sir John, if thou makeft thy words good by thy deeds? 1 will reveal wonderfull things to thee, and the induftry of Sir John animating and exciting him therto, the Jevv raid- Thofe things are true which the Chriftians fay. The jews almoft every year crucify one child, to the injury and contumely yy ota , ofjefus ■ but it is not found out every year :for they do this fe- cretly, and in hidden and moftfec'ret places-. But this child whom they call Hugo, our lews have most unmercifully cruci¬ fied, and when he was dead, and they defired to hide him being dead, he could not be buried in the earth• nor hid. For the corps of the innocent was reputed unprofitable for Divination , for he was unbowelled for that end. And when in the morning it was thought to be buried\ the earth brought it forth , and vomited it out, and the body fometimes appeared inhuman , whereupon the lews abhorred it. At laft it was caft headlong into a deep pit, neither as yet could it be kept jecret. For the importunate mother diligently fe arching all things, at laft (hewed to the Bai¬ liffs the body {he had found. But Sir John notwithftanding this, kept the lew bound in chains. When thele things were known to the Canons of the Church of Lincoln , they reouefted the body to be given to them, which was gran” ted. And when it had been lufficently viewed by an in¬ finite company of people, it was honourably buried in the Church ot Lincoln, as the corps of a moll precious martyr. The Jews kept the child alive for iodayes, thatbeingfed for fo many dayes with milk, he might living, fuffer many forts of torments. When the K. returned from the Nor¬ thern parts of England, and was Certified of the premiles, he reprehended Sir John-, that he had promiled life and< 2 A fbort Demurrer to the Jews members to fo flagitious a perfon, which he could not give ; for that blalphemer and homicide was worthy the pumfliment of many forts of death* And when as una— voydable judgement was ready to be executed upon this Oiiender, heieixd* C Tbty dciith ts how ttpyroetching ^ nathcT can my Lord J ohn preferve me, who am ready to perijh. I now JZota. r ‘ Ute . the truth t0 7 0K al1 - Almoft all the lews ^/England con. '■ fented tothe death of this child, whereof the lews are accufed: and almofl out of every (fity in England wherein the lews in - hah it, certain choftm per Jons were called together to the immo¬ lation of that child, as to a Pafchal Sacrifice. And when as he had fpoken thefe things, together with other dotages, being tied to an horfes tail, and drawn to the Gallo ws^he was prefented to the aereal Cacodaemons in body and foul; and 91 other Jews, partakers of this wickednefs, being carried in carts to London, were there committed to priion. Who if fo be they were cafually bewailed by a- ny Chriftians,yet they were deplored by the Caurfmi (the Popes Italian Ufurers) their corrivals with dry eyes. Af¬ terwards by the Inquihtion of the Kings Iuflices, it was dilcovered and found ; That the lews of England by Com¬ mon counfel had flain the innocent child, pmifhedfor many days and crucified. But after this the Mother of the faid child conflantly profecuting her appeal before the King againft them for that iniquity and fuch a death ; God the Lord of Revenges, rendred them a condigne retribution, accord¬ ing ko their merits; for on St. Clements day, 88 . of the richeft and greatell Jews of the City of London, were drawn and hanged up in the air upon new Gibbets efpe- cially prepared for that purpofe, and more than 1 3 others were referred in the Tower of London to the like judge¬ ment. 0 I have tranferibed this Hiftory at large out of CMatthew iy 'i ’ Sy - w jflourifhed at that time, becaufe our other 1 1 .°f 1 .^ ns doe but briefly touch it,,, and becaufe it un- eniably manifefls the trantcendent impiety,blafphemy, malice, perlecution) and obloquy of the Jews againfl our ^Saviour JelusChrilf, and Chriftians, and their conftant, ul’ual long discontinued. Remitter , &c. 35 ufual pra&ife of crucifying children almolt every year, in contempt and reproach of our crucified Saviour, by common confent; which Mr. Nye conceived might be eafily wiped off, as falfe, & not fully proved or charged on them by ourHiflorians, which thisenfuing paflage con¬ cerning thefe Jews will further ratify, (/) Certain infamous Jews being 71 in number, ad¬ judged to death by the oath of 2? Knights, for the mife- rable death of the child crucified at L ncoln , being refer- ll ' ved in the Pri.ons of London to be hanged Anno 12 5 6 (the year after their condemnation ) fent iecret MefTengers to the Friers 'Minors , ( as their enemies affirm ) that they might intercede for them, that they might 6e delive¬ red from death and prilon , being notwichlianding wor¬ thy of the moll fhamefull death. Whereupon they ( as the world reports, if the world in fuch a cale be to be credited ) by the mediation of money , freed them by their prayers and interceflion, both from the prifon and from thedeath which they had deferved; led thereto with a Ipirit of piety, as I think is pioufly to be believed: Be- caule fo long as any man is in life, and in this world , he hath free-will , may be laved, and there is hope of him. But yet for the Devil, or the manifetfly damned, we are not to hope nor pray, becaule there is no hope of them, for death and a definitive lentence, at once irrevo¬ cably intangle them. Neither could this anlwer excufe theMinors,lor although they were not guilty,yet the Ican- dal did defame them. ’ The common people now hath withdrawn theit hands, that they doe not benefic them with their alms, as heretofore , and the Londoners devo¬ tion is grown cold towards the cMinon'tes, For procuring thefe condemned Jews life and liberty, whole money (it feemeth ) could even corrupt thele very felt-denying Po- pifh Saints , who had renounced the world in hanit, but not in heart. r , . . ( k.) All the Prelates of England -in the year 1257. A ddkamma[ drew up certain Articles in writing concerning their li-p.201.z07.* berries, which they intended to preient to the King, and Nobles, to be ratified by them in Parliapaa^f in due fea- - i /IS 54 ‘ fktrt De mrrtr to the Jem Ion j whtrtUi they complain i Artie. 3 2,3 3. 7 /W when as {he lews are coivMed before the Ecdef&fticd Indies for delinquency againft ** Eedifuftical perfon, or for Eulefut- JNcdl things , or fit facriledge, or for lying violent hands up- en* Clerk* or for adultery w th a (fhriftUin woman ; theco- v,ufms of the caufe is hindered by the Kings prohibition', becaufe it all«*g*tih that they have their propes- judge , the Sheriff of the pi fee, and their proper delegated fudges, who may and on git to bate conufance of thefe things. And yet if they be con¬ verted by a (flergy-man or Lay-man before them for fuck things upon the denial thereo f by the perfon alone-, by theftmple affiertionof another lew, andof one (jhriftian > without the ad- mimftring of anOath\they purge tbemfelves-the proof of the pro- fecu tor being utterly repelled . Item , IfXommunion be denied to them by the Church becaule they bear not their Table or fign, or oecatiie they retain Chriftian Nuries againft the Precepts of the Church i or if they be excommunicated tor iornc other excefTes; the Baii.ifts ( or Officers ) of the King commu¬ nicating with them, command on the behalf of our Lord the, King himfelf, that they be not avoided by any, and caufe tiiem to be admitted and recei ved to Communion. Againft which grievances in derogation of Eccleiiafti- cal jurisdiction , the Bifhops then thus provided. And becaufe in Eke manner the Office of the Prelates is hindred wl. cn as it happens a lew-offending againft £cclejiaft:cal things andperfons fhall be conventedfor thefe things before them , and for other things which appertain to thetrEccleftajhcal Court of meer right; We provide , that the lew notwithftanding fhall be compelled to a freer in thefe cafes by the interdict of commerce , contrails and Communion of the fahhfull: likewife the inhi- biters, hinderers anddiftra'mers fhallincurre the punijhments of interdiction and excommunicat,on. prjM^t.Piiw; ( / ) In the year of Chrift 1259* On the Feaft of Chrift s Hi/lA'i’gi- p. Nativity, a certain creature, Elias a Jew of London, whole fSi. Sirname was Bijhop, fearing danger and manifeft damna¬ tion to himfelf , fled to the laver of defence andfalvation, and was new-born in the Spirit ; for, being deanfed with w.holefotn Bap- long discontinued Remitter, &c. 35 Baptfm , two ithers alfo accompanying him, be was delivered oh. of the Jot of the, Devil , <*»d /wed /re/w the reverse of the mo ft wicked crime heretofore committed ip km. For it was fat'd, that tn his houfe that pop(oncHS dr'mkwas made, which had proved mortal and peril leu s to many Nobles of Lngland , ( poyfoned therew ith by the Jews )which even he himfelf ’ as was reported, well confejfed. But then be was a Demi, bat now throughly changed, and a Chrijhan, and as. tk e condi¬ tion, fo the operation is changed. As Mathew Paris Ironi¬ cally writes of them. ( m ) A certain lew in the year x i6o. fell into a Privy ( w ) oris at Deuxfbury , but becaufe it was then'the Sabbnh, he HlJt A S g1, L would not i»ff. ^3-John * \\ herefore Richard de flare Earl o: Glocefler, commancie 1 Stews chronicle him ( in reverence ofthe Lords Day ) tobe kept there till ^.survey of Mmdap, at which time he was found dead ofthe dink; or SZlt, hunger. 7 V cent (*0 1 Barons of England, Anno 1 262. robbed and flew the jews in all places. There were flain of themin c . oLl ^7. Fo- London to the number of 700. the refl were fpoiled, and *, Gr %’ 4 3 * their Synagogues defaced. The original occafion of which pfZ C ^' maflacre was, becaufe one Jew had wounded a Ghriflian man in London m ("ole-church, and would have enforced (*) J°' m him to have paid more then two pence for the Uiurv 0 c Sc,tws chronl 20 s. for one week. ^ f* 2IO * Survey , ]P the Paffion week , the Jew that inhabited the City of London •> being detected of • ^3. fon, which they deviled againlt the Barons and Citizens ^ ^t.wtft. vyere flam almofl all the whole number of them,and great V'ZZo* S' f riches found in their houies , which were taketf and Hoi carried away by thofe that ranfacked the lameT10 vies. M>- »7 * (p) 1 he disinherited Barons and Gentlemen in the (p) Ho! ^ o! bp Ifle oiOetholm , in the year 1 add. took and lacked the Z 72 ‘J°f ML* City of Lincoln, fpoiled the Jews, and flew many of them, en- T A *{** * tred into their Synagogue, and bum the bookjof their La v , with ** ' all their Charters and Obligations. Anno 1 275. the y.o$Kntg Edwardthzs**kij fe’trvthe F* / ' ' '°Vta- • $8 A foort Demurrer to the Jens In Rafyalufu* ry t t & Coo fa 2 8?. * Toiles Mag # Chart a i p&t.if'lZjW'. as Sir £drc^ dC^affirms, wherein they were hence exi¬ led. ) The'e Statutes I Hull here tranila'te- out of French , and inlert, being not extant in our Statutes at lar*e, nor nc^er yet all printed in the Englifh tongue that I c°an find, but only lome CicTutes of the hr Li of them. “ t .Fomfmhch as theKmghath Teen,chat many mdchiefe • aiTd:dinienfonsofhondtmenof this land have happe¬ ned by rile fiats which the'Iews have made therein in times pah,and that many fins have therein rifen from £ tnei j ce , : Albeit he and hrs Anccflors have had great • profit uom the Jews both now and in times pall: Not- ‘ withliandmg this, for the honour of God, and for ‘ the common benefit of the People, the King doth or- da in afid ellaolifh ■ that no Jew hereafter ilia 11 take • ought ior ulury Upon lands, rents, nor upon other ‘‘things.- and that no Ufury^fliall run from the Feaftof St. Edward laft pair, and before > but that the covenants “before made Hull be held, lave only that the Ufuries “ themfel ves fhall ceaie. Provided that all thofe who are “ indebted to jews upon pawns moveable, Hull difcbame ‘ them between this and Eailer at fun heft, and if noT, < let them be forfeited: And it any Jew Hull take ulury again!! this ellabifhrhent, The King neither by himfelf, •nor any of his officers, will not intermeddle to caufe ‘him to recover his debt ( or uie ) but will punifh him at ru f eafure ° r the Trelpaffe, and Avail do right to the Chnlhan to recover his gage. 2. And it is.provided that the dillrelTes for the debt { of Jews, Hull not hereafter be !o grievous, that the ‘ moit y o^Unds and Chattels to the Chriftialis Hull not t0r i h r lr And that no diitfefle , a ! be made for the debt of a Jew,upon the heir to the C of thc # , not upon ^ on.er which holds the Land which was the Debtors, « - e J? re C le deot fhajl be dereigned and acknowledged u 111 C ° urr * And if the Sheriff or other Bayliffs by com- nwndment of the King ought to make i'eifin to a jew , • tooneor more, for their debt, of chattels, or o'fiands,to tbs ong dtfcontinued Remitter , &c. 19 “the value of the debc> the chattels fhall be pruifedby “ theOath ofhonett men; Sc theChactels flu 1 be delivered ‘‘tothe Jew or Jewelfe, or to their Arturney, to the “ value of the debt; And if the chattels be not iiifficient, “ the lands fhall be extended by the lame Oath , before “ that the l'eifin fhaljbe delivered to the jew or Jewefie, ‘‘every one according to the value , and lb that they may “after know certainly the Debt is difcharged , that “ the Chrillian afterwards may then have his lands : fa- “ ving to the Chriltian for ever the moity ofhis lands, and “ ofhis chattels for his l'uflenance, as afore is laid, and “ the chief houfe. ‘‘ 3. And if any thing fiollen at this hour fliall be found “ in the pofleffion of a Jew, and any will file, let the Jew ‘‘ have his lummons, if he may have it, and if not, he fliall “ anfwer fo,that he fliall never be privHedged for it other- “ wile than aChriilian. “ 4 And that all the Jews fhall be relidents in the Ci¬ ties and in the Burroughs which are the Kings owne , “ where thtfr Chelt for the Jews Indenture is wonc to*- . “ be. And that e very Jew after he is pall 7 years of.age, & “ fhall carry a %» ( or f badge ) in his chief garment; that 1 e. m. “ is to fay in form of two T ailes of *-yellow taffety 5 of the t Sce concil. “ length of iix fingers and breadth of 3 fingers(or an hand- Lat -f ub 1,1)10 ' “full .) And that every one after he is paif 1 2 years Dull sums'c'o^ck “ pay 3 d. the poll every year to the King, which .(hall be Tom. 3. col. ' ‘‘ paid at Easter-, and this fhall be intended as well of wo- 7f4. extrade “ men as of men. Judds & sn~ “5. And that no Jew fliall have power toinfeoffea- '^soWeinncb “ nother Jew nor Chriilian of their homes , rents or te- but it f,mid be “ nements which they have now purchased, nor to alien white* “‘ them in any manner, nor to make an acqaitrance to a- “ny Chriilian of his debt, without the ipccial licqple “of the King, untill the'King hath other wife ordii- “HCd. ' j €• “ And becaufehofy Church wills and fullers, that “ they fbould live and be protected, the King takes them ‘‘into his Protection j and gives them his peace, and ‘ “ wills > A fbort Demurrer to the Jem “ wills that they fhall live, and (lull be guarded and de- “ (ended by his Sheriffs, and his other Bayliffs , and by f “ his Leiges; and commands that none (lull doe them a harm, injury? nor force in their bodies, nor in their ‘‘goods, moveables or immoveables. And that they “ (hall not be impleaded, fued nor challenged in any * See Rot.clauf ‘Court-) but in the* Kings Court , whereloever they g*E d. i month, “ are. *7« 7. “ And that none of them fhall be obedient,relpon- “ dent, nor render rent, but to the King and his Baylitfs “in his name, if it benot of their houles which they “now hold rendering rent; laving the right ot holy “ Church. 8. “And the King grants them, that they Hull live “ of their lawfull merchandizes, and by their labour, and “ that they fhall converfe with the Chrillians for lawfull “ merchandizing in felling and in buying. But yet, that “ by this privilege,nor any other,they (lull not be levant “ ( riling ) or conchant (lying down) amongft them. And “ the King will not, that by reafon of their merchandize, “thatthey fhouldbe in lots nor fcots , nor Tallage “ with thofe of the Cities or Burroughs where they re- “main, leeing they are tailab'e to the King, as his own “ Vaflals, and to none other. 9 . “ Moreover the King grants them, that they may “buy houles and curtelages in the Cities or Burroughs “ where they relide, fo as they hold them in chief of “ the King : faving to the Lords the Services due and “ accuftomed. 1 o. « And that they may take Lands to farm for term “ often years, or under, without taking homages or feal- “ ties, or fuch manner of fervice of a Chrillian, and with- “ out havingadvowlon o( holy Church, for to fupport “ their life in the world , if they know not how to mer- __ 1 “chandize, or be unable to labour. And this power for Jvota .'. “ to take Lands to farm, fhall not endure to them but 1 5 “years from this time forth to come. By long difcontinued Remitter#t. By thefe Laws this politick King to pleafe his Emlifh Chrilhan Subjetfs, abridged, many ofthe Jews former priviledges, and put many new reftraints upon them. And yet on the other hand, to gratifie the Tevvs, ( who gave him more monies than the Ettglijh ) he takes them all into his ipecial prote&ion, prohibits all violence to their perfhfts or eftates, and grafts thefn iome oetty pri- V hedges for the ptefdmc, which Teemed to content them, and made for his owne advantage, more than theirs. ° %ot. Clou fa, E. 1 m the Tower, rot. 8 .1 find, that one who was bound to (jamltla a Jew, an d had lands, after¬ wards acknowledged himfelf a Villain; whereupon a writ then lfiued to inquire, what lands he had at the time of an ^ to extend them J UXTA. STA- TUTA JUDAISMI. Andclauf.4 £. t. rot. 11. thefe is this recital made of this very Statute of Judaifm: CM fecmd»m A gam ET STATUTUM JUDAISMI NO- S1K1, jtidai mflri m part; ne habere DEBEANT dChri Shanis creditor ibm MEDIETATEM ten arum reddhmtm eeL at alter urn ipfemm, quotifyue deb ttafm perciperent&c & execution1 awarded in the cafe of a Jew, according to the a claufe of this Statute. Therefore it is moft certain, it was not made m 18 E. 1. which was 14 years after thefe two records, reciting it both by name and words, but in ? w u*t r e very nex ! ; year before th e>e records, the end for which I here iniert them. (y) In the 7th year of King Edward the 1. Anno Dnm r \ * held*? r mC,0t 1 as orhers compute it, the KingSu/sf^' held a Parliament at London-, which was chiefly called for *%*** tne reformation of his coyn, which was then fore clip- f^ hren ' iC »«s ped, by reafon whereof it was much diminifhed and im nZtiJ",trZT ° fl t is ' in tSUff mdmirLl 1 he JeVVS t r hr i 0l, § boUt£ ^ / ^ (a» Matthew fyejtmmjter ) 0 r many of the Jews m London , and other f 1 ^*- iV•'• *»• <*«>*• »m. e.u'fZZfc H ^ A Short Demurrer to the Jews parts of the Realm, were apprehended in one day , and impriloned in London for clipping of money : and in De¬ cember following , divers fnqnetts were charged in London, to enquire of the (aid Jews, and all others who lud fo blemiihed and clipped the Kings coyn; By which Enquells the Jews of the City, with the Gold-fmiths that kept exchanges of Elver,were indidled. And fhortly after Candclmas , the Mayor and Juilices of the Land fat at London , where before them was call 297 perfons for clipping; of the which 3 only were Englishmen , and all the other were Jews , born either within this Realm, or elfewhere , but moft of them Englifh, Jews ; who were all of them at lundry places and times put to exe¬ cution in London ; who impeached the chief men of Lon¬ don , and very many Chriltians, who confented to them wickednefles. After which a very great multitude of Jews were hanged in other Cities bfJB. ngl and/a r the fame ojfence. Hereupon in the Patent Rolls of 7,8, and 9 Edw. 1. in, the Twer, I find fundry grants of the Jews Hbufes and. Lands in London, Torke, and Northampton , made by the King, to feveral perfons, as efcheated to him by thole, executed Jtwifh offenders. (r) John Stow r r \ ffJnno + 2 79. The Tews of Northampton crucified Survey often -, a Chrafttan boy , but did not thoroughly kilt turn, upon donp.it?. Good-Friday; for the which fadl many of the Jews at London, afterEalter , were drawn at Horfes tails, and hanged. .1 ' i .7 (f) John ( y ) In-the year of our Lord 12-82. John Peckham Vick Arch-.bifhop of Canterbury , lent an exprelfe precept and survey of Lon- command to the Billiop of London , to f upprefie and de- don,p. i8p. llroy all the Synagogues of the jews within his Dio- celfe. ^brlnide ^ O) On cJhtay 2.. Anno\ 287, .All the Jews of Eng- io$y 104.^* were apprehended by the Kings precept, for what Suivey of Lon- caulewas not known; who rantomed themlelves for dMfp.iip. 120C0I. offilver; They had then a Synagogue at Canter¬ bury.Fabian writes, that the Jews of England were felled, at great fums of mony ( perchance the caufe of their fei- * Lure) long discontinued Remitter , Q c. 43 fure) which they paid into the King; But of* other Fabian part-.y Authors it is laid? That the Commons of England then or an- M 3 T » Gref ton ted to the King the fifth part of their moveables, for to have the lews bam fed out of the Land. For which caufe the laid *», * $,f ' Jews, for to put the Commons from their purpofes,gave " *’ of their free wills great fums of money to the Kina, which faying appeareth to be true, for that the la?d Jews were exiled within few years after: with whom > you (hall not be convented before any Iudge, except my felf. The JOiight returning with this pri viledge, the Jew conhde- nng that danger and peril hung over his head, volunta¬ rily renounced his Charter, evacuating the condition of his pnviledge, andwifhing that both parties mfoht be lubjeft to the Common Law. (* ) The year following, Anno 1 289. King £dwa d (r , ru - , taking upon him the character of the CrolTe at BUnkeford %{ham % mfyafcoignp-, ‘sprefently banilhed all the Jews out of Gaf. Engl. p’i ‘ H 2 coigne , 44 (>)F forts H'tjl, far. z. ann. JlfO.p.tfl, ( tf) Tptdig- vna Ntuftria, P> *».. A fhort Demurrer to the Jews colgne-, and all other his Land?* which he poflelfed in the Realm oi France^ AS ENEMIES OF THE CROSSE. From whence returning into England > Anno i 290. he was joyfully received at London, both by the Clergy and all the people; and the lame year exiling the jews like- wife outot England, giving tnemexpencesinto France, he confiicated all thereft ot their goods ; togetherwith their Lands and Houles,and in 1 p& 2 0 £* 1. h© made fie- veralGifts of the jewsHouies andLands to others • as ap* pears by the Patent Rolls in the Tower of London. Upon what grounds, by what Authority,for what time, in what manner, with what defire of, and content to all the whole Commons and Realm of England , the Jewes were then banifhed thence, thele enfuingHifiorians will at large relate, in their own words, which I fhall tranfcribe for the better information and iatista&ion of all for® of men, whether Chriftians or Jews. (7) OHatthew tVeJlmmfler ( fiourifliing at that time ) gives this relation of it. About thefe days, namely the 31 of Auguil, the exafperatmg multitude e/Jews, which dwelt confidently in times pafi through divers Cities & firong Forts , JUSSA EST, was commanded with their wives & children, together with thcur moveable goods , to depart out 0/England, about the FeaFt of All Saints, which was afligned to^them fpr the term, WHICH THEY DARED NOT TO TRANSGRESSE UNDER PAIN OF HANGING, whole number, was fuppofedto be 16 $ 1.1.: Such A DE¬ CREE had ijfued out before from the laudable King of Eng¬ land in the parts o/Aquitain,/r in which were mad? *he Statutes called Weftp 1 nfier the mi long difmtimted Remitter , &c. 4S cenceffa font Kegi a ^opulo, quinta berfma mu iKWtlttUm 1 » which ha/ lament hkewfe fee the bamjb- menf tf the Jews , there was granted to the King by the People, a fifteenth part of their (roods. (a ) Henry de Kttyghton a Canon of Leicefier, a moft (a)Ve&ven* diligent Ant.q«ary&.thing in **Wthe ids. reign , rendreth it intheie terms' K>»g Edward gnevouflyemu- *4 ^ Shed the Jews and their conforts for clipping of money, and cor¬ rupt exchanges, whereupon in one day he caufed all the lews to be apprehended : feme he hanged , the reft he bamjhed. When he had done his will upon his corrupt Judges ( fined , de poled, and fame of them banithed in the lame Parlia¬ ment that the Jews were exiledWw/; another cauf* mo¬ ved h,m concerning his money , which he found to be bafely clipped and corrupted, to the prejudice of the Crowne, and the nr eat damage of the people ■, 5 tf)6 3>nfiBelftp HUtJ of the Heins as it was inquire* anofotmo or found ne¬ on u c ' V) et fecit (tab-lire unnm ptrUamentum, fn quo conhitti (unt Huoxt he ea falfitate t CtttatuMuoB om- ues Huoaos extent us JCetta $nglix, uetneeps non te- Bituri, propter eojum incteonlitatem pjfncfpaliter, et mopter falfitatem quam eta Bure tmpoftierat t et p*o hae taufa earn feftfnatfone faetenoa, et tine oilatione epplen* oa t onutmit00 tegnf tewttmt lllegf quinttuw wnatfirot Be omnibus bonis tuts mobtUbus* And he cauf ,d a VarU- ment to be fummoned , wherein the Jews are convicted of that fa/lhood ; eAnd he ordained that all the Jews Should depart out of the Realm of England, not to return again aftertoatBs, for their incredulity principally, and for thenfalfeneffe, which he had hardly prefed upon them. And for this (their bautfh- mm ) foe eddy to be made and executed , without del Ay , the Commons of the Rjalm gave to the Xing the fifth pan of all their move*" J ' the year 1290, HUB*t ^ttgltapuiw W»*> • •"* c. 9 . (0 Cent', nifhed out of England , for the Englishmen had made a great Mag Hj.c.rf, complaint to Edwud the if that by their ufmm mdfrmd*tf& 8f,- H 3 A fbort Demurrer to the Jews wo ft men of the inferiorfort were reduced to nothing: which thing was gamfull to the King , for every of the Commoners gave the King the fifteenth penny , tit JfuDXOS t\kZtZk> that he might banifh the Jews. (d) ctntur, 4 Our learned \_d~\ holm Bale [ e ] Poly dor Vtrgil , and the Scrip. Brit. c. \f] Century Writers out of him thus exprcfl'e it. Anno Dorn . d°i'ce m A/>pfa * 1391 ( itin°uldbe upo) 3|n the parliament atILon* (e) Lib.l 7 Ed, ) '^ ee was a debate In the fir ft plate DC 3JliDS0?tim ZjZ* i. alone , Concerning the banflblng of the jetos ; whereof (f) Cent,Mag. there was a great multitude throughout Jtngisnd > f&tb cKi 9 cl!\ 9 %' publfcoConeflft lonDlntnCs (writes one)Publico • • j 4- fgfturSDecreto jufsf funt alio cotnmtgrare,^ tit Infra pau* COS bles omnes erlrent; ( iaich another ) But by the publicly Eddt of the Parlian.e it affcmbled in London, and by a pubhkt Decree, 2Chep foere all cotnmanDeD to Depart the m ealmtofth theft gooDsfolthfn a fete saps , which they, Concllll jufsts obeDlentes , obt tying the commands of the Parliament) fpe eddy did . Thomas Stubs \\\s,Athd. To y stificum Eboracenfum c.l 7 2 8 thus relates the univerfal banishment of them out of all Eng¬ land inene daj) Anno T)cm m 1290, In ch raftino animarum Cfyulatf fuerunt %vtoxi a IRegno 0ngUa tynhc eodem die pertotam Angliam . Ra ph ac LZJolat err anus )Gzooxz\fo. lib*. 3*f. 2?- thus expreileth it: Iud&i omnes Ctpultt : An¬ nates Tdommicamrum (folmaricnfum-y thus relate it; Anno 1291. Rex Anglia omnes Iudaos %jgno CJTpuUt. Gil - bertus CjetiebrardHS') Chronogr. 1.4. p. 659. thus records It> Anno 1291. (fonc'tlium Londinenfe ad WeRmonafte- rium )uffu Edvvardi Regis • Eo in Concilic |JubMeO (EDfa* tnlTl font BlnDaef De JBnglfa In perpetnnm crite, \ords molt exprels. Abraham Bz.ouius thus: Anna ♦ Lcclefiaftico- *rv Vohd n/n rum ’ Tom - 1 ?* Anno ia 9 i. n.i.col. 966 . * Londini.^ 1 19 & Weftmonafterium celebrawm eft Concilium. In hoc impri- Vaticano i;»£ mis a g‘tatum eft jDe CjCCtfOltC BJUDatOJUttt > quorum erat dt Rebus Atf- per omnem Angliam ingens mult it udo ; quo fic over ab boe~ dtsfegregarentur. / taque publfCO fuffum eftiCDfCtO ft in - trapaucos dies omnes abierint cum bonis . fllf jutffD COtt* m patented, alii alto dificejferunt. fra profug a Gens de Anglia 7 long difcontinued. Remitter, &c, Anglia, inpetpetmim OJCftlft mifera femper altcubt terra- rum pethura , ufyue eo dum dentqxe deleatur. But I flu 11 pals from Latin to our more common EngLfh Hillorians. Fabian , in his Chronicle, part 7. p. i $ 3. Mr. Iohn Fox in his Ails and Monuments, Lond. 1640. Vo!. 1. p. 44 3. and Rjchard Grafton in his Chronicle, p.i 69. thus report it, in the fame words almoft. This year alfo 1290. all the lews were utterly bamfhed the Realm a/England , for the which the Commons gave he King a fifteenth, . Nicholas Trivet, Polych onicon, L 7. c, 38. and William Caxton, in his Chronicles, printed 1502. in the life of K. Edward the x*. thus dories the Jews banifhment, out of Hjgden and Trevifayhv their words ; A none after tht King had done his will of the Iuftices, tho lete he inqnere and efpye how the /ews dyfceyved and beguyled his people , thorough the fyme offalfenefs , and of liftin'. And IctC jgDjOaftt a $jebp pitlement among hfs dlojoa ♦ &>o thep o^aim- neo among thefm, 2Lhat all Blernca fljoulo tjoto out of- Cnglanoo foj ttjefc s^pabpletic, ano alfo foj theft falfe - Wutp that thep ofo unto Crpffen fyzn. Acid for to (feed and make an endofthts thing. 011 tl)0 CotttpttalfC Of d^nglonoe gate umo the Ifrfng the $hb, pennp of all thept^oooes mehable: andfo were the I ewes driven (Ut of Lnglonde. And tho went the lews into France, and there they dwelled,.thr.ugh leve of Kfng Ph jlip that tho was Kyng of • France. .Raphael Holinfhedw his (fhronicles out of them , Vol. 3. p.2 . thuspublifheth it. In the lame year was “ a Parliament holden at We Am rafter, wherein the Sta- “ tutes of Weftminfter the yd. were ordained. It wat “ alfo DECREED , That all the Jews fhould avoid out of “theLand; in conlideration whereof,.a fifteenth was “ granted to the King : and fo hereupon were the Jews “banifhed out of all the Kings Dominions : and fineetonlothep obtain anppifbfleoge to return hfthee again, “All their goods not moveable were confilca- “ted, with their tallies and obligations j but all their “goods that were moveable, together with their coyn “ofgoldandftlver, the King licenled them to have and A fhort Demurrer to the Jews • See cooks a.“ convey with them. * A fore of the richett of them be- inftit.p.i 08 . « i n g (hipped with their Treafure in a mighty tall fhip, <4 which they had hired, when the fame was under fail, “ and got down the Thames towards the mourh of the tcRiver beyond Quinhorow . The Matter Mariner be¬ thought him of a wile: andcaufed his men to caft an¬ te chorfand lo rode at the fame till the fhip by ebbing of “ theftream remained on the dry lands. The Matter « herewith inticed the Jewes to walke out with him « on land for recreation: and at length, when he under¬ tf hood the tyde to be comming in, he got him back to “ the fhip, whither he was drawn by a cord. The Jews u made not fomuch hatt as he did, becaufe they were noc « ware of the danger. But when they perceived how « r he matter ttood, they cryed to him for help , Howbe- ' «it he told them, that they ought to cry rather unto « CMofes)yj whole conduct their Fathers patted through <■<■ the red Sea, and therefore if they wouid call to him for a help, he was able enough to help them out of thele ra- ging floudsv which now came in upon them : They “cryed indeed, but no fuccour appeared, and lo they « were fwaUowed up in the water. The Matter return¬ ed with the fhip, and told the King how he had ufed “the matter, and had both thanks and reward, as fome “have written. But (g) others affirm, (and more truly , “as fhouklfeem ) that divers of thole Marriners which “ dealt lo wickedly againll the Jews, were hanged for W limit; Mo8. 507, 508. in bis Commentary upon Statutum de fudatfmo forecited, feems to contradict thefe forecited Hittorians touching their bahilhment, whole words I fhall at large rehearfe, and refute too in this particular. This Statute mas m%de [_ writCs he "j in the Parliament of 18 Sd. 1. That the . m f chiefs before this St at me , againfi J ewifh Ufitry > were thefe.. I x .The) A jhort Demurrer to the Jem I. The evils and dijherifons of the good men of the land , z. That many of the fins and offences of the Realm , had rifen , and betn committed by reafon thereof^ to the great difhonour of Almloh- ty God . ( And are no: che.e two lufficient grounds to keep themoac now, as well as to retrain and.baniiflh them then? ) The difficulty ( adds he ) was how to apply a remedy eonfidering what great yearly revenue the King hadby the Ufu- ry of the Jews , and how necejfary it was , that the King (hould be fapplyed with Treafttre. What * benefit the Crown had before the making of this Aft, appeareth by former re- •Sce coo\s j. cords , as take{ h ) one for many. - From the 17 of Decern- ihiiouVat her in the ^ ° 7 * ar °f H ' 3 • unul'the T ueftJay m Shrovetide., Anno 3 E. 1. * the 2 year 0/Edward the fir fi , which was about 7 years, the m . 14. 17'. ip. Crown had four hundred and twenty thoufand pounds , fifteen william laid- (hillings and four pence De exitibus Judailmi: at which tmpot. lt “ me > theounce rffilver was zed. and now it is more than ? “ treble fo much. So as the recital of the Preamble is true , That he and his A need or s had received great profit from Iuda- ( i ) Temp. R . ijtxi. ( i) Many provifions were made both by this King and Job. Ro. char • others : Some time they were banifhed, but thetr cruel ufury Jo. ». 49. continued'.y -andfoon after they returned ; and for reffieS oflu- 10 Dorf. clauf.'m John mtfofecopdyearof his reign,granted %7. Dorf. Pat . Hnt0 them lar £ e Privileges , whereby the mifchiefs rehearfed 55. H. 3. m.' in this Aft multiplyed. Putthe lucre and gain which King T ~ JohnW, and expeUed of the Infidel lews, made him tm* p(C ftttWffytC for to the end they fkould exercife the Laws of thf ir.Sacrifices ( which they could not do.without a Priefihood ) the King by his Charter granted them to.have one, efre. Which for the great rarity thereof, and for that we find it not either in our Books or HiJtories, I will rehearfe In hcec verba. (k) Rot. char. . JAl Rex omnibus fidelibus fills, & omnibus & Judx- s Regis Johan, is'& Anglis, ialutem. Sciatis nos conceiTiile > Jacobo Ju- fwt. I m. 28, dxo de Londoniis Presbycero, Judaeorum Presbyteratum Our.tyx. omnium Judsorum totius Anglia;. Habendum & tenen¬ dum quamdiu vixerit r 1ibere & quiete & honorific* & inte¬ rs*-; ita quod nemo ei fuper hoc molefliam aliquam, a tit gravamen inferre prefiimat. Quare volumus & firmiter^ pr*-. ong discontinued Remitter, CTc. 5* praecxpimus» quod e idem jacobo quoad vixerit, ST teratum Jud.'torum per tocam Angliam, <, inht Lw *1 nu-reneatK, & paata defehdat£. Et li qu s ex* Tu’ per eofomfacere pradumpferit, id ex fine di?at one CM va nobis emenda noflra ) (fe fbrisfa&ura noftra emendate “V s ; ta pq uam DominKo jud$o nollro, quern fpecia- hterinfervxcxo nollroretinuimus. Prohibit euLne dealiquo ad ”% a r d Parliam(Mtan d that principally for thenmmtt^notVfury, and other fore-allied L/oL ; and commanded under pain of hanoiL by a fileia'Decree «»d E dM to depart hence by a j>refi/ed 1/ SZefeZ, and hafining whereof, the Commons gave tie Kino a fifteenth andfe^'^Up^ci'cljfbanifted b? thS 1 i he Kin ® IS d d h nd « h 0 e n had e ne^y banifted th em the year before out of Gafco/one , and all his Dominions in France , as Matthew WeSlmJer. , Wal ffeT t h1 r d n ° th r erS i eC ° rd> But then a "d ^re h ZbL thoir 7;/^ C £ er °,”. s by an ex P rrfs decree > not only for nri?s f c7oh b rh b p le r yf Z *»d Enmity to Aimrnn £ ^ h , efore h , e dxd the like in England, yly, ted?andmiirt, P cr n on * whatfoeier, vvasHrifily prohibi- Statute De 7«/ r* died out-of England, long before this OnofformcrT 1 ™™°’’ - v 7 bliC ^ 1 ^ as ^ uc a meer confirmati- not an for^ l e - S mt r P articU,ar Nation to the Jews: whereof Cnn^T ?f any nevv Law : The faring Ufurers V wU y Theam *8^ Jevvilfi Sake L rU, fully dilcover Sit Edward Cooks Spelmmi * Council d£c*kbutb The famous Wf it,f, * 9 fireood, and Kino ’ nnoDom. 787. under King A If- David\ ^dfonuL P [ chlhmus ’ dic ^ Domino ad Vecuniam (L kahtatorem Tabernacult foi etui pectin am foam non dederif. ad V fur am eh-r J a1 Francorum dum ibidem moraretur , mmi Ctncil. p, quod Ufurafamma radix eft omnium v-thrum,. This Law precilely banilhed all Ufurers, with their Ui'ury out of England , and confiicateth all their goods to the King as Outlaws upon convief ion. If therefore there had been any Jewifh Ufurers in England in St. Edwards reign ( as the fpurious Law jull before it in Spelman Sc Hovcden * foreci- * ^ ere ?• J. tel pretends ) they had all been exprefly banifhed the land by this Law,and never permitted to refide therein, a- hove 270 years before the Star ,de Ju da if mo was enabled. In * the Council of London Anno 112 8. 2 5 H. 1 and in the *Sdnm Du- Council of Wefiminfier Anna 1x3 8. the 3 of King Stephens Hi Pi reign; All ufury was prohibited under pain of deprivation both from Office and Benefice in Clergy men. By virtue of which and Richer dus laws and Canons all the goods of Ufurers became forfeited P rmHagafitd- toourKings after, their deaths^ they excAnglD lib. .7. c. 1 6,. where thus he Writes. Ufurarii verb omnes res , five teflatus, five intefiatut decejferit, DOMINI REGIS SUNT* Vdvus antem non folet aliquis de crimine ufura appellant nec convince. Sed inter catenas Regias Jnquifitiones foUttnquirl& probari , aliquem m tali crimine decejfiffe % per duodecim legates homines de vtci- neto, & per eorum Sacramentum. Quo probato in (furta, om¬ nes res mobiles, and omnia catalla qua fuerunt ipfius ufu- rarii monui , #0 tifua Botnfnf IRefifs capieitfut penes ffinemcttnque fabenfantur res fllx; Hares quoque ipfius haceademde caufa exharedaturtfecundum jus regni^&adDi- mind velDominos never tetur bar edit as. Sciendum t amen,quod fi quts aliquo tempore Ufurarius fuerit in vita fua,& fuper hoc inpatria publice defamatus , fi tamen a delicto ipfo ante mor¬ tem fuam defikuit, & poenitentiam egerit , pofl mortem ipfius , iUe vel res e/tts lege Ufurarii minime cenfebumur-, Oportet er- £*D ■ 5 * A fhort Dmurrer to the Jews • Set ken p * 3 . %o covftare > quod ufurarius decejferit aliquts ad hoc > ut de eo tmensam deufurario * poft mortem ip fins judtcetUr y & 1 de rebut ipfius tanquam de rebut ufurarii difponatur-, which he likewile affirms for Law in that ag z,lih io. «.}.8bjFiete- fore ufury in that and former ages , was equally Prohibited to all 5 as well* Jews as Englifh, under pain of* forfeiture of all their real and pertonal eliares to the King, and their inheritances to the Lords, in cafe they died ulurers. And """ if the Jews had not been within the compalsofthefeLaws, but might have freely excrcifed ufury when the Englifh could not, they had been in this refpeft in far better con¬ dition than the native Englifh; when as the forecited * f p ay S Vo" ^ aw concern i n g them refolves us,* fttdai & omnia fua Regis ffaior / mt ’ both in this Kings reign and before upon this ac- Spelmani con- count amongrt others, becauiethey were known Mfurors. tU.p. tfij. This Law continued ftill the fame in fucceeding ages, as ismoftapparent by* Cap.tulaphertornmCuru Regis made, and to be inquired of by the juftices itinerant,in one 6year of King RJchard the i.Anno 1194. wherein I find this Article. Item de JfaentrStOjibtW, & eorum catallis qtti mortuifmt: which is general, extending equally to all U" furers, whether Englifh or Jews, Chriltians or Infidels. But in the * Capitula P lac itor urn Coronet Regis in the 10 year of this King Richard^S. nno 11 98, it was thus-varied, and confined only to Chriftian Ufurers; Inquirendum eft ( by the Jnftices itinerant, then appointed in each Comb 1 ty ) etiam de HfUtfS CljtfftlSnOJUtlt, & eortmCatailis qtti mortuifmt. Perchance to put a difference between the Jews, whofe good? the King claimed as his own whiles living, and the Englifh Ulurers who forfeited not their e- f Roger de Hovedtn An* Mfyparspofte- dorp. 744 , _ t * Hovtdtn p. 78$., ed ufurers without-publike repentancethbrdf before tH& * Tottles Meg. ^ eat ^* This form of Inquifition continued both before chart, f» ijf. and. after the Statute dejudaifmo , as is evident by Cajft* tula itineris , uled in the reigns of Henry the 3 . and *£itu IDe Ghrislianis ufurariis , quifuerunt , & qrn- catdla hit* bent , & qui cat alia ilia habuerant} De catallis judaorumoc- dforttm j & eorum chartis & vadrrt, &-qui ea habeemt. King k “ Henry long discontinued Remitter , &c. ft 7 57 . ' """ "** " m ,m m 1 ■ — , -f* . Henry tbs, 3 rot , jinium 2 9 .H. %.m. 8. c De cat alii s qua fue- runt 'cujufdam faneratoirs : feifed the Charters of a certain Ufurer, as conhfcated by Law unto him; the Statute of Mertonc .5. in the 20 year of his rsigpflprovided and gran¬ ted', That ufuries jhould not. run again ft any , being within age ^ from the time of the death ofhts e Aucefiors , whofe heir he isnnt* his lawfull age, &c. So nevertheleffe that the payment of the principle debt> with the payment of the uju r y, that was before the death of the Ancefior i whofe heir he ts , frail not remain. On which Statute St, Sdward (floeh himielf thus Cements. Thii Statute hath been diver fly expounded (flatus expounding it only of Nomine pccnars and doubling the rent upon Leafe/ t Bonds and Recognisances,ethers literally) That the Statute tO t&8 UftttfOU0 BfeljW that then were in England, for at that time, and * before the Conque(t * Inter legee alfo, h was not lawful (far (flhriflians ( he might have a d-fandi Edw. ded, nor yet for Jews ) to take any a fury , " ?. a m* reth h Tut?"? the Laws of St. E< 3 ward> &c. and Glanytl, and other ancient ^flus Glanv Authors and Records : And by this Aid it was manifefl, that l. ■j % c.\ 6 . Odf the ufury intended by the Statute was notunlawfull,for the u- ham qualiter fury before the death of the Ancefior is enabled to be paid , and non ab Jf lv !* m after the full age of the heir alfo. And no ufury was permitted ^eckri^adt but by the Jews only. But King Edw. the 1. ( That mirror of ufurtrut. Princes ) By authority of Parliament made this Law, which is worthy to be written in letters of gold. Fondmuch, &c. That no Jew Jhould take any ufury, &c. As if ulury (in his opinion ) had’been lawfuirfor-jews, before the Statute de Judaifmo , when it was equally prohibited to Jews and Chriilianfjthough not to make to contra&or ufury meerly Void > except only againfi Infants during their minority , yet to make both their chatels goods and eftates liable to con- - filiation to the King after tneir deaths, or before 5 as the premifestmdeniably evidence. So that the Statute de Judaifmo prohibiting ulury to the Jews > was no in - trodu&iqn of any new Law , as to the unlawfullndl’c and penalty of ulury it lelf in the Jews > no more than in Chriftians, (to wftom Raftal equally extends it. V- f* r J i») but only in reipeft of the legal means for recove- K v >ing __ / 5 3 . i A fhort Demurrer to the JmS * See Claudius vering the ul'e upon ufurious contracts, * Ufury itself being SaimafiuSy De evc n refuted abfolutely unlaw full by Gods Lawes and ours. - l Hns » Hence I find Rot. clauf. 3 ,<5 H. . 3. m 21. A Prohibiti¬ on by writ to,, ail forain Merchants within theRealme, ©UO 9 ntt(apfanta 0 tHfttrani z and if they do, Omnia mob ilia & tmmobilia eorum cedant adufum Regis , all their, goods movable and immovable, fihall be confifcated to the Kings ul'e : Rot.claufi 2 .E i.m. 1. De (JMerc ato- ribus Ufurartis , commands all Merchants that were Ufu- rers to defart the Realmyht year before the Stat. de ludaif- mo made. And in the Patent Roll of 5 £ 1. Dorf. 2d. There is an Inquilition De Ufurartis feu Chrifiianis Ju- dai&antibus, ut de eis fiat jufiitia fecundum legem terra: which punifbedxhgjB by. fines and lofis ,of Coods in the Temporal Courts, and by Ecclefiaftical cenfures in the Spiritual Courts, as is clear by P lacita. 18 H. 3. rot. 3d. and all Canonifts in their Titles De Ufnra ; which is fur¬ ther evident by thefe Records & Statutes made, fince.the, Statute DeIudafimo, by 15 £. 3.t-o|.Parl. n. 24.3 2.21, £. 3. rot.Pari, n, 49.50. £.3.rot. Pari. n.47* 6R.2. rot. Pari. n. J 7.14 R. 2. rot Pari, n, 2 3. 5 H. 4. rot. Pari. n. dS. 15.E. 3.C. 5. 3 £.7*c*5,6. 11 £. 7? t, 8. .3 7 ET.8. c. 9. 5& £. d.c. 20. 23 £/«..c. 8. 39 £/«,. c. 1 8. 21. 9 emit. Later. ^ ac ’ c * 1 7 * Therefore the banifhingof Ufury by this.Law, fub motestio thus condemned, prohibited in all former ages, could no 3. surius,Tom. wayesMnove the Jews voluntarily to bamlh themfelves 3 -P- hence;' nomore than all other E ngh[h and Italian Vfu- 7x8 'Vrtatcr-' rers * * omenew fpecial Adf fortheir final expulfion. ranus, lib.i. 81 y, It cannot be proved, or imagined, that all the Jews Ceogr. ceut. then in England were Ufurers, though the molt and d. 13. c. wealthieft of them werefuefi. And it is very improba • Munptcofa. V e # the Jews throughout England with one con- lent fnould agree to bamfh themfelves voluntarily out of £1061,1061.. England , where they were born and lived To long, and 3 ac°bm de that on the fame day, becaufe the Ufury of fome of them hwjTmlj was there prohibited, without any Law for their banifh- %, t. *3. /fo ment. 9ly,The*/«w by feveralLavv 5 ,Canons wereexprefly (. *4. Prohibited Ufury elfwktrt in that age t which they are total- long difimtinttid Remitter , &c. *>9 ly forbidden to nfe of late years , and now in Lithuania , Ruffia, Poland) and i'ome other places where they refide, living only by* Merchandize, Husbandry, and Manufa- r * rcbat ftures. Yea Menaffeh Ben-Ifrael himfelf in his Hum- ble Addreffes newly printed, p. 22- 23. writes thus .• As ' v fir Vi'iiry, fuels dealing is not the effential property of the • "‘h /fWM, for though in Germany there be fame indeed that pra- clife it , yet tfoe ttTOft gatt Of jgfll that live in Turky, Ita¬ ly, Holland, ^Hamburgh, being come out of Spaignejf^yy «set Mr. Set- hold it 4 infamous to Ufe it. Therfore the bare foppreffi- den, De on of their Ufnry in England by this Statute would no Nat. &c emu more induce them to banifh themfelves voluntarily out t)ifdpl. of England, and leave all their houies, morgages, hou- p«i.* fholdllufF, amounting to a valffumm,to the King, chan 11 ' J out ofother Countries where their ulury was retrained, then & fince, leeing they might live as well without V- fury in England, by their Merchandizes, Husbandry, and Manufactures, as in any other Climate, ioly , Sir Ed- wardCooke himfelfcontradicts himfelf herein, not only in his 4 th Infiimes, p. 254. where writing of The Court of the full ices ajfigned for the government of the Jews ; he faith, But when the ||otD0 ftetgUttOtl^ banffteD (as hath been (aid ) this Court ceafed with them , in 18 £. 1. Anno Dom, 12P0. (mifprinted 1293.) but likewife in this very Chapter, his own fubfeqvent words and Records in . direct terms eontradiitingthis opinion of his no lefs than 5 , times, which I wonder he obferved not; I fhall recite them at large to undeceive his over-credulous Readers of the long Robe, who take his words and works for Co¬ racles (though in many things very full of grols mittakes * Ste m J Ce- contradiCted by his own Records, he cites, lpecially in J e e f^ his Chapter of* parliament md Admiralty.) y or t y e Lordsi (») And for that [writes he ~j they were odious both to (n) z litsUt, p. Cod and tJAlen, that they might pafs out of the ‘Realm in fo 7* f afety,they made Petition to the King , that a certain day might be prefixed to them to depart the Rjalm [it was prefixedby the King and Parliament again!! their wills fto the, enx that they might have the Kings writ to his Sheriff's for their Ka Cafe 6 o A Jbtrt Demurrer to the Jem fafe conduit , and that no injury, molefiation-y damage or greU vance be offered to them in the mean time > ( for which per- • ? ’ chance they did petition, though not for their departure hence.) One of which Writs we willtranjcribe. — [»] Rot. clauf. \o~\Rex,l r ic:Cj.Cum Judaeis Regni noftri univerfis C$t« Wjm The twwtempas pixfiretfimtos regno Wo trantfretanWt ii{e writ's,' to (therefore prefixed by the King kmfelfwnhout their Petition , other counties, and that for the bamflment of them all out of theRealm.) end intituled, Nolentes quod ipfi per miniliros noftros, aut alios quof- ^Rfrno Amlin cunque, alicerquam fieri confuevit, indebite pertreft- tsteuiums. entur : Tibi praecipiraus,quod per totam Ballivam tuam, pubdiceproclamari, &firtaiter inhiberi facias, ne quis eis ■t M .< intra terminum prasdiifum, injuriam, moIdUam, dam¬ num inferat, feu gravamen. Et cum contingat ipfoscum catallis fuis,quae eis conceifimus, verfus partes London, caula transfretationis fua:> dirigere greffus fuos, falvum & iecurum eondu&um eis haoere facias fumptibuseo- rum. Provifo^quod Judxi praedi&i, ante reteffunt fu- um, Vadia Chriliianorum quae penes fe habent,illis quo¬ rum fuerint,fieaacquietare vduerint, reftituant, ut te- nentur: TefteRcge apud Weflmin. ,18. diejulii, An¬ no 18 E. i . par/, i. 3. This Statute Dejudaifmo* was made at the [p] Pari. *. 1. poft feftum Hilarii, Anno 18 E. 1.(a 'grofs mirtake.) At * Sce 33 * w which Parliament the King had a j 5 granted to him , $6 **' . ftpnlQotlC 3 ttOXO}nttl j; Therefore by his own confeflion they were expelled , banifhed by the King and Parlament againll their wills, and a fifteenth given for it> as the for¬ mer Hillorians note | And this writ was granted in 7 *iy following [ m purfute therefore of their Judgement ofba- irifoment, not upon their petition] the King beginning bis reign Novemb. 1 6. For the Parliament knew [_ a ii range conceit of a Judge, for how could they certainly know it?] that by bamfbmgofUjury [though they baniftied it only, not the Jews : ] the Jews wo uld not remain. And thus this Noble K'mgbjtbss yeans tyttfffigB tfreEt faUnftltiftttfOttO L performs ? rot^t heir ss-?r*”j3^3* 7""«*» | «"' ia " > ' *r* * &%«&** de Bridlington; thtu. pudLtnden, Etauod prsediausPriorcognofcit, quod pr*di&a pe- “ “ *’ Sunia pr*d/jadso dcbcUttirf\iz. 3 col. necei iolveba- mentm Law.) Et quicquid remanht eorum, debius auc catallis in regno poft ( ^repeated, at mofi certain) Domino regis Am. Confideratum eft, qupd Don.Rex recuperet peeuniam prsdi&am : & dnfturn eft eidem Priori, quod non exeat Villa antequam Domino R e oi de praedi&a petunia latisfaeiat; Er refpondeat Jo¬ hannes Archiepifcopus Eborum , quia P raE ^_pit /lw O Priori folvere Valetto fuo prccdi&am pecumam » de ceptionem Regis, contra Sacramentum & fideliwtem fuam Domino Regi datam. Idem in alio Rot. Ann, %% - E.i.rot. J» 3 :- Therefore by thefe 3 recotds refolutions cited by.hj«K felf, the Jews were all banilhed by ** the 1 9 and 20 years of his reign, (the next year saftet their «ule) reciting, they w(re all efcheattd W« the Kwgt bmtjL > . \0’ j* )wrt De murrer to the Jews fcWj JBp tf>e Bletoo Mftmeitf out of ingiano, whidT^n was thus mdoried ln that age.-CW de Judaifmo, Paten- tesdedormbus Iudtorum conufiis poft Ctflftim ftt , Arnett i9,&ao.£.i. The fifth Charter men- uoned in the Roll of ip E. i. conteins this Kings Grant of the Houle done Lee a Jew , in St. CKartins Parift in London. DemurLeonis,fihtCvfa, fin El * Judti, dePa- roeh,a SanEti Martin ,, &e. pet Cfrflfam ejttfOtm BjttDxf « 3jUgnoi noffto tanqaam cfcheatahrmami rieftnrttffon* ' **•»■ Atte t which lolicw near one hundred other leveral charters of other particular jews houfes to particular En- g>i hmen the lame vear in the felf-fame Roller efcheated ff 1 efOfOemfnKtl, After ihefe, in the lame Ro l, follow leveral other Patents of this Kin° ofthetjewshoufes, made in the 20 year of his reign, ' r . he firtl w J? e «of is this Kings grant, EDomm BenediEH 1n- d£! > cnifncm %txm e* IRcgno noCto, t*»- quam efeheata nostra, m mernu nofir a exifientis. After which fo low leveral other Charters of other Jews:Houfes in the lell iametorm. So that by the tefiimony of all thele Char- rMlat tersand Records,& hkewiie ofthe PatentRoll ofipE.i. the i * S rantl , n § aI1 profits of the Jews houfes * a fCtttpOie CMlft jit. eormdem, to charitable ufes (the two very next years after nmln^l.t frt fr ^ WS were ail immediatiy and legallytoa- tmheo Ot»f OfCnglanD againlt their wills , and 111 their hoiilesthereuponelcheated into the Kings hands, who upon this Title , matteTales ofthem to Englilhmen, re¬ cited m all their Charters, the Rolls whereof I have lately peruled in the Tower, where all who pleafe may examine them for their fatisfadion herein. By all thefe concurrent irrefragable Records and Tefti- monies it is apparent [ againlt Sir Edward Cooks grounleffe conceit.] ° i. That all the Jews were then banifhed out oi Em- : ( fJl t0 / eturn a S ain ’ at **» jpecial inliance and ♦SSS.M C . ommons ,n , tWo ^veral Parliaments, as an Sen™r VanCe and ° Ppreffion UHdef which they 2. That lon i ddfcontinued Remitter , &c. & to i. That che principle grounds of this their perpeteal banilhment were, their Infidelity, Ufury, Forgeries of Charters, clipping and falfifying ofmonies, by winch they prejudiced the King and Kingdom, and much oppreflei and impoverifbed the people. 3. That this their banifiiment was Io acceptable to all the people, who oft-times prelled it in Parliament, that they gave the King a Fifth and Fifteenth part of thcinmcr - veables, to Ipeed and exec ute it. 4 * That this their banilhment was by th i unanimous defire,judgement , editt and decree both of the King and his Parliament , and not by the King alone : and this Bamlh- ment, totall of them all, and likevvife final, Never to return into England. Which EdiA and Decree, though not now extant in our Parliament Rolls (many ofwhich are iit- lerlylolt) nor in our printed Statutes, yet it is mentio¬ ned by all thefe Authorities and Records. From whence I Ihallinferre and conclude.- That as by the fundamental Laws of England : No Freeman and Na¬ tives o/England can be jufily banifador exiled out of it. but by facial judgement of Parliament, or by act of Parliament , * Lm ( as well ashy the ancient Romans, Athenians, and Syracufi - cimTabularum ans Laws, no Citizen of %gme, Athens, Syracufe could be ^oefaneitum banijhedhis City or Country , but by the law full judgement of ut the Senat and People in their Parliamentary Affembhes anfaf- SanPmsi nates i which were very numerous ^ ) as is evident by Mag- centiIrIa- 29 ' banifhment of Sir Thomas Waylaid r iscomiti - Chief Juflice of the Common J Pleas , 1 9 £ % 1. Ro t fat decer* nus T au?haid mJ?^lr,! S i ^ Atbemenfibus. Cliftbenesexiln legem Jit m. fa Si A Hl haUd fa lege damnatus panes primes tulit. .OSratirmon dixervnt aboftraco per tjuamfuffragin ferebant : qui mo stalls erat, ut in leHiilis nomen civis’ "SS^B t SSSeUdtsS^f i r fJ be l m ? & fafa faf ".aht ttfta m urnam epyltur h C0NCIUI SENTEN fl< 4 , ab ms foctsquewokftits \ut a Clvium cefa n exill ° V " Ubat: ComtiatnsiSM - rrwJ,, MILLI A CWlUM CONCIIIO AD fUDICU DIEM COVVFma SSyfV?? im r r M -' *t lexa * der ab Alexandra ^tn. DierumL 3. Ur. pJmbihmiL' »il\ %“!i n c 13 f d * A themnfJm Republics rwtrm AnJMeSy tficias Diodorus Siculus. Bibl. Hill. t\ 308, 404. Arid Poltj » ^CafeSpharaCmctuel^.t, 9 , Alien rot. , ': < 7 . Hlf* * * Lege Dubde* _ A fbort Demurrer to the 3 wS *wtd[Mighm} J rot. I a. and thele Jews then banifhed. * Exilium Hugonis 'rpodtg.Nw- leTtitfenfcrpatris & ftlii. Tattles CMagna Charta, /. Jo. firi* Hift.tMg. 5 J % 4 he double banilhment of P eter de G aver ft on out of f. 1 * 7 f ?f* England , Ajfenfu communi Procerum & Magnatum , and of the King in Parliament. Walfingham Htft. Anglia, p. 71,7 2, TheStatuteof \.Edwardt\\c 3.C.2.11 1 \jchard the 2.0, -2,3,4, for the banilhment of Belknap and other Judges into Ireland^ 21 R. 2. "Rjt.Parl.n. 16, 17. For the ba- nifhment of Thomas Arundel Arch-bifhop of Canterbury The Statute of 3 5 Elz,. c. l • of 8 c 3 9 . sliz,. c. 4. For bani- fhing dangerous Sectaries, Rogues, out of the Realm, after con¬ viction upon Indictment only , not beforegf which could not be done by Law> before thefe Ap. 1 66,16 7, 168. fValfingham lift. Anglia, p, 3$>4. and other Tefti- moniestasalioby 1 E. 3.0 54 -H. 4 - c. 13. The Statute for the preffng of Souldiers for Ireland, 17 Curoti ExaCK, * Mat.Paris ColleSt.p.ryy The* Barons oppofition andrefufaltoal- i ft i»jt. p* fift King Henry the 3 in theirperfot s or purfes in his foraign » 7 *. ? 34 . SS years in Apulia and ell e where, -as no way obliged thereun- Vamtlf.JlU tQ< 7 -fo "Petition and Proteftation of the Lords and Commons X *%t ntj So- ht* Parliament againft ferving the King inperftw , or cantri- vtrugn power button to his wars in Flanders, and other foraign parts. 2 J Of Pari. 6, ft £.X. JValftngham Hift. p, 3 5 , 37 > 3 & Henry de Knyghton de Event. Angl, 1 . 3.C.11J14 or in Gafcoign, France>Nor- mandy, Scotland) or Ireland, (fookji Infttt. p. 5 28. 4H. 4.n.48. 1 H. y. n. 17.7H. y.n.p. i8.R.2.n.6. So none once banifoed the Realm by Judgement -or Aft of • • ?. A Parliament, can, mayor- ought, by the fundamental and known common Laws of England., to be reft or ed and re* called again, but only by a like judgement A£t and Re- ftitution in full Parliament, as is adjudged, declared >te- folved by the cafes and Petitions of the two Spencers , and Pierce Cjavcfton, Waifingh.Ypodig.Tfeuft.p.i 04,101 * 5 a* Hift. Angl.p. 6%. 71, 72* Holinfhedp. 3 a 8. Speeds 674. The Printed Statute of 20 2 ^ 2, *.<< 5 . for the ■refti* tsutxon oiBtlknap s and the -other exiled Judges, 2 8 £• 3 • long diJamtmdAmintr, &c, Rot. Pari. ». 8. to) 14 and 29 E. 3. fFjt. J > *Kl.n..i$. , ie f c ^ 1 ’ iflo the repeal of the Judgement inParliamentfigamit Re- trer JMfoitrrney* farlof Jlrffifch > 17 R* Z* A* ? v * ' ■tor the pardon and reltituticn of the J uftices hanilhed in to Ini nd il.R. i.tr. y^.wyi • %:«tafoiwii«» of the Teceal ot the exile of Hugh de la Sjencer, Father and Son , Jin. 1 5 E. 2. and the rev ocat ion of the repeal theieor sin 1 E. 3.I A notable full record in point.] We* ^a*w**osbems& : of Abbot Dunfion his fer.Wice ofdsamfhmcm by IOrg /Edgar •and his great Cour.cilheld at lirentfcrd.E.XJC.O Dom. 9 59 * 3 n ,„i cbroit.Tit H.7.10.4H.7. to. 1 H.7, 4 * 10H.7. 2 2 .i. a 5 £• 5 * ofi.f\ 6 {. Fit^.Veth. 2.9E. 2. 23.24.9E.4. i.£. with iundry 0 - spelman. con- therRec otdsfor the repeals of Iiidgements and u 4 61 sofformer cil, p, 439* Parliaments, by the fubfequent Judgements and Jills of ou.er Parliaments , in (fooks 4 Inftitute-s>-c-. 1. ani dlfbes Ta¬ bles. Parliament. itf. and Statutes .68. Therefore the Jews being lo Ions? hnee by Judgement, Edia and De¬ cree both ofthe King and Parliament for ever banifhed out of England^ never fince repealed or reverted) neither may,'nor cabby Law be re-admitted)reduced into E n g~ land again, but'by common content and A a of Parlia¬ ment,‘Which I conceive 'they will never be able to ob- tam. I have now prefented yon with a true H tflor xat and ex all Chronological Relation of the Jews firfr admiffion in¬ to England-, ( not inthe-time of the Emperour Cenflrantive the great ) as fome groundlefiy would coflea •> from his * Socrates * General Epifile to all Churches, touching the Decrees rf Scholasi. l, t .e. the Council of N ice , and the unanimous ebfervatwn of the 9. Tbeed.l,4.c. Feaft of Idler, not after the Jewifh computation ; wherein to. therei s ment ion of the Chur dees-m Britain , ( as well as in Rome, Africkj) Spain, Prance, and Other places) concur-^ ring with 'other Churches ‘herein ; but not one fytlable of #50, 651. any Jews therein, or in ‘Britain then; nor in any other Spelmn. con- particular'places , butonelf thefe general paftages a- Cl - -t* '44* gaintVChrimans complying with them m rheir Patchal ohfervation. dcpr'rmmn epudem mdigna Yes fuit fanftif- fimum tunrdiem imitattoKc t clique 'canfuetudinc Itidtonm ee- L hbrare. 66 A fhort Demurrer to the Jervs lebra.e, qui mantdus fttts tie far to flags tio com am in at is , non injuria quoque animis funt excacatt > homines feeler a ti. Quidnienim I'.ceat,gente ea re jell a, reltlore-, verioreque or- dine, quern d primo pafsion'ts die hucnfque fervav'tmus,ad fu. tura qttoque facula obfervationis hit jus rttum tranfmittere ? Item nihil nobis commune fit cum in jefit fin a Judaorum tur- ba,&c. Quin & fir til or ipfa atqtte exallior ratio flqgtta- revidetur , NE.QllA NOBIS CUM Ili‘Ijy im- into our Ifiandr, and like wife refolve the veryjewes perfettix. themfelves, that they have little cauie or reafon at all to fi n d. defire to re-plant themlel ves in England , where their an- mge, ihxlio", ce ^ ors .in times paft,fufteined fo many naileries,maflacres Sett?7, ’ ’ ’ affronts,oporeflions,fleecings upon all occafions,8cthem- felvei 9 long discontinued Remitter , &c. 67 felves can expea little better iifage tor the future. To this principal part of my undertaking, for fuller fatisfa- iws and Statutes, thefe following, make *W’V° 9 W* direaiy or obliquely, by way of neceffary coniequence, adEadmrum againft their re-admillton. * 1. ror their Jewilh Synagogues,Worfbip,Sacraments, makes this one Religion; thefe ancient,pious Laws of our Saxon and Da- of the Con q. mfh Kings ( made in their great Parliaments and Coun- ols before the Jews firft coming into England ) ftrongly ynmUfuS' oppole their admiflion now. • omnia> tinum As namely the (V) Laws of King Alfred and Guthern , Deum P er tot j* Lex 1. 2. of King Ethelred in the Council of lALnham, c. Re & numno P%> L* 2 ? 7 2 £’ ^ °* °f Hah am, c. j. with the Laws of King fidmTbm” 1 Knute the Dane, Lex 1.2 7, 2 8. All which enaa, “ That femper invio - “ the only true God and our Lord be loved, vyorfhipped la l am cu ft°~ “ mall ages by all the people, with all their might : the f- n ( one Chriftian, holy Catholic k faith, orthodoxly kept, kiZ Lam La « an d ’ ^ A ffart- Ikmrmta the t > ^Churches of* God to- be diligently.; frequented it throughout the Reaim. That all. Pagan time and' falfe- t« Rdigioasbc renounced both in words and deeds j That who ever wickedly refifteth the Laws of Chriil, fhall « he grievoufly hired and put to death'. 1 and, chat-all men « fhoulddiligently iejk out by all means 5 Utretta Q'krifti « reLoto mtximt provehatur ; That the right religion of « Chrid might be moll of all advanced .• obceiling all Ec- oeleliaUicatand' fecular perlbns again and again; moll eametHy to keep the fineere faith unantmoulfy in the true God f and the right Chrillhn faith in a right man - « ner; diligently to hear the Teachers of Gods wordjilu- “•dioully to follow their Dodfrjne and Precepts;, tomain- << tain peace and tranquility in the Church of God 5 and i c there diligently to pour forth their prayer?. All which particulars exclude all Jewifh Synagogues, and Judaifme, and are of perpetual force , being grounded on the very Law of God.. if ij ) Spelman. Moreover King (k^yCnute his Ecclefiaflical Lawes ConciI,f, 51 3* [made by the ad.ife of his wife men, to be obierved 566 , throughout all England. ] prohibited, That no Qhriffoan Ihouldbe folder fent out of the Realm *, of- bdnifked am on a ft, thofe who had not as yet embraced the faith in Chrift, lei ? per adventure t hofe Souls fhould- peri (h at anf time , which, cur LirdjefusChriJb had redeemed with hisewn blood and life, IfChriftians for this caule ought not to be lent-, fold or banifhed amongll Jews and Infidels, much more then ought not Infidel Jews, with their Jewifh Synagogues, Religion,Ceremomes,tobe now introduced amongft us Chriilians, to the, hazard of many Chriftian Souls redee¬ med by Chrillsblood. . 2. All the Statutes concerning- Uniformity of Common. Service, and adminijlration of the Sacraments , as I Ed, 6. c, t,a* 2 Ed, c • 1 « 6 Ed, S, q, 1 .1 Elm., c , 2• 2^ Elisi*, c, t. 3$ Eliz>.c. 1.2. [ moll of them ftill in force, being ne ver legally repealed ] do fully and direiily oppugne the introductionof any Jewifh Synagogues, Service, Sacra¬ ments, W orfhip, Ceremonies, with the ule of them in any jlace within our Realm. ? 3-The _ -- ■ 1 ** ■ I III I II I I - long difawti fitted Remitter , c. 6f 3. The Statutes of y.f. 6 ,c. 10.1,3 £hz*.c,z. 23 £/«.. c ; . i.1 a8 Elixt, c. a. 6, 3 5 £&&. c. 1. 3. c. 4* Jtopifh Recufants , Semin#] Priefis , Jefuites , Frier;^ Maffe- Books-, Agnus Dei’s ,Popifh Book]-, Superflitions: for , «/*«.- t/)f withdrawing of the Subjects of this Realm , Jrcw r^>£ putlique Ordinances , Sacraments and Religion here efiabli- fhed ; and for speedy banifhing all Seminary Pr tests and fe - keeping them perpetually out of the Rjalm (up¬ on this account, amongtt others ) though profiling Chritt, Chritiian Religion and agreeing with us in all Ar¬ ticles of the Creed, and mod fundamental points ofChri- ftianity- - Mutt in Subttance, Law, Reafon, (in this re¬ gard ) much more perpetually exclude , abolifhall Jews, jewifh Prietts; Robbies, Synagogues, worfhip, Ceremo¬ nies, Superttitions, out of-our Dominions, being far more difhonourable-to Chritt, oppofite to our Chrittian Reli- oion, anddettruftive to the peoples fouls, if once- ad¬ mitted, then any jefuites, Seminary Prietts, Friers, Po- pilh Recufants, or any Tfgmifh Maffes;Superttitions what- fpever. And if the Jewifh Prietts, Judaiim, and Jewifh Ceremonies, may be now let up and pr abided publiquely amongtt us, notwithttanding a'l thefe Statutes,then much more Mafle-Prietts,Maifes, Popery, and Prelacy, by the felf-fame reafon, juftice, equity. To thefe I might annex all the late Ordinances for the TJirettrory , The folemn League and(fovenant , and for Sup- prajfing, punifhmg of Herefy And Blafphemy : therefore of 'jsidaifm , which is both Herefy and Blafphemy , and jevv- i(h alfemblies, the very Synagogues of Sat n\ and Jews great blafpemeys, by Chritts ownrefolution , Rev. z. 9 . c.* 3 .9,'Atts 18. 6 ‘R° m ' 2. at. With the late printed ( l ) Injlrument of Government , which although‘it allows {l) hiticle^ not only toleration , but protection to all Setts and Religions , profejfing faith in Ged through Jefus Chrifl^ (though differing from the Dottrine and Difcipline publickjy held forth m the Nation ) except only to Popery and Prelacy, yet certain¬ ly it can no ways extend to the toleration or protection * f »{ lews-, and their * Antichrijtian blafphemses againft (fhrifi % J j 0 bn 7. 1 3 ^ him- 7 ° A jhort Demurrer to the Jews . „ „ bmMiwdihcgcrtlei feeing they are fo far from profef- h JP e eial Alls of Parliament ; it being one of the and aft,, cor. gfeateit Intrenchments that can be upon the Snglifh Na- * v ration and tions Rights 5 Liberties ^ Cultoms 9 priviled^cs * pro* vtsAOr/ltiniP ftr 1 1 r r .. K ^wogttive. ht, and a violation ot all the former Charters , Vnviiedgcs, lights, Fravchifesy confirmed to them by the great Charter of England f forty times fince ratified by new Aas of Par¬ liament.) This is evident by the Statutes of CMagna Qhartarc. 9 - 37. 34 £. t. 04. 1 E. 3.09.14E. 3. c. 1. 1. H. 4. c. 1. 2. H. 4. c. x. 7. H. 4. c. 1. 9. H. 4. c. 1. 1 3 ’ ^' 4 * c * * • ?• H. y,c. 1. 2.H. 6 .c. 1. compared with 2 h. 3.C. 9 . 27. E. 3.C. 1 . to 29. 28 E. 3. 13. 15, 39. AC,, *^ir\Y'V l9 a^'V c ; 12 ’ and a11 other a <^5 for the f'Pf R ^ al (°) Staple and Sty hard : and with 3.E.4. c. 6 . 1. R. 3. c.p. 14H.8.C. 2. 21 H. 8. c. 16.22 H. 8. c . 8. 32H.8. c. 16. touching Artificers, Merchants and Aliens. * See my So. „ •? 1 7* Th . c * P reambles of the Statute of CMerton, 20H.3. veraign power f. ’ I# withe. 17. 48. (5 E. I. of Quo fVarranto , and of of Parliaments tjlocetter-, 1 3 E. 1. 1 2 E. 2. of TorK 9,10,14,1 e, 2 s, panzp.ye, 28,36, 37 .B.,...3,6,7,s,xo, 77 , 78 . R. 2.1,2,4, < 5 . H.4. x, 8, 10, 1 2. 3<5.H. 6. 1 8E. 3. c. ^ 2 ’la Pa l l ‘ n * 3 6 ?4°* 6H.6.c. y. and o- ther A.ts, declare and refolve. That the Kings ^/England long difcontinued Remitter,#c. 7* h their Oath and Duty, and the Lords and (Commons in Par¬ liament , are all obliged by their trufis and our Laws, to ad¬ vance, uphold, maintain and defend the welfare, wealth, fafe- ty of the Church , Realm , Subjeds, People of England, and to prevent, redrefe, fupprefe, remove by wholefom Laws and Ordinances, all Grievances, Mfchicfs , Damages, Inconveni¬ ences, Difinherifons contrary thereunto ; k being a fundamen¬ tal Maxime both in our Laws and Law-Books , SALUS POPULI SUPREMA LEX: which the Army Officers m their Declaration of 1 6 Novemb. 1648. and Mr. John Pjm, m his Speech againti Strafford , 1 2 April 1641. p. ?. &c. printed by the Commons fpecial Order, much infill on. Moreo ver, it is another Maxime in our Law, *Sum- * cooks'Rewts ma ratio esl, cpua pro rehgwne facit. Now the admiffion Uo./.'fj. of the Jews into England, as appeareth by the Statute de judaifmo, and premiied Hillories, is no way confident with the welfare, profit, wealth, fafety of the Church i Kealm, Subjefts,People, or Religion of England, and will be an extraordinary damage, mifchief, grievance, inconvenience, and difinherilon to them all. Therefore prohibited, em&ed againd by the general fcope of all thele Laws and Maxims, and no ways to be admitted. 4 ly- The J ews heretofore in England, and Hill in all [pi M S ee Cent. 0 er parts, being molt grievous Clippers, coyners, forgers Mag. 3, to 13, of money, Vjurers, Extortioners, andthe greateft cheators, co- c ' J 4- Alberti Zeners, Impofiors in the world, in all their CKerchand^es whatfoever: upon this attempt they “ZZmlii are and ought to be .11x11 excluded, and never readmit'jatJIS **#•»» unlefawe in end to have them nTZfe f Z ttiled by them and others among us, than ever here- pery,&c. i 0 ™ The rather, becaufe they were never admitted tree Trading and Habitation in England by [r] any G f our 0] see Rafhds J->aws touching Alien OUerchants, and Artificers free Traf- abridgment, fickjmongjt tts , from the time of their foremencioned ba- rit ; T n i am atlhment, till this preleut, under the 7 ^ A f)wt Demurrer to the Jem ■of feres, Forau n Merchants, or,Artificers. Andtheffare not robe admitted to'thofe new defired privi ledges,from Which all thefe forecited Laws (in my weak judgement') with the former old Parliamentary judgement) and E- diii, tor their yer^etital baniftment, 'inEaw, J’uftice, Con- -feienee, Hill debarre themre-admittsnee, til repealed; and they ( if ever readmitted againft all thefe Adis and Statutes ) mult be introduced, re-fecled by (pedal Adds of Parliament, which no Engrifh Parliament ('in proba¬ bility ) will ever indulge unto them, as the peoples ge¬ neral prefent declamations in all places, againft their en¬ deavoured introduction, prognoftick. And thus mitchl thought meet to inform the Nation, touching thole Law s and Statutes which an my poor opinion; direiily, or by confequence oppofe their re-admilfion, and refute thole Lawyers mil-information, who confidently averred, there ■is no Law of England at all againft if Mr. Nye did ‘truly inform me. 2. For Scriptures, thefe Texts may refolutely engage us againft their re -admiflicn, 1. Matth.5.13. Luke I 4 - 14 )? 5 * Salt is good: put if the fait have loft its favor, wr. erewitb fhrill it be feajined ? ft is neither fit for the land , n ir jet for the dttnghtlftut to be caft out , and to be trodden under fr,to- men. This is the condition of the Jews, who have loftbcrh'theirSaviour and'their favor too. Therefore not fit for ourland, nor yet for our ditnghils , but to be keot and caft out firm amoiiglt us, and trodden under foot of all true ChrilEah Wen,^whiles Unbeliever s. 2. T Cor. 1 6. 22. If any man hve not the Lord Jefus Chrift,let him be Anathema Maranatha. Thatis, fepara- ted and caft out from all Cniiftian lociety alid commu¬ nion until the day of judgement; the highefti to'Whichthey can pretend no right, ; 3 • long difcontinued Remitter , &c. -—^7 6 . 14 ,! to- .ether with unbelievers ; for ,what fellowfhip hath nghteonf- nefs with mrighteoufnefs < aud what commimon hath Mr withdarknefs ? 4 »d «»«rd £«£ Chnfi With Behai . and what {art hath hethatbeheveth wnh an Infidel and what agreement hath the Temple cf $od with Idols &c Wherefore come out from among them , and be ye ferrate faith the Lord ,, and touch no unclean thing , and will receive you. The unconver ted Jews, are both Unbelievers , Infidels , fDarknefs , Belialilts, and the very Synagogue of Satan , as the Scripture refolves them? > 4 #* T 4 * 1 • ^~ ar ’ * ix. 20.23.32. HebA- 6 .ii- loh” t. 5 . Mat. 8. 12. £#*.».?. x Thejf. 2. i 4 , 15 , itf. Therefore we Chriftians ought not to be unequally yoaked, or to have anv fellowfhip, communion, agreement, part or mixture with them; much lefs to receive them into our land and bofoms, from whence they were formerly fpuedout > but to keep our felves feparated from amongtt them, Jell God rejeft us, as he hath done them. 4. 2 John d. 7. isthecommandement that ye have heard from the beginning, that ye fhouldwalkm *■ For "T? deceivers are entred into the world, ®Efl )0 COttftfS ItOt tyStt Sefcw Ctofttfe come in fte fleflt): te a SDecelbet ano an gfttfcfofftf Sc v.io, H . ^ofoevertranfgreffeth,and abtdeth not in the doctrine of Chrift , W> : f e that . a .‘ bideth in the chorine ofChrifi, he hath both the Fat her and the Sonne. If there come any unto you,and bring not thtsDottnne receive him not into your houfi ?, neither bid him, God fpeed ■ for he that biddeth him God .feed , is partaker of his evil deeds. The Jews are thefe ‘Deceivers and Antichryts^ who conrds not, butabfolutelydeny,that Jelus Chrirtiscomeinthe flefh & they abide not in the Dotlrinof Chrift;and if they come unto us,'they will not bring this Doarine to us, but the quite contrary. Therefore we ought not to receive them into our Dominions or Houfes,nor bid or wilh them God fpeed, in returning to dwell amongft us. And lta- ny do the contrary, they are t nd fhall be partakers or their evil deeds. M 74 A fhort Demurrer to the Jem * A8s 4. iy r 40. c. 13.4*. JL*£ tbofo who now imitate thm , in ejett¬ ing & jtlcncing Ministers f rom preaching , aw- fider & repent *f this Jewijh 5. Tic.I. io,ii, 13,14. iw ‘* n ^t kr ' 1 *"r «I*WI t fl, ep ot „ Ctccttmctuon; »w/ ? mouthes mu ft be Stopped, fo&o fttbtterf b)l)Ole . teaching things which they ought not, for filthy lucres fake. Wherefore rebuke them (bar ply, that they may be found in the faith : $ 0 t gtbfag fjecU fO 3 (etof(& ifa&les, and commandements Of SJ&ett tfjat tltttt ftOttl t&e SCtUflj* It the circumciled Jews were luch unruly Decei.ers, ie facers and lubvercers of whole hou'es>even in the Apoltles own daye.s, and their Jevvilh fables then did turn fo many from the truth, to prevent which, their mouthes were the» to be Stopped, With what colour of Chriflianity, piety con'ci- enee, can we call theminamongfl usnow, in thefe times of fearful,and almoft umverfal Apoflacy from the truth md give them leave to Pet up their Synagogues,and open their blafphemous mouthes here in EnglanX, even when many orthoaoxMmillers mouths are quite flopped up in publick & pnvat, without hearing, to the great Joy both'of lefuks and lews , (even whiles their re-admillion amongfl us is in agitation ) when lets dangerous feducets are freely permit- ted to ramble abroad in all places, and have lub verted whole houfes, pariilies, and almoft Cities and Counties too, to Gods diflionour, and the danger of the peoples louls. r r ... 1 Thelf. 3. 14,1 5\id. For ye alfo have Suffered Lk f th ' m g* °U our Countrymen, even an they have of the lews : who both killed the Lord lefus, and their own Prophets, and have perfeuted {or chafed out) us, and they pleafe not God, and. are contrary to all men : * Forbidding HS to fbeakjo the th * th f V ml & ht kf*v*d, to fillup their fins alway : m the fwath ia come ttpon tf>em fo tfje attermofc l his Golpel character of the Jews, expreiling their tran- Icendent malice to the Lord Jefus, their own Prophets, the very Apoltles themlelves, the Gentiles., with * their contrariety to God,andallothermen>andGodswrath upon them for it to the uttermoll: adminifter plenty ofirwin- able arguments, a-ainlt our recei ving them in again a- mongft us, lell they bring along with rhem the extremi- long difcontinued Remitter, &c. ty of Gods wrath upon the whole English Nation, who have enough thereof already, and are likely to feel mo^e ofit,ifthey really imitate or play the Jews, and filence call out their own Prophets, Minilters , Countrymen in thefe and other particulars. 1 .. 7 ;,.c d j S l8 ; 5, 1 <5 ’ 7 ’ ‘‘Paul Was prefled inspirit, and tenified to the Jews that Jefus was theChrill. And when “they oppded themlelves and blalphemed, he fhooke his “ rayment, and fatd unto them , your blood be upon vour “own heads: I am clean , from henceforth, I will' “ . unto £ he Gentiles. And he departed thence and entred “ into a certain mans houle named juftus , who worfhip- “ ped God. See. compared with Afts 13. 44. t » 52. The “ ne f c Sabbath-day came almoll the whole City toother “ to hear t l ie word of God •• but when the Jews faw the “multitude, they were filled with envy, and lpoke a- -ainfttholethinagthat were fpoken by Paul, contra- “ diamond blafpheming: Then Paul and Barnabas wax- nu dfai u ’ lt: r Wa , S nece(rar y the word of God fhould firft have been lpoken unto you; but becaufe ve “put it from you, and judge your fehes unworthy ofe- ^' er J afl K in ? llfi G ioetoctamtotljc Ocntfies; For ib hath the Lord commanded us, See And the word of the « Lord was pubnlbed throughout all the Region. But “ anb fc W l^f ed Up r th , e d ^. out and honourable women, and the chief men of the City, and railed perfection againft Paul ahd Barnabas, and expelled them out of “ their coafis, but they (hook olf the duft of their feet a- gamiithem, and came unto Iconium .* See the lilr,» Aa * ? 7 * 5 *ro 15. c. 19. 8,9, io. c . 28. 25.ro 31. This m ? U “°us carriage and perfection of the Jews, even a- gainfl. the Apofiles themlelves, their Do&rine, and the £fr l es n a van °u ’ L ndcaftin S them malicioufly out of their coafts ; with their Separation from them, and turn- bv g GS? 6 VCS Wh ° ly j° 1 j e Gentil es upon this account, p ?r°n x ?- VV ^i Command 5 demonftrates , what all Gods faithlull Mmifiers, and we Chriltian Gentiles muft expea from them now: and that being formerly callout of our ^ 2 ^ Coaftg / d Jkort Demurrer to the Jews * t3 Coarts by our Anchors for their infidelity, crucifying Chrirt in his Members, and luch like mifdemeanors, and fo beirn totally feparated in cohabitation and communion from us, we neither may nor ought now to refume them into our Land, Bofoms or Communion again, upon any pretences whatsoever. The rather for that Uf'artin Lu¬ ther on Mich 1 4.1 .2 .and Mr. Samuel Purchas in his * Pil- V* *• c ' orima^e inform* us , That fo oner than the Jews would endure that the Gentiles , whom in their dayly prayers they curfe and revile, (hould have any part with them in their Mefftas , and he accounted coheirs thereof , they wouldcrut fy ten MeJJiahs, ycA if it wove fojjible would do to deuth God himfctf ? with stit the Angels and creatures elfe , although they Jhould therefore undergoe a thoufand Hells. _ 8. When God was bringing the Jews into the promt* fed Land which he gave them to inherit, he gave them thele 1'pecial commands. “ Thou (halt drive the Inha- “ bitants of the land out before thee (/ ) Thou (halt make ^s)Extd. tj. ( t noCo’ enant with them > nor with their Gods, !I , rr , o 3 i5' C ' tt «« ot&to0lUnt ^ Un6 ’ left they make thee hn a- lTJ:?.t.'to “ gamlt me, and it b: a mare in the midll of thee. Thou j 0 f. 13.3. <1 flialt make no Covenant with them -> nor fhew mercy to to 15. Jtidg. i, c c them, Neither (halt thou make marriages with them. 3 > 4 * a -j hy Daughter thou (halt not give unto his Son, nor his w Daughter fhalt thou take unto thy Son, for they will u t urn° away thy Sons from following me, that they « may ferve other Gods, fo will the anger of the Lord be « kindled againft thee, and deftroy thee Suddenly ; If ye u dot in tUtjiDffe go back, and cleave unto the remnant « of thele Nations, and go in unto them, and they to you, know for a certain, that the Lord will no more drive out u any ofthefe Nations before you; but they (ball be fnares tCind traps unto you,and fcourges in your fides,and thorns a i n your eyes, until you perifo from the good Land which “the Lord your God giveth you.- But thus ye (hall deal « with them, ye (hall deftroy their Altars, and break a down their Images, and cut down their groves, &c. for <* thou art an holy people unto the Lor^ thy God,» Now, Wk long difamtinued Remitter , &c. 77 the n ot ojJM wtoftbtfe^atfons bg tfoBlCwdtte* from wnongft them, according to tneie commands of Gods is charged as a pedal fin upon them by God , em.ced then to /- doUry, and brought bis fevere wrath upon them, judges I, 27.1036.0.2. 2, 3’ 12,13,1 $>, 20, 21,22, 23. and is thusexprelfedby the Plalmilf Pfal. 106. 34 -to 43 - They did not defray the Nation t conceiting whom to* Lvrd com- mandedtlw but t»ete mtngle& amongtt tbe beattjen, an® leatneo tbett foOjttff , ana they fervid their J doty, which were a fare unto them , yea they facrtfeed their Sens and ‘Daughters unto Devils , and fed innocent blood , even the blood of their Sons and Daughters , whom they faery feed unto the Idols of Canaan, and their Land was defiled with b ood. Therefore was the wrath of the Lord kindled agamfi his pej le, infomuch that he abhorred his own inheritance , and he gave them into the hands of the Heathen , and they that hated them were Lords over them-, their enemies alfoopprefed them-, they were brought unto fubjettion under their hands. The mora- litv, oround and equity of which precepts, astheyjulhfie our Ancellors expulhon of the Jews out of England , with their adulterous worfhip,Ceremonies & Synagogues here¬ tofore. So I conceive they lirongly oblige all EngUih Chrillians ( efpecially after our lat efolemn League andCo- venant ) to feclude and keep them out from re-enmng, coming in, mingling , and dwelling among us now, for fear they draw the felfefemc fed cffc6tS) and bring down the fame, or like heavy judgements of God upon us> as thefe Scriptures threatned, and God himielt in- fliaed on the Israelites for tran'.greffiag them. In brief, the Parables of the Vineyard and Husband¬ men, the King going into foraign parts, and Marriage- Supper, tJMat. 21.3 3.to 46.c. 22. 2. to 1 i.c. 23. 21. to the end. CAlar. 12.1. &c. Luk, 1 9 .12. to 2 8.c. 2 0.9. &c. particularly apulyed to the‘ Jews, anil notably let¬ ting out their defperate malice againft our Saviours Per- fon, Kingdom, Government, Ordinances, Minitters, Gol- ®el, andTiis rejeaion of them for it. Together with Rom . 16, 17,18.31. 32 .1 Cor, 5 . 4 3* 3 • Mat. 7. ■ " -f ' "" M? — s *5* c * 7 » A jhort Demurrer to the Jews I 5 • C. I d. 7 «II. I 2< 17 Col. 2. 8, 2 /Vt. 3. Iy. c. 2.1 See. 7, 8. 20, 21, 22. 2 Tim. 3. I. to 10. C. 2. id. 17 Titus 3.1 o. 11. "Rjv. 2. p. 14. Heb. 6. 4. to p. c. 1 d, 2d. to 3 2. Pb. 4. 2, 3. 2p. 30. will ail furnifh us with fundry arguments againit their re-admi;Tion amon*ft IU , as likewile /W9.27. iZ.Amos 3 .2.Pfal. 101. 2,4 c, < 7, 8. p/4/, up. 104. P/k/. 159. 21, 22 .Numb. 8’. 13! ^* m b'}6. 2d, 27. PJal. 6. 8. Vfal. 1 ip. 115. P/ 4 /. S ,J. 1 o. which every good Chrillian may perule at lealure,and apply as he lees caufe. 3. For Reafons again!! their re-ad million into England the^ are divers., Theological, Political, and mm or x. Godhimlelfbyhis Prophets, Son, Apoilles, before their rvje&ion, while they were his fpecial, peculiar chofen people , treafure, above all other Nations of the world, moil frequently complains of them, and the °e- C t ) Deut. 9 . ® e ^Uty ofthe Nation( t) “ That they were a moftretel- 7 > 13. c.si. Rou-,dilobedient,gainlaying, iliff-necked, imrenittnt , 17. Exod. 31, “ incorrigible, adulterous, whorilh, impudent, froward, m 78 9 o a ^ a r Cfle ’ P^f^^eatherous,revoking,back-fliding, Itubborn, untoward,hard- »*.<• J. >J. , hearted, hypocritical, fooliOi, fctiiftv^rutifli.ftimid, € * S. c. i. • gratetull, Covenant breaking Nation, Houle, People* Yr~'*l' r \\ a foed otevil doers, a generation of Vipers, doin* evil IlUXt Wlth both hands, according to all the Nwiom to9. c. 3.I 7 . ‘ forgetting himdays without number, alwayes erring in s a 1 jT hearCS ’ Snd ^obeying his voices and the like j ! can we then harbour fuch a Nation as this, Afli 7 . ft, fi- ando.btr texts, Uvit, %$.Deut, 18. Ifaj, c. i.&n.&r. c . *• e. t.to j. u%ecb. c. ». w Ho(. c. i. to lr yi/ r ?’ andt.Bmos, c .». toj, Mai, c. t. & 1, zeph. 1. zaeb. 11. 1 flWp 17 t cbrtn * it Mat. *4. £ that wrath Is come upon them to the utermofi , i ThelT. 2. 1 M 5, And can or lhall we then receive, fuch a Nation as this into our bc- ioms now, without entertaining, and pulling upon us, that wrath and thefe curies of God which are denounced againlt, and do now purl'ue and accompany them in all places? , 3. The Jews were alwaies heretofore a verymurmu- rwg, mutinous, difcontented, rebellious, fedittous people for the molt tart^not L„*. \ / r r,,L e a* K l& and a S °vera'gns, and contemning, difibeyina , 2 Sam.iiYfa flaying, killing, Jloning the Prophets, Meffengers whom God »r. > %£* * fent unto them Whence God himfelf gives us this black c -»*•*. 4 . c. Charter of them, 2 Chron. 56. 15, id. And the Lord 1 /' z God of their Fathers fent unto them by his ^Meffengers, up betimes, and Cendino-. C»Jt his people, till / Cl 1' there wasno.remtdy,&c. And our Saviour Chrill a vvorfe: ifT b ’ , ^ u ‘ 1 3 * 3 3 > 34 « 11 isimpoffible (or cannot be) that a Pro- ' ° * 4 * fhetpenfh out of Jerufalem : Mat. 23. 27 .0 Jerufalem, Jerufalem, thou that ktllefi the prophets, and ftonefl thofe then are fent un,o thee 1 Which St. Stephen thus feconds , Afts 7. 51-5 2. Te fttff-necked anduncircumctfed in heart > ,snd ears , ye do alwaies refifr the holy, Ghofi as your fathers did. So A jhort Demurrer to the jests did Jo do ye} IV.cb of the Prophets have not your Fathers perfected; and th'’»> Covenant in their head, « » *■ ar.u. a* i videiuhv A its t 5.45t46,+7-e.i S>.9 .c.'28.iS,J(S> » 7 :p®; Tbeff. 1.14, Iia.s.i 4 .t 0 17.C.10. 22,25.c.2?.8.to I 5 *c* iy, itf. z-t. \ Remitter, O c. 8 1 •p.c. 53 * i* Jcr.6* io.c.7* 29. c. 14* 19 Lam. 5* 22. ■H0L1.P. io.c.4.Mat. 13. 13, 14,15. c-21.24.to 46 .c. 22.2.to 11. Mar. 4. 1 2. Luk. 2. 34. c. 8. 10, &c. Johnp. 3P.41.C.12. 37-to 44. Rom. 9 . 24. to 33. c. 10.16.1 p. 20,21.c. 11.5.7.&C. 1 Their.2.14,15,16. Heb. 10.26. to 31. compared together. Which Texts conjoyned vvithLu. 18. 8. Mat. 24. p.to 15. Joh. 1.11. 1 Tim. 4.1, 2,3.2 Tim. 1.3.to 10. c.4.3,4. 2 Pet. 2. 1.2.See. c. 3. 3.1. John 2.18. Jude 18. in my judg¬ ment unanfwerably refute> that commonly received opi¬ nion , of the calling and converfion of the whole Nation and Body of the lews m thefe latter dayesto the faith of Chrift, andjuch glorious Goff el times in the laft age of the world , which fome have over-confidently averted, and now in¬ fill on,as the chiefeft argument for calling in the Jews a- rnongft us at this leafon, asifthey were able more effe¬ ctually to perfwade, convert them, then either their own Prophets, or Chrift himfelf and his Apoflles, and remove that veil of obllinate blindnefl'e? and obduration, which Cod hath laid upon their hearts and eies, to this very end , that they might neither fee , hear , nor under ftand > nor he converted , that he might heal them. A &s 2 8. 2 5 , 26, 27, 2 8. 5 . God himfelf, ( efpecially for their rejection of Jefus Chrift, and refilling him to be their King to rule and reign over them) hath utterly extirpated and ejected the Jews Ollt of their own promifed land, which himfelfbe- ftowed on them for their peculiar ( b ) inheritance, and habi- (b) Cen.it. 7 tation , andfetledthem in atlual yoffeftion thereof by an but- 8. c, z6. s. ; v«! ftretched hand, and power : yea,jeattered, dijperfedthem into U-IS.e.zj other Nations, like chaff before the wind , withoutany fixed 7 " 8 ‘ c ‘ habitation, according to the ancient commutations and j£/£7 3 il , » curfes lonofince denounced againft, and now fully exccu- teduponthem. Deut.28.d3,64,65.&c»Levit. 26. 33. p f- io*. n. 1 3 6 , ? 7 v 3 $> 39.-Deut.4.27.C. 32, 26. 1 Kings 14,15. Neh. 1. 8.Pial.io6. 27. Jer. p. itf. & 17. 24. c. 18. J 7 *c. 4 p. 32.36. Ezech. 5. 2. to 13.C. 12.14,15.C. 20. 23.C. 22. if.vDaniel i 2 . 7 .Zrach. 1. ai.Ezech. n. \ 6 , * 7.C. 5.8.17,21. which lcatcering, is^piincipally inten- N ded Sz A fhort Demurrer to the Jews ded oniy amonglf Heathen Nations , where theyfhoutd be totally deprived of all Cjods Ordinancesy and means off abb atir o»j & where they jhall ferve other Gods , which neither they nor their Fathers have known , even wood and Slone-, as thefe texts exprefiy refolve and-import. Therefore, to receive them into , and fettle them in our Chriilian Kingdom and (c) See A^dfland > whereunto they have no title, nor colour of in- 17. z8. Exod. herifance > which God. hath (c) appointed to the Englifh atone $d,43.Num.io for their portion , ( and therefore thefe Aliens may not invade 14.(0 n.c.iu or intrude themfeives into it , withoutthe whole Nationsge+ neralconfent ) is infome fence to croife thefeiacred Texts, judg. u; i'i. « n d neither convenient for us to grant, nor for them to to z^.Deut 2.9 requeft, being already o.ver-ltored with Native Englifh- a Chroti.io.iQ % meiV. JWwi % <°* ^‘ ncc Jews crucifixion of bur Saviour Jefus Vent. %6 9.' Chriii himlelf, and their extirpation and dilfipation for £ \ecb. 16. y, it, they have oft times in fundry places, agesjin high con- Exod. zo. 17, tempt and Jelpight of his perfon, and paflion, malicioufly IdSaW 1 ' a< ^ e ^ itover and over again in reprefentation, not only, We patjione* '> piercing his Images with ftvords and ffrears , and by (y') Imagines Cbri- fbabbingy piercing-) boy ling, b-armngybraying in a mortar , and fti: cent Magd. otherwife deffighting the confecratedSacramental bread>repre~ j cent 6 f eftt ‘ N g ^t crucified body, asthe Hiltorians in the Margin e»t!ilf.Centi ' at ^rg 8 relate ; and likgvalfe by crucifying a Ram at E after, cel. in. cent, as thef ; d‘dar(f) Syracufa, in one.year,-1113 : but likewife 10. col, 61%. by crucifying iundry Chriilian children on (food Fry day, cent.ri.c.gjj, OT near Eafter , onaCro fe, in a mod barbarous manner, porumf'^c™ * n derifion of our Saviours death and paffion. To preter- sigebetti cbro. mit thole 7. or & forecited ini lances in England alone , Hermannus I Hull inixance in lome forreign ones recorded by Hillori- scUed'i. cbjsn- ans< About the year ofour Lord,430. the Jews in their- clods' vol T" ? ,J h ick (V) Enterludes and Dances, held ontheir Sabbath, 0- Genet f $o, C antus ^andalia l, 4. Abraham 5 \pu\ns. Annul* Ecclef, An, 12*91. n, \6. Anno 1298. j;. i. A?.-1299,77,22, A7M399.tf.13. A#. 1406. ».20.A;M407.#.20. A#, 1491-, n, 7. A n. lfoj.n. 4. NaucL voL i s Cbronogr. genet . 44. Cent . Magd, 13. c, if. tol* 1187 • 12-88. (?) Cbton. Magn. Germanic,bn. 10 l6.p, 26%, 2 69, Hetminus Scbe* d:l. Chron. f.27%, 289. Genebt,tbronogr % p . 324, 815. Janfemus>l ,4. Met,Gallobelgicl (f) Johannis Bromton cbton . til, ioxy, (g) Socrates Scholaft . /. 7, c» 16. cent M%d. J. (. 14, long discontinued Remitter, &c, 8 - penly crucified a Chrifiian child in contempt and deriftonof Chrifis death and paffion, at Inmefiar in Syria; fir(l nailing h,m to a tree, and lifting him upon high ; then deriding and laughing at him; after that like mad men,fconrging him as • long as any breath remained in his body:whe> eupcn therearofe great contention between them and the Ckriftians-, and by the Emperours command, the Jews who had done this in left, were punifhed in earneft, Anno 1172. [h~] they crucifyed in like (hi Sfcebcrti manner another Chrifiian child at Bloys mFrance, and near continuum. the lame time>thejews at 0 An* 7 inFr 4 wc,crowned aChri- Cent. Magd , ftianman( whom they accufed for aMalefa&or)wichchorns, “V* then led him publickly about the Town, fcourgedhim , nt ” •** e ' with many ftripes,and at lafi crucified him in contempt of \y\ Antonini ^Thrill. Not long after the (ft) Jews at Paris in France, ebon, pars ». in like manner impioufly crucified a Chrifiian child called lie ' *7. faff. Richard, andfundryothers yearly. Anno 123 d. (A the Jews at the tJMonaftery of Fulda, killed many Chrifiianchil- 2^f, i[.Ga- dren tn a Mill,piercing them with ponyards, and fyueftg out guinus l. 6. their blood, to mix and kneadit with their unleavened bread de Francis, in their Paffeover, as was generally reported, which being dif- Cm -Magd. covered, many of them were burnt to death for it, & the reft co* grievoufly punifhed. Anno 1252. they maffacred andcru- Vincentm cified a Chrifiian Child * at tvijjinburgh. At(m ] Prague in Spec ■ HijlJ. Bohemia, the Jews on Good-Friday in the year 1283. U' c '/ 5, cmt ' [hutting their gates ,crucified a (fhriftian man, having fir ft of 1 ^Mulled' all done unto him in contempt, whatever they had learned cofm.l. i.p, was done to Christ by their Anceftors: which when the people 17°.* had difcovered, running to their arms, they raged cruelly (0 Fragken- againft and flew many of thefe impious Munhcrers. fit, I he Jews (») o Amo 12 86 . hole away, cruelly tormen- Hirfaug.Munt- ted, pricked with ponyards , drew the blood, and impi- yrus. centur. oufly crucified a Chrifiian Child called JVernerus, not far Ma i d - A- from the Rjyene in barbaroufly murthering him after fundry torments, {of Anno 1287. they tormented sl'^n^uds and crucified another Chrifiian Child at Bern called Ro-Bcl.Annal. Anno tif 1. n. 1 6. (tn) cranxius. 1 . 7. c.14. in Vandalia. Cent . Magdeb. 13. c. 14. (n)Cbron. Hirfcug. Cent. Magd. 13, c. 14. Fafciculus Temporum, Aventinus Anali- urn Boiorml. J. p, 1 76. (0) Scbaft. Munjieri cofm l. 3. p. 481. N 2 dolphus, 84 A fhort Demurrer to the Jews dtlphus , for which they were maflacred and cruelly hand • led by the furious vulgar .The Jews at (p) Trent on Good- Scbedel. Friday , in the year 1475. tortured , whipped, pierced chron. f. i8f. anc [ crucified to death aChrillian child,abouc 13 years old, ^us'sdbeUinu called Simeon, in contempt of Chrids paflion and Chritti^ Enead. 10. 1 . 6 . ans , kneeding their Palchal unleavened bread with his j7.74i.Bv blood, which Hidory is as large related by the Marginal «;» t A«.i479» Hiilorians; for which many of them were tortured,burnt ft'ePcofm^. Plain, put to death , and others banifoed the City: yet a!c.7i.p.300, 6 years after * Art. 148©. they again perpetrated the like [q-\‘chron, wickednefs in crucifying and torturing a child at a Town Hem. $ checi . called Motta near Fnttls , for which 3 of them were earri¬ ng*' 1 Sc ^ 4 * ed prifoners to Vmice , and there tortured and burnt to lAmjler c«f- alhes. And to indance in no more particulars. Vincenti - nogr. l.x.c. ms Beluacenfis Speculum Hi Ft. J. 29 «c. 2 5. Gaguinus l. 6. de 57. p. 1 7 I - Francis, fontur. (Jtytagd. 1 2 and I 3 c. 1 4* Antonini Qhron, * C Mn 7 ‘$ehed. P' 2, 3 */> 1 7 * f e ^' Mat.Par.Afr.Fox, andf others record, fiHsL-ULtas 6. * That the Jews in Paris & elfewhere,did every year deal t Parch as Pi/* ‘ fome Chridian child or other brought up in the Kings jrr'mage, 1. i.c, <■ Court, and carrying him to a lecret houfe or vault,did on io. Sett. 7 « ( Good-Friday, orEader-day, in contempt and deriiion ‘of Chrid and Chridian Religion, crucify nim on a Croffc *( as Chrid was crucified )and that they had been fre- ‘ quently apprehended perl'evering in this wickedneffe; ‘ for which,upon Deteffion,they were ulually murthered 9 *doned,burned, dedroyed, hanged by the furious multi¬ tudes violence, or executed, imprilbned, banifhed by * Chridian Kings and Magidrates; yet fuch was their ma- * lice to Chrid, that they would dill perlevere therein, 1 and ad it over again upon every opportunity : Which being lb fully judified by thefe many particular prefidents, proofs,-authorities,in fe veral ages,places,fufficientlyrefutes * Menajfeb Ben Israel his bare-denial, and poor fhifts to e- vade it, as fade and Icandalous- How can or dare we then receive into our Chridian Ifland, fuch barbarous, bloody obdinate murderers, and inveterate, incorrigible, malici¬ ous enemies to, and deriders, defpifers of our blelfed Sa¬ viours death and paid on, formerly cad out by our Anee- « dors * Humble Ad* drejfesp. 14, long diftcontinued Remitter , &c. 85 Hors (amongft ocher things)for their bloody impieties and unchrillianblafphemies of this nature , unlefl'e we firtt renounce both our Chrillianity and. Humanity at once,and become as bad as the very word of Jews i y.« The Jews ever lince their dilperlions,in all ages, pla¬ ce ces to their power, have been more bitter enemies to “ the Chrillians than the world of Pagans, bending all S their If udies, forces?wits, endeavours to hinder, op-; “pugne, blafpheme, extirpate the Chriliian Religion,' “ and all profeffors of it out of the world; Hirred up ma- fc ny bloody perfecutions againit them, upon all advanta¬ ges, confederating both with Julian the Apoflate, the “ Pagan Perftans, the Tartars, Sarazens, T urks, to mur- 4c der and delete them , having a great hand in railing the * JuJliniani “ 4th. perlecution , and murdering , * Honing to death , codicislib. 1 ; “burning, dellroyingeven thole of their own Nation, yea poyloning their own Wives, Children, for imbra- 4 * c> 2 ^ “cingChrilfianity. Moreover they have railed up many 1471. F'mcm- il {editions, rebellions againit Chriliian Princes, poyfo- tius Beluacenfis “ ned, dellroyed feme of them and their Nobles, yea, rai- speculum Hijl « ‘‘fed, occalioned many great popular Tumults, Commo- l< tions, Seditions againll them in all ages, places, as ‘5 well as formerly here in England , As you may read at large in Socrates Scholaflicus, EccU Hifi.l. 7. c. 13 . Zo- naras, Tom. 3. Paulas Diaconus , /. \ 6> 17, 18. Nicephorus Ecclef. Hi ft. 1 . 14. c. 14./. 17 .c. 6. Ambrofe Epifi. 1 . 5. ■ Epifi^ 2 9. Jerom. in cap. 4. ad (jalatas , & in Abdtam , So- xj>men-> Hijl. l.i.c. 8. ijMat. Paris H.Jron a Angl. p. 564. Aventinus Annal.Boyorum, l. 5. and Abbas ttfiergenfis Paraletp.p. 346. (jent. Magd.^.c. 14, 15. and c. 3 . col. 85 , 8 b.C«/f. r 4 , 5 ,< 5 , 7 , 8 , 9 , 11,12, 13. c. 3. 14,15. Mr. Fox Atls and Monument s> vol. i.p. 5 6. Manfieri Cofmogr. hvintinus 1 . 3. c. 71. p.482. 1 . 2.c. 71. p. 3 10, 1 . 3. c. 55^.583.707. Anaa/.Boyo- with lhndry others. Upon this ground, certain Chritli- rum * l - *•/’•. ans on the contrary, out of an over furious zeal, have err- deavoured to extirpate them all from under Heaven, un- Cenu Ji a gd. lelfe they would turn Chrillians. Anno. nci.(o u.c, 15.0^’ “ micho a German EarRand the Inhabitants near the Rhine, c«pil- _ $6 A fhort Demurrer to the Jews 38. p. 418 Cent. Magd m ix, c . i4* Genebrardi Cbronogr 4 l t t*6 “ pillaged,plundered,banifhed,(lew afiddeftroyed all the “ Jews m thole parts, w 10refufed to turn Chriitians, flav- “ i?S no le fie than twelve thouiand of them, many of the “ Jews killing each other with their own hands, to avoid C1 their fury, but the reii receiving baptifme, and turning « Chnlhans only to l ave their lives, relaofed to their |u- “ daiime again when the dorm was over. In the year (0) Otto de “ 1 14 6 - one (p) Rudolphtis a Monk , out of a mifouided Oefiis Fred, 1. “ bloody zeal , birred up many thouiands. of people in l‘r r Tf and h G rr" 7 ’ , the Rhm ’ totake “P the “ Croife tor the holy wars; exhorting them in his preach- “ jn .Vhat they ilioutdin the tint place kill and dellroy all “ the Jews , remaining e very where in the Cities and 4» “ Towns, as being the greacelt enemies of Chritt. The “leedsot which doitrine rook luch deep root in many “ Ci 1 les of France and Germany , that in a tumultuous re¬ ndition and uproar,they Hew molt of the Jews in thole si “ P arts » hue inch who fled into fenced Cities and Cables “ »nder the groteihon of the Emperor Fred, the 1: whrh bloody dodtrine and proceeding was reprehended* by St. 1 Bernards Letters to rhele people, informing them, “ That . “the Jews tor their exceifive wickedneOes^ were not ro ** foughBred. !>»< i„ the yew ofChfill rum. 1 . 7. p. 1 “ , ' C C 1 ) ® n e Bjndflatfcb an H u sbandmani n Germ any-, 0 - W.SuUun- pcnly preached to the people; “That he was fent from fieri cofmogr. “heaven,and fpecully chofen by God to root out the Acini' «i eWS ru Alld P roclaimc d«. who ever will Maid. c. ‘havetheChrilhanCommonwealth to be fafe, let him 15. f . 1*87. “ tollow Whereupon the people flockin- to him in mu rini/Jpe o,-,^1 _i_ * _ r 1 ^ _ « : 'a\v\\L ana ail other Towns ‘and Villages m Franconia and Bavaria , and flew many of them ’ th e greatelt part of them in thefe places, both men and women obftinately letting their own houfes “ on fire, and burning both them'elves, wives , children, “withtheir houfes, honfhpldflutf and goods together “ that they might not fall into the Chriftians hank j n w the long discontinued Remitter, &c. 87 the year (r) 134 9 - “ There being a great plague and mot- OJ* JJvJJJJ.' “tality in Germany , the Jews were generally accufcd “ for the chief Authors or increafers thereof, by poyion* p s smoidi.p • “ing all the Wells and Fountains, to deliroy all the 147,148.149* “ Chriflians,and corruptinglikewile ibrne baptized Jews, 177,178. « and other Chriftians with money and charms io far, that “they could willingly have deflroyed and (lain all $ ee MbJs*ufi “ their fellow Chriflians, which (ome of them confefl’ed fie rgenfit Pa-ra- “upon their examinations. Hereupon tie Common leip. p. 346. _ “people in great rage and fury (againlt the ; r Magillrates Seb.Munflen * and Bifhops wills and commands, who neither could c °i^p “nor durrt withftand their violence ) fell u; on all the 707! Fa/cicu -* “ Jews in Bern, Frtbtirgh, A gentine, Worm ?/, Lppenheim , tus Temper urn, ^■Francfort, Merits, Spires , and other places, ilew, and “ brained many of them, burned other of them, hanged “up many others upon Gibbets, pillaging, burning, “ breaking and pulling down their Houles , the Jews “ themfelves in many of thel'e places burning both them 4 (elves,wives,children , goods, to avoid the enraged “ Which fad calamity came upon them byGods jufl/ud e- “ment, many of them being found guilty of all forts of l * wickednenes , poy honings , the murder of many Chil- £ * dren, forging of Letters, Counterfeiting and corrupting “ of moneys, thefts, deceipts, and other villanies, where- “by they offended the Divine Ma;e(iy. To the'e I might add many other fuch tumults, uproars, occafioned by, and maflacres, burnings and deftrtifdions of them for their vil¬ lanies in France , Spain, Germany , and. othe r .Par ts, recor- - 1 (vK ded- >1 dedin Hermanntts Schedd.Chron. f. 243, 248) 258, 271, 272. and Genebrardi Chrong.p.46 1,627 ,660, 61 8, 688, 824*830. Abraham Bz.on ns, Annal.Eccl. Tom. 15. An¬ no 1239. n. 9. Anno 1 391 •». 8. Anno 1464. ». 44. _ An. i 49 x n.6.7. Cromerns de Rebus Polonor. I, zS. with * liunfltn 'jx thofe forementonioned in England^nd that of* Nor Imp ex c ?% 7 *' ' 3 An. 1290. where many of them were flain by the Citi¬ zens , whom they had undone and ruined. And can we then in point of Chriliian piety or prudence now bring in fuch a generation of men as thefe amonglt us , elpeculiy in thele unfetled ,unquiet, difcontented times, to kindle newflanies of dilcontent,and tumults amongft the people? (r) Sumscon* 8. The (r) cottveriation of the Jews is lo dangerous to C J ' ^hriftians; that the 4 Corned of Toledo : can. 59. 61, 62, 73f, Grattan. V\jl.iS. qu.%. made this Decree, 4 The Converfations and Companies &‘t?, qu. Si c of evil men do oftentimes corrupt even the good, how ‘ much more then thofe who are prone to vices.Let there- 4 fore the jews who are converted to the Chriliian faith, 4 have no further Communion Hencpfnrrh wirh rhral* wTin 4 ltill continue in their old jewifh rites, lell peradven- 4 ture they Ihould be perverted by their Society: 4 Therefore we decree, that the Sons and Daughters of 4 thofe Jews, which are baptifed, that they be not again 4 involved in the errors of their Parents, fh’all be iepera" 4 ted from their company , and placed with Chriltian 4 men and women fearing God, where they may be well 4 inliruffed, and grow in faith and Chriliian manners,and 4 that the Jews believing Wives, fhail be divorced and 4 feparated from their Husbands, unieis upon admoniti- 4 on they turn Chriltians. The ' e was decreed by the * Council of Baftl Sejf. 20. and f nailed by the fVt- fogothes Laws-, lib. 12. Tit. 2. 3. Yea jt] Pope Alex. the ., * 3 " Decretal. 1 . 6. c. 7. prohibited all Chrfiians, under path - 6 f ^ xcomr ' ntni ea;ion to cohabit with the Jews, or kgep company gum^°AMiq U ' becanfe their manners and Chr films accord in no- * Sums Con- ell Tom. 4. f 58 . f 7 > ( f) Frederi- it)Centur. thing , and they by reafon oFt' e r continualconverfation, and Magdeb. it. c. daily familiarity , m>rh CSffip incline the minds offimple 7,tot, 1079. peofk to tyeft tiiperftftton am fafioeitp. Andfhouid not long diffontinued Remitter, <#*V, not thole men, who pretend them eives far ereater Zunds.)ofPopifh Pridts and Friers come over freely into England from P mmd, sZil) ko ™ e .\ Ital > > Roland, and other places'? under the’ title,habit ,and dilgmfe of Jews, of purpofe to under- mine our Religion, Church and State, and fow th“ eed^tHerefie,BJalphemy,Popery,SuperiHtionjSchifms'? and Divifions amongA us , they having formerly fenc ova lome of late years among!! us, under the notion and vizard oi converted Jews, as ‘R^rr.fey the Sett and? ting ImpoAors: the twolaft whereof, have cheated the honefl people of the Nation of many thoufand pounds,te- ii^notonous Villains, one of them formerl/a Trooper and Plunderer 111 P rmce Ruperts army, as he ennfefl'cd to hisHoflelfe at^r/Z; in GlocesterjLrc in his cMnk! where he wouldhave ravifhed the Maid-lervant of the houle, lociting the door upon her, whiles fbe was war- minghisbedin the night, and upon her cryin» out for help, fled away prelently in the night, to avoid appre henfion; And yet wanders about cheating the people in V*",S CC! if"! 0 ' bco .“^ t 10 & his v liiames. And if they abule and cheat us thus alreidu TOchmpre rnU they doe it upon, and after the JewS o P. To A fbort Demurrer to the Jews (t) Orofius l, a. c, 6. Cent , A cade min m 9. To pretermit their bamjhment out of Rome by t he Emperor Claudius, recorded Abbs 18. 2. and that as \t] Ecclefiafiical Hiflorians report? for their cheating , and Ettjeb'l C % 'q 6 tumults there ratfed. I fhail only in brief relate? how g .oprnri' ' they have from time to time been banifhed? expelled ma- ebron.p. 18?. ny Chriftian Cities? Countries?Kingdoms? and their Sy- Metamems de nagogues burnt and deliroyed ? efpecially for their In- fidelity?and other iorementioned Miidemeanors,Crimes, ViLlanies. [ u \About the year ofChrift43o. at the infti- gationof Sc Xyrtl Bifhop of Alexandria-, and the Chrifti - ans there , they were excelled and banifhed that famous Citji where they had long inhabited for their infolencies y & feditious conffiracics againsb the Chnfiians. The [* } Empe¬ ror Phoc as y about the year 60$. banilhed them out of thzCity o( Antioch y for the tumults they had there rai¬ led again!!: the Chriftians and Government. The * 6 Council dtToledo Anno 68 who would not become a Chriftian : For which To/0.i. p.141’ f bis Council highly commended him> rendered fpecial thanks to God for it, and withal 1 enafled by the" con- [y3 Rodericus fent of the Nobles, that every King of Spain in future Totetiuius de times, before he fhould be inftalled andetowned King? Rebus H/f. fl^ould rake an Oath , That he would not fnffer the Jews wi'cirron.HiSb'. to i v ^°'‘' tc the ChrLilian Faith ? and that he would in no p.62 w ile fav our.t h e i r infidelity, through any kind of negli* aiia de Rebus gene orcovetoufnes,nor give entranc to any thing tending Mijp.1.6. c. 3. 10 the precipices of infidelity & prevarication?&c. About Adi Piemen- tne y ear °fChrift, 6x5.they were banifhed out of Jerufa- fis. Opmeerm felf?by Heracl'ms the Emperonr, as Zonaras y Tom. Orbisuniverji. 3. in his life: Paulus Diaconus * rerum Rom. ]. 1 8. & Cent, cbronogr.p.j 5? 'Mag.'], c. 4.florie, & near that age, out of Arverna liibh C cTiGmbm, P f r - Tcm ' 6 \ P art ° 2. p. 243. Venantii Fortun. 1 . 5 -c- 5 - Ckimorr. ' About Anno.616. [ yj King Sifebutus banifhed them all ontjof Spaine, xmleffe they would turn Chriftians? which ' the long discontinued Remitter , &c. 91 the moil of them refilling to doe > departed thereupon into France, as the marginal Authorsunanimoufly at* tell. About the year 61 8. they were all banilhed out of France by King ‘ Dagobert, unlelfe they would raiounce their Judaifm, and turn Chrillians, upon the command and mitigation of Heraclius the Emperour ; as Regirn , Chron. 1 . i. & Cent. Magdeb. 7.0 14* relate. King iVamba about the year 710. banilhed them out ot the Province of Narbon\ &s'Roderictts Toletams de'Rjtbns Hisp. /. 3.c. 11. informs us. About the year n 96. they L^Tr* a cent."Mag, were banijheduut of the Citjr ofMen tz, and near the fame &c, time out of the City of Triers, and the Bifhoprick there* 1 i.coi. 689 *. of, by Bilhop Ever hard. [ a ] Vhllip t/iugufius King M t’inccndui of France banilhed them all out ok France by feveral E- Til'An’-. diets, Amo 1152. 1162. & 1182.for thele reafons ■ tomtu'chron. ‘Becaufe they had divers times crucified children of pars ». Tit.n- ‘ Chriftians in Paris , and ellewhere, in contempt of c - 9 - Mat.Paris ‘ Chrill and his palfion •, entertained Chriitian men fer- Abbot*' ‘ vants and maid lervants in their houfes, who did like* ufyerg. Paral. ‘wile play the Jews with .them, contrary to the Decrees p.3 ^6.Herman. ‘ of God and the Church; above mealure opprelfed, im- schedet. Cbro, ‘ poverifhed by their Ufuries, the Citizens, Knights , ** ** ‘ Gentry, and Country people both in the Cities, Sub* colf'ijii.Ge' ‘ urbs and Villages of France, and detained fome of them ntira/diehron « ‘ prifoners in their houfes, like captives, binding them l -*> p- 6 3 8* ‘ by an oath, not to depart out oftnem; moft vilely pro- Fex ' ‘faned thefacred Velfels pawned to them by Church- /*** q'^ ‘ men in cafes of neceffity , caufing their little children 50^ ‘ordinarily to drink wine and eat lops out of them, yea Seb.Mm.Cof. ‘ to lay their excrements in them (as * PetrmClmiancenfis ltf.f.vCj, ‘ records, in contempt of the Sacrament ) and calling the £«/ aJ * filver Velfels, Crolies, and guilded Books of the Gof- , 1? g. #* j* ‘ pel pawned to them, into a Jakes in a lack, that the *lib. 3. Eptft. «Chriftians might not find them, andbecaule the Sara- 33. cent. Mag, ‘cens upbraided the Chriftians for entertaining them a- ‘ mongft them, being the profefied Enemies of Chrill •• ‘ Vponthefe grounds , as alfo becaufe their wealth and ‘ number were (o increafed, that the>Uad almoll gotten O 2 / ’ ‘ half . 'JSSiSSUSS tTf^AiS £6] Smlm /.rhar Rp^im ^ • i ™ Der r ^iS) creeping i nco UGaguln*s y l. / hat m a §? in by money anibnbes ,they were AL,™- 7 - eAfcri l Fra,,Ce ’ ^ their good 7 conK«eil„ tbronogr. l A . King Philip the Fair j n t [ ie veir , Q ° , ‘ CUe * by M!* «■» as others iomnute it 7 d dr iUXtr l#me > ot 1 W- €67. Beylins VMr T uo £vl’ a °y en in.o Germany, I„ t |, e Miaocofme } pJt 34?- at. the earned import unity oftheDeooV t7«. ^ey were alt bundled out of (,) ^/ArLwn l rL / [r] Alberti p er ialCities y by the agreement ofrh^ Rail n 5 j , , e Arieniimnfh mod of them burn! anSr! **? gobies thron. p. I 47j mpr . • A :"!- 1 and ddtroyed, as they had been-for- *48. De Rebus j , ,P arcs ^ barl (d) Smkho^Kn. 1102. who 6e/2ii Berioidi cn bauiflied them thence, ly.sddv.cns Duke of R • tboot the year .42 5.*«j|fcd rf/7„?’ „ £,°fST*’ i2£& <#**&* the S !&££?* ? n ' ssnsi. ZtrZT ch *r r HZ 7 *> 7 *. Ml. B 7 rJ 7 ); W f A>..< A .. . hiC^i, 0 ' ' — .,«i i4jo. l nt te Micrtufm,/,]%)/ 69i 7>Ayl£ 9 \ yeui» i474r i4*». and 14?*. theywere all banifoed put of Spam by King Urdhumd, fwmamed the />**//«». from whence they were traafported and received into Portugal , they paying to King film the 3. 8 , fir ever} poll efthem atfirfi, fir their admiftm j which ranch augmented his Exchequer, though it drminiilied his piety and honour. Not long after, Anno 14 97 . they were drtven andbmifhed out ofP om&al bv Kina Emm *. elx And in the year tfjp. they were bonified cm of Naples and Sicily by Charles the ytlv To which I might adde the ddlru&ion , burning and utter extirpation of the Jews by the Rubeaqueafes, Anno 1300. and 1338 CMunfl. Cofm . 1 . 3. p. 547.. * Theirbanifhment out of Germany, Anno 138). out of MifiU and Thmhgia Anno ' B v ,vhs a* t.410. out of Wormcs and Spires ., Anno 1092. nal\cd.Tm. riCofm. 1 . 3.0. 582. Out of by Wr at flans for **• A *- t 38 y, hating and flaying the chridians, Geor, Bartholdus p 0 n t a- n ' * 2< ^ ms bohemia PLf.il. 2. p. 20. Out of Berne, Anno 1 2 87 It' 0, *’ 3fm C*fm.h J.p.sSz.* OutolW.Amo 1475 ^ for crucifying a child •• And out of * Rjme it lelf, Amio’ ^hron.Her. i- 5 ob.by P ope Pins qaintus^or their horrid extrava«anc u- man - Sch ^el fl uries,oppreffions,combinins? with THppvpc =,nrl r _ *76. . j r j * vvr tiiwii uuiiiuextravagant i furies,oppreffions,combining with Theeves and Robber-, r senes, and nr godly charmes ingoing of momenta the,r l ”,cU^ therefore been thus frequently banifhed by C.iru.ian Kings, Princes, from time to time, at the neacil ' p. earneii Pollicitation of their godly chridian Miniders VI' Wero ™‘t S r" d l by r r Ki "S ° u ° a, S V arid -> ^ong fmee, never to return again, *A nnale's m. what fhadow, colour of piety, policy, prudence, judice, Almira. Jaw, reafon, there can be for any Won or perfons **'*”*' **■ whatfoever to re-admit them'except the argument of dilhoneft, private , filthy under-hand Bribes or Lucre by which they ulualiy ferue themfelves into thole pla-’ ces, whence they have been exiled)tran!cends mv flnl- lox capacity to comprehend, efpeciallyat thisleafon when we are fo over-dored with Englijh, thatlome think of lending and planting Colonies in another world whitbet theft Gold-thirfty Jews may do vvell to tranf- plant m 9°t si fhort Demurrer to the Jem plant themlavesj if they be weary of rheir former habi¬ tation. io. The firecited Chriftian Authors, Hifiorians, old and new, much applaud and magnifi e thofe Chriftian Em¬ perors, Kings, CMagtftrates, States, who have mo ft oppofed, (f) s ft e Wf retrained, fupprefjed by (f) fever eft Laws , Editts, the mm CodiCisX Synagogues, Ceremonies, Superftitions, Rites, A- 15. C'loc 'i. ’ bules: and baniftted tbefe AntichrilHan Blafphemers and Melclenfe ' Enemies of Chrirt Jefus out of their Kingdoms and t. 73. Sums Territories, efpecially for their Infidelity , and cenlured conct J: To ^ *• t [ 10 ( e Yvhofavoured them. And Mathetts Flacius Illeri- Lcm swiligotb. ms , johamis tVigandus, Andreas Qorv intis,Thomas Holy l.Ti. Tit. »,3* timer , 4 famous learned Proteltent Hiftorians and Di- Sums Condi, v i nes , in their laborious, learned Ecdefullical centuries, S'eT 1 ” ^ as they every where do the like: So in their 12 Cent. 4 *5% 6 ? & cap. 7. col. 1078,1079. they pafsthis (harp cenfure a- 734^73^,1091 gainli the Decrees ot’ g ) Pope Alexander troe ^.andC/tf- Tom. 3 -p.st*. went the 3. ‘ ( prohibiting the Jews to build any new 611,670,716. ‘ his Law and advice,expelled all foraigners out of their ptlunh's lo~ - city and country, left by insinuating themfelves amongft comca ‘them, they fhould teach their Citizens lome ill 5 in- xmpbm de ‘ troduce foraign manners,& an ill dilordered kind of life; ‘.upon which ground they alfo prohibited their Citizens 2 „ 2 '' ‘ to travel into foraign countries.Upon these grounds the Modbus an- c Thebans & polonma ( in imitationof tht-Spartans ) ba- liquor. le£i. /. 4 miked all foraigners out of their City,asdEliau VarddiiL ‘ L 15. c, 1 6. Alexander ab Alex ,/«4» c. 10 record. Fla- GeZTw?. A jbort De rtwrrtr to the Jem (»i) Spbara ciwtath l. 5 , c " 3 P-431- 437^43 8. ra the Phi'.olbpher Dialogo I2 .fa Legkmlatme , though he permits forargners by way ofitudy, trade, travel, and embaihe to come inco his city and Kepublike under cer- tant Laws , and Rules , yet he totally iecludes them from inhabiting therein , or to trade, without firift Laws to prevent their danger, upon this ground; Solet enim civi - tatnm inccmmerciis permixtio , varies mores civkatibus am- mifeere, dnm externi externis viciffim novmor.es inducunt-, De Repub. 1. res civitmbns , per reel as leges bene infiitutis IHUtf muttl *' Cm ** ectrfmentumafferf.* Arifiotle obferttf s,That the bring¬ ing in ofioraigners is the principal cauie of (editions, tu¬ mults,, < Qui inquilinas aut advenas recipiunt in civira- tem. Hi fere omnes aut certe plurimi fCDftionlbus coil* flfdantnt. (£.) Dr. gives the realon of it. Nam ‘ ut nihil citius corpus humanuminficit, quampeftilen- ‘tium vaporum malis hurroribus copulatio ; ita nibrt telocfus cojrumpft Cfhftatem, quant petegjfnojum ‘ aurntfafo, in qua contagio Sc venenum latet. aivd here- upon he raifeth this queJiioK from Arid odes Text ; Utrum 4 periculolafit in Rempublicam peregrinorum admiffio ? 4 And thus refolves it. It is periilons to take Snakes into 4 thebolom, and Foraigners into the Commonweal; for < as they being refrefhed wirh heat do bite and fling : So c thefe being enfranchifed deftroy the Republike.To prove 4 this by arguments, we may confider,that every Nation 4 hath its proper ceremonies which they bring along with 4 them 5 and do not change with the climat when they 4 come into another Countrey; Wherefore there is great c danger, left by receiving flranger? the ancient manners 4 and Laws fhould be changed into new and foraign. 4 Now what iooner begets fedition than alteration of Laws and Cuflomes ? (as vve may fee even in fundry Scripture examples, which he remembers not, and of the Je.vsefpecially Atts 14. 2. to 7. i6. c . 16.i*.to 25. c. 18. 5 > 7. 17,18^ ip. c. 17.12. to 1 8. c. 1 9. 24. to ^•^•&c.c.23 > &24, & 25.) : ™ hd } therefore is more perillous than the admiflion of Foraigners into our CommonwqakhPJMoreover where- 4 fore long difcontinued Remitter, &c. 91 ‘forehath Nature inllru&ed like to all’ociate together ‘with like , it it fhoulddraw men of flrange and afferent ‘ manners into a Republike? Nature will not that fheep < fhoul d be afioci ted wi;h vvclvesmeitherwillsPruderce ‘ that Natives fhould be coupled with Foraigners; For ‘Phi'ofophy periwades this , that contraries cannot ‘ dwell in the lame place , but drangers for the moll part ‘ are Enemies to the Citizens with whom they converfe. ‘Addetothis, that as Loculls are to the Corn, fo are ‘ Foraigners to the Repubiike, for as they doe wall and ‘ contume the grain of Corn io thefe devour the fruit of ‘ the Commonwealth ; for although they are branches of ‘ the fame plant , yet-they luck not wholfom juyee , but ‘ poylon from the root > wherewith at length the whole ‘ plant being infecled, perifheth. 7 his he proves by fever al ‘ examples oat of* Ariliotle himfelf, by the Trezenii, Zan- * De P-tpubl. ‘clei, Sybarites,iBylantii, Anulliad,' Apcloniata , Chii, ‘ Syracufani, Amphipolita:, who by receiving Grangers didesHijt'c ‘ into their cities and countries were all much infeited , 6 . p. jotf.’ * ‘ iome of them quite fiipplanted and ejected by them, the ‘ red enforced to expel them by force of arms. Then he ‘ fab joy Methyl hut the drangers admitted among Gods own ‘ people , proved briars and thorns unto them; and S olo- i mon himfeifby many llrange women fell into Idolatry; ‘ concluding thas , The Spaniards in mv or inion did not ‘ nnjudiy bmtfdj the feofttous 3etx>0 out of tbeit Coaffs: ‘ propius non accedo, led Chrilfum oro, ne \ eregrino- ‘rum turba immanis turbo in civitate fiat. As thefe Grecians in ancient times prohibited the introduction of drangers amongll them, for the forementioned rea- fons, io likewile did lome of the wiled Romans: Pen - »us in ancient times, and Papists after him ( as [/ ] Cicero relates) Peregrinos Vrblbas prohibent, eofyue exterminanf, which although he thuscenfures as an inhumanir ffuvcr'o sir bis prohibere peregrinos,fane inhumanum eftj Yet he in¬ tends it only of excluding drangers from all trading and commerce , not from cohabitation , as Denizens, from which he holds it juft to debarre them i, there being a P fre- (l) Cut re de Officii s l. 3, 5)8 A [bort Demurrer to the Jews fpeciai Law then in force for that pnrpole , which he thus exprefleth: Nam ejfe pro cive qui civ is non /^REC¬ TUM EST NON LICERE : QUAM LEGEM TU- LERUNT SAPIENTISSIMICONSULES, C ra f**-& Scavola. Hence Claudius the Emperour banifhed the Jews out of Rome, A els i 8. z and Suetonius in his life. o Andthemilchief of admitting foreigners is largely ar- (f 1183 gued in \m ^Cornelius Tacitus , who were after his time (rt)*hntiqu. banifhed out of Rj>me^ as [ n ] C alius %fodigmus relates Lettion, 1. 18. out of Ammlanus Marcelinus ■ So the [0] Carthaginians, o- f. Scithians, Scythotauri, Jampkafantes,Seres Jnd ; ans. jnae places.; xhtEpidaurific Athenians alfo exclu- Gen. Viet. * ded foraigners their country*ompany & converfation;Afe l, 4. c. 10. elves longo ufu dijfimiles mores imbuerent,& in alienas leges rimfque tranfirent, as Alex, ab iAlexandro , (Jen. c Dierum l. 4. c. 10. and Boemus de Mor. Cjentium record. Yea we read ofche (pf Tartars and moll politick Inhabitants £p) Purcbas of China , at this day , ‘that they w ill admit no ftran- pilgrimage, i.4. c gers into their Countries , fo much as to travel or traf- C '' 1 * s; S ‘ ** ck$br fear of dilcerning their lecrets, and corrupt ing f* 537 > 53 * c t heir manners, and thofe few they admit by fpeciai li- 4 cence to enter into theirCountry ,they will by no means : 4 fuffer to return thence, nor permit Merchants and Mar- ' 4 riners there trading to walk abroad publikely in their msb.de Ge(fis c Citiesand Countries, nor to lodge on land , but only Regiimi.i.c. in their (hips. And to come nearer home, our Kings 13. Mat. mfi. heretofore upon thejgrievous complaint of the Nobility, F/. Florentine Gentry,, People, have frequently banifhed all Grangers h untindon ont England , as the greatell pells, inconveniences and H oveden, bo- grievances to rheNatives. 4 Thus in the reign (of a) King iychron .Brornp- <■ Edward the Confeffor, Anno 1052, All the Normans, ton,speed, and t exce p t two or three were banifhed out of England for Cb) Nul>n*c»- c giving ill counsel to the King, and ineenfing him againll fis. Trivet Ac- 4 * the Englifh, by agreement both of the King and JJarlia- lydor Virgd. in 4 ment. So King { b ) Henry the 2. in the 1 year of his h. a. HoUnjh. < reign? Amo Dom* 1154* or in the (econd year of his c'hrol' t?' by a certain day long difcontinued Remitter , &c. 99 ‘ U ” J 'X‘oi«ed aUUnl o' S','u^“p«- < the land by Michaelmas next following, except u as ^ JIJ# MaU b, \rh Merchandize to make Tale of their wares un p am Hyg- After which th c(d) Poi-^otbers ‘ der the Kings late conaua 0 b w i- ( d) M at.?#" ^8^at nn^r, ob^i- $***£ nin- *reat offices about the King, milcounldhng, tedu J 9 g 3 . mn oo l . r- i *_ rhr» Pnalifh Nooiluv > J J 7 __ i n inaoreat offices about the King, miicoumain g, ; - 98j , t cin° and encenfmg him againti the Enghlh NooiUty, 9 ^ oMat , C ancfin^roffin^ the wealth of the Kingdom into then mjt .An.izsS. anam D 0 , . nnd manv of them 1169 . see Da* i anr i in^roffin° r the Yvealtn or tne jviu^u^i j werel.lUuUed, plundered, and g of^ ‘ inforced to retire out of England by the batons in me > M 4 ear iz 58 . And the next year after they were all bam- t K ou of by Edith oi Pari lament. After which c they returning, and oppreffingthe Realm, were again < expulled and exiled by the Barons Anno i2 60. So in 4the(e)Parliament of^Ed.z.Anno 1311 Jt was or A „ g . p . 7I . 4 mons in Parliament, amongtt other things, That the rp J 0 ^ gOT . m«- 4 Kingfhould baniffiallForaigners out of Court and ‘ Kingdom, as his Father had commanded him; which Holajhed, 4 fheW obliged himfelf by Oath to perlorme: And thereupon banilhed his own Minion Pierce Gavcjhnmo Ireland. Which prathices and proceeding of all thele re¬ cited Nations and our Anceftors, being it not grounded on,yet at leatt warranted byGods own forcaedVrecepts to the Ifraelites, 8 c being warranted by the Jews own pralhje, who hadno dealings withthe Samaritans, John 4. 9 . and the Samaritans reciprocal carriage towards the lews „ whom they would neither lodge nor entertain , Lu. 9 . 5 G 5 »j >?• Why we fhould not upon this account feclude thole a- lien Tews, fo different from us both m manners, cuttoms, Laws, Religion, and obeymgmot the Laws-pf our Sa¬ viour Chrift Jefus , n being not for the Kings or the: King¬ doms profit to fufer them as Haman, , Either 3. *• and pity towards private dfirefed exiles, travellers , and other ftrangers, coming to lodge or lojourn with us for a fhort feafon into our houies or country, upon extraordinary or juft occafions, efpecial- ly fuch who ftand in needof our releif„and are of the Hou- fholdof Fa th^s is clear by the Texts themfelves'compared vvitn Rom. 1 2.1 iVet.\.9^John^.Gal.6. 10.not coin- hdels Jews,Pagans>or who are in no luch absolute necef* fity nor ftand hmeed of our charity or reception? nor yet to the reception of any fbrraignNation orCo’.ony into our mre t. & ^ anc ^ to coh abitperpetually with us(the only point in qneftion)which theScripture no where commands nor in* tends, but difallows in the aforecitedTexts,& A/V&.9.2,c. »3.3 o.Andthefe Scripture expreftions,Pm/. >. io. Left ftrangers be filled with thy wealth. Hay 1,7. your lands jtrangers devour in your pr efence . and it is defolate as over¬ thrown by ftrangers. La ill. 5. 2. Our inheritance is turned unto ftrangers , our Houfesto aliens. Holea 7. 9 , Strangers have devoured his ftrength, and he knowetb it not-, lufficienc- ly manifeft both the illegal lity , folly and fad confecuen- ces of our receiving Jews and other ftrangers in luch a nature, of which our Anceftorshadlufticient experience in the jews themfelves , enforcing them for.everto exile them hence ; who have places enough in many 0- ther parts of the worid where Vhey now inhabit in peace and plenty, and enjoy their Merchandizes and other franchises, together with their Schools and Synagogues , as Benjamm the Sonne of Ionas a Jew records at large in ■bis Peregrination „• together with Mr. Samuel Purchas mhis Vilgrims, 1. 9 „ C . 5. And Menafeh Ben-Ifiaelhim felf confeifeth in his Spiftle ‘Ded.catory and zAddrefes, where thus he writes; Our Ration at the prefentis tfread all 10 longifctntinued Remitter , &c, all about, and hath its feat and d uelling in the mofiflourifiing farts of all the Kingdoms and Countries of the world, as well in America, as in the other three parts, ( which he prole- cutes more at large, p. 3,4, 5, 6,7,8, 9. boafting of their extraordinary wealth, Offices,Power and Priviled- ges in ocher places.) aind therefore this only remains in my judgement, SBjfoje tbs $pef0fo come aito IReffoje oat Jliatfon that firfi we mufi have our feat here //^-'there¬ fore having fo much Elbow-room already throughout the world, their reception here will be no a A of piety or charity in 115 , neither do they prefle it as luch ; but an adt of the highelt impiety, they now infilling on it as a rieceflary preparative to the coming of their long tx- pedled falfe CMejfia , roxeitore them to their tem¬ poral Kingdom again, and Fathers inheritance , as he ex¬ prefly writes. Thele general Reafons againfl-ine Jews readmiffion pre- - " miled, vvhich I hope will iatisfie moll men , I (kill con¬ clude with foma particular lleafons,drawn from late pub- lilbed Declarations , of our Grandees, which I conceive will belt fatisfie them of any other : and for this end, (I hope without any jult offence, or Scandalum magnatum) I fhall crave leave to prefle them homein this common caufe, for the defence of the Glory, Honor,Scepter, Gof- pel, Kingdome of our Lord JelusChrilt ,theonly{q) Poten- [ ? ] t rhn. -e tate, the Prince of the Kings of the Earth,the King of Kings, 1 ?• col. z,'if and Lord of Lords , the head of all principality and paw- ^ sC. Rev, 1, er, and God over all bleffedfor ever, be fore whofefeet alio- ^' C ' * 7 .', I4 - c - ther fubordinate Kings and Potentates whatfoever ought to [fj V*^* 9-4 (r) pro fir ate, not only their per fans , but Crowns, and mo FI 10, n, 0x9'. peremptory RoyallWills and SdiFtstoo-, for whofepleafurejoo- R om.n, nor and glory alone.all things and powers likjwtfe both are and t/’d E Vch, 2 . were created-. invvho r ecaufewe mult be molt lf]boldand ■z>ealous,notfearing the faces of any Mortals. jo'jO-c. *** My 1. Real on fhall be drawn from the very words of the Declaration of 21 .Novemb. 1 . inviting the people of thus commonwealth to a day offolemn Fafiing and Humlia- tion, onxhe 6. of December lalt (a' day of trouble and of re- * Pj ^—n bake , i m * htis ij.' 4j, Rev. *,19, bake, oiblafphemy / & provocation, in relpe6! ofthe violence afted on it chit time i’even years, when the children were come to the birth , and there was no firength to bring forth,b ut only to obftrudl: and pull out the Members^to prevent our peace and fettlement.) 1 he principal cauie vvhereofthey Declare to be ; The abominable Blafphemies vented and spreading of late, through the z/fpofiacy of, and the abufeof Liberty by many profejjing Religion. u 4 nd to joyn with them in folemn and earnest fupplications to the throne o f Grace-, That the Lord will dif appoint the defigns of thofe , that labour to lift themfelves up aga'.nfi the interest of C hr iff and his people: That he will rebuke the forefaid Evils, and give his people to know the things that belong to their Peace , that fo we may with one heart and fhottlder ferve the Lord , both theirs and ours. The Jews of all other Nations in the world, are the greateft venters, fpreaders ofabominable* Blasphe¬ mies again!! our Saviour and the Gofpel; the greateft Apollates from God and abufers of Liberty of any profef- fing Religion; The greateft de/lgners, plotters and lift¬ ers up ofthemfelves againft the intereft of Chrift and his people; as the Premiles undeniably evidence .• And their introduction among!! us at this feafon, when the generality ofthe people, and profeft'ors ofReligion like- wife are !obent to Apoftacy, and all kind ofErrors, of Novelties in Religion, will no ways allay, but molt cer¬ tainly increa!e the venting and fpreading of abominable Blafphemies among!! us, multiply the Apoftacies of, and abule of liberty by the profeft'ors of Religion, and make rhoufands in probability turn Apoftate Jews, inftead of converting any of the J ews to Chriftianity. It will not difappoint, but mol! of all advance the defignes of thofe that labour to lift up themlelves againft the intereft of JefusChrili and his people; this being (asfome juftly fear ) the Jews very end and plot in preifmg now to be received among!! us, to feduce us unto fudaifm , to which MW*.*.«. many are now inclined; and to deny our Saviour (fhrifi Ptf.T'i \Tud' * n xvor ^ s ’ as Mo many have [i] denied him in their works,and J4.1 fob, 4 . 3 , ft™ in their opinions of lateyears. It will not rebuke, but fo* . long difcontinued Remitter , C 7 c* i°3 foment the foreiaid Evils; obdrudt Gods people both from knowing and purfuing the things that concern their peace; and inltead of enabling them with one ht art and fhoulder to lerve the Lord , divide them into more Setts — - and Schifms, than formerly, and fet up Judaifm to affront Chrillianity with open facets 2Pet.2.i.Jnde3.4.&c. Tit. i.io.i x. ijoh.4, 3.2joh.7refol :Sc fomultiply thelate Rebukes and J udgements of God upon the Nation. 1 her- fore their re-admiflion into England after fuch a SoLtnn Declaration, and Day of Humiliation as this ( and fome o- thers formerly preicribed, oblerved through the Nation, for the late monflrous growth and Spreading of Errors find Blasphemies amongfius ,) ifrefolved and etfefted, vvill l e reputed by God and Men, A mold palpable violation,yea contradiction of this Declaration an J Humilation ; a mot hypocritical, Atheiflical mocking of God himfelf to his face; a mold prophaneabule, and per v erfion of this So¬ lemn Fafi and Humiliation ; afrultration of all the pray¬ ers, hopes ot moll religious people thereon, whoobfer- ved it for far other preicribed ends, and an high Provo¬ cation of Gods fevered wrath againd rhe perverrers of it, to this very end, to introduce the long-fmce banished Jews, the debate whereof was propoled immediately be¬ fore, and began the very next day after it. My a. Real on fhall be deduced from the Declaration of the 24 Novemb. 1655. in order to the femring of the peace of the Commonwealth ; Declaring it necejfary to ufe all good means to fecttre the Veaceofthe Nation, and prevent f u¬ ture troubles within the fame . The bringing in of the Jews at this feafon, when the people are fo generally di¬ vided, difcontented, and declare ( for ought I can learn ) their highed, unanimous didike, and detedation ofit, is the mod probable means to diftu'b the peace of the Nati¬ on, and to engender future new troubles Tumults with¬ in it ; the generality of the people in England, and in o- * See here p. 8. ther Countries, Ir dpg in former' ages frequently rifen !^ !8, * 7 « up inarmes againd hem; maflacted, burnt and dedroy- 88- 89' >0’ * ed them, notwithstanding their Kings and Magidrates &c. Proda- 1 ["] See Socra - Proclamations ani Edicts to the contrary. And the i» 1 tesScboUfi, !. j evvs themfelves in all ages having been principle firebrands 'men'll of [edition both w their own Land, and all places where they Cent. Magd. ' have been dfperfed, as the Texts and Authors in the g.and 4 > j 7.11,13, 7 - premiiedreaions, with the foregoing Relations out of our English Historians atteil. Therefore "their re-admiffi.- on into England , (elpecially in chi?unquiet feafon ) muft needs be diametrically contrary to the Scope of this De¬ claration j and neither in policy nor prudence to be revi¬ ved on, but utterly rejected. My gd. reafon Dial! be grounded on this claule of that Declaration: That no perfon who hath or jhall be fequeftred, or ejetted for Delinquency, or being in actual arms for the late King againfi the then Parliament , or for Charls Stuart his Son, &c.out of any Benefice, School,or Colledge,fknll from and after the i. day of December, be kept as a Chaplain or School-m after in any fiqueftred per fins houfe ; Nor after the I. day of J an uary , keep any School publike or private ; Nor preach many publike place, or private meet.ng of any other per fins than thofiefhis own family ; Nor fhall administer Baptifm,or the Lords Supper, or Marry, &c. upon pain that every perfon fo of ending in any of the premiffesfhal be procee¬ ded again ft,as byOrder r(therin mentioned)^ provided: pre¬ ferring 3 months imprifonment for the i. 6 months for the or to be en¬ tertained long difcontinued Remitter , Kingdom , Gofpel of our Lord JefiisChriff ( which the late Parlia¬ ment by their folemn P rotefiation^Fow and Covenant , enou¬ gh fy all good means to defend and advance ) to be ent-r • tained by any Englifh Chrittians,or publikely or private¬ ly to teach, preach , fpread, propagate their JewifhDo- dtrines, Errors anj abolished wcretnonies in our Illand > but to be banifhed for ever from amongftus* if any of them drould publikely or privately attempt to creep in among!!us; Elfenot only all lequettred Delinquents, but the whole Eng’ifli Nation and world too, will cry out and fay, L-v] the faithfull loyal Chaplains, Servants, i*' ****** followers, FrtenJs of the lateK. andPr. though EngliflJ'jKW^ jNativs,rreemen,ye our felovvbrethrcnMembers inChnft txcmmntieb- are more execrable to , more injurioufly, unchrittim'.v t0 habeatur '‘ uncharirably dealt with by theirFellowEngliftChriMans 22 'S ■n prefent power , only for their loyalty anti eonfcien-St l'SSl ttcus adhering to their lace temporal King and Prince i periurii than the very alien Jews, who both denied, re'etted obfoivatm , as crucified the Lord Jefus Chrili , their own tempo- ral Sovereign, who [f] was born King efthe lews , andUi cSSuST' this very title infienbedon his Croffe-,and their & our only fpi- ie88. writes ritual King and Saviour w hole Honour,Power,Kingdom, «/ PopctiMe- Go ! pe!,we avowedly profel's to advance; & that they en- ^ * Jts joyiefle Chriftian or civil liberty for themfelves, their r^-TiiL wives and families necejfdne fubfiftance for whom they z. z. c. 17*, mult provide, unlefs worfe than Infidels') now in their 37* tat. 1. 3 Zj Native country then there , where they mutt neither 33- 1 U teach nor preach Chritt Jefus to any in publique or pri- 9 ‘ vate, though Gods word and their fumttion, condition) * ** 8 ‘ en'oyn, * necejfitate them to do both , when as nhefe admitted Jews may ( and all other kind of Sectaries ) both teach * r c ? r ' and preach againtthimroo in publick and pri vat. Which *” T JS ' 4 ’*' reilraints on thefe Englifh Royal ills on the one han d- ^ 4< ** Q_ ^—v and A jhort Demurrer to the Jetvs ^ IQ 6 __ andindu^dlitaty to the alien Jew 'Antichrifis on the % John 7. other, if now put in execution, I humbly ref^ie it. to the laddeft co it derations and conlcientious meditations ot. all in power to refolve them! el ve>,how Icandalous and o- dious it will prove both to God and all good men ; how much it will referable the proceedings, not only ot at mdicioHS Jem themfelves againfi the Apofiles & Mmifiers ofChnft , recorded, A its 4. i • to 24._c. 5* 24.1032.1 ThelT ' .14,1 5 , l < 5 .S c of beheaded l <-3 Canterbury, again,t SSr,;. Mr .mrhmmoiGlocefier, whombe firft prohibited from ,07138,491, preaching then from teaching School and prachfing Pbyfic l, 193 to fupport hhnfelfandhis family whereby he was reduced to Jeatextremdr, Butlikewile ot that deteftable Apofiat t a ) hmbrof. Em per our ^ij u'.ian who oat of his defier ate malice toLhr.fi , eJ.‘. X.Bp. t o undermine andextirpateChnfiim Rehgon without(bedding *9« cenK the blond of Christians, firfi jhewed h.mfelf a mofi zealous iK5 ChrifiianpTrofejfor , reducing we 0.thod JX Bifhops,Mmifiers, a t -o J r j TtPYCprutiYia Arian Embcrour Con han- iY tvwsy*" fhopytcfcs y 0 wgratnate lotmjeij wuniw Y* u r* > LU '& So- after turning loo fiat, hetool^away all the privdedges , ho- latesSchof. l. -Lrs,-revenues oft.e filergy, felled on them by ConUantine, j, c . »t. Ruf- withthe Taws for t ' etr eJrablifoment, jhut up the Churches finis, /.j. cifme did to Qltfikma who invented it.& the firfr was ex- » 'RJian Van* ilcd by it.)upon e. ery new re v olution to banidi all En»- pift I.13. e. lifli freemen of a contrary,party, and call inForrai»n- Mex lib t c C - S ,n their rooms 4 Whether it will nor revive that an . M.ZttimKho- c * nt O^etrmClmmcenfu. Lex nam v cm si a d’ginus fatty J e ^ vere ditwoLca ab tp/ts (/briftianis Prwcipibus vrocefstt* *4. inulturn fcelu? deleft sib ile in jjfdjcoj quod ex- ltVceT K Ui 0 T l hor "\ ,d “ ^tcfnfpend. t ?tf nimr m Christiana. Pin- Mag.H.Ctt.14. & U J CI [ WM f deLlc ‘ ,s a ffi* * hidmsyinde lacjxeo [Afcnd.mr C.hrijhanus? And whether upon confideration of this M See 0cc - and the Precedent reafons deduced from thele Declarati - S355S IT a : M ** TTT 'fey ought not peremptorily {>etcr Martyr agunlt the Jews prelent and future re-ad! Racer, Melan * P™ 011 ln CO England .? {lhon,calvin, } fhall dole up all with an Anlvver to the two m‘SZ% for their into our rreut, milet, , u. ^ • , mlfon, and01 , .• rue main and ony eonfciencious Aroumenr for ben on Rom.. |- leir mtroduffion , is this, That h may be a ° ve ry pr c ba- "• % P t r f- Be ty&Umrm-of the general callin' and convert of the x. Or at. 6 , ^ V,i>L , , J *J. long dtficontinued Remit Ur $ c. x o p converfion of the whole or major part of the Nation of t h e jews, as fome exped, but only of an eleft remnant of them The (c) forecitedTexts, with lfay 30.8,9,10,11. IcjHmp. Now Cowrite it before them in a, Table , and note it in a book,. , that it may be for the time to come FOR. EVER and 6b ' EVER Tha* this it a rebellious people, children that will not hear the Latio of the Lord, which fay to the Seers fee not, and to the Prophets,prephefie not unto us right things , &c. caufe the holy one of Ifrael to depart from before us, Luk 20. 16,17, *8,Mat.ai.4*,- 4 ^ 43 . 44-45 J oh ? l ; 1 *• **• ikp*. 9.27. 26. 33. c. 11. 2,5,7. 8* contradiding fuch a general converfion of them,& that of Rom. 11, 26,27,28. Andfoali Ifrael (hall befaved, being meant only of the E- lefl , and true Ifrael of God , both JeWs and Gentiles , as many judicious Expofitors,and Korn. 7 , *6, 27, 28,2 9 * c, 9.6,7,8, c.Xi.i, to 8.GH> endeavours ought fir ft to be far the converjion of all 11,11,16. c. Gentiles jet unconverted to the faith, being more hope- c. 49.6,7 ,&c. fu|| f more fuccefsfull in all probability, than our io, 11,21,13, p ra y erSt endeavors for the lews converfion , at leaft till 14c 54.iii,3> jly , Admit either a - 4Mf 4 4>6.'i. theGentiles fullneffe becomein. c. 56 5/7,’ general or fpecial calling and converfion of the lews in s.c.Co.through the latter end of the worldyet the calling of them in out, c. 6 t.s, t0 £„giand to cohabit with us in fuch a manner as they- t'b c \ 6 c'/g now defire, isnowaysneceflary for that end. Fori, it is i‘ 9 . to 2 \‘jn. no where declared in Gods word,that they muft be called' 1/ 19, Dan . in £* c le ^ e5io. c. 11.11,12.,^^. 35.30.^.15.8,. to 30. c. 1^.4.16. 1 Costo 24. Gal.i.ii 16.V.3.I4. i.I. xi. f* n.c.3.^ ^ 12. 23,.2^,27. 1 i.topt C, 3, 1 ri/fl. *• 4.17,- xx.ij.r, 14. J. 3, 5 . 7 # preffiog ■ 1 IO long clifcontinued Remitter, &c. prefling to be now admitted again into our Eng! fh cli¬ mate, without delay. 3ly. If we adm ! t thum with till their Jewifti worftup, Synagogues, Ceremonies, as they nowpropofe, it will be rather a means to harden, then f , lTlm # cony ert them ; a [jj3 doing of evil that goedmay c me of - , 0> it : a fwallowing down of a certain deadly poylon.in hope Rom.'} 8. to correft it with a fublequent antidote; and to fee up a prefent £ b ] Synagogue of Satan, upon hopes hereafter M Rev-2 9. to convert it into a Church of Chrifi, 4ly, God can con- c ‘ 3 ’ 9 ‘ vert them in any other Countries, as well as in England, and byany other Chriftian Nations, as well as Englifh, as he hath don* [fJfomfeVe of them in al ages as Huron ifde, f and Petrus Alphonfus,LyrafTremel. threeeminentDivines \lf ag ^0^' and Writers, amongft others : And there being as Icar* 13,1.14. ned able Prote/hnt Divines in Holland , Germany, France, Var,us Com .in Dcnmarkc, as any in England^ if they cannot convert them, what hopes have wc to do it ? 5 Ly. Convexfon of ^ZuiJot' their hearts to the truth of the Goff el, and favinp Grace , is pars z.Tit. 15, ^k,~]only thereof of God, not men, ft he can Work it when. *■ *• & fit. * ii ^ , 8«f • I 2* of converting Nations, People, to fend Apofllcs,AJini(lerj 4°* Pbit.z.i}. to preach the Goff el to, and convert them, in the Countries^ places where they dwell • not to call them into another For • raign Land Vekere the Gofpelfirfi Jhined, or where it is en¬ tertained : as he fen t his Apoftles from J erufalrra into all the world, to convert the Gentiles, not. called them all to Icru- falem or Paleftine, to he there infirttflcd and converted,M m. 9. 38. c. 10. 5. <5. c. 28.19, 30 . Mar. 1 5. 15. I/ay 2, 3, 4. Aftsp. 15. c . 10. 20. c.23.12. Ephef. 3. 8, 2 riin.4, i7‘3*Iobn7. Why then we (hould take this new-found *s U rh s ] Co> « mnt -- over flowing ofall forts ofwic\ednefes , crimes , murders TZlYtoi. opprefftons, rapines, in juftice, tyranny, cruelty, ext or- see sirEdw. *'***■> ufurtcs,thc tnfintte multiplicity , contrariety of Sells, Sandi bis Rt- Schifms , Religions, and unchrifiian, heathen, atheifticall S t? 0j fkL h raai f et °f™‘ChriFHan towards another, be principal tb- gm. facies to hinder the Jews converfion efpecially amongft Proteftantf fasthefe, with idolatrous worfhip of Image*, Saints, and the Hofha amongft Papifts ) than the calling of them now into A«j/«W,where * all thefe abound more * See my Q iu than ever heretofore, and more than in other Nations, iters unmo >i r will be a means more to harden them, and hinder their VtfcZewlT f onve ' fio , n ’ ^ en 3n y furtherance thereunto : the rather, free state Ty- bfC3ufe the def P erat e Apoftacy.and atheiftical actions of rainy. fundry late eminent Profeffors, have caufed many Englifii Chriftians to turn Anti/cripturisl s, Seekers, At he ills, and like the lews, to repute Chrifl and Chriftianity meer FAhs. 7ly, Moft of the I ews, who fince their difperfion ha vc been baptized, and turnedChriftians in any age or place, have done it either out of fear, tofave their lives , or eftates when endangered by popular tumults, or judgments of death denounced again ft them for their Crimes; or for f tar of baniffiment, or by coercion of penal Laws , not strasally andfincer,ly, they fii/lplaying the Jews in pri- long discontinued Remitter, C 7 c. i 1 3 vate upon every oCcafion, ardrenouncing their baphfm and chriftianity at /aft , either before or at their deaths , as our owh (») forecited Hiftoriansj-S)*^/ Niiaua 2 Can 8.Su~ | [ » ] Src , tr risesccnci/.Tem^.p. 193. the 4th Councilof Toledo 105 *'* 58, jp, 62. 63- lufiiniar.i Cedicts 1. 1. Tit. 10. de Apcftatis Lex, .Gregorius 7 urenerfiSyiib. 6> B>bl. Patrum. 1 ins. 6. pars 2. p. \6y .Leges Wifigothor um,\ib. 12.Tic. 2.3 Vin- cenfius Beluactnfis Spec. Hift . 1 .29. c> 15. Rodtrvus Tcle- tanus,de rebus tiifpA. 2. C. X’j.Aver.timSy Annul. B«io- rum\. 5. p.468. s-bbas Vfiurgtnfis Chror,. p. 227. 2*8# and'o^other authors atteft. Of which we have this late me- j- 0 (m raorable Hiftory recorded by Munfier in his Ccfmogra- Migd. 4. Vo/. fhj y \.2.c. 19. f. 7 2,73. There being no Itffe than one ht.n- 1470 .cmt.% dred twenty four theufand Jbauifhed out e/Spain,Anno co1 - 3 3 0a f *492. leaving all their geld, jewels t houfes behind them,and ht^H^fpan paying tWo duckets a pell to the Kingfor their tra> fpertation /_ I? p t ^g ( , into Portugal ; feme of them there feeminglj turntdChrifti- 48*. Munfieri ans, and were baptised, but yet fecretly praflifed their Co /»togr,l.i.c. Judaic air it ts , being Chriftians only in fhtw , but not in ^urnKMa hearty obferving the Paffecvtr y and eating fie/h With the Tit. Judausl liwes : l: pent he di/cevtry hereof, there arefe a great tu¬ mult of the people a gainfi them in Lisbon , the people com¬ plaining thereof to the King, Anno X 5 06. Whereupon the King commanded j 6 of them to be imfrifoned , and at lafi difmijfed them without ether punifhment. Upon this the Citizens con fidring again ;i the King and Govemcur, raifed a comm J ion again ft theft Jews andfalfe Chriftians, flaying all thofie ffilfc converted new lews they could find through¬ out the City , to the number of fix hundred, whom they Itfie- rrife burnt j Which example fpreading into the Country , there werejlain in theCity andCountry efthefe falfeIewijh , converts, to the number of 1630: which the King hearing of being thenabfent, he was fo i reefed againft the lews , that he imprifened very many of them , whereof fome were burned ^others beheaded, others hanged on Gibbets , and all the reft jpoiled of their goods , then expelled and banifhed the Kingdom , A lad judgement on them for their Hypo-- R critical A fhort Demurrer to the Jews critical converiion ; and fuch converts moftly we arc like to find them, and none other* Whereupon the 2 Coun¬ cil of Nice, Canon. 8. decreed, That no lews fhould be admitted fuddenly into the Chriftian Church, nor bapti¬ zed, unlefle they puhlikely certified, that they Veer* con¬ vened , out of a pure fincere faith , With all their heart, and utterly renounced their judaical rites. And the Council of Ay at ha Can , 3 4. decreed That the l eves who de fired to tttrnChriftians fbould remain for 8 morteths fpace amongft the Catechimeni , for trial of the fincerity of their con- verfion before they were baptized, upon this ground, be¬ cause they frequently returned to their infidelity & vomit again Judai quorum ptrfiita FREQUENTER ad vo¬ mit um redit. Which Alexander Alcnfis fumma Theo¬ logy pars 2. qu. i6i- approves, yly. If any private lews out of meer confcience or fincere defires of being conver¬ ted to the Chriftian faith, (hall upon that account alone defire ad million into England, to be inftrufted by our Englifh Pivines, I fuppofe no Englifh Chriftians will oppofe , but further their defires herein, and contribute both their prayers and beft endeavors for their converfi- on,and if ther be caufe,admit them alfo into ourChurches Communion upon real teftimonies of the truth ofcon- verfion in, and work of grace upon them; which is as much as they can defire at our handsj But to admit whole multitudes and Colonies of infidel lews at once in¬ to our Nation, who neither defire nor pretend conver- fion to Chriftianity, (but the quite contrary) toge¬ ther with the free ufe of their Jemfb Synagogues , Rites, Ceremonies, (which they ftrongly in-fift upon ) to efta- blifh their Judaifm jinake way for their long expeded Mtffia his coturning, increafc their wealth and traffique, and enable them to recover their ancient Country and Kingdome again, the only things they now aim at as Menaffth Ben J/rael in his late addreffes proclaims to all the, world,] is fuch^an Impious , Unchriftian, Antichri- ftia dangerous prelident (glofled over only with a pof. long dif continued Remitter , &c, i x 5 > • ' - -—a—*-----------" » ■ poffibility of their future converfion ) as no fincere Eng- lifh Chriftians can approve of, nor the lews themfelves deftre:For as the lews hj (p)Godt oven Laves,and their oven [ p ] T>m. Jewifh Rabbits precepts t neit her might } norjet would permit 7 - y .Exod.i$. any Heathen Gentiles heretofore to dwell among them, nor c ‘ * to'fet »p any Altarss Images , Idols, Groves , or exercife r’4. c."'™x any Idolatrous werfhip ansongfl them , or to blafpheme , 1 c, 34.3. to ' reproach their God or Religionytndtr pain ofdeath, if thej 9 - 33 Levit. tranfgreffiid therein ; There being the ft If fame Law of God , l J’ l\' in thefe things both to Gentiles, & lews ♦ And like as i t they afterwards would not permit the Apoftles and ji.Deut. j t , Chriftians in 1 lerufalem , nor any otherCities, for to u - Sce Mr ~ preach the G of pel and ottercife the Chrijfian Religion Selden -deju- freely y tm rayed tip pre[entwmults againH aid perfected Gentium, jux- and cafi them out thence , as 1 Thtfi. 14,15,16. the whole ta Difciplmm Hiftory of the AEls^ and premifes abundantly teftifie: Eonm.i,i&$, So by the very felf fame iuftice and equity, they can no f % cr - neither now demand nor expeft that we, or any i$ 7 LZl Chnftian Realm or State thould tollerate or connive at, qui Oentilimr much lefle openly countenance and proted them in th c mibus femc r e. publick or private exercife of their Iudaifme,or Iewifli eosper* Rites, and Blafpemies againft our crucified Saviour, and ZjZ X™ hisGofpel: All then that Englifh Chriftians can do for coiebm. \Thl- them, is to \gj~\defire t and pray for the converfion of aU mas Walden/es Gods eleH amongft them in his due time, byfuch means as Do fltmalesFi- he fhall think meeteft, andtoinftrud them in the faith, fZ’ *' c ‘ *• by learned Miniftcrsfent to them, if they de/ire it; but ( qZom'**, not to admit them (and perchance many difguifed Icluits, s.i.Tm. i. Papifts and Friers with them)promilcuoufly into our Na- t.p. 3. tion; to undermine our Church and Religion, and undo » many thou fan d Souls , it being our duty , * as to give no 1 Cor ’ I0 ' 3 11 pull offence to the Iew^ fo neither tothe Gentiles, nor to the Church of God , whom their admifsion amongft us, efpecially upon /Mena/feth Ben-lfratls motives and ad- dreffes, (tending nothing at all to Piety or their conver-, verfion, but worldly gaine and obftinate perfeverance id their Jewifh Antichrittian Rites and Superftitions)will R2 raoft A fbort Demurrer to the Jews rood" juftly offend.Laftly thole Popes ScPoptJh Princes, who have hercofore admitted any lews to cohabit amongftthetn »juTmuim co- have done it under thefe feveral cautions and limitations didst, 1. 1 , prcfcribed to them by their * L tws, Councils. Canons, De- da 12 " Divines arid Canmlfts. r. That they (host Id build Frede ricas no new Synagogues, nor repair any old ones quite dem ilifhsd. Lindebeogas z. Th tt where there were old Synagogues fornserlj' uftd by codex Icgu-m them, finding', they fhould only repair , but not enlarge or ^cr^tborum build them higher than before , nor extraordinarily adorn lie. I'tt. i, '• them.^.T bat they Should not ftir out of their doors on good. 3, Laur. Sun- Friday, nor epen their ihors,'Windows,Jhops,or do any (ervile us,Concil. work. on the Cords days or other folemnChrijbianFeflivals.q. T ° m f ,66 608. That they Shall utter noblafphemous words, fpeeches againfi 646/34,674> God, Chrijb, Chnfians, c Chrijiian Religion y .nor mani- 679/98, HSi fejb their open contempt of them by gefures or attions ,.un- 1041. rom ’ der pain of pecuniary, corporal, and capital punifhments, ac- 3 */'**S5i/7 0 [cordmg to the quality of the ofenco. Yea King Eringius 716,754*6315 Leges wifigothorum, 1 . i.Tit. j r c. 3.4. 7. and 12, Com- 753,495, cil of Toledo c. $>. prohibited the Jews the ufe of circumci- ConcilBafilenf. ^ the obfervation of their JeW'ifh Pa fcovers ,Sabbaths, mTom'^p. deferences of meats, and other JewiSh Rites under pain of yj,l 6 .Alexin- Whipping , confiscation of goodt, lofe of Nofes , Ceni- der, 3 Dei'^. ta's, Bans foment, 5. That they Jhall be admitted to l.$,Tk. 6 .c. 4, no degrees of learning , honour, dignity , office or \cntri To?-- p rt f trment whatfotver in fate or Church , btcaufe it ra.Tom. 1. p. is mojl abfurd andunjetjb , that any blafphemer of Chrif 488. ’Com. Should exercife any power or authority over Chrifitans in a- 798 805. Gra- Christian State. 6 • That * they fhould neither eat nor 1^1*5 113.1*0. drinks nor have any dayly familiarity or communion With iuiu Caul. 18. Chrittians, nor entertain any Chriflian man or woman in qu. i.Vanor- or 0 ut of their houfes, either as tt>crvant,or Uu'fe to their 7 ontiCmfei f n children , or olherwijc, nor yet adminifier phyftci ; to any Rtpcrtonum in Abut:. Tii.Judxus Card: nails Hoftinsnfis Summit cum addnionibus > Hicbolai Superanti:,.L.S. lit.n,de fud.eis <& Saraccnis &. mttm-favis BaptiSla Tm~ vemalaSumma Rofelia iit.Judxas Anyelus.de Clavafo Summa Angelica.Tit. ludxus j Th Zerul a Praxis Efcopahs pars, iTit. Judxus,Cuitur.Magd.ii c. 7. lac.de Graf- f,is Decipi, Au■ carum pars, 1. Lib. z. cap. 13 . de Judah & Sxracenis Caldemius dt Judas Con (I CtwJ.n.H,}. m.lSMaufcy. £,l. m, 6 , dorf. longijcontimted Remitter, &c, II? Chriftian in hit pck»*f*, l*ft *»J ft*? 1 * c hriftians Jhould tt/educedby them to Judaifme by thefe means. 7. That all lews both males and females Jbould always wear a fpeci - » clauf.x cial* badgeor pgn in allplaces upon their outwardGarments H. 3. m. 10 or heads, whereby they might be diftinguijbed from Chri- J>»rf.^lauf. Ilians, and known by all men to bit / ews, to avoid commix - ^ m ' tion and communion between them andChriftians Which o~ See’here, p. therWife would happen. 8. That they Jbould be difabledto 35. Mmfieri bear voitneffe , or give in any legal teftimony again ft Chri - ofm.l.^.c. Ilians, or to purehafe any advowfon or Eccleftaflical prefer - mentor to bequeath any legacy to the Nation or Corporation a numfnh. ln- of the lews, or to exercife ufury among ft them. 9 . That noccnt 3. £.<*<>. they jbould befubjell both to theEccleJiaftieal & Temporal tom. 3. Courts and Judges for all offences properly punifhable by 7 ^* them which they (hould commit. 10. That they Jbould pay all. predial and perfonal Tithes to the Chriftian Minifters where they lived. J >• That though they (hould not be com * pelted to be baptised or tarn Chriftian 5 againft their will , t jet they Jbould at certain times * be all conftrained to come to E the Sermons of fuck Christian Priefts and Minifters as were appointed So inftrull them in the Chriftian faith , and to preach unto them to convert them ij. That their Ser¬ vants and Children being lews) when once baptised and turned Chriftians, Jbould no more cohabit with, nor be under their poster. 1 3,. That upon their converfion to Chriftians • ty , all their goods andmony gotten by ufury and cheating Jbould be diftributed to pious ufes , and the reft only retai¬ ned for their proper ufe and lively hood, 14 That if any of them after their baptifme apostatized and turned Iewes a- gain, or fell into Herefte, they Jbould be proceeded againft (*-) zonaras and burned, Executed as Apoftates, and Here ticks. 15. Tomy.Centur. That no Chriftians Jbould communicate With them in any kind, except in buying and felling, nor cohabit with, ferve them as a Nurfe or Servant,under pain of excommunication, General HiftJ Yet notwithftanding all thefe reftri&ions and cautions, we °f s ?*?- 77 i read of few lews really converted by them, and that the 958. Sewi have 0) perverted andfeduced Jundry Chriftians to U ^" ; ' !*: ' ludaifme , ail made themprofefiedlews ; perfwaded other Chrifttans to obferve Mofaical ceremonies,be [ides Baptifm, whereby they made a confuted Chaos of Religion ; yea they corrupted Michael Baibas the Emperor fofar, that he com• manded Chrifttans to faft on their Sabbath, and made him at it were a fink.of Setts, as Zonaras and others record ; And Ferdinand. Sc Ifabella baniihed them out of Spain up¬ on this ground, that they induced many of the Nobles in jindaluvate become Jews,as Manafjeh Btn-Jfrael hira- felf acknowledged, p. 15, 25. Yea ,Sedechias the lewift (fiMartw Fhyftcian ( f) poyfoned the Emperor Charles the Bald his Putom fitppu,- body, as well as others in that age and after poyfoned 0- 87 'Tlhebmi ther C hriftians fouls. What mifehiefs then they may doe clron.Grimfton to mens bodies in England, by poyfoning ofthem,(as they and others in did XheQ) E nglijhBarons heretofore, and Dr.Lopez, a lew, hts life. bribed by the Spaniard would have poyfoned * Queen Eli - v) sphere,ty. ^gth of late whom he profeflfed,he loved as well as he » cambden , did Iefus Chrift himfelf) and what defperate venom they speed, and 0- may infufe into their fouls by their Iewifh Doflrines, Sy- tbmio her _ nagogues, and AntichriftiacCeremonies, if admitted with- («) couftim. ° uc ^ ^ u P° n ^ reftria.ons or any other,let all prn ; ’ l.t.conhit.it. dent Chntrians refolve. Since («) Pope Innocent the }.hira- Oper.Tom. *. felf, and (x ) Cardinal Uoftienfs , with other Popifh Ca~ p.7?3. nonifts, who have tolerated them, give us this account of De t * ie ‘ r re( l a ‘ £a ^ f° r ‘ c » > n pofitive terms. ludai ingrati , pro judais'i&c. gratia reddttnt comumeliam, pro familiar it ate contefop' turn, tmpendentes nobis Hlam retributionem , cjttam juxta vttlgare proverbium, MVS IN PERA, SERPENS IN GREMlO, IGNIS IN %fSS, fuis confueverunt ffofpiti- but exhihere , Flam [tint qta'dam ( quodnefandum eft dice- re")lftttrices Chrifttafias'habenief , non permittsent lattare filios cum corpus Chrifti [umpferunt[ nifiprius per tridmm lac effuderint in latrinam, (quaft inteftiguni, quod corpus Chrifti tncorporetur ,er ad fee eftun defeendat, ) & alia in- audita committunt , & deteftabilia, qua a fidelibus fttnt minirne toleranda , nejfh'ac n gli^unt qua indue ten t confufi •• onemfdei INDlGNATlONEM DIVINaM INCVR- RANT. long difcontinued Remitter , &c. i'9 RANT. As therefore (; ) Oldradm de Pont*-, Ab- 0 ) c 0 nfii.z 7 . Mot Vanormitan, ( * ) Antonias Corfttus , and other Po- T\ pith Canonifts conclude pofuively. That C hr ip am Chrijhan Kings may lawfully expel and banifh all lefts < ad nomitan'.' Tit. Infidels oat of their Realms , though peaceable, for their la- Judsus fidelity, and other juft caufes : So may all Hnglilh Protf- ff c -de Graff, fonts iikewife upon the preraifed reafons conclude : "trlmllTtts may as jufily.as lawfully now keep them from re-entring sift.Ya.' 5 into England , notwithftanding the pretence of their toaverfion to the Faith, which I hope I have fatisfadorily anfwered. The a. Allegation for bringing in the lews ismcerly politick . That it will bring in much prefent and future ' * * gain and mony to the State, and advance trading. This is the Argument Aienaflah Ben-Jfrael rooft infifts on, p. X< to 11 <3 • How profitable the lefts are, adding , That fro- fit is a most po ft erf all motive, and which all the world pre¬ fers before all other things- And therefore (writes he) we fhall handle that point fir ft- Though he handles it (o, that every eye may fee he afndnnort at his own Nations profit, benefit,advance,than mrs- 1 anfwcr, i. That if this argument overpoyfed not the fcales, that of confcience, (the hopes of their converlion) Anfft tr \ would be lighter than the duft of the ballance and fticke ^ n }J‘ r, '“ iS with no man, their mony being the only engin, which ' Tm ’ hath opened the gate and paffage for them into any Chri- (b ) See here, ftian Kingdoms at firft, and made new entrance for them P- *• when they have been expelled, as £ aj Concilium Toleta - ( c ) num,\.c. 57.and others inform us. This opened their firft ^ de°’ponf‘. paffage into [ b ] England, ] Spam, Portugal: and gal « c aftil. Philip Auguflus who banifhed them out of France , An. mione.p.mSa. 118a. Poftea verb quant propter bella inopia laboraretpe- Opmer s Tunis, accepta grandi a luds.it pecunia redditum eis con - ^ dyeojmorr ceffit felvs through with many forroWsfthctforc ’tis notTo much as once to be named or n-fifted on amongft us,unlcffewe will renounce our C^riflianity , make great gain { » ) 1 Tim. n our only godlinefle, inflead of making ( » ) Godline(fe CO Mat. 1.6, contentment our great gai»-,( 0 )betray and Jell our Sa- tj, 16. (, xy. wour Chrifi again to the IeWs, like ladas, for thirty peecet 3,4- of fiver, Without repenting and making refutation ofit to long difcontinued Remitter , &c. 12 I the lefts, as he did; and moft blafphemoufly transferre our very Saviours moft blcffed Deity, and ftamphis moft i p \ yiat. T fweet and higheft Title (p) GOD WITH US.upona 13. contemptible piece ofwhite and yellow fliioing clay, as fome have lately done on all our New Statecoyn ( as if it were the only God with them and us ) how chriftian-like,. let themfelves determine, ^ly. God himfelf who faith ( ntin ued, uncclfanr, new j illegal rum, & Fed a- Taxes , Excifes, Imports* impofed without common con • gtorum ficuili- fent inParliament on theNation, ingrorting, amici’- onibas mohfta - pating moft of the current Monies of the Lahd^ which are the nerves and wheels of Trade, eating up«all the Mer- munionc care* chants, Peoples gains and labors, and overcloggihg all atydonec fans- or moft Commodities imported or exported. The dis* fccent. Gran- banding of all unneceflary mercenary Forces and Gar- 3! Vinielni ^ ri ' ons > who have devoured moft of the pubhke and pri-^ ■spec. Dutthn, vate wealth of our three Kingdoms, and extraordina- s * f* 1^3* i| long dtfcontinued Remitter , &c, H 3 rily impoveriflied them,only to enrich and advance theffi- felves; and settingup the old unmercinary Trained Bands and Legal Militia of the Realm in their Heads; The en¬ couraging of Merchants to bring in gold and filver Bulli¬ on, to fet the Mint on work, which hath lain for the molt part idle near i > years : the fuppreffirtg of the fuperftu- ous making, wearing, ufe of gold and filver lace, wyre , gilding, which coniume many thoufand pounds of current coyne every year: The inhibiting of the excefimufe of that late intoxicating fmoke of 7 e^fco,caufing iuch .a pro¬ digal expence of money, time, and hindring more necefla- ry, ufefull, ftaple merchandizes and plantations. The re¬ gulating of the grofs abu r e$ of Letters oPMart, now little better than commiffioned open p^r<«/yi(^^we,orMariners whotake them; (at whofe coft they are not maintained:)The bind¬ ing of all Captains of all States men of war *co makegood * See f ^ all the Englilh Merchants, and their Allies Ioffes, fufieined Stair-, cb. hv their default or negligence: The *refuming of all the late *su My alienated ancient Lands, rents,revenues oftheCrown,got into private hands, which ought to defray the conftant 64. 103. 104. expence of the Government* now extorted for the moc*. part by arbitrary new devices* out of the exhaufted peo¬ ples purfes, The fpeedy preventing of the late unparal* Idd wafts in all places of £^#Timber, fit for dipping, Si of (x) Sums Concif. Tom.t P'l 7 M> 731 ' (y) Ambrofli Jlpiji. L *. Lpift. ip . *> gtbardtti de Judal el s fit ’ ferftitimibus: Bibi. Pa'-y/tm Tom, 9. p . $16. Tripart .. /. 3 . r. i* /. 2* y his diffimulation make the Emperour a Prevaricator,who had commanded fuch an un juft thing againft theChurch. After which theEmperour coming to MMa>n, 8 c St,Amb. hearing that the lews had built aSynagogue in theMarket at Conftantinople: he publikely preached againft it, j«- ftified the peoples burning efthe other Synagogue in his Ser¬ mon before the Emperor and people : wherein among ft o- ther pajfages, he ufed this Speech to the Emperor htmfeffin the perfon of Chrift. O Theodofius l I have made thee of an obfeure private perfon, an Emperor, committing my flock unto thee? I have adorned thy formerly fqualid head with a Crown: 1 have delivered the forces of thine Enemie unto thee, I have reduced thine Enemy under thy power, I have made thee triumph without labour; and doft thou make mine Enemies to triumph over me? and offer contumely unto me, by preferring thole whom I have rejefted, before thofe by whom I am worfhipped ? by offering violence unto them, and fuffering a Syna¬ gogue to be built in the raidft of that City, wherein I am worfhipped, and my Croffe adored, by thofe who have been my Murderers ? When St, Ambrofe came forth of the "Pulpit, the Emperor faying to him : O Bifhop, you have this day preached againft us. - He thereunto repljed ; He had not ipoken againft him, but for him. To which the Emperor {ubjoyuing, O Bifhop, will you have the people in a well governed Commonwealth, to have licenfe rafh- ly and impudently to do what they pleafe ? St* Ambrofe thereto rejoyned .‘Neither is this verily to be granted, %b*X t&e 31e$0 ftouUt babe pnsgogws in t&c mfott of 125 Albert Demur, r to the Jews a C&ttttan Cttp, aito offetto the eats of the < 25 «t>lp fottij blafpftemous pjapets : ougbteft thou to £>ecr« tbt 3 , moft^olp CBmpetOl; whereupon the Emperor being quite fileneed and convinced of his error, forthwith gave his faith andpromife to Sb Ambrofe, to reverfe his former decree for re-building the lefts Synagogue, before he went to the Altar to receive the Sacrament at his hands* I wifti tWs my J^OTwrrermoyproducethelikeefFe&s.&provca perpetutl barre to the prefent and future readimilion of them and their Synogogues into England. „ Gal. 5. 2,3,4. Behold I Paul fay qnto you, that if* ye Jew™*' becirCumcifed,Chriftfhall profic you nothing ; Fori JL * teftifie again to every manthaciscircumcifed, thatheisa debtor to do the whole Law: Chrift is become of no effed anto you; wbofoever of you are juftjfied by the Law, ye » n r. r are fallien ^ rora Grace * veryjewiih'' 1 3 °^ 4 * 3 • Every spirit that * confefTeth not that le. J\ spirit - J fus Chrift is come in the flefh, is not of God, and THIS IS THE SPIRIT OF ANTICHRIST, wherofyehave heard that it Ihould come, and even now already is in the world. Alexandri ab Alexandra IurispericiNeapolitani.Genia- liumdierum lib. VI. cap. VII. Qperebat aliquando ex- me, dum Comae agerem, Raphael Volaterranusvlr infignis dodrinae & virtutis,cui ad mores emendatiflimos gratvitas libero homine digna, non modicam accefiioriem faciebar, quid caufeforer, quod cum caufarum patrociniis & foro ufque a pueritia effem addidus, illis pofthabitisj & quad forenfibu negotiis praeterm/fiiis,in his ftudiis mi* ' tioribus ita me obledatem,ut caufarum patrociniis bellum indixiffe videtetfcui hoc caufe referebaro, quod leges, qux ad communem utilitatera editae, Audio & labore maximo quaefitae & meditatae nobis forent, neque ab his qui jura darent, coli, neque perinde ut oporteret, praecipiViderero, dolcremqQe j'uri dicundo illos plerunque peaefidere, qui eas vel turpiter ignorarent, vel per gratiam & fordes fa- corrumpi finerent : & quibus lcrvandarum legum y prae- long discontinued Remitter , &e, D~aeciouaimtninet*ura , W ma*ime legum icita content* nerenr: quibus rebus ut tec fcita Sc decreta veterum monuraentis nobis tradita, tttaximifque ingenus elaboma. Sc cam penficulate espenfa ^undt hortioncuias neqaiffi^os aBdaeiffiJtiufqoe^narus legum, judiciorum & fori, asJ magiftracui oraccflet, non falubri temperament net dll* ceptarionc ic jddicto,' fed aufu temerario, & ornm jure ncgledo, ad fuam Ubidingp per fielas & neqmtiam ever- tefet. Horum non milBKia exempla dicebam fore ea, qoae dudumexperti vidimus. Nuper cum Romae cuUodias cosnofcerem\ opers precium fuic videre, quae rerum mi- racula monftris & portends fimilia , ac didu faftidienda, quaeve turpitudines ad aliquorum' libidinem admitte- rentur contra jusfafquc: fiquidera facerdotem quempiam in his nadi fumus, gravem & (andum virum, .vita & mori- bus ornatiffittu'i.hominem profedo honeftae & maguae lau- dis diu tenebris- & carcere maceratum , indigmffi- mam fortunam fubire coadum, pro eo quod pecuniaro fibi traditam ab eo qui iilam furto lubtraxerat, ut vero do¬ mino reflitueretur, illius juffu mandatoque reftituerat fup- preffo autore, ipfumq; quaeftionibus iubdi vidimus Sc to.r- mentis vexati,ut ilium qut confcientia culpac, Sc fpe veniae addudus, abftubffe confeffus fuerat,paiarafacerec j!delin- duentifque delida, quae ille peenitens culpae dixerat, enun- ciaret; ouo dtferimineadadus pauper fenior, confitentis prccatum & deiinquentem enunciare coadns fuiti quod, quidem Scripto jure vetitura, fandionibufque & decretis interdidum ellc conftat. Rurfus aiiura itnmani fceiere coo- pertum hominem impuriffimum turpifiimumque, qui maximorum criminum reus teftibus, tabulis,teftimoniis, & certiffimis documents convidus fuerat, quae nec ipfe glo* riabundus difficebatur, quiq; legum, judiciorumque poems faevi me coercendus erat, ab etldem ergaftulis, fola prae- fidentis temeritate, nullo negotio dimitti & liberarij aliaf- que audacias & turpitudines, ne dicam fcelera indigna au- diruprofatuque, quae vix credenti non modo enunciata, fed vila ficcomperu fucre« Iafon Mataffalanui Sc Ludo- i8s 5 feme thing addifted to Venery and caroii- lirg, he being fomeiimc an Apprentice on London bridge, but gave bis Matter the bat?, and tooke Holland, where helearned to drinkt upfie fria, flipdragons, &c. befidestobeaSoIdier: he praAifed in hi* owne native Country, and became Governor of the Ci y of Glocefter, but fince, prompted by hi* known ambi¬ tion and tretebery .having differed hi* truft in the Army.feekirig to low the feeds of difeord anddittention amongft his brethren, by the inftigation, aid, and aflfiftance ef the reft of his compli¬ ces, the impeached Members , to make the Army odious to the Parliament and people, poequettedup moneyes defigned for Ireland,and under pretence of leavying forces for reliefe of the fame, underhand did advance a moft abhorred and treacherous plot or defigne, to beget a new war; the readieft way to fflf.dl which, was to perfwade the Lord Major and divers Aldermen of the City (who were too forward to liften to fuch Syreosjthat the Independents (as they callthem)had already moft uncivilly taken the King violently from Hold ;nby, where he was placed by command of both Kingdomes, and kept his Ma jelly their pri¬ soner, hurried him too and fro, &c. when, to fpeake thetruth, what they did.was both according to the law of Na?we, of Na¬ tions, of Religion, and Allegiance to his Majtfty * htsMajefty being teftrained, and kept (by the powerfully ffaance ot til af- fe&ed Members) priloner at Holdenby, and denied any two off " A ^ his MsChaplains for the petforming of Religious duties betweeac Godand his owne foule, of alf rcRraints or punifhmentstha wotft ; befides denied him the fight of his dcareand Princely children, and there kept (as prifonev) in no capacity to Treat, the readieft way to bung thefe unhappy divifions to a happy pe- riod. Now I hope there can be none fo void of reafon,a$ to ask usagaine,by what authority we did it; as if there needed Au¬ thority (according to our allegiance ) to defend our King,or de¬ liver him the Supreame Authority , from fucb cru' li and unheard ©?reftraints,andimprifonments , which every loyall Subjtft is bound to doe, and is warrantable both by the Law of God and L an. But if heere bee not enough to incenfe the Ciiy againR the Army and iheir Generali, let us try another way: W e muft fide with the impeached Members, and other malecontents, as Col. PojntK, and others; then march in a full body to ranft ®f the Al¬ dermen and Common Counfell, that Hand ftifflieft for the Pref- bytery.as Alderman Bunco, L«nglej,$igges, Adams,, &c- tell them that the Houfe of Commons is Iwaied only by a company ofln- dcpe-ndents,as might appeare by their Ordinance to make Sir Thomas Fairefax Generali of the j.Kingdomes; Tba if they did notiuddenly prevent it, this City, alltbeir riches, and all that was neere or deare to them, would ot come a prey to an Army of Anabapiitts, Brownifts.Heretickes, Schifmaridu*, ar d tbat the Army fights for h - fcrtj c/co#/c«>K«,that opens tbs dooreto all manner of profane- nt fie, that (h: A’ my are of all Religions, and no Religion, and a meere compound of all H:ri(ies , Scbilme, and fatftion , and peftilen: enemies r o all National! conformity , oppofe the So- lemne League and Covenant to the death, will not pay Tythcs, nor'v rrauft wee hope that they will be refotmed to our Qor- nxe\\~\ TresbjteriaH government , and ft thcle men fhould over- coin, us, now 'tis likely they may, alas what would become ot us, works wee cannot, to begge wee are aftumed our pre¬ tences, ecju vocations , tneata&rc/ervationt, falfegloats, and fophi- ft tensions will belaid all in our diflies , and wee expofed to cry M »ry* bones, fell ftmll- coale, rat-traps,and tinder-boxes, turns ftone-cutters, orfow-gelders.or any thing for aliving (which would be a thing odious both to God aod man; wee are very fenfiak, that the Army will rather eftablifh Epilcopacy againe (that hath beene of long continuance ) then Presbytery that came from nafty Scotland in a lowfie doakebagge { Rather ths old Set vice-booke (formerly thought worthy to be eftablifhed by net of Parliament ) then the new Direftory : Ahs poors Diredory, ic»J. lor that man , nay ratherbackfideof a man As th»t that fhali bun'.dare to defile thy facred lines. Thomgood Volume madeft B) field ard Kcbrongh fpcnd their greate in writing thee over and over againe, and art thou now become like an Alma¬ nack oftbc lad ycere, out of date : How is thy glory decayed ? The hedae.of thy vineyard broken down@,and thy Scotch D;f- cipline laid in the grave, {ala* p*»re f Dr. Burges) and all the pu- tredinous Vermine ofbold Schifmaticks.and trantick Seftaries, glory in her afhes ? Why don't your grave wiflotnes get your boyes to i un in a tumultuous manner to Weftminfter, and com- pell the Houfes of Parliament to remedy all this —Get the ut¬ ter your (crop-ear'd) Barrefier of Lincolns Inne to plead your caufe, and query whether your late tumult, (upon no worfe perfons then the Lords-and Commons in Parliament ; as once before upon his Maj’efties Perfon, from whence fprung moft of thefe fad divifiors and bloodfhedjdeferve not a certaine kinde of eafie punifhment called in onr tongue, hanging,drawing, and quartering. Whether when a company of peacefullmen,Citizens,Mer- chants, and other free-men of the City, Coroming with a Petiti¬ on for the good of this City, themfelves, and the whole King- dome, to the Major, Aldermen, or Common-Counfell thereof, unarmed,, ought to be aflauitcd in the ftreets 9 killed, or cut limbe from limbe, curfed, with many imprecations, and nick¬ named, and abufed ira a fhnmefull and uncivill manner, by.C»l- lonell 7 > <7Kt*,and divers of his fadtion ; and whether it would not be jultice , and give great fatisfaction to bis Maj'eftie and the people, that the Parliament would ufe all diligence to Ende out, and apprehend the abettors, raifers, contrivers,and fetters on of Each tumults , and thecffenders to be committed tofafe cuftody,and tryed according to the knowne Lawes of the Land, it being moft likely the fel fe fame men,gave incouragement, or fet on others to come in the like tumultuous manner to his Ma¬ jefties Court of White-Hall , againft whom his Majafty could nqrhave jnftice to this very day,though he hath complai¬ ned thereof in bis/Dedarattons ? Thefc be the blefled fruits of this prefent Reformation, ana a new Presbyterian reformed way to anfwer Petitions for peace, 4*sr peace, as formerly;to pay deocs .• This Reformation is worth obfcrvation, cfpecially having beenefo long a hatching,which hath made the.new D:aneof Pauls, and Mifter Sedge »uk. bint it often in their prayers and Sermons ( anaongtt the tjVof tbeic non-fenfe, ignorance, treaions, 3nd blafphcmies.) T hat thegrea t Voorke of Reformation bath ever .p reeved a difficult workc J for when Nehcmiah was building the vyails of ] -ruialem bee was faulted by Sanbalht and others, and W ai faine to worke with one band and fight with the other; but furciy A*r- htmab wtcught not like ySu, you fit clofc enough, fafe enough,- and long enough, yet never finifh your great worke, they fini- fhed theirs: You in your zealous pangs of non-fenie pray, that your great worke may be carry ed on by tb'e bands of your dfiembly, as long as the funite and meeue endures } . ypa.fuve 'wrought hire. Who doe yoyrhinke will pay, you your wages, you never muft- expeft foure fhiilings a day uiaro: I make no doubt but his Ma- jeftie, the Parliament, and ah Governours under thttn, whatfo- ever, (if they intend that the people committed to their charge foall ieade peaceable and quiet lives under them J will in po- licie to the generall good ,.idt the fecuring their dominions from fuch fidtous lpirits, by fuch wholefome and ftri,and the fore-head with S. for Schilmaticall flanderei 8c c. fir ft'flood For Sir Robert IPje, wee feajjg not rut t© finie nun, before in the Ptl Chriftmaffe, minc'd, and ready bak’d, or with a Cocks combe, lory to Turkies, or Goofcs head peaking out of his croft. 4 gWc him Oyes, O yes, if any manner ot manor woman in towne, vour him Citie, or countrey, can tell any tale or ty dings of thefe Tray- buc after * tors to the pnblique peace of the Kingdome, let them bring denyed it; word to the cryer, and they Hull be well rewarded for their therefore painCS. the fecond time hee out him clofe. God five the King and Parlia¬ ment, andblejje Str Thomas Fairfax. FINIS, •41 ■ ; |if A f i ry i THE VNBISHOPING OF | TIMOTHY AND TITVS. 0 2t A briefe elaborate Bifcourfe , prooving Timothy to be no Bi/hop ( much letfe any foie, or Diocasfan Bifhop) of nor of Crete j and that the power of ordination,or impofition of hands, belongs lure Divine to Pref byters, as well as to Bit hops , and not to Bilhops onely. Wherein all Objedrions and Pretences to the contrary are fully anfwered j and the pretended fuperiority ot Bifhops over other Ministers and Pref byters lure Divine, (now much contended for) utterly fubverted in a moft perfpicuous maner. By a Welhviiher to Gods truth and people. CWatthe'fo, /y. /,». Every plant which my heavenly Father hath not planted, (hall be rooted out. Cbryfojlom . Opm imperfeftum in iMatth. Horn,3 5 . Quicunque defideraverit Primatum in terra ,inveniet in Ccelo confufionem- ut jam inter fervos Chrifti,non fit de Primatu eertamen. 4 ■ In the Yeare M. DC. X XX V I. To the Reader. (a) S?£ Hriftian Reader what that Oracle of wife- hard, &ib- dome hathregiftredjPrc- anm Mu- verb. is- io. Onely bypride cometb contention ■, was ne- Majler ver more reallv verified Tmdah in any one particular , a C b r , num then in the Prelates: man ; and whole ambitious windy tumor, andoverfwelling utes.Dodor pride,as in al former ages, tyn White lo in this, hath ( a) filled the frhole chriBian frerld 'frith ^ t b c f v ™ c * "francs, with civill difienfions } and the Church itfe/fe, c '6 .thefifth frith endlcjje fchtjmes , controverfies , contentions , frhichf^of the tlfc frould never had exifitnce. The pretended pri- macy of the great Pontificall Bifiiopof Rome, what obedience 0 tumults, battles, warres, treafons, rebellions, mur- fi 0 ’ x ders , martyrdomes, hath it ingendred on the one A asand. hand i what difputes , bookes of controverfie, and m) Y et our P re ^ ent ambitious Prelates ftudying JJST’to'fur mount their predeceffors, not onely in worldly (id t^^nohipe and power , derived from their indulgent turn's overaigne , but likewife in fpirituall lurifdi&ion, .Di- claimed from God himfelfe, ( though they have nei- 1. ther time nor care to preach, pray, or doe him any X‘oJ\ou Epifcopall fervice, being wholly taken up with fecular •& C. 9. * offices and affaires, and f unable to ferve Cod for fer. Divtf. 1 jp- afpmtnans Library 9 f- 9 6 /, W. Ex f/ lt ' on 2 «»(lC»twrigbt. f- 389. ff the Princes Supremacy .f, 3 y 9* * Mattb. fc 4 V%. 16.13. 1. lohn. 2 . vifig s ving his incompatible enemies , CM amort , and the 'horld ,) have lately blowneabroade the coales , and refufcita- ted the violent flames of this contention afrefh, bya ( ”‘) See new ambitious claime of all their Epifcopall Sove- raignity and Iurifdiction,/«rc Divino , even in the High iheolog. Commifion Court it felfe , m the late cenfure of Dotiorf^ f }el ~ Rajlmckc , for a Booke written onely againU the Pope^ rca ^jf/ and Italian Bifhops , without any reflection upon them, (») Pag. 2 . as all men then conceived, and therefore wondred at, 4E44^ till their magnifying of the Church of (™) Rome as a stllbridge true Church tn that Cenfure of his , and feme late Itcenfedhis Exfor- Pamphlets ,their Antichriftian andPapall proceedings^^ againft Gods truth, Minifters,Ordinances, and thelate m/iiam authorizing of Boiler Pocklingtons ( n ) Sunday no Sab- Wragbrn bath , by the Archbifhop of Canterburies o'tone Cbap/aincJ^f^y Mafter B ray ; which exprefsly avers, that our tArch- htijh Fox. bij hops and B if hops can and doe lineally derive their Pedi- gree and Succefion from Peter and the Popes of Rome ■ hath c plaint. Jince inf railed the ignorant people , that Popes Italian and c. 23 . EnglifhVstfhops^rein truth * all members of the fame hl} body , 'frhelpesof the fame litter, branches of the fme tree, lienee of and 011 r prefent Prelates the Pope of Romes otvne lineally dif-a Christian f cendedformes , fo as they could not but be fenflble of, pffdtfiof and highly offended, if not a&ually laffed , wounded PoyijhPre- w ith their fathers fcourge ; Flagellum Pontifcis & Bpif-tefgjbx coporum Latialtum , being a whip for them , as well as Mom- for the Italian Prelates. mmts gagi Now becaufe in that late Cenfure of theirs, they 4 r 4- fi4« yxo, y1 Mailer Whethcnhallhis Dtfcourfe of the Corruptions now m Quejtion with others. A 3 all ♦ fu founded the divine right of their Epifcopall Super¬ intendency and Dominion over their Fellow-Prefby- ters, onely on the examples of Timothy and Titus, (whom they then new.confecratedDioca;fan Biihops over Ephefusand Crete T ^ o^, yeif% after their de- ceafe,though Chrift and Paul himfelfe had never done itjin their life times :) and on a fuppofed divine Mo, nopoly of conferring Orders and impofing hands, appropriated by God himfelfe to Diocadan Biftops, diftind in Iurifdidion, power and degree from Mini¬ sters and Prelbyters ; 1 have therefore here for the future of this much agitated controverfie, confined my difcourle within the lifts of fuch queftions , (not formerly fully debated by any in the Englifh tongue, that I have met with ) by the difcuf* 4 Mat b. 7 . lion whereof I have (I fuppofe) fo fhaken thefe rotten 6 . 27+ pillars, and undermined thele 0 fandy foundations of their high-towring, over-fwelling Hierarchy, as that I have left them no divine prop or groundworke to Support it longer • fo as it muft now certainly ( for any ftay is left it in Scripture ) come tumbling downe headlong to the very ground ,'(and me thinkes I heare the fall ofit allready founding in my eares)unlefle with Speed they wholly quit thefe falfe foundations , and bottom their Prelacy and Iurifdidion onely on his Majefties Princely favour,(not Gods or Chrifts divine inftitution) which becaufe they have fo lately judi¬ cially difclaimed in open Court,and even at this prefer*! execute all Acts of Epifcopall lunfdiilion by their owe inherent power , without any Jpeciall Commtfion from hit dfrU\esly under his greate Seale , keeping their Courts , ~- • - * / •vijit aliens , And making out all their citations ,proces , ex¬ communications,probate of '\kils y Letters of administration &c, in their o'frne names and under their o'frne Seales , as if they were ahfolute Popes and Monarches contrary to the Sta- tutesof2)M.S.c.ip.2dMJ.c.z.S7^.S.c.i7.i.Ed.cr.c. 2. i.Eli^.c.i.S.Elil. c. 1. their Oath of Supremacy, and their High-Commifiion it felfe , which might teach them another leflon ( net that it confines them to doe ali things by his Majefties fpeciall Commifiion, in his ' name and under his Seale , when they are all there joyned together, much more therefore when they are # gee ^ divided in their feverall Dioces j ) and becaufe they i 0 \ m n auts have * blotted out Cafars Image andfuperfeription, his his lnfh 1: Jrmes and androyall Title out of their Courts , proces and all ecclefiafticall proceedings , and injerted onely their excellent II otvne in leive thereof, that [0 they may appeare to all the fafage to "frierld to be no longer his but theirs , and hee (ifhec fhould it chance to chalenge and re fume them as his owne) might not 27. :: henceforth o'frne or claime them to be his ; they have litle * reafbn now to attempt , and his Majefty farrelefleto tides Artie, fuffer,and fo having neither God nor the King, divine 8 -p. fit. norhumaine Right to lupport them, they muft (asthe proverbe is Joetweenffro f coles thear\egoestothe ground) p ra ft,j- e 0 y now at laftin the middeft of their ufurped greatnes, PopifbPre- fall flat upon the ground,and this their fall, q proove •very great , becaufe they now ot late , are growen M d obe- fo, * not being content'frith the office of a Bif hop , dience• of a but they rnttB be rffo Kings , temper all Lords andcheifc fff im fate officers , againU Chritts expreffe commaund and Gods * j 7 .H. 8. o'frne Lafr } toffray both Church and fate at pleasure, if fo CI 7 * they may tngroffe t into their facred hands the foie rule? 'fete on and government of the'&oorld, having great pojfefiions sitnd being great Lords aljo its they are Prelates , and yet doing nothing therefore at a/l in point of preaching, feeding, and inf railing the people committed to their fir mail charge, but onety playing the part of a Bifhop, as a Chriftmas ¥ ivij.it game-player doth of a King and as a Poppet, 'behich fringttb dx Keyes of u p a}p s downs, and cryeth Peeps , Pcepe, andgoethhis ’bcay, ffp 266 as * Doctor Barnes writes wittilyvpf the B iflsops of his n \Pm.16. age. Which (welling greatneffe of ambition of theirs J 55 ' Pt ., - as it will make their downefall the greater , fo, the ^ 1, e fp eec jj erj b e j H g afureprognofticke of their approach- }Pp,i 19. ingruine, as the greatueife of any unnatural! lwelling l l f e Jho ^ in the body is of its prefent entiling rupture, a P ride mu Beiimt ever going before definition,and a lofty fir it before a fall, Imfup plica- atlt > t hey ufually dogging them atthe heeles ■, becaufe ofhisTVbr&s* Cod himfelfe refisieth the proud, but then moft of all in folio f. when they are at the higheft; according to that of the 'aimoftex * Thou putt e si aft ay all the wicked of the cellmpafi earth like drofje, which afloone as ever it hath gotten fige to this up to the top of the pot, ard elevated k felfe above the tabffto^ourff^ 1 '^ metc l e >i s then feummed off and caft away. times. Towards which their defired fpeedy downfall,it f Magna thefemy unworthy labours fhall through Godsblef- zyTbeVe- ^ n g on >and thy prayers for them, contribute any alTi- < it ion of fiance, for the eafe, releife or comfort of Gods poore fight. 1, people, * whs are every 'boh ere moll 'boron? fully, without, other Sta- J e,t * ngainfi all Law and reafonopprefied, and ca [tout turn in Ra. of their benefices, freeholds, pojfefiions, imprisoned, fined, frtf CC ~‘ e * COfn 'nwicatedfilenced,fuftnded, vilified,trufbei, and troden under feet by their intolerable tyrannic, might and unbounded extravagant poster, I fhall neither repent me of u— • 9 of the penning, nor thou thy felfe of the reading of it, wherefore here humbly proftratiDgit to thy impar¬ tial! Cenfure, and commending it to the blefling of that omnipotent God, who to fhew the infinitenes of his wifedome and power, doth oft times K cheofe^ jCor , the foolifh things of the world to confound the wife , the 17'2%?' i 'tocake things of the Vr or Id to confound the things that are 2 ?' mighty, and hafe things of the^crld , and things that are dcj]>ijed , yea and things that are not , to bring to nought is things that are , that no fh[h Jheuld glory in his prejence. 1 I ihall take my leave of thee till fbme further occa» l fion. t « ' ' V - ( Farew ell,and pray for me, i f « B To i : • li IO To the Right Reverend Fathers in God William Lord Archbifhop of Canter¬ bury : And Richard .Lord Archbifhop of Yorkes, Primates and Metropolitanes of all England. *In Mafler Thomas Brewers , DoEhrBaft- weekesy and T Lords , I have fundry times heard both of you joyntly and feverally pro- . telling even in open Court, not onely ^ in the * Htgh.CommijPton, (-but-in D'i Laytons and two other cafes lince) w f urM , St arch amber to, (whether ferioufly or fundry other vauntingly onely let the event determine ; ) That if you cafes. could not proove your Epifcopall lurifdiciion andfitnllion which you now cUime and exercife over other Miniflers, and your felves as you are ftifhops to be fupcrior in power, dignity and degree to other Miniflers lure Divino ( ado- tJ n pMrt ^ rme which a Vatricke Adamfon Archbifhop of S. An. aj Adam- drewes in Scotland,p'tblikely recanted in the Synod of Fife foniPalino* Anno i j 9 i. as directly repugnant to, and having no jf/i^ e Q f oun daeion at all in (he word of God ; ) you 'toottld forth- ' with cafla'Oo ay your Rochets of your baches , lay doSvne yottr Bifhoprickesat his Mtjeslies feet, and not continue Rifhops ~ m --———-— 11 one bovver longer. What your Lordfhips have fo oft averred and publikely prornifed before many wit- ! neflfes, (I hope bona fide , becaufe judicially in full | Court upon goodadvife, not rafhly on forae fodainc | fitt of choler,) I fhall make bold, to challenge you to t make good without more delay j either by giving a \ lolid fatisfa&orie fpeedy anfwere to this fhort treatife (confifting onely of 2. Jpuefiions, which you may de- r, vide between you, andfo fpeedily reply to, if your great b fecular occafions , not jour praying and c fie - I quentpreaching , which are oneij truly Epic 0pad , though b See Ma _ l{ . you deeme them overmeane Employment for Arch-/to Tyn- oilhops interrupt you not :) which manifefts all that Jits Eivinum which hitherto both or either your Lord- c iJji un {hips have pretended for your hpilcopalities to be but man.The a meere ablurd ridiculous faction, having not the lealt p r y a ^y e 0 y | fhadow of Scripture to fupport it • or in cafe you either p of ijh J t cannot or faile to give fuch an Anfwer to it in conve- Prelates. '■ nient time by pulling off your Rochets and refing- ® II ning up your Archbiihoprikes ( which without all 71^.4.1. >• queftion are but a meere humaine, and no divine In- ^ u p ** <■ ititution, as I have evidenced: ) into his Majefties f 2 ^' i hands, d fiom whom you date not deny you onely andd 31. a 8. r wholly received them , with all your Epifcopall jurifdiciion C ^ 9 C \ 7 7 ^ f and Authority thereunto annexed, whereby you difference Etc , ‘ your felves from, or advance your felves above your all the b*. I FeUow-Minifters as their fupreme Lords, unleffe yoiJ// will fplit your felves againft the hard rocke of a Prae- their confer : munire, and the Statutes of: 26. H.8. c.1.31. H. 8. ~ c. p. 1 o. 37* H» c. 17.1 • Ed. 6 . c„ 2. 1. Eliz. c. 1. 5 • d^p»rL- ? Eliz. c. 1. 8. Eliz. c. 1. which Ads as they will in- B a fome 12 forme yourLord'(hips,tiotwith (landing all your former vaunts and brags of divine right. That the Arcbbijhops , Pifhopi, Arch-deacons and other Eccleftafiicall perfens of thisRealme, HAVE NO M A 2 \£ E R OF JVRdSDICTIOT^ ECC L ES l AST 1 C ALL BVT BE, ENDER AND FROM THE KINGS ROT ALL CMAjESTT; to whom by herlj Scripture ALL AV THOR ITT AN D POWER IS WHOLE GIVEN, toheareand determine all maner caufes Ecclefiafticall, and to correct 'vice and firm e whatfoever 9 and to all ftich perfons as his VpLTor^. ff 3 * 11 W™* thereunto : That all autho -- Bifbopn, t'tty and lurifdtcltonJpirituall and temporall u derived and iVn’ dedudied fi om the Km Z s *Wb*jeJty, a* fupreme head of the cbllcei Church and Realme of England, andfo juflly acknowled- lours, Vicar gedby the Cleargy thereof : That ail Courts Ecclefiajlicd Commitja- tk Rtdm ***» ( 3nd n °W OUght tO be ries or of- though they are not) kept by no other power or authority dais unkjfc either forraigne or within the Realme, but by the authori- llftZl V °f hh mo ficlient Majefy onely • and that by vertueof V stent give fime Jpeciall commijfion tr letters Patents under his Ma- ^ leS ° reat Sede ’ and in hh name and right alone : That ixprefC ail P orvsr ofVifrtation of,the Fcclefiajlkafl State and Per fans word}, as (much more then ofourV niverfitiesexempt from Archie- mes S evt P if c°pall & Epifcopall lurifdi&ion)* united and annexed dcncc and 44 A t'oyall prerogative to the Kings Impertall CroVene and to he executed by none but by Patent under him ; And that Edward a f ottr C ^ at ions, proccffe, Excommunications, Probates of the 6 . Wils, Commiffians of Adminijlration &c. outfit to he made one] y in h h Majeflies name, and fealed with hu feale (as they 'Were in King Henry the S\ and King Edwards dayes, wit- % X J witneflethe Bit'll ops Regifters,Proces and Probates of wils in their two raignes , and now are in yonr High - fommifsion ) that the Courts and precede migth be t known to be hit Majejlks by leaving hit Image, Jhle and fuperfcription in graven on them , and to 21 ! Sir be derived unto you, not by any divine right, but by l ° hn Dam his Princely grace alone, who hath as ahjolute an £ccle- faficall lurifdittion 3 as any of hie royall progenitors enjoyed, p. 9 7. 98, both by the Lams of God and a of the Realme : So ^ 26 j H f they will inforce your Lordfhips to acknow- h%\c. ¥7. ledge, ( unlefle you will renounce your Alegiance to l E - 6c - 2 * your mold gracious Soveraigne, whofe meere grace ‘ hath advanced you to what you now are,) that all your c. 1. s)’ Epifcopall IurifdiCtion,whereby you are diftinguilhed Ell $- C - I * from, or elevated above any ordinary Pref byters and cafe Zhey Miuifters, is not from any divine Charter or Com- have by million from Chrift, but * onely in , by , fiom } and charaEier under his eMajefty s and fo not Jure Divino , as you ° « 2 r have thus frequently craked and boa (fed to the worlds Ma - lo as you muff either now forthwith renounce your Bilhoprikes according to your Proteftations, or elfe be which all guilty of breach of promile ; unlefle you can proove them you enjoy them onely by a divine right, and yet onely Zd fiZZ in, by, from, and under his Majefty , which is a mcere contradiction. a/arpew m his Ma- jejlies Crowne and EccJefiaJlicall Prerogative in Reefing Conjijlories , Vifitattons , and Exer^ cifing Epifcopall lunfdittm in their otvne names , tcitffany Patent or Cmmifsioh fromthe King . A m t If your Lords to maintaine your divine pretended Epifcopall Iiirifdi&ion fhall flie to f> Doflor John no sZth. Pockhngton for ayd (who tyfLjffiO 0 ” Dome ft“k p.r & 44 Ghaplawes approbation) hathWSty publifhed in print, 1 See ^nn- That you by Gods mercy to our Church , are able lineally to quit. Eakf. fit downs y^ur Sucttfsion in your Epifcopall dignity, from Brit. Bod- s. Peters Cbaire at Rome , to S. fregory , and fom him, ZU W fiorn ourfirjl Archbifhop S. Augujline { though we had ofBrittanie many d Archbif hops before his cotnming ) our Englifh * n ‘ h A pottle (fo the T’apfs would have him filed ; though tvme’of * Bifhopf leVcelfox.andg others, renounce him)downe- King i u- w ard to his GwSSnmt now fits in his chaire, Primate speedu and Metropolitane of all England, I fhall then delire History, your Lordf hips and this Dodor to proove. Booke 6. c . Firft, thatS. Peter was a Bifhop by divine Infti- 9|*?3 W tution. * Defence of Secondly , that he was Bifbop of Rome ? Ot the Apolog. which this Doctor is fo impatient, that he breakes out S'J' 1 * unto h thefe paffionate words well worthy your Epif- feopie to copall Cenfure : Whereby f their vanity may a?. peare, that upon idle gheffes again/l all antiquity makes ' Divil 24 . fbolts beleeve, thatS. Peter was k never at Rome; mhngtht AEls and monum.f ♦ n Sted l.6.c. o. h P4ge.4$. t See Quell. r.OhjeEl. 6. Anfimi’ t0 A 2 °oh ofolr /earned writers, who have affirmed, that Peter was * r j rr L l. J D thereupon fuchgrounds as this Dotior cannot anfwere /<. EftphamiU.Cm . lefeBtJhop * . £ 7 _ £ 0 /. 88 - 89 . Eujebm F.cclef. Htil. 1. Haveles. *• . _ TUChovs of Ro$ne at once , j. c. 21 . IrtnxM. /• j - . . H<£Y 2 7 . COl. do-OQ’? Hatrefes. 1. V --- "W-Archbiibops of Canterbury ; Richard Beaueyes, "and WilliamdefamftaMariaBilhopsof London lohn “ . . « ... 1 RifhnriQ nr Lltl- „ ana w nuam uc lanua r— -- • « BokingRara , and Philip Ripingdon, Bifaops of Lin- "colnef Richard Peche , and'Rdger.de Wefeham " Biihops of Coventre , and Liehfeild . Herman Biihop of Sherborne , Shaxton Biihop ot Sabifbary, .»«" William WarSeft, loWfVoyfy , add Miles Coverdale utments “( w h Q being deprived in Queene Maries time, cared i«2 7 3. «not to returne to his Bilhoprike in Q.^ eer [ e E za- beths, fetling himfelte in London and there leading a 7 n i'\ « private life as an ordinary Mmifter) Biihops ot Ett- foreKing private f __ ;L,i uwh r.atimer, Edvard, “ ter ter lohn Carpenter and Matter Hugh Latimer, Bifhops of Worcefter (the later of whom * fhippg # For joy when hee had caft offhis Rochet , for thathee was eafed of fo heavy a burthen , and blelfed God that ,, he had given him grace to make himfelfe a Quondam •• Bifhop ; ) Ralfe de Maydeftan Bifhop of Hereford. ” Putta , Quickhelmus , and Haymo Bifhops of Ro- „ chefter,(the firft of them becoming a Schoolemafter, « (pent the refidue of his dayes in that kinde of life, and ” could never abid6 to heare of returning to his Bifhop- „ rikej) Dubricius Bifhop of Carleon, Sulghein Bifhop »» 3 ofS. Davids, Iohn Hunden, Bifhop ofLandaffe, Ca- ” ducauus Bifhop of Bangor, Elguenfis Bifhop cf S. »> Aflaph, Colman, S. Cutbbert, Egelric and Nicholas de Farnham Bifhops of Lindesfarne. and Durham, “ si (the later of whom firft of all twife re?Seel and then » at laft refigned his Bifhoprike out of confidence )” Paulinus de Leedes ( who peremptorily refufed out ” n of confidence to accept the Bifhoprike of Carlile *» t though thereunto elected, and earneftly intreated by ” J) Ring Henry the fecond to accept the place, who offert ” i him 3 oo. Markes yearly revenue for the increafe» t of his living there , as did Sylvefter de Everdon for a ” i time to, ) Walter Mafcletke Bifhop of Carlile;” 'i Cedda, Coena alias Albert Athelwold , Thurftan, » }j: William Wickwane Archbifhops of Yorke , who all” f voluntarily , ( moft out of confcience , feme out of„ choller , others for their eafe , fome for their age, ” others for other caufes, belt knowen to themfelves ) ” refigned both thefe their Archbifhops and Bifhop. » rikes, being fb many domefticke prefidents to your ” Lordfbips ( 'tobohave longfnee given over the m&tne part t of your EptfcopaUfun ft ion preaching ,) noty to doe the like i \ C 2 acc&r- 2 0 accoriingto your joint and fevera'l Prompts , in cafe you. 8 E $e in' ctnn9t pfoove your pi.rcbiepifcopi!lini Epifcoptll turifdi- Tit. i. Phil.ciions [are divino , ini give a fxtisfxclory k.nf'toer to i ■& i. thefefewpipers, 'tnkicb Iprefitm;youcxnnever doe i fwct u 1 nBph. , Rom i «^ oret » Hayrao , Beda, Rabanus Maurus, Theophi* in Phil, “lad, Mailer Iohn Fox , Mailer Alexander Novell, 2.C.J. b De divintsiffioM 1.2. c f 6. c In 23. r. Tim j .Phil. 1.1 .Trt. 1,5.7 ' d DijiinH,$o.<)y.CtuJh,z,QU'.7. e Dxretal.pan f.cy'dyg./l. 107. 143.144.. f Sent.ly,Dishnd,zy. g Phil. 1.Tit. t,& 1. Tim. 3. h Amalariut Fortumtw de EetltJ, ojji;t's.l,Z.C, 13 .Bxfilm Min c.j, Oral. 9,1315'. Do&or Dodor Whitaker, Dodor Humfry, Dodor Wilier, Dodor Agray, Dodor Taylor , Dodor Ames, Dodor Raynolds, Dodor Fulke, and others in * their authorized writings printed here in England cum pri- vilegio, and publike allowance, with the forecited fta- tutes of our Realtne , and all the Bif hops Patents in the Raigne of King Edward the 6 . in exprefte termes, conclude your Archiepifcopall, and Epilcopail Iuris- didionto, over other Minifters, to be a raeere hu- maine invention long after the Apoftles time, to pre¬ vent, ( or rather os the event hath ever ftncc prooved, to engender,foment,Croccafton)a\\ fchifmes fadions, errors and diforders in the Church^when as kChrift himfelfe and 1 his Apoftles fmce, ordained a Parity, an equali. ty both among his Apoftles and Minifters, and ever in- ftituted many Bif hops , elders over every particular Church, but never any one Bif hop or Minifter over many, asthebeft meanestopreferve unity and roote out finnes, occalioned onelyby the pride, ambitions couvetoufnefle, power, and Tyranny of domineering Prelates. Thin cravingpardon for my boldnejfe in pref¬ fing your Lord fhips, like two honeilplains dealing men , e 0 make good your words , that fo we may once againe become felloe-brethren, andwalke hand in hand together like e- qualswithout that infinite Lordly di fiance, fnhich ts now bet 'been us. I take my leave and reft Tour Lordfhipsfatthfull Monitor A. B. C- „ * Quoted „ by Gerfo- „nitu Buce- „rwfthePe- „ tition to „ Queen E ~ „li\abeth, ,> Mafter „ Parker,& tj Doftor yj BaJhveekf y) Bookcs. Matth, „ 20,20,to „ 2 q,M arc. „ 48, Lu. »22,2l,t0 „28. J.i.Pety, ,,t ,to 6, „ ABt. 14, 3 a , 2o, „ I7> 28 , „Tit.t, y, „ 7 . 1 . Tim. 3 ,&c.c. f, 1 7 > c - 4 > 1 4 > lam. f, 14, rn See Bp. letvels De¬ fence of the Apologie. part. 2 , c. Divif, f, an excellent place for this ■ purpofe. G 3 A. A briefe Exhortation to the Archbi- {hops and Bifhops of England in relpedt of the preient Peftb lence. a Bifhoj) Whites Title to his Treatife of theSabbath- day. h Math. Y Lords, (for fo you flile <* yourfeIves , and will be intiteledby all men, notwithftanding the b Lords oxvne inhibition to the contrary ,) the P ro- phetlfay.c. 2tf. p. hath informed rae ; that when (jods Judgements are on tht 23,8,9, earthy the inhabitants of the world will learne righteoujhts: io,ii,c. and who knowes, whither your Lordfhips, (asproper- l Y inhabitants, if not fervants and louers to, of the world, V>3> as any of what ever profeffion, though you c fhould not ° '’'list 2 ’ ^ 1 ma Y not now in t ^ me P e ftil ence j wh en Lin. 17r Gods Judgements are everywhere fo rife among us, 14,1 f ,1 6, learne rigbteoufnefe as well as others , (if you thinke not ^‘2 Tun Y our felves to wife to learne , to old to be inftrudted,) 4^ro’ m if any man will but take the paines to teach you. Hearken therefore , I befeech you , as you ten¬ der , either the prelervation of your lives in this time of mortality, orthefalvationof your foules in t -—.—.— 23 - in the great day ofludgement ; or the lives and foules of his Majefties Subjeds, committed to your paftorall charge , to a fhort ledure, (no wayes overburthen lome to your memories,) which I fball here read unto you for your good, if you pleafe either fo to interpret it, orcome with a fincere confcience for to heareit. It may be that in regard of your facred Epifcopall Or¬ der , you conceit your felves altogether plague-free, and as wholly exempt from divine , as you now ftrive to be from temporall Iurifdidion- (which makes you neither to dread the plague, which hath feifed upon *t beodofm * fundry Kings and laid them in the dujl ,) nor as yet any way to endeavour by faffing and prayer, to prevent ei- and fundry therit, or that famine likely to accompanie it. But to K>ngs M inftrud you, how you are ftill but men, (and fo expo- M ' led to all thole mortall licknelfes which continually (whom? la- aflault the crazy fortrelfes of our d earthly Tabernacles , in *be Non obftante , your Rochets, Miters, Crofiers, and all f on y m n- other your Epifcopall harnefle, ) give me leave in a nus records , word or two to acquaint you That f Pelagim the fe- cond{ though a Pope andftifbop of Rome) notwithftan- Plague at ding his Pontificall Robes, Exorcifmes, Pompe and Rome) with Charmes, both feifed upon and devoured of this im• f- e f 0 j t f je . parti all dijeafe, Anno Bom. z^Tlatina , Omphrm y pugue. Anaflatius, Stella , FafciculusTemporum , B aUtcs , If it- **<*££• prandiu-s, yitelius , and others teftiiy in his life : which yfostmin- Plague ( as e Petrus Blefenfts Archide aeon of Bath , re- Her. An, cords,) fent by God as a jufl judgement upon the Ro- ££>?• mans and Italians , for giving them felves to drifting, e Sermo fea fling, D AV NCJ NG efforts and Paflimesyven on Ea- 20 .in Jter day , and other following Holy-d ayes , after their parti- s ~ dpation 24 citation of the bhjfcd Sacrament of drifts body and bleed {many of them being ccnfi.mcd ard dyngef the plague in the very m'tdjl oftheirforts , mirth,alts ar.dpajhnesj and on this Pope himfelfefor not refraining them Jr im this f ro. pbanes. A prelident which fhouldmake your Lord, fhips feare and tremble, this prefent Plague beginning here on Pafterweeke laft, as that Plague then did • no doubt for the feirefame prophanation of Gods owne day and Sacraments, with thofe abuies, iports, finnes paftimes for which they then were plagued-which your * CenU Lordfhips, have not onely, not reltrained , but coun- Magd. 6. tenanced, patronized, and propagated all you could, md.’ll’/, this 1 > 0 P e going not fofarre , cminus BifhopofAvcr- Cmi io.’ nium, Cato his Succeifor in the fame See, Rupertus Col. ? 75 - Rif hop ofTriers, Hermannus Bifhop of Ver dunum , Rainold 0T1474. B if hop of Colon, Conrade Bif hop of Attgufa , Walricus ibid 1466. Bifftop pf Spiers , Rugger us BtJ hop of Herbipolu and Sig- nfd lfS'd^ ius of the fame, Eberhardus Bit hop of Ratisbcn . Gericn cm. iz^ftifeop of Halberft at-.all died ofthe plague. * In the treat 1492; Plagued at happened in the Emperor FrederikeBarbareJJk Vol. it? I ' armi€ ™ ItaL Js man ) Germane?relates and Come German col. 1 3*. P rinees Dibich came with him died of the Peflilence;neither * Gnmthns their confecration, nor their fundion being any anti. £fXJT ? . dotea g ainft this dl ^ afe - in the great / Councell of 490. Baftl. Anno 143 r . ( to name no more forraigne ex- f f°* AEIs amples } Lodovicus Patriarke of Aquileia , the Bifhops of ^dUom, Ebron , Lubgc {^ conBance, and others, died of the Plague-, 532. c ALneasSilvtus himfelfe [afterwards Pope ) being there fricken Voith tbts dfeafe,whereof bee lay three dayes togc- ther at the point of death,all men defairing of his life , but yet by Gods hej e efcaped. If any of your Lordfnips fhrfuld - 2 5 fhould thinke thefe forraigne Prefidcnts proove not, . that any Englilh Prelates are obnoxious to the felfe- catalogue"’/ famedueafe; to rectify this miftake, I fhall prelent you Engkjb with fomedomefticke examples , worthy your raoft feriousconfideration. g Ann. Pom. the 2 tm - being fo over-much taken up with * Jecular imploy- maffjpiri. twin cxer • citij djpendu patieris. Quid tibi ad Fifcales rcdditm , at, vel horula brevi cur am poft-- haleas animarum ? Nunquid cbrijhu te ad Te Ionium e legit} Matthaus Jewel indefumt tus, , denuo ad ipfum non rediit. btonfis ergo in ttirba eorum qui fecularia Jpntuahbus me[onunt,glutietttes Cam him, culkem hquantes t &c. Petnu Blejcnfis De lnjlit .Epifc, TraRatm. D ments merits,not compatible withyourfirituallfunctions,) &that you though Bif hops are lubjedt to this difeafe, this Broke of God as well as others, as thele your Prede. ceflbrs:& therfore fhouid now at length,alter fo many weekes delay , endeavour to appeafe Gods wrath and ceafe this plague begun among us, (which every day Ipreads it lelte more and more) by publike falling; prayer, preaching and humiliation the remedy, not one- mWum*6 ly m preferred in Scripture by God himfelfe , but like- 2y. 6 . loci, wife by the whole Church and State of England in the m I - I 4 - lajl great plagues both in i. lacobi , and in the fr/l year of if'll.' 12 ' our prefent Soveraignes raigne , -as the fevtrall Beo/.es of 1 fay 22.12. common prayer and order offajltng, thenpubhj bed by theft *3 1 4 - noble princes feci all commaund , yet tellifie on record: ™ } ' 2 ' 1 both ofthtfe bookes joyntly confefing arid he way ling } that among other finnes occajioning thefe t'too dreadfull man - eating I’ejls, this was not the leaft ; That the f S A B- BATH DAT , 'to as not kept holy, hut prophaneds and therfore no 'toonder that thefe plagues hreakein upon tu.h nd may not your Lordlhips and the whole Kingdome juftly feare, that this very Sinne of Sabbath-breaking, and prophaning Gods owne lacred day by fports, WAKES, MAYGAMES, DAVNCING, drunkennefle, chambering, wantonnelfe, idlenefle, travelling , unneceflary labor and the like , which dreto on thefe two former plagues upon us , hath been one maine caule of this prelent Peft, which beginnes thus fZyeri and frefhly todeftroyus ? It being molt apparant to our againjl d f- fhame, (and 1 feare to all our linart) that the Lords- °and willful! day Sabbath, (forfo our owne 4 Homilies ten times filed Rebellion it before the Troubles of Frankfort , Anno i s f4- ^ en f*rt. 3. " * peeler 2. + So the Eookc of I.* Ucobi. Stiles u. t Of the time and place of f 7 * DoBor Pocklington, or DoBor Boundes B coke Amo isps. * Smiiy no ^hen q DoBor Heylynfables tbit the Lords day tons firtt Sabbath f. anabaptized a Sabbath day and tyri/lned toith this name by fomejemfh God father , to overt brotoe the Ltturgte and sMati , di ftp line of the Church of England, who yet gave it this p**. 2. c.8. Title long before thefe ignorant Dodors dreame, both in her Homilies and approoved writers workes,) hath of late beene more generally, publikely, auda- cioufly prophaned in moft places of the Realme by the fore named Paftimes, abufes and diforders, then before thole two fweeping plagues, not onely in point of pradife, which is ill ; but even in point of Dodrine, which is worfejtnany late authorized t Hi fortes Trea- t ,Biffoy , tifes and Difourfes of the Sabbath 5 not fearing publikely ™f Hey _ tomaintaine the Latofudnejfe of daunting , momjes, lyn>DoStor mayoames,dedication Feaftes,paftimes, flrts and ordinary labor even in Gods oVene day, a* the Bohrine of the (, jure ^rimrop, of England when as acute Mafterlohn Sprint, in his pro- Cbrijiopher Pfnfor lbt Chrijlitn SMatb d V , printed h tkcnft London, 1 6 o 7. p-4- (newly reprinted) and learned mi others _ DoBor John White in his * way to the true Church, s. ysdt.tf-n. times printed by Authority (yea fett forth>and defended 9 ££££ DoBor Francis White now Bifhop of Ely,) exprelly brand Setl ^ m it not onely scs a Vopifh andHeathcnifh praBife , but Ilk*- 6 y. i6f. "totfe as a point ofTopifh religion, which direBly tends to the maintenance of open fmne and liberty of life, and ex- prefiy allowes moBpalpable toickednefje, direBly tending to the deflation ofpubhke government and private honefty; btinv that which hath made the Papifts the moft notorious tum Prxce .: Sabbath-hreakers that live, * Zanchm ,and\ Mufeu-pum.^ htsalfo branding this very DoBnne of liberty they now teach ^ and thepraclifeoffsetsTepifh andall theBrfhpi,Qar. <7, > Commons , and Parliament of England in V* lnjlkiiticn ofaCh'fiJlidn fHAH ,d?i(i A i ^ j '* «.*****. IS trillV e!uSZ [ uch ; This grotre prophanatlon therefore’of the &c.‘ Expo- Tords day both in Dodtrine and pradtife , y aggrava- jition an they’d with the Ute fujpending filencing ., excomunicattng pur - y 2 .-chon. Mrnedjawfttll,godlyconfctonableAitniftrsfothagainjl 3 <5 .i >. 16, all the Rules of Canon Law, Common LaV? } Statute La^ 4 Muenceyeafo,njiety,charity juftice,and the I'refidems 16. of all former ages, meerly for refufing out of con- fcience upon their Kpifcopall Mandates, to have any hand or finger in adbng, in proclaiming any thins which might animate their people tothispeftiferous linne, (punifhed within theie three yeares with many %SeeA Di~ memorable t particular judgements of God imme- Ti e J; ge ' d,ateJ y executed from heaven-) hath no doubt fo fame ailed . provoked our moft gracious God , that now he can 20,9. hold K off his hands no longer fiom fmitingus , with his dreadfull Judgements, which fome of us have allready felt,and moft of us now feare .* who cjueftionlelle will never take oil his Pefts and Judgements from us till your Lordihips fhall take oifyour moll unjuft Sufpenhons and cenfures from thoie who have thus fuifered in Ins quarrell, and all of us repented of this our crying finneof prophaning Gods owne facred day, both in point of Dodlrme and pra&ife : Au abhomi- nation lonatmmnc tt in two fc~ J\ivg aon/y irjc j . nu raigne , verall bookes } us meerly lew rhofe Novell Doll or s who the fir, cl fa nclifcation of the Lords day by abfiiMnce from daunting , forts and P#/times^ ludai2 /W-when as - rhtnr t-h^r ± — * I 1 t "... ^— W — - 2P nation never more rife in any then this our prefent age,byreafon ofiyour Lord (hips patronizing propa¬ gating and defending of it,in fuch a publike, fhameles, violent maner,as no former age can ever paralell, to Gods dishonor , your owne eternall infamie, and the fitting of your felves, and this whole Kingdome for thofe publike judgements, (not oneiy of a late extra¬ ordinary cold winter , and two fuccefiive drie fum- mers, which threaten a famine of bread to recoin- pence that a Famine of Gods word that you have lately <* rims. 8, caufed.toomitt all other miferies which we fuffer,) but IIf hkewifeof that plague which is now difperled: In the pulling downe whereof, as your Lordihips have had, nodoubt.a deeper hand then others,lo you have great caufetofeare, you {hall feele the irrefiftable morti- ferous ftroke thereof, as much, or more then others. ThePlague , you well know, is Gods o'tone drrcrv Tfal. pi. 5. ttko crdaineth his arr o'Wes a gain ft the Ferfecutors. Pfai. 7. 13. And are not feme at leaft of your Lord- {hipsfuch. It is Godsoivne hand , 2. Sam. 24.14.15. Ur. 21.6. Wow Gods handfballfnde out alibis Enemies, hisright handfhall fnde out thofe that hate him } ffal. 21. 8. And are not many of your Lordfhips in that num- i ber ? It is, uamin ipfts Epifcoporum aulis, ' then inBifhops ome Pall aces, where neither Lord, nor Chaplaine, nor fervant, make any great confcience of prophaningit fundrie wayes , to give the better ex¬ ample of piety and holinefle unto others. How then ("being heavy laden with thefe many finnes , and ha- ving the prayers, the cries, the clamours, the teares, the fighes and groanes of all Gods people againft you, if not of the whole Kingdome to , the dayly impreca¬ tions of many diftrefled Minifters, people, whom you have molt injurioufly and inhumanely handled with- out any lawfull caule,) can you but feare Gods ven. geance and expedt his plagues, to fweepe fuch Clods of linne and milchiefe , luch Pefts aud Prodigies as v AnmdtH you are, cleane away ? d BeVeife now therefore 0 yu Prelaw es. Kings, (for fuch are you now become by giving ab. n°ibiljprelato^° l ute Lawes, and prelcribing what Ceremonies, Ar- commune ejl tides, Rices, Oathes and Novelties you pleafe, even VetmBk m Y om owne names and rights alone s unto his Ma- fw/^.Tr^ajefties people, and executing all Lordly, Kingly So- de injlitut. veraignity and Dominion over * mens bodies , and mmifiml e ft ates M we ^ M f ot *des , contrary to your Saviours exprejfe menfi Inhibition .Math . 20.25.2 6 .) be learned 0 yee Judges of 4 kms. the earth: (for fuch are you now in many temporall / . Courts, -- 3* Courts, and would be gladly fuch in more, in fteed of being preaching Bifhops in our Pulpits and Pallors of mens foules: Serve the Lord in fare (for that is in truth your duty, not to be Lords your felves, or reverenced and ferved with feare as Lords are wont to be : ) and rejojce unto him (not with Organes, Chorifters, Pipes, and Daunces, but) with trembling kjfje the fonne (whom you have hitherto buffeted t perfected in his faithfully Aff ^ c Minijlers and Servants ) leaf he be angry, and ye perifh f , in the 'fyay , even noS*> when his Strath is kjnded but a litle, aud his plagues but newly kinded leaft ifye refufe to turne from all your former finnes and wickedneffes, hee begin at laft to bruifeyou Veith this his rod of iron, and dafhyouinpeeceslike a rotters vejfeligand there be * none * p to deliver you from this bis raging fury. Remember \g Nahum. befeech you that ofthe Prophet Nahum g Godisjea-ftje lorn, and the Lord revengetb , the Lordrevengeth ,andis x jft ' furiousi the Lord will take vengeance on his adverfaries, and he referveth "Wrath for his enemies. And though he hath a long time h fujfredyou with much patience [as he doth other veftels of Wrathjilted to deftruffionft to Ipoyle, oppreffe and deale treachercully with his people ; yet confider now,that the times are drawing neare where-^ jr ^ . in you may be recompenced with the like ufage; asi ,'Vahu the Prophet lfai threatens, t Llo to t hcct hat ftoy left andfftftjjfft thou that waft not (joyled, and dealef treachaouftly and r ftft they dealt not treacheroufty -With thee : When thou fhaftfrafide* ceafeto ftoyle, thou j halt be ft oy led , and when then J halt make an end to deale treacheroufty , they fhall deale MUt Epi j: treacheroufty with thee. Wherefore my Lords breakecmTraiht. of your finnes and fmnfull proceedings by fincere and ‘ timely m t- ABs 20. timely repentance , and of Lyons, Bear as, + Wolves, 29. Fr?. Thieves , and Robbers, (which many Bjithops have terllpifiopos degenerated into) become * Lambcsand Shephurds ahqutm in- to Gods people ; and now at laft , m as the Elect of god , Ve ^muJ U fii£ ^°h an ^ beloved, put on bowels of mercies ,kindnefie, framtiowi humblenrjfeof mindeymeeknefy Jong fu/fbring, forbearing tatefitfa&M and.lett the peace of God rule in your hearts to which you are terms alt- a f° called in one body-,and let the word of God dfrell richly ,»/and Luk^ho were heft ted with him, and make frequent mention ot lnm» him a Bifhop , neither is hee termed ■aBifhopm any text ot Saiptnre. in his Epiftks to him, cals him, *-«- h 2i ^ '6 Sonne in the faith: i. Tim. i. 2, A good INIS T E R ( not a B till op) af feffts fihrijf. i. Tim. 4. < 5 . His dearly fa. loved Sonne. 2.. Tim. I. 2. A good Soldier afje(Us Chriil.e, Tim, 2. 3. A workeman that needeth not to be aflramed, rightly dividing the word of God , z.Titn. 2. x j. Ih bis other Epiftles, hee tearmes him ,Oar Brother Timothy ,Col. 1. 1. x.Thef 1.1. x.Thefj, 2. 6 , Phil. 2,i2*H£bt.x3.. 23.1, Ht*fellcLW-werkjmaH.Rom.i6, 2i. His Brother and beloved Sonne, 1. Cor. 4. 17. 2. Cor.i, xp. Col. 1. r. Aworkeman of the Lord, 1. Cor.i£, 10. A fervant offefus Chris!, Phil, r, 1. butnever a Bifhop. S. £«'^eterme$ him Patties Companion , Mimfter, attendant, andfellove-wtrktt cnely, A 9 > 10, and by the i. Tim 4 6. ,0 .,,, 1 ’gfcj, it is not probable, ihat Paul would conftitute Timothy a P Bucerum casian Bil hop of all Ephefus, yea the very firft Bifhop of that Dl jj ertat De famous See, being but a youth, fo foone as hee had ordained him g uber. Ec- to beaMinifter : and before hee knew how to behave himfelfe, ckfia. jp. in the houfe and Church of Cjod , which then hee did not, i,Tim. 3, if. 1 . ^ [foone as Paul returned againe from Macedonia to t Ephefus, hee fen t Timothy into slchaja, himfelfe faying at Ephe- fs in si fid for a feafon. Ads. 19, 22 , to 40 , and from thence re- I; turned into Macedonia ; and through it into Slfta , accompanied with Timoiheus, andorhers : Ads. 2,0, 1, to 7, after which wee never read that Timothy writ , came or returned to Ephefus. Now if Timothy had beene Bifhop of Ephefus, it is not pro- j bable that Paul upon his returne from Macedonia, would, have fenthm fxomSphefiu into Mastdoma,to (forint h, ?hihppi,& other Churches there did Adsi 9 ,22,0.20,4,y,xCor.i4.i75 2 Cor. F 2 iji?. i, 19. Phi!. 2, rp. i, Thef. 3, r, 2. c. 16, 10, and that hee accordingly preached Iefm ChrtSl the Sonne of God among them, 2, Cor. 1,19, That hee likewife fent him to the Church of Th fialomca , to ejktbljh and com forth them, concerning their faith, 1, Theff. 3,1,2, 3, 4. and after that to Philippi from Rome, that hee might know the Sate of the Philip plans, hee having no man life minded, who would (a na¬ turally care for their jhtc as Timothy. Phil. 2, 19, 20. But wee tiever read that Paul fent him to Ephefus either to comfort, ex¬ hort , confirme, inftrudthem , orto know their State after his firft departure thence ; which he would cjueftionlefle have done, had hee beene their Bifhop, rather then thus have imployed him to ot’er Churches. Timothy therefore was rather Bifhop ofthefe Cities and Churches then of Ephefus. 6, As Timothy was fent by Paul to the Churches of Co. rinth , Philippi, and Theffalontca , fo heejoynes with Paulin his Epiftles written to thofe Churches, diretted to th, m m both their names : witnefle 2, Cor. 1, 1, Phil, r, r . I} Thef. 1, r, 2, Thef. 1, r, in which Epiftles Taul makesfrequent of'Timothy ; witnefTe i,Cor. 4, 17, c. ift at Ephefm before Pi- mot hy, and AJolios ^ ho t / tc e. may with grea¬ ter reafon be ftiled , tl efiift BiihcpsofFpl e'us,ihenT imothy; whom Paul in treated 10 fay there on ly at bis la(t going D?Ser- into Mac idonia : A&i.20,1.0a f me St accord. L elides, mt. Fed f v e ready hat Pau at hit fee ona ccmmtng to Fphefus,before p-) c<< tl fl ue 7 imothy was conftiaiteci Bil fop thereof, fnutrg ccrtaine / ’DijCt pits there , a I cut 12. in number , ho were cnely 2 c. 10. baptjed into tht battifn.e ef hkrtyndkadtict rcoiiTcdfie Col.626. Holy 6 kef ftnee thtj beLtvid , b apt if d them in the name of the Lora hjm , and when hei b>.d laid hi hands upon them, the Holy Chef tame on them , and they Jpakcwith tongues, ah-dprophecied: A <5ts. ip, 1. to 1 8. Whiih 12. abiding at Ephefm, as is rcoft probable,by Ads. 20, ; 7,28,29, to rule and inftrud the Louis fitocke in that Citty 5 may more a properly a I properly be termed,the firft Bifhops of the Ephefians, then Ti¬ mothy , who as hee was not the firft , ft muchleffe was hee the [ole Bifhop of that See j as is infallibly evidently Ads. 20.4, y, if, 1 7, 18, 28, 29. Where wee read, that, Paul returning through tJUacedonia in to A fa, to got to Icrufelemyo the Feaft of Tentecoft, there accompanied him Cjajus ef Derbe,and Timotheus] with others: ( where Timothy^reckoned to be of Derbe , not Ephefus ) All thefi going before tolroas accompanied Paul to Mi~ \ let us ; who from thence ftnt to Ephefus , and called to him the El¬ ders of that; Church to «* 5 W iletut. And when they were come thi- 11; ther , hee faid unto them. Tee know from the firfl day that I same into A fa, after what maner I have bet ne with you at,, all fiafons&c . Take heed there fire unto yourfelves , and to all the flock, over which the Holy Cjhofl hath made TO V BIS¬ HOPS ( (b the Greeke, yea the Latinc and ancient Eng- 1 lifh Tranflations truly render it ) to fled the Church of Christ, !>J which hee hath purchafed with his owne blood , &c, from if whence it is apparant. 91 i; i s fj i Firft , That the Church of Ephefus at that time , had not one but many Bifhops , and that by the very infhtution of the Holy Ghofl : Therefore T imothy could not be foie Bifhop there, by Pauls institution, in oppofition to the holy Ghoft. Secondly , That thele Bifhops knew from the firft day that ® Paul came into A fa,after what maner he had been with them at all tin (eafinstand therefore, in all likelyhood, were appointed Bifhops of Ephefus at the very firft planting of that Church, before T i- mothy was fetled Bifhop : fb that he was not the firft Bifhop there; but thele rather, before, or as (bone as he. Thirdly , That Timothy was then neither Elder, nor Bifhop of that Church at this time when Paul tooke his farewell of it; hee comming with Tanl out of Macedonia to Miletus , and being none of the Elders and Bifhops fent for, from Ephefus , to G whom fO vthmalontTaul direfledhis sf:ech : who had hee then beetle foie or prime Bi Chop of that See, Paul would not have ftiled the Elders which he lent for, Bifhops of tbit flicks , at leaftwife hee would have made fome (peciall mention of Timothy in this fpeech of his, and given him fome fpeciall inftru&ions forthe inftru&ing and governing of that Church : Or at leaft have ho¬ nored Timothy fo farres as to have made him give this Epifco- pall charge. and inftru&ion to the Elders and Bifhops of his owne proper Church and Dioces, or to have enjoy ned them in lpeciall maner to reverence , honor and yeild him all Canonicall obedience as their fupreame Diocg(an. All which Paul utterly neglects, or forgets to doe ; or particularly to charge Timothy to take heed toor feed thisflocke , hee being oft a Nonrefsdent from it, as I have prooved. Yea, making frch hail to beat v ‘ ' H tent (diem by the ftafl of Pentecoft ,v. 1 6. that hee could not fpare time to goe to Ephefos, hee needed not to haue fent for the Elders afEphefesto Miletus to give them thefe inftrudtions, fitice Timothy their Bifhop was then prefent with him , to whom hee might and would no doubt have imparted them, without further trouble, hasl hee then in truth beene Bifhop of that Church. But this fending for thefe Elders in his haft, and ftilingthem Bijhops ofthatflocke , ctrc'i without any mention at all of Timothy, who was none ofthe Elders fent for to Ephefus, is an infallible evidence , that hee was neitherBifhop , norfirft or foie Bifhop ofthat Citty, Adde wee to this, that vphen ‘Paul exhorted Timothy to abide at Ephefus,there were then in that Cittj Elders, who did both rule well, and labor in the word and doUrine, and fo were worthj double honor , j, Tim. r, 17, ip. Now thefe very Elders, as Paul himfelfl ajflrmes, were, made B I S- H O P S ofthe Church of Ephefue by x the Holy Cjbofl, ASs. 20, tSeeGerjo - t7 -> Therefore Timothy could not be the fir ft , the foie niiuBucerut, Bifhop of the Ephejians as the fhlfe Pojifcript ofthe ficond Spiflle Do Guber, to him, ftiles him. Moreover; it was the lApoflles maner in thofe Ecckf.p, times.to place t many'Bijhops and Elders in every Church, not to 304. conflituteotieMonarchicallBtjhop over many : witne(IeA^» 22, *3> c * 4> c * 20,17,28.0 :. 22, Phil. 1, t. i,Tim. y,i 7 . 1, Pet. y, 1,2,3, 4 . e . 4 : 30 .c.14, 21,18, c. 22, j.Pbil.i, t. ijTim.j' ) » 7 » ijPet. y, t, 2, 3 > rep.4-c.43 Tit. 1, y, 7, lam. j, 14. Hebr, 13,17. Afls. 13,1,2. i.Cor. 44.411**. 3. 14, 2 ?> 3 °> 3 r > 3 2 - i.Thef.y,ia,-ijf, Rom. 16, 3,9,12.^.2. Col. 1,7, c. 4, 9,12,17. which teftify, r6«*f *kw ' Tijhops and Elders both at Ierufalem , Corinth, Philippi , , tCm y n TheJJaloniu , Colofje , Ephefus, yea in all other Churches , »« pbil.i.i. Creteand elfewhere,at one time,by which the Church of god was i.T/f. 1. f. taught and joyntly governed, as by a common (founcell of Bijhops 7 • and Elders, as g Jr mens, h Ignatius, » k. H,e ' f ff e ^lAlimin and l other ancients teftifie. Hence ?7Z Epiphanius & Euftb.tu 'fit.i.f. teftify, that Paul and Peter werejoynt 'Bijhops of Rome at the fame m contra time;& » Tertullian writing of the Church-governors in his age, Harefesl. *. faith; Prafident nobis probatiSeniores,&c.that approovedEldersfnot HareJ. 27. one Diocaelan Bifbop )werePreJidents over every fever all Cunflian yyifl. Congregation', and in his booke deCorona A 1 tlttisfxc affirmes the^ ^ c ^ j, fame. Since therefore the Apoftles themfelves ordained many n Apologia Elders and Bilhops in every Citty and in Ephefustoo, it is nei- contuGintet ther poflible, nor probable, that T imothy alone thould be con-^ 39- ftituted foie Bifhop of Ephefus. Finally it is recorded by 4 Irmens, p Eufebitss, $ Nicephorus r Metraphrajfes, J Hie- fEcc i t HiJl. rente, t (fhytraus, u Baronins, * and many others quoted to/j.c. 23, my hand by Gerfonius 'Bucertts : T>iffertano De qnbcrnatione q Heel. Hijl. Ecclefiss p. 520. to 5 26 . That S. John the beloved Apostle after the Councell held at FJierufalem cAtts. x y. refined to Ephe- ^ ap 0 Bifhop, when Paul writ the firft Epiftle to him, is the Poftfcnpt c Preface to of thefecond Epiflle , which runns thus ; the fecond Epiftle unto ofthe^Sab- ^smothius , ordained the firtt Bifhop of the (fhurch of the Sphe- bath B’fh°P fians, was written from Rome,when Paul was brought before Nere Domham the fecond time. Hence e Bifhop white and others , conclude in hu Timothy to be a Bifhop, tension fit' Wots* edtl* . . .—— n Anfwer. To which I anfwer; Fir ft , that this Pdftfcript . is no Scripture,(& all others as infAf. Perkins workes is prooved ^ at large ) no part of the Epiftle, no Appendix ofS. Paules,butap. 497. ‘ private obfervation, annexed to it, by fome Scribe or other after 498. 499. the Epiftle written without any divine infpiration; as the words themielves demonftrate j The S ECO N C D Sptftle unto Ti~ mot hens ordained thefirft Btfiiop ofthe (fhurch of the Epheftans, wot written from Rome, when Paul was brought before Nero the fecond time. W here obferve; Firft,that this Poftfcript is written not in the name of Paul, but of fome third perfon as the whole frame of it Demonftrates. Secondly , that this Poftfcript is no dire&ion given by Paul to Timothy as the wordsft ^ fecond Epiftle unto Timothetu ordained the firft Bifhop of the Church of the Epheftans, was writ¬ ten &c .) evidence, but a direction of fome Notary or * Com - ¥ Perchance mentator to the Reader,who here fpeakes both of Paul and Ti-V’ e 0 r 0m ' raothy in the third perfon* whmlfind Thirdly , The words WAS W R I T T E Nfaip^^d &c. in the preter imperfeft tenfe, fhewes this poftfcript to be a y eare * after * meere addition offorae Scribe or Expofitor, fome good fpace^”^* after theEpiftle writtenjnot ofPaul himlelfe,at the time when he writt itj all the Poftfcripts of his other Epiftles, appearing mani- feftly not to bee bis, by the fame reafon. Fourthly, It is here called , the fecondEpiftle unto Timo- ihetts, in relation to the firft ; and the firft Epiftle to him, written many yeares before it,is likewife ftiled,in the Poftfript ofit, T he firft to T imothy with reference to the fecond. As therefore the Poftfcript. of the firft Epiftle was certainly added by fome Notary after the fecond Epiftle written, fince it is called the firft in relation to it: fo no doubt the Poftfcript of the fecond Epiftle was annexed to it after the firft Epiftle, and it was tranfcribed and bound up together, by the fame party that added the Poft- ^ G 3 fcript fcnpMo the firft; the Poftfcript filling them thus the i.and 2.1ft *See Mailer re d G f t beir routuall relation one to the other j after they were nm” S en m ~ both conjoyned, and the k NewTeftament and Paules Epiftles, Gal. 6. p. digefted into that order and method, wherein now they are pla- 497.498. ced, both in manufcripts and printed Coppies. 499 .tv her this is largely Fifthly, It is very unlikely , that Paul would makefuch ^Comment, a Poftfcript as this. For a‘s thefe words (was w ritten from Some, on Gal . 6.f. whenTaul was brought before Nero the 2.r/we)found not ofPaules 497. *498. language but fome others; fo the (econd Epiftle untoTimotheus 499 * , ordained the firfl 'Bifhop of the Church of the Bpheftans ,favour ^HSlVi'c no£ °f bis inditin g > who never in an y ofbis Epiftles to him or 2.T beodoret. others ftiles him a Bifhop, muchlefle ordained thefitli Btfhop of Eccl Hisl.l. the Church of the Ephe(ians,neithex would he have made fucha A.c.7. the defhription ofTimothy as this,to Timothy himfelfe. Title of the r flslcdef. sixth t N ,°” eo J t i f pther i p f l u h T 7 llifl.l. 7.0. added to any of then Epiftles-, it is likely therefore that Paul gut- q.Nicepho- ded by the lame Spirit,addednonetoall,or any ofhis, butthat rn.Eccl.hift. t b e y * were added by fome other, who either transcribed and jr\f c ‘l a colleded his Epiftles together , or commented onthem; as were who file it the feverall Titles both before and over his feverall Epiftles,and P acatiam) the contents before each Chapter , both in manufcripts , and and thofe printed Copyes. who have la- tely comme - Seaventhly ,It is apparant.that thePoftlcripts ofmany,ofPau!es Epiftles are forged and falfe, as * C/W ."Perkins workes prooves them ; and that the Poftfcript of the firft Epiftle was written not onely after the fecond penned , but likewife three hundred yeares after Chrift or more. Foritrunns thus. The fir ft to Ti¬ mothy was Wi men from Laodicea , which is the cheifefl City of TPh-ygia Tacatiana.fcot Phrygia was not furnamed Pacatianm(as t divers afflrme by any Historians and Geographers,) till, at leafl 438- 461. , 479. 480- 483-488 4 i 3 . 49 'M° 3 f°M 2 c fJM 8 o.j 89 .59f9.-tfftr.-CwW. Sigonimde occidentals Impeno.l.z.P.jQ, ! ! ‘ ■ ■f • _ three ted on, and written a- gainfl this * Poftfcript . Surm Cone Can.i.p, 45 2.2.p.iu 12 . 221 . 3 three hundred yeans after Chrift - f front one Paeatius , a Cjentrall , at is conceived,who {hbdasd it. Since therefore it was not fo fti- iedtill tfodrhoundred yeares after Chrift , this Poftfcript muft needs be added after that time; and fo in all likelyhood the Poft- fcript of the lecond Epiftletoo , being both made by the fa me author , at the fame time ; and the firft , firft both in time and order, as is mod probable , neither would Paul doubtleffe make fuch a Poftfcript to tell Timothy that Laodicea , was the chciftft Citty of‘Phrygia ‘Pacatiana, it being fo neere to Ephefus, and * lAajler as well knowne to Timothy as to Paul. Who as * the Rhe- Perkins c on ft fte was never at Laodicea , which they C ornmentar *. i. and fo this Poftfcript is but a meere ‘ 499 * . miffs and Baronins proove by Gal. 2. falfemsSe.Jr>ryfati i Eigthly, This Poftfcript isdire^Hy contrary to the very preface and body of the Epiftle , written no doubt by Paul j which as it exprefly ftyles Timothy an Euangelift, not a Bifhopj exhorting him to make full proofe of his Minijtery• not of his Bif- hopricke. c. 4. v, y. So Paul therein, and in the firft Epiftle, ever * termes him, his dearly beloved Sonne. 2. Tim. 1. 2. c. 2. x. 1. Tim. 1. 2. 18. Aman ofGod : 1. Tim. 6 . n. 2. Tim. 3- 1 17. not a Bifhop : and in the 2. Tim. 4.12. buta little 1 above the Poftfcript, Paul writes exprefly to him , that heebad fentTychicus to Ephefus to know their affaires,comfort their hearts, and make knowne to them all things, Hee being a beloved ! brother and faith full Minifies in the Lord Ephef. 6. 21. 22. and neither Timothy his Curate and underling, muchlefle his Succef- li for at Ephefus,as is probable. it Ninthly , This Poftfcript is dire dEcckf.HiJi, Eleventhly , * Eufehim ,writes, that Timothy WAS REPORTED TORE (not Hammer an that he verily was) thefrjl Bif hop of Ppbefus, therefore this En?lifb_ Poftfcript either was not in being in his age , or elfe it had no Wxht more credit then a bare report,notfufficient to refolve that Ti- bi Englifb mothy was undoubtedly and of a truth Bif hop ofEphefus: The transition fir ft who makes mention of any of thefe Poftfcriptsis Theodortt Ejifdws. 4^0 , yeares after Chrifl , who perchance then added them to Paules Epiftles; but in his Poftfcripts this claufe ( ordained tht thefrjl Bifhop of the Epbefians, With that of Titus, ordai¬ ned the frjl Bif hop of the Church of the Cretans') cannot be found. Secondly , admit this Poftfcript true , and authenticall, 6^89^* that Timothy was Bif hop ofEphefus when this fecond Epiftle with all Ex- was written,being but a c little before Paules death , yet this fofitors on is no good proofe. that hee was Bif hop of Ephefus, when the firft Epiftle was penned,being fome i o. or 12. yeares before, as /Tnw of it ;j m °ft conjedure; for if it be a good argument; thatTimothy of any force’’ was Bif hop ofEphefus, when the fecond Epiftle was written to m truth him, becau'e the Poftfcript of it onely ftiles him fo: it is as good or a better argument for me to fay; thatTimothy was no Bif- hop ofEphefus , when the firft Epiftle was diredd to him, tyxaufe becaufe neither the b ody nor Poftfcript of that Epiftle; nor any other Scriplture wha tfoever, ftiles him, either a Bifhop, or Bif-* hop ofEphefus, though hee * was refident at, Ephejtss , when f^Tini.A. the firft Epiftle was written to him ; t hut rot when the fecond 1 l.Ephcp. was fern him ; and fo fhould much more have beeneftiled a BiC-2122. ' hop, in the firtt Epiftle and Poftfcript, then in the fecond. Now s all the Prelates and Papifts arguments, by which they would s P roove Timothy a Bifhop, are drawen from his firft Epiftle, not his fecond , the Poftfcript therefore of his fecond Epiftle is no argument to proove , that he was a Bifhop when the firft Epiftle was written r for why then fhould not the Poftfcript of the firft Epiftle ftiie him a Bifhop as wel as the fecond ? yea, rather then the fecond ? fince the firft hath much matter in it, both con- cerning the offices and qualities of a Bifbop , the fecond very/-■ Tim. 4. little, or nothing, fave onely of f diligent and confiant preaching I ' 2 ' iin feafon and. out of feajon ; which belongs indifferently to all Bifi j Ktonuments li hops and M inifters, and is fo farre from being proper and pecu- pag. 1 j y ^ ijliar to Bifhops in thefedayes , that it is hardly common to or Nicolaus De |\vith any of them; Rare to moft of them , and altogether impro- ^lemangijs ,per to fome of them, who g like the dunfticall Bifhop of Dunk- ? T™* 10 leden, thinke it no part of their Spifcopall office , and that they c< C ff ***** were never fo much as ordainedto preach, but rather to jit mute and 16.17. ig + )'■ domineer? like Lords, and that preaching belongs onely to Curats , 19 Bifhop and inferior At inifters , not to Lordly Prelates , who feldome Lat y meri climbe now into a Pulpit above once a yeare, whereas Chryfo- °f [dlome, Augnftine, Ambrefe, Cyrill, Hooper and other Bifhops C e ou & • ii ianciently preached once atleaft every day. lit Obf 2. The fecond allegation is this; that Paul deferibes to Seethephe- ^Timothy the office y e/ualities , carriage , and duties of a 'Bijhop, m ’P m ‘heir ^inputting him how to demeanehimfelfe in that office,1,Tim. 4. ^hn^Boiflle r and y. Therefore hee was a Biffhop. n ™ is * ’ j,. sAnfw. 1. To this I anfwer: fiift , that Paul bj a B'fhop >n this Epiflle meanes no Enocsefan Bifhop in dignity and \ H degree . degree above a Presbyter, but onely fucha Bijbop as was equally Ambrofe ’ 1 ^ t fi me ’ an ^ no vc ’ a )' (s different from an Elder j as alb the h f a , Chryjoftome, thers and mo[l moderne Expofnors on this and other texts accord, Seduhtu , Such a Bifhop I acknowledge Timothy to be , and fo this in- Primafws, ftruSion to him implyes; but that hee was a Diocsefan Bifhop, T Ixotbfh ^'P erior indignity to a Presbyter, this text and argument cannot I\emigius, evince. Habanm, Mourns, Secondly , Admit it meant of a Diocaefan Bifhop, yet it Anfelmus , followes not thence, that Timothy was fuchaone : this Spijtle Alerijh™ 10 ’ being written rat her to inJiruU other s then 'Timothy, who was fo Lombard, well tutered before, both by his grand mother, Lots and ‘Paul, Bruno with I. Tim. 6. 12. 20. c. 4. 6 . 14. id. 2. Tim. 1. J. 6 . 13. 14, alllatcEx- c. 2. 2. c. 3. 10.14.1 rather, fora patteme of t be quaff:, pojltorsm cation and duety of Minifters ; to dire cl the Church in all future Thil™ %' r a £> CS » t " :n t0 tnforme Timothy at* that time : whence in both theft T»>." j ^ ^ * £ piffles there are fomeprediEUons of the xdpoffary and degeneracy 7 - Afis.zo. of the laft times ; more neceflary for * others then Timothy to 17. 2%.and hnove, 1. Tim. y. 24.2j, c. < 5 . iy.c. 4. i.t0 7. 2. Tim.3,1, MaJlerCart- to 1D> Anfwffre/’* Thirdly, there is in the fame chapter inftrudions given, the Rhe>vifis ccr - cern!n y Teacons,Widdcwcs , and others • yet Timothy was Preface. neither Deacon nor W iddow; which being neceflary for the i Non film j Church of God, and for Timothy alfo to know, asheewasaa Euangelift, a fellow-helper and afliftant of Paul in his Minifte- JperTxc^ad™ na ^ an. 18. Mark. 6-. y. J Luke. 4. 40. ( Sometimes for confirmation , as many affirme , Ads, 8. 17. : 18.19. Sometimes fbrordinarrvn , as A&s. 6,&■ cap. 8,17, jj i t. cap. 13; 3. ■£/ Timoth, 4. 14. a. Timoth. 1. 6'. Ads. 19. 6 . In which is t not certainef refilved blytaifed thence. .liboT S .9 .vcdl .yi 9 biibujutcapitisHAtrAmtimmfertmat. decttmemtifjn y. 22. 0 Hi Secondly, it tbeie lences it is nere meant and fo no inference tan be infalli- ■ mm : 5! 73 t Divus BafiUu&ita interpretam r was not fb much as to receive an accufaion , dgainft an Elder fat L Hamoton u nder two or three witneffes at leaft , firft examined ; and our Court.?. 89. Ecclefiafticall Commiffioners and Bijhops are fo fare from this 90. Mevini divine Apoftolicall precept, by which they would proove Ti- Celfi Conu mot ] 1 y ? anc J themfelves to be Bif hops /tire divino , that they mil nitomil pnrfevante , filence , ('ufyend , ir^p >n[on iJA/CmiJters and Elders Fullers argu* and put them to felfi acCufing ohtfex officio^ 0athes^a*el upon every merit.16 gj Lealofie faff it ion f and private accufition of any drunkard , r a fall The Petition or without two or three Witneffes or accufersfaft examined a gam ft °^lacobi CCS brought face to face. A dired, proofe, that neither they ac ° nor their proceedings are /ure divino . Theodoret^' 2. Secondly^ I anfwer , that by Elder in this text, (as T heophilak, many conceive ) is not meant a Presbyter, or Minifter, but an an* Oecumeniui , cientman , as it is taken in the firft rerfe o f the chapter : (basic and other on p roovcs not ? that Timothy had any Ecclefiafticall Jurifdidion brethren of over the Elders that were Minifters of Ephefus, who ruled that London in Church, v. 17. and weretheTifhepsofit, Ads. 20. 28. Where King Henry Paul enjoynes them, to take heed to themfelves ; as having no Su- thcx. kts perintendent paramount them ; not giving Timothy any charge dayes m tlxir tQ ta ^ Ke h eec j tQ t [ ietru Letter to ^ ThormPhi - f Ups. Fox Thirdly , Admit thefe Elders were Minifters , yet Timothy Atts and had no judiciary power over them, tofufpend or corred them: Monument, fl nce ; # hee j s exprefly enjoyned , not to rebuke an Elder , but intreat him as a Father : which is farre from giving him any (uch Epifcopall Iurifdidion over them as our Bif hops nowex- ercife and uiurpe ; ufing godly Minifters and racing them,rathet like dogs and and fcullions, then Elders. Fourthly , The words are not; that bee f hould not excom¬ municate, fufpend , convent or cenfure an Elder ? but that hee Jhiutld not receive an accufition againSl him , but before two o? : three wttnefies. Now to condemne or cen'ure , is one thing, toreceive an accufation, another* The firft not but a Judge ■ or cheife officer can doe ; the fecond, every regifter, clerke,, informer, or under officer; Yea, every private ChriJHan is capable to receive an accufdtion y and every ordinary tJACimsler too , againfl another Jkperior to him in age , eflate , or place , ei¬ ther privately to admomfl) him , that is accufed, of his fault , or to reproove him for it ■ or to courfftll him how to repent and redrejfe it ; or to comfort him if bee he dejetted with it , or to in for me againfl himto the Magiflrate, or whole Congregation , ortopray to God for his amendement. Matb.i8. ty. 16.17. Levit. 19. 7. Gal, 6.t. a.Theff. 3. 14. iy. r.Tim./.20. 24. Tit.i.io.to 14- 2. Iohan, io, ii, Iud. 22. 23, which well expound this text. Fifthly, The true meaninge of this text is this, that Timothy and other Chriftians of what quality loever, elpecial- ly Minifters, fhould not lightly receive or beleeve any ill report, cheifly of an Elder or Minifter, without Efficient teftimony of the truth thereof by two ofthree able witnefles ; as will plaine- ly appeare by paralelling it withPlal. ry. 3. Numb. 330. Deut. 17. 6,c. 19. iy.Hebr. 10.28. and with Math. x8. iy. 1 6.1 7, where our Saviour faith thus: c Moreover, if thy brother fhall treffas againfl thee , goe and tell him hit fault bet^eene him and thee alone: if bee fhall hear e thee .thou haft gained thy brother : B ut tfhee \W// not heare thee f : then take with thee two or three more 3 that in the mouth of 11 two or three '^vitneffes, every word may be eflablifhed^ and I s if hee fhall nrgleftto hearethem,teilit to the Church , and ifhee neglect to heare the Church Jet him be unto thee as an heathen man and publican, A perfect Commentary on this text of Paul,and a dire&cenfure of ourBifhopsex officio,oatbes, and proceedings by the parties owne felfe accufing oath , and l anfwere without or before witnefles produced, -> 4 6. This text( admit* it gives power to Timothy to take ac- cufations againft an Elder before two or three witnelfes;) yet it excludes not the other Elders ofEphefus from having like power with him; it gives him not any foie power to heare and deter¬ mine complaints without the other Elders afliftance or confent, but together 'Veit h them, Math.18,19. i,Tim.y,i7. Ads. 20,28. Hence th t fourth Qouncell of Carthage, Can. 23. and after ic Grattan, Cauf is, 7. Cap, Nulltes, Decree, That a Bijhop fhould heare no mans cati/c without the prefence of his Clerkes ; and that theJentcnce of the B if- hop f hould be void, unlejfe it were confirmed 'frith the pre - t Conciliumf e * ice °f •' yea, Grattan in that place prooves out Amiocbenu, ofthe Councels ofllijpalis , Agatha thefrjl , Qarthagetht Cm.ro. fecond and fourth.Gregory, ( whole words and Canons bee Gratuin . J J ° ' . DiftinEl. 18. recites at large) that a vA/ltmiler, Presbyter, or Deacon Conc.Afbri-cannot be punifhed , or deprived by the Bifhop alone , but by a ^ n °de or Councell , and that the Bif hop cannot heare or donenfi, can determine thecaufes of Cleargy men alone , ‘frit bout affocia- io.N ictenu.tino tine V.!d?r< of tht> Chuvrli nr ntbrr adiavnitw TMlh/iht 742. cone, cflcaufes and controverfes. Thistext therefore prooves no- Meloenfe, thing for Timothies Ecclefiafticall or Epifcopall Jurildi&ion, Cay. 3 2. being 'frritten rather for the Churches, and zMinflers ftt- Wmi ture , then Timothies prefnt inflruffien, as ” Gerfonius n Dijjertatio Bucerm rightly obferves. Finally learned 0 Doll or Whitaker Ecdcfap ,on g f nce alfoyled this obje&ion in tbefe words: That fo6.‘ yo'7. timothy u commaunded not rafhlyto admit an accufation S o 8 againJl an Flder , this prooves not that Timothy had power oConirov.y. ey dominion over Elders. For according to the c^poflles minde, toreceive an accufation , is to bring a crime to the Check, r I-——— -Church , to bring the guilty perfon into Judgment openly tortpmve , »hich net onely Superiors may doe, lut a t this authority may be under- floodbtbatVobicb follows 5 Tbofe that finne rduke before all -whichactualsalfomay doe. ThusVltf hops heretofore if,'any Elder or Kifhop had an ill report referred it to the Lief aficallSenate or Synod , and condemned him if hee feemed Worthy by a publtkejudgement, that is , they did ei¬ ther fufbend. excommunicate or remoore him. t v"At Vrr.'thee pav. Tapi mi. t^oni. s. vc». dix and Gerfonius B uctrut De Gubernat. Ecc’efi * p«g- * Vtde ^ aoo to 30 $. ( where this objeaion is iroft fully cleared by 450. ufju, Cou'ncels, Fatbits , and other authors tefti.atonies)> this place: fo that it makes no proote at ail , ihatTmotl V a B (hop. So as front aH the! premifes may fafely conclude, thatTimothy was neither aBilltop.no.BtihopofEnhdus nor firft, nor hole Billtop ofthat See, as many overconfidently, and crronioully affirme. Ob). f. 66 Obj. 6 . Ifany in the fixt place object, that * divetfe of the 1 SeeGerfi- a „ci ent Fathers , as Dionyfius ^reopagita , Hierome , Ambrcft Mi 8^19! O trot hens, Theodoret, Chryfoffome, Eptphaniw, Eufcbiw, q rc [ f Ecclef.htJl. g 9rie the great, Reiterates, Oecumenius, Prim afus, /[idottiisja. ly.c.^.os lenfs, Re da, vinfelme , Rabanus Mamus, with many modeme Meredith writers affrme Timothy to be Bijhop and firji Bifhop of the Ed be. Ukroner, a f, ans therefore hee was fo. Bsfbop Ewg- iijhethit. *ln 1. Tim. _ I anfwerfirft, that as feme ofthefe Fathers are fpu- rious, and not to be credited,fo many oftheirteftimonies are %See DoBor ambiguous, if not contradictory, p Eufebius writes, that Ti- conference, ^ ^ S R E P 0 RT E D to be the firjl B,Jhop of Ephefus, with Hart. an ^ Ttttu °fthe Churches of Creta: which isratbera deniall then f.213. an affirmation that hee was Bifhop there in truth. * Theodoret, <1 Defenfor and Beda affirmehim , to be B/fhop of all si ft a , not ofEpbtfm Pa fl ar pl oneI Jr fo an sirehbtjhop rather then a B,ijhop. Their Tefti- ncmVe lentil] monies therefore being fo diferepant and dubious, are of no va- Petrn non lidity. venijfe Ro- Secondly, + Many of th: Fathers affrme Peter to have mam,neque beene Bijhop of Rome , and to have continued ‘Bijhop therefor di ■ tfstriattJi vers J eares r y et ‘l Marjilius Rat avium, r Carolus AIolns.ui, Confultm ' Wllh f“”dry f other late Rroteslant writers, both forraigne and Francicecon - domeftique > affirme , and fnbftantially proove by Scripture and tra abuftu reafons; that Peter was never <*-L, Rome,nor yet Bijhop thereof. As Fapamm . therefore their bare authorities are no fjfficient argument, to rnffll'/Lv- P roove Peter Biihop of Rome, fo neither are they Efficient to {olds confe- evince Timothy Bilhop of Ephefus. r trice with JHart.c. 6 , Thirdly , Thefe Fathers affirme not Timothy to be foie Fnvif 3. Bifhop of Ephefus, or to be Diocaefan Bifhop , or fuch a Bifhop 2i%°bZiier ' hi'hop or Biihop of Creete, wherein were * 90. walled Cities, 7 J. 19* would ftoope fo low, as to waite thus upon ( Lawyer, as Zenos, •ora Difciple, c&isApollos was , unlefle hee were far more Humble then any Arcbbiihops or Prelates in thele our times; who are commonly foinfolerjtly proud , as to difdaine all fa- miliar converfatipns with Lawyers,or Ministers. Seaventhly , Paul left Titus Biihop of no one Citty in Creete, and hee exprefly enjoynes him, to or dame (not one but many ) Elders (in the plurall number) in every Citty of Creete, Tit. r. jv 7. where there wereno lefle then 90. walled Citties in Homer ns time ; which Elders were no other but Bifliops , and To tearmed by him v. 7. (For a BIS H 0 P must be blameleffe, &c.) as HieromChryfb/lome, Ambrofe , Theodoret , Sednlw, Primafitis , Remigius , Beds , Ron ban ns M,emeus , Bruno , Tbeo. philall, Oecumenius, Anfelme, Lyra,Hugo Cardinally, Aquinas, with other moderne Commentators on this text accord. If then Paul gives exprefle directions to Titus, to. orddine many Elders and Bifliops th eve xy-(fifty of Creete ,conifituting him. a Biihop in none of them, that we read of, (an'apparant argument, that hee t Mercators was no ®^°P there, becaufe hee had there no Bilhops See at Ados in all* and .was noiole Biihopofany one Citty: ) it is not probable Englifh j that hee conftituted him foie Archbiihop or Biihop of all Creet, London. (which had t anciently no lefle then 4. Archbijhops and 21. p ii2 Bifhops in it ,) it be'mgtheApostles praBife to place many 'Bifhops * Opiated by an ^ Elders in one Church , but never one "Bifhop or Archbijhop Dollor Bor-over many Churches, Phil. 1. i. A&s. 20. 28. Hence * Atha- nes in his no ft us, Chrjfo flame, Oecumenius and TheophilaSl on Titus 1. y, yPbrkes. 7 « write thus: Here hee will have Bifhops to be underflood for Pref ^Gefnirn snifters , as we have elfewhere often fiid , neither verily Bucerus de Would bee have the charge of the whole Hand to be permitted, or Gubemat. granted to one man, but that every one Jhould have his owne proper Eccleftx. cure & charge,allotted him:for hee knew that the labour & panics j>. y 20.6 2x wsfild. be the lighter and lhat the people would be governed with greater IS greater diligence,if that thcLcUor or teacher fhculdnotbe dijtra- tled with the government of many Churches, but fhouid onely give^ biwfclfe to the government of one, findfludy to ccwpofc and adorne^ ^ it with his maners .So alfb Petty Lombard, * Alphonfus deCajtrc 3 Epifccpus. * Tottor Barnes, andoibers on , and fromthis text, dcterfhine.*p.2io. + Sec Gerfi- Eighty, All generally t accord, tliat Afchbijhops,yea e^iuiBucerw, tropohtanef^B I S H O P S thewfelvcs are not of divine or tApo~ ^61.^ 2 g}}, ftolicall, but Papalland humane Conftitution > vfritnefle Pope Ni-ufqtie 401, colasapud Gratianum P)ifii). 140,. *:v\’ v , ' v V. < r : . ! , /•.. ' J6y l f6f* 342. §oy 7,91 -Ton. 2. p 1046. Tom. yp. J47. Socrates Ecclef HiftJ* f- J c* ot Euiigirm Ecc 7 , Hitt* /« 2, c, 18. ' ^ K 2 to be 7 6 to be in the preeminence of power , order or JitrifltfHon betwecne the Aposlles themfelvss , or between the B if hops them [elves , but that they WERE ALL £ J^ V A L L in P 0 W S R , A y~ r h o r i r r ^ n d J f r i s- DICTIONi ^sinl that there Uno'fo and fince the time ofthe Apo files any fitch diverftty or difference amonz the Bifbops, IT WAS DEVISED Br THE ANCIENT FATHERS, of the primitive Church, for the confervat'ton of good order, and unity of the Qatholiky Church ; and that , either by the confent and authority , or elfe at leaf B T THE PERMISSION AND SVF FRANCE OF THE PRINCES AND Cl. V 1 L L POWERS for the time ruling. For tbs faj/d Fathers , confdering the great and infinite multi¬ tude of. Qhrijltan men fo largely increafed through the Snorld, and taking examples of the oldTctt ament , thought it expedient to make an order of Degrees , to be among B if- hops, andjpirituall governours of the Church, and fo ordai¬ ned fome to be Tatriarkes, fome to be eJALstropolitans, fme to be Pxrchbij'hops , fome to be Bifhops • and to them did li¬ mit fever ally ( not onely ) their certaine Diocejp and Pro¬ vincestherein they fhould exercife their poster and not pfytoT>a , name in that Epifile , Tit. 1. 7. But of this, fee more in the anfwere to the Poftfcript of r Timothy. Secondly, I anfwer, that this Poftfcript is diredly falfe; for it faith, that this Epifle was Written from Nicopolis of oJHa- cedonia. Now it iscleare by the 12. verje of the third chap- ter of Ergo Archdeacons, Chauncellers, P 11 9 - 12 °‘ Vicars generall, and Officials, are Archbifhops and Bifhops of tbofe Dioces: The King fends his Indges, Commiflioners and under Officers to fome Counties or Citties,tofett Caufes,Coun¬ ties, people, Arraes, Forts , Citties in good order, and to fee defeds in thefe fupplied. Ergo fudges, Commiflioners and Of- ftcers are Kings: Churchwardens ought by the Canons of t / 7 and 160$, to fett in order, and provide fuch bookes, ornaments, and neceffaries as are wanting in Parifh Churches,and fee them well re¬ paired : Ergo Churchwardens are Bifhops: For Titus was here left, to feet in order the things that were wanting, A S P-AVL HAD APPOINTED HIM ; and no other wife, Tit. 1. y, 6 , 7, 8,hee did all by his dire&ion andauthority, not his owne. There is nothing therefore in this, of ordering things that were wanting in the Church of Creete , which favours ofEpifcopali Iurifdidion. And I may better argue hence, Titus • did nothing at all in Creet but by Paules fpeciallappointment and ComiflionjErgo hee no Bif hopjor if a Bifhop: Ergo Bifhops fhtmld order nothing in their Bfbopnkes, nor keepe any yifitations> bats * bur by IpscUll direttion&Comm ffion from the lApottks, * King, * So the St a- ^ $ t:ite j au’ho'ii'Zing themfEhm the Obje&ors conclude; Ergo, H.8 c.29! hee was a Bifhop; and Bif hops ,Archbi('hops, ( yea Archdea- 37. H 8 c. cons too without any fpeciall commifRon from the Apoftles, j 7.27. H. King and State) may make and inftitute what orders, conftitu- 8 c.if.J.E, tions ^ Articles, and Ceremonies they plea'e, as now they doe in their illegall Courts and vifitations , kept in their owne names, Eii^c. 1. * without any Patent from the King 2J.H.8 c. 31.31 • fJ- OfyV 3 . If any objed in the third place, That Tim was left 8 - c - 9 - > 4 - Elders in every (fitly m (reete ; Tit. 1. y. Ergo, hee xc!i 6 2. was a Biihop: becaufe none have power to ordaine Elders, but H.\ 1/ Bif hops; fincc none ordained Elders in Creete but Titus, who l^f/^.c.y.was a Bifhop. expreflyre• ^Thal the 3- Ianfwerfirft, that this is as bad a confluence as pjcrlfcr-the former , and a meere circular argumentation : Forfirft diction of they will needs proove Titus a Biihop, becaufe hee ordained Minifters Elders; and none but Bif hops can ordaine Elders; and then next belongs not t p £ y p roove } that none but Bif hops can ordaine; becaufe Titus one y to BtJ- p ore j oot h was a Bifhop , and hee onely did ordaine Elders in °P S ‘ Creete. A meere Circle, and Tetstio Princtpiy : yet this is the Logicke of our great Rabbi Prelates. Secondly , I anfwer, that this proportion whereon they ground themfelves and their Prelacy, that none have any right lure divino to ordaine Elders or Mtmjfers, but T> (hops ■ and that yuatentu Bijhops too , ( which they muft adde , or elfe their ar¬ gument is unfound , ) is a notorious falfehood, and meere landy foundation ; For fitft, not to remember how Mofes a Civill Magiftrate, confecrated slaron and his fonnes by Cjods owne appowtement, Levit. 8. f, to 32. Exod. 29. p. 3y. Firfl, The u 4 poFlles themfelves were ordained ApoElles and confecrated Mimjters by Chrifl himfelfe , Matth, 28.ip. 20. Mark. Marke 1 6 . i y . r 6. loth. 20. 22.23.24, Ads. r .4. y . Rom. I* f* 2. Coi. J- . 10, to 22. Fourthly, t Trefbyters and ordinary tJWiniflers ordainta^ Afts.i], Elders and Ministers ,yea Timothy himjelfe was made a Mintfter 3 * by the impofition of the handes of the Tresbyiery, *. Tim. 4.14. Thus did they in the primitive Church; this doe they ftillinour ■owne Church,as the booke of ordination it (e/ji confirmed by * two yltts of Parliament , the 35. Canon, and experience witnefle; *$-Ed.6. this doe they in all the reformed Churches now, which fhould c ’ 3 , 2 ' have no lawfull Minifters , and fo no true Church, if the power ** , *' 1 ‘ of ordination were Jure divwo appropriated onely to Bifhops, and not common with them unto other Minifters. Ffitly , Patriarkes, Metropolitanes, Archbifbops and and Chorall Bifhops (neither ofwhichare properly Bifbops in the objedors fence) ordaine Minifters : If then allthefe have ordained Elders and Minifters, though no Bifhops, by fufficient divine Authority, (as the objedors cannot deny of the 4. firft, and dare not contradiditin thelaft , ) then it ismoft falfe; that the power ofordination Jure divino belongs onely to Bifhops, as Bifhops in the objedors fence; for then none of thofe y. being not properly fuch Bifhops, could lawfully have ordained Mini¬ fters or Presbyters, as they did and doe. every L bur do, Acts. 14. 23.c. 19. r. 6 . 7. c. 7. 6 . yet they were properly no Tifhops as e alllearnedmen acknowledge. Thirdly , 8 z Thirdly , There is no one Syllable in the Scripture to proovc, that the power of ordination belongs onely to Bif- hops qtatetm Biihops ; neither is there any one example to warrant it. We read of Apoftles , Euangelifts , ’ Difciples, Presbyters, that layd hands on others to ordaine them Mini¬ fters ; but ofBiihops,(lmean diftinAfrom Presbyters,) we read not a word to this purpofe , how then can this be true , that the power of ordination belongs onely to Biihops quatenus Bib hops, Jure divino ? Fourthly, We read not a word to this purpofe in Scripture of any Bifhops diftindt from, or fuperior, in order , degree and dignity to Presbyters; if therefore fuch Biihops themfelves be not Jure divine , the power of ordination cannot belong to them Jure divino , the rather becaufe we read of no man whom the Scripture cals a Bif hop ordaining Minifters. f f^Admit there were fuch Biihops Jure divino; yet that the power of ordination belongs to them Jure Divino quatemu fuch Bifhops, is moft falfe, but onely quutenm they are Mini¬ fters : For it appertained to the Apoftles, to the Euangelifts ,to Difciples and Presbyters luredtvtno, though no fuch Bifhops; and the objedtors will acknowledge , that it belongs to Popes, Patriarkes, Metropolitans and Archbilhops, though they nei* ther were nor are properly fuch Bifhops, and are no divine, but meere humane inftitutions; therefore it muft appertaine unto them onely, as they are Minifters , (in which refpedl they all pGerfinm accord , and are not differenced one from another; ) not qua- Bucerus , tenus Biihops; for then the Apoftles, Euangelifts, Difciples, P. 1 3 -M 8 -Presbyters, Popes, Patriarkes, Metropolitanes , andArch- I< ^ 2, biihops, being not properly fuch Bifhops, could not lawfully coo^?i7 ordaine. The power therefore of ordination belonging to the 918,740.' Apoftles, Euangelifts, Difciples, Prefbytersand others as well 622,623, as to Bifhops, notto Biihops onely,or to them as Bifhops,butas 318. to 24i n ift ers (it being a. g mere MinifteriaU aft, inferior to 367. pmebwfa t 1 -—-—— preaching ] admini firing the Sacrament and baptising , as all acknowledge ) it can be no good evidence to proove Titus a Bifhop. Now becaufe this power of ordination which our Prelates would Monopolize unto themfelves, is the maine pillar whereon they now fufpend their Epilcopall Jurildi&ion over ther Minifters , I fhall produce fomeTumane authorities, to proove the right, the power of ordination and impofition of hands to be by Gods Law common to Presbyters as well as to Bifhops ; 1 fhall beginne with Councells. The 4. h Coun- cell of (far tb age, Can. 5. about theyeareofourLord 418. pre- h Surius (cribes this forme of ordination of Minifters , When a Mmtfler Tom. 1 • p- is ordained, the Bifhop blejfwghim, and holding his hand upon 5 * 3 ■ his head, all the Presbyters or Adimflers likjwife that are prefent, *J tnc ' fhall lay their hands upon his head by the 'Bifhops hand. This Ca- ^ Notes on non is incorporated by Gratian , into the body of the Canon Law, the 1. Tint, and hath been pradifed and put in ure in all ages fince, till now; 4 t 4 * The very Glojfe on * gratian, yea and k the Rkemijts _ afuring us , that when a Preifl is ordained, all the Preijls flan- ^ ^ dingby , doe lay their hands upon him ; neither is there any other adcatal. forme of ordaining Afiniflers , prefcribed in the (fanon Law or Teflium Ve- Councels, but this alone , which all Churches have obferved, and riratn. yet retaine. Since therefore no Bifhop may or ought of him- felfe alone to ordaine Minifters, without the a (lent and con- £ fC /^p < currence of the Clergy, people and others there prefent,^18.<0367* as l gratian, m Illyncus ,and n gerfome Bucerus,proove at, 464.465:. large-, and fince all *JMinitters prefent ought joynewith the 493 - 49 ^* Bifhop in the impofition of hands, in all ordinations of «J : hf/- 499 T^ 4 * niflers, and haue ever ufually doneitinall agesand Churches-, ^ how this Prerogative of ordination f hould be peculiar to Bif- 0 Surius, hops ( who may not doe it without Minifters concurrrence, no Tom. 1. more then Minifters without theirs,) I cannot yet cpnje&ure.P- 2 ^- True it is, that the 0 Councell of Ancyra , about the yeare of our Lord 308. Can. 3. ordained ; That Chorall Bifhops fhould not ordaine Presbyters or Deacons ; nor yet Presbyters of the Citty in another Parifh 5 but when the Bifhop (hould permit them by his L 2 Letters-, t Surimlbii . L tteys 5 An ^ f bc t (yuncelt of Antioch under Pope Iuliiu , Ca. p.403.404 nohi 'decrees ■, that Chorall Bijhops Jhould not ordaine Mi- niflersand Deacons without the 'B'Jhops privity. From whence I obferve. Firfl, That before thefe Councells retrained the powerof Chorall Bifhops and Presbyters, that they did and might law¬ fully ordaine Minifters and Deacons without the Bif hops pri¬ vity or aflent. Secondly , That by his aflent and licence both the one and the other, without the Bif hops prefence,might lawfully ordaine Minifters and Deacons. Thefe Councels therefore plainly re- folve , that there is an inherent right and power of ordination in 1 resoyters and Chorall Bif hops, as they are Minifters, and that with the Bifhops confent, and licenfe they may lawfully execute it, and^onferre Orders, therefore the right and power of ordi¬ nation is not invefted onely in Bifhops, as they are Bifhops, for *Conftit.A- none elfe could ordaine but they alone. The forged poji.l. 3 , c. fonjlitutions of the A fojlles, fathered on Pope* Clement, i o. xi. 20, preferibe ,• That Presbyters and Deacons, map not ordaine * other TreiBs and Deacons, but bifhops onely. And the Try?™: ^ Councc ^°f^tj}alls or Spaw, about the yeare ^7, Car Tom. 1. tton. s.7. oat of'Tope Leo f.pi si. Sti. decrees-/^ Presbj - f .800. ters and Chorall Bifhops, 'Which are all one, fhould not pre¬ fume to ordaine VreiBes or Deacons, or to confeirate Altars =? Exod, 40. or churches • For in holy Writ, by Gods Qommaund, t Mo~ fes onely. ereffed the Altar in the Tabernacle of the Lord, 98. bee onely annointedit, becaufe hee Was the High Preijl, of God,as it is Written s * d^Lofes and Aaron among his Preijls. Therefore, that Vohlch Was commaunded onely to the cheife Preijls to doe, of whom tJMofes and Aaron Veered Type presbyters Who carry the figure of the formes ofAaron, may n u may not prcfume to enchroach upon. Tor although they have in mojl things a common difpcnfation of \MyJleries with Bifhops } yet they muUkpoVe that fome things are nomithjl a ndtng prohibited them by the authority of the old Law,fome things B T TfE W SCCLESlAS- T 1 C ALL RVLES [or QaNO N S) as the CONSECRATION OF PRESBYTERS , DEACONS, and virgins • as alfo the Constitution, be¬ nediction , or unit ion of the Guitar. Verily it is not law - full for them to confecrate Churches or Altars, not to give the Holy Ghojl the comforter by impofition of hands to the faithfullwho are to be baptized , or to thofeyvho arc convert ted from here fie, nor to made Chrifme , nor tofignethe fore¬ head ofthoje that are baptizedwith Chrifne, £ nor yet ^ S ee Concit. publikely to reconcile any penitent perfon in the Maffe,nor to 2 ‘ fend formed Efflles to any. All thefe things are unlawfull to c.3.4. Gra - Presbyters or Chorall B if hops Joecaufe they have not Ponti- ttan -Ciicke. Thefe two laft authorities are the cheife that the Papifts , Jcfuiees, and our Prelates infift on , to L 3 proove, 5 ' proove, that the power of ordination belongs bnely to Biftojp not to Presbyters. But to remoove thele twco obftacles: confider. Firfl, that there is not a word in either of thefe two Conftitutions, that the power of ordination, belongs onely to Bif hops by divine right and inftitution ; or that Presbyters by Gods Law have no power to ordaine Minifters and Deacons , the thing onely in queftion. Secondly, That the Councell exprefly refolves , that the power and right of ordination is prohibited Prefbj/ters, and appre- priated onely to Bifhops , not by any Law of God, or ancient Con- ftitutions of the Apoftles, or thofe who immediately fuccecded them, but onely by fome Ecclefiajlicall fawns and Confutations then newly made , and by the authority onely of the See of Rome j which cannot deprive Minifters of that power of ordi¬ nation , which the Scripture and God himfelfe hath given them. Thirdly , That before thefe late Canons , and Conftitu¬ tions , Prefbyters might lawfully ordaine Minifters, and Deacons. Fourthly , That the cheife reafon why the power of or¬ dination was taken from Minifters , and thus monopolized to Bifhops, ( even by their owne Conftitutions, wherein they nave ever favoured themfelves, ) was onely to advance the fewer, authority, dignity , ambition and pride of the Pope m Trelates, and to dijlinguifh them in degree and order from ordinary CMmJlers , which of right are , and otherwile would be their equalls, both in Jurifdidfton , power an degree. Fiftfr ■ F ifityy That they bring not one (yllableoilt of the new Teftament to proove that the power of ordination belongs’onely to Bifhops , not to Minifters which they would have certainly done, had there beene any text to warrant it ; but that all they alleadge is out of the old Teftament ; to wit, that isVlofes one- ly confecrated the Tabernacle and the t^Altar ; Ergo none but Bifhops mutt confecrate Minifters , Altars , Qhurches. A learned argument; ergo none but Kings, and temporall Ma- giftrates, no not Bifhops themfelves , may doe it, had beene abetter conlequent. For Moles wasnoPreift 5 muchleffe a* ftfftft’ Bifhop j^the HighPreift, ( which was x Karons office, c ^^f 0 not his ft there being hut y one High Prtift, at once and 45V. 30.7. hee a ^ type of our High Fre'tft Chrift ) but a civill Magi- ^ giftrate; yet God commaund him a to con fecrate Aaron c-7 _ II> 'toith his Sonnes , the Tabernacle and iMltar j and afteryNumb.tf* him, b King Salomon ( not the HighPreift ) confe- crated theTtmple , Altar , Court , and all the furniture to of the Temple and Altar : So that if thefe examples proove anything, it is, but this : That the power of ordination, of^g" c g* f conlecrating Bifhops , Minifters , Churches , Altars, Sic. y.c.g.i, to appertaines not to Archbiihops, Bifhops , Popes, Preiftes, 28 c. 10.it Minifters, but to thecheife temporall Magiftrates. But ad - 10 f', mit that Moles wereaPreift, and an High Preift , and that * ® ^ • the power of confecrating Preiftes, Temples, Altars appertai- g 0 . 2 y,toji ned to him in that regard ; yet this is no argument to proove, C.40.1.M that the right and power of ordination fhould belong to Bif- 34 * hops onely; and that for thele three realbns. 2,crmx. 6. 8. F/Vy?, becaufe the Aarontcall Treifihood 'tons c utter- c 7 . & ly extinct and aboltfhed by Chrift , as meerely typicall and 8- 0 9 . fS ccremoniall and fo all the appurtenances thereunto belon-io* g in g- 88 ¥ Augaftin. Secondly, Becaufe the High Preift was no Emblem^ Serm. 99. type or relerhblanceofBif hops, which are many, changeable, iriuukar raorta ^3 but * onely of Chriftour true High Preift , tyho is cmtr.\.q u - ^ ut one •> eindremaines an High Preift for ever without fuc- 1 ,c.2. Wil- ceftion or change. So that this allufion prooves the power of 'patifinT.^ lS ordaining Minifters to belong originally tn none hut A thrift Cont.y.q-l- 0ti r e High Preift,cheife Shepheard, and f Bifhopofour dHeb.y.i^foules ,asthe & Scriptureexprefly refolves ;and minifterially, i\1.6.2o- fecondarily, to h every cMinisler ofchrift, hisEmbaffa- c.y. & 8 -G? dor , inftrumettt, andyicegerent . 9 . & IO. e Heb.6,20, fHeb.il. 20.1 .Pet.f. 4 * g 1. Pet, 2. 2?- h Math. 18. 19. Markj. 3 6.1 flohn. if. 16. 4. Ephtf. 8. it.12. 13. 1. Tim 4. 14* Ads. Thirdly, Becaufe the office and power ofthe High Preifts and Bifhops are different, diftindfc, yea incompatible one with the other, and the maner of ordination, of Minifters, and Dea¬ cons under the Law, different from that under the Gofpell,asthe f Scriptures, and * all A»/^mjoyntly witnes: the one of them therefore can be nofolid , or convincing argument to make good the authority furifdiilion orprattife of other. So that this Councell and Conftitution, makes nothing at all againft the divine right and T itle of Presbyters to ordaine, or for the Bil hops foie Monopoly ofimpofition of hands, by any di¬ vine charter from Chrift or the Holy Ghoft. IExod.c.29 Finally, Neither of thefe Councells or Conftitutions & 4 c- {J m ply debarre Minifters from the impofition of hands on others compared 1 ' , rt-r j 1 with Ails together with the Bif hop,which they k. ever pracftjea , and 6.i. Chapter of the fame Councell of Aken , taken outo (IJidor. De Ecclef. Off- cits l. 2. c. 6 , where writing ofBif hops ordination byimpofi- tion of hands, and the originall thereof, they ufe this expreflion, n De lnjlit. ^ which » H. Rabanus M (turns , like wife bath:) But that 2 b/- Clerico- hops are ordained by impofition of handes , rcA PRtAiCES - raw./, i.c. 4. so RJ B PS 'D £ I SACSRDOT’IBTS, by the Preiftes of God their predeceffors, is an ancient confutation. Eor &2.%. 7 ' the holy * Patriarke lfaac laying his handes upon the head of la- =£ Genf^%,cob, blefed him, and f Iacob in like maner gave a benediBim tohts fonnes: &c. Where the Councell and Fathers both af- firme; that even Bifhops themfelves are ordained by t Priefles or Presbyters (notBifhops) theirpredeceffors, therefore the right and power of ordaining Minifters (and Bifhops too) belongs to' Prefbyters as well as Bifhops, and to Bilhops, onely as Pref , . _ byters, not Bifhops; and fo can no wayes advance them in Iurif- 1 p a6 (°. m ‘ di&ion, order or degree above Minifters. The Popifh q C om ' ’ “ ’ cell of Trent Seffio 23. Dc Sacramento or duns c. 4. determines that ‘Btjhops are (itperior to Prefbyters , and that they can conftrrt the Sacrament of Confirmation, or daine Minifters of the Church, and doe many other things,which thofe inferior order have no power to doe. And Can. 7. De Sacramento Ordinis : Ifanyfh all fay, float. Bifhops are not fitperior to Preifies, or that they have not the power of ordination , or confirmation , or that this power, which t ~^——TT". 9 x they have , is an, men to them with Prefbyters • or that the orders conferred by them without the confint or calling of the ficular power are voyd , let him be Anathema : Loe here this Councell ap¬ propriates the power of ordination onely to Bifhops, by deny - f ing it to be common to them with Minifters , and in this regard ,fExamen makes Bilhops fuperior in degree to Minifters; yet not by any Concil. Tn- divine right or inftitution, (of which there is notone word; )but dentim.pars onely by humane and Canonically (as the r Hiftory of the ^^tforT founcell of Trent , and / fhemnitius well obferve :) For in the t fi^. * feme * Seffionde Refirmatione, Can. 7. S. it enjoynes ; that p, era demon- and the other Canons and Conftitutionsdebarre Presbyters and^^'^"^ Minifters from the a«ft and exercife of ordination, (which yet they ever ule, and pra&ifc as afliftants to the Bif hops, who can J Epifcoporum ordaine none but by their allent, fince they ought to joyne with non adEccle - them in the impofition of hands,) yet they deprive them not their inherent right, nor yet of the exercife of it as afliftants to the Bifhop, which they have ever ufed. I pafle now from thefe VO c m ,peni- neat , quodfc hi hoc jure EleBionmde tiftpuea Chrifti temfori'm annisn JOO, uftftmt. M z Coun- a Cont.htrej + ^ afficcne that Bl Jheps onely m weir time y»j sooyne Mimflers and ‘Deacons ; and that Prefers might doe all thy fiAictof- that Bijhyt did,except the conferring of Orders , and feme other $8/. 2/ trifling toyes , « confecrating of Altars Caches , v^, c. 7 - cLL, &e. not warranted by Gods word ; yet none of then c In EM- determine, that the right and power of ordination belongs onely tt 414' B ‘ ho P i ' b ? tSTbX Z Ttjlanlo Ma ; t thc coatI i ry : For as they daimm ml <*» Btfap m tk impofmon °l handi, as appeares by the third Canon of thofomh turn Qireft- fM ni M records, Th# in Alexandria , W throughout all J , J u Pnce (as * Epiphanm reports W*. and give orders. Hence ^ f 4 ^ " 4 b'Quxfiiones hs words) reafonedinth^m • ^ ir* wLfrr ex turofius Prefbytsr ? diners nowing jrv y rejlamento f clhbee) one b*nor,wd one dignity, fa ^^^ E LJ mixtim. ;L . * I T A ETl AM Pk E S B Y T E R: The Bifly Tom,i> Bifh tp fitts m a throne ; (o al odotto we / , Hrfr.rf. thattheApofilefaithto a Bifhop: k NttUU " * 5ec Ce «* rrife that is in thee , which thou hafl received by the laying on of <«*** XE»- W Vuptfthkf’Tarnfbyttr to ordain, not having rfCrf-U f- ii, t Jlto of MtniSio,s , or to fa,,hot h« «£* tH- **"* notable toft s C«j» m 91 * Hi/lories, Fathers, Authors, Counsels tefife, that in ^ AppencUx , that age , Vrefhyters had alWajes their voyces in the Fie- cat doge left son,yea their hands in the ordination of Minivers and Deacons. S. Hitrome in his Commentary on Zeph. c. 2. t0 ^ ' Ger . Tom. f. p. 218. D. writesexprelly : SACER DOTES.fomuiBtice- and that Preifls andPrefbytcrs who give baptifme, andtm- Ecc/ " prccate the Lords advent , to the Eucharift, make afb the T 30 . ejtecfChnfm,, MANVS ’ MfONyNT bands , injlruci the catecbumcny , L EVI r Ad t i n- u fa ue LlOS CO N ST IT VF NT S A C £ R D 0 T E S- t 3^4. 360. ordaint Levitts % and other Prcitts : Therefore Prefbyters in S. Hieronymus time ordained Minifters , Deacons, and lay 4x4 609, on hands as well as Bifhops. Yea * Anaftmtu , in the life * Dc Vt j K dt Pope PeUgim thefrf, recordes ; that thnfope An. P mtifcum Chri i (ti y${.for want ofthree BiJ hops to ordatne btm\ ordained Pope , by John Btf hop of T erufa and Bona) Bif- hop ofFlorence , and Andreas Prefhyter de Hof id,and An¬ drew Elder or Miwfer of Hof ia, which luitprandm de Vitis Pontificum p. 84. and AIbo Floriaccnfis in his life, p. 140. likewife teftifie: Loe here a Prefbyter or ordinary Minider ordaining not onely another Elder, but a Bi^ op, y ea a ^ ^ ec g m - iUi Pope ; and (Implying the place of a Bifhop t the general Conci ^ C(W> Councell ofnyce. Can. 4 - the frf Councell of Arelat. Can i.p 188. ». the ftcond Ctuncell of Cur,huge. Can it. t'hetb,rd Councell of Carthage, Can. 1 9. the CouncellofAphncke 6 ^ o6m Can. if. the Councell of Rhegium , An. 47 f the Councell 502. 106. of.Arattfca, Can 21. the Councell of Chalcedon, Acl. *3.*^ 6 f 6t P. 187. withfundry Popes Decrees, ordaining , that no 1 t hall he codfecrat ed a B if of, but h <>>"' * end,hat a confeorattm made ml, h f*> h'fh°P< pall voyd ; and fo this Pope nof lawfully ordained Pope,, rulesthis 268.271. r ufi, P^ef by ter ,tupply ed the place qf a B:ihop,in his confecration and 638.731. 94 *Awti nit Ordination ioj^egccdard valid by tbe Law ofGcd, though Eccl. rt invai,d and a tncerc nullity by the Canons * An. 13510. about f. 302. Whkftfs time there arofe in ’England cert awe hold Clerfcs, "toko affirmed ; that it w at U'Vcfull f or them to make new Vref byttrs and Qlerkes, and conf ine orders, /the EiJlops: teaching Itkewifiejhat they were endued ‘Vrith the fame pCVeer in Ecclefiafiicall affaires as Eif heps were , whereupon they tajd hands cn many, and ordained divers Minifitrs: whoafi. firmed li^ewife, that they had equall and the felfiefiame Ec¬ clefiajlicall paver with Bifhops : which was the conftant Dodrine of W icklife and theWaldenfis which Dodrine of theirs was true, but their pradife difeommended , yet the Minifters thus ordained by them^their ordination held lawfull by Gods Law ; yea and their ordination of others in thole times in dark- nelTe and perfection , when no Wickilvifts, Lollards or other orthodox profefTors oftheGofpel could be admitted into orders by the Bifhops of that age , unlefle they would lublcribe to their Popifb allertions, asforne of our Prelates now will admit „ none to receive orders, unleffe they will firft, fubferibe to fuch private politions and Ceremonies, as are diredly contrary to the eftablifked Dodrine, and difeipline of the Church ofEng- land ; by meanes whereof many godly men are kept from the wlKi.Twj.Miniftery. And though m Chryfofieme , Prtmaftus,Theodoret, **' 1 ‘' ylmbrofe , Rabanus Maunts , Oecumenius , TbeophilaEl , Hay- mo, with lome others, interpret that ofthei. Tim. 4.14. 25 ) the lay ing on of the hands of che Prefbytery j to be meant either of Paul hir»[elfe,or ef the Senate of the tsEpoflles , or of fitch who had slpofiolicall authority,or of r Bifbops,and not of the bare c Prefby- ters-ybecaufe (fay they) Prefbyters , (to wit according to the pradife oftheir, though not of former tlmes)could not or da we a Bfhop, but onely^poftleSyorB'fhops-yjtt none of them fo much as once af- nlm. Tim. ffirme, that they cannot by the Law of God ordaine Deacons & 4 * 4 * • ordinary Minifters; or that they ought by Gods Law and divine inftitution to be ordained onely by Bifhops: yea » TheophMl * en on that text writes thus : Heboid a wonder full thing ' See how much the impofition SACERDO T'-A - LI V M MA- N V V M , of Sacerdotall or Preifts hands can doe ; A cleare de- monftration , that Preifts as well as Bifhops , and Bifhops onely as they arc Preifts not Bifhops >have power of laying on hands. And o Theodor et , thus gloffeth the text , here hee cals thofe the oJn . , Presbytery who had attained Apoflohcall grace-,For,faxLhhcQ,divine°^ ,W * Scripture hath called thofe who were honored in Jfraell , Elders, p^mbrofe in The Fathers therefore confeffing , that Pref byters and Elders fybef.q.. 13 might and did in fome cafes and places ordaine , and confecrate 1 ' 3 • Minifters without the Bifhop , and likewife joyne with the Bif- Sedulius ’ hop, (in all places ) in the impoiition ofhands ; grant that the Theodores, right of ordination and impofing hands, belongeth to them by Primafws ] the word of God, as well as to Bifhops ; the rather, becaufe this Keanus C; is the conftantdoiftrine ofthe P Fathers, that Hijhops andTref- Myum,Re¬ 's. by ters, by Cjods Law and mftitution, are both one and the fame, mfntw**™" t and fo continued till long after the stpoflles times ; Therefore their Theopkila - »: power of ordination, the fame with theirs. Neither doe the biw, Alfel- i Papifts diflentfrom this: 1 Acjuina> writes; That the impo- mm,Beda, E Jitton of hands belongs onely to thofe who are the Minifters of? r ffl°..^ c * ji Chrift : which was double, one which was made by Deacons, the 1 ’ 1 + j other by Minifters j and becaufe bee adds not the third by Bif- Tim. | hops; hee plainly intimates, that the ordination made by Mi- Afis.zo 17 . uifters and Bifhops, is one and the fame, and that Bif hops or- 2 &- , daine onely as Bifhops , not as Minifters. r ffiajetan on that T,w * ft text faith, That Paul relates, that the impofition ofhands S A- j. C E R T) O Tyi LIS OFFICII, is a part of the Sa. r In 1, Tim, cerdotall or Preifts office, (not the Bifhops) and Faber in 1. Tim. 4-14. 4.14. writes , that Prefbyters did ufeto lay their hands on the i Su Ppl< n >t»‘ heads of thofe who were to be ordained, purged , or made com- pleate Minifters, powring forth holy prayers. I know indeed* in 4.*' that f tMcjuinas and other Schoolemen hold, that it belongs onely Sent. Difl. to 'Bifhops to conferee hoiy orders-,yet hee and * Durandtu grant, 2 4 ■ quail, that thts is not by vertue o f any divine right,orinjlitution,but onely ? ‘ by humane (fonftitutions and Canons , by reafon of the more excel¬ lent lent power and JmifSElion that the fBiJhop hath over and above Ministers , and for order fake ; yea they both affirme; that Prtf- byters doe , and ought to joy tie with the Tijhop w the impofition of hands in the ordination of Minifters. The Rhemifts in their anno - tations on the i. Tim. 4 * r 4 * confeflTe j that when a Pretsl is or « dained , the reft of the Preifts and Elders prefent , doe together with the Bijltop , even at, this day among them , ( and have anciently ufed heretofore) to lay. hands on thofe that are to be ordained; ci¬ ting the fourth Councell of farthage : Cany, forproofe thereof, u Sttmtna And the tt Canonifts , withfome x Schoolcnten , grant, that Angelica Treifls and Minifters by the Popes dispenfdtion and Licenfe , may Ordo Sell, without a Tifbops concurrent , ordaine Deacons and Minfers; but 13. mdln* amttn Layman ? or one that is no Minifter , cannot doe it. A there cited, cleare proofe, that the impofition of hands appertained to Pref- x Fihuc.le- byters as well as Bi 1 hops, and that the power of ordination j'nita De Ca- re ft s more j n t he Minifters perfon , then in the Popes grantor fibus Confc, Lj cen f c . e lfe why might not a Lay man as well as a Minifter, q*Tr. 8 rant Orders by mtue of the Popes Licenfe, or why f hould id imfters joyne with Bifhops in the impofition ofhands ? But to pade from thefe to the reformed Churches beyond the Seas. * W e know that mod of them have no Bifhops; that all their M inifters and Deacons are ordained by the Common eledhon of the people and Magiftrates, and impofition oftheSenateor Colledge of Minifters handsjyet none of our Prelates have beene fo impudently ( hameleffe, as to deny their ordination and Mi¬ nifters to be lawfull, or their pra&ife to be diftonant from the Scriptures, or them to be true Churches. What their writers have determined concerning the power of ordination, incident to Minifters as well as Bifhops, and to Bifhops onely as Mi- vLvJr Wa /- nifters,andfervantstothe Church, notLords, thele enfuing paf- denftap. 23. (ages will declare: y loannes Lukdfvitf in his C onfefion of the Saboritcs againfi Roly rfan a, e.ii of the Sacrament of order , writes thus’ They confejfe, that the conferring of Orders onely by bifhops, and that they have more cjficltull authority of his nature then other zSHiniftrs , is notfrem • any 97 my faith or authority of the Scriptures , Sed ex cariftetu. kFoxAS{s& dine habetur Ecclefiae, but from the Qfiome of the Church. Monuments This being the confront dccirinc ofthe K Waidenjes ar/dt > ‘ 2 l °C a ~ Tebcritcs , that the poster of giving orders, and tmpofmg yfrhtm'tit. handes , belonged to Prefbyters as well as B flops ; and that Waidenjes ' B/f hops and UMintfers by Gods LaXv where both one • andC^I- noBfhop greater then any V ref by ter in honor, or lurif- did ton. a CMelanchton writes, That i/BiJ hops and Ordi- t ars 7• £> here t be re- fore there is a true Church,then miff needs be a right of E. leCling and ordaining Ministers. One thing hath made a difference of Bifhops and Paftors, to wit, ordination , be- caufe it is in flituted that one Bffhop might ordaine in many Churches ; but feeing that by Gods La'to there are not divers degrees of a Bifhop and Ta for,it is evident , that an ordi¬ nation made by a Pallor in his Church , is ratified by Gods Law. Marflius Patavinus in bis Defenfor is Pacts, pars 2 . c. is. 77. affirmes: that thepo^er of ordaining Mitifers belongs not to Preifis and Bifhops, but to the Magif rates and people, 'ft here hee is to be a Minifer. That every T’reifi ft h by divine Authority, ntiy confer re all Sacraments, and give orders , as w :11 m tny Biff) op , and that, ever y Freifts bath poWcr to ordains mi promote any beUever that is billing to the T re if hood, hie prepiring him zSM’ni(tertally, but God find)' ant immediately imprefing the Sac cr do tall po'dver or character j the origin all property ofordaining Mi - niders being onely in Christ.the head oftheChurch. f Hype, rim thus feconds him: The impofition of hands in the election of a B if hop, or Deacon to approove the per/bn to the multi- tudeorpeople,W-esmade bjTHE E L D ERS } in whom this authority relied , whence it is here added , With the laying on of hands by the authority of the Preifthood , or as it is morefgnificantly andplainely exprejfd in the Greeks ,wtb the laying o:o of the hands of the Pref bytery, which fignifietk the whole Congregation ofElders. And they agreed, that bet who was ele&ed by the Confent of many, fhould be commen¬ ded and. approovedas afitt per [on,by this external!fgnej. ^In i.Tim. which is thus backed by * Hemingius. The impofition of (he hands of the Fref bytery,,is the right of ordination,which the S E N AT E [or Eldership ) of the Church , or other i Argum.& Miniflers of the Gof ell did adminifter . t Tezelm De Otiin. thus jumpes in Iudgement with them; Heretofore the autho- Mmiji. in rity ofordination was granted to Bifhops at least by a bti- Argum.i. mine initiation, yet fo that the faff rages of the Cnurch might not be excluded from the Election of CMiniilers, and that the other Prefbyters fhould be prefeat at the exami¬ nation,and lay their hands together on him, that was to he ordained: For fo Grattan Can. V ref by ter. DiUinii. o.}. when a Vrefbjteris ordained, the Btfhop blefing him, and holding hit hand upon his head , all the Fref pytets & 99 Iike'fcefe that are prcfcnt, [hall hold then hards upon his head clofe to the Eifhops hands • 'Vihtcb icried to this purpofe , that the Prefbjters HkfVife might re¬ tainer the right cf ccnfccrating,cr ordaining to them¬ selves , end that Jo they might manifcfl , that ^ hat ever the Bi/hop JhouId doe , that bee did it net in hts Odette name a!cne , but in the name cj all. t Mufcului \ Led Com- Harpes on the fame firing thus. It mufi plains ly be CCTl ~yJ r ^f‘^f t r ' fejfed, that the CMtmJUrs of Qhrijl heretefoe neter eledied , the people being prefer,t and an/enting , and they were ordained and confirmed OF THE ELDERS, bj the laying cn cf hands. This forme of chcling t&dinijlers is ApoftoUcall and Uvjnh-, which hee there prooves at large: *DeEeMU The Tgoble * Mornay , Lord of flejijs , fings j t the fame tune in thele wordes : Thefe things being thus grooved , we adde , that the right of laying on of hands, and ordaining CM iniHers , is in the poVscr of the Prefbjters. And tbisvertly concerning therMpofles o dayes is more apparent , then that it can be fo much as doubted of : For faith Paul to Timothy , Negletf: not the gift that is in thee by the laying on of the hands ofthe Prefbytery, that is , of the Prefbjters or Elders. Moreover Timothy himfelfe ordai¬ ned Elders , and fnce a Bifhop and a Prefbytcr are names of one and the fame function ; if the Bifhops challenge this right to themfelves from the Scriptures , the Vrefbyters a/fo may doe the fame : but if they deny it to Prefhyters , in this very thing they abrogate this right to themfelves . 2 rind ifUagift. ^nd virt h 'b** “good forme of. argument in the Sentent. Church in Attcientaim.es i t Hetcan Kaptife v bee can con* /■4 c. 2). f crate and adminifier the Sacrament ojtlfe Lords body (which are the greater an more honourable A£|ipn$,because Sa¬ craments of undoubted.truth , of Higheft note and ufe , ) There j.ore bee may lay on hands . (which is 'leffe • ) Now in ordaining Elders , the Bifbop laying bit hands on the head ofthoje that Vcere to be ordained , the reft of the Elders t- cent. 1,1.2 t*X**t/e did lay on their hands , as appear es out of mam c 6.Rttuiyo-places of the Decrees. The f Centnrie writers informe OrTmiL l f’ rh r At in the ^pofiU/iimftheUpoftkselidmt aflame to • Co/.y 02. f f mjmv/ tbe'po tyerpjdt&iing and or damn gilder r ani Deacons } but they had the fuff rage and confent of the whole fburch ; and that they , and the other Minifters of the Qhurch ye ith them , did ordaine and lay hands on them- ^thich they proove.by Ads. 6 . and. 13. and 14. and 19. and 1 .Tim.4.i4.Andin the 2 - and third Century following/. 6 . they affirme, that Bifhops andfiAALinifters were thus defied and ordained , the Elders as well as the ¥>tfhops laying their * Harmon, hands on them. The "* Confcjsion of Saxonie c. 12.. Confejf. pars re f 0 ]ves expreflyV / hat it belongs to the Minifters of the 'toord to ordaine Minifters lawfully defied and called. The ni^Bucfm & ofPeirocomia , Artie, /fin Polaad)decreed: That DsGabem. n0 Patronfhottld receive or admit any Mini (ter to teach in Led. p.6 iS. hdCkurchymleffe hce were lawfully ordained andfent by the Superintendents , and the Elders j and had a good and cer- taineteftimoniallfrom them; and the Synod of wlodifa- niaiSrtic. 8 . and 12. determines thus: The or din a. tion and mifion of 'JMinifters into certaineplaces to 'toorle in the Lords vineyard , is committed to the Superinten¬ dents } and to the Ministers and Elders their Colleagues; [net (notto Bifhops :) Georgius Major in his Enar. in Philip, 1. I. writes thus: That there is no difference hetVceene a 1 'tfhop and aTrefbjter, Paul wit nejjtth in the i,Tim.4, l^.^Lere heefaith : Neglcd not the grace that is in thee &c. by the laying on the bands of the Prei by tery; that is , of the Order or (olleadge of the Prcj byters,by Dibich tttsfhewed, that Timothy was c ailed and ordained to hit Epifcopal! fum- fiion by the lrefbyters. Therefore at that time P RF.S- B TTERS HAD THE RIGHT OF OR - "T*I. NATION, as 'foell as Bifhops, neither 'fras there any difference betweene them. To thefe I might adde, Mafter John Calvin, Y feat or, Mar lor at, an d moft other Proteftant Commentators on the x. Tim. 4. 14. Zwhites 'Dcjlatu peccati Jr Legal, in quantum Yrxceptum, Chem- t Presbytery nitiws Loc. Com.pars 3, De Ecclef. c. 4. and Examen Con _ ^ E (f cn P‘ cilij Trident ini pars 2. VeSacram. Ordinls,pag. 224.22 yZoyZsM &c, (where hee prooves at large ,) that the elcftion and voca- e ^> aiminU tion of Ministers belongs to the whole Church, to the people fi c a nt as well as the Clergy s that the impofition of hands belongs Aw mAo’' to Vrejbyters as well as Bifhops. Wherefore the Apostle & eadem ™- l t.t’, I- Tim. 4. 14 .that Timothy had a grace and a B dePrcfbyuri guffi by the impofition ofhands, neither faith hee onely of impofitionts my hands, but hee addes alfo of the Yrejbytery, that there manm ™ m f (mildbe thought no difference, whether any one Vtere or-°m dtiined eithet by the Apcftles 3 or by the Elders .) Aftto-babent. nius Saieel, Rcffonf. ad Repet it a Turriani Sopbifm. pars \ 2 ctn' 2. Locus 12. B cza de diverfi\Miniffrorurn Gradibus. In- PnfhZ. n'tus Qontr. $.l.c. 3. n 3. Qhamierm Yauslratia Qathol. D fi na -2$. 2 '? e ° £C,4m ' Vcntifc. d. with fundry t other writers dm PdZtu of the reformed Churches , who averre and prooveagainft the Syntagm. Papifts, and Iefuites; that the power of e left ion and ordina- Tfko1 ' l -7. t i m of Miniprs by the word of Cod, belonges to the whole Church and Congregation , andtheimpofum of hands to Miniflcrs , Elders , and Prefbyters a* well as to Bifhops , and to Bifhops tncly , as they are Miniprs. But hee that hath handeled and prooved this mod largely and fully of all others, is Gerfonim Buccrm de Guber nation^ Ecclefi* ( beingananfwetto Bifbop Dovtnbams Sermon ofB'tfbcps) p. 261.262.28$. 287. 292. 294.299. 310. 3 t8. to ^6 y. 464-465.49 3-4^^ •4S > 9^ 524,61%. where this point is fo learnedly and fubftantially prooved by Scripture , reafon , and Authors of all forts, that none, which read thefe paffages of his, can ever hereafter call this into que- ftion more. Having runne thus long abroade, I now in the laft place returne to our owne Church and writers. The Booke of ordi - nation ofMinifiers , ratified by two fever all Alls of far- . _ liament , namely 3. Ed. d.c. 12. and 8. Eliz. c. 1. and fubferibed to by all our Prelates and Minifiers, \byver- 3 7. tueof the 36. Canon as containing nothingin it contrary to the Word of God , exprefy orders, that 'When Miniprs are ordained; ALL THE M1N11 T E RS P R ESENf AT THE O RD IN atiot^ SHALL lat their hands together with the BISHOP ON THOSE TH AT ARE T 0 BE ORDAI¬ NED: And the 3 j .Otf.made in Convocation by the Bifhops and Clergy An. 1^03. preferibes, that the Btfhop before net admit any perfonto holy Orders ,fhall diligently examine him n the prefence of thofe Minifiers that fhall ASSIST HIM AT THE IMPOSITION OF HANDS. And if the [aid Bifhop have any lawfull impediment , bee fhall caufe the fayd Miniprs carefully to examine every f ' - \[ X f] l b f; J lii a fuchperfbn fo to be ordered. Provided that they Stiho f hall afift the Bifhop in examining AND LUTING ON OF HANDS,f hall be of hit Cathedrall Church jf they may be conveniently had , or other fuffcient preachers of the fame 'Diocejfe, to the number of three at the leaf. And according to this Booke of Ordination and Canon, when ever any Mini¬ fies are ordained, all the Minifies there prefent joyne with and aflift the Bifhop inlayngon of hands, on every one that is or¬ dained. So that both by the eftabliGned Dodtrine and pradtife of the Church of England, the power of laying on hands, and right of ordination , is common to every of our Minifies, as well as to our Bit hops; who as they cannot ordaine or lay hands on any without the Bifhop, fo the Bi! hop can ordaine or lay hands on no Minifies without them j fo that the power and right of or - dination refts equally in them both. With what face or fhadowc then oftruth our Prelates now can or dare to Mono¬ polize this priviledge to themfelves alone, againft this Booke of Ordination, their owne Canons, fubferiptions, yea their owne and their Predeceflors common pra&ife to the contrary (which f perchance their overgreat imployments in tcmporall bufineffesSc Amcy.Di~ lecular ftate affaires, have caufed them wholly to forgett , at £«- leaft not to confider : ) let the indifferent judge. But to f cc kf paffe from them tofbme ofour learned writers : Alcuvinue / * De Divinis Off cits c. sj. writes; that Bifbops , Pre/by- 29.1.3. li¬ ters , and 'Deacons were anciently,and in his time too , c c 'f So f t ‘a Cm * elePled by the Q er 2>y ar> dpeople, and that they 'toere fix. 6.1 f. prefent at their Ordination and confenting to it. That £.7.8.9.17. the Vtfhops confecration in his dayes tifed in the Church of Rome, wherein two Bifhops held the Go fell or ^.36. Ncyp Teftament over the head of the Ybifbop con- 45 , -^*4 fecrated , and A third uttered the blefsing , after Vehich the other Bifhet; prefent Uyde their hands oncA.nJ.3. J 1 C. II. IJ, 36. Gratian Dijlinct. < 53 - 7p. Appendix ad CatAogum Tf. Veritm. - - his hit bead, was but a Novelty , not found in the eld or ne'ty Tcf ament, nor in the Roman tradition. And then het pr coves out of Hiercms Epiftle to Evagritss , and his Com¬ mentary on the ftft to Titw, that the ancient confecration if BiJhops, Vcas nothing elfe but their tleclion and inthro- nizationby the Elders ^bc chofe out one of their company for a Rif hop , and placed him in a higher feat then the reft , and called him a"Bifhop, without further Ceremony fuft as an Army makes a Generali , or as if the 'Beacons fhould choofe one from among them and call him an Archdeacon , having no other confecration but'fetch,as the other Beacons had , being advaunced above others cnely by the Eleftion of his fellow - brethren , without ether folemnity. By which it is plaine, that in the primitive Church, Prefby- ters did not onely ordaine Prefbyters and Deacons , before there were any Bifhops elected and inftituted ; but likewife, that after Bifhops were inftituted , they ordained and confecra- ted Bit hops (as well as Elders and Deacons,) and that the foie ordination and confecration of Bifhops in the Primitive and pureft times , was nothing but the Prefbyters bare cledion and inthronization of them without more folemnity; So that the o- ther Rites and Ceremonies now ufed , are but Novelties. An- felme Archbifliop of Canterbury on the i. Tim. 4. 14. ex¬ pounds thefe words, with the laying on of hands of the Rref- byte ry in this manor, Hee cals that the laying on of hands which was made in bis ordination-, which imposition of hands was in the Prefbytery , becaufe that by this imposition of hands, bee received an Elderfhip, that is, a Bifhopricke. For a 'Bifhop is oftentimes called a Reef by ter by the Aposlle , and a Prefbyter a Bifhep, ( which in his Commentary on the third Chapter , on Phil. 1.1. Tit. 1. e .7. hee proovesto be but one and the fame in the Apoflles time and in the Primitive Church.) So that by bis refolution the impofition of hands and power of ordaining Elders and Bif- iojr hops, belongs to Prefbyters as well as to Bifhops. Qur Eng- lifh Apoftle wi fohn- Wickdiffe : y and hisGoastsinpag;- ^ Fitzra/phe , othetwife callie'd ■R}chatdm\nsf)mnckwH* dbtfA - Kqvrtln'c!$. Inf hop and ‘Primate of -vlrdma'fh in Ireland*, if we befoeve of* be Papa.. '• tbercirwf vvn/iwff;, or 0 Thonsae-Walden , who recites c - 1 f* their Opinions, arguments ; and takes a great deale of paines (though in vaine ) to refute : tbem : affirmed and taught: ^ Qthcfi.' - ' ■ ' Armenortm. Fir ft, that in the dcfed of Bifhops any one that was. /. n.c.i. buti meere Preift , wasfuffieienr to adrhiniftcr any Sacrament^ 8. or Sacramentals whatfoever either found in Scripture, oradded .fince, Tomcz c.6o ■ ■ Secondly y That; one who Was but a meere Preift might <52.63. ordaine another, and that hee, who was ordained onely by a Tom. 1. fimple Preift, ought not to doubt of his Pref byterfhip; or to be 1 2. Artie. 3. ordained againe, lb as hee rightly performed his clerical! office, c * f 7 * becaufe the ordination comes from God, who (implies all de- feds. • - • • Mi-v.v.Civ.o iir Thirdly, That meere Preifts may ordaine Preifts, Deacons and Bifhops too; even as the inferior Preifts among the J ewes did ordaine and confecrate the High Preift, as Bifhops confecrate ___ ^ Archbifhops, and the Cardinals the Pope. Fourthly , T hat the power of order is equall, and the • fame in Bifhops and Preiftsand that by their very ordination they have power given them by Chrift toadminifterall Sacra¬ ments alike ; therefore to conferre orders and confirme children, which is the lefle , as well as to baptife /adminifter the Sacra¬ ment ofihe Lords Supper and preach the Gofpell, which* is the greater. '"■■■■• ‘ no. . Fiftly , That Chrift fitting in heaven hath given the power ofconfecrating and ordaining Preifts and Deacons, of Confir¬ mation , and all other things , which Bifhops now challenge to themfelves, to juft Pref byters; and that thefe things were but oflatetimes , even above 300. yeares after Chrift, felerved O and lo6 and appropriated to Bifhops onely by their owne Canons and Conftitutions , to increale their Caslarian Pompe and pride. * T om.i. And * Walden [is himfelfe ( who undertakes to refute thefe c.$6,Sitt.i> pr 0 pofitions ) faith exprefly : That no man hitherto hath denied, that Cjodman urgent cafe of neceflitj gave the power of ordination to any one that is but a metre Preitt , to wit,in the want or defid o f Bifhops. All the Archbifhops , Bifhops , Archdeacons and Clergy of England in their Booke, intituled The inflitution of a Cbnjiian man , fubfenbed with 'all their hands , and dedicated to King Henry the f. An. t j 3 7. Chapter of Orders , and King Henry the 8. himfelfe tn his Books filed , rr v T ' < r ih-;*': t;fod Secondly , That„the impofition of hands belongs to Mini¬ fters , as well as Bifhops f j. and that thofe who are ordained Mi¬ nifters in the reformed Churches, where they have no Bifhops, onely by the laying on of hands of other Minifters , are lawfully ordained. ‘Thirdly ,.T.hat this pofition,, chat the power of ordina¬ tion belongs onely to Bif hops, that thofe are no true Minifters who arc ordained without a Bifhop, is but a vaine ridiculous Fopifh Cavill. Our Prelates thereforefhould be afihamed to ground both their owne , and Titus his Epifcopall Hierarchic * U P on lt : ^ earnG ^ * writing againft BtlUu quxp.yc^. mine ^ f^i t h ; that, this text iff the i. Tim. 4. 14. makes very much againfithe adver(Stria; For from this place wee understand, . that Timothy,receiveth impofition of hands from the Elders,who at that time governed the Church by a common ffounc ellwand againft t Dumus, bee argues thus ; Luther, Zwmglius, Oscolatnpa - I'sSefttc dius, Bucer and others were Prefbyters; and Prefbyters by Gods * Law are the fame with Btjhops ♦ therefore they might lawfully or daine other Prefbyters ; Doflor Fulkcin his Confutation of the Rhemfh Tejktment : Znnot. on Tit. 1. Set!. 2. and Doitor Willet in his Synopfis Tapifmi., the 5. generall Controverfie cjmft . 3. part, 2 % write thus , Although in the Script urea Bifhop and an: Elder is of one order and authority in preaching the word, • (Zrc. vetan government by ancient ufe of speech, bee is onely called a Bifhop , which is in the Scripture called cheife in governement, to whim the ordination or confer at ion by impofition of hands was allway es> principally committed. Not that impofition of hands be* longeth onely to.him ± for the reft of the Elders that were prefint Mj ordination did lay on, their handle joy elfi the Bifhop did lay on his / " ’ " > ( • ' hmds ‘ + Contra Tnirxum — I op hands in the name of [he reft. We differ from the Papifls in this; They afflrme $ that not principally and cheifly , bat folely and whol¬ ly the right of confer atin a and giving Orders appertained? unto 'fiifhips. Tint concerning the power of giving Orders we Jay ;t hat though it were cheifly in the Apo files , yet the Paflors and Elders together with them liyd on their hands , Ads. 13. 3.4. and as 5 . Paul ffeafeth (sfhis laying on of hands , 2. Tim. 1. 6. fo hee make t to mention of impofition of hands by the Elderfhip , 1, Tim. 4.14. Andthe Rhemifls onihrvL place miflike not the prattife of their Church , that their Preifls dee lay on their hands together with the Hihop upon his he ad that is to be ordained . Whatelfe doth this flgnifie , but that they have fo me interest in ordaining together with the Bifhffp } The 4. Councell of (farthage (fan.$* ‘Decrees thus : Let all the Dreifls that are prefent , hold their hands next to the Bijhops hand , upon the head of him that is to be ordained. Againe Can* 14* of the fame Councell : The Btfhop mufl not give orders , but in the prefence and affemblyof theClergy, By this then it is manifest, that impofition of hands doth not wholly and foly belong to the Bifhops feeing the refl of the Slders were wont to lay on their hands likewise , or the Bifhop in the name of the reft* So that the Elders were not excluded* Dottor Feildmhis S.Booke of the Church , c.27. is of the fame opinion; where heeprooves out of Durandus and other Tapifls , that the power ofconfera - iion and order is not greater inBifljops then in any other Ministers $ - that the power of ordination was referred to Tflsopsyiot by any di - V ine,but humane Constitutions onely, rather for to honor the B;[hops preiflly place, then for that it might not be done by any other , and for the avoydingofconfuflon and fcbflme in the Church : Condu - ding : , that inxafe of neceffiyy^as^ are extin^ifhed by death j or fallen into hare fie , or obflinarely refufe to ordaine men to preach the W°rd and (J off ell of Chrifl flneerely , andthe like , then. ^JMimflers onely may ordaine other Minifies * without any 'Bijhops affijkmce.* And Mafter Cartwright m his Confutation of the Rh hTefktment ,on t he *X^Sed 4 1S * and on Tit, a. Sett, 2. pr oves , both by the Rhemifls owne “ .— - 0 3 prattifl ■ ( prattije and (jonfeffion , by the 4, Councell of Carthage, cited by them , and the Hiftory of Eraditts his ordination,who fucceededAu- guftine , to which fixe Elders , as well as two Bijhops were called , and by the text of Timothy itfe/fe , that the impoftion of hands be¬ longs to Elders as well as Bijhops,which hee manifefts to be one and the fame by divine inf station. Finally, acute and learned Teftor Ames in his Tellarminm Enervatns Tom. 2. /. c. 2. of the vo¬ cation and ordination of AT ini fters , Sell. 4. efre. De Ordinatme, Concludes thus againft 'Bellarmne, whoaffirmes, that the ordi¬ nation,vocation, and elettion of Bijhops and other ATinifiersofthe Church belongetb onely 10 Bijhops. Fit fit That it cannot belong lure Divino to Popifh Bif- hops, fuperior to Prefbyters in degree, becaufe they themfelves are onely , ve (juris ,vel injuria humana, of humane right, or ra¬ ther injurie, not of divine inftitution. Secondly , That the very a< 9 : of ordination belongs to di¬ vine Bifhops, that is, to Prel byters, in a Church well ordered. Thirdly, That as to the right force and vertue which it hath in conftituting the Minifter of the Church, it alwayes apper- raines to die whole Church; as the celebration of Matrimony re¬ ceives all its force and vertue from the confent of the parties married. Fourthly , That in corrupted and collapfed State of the Church, the Miniftery and Order failing; the very ad of ordi¬ nation , fo farre forth as it is necedary to the conftitutionofa Minifter, may in fuch a cafe be lawfully executed by the people. Eiftly , That the Ad of ordination is attributed to Pref¬ byters, 1. Tim, 4.14. And that the Apoftles themfelves did not ordaine ordinary Minifters, but by the concurrence and confent of the people, Ads. 14. 23. u III Stxtly, That in the primitive Church.which was governed by the common Counfell ofthe Prelbyters, before there were any Bifhops, the very firft Bifhops were not ordained by Bif¬ hops, which then were not, but by Miniftcrs. Seaventhly , That all the Councels, Degrees and Teftimo- nies of Fathers objeded to the contrary ,proove nothing elfe, but that the Ad and Right of Ordination partly by Cuftome, and partly by humane Decrees, was given to thecheife Prefbyter or Bifhop after the Apoftles time, not belonging to them by any divine right. Eight ly , That the impofition ofhandsisnot ablolutely neceflary to the effence ofa Paftor, no more then a Coronation to the e lienee of a K ing , or the celebration of a mariage, to the elTence of a mariage. Ninthly , That the power of Ordination,according to the Schoolemen and Canonifts, is not an Ad of Iurifdidion, but of fimple office , which Prefbyters may performe without any Commaundor Iurifdidion. Tenthly , That the Papifts themfelves teach, that baptifme conferred by any Cbriftian, though a lay man or woman j is good by reafon ofthe neceffity ofit , that a fimple Pref byter by the common confent of the Popith Dodors, may adminifter the Sacrament of Confirmation, orconferre any of the greater Orders, and that all the Pontificians teach with unanimous con¬ fent, that a Bifhop once confecrated, although hee be a Simo- niack, Heretick, excommunicate perfon or the like, may yet fir- mely ordaine others. Therefore a fortiori Godly Prefbyters, or the people and Church of Chrift,may lawfully conferre or¬ ders without the helpe or concurrence of a Bifhop. W hich au¬ thority of his ought not to be flighted as Schifmaticall or Erro- nious, it being confonant to the Dodrine both of our owne and otberProteftantwriters,Churches;W this bloke of his printed ; by Authority , in the univerfity of Oxfordi no longer fincei then Amo I If f p . It is evident then by this whole cloud of •*M ;wu in- w itne(Tes (to omit others) that the power and right of ordi- fofittoquid nat i on an d impofition of hands, (which fay th * Grail an , « fikm or at io nothing elfe but a prayer over a man ; and as f Aquinas fuper bom- Writes , (ignifieth onJy the conferring of grace , 'to hi chit Tr ?f g iven thrift 5 and not that JWnifters , (not Bilhops, Mama.Ami who are here but M inifters) give this grace, j and fo as pro- br.m p £r f or ^i n \Uers as ^ifhops both by divine and humane t/M T. 'Iirn. right and praciif ) belongs to Pre( byters and ordinary Mi- 4. Lett. 3. niftersas well as Bilhops ; therefore Bifhops- cannot be para- See Gerfini- molint Prefbyters and ordinary Minifters in order and Iurif- n Bl Gbe n di^ion > int,lis regard; neither will this power of ordination Eccl p‘z V7 P roove T ™othy or Titus Bilhops, as they now vainely furmife. — ts 5 / - Hence therefore I retort the obje&ion in this maneragainftthe oppofites. That power or authority which is common by divine right and inftitution to Minifters and Prefbyters as well as Bifhops, can neither proove Timothy or Titus to be Bifhops, or Bifhops to be fuperior to Prefbytersor Minifters in Jurifdidion , order, dignity or degree, litre divino or humano. But the power of authority of ordaining Prefbyters, M - nifters, and Deacons, is luch; as the premifes unde¬ niably evidence. Therefore it can neither proove Timothy or Titus to be Bifhops, nor Bifhops to be luperior to Prefbyters, or Minifters in Iurifdi&ion, order, dignity or degree, lure divino or htimano. ■Sixth, St Paul, in the 1. Tim. 3. and Titus 1- 6 . &c. J makes ... ii 3 makes a particular e mmeraticn and recitall both of the qualifica¬ tions , and ojfces of a Bi [hop j But among all i'cfc, heefpeakes not a word concerning the power of a# of ordination ; neither doth bee rrake it apart of a Bifhops qualification or duty tobe apt and able difcreetly toconfent orders,as heedoth particular¬ ly require, hee * fhou/d be aft to teach : How therefore this * I,T,W * ihould be a cheife property, or principal! quality or a Bifhop , 0 2 ‘ I cannot yet conjedure , fince the Scripture makes ir none, but rather a property, an eft of the Prc\byterj , i. Tiro. 4, 14. Ads. 13. 3. 4. I f hall defire Bif hops therefore , to produce foroe divine Charter or other for this pretended Monopolize of ordination , which they would ingrofle unto themfelves alone (perchance to make the more advantage by it , it + being a fweet and plea (ant game at fome handle it now ,) before they lay />,> Provmc, any further Title thereunto, even as they are Diocaefan Bifhops. 1 . 3. de cen - film. cap. Seaventhly , I rouft informe our Bifhops for their lear- Sem f 1 i * I I 8 dfipue x62,z6x.i< 52-499 yoo.y 17.y18.j40.di2.623. P 2 liipcrio- * See God- tv in s cat*- logue of Bifhops. f , yo . 72. IT 6 fuperiority or precedency. If a BiHiop he presented to an or¬ dinary benefice , prebendary or Deanery , (as * feme at: and have beene by way sf Corutnendam. ) it accumulates nought to his Epifcopall authority, being inferior to the power of the Keyes, preaching and adminiftringth.e Sacraments, which every enjoyes lure divmo , as abfolutely as any Archbithop or Bilhop, can no 143^ 164. wayes advaunce Biihops in lurifdi&ion or degree above Prefby- 18^.214. tersand ordinary Minifters, no more then the Bi(hop of Dur¬ ham his beim? a t fount 'Talatine , with his large temporallfu- rifdiTHon^jk're exceeding that of all our A chbifhops and Bifhops, advaunceth him in ord er or degree above them all. So that this grand objection to proove Titus a Bilhop; yea a Bilhop fupe- rior in Jurifdi&ion, order, and degree to Minifters ; is both falfe and idle. 220.247. 249 . 27 )-. 34^.382. 422. 4 ?o 448484. yoi.yo2. 56S469. 470.fvt- 572.620. 62 1 .< 522 . 630 Obj. 4. If any objeift , that it is a received maxims in the w ^ Sch’ooles , + tip at hee which ordaines is greater then hte who is or - ■f hod wins dainedj and that the Apoftle faith , that the lejfer is blejfedoftbt Catalogue of greater : Theretore Titus, and fo like wife Biihops,'who ordaine ^644”6> 7 knitters ' n p omt of Jurifdidion , order, dignity and degree. Cotmtfpala- Anfw. 1. I anfwer; First , that this obje&ion takes that for tine 14. if ^granted which l formerly refuted and evidenced to be a falfe- 16.18.19. hood ; to wit, that the power of ordination belongs onely to 2 4 * „ . Bif hops, not to Pref bytersj and fo is build on a falfe iandy foun- TieClericK dation. ... _ . . . , . l^quefi. 2. Secondly , I anfwer ; that this propolition , hee that ordai- *Contrahte- neth or confecrateth Minifters is greater in Iurifdicftion, power, refes l. 3. or J er } or degree, then the parties eonfecrated and ordai- Fom-iAxr. net h . j s a notorious dotage and untruth, broached at firft by 7(0.760. * Epiphanius , to confute Aenas his orthodox opinion , of the pa- ■fDeCleri- tity of Bifhops and P'efbyters ; audfince thattaken up at fecond cis.l. 3. hand by 4 Eellarmine , and other lefhites , the * C outsell of Qu : tjl.2. fSeJJh 23, DiSacramentoQrdim cap* 3. £2 Canon. 7. Twit, r i « 117 Trent , f Bifbop r Do\vnh/trt), with other Patriots of the Popes ^ and Prelates Monarchy ; andlaftofall (like Colewom twice, Apill 17a fodde) ulurped by all our ‘Prelates in their high Cjt/tmijfion at> An. 1608, Lambeth in their Cenfure of DoElor 'Bislwickj , who laid the this “ c ~ whole weight and burthen of their Epifcopall fuperiority and precedency over other Minifters , upon this rotten counterfeit p un ^ on Pillar, unable any wayes to fupport it, as thefe entiling demon- 0 fBtJhops 5 ftrations will evidence at large bejond all contradidion. and his de~ For firft of all we know, * that Cardinals and Bijhops at, this fence of that day , (as the people and Clergy ,yea the Emperor heretofore ) elett and confecrate the Pope ; yet they are not greater in order, Q Q rat i an dignity , power or Iurifdidion then the Pope, but inferior, and Diflmft. hee farre fuperior to them in all thefe. We p read, that Me- 79*6$. tropolttanes, Patriarkes , Primates and Archbishops are created,?Oration confecrated and infkilled by ordinary Bijhops , as the * sArch- 1 . “ bijhops of (fanter burry and Torkj , have oftentimes beene by the * $ ee Biflrops of London , Rochejler , Winchefier , S alifbary , and the quitates Ec- Itke : yet are they not greater in dignity , power, authority, cleft# Brit. place, or order then they , but fubordinate and fubjed to them whom they thus ordaine , in every of thefe. We know by dayly experience that one Bifhop confecrates and ordaines an- 0 fcanterbury other, and hee a fecond , and that fecond a third; yet all of them and York ?, are of equall power , and Iurifdidion , not different or diftind Malmefbmy in order or degree ; and fometimes the lattof the three in re- fped of his BifTiopricke , takes precedency of the reft, that ordai- ned him 3 as the t Bijhops of London, Durham , and Wmchefter Ma jp on fa doe here with u* , and other Bil hops in the like in forraigne parts. Confecration So feme * Miniflers joyne with the Bifhop in the ordination andpf Bifhop laying of hands on others , yet one of them is not fuperior in Iu-*” ^?^cr4- rifdidion, order, or degree to the other;Now were this our Pre- t - m 0 y j$p s * lates objeded Paradoxe true; the Cardinals 1 hould be greater in ^ ^ 1 ,H.8* order, power, and degree , then the Popes, the Bifhops, then c.io. Patriarkes, Metropolitanes, Primates, and Archbnhops; one r Q dination Bifhop, one Mmift then another; yea there f hould be fo many f fMmi a erJ: different degr ees 0 amoiiL Bil hops and M imfters ,as there are ^ Q m ^ ^ D p 3 fuecet- fiicceflive fubordinate ordinations $ which is both falfe and ab- furd* S 0 Hierom in his Epiille to Evagrim and on Titus, 1, with Alcuvinus, De Divine Officii* c 0 $ 7. affirmed hat in the primitive Church Bijhops were both Elefted and confecrated by T/efbyters; and 1 he Scripture is exprefje,that bath ^paul and Timothy were oy+ daimdbj the Prefbytery : AcSsij. 3.4. 1. Tim. 4.14, Ifthe Bifhops reafonthenbeorthodoxe ; it followes inevitably, that in the Apoftles times, and the primitive Church Prel byters were fuperiorin lurildidion, order and Degree to Bifbops, yea to Paul and Timothy, the one an Apoftle , the other an Euan- gelift; and not Bifhops,Lordsparamountoverthem,as they now pretend; and then farewell their Hierarchy which they fo much contend for. The Archbifhop of Canterbury (who ftood much upon this argument at Dotlor Hattwickj Cenlure) both crowned * g ee our Soveraigne Lord King Charles , and baptifid his fbnne Prince tjuitates Ec- Charles \will hee therefore conclude ? that bee is greater in power, clef. Brit 4 & authority , place, and lurifdi&ion then they ? The * Archbif 1 GodtvinsCa - 0 f Canterbury , have ufually crowned and baptized the Kings of Sngland,at;d the dArchbifhops of Rhe ernes the Kings of France-, will they therefore inferre , Ergo they are greater in power, ratavinm dignity, and authority then they^as the f Popes argue,that thy Defcnjons are greater then the Emperors , becaufe the Bifhops of Rome have Pacu'.pars.i.ufiiaiiy crownedthe Emperors ? Are the Princes Ele&orsin Ger* Ct z 5 ' many greater then the Emperors ; or of Poland, Bohemia, and Sweden greater then their K ings; becaufe they eled and create them Emperors and Kings ? Are the Lord Major of London and Yorke, or the Major of other Citties inferior to the Commons; or 1 heLord Chauncellors of ourVniverlities of OxfordandCam- bridge, lelfe honorable, potent, and inferior to the Dolors, Procters, andMaftersofArts; or the beades or Mailers of the Colleadges and Halls in them , fubordinate, or lelfe worlhipfull or eminent then the fellowes, becaufe they areele&ed , confti- tuted and created by them , to be Inch ? Are the Knights, Ci¬ tizens and Burgefles of the Parliament, not fo good as thole freeholders, Cittizensand Burgcffes who eledtbem ? or the Mailers f r? ir 9 Matters of Companies inferior to thole that choofe them. I ^*DirdpSer- not, as all muft grant, how is this maxime true; thathee who mt J ^ ; 1> constitutes, or da i ties, or confecrates another, ts greater then the BiJ'hoplcweh parties conjl tinted , ordained, or confecrated, and that in Iurijf- Rpfilj toHar- dittion, place, order, and degree ? Our ‘Popijh Preifts ateding^rtic. not afraid to proclaime * that in their conjecrationofthe Sacra- p mint, they create their very (/eator , and make no leffe t^Webr 4.1^ Cbnfl himfilfi : are they therefore greater and higher inorder 1 j.c.S.i. anddegreethenCbrift, the t great and onely High Pratt , the c. 9.11. * cheife Shepheard , and Btfhop of our Soules , whole + Ktcar and Substitute the Pope himfelfe doth bat claime to be ? Certain- 20 / p et2 * ly if this their Popilh propofition be true, they mutt needs be 2 y" c.y.4. * one order and degree Higher, in point of Preifthood , then John. 10. 1. Chrift himfelfe ; who mutt then lofe his titles of High Preift. <3c. and cheife Shepheard, becaufe every Matte Preift will bepara- £ mount him; in that hee not onely confecrates, but creates htm Se p o2 ^ t too. We read in * Scripture , that Kings , Pretits and Pro. n e u arm / De phets were ufually annointed and confecrated to be fuch with oyle; PonttficeRs- tvas therefore the oyle that confecrated them, greater or better ™ a ™- then they ? Are the font and water , better then the children y** l -* 9 y baptized in or with them? The Diadems better then Kings, ^ ^’ 6 ~ became they crowne them ? or the very hands of Bifhops and x.samii o* M inifters, worthier then Minifters ordained by them? Ifnot, i.c.26 6. then are not Bifhops greater then the Minifters which they or- **♦ Pf 9 Z * daineorconfecrate, iince both are but inftruments , Servants not prime original! agents , Lords , or Supreme ablblute s ^ adors in thefe feverall confecrations and adions. If we caft our eyes either upon nature or policy , we finde this propo¬ fition of our Prelates a meere falfehood. In nature we fte , that a man begets a mag ; an horfe an horfe; anatte an atte; a dogge a dogge &c. equall one to the other in nature, quality’, fpecies , and degree ; the fonne being as much a man as the Father , the colt as much an horfe as the fteed that begott h> In Civill or Politique Con- ftitutions , wee fee the like ; In our Vmverfit.es, Do&ors and Profeffors ofDivinity, Phifkke, Law , Muficke, create other Do&ors of the fame Profcffions, equall to them¬ felves,and as much Do&ors in thefe arts as they; oneDo&orin each of thefe , being as much and no more a Do&or then another, fave onely in point of time or antiquity, but not in refpe& of the profeffion or degree of Do&ori hip it ielfe; yea * B if bop * every Mimjtcr made by any B'flsop, it as much at truly and ful. Jewell. Reply lj a Alim Her at the Bifhop, at all ‘Trotefktnts and ‘Tapills doe ac- t0 bUrding t knowledge ; therefore the fame in fpecie with , and equall to a Divif.^6 Bif hop: Our Bif hops pretend themfelves Spiritual! Fathers,tnd jg. * they call the Minifters ordained by them, Sonnes ; So t Epi- Richardus phanius long fmce argues againft sdenus : As therefore in na- Armachatiut turall generations, a man begets a man , a beafta bead; and in Ar>nemritm Civill refpe&s; a Gentleman begets a Gentleman; a peafant a /.ii. c.i.2. peafant See. butnotamana bead ; abeaftaman, aGentleman 3.4. y. 6.7. a peafant, nor a peafant a Gentleman; So Bifhops when they $ Contr■ bar. engender naturall children, beget them as men, notJBif hops,and l-l. har.7y. their children are as much men as themfelves ; when they fpiri- tually ordaine or engender Minifters, they doe it onely as they are M inifters not Bifhops,and thofe they thus beget and ordaine, areas much Minifters as themfelves; when they beget and con- fecrate Bifhops, they doe it as they are Bifhops, and thofe thus begot and confecrated are as much Bif hops as themfelves. Since therefore they ordaine Minifters onely as they are Minifters,not as Bifhops ; as is cleare ( elfe it were anunnaturall an incon. gruous, yea a monftrous generation,to beget one ofa different kinde, order, quality and degree from themfelves, and as much as if a man f hould beget a beaft, an horfe, or an Affe,) and fince every Minifter is as much as compleatly a Minifter every way as theBifbop, and Minifters who ordaine him; how this propo¬ rtion can be true; that the ordainer is higher in Junfdiclion , or different lure divino in order or degree from the ordained, I cannot yet perceive, neither can our Prelates ever make it good. W e know there are now divers Minifters living, who not only bapti- zedjbut likewife ordained fome of our Bif hops to be Minifters, and r ii ■-- and layd hands upon them with the Bifhop at the timeoftheir ordination ; yea every' of our Bifhops, and Archbifhops were firft ordained Minifters by Minifters before they were made Bifhops or Arcbifhops. And the firft Bifhops that were ordained in the Church paramount Minifters , were ordained Bifhops by Minifters , as Hierom writes in his Epiftle toEvagrius, andallfince acknowlege out of him. Are tbefe Minifters there¬ fore in point of order , honor, jurifdi&ion, dignity and degree, greater then our Archbifhops or Bifhops ? If fo , then the con- troverfie is at end ; and the truth moft apparant; that our Mini¬ fters are greater and higher in degree then our Bifhops and Arch- »' bifhops, not our Bifhops and Archbifhops higher, greater then they,as they vainely contend. If not, then the Prelates maxime, : on which they ground their Hierarchy , is moft falfe , in that fence in which they urge it; and fo will yeild no fupportation to their Hierarchie. Thirdly , Ianfwer, that this Propofition of theirs is war¬ ranted by no’ Scripture, nor backed with any convincing rea- s: fon drawen from Scripture; therefore it prooves nothing either i for Titus his Epifcopall authority; or for Biihops fuperiodty I above other Minifters, by any divine right, or inftitution : As for that text of Hebr. 7. 7. ( ^nd without all contradictor, the £ lefer is bleffcd of the greater 5 ) it is nothing to the putpofc. Firft , Becaufe it it not fpoken concerning ordination, or of one Minifters'ordaining or bleffing another , but ontlj of Melchi&edecbs bltfmg of sibraham , and Minifters bleffing of the people , as the words and t all Commentators joyntly ^ AnfiimUS , tt fi ific + IrldytHO y Secondly, Becaufe it is notmeant ofMinifters, who bleffe banus, Pn- others onely Minifterially , mflmmentally , by way of duty and fervice, as Bifhops ordaine Minifters.; not inherent ongmall au- *J Daw f thority,for then Minifters fhouldbe betterand greater thenGod 5 Dickfonon whom they bleffe and prai'e, butofChrifthimfelfc ; who by tins text. J Q_ Mel- 124 Ob}. y. Ifany finally object; that the Fathers file Tittup the firft 13’[hop of Crete , and 7 imothy of Ephefns,there(ore they were Diocasfan Bifhops, and fuperior in Jurifdidion and degree toother Minifters, andfoby confluence are otherDiocasfan Bifhops as well as they . Anfw. i. I anfwer : Firft .that neither SSPaul nor S.Luke] who lived in their times, and knew them farre better then any Fathers or writers fince , ever fo much as once terme or ftile them Bifhops; much lefle, the firft or foie Diocxfan Bifhops of Crete, or Ephefus; which no doubt they would have done , had they beetle in truth Diocaefan Bifhops there; and the name , the office of a Bifhop fo honorable and fublime, above that ofMi- nifters , even lure Divino , as our Prelates and their flatterers now pretend. Their teftimonies therefore (who ftile them f i.TitfJ.4. onely + Ministers or Euangeiifls ,, never Bifhops) is to be 6 . 2. Tim. preferred before all Fathers and writers, ( who ftile them Bif- hops) being neither acquainted with their perfons or fundions, 1. sej.j.z, nor living j n theif age. Secondly, No Father ever ftiles them, or either oftbema Diocatfttfi or foie Bifhop of Crete or Ephefus, (the thing which ought to be prooved,) but Bifhops onely, as they ftiled other Minifters, the name the office of Bifhops and Prefbyters being- bat one and the fame, and promifcuoufly ufedin the Apoflles times ; all Prefbyter-S being then called Bifhops , and all Bifhops ‘Prefby¬ ters • as us evident by Ads. 14. 2,3. c. 20.17. 28. Phil. r. x. r. Per. y. 1. 2. 3. Tit. 1. y. 7. 1. Tim. j. 1. 2. 3. 2.Iohn. 1. 3. Iohn. 1. Philemon. 9. with all ancient , all moderne Commentators on thefe texts. Whence the Tran flams of ear last authorised Sng/ifh "Bible, affixe theie (fontcuts to Titles, 1 . 6, to 10, ( whichtreatesofthequality of Bil hops) Hoxv they that are to be chofen MIN l ST S R S ought co be qualified: * 3 -E d.6. And the Booke of ordination of Ministers ( confirmed by two 5^.' * fever all Acts of Parliament) preferibes the i.Tim.c. 3. V iz,x e. It • Ads r - * u lif Ads 20. and Titus I. to be read both at, the ordination of Mini¬ fies, and Confecration of Bifbops : andfo intimates , yea inter- pretes, that Bifhops and Minifters in the Scriptures language, are both one, in name, and office, and were lo reputed in the Primitive Church. i it. 4 in I! k ;k t * Cj 4 % 'f. i Ik f i; Thirdly , The Fathers ufe the word , Elders and Bifhopsf promifcuoufly ; calling Elders Bifhops , and Bifhops Elders; Henc eTaptas the Auditor of S.John , and companion of Toly- carpus, writes thus in the Preface ofhis bookjs-, * It fit all not ¥ £ u r e y m feeme grievous unto me , if that 1 compile in writing , and com- Ecclef.HiJi, mit to memory , the things which / learned of the Elders. If any Lye 3 9. cameinplace which was afollower ofthe tApoHles , forthwith / demaunded the words of the Slders : what Andrew , what Peter , what Philip,what Thomas, or lames , or John, or Mathew,or any other of the Lords Dtfciples ; what Arifion , and the Elder John, Difciples of the Lord, hadfdyd. Here hee ftiles, not onely Bif¬ hops , but even Apoftles Elders. Poly carpus, his companion and Coastanian , writesthus in his Spijlle to thePhilippians, + Be ye ^sibliotRa fubjdl to Prefbyters and Deacons as to god : let the Prefbyters patrum. be ftmple and mtuifull in all things. Now thofe whom hee Tom, 1, here ftiles Prefbyters, S. Taul exprefly termes Bifhops , Philip, D 9 ^’i 1.1. Jufiine Martyr in his fecond Apology, u r ed neither the name Bif hop nor Elder, but termes the Minifter onely, Hee who is felt over the Brethren, Hee who holds the firfl place, in reference to the Deacon,who held the fecond place, not to any Elders of an inferior order to him. And leaftany one fhould dreame that lupine Martyr here fpeakes of a Bifhop , Tertullian , who lived neere about that time, or within few yeares, in his * Apo- * . , logy writes thus; ‘Prafident nobis probati quujue Seniores , &c. c.yy.Tom.l Approoved Elders ( not Bifhops ) are fett over us,having obtai- 92. ned this hey or , not with any price , but by a good tejiimony. 693,694. W hence it is evident, that in bis age,every Chriftian Congrega¬ tion had divers Elders , (not one Diocxfan Bifhop ) over it to feede and rule it 5 accordii g to the pratlife of the Apoftles times , Ads. 1 26 * Srebiiu ASts ‘ x 4 2 3 e Church which now thou governefl, l meane tAnaclc* ' ties, Tins, Hyginus, Thelefphorus, and Xyjlus , neither did ft obferve it themf^ves, neither left they any fuch commaundement * Eufebius un t 0 p of ferity. And the lame Father Adverfus H arefes. 1 . 3. c, 2. & l- 4. c- 43.44. oftentimes * ftiles Bifhops Elders-, and Elders ■ 7 -c- . Bifhops 5 making Prefbyters eejuall to Tiptops in all refpetts, and Succeffors to the Apoftles as well, as much as they. So Dionyfm Alexandrinus, in his Epiftle to Xyjtus, Bifhop of Rome, about the yeare of Chrift, 240. writes thus : There was a certaine Brother, reputed to be of our (fhurch, and Faith, very aged , & pnufquam ego etiam creatm Epifcopus , and created a BISHOP before, I was, and as I thtnkje, before bleffedHeraclas was made a Bifhop. Where hee exprefly termes this party , who was but a Minifter or Prel by ter onely in that Church , A BISHOP , and faith ,hee was created a Bifhop : when hee was but ordained a Minifter. And that famous Cjregory Naz.tanz.en (three hun¬ dred and leventy yearesafter Chrift,) in his 9,13. 1 y.21. and 2 a. Orations,p. 262. 337. $68.47). M Elias Cretenfts , in his Commentary on thoft places teftifieth , ufeth the words Bifhops and Prcfbyter , reciprocally ; fitting Bifhops Prefhyters,and Tref¬ byters 'Bifhops-, making them all one by divine infHtution , and different onely by humane invention, which difference hee heartily p Se e hishfe wifheth , were abolfhed ; himfelfe ’ f voluntarily reftgning his before his Rifhopncke of Confkintinople , to be take himfelfe to a more private worlds. • . flni { r - « I?. I l!l5 ®c (>' 1C k * U{ 3 k' > 4 ‘ f f ft ms : a* 4 It k A r » Jfc 4y and retired life. The Fathers there fore thus promifcuoufly ufi ng the name Bifhop and Pref by ter , ftiling B: flops Prefbyters ■ and 'Trefbpers % flops, and making both of them one and the fame by divine inftitution , their ftiling of Timothy and Titus, Bif¬ hops of Ephefus and Crete, is no argument orproofe at all, that they were Diocaefan, or foie Bifhops of thofe places; or that they had, or any Bifhops now have, by divine inftitution , any Epifeopall Iurifdidion and preeminence over other Prefbyters orMinifters, or were fuperior to them , in order, dignity or degree. Fourthly, TheGreeke word**-'****-®', which we Englifh, a Bflop , fignifies properly nothing eUe , but an Overfeer , Survayor, Superintendent, or nAdminiSlrator , and is oft times applyed both by Greeke Authors , and the Septuagint qreeke * Aretha. Tran flat or s to fecular offices * Hence, t Homer, ftiles Heilor ; T heolog Pro- the Bflop of the City : In-the Verfcs of Solon m DimoSlenes, blemata. Lo± Pallas is called the Bflop of Athens i Plutarch in the life of clll r *•' Numa, ftiles Venus the Bifhop over the dead, and hee there makes mention of a Bifhop of the Vejlall Virgins. Suidas records 84.18by the Septuagint;and fo ex¬ prefly ftiled by the Holy Gtoft himlelfe , and Englil bed by us, ASts i 20 Hi* ib fhoprickelet another lake-))** v De Vita create ( as t -Enftbitu records in his life ) inviting few Bffiops Ccnnantwi. % a Feasl, called himfafe a Bfhop in then preface, utter mg theft l, 4. c, 24. wor ds, Tou fayth hectare B fhops within the Church , but Jam con. fhtuted of Clod a Bifhop without the Church, Our New Tratiila- tors. Ads. 20.28. render the Greeke word ’- ; ™ (the title which hee gives to the Elders of the Church of Epheftu ) Over, feers : Luke. 19. 44. The time of Gods vffitation and overthrow of lerufalem,utermed ****?«» «* ’«««*««** «** &c.Luke. 1.6.7. 8 . c. 7.16. Heb.2.6. The Greeke word which we tranflate, hath vifiled utjs {m«-x£'4* T *.Whence the day ofGods gracious vi- (itation of his people to convert them to him in mercy , is called by the Holy Ghofl, 1. Pet. 2. 12. The day of vi- jitation; yea our very vibting of fick per(bns,prifoners,Orphanes ft Sou the and vviddowes, is termed by Chrift and the holy Ghoft himlelfe W °\ £r (though a mcere ad of charity , humility , and Chriftian duty, VulyBafil* not of Jurifdidion and LordlyPrelacy,) i™*4* <3 *.Math.2j. Epifi-S^ not j(5. 42, and lam, 1. 27. to vtftt ortoplay the Bijhops to nde in vi- pan a „d duty-, which the mcaneft Chriftian, yea women (though fatten like a u eable ^ G ff acre d orders) may doe and ought to performe, iZ buttT as well as any others. So intermedling with other mens affaires confidcr of or couetting of any other mens offices of what 6bndition loever, the miferable [ s terme d by theApoftle,! .Pet.4.1 y. the playing (late of tire M tt were the Bi{hop in another mans Dioces, Yea every Mmi- Cburcb & to ^ feedi and taking the overfight of his proper flock, isfti- tTStp led, the doing of a Bijhops office : and thofe Pref byters who doc Jewell ml thus, are not onely laid to be tm***,***. 1. Pet. y. 21. that is, neffeth in hit Men executing the office and duty of a Bifhop ; buthkewile {tiled, Defence of . t i at j s , trU e and proper Bifbops : a name given the Apology of ( , (and none but they in holy Scripture: A&. part. 2-c. 3. flUed , w the Bifhop ot our Soules, Dtviff . J j p ct , 2. 2 V, but not to any Apoftle , Euangeuft, Diocadan, p. 10 /• * or p rr— up tr other Prelate;^!? fu:’i being particularly termed , a Bijhip, broughoutche w ule >JcvV Te'lmsnt: Tie Fathers mike BiC- hops and Orerfeers all one , deriving the very mmi of a Rifbop, from a Greece vsrbs , which figmfiith to over- ^ Entmti/) . looke , Watch ,Wird f, or take care off. Hence + Angu- i n pjal.iz6, . Bin: writes thus ; Use didkecpe, bee W u core fall, bee did Tow.8 pars* 'Witch , as much at bee could, over thofe , over whom bee Z 7 f 7 f was fee. And Bifbops doc thus. For therefore an higher place is fit for Rif bops , that they m tp fuperintend, and as it were keepethe people „ For that which in Grecke is called a Bifhop, tbit in Latine is interpreted a Superintendent, be- can ft bee overfeeth } becaufe beefeethfont above. For like as an higher placets madefor the vineyard keeper, tokeepe the vineyard , foan higherplace aljo is made for the Rift bops. And 4 perilous, account is to be rendred of this high place , unleffc We /land therein With fach an heart, that m may he under yourfecte in humility , and pray for you , that hee who kpotves pour mindes , he e may keepeyous becaufe 'Wee can fee you entring and going out, butyet we arefoftrrc font feeing "What you thinfe in pour heartes , that we cannot _ fomuch as fee What you doe in your hoWfes. How there¬ fore doe 'We keepeyou like men, as much as we can , as much as We have received. We keepe you out of the of ice of dijpenfation , but We Will be kept together with you : we are as Pa fours toyou } but under that Raft or (Chrift,) we are Jheep together With you : We are as teachers to you out of this place, but under that one t SVLafter wee are Schollers with you in this Schoole. If We Will be kept bp him who was humbled for us , and is exalted to keepe us, let us be humble. # * Thofefet tlkmfelves before Chrift , who Will be high here , ^ reat Where hee Was humble t Let them therefore be bumble late* mark R bert* b * mB ' I 5° *Dc Chita ^ cre > tftkty will be exalted there , 'frh'ere hee is exalted, tcDdJ.iy> In another place hee writes thus; * For this caufe c - 19- the Apoflle faith, Hee that defires a Bifibopricke ^ de/ires a J^s’2* & 00( l mr k e - Idee 'frould expound what a Bifhojsricke is: g-fi 6 . it is a name of labour not of honor. For it is a Greece word, and derivedfont hence , that hee who is made an Overfeer , overfeeth thofe, over 'frhom hee is fet, namely by taking cart of them. For’ tul is ever, but «**«« is intention^verfeeing or care: therefore if we will render \*m*v$* in Latine, we may fay it U to play the Superintendent ;that hee may under - Hand 5 that hee is not a Bifhop , "frlto delights to be over 0 - thers , but not to profit them. On which words Ludovi¬ cos Fives thus Comments; The name of a Bifhop is de¬ rived eitherfiom irnmoma t 'frhichfignifieth toconfidcr ,or from Moxiznefutf t which fignifieth the fame and to vift. Whence Suidas faith , there were fomefentfrom the Athe¬ nians to the Cities under them , tvho fhould looke into their affaires: andthcfie'frere calledBifhops } that is ,as it were - Overfcers, o< Vi fit or s , and obfervers. In Holy Scriptures , a Bifibop is commonly called, a Watchman , as in Ezekiel. 3. 1 7 .C. 33 - 2. 7. andtn Hofea. 3. 1. The Lordcom- p/aineth that the Bif hops 'frere made a fnare on Idifp&b IN otethis. {ortnthe'toatcbto'toer, )andanct fireaduponTabor i as if hee had Jfoken of the t Bif hops of this age, who lay fnares in their Bifhoprickes and large nets to catch many, but not 'frith thinne holes or thr cades 3 leafi the gift Jhoufd fifrim thorough:yea now it is fo provided by the diligence and wits ofcertaine men , that without evafion of this Law , 4 B ifhopridge may not enely be la'frf ully defired , but like- 'frife bought and fold. S. ChrjfoHome in his Jo. Horn, upon the 1. Ttm, S. liter cm in his Epifilc to Evagrius, Be da on r - I on the t. Pet. 2. 24. An [elme on Phil. /. /. Aquinasfecun- dafecund.e: £Ju. 184. Art. <8. Petrus de Palude. de Potejl. Coll\ ApoJlol. Art. 1. ( all cited by Bifhop resell in the Defenfe of the Apologie of the Church of England , part. <8. c. 2. Divif. r.p. s*3 .) and S. Bernard alio, de Confide • ratione ad Eugenium, l. 2. & 3. joyntly refolve •, that a Bifhop is nothingelfe, but a Superintendent, Watchman, or Ovcrfeer, and that bee is called a Bifhopfiom hence,that heeoverfeeth ,furvaieth , or watcheth over others , with 'tohich all other ancient and moderne writers, 'to bet her for - raigne or domefrique , 'Tapijls or Yrotejlants accord. Heare onely Doctor lohn Yonet Bifhop of Winchefer, In his Apology againjl Doil or Martin , in defence of Preifts mariage , c. 4.5-. p. 44. 52. 53. 54. who as hee there exprefly reckons up Yopes, Qardinals, B IS- HOPS, 'Treifls, Monies, Canons, Friers, fryc. to be * fal. the Orders of Ant ichrijl* taxing them fikemfefcverely and comparing them 'toith. the Eujlathian heretickes for refu- fng to 'toe arc ufua l garments, and putting upon them gar¬ ments ofjlrange fafhions, to varj from the common fort of people in apparell: So hee thus determines of the name Biihop and Superintendent: And further whereas it pleafeth Marlin not onely in this place, hut alfo hereafter to geft at the name of Superintendent, hee fhetocth himfelfc bent to condemne allthings that be good,though in[0 doing hee cannot avoydhis open fhame. Who kno'toeth not that the name Bifhop bath Jo beene abufed, that when it tv as go¬ tten,the people ttnderftood nothing elfe, but a great Lord, that went m a white Rochet, with a wide f haven Cro'tone, and that carrieth an oyle hoxetoith him } where hee ufed once in 7. yeare riding about to confrme children , &c. K 2 How j 2 J $py,w U> bring tie fttf V few lit* ahttje 5 " 9 tlot better me&nestan be devfdt ken to uaththe.people their error bj another word out of the Scriptures of thefamefgnifcation: vhich thing hj> the tcrme fpennundint would in time have beene mil brought to pa/e. For the ordinary paints offuih as were called fufertnterdents , Jhould have.taught the people to under FI and the duty of their Bif hop,which you Fapi/s 'fcould faine have hiddenf. cm them. And the word Superintendent being a very Latine word made Fnglif h by ufej hould in time have taught thepeople bythe very Bty- mology and proper fgnif cation, what things Wats meant, 'frhcn they heard that name which by this ter me Bif hep, could notfawellhe done, byrtafcn that Bif hops in the tint of Topcry were Overjeers in name, hut not indeed. So that their doings could not teach the people their names , neitkr Vchat they/hould Icokffor at the ir Bif hops hands • Fortht name Bif lop ,J}oktnamongFi the unlearned, Jignifed to them nothing lijfe then a preacher of Gods word, becauft there ~^;as not , nor is anythingmere r are in any order tf Fcelefia jlicallperfons, then Jofeea Bif hop preach, ’'be hereof the doings of the Popifh ¥>ifkeps of England can this day 'tyitnejfe- but the name fuperintendent f hould make him 20. afburned ofhu negligence, andafraid of his idlenes, knotv- tng that S. Paul doth call upon him to attend to him/Ife and to his yshole focf of the flitch ft ntence our Bif hops mark thefrf peace right 'tieelf [that is yo take heedtothcmfelvcs, hut they be fodeafe, they cannot hearken to the fecond ) that is, to icoke to theirfock. 1 deny not, but that the name Bif hop may be Vce/l taken , hut becaufethe evilnesof the abufc hath marrid the goednefe of the word, it cannot be dcried, but that it was not amijfe to'joynefor a time another » ns word with it in bis place yrherby totfjlore that abufed word to his rightfgntfcat'tcn. And the name [uperinteredent is fitch a name ,i that t he Tapifs thcnfelvcs (faringfttcb as Uck^ bothleatning and'frit,) cannotfnde faultwithaU. For Terefus the Spaniard and an ArchpaptB , ( out of 'ft hem Martin hathJlolen a great part efhss looke) $ taking of a Bi/hop,faith: Primum Epifcopi munis rumen iplum prse fe fert, qued eft fpperintendere, Epifcopus erim Superintended interpretant , vifitans aut fupervi- dens, & c. That is to fay: The chafe office of a B if hop by interprctaticn.fignifeth a Superintendent,a Vifilcr , or an Over (ter. Why did net cJMartin Jhop , is thus promifeuoufly ufed, both in prophane and Chriftian writers, and in the Scripture it felfe , for any Officer ,, Over feel , S nrvayer , Superintendent, Watchman , Guardian , Rafter , or Keeper , as well temper all and drill, astccleftaficalt , and all thefe their offices (tiled in Greeke, a Ttfhoprtcke : fince every Paftor, W atcl man, Pref- byter, M inifter , Redor, and Curate, who takes care of, watcheth , feedeth , overlooked , mftrudeth, or keepetbtbe flock and people committed to his charge, is even in the Scri¬ ptures Language called a Bifhop , andfaid, to *B, to dee the office R 3 °\ * ' 4 SeeFuIke and Cart- might* Ibid.m. I34 of a B Jhop ; fince thofe who out of charity , love, or freindi fhipgoeto vifit others, who are either ficke, poore, Father- lefio , or otherwife diftrefled , and God himlelfe when hee comes, to puniih or (hew mercy unto others, are in the Greeke and Scripture phrafe , faid. , to vifit and play the ‘B’Jhops ; as ap. peareth by the forecitcd Scriptures, and by Adis, 17.36. Where Paul pud to Bamako* imrir$*(it 9 x tm tx

. Titus of Creet, the pretended Hierarchy of our Prelates htre fyyy.ej 00 divtno , built onely upon the *fandy foundation of thele two fop- * See the pofed Bifhops Bi(hoprickes,muft needs now fall to ruine; and they being now lifted up fo High aboue their fellow Brethren, ^ their fallmuft certainly proovevery great. They have long fince, t0 20.4. 2. : (many ofthem) forfaken God,the teaching of hie word,the chiefe i.tszS.Ifty. part + of theirfpirituall functions, banden themfelues againft his 22 12. i$.- : truth, Minifters, people, and the preaching of his Gofpel, which iron, , they fuppreffe and put downe in all placesjyea fuch is their defpe- y oc 7 l ^ I rate impiety ,that whereas in all former times of Plagues & Pefti-14,1 which provoke Gods wrath and judgements at c. ii 14. ' l ^' s prelent,& fo to bring them to repentance for them/,by their c14.11. preaching j or to pray agamjl the plague and other judgements of c. ly.y.c.T, 7 god, which now lie hard upon the Kingdcme , which thefe finnt's 3.4.C.42.2. have occafioned ; and hindring that publike weekely falling, 4.^20. oc , p reac hj n g gr prayer, which God by hi sjftdgements * now calls for x'lftj.22. at our hands-,they have made not onely the Kingdome,but them- 12.13. (elves efpccially , ripe for ruine. And being now for thefe their g Pf. 119. atheiflicall godles pradifes, their enmity to God, his truth, his 21 Mai 2 ^^full M inifters and people,their Lordlines,tyranny,pride,op- 3.9." * P re dion,wordlines,prophanes, and irreligion fallen under the ve- i.Cor, 16.' rjg execration of god htmfelfe, and h the curies of his people, who 22 . day and night crie for vengeance againjt them , as Gods fworne and bLuke. 183 mofl profejfed open enemies-, and having no divine foundation,prop, to 3 ■ • or pillar now left, wherewith to fupport their tottering thrones 2*8*4! S'. " anc * liters,needs much they fhortly,like that t High Preisl Ely, 4 1 .Sam. 4. fall from their high-towring feates backward , and fo breaketheir 18, neckjs , to the ioy of all Gods people, whom they now by their perfecutions and innovations 10 much opprelTe; Evenfo let all thine enemies perijh , O Lord ; but let them that love thee , be as the fnniie , when it goeth forth in his might. A POST* ■ 119 A T P O S T -SCRIPT. O U R famous * Martyr lohn Turvey, in King Henry the fourth his raigne,delivered this Pofrnon,touching Lcn ^ mm the preaching of the Gofpel; That whofoever receiveth x610. or taketh upon him the office of a Preifi, or of a Bi[hop, p. fo2. anddifchargeth not the fame by the example of hie godly convex fa- *Platina, 0 - tion and faithful! preaching of the qoffiel ,is a thafe , excommum- gated of God and of holy fhurch. And farther, that if the (furates vdaterar ffi preach not the word of Cjod, they fhalbe damned, and if they know c deft m y cJ not how to preachy hey ought to refigne their livings,[at t ‘l 1 ope Ce- Bonifac.%. lefline the fifth, * lAdelbartus thefecond,Bifhop of Prague fDaniel* Gcorgrn. the 6.and Firthfhne the ay. 'Bifiop of Winchester ffohn the f.and Thurftan the 28. Archbtfhop ofTorke, Thomas Spofford the ly.p.^6. 'Bifhop of Harefordybefides fundry others before-cited,reftgned their Godmn.Ca- Bifhopnckes.) So that thofe Pi elates, which preach not the Gofpell tatog.ofBpr. of Chnsl {although they could excufe themfelves from the doing p 2.i2.2i6 of any other euill) are dead in themfelves, are Antichrists and Sa- 4£o. 564. tans, transfigured into Angels of light,night theives,manejuellers by daylight, and betrayers of Chrifi his people. What then tnall wee mind. An. thinke or judge ofmany ofour prefent Lordly fwaying Englifh 9J2 Prelates,fotne ofwhich never preached fince rhey were made Bif- Kewbngenf, hops ; others, not once in a dozen yeares; ot hers, but once in a f De f acramt yeare or two,& that not in their Diocede to their people (where^ tCiI j ^ many of them never yet preached,) but at Court; few of them c.i. above once a quarter, or once a moneth at moft ? Where as*1*9,9. f S. Ambrofe, ?S< .^ugufhnej S.ChryfoJhme, gCyrill of lerufa - 16*20. *r. lew,with h other Bifltops heretofore,and iBffiop Hooper,and k.Bif- >\7 > hop Ridley in King Edward the 6. dayes , preached once or twice 4^ every day of the wecky without fade or intermiffion. Yea what thall [fHom. y. 6 . wee fay of thofe Bifhops, who now everywhere put downe^. 9 • r o. 1^. tCatech Or at- 7-& s 4 -& Cotech. Myfiag. 14 . h Socr.Eccl. HiSlJ.y.c.z, 1Fox %s & Monum p. 1366. k FoxAils & Monuments, f . 1f f 9 • See P nib lW *' l6 * 6, s 2 Le&ures x 4 2 . . . milits, of repairing andkftping cleans Churches , and of the Right \leeu bound v f e '°f t ^ e Church (which recite and preferibe thefe latter text , as ly Oath and mo& proper fori;) the (fanons if 7 i . p.19. & i6oi.Canon%z. duty to pro- And here I cannot but ftand amazed at thefe proceedings. For te'd anapre- t | c Surrogate will not endure the Church,neither to be or called d>of.ihe'rv>ht °fpf*J* r • but his Courthoufe caufing this Scripture to uji of tht be actually dafbed out of the Church; and the other will not Church of fuffer it to be or reputed an houfe of preaching ; neither of them the time and w jH admit thefe two textes of Scripture, to appeare therein , (no ^‘or^Bocs not on ^ ie ^' are wa ^ w b ere they are no hinderance) which inti- \) 0 !Ull on the ma te and declare it to be both an houfe of prayer and preaching jo. Sunday too. And if the Church muft now be neither an Oratory,nor an afterTrinity. Auditory , neither an houfe of prayer, nor preaching, though our f.448. p Homilies and q P ofl tilers define it to be both, l know not what repairing & tIie ? wi ^ ma ^ e ot ir > but (what they begin to make their Church- Coping houfes in many places) a direct denne of t helves , as our Saviour ciemeof termes it, or elfe an houfe ofr piping , mnfhelfie , daancing and Churches revelling : they having made the Lordlday facred Sabbath, fuch {■^°ff th f a day already; juftifying bothin their vijitation Articles and prin- ITpuyer ^ te ^ ^ookys ; That dancmg, piping, Mornffes , I Vakes x Ales,Sports Iff ,’ and Bacchanals , are meet exerctfes for this holy day , and fb no s Horn.of the place fitter for them then the Church ; appointed principally for right ufe of the s dueties and pub like exerctfes of the Sabbath day, to the Arid the Church of ent j re fandification whereof by religious dueties our Prelates are Chlrcba,& enemies,that they not onely filence,fufpend and excommu- ef the time & nicate fuch godly Minifters,who out of confidence dare not joyne place of rayer with them in encouraging their people to prophane it, andpu- +Hom. 1.2. ni h thofe for Conventiclers, who after divine prayer and Ser« mons ended , meet together to repeat their Minifters Sermon, Haw” fin re,L * chapters, fing P(almes,conferre or pray together,as they are Math. taug -t by * S. Cbryfoslomes and t Bfhrp I:\vels doclfine- butone t Defenceof of them (D. Peirce the now Tdijliop of Bath and Weis by name,) the Apology eniovned the Church-wardens of Batcombe (in M*. Barnards Pari, h in Somerfetfhire) vnder paine of excommunication, to f .449.4V 0 ex P un g e this Scripture (anciently painted on their Church-wall) ■ J 43 cjuite out ofthc Church 15. If thou fume away thy footc ¥ from the Sabbath from doing thy pleafure on my holy day , and Call , the Sabbath a delight the holy of the Lord , honorable andfhalt ho. ' tiottr him , not doing thine owne voayes , not finding thine owne plea- fire , not Jpealping thine owne words. Then [halt thou delight thy felf in the Lord^&c. filing it , a * fewifis place of Scripture ,not fit to (land or be fffred in the Church: (and by the fame reafbn not fufferable in the Bible, for the correcting whereof our Prelates p SeeDoflor may doe well to joyne with the b Papifts in making an Index ex lames purgatorius , as they intend and giue out publikely they intend to hu Treatifi doe on all ancient Englifb Writers) which Scripturethe Church- °f f he cor- wardens refuting to blot out , the BilJiop like an Heroicall Pre- ^h^aipmet late , rode thither in perfon with a plaifterer to fee it wiped out t ht himfelfe; fuch hideous Monfters of impiety, blalphemy and irre- Prelates of ligion, (that I fay not Atheifme) are this laft generation of our ho- Home. part. ly domineering Prelates growen ; who mull now for ever ceafe 2t i • 4 * to affirme or fioaft their Epiicopall Supremacy, Authority and Iurifdi&ion to be y 2 >-c d‘Vino , lince by vertue thereof they thus prefumptuoufly take upon them (a ftraine beyond the Papifts) to blot Jm divinum , the very Law of God and Gofpell too, out of the houfe of God it felfe. And can wee then wonder at thofe immoderate droughts, thofe watry feafons, thofe devouring c See t p e fpredding Pefts and c Plagues, with other publike and perfonall Homilies of judgements of God, which wee have lately felt and fumed, and ‘fie [{gbtufe are like to taft of in a fharper maner, when fuch monftrous im- °f‘^Church pieties as thefe,thus plublikely breake forth,without either fhame a>‘dp/ac™of or reprehenfion in thofe who ftile themfelves the Titlars (being prayer,of kee- in truth the (fitterpi liars) and holy Fathers (in verity the unholy ping clean} of, Jlep-fathers) of our Church, from whom d prophanefife u gone out Churches, and fpriad over all the Land? Certainly ifwee confider onely the lives and pradifes of our Bifhops (that I fpeake not of any others) 1 +- 1 > * how they now openly fight againft God,his Word,his Minifters, Ordinances, worfhip, people, grace,holines, yea morall vertue, honefty, civility, and that with both hands, both fwords at once^ much Itkf after the example oft he rich glut- Antiquit dies Bed. Brit. Bale and Godwin in his life , with out Chroniclers. m ■ r? * 4 ? ton,andfo bee 'toas [carved, choked and killed by this [range tumor of his tongue. This (fay all the marginall writers) 'totts thought of many to come upon him by theiujl band of Cod, for that hee fo bound and much [topped the 'frord of the Lord, that it might not be peached in his da yes. Our Prelates now have farre greater caufe then hee had then , to feare Gods Iudgenaents in this, or a more grievous nature, and that in thefe regards. Ftrfl, Becaufe they have his Example,with + many other * Jff A ^ls like Prefidents of divine revenge upon perfecuting, truth-fuppref- fmg Prelates,to wante and terrifie them, which this Prelate never i y 0 6. an d heard of: and fo are more inexcufable then hee. Dr. Beards Secondly, Becaufe his filencing of the Preachers and hin- Theatre of dring the preaching ofthe Gofpell,proceeded rather from error, ignorance of the truth, and mifguided zeale; then malice or ha- p a jfim .' tred againft the Gofpell,Minifters, and profeflors of it; But our Bilhops proceedings in this kinde , proceeds from dired and willfull malice and emnity againft the truth, Gofpell, Minifters, and Saints of God, againft inward convidion and the teftimony ^ oftheirowne confidences ftaring them in the fa ce-,thevery *Jinne ff agatnjl the holy Cjhoft htmfilfe , or next degree thereto , into which 26.27. 28* they are dangeroufly fallen. 29.2. Tim. Thirdly , Becaufe hee perfecuted, filenced, or fiifpended 3 S- none that profefled the fame truth, faith and dodrinejwhich bee ^' and the Church of England then embraced ; but onely thofe ^ whom hee and the Church of England then deemed both here- tickes and Schifmatickes. But our Prelates now filence, fufpend ? excommunicate, deprive, imprifon, perfecute thofe, who pro- feffeand maintaine the eftablilhed dodrine and difeipline ofthe Church of England , which themfelves pretend to defend and ftrive for ; thole who are members, yea pillars of our owne Or- thodoxe Church and neither feperate from it in point ofdodrine nor difeipline, being likewife altogether fpotles, innocent, unde¬ filed in their lives , even becaufe they preach, and defend Gods T truth. $ At jam Jerpenttirn major con - tcrclia :quan 146 truth,and tbcDo&rines, the Articles of the Church of England' againft Papifts, Arminians, and fuperftitious Romanizing No- ve!lers:(A thing fo ftrange, that the like was never heard or read ' off in any age, Church, State , but ours onely; yea a thing fo de- da LeomFor- te ft a b[ e s as not found among the Savage t bruit e heap , as 7 y- ttor cripuit ^ j^ ons ^ Wolves, Beares, who ever bold together and prey not *ncmore one U P 0H { ^ s othcr > *Parotl cognates macula ftmilis fra, being as unqnm ex - old as true, and therefore tnoft monftrous, moft deteftable in firavitAper, our Chriftian Church , and Prelates, who muft needs exped the tnjjoYH den- extrem j t y G f Gods Judgements to light upon them for it. hidiuT- Fourthly , Becaufe bee put downe preaching , and filenced grnagit ra- Gods Minifters in times of health and profperity onelybut our bida 'cum Prelates even now in this time of ficknefTe and mortality, when T rigridepa- God , n fp ec iall mancr cals upon them, * To cne aloude and cem • ferns ngt ^ {g ^ ^ ( fa r VO y Ces hf e a trumpet , andfheve the people wmturfu!' tbeir tranfgreflion, and the howfi of Jacob thiir panes : yea which luvenal. ’ is the hightand upfhot of all impiety , they take advantage of ;p. 141. this prefent peftilence and mortality, to put downe all Le&ures anc j p reac hmg, when as all former ages have fet them up, to- ?5l 4 8 etberwitl1 prayer and falling to, as at speciall antitode and ^ 2 S.zjc. ptefervative * againfl the Tlague , which they now pretend to 7’ 13 ’ t 4. * be a mcanes to fpread it. An impiety that heaven and earth may Joel.z.& 2. well ftand am azed at , and future ages will hardly credit; %epb.2.1.2 yea the very capitall finneofwhich the Iewes were guilty,/ who Bootes Cor » bot ^ 4 *^ l he Lord Jefrs, and their ovone Prophets , and perfeett- the Fajlyin * ted and chafed out, ( as the margin renders it) the Lords ,JMm- j. lacobi & iters , forbidding them to preach to the Gentiles that they might he Caroli. fived, to fill up their fumes alway, fir the math is come upon them to the uttermojl : A text which fhould finite through the lopes and hearts of all perfecting Prelates and filencers of Gods Mi¬ nifters , who prohibit and put downe preaching, the chef and mofl principall office , whereunto Pretfts or Bifhops be called by t the auehonty-ofthe Goff el, as all the Bifhops and whole Clergy of i.Ltiff. 2 . England have re fived tn the * InjHtttttcn of a fihriflian ipan, 1 dedicated by them to King Henry the S. andfubferibed with all sy. ■ I 4 T their names, as the very Councell of T ‘rent it felft bath deemed in ^ rhefe words: * Ptadicaiionis munttt gpifcoporuib prwcipuumifti mer , f 0 fQ r , as the Church of England hetfeife in the Hom'd] of the right ufe dc „ £ ^4 of the Church , p. 3.4. y. and before them all our CH* si pottles havepaft all dtfprtec* *- c /#^. I (hall therefore defire thefe dnmbe filencing and li ent wec 4> Prelates, / who would have all other Minifters as lafie mute and Client as themfelves emnity to be dire&ly againft preaching andtheGoipell; (wre- member that of JM after * Tjudall out godly Martyr, That, mt h. 2 4 . »(hops who perfeem their owne office of preathmg ( for and by 14. which they hold their faft Bithoprickes) a e not worthy of it,nor **£1 & Tfferable in mand that Bijhops or Preitts that preach not or that f ^2 preach ought fave gods word , are none of Clifts norofhte anom : c.610. tint (therefore not Jure divino ) hut Servants of the Beatt , whofe %mC n. 9 . marke they heart ; Me word they preach;’whofe Law they main -if 1 6. mineral againft qlds Law:and therefore *lZL'e people nrnft and will henceforth call and deeme them ffich As for ifaChjfjhan thole Minifters moft unjuftly filenced , fufpended and excorn- WlW p. Il4 , municated by them , who now bafely fit downe filent under lj4 . their-Sufpentions, when as they (hould goe uncouragionflyin .their Mtmftery mdefpite of them * I (hall defire them onely to .confider. ^ ^ f x.rnple and anfvter oft hi ^?^ le5 * he ™~ c.4. & S'- (elves, who when they were commaunded bythe High Preifts, thmg boue, Elders and whole Councell of the Jewes( who had as much or more power over them then any Bifhops have over Minifters at h« day) not to ffeake at, all or teach in the name offefus g™ tht f anfwer * Wee ought to obey god rather then men ; whethe rich in the fight of god to hearken ttnto God more then unto you, Jdce yet ? forweeannot but ffieakf the things which we have \eeneJtd heard : and though they were thrice exprefty inhibited im P ,mbin g , } ca mfr.fmUa^un ft**"*ggg£ E 4S hibitions , yet they dayly in the Temple IN E VSR 1 HOWSR (which now forfooth muft be a Conventicle, lam Cure an A- poftolicall one) they ceafid not to preach and teach Jefus ChriiT piling ferufaUm and every place with their doth me , the very lAngd of God himfelfe. commaundwg them to doe it. If then the whole Senate ofthe High Preiftsand Elders, their terriblePro- hibitions and Sufpentions , yea their imprifbnments and ftripes could neither keepe nor deferre the Apoftles from preaching, why (houid our Btdrups threats, fufpentions, or moft unjufti|£ gallCenlures ( warranted by no Statute, Law ot Commiffion trom his Majefty) hinder our Minifters from their duty ? 2 '£ C ;[' , Sf c °ndly,The example of our owne godly t Martyrs 2.H*.c. 7. both their Dodrine and example taught and profeffed’ Fox A8s & Ministers ought not to give over preaching for any uniufl Monuments fujpention , excommunication , inhibition , Cenfwe orperfecmion London. whatever, either of the Pope himfelfe or of any other Prelate,00m b f y t0 P re< * Cl ? the Q°(P‘^greall inhibitions , menaces, 4i7. 418. tm H onrn f»tsand P' nalties to the contrary,though fire and death 428434- H M e - Whereupon they never would give over their preaching upon 43 f’ 43 ik Prelates inhibition,™ not in theirprifons,where Mafier Brad Jg'JJJ* preached mice every day. And (ball our eminenteft S;£; Snifters now in the Sunne (Line of the Gofpell tindera moft 911.1280 b. ra ) 10us f rInce ’ be more puiillanimous, bale and cowardlytfeefi 1281. ’ the( e godly M arryrs were even in times of darknefle under Po- 1336+ pbb Princes, Prelates and Tyrants, when it was death to pro- l f f“ e and P rcach the truth, which now ( God be thanked ) it nei- *AEhb ther K ’ nor can be? God forbid. Monuments . Thiydl h Thar poikion of our Godly Martyr, Mafier John /^iy^nS WickJifi (excellently defended and notably proved by lahn Hus 417-418. at large in the Schoole of Prague, as all may read atleifurein Mafier F 0 x :) That they which leafe of preaching and hearing ofthe word of God for feare of any excommunication , threatning , perfection, or mprifonment, t breamed, or mfiitted by the Pope,or any other what fever , arc alreadyexcemmumcatehy God hmfilfe, and in the day of Judgement Jhall be accounted the betrayers of Chrifii 14 9 Chrij,}; which is fo well prooued and defended by Hus , that all Godly Minifters and people muft lubfcribe thereto. And who of all our latefufpended Minifters, would be either accounted here, or adjudged hereafter, a man excommunicated ofGod.and a be¬ trayer of Chrift , yea of the very Word of God, of Religion it felfe, and of the foules committed to his Cure, who are flaine for j^/m lacke of fpirituall food, whiles they out of a flavifh feare, of 1 Tit.Rone. know not what or whom fitt mute and filent,and become fo ma- ^ cu J anti > ny laughing ftockes to our Prelates, who would be terrified, daunted and repulled by their Godly courage. * seethe Fourthly , That Popilh Preifts and lefuites dare lay Made,and Prayer on preach in a maner publikely , though a thing unlawful! and ex- *he s.ofKo- prelfely prohibited both by the LawesofGodand the Realmc, ymbtrlate- and no leffe then 4 hightreafoo , for which capuall pumJJ— — . P J # rji this thing, and dra'fo all their cares and/Indies this way and to this end , and that they f 'hould and^touldpreach , and be faithfutl dijpenfers cf'Cjods Word in their Congregations; which charge being layd upon (hem by the Bifhop at their ordi¬ nation in the name of G rift,by the whole * Church and. State of England?, and the Booke of O'dination (confirmed by three fever all d c r^2. y. Ails of ParliametiL, ,the 8 Canon , and their owne fubfcriptions 'f 1 ^ ^ to it;) and they particularly ptomifing in a moft folemne maner, c t ‘ ‘ ' to per forme it to the uttermoil of their power. How any Bifhop can by Law fufpend them from preaching as long as they conti¬ nue Minifters, and are not adualiy degraded or deprived of their livings, for fome juft orlawfull caiife, warranted by an exprdTe Ad of Parliament; or how any godly Minifter in point of Law or Confcience, can give over his preaching or Miniftry upon any unjuft fufpention, inhibition, excommunication or commaund of any Bilbop, Vifitor, or Ordinary (who cannot countermaund this charge or Booke of Ordination, ratified by 3 Ads of Parlia- | ments) I cannot conjedure. Finally ; That if Minifters will thus fuffer, every Bifhop at his pleafure, without any fpeciall Commiflion from his Maiefty, vnder the great Seale of England, or any juft caufe in point of Law, upon every humor , fancy, or new minted Article of his owne (which bythe Statute of 2y. Hj.c.t y.andthe 1 3. Canons reflation , yea and his Maieflies too , in hts Declaration before the 30. Articles , bee hath no power to make ) to fufpend, excommu¬ nicate , and put them downe from preaching, then it will be in the Bifhops power to fupprefle and alter Religion at their plea- furc, without his Maieftiesor a Parliaments affent, and fo all ¥ ^ ft .all hang vpon their wills, who have no power at all, either by h. 8 c. 19! the Lawes of God or the * Realme ,to inftitute any new rites, Ceremonies, Articles, Canons or Injundions, or to alter or in- 2 1 3 -E/hj. 1 novate any thing in Religion , much leffe to fufpend or filence c * 2 - Minifters? Wherefore in cafe our Prelates prefently revoke , nottheletheir anti-chriftian, illegal!fufpentions,inhibitions,in- jundions, or other Cenfures, to hinder Minifters from preach- x 5 2 ing, I hope every Godly Minifter , who hath any care; either of his owne foule, liberty, people, any love at all to God or Reli¬ gion , any zeale or courage for the truth, or defire of the good, either of Church or State, taking thefe confiderations into his thoughts, and finding the Bilhops Jurifdi&ion and proceedings to have no lawfull warrant, either from the Lawes of God or man, will readily proteft both againft theirufurped authority and proceedings, as meere nullities and vanities, and proccedto preach , pray, and doe his duetie, as the Apoftles and * Martyrs * Who bad did ofold, without any feare or difcouragement; that fo Gods never beene judgements, Plagues and punifhments, which the Prelates late Martyrs had p ra £ifes, with the Minifters filence and cowardize, and all out l (uch favor or s ^ nnes h ave drawen downe upon us, may be aflfwaged and re- comrds a mooved, and wee may ever retaine the Ordinances and Word mofiMini- of God among vs, in purity, power, fincerity and plenty .both to fieri ate Q U r prefent and future happines. I ftiall dole all with this Syllo- mw ' gifme. That calling, authoritie and jurifdidion, which oblite¬ rates , perfecutes, fuppreffeth, oppugneth the very Law , Gofpelland word of God, with the frequent powerfull preaching , preachers and profeffors thereof is doubtles, not of divine right or inftitu- tion, but Anti-chriftian and Diabolicall, i. Theft. 2.14. ry. 1 6. Rom.2.13.10. lohn 8.39.1048, i.Tim.3.i.to 7. Tit. i.y. to 10. But this doth the calling , authority and jurifdi&ion of Lord Archbifhops and Biflbops, as the premiles,and all ftories witnes,elpecially our Bookeof Martyrs. Therefore it is doubtles not of divine right or inftitu- tion, but Anti-chriftian and Diabolicall. Ifche Minor be not fufficiently evidenced by the Premifes, by the filencing of many Minifters , fupprefliug of fo many Leisures throughout the Realme, give me leave to inftance but intwofrelh examples more. The fir ft, in ‘Dottor TeircefBtfhop of Bath and Web ; who in his Visitation in the midft of Auguft laft exprefly prohibit'd all Minifters in his Dioceflfe to preach on the Lords day afternoons; threatning fome Minifters to fuff end them both ftum their office &Benefice,ifthey dmft prefume to preach any more on theLordsday afternoons jwithout alleadging any Law or Canon,(which there is none) or any danger of bringing or fpreading the plague,(which there is not feared,) but onely out of his malice to preachings and to deprive poore people of the fprituall food of their foules: to affront thcStatutesof^,and6.E.6.C, 1.3. and i.£//.c,2.which ■ require OF TEN PREACHING AND USA- RING of the Gofpell, upon every Sunday and Holy day, and . preferibe preaching twice a day, as well, as much, as (fommon- prayer, coupling them together in the fame words to oppugne the Homily of the right ufe of the ffhurch, p. 3.4* $ * which pre* feribes and enforceth , the dayly and continttall preaching of “ Gods mrd,and fpecially on the Sabbath-dayes ,ftom our Saviours and his Apofiles ovene Precepts and Examples ; to make all Mi- nifters perjured , who at the time of their Ordination make a • folemne promife and covenant before Go d,diligently and fame- • fully to inftrutk their people, & never to give over preaching , &c. (as the Boohe °f Ordination , and the Church and State of Eng¬ land, both in and by it injoyne them,) and to fftteS. Pauls him- felfe: who as by thefpace of threeyeares together , hee ceafed not to vtarne every one Night and Day (therefore hee preached Eve¬ nings as well as mornings) publikjly & from howfe to howfe. Ads. 20 .20. 31. So hee chargeth Timothy, and in him all Minifters, To preach the word infiantly infeafon, out offeafin (that, is, oru Lords dayes, and weekedayes j Morning, and Evening,yea and at Midnight to if need be j in timesof profperity and adverfity; of health and peftilence, when preaching is raoft feafonable to r Y row e V 1 ?4 . : raife men from their finnes ; ) 2. Tim. 4. 2. which Apcftfe were t ee in this BiChops and Come other of his Brethrens Dio- cefle, they would fchoole him roundly for fuch good dodrine and flop his mouth , to prevent the great mifcheife of often preaching, yea of our Saviour Chrift himfelfe , and his * Lu ^' x 9 • Apoftlesjwere now among our Prelates and fbould * preach 46 c / 4 ® T L Y in om temples , as they did in the Temple of lerula- er y' The Jem and J ewi Ch Synagogues, I feare me they fhould be all filen- Homily of ced, fufpended, and laid by the heeles for their paines, by our the right nfe Rare-preaching Lordly Prelates, fince they thus ufeour paine- ef thechurch fhlleft Minifters even for frequent preaching; If I fhould de- maund of them by what Law of God , or the Realme ? by what Canon of the Church , or by what fpeciall commi/fion from his Majefty, under his greate Seale? (without which their T27. 7.8 Lor (flaps t cannot by Law fufpend or jilence any Afimjhr , g * ^ j. * n or keepe any Vifitation without the danger of a Tram mire which H8 0 io.' l ^ e 7 have all incurred-, ) I feare me they would be as much, as 1.E.6 c.2. any Minifter they have put tofilcnce: And till they can (hew 1. Eli^.c. 2, fuch Law, Canon , and fpeciall Commiffion (which not one of o'pi% Ij' ^cm can doe ) hee is not worthy the name of a faithfull Mini- and the Pa- ^ er ’ cliac will fit downe filent altogether, as too many doe, to tents to Co- their eternal! infamy or flack downe their former frequency and •verdale and diligence in preaching , upon the proudeft Prelates bare Man- fory,^.E t 6. date , efpecially in thefe dayes ofPeftilence and Mortality. pars. i. The fecond inftance is, the (upprefling of Majter John Rogers Le&ure of Dedham in Eflex about the fame time, conti¬ nued Co many yeares together with Co good fuccefle that he hath converted more (bules to God , and brought more to heaven, then all the Lord Archbifhops and Bifhops Sermons from Queene Maries dayes till now ; many of which though they have lived long, cannot I prefume name fomuchasone Soule they have truly converted, either by their life or dodrine,though they have murthered and ftarved thoufands. The Pretence of fufpending this our Le&urer is, the great good will the Bifhops b.earje to the Towneimen and Puritans ( fiotheytearmethem) of 3 o[ l)edh.im } over whom they are * jealous with a godly jealo/it , to wit, leaft the continuance of this Ledure Ihould draw the * PJague to the Towjjfi. Butisthisthinke you the true cauie ? If fo, why then let me propound but 6. or 7. queftions to our N Prelates who are fo carefull of mens bodies, that they are al¬ together careiefle of their Soules. Firjt, Hath not the Ledure beene the greateft bldfing that ever this Towne enjoyed ? the cheife meanes that hath enriched it 3 and ever fince its e red ion waided ofthe Peftilence from it, yea in the laft great Vifitation when there was more danger?If fo, as all the Towne and Country will averre , why lhould it be peftiferous or infediousuow ? Secondly, Where did ever their Lordfhips read, that power- full preaching was a meanes to attrad or draw the peftilence to any Towne or Parif h? or the fupprefljng of preaching and Le- dures an Antidote or Prelervative againft it? V/ hat Divine, Phy- fitian, Philofopher , orHiftorian, yea what Epicure or Atheift ^^ 26 . ever taught luch Dodrine till our prelent newDodors andLord^g 2 o 2r Prelates? 60.61. Thirdly , Whether the reading of Common prayer and i K> n g- 7 -$ Homilies be not as apt to bring and increafe the Plague,as prea- 37-38. ching and Ledures,and the one as peftiferous as the otherflf not: j then why doe they put downe and prohibit publike fafting ^ 5 o.pf l2 6. pray er,as infedious in this peftilence, uled as a preservative, me- 21,29. Ier. dicine and cheife cure in all others as well as preaching ? yea how 1412. it. can they proove, that one ofthefe is more apt to attrad and dif- . fufe the Plague then the other ? Iffo then; why doe they not put downe Common prayer and Homilies in all places infeded, or , ?6 c .f$ , 2r in danger ofinfedion, as well as preaching , (the one being as c.42.17*3 peftiferous, as peftilentiall as the other,) and lo make us all true J44- * 3 - Atheifts or Infidels, giving God no publike worlhip at all? £$.5 ii Fourthly , Whether tire putting downe of Ledures and, 6 12 c ^ preaching hath beene a meanes to ftay , k^epen, or lpreacfjj'c. 12.16 the Plague .omthcr to increafe and attraft it JRel.g.on teach- :th us tKat were thcicis J A “;2 4 4 ; 2 , dingfreaft knowledge and fervice of God, there is mojl danger of the plague, and the experience prooves it true for the moft part, it ever raging more in the disorderly fuburbs of London, where they have ufually leaft and worft preaching , more then in the City, where is better governement, life and preaching. Power- •2,6. full preaching therefore being the cheife * meanes to turne men 3 7 ' from their frnnts and tvill lives,and wmne them unto Cjod, and the fuppreffion of it a meanes to continue and harden men in their e- vill wayes ; it mult neceffary follow, that frequent powerfull preaching, is an antidote and cure againft it; and the fuppreffion of it, the high way and meanes to bring it. Ifreafonbenot fufficient,let late experience inftruft us thus much. T he Lectures of Chrifr Church, S. Martins and others in London,were put downe by the Bilhops this Peftilence,to prevent the bringing of it into thefeParifhesrthe very felfefame weeke God fends it unto them, and now it fpreads among them much: But in S. Antho- lines Parifh and fbme others,where the Ledures yet continue,(in the firft every morning) no Peftilence ( bleffed be God ) hath hitherto beene heard offrThe Ledureo (Blackfrters on Wednef- dayes , at S. Cat brines in the fame day, with fbme other have beene ftippreffed to prevent the Plagues increafe , after its inva~ lion of thefe Parifhes , to the intolerable greife both of Mini- fter and people : yet the plague in thofe parifhes hath fince every weeke increafed and fpread further. At Wejfminfrer upon the firft comming of the Plague ,they gave over all preaching even forenoone and after-noone on the Lords day, thinking by this remedie to ceafe itj (a prefident hardly paralleld in any age;) but what followed thereupon, the Bils fince have beene doubled and trebled, and more have there died every day fince, then did in a whole weeke before. This tlrerefore is but a Prepofterous re¬ medy , and a vaine pretence to beguile little children, and fooles with all. „ Fifthly, What place is there neere to Dedham from which that le&ure fhould draw the infe&ion ? were it in all or fbme of the neighbouring Parifhes, there might be foiue colour for fuch apre* !57 a pretext, and yet not fufficient to put downetlie tenure, fiiicemen of thole Paiiil.es might be prohibited ondy from it, and all die have acctlfc unto it: But fince it is not fo nearc that Town(God be bitfled for it)as that there is any fuch ieare of infedion, this pretext can be but a metre doakc of wickcdnes to countenance a worle deligne. Sixtly ; Whether they hold not great Banquetting, Afaffces,DauncingyTlayef and Enter!udes,\s peftiterous and intechous»as Preaching and Leefures: and the famous Vni- verftty of Oxfords health and immunity from the Pdtilemce, as much to be refpe&ed as the poore Towne of Dcdhams ? If any temple be made ofthe former pare of this Queltion, his Atajefties andtheir owne Boobeof Commonprayer forthe Faft the la ft great feftt lence i. (faroli, (which f prohibits all f TbeEthor- Playes,Maftes,revellings, Dauncing, Paftimesand Banquet- tatm,ani Or- ing,as caufes ofthe plagues, both beginning, {{redding anacon- dertattbemd, tinuancc, and theproper finnes of our Nation, which have made us a Proverbeand By-word to all other neighbour-Countries } J compared with Hay. 5, 12.13. c.aa. 12.13.14. &C.32.I3. 14 Amos< 5 .i.to u.Exod. 32>ip.to35. I.Cor. 10.5.6.7. lam.5.1.5.6 . Rcvel.i8.7.8.and many prefidentscited in a lateTrad againltStageplayesandenterludes,wilI put it out of doubt. Of the latter part of this Quarre there can be no queftion, unleffethe Bifhops be very unnatural!, to love a iirangtr better then their ownFofter-mother,and weavers, Clothiers, more then Schollers. If then exceflive Feafting, Maskjng,Fmerludes, Dauncing and Eptcureanfomp,the* ve- * Gal. y, tt. ry worses of the {lefts, ( and therefore mod unleemely of all others for thole whoterme thvmfe\ves{pirituallmen , yea workes that Jhut men outofheaven,md therefore not lit for thofe who proftfle they have the keyes to let men into heaven) bee more peftife'rous and apt to bring the Pcfti- lence, then Preaching ; and Oxford to be preferred before Dedham ; what isthe reafon that our great Lordly Prelates in thefedangerous times of mortality(whcn as they fhould X be * be all'in fable,falling,praying,weeping and mourning with the people of their Dioceffe, and refrelhing their Itarved bodies with that prodigall expencc they have there call a- way) have (to the great ill example of all other people, & grieving of the foules of all who are ienfible of the Plagues we now grone under) beenc fo lately letting up and pra&i- fing the one, at Oxford, to draw the Peftilence thither; and putting down the other at Dedham, to keep the Pert from t hence? When as fundi y Councels in all ages,have./?r/tf/y in¬ hibited Bifrofs andMimflers.neither tobe Exhibiters, fetters out ,or JpeSlatorsJout diligent fuppr effort,yea cenfar ers ofthe one * cm Laodice (elp^cially in mournfuii times of Plague & Mortality which mm cm. 54. lummon all men,but * Gods Minifiers above others,to weep- c* tbag. i.cm. ingjac^ecloath and baldnesjo turne their laughter into heavi- 11 . Agatbtnfe. ^ and their joy into mourning-) and infiant both bypreach- tSpScST*. **£ ayJ ZcclefiaflicaU Confutes, to draw all men from them■ but 5 1 . 62 . Ttict- furthered andfetters up ofpreaching,yea of preaching twice a mm. 2. can.'-z- day,(md that principally in timesot humiliation ywhichthey Turmnfe.}.can. now f H r,p re ffe. Alastis the piety & zeale ofthofe Lordly Pon- 7 -with funds,0- tificiaiiS who wiI1 nee d s daime all their Epifcopalities by T'o^Eui * dtv ** e ^^.degenerated to this Epicurian refoluuon; let Gairit'x 8.19.» eateanddrink, let us Maske and Play,let us feaft and keep 4 ,Tit. 1.7. /. Revell-route,/0rr0 twoYYoivwee fhdlldie ? Arc thefe the ler— g T’/f jo 1 j tn Tf in rr. Onppnp- t> t l]‘47z. xl ing,playing,piping,dahhcing, when all others are weeping, d S kfacit Ufa failing, mourning,at leaft wile gladly would be 10, and tnat bodie,multos fibi publike (as they have reafon} were it not for them ? cer« eligens vkbelos fa j n j jf S g ermr d were now alive, and law iuch Prelates, zffcntbStrm ^ wou id be fo farrefrom thinking them God.> Bilhops, ZTciefcie- that he would undoubtedly define^ to be the Devils, ,yea rum. and ttile them a Devils too , and murtherers of mens Joules. Who having now taken the higheft degree at th Vmver- fity.that ever the Schooles of Bacchus, Venus, or Epicurus *5 9 can afford them, may be rather deemed their profeffed Chaplains , then Chriftian Bijhops. Yet millake me not, as if! thought irunlawful! fora Prelate or Vniverfity » to enter- tainc cheir Prince; fan e be it from me or any other to ^ar¬ bour Rich a thought:But to doe it now at fuch a time, in Inch a PontificalljEpicunan mailer, with moll prophane and impious Enteriudes in contempt and derifion of all purity,piety and re¬ ligion, is the onely thing, which not I alone , but the whole ^ Kingdoine generally crie lhame onjbanquetting, misking.fca- fting, Revelling, being altogether unlukable, if not unlawful! to a Chriftian, a Prelate, a Vniverlity,inatime of fuch gcnerall weeping and mourning,when * rnojl hearts (but ftony ones)*?** * foci, i, fad, and many poore mens facts gather blacbnes , even for very hunger, with which coo many perifh; vvhpfc lives this pro¬ digality would have preferved. Seaventhlj, If the Bi/hops have fo much fatherly care to keep off the plague from our Treciftlans , and Puritans of Ded- 1 ham(fo they tcarme us) as to put downe our Ledure,(y ca Ser¬ mons on the very folcmne Faft-day , where there is any infe- dion,a$ ifthe fick needed lead (pirituall phifick and inftrudi- - | on) to keep us from the Plague, what is the reafon they have fo little care of thole of our Religion and profelfion, whom they have mewed up in feverall prifons in London? Why have the Priells and lefuites in the Gatehoufe and elfevyhere (though * Trajtorstohis Maieftie aindthe Realme , and fome * of them condemned men,) with all other prifoners there, li- ^ berty grantedchemtogoeabroadthistimeofPeftilence, and yet D. Baftwtcke, convidcd andeenfured onely for fhewing liimklfe a true fubjed to his Sovcraigne, in defending his Ma- jeilies Ecclefiafticall lurildietion, againft the Popes and your encrochements, (with other of your High-commifTion Prifo- ners,) no leaveat all to retire himfelf into the frefh ayre for his fafety; ltbcingnow,asitleemes,a great deale better to be an open Traytor to his Majelty, or the State, then a mecre oppo¬ se onely to thefe our Lordly Prelaw, even in their intollera- ble ufurpations both upon his Majefties Royall Prerogatives, X z and I to and his fub/eds liberties ? Why have you given fpcriall com- * Theugh their mand, that Mr. Brewer ,committed * clofe prisoner by you to Cmmffim th z Kings bench , for the fame caule, fhould there be detained give them and not rem0 ove with the other prifoners, when as he wtffmmy bad obtained licence to goe into Oxforrifhire with his fellow man, yet mw prifoners, that fo the plague, which environs both tholepri- tbeir common fons , nrght Iwcep away both thele Prifoners and eale you of praftife uttdo them ? Why doe you ftitt detaine others of your commitment **• in thele and other prifons,of pu: pofe tomurther them asmuch as in you lieth with the peft.when all die that are willing, are fet free and walke abroad into the Counrry for their health? W hy deraine y ou C D.Layton in the Fleet t and Mr. Prinne in the Ttfw^r,notvVit hftanding (omz Nobles mediation for the enlarg- ment of the one, and the Qaeenes moft gracious interceflions for the other, whole Princely clemency and pitty, to thole of a different religion, is aneverlafting foyle to your tfnehrifti- an mercies and barbarous inhumanity, to thole of your ownc faith and profeftion. Is this your Epilcopall pitty,mercy,grace, and goodnesj that when all men elfe can find favour and re- liefe, yet thole whom you unjuftly perfecute, reftraine or ma¬ lice without caufe, mull findc none at all, no not though King or Queene defire it? What, is your Pontificall malice now I wollen greater then their Royal! grace and goodnes ? Never therefore diflemble more with the world and us , that you have put downe our Dedham , or other Leftures, out of any love to us,or care of our,or their fafety,as you pretend,to keep the peftilence from ns, or them; but confefle you have done it out of the malice of your hearts, againft preaching, if not to bring the plague and peftilence ( as much as in you lies ) even * ffo S?' 6 f 7 . upon our loules and bodies»as you endeavour to do upon thele poore prifoners thus detained by you , which thefe times of plague and fatting call upon you to * fet free. But take heed lealt whiles you leeketo put downe preaching and fading, by luch ungodly meancs and pretences, to keepe off the plague from us and others, you draw it not downe, both onus and your lelves. I have already informed you of many Bifhops, who who have peri (lied ofthisdifeafe, I could acquaint you yet _-n Jl ^ S'*].** Gtiir# H At ban Praoue. with more, as * The Bftop* if ffiolen,Spire, %atisbon, Prague, Q trm will henceforth conclude,that you are of your (<) father the ae - /.« <5. 36. ViB,ftrhis werkesyou doe: He wtu amurthererfrom the begin- (i)/ob. 8 . 44 * ning ofwensfoules and bodies , and io arc you. Now if your Holincites or any other deeme this cenfurc of mine over-hai Hi, one that was once of your owne Rochet, and a r ter that a Martyr , (k ) (Bijhop Latimer ) will aflure you; 4 * tt was the very devtll ht&felfe , not God, that Jet up the Sta J*of Edward. unpreacbixgPrelacy >andthat it is he alone whofttrs thefe, Pre¬ lates up to perfs cute andfupprejfi thepreachtngojthe (yojpek under the Title ofHerefte , andfchtfme , and til Magnates to doe the Uke tender the Title offedtt ion-, and our learned (l) Thomas Be- ^ Hkfete : con r as he arfirmes and proves at large, that the firjr and Psrinci - chifme, voL I* vail point of a B,Jhep and ffiirituall Mrafters office,is to teach andffil. 500. • preach the word of God Jo he refolves, thatfuch a Bijhop as either doth not ,or cannot preach,is a N icholas B ifbop and an I doll,and in¬ deed™ better thenapamed Bijhop on a wall■yea, he is as the (m) («) T a ) Prophet faith, a dumbo dogge, and as our Saviour thrift faith (n) ’ M unfavouriefait , '.worth nothing but to becaflout, andtobetro- \j den under foot of men. Woe be tothofe Balers that fetfuch Idols andwhite-daubedwalls over the Floe je of (hr ft, whom he hath purchaledwith his precious blood. Horrible and great is their damnation. Our Saviour Chrftfa,th to his ‘Difciples ( o) As my ( o) lobAO 21 Fatherfent me,fo fend I you. H?w who knoweth not , that Chrft ( f ) fay 6 ,. r. was Cent of his Father to preach the Goffiell, at we may fee in (p) ^,,.38. divers places of the holy Scripture. It therefore foBowet hjbatfuch ^*^ 1 * 9 as are Jent of Chrft are fent topreach the goffiell If they preach 5 ,43,,+ not (the cafe of many of our Lord Prelates ) it is an evident to. ken that Chrftfe»t them not ,*vr Antichist and the de- vi lx. Thus and much more Becon, who tells thefeunprea- X 3 ching * Surm> Tom . **foi «. Vecretum dt 7 leformtime. *+ l6l cbing Prelates in plaine termes 5 fW nothing abideth thtm but everlafirngdamnatton. What then will become of our great Lord Prefaces, who will neither preach to the people them- felvcs, nor 1 ufter others who are willing,to doe it; ftoping up our preachers mouthes with their illegal!, unchriftian, anri- chritiian fufpenionJ and excommunications, yea, exprefly prohibiting all preaching in thefe dolefull mortiferous times of Plague and peftilence , and that on the very Fafting-daycs, for feare it fhouid infect: mens foules and bodies ? when as the whole * Councell of Paris under Lewes and Lotkarius , Amo 829. l*i* 2,5. decreed the quite contrary, in thefe very remarkable termes, Statuimus pari voto , parique confenfu , ut unufquifque no ft rum dtttis & exemplis glebesparochtafua attend us ad me ho - ra incitare fiudeat, eafque utfe a malts cohtbeant , <& ad Domi- num ex tctocorde convert ant , folicite admoneant , Deumquc quern peccando fibi tratum fecerunt , digna pamentia fat isfaft tote & elcemoftnarum largitione , fibi placabilem facere fiatagant &c. Cumitaque Pradtcatores sine cessation e popvlodei pradicake nkcesse sit, juxta illud Efaia *Clajn1 Neecsses, quafituba exalt avocem warn 9 & amttneia papula meo, fee/era eorum, & domui lacob peccata eorum; tvm ma- XIME ID FACERE NECESSE EST, QyANDO IRAM DO¬ MINI contra pop v lv m de i, merit is exigentibus, g.r as- SARi persepxerint, juxta tllud quod Dominus per Ezse± chielem "Prophet am loquitur. E^ech. 5.17. 18. 19. & 0.53.7,8*9. 10,&c. At which our filent and (llencmg Prelates and old do¬ ting ShelfordTriefi , may well blufli forihamc, efpeciallyif they perufc the 23,24,2y. 28, 29. and 31. Chapters of the fame Councell following- And good reafon, for the very Ro- mifh Prelates in th t(q) Conceit of Trent, afclewd as they were, hadfo much ingenuity as to decree. That the preaching of Gods word was the principallpan of a Bifhops Office , belonging especially unto them , and that it ought to be excrcifed as frequently as might.be , for thefalvat ion of the people; and thereupon enjoy ned all Btfhops in proper perfon } or in cafe of inevitable occafions , by their fufficiem fubfiitutes , and all Minifters in every Parifh to preach every Lordf-day ani Holy day at the leafi \ and in the time ofFafis , {as of Lent, ^Advent , and the Itks) Q^L 0T I £> T E , v E l SALTEM TRIBVS IN HEBDOMAD E D I E B V S , to pTeach every day , or at leafi three dayes every weeks , and at other times alfo as often as oportunitywottld permit * and to f'atechife the peo¬ ple be [ides. If this Popifh Councell then prefer,bes allBijhops and Mmifiers whatfoever, thus confiantly and dayly to preach Godsword, ( specially on Lordf-dayes, Holy dayes and Fafiing- dayes) without inter miffiony our Lordly, laiie, Loitering Pre¬ lates, who will neither thus preach thetnfelves, and prohioit others to preach thus frequently and daily on thefe teafons ,or in any infedled Cities on our Solemne Fafting-davcs; are cer- taindyuot onely far re worfc then thefe Trent Prelates, bat even as bad or worfethen the very Devill himfelfe ( as Bifbop Latimer proves at large in his Sermon of the T lough, which 1 would wifh them ferioufly to perufe:) yea they arc meere Re¬ bels, Tray tors and enemies to God, his Church, Religion and the peoples foules. And can they then be ever true , loyall or faithful) to their Prince? No verily. Not to mention all the (v)conjptrades. RebellionsandTreafonsof our owneor forraigne Prelatesagainft their Soveraignes inullages , enough to fill a ^ fox J A{{t volume as large at Baron,us his Annals ; 1 (hall lnRanceonelv in & Monuments , three late examples. Anno 153d. Chrifiianthe 3. King ofTden- Mr , Tyruhls marks , ( our King Charles his great grand-father by the mo- thersfide) imprifoned allthefeavenBtfhopsofDenmarke,forthetrf^ xarm^hit feverall Treafons,Rebellionscuracies,andtnfurrefaons agamfi flp , llimwn[a him the Kingdomeand Chrifitan Religion , and forufurptng re- HtW y t y t call author it ic, with (Qthe rule of the Kingdome tothemfehes 8 Godwins ca- alone, and publfiring Ed,Els in their owne names as the Senate of talogue ofBi- that Realm (as out Prelates do nowm that villains & Co»-fr Storks) agamfi the Mmifiers and Profeffors of the ^ef^d ‘Religion. J?ll which this Kingcaufed to be drawne up into a Re, ^ ^ monfranee , whichlafied threeboures reading,andonthe xo. of f . Au'oufi Amo 1537 . ( two dayesbeforehis Coronation ) he can- Hafniaahe Metropolis of Denmark where be fitting*,th all h£ i$4 N . Nobles and Senators in State', caufed this remonjtrance of thefe Prelates dcteftabtc Tteafont , Conspiracies, Rebellions, and dif. loyalist formations on the Crowe,to be read publicly before them and all the people, declaring, that for themkehadimprifoned the Bi/hops, and demanding the Nobles andpe'pk , whether they deft - red that thefe trajterly Prelatesfhtuld any mere foray the Com¬ mon weale op the Ktngdotue, or be reftored to their former digni¬ ty and power? Whereupon they all cryedosit, No, aid that they would be no longer moleftedwith this Antichnfiian trajterly ge- neration of Vipers, Which ended, apubhke Decree or AH of State wasmadeby their unanimous confents , that thefe Bijbopsfhouldbe removed , and that the pol ticahojpce and power of Bifhops foould be thenceforth wholj abohfhed out ofthe Re alme,which was forth¬ with put in execution-, the Bijhopsremovedi their temporalities .. ( and revenues confifcatedto the King and [even Superintendents, Chron Saxonia being but ordinarie Mimfiers. ordained in their feed. And thus /. n.’p was Denmark freed from traytcrly Prelates by our Kings great Bucan/m Re- grand-fat her, after it had been long oppreffed by them(t)-^»»9 rnm Scotara- fDomini i 5 7 1 . Iohn Hamilton Archbifhop of Saint Andrewes in tnm.l. 1 8. & Scotland , was apprehended, arraigned , condemned and hanged at Adlmh^ia Sterling, by Mathew Steward then Viceroy during King lames ' Vmdn&Mcl his minority, for two notorious fucccffive Treafons : thefirfi , for vini celfaCom- conjfiringand having a chiefs hand in the Aiurther of Henry mflionit Am- Steward Kingo‘Scots , father to our late King James of famous ( . 0! f‘ a : . memory,and orand-fatherto our ore font S overaigne King Charles. CbJSaxL An *° for ca fifing lame's Earle ofMurre,Viceroy of Scot- l. 6. p, 49. Unddurtng King Limes his infancy , t» be traiteroufl- murthered I * 7. p. 219. likewife Amo 1567* which Treafons, not long after all y Lord *zo, l 9* p- Bithops were thruft out of Scotland y by Ktnglames and the whole Z 6 9 ' P elements confent , (though finccreftored ) 04 Tray tors to their \ 7 q\z?c*i.io Princes , contrary to (fdrifts inftitut'ton > as the chiefe fuppreffors P--Z97 $09. of the preaching of the Gojpell in all Countries . (U) Cjuftavtts £ri- 3 j 1.340. cus that famous King of Sweden , banijhed , deprived , hanged up 34T 14,1 J* and beheaded Come of his A chbijhops and Btfhops for their many JU p 3 5 execrable Treafons again ft htmfelfe , and the whole Realme y and f 8 8?* refHfed to be crowned t before he and the whole State of Sweden had ^ 1*5 i by publike AttofParledMent,( though with much oppojftion of the Prelates ) firipped the Prelates of Swedenof their exccffivettm- * , . porahties, revenues, wealthy and all temper all * Offices andjn- rifditlion , which made them oft times to rtbell ogainjt t ' 1 f tr rum prterogati- Princes , Kings and Magiftrates> to Jhrrc up many[editions t ana to varn pun\app\i- me left that Realme with almoft continuall and dayly warresandcati 3 dedccuut didmake them flow bellies , andunpreachmg Prelaws, fervic aHimihus, tur¬ tle tther to God nor man either in words or deeds, jervmg rat c t [ ucr ^ mice them to riot, pride, tdlenes, andfeditions, then to true piety, tos j m pR (ttrt and havino m Title in the word of God to warrant them. Since ctncil. P arif. which thf Prelates in Sweden, ever rebellious and (editions to Armo their Princes before , have beene more dutifnll to their Sove- raignes, and entermedled onely with their fpirituall 1 unctions, t Su ^ 7 ^_ which they altogether negleded while they were Lords. daliPHCHftof Thefe three late examples of his Majefties royall Progenitors, p 0 ?ifk Prelate, (toomit - others) as they may ioftruft all Princes how falfe v. that idle Paradox ofthc Prelates is, IfoBifai, »» Kmg, the contrary being an experimentall truth, and ho w little cruit and H st(L ^ fidelity there is in Lordly Prelates (who have ever beene trea- fridge hi* er- cherous to their So veraignes when and where they have born hmawu Epi- greateft fway.) So they may move his Majelty to follow r Father Latymers cotmcell to King Edwardthe 6 , to unlord a U our Lordly £ i/hops, andremove them from alltheir temporaB of-■ fees and imployments, that fo they may follow their fpirituall y ^ trmme p tht Plouoh-tarle , (which they willfcorne to doe, as long as they are plough & i, 4 - Lords it being an unfeemely and difhonoutable thing for Lords to * . 6 . before f t JLZ and no longer Hence their fellow Brethren, op. prelfe molclland vex his faithfull Subject, androoteout all oowerfull frequent Preaching and Preachers of Gods word, w now they doe : From which kind of Lordly Prelates with their Antichrifti an Rotnifh praftifes and Innovations now on footed Good Lord deliver us ; fincc they have neither Gods nor theKmes Law to authorizethem, or lupportthatuiurped Pa- miltirfnnicalilurifdiftion which now they exercile, under which the whole Kingdome groancs and languilheth,defiring 166 to be unburthened of it * as an intolerable yoake of bondage, which it can no longer beate, as now it> aggregated I fhall therefore clofe up all, with the Canon oft he Comcell of Paris * Sums Tom. under Lewes and Lotharius, An. 819.® l.ix.aj. worihv ourdo¬ rp^* John, is. stb. jo. l,Tet.u Etclefoz, 9 Mitre, tim. 4 . mineering proud Prelates moil ferious rumination. Quia font pleri^ qHi non fat emit ajfettu circa gregem fibi comijfum fed quen- damexercere videmur Dominatum mmf nonut Dommicum, fed fiat 1 bus vertoft arrogant ia in flat!, ut fuum preprtum trail are non verentur. Quantum a pat emit at is officys aberrentfubter eollella document* declarant. Dominm in Evangelio, Sidiligu me.prf- eeovesmeat : MS A S inquit, non TV A S. Item , qui ma¬ jor eft veftrum, eritminifter vefter : Stnonpefimulta. Non ita erit, inquit , inter vos. Sed qui voluerit inter vos major fieri erit vefter fervus. Petrus , Neque dominantes in clero led for¬ ma fadi gregis ex animo. Solomon, Principemte conftitue- runt?nolli extolli, fed efto in eis, quali unus ex ipfis. Fulgen- tius inltbrode veritatepr&deftinationis etgratia ; Non idea, in- quit , fe felum quihbet epifeepus vas miiericorditeputet in glo¬ ria preparatum, quia pontiheali * militia fungitur, led fi pro grege fibi redico iolicicusS E M P E R invigilct.et P R A D I- C E T V E R B O, inftet opportune, impertune, arguat, obfe- cret, increpetinomnipatientiaetdoffrina. Necfibi domina¬ tum fuperbus ufurpare contendat, fed Apoftolicis inforinatus eloquijs et exemplis, fervum fe cunetis exbibeat, neque fedis illius altitudine, collatum fibi gaudeat temporals faftigium, fed humili corde fidtlibus Pra;beat bonse conventions ex- emplum, Quicutxf igiturfacris offices fervituri , fub quolibet or dine applicants, dignum eft, ut illius die ant ur, cujus fervitio tnanetpantur, Quia ergo tenteritate , imm 'o P R t/£ S V M P- TV OS A VA NIT ATE quilibet pralatorum dicerepra- fumit} Ilia congregatio meaefi, aut I lie prafbyter vel (fierieta metaefi,cum NO N SIT ILLIVS SET) ILL I VS CVI DIC ATVS EST ? Proindequia is inolitus feftu ecclejiafiica non concordat regula, corrigatur 7^E CESSS EST. Chriftidu V ChriftiAH %e*der,ih is pall age Should have been inferred p. jMiuSc'p'^tr^ing the power and right ofO, dinatioa. withi theft dinatioa, with thefe entiling Authorities ana memoraoic e«mpl«. Anno D cm. 1389. the LoHards, Mel,fs-dfi,pies(zs . ^ tfvJfingham records) running very many to the,,rS& grew>fi An. 1^9 .f. "j*LL t h* t their PrefbittrtbkfiBijhtft , created and craned 574 - »tValfingham records) »<«*£ wtf ‘ VAfj'ta audacious', that their Prefbiters hkeBiJbops, created andordajned 574 - net Prefers-, affirm.ng, that ever, ^fMeptvedjamtch V.wer Jbinde ana loofe,and to mtmjler other Ecclefeafftcallthsgs, « the lope himfelfegiveth orcouldgive Ordt- luon they exerifedfn theDtoceffe ofSalifbur,: Andthofewho " er JyKedb,them , thinking all things to be lawful to them, Z efumcd^o celebrate UKafes , and feared not to handle Dtvme f t hLu and admit*fterthe Sacraments. ] h u 'rhjt was the *J J' ’ (revered by acertatneman Ordered a CMintftcr by v^rm&fra- “Si ofS^S^^e^et ofoLation £► — belonged as much to Prefbiters by Gods Law , as to Bi ops, l6l0 . f 483. wte, or 2. 5 > {uDnrcf r cthc preaching of the_Gof- 9m ’ , of 2. H 5 .c.15. madeonely by thefiimops w~ j 88 . Commons conlent; to fuppreflethc preaching of the: Gof- , 9 g. , in fo likewife ordayne Minifters without it ; and that j 99 .6oz. , PAL.® La^,u A onelv bv Prefbyters without a Bifhops 604.639. , , \ r 0 Hkewife ordayne Mmiiters witnuui u., V ‘ pell, ) 10 liKe y p rc {byters without a Bdhops 604.639. Mmifters or ^ J hwfull Minifters, and might law- pnyuy 01 ^±™?e>Z?;L c difeharse all Minifter all Off.- 4 ,f,‘roc " f find moreover that » fanruay 20. 1542. IO oi.ioo6. i t «“«- ^v* 6 - l6% wee have Preibitcrs notonely ordayning aPrefbiter, bat a Bilhop. Iftherefore the Prelates Paradox Be true 5 That bee that ordayens, is greater in Jurfdill ton and degree, then he that it ordayned. It will hence inevitably follow, tnat cbefe Preibicers (and thole who ordayned the firil Bifhops,) weregreatcrin . . .... 1 in'ildidion,degree and order then BilKopsjAnd then’farewell * c ytr^unbtd their pretended Hierarchie : e eAtno Dorn. IJ37. Chrifiian 4 ‘ the ? > King of Denmarke, removed and fupprejfed by apubltyu • Editt, all the B i/hops of hit Kingdomefor their intoller able Trea fonsandrebellions; abolifhingtheir Lordly Btfhopricky, at contrary to our Saviours infritution, the meanes that madethemidle, proud ambtcimsnnpr caching Pre lates,andfediciotu treacherous ’liebe lit totheir Trinces; andtr.fr cad of they. Bijbops of Denmarke, he in¬ stituted-] .Superintendents, to exercifethe OfficeofBiJhops give Orders to others, and execute allecclefrafricallaffayres; which 7. Superintendents Augufl 26.1 j $7. received their Ord,nation from John Bugenhagtm a Proteflant iJMtntfter, in the Cathcdrallof Hafnta, in the prefence of the King, and Senate of Denmarke . Loe here all Bifhops caflieired, as falfe rebellious Ttaytors to * SeeCentur, their Soveraigne, (as they have d ever beene in all States and a- Mage.4,4,6.7. g ef , therehaving beenc more notorious Tray tors Rebeils 8.9.10,11 and Confpirators of Bifhops, then of all other rankes of men I o*Mt ^ 0rId / aS J r ab, £ to g°°d,)as contrary to Divine Bcclefa brit, * fixation (and fo not Jure Dtvtno , as t hey now boaft; ) and and Godwins Superintendents ordajned by a meere Prefbiter in their freed, to Catalogue of conferre Orders unto others in all tbe Danifh Churches. In e the t mi ?£ °f: e f° rm * ti0Ki ” Germany,and other places, Luther and Cbr/Zonk „ , *$?*; orda J»td Deacons and Mimflers, and fret I.14.I Beo k es ff the manner of Ordination, without any Bifhops affr. J? franco; Which power of Ordination and impofition of hands, hath ever fince beene praftifed by Miniftersin all reformed Churches, which have abandoned Bifhops, ( Such as ours are, and make them felves) as contrary to God s Word- Pa- 1 Patricij A- trick yidamfon Archbifhop of Saint Andrewes in Scotland dmfmi Tali - ui his Pecantationpublicjucly made in the Synode of Fife,April] X 5 px* Confefllth , That the office of a Diocefan Bijbop, Omni authori- 1 69 authoritafe verbi Dei defiituitur, et folopolitico hominum commento fundatur;» deftiiw.e of all authority from Cjods Word, and one !y founded in the politic f figment of mew, out of which the Primacy of the Pope or zAnttehrtft hath f trung, and that it it worthily to be condemned, becaufethe affembly of the Prefbiterj, pcnts quein eft lurifdidio et lnfpedio,tum in Vifitationibus, tum in Ordinationibus, which hath the] urisdittion and inflexi¬ on, both in V doc it onely as Prcsbiters, not as Bifhops ; Therefore Prcsbiters are fupe- riour to Bifhops in jurifdi&ion, order and degrce;and Bifhops thcmfcl ves, farre greater in all thefe as they are Prcsbiters (an office of Divine invention,) then as they are Lordly Prelates, or Biocefan Bifhops ; (a meere humane initiation.) Thus arc * See Bifbop our great Lord Bi rfiops( who * vaunt of the weaves of Puritan white his Epi- principles, Whereas their Epif copall are farre more feeble and file Dedicatory a kj urc j ) wounded to death with their ovvne weapons, and ail Blihoo ofcan- their domineering fwelling authority , overthrowne by that urhi!r°!before very principle foundation, on which they have prefumed to h« Tmtife o/eredit;thc ancient proverb being here truly verified, Vtscon- the Sabath. ply expert molt ruit fua. I fhall cloze up this with the words h Eefpcnf. ad of acute h Antonins SadeelfN ho after a large proof of Bifhops TuwaniSophif ajl( j Presbiters to be both one and the lame by Divine iniiitu- Z ' tion, Windes up all in this manner : We conclude therefore, (ee- ingthatfuperior Epifcopalldignity is to he avowchedonely by hu¬ mane infiitution, tantumede humani Inris, that it is onely of hu» mane right: Onthe contrary , Since it is evident by the expr effete- ftmonies of Scripture, that intbe ApoftUs times, Bt/hops were the famewtth Prefb/ters. hire Divina poteftatem ordinandi non minus Presbitcris quam Epifcopis con venire that by Gods law> and Divine right,the power of Ordination belongs as much toPref- biters as to Bifhops. Page 51.1.17. betweenepw*, and face- this fhouldhave mtheGrteke. beene infcribed. 7,and 9. in the So i Alexander & Narctffus we^e both Btjhops oflerufalemat tho Xnghjh, fame time; T animus and Miletus both Btjhops of Antioch toge- * Socrates Ec- ther : Theodofus and Agapetus were both Bifhops of Synada at tho fame frafon. m Valerius and Auguft ine were bot hjoynt Bifhops of Socrates L 7- J ^ippo together,by the unanimous confent oftheClergie and people; ^ Poftdmusin tend when as Auguftine, was loath to bejoyneda Bijhop with Vale- vita. Auguftini rius, alleaging it to be contrary to the Cuflome of the Church , to c.BfenUMagd* have two Bifhops in one City ; they repy led y Non hocefleinufita- 4« Col 4 679. tu m> t foat this was no unufuallthing confirming this both by exam - pie of the African , and other forraigne (Churches• Vf hereuponhee IJl was fat is fled. In the 11 Church of \ome , wee know, there have n beene[ometimes two , fometimes three , and once foure "Topesand u $ Luitbprau- Bijhops at onetime, Someadhering to the one fome to the other ; but dmsydlbode aliof them conferring Orders , making Cardmalls, andexercifing vdisPontificttm F apall jurifdittion. in che 0 Churches of Co-nftantinople , Ahxan - ^ co ^ ormi f drta, Jerufalem, <*s 4 ntioch>*\\<\ Ajfri eke,during the Arrian Afa- & Darius™ cedontan , Novation hereftes and Sch'tfme of the Donatifls , there S cifamte. were fucceffively two or three Bi/hops together in them , and other ° Eufcbw, So* Cities ; the one orthodox , hereticall and fchifmat really c rate hWccplM* i ea t i.he firlt Councell of Nice Canon, y. admires iiu Novation rHS > lir P artl [* Bifhops which conformedthemfelves to the Church andrenounced 'L'Cli thetr errorsyto enjoy the title and dignity of a Bijbop, andto be af- C^.c.io.du- foc/ated with the Orthodox Bijhops. if they thought fit; And guflitm contra P St . zAugufline would haVethe Donatifls Bifhops (where there Dom um. was a Donat ijl Bifhop and a Catho/icke,) if the Donat ifls returned ^ Dt ^ e fi^ r unto the unity of the Churchy thatthey Jhould be received into the ^mati^Tam fellowjhip of the Bifhops office, with the Catholicise Bifhops ; if the 7. pars: i.p. people wouldfujfer it; Poterit quippe unufquifque noflrum honoris 781,782: See fibi foe 10 copulato viciffim federe eminent ius, &c. utroque alter urn ^ c a? Wrights cum honore nsutuo praveniente. Nec novum alt quid efl, grc. As f ^ e he there defines : Therefore this was then reputed no novah MentmPbll** tie* TUtina 3 records ofTfhotarisy Kingof the Lombardsy who\ag^ 99 . ’ * declined to the Arlans , that in all the Cities of his Kingdome , hee * in vita Jean- permitted there Jhould bee two Bijhops of e quail power , the me a 4 & Mar- Cathohcke , the other an Arian; and that hee placedtwofuch Bi- tmi 7m Jhopsin every City. r Danaus proves out of Spiphanius , that an- de^h^r ciently in mofi Cities there were two or three Bijhops. Ntcephorus bus. bar 7 $, writes; That the Scythians neere Iflcr y have many and great Ci - c Ecclefiafl bift. ties, aliof them fttb jctt to one Bifhop; But among otherpeople % wee l * 11 knowy there are Bifhops not onely in every City flut alfo in every Vil- M f *• lage; efpecially among the *Arabians in Phrygia, and in Cyprus among the Novattans andMontanifls; Yea, no longer (ince then the c C^Al of Later an under Innocent the 3 d . therewere divers t C( mcil lat cap Bifhops in one Citie and Dioceffe , where there were divers Nati - 9 .s arm Tom' ons of divers languages and cuflomes : W hich though his Coun- p. 740. cell dilallowes where there is no neceffity; Yet it approves and per- xy% 8 SurimTom. r permits where there is a neceffity. Nay, u thofe Canons,Conftitnti - p. iio. »'*■*♦ aw, and Deere tails, which prohibit, that there ftould be many Bi. 1V4H 467 fb ops in one City, or that there (bould be Btftops in Caftles , Villa- 799. Tom, 3." get, or fmall Townes and Parifhes , leaft the dignity of Bijheps 740, f 57. Jbouldbecome common and contemptible ; Maniicll, that before thefc Canons and Conftitutions , there were many Bifhops in one City and Dioceffe ; and a Bifhop in every iittle CafUe, Towne and Countrey Village: And to come nearer home,the Statute of 25 .H. 8 .c.I 4 .ordayneth jthattherefhalbemanyfujfra- gan Bifhops exerctftng Eptfcopall jurifdiftton in one and the fame Dioceffe of England; with the Statutes of 3 i.H.8. c 9*3 3 - H.8. c.3 1 -34. ri-8.cr. 1 . which ereded divers uew Bifhopricks in England, and divided one Dioceffe into many, both intimate and prove as much. W hy then there may not now bee di¬ vers Bifhops in one City, one Church, afwell as there was in the Apofiles time, inthe primitive Church, and formes ages, or as well as there are now divers Archbifhops and Bifhops in one Kingdome; divers Minifters in one Cathedrall and Pa- rifh Church, I cannot yet conceive; unleffe Bifliops vvilinow make thcmfelves fuch abfolute Lordly Monarks and Kings, 5 Wee quen- as cannot admit of any K eqstalls or corriv alls with them , and bee quam jamferre more ambicious, proud, vayneglorious, covetous, unfociable, powjf cefurica then the Bifhops in the Apoltles and Primitivetimes , whofc priorem, Pom- f ucce fl' ors they pretend themfelves to bee in words, though Lucanthey difelay me them utterly in their manners, lordlines,pomp, and fupercilious deportment, which they will not lay downe for the peace and unity of the Church of Cbrilt. I ihall con- 7 T>e Gejliscum dude this with that notable fpeech of Saint 7 Auguftine , and Emerita Dona- thofe other almoft 3 co. B‘ft ops who were content to lay down their sift : EpifcMb. Btjhoprtksfor the peace and unity oft he Church- Et non per Here fed T 001,7. P* rs 1 ' T)eo tut ins comen dare. Anvero Redemptornofter de calis in hu- 7 81.78 J, m ana membra defeendit, ut membra eius effemus, et nos ne ipfa e- v ins membra crudeli diviftone lamentur , de Cathedris defeendere formtdamut ? Epifcopi propter Chriftianos populos'ordinamur. Quod ergo Chriftianispopulis ad Chnftianampacempredeft ,hccde noftro Epifeopatufaciamus, Quodfum,propter te } fum,fttibipro - deft; -f v I o .. ; * r?> r fitamagiscoRegerit^quam retentadifperjerit* rratres met,jt minum cogstamus y locus Me alder ft ecu/a vinitoris eft, nonfaftigi- umfuperbientis . Si cum nolo ret inert Hpifcopatummeum d ftsrgo gregem thrifts 9 quomodo eft damnum grtgss honor P after ss? l^am quaftonte infuturefeculopromijfum a ('hrifte fterabimus ho*:o~ rem y ft Chriftianamin hoc feculonofter honor in>f edit unit at em ? To which I fliall adde,as a Corollary,a like Speech of that ho- ly devout man, S. Bernard, * Who as hecorftantly refund {out * SeebU life efcon faience ) t/?- thought, taught: i.i s.cowfat. p.45.148.^: p.tfXio.wouU, could: L2$.therefore, therefor p.49-1 7- Ti- mothie is. p.y 5 . 1 * 3 , two, three. I.i 3. falfeaes, falfe forgerie. p.61. Liy.confe- queat 3 C0«/iwf.p,6 1 J .C.purfeivant p.7, blot out one: and, and that.Y 8. j ealofa : \.i6jatmg>p, 6 ^t\. 2 .i,dcn\cd‘deereed.^ 47 ° L14 ’dlten: p.74.l.y 4 Ihy?of,i/.Li7.much, w*fe.p.iyy.L9.wzrded.p.iyd-l 2 the,wr. _ . In the Margin: p. v ,l. 3 4 ftff *.«*■»• P-J • ! *7«.pj Z.l mam 5 4 aa«w,p. 58 . 1 . 6 jwhen.wbtre :p-6i.U- Me(«»»i.p.64 l-»7. Mtldmfe . p. 7°.U./«<*. p. 9 ? .1.1. cate/ogo.p. * ° j.l.i*.toj.p.J i J |4*«*IW 3 0<1 ^ T«m. j ,p. 149 . 1,1 7p. e. 1. 15 .1 J* 11 • P' 1 5 zA.f.iivoteisJamtbetrJed. __ sp -m- - 4 - '■**• '-«-' »»' ~*'- wf ^ ojv» J|j wJ5 djf> 0*5 3J* <3f* ofj 3J5 dj> 3 Jj 4 CO ^CCO\T)l A VISCOUS,* 13 * < 8 » O R T HE * DISSONANT HARMONY* *g> O F l p/ ig» *$> ^ OTjgJ^ ^gj Sacred Publjcjue Oathes, Protestations *«8» eg* Leagues, Covenants, Ingagements ^ ^ Oath performing, Cvenant-keeping God , and all Loyal s|» ' confciencious Suhjtcls • fufficicnt to create a dolefully Hell, and tormenting Honor in the awakned^ Cvnfcknces of allthofe, who have taken, and viola. «0> ted them too, fucccffively, without any fear of Cod, *|> Men, Dcvils^r Hell. and their force is not right. ag>. Auguftin de verbis Aooftoli Sermo go. Falfa ]uratio esitiofaeft, veraagk juratio peticulofa eft, nulla iurario fecuia eft. Tanrum ma!ihabet g S juratio, utquilapides colunt timeant filfum jurare per lapides: Tu con times Deum prasientem, Deum viventem, Deum feientem, $pg Deum movement, D<-um in contemptores vindication ? vis ereo 9 IT longe effe a perjurio ? Jurars noli. * ''iF Chtyl.llom.ii.in Mat.5.Nifi juramentu interdtcatur,non poffuntamputari in Little Britain , 1659. ^ r The diffonant Harmony of facred publick. Oaths ’ iProteJlations, Leagues^Covenants^Engagements t lately taken, <&c. "Tft 1ST Any are tIie P ublick Oaths, Proteftations, ! |m fm Leagues,Covenants,whichall Englilh Sub- i|% / 1 jefts c efpecially Jndges, Juftices, Sheriffs, I W m MaiorS ’ Mimfters, Lawyers, Graduates, JL ™ Members of the Commons Houfe, and all publick Officers what(oever) by the Laws and Statutes of the Land have formerly takento their lawfull Hereditary Kings , their Heirs and SucceJJbrs , to bind a BraSon > ! ?• their Souls , Confidences, to bear conftant Faith, Alle-I™ 1 ^ 2C - '* giance, Obedience, and dutifull fubjeftion to them; and to Lombardi 1 ** defend their Perfons, Crowns,and juft Royal Prerogatives, Archaion.’LL.' with their Lives, Members, Fortunes, againft all At- Edwardi Con - tempts, Confpiracies> and Innovations whatloever. Which fefloris L ex, being almoft quite forgotten by thofe who have formerly a 5 * Spelmanni taken, and as frequently violated them over and over,, f p * in the higheft degree, if not abjured them by contrary late Cook 7 Rep, 1 Oaths and Ingagemnts ; I fhali prefent them in order to Calvins cafe" their own and others view, that they may confciencioufly 1 mft't (4, review, consider them afrelh, and bewayle their perjurious l 5 ’ <5 , 7 ’ f?- atheiftical violations of them, to prevent thofe temporal charra.f 6°* and eternal Judgments,which otherwife may and will mod Kicr. f. 46. 4f certainly fall upon them, & our Nation too for the fame. Ex aft CoIIe- 1. I fhali begin with the antient Oath 0; fealty ^ a which rtlon * P* ? 7 o. every Perfon above 14. years old, and every Tithingman was ^eldeirf, obliged to take publickly at the Court Ltet within which rum Vfot* ’ he lived 5 and was anciently taken afreffi every year by allp.i f0 . i 9 u A 2 the li tmm ekecutioH of the Common-law or to menace the people, that they may not purfue the Law, that ye do their bodies to be arrefied and put in prifon. And in cafe they be fuck, that ye may not arrefi them, that ye certifie the Kina of their names, and of their miftrifton haftily, fo that thereof hemayordainacomvenable remedy. And that ye by your felf, nor by other-privily nor apert- ly, maintain any plea or quarrel hanging in the HtngS Court, or elfewhere in the Country. And that ye deny to no man com¬ mon right by tf)e IftingS betters, nor none other mans, nor for none other caufe :■ and in cafe any letters come to you contrary to the Law , that ye do nothing by fucb Letters , but certifie the Ring thereof, and go forth to do the Law , notwithfianding the fame Letters • that pe IT)all no ant procure the profit of the i&ing, ant of the croton, fafitb all things inhere yt map reafonablp oo the fame. And in cafe ye be from henceforth found in default in any of the points aforefaid , yt (ball be at the i&ingS Will, of jlBotp, Hants anb Coots, thereof to be tone as (ball pleafe bint, as God you help and all Saints, Anno 18 E. 3. Stat. 4. The next Oath is that of Supremacy ,made and preferibed to be taken by all Judges, Juftices,Sheriffs, MaLors, Record¬ ers,Civil and EccleiiafticaIOfficers,Barrefters 3 Benchei'S,Gra¬ duates, MinifterSjAttornies wrhatfoeverjand all Members of the Commons Houfe, before they ought to fit or vote therein, by the Statutes of 1 E liz. cap. 1.5 E liz.cap. x. 17 Car. cap. 7. I A. B. do utterly teftifieand declar e in my Conference, That the ikings ^tgfmefs is the onlp Smptcam Cober* nor if this Healrn, ant of all other bis ^ighnefs SDomtnl* OHS ant Countries , as well in all spiritual or Ecclefiajlical things or caufes, as CempOjal: and that no forein Prince, Per- fon, Prelate, State or Potentate hath, or ought to have any Jurif- d id ion, Power,Superiority, Preheminence or Authority , Ec# clefiafiical or Spiritual within this Realm-, and therefore I do utterly renounce all forein Jurifdidions, Powers, Superiorities, and Authorities ; and do promife that from hencefoitl) 31 (ball bear iFaith ant true allegiance to the Htngs iTMgbnefs, bis ^eirs ano latofull £>ucce(To?s, ano to mp joiner fhall alTift ano befenb, all Siuufotttions, $?ibileges> Eminences ano Authorities granted o? belonging to the Jitrtgs ^ighnefs, hts^eirs ana §>uceeffbrs, o? united ano annered to the imperial Croton of this l&ealm. So helg me God, and by the Contents of this Book. 5. The 5th. ( Oath ofequal Latitude and Extent, as the former ofSupremacy)is that of Allegiance, preferibedby the Statutes of 3 Jacobi,-cap. 4.7 Jac. c. 6 .17 Car. c. 7 tend¬ ing only to, tie "Declaration offuck Duty as every true and well* ajft Vied Subjeti, not only by Bond of Allegiance, but alfoty>t\)Z Commandemeut of Almightp C 5 od ought to bear to tits spajettp , his l^cftS ant) §)«cceflo?0-, which Oath fuck as are infected tottl) popiflj &uperffition do Oppugn with many falfe and unfound Arguments,the juft defence whereof, his Majejiy fKing Jime^hath heretofore undertaken & worthily per formed, to the great contentment, of all his loving Subjects not wit brand¬ ing the gainfayings of all contentions Adverfaries.And tojhew how greatly%\z llopal Subjects did approbe the faid ^Dath,*^ predated them [elves at his Majejiiesfeet, be fetching his Majefly that it might be enabled, ttjat tt)e fame iSDath may be atnnt* ntlfreo to all l)tJ 5 Subjects. The words whereof are thefe. I A. B. do truly and fmcerely acknowledge, profiffe, tefii* fie* and declare in m Conscience before God and the uorld 9 ‘J hat our Soveraign Lord King C H A R. L L S is latofttll and rtglitfull &ing of this J&ealrm ano of all other tits $pa* fdttfs ©ontintons anb Countries : And that the Fope,nei* ther of him [elf, nor by any of the Church or See of Rome , or by any other means toitb Hnp otljct halt) anp potocr 02 autho¬ rity to oepofe the lEting. c?tooifpoteofanp ofhisspajc* ftics aingcomes 0? SDominions 0? to authorise anp forctn Pjince to intaoc ot annor biw o? |)is Countries, 0? to ©iff charge anp of his spajetties £>ubjcets of their Allegiance anb Dbcdicnec to W spajefip; 0? to gibe licence 0? Icabe to anp of them to bear Arms, raife tumult, 0? to offer a* tip biolenee 0? hmt to his Spajefties Kopal Perfon £>tate 02 ©obermnent, or to any of his Mayflies Subfeds, within kis ■Mate(lies Dominions. Alfo , 1 do fwear from my heart, that notwithstanding any Declaration or fentenceofWomrnunicati* . ( < 5 ) m or deprivation made or granted by the Tope , or kit Succef- fors, or by any Authority derived, or pretended to be derived - from him , or his See, agatnft t\)t faiD &ing 1)135 1 £eitS 0? £>UC<= celfoss, d? anp abfolution of tl)c fata Smbjerts froth their ebeaience : 3 toill bear iFaftb anatrue Allegiance to bis SjS)a5efip ; bto ©etts ana a>ucceffo;s, ana tjmx ana them to ill aefena to the uttermolf of nip potoet, againft all Con- (piracies ana Attempts tohatfoeber , tobicb fljall be maae againS bto os tfjcir Jberfons, their Croton ana dignitp, bp reafon os colour of anp fnclj Sentence os declaration, c? otbeetoife, ana toill ao mp belt enacabour to oifclofc ana make hnoton unto bts spajetfp, bts feetrs ana S>ucce(To ( js, all dreafons ana traiterous Confpiractrs, toljtcb 3 lbatl ftnoto o? bear of to be againft btni, os anp of them. And l do further fwear, dbat 3 ao from mp heart abbo?, aeteff, ana abjure > as impious ana bercticaUbis Damnable do* ctrine ana Volition, Chat ^incestobicb be ercommu* ntcafes bp tbe ^opennap be aepofea o? murtberea bp their Subjects, o? anp other tohatfoeber. Ana 3 ao beltebe, ana in Confcience am refolbea, that neither the j^ope, no? anp perfon tohatfoeber, bath potoer to ablolbe me of this datb, o? anp part thereof, tohicb 3 acknotoleage bp gooa ana full Autbosttp to be latofullp aaminiftrea un* to me, ana ao renounce all ^araons ana difpenfations to the contrarp. Ana all thefe things 3 ao plainlp *nt fincerelp aefenotoleage ana ftoear, accosting to the tp prelfc toojas bp me fpofeen, ana accojaing to the plain ana common fenfe ana unaerltanaing of the fame toojas, toitbaut anp equibocation, os mental ebafion, os fecret retcrbatioa tohatfoeber. Ana 3 ao make this Kccogniti* on ana Acknotoleagement bcartilp, totllinglp, ana trulp, upon tbe true ifaUb of a Cbstftiait So help me God. See Exaft t ' ie * r ' e O at ^ ls I fhall fubjoyn the c Proteftation , CoHedion, p. ma de and taken (in purfuance of thefe Oaths ) by all the 278>296,3?7, Well-affe&ed Members of the Lords, and Commons Houfe 340 341,3* 1, the latf long Par Lament ,and voluntarily takgn by all the beji off * 367,491,49*, ft e d people throughotrt the Realm, and by all, or moil Officers $21,523,666 , anc j Souldrers of the Army; by their Authority. 770,8*8,83* 1 3 Die THeMercuriiy 5 Maii 3 1641. ’ We the Knights, Citizens, and Burgefles in the Com¬ mons Houfe of Parliament, finding to the great griefof our hearts, that the defigns ofthePriefts and Jefuites, and other Adherents to the See of Rome 3 have of late been * more boldly and frequently put in praftife than former- * And have ly to the undermining, anddangeroftheruineofthetrue [' ie Y not been reformed Proteftant Religion in hisMajefties Dominions then eftablifhed And finding alfo that there have been, and ha- ever before ? ving juft caufe to fufpeft that there ftill are, even during this fitting in Pai liament,*endeavours to fubvert the Fun- * As fince and damental Laws of England and Ireland, and to introduce now, by dou- the exercile of an Arbitrary and Tyranical Government, bled illegal by moft pernicious and wicked Counfels, Praftifes, Plots fc^High and Confpiracies: And that the long intermillion, and un- Courts of Ju- happy breach of Parliaments, hath occafioned many ille- ftice, Arbitra- gal Taxations, whereupon the Subjett hath been profecn- ryjontfoes, ted and grieved: And that divers Innovations and Super- a . nd thEir new ftitions have been brought into the Church, multitudes Knacks * driven out of his Majeities Dominions; jealouiies raifed and fomented betwixt the King and his people; aPopilh Airny levyed in Ireland , and two Armies brought into the bowels of this Kingdom, to the hazard ofhis Majefties Royal Perfon, the^ confiimpfionof the Revenues of the * New quire Crown and Treasure of this Kingdom : And laftiy,finding fold andcon- a great caufe of Jealoufie, that endeavours have been, and fumed, are ufed to bring the Englilh A iffy into a Mif-undei (land¬ ing of this Parliament,thereby to * incline that Army,with * Have they force to bring to pafle thofe wicked Connie's, have there- , not ^"l ce rkac fore thought good to joyn our feives in'a Declaration of now^aga^cf- our united Atfeftions and Refolutions, and to make this f c ft t dit f' enfuing Proteftation. I A. b.do in the prefence of Almighty Old, promi(c,vrw,and proteft, torrain- tain and defend, at fa\ as lawfully I may, with my life, power, and eftate, the true reformed Proteftant Religion, expreffei in the Doflrine of ike Church of £ngland,dgJbment, all fuch as (ball either by free- pealiif ?, counfels , plots , confpiracies , or otherwife, do any thing to the contray in th’s prefent Proteftation contained. And furthers that 1 fttall in all juft and honourable waies endeavour to preferve the ffoion and Peace f 8 j between the three Khtisbms of England, Scotland, (finances of Parliament, approvingand radfyingthe fame. 428.458’ 4°?9, ^ A Solemn League and Covenant for Reformation 606,6 and defence of Religion, the Honour and Hap- 798.80t.803! pineft of th* King, and the Peace and Safety of 806*807, i 809’ the three Kingdoms of England, Scotland r . 878,87^889. ' and Ireland. W ENoblemen, Barons, Knights, Gentlemen, Citizens, But- geffes , Minifters of the Gofpel, and Commons of all forts, in the I&tngtiom0 c/England, Scotland, and Ireland, by the Pro¬ vidence of God living under 0118 King? and being of one Reformed Religion, having before our eyes the glory of God, and the advance¬ ment of the Kingdom of our Lord and Saviour Jefus Chrift, the 1 ) 0 ^ notir ana fcapptttefeaf t&e Jiitngs S|!*ajeftp,att6 fiia^olferf tp, and the true Publique Liberty, Safety, and Peace of the &tng- 501110 , wherein every ones private condition is included-, and calling iominde the treacherous and bloudy plots, Confpiracies, Attempts, andpra&ifes of the Enemies of God , againft the true religion and profeffors thereof in all places,tfpecially in tbefe three kingdoms ever jflnce the reformation of Religion, and bow much their rage, power, and preemption are of late,and at this time increafed and exercifedi whereof the deplorable eflate of the Church and kjngdom of Ireland, the diSlreffed eflate ef the Church and Kingdom 0/ England , mi the dangerous eft ate of the Church and Kingdom of Scotland, are prefent and publike Tefiimonies', We have now at loll, f after other means of Supplication, Remonstrance, Protejlations and fufferings ) for the prefervation of our [elves and our religion from utter ruins and ieSiruUion,according to the commendable praiiice of tbefe king¬ doms in former times, and the Example of Gods people in other Nations ; after mature deliberation, refolvcdand determined to en¬ ter into a mutual and Solemn League and Covenant, wherein we ail fubferibe, and each one of us for kimfelf, with bands lifted up t* the. mft higb God, do [wear , !, That ( 9 ) l» '■'jpHat we dull finserciy,really and eonftantly,through JL the Grace of God, endeavour in our feveral places and callings, the preservation of the Reformed Religion in the Church of Sotland, in Do&rine, Worlhip, Difcipline and Government, according to the Word of ©od, and the Example ofthebeft Reformed Churches; And {hall endea¬ vour to bring the Churches of God in t-he three Kingdoms, to the nearefl conjun&ion and uniformity in Religion , Gonfeffion of Faith, Form of Church-Government, Di¬ rectory for Worlhip and Catechifing ; That we and our po« fterity after us,may as Brethren, live in Faith and Love, and the Lord may delight to dwell in the midft ofas« II. That we {hall in like manner, without refpeft of per- fons, indeavour the extirpation of Popery, Prelacy , (thac is, Church-Government by Arch- Biftiops, Biffiops, their Chancellors and Commiffaries,Deans,Deans and Chapters, Archdeacons,and all other Ecclefiaftical Officers depending on that Hierarchy) Superliition.Herefie, Schifme, Profane- nefs, and whatfoeuer fliall be found to be contrary to found Do&rine, and the power of Godlinefi; left we partake in other mens fins, and thereby bz in danger to receive of their plagues, and that the Lord may be one, and his Name one* in the three Kingdoms. III . We (hall with the fame fincerity, reality, and con- <3“*re, whe^ ftancy, in our feveral Vocations, en&eaDout ffitth Ottt ftates ana Iftacgt* mutually to preferve the Rights and Pri- in cvcr y vilegts of the Parliaments, and the Liberties of ttj£ Ring* branch in the horns, and to pjeferhc annocfenD the Rings s^ajetttes h'gheft d e - . nerfoit aito authojitp, in the pjeferbatton ana Defence oT8 rce - j the true aSeltgion, anD ^liberties oftbe'RingDoms; that tbeftwlD man beat foitnefs forth «mr confcienccs of one Jlop8ltp,am> that foe babe no thoughts o? intentions to himtniffi bis lefties juft potoet ano greatnefs IV* We (hall alfo with allTaithfullnet* endeavour the dif- coverieofall fuch as have been, or {hall be Incendiaries , Malignant*, or evil Inftruments, by hindering the reforma¬ tion of Religion, Dittoing tb* fromhts people, o? one ofttto^ingooms from another, making anp jFfactton o; patties amongff the psspte* contrarp to this league ( 10 ) anti Covenant, that they may be brought to publike trial, and receive eondigne punifliment, as the degree of their of¬ fences (hall require or deferve, or the JSmpjeme BiHDicatO? ties of both i&ingooms refpe&ively.or other,having power from them for Jut effeffc, (hall judge convenient* . V. And whereas the happineft of a blefled Peace between thefe Kingdoms,denied in former times to our Progenitors-, is by the good providence of God granted unto us,and hath been lately concluded, and letled by both Pailiaments, we (hall each one of us, according to our place and interefl, in- deavour that they may remain conjoyned in a firm peace and union to all pofteritie; And that Juftice may be done upon the willful! oppofers thereof in manner exprtfled in the precedent Articles, . VI. We (hall alfo according to our places and callings in this common caufe of Religion, Liberty and peace of the Kingdoms, aflift and defend all thole that enter into this League and Covenant, in the maintaining and purfuing thereof, and (hall not fufifer out felbcs oirectlp o? in&trect Ip bp tohatfoeber combination, per ftoafion, o: terror, to beotbiDeo, ann toithbjtafon from this blefleo union ano conjunction, together to matte Defection to the contrary part, oj to gibe our felbesto a Detrffable inoifferencp o? neutralitp in this caufe, fohich fo much concerneth th® glo?p of CDob, the gmD of the iitingtioms, ano the honour of the tiling; but fijall all the napes of our libes, alouOp ana conftantlp continue therein, agatnft aU oppofitton, ana promote tbe fame accoutring to our pokier, againfi all % etc? anti Simpebiments tohatfoeber ; and what we are not able our lelves to fupprefs or overcome,we (hall reveal and make known, that it may be timely prevented or removed ; tohich to® (hall Doe as in the fight of <£>od- And becaufe thefe Kingdoms are guilty of many fins and prove* cations againft God, and bis Son Jefus thrift , as is too manifeft by our prefenl diftrejfes and dangers, the fruits thereof ; we profeffie and declare before God and the World, our unfeined defire to be bum¬ bled for our own fins , and for the first of thefe Kingdoms , efipe dally, that we have not as we ought, valued the ineftimable benefit of the Goff el, that we have mi laboured for the purity and power thereof, (*') that we have not endeavoured to receive Cbrifl in our hearts, nor to •walfwortby of him in cur lives, which are the caufes of other fins andLranfgrefsitns, fo much abounding mongflus \ -And our true and unfeigned purpofe, defire, and indeavourfor our felves, and all ethers under our power and charge, both in publique and private, in ad duties we owe tt God and man, to amend our lives , and each one to go before another in the example of a real Reformation, that the Lord may turn away his wrath and indignation, andeftablifh tbefe Churches and Kingdomcs in truth and peace Slfld ttjtS Co* tenant fee mate in tte pjrfence of ftlmigtep Coo tte ^earcter of all hearts, fcntt) a true intention to perform t^e fame, as toe (tell anftoer at ttet great dap, tdjen tt)e fecrcts Of all tearts (tell te Difclofeo. Moft humbly befeeebing the Lord to firengthenus by his Holy Spirit for this end, and to blefs our defires and proceedings with fucbfuccefs, as may be delive¬ rance and fafetyto bis people, and encouragement to other Chris fliao Churches groaning under, or in danger of the yoke of Aiti- ebriftian tyranny, tojoyn in tbe fame, or life Afociation and Cove¬ nant, to tbe glory of God, tbe enlargement of tbe Kingdom of Jefns Chrift, ano tte peace anti flCranqutlttp of Chtifftan Iking* Homs anD Commontoealtte' Subfcribed by William Len * that Speaker, Sir Henry Vane junior, and moft now fitting. Yet notwith(landing all thefe moft folemn, facred, legal Oaths, this Proteftation, Solemn League and Covenant, fwett- ly according with and ratifying each other, the remaining Fragment of tbe Commons Houfe, fitting under the power of the Army not only violated them all in the Higbeft degree, by their proceedings againft the late Iking, |)tS f^ettS and SmccefltyS to the Imperial Crown, the %oyal poflerity, Iking* ffiip,Kingdom, Lords Houfe, and their fecluded fellow Mem¬ bers', but alfo took upon them to fupprefs and fet afide thefe Oathes, yea to brand and ftigmatize them, for Uw latofull Catte* i to abfolve themfelves, with all others from them j andtofet up an |ngagemei 1 t of their own fra¬ ming, in diametrical Oppofioon againft all and every of them, impofed on all the three Natrons with ftrifteft ftve- ritv, by their Hew Knacf of 6. September 1649. drfabhng <,U Freemen of this Nation tofue in any Court ofjuftsce whatever. ( 12 ) augmentation, truff, or degree of Learning in the Vnveerfxties or gFXiftCoIJe- j fl f es 0 f Court, and debarring all Lawyers, Attornus font Jcaion, p. r heir wafticr, by a new kinde offra.mv.nire, who fhould not Abridgement take and fabferibe this Engagement : which the whole of tiif>vcfo;di Houfe of Cemtnons([u\ mg not the. leaft legal Power to g ad - tii the Tower, ministerany vfuaiOath to WitneflTes, or any perfon whatfo- p, 15r. r 7 o. cver j n an y cafeor Age,) had neither Authority nor Povr- 454 S’ce Oath ef tQ j m p 0 f e u p on the Nation, were it confonaat to the uitae precedent Oaths, Protestation, Covenant much left then the Unparliamentary Conventicle, fittingafter the Kings beheading, the Lords andMajority of the Commons forcible feclufen, and h See my Tree the h Parliaments actual difolution thereby, when diametrically and perfect repugnant to all thefe, legal Oaths, and to the Petition of Narrative, p. Plight it fell, 3 Caroli , complaining , providing againft «..» £0 4 °- 92 - the future adminiftring of anp £Datlj not tosrranfable bp the Latos ano Statutes of ibis Kealrn, in precife Terms; and whether this Engagement, be not fuch, let all Law¬ yers, Divines, and conlciencious E nglifhmen refolve. . I do declare and promife, That 3 | foUlbe true atttl fattfp full to tbo CominmTtoeaUlj ofOnglartij, as it is nofo elf a# biUbeu, Without a litttig li)ouf$ of All the Officers , Souldiers of the Army, and Garrifons through England and Ireland, were the firft men who fub* {bribed it, and returned their Subfcriptions in Parchment- Rolls to their Journey-men and Creatures at IVefminfler, who thereupon thought themfelves and their Government, (‘though founded upon Blond, Treachery, Perjury, )as lafting and perpetual, as if it had been founded on a Rocf, and the Sneered Principles of Piety, Juf ice,Right eouf- nefs, and general publicKNational confent. But thofe very firft Engagers to them, when they had done their Drudgery , and opptefied the Nation with doubled and trebled Taxes to fupport their bloody wars by Land and Sea againft their v Protefiant Kihg,and Brethren of Scotland 8c the Netherlands i The true on the 20th. of April 1653. fodenly turned them out of il J c Doors, and power, with force and’highefteontempty# pern Common* f ons pervertingthe endsofParliament,oppreffingthe people , wealth, p. 9, making Gain the main of their Bufnefs, and utterly impoffible in u, ’ that corrupt (fate, in the judgements of the mofi moderate men to become cme the inflruments of our long dtfired Ejiablijkment. And then fetting up a Protector over their Infant Common-wealth much againft their wills, the MockfParliament under him C whiles above 150 Members duiy elefted, moft confided in by the Country were forcibly fecludcd) by their Addi¬ tional Petition and AddrelTe , the 26th. of June 1647. im- pofed this new Oath on all Counfellors of State, and Mem¬ bers of Parliament. I A. B. do in the prefence of God Almighty promife end [wear, jfhat to the uttermofi of my Power I wiU upheld and maintain the true reformed Proteftant Religion, in the purity thereof ., as it is contained in the Holy Scriptures of the Old and New Re fl ament , and encourage the P rofeffion and Profffors of the fame. And that % irnll be true ane faithfull to his Ipigh * netTe the 3 Lo?d fpfcotecto? of ttjc commonforslth of Cng- lano, 3 >cotlano, aim Slreianb, ano tbe SDomtntons there¬ unto belonging as chief spagiftratc thereof. Andty ail not contrite, befign 0? attempt anp thing againa the per* fan 0 ; lafofuU&utljojntp of the ilom pjotecto? ; Jhati keep fecret a1 matters that fiiall be'treated of in Counfd, and put un¬ der fecrecy , and not reveal them but by Command , or confint 6f his Highmjje , the Parliament, or the Comfel■, and (hall in all things faithfully perform the trufi committed tome, MS a Counfellour, according to the bejl of my vnderflanding , in order to the good Government , peace and vettfare of thefe Nati¬ ons, And Jhall endeavour as much as inmejyes, as'a Mem¬ ber of Parliament , the preferyation of the Rights and Liber¬ ties of the People. Thefe Oaths were fwoinfby many of thofe, who had ta¬ ken the premifed Oaths , Protefiation, Solemn League and Co¬ venant, and the Engagement too,) both to their Proteftor Oliver and his Son Richard, with whom the Army-Officers, Souldiers , and fundry-cthcrs in the name of moft Coun¬ ties and Corporations of England , Scotland, and Ireland , in theirdpecial AddrefTesto Richard, faithfully promifed to live and die : 3fe £ *° wirhin few Months after, not- withftanding. thefe Oaths and Addnff s, by a rfiiraculous Divine providence(admi table in all confiderate mens eves) they not only all deferted, but degraded him from his Pro- teUorfh'm without one (broke, or drop of blood Mu orS word drawn ( 4 ) drawn in hi* quarrel; after fo much Chriftian bloud died, Co many Millions of Treafurefpent,and many years travel, care,by his Father Oliver, to eftablifh his Pojlerity in th'is new- ere&ed Supremacy, Proteftorlhip; and that by his own Ar¬ my-Officers, and neared, moil endeared Relations, even in a moment, beyond all probability or poflibility in humane apprehenlion. To accomplifb this ftrange unexpe&ed work , the Army a Officers called in the old Vnparliamentary lun&o fitting fince theyear 1648. till April 20.1653. whom they formerly dif- - folved and unparliamented, fecluding all the reft of the old Parliament fitting till December 6 ■ 1648 by force and arm¬ ed guard?, with the whole Houfe of Lords, recreating them alone for a Parliament : who ufurping to themfeives the name and power of a Parliament, againft both Law, Equi¬ ty, Rcafon; difnaounted his Son Richard from his Protefter- pip , unlorded, degraded his New other Houfe of (JWuprom Lords, and new dubbed Knights, cafhiered feme of the Army- Colonel/s, and other Officers, who helped to make them a Par* liament, & him a Protector ; and may gratifie the reft in this kinde; CommilTioned fome, whom Oliver caffiiered; turned moft of his Council,Commiffioners, Judges, Creatures out of their Offices; and pulled down moft df that he let up With force and blood. Who now thinking themfeives fc- cure, and forgetting all their former, with thefe late fodain Revolutions,Changes, as the juft rewards of perfidious breaches of Oaths,’Proteflations, .Covenants to their lawtull Sovcraigns, they hav now afrelh to make us a F reeU with as feme penalties. Having urame nta 311icita,ji>rati c t jurats fer- having prefen ted you with thefe contradictory, repug¬ nant, irreconcilable Oathes, Protections, Covenant, and Engagements, I fhall propofe fome few cafes of confcience upon them,in this age,whenCo»/c/e»re is fo much pretended, andiaierty of Confcience fo much prefed,that tendernes of Con - jcience, and Confcience it felf, are hardly to be found in the greateft pretenders to them. i. Whether all lawful!I facred Oaths, Vowes, Covenants, Probations, doe not, firmly, immutably, inviolably bind ftoli,&s^ thefouUconfdences, of all that take them, to an GratWcaur! indifpenhble, fincere, faithful performance,and ftria obfer- 22 - t, vation of them, to the uttermoft of their power in all eftates Gror,u : de J a ' and conditions, as is evident by Numb. 3 0 . 2 .tor 4 . Tofli ? ?? 9. l.9,20.Gal.|• x 5 Deuc.2311 -30.39.Jobi2.27 Jusjurandum' Pf. 15. 4< Pf.22.25 Pf.6l*S» Pi.6-6.r5. Pf., 16.14,18.Pf 13 z. iiabcturapud 2, 3, &c.Ecclef 5.4. Jer. 44. 25 Jonah 2 9, ffay ,p. 2r . °mnes ulti- Nah. 1.15. Gen. 21. 23, 24, 3 r. c. 24. 3 .to ro . 37. to 47. SI & C 2 < 5.3 47* 3 J . c. 50. 5, 6. Levit. ip. 12. Jodi. 2. KldSlSSSJ 17. lo. Judg. 15. 12, 13. Deut. 8. n. Jolh. 21, 43, 44. veracitatis l.Kirgj r. 13.17,29,30. 2 Ghron. 3d. 12. Ezra IO 7 .P' 8 nus * Pro ' Neh. 13. 25. Jer.4. 2.c 11.5.1^5.33, 1 Kings 15. 3 “Zl ^ 4 ,5. 2 Chron. 2i. 5, < 5 ,7. compared with Hebr 6. m “ma fides An Oath for confirmation u to men an end of aH ffrifeiwberfore God inter homirci willing more abundantly to (hew unto tbebeirs off romife tljC hlP tumG, * cot . mutabilifp of his Cotmfel, confirmeb it toith an jSDatb fumBjrb3i <*» that bp ttoo immutable thingsChis Oath and Covenants 3 ”,*]"- nhcb it is Impofltble fOJ Cob to lie,we might hate ftrong confo- eft ea quam * lation, Pf. 89.3.34. I have made a Covenant with my chofen, I perjuraca have Cinojn unto David my Servant. Sl 9 p Cobenant tutll' X pa d* fp°nfc* not bteafe, no? alter the thing that is gone out of mp ifpps n S ! dh n bec f . Once have I ff»0?n by my bolinefs that 31 totU not lie UlltoSa* HniicarS^* bio, Pf.i 3 2.11. "the Lord bath ftoo?n in truth unto SE>abtb,he *n>iqu. Rom.' tntU not turn from it. Jer. 33. 20,21. Thus faitb the Lord Nullu raVin- Jf youcanbrcakmy Cobenant of the day, and my Cobenant 0 H u ! um ad sd- tbe night , and that there fhould not be day and night in their Jeafgn. fideXmalo- %btn may alfo mp Cobenant be biohen fotth IDabib my noftd y u - Servant , that be fhould not have a Son to reign ufon bit throne. Iframento arfti- GodsOaths and Covenants to mortal linful men be thus true, Us dIe r ToIue * cenftaiu, fincere, firme, matter able, immutable 5 then by like offic. u“ r * ^ reafon (l & ') reafon fhould mens Oaths and Covenants to God and theL lawful 1 Kings befucb, a* Pfal. 15. 4. Ecclef, 8. 2 GaJ. 3. 15.1 Levic. 3% 2. to 14. and theother forecited Texts refolve. 2 Iy. Whether the late violation through fear,or felf-refpefls, much morje the wilful! jufttfication,perjam^ repeal, abrogation, abjuration of our facred lawful Oaths, proteiiation, Covenant , Gratian 8 & W> ^ s nota k mo ft detcfrable,crying,fcandalous,damning frn,exceeding- Grotius:' ibi- b difhomable to God, injurious to Religion ; & drawing down fad , dern. Caelius private, per ferial and National judgements, on tbofe who are notoris Rhodiginus oujly guilty thereof , as is moft apparent by £zech. 16, 5 9, c. 17. AntiqT™ J J,t0 2 7 * Zech< 8> * 7 - c 4 -Lev.6.3,4,0.19.12, SjJSj ' * jf >rov - 2 4- 21,21. Jer. 5.2.0.7.9.1017.0.34. 8. to22.c. 52. 3,4. Deut- 31. 20. c. 29. 20. to 29.Pf.78.10. 37.57» to 65. * Chron. 36.13. Jolh. 9. 20. 2 Sam. *1. i.'to 11. Jer. 23.10. Rom. 1.31,32. 1 Tim. 1. io. worthy fad andfe- rious perufal. And whether thofe who are deeply guilty of thele fins, can ever expedt to enter into heaven, fince this is made the fpeciaf charadfcer of a Citizen of Zion, Who fhall dwell in Gods boly hilly Pfal. 15. 1, 2, 4. He that walketb up¬ rightly and worketb right eoufnefs , and fpeaketb the truth from hit heart, that Ctoeareth to hio ohm t^urt aim rlmngctt) not, much more then when for his own and the publick good. jly.Wfitther thofe who have made, taken, and equally violated all or moft of thefe contradiftory Oatbes, Proteftati- ons, Covenants, Ingagements alike, be not perjured perfons, and Covenant-breakers in folio , void of all real fear of God, truth, faith, confidence, honefty, religion, if the premifed Scrip¬ tures, or Ecclef. 9.2 Atts 5.3,4,5, may be credited ? And whether thofe who have been thus perfidious, perjurious, fidefi aguf, treacherous to all others, can in point of juftice, oonfcience, prudence, policy, impofe an Oatbupon all or any others, to be true } faitbfull and conftantfrn their Oaths,Cove¬ nants, trulls and obedience unto them 1 ( efpectally before thern- felve* have taken any fiich Oath, to be true, faitbfull, constant to their own principles, or any fixed felled Government:') hnce they have taught them to be treacherous, perfidious, difloyal, by their own precedent examples ; and God himtclf hath de¬ nounced this Wo, and retaliation againft l'ucb. Hay 33.1. Wo unto thee that dealejl ueqcbmnflh and they dealt not treacbe- toufly with thee ; when thouJhalt make an end to deal trcachertufiji i they (hall deal treacheroujly with thee. Which we have feen ve¬ rified of lace in fuadry particulars even to admiration, by divine retaliation, to deterr all henceforth from the dange¬ rous fin of Perjury , T ' reachery , Oath and Covenant breaking. „ , 4ly. Whether it be not a moft impious, unchriftian,exe- rc ^ 0 £ pe i lic ‘ crable, if not Athciftical praftice, for any perfons whatfoe- et q U icompeU ver feipechlly without any colour of Parliamentary Au- litur unique thority) to impofe any Oath, Vow, or illegal Ingagement funt P«juri 8c upon others, diametrically repugnant to, inconfiftcnt with J,° 0 ^ u fqula their former legal Oaths, ProteHations, Covenants,impo- pra , ce p itl Mi- fed on them by unqueftionable Parliamentary Authority, i e s quia plus to their lawfull Soveraigns, to enfnare, wound their Con- Dominum fciences , and involve them in the guilt of unevitable , moft J'jJfJJJf" apparent * Perjury, and breach of all their former Oaths, 3m di i ex ; t . Trotejlations , Covenants > And whether fuch incur not that Qratian Caufi, woi nlfay to, i, 2,3. « Wo unto them that decree unrigh*» 2. qu. 5. «teous decrees,and that write grievoufnefle,which they have Auguftin, “ preferibed, to turn afide the needy from Judgement, to •< take away the right from the poor, (exiled Royal Ijfue ) y u tc and that they may rob the Fatherlefs; And what will ye do «c j n the day of Vifitation, and in the defolation which (hall Grecians, andmofi other Nations, who alwaies *im* iitari, I. 2. ' P°fed aMiliiary Oath on all their Army-Officers , Stuldieis. J (yxzr- Akxaoderabranted by ^ Tim. 2, 3,4. )And in the mean time , to inforce Alexandro. fuch a Oath upon all their Judges, Juftices , andGivil Offi- M cers > a g a i n ftth«lr Judgements, Confciences, who are Ortba c. 2T.V 6 c. d° x in Religion, approve of lawfull Oatbs,( impofed by legal 15. Calvini Authority of Parliament ) Magi H racy, and Miniftry, which A- Lexicon Juri- nabaptifis, Quakers;, and other SeUaries profefledly oppugn, dicum : Tit. and now violently endeavour to fupprefle ? And whether Mintare ^f 1 ^ofe naw > or an y others who have taken the foreci- Connanus, I. tec ^ Oaths to the late King and his Heirs, or the Proteflation , y. c. 3. Groci. League, and Covenant, can without apparent perjury, and direft usdejure violations of them, repute thofe few Reliques of the old Beni, 1.1. c.a.p ar ]j arneBtj now fitting ( forcibly fecluding the Lords and Majority of their Fellow.Members ) to be a lawfull Parlia¬ ment within the Statute of 17 Car. c. 7? or fiibmic to any Oaths, Taxes, Edifts of their* as Parliamentary or legal? 6. Whether the forecited Oaths of Supremacy, Allegi- giance , Maiors , Sberijfs, Judges, Recorders, Bay life, Parlia¬ ment-Members, and others, in direft words, extending not only to the late Kings perfon J)«it hfS^tfrftatthS'ttCCtffojS, do not inviolably bind both them, their fofterities and our whole three Nations,Kingdoms in perpetuity, in point of Law and Conlcience, Co long as there is any Heir of the Crown and Royal line in being ? and that upon thefe unan- fwerable Scriptural prefidents and legal confederations, 1. Becaufe Gods Oath and Covenant made to Eve, Abra- ham, Utah, their Seed and Pofierity, and to the lfraelites and their children, and their Covenant made to God,by Gods own refo/u - lion, did oblige God himfelf and them in perpetuity from Generation to Generation, Gen. 3. j<5 - c. 8 21, 22. c.9.1, to rj. c.13.1 6,c. 13, .18. C. 17. 2, to 22 . c 2 ! 13,0.24.7.0.28.4,13,14. Egod, 28,43. c * 34 - 7 - Ley it. 22.3,4. Numb. 14.24.C. 18.. * * r\ ( ip.e. 25. 12, ij.Deut. 1.8.0.4.31,37.0. 5. 2,3. 0.7.9,10, 11. c. 8. 18. c. 11.9.C. 28. 46. c. 29.. 1.4, to 20. c. 30.6,9. c. 31. 21. c. 34.4. Jofli.7.11,15.c. 24.3, to 29, 2Chron. 20.7, 8. Neh. 1. 5. c. 9. 8, 32. Pf. 25.13. Ifay 34.5. c. 44. 3. c.59. 21. e. 6 1.8, 9.0.62. 22.Mai. 2.4,to 15.c.4.6. A&s 2. 39. c. 3 25. c. 7. 5,45. c. 13. 23. Rom. 4.13, 16. c. 9. 7,8. c. 11. 1, 2, 27. Gal. 3.16. to the end. Heb. 8- 6, to ii. c.i 1; 18. c. 13. 20.Lu. 1. 72, 73/ Rev. 12. 17. Levit. 26. 9,15? 25, 42,44. 2 Kings 17.15, to 41. Pfal.44.17,18.Pf.78- 10 ' 38.Pf.89. 3. 4,5, 34, 35. Pf. 103.17,18.Pf. 105. 8, io.Pf. hi. 5,9. Ifay 24. 5.0,42.6. c. 49.8. c.54. 3. Jer. ii.2to 12.0.22.9.0.31.31,32,33.0.29.10 00 20. c.33. 20, 21. c. 50.5. Ezech. 16.60 62.0.37.28,29.c.44.4.Hof. 8. i.Heb.6. 16 17. 1 Therefore mens Oaths, Covenants to Kings and their Po- fterity, muft likewife bind in fucceffion and perpetuity. 2ly Bicaufe Gods Oith and Covenant made to Davidt and to hit Hen ft. Royal Seed and Poflerity, touching their fuccefsion in the Royal ‘throne ofIudab t WLi hereditary,uicceflive, extend¬ ing to all hi* Iffue and Poller ity rand though many of them were wicked, rebellious, yet thi* did not caufe or provoke God to dethrone, ordilinherit them^ or infringe hi* Oath and Covenant to David, 2 Sam* 3. 12 tothe end. c. 22. 51. 1 Kings 2. 33.Pfal.89 2,3,33, 1038 Pf. 13*. ii, 12,13. Pf. 18 50. Jer. 53* 17* 19, 20^ 21.1 Chron. 28. 4, to 10. Jer.17. 24, 24, 25, 2641 King* 11.12,13,36, 39* *K ; ngs 8.9. 2 Chron. 21. y, < 5 , 7.2 Chron* 23. 3,8tc. Jer-23.4 5. Zezh.9. 9 John 13. 13,15. Lu. 132,33 Therefore much more where Oaths, Covenant* are made by Subje&s to their Hereditary King* and their Pofterity,they muft remain inviolable, and not be abrogated by their tranfgreflion*. 3ly. Becaui’e the Oath , which Jofeph took of bit Brethren, the children of lfrctl, to carry Kp bit Bones .out of jEgypt/sw-Canaan, •when God(hould bring them out o/^gypt,Ge».5o.24,25 ..though not made precifely for them and their Pofterity, was reputed by Mifes and them, to be obligators totheir feed, a* if made by b m, even in point ofConfcience*. as is evident by Exed. 12. » 9. And Moles teokjhe Bones eflofeph with fc/m,(though driven out of Ear by Fbareah') fO? tWD fttaitlp ftoO?« to t&e faying, God willfurely vifit and you (20 ) fiall carry up my bones hence with you. Which boneg of his they ( by vertue of this Oath ) notwithftanding Pbaroabs pur- fuic after them, carryed along with them through the red Sea, and through the wildernefle fort » yi-ars, and through the Land of Canaan, till they had quite conquered it, not¬ withftanding all their wars, Iejb. 24. 32. near 500 years after this Oath firft made. If then Mofes } Io(hua, and all the Israelites held chemfclves thus confciencioufly obliged by the Oath of their deceafed Anceftors above four hundred years before, to carry up lofepbs dead bones out of JEgypt, notwithftand¬ ing all Objections of haft and danger from Pbareab and his Hoft, their forty years wandring in the wildernefle, their wars in Canaan ; and meanefle of the matter in relation to their publick fafety,no wayes concerned in it. Then much more mud our Anceftors, and our own particular reiterated Oaths in precile terms to our Kings, their Heirs and Succete fors, which fo much concern our publick Government,Peace, Settlement, Safety, Profperity , engage our whole Kingdom and three Nations to aconfcieacious oblervation of them to the uttermoft of their power, 4 ty; Becaufe Davids Oath to Saul and Jonathan extended to their feed, iSaitit£4. 2i, 24, ee6 ano mp &zeb fo? cber. How confciencioufly David obferved thefe Oaths after the deaths of Saul and Ionathan, is apparent, not only by his love, favor 9 and affeftitn to cMephibofietb for Jonathans/^?, whom be re- jlored ■ floredto all that wwSaul»,e^ made him eat continually at his Table , 2Sair,9.i.&c and by his slaying o/Baanah and Rechab Jbr mur» dering l(hbo(hetb, Sauls [on, bis Competitor, ■when they brought his head unto him, expelling a great reward, 2 Sam* 4* But more efpecially by % Mephiboiheth, the Son of Jonathan, the fin of Saul, becaufe oi the 5 lo?ts Gath that tbas betfoeen them, between David and Jonathan, ( extending to their feed and pofteritie^) when the Gibeonites demanded 7. of the fons of Saul to be delivered up to them, 2 Sam. 21. 6, 7. *SeeLcvit 5. Bccaufe Either 9. 27, 28,31. The * lews ordained and 4li took^upon them and upon tljW f«D> attD Upon all fact) 33 jopn* leothemfelbes unto them, fo 80 it fljouUi not fail;, that they Would keep tbefe two dayes of Purim, according to their writing, and according to their appointed time every year ( as tho r e in the Par¬ liament of 3 Jac. c. 1. and their Pofteritie have obferved the < of November annually ever ftnce<) and that tbofe dayes fheuld be ttmemb?eb ano kept th?ongbout eberp Generation,eberp jfamilp, eberp ja?obince, ano eberp Citp: and that thofe dayes of Purim fhould not fail from among the lews, no?t&e me* mortal of them perlflj from their lao: ferfrieb tbep Decrees fo? tijcmfelbeo ano fo? tljjcir fees. If the whole Nation of the Jewes by an Ordinance and Decree, might thus binde their feed, poilerity, to obfervethe daies of Purim for evert With like reafon they might by anOath &Covenant oblige themfc-lves and their pofterities for ever to their hereditarie Kings, their heirs and pofterities for ever; And fo may we and all other Nations, by the like Afts, Decrees, and the forecited Oathes, as is clearly refolved, declared, enaRed by the Statutes of 24 H. 8. c. 22. 26 H. 8 c*?* 28 H* 8. c. 3. 35H.8.C. 1. iEliz.c. 1. 3. 5EI1Z.C. 1 ijac.c.1. 3 Jac* p 4.7 Jac. c. 6. 6 ly. Becaufe the prefident of the Kccbabites , (who upon the command of their Father lonadab the fon of T^echab, 7hat neither tfjcp no? their ^ons fo? eber fhoulo brtnfte Mine, nor build houfe, nor few feed , nor plant, nor have any vine¬ yard, but dwell intents all their dayes $ held tbemfelv’s bound in duty, conference to obey it, which God kimfelf commends, records , rewards, for others imitation, Jer. 35.*. to 15. who might m like fort oblige them by his Oath and Covenant 5) Is a convincing % 1 Argument, (a*') * Li ttiedoa, gament that a* the * Warranties, Covenants, Binds, ContraHs, J-fo Tif War- ^ Co f men,3 » Grants, Referv ations of Rents, Services,Tenures in fee, ranty, Core- by the Laws of England , and other Nations, firmly oblige nan Cj obiiga- mens Heirs, Poflerity > Afsignees, Executors , Adminiflrators , oon,Condid- on both Jides in fuccefsion and perpetuity. So likewife their Oaths, °n,Ten#rc. Covenants, Proteftations, to their here Jitarie Kings,tht ir Heirs and SucceflTorr, oblige them equally to them in perpe¬ tuity and fuccefsion. 7ly. Becaufe it is moft evident by Gen. 3. 14, 15. c. 4 ^•Rxodus 17. 16 . c. 20. 5. c. 43. 7. 1 Kings 2. 33. 2 Kings j. 2-j.Jer. 22 30. c. 36.31.That Parentsby their ini¬ quities and tranfgrelsions may draw down and entayl the curfes,the judgements ofGod on them, and their Pofterityes after them to their prejudice: Therefore they may much more oblige them by their Oath*, Covenants, to Obedience, Loyalty, Subje&ion to their hereditary Kings and their m prev. 14. Heirs, for their own particular, and the m Public ^ good, fafety, 20.21. Rom. as well as Freehold and Copyhold Tenents in Honors, *3. ?. 4 -> 5 , Manors,may oblige themfelves,their Heirs and Succeflors for r bi% ever ’ Homage, Fealty, Tenures, Contra&s to their Land- ' lords, their Heirs and Aflignees for ever, by the Common, Statute-laws, of our own and other Realms, though they be no Soveraign Lords and Kings over them. Sly- Becaule the Saints and Churches of God in all Ages have held themfelves and their poflerity bound in Duty and Cons fcience to pray to God for the life, fa fety, prtfperity of their Kings , and their Sons and Royal Poflerity, in all hereditary Kingdoms, as is apparent by Esnr, 6. 10, n. Pfal. 72 j, 2, x$. 1 Sam. 11.14. 2 Sam. 16 . 16 . 1 Kings 1. 25. 34, 39. 2 Kings n. 12. 2 Chroti. 23.11. Pfal. 149. 2.Ezech-9. 9. Dan. 2.4. c.3. 9- c. 6 . 6, 21. Mat. 21. 5. 9. John 12,13,15.1 Tim. 2.1, 2,3. by all the anthnt,modern Liturgyes, Collefts , Letanyes , Cations of the Churches of England,Scotland,Icelander an(e, Spain, and other hereditary Kingdoms; The "^eftimonyof fundry Fathers, Councils, Hiflorians, and our own Claufe Rolls n my True 8e * n "tower, n elfewbere quoted. Therefore they may lawful- perfeftNar- lie oblige them elves and their Poflerity, by Solemn Oaths, rative, p. 9 $. Covenants, Proteflations to obey, prated and defend their, and their pofterities Royal Per fans, Crowns and Royalties. ' . To 9ly.Toput this out of further queftion, I frail only preft one Scripture prefident and teftimonie more, wherewith I frail conclude this point, and that is theHiftorie of the Gi- beonites, recorded Jofb, 9- & 10. and 2 Sam. at.u to 1 J. The Gibioniies ( a remnant of the Amorites , with whom the ■Jfraelites by Gods exprels command were to.mahe no feace nor covenant, nor jbew any mercy to, but fmitewitb the edge of the [word and utterly d*ftroy,Dmu 7 . 1,2, -3,c. 20. 1 6, if, iS.J circum¬ venting Jolhua and the elders «/lira el by a ftratagcm, of old bot- ' ties, fbooes, bread, clothes, and a lying information , that they came from a fare country to make feace and a league with them, by 'reafon of the glorious victories God had given , and the miracles he had wrought for them 5 thereuf on, without asking any advice of God or the Congregation, or examining the truth of their information, Jo- frua and the Elders of the Congregation entred into a league with them, to let them Itbe, ano ftoare unto them in the name of ILoitD. Within three dayes after they beard they were their neighbours and dwelt amengft them, and they came unto their Cities the third day, * But the children of Ifrael fmote them not, * J e ^ us paccnr ta«fe the lattices of the Congregation hao ftoojti tmto quam dc A d Z n them bp theJL0?0 ©00 of Bifrael. Hereupon all the CoKgrega-^ccnSrl tion murmured againfl the Princes. But all the Princes faid unto quia firmata the Congregation: Wit ha^e ffroni UHto tfjCm bp the ilOjD erat Sacra- €5ob of Ifrael, therefore toe map not toufr theiii 7 w wc menti Rcli 8 io * Will do unto them, we will let them live left tojatt) be tiport 00 , altenam pTrfi- becaufe of the ^>ath that toe ftoare unto them And the dhm arguit. Princes [aid unto them, let them live as ike Princit badfrmifed fl)am fidem them, but let them be hewers of wood and drawers of water to all tbe^ v f ret ' congregation. And Jofrua called for them , and {fake unto them offiJis T.V ° faying-, Wherefore haveye beguiled us, faying , We are very fare. 10. ‘ ' from you, when you dwell among us ? Note ibertforeyg are cur fed, 'and there fisai! none of you be freed from being bondmen, and hewers of wood and drawers of water for the btufe of my God. And they anfwcred Jofrua and [aid-, becaufe it was certainly told thy fer- vants, bow the Lord thy God commanded bit fervant Mofes to give you all the Land, and to deftroy all the Inhabitants of the Land be¬ fore you ; therefore we were fore afiaid of our lives becaufe of you , and have done this thing. And now behold we are in thine hand , as it feemeth good and right unto thee to do unto us } do, And fo did be unto them, and delivered tbemaut of the band of \bt children e/lfrael, that they flew them not ♦ And Joftiua made them that day Isewers of mod, and drawers of water for the congregation, and for the Altar of tbe Lord efcen to th<0 Dap, in the place which be fbouldcbufe, After this Oath and League the Princes and Congregation were fo farr from flaying or fuffering them to be (lain by their enemies contrarie hereunto>th t when as 5.K ingsfoon after came up with all their bofts and encamped againfl Gibeah.te cieftroy nbecanCe thep ma&e peace fe>it&3frael; theGibeonite fendingtbis mejfage /sjofhua & the camp at Gilgal; slack.not.thy hand from thy fervants,to come up to tu quick.!) &fave us, for all tbe Kings of tbe Amor it es that dwell in tbe Mountains are gathered againfl us ; thereupon lofhua and all tbe men of JVarr with Dim went up from Gilgal all night, and came upon their Ene-. mies fodenly,and jmote,& deftreyed them with a great slaughter, det Iivering them from that danger. About 395 years after this Solem Oith & League, King Saul out of bu zeal to tbe children cf Ifrael and ludah, fought to deftroy all, and slew feme oftbefe Gif beonius poflerity,contrary to this Oath and League ,for which(35 * Archbifhop *y ears after its violation,and430 years after itsfirft making) v fliers. Annal. God fent a famine in the Land for three years, year after year: upon ■Vet. Tefta. this David inquiring of tbe Lord, what was the true caufc there• menu* Anno 6 f? ‘Lhe Lord an fwered him, ltwas f o Saul, and for his blou- *U£ 19%i ' houfe j> becanfe thep fleto the ©fbcontteg. who were not erf the Ifraelttes, but of the remnant of the Amorites, and t |)t c&tl&?en of 3!fracl tm& onto them Whereupon David called the Gibeonites, and laid unto them : What fhall I doe for you, and foheretotth fljall 3 make the Slttoncment, that ye may bleffe the Inheritance of tbe Lord ? And they laid unto the King, The man that confumed us, anddevifed againfl us that we (hoiild be deftreyed from remaining in any of the coefts of If- rod,let (even of bis fens be delivered unto us,and we will bang them up inGibeah 6 f Saul which tbe Lord did ebufe; which being accordingly done, after that God was imreated for tbe Land, and removed the famine, 2 Sam. it. 1. to is, Herewe have an Oath and Covenant binding the Ifraelites, their Governours, Heirs and potterity in perpeiuitictothe Gibeonites and their po fieri tie; which I (hall parallel with our , forementioned Oaths, Proteftatign , Covenant to oor here- ditarie ditarie King*, their heirs and fucceffors,to prove them more obliging to us and our pofterities, than this Oath 8c League of the ffraelites to the Gibeoniiesjn regard of thefe obfervabk circumttances 8c particulars, not hitherto infilled on by any? which I beleech God in mercie to let home effectually upon all our hearts, fpirits, confciences, both for our informati¬ on, reformation, fettlement, and avoiding Gods avenging juftice on us and our pofterities, for our tranfeendent perju¬ ries, breach ofOathcs and Covenants to our Soveraigns. 1. This Oath and Covenant with the Gibetniles Gmballa- dors, was procured by raeer fraud, circumvention,mifinfor- mation, and apparent fallhood, arifing meerly from thole to whom it was made and fworn : yet it obliged the Ifraeliics and their pofteritie, to the Gibeoni'es and their progenie in perpetuitie: But the foretnentioned Oatbes, together with the Proteftation, and Solemn League and Covenant, were made without any fraud, circumvention, mifinformation , orfalfe fuggeftion, upon grounds of loyalcie, dutie, juftice, prudence, chrilHanitir, Religion, and State-policie, volun¬ tarily propounded by the makers, takers of them, and rati¬ fied in full Parliaments: Therefore they muft needs befarre more valid, obligatory to the whole Englifh Nation and their pofterities, than this Oath, Covenant to the Gibtoniies. 2. This League and Oath was made very fodenly,ra(hly, unadvifedly, without any advice with God and the whole Congregation,or examining,debating the truth ofthe G/ieo- nites fuggeftion; yet it bound them when once made: But our Oathes. Proteftation, League, Covenant, were all made enaCled, enjoyned upon long and lerious debate, mature deliberation in feveral fucceffive Parliaments : Therefore ours muft be much more obliging than theirs. ^Iy. This League, Oath, was made only by the Princes of jfrae /, without the Congregations privitie, affent or advice, who were difeontented with and murmured againft them for it, yet it obliged both the Princes, people, and thejr po¬ fterities; But our Oathes, Proteftation , League and Cove, nant, were made not only by all our Princes, Nobles,Peers, butlikewife by the whole Houfe of Commons in full Par¬ liaments, and afiented to by the whole Englilh Nation both D 2 in c*o * see ? ]«• e.in and out of Parliament, the*Commons being the original 6.17 Car. c. 7 > mover ^, promoters, contrivers of all or moft of them : & I-crcj p. 7 - Therefore they mull be much more obligatorie to us and our pofteriues, than theirs. 4ly. Their League, Oath, was never ratified by any pub 1 - lique Law or decree of the whole Congregation and people of lfrad in any publike Convention, bus only by Iofbua and the Princes alone; yet they bound the whole Nation :Onrs have been approved, ratified, eftablifhed, perpetuated by fundry fucceflive A&s, Ordinances, Votes of Parliament from time to time , continuing ftill in their full legal force: Therefore much more yalid and binding to us and oar pofterities, than theirs,. e ( ly. That Oath, League, was taken, fwornonly by the Princes themfelves, riot by the Congregation and people of Ifrael , yet they were all obliged by them. Our Oaths, Pro* sedation. League, Covenant, have been fworn , taken not only by all our Princes, Nobles, Officers of State, luftices, hut likewife by all or moft of the Commons,8c people ofthe Land from time to time, both in and out of Parliament : Therefore much more obliging to us and ours, than theirs. 6 ly. This Oath,League of theirs to the Gileenites , was never taken andentred into for ought appears, but once, and that fodeinly, without any fubfequent renovation or ratification; BucourOathes, Proteftation, League, Cove# nant, have been fwore, taken again and again, by all Members of Parliament, Officers of State, luftices, Gra¬ duates, Lawyers, Minlfteri, moft Souldiers, and others; upon fundry emergent occafions, both- in and out of Par¬ liament : Therefore much more obligatory to us and our poftcritics, then t heirs. 7ly. This Oath, League, for ought wee read, was not made explicitly in precife terms with the Gibtonites, their heirs and pofteritie for ever, but only indefinitely,with the Gibe unites then in being, wbefe lives they [fared, as the words import; yet becaufe they were a People, State, Citie,Body politick, having a permanent fucceffion; it vir¬ tually and intentionally in their own and Gods account ( 27 ) , • • s * #oo, extended not only to the Gibeonites then living > but Eo their fucceeding iflues in S4uls time; neer 4°° year* after* and all fucceedingGenerations(<# qperpetual National Leagues q i Kings i {.’ st/e to do, ) But our Oath*, League* Covenant in direft terms extend not only to our King* to whom they were firft made ’ ■ \ and fworn,but Fikewife to tljfctt bCltS;ftJCCCtTOJ0j3rtD l&Opfll ^ H ^.'roc. ©OUdfttP fo? ct)Ct,(iee i Jae.cA. ijac.c.q .7 Jac.c.6 .1 Eliz . Parl.n.24. 9 E « c. I. 3. ) Therefore they rnuft needs be more binding to us, 4 - * . s . ce _? r ' our Heirs and Pofterities in prefcnt and fucceeding Genera- tions , than theirs to the Gibeonites. Abbie. cooks Sly. Their League, Oath, was only with foreign Pa- ,inftir.f.a.94. pans. Strangers, who became their mere flaves and bond- ipx.i so. men in perwtuitie, and had not the Ieaft power, j'u-Gtonusde rifdiftion over theca; yet it bound them to ftrift oblerva* ] ;c ^ don* Ours are made, fworn to our own Chriftian, ? ' 5ee Magna natural Kings, Princes, Soveraigns, of our own flcfh , chart* the bloud Nation, to whom we are natural borne SubjeCts,Prologue, and and owe all dutifull allegiance by the Laws of God, «P* ulc> Nature, Nations; Therefore much more obliging to and mod religioufly to be kept by us and our pofterities after us, than theirs. 9ly. (Which is moft confiderable ) this their Oath League, was made with fuch an idolatrous remnant of the Ammonites, as God himfelf by exprefs precepts bad commanded the Israelites to make no League, nor Covenant with, upon any terms, but utterly to deflroy with the edge of the (word without mercie , without faving any of them alive , Exod. 23, 32. c. ;a. 12, 13. Deutr.7.1,2,3,&c. c.20. iS 17,18* Pfalt06.34.35.) yet notwithftanding having once entred into a League with, and fworn to them in the name of the Lord, that they fhould live, ( though by *heir own fraud , circumvention, and mifinformation ) God was fo jealous of hk own name , honour, glory , fo Hinwil- . ling that his own people fhould perjudoufly , treache- J Jy.rn.. break their Oathe. Covenant fworn v’_ indmanfSation andNation ; that he would rather have his pofitive K:* ■■ . ' ( 23 ) f Grotiiit de pofitive judicial Law,( which i jome conceive to have a tacit jvrcbM, t.i.condition in it ) violated and difpenfed within this cafe, ( | 8 c i J. 5 * 7 * being not fimplie evil in its own nature to fpare the Gibeo. nites upon their fubmifsion, but onlie a prohibited evil by particular Precepts) than his Name prophaned, difhonour- ed, Religious Oaths wittinglw infringed, and perjurie committed by his own people , againft his moral Law. Pre¬ cept, being finful, fcandalous in their own nature, and of dangerous confluence to all Pofteritie , if admitted, ap- proved,to encourage them to commit perjutie,and violate all lawfull Oaths, Covenants, in fucceeding Ages, to the lean- dal of Religion, and prejudice of Mankind. Wherefore this Oath,League,though againft thele judicial Precepts,not on¬ ly iirmly bound the Princes who made them, and all the Congregation in that Age, but King Saul himfelf, and all the Ijraelites infucceflion four hundred years after. Of which we have another Prefideoc of Jtfbuaes and the Ifraelites are to perform their Spies Oaths made to Rabsb, and ffcO0;t1 unto licr fcp the 5 Lo? 6 , tafaveber, her Parents, Kindred t and Family alive (though Canaanites devoted by God to deftru£Hon ) left, 2 i, to 24. compared withc,d. 21, 22 23. Heb, if. 31 • But our Oaths, Proteftation, League, Covenant were all made not to, or with Anttrites or Canaanites particularly deuoted by God to the Sword, Slaughter and utter extir¬ pation without any Truce or League of Peace; but to and with our own hereditary lawfull Chriftian Kings, theic Heirs, Pofterities, and SuccefTors, whofe Perfons, Lives, Crowns, Rights, and Royal Authoritie we are all exprtfly obliged, commanded by God himfelffto defend, protett with cur oven lives , fortunes, ejiates to the uttermoji of our Towers, a- gainfi all Attempts, Treasons, Confpiracies, Traytors, and In - vaftots wbatfoever. yea precifely prohibited to offer the leafk violence , injury to tbeir Perfons, Lives, and Regal Auhority, in thought, veord, or deed, Prov. 24. 20, 21. Ecclef. 8.2 c. io<[ so. i S'am.24. 3,10 2o.c. 25 . 8 , to 12.2Sam.i#i2j&e.c.4.10, 11,2 Sam. 1$. 3. c 21 17 Eftth.2.21,12 23. c.5.2 Rom.13 o, 3. 1 Pet. 2 12, 13, 17. Tit. 3.1.1 Tim 2 2, 3. John *S. 36, Therefore our Oaths, League, Covenant, are much more obliging, and confdenciouflie to be obferved by Cb)' by us, and our Pofterities for ever, than theirs to the Gibed- . nites, as the only ready way to our peace and fettlement. loly This League of theirs to the Gibeonites was ratified only with one fingle Oatb, yet it hound both them and their Pofterity ; but ours to onr Kings, their Heirs andSucceffors, is ratified with (even fucceflive Oaths, Proteftations, Covenanis t here recited, befides fundry others of like nature taken by our t/fneeftors in former Ages, which I pretermit. Therefore much more ftronp, indiffoluble, obliging to us and our Po¬ fterities than theirs. If a threefold cord be not eafily broken, Ec. clef. 4. 12. much more then a fevenfold Oatb Cucceifively renu? ed, (hould not eafily or quicklie be broken, but remain in¬ violable to all pofteritie. 11. The violation of this Oath League to the Gibeonites by Saul, and the Ifraelites near 400 years after its firftma* king , when perchance quite forgotten by them, or conceit ved to be unbinding to them as gotten by furprile, as not made or taken by themfelves, perfonal to the Gibeonites and Ifraelites then living when firft made, or at leaft expired and grown quite out of date by fo long a traftof time ; was re¬ puted by God himlelf a great finne, ferjury in them,and exetn- plarie punifhed By God with three years famine on the whole Land, though Saul and the Ifraelites then living never took this Oath, nor made that League themfelves, but onlie their Anceftors , fo Ions time before their births. There¬ fore our violations of the forecited Oaths, Proteflation, League* Covenant, (b freftilie made, taken, fworfl, fubferibed with hands lifted u^o Heaven, fuccellivelie one after ano¬ ther, by whole Parliaments, the generalise of our Nation; and not onlie by our dectafedAncefto!S,butbyoHrfe!ves in perfon,and (o oft reiterated,yet infringed by us time after time in the higheft degree, mult needs be a more detcftable damnable Perjurie, crime, in the eyes of God than theirs, and draw a more long-lifting famine, and other forer judge¬ ments of God upon our particular Per(bns/Families,Nati *Vaftat fti r : on than that breach of their Oath and League with the Gif psemqae, do- beonites brought down on them. . rawnque* tfe- 1 lv! That Oath, League, continued in force to bind r ' jdot us,lib.a, the Israelites , both to observation and punilhmenr, when r violated ( 3 °) [ i violated by King Saul and them , after the wholeframe of \ their Government was quite changed from a Principality or 7 ' Common • wealth ( as moftof our prefent Grandees would \ \ have it ) into a Kmgfbjp and Kingdom , by the earned unani- ' mous delire, confent of all the Elders of Ifr ael, the genera- ' lity of the people, and by Gods own approbation, as is e* videntby the i Sain, c, 8, to c.13. Jodi, 9,2 S<»M.2i*compa- red together. Therefore our Oath, Protection, League, Covenant (created, muft by like reafon, confequence, much more oblige our whole Nation in prelent and future to our Kings, their Heirs and SuccelTors, notwithftanding all late violent forcible illegal Alterations, Revolutions of our Governments and Governoursq again ft the Votes of both Houfes of Parliament, the dehres ofthegenei’alityofouc three Nations, fince our Laws admit no Interregnum nor Dif- . . leifin of the Crown, Kingjbip, Kingdom, (as the Statutes of Brook, A(h! Ywogativa Regis, 1 lac obi, cb. 1. Cookj 7 Rep. /• to. and « other Tirle Intru’fi- Lawbookj refolve) And fo our violations of them muft be on, Prcrogt- more per jut ious, {infull, and exemplarily punifhable, than tive. theirs. 13, This Oath, League with the Gibeonites was violated by King Saul, only out of zeal to 1 be Children of Ifrael,tiludab, who (it fetms ) folicited him thereunto for their own felft* ends or advantage: yet this was no (ufficient excuff, norju- ftification thereof in Gods efteem > being punifhed withex- emplarie juftice on hi* poflerity,and a three years famine ups on all the Land. Therefore the violation of all our precedent Oaths, Proteftations, Covenants, b^»e Army-Officers, con¬ federate Members, and their AdheWu* f againft the Votes ofboth Houfes.the dehortations of ourMinifterSjand delire* of our three whole Kingdoms ) muft needs be a far more deteftable crime , and be avenged with a more heavy punifh- ment both on them and us, than theirs was heretofore. 14. This breach of Oath, Covenant, notwithftanding all circumftances which might extenuate it,wa$ moft exemplary punifhed, though not on Saul the chief Offendor during his life, yet upon (even of his Sons, and Family after his death , in King Davids Reign, 3$ years after this Offence commit¬ ted, and upon the whole Nation by a three years famine, J though though it was never infringed but only by on« (ingle A$, its flaying fome of the Gibe unites pofterity, and not re-violated by any other fubiequent daughter of them* Therfore though many of the grand Infringers of tije precedent Oaths, Prote- ftatkm,Covenant,may perchance fcape fcot-free for a time in their own perfons.and die without exemplary juftice inflifted on them for it, yet let them fpom this memorable Prdident conclude for certain, that God will (boner ar later avenge it upon their Cbitdten and Pmdritj-to their utter extirpation, ( and.on the whole Nation too, as he hath done in a great meaiure already ,) it may be 35 years after the Perjuries, Treafons, committed in this kind, especially when not con> mitted only once, but pe 'trated and aftedover fundry times by a continued,uninterrupted fuccefsioh of New Perju¬ ries, Treafons, and Violations of them in the higheft degree from day today without fear or (hame, as Exod. 20. 5* c 34. 7. Gen. 3.14,15. 1 Kings 2,33.2 Kings5.27. Jer. 22. 30. c.36.31.flay 14 20 21. Mich.2.2,3,4,j. Jer,6.i5.c8.n.tnay allure ail our late and prefent Delinquents in this kind and their Pofterity, which texts they may do well moft ferioilfly to perufe, with bleeding and relenting hearts. 15. This their violation cf their League, Oath to the Gibeonites was never openly juftified,pleaded,written,preach# ed,printed for, nor carried on with folemn Parts and Humi- iiations, ( mod * detefiable unto'God when thusabufed) nor yet folemnly abjured by new contrary Oaths or Engage- * Hay 5 3 .?> 4 , men's forcibly impofed on all the Ifraelites, by Saul and his 5 - ‘'j' Ceunfel of State , to extirpate the Gibeonites: yet it was thus l3 v [° l6c, *f* feverely pufuftied by God himlelt on Sauls pofterity and * ° V the Ifraeliies. O then what foarer overflowing, defolating Judgements, may our perjurious, Fidifragas Grandees,Saints, Nations, moft jufUie fear and expe& will undoubtedly befall themfelves, their pofterities and ourKingdoms, ( aowal* moft ripened for deftruflion in wile mens apprehenfions) who havb not only infringed all our Oaths,Covenants,Pros teftation*, to our lawfull Kings, their Heirs, Succeflors, and Pofteritie over & over in the higheft degree, but moft impu¬ dently juftified, pleaded, preached, written, for the lawful tuefs thereof} yea kept manie Hypocritical, Athsiftical Mock?\ E Fafts . 1 (30 F atfs and Hmiliaihns, to promote our moll dettftable Perju¬ ries, Treacheries, Abominations^ and publieklie abjured all our former loyal Oaths, Proteflations, Covenants, by new Treafonable enforced Oaths and Engagements, diametrical^ ly repugnant to them. Certainlieifthis breach of Oath by Saul in flaying the Gibemites could not be expiated s nor the years famine infiifled on the whole Land for it, remo¬ ved by all King Davids and the Israelites Fads, Prayers,Tears, Sacrifices ; till this fin of theirs was particularly bewailed, repented, removed, and full fatisfaftion made to the mur¬ dered Gibeonites by David and his people, by delivering up (even of Sauls Sonnes and Pofleritie to be hanged up before the Lord in Gibeah of Saul, for this perjurie and bloodihed committed fb long before by Saul their Aneeftor, the prin¬ cipal Malefaftor. We may juftlie fear and conclude, that all our prayers, tears, falls, humiliations, will never expiate the manifold open violations of thefe our Oaths , Pnteflati- ens, Leagues, Cevenants, by the murders of our late King, and manie thoulands of our Proteft'ant Brethren of all forts for adhering to him, his heirs and pofleritie ; the violations of the rights, privileges of Parliament, beyond all Prefidents of former Ages; and fecuring, fecluding the whole Peers Houfe, and Majoritie of the Commons heretofore and now again, and trampling our fundamental Laws,Liberties,Pro- perties, Remonftranccs, Declarations,as well as Oaths quite under foot, by new Arbitrarie, Tyranieal A£h. Jmpofitions, proceedings of all kinds, exceeding the worft of our former Kings 5 unlelle all thele perjuries, treacheries, breaches of Oaths, Proteflations, Covenants in this kind be particu¬ larly and publickly confefied, bewayled, reformed, repented if notexpiated with thelikejufticeand Executions upon the cRrafmi Ad*-p er fo ng or gons of fome ofthemoft capital Delinquents in hamHift Ade. 1 ^* ^ nc *> to a PP ea ^ e Gods wrath, and preferve our whole Antiquit. B three Kingdomes from utter ruin* our perjuries and breaches Eccl. Biittan.ofall Oath*,Faith,Trufts, being now (o generallie and uni- f verfally infamous throughout the world,that FIDES ANG- raldus (am- LICA > ** become as proverbial AS c FIDES PIINICA, sraphhe Hv** SCOTICA.or HYBERNICA informer Ages, to ourper- bernias, c 20, pctual infamie; Which, if this Publication may redrefle, re* .33, i-j. ‘ form \ 0 0 / form for the future, IfhallbleisGodfor it, and have fome hopes ot better tims, things, then yet we can poflibly cxptffc whiles under the guilt, breach of fo many contradictory Oathes, Proteftations, Leagues, Covenants, Ingagements. By the andent Oath of Fea/?y and Allegiance, (which both the Subjtfts of England) and Kings, Bifhops, fables, and Sub - jells of Scotland, made to the Kings of England and their heirs, as iupreme Lords of Scotland, in f h fe words.) Era fidelit & legalif, fidemque & legalitatem fervabo, H nricc,(y Ed- wardo) Regi AnglU, Ct i^trcDibusi fut0, devita & membrU, & terreno honore, contra omnes qui pojfu it vivere & mori: Et nun- quam pro aliqno ponaho arma, nec eroin conftlio vel auxilio contra cum vel li^etcDCS fUQS, in aliquo cafuqui peffit contingcre, fed fideliter recegnofcam, et fideliter faciarn fervitia queus adjuvet & omt ties Sanflosejus* (Which Oath r William King of Scots and * R0 8 er * all his Nobles fwore to King Henry the 2. Ct l^jercDtbuS ftl*Sparse*/ iS, freut ligio Domino fuo : And 2 John Balliol, Iobn Comyn, tior, p. 545, with ail the Nobles of Scotland to King Edward 1. and his 54 6 heirs: Anno 1293, I2 9 4 - * 2 97 -) they all in exprefs terms 2 Tho. WaN obliged tliemfelves and their heirs, to be true and faithfull *' n fij 1arn H 'ft* SubjeCts ro the King and bit heirs: Which though valid, ob- ligatoriein itfelfto our Kings polteride, yet fome of our Wcftm. Anno Kings in their lite-times, made bofh the Scots and Englilh * 2 J3,!i2?4» SubjeCtsto take a new Oath of Fealty and allegiance to I2 97 * their heir apparent and his heirs, faving the fealty, homage and allegiance done totbemfelves. Thus c IVilUam King of Scots with < p ' all his Nobles, Barons and Knights of Scotland, did Fealty jj 0 j 4 ' 54 * and Homage to King Henry the 2. and to Henry his fon, and t){0 hctr 0 , as to his Liege Lords, falva fide r JDomini%egis paa tris fui* Anno 117$* Yea before this, Anno 1128. by the d Hovedcn 1 command of King Henry the I, the Archbifhops, Bifhops , An " al : P |rs Abbots, David King ot Scots, with all the Earls and Barons ofEngland, fwore homage and fealtie to Maud his daughter Duneimenfisi and heir, uifilitefux Imveratrici jfttje fertata, regnum Anglic Hid. col. 254. 3^*ret>ltario jure po/l dies fuss libi et fimatbaa fnfs legitim £? c du c 'p^ s de brev. Chron col.$© 4 . Chronicon Johan. Bromton, col. ioo5. Henry de /fnyghronde Eventibus Angliat 1- 2.C.9. Gul. Nubrigenfis, Hift.1. i.c. 3,4-?o,5».Mat.Paris.Mat. Weftminfter 3 Holinlhed, Caxton, Fabian, Speed, in the lives of H. 1 . Stephen, & H.», E 2 me _ *' Holinfhed, VoJ- 3, p.4•£. eHoveden Anna!, pars pofterior, p 7*2.71.?. mep^acceatis fertjatant nififobolem viiilii fexus ipfeRex in fo<- forum piocrearet. The perfidious violation of which Oath by them afcer King Henries death in crowning Stephen, brought * exemplary judgements on the wilful} violaters therof, and a bloo¬ dy, long- lafiing civil wan within the towels of the Realm between UMattd, her ion Henry , and theUfurper Stephen, to the great oppreffion, devaluations defolation of the publique, 8c people,as our Hiltorians obfervejail the good they hoped for by dilinheriting tMaud, and crowning Stephen upon their own terms, againft his own and their Oarhes , becora- suing void and null by his perfidioufnefs,through divine Justice, which will never permit an) good things tojpring out of fucb enor¬ mous evils as perjury and treachery ; which produced fundry judgements and civil wars, never dealing till Henry the right heir was refer cd to the Crown by a friendly agreement; the only probable, fpeedy way now to end our prelent wars, opprefi- iionfj diftradiioD*, Military Government, and reftore peace, and profperitie in our Nations- After this, An. 1 191. upon the dejeftion ofthe infolent Bilhop of Ely from his Vice- gerentlhip under King Richard the fir ft, e ail the Nobles of England affembling together, fwere Fealty to Richard King of England, and to againft all men. The Citizens of London (wore the like Oath •, and that if King Richard fbould die without iffue , they would receive Earl Joh n his Brother for their iliiltg 81 UJ iLojO, & juraverunt ei ifiCeltfafWJ contra onto lies homines, falvafidelitate Regis Richardi frstrisfui : as Hove- den relates* In Clauf. 24 H- 3. m.iy. dorfo, Toon after the birth of Edward chei. fon and heir apparent to King Henry the third, I find this memorable writ iffiitd to all the Sheriffs of Eng- Und, tofummonall perfonsabove n* years old, to fwesr Fealty to him, as to tfie fttng, and to fubmit theirs fclves faithfully to him as to their Liege Lord after his Rex Vic.Eborum. falutetn ; Praecipimus tibi quod in fi¬ de qua Nobis teneris, et licut teiplum et omnia tua diiigis venire facias ad loca certa & ad dies certos, licut commodius fieri potetit, JaDlU!tC£> Iiberos homines debaliiva tua sttatis S 2 , Annorum et lupra,et 605 OttlflCO C0?8lft jttt8V£ factSS; Ira quod h 3 ec fit forma juramcnti fui, fcilicet; Quod ipfi jal- voHomagio etfidelitate noflra, qua Nobis tenentur, & cuiinvb] la noflra nulla mode renunciare volumus, JFiOfcles ertttS ®H'l toarDO alio nottpa pjimogcmto, ita quod ft do No bn bumanitus tmtigerit , ciDcm tanqtiatn bmDt ttottro et domino fno It* ' gio ertmt fuducr inteitoetues, et eum pjo Domfna too Itgio IjabcntCS. Et talem circa hoc exhibeas diligentiam, ut inf ik merito debeatis commerJari. Tefle meipfo apud tFeflm. 24 die Febr. Ann. r. n. 24. Eodem modo icribitur omnibus Vicecoutitibus * and it appear* by Forf. 12. they were fum- moned and (worn accordingly. In the Parliament of 5 H. f g ft _ 4. rot. Pari. n. 13-8c 1.7. Thelardj Spiritual and Temporal, b[idgement 0 f and Commons, were fworn to bear faith and true allegiance tO t h c Records tie Sing) to tbe ^?ince, ano to pis tlTue, ano to ebert? in the Tower, one of bte bonnes teberallp encashing to the Croton of p-^ CnglaitOi and that of their own accord. The like Oath was 662 ’ taken co the King, Queen, Prince Edward, and the l^etrs of tlje Singo bOBp in the Parliament of 38 H. 6, rot Pari. n. 2 6, And to g Prince Edward Son and heir apparent to King gihetirftpart Edward the 4th 3 M) IjilS in the Parliament of 11 E.4 1 ofmyRegifter entred in theClaufe Rollof n E.4. m. 1, dorfo. Yet in of Patliamen- point of Law, Gonfcience, the firft Oathes of Fealty and Al- Writs, legiance to each of thefe Kings bk beirs and fuccejfors,* obli- i z6 ’ c ged all that took them a* firmly to their heirs and fuccef-t, 29H. 8.C.7! fori , as their Homages made by them to thefe King* or other Lords, (which extend equally to their heires, and (hall not be b reiterated, nor renewed to them upon this Account jb J-ictleron, unlef* in fome fpecial cafe* ) and binde not only thofe that Brition f’i 4 <’ took them, but their heir* and pofieritie like wife, although I7<- Cookes they never tooke thefe Oaths themfelve*, at leaft to a religious iinftit, f. 103, confeientions obfervation, though not to the actual legal penalties *04. of Perjury ; as Aagelus deCUvafio in his Summa Angelica, tit. JuraniC' turn <;. fe&: 24.40. and other Ganonifts diftinguilhi and the forccited Scriptures infallibly demonftrate ; efpe- cially being made for the publick good, peace, fettlement, of the Kingdom, warranted by thepolicie, prefident* of all ages, preferibed by our Lawes, Parliaments, for the fafetie, fecuritie, fettlement, a* well of our Religion,Church,King¬ doms^ Tic. ig, j)e Jurejurand 0 & ^rjurio. Chryfoftom H °mil. i 7 j„ (3 6 ) . i see Aug. doms, Government, as of our Kings and their poflerkiea^ darTcauhriT anc * noc 6 ta violated, through fear, menaces , hopes of worldly q "2 5. sum' i ain er preferment , nor difpenfed with by any Papal or ether ma Angelica, human power wbatfoever ; the i breach of Oath*,Leagues, Go-< Tit. Juramen. venants, being A GRAND W 1 CKEDNESSE and bi/bpro- rum&Perju- ftanation of the TRUTH, FAITHFULNESSE, NAM lu'o'ecS AND CONSTANCY OF GOD HIMSELF, M well as Ecclef. Galli. tr nnjgrefsien of his Law and Gofpel , deferring the highcff tena- canre.iib. 8. poral and Ecclefiaftical cenfiires in this world, as well as eternal condemnation in the world to come, Ezecb. 17. id, to 2i*& Jer- 34 •Neb.',. 12.13. 7.Whether the late illegal Oaths,lngagementsto the New 'Republicans and Piotedors , enforced on the people againff Mat ; & Horn.? their Confidence*, without any lawfull Parliamentary A* 'll A n* Authority (which only can legally make,prefcribe,impofe new B?arcfs Thea- ^ 3t u P on c ^ e ^ ation ’ as£ he mar ginal k Statutes rdolve,paft treofGods all difpute ) being direftly contradftorie to their former Judgements, lawfull Oaths to our Kings, their Heirs and Succeffors, be c - *8 not abfolutely void in confidence , yea mere propfoanings, abufesofGodsfacred Name; and if taken out ol fear or weaknejfe, no wayes to be objerved , no more than Davids Oatb t kMag.Charts toflayXibzl with alibis Family , 1Sam.25.orHe- c. 28.51 H.z. ro “ s ® at ' } t0 HerodtJf, which he had more }uftly violated than star, of the 9 bferved, in beheading John the Baptift, sMat 14. 6, to 13. Efchequer,51 or thofe Jews Vow, who vowed they would neither eat nor drink* H.j.c. 12.3 e * till they had killedPaul,h.&t 23.2 i.8tc. Which finful Oaths 3 Vows, i**c.*M 4 E* 3' Were no roayes to be obferved by (bedding innocent blood , anboth scat. 2. c. 6, the Fathers , Councils , Canonifts 3 Cafuifts, and Scoolmen refolve, he. g.c. 5. as you may read at large in GratianCauf iz.quejl. 4, Summa 18 e. 3. sut 3. Angelica, Lit. Juramentum, fed. 3. 4 5 .Peter Lombard, Sent. 20 e. j. c. 1, s. i 29. & moft Schoolmen on his Text, whofe definitive 27 e. jipar.i.Do&rine •* this : Si quis alicuijuraverit contra (idem, charita- J.i. Cooks 3 In' Hit,. C74. c.i. 10. 16.2 zf. 4 R. 2,c. 2 12,15 , e R. 2. c.12.12 R. 2. c. 28.17 R.2. c. 9. ar R. 2.C.4. 4 H.4.C.10. 18 . 10. 2i. 2 H. 5 . c. 4. d, 7.4 H. 4.0.2. 4 . 2 H.d.c.ro. 18 H.6 c.4.10. 20H. 6 .c.io. 23H. 6. c.2. 33 H.'d. e. 3. 4. 3E«4,c. 3. 7 E. 4. c. r.‘ 8E.4.C.2.12E. 4. c. 2, g. 17 E. 4. c. 2. i R. 3.C. d.19 H. 7 . c. 14. 2 H. 8. c 8. 3 H. 8. c. 2.14. 8t 15 H. 8.c.?.2i H.8. c. id.21 8t 22 H. 8.C.7. 23 H. 8. C-f. 2 4 H. 8.c.‘ 20. 2d H-S.c.i. 4. 13. 27 H. 8.C.27. 28H.8.C.7.10. 31H.8.C. 46. 34 H. 8.c. 1. 5 S. 6. c. 5, i Eliz.c. 1. 5 Eliz.c. x, 23 Eliz.c.d. 27 Eliz.c.12. 43EHZ.C.12. ijac.c.31. 3 Jac. 0.14,14.7 ]ac.c. 2.6. 2iJac*c.7.2o,2l. The Petition of Right 3 C*r. 17 Car. c. 7. 1 Car. c. 1.2 Car. c. 1. tem * 7 J lent & officium, quod obfervalu pejorem vergat in exitum, potiut eft mutandum quam implendum: §hti tnimftc jurat vehmenter peccat, cum autem mutat bene facit : ftjiui autem non mutat dupliciter pec- car, CDt quia tnjuffo jurattitct quta facit quoD non o v ijfct* And J that when a man hath once obliged himfelf by a legal Oath to God and bis Soveraign, any latter Oatb repugnant to, or 1 *™™* omifh it it tinl/renti-il) • T Tnr»n txrkirh arrntinf ruir® inconftftent with it is unlawfull : Upon which account our mentum j. in Lawbooky and Laws refolve , that when ever any man fed. 16. fwears Fealty, or doth Homage to hi* Landlord for the r , ... . Lands held of him, it (hall be with this fpecial exception, ™ , wlrrour! fatting tfce JFaitl) tobtch 3 ) ofoe to out Lo?o ttie l&ing, who c ! *! Bnfton is the Soveraign Lord of ail his Subje&s, principally [worn f. ? 8,80. Brit. Unto, and to be obeyed in the fir ft place before all or any other*. ton ' ^ T ,7< ?’ Hereupon n Walter Bilhop of F.xe ter, Anno 6 E. i.for omit- ton,*fe<»- ting this Claufe out of the Homage he received of his Te- coofc i laftir. nants in Cornwall , IN CONTEMPTUM DOMINI REGIS, f 64 6$. spel- &admanifeftom, quoad PR 1 V 1 LEGIUM 1 PSIUSDOMINI ™nniGlofla- REG 1 S EXH&REDAT 10 NEM, ET DAMNUM IP* r ’ u ®' p :Jf* 5 ’ S 1 US DOMINI REGIS ad valentiam DECEM MILL E LI- ^c’ooksi BRARUM , he had judgement given againft him for it up- Inftit. f. 65, on an Information , and was put to a great fine and ranfoms for this his tranfeendent offence. Upon this very account Honnore Bonbor Prior of Salon, an eminent Do&or of the Ca¬ non law, in his Larbre des BattaiBes, ch. $0, <51. refolves, out of other Dolors, That if the King moves war ago in ft any Baron of his Kealme , bis Tenants and Homagers are not bound to afsili bim in bis wars againft tbe King by their Homage or Fealty, J J f ■ n f wr- _ _ • r-f L • .. TTC'S-' A r TCtr TLIt? but rather to afsift tbe King againft bim, BECAUSE THE KING IS SOVERAIGN LORD TO THEM BOTH 5 and the Barons leffer power and inferiour Dominion, is fwallow- ed up or fuff ended by tbe prefence of the King, tbe greater andfupe- rior Lord-, and becaufe tbe Baron commits both Treafon and Perju¬ ry againfi tbe King , by violating bis Homage, in taking up Arms againft bim ; ) Whereupon bis Tenants are not bound to ayd him in his Perjury and Treafon againft his Soveraign. And ch. 100, 101,102, hedetermines, Tbalifa manbea Subjeft to ‘two Kings, States , or Cities, wbicb afterwards wage war a-, gainft eicb other , be is bound to ferve tbe King, State, City in tbe r*3) tbewrs, 10 wbUh HE WAS FIRST-SWOB N AND OBLI¬ GED , becaufe hi* latter Oath and Homage to hi* laft Ss- zeraign cannot invalid nor difcbarge bts fir ft Oath and Allegiance to bis old one ; Much leffe then can thefe later TreafonahleOaths, Engagements to a New TroteQor or 2 ief ublicl{, difpence with thofe antecedent legal Oaths, Proteflation, Covenant to our lawful King and bis Heirs, nor oblige u* in the lead de¬ gree to fight ag?.inft or oppofe their Per font, Titles, Rights , to perpetuate our war?, miferies, taxes, opprtffioni, con# fufions, and prevent our future fettlement. Let us therefore all now ferioufly rementber, confider in the fear of God , That as all who have been Judges, Ju> (lues, Maiers, Baylifs of Towns, Barrcftert, Benchers, Mini- flers, Graduates inVniverfuies, Attorneys, Civil or Ecclejiafli- cal Officer* in any kind, Members of the Commons Houje, or Tenants to theKing,before the year 1649-have oft taken the prermfedOaths of Maiers Juflices.Fealty,or at left of Supremacy and Allegiance ; So all Aldermen, Governors, Afsiflants, Livery mm, CcmmomCounfel-men , and Freemen whatfoever of every City, Corporation, Society, Company, Fraternity, through¬ out the Realme, have likewife taken another Oath be- fiinning thu* , TtufbaU [wear, to l)£ QODD anfi tT8£> 6? ttUC Liegeman to oup Sobcraign Lojd ttje icings spajeftyj ana to fcis Igteirs ana SmcctCTojg. Which if they will all now confciencioully verifie and refolutely fulfil to the Right Heir and Succeffor of the Crown, they may foon put a period to all their prefent Opprefsions, Taxes, Excifes,arhitrary Militiaes, Thftraftitns, hears, Hangers, under then New JEgyptianTax* Makers, and make themlelves real ENGLISH FREE¬ MEN', without any new Warr» or much feared forein invafion, inftead ofcovtinuing BondJIaves under a mi'named -Free State , in which no wife men can yet difeern the leaft (hadow of Freedom ^Security , but inevitable dtfolation in the prefent poflnre of its publick Affairs, and a necefsity of * see Cooks } nvo j v i ng himfelfin the guilt oFHew Oaths, more treafbn- li“c.rSbi aWc th -n the *Bifhop« late See. Oath, which can neither be ries Doom. p. impofedjnor adminiftred without danger,and the guilt both if. atf. 40. of Perjury end High Treafen to the King, kingdom, and? nr It a- tnent, by all our known Law* refolution. J • rarSn^R r C ! UP - a WI ? thls memorablefeafonable ihtient Ll7n c^ efoI A tIOnja , n o Trade > Hon our, Prcfperity fo, long expend, ooired. hJAuharum gentium (ut famaefl , being k .. s “ r,Us Con *' then pnnapaHy intended oftheantient l Brit J, WTjf/tfflS NorthmfcrUnders, exceeding all other Nations tn S. a? 3 ,w? aC ^f l “* 0 ’ rebell * ons a PtoS anti murDers of their po% for the mv.S8> and now exceeded therein by us of this Age) tanta ° atk of Alle ^ , { 3 u «jntrnimifegtira* fufe,ctfioem, quam Bri «nnhe ct ’ P^^Picantnt; nec metuunt volumen illad Co ”£ iJ * c * , «, JudlC11 De ’> per quod inducitur malediftio, multaque poe- , CaIcuth » -SSSTSt rap '7°” r i “ rant in K SSET« fc - «X!|5!! n ; Qaaeergo fpestalibus populis, contra ho- *9*. Mata”* t,; Ja oorantes, ent> Qua; fides ultra cum aliisgentibus bundeG efo's c . , n P a 5 ecr f denda ^ quod foedusnon violandum > qua; in R 5 g ' l,I w' ? p * hoitibus jurata fponfio flabilis permanebit, qttanUD ip(ig w*n 7 ' M A at ‘ Pmtis liegtbu* mratmi ftoem non ferbam * qJJ‘ Z $*' Anna £ nim adeo nnofus eft, qui caput fuum manu fua pr5p ria defecet . Illi (ut notum eft) immemoresfalutis flue, pro¬ pria manu feipfos interimunt , in fcmctipfofi faofaue "***** tmtxtam Et cum dominus dicat , Nolite tangereChtiftosmeos, & Davidtquisin- « quit, extender manum foam in Chriftum Domini, & in no* «cens ent>3mt5nrc btiare metus eft perjartommee Kcgi* ‘ bu * tnf «« rrtttutn. Hoftibus quippe fides pafti datur, nec violator. Quod fi in bello fides valeat, quanto magis in fuis fervanda eft > £>acnlcgtum qutppe eff fi tjiolctac *twt, in cm F tut* ( 40 ) “ftianomine poUtcefur tpfa pjomiffto. lnde eft, quod '‘multaregna terrain m, cseldtis iracundia ita permutavit, ut pro impletate fidei et morum,alterum ab altero folvere- C£ tur. Linde & nos cavere oporter, cafum hujufmodi gen- < c tium, ne fimiiiter plaga feriamur praecipiti, etfcenapu- ‘ c niamur crude!?. Si enim Deus Angelh in fe praevarican- e ' tibus non pepercit, qui per inobedientiam caeleite habita- acramentum JfiOCt Ctlae, quod “ pro patriae gentisqueGotthorum ftaru, tJel COttfctbatiOiie “ Kegt* falutts polltctiug ell, temetabectt,aut Kegcm ne- u ce attrertatoerit aut potettaie J&egni eeuerit, aut pjae* * * fumpt ione tpjanntca regnt fattigtnm ufurpafcerit •• Ana- “ thema lit in con>peftu Dei Patris, et Angelorum, Ghri- “ fti,et Apoftolorum cjus,Spiritus San&i et MartyrumChri- ** fti, atque abEcclefia Catholic*, £Ruam perjHttO PJO^ “ P^anatJerit, cffidaturextrancus, & abomni caetu Chri- 'i itianorum alienus, cum omnibus impiecatufux fociis 3 quia t m \ T ^ y cc quia oportet, ut una pcena teneat obnoxios , quoi flmi*. tc lis error invenerit implicatos. Qaod iterum, fecun- “ do, et cerdo, replicamus et acclamamug. Qui contra hanc *' noftram definitionem prsfumplerint, Anathema, Marana- ce tha; hoc eft, perditio in adventu Domini lint, et cum ft Juda Scarioth partem habeant ipfi & focii fiii, etcumDi- §5,97» 9 %> 102, 103, 106, 136,138, to 146,170, to» 75 » G rimftonita.’ 201, to 229, *54> 2 5 ^j 4 5 8 - 2^0, 2 66, 267, 322, to perij | Hiftoryi 327, 333, to 370. before the Conqueft. The like Preiidents in the life of lince, you may perufe in Henrici Huntindonenjis , Hift. 1.8. p. Rodulph. Dr.’ 291,292,293. Rogeri de Hoveden Annaliumfars prior, p. 483- B r ^ ar ^ T ! ,ca ' Helinjbed , vol. 3. p. 4 6. and Doftor Beards Theatre of Gods judgement," Judgements t Book 1, ch. 28 .1 (hall inftanceonly in two re-1. i.c.»8, p . r - , 4 markable forein Examples of this kind. Henrici Mutii The firft is in the ufurping c Empcrour Rcdulfb, Duke of Cnronicon Smtbland. Pope Hildebrand , antichriftanly Excommuni* ° ® rmani *. L F» eating c Titus Livius HifU.i. & 20. Caclius Rhodiginus, Anriqu. Left. 1. 21.c. I$.A~ lexander ab Alexandro, Gen. Dierum L $. c. i o. Grotius de Jure Belli. i. 2. C. I f Alexander ab Alexandra 1 * J.4 c. io. No doubt it will in Gods due time,if not fptedily, really and deeply bewailed repented of, by a plenarie (atisfaftion andreftitution : And caufe God to {bake out every man ( and bis Pojlerity tot) from bis Houfe, and from bis labour, and empty him and bis of all pre- fent honours and enjoyments, ( as Ncbemiab fisaked and emptied bis lap, ) that performed) not thefe Oaths, Protection, League, Covenant, to wbicb be and all the Congregation have faid Amen, Neh. <;♦ n, rj. ‘‘Since the every Pagan Gu- <( dans, and Romanes infinuated as much in the Ceremonies who “durft prefume to infringe it, though to their lofie and “prejudice. And Chall they not condemn us Chriftlans, and thofe moil refined Saints of this Age, who like the per¬ fidious Atheiftecal / f'artbagenians,ibejfslonians,and Partbians, regard neither God, nor Altars, nor Covenants, nor Oaths, no farther than tbeyferve their turnes to cheat and circumvent men", to whom profit is more facred than Faitb or Oaths l No doubt) they will. Ezech. 17. 1 8, 19, 2o, 21. Seeing bedefpifedtbe Oath ly breaking 1 t reating the Covenant $ ( wbenlo , he bad given bis band ^ ami i‘' l%rnn ! 'Tfr bt ^“,"" **'"• «'"/"« •‘’“fa* tbeUrd GOD, As Hive, Jmly mine Oath that be bath defpifed , It SiT? "ij'H'bf tr.ht, mart K iUImm,lnc, upon bis own bead. And 1 willfpreadmy net upon him, and be (ball be taken in my Snare , And I will bring him io Babilon, and will plead with him there ,for bit Treffajfes that be hath trefpaffed a- gainjt me. And all bis Fugitives, with alibis Bands (hall fall by the Jword, and they that remain (hall be fcattered towards all Wmdes; and ye fhall know, that I tfre LORD have fp»- F I NIS, errata. P. j 3 .I. 6 . t 6 i 7 . r. 1657. p . l 6 .i 6 . Juftjfication.r. Pre- Varicalionm p. 18.1.2. Meetings^ r. Mutinku Margin. P. 23. 1 - 7. r. Sacramenti. 7 ■ SSMMwvw. ..»/>.^'"«!5ffife«MSiSJB" ..*Alwr ****&&**h>j%^yrr- ^*;jJfllpfuwrJSM iA^irsiM' «fSSij^: ; ': %V : ; a }^>^ . f y '\%l\m\ ^r. n-is^^ir" ^/v^N ^ ^ ■ C 3 » ia- s ^^^r^lili*’ ' i3,A *‘ K