CHAP. I.

THis hath been an old Queſtion (and never, as yet, Judicially determin'd) and therefore cannot be accounted a bold Queſtion: much leſs is it moved unſeaſonably.

Men that paſs quietly by, making no noiſe, but, cover'd with darkneſs and the Night, and creeping on their way, as it were by ſtealth, may poſſibly paſs the Guards, without the trouble of being challeng'd by the watchfull Centinels, or of being forc't to stand and tell who they are, whence they came, or whither away; But if they make a bustle, and a diſturbance, It Alarm's Examination to pry into their ways, and to enquire whether they have a Lawfull Paſsport from God, and the King, or from one of them.

Time was, when Eccleſiaſtical men did their buſineſs, and carryed on the Money Buſineſs (not very unſucceſsfully) but without noiſe, hanging down their heads when the Regiſter went to Church accompanyed only with (his two drudges) The Surrogate and the Summer; then calling a Court in haſte, and with a greater haſte adjourn'd, before the naughty boys and rabble had notice, or could rouſe themſelves to Hiſſe at them, getting as ſafely as ſecretly to their Lodgings, where picking up a few groats amongſt eaſy Church-Wardens, nibling it Procuration money, and Viſitation money amongſt the Parſons, (that for fear of a worſe turn, deliver'd their purſe) which with ſome Driblets for Licences of Matrimony, and Adminiſtration-Money, paid Riding Charges and the Reckoning well enough, and ſomewhat to ſpare, the Regiſter (departing well lin'd in Body and Pocket) march't away as chearfully as ſecretly, making as tittle noiſe as poſſibly he could.

But when the Pastoral ſtaff began to play at quarter staff, driving whole Flocks before it (by flocks) to Pound, and ſeeming to make a blow at the ſpirit and Soul (which no mortal blow can hit, being ſcituated too high and out of reach). The ſmart was felt upon the Fleſh, and the ſtrokes ſell heavy upon the outward man, depriving men of Priviledges and Temporal Liberties, Birthrights, and Franchyſes as Engliſhmen; of Votes, Elections, and Benefits, as Citizens, Free-Demzons, and Free-holders; of their debts, and all benefit of the Law, as Creditors, Witneſſes and Jury-men; and of diſpoſing of their Eſtates, by Will and Teſtament, as Teſtetors; no wonder if it rowzed Examination, to enquire whether the Lightning be compos'd of culinary fire and Kitchen-ſtuff, rather then of Heavenly Rayes; becauſe Celeſtial Lightning melts the Sword without ſinging the Scabbard, and ſtrikes at the Life and Soul, mortifying it, without leaving any Impreſſion upon the Body and outward man.

Nay further, when the Cry, becauſe of Eccleſiaſtical Oppreſſions and Extortions (in illegal Fees for Probate of Will's, Adminiſtrations, &c. contrary to and in Defyance of the Statutes of this Realm) grew ſo loud, and notorious, that it ſounded and rung all the Kingdom over, moſt men were the more willing to pry into their Conſtitution, and examine their Groundſell, whether all be ſound and right at the bottom, when ſuch Ruines and Dilapidations appear above ground, Ay, and to bring Indictments againſt many of them, which undid ſeveral of them, for their Extortions; and moſt justly did they ſuffer, and none to pitty them.

For men give Law to Hares and Deer, but they catch the Ravenous and Rapacious (the Poll-Cat, that ſucks the Eggs and ſpoils the young Brood; The Badger (too) that worrys the poor Lambs) when they can, How they can, and As ſoon as they can; And who ſo poor as not to contribute his penny, or ſo ungrateful, as not to be Civil, (at leaſt) and a Well-wiſher to the Foxcatcher, and that he may proſper, praying for his good ſucceſs in hunting down the noxious Game, an Employment, not more pleaſant and Gentile, then uſefull and ſerviceable to the Commonwealth and publick good:

Even ſo, The wiſe States-men have made ſuch excellent Laws againſt Oppreſſors, Extortioners, Promoters, Suborners, Common Informers, and the like Animals (that rend and tear the Kings poor Subjects and Lambs) that Encouragement is given by the ſame Laws to every right Engliſhman and true Proteſtant (that will put the ſame in Execution againſt them) he ſhall not only benefit the publick but himſelf alſo; and deſerve well of his King and Countrey.

For who can, without great Regret and check of Conſcience, connive at, much leſs Countenance ſuch publick Scandals, Oppreſſions, Grievances, Offences and Delinquency's?

Did our bleſſed Saviour or his holy Apoſtles curſe them that refus'd to pray with them, or refus'd to hear them preach? and yet they were infallibly in the right.

Some of the more furious Zealots amongſt his Diſciples (once, and but once) call'd for fire from heaven to conſume thoſe that rejected them, (as Elias did:) but our Redeemer preſently Rebuk't the evil Spirit, and caſt it out of them, ſaying, ſee know not what manner of Spirit ye are of

Did the Apoſtles drive men to Pound, or the Jayl, with any or all their Eccleſiaſtical rods, and then replevy them, and redeem them, but never without Money in the caſe?

Did Chriſt or his Apoſtles (whoſe Poverty and Self-denyal, (taking up the Croſs) was a qualification as abſolutely neceſſary for a Follower of Chriſt and Succeſſor of the Apostles, as was Faith, Hope and Charity) did they by any Eccleſiaſtical Engine feel their Pockets, get dominion, or wreak their malice and revenge, or truckle to Polititians to make their Spiritual Weapons Tools of State, wherewith to do a State Jobb?

Did they either make money of Souls or of Sins? Did they call to the Jaylors, Hang-men or Bumbaylies to come and help them; and lend them à hand to carry on the Goſpel? Did they either force or fright men to Heaven? or ſcare them out of their Wits, or out of their Conſciences, or out of their Purſes, or out of their Freedoms, Liberties, Eſtates, Birthrights or Temporal Inheritances? which, (he confeſt himſelf) were exempt from his Eccleſiaſtical Juriſdiction, not hooking it in, as the Pope and others, do, with the old Popiſh Cheat—in ordine Spiritualia: taking away their Temporalities in order to their Souls health: Our Bleſſed Saviour taught us not this cunning; nor theſe medendi methodos, new ways of Cure; and Arts Empyrical.

Men never ſooner cry out then when pincht of their Liberties, or pincht by the Pocket, eſpecially if Spiritual-men be active in it, they are apt to cry—By what Authority do you theſe things, and who gave you this Authority?

The old Prelates (in King James his Reign) calling themſelves the Church of England in their Articuli Cleri preſented to the King and Councel (againſt all the Judges) confeſt judiciouſly, where their great (Sampſons) ſtrength lyes as to their Eccleſiaſtical Juriſdiction, not in the least mentioning God, nor Chriſt therein, neither the Prophets, Apoſtles, nor the Goſpel for it (their modeſty is Comm endable, becauſe no ſuch Eccleſiastical Juriſdiction, Spiritual nor Temporal, is found in the Holy Bible.)

But, very plainly and open heartedly they avow, without diſſembling the matter in the least, That the chiefeſt Temporal Strength of their Eccleſiasti-Juriſdiction, is Impriſonment upon the Writ de Excommunicato Capiendo.

Implying that, if their Sampſon's-Locks were cut, they would become weak as other men; And if this Royal Statute I Edw. 6. 2. be in force, all their Proceſſes Eccleſiastical, Significavits, Certificavits, in their own name and not in the Kings name, muſt all be illegal, and conſequently all Capieſſes and Impriſonments thereupon, Illegal, and ill grounded; Therefore no wonder if men concern'd do ſtand up ſtoutly to keep this Law down, (For if it riſe up in Judgment againſt us, what will become of us) or if all the ſtanding in the world cannot bind it down: (For the Law at long run is too hard for any man alive) I profeſs, The old Prelates knew how it concern'd them to huſh it down, when it ſeem'd to riſe up to fright them by being unlooſned primo Jacobi, having long been fetter'd and bound down primo Mariae.

And it was honeſtly done of them to confeſs that their ſtrength did lie in the Writ De Excommunicato Capiendo; why ſhould men ly for the matter? eſpecially in a caſe ſo plain and palpable? We are all agreed that Commiſſaries, Officials, Proctors, Regiſters, Sumners, and all that drive that Sell-Soul Trade, are not found in Gods Word.

If therefore it ſhall appear (before we have done) that they are not of the King neither, prethee tell me, (if thou canſt) who they are of?

This Province (I know) would be beſt managed by a Lawyer; yet it is not his Peculiar, nor Exempt from the proper Cognizance of a Divine, eſpecially in Reference to ſuch Statutes, (as this of 1 Edw. 6.2.) which relates only to Divines and their Surrogates; (eſpecially to ſuch Divines as I am, (to wit) a Bencher, and Judge Eccleſraſtical.)

'Tis true, I only ſtate the Caſe; for it is the Kings Judges that (onely) ought to determine its Validity; And well are they called in Law his Locum Tenentes, becauſe by Partiality, Timidity, Corruption, or Injuſtice, they have not only been charg'd with breaking the King's Oath, (thereby) as well as their own; put have had their Necks broke at the Gallowes, for their p • i • s Nor ſince this queſtion was firſt ſtarted, 4 Jacobi, did any of them (I will •• ſay they durſt not) decide this Quere Judicially: For the Judges may declare the Law, but never a man in England can either make or Repeal a Statute, (out of Parliament) 'tis Fatal to him, if he attempt it.

And, I'le ſpeak a bold word, I believe the Ingenious Reader will conclude (before I have done,) that all the th • n in England are not able to ſpeak one reaſonable word againſt the Validity of this Royal Statute, thought ſo neceſſary for the Preſervation of the King's Supremacy and Royal Prerogative, (after the Popes-head was decollated) that it was the first Statute that ever was made (except that concerning the bleſſed Sacrament to be taken in both kinds) after the Reformation, In the Reign of Edw. 6. For his Father Reform'd indeed the Monaſteries into his Pocket, but liv'd and dy'd a Zealous Papiſt.

CHAP. II.

ANd if in handling this Serious and Solid Argument, The Reader happen to meet with an Angery expreſſion ſometimes, which he deems too light, for the Gravity of the matter in hand, let him know there is not a word here writ, till well ponder'd, and of Set-purpoſe

For which mixtures, I have the Oracle of the Law, the moſt incomparable (Cook) for my Warrant as well as Copy and Preſident; recommending the plain down Right Arguments of Law (in his Inſtitutes) by Interlacing them with Poetry and vivid Humanity, therefore rendring them more Am • a • le and acceptable,

Or, (if you pleaſe) He Damask's and Waters his beſt and ſtrongeſt Stuff; And I (to ſpeak in his own Phraſe, I mean, the Cooks Phraſe) will Lard my diſcourſe, where I liſt. And though I have not the skill to do it Cook-like, I hope, not S • ovenly, Though 'tis but to make it go the more merrily down.

Not that I take either Care, or beſtow any pains upon Emblemiſhments to pleaſe any mans Guſto, but, if they readyly and naturally come to hand, and but pleàſe my own Pallate; be they ſalt, bitter, or Tart; no matter, though they diſreliſh a dull Phlegmatick or Inſi • id Taste; I have no ware to ſell, nor other deſign, In this Treat, but the diſcovery of Truth and Law; And what's that to any man how I Cook my own Dyet? wherefore I will State the Caſe▪ Impartially, not omitting any thing that the Lord Cook ſays againſt the Validity of this Statute, but will Improve all he ſays, to the utmoſt; If I do not, ſet any man make more of them; when I have done.

Some honeſt Lawyer might have been ſo good as to do this ungratefull Work to my hand (but the Drug and ſloweſt Sailer of the whole Fleet uſually carrys the Light) most of the Learnedeſt of them declare (boldly) in their Chambers, for the Validity of that famous Statute. 1 Edw. 6. 2. as well as for the Reaſonableneſs of ſuch a Law; for if the Eccleſiaſtical Courts be the Kings Courts, as well as are the Temporal, why ſhould not the Original or Judicial Writs and Proceſſes run in his name, in the Eccleſiaſtical Courts, as well as in the Temporal?

But, though this (and a great deal more to this effect) be true, yet men are ſo Timerous and wary, that though they thereby get onely Polephemus his Mercy▪ to be one of the last that ſhall ſuffer, ſtaying onely to ſee their fellowes executed, yet they are • oth to come into the Liſts to try the Adverſaries ſtrength, wanting that which is one of the four Cardinal Vertues, For ••••• ; without which no man can be a good Chriſtian.

A Coward may be a G •• ſtick, or Summer Christian, namely a Profeſſor of Truth Till the Storm of Perſecation come, but • he • , the Fox keeps in his hole, reſolved, as long as he can, to ſleep in a whole Skin. Faint hearts! they are Well-Willers to the Mathematicks, they can look on, (as they paſs by,) and ſee the Cudgel • p • y▪ and with Favour, to that ſide they like, can applaud and cry—Euge▪ well ſtruck! In troth That was a home-thruſt; That was well-followed; That was a Down-blow, at them again! my Heart! But, they dare as we eat their Ears as come into Ring and take up the Cudgels; though the Lub • ers have more Strength then they that play the prize, only they want a go • d heart.

Pope Sixt •• 4. was firſt a Gray-Fryar of St. Francis, And from the Cloyſter mounte • into the Holy-Chair; To whom, amongst others, came to viſit him an old C •• rade of his, a Franciſcan Fryar of the ſame houſe, in his old Cordelier'sTreaſure of times. habit▪ which the Pope liad newly thrown off.

Glad was the Pope to ſee his old Comrog—not ſo much for the Fryars ſake as his own; That his Quondam Brother might behold his Glory, and the Splendor of his Equipage in all his Pontiſicalibus:

To which purpoſe, the Pope conceal'd nothing of his ſtately Pride and Pomp, but ſhew'd the poor Fryar all his Precious ſtones, Chambers of State, Thr • nes, Miters, Jewels, and Robes, not omitting the Golden Slippers that En •• ri • 'd his ſweaty Toes and Cornes; at last, ſhew'd him his vaſt Treaſures, a vaſt Maſſe of Gold and Silver heaped up together: (as who ſhould ſay) Brother that was! The Game is alter'd ſince I wore a Circingle with you in the Fryary; for (quoth the Pope) I cannot now ſay (as Peter did) Silver and Gold I have none.

No, (Replyed the Fryar) Nor can you ſay (as he did) to the ſick of the Palſey, (Lame and Impotent People) Ariſe and Walk.

This bold Anſwer loſt the poor Fryar a Cardinals Cap, and a pair of Lawn Sleeves, which the Pope had laid out and deſign'd for his old acquaintance, in remembrance of many a Waggiſh-prank they had plaid together in the Monaſtery; but this Plain Truth ſpoil'd all, and the Fryar ſent home, as poor as he came, and as a fellow not fit for his purpoſe, not having the wit (or Gift) of cogging, lying, flattering and diſſembling, nor meet for a Courtier: And as glad was the Fryar that his Holineſs did not jayl him, for ſo much Honesty and naked Truth.

Though the Wiſe and Wary▪ The Time-ſerving Tantivees and the Timerous; will joyn together to condemn the poor Fryar for a fool, that had ſo little wit as to looſe his Preferment for the ſake of a little Truth and Goſpel, and telling his Popeſhip his own.

Juſt ſuch another Fool am I, in their opinion that know nothing but Worldly Wiſdom, which is enmity with God; why? Do you think I did not foreſee all this Storm that has toſt me, (not wrackt me) long before it came; And let it bluster, Gods Will be done, I thank God for this Grace, The Eccleſiaſtical-men cannot plague me with ſo much courage and comfort for expoſing their oppreſſions, extortions, and vexations of the Kings Subjects, in defyance of the Laws, as I can chearfully and patiently ſuffer, for the ſake of Truth and the Laws.

Yet, will I not break one Law, whilſt I vindicate another; nor did I ever write any thing which is not juſtifyable by Law.

For I could find in my heart to deliver my ſelf into their hands, if it be but for an experiment to try how much Eccleſiaſtical Clemency is improv'd in Chriſtianity and Humanity ſince the bleſſed days of their Predeceſſor Biſhop Bonn • r.

Not but that I am well and warm, which I ſpeak not in vapour, (far be the Imputation of ſuch vanity from me) but to the praiſe of Almighty God's Protection, which I know he will continue, and I ſhall certainly overlive their rage except God ſee it more for his, Glory, and for the Promulgation of Truth, that I ſhould ſeal it, with ſuffering for 〈…〉 ▪ 〈◊〉 of which I am ſo Indifferent, that I know not which is best, nor would I be mine own Carver, Gods Will be done: they alwayes hitherto have (and alwayes will) hurt themſelves more than me, let then be as cunning and cruel as beſt like, or as God will permit.

And this I ſay (the rather) for the encouragement of 〈◊〉 that ſuffer for Truth and a good Conſcience, (whatever other Stratagems they have for the pretence of their rage) let no mans heart therefore fail becauſe of me; for I was never better in my life.

And indeed, if this Statute of Edw. 6. be in force, no name is bad enough for Eccleſiasticals, but we ſeem the moſt Impudent Conventicle • f Inſolent men that ever did bid defyance to the Law, or vext the Kings Sub •••• s in our own names by vexations, Citations and oppreſſions, Excommunication • Significations and Impriſonments; for which no Puniſhment ſeems ſatisfactory in this World, ſo it do but ſpare our Lives; we are in miſericordia Regis, and have forfeited all but our Lives, if that Branch of that Statute be in force. In the Interim, God keep me out of the enemies clutches though, For I think, I know ſufficiently what Eccleſiaſtical Clemency is, if they get a man at their mercy; women and timerous men are ſaid to be moſt cruel, when they get a man down, they never think themſelves ſafe, till he be made ſure for ever riſing up again; but, if they had not run to Weſtminster-Hall, cry'd out there for help, againſt me, I could have dealt well enough with them till they had been Tyred, nay, They knew it as well. But no more of that at preſent, for their buſineſs was never ſo fully and compleatly done as now. Take my word for it.

CHAP. III.

THe Branch of the ſaid Statute, 1 Edw. 6. 2. now to be conſidered, is this, verbatim.

BE it therefore further Enacted by the Authority aforeſaid, That all Summons and Citations, or other Proceſs Eccleſiaſtical, in all Suits and Cauſes of Inſtance, vetwixt Party and Party, and all Cauſes of Correction, and all Cauſes of Baſtardy or Bigamy or Inquiry de Jure Patronatus, Probates of Teſtaments, and Commiſſions of Adminiſtrations of Perſons deceaſed, and all Acquitcances of and upon, accounts made by the Erecutors Adminiſtrators, or Collectors of Goods of any dead perſon, be from the firſt day of July next following, made in the name and with the ſtyle of the King, as it is in Writs Original or Iudicial, at the Common-Law; And that the Teſte thereof be in the name of the Arch-biſhop or Biſhop, or other having Eccleſiaſtical Iuriſdiction, who hath the commiſſion and grant of the Authority Eccleſiaſtical immediately from the Kings Highneſs; And that his Commiſſary, Official, or Subſtitute exerciſing Iuriſdiction under him, ſhall put his name in the Citation or Proceſs after the Teſte.

Furthermore, be it Enacted by the Authority aforeſaid, that all manner of Perſon or Perſons▪ who have the exerciſe of the Eccleſiaſtical Iuriſdiction, ſhall have from the firſt day of July before expreſſed, in the Seals of Office, The Kings Highneſs Arms decently ſet, with certain characters under the Arms for the knowedge of the Dioceſs, and ſhall uſe no other Seal of Iuriſdiction, 〈◊〉 wherein his Ma • eſties Arms be ing ••• en, upon pain that if any perſon ſhall uſe Eccleſiaſtical Iuriſdiction (after the day before expreſſed) in this Realm of England, Wales, •• other his Dominions or Territories, And not ſend or make out the citation or proceſs in the Kings name, or uſe any Seal of Iuriſdiction, other than before Limited▪ That every ſuch Offender ſhall in •••• and run in the Kings Majeſties Diſpleaſure and Indignation and ſuffer Impriſonment at his Highneſſes will and pleaſure.

Now, what is there in all this that ſhould make a man loth to act in the Name and Style and Seal of the Kings Majeſty? (and not in the old method, when a Prieſt was the head of the Church) if there were not ſomething in the hollow of his Heart?

They do not pretend (as aforeſaid) that their Spiritual-Courts are named in God's Word, if therefore they be the Kings-Courts, what, in the name of goodneſs, makes them unwilling that their Proceſſes, Citations, and Summons Eccleſiaſtical ſhould not (as other Writs Original or Judicial, in the Kings Common-Law Courts) run in the Name and Style and Arms of the Kings Majeſty?

Edward 6. was the firſt Proteſtant-King ſince the Reformation; For though King Henry 8 (as I ſaid) Reform'd the luſtful Monaſteries, yet he neither reform'd his own life thereby, nor his Popiſh opinions. But his Son was likely to be a happy Inſtrument of good to this Nation; Whatever Doctor Heylin (the darling Advocate of ſome Biſhops) have had the Confidence to Print to the contrary, who in the Epiſtle before his (pretended) History of the Reformation, expreſly affirms—That he cannot reckon the death, of King Edward the Sixth, for an Infelicity to the Church of England; How Sir! was it not an Infelicity to the Church to loſe ſuch a King? To have the hopes of a glorious Reformation •• pt in the very Bud? To have a fearful deluge of Blood and Idolatry ruſh in upon us by a Popiſh Succeſſor? But what will not the Craftſmen of Epheſus ſay, when they fancy their Shrines in hazzard? And how ready, alas! are ſuch as think Lordſhips, and vaſt Revenues, and dominering power the Churches, only Felicit •• s) to Reproach and Scandalize (even in Sacred Princes) the cleareſt Innocence, and the moſt ſolid Piety, and the brighteſt Zeal? But God he thanked this Cenſure of Noble King Edward of Bleſſed Memory, is but one Doctor's opinion, and I know not an other honest Protestant at home or abroad that will ſubſcribe to it.

The very firſt Statute that the Parliament made (as I ſaid before) in this good Kings Reign, was this that we are now conſidering, (except one onely concerning the Bleſſed Sacrament, and receiving it in both kindes, with which they as piouſly begun, and their next work was this Regulation of Spiritual-Courts▪ )

For it ſeems very abſurd that if the Eccleſiaſtical-Courts be the Kings-Courts and not the Prelates-Courts (which they dare not in plain words deny) That the Writs thence Iſſuing ſhould not be in the name and ſtyle of the King, the Eccleſiastical-head as well as the Temporal.

Nevertheleſs, never ſince King Edwards Reign, could the Prelates be perſwaded to act in the Kings-Name, but in their own:

Every thing would gladly be Independent, and Noun Subſtantives, And, like reeling •• unkards, ſcorn to be held up▪ though they cannot ſtand by themſelves▪

And though this Statute was Rep •••• d in the next Reign by a Popiſh Succeſſor, yet King James in his firſt Parliament (In the firſt year of his Reign)▪ reviv'd this Statute, by making void the Force of that Statute, 1 Mar. 2. whi •• had long held it under Reſtraint and made it Motion-leſs. But thoſe band▪ being Looſned (by Repeal of 1 Mary 2. in and by vertue of the Statute prim Jacobi cap. 25.) It was thought to be reviv'd by the two Lord Chief Juſtices; at the firſt; in the fourth year of King James. But, when the Lord Chief Baron and other Judges had conſider'd the Prejudice that might redound to the Kings Subjects if ſome Dioceſſes had no Lawful Biſhop▪ and conſequently all the Prieſts ordained by ſuch Biſhops (at leaſt) as were made ſince the first of the King, namely, the three laſt years, muſt be Illegal Prieſts, and Illegal Biſhops.

And many other Inconveniences muſt enſue, if the 1 Edw. 6. 2. ſhould be deemed to be in force, to the great Scandal and Impeachment of his Majeſties Juſtice, which, together with the great Influence the Biſhops had at Court (In the three laſt reigns,) together with the Terror of the High Commiſſion Court, The buſineſs was Huſh't up, pretending that it was repealed and bound down with a three fold Cord, (as Coke is pleaſed to phraſe it, 2 Instit. fol. 685.) or three after Statutes, viz. 1. firſt, by 1 Mar. 2. Secondly, by 1 and 2 Phil. and Mary 8. Thirdly, By 1 Eliz. 1.

And if any one of theſe do but hold, the Statute of 1 Edw. 6. 2. muſt ſtand Repealed; But as drowning men lay hold of any Root, or knubs (though under water, and does but help to drown'd them) ſo men that are plung'd into a Neceſſity to hold the Concluſion, they are very willing to gain it, upon any Premiſſes, how ſophiſtical ſoever.

Nalſon in his late Collection of affairs of State▪ • o. 763. undertakes torecite this Conſult of the Judges. 4 Jacobi, as (he ſays) he finds it in the Paper Office, and tells us, That the being of this Stat. 1 Edw. 6. 2. in force was Long ſtuck upon, but AT LAST an Anſwer was found—So that it ſeems there was much longing and abundance of ſeeking for an Anſwer, that is to ſay, for any plauſible pretence to avoid this Statute, and at laſt and with much ado, ſomething (as good as nothing) was found; for he furniſhes us but with two of the very ſame too weak Cords which Coke mentions.

For ſome thought they were hard put to it for Arguments againſt the force of that famous Statute, when they fly for help to the two last Cords or Ligaments to bind down that Statute, which they Trembled to think might be of terrible Conſequence, (if it happen to be in force) notwithſtanding the Strength of the ſaid Cords and Ligaments, none of which ſeemed to have any the leaſt Power Imaginable to do the feat, if men were not very willing to believe it, except the first Cord, namely 1 Mar. 2. for that does expreſly and by name repeal 1 Edw. 6. 2.

And indeed if it had not expreſly and by Name repealed it, It could never have been repealed, if, (what Lawyers ſay) be true; That no Statute can be Repeal'd but by another Statute, and that expreſly and by Name; or be contrary to the former Statute.

For if Wyre-drawn Conſequences and Inferences might Repeal a Statute, the Subjects would never know when a Statute is in Force.

For let but a crafty Lawyer with an oyly glib tongue uſe his skill, and he may with Strains of wit, and ſtretches and Inferences and far-fetcht Conſequences and oblique Reflections, make ſuch a Claſh among the Statutes one againſt another, that none ſhould ſeem of force, that a cunning▪ Conſequence, driver had any picque againſt.

But, our Kings and Parliaments have always been more tender of the Validity of their Laws, then to leave them▪ To • tering thus at the me ••• of every Inference-maker,

Eſpecially, when they draw 〈◊〉 Inferences and Conſequences as could not poſſibly enter ſo much as into the minds and Cogitations of the Law-makers, when they enacted and made a Statute.

And this is ſo clear a Truth, and evident to every man that has but common ſence, that more needs not be ſaid to it.

For it would be of moſt dreadful Conſequence that the Statutes ſhould be ſo flexible as to be made a Noſe of Wax of, to ſtand this way one day, and that way another, juſt as Mr. Conſequence-maker is feed to ſet them.

The Diſſenters (for their money) might find cunning Lawyers enough (perhaps) to defeat the Act of Uniformity, and Repeal it, if Far-fetcht Inferences and Conſequences would do the feat.

But, God forbid, that the Laws of England ſhould have nothing to stand firm upon, but ſuch ſlippery ground, made ſuch by an oyly Mouth.

If we cannot find 1 Edw. 6. 2. repeal'd but by Conſequences and Oblique Inferences, we ſhall make baſe Tinkerly work on't, and to patch up one hole of evil Conſequences, make two of Conſequence twenty times more dreadful and pernicious.

Therefore the beſt Cord, and that which ſeems moſt ſtrongly to make void and of none effect the ſaid Statute of 1 Edw. 6. 2. is indeed that which can never be deny'd, namely, that the ſame is expreſly and by name repealed by 1 Mary 2. There let it ſtand or lie bound for ever, except we can find its Ligaments and Shackles taken off, and again ſet in its priſtine Liberty, Vigor, and Splendor.

But, as to thoſe two latter Cords that they pretend bind it down for ever by Repealing it, they are thought (by wiſe men) ſo trivial, that they are not worthy any conſidera ••••• and that they were ſurely ſore put to't for ſhifts, that made them of ſuch over- 〈◊〉 〈◊〉 .

CHAP. IV.

FOr how (in the name of Prudence) could it enter into the thoughts of wiſe Legiſlators, to kill a dead Horſe? Could the Parliament intend by the 1 and 2 Phil. & Mar. 8. to repeal 1 Edw. 6. which was repealed already, and made void but the very year before, namely, by 1 Mar. 2. They could not forget it, it was ſo lately done; nor can they be accounted ſo ſilly as Actum agere, and make Laws againſt Non Entityes. The Learned Judge Hobert uſes Hobart in Caſe Sheffield verſ. Ratcliff. a like Argument to prove that the King ſhall have (not only the Eſtates (In Fee) of Traytors, (Eſtates in Tail being not by the Statutes (31 Hen. 8. & 33 Hen. 8.) by name given to the King, yet) alſo Eſtates in Tayl why? becauſe there being but two ſorts of Eſtates of Inheritance (namely in Fee, and in Tayl) and the Eſtates in Fee of Traytors being forfeit and given to the King by the Common-Law, Thoſe Statutes ſhall not be preſum'd Actum agere, but ſhall reach, the other Eſtates in Tail, which the Common-Law did not reach.

And by like reaſon, ſince 1 Edw. 6. 2. is not ſo much as mentioned or named in 1 & 2 Phil. & Mar. 8. except by Inferences and Fetches, deduced from the Stile and Latitude of thoſe words.—All Statutes made against the See of Rome Repealed; There is Life in a Musſle. For the ſaid Statute did not think ſufficient for their Repeal by General Words, but do therefore name particularly and Expreſly what Statutes they mean to Repeal namely, 25 Hen. 8. 9. & 24 Hen. 8 12. with almoſt a ſcore more, (amongſt which, my dear Statute of 1 Edw. 6 2 is not Named) a 〈…〉 fore can never be repealed thereby, nor could be intended to be 〈◊〉 thereby.

But, ſome have ſaid, that there are (in 1 & 2 Phil. & Mar. 8. expreſs words that do Repeal by Conſequence the Statute of 1 Edw. 6. 2. namely theſe words,

ANd the Eccleſiaſtical Iuriſdiction of the Arch biſhops, Biſhops and Ordinarye to be in the ſame ſtate for proceſs of Sutes, puniſhment of Crimes, and Execution of Cenſures of the Church, with knowledge of cauſes belonging to the ſame, and as large in thoſe points as the ſaid Iurisdiction was in Anno 20 Hen. 8.

To which it is readily anſwered, That the Eccleſiaſtical Juriſdiction was thereby made Valid and Powerful as it was in Condition and State, as to Proceſs of Sutes, Cenſures, &c. In the 20 of Hen. 8. And yet the manner of their Proceſſes as to the Name and Stile might well enough differ.

For no man can rationally ſay that the Proceſs of Suits, puniſhment of Crimes, and execution of Cenſures of the Church are not in the ſame State all over London; yet the Proceſſes of Suits run not in the ſame name and Style, but ſometimes in the name of the Biſhop, ſometimes in the name of his Arch-Deacon, ſometimes in the name of the Vicar-General, ſometimes in the name of the Official, &c.

Therefore this far fech't Inference (ſtrained and ſtretcht) is too ſhort to reach a Blow, or ſo much as to touch that part of the Statute of 1 Edw. 6. 2. concerning the uſe of the name, ſtyle, and Arms, in the Citations and Proceſſes Eccleſiaſtical.

Nay more, It is evident (alſo) that the Popes 〈◊〉 , Supremacy, and re-eſtabliſhment might well enough 〈…〉 ith the uſe of the King's Name and Style, in Proceſſes 〈◊〉 , as well as with Exton's name, or Pinfold's name; or any 〈…〉 ay-Commiſſary's name in the Time of Popery.

If you ſa 〈…〉 ut the name of the King's Majeſty in a Writ or Proceſs 〈…〉 an Avow or Tacite Recognition that the Courts-Eccleſiaſti 〈…〉 the King's-Courts; I readily grant it, and therefore, it argues the more ſtrongly for the reaſonableneſs and great Expediency of that Statute, that well enjoyns His Majeſties Name, Style and Arms in Courts Eccleſiaſtical, If they be the Kings-Courts Eccleſiaſtical, and His Majesty Head of the Church, as he is of the State.

This Statute then of 1 and 2 Phil. and Mar. 8. does not ſo much as by Conſequence repeal 1 Edw. 6. 2. Yet I well know what my Lord Coke ſays to it, and do better know that he durſt ſay no other then he did, ſo terrible then were the Prelates, looking bigg and formidable in their High-Commiſſion-Court and Starr-Chamber.

Otherwiſe, a man of his ſence and acute reaſon could not have talkt (asCoke Mag. Chart. p. 68 • . he does) of the dreadful Conſequences; if that Statute of 1 Edw. 6. 2. be in force, to the Infinite Prejudice of His Majesties Subjects in caſes of great Importance, and to the Scandal and Impeachment of His Majestics Juſtice, &c.

For • le ſecure the Scandal and all the dreadful Conſequences, before the Reader has turn'd over many more Leaves of this little Tract; if the Oracle of the Law, the Learned Coke be not miſtaken. And if the Biſhops (in 4 Jacobi) had not had ſomewhat elſe at the bottome (which I • are not to name) we ſhould have had and ſtill have as good Biſhops and Prieſts as ever we had, if that be all the Objection, that the Statute of 1 Edw. 6. 2 (as to the uſe of the name and ſtyle of the King in Proceſſes Eccleſiaſtical) will make us looſe our Prieſts and Biſhops (God bleſs us, we are not ſo loſt and undone as yet; if 〈◊〉 Coke be not out of his Law; in this particular; the Learned are affi 〈…〉 warps.

But a Statute may by expreſs words, in after-Statutes, be repealed in part and in a Branch, and not alwayes in the whole; as is eaſy to inſtance in many Crowding Preſidents.

And, Coke ſays, the Arch-biſhops and Biſhops would all be illegal if they were made according to our Celebrated Act of 1 Edw. 6. Becauſe 〈◊〉 p. 686.

Thought it be not repealed, yet the 1 Eliz. 1. reviving the Act of 25. Hen. 8. 20. is thought to vacate ſo much of it as concerns the making and conſtituting Biſhops.

And therefore King James his Biſhops ſhould not have needed to have been ſo ſcared and affrighted (as if the Sky had fallen) when the 1 Edw. 6. 2. was reviv'd by King James his repealing 1 Ma. 2. if the Lord Coke ſay true.

For Queen Elizabeth had ſecur'd his and her Biſhops by reviving her Fathers Act concerning Biſhop-making, in theſe words;

And at every Avoydance of any Arch-biſhoprick, Biſhoprick, The King His Heirs and Sncceſſors may grant to the Prior and Covent (we have got none now) or to the Dea • and a Chapter a Licence under the great Seal, &c. containing the Name of the perſon which they ſhall Elect and chooſe, &c.

A pretty kind of Election! for they ſhall neither will, nor chuſe, nor dare to refuſe him that▪ is nominated in the Letters miſſive; yet it is called an Election though, although it be whether they will or no.

Biſhops then 〈◊〉 need (if Coke be not miſtaken) to fear, but they are well enough made, 〈◊〉 I wiſh (with all my heart) that ſome of them were made better, for their ow 〈…〉 and for my own ſake There's no harm nor ſcandal in this Prayer, I 〈◊〉

But ſtill, what's all this to the contempt 〈…〉 ute of 1 Edw. 6. 2 as to the uſe of the name, ſtyle, &c. of the King in 〈…〉 mmons Eccleſiaſtical, if that Clauſe (in 1 Edw. 6. 2. be unrepealed?

Why? it is repealed in effect (ſays the Lord Coke) by this 〈◊〉 that Statute of 25. Hen 8. 20. as aforeſaid, by 1 Eliz. 1. reviv'd, namely, in 〈◊〉 . Chart. p, 686. theſe words.

And further it is Enacted, that every perſon choſen, Elected. Iuveſted and conſecrated Arch-biſhop, or Biſhop, according to the Form and Effect of this Act &c. ſhall do and execute iu every thing and things touching the ſame, as any Arch-biſhop or Biſhop of this Realm, &c. might at any time heretofore do.

Thus the Lord Coke recites that Branch of the Statute, with greater prevarication then became a man of his Ingenuity, which herein far ſurpaſt his Integrity.

The Truth is, a great Lawyer, (and the higher he is ſtaged) had need to be, of all others, a good man, like Roſcius, of whom Cicero gives this Character, Orat▪ pro R • ſci • ef • rente auguſteno, de conſenſu • vaugle • ▪ cap. 23. T. 4▪ —Roſcium it a peritum dixit ut ſolus eſſet dignus qui in Scenam deberet intrare, ita virum bonum ut ſolus eſſet dignus, qui eo non debeat accedere: Roſcius was ſuch a skilful Actor, that he (of all others) did beſt become the stage; but ſo good a man withall, that it was a Pity he ſhould ever have come there.

As the Learned Coke does quote the Statute, Arch-biſhops and Biſhops may, nay, they ought to ſay Maſs, baptiſe our Bells, ſpit in our Childrens mouths when they baptiſe them, and a thouſand idle • opperies more they ought to do, if they ought to do in every thing, as any Popiſh Archbiſhop or Biſhop might at any time heretofore do.

To the great Diſhonour and Diſparagement of the Prudence and Wiſdom of Queen Elizabeth and her firſt Parliament, nay, and of all Parliaments ſince that time.

By Cooks Citation of the Statute to ſerve his purpoſe againſt the ſaid clauſe of the Statute of 1 Edw. 6. 2. he opens a gap to let in Popery, or to let out the Biſhops thither, if they pleaſe; if they muſt do and execute in every thing and things, as any Arch-biſhop or Biſhop of this Realm might at any time do, before the time of Hen. 8.

Story ſays that Aeſculapius was ſtruck by a Thunderbolt for taking Immoderate Fees for a Cure: and ſome men think, that it was either Covetouſneſs of a great Huge banking Fee, or Fear of looſing ſome Place or Office by diſpleaſing the Biſhops, that Cook did not fully and honeſtly recite the ſaid Statute; For the true words are,

As any Arch-biſhop or Biſhop of this Realm, without offending the Prerogative Royal of the Crown and the Laws and Cuſtomes of this, Realm, might at any time heretofore do.

Which clauſe (by Cook) wilfully or weakly omitted and left out, quite alters the Caſe, and gives the Arch-Biſhops and Biſhops no power to act, do, execute, or Iſſue out any Proceſſes Eccleſiaſtical, (as Popiſh Biſhops uſed to do) in their own Names and Styles, ſealed with their own Arms, and not the Kings Armes, becauſe it is contrary to the Law and Statute of 1 Edw. 6. 2 And thoſe Armes are uſually Papa in Cathedra • ▪ as 〈…〉 of my Court in the Soken of Eſſex, is the Mitred Pope ſitting 〈…〉 Chair; ſo that (ſtill I ſay) The Kings Armes engraven in all Cour • 〈…〉 • , would be a good Recognition that all the Eccleſiaſtical Co 〈…〉 His; and He Head of the Church; as the Popes Picture (of old)▪ • Court-Seales, (with the two Croſs-keys in his hand,) did ſeem 〈…〉 Popes Supremacy and Authority as chief head of their old 〈…〉 Eccleſiastical Courts.

〈…〉 the ſecond and third Ligaments, or Cords ſaid to bind the force of this Act, (namely 1 & 2 Phil. & Mar. 8. & 1 Eliz. 1.) does not ſo much as touch upon 1 Edw. 6. 2. no not obliquely, much leſs do they repeal it expreſly and by name; and least of all could it be any ways poſſible that the Legiſlators had the leaſt thoughts to ſtrike it dead by 1 & 2 Phil. & Mar. 8. or 1 Eliz. 1. when they knew it was dead and buryed before by 1 Mar. 2.

CHAP. V.

THis Beloved Statute then is got looſe from the pretended ſhackles that Phillip and Mary or Queen Elizabeth, are ſaid to deſign againſt it; alas they could not poſſibly be ſo weak as to plant their Artillery againſt a thing that the Queen had ſtruck dead whilſt ſhe was a maid, a year before; they had not the leaſt thought of it, I dare ſay for them.

Much leſs had Queen Elizabeth the leaſt thoughts of deſtroying this Statute by any thing in 1 Eliz. 1. when they very well knew that it was dead or repealed by 1 Mar. 2.

And though 1 Eliz. 1, does obliquely glance at it, by making the old faſhion of making Biſhops Legal, in a Proteſtant Church; yet ſhe does not empower (by a revival of 25. Hen. 8. 20.) any Arch-biſhop or Biſhop to transgreſs any Statute allready in force, much leſs any Statute that ſhould come to be in force after Queen Elizabeth was dead and buryed.

Which is the very caſe here; For had Queen Elizabeth, as Queen Mary, (or any other King or Queen) by name (expreſly.) Repealed this Statute; (with which Cords Learned Coke makes ſuch a Pother to no purpoſe) yet, by his own Arguments all his Pother is an idle Pother, and nothing that King Phillip and Mary, nor Queen Mary alone, nor Queen Elizabeth alone, nor all of them united, can do, is able to repeal 1. Edw. 6. 2. for ever.

For if an after-King and Parliament do but repeal their Repeal, the Statute Repealed gets New Life, and is born again; as Coke infallibly proves and affirms, in his diſcourſe upon the Revival of this very Statute: Coke 2d. Inſtit. p. 685, 686.

For he ſays that by the Repealing of a Repeal, the firſt Act is Reviv'd; which is moſt true, for remoto Impedimento reviviſcit Statutum.

And therefore the Force of this Statute, about which Coke does ſo puzzle himſelf with this Three-fold Cord, eaſily appears and Breaks looſe; from any Tye that 1 Mar. or 1 & 2 Phil. & Mar. or Q. Eliz. could poſſibly ſhackle it and fetter it with; which Shackles ſhall bind no longer then till they or ſome of the ſucceeding Kings and Parliament do unbind and take them off.

All which was ſoon done in the firſt of King James, in his firſt Parliament, Repealing by Name 1 Mar. 2. that by Name had Repealed this Royal Statute (ſo advantagious to the Kings Supremacy and Prerogative Royal) and alſo thereby (through its Revival) Virtually Repealing all Precedent Statutes, whether of Phil. & Mar. or Mary, or Queen Elizabeth, that went before it, if contrary to it; or in tanto. For in Statute Law (contrary to the Laws of Heraldry) The Junior always takes place of the Senior.

But the Arch-biſhops or Biſhops ought to have uſed their own names, Styles, &c. in their Proceſſes, whilſt 1 Edw. 6. 2. ſtood repealed, during the Reigns of the two Siſters, Mary & Elizabeth, and no longer (it ſeems) then till Primo Jacobi It was revived.

The only difficulty that ever I could find that ſeem'd to queſtion the force of this Statute of 1 Edw. 6. 2. Is its Repeal by 1 Mar. 2. which though its ſelf be Repealed by 1 Jacobi, yet the 1 Edw. 6. 2 being not revived by Name, therefore ſome doubt its vigour, though the Force it lay under, be quite taken away. Becauſe (ſay they) It is not reviv'd in expreſs words by 1 Jacobi. But the Lord Coke makes no difficulty at all of that, for he has theſe Words on this very occaſion, namely,—

It was ſtrongly urged and enforced, &c. that all their (the Biſhops) Proceſs and Proceedings being in their own Names, Stiles, and Seals, (where by the ſaid Act they ought to have been in the Kings Name) and under the Kings Seale were all unlawful and voyd. (Ay!)

And to prove that the ſaid Act of Anno 1 Edw▪ 6. was n • w in force, They alleadged that this Act of 1 Edw. 6. was Repealed by the ſaid Act of 1 Mar. above mentioned, which Act of Repeal being Repealed by the ſaid branch of Primo Regis Jacobi, •• nſequently the ſaid Act of 1 Edw. 6. was thereby revived.

For when an Act of Repeal is Repealed, The firſt Act that was Repealed is Revived—A plain Caſe) Remo • o Impedimento Reviviſcit Statutum, And herewith agreeth the Book-Caſe in 15 Edw. 3. Tit. Petition Placit 2. And this is true, and cannot be denyed. Thus far Coke.

Why is it ſo? Then truly I think 'tis no great ſin to be of my Lord Chief Juſtice Pembertons Opinion, (I mean) whilſt he was at the Bar, urging the force & Validity of this Statute, in Mr. Wealds Caſe of Much-Waltham in Eſſex, moving with Mr. Rotheram for a Prohibition againſt the proceedings of the Eccleſiaſtical mens Proceſs againſt Mr. Wealds, becauſe their Proceſs against him run in their own Names, & ſealed with their own Seales, and not the Kings-Arms. But, becauſe Sir William Scrogs neſtled, and neſtled, and Scracht his Head, Sir Francis Pemberton (it ſeems) eaſily perceived his Diſeaſe, and therefore ſeemed to Compaſſionate the Lord Chief Juſtice Scrogs, by ſaying, My Lord, I have urged the Statute of 1 Edw. 6. but I will not be warm upon it, becauſe I perceive your Lordſhip is not prepar'd at this time to give it an Anſwer; or, he uſed words to the like effect, in Preſence of above an hundred Witneſſes.

The Truth is, the time Sir Francis Pemberton urg'd this Statute, was Parliament-time; no very ſeaſonable time for a Judge to declare a Statute to be null and void, that never any Judge as yet did upon the Bench take upon him to do; ſince 1 Jacobi reviv'd it, by Repealing its Repealer 1 Mar. 2.

And truly whilſt Eccleſiaſtical-Courts did little elſe but prove Wills, and now and then get a few crack't Groats from a poor fearful Church-Warden, (rather than contend with them) and ſome ſuch little buſineſs, moſt men paſt them by through contempt: As not daigning to trouble themſelves with medling with them; though in that little they did, They opprest (and ſtill do oppreſs) His Majeſties Subjects moſt impudently, by extorting exceſſive Fees, in deſpight and defyance of the Statutes to the cont •• y; Impudent Registers!

But there is this to be ſaid for them, by way of Apology, That when they give ſome hundreds of Pounds for the Sell-Souls-place, they muſt make their money of Sins and Souls; which yet is contrary to their own Canons.

I profeſs, I have many times long together been puzling my ſelf by ſtudyingLy •• ood L. v. Tit. 2. cap. preterea. what thoſe Eccleſiaſtical-Fellows in their Eccleſiaſtical-Courts are good for, or what one good thing they do; every Creature of God is good for ſomething; but, now I think on't, they do not pretend to be purely of Gods making, (there's nothing in holy Scripture that is alike to their Conſtitution;) nor (by what has been here ſaid) will any man that I know venture to ſay they are purely of the King's making Legally, if they live in defyance of the Kings Laws, and refuſe to uſe the Kings Name, Style, and Seal, in their Proceſſes Eccleſiaſtical, enjoyned by the Statute: I have been in Popiſh Countreys, and there I have ſeen a Crew in many things like them.

But, (God knows) we Proteſtants do unanimouſly declare againſt Implicite Faith, and yet, the Eccleſiaſtical Juriſdiction, from the firſt Citation to the end, namely to Excommunication and the Jayl, is much carryed on by Implicite Faith.

For the Judges believe the Biſhops Significavit, and Arch-biſhops Signifieavits, whilſt they, (good men) ſignify a man Excommunicated, and yet never heard one word of the merit of the cauſe; but the Judges believes the Biſhops Significavit, and the Biſhop believes the Regiſters Certificavit; which unavoidable comes, if you do not ſtop the Regiſters hand with money, to his content: Oh ſad eſtate of Christianity! Chriſtianity?

God bleſs the King, and Parliament (when it ſits, I mean) and by all Tokens it is probable, that they'l ſoon reſolve theſe Riddles; and (alſo) not admit palpable Symony and Hypocriſy, to Provoke Gods Wrath and Judgments upon the Nation, by making holy Ordinances and Ordinations vendible, and Goſpel-Keys (of binding and looſing) (once another Gift of God) a money-buſineſs, or Political Engine, to take away men's Franchiſes and Votes, when there is no other way to deprive them thereof.

I cannot think that Chriſt entruſted Anathemas to his Diſciples to play them ſo frankly at a bold Rate faſt & looſe; He that eats & drinks unworthily, that is (to a Politick, Carnal End) eats and drinks his own Damnation; and he that opens and ſhuts Heaven and Hell-Gates, binding and looſing, uſing the Holy-Keys unworthily (that is) for low, politick, Carnal-Ends) uſes them to his own Damnation; God will not be mocked.

CHAP. VI.

I Doubt not but all that Read this, muſt ſay, that in this Tract I have done their buſineſs already, to all intents and purpoſes.

A Law may ſleep, a Statute may lie Dormant, as did the Act of Ʋniformity whilſt the King's Act of Indulgence (according to his Royal Word, and Promiſe from Breda, facilitating his Return) did laſt; but though, Laws may be huſht and lull'd aſleep, awhile, nay, a long time, yet, (if they be not quite dead) woe be to him that tramples on them; for the Laws of England are ſo ſacred that (it has been obſerv'd) they have been too hard for any man, at long run, that durſt oppoſe them, withſtand them, or ſtand in their way, the Laws are (called) the Subjects beſt Inheritance.

I remember part of Sir Harbottle Grimſton's ſpeech (in Parliament Anno 1640. concerning Spiritual-Courts) was to take notice of an InſolenceCoke 2d. Inſtit. p63. of theirs much alike to what has been heard of in other caſes; namely, under a Religious Pretext to meddle with mens Franchyſes, Charters, and Priviledges, as Engliſh-men; for, ſays that Loyal Gentleman and true Engliſhman, ſpeaking of the Lambeth Canons of 40. and the Synod then there—

`That the Synod called together upon pretence of Religion, took upon them `the boldneſs out of Parliament to grant Subſidies and meddle with men's Free Holds.

Oh! How diſhonourable is it to any Religion to palliate ſo much venome as under a notion of a Goſpel Ordinance of Excommunication or the like, to deſign to make men uncapable of a Vote, or Freedoms, Franchiſes, and Charters,Mr Grimſtonsſpeach in Parlia▪ eſpecially if they ſeem to be affraid of nothing ſo much as that ſome ſhould conform, and conſequently be capable of as many Priviledges as the Debauchee, or prophane Libertine.

Chriſtianity do you call it? more like Ely's Sons, or Simon-Magus, Oh God! may not ſuch well dread thy Vengeance? Chriſtianity do you call it?

The wiſeſt of all the ten Perſecuting Emperours was Diocleſian, whoſe Conſcience ſo tormented his Breaſt, for Perſecuting the Chriſtians, that he threw the Diadem from his hated head, and hid it in a Garden, in the obſcureſt Py-corner of the World.

But, the Horrour of Nero's Viſage is by Suetonius rendred ſo tremendous Suet. Nero. to behold (after he vented his Cruelty upon the Chriſtians) that it would make a mans Hair stand on end, to view him, extantibus vigentibuſque oculis uſ que ad horrorem viſentium, with ghaſtly Looks and frightful Eyes ſtrikeing Horrour in all that ſaw him; ſuch was the Fate of this Perſecuting Atheiſt, Religionem uſ que qua que Aſpernator, as Suetonius calls him; a Contemner of every thing that lookt like Religion.

And ſuch are the brood of Simon Magus, that make uſe of Religion (which is intended for the Salvation of mens Souls) only to the deſtruction of their Bodies, and Eſtates.

Simon? (quoth he) no Simon Magus was not thus Impudent, he did his buſineſs (indeed) namely, the money buſineſs, and to be ador'd and Reverenc't (forſooth) But, he did it, by juggle and ſleight of hand; but, the Son's of Eli and Symonists, (like Ghoſts long enur'd to walk) appeared at Noon-day did take purſes before mens faces, Swagger, Curſe, Anathematize, Damn, & bluſter; In good time they were charm'd down? In Nomine Domini? Amen.

If ever you were in Spain or Portugal, (as I have been) tell me what Monkey or Baboon is more contemtible, than a ſneaking, perjur'd, Hypocritical, Eccleſiaſtical Property of State.

What more Ridicule, then a fawning Spiritual Sycophant in Antick-Dreſs, cringing with his Pin-Buttocks and hallow-ſmiles, upon a Whore Atheist or Renegade, that do but ſcoff at his ghaſtly Habilements of uncouth Guize and Shape, Portentous and Prodigious? Riſum teneat is Amic • ? could ye have held from Laughing at the Holy Mymick. Or could ye forbear ſmiling to ſee a bigotted Fop (old or young) throng and crowd to kneel for the benediction of an empty Palm, or Lecherous and Simoniacal Clutches.

Whilſt the gawdy Hypocrite ſmiles in his Py-bald Sleeves (The Trophies (poſſibly) of Smock-Simony, Pandariſme, Flattery, or Bribery.)

CHAP. VII.

OH! what a frightful, Heatheniſh, (nay more,) Popiſh and Barbarous Cambdens Eliz. lib. 4 Anno 1602 45. Eliz. ſight it is to ſee a Biſhop lye like Eugenius O-Hegan, Biſhop of Roſſe, who (ſiding with the Tories) was ſlain by Captain Taffe, and in a moſt Ghaſtly and un-Biſhop-like Poſture found Dead with a Breviary (his Common-prayer-Book) in one hand and a Sword in the other! like to the Biſhop of London, that Fox. Acts and Monuments. Lecherous Bonner, who was a fool to boot.

For, if he had had any Brains in his Skull, conſidering (more eſpecially) the crazy foundation he ſtood upon, and the ſlippery Hold, that hung onely on the ſlender Thread of the Quens life, he would not have diſobliged the generality of Mankind by the cruel methods of himſelf, and his Imps, delivering men to the Devil, Jayl, and Torments, by Shoals, and in groſs, and releaſing them as faſt for money.

For Pluto loves Riches, yet he never teaches his Servants any Wit, but only ſo much as he teaches Witches; juſt enough to do miſchief when God permits them the power a while in their hands, that the malice (which lies in their Deviliſh hearts) may be the better known, and ſo bring them the ſooner to their End.

For Witches and Perſecutors never had Wit enough (ſince the World was) to be wiſe for themſelves.

For if Bonner had not been a fool, he would never have been the Devils Prime-Tool, and the Jaylors best Friend, and thereby (alſo) the Queens greatest Enemy, and the beſt Friend that her Proteſtant Succeſſor found.

For there was never a poor Soul that Bonner deliver'd to the Devil and the Jail, but loſt the Queen a Thouſand hearts; all which her Proteſtant Succeſſor found ready Preſt for her Service.

For a Prince that, by ungrateful methods, has loſt the hearts of the Generality of his ſubjects, has loſt his best Life-guard and strongeſt Fort.

So much the greater loſs, becauſe Irrecoverable: for Oppreſſors, and Faith-breakers, and Promiſe-breakers, can play no after-games; becauſe (like broken Merchants) their credit once crack't, no body will truſt them.

This was too evident to Queen Mary, who contrary to her own natural Tenderneſs, was puſh't on to harſh & ungrateful Methods by the Inſtigation of the furious Prieſts, who ſeldom prove fortunate Counſellors to a Prince.

For, thus, by their Tantivec-leaſings, (onely to uphold their Spiritual-Tyranny, Pride and Pomp) ſhe, by looſing her Peoples hearts, broke her own, more than did the loſs of Calice, or the coldneſs of King Philips affection towards her.

All this wrought well for her Proteſtant Succeſſor, whom the major part lov'd and long'd for, wiſhing onely for an occaſion to ſhow their devotion.

Nor does the All-ſeeing Providence long adjourn ſuch occaſions, as here fell out, by the Queens ſudden and unexpected death; Oh Monſtrous! To ſee how Bonner look't then, and all the little gang of Polititians! The Queen's death breaking the heart of Cardinal Pool, who dyed three hours after he heard the news; though ſome think that ſorrow alone, (without ſome other drug) could not have diſpatcht him ſo ſuddenly; Thus the poor Levitt (Aſpiring W • olſey) alſo is ſaid to haſten his own death by a Maſterteſs-Purge, when his Tottering-ſtate (which is nothing but viciſſio) turned.

But, to return to my other Eccleſiaſtical-man Bonner, who had never a Friend in Heaven nor on Earth:

Such a thrifty True is Perſecution of men's Conſciences, whereof God alone (as King Charles the ſi •• ſayes) is the King.

Nor will ari 〈…〉 nan be of the Perſecuting Trade, but he that is more fool than Knave; for, as it br •• e the Spanyard by looſing him the Low-Countreys, ſo it breaks every man that (as yet) ever followed the Trade; whatſoever Politick-Roger does obſerve to the contrary.

Beſides, it is a Trade as uneaſy as accurſed, for it is hard kicking againſt the Pricks, or fighting againſt the King of Conſciences: Let Atheiſt go on, as Bonner did; there was no perſwading him to the contrary: he would go on; What ſhould a Body talk? Go, Bray a Fool in a Mortar, yet will not his Folly depart from him.

That very Fool was, the Biſhop of Loudon, the ſaid Bonner, for, if he would have hang'd himſelf, he could not have done the Martyrs more good, than by his Helliſh Methods, ſending them the ſooner to Heaven, and himſelf (without Repentance) the ſooner to the Devil, by his Curſed Work of Excommunicating, Jayling, and Halling men to Torment, ſometimes of one kind, ſometimes another; nay, the unclean Wretclt took pleaſure in whipping Pretty Boys Buttocks, fumbling at them with his Epiſcopal Palms.

'Tis true, Queen Mary could not have got (ſeek England through) a Metter Engine for Perſecution; for he was ſo much a Fool that he had only Wit enough to be A curſed, Cruel, implacable Knave, and the State's-Fool.

For which employment he was the fitter, becauſe he had been at Rome, (perhaps for the very nonce) to be the more accompliſht Perſecutor.

He being not onely the Queens Puppet, but the Queens Aprodigius Canon ſo called. Pocket-Piſtol; for he was the Roaring-Megg of miſchief, thundring out his Anathema's and Excommunications, Damm'em he cry'd, or elſe, take them Devil! If they were Diſſenters from Popiſh Superſtitions and happened to be cited to his Spiritual-Courts, and yet he lookt as demurely as ſillily (for I have his Picture) and he looks ſo like an Innocent, and yet like a Holy-cheat, or Religious Ape, being indeed the Pia-fraus of malice and wickedneſs.

In ſhort, if I knew where this quondam Biſhop of London's Tomb is, I would draw his Picture upon his Sepulcher, and expoſe his Loathſome Features to Poſterity, by writing his Epitaph upon his Grave: (I have it ready.)

For he was the very Picture of ill-luck, as ever had the hap to be London's Biſhop;

The States great Puppet, a Tool that Knaves do work with, call'd a Fool; being a meer property of State; and the very Compound of Malice and Non-ſence, ana.

CHAP. VIII.

LEt no Ingenuous Reader blame my ſtile, as if it were too ſharp and pungent on this occaſion; He that conſiders the Vexations, Torments and Crueltics inflicted by that Biſhop of London, will not wonder if they whet my Pen even to Exaſperatien; when I drew Bonners Picture in the foregoing Chapter.

You may ſee the Biſhops Picture, in Fox his Book of Martyrs (if you think it reſembles him ſo well as this that I have (as aforeſaid) drawn for him.)

Did you ever ſee any Body like him?

For Bonner was more Brute than man.

Yet more may be ſaid in Excuſe for Bonner, then for ſome others, that ſhall follow his Traáe; (to wit) that Bonner had the Letter of the Law to juſtify his Perſecution; and yet that Letter of the Law could not juſtify him, nor keep the Wretch from being undone ſoon after; For Cruelty and Perſecution are all ſhort liv'd.

But, I am ſure, ſome Eccleſiaſtical-men have not ſo much as the Letter of the Law to juſtify their Sell-Soul-Trade, Oppreſſions, Illegal Fees, Vexations, Symony, and Extortions; wherein they are far leſs juſtifyable than vile Bonner.

Oh! Does our Bibles teach us Symony, or to take money for the Gifts of God that are not to be ſold nor purchaſed with money?

Does Chriſt or his Apoſtles teach us to exerciſe Dominion (like the Princes of the Gentiles) and to Lord it over Gods Heritage?

Simon Magus attempted it, but to cheapen and ask the Price of the Gift of God, but did not actually ſell it.

However we do not read that he intended to be twice paid: But it is contrary to our Canonical-Oath and your own Canons, to take or give money for Letters of Orders, Sacraments Inſtitutions, B • ptings, Marriages, Burials, &c. and contrary to our Oath againſt Symony? or ſelling or purchating Gods Gifts! How are we 〈◊〉 ? What Oath have we ſworn to keep?

There is yet one, (even moſt thumping) Objection behind and unanſwered, which the Lord Coke ſeems to lay the greateſt Streſs upon, and did moſt prevail with the Lord chief-Baron and others to get it huſh't down and laid, after the • wo Lord Chief-Juſ ••••• , could not deny but it begun to be reviv'd and walk again, ſince 1 Jacobi, To the great T •• rour of the ruling Prieſts, Commiſſaries, Officials, Jaylors, Regiſters and Summers; for 〈◊〉 Trade ſeem'd to begin to fail, but for one main Argument, or Cord that ſeem'd to bind it down again, viz.

Object. It would be great Scandal to the Kings Juſtice (yea verily) if there had been no Legal Prieſts and Biſhops made for three long years together, with other Inconveniences (to boot) if the Statute of 1 Edw. 6. 2. ſhould be in force, and therefore it muſt not, it ſhall not, it cannot be in force.

Anſw. This Objection is like the Rancounter of a •• ayl, there is no ward (they think) no fence againſt it; and it is really ſo, if the Law of England be Club-Law.

Object. Was it a Scandal to have no Legal Biſhops nor Legal Prieſts conſtituted for three long years, how great then would the Scandal be for 70 long years? ſay they.

Anſw. But, (My friends!) a Conſumption or Gangrene is never the better but the worſe, more Inveterate, more noyſome, more Dangerous, and more difficulty cured, by Continuance.

Did ever any man plead for the Expediency of an Ʋlcer becauſe it was an old ſore? Is not the Continuance thereof the ready way to bring it to a Gangrene? to the hazard of mortifying the part, and threatning (moſt formidably) the Hazard of the Vitals, and noble parts? Never did Illegality or a Diſeaſe plead Seniority rationally for its Juſtification. Is it a Scandal, and attended with great Inconveniencies? 'Tis granted, and it is too true: What then? What is to be done with it? that is the next queſtion, and moſt neceſſary to be decided: Is it a Scandal? the more need there is of a ſpeedy Removal of the Scandal, ſuch an old Scandal: 〈 in non-Latin alphabet 〉 (or Scandalum,) is a Greek word, and it properly ſignifies a Threſhold or ſtumbling block, and (Metaphorically) all things that offend (or lye in our way) are called Scandals?

Now what ſhall we do with his block or Threſhold, or Scandal? The Anſwer is moſt Eaſy; Lay the block or the Threſhold at the right Door whereto it belongs and appertains.

CHAP. IX.

DOes the Revival of this Statute put us again into the true Proteſtant dreſs? does it take away the Conge Deſlires, and Elections thereupon, which 1 Edw. 6. 2. ſays, are in very deed no Elections, but (meer) Colours, Shadows, and Pretences of Elections, ſerving nevertheleſs to no Purpoſe, and ſeeming alſo Derogatory and Prejudicial to the Kings Prerogative Royal, &c.

Is the Kings Supremacy and Authority Eccleſiaſtical beſt aſſerted and avowed by his Name, Stile, and Armes, in all Writs, Original or Judicial, in Eccleſiaſtical-Courts, as well as they are in Temporal-Courts?

Then why ſhould not Prelats and their Eccleſiaſtical Courts, conform themſelves, and be as tender of the Kings Prerogative, Supremacy and Authority in Eccleſiaſtical as well as Temporal Cauſes and Courts, if they have not ſome Secret Reſerve in the hollow of their Breaſts? why ſhould they not be for the King as well in things that thwart as well as in things that make for their Intereſt, if they be ſo Loyal in things that ſerve their own turnes, Intereſt, Power, Grandeur and Dominion?

Is it a Scandal? Remove it, lay it at the doors it properly belongs unto.

If they be not Legally Conſtituted, what then? why, then let them be Legally Conſtituted; and if there be the more Vacancyes, there will be the more firſt-fruits and Fees for Letters Patents; They may the better afford it, if they have had ſuch ſtately Revenues (ſo long) illegally; And what harm of all this?

Oh! (ſay ſome) A very great harm, this would be a Confeſſion of Guilt, and a Confeſſion of Sin, and errour; an old Sin, an old Errour:

What then? This is the first time that ever I heard that Confeſſion of Sin was a Crime; Oh, but it argues ſuch an Ʋniverſsal Error? why, whoever ſaid the Prelats are inſallible in Spirituals, much leſs Temporals? we read of great Miſchieſs that have enſhed by their buzzing at C •••• ong agoe, and buſying themſelves with Politicks, It had been much better for them, 〈◊〉 for Princes too, that Biſhops had kept themſelves to their Bibles; And neither 〈◊〉 the World would have been ſo plagu'd with their Heats, which (like fire out of the Hearth,) 〈◊〉 has ſometimes Conſumed then Warmed; having done Miſchief unſpeakable, but what good? 〈◊〉 this (only) my own Obſervation, I learnt it from no worſe man than a Biſhop, nay an 〈…〉 ▪ I mean Matt. Parker Arch-biſhop of Canterbury, (in good Queen Elizabeths days,) who in his 〈◊〉 Intitled Autiquitates Britannicae, (ſpeaking of the times of K. R. 1 and the Pranks of Hubere 〈◊〉 Arch-biſhop of Canterbury) has theſe words—Neque enim ſi verum Judicarc Volumus, in Republica Chriſtiana quicquam ſani, atque Integri Saculum illud tulit. Fictaque et Adusnbrata Religionis ſpecie Propoſita, totus Clerus in Sceleribus Muneribus, honoribus et Rapinis, Neglecto penitus Verbo, impune Volutabat, Hujus mali Origo ab hoc Proſluxit, quod contra Orthodoxorum Patrum Decreta, Clerus Nimium Mundanis ſe Negotiis Immiſcuit. Nor was there, if we will Judge aright, in that Age anything left ſound, or as it ought to be, in the Chriſtian Common-wealth, for the whole Clergy under a feigned and outſide form of Religion, did with Impunity Wallow (like Swine) in Wickedneſs, Briberies, Honours and R • pines, altogether neglecting the Word of God. The Original of all which Miſchiefs was this, becauſs the Clergy, contrary to the Decrees of the Orthodox Fathers, would needs be thruſting themſelves into, and intermedling with Worldly Affairs;

Then he goes on to ſhew a fearful Example of Gods Vengeance upon one of them who had Clambered up to a very high Office in the State, and cloſeth that Relation thus—Cujus Generis Exemplaid circo proferenda ſunt ut deterreatur a Vectigalibus Regiis, et Civilibus, publiciſque Occupationibus Clerus, et Evangelio Propagando precipue ſtudent a • Incumbat. Examples of this kind ought to be Recorded that the Clergy may be deterred from hankering after Court-Preſerments, and buſling in Civil and publick Offices, and mainly Study and devote themſelves intirely to the Propagation of the Goſpel.

You are in the Right, Reverend! much in the Right—

They are Spiritual men, or ſhould be; they are Divines, or ſhould be; they are (like a Fiſh out of the Water) out of their Element when they meddle with Politicks, out of their Sphere, Inconſiſtent with their Office, and perhaps their Education, nor has God bleſt them in ſuch Undertakings; Away with them to their Bibles, and Common-Prayer-Book, Thoſe are ſitter and more becoming Tools, then Writs, Capiaſſes, • ibels, Declarations, Informations, Citations, Vexations, and Promotions.

It was Auguſtine the Monk (that first and worſt Arch-biſhop of Canterbury) that first brought the Plague into England from Rome; The Plague-Eccleſiaſtical of Avarice,: Pride, Dominion, pomp and Popiſh Prelacy.

If ever Anti-Chriſt appear'd in a Single Perſon, none could ever ſhow a better Title to him then this proud Parker anti que Britan p. 47. Monk, Nor that ever did defile the Church of England with more Romiſh Filth and Rubbiſh, then he; would it were clean ſwept, if any Noyſome Corruptions which he brought over with him be not taken away; and how beautifully it looks then? But the great Infection of his Plagues had not ſpread, but that he had ſuch an Influence upon King Eichelbert and his Parliament. Anno 601.13. E. 1. 1. 18 E. 3. 7.

He firſt got the Conuſans of Tythes into his Eccleſiaſtical-Courts, as appears by the Statutes 13. Edw. 1. 1. & 18. Edw. 3. 7. at the Requeſt of the Prelats (ſays the Statute) And that it uſe to be otherwiſe before, as the firſt words of the ſaid Statute ſpecifyes; and Inter leges Edw. Regis cap. 8. fol. 128. which ſpeaks of Tythes, It is ſaid Hec Predicavit Auguſtinus et Conceſſa ſunt Rege, Baronibus et Popule, &c. The King, Lords and Commons gave the Eccleſiaſtical men the Conuſans of Tythes upon Auguſtin's preacbing Bract. lib. 5. fol. 401. to them to that Purpoſe. For till the Statute of Circumſpecte agatis, no Perſon could demand Tythes in Court Chriſtian. Decimae ſunt Spiritualitats Annexa, ſays Braction.

They got the probate of Wills, and the granting Commiſſions of Adminiſtration by Statute, nay, theyLinwood Tit. de conſuet. verb. nullus. Lin. de foro. Compet. lib. 7. could not make a Will (by the Common Law) of their own Goods and Chattels, much leſs could they diſpoſe of other mens Goods; ſo Linwood confeſſes too (who wrote in the Raign of H. 6. Beneficia • us non poteſt Teſtari de Communi Jure (ſed de Conſuctudine) in Anglia.

Linwood Confeſſes the ſame concerning probates of Wills, they got them granted to them.

I name theſe things before I come for ever to overthrow this Laſt Thumping Objection, to let the Reader know that if it were not for probate of Wills, Tythes, and Adminiſtrations, (which by their horrible Corruptions and Extortions they have moſt Injuriouſly Adminiſtred, if not forfeited) there needs not any Statute, no not this 1 Edw. 6. 2. to correct the Eccleſtaſtical Courts; and Eccleſiaſtical Fellows, for (ſome think) they muſt (then) either ſtarve, or begg, or take a better Trade.

And therefore though the Statute of 1 Edw. 6. 2. ſhould prove to be in force, what then? Why then they would keep no Courts at all, rather then keep them in the Kings Name, and not their own?

And what then? where's the Inconvenience, if the Kings Temporal-Courts again get the Conuſans of Tythes, Probate of Wills, Adminiſtrations, &c. (the great Buſineſs (beſides vexing Souls and Church-Wardens, and poor Parſons, and the Money Buſineſs) all which Vexations may well be ſpared) And then the Saddle will but be ſet again upon the right Horſe, where it was handſomely ſet, Till the Government was Prieſt-ridden by Auguſtine that Covetous Supercilious and inſolent Monk.

Object. Ay, but will ſome ſay, Cognizance of Tyths, Fornication, Adultery, Defamation. &c. are purely Spiritual things, and more concern the Soul. Hobarts Caſes. Next to Swan and Hollams Caſe.

Anſw. But I ſay it is falſe; Tythes, Fornication, Defamation, do no more concern the Soul, then do other Injuries, and Sins, Murder, Felony, or Treaſon; no, nor ſo much.

Nay, Even as to Baſtardy, in an action upon the Caſe, for calling one Baſtard, if the Deſendant Juſtify, It ſhall be tryed per Pais, and not by the Certificate of the Ordinary.

CHAP. X.

WEll (but will ſome ſay) you promiſt, in this Treatiſe before, that the firſt Branch of the Statute of 1. Edw. 6. 2. concerning the Biſhop-making, might be ſav'd by 1. Eliz. 1. reviving the 25. Hen. 8. 20.

And then if we can but keep our Biſhops, and prove them to be Legal, they'l diſpence (no doubt) at length with the old Romiſh way of Summons in their own name (as did the Biſhops in the Reign of Edw. 6. for moſt of them were Popiſh Biſhops in Hen. 8 Reign: Proteſtant Biſhops in Edw. 6. Reign; And again Popiſh-Biſhops in Queen Maries days; And if they conform ſo far to the Statute of 1 Edw. 6. 2. as to vouchſafe to uſe the Kings Name, Stile and Seals in their Eccleſiaſtical-Courts, you promis'd that the Firſt Branch of 1 Edw. 6. 2. was vacated by 1. Eliz. 1. And they (conſequently) Legal Biſhops.

Anſw. I anſwer, that I never promiſt any ſuch thing in my life, though the eſteem I have for Prelates, together with my natural • ropenſity to Lordlineſs, Ay, and my own Intereſt too, (being a Judge of an Eccleſiaſtical-Court, and ſending Proceſſes Eccleſiaſtical (all) in my own name hitherto (though if God and the King do but forgive my Sins paſt, herein, I will never do ſo any more; It is Impriſonmen tduring the Kings Pleaſure, I confeſs, and to be in miſerecordia Regis for what all of us have done) might be perſwaſive motives thereunto.

But, alas! I can do no more (than I can) for our Eccleſiaſtical Juriſdiction, I muſt not dare (whatever others do) to Impeach the validity of a Statute, ſeeming ſo long injur'd and looking ſo evidently in force, for fear of After-Claps. I ſaid, indeed, that if Oracle Coke did not miſtake himſelf and the Law, Coke in S • at. 32. H. 8. cap. 38. p. 686, 2 d. Inst it. The Biſhops and Arch-biſhops were Legally made after the old Faſhion of Conge Deſlire and Elections, (as in 25. H. 8. 20. Revived by 1. Eliz. 1.)

And he (alſo) ſays that if they were made according to the Act of 1. Edw. 6. they were unlawful.

But, I never ſaid any ſuch thing, whatever I might wiſh or think: But Quere, whether the 8. Eliz. 1. does not do us a Courteſy iſ the King pleaſe; yet the 1 Edw. 6. revived after 8. Eliz. 1. Quere, whether it do not vacate it, as to Elections, or wherein it is contrary to it? Alſo 14. Car. 2. 14, conſcrate us.

Nay, The Learned Coke ſeems to give an impregnable reaſon for that opinion of his; namely that all after and ſubſequent Statutes do vacate and make null and void all precedent Statutes that are contrary to them. And though the 25. H. 8. 20. be a precedent Statute to 1 Edw. 6. 2, and conſequently was by the ſame defeat ed yet 1. M 〈◊〉 . 2. Repealing the 1. Edw. 6. 2. and 1, Eliz. 1. reviving 25. Hen. 8, 20. The Life of 25. H. 8. 20. Shall bear date onely from the Date of its Reviver, (1 Eliz. 1.) which gave it its life and vigour, onely by that Second Birth: and conſequently is a Junior Statute, and takes place, of 1. Edw. 6. 2. otherwiſe the effect would be ſenior to its cauſe, but cauſe eſt prior cauſato; the Son can no more poſſibly be Elder than the Father, then 25. H. 8. 2. can be Elder than 1. Eliz. 1. which alone, gives it life, and is the cauſe of its being aad motion: Therefore 1. Eliz. 1. reviving 25. H, 8. makes 25. H. 8. 20. an After-Act to 1, Edw. 6. 2. And nulls it ſo far as it is contrary to it; This is the Learned Coke's reaſoning; aud it is pretty well.

But if the Oracle had not warpt ſometimes (as that at Delos by Demoſtehenes is ſaid to Phillipi •• through the underhand-dealing with the Prieſts) ſo wiſe a man could not ſo Inconſiderately have over-ſhot himſelf.

For he needs no other Argument than his own to confound his ſaid opinion; he S • abs himſelf with his own Keen Weapon; which otherwiſe is irreſiſtable; through raſhneſs, Precipitancy, haſte prejudice, or I know what.

For it is irreſiſtably true, that 1. Eliz. 1. reviving 25. H. 8. 20. makes it a Junior-Act, and conſequently to take place (contrary to the Laws as aforeſaid of Heraldry) of its ſenior, 1 Edw. 6. 2.

Even as, in a Feoffment made of Land holden in chief to the uſe of ſuch Perſon or Eſtate as the Donor Hobart's Caſes Sheffield verſ, Ratcliff. ſhall give or diſpoſe in his Will. Here the uſes ſhall not opperate by way of Feoffment, but onely as a Teſtamentary Device; which cannot bear Date nor Life from the Feoffment, but from the Will (poſt obitum Teſtatoris, nam viventis non eſt Teſtamentum) And yet the Feoffmene is good (but onely in Embrio, and without Life or motion) till the Will operate and give it life) And therefore in conſtruction of Law (notwithſtanding the Feoffment, which the Donor made in his life time, yet) he ſhall dye ſeized, and his Wife ſhall have Dower; becauſe the Feoffment (notwithſtanding its Date and delivery in the life of the Donor, ſhall be motion-leſs and life-leſs, till The Will gives it life and vigour.

So alſo, though it be ſaid and truly too) That the Firſt-Feoffment in Law defeats the ſecond, and all After Feoffments; yet, if a man (ſeized in demeſue as of Fee) make Feoffment, as aforeſaid, to ſuch Perſon and Eſtate as ſhall be given and declared in his laſt Will and Teſtament and then afterwards make a Second Feoffment to A. B. and his Heirs; and then make his Will and dye, giving the ſame to C. D. Here C. D. that had the Second Feoffment ſhall have the Land; Becauſe, in Intendment of Law, The Second Feoffment is the First Feoffment that has life and motion, whatever be the Date thereof. But (my Maſters) Coke alſo ſays in the ſame Page, (and ſays true) that by Repealing a Repeal, the firſt Act is revived; The Truth whereof he undoabtedly confirms in the next foregoing Page p. 687. And this Stabbs and confounds his own opinion:

For 1. Jacobi reviving 1 Edw. 6. 2. the life and date of 1. Edw. 6. 2. ſhall be accounted onely from the Date of 1. Jacobi the author of its Being, and the Father that gave it life and motion, knocking the Shackles off, wherewith Queen Mary had bound it • and conſequently 1 Edw. 6. 2. being as young, freſh and youthful as Primo Jacobi, It ſhall vacate 1. Eliz. 1. 1. Mar. 1. and 2. Phil. Mar. 8. 25. H. 8. 20. And all other Statutes made before I Jacobi, if they be contrary to it I wonder what all my • retl ••• Prelate • in England can • ry in anſwer to this: For the • Jacobi •• uſt be repealed before the 1 Edw. 6. 2. (which take its life and vigour from Primo Jacobi) can be vacated.

And if the Lord Coke had ſuffered himſelf to weigh this Argument by bit own Sc • ales, he would not have buſyed himſelf with the three fold Cord, (he talkes of) which is ſo eaſily broken, by the ſtrength of his own. Max • nes of Law; Sie ſum Facili rumpitnr triple • Faſciculus:

For 25. H. 8. 20. is yet in force, but that the 1 Edw. 6. 2. made it null and void by eſtabliſhing a Junior and Freſher Conſtitution in the Room of that old Frame by Conge D • ſlie •• and Elections thereon, which 1 Edw. 6. 2. calls, Pretences, Colours and Shadows onely; and derogatory and Prejudicial to the Kings Prerogative-Royal.

Which Prerogative-Royal (by clearing up the the vigour of this Statute that has long lain clouded and obſcured by ſtrange Arts) If I have ſurely vindicated, I hope no man will deny but I have deſerved well of my King and Countrey. And upon the whole, if Curſt Cows happen tohave ſhort Horns, what Harm? Where's the Scandal? or Inconvenience.

CHAP. XI.

Obj. OH! But ſtill (ſay ſome) It muſt not be admitted that the • Edw. 6. 2. be in fore: Why? Becauſe the Judges have been of another opinion.

Anſw. I anſwer, it does nor appear that ever they judicially declared themſelves to be of another opinion; ſome Judges have given their opinion, againſt it, extrajudicially; and ſo alſo ſome Judges (ten of the twelve) gave their opinions for the Legallity of Ship-money to King Charles 1. And the ſame King in Parliament condemned the ſaid opinion by Statute, as contrary to Magna C • arta, The Petition of Right, and many other good Laws; Judges have been frail to their Ruine.

If Judges therefore will warp and give opinions againſt known Statutes, againſt their Oaths, their Conſciences, thereby breaking their own (as they have been ſaid to break) the Kings Oath. They are the vileſt of men, and do merit the worſt of Puniſhments.

But, on the contrary, This is no, novel opinion; The choice Lawyers of this Land have declared themſelves that this Royal Statute is in force, and not onely ſo, but that there is all the reaſon in the World that it ſhould be in force, and that in acknowledgment of the Kings Supremacy in all cauſes and over all Perſons, as well Eccleſiaſtical as Civil; There is all the reaſon in the World that Writs and Proceſſes ſhould run in the Kings Name in Eccleſiaſtical-Courts, if they be (indeed) his Courts, as are the Temporal-Courts, and kept in his name; and not in the name of a Commiſſary, Official, or I know not who; If (I ſay) they be the Kings-Courts, and he the Supream Head Eccleſiaſtical, however the Pope has formerly uſurp't.

What a fine thing it is to have the Kings Subjects run and ride forty or fifty miles from their Houſes, their Trades and their Families, upon the Summons of a Commiſſary, in his own name, which is none of the beſt names neither, (ſometimes) however ſome names (abſtracted from the quality of ſome that may happen to wear them) may by accident become Scandalous and Odious.

Ravilliack Murther'd His Majeſties great Grandfather Hen. 4. the French-King, And in deteſtation or that villanous, treacherous, King-killing Fact, the Loyalty, Wiſdom, Justice and Piety of France, enacted that the Houſe wherein the Villian was born ſhould be made a Dunghil, never to be rebuilt, but (as • ocurſed ground) layd waſte; his Father and Mother for ever baniſht, and all of the name of Ravilliack to change that King-killing name for ſome other, and a better: So ſacred are the perſons of Kings, that they are not to be toucht in bloody earneſt, without an eternal ſtigmatize and brand ſet upon the Prophane A tempt to all Poſterity; Nay, Jolm Scotus loſt himſelf becauſe he would not looſe his Jest, when the French King ſitting on the one ſide of the Table; and Du •• Scotus on the other) the King askt him merrily what was the difference between a Scot and a So • ? Scotus bluntly anſwered, The Table. If it be dangerous to play at •• yles with Princes, 'tis eternally mortal to play at Sharp's. And therefore I wiſh with all my heart too, that His Majeſties Royal Anceſtor the ſtout King Richard the ſecond, had not been baſely, cowardly, and treacherouſly Murther'd with a Back-ſtroke by an Exton; And if it had been in France, I doubt not but the Loyalty, Piety and Prudence of the French-men would have exterminated (not all the men that were called Exton) But in horrour and detestation of King-killing namely they would have ſo abbominated that King-killing name (as they did Rabilliacks) that they would have oblitterated it to all Poſterity, and have made all the Exton • in the Kingdom. change that King-killing Name for a better; that the loathed-name might (like a hateful S • uff) be put out and extinct to all Poſterity:

But, if in contempt of that Royal Statute, of 1 Edw. 6. 2. and in defyance of the reaſon of that Statute, The Kings Subjects ſhould happen to be cited in any ſuch untoward King-killing name, and then be proſecuted, till they have ſatisfied and paid, the onſequence cannot but be the more ungrateful, for that (once deſervedly odious) name, eſpecially ſince the 1 Edw. 6. 2 commands all Proceſſes Eccleſiaſtical to be (all the reaſon in the World) in the Kinge name, the Eccleſiaſtical-Head as well as the Temporal-Head.

And if the Prelates, and Eccleſiaſtical-men ſhould not as induſtriouſly endeavour all manner of Legal wayes to advance and a •• w the Kings Prerogative Royal as much as Lay-men, then they are very ungrateful, and ill deſerve the Bounty ſo Gracious a King has confer'd ſo liberally upon them.

If this Statute has been long (I know not by what Arts, and yet I do tooknow in part why it has be • n huſht aſleep, and Scandal and Inconveniences may enſue, by its awakened vertue and force; the mo • re ſhame for them that have been the true cauſes and Authors of ſo grand a Scandal and Inconveniences: lay the Scandal at the right door; Scandals and Offences will co • e (ſays our Saviour) but wo be to them by whom they come. Now is there any Scandal or Inconveniences ſo great but the King and Parliament can readily avoid them, or compound them; and remedy them.

CHAP. XII.

YEt can I not deny but that all Parliaments (ſince the Reformation) have been ſo Jealous of the Exor • itant Power of Church-men (finding by woful Experience in the late High-Commiſſion-Court granted by 1. Eliz. 1. what Ruefull Work was made) that they fetcht it down (with as much Celerity as they could) and by the ſame Statute (that repealed it) have branded it to Poſterity; ſaving 17 Car. 1. 11▪ That it • e • ded to the great wrong (mark that) and Oppreſſion of the Kings Subjects &c. And though ſome men never had greater Hopes of Regaining that unhappy Power or ſome-what alike it, then by the long Parliament (faiſ • called) The Pentioner • Parliament (for though there might be Judaſſes amongſt them, yet as to the Major part of them never were there Wiſer nor Truer Engliſh-men) All that they could gain (by 13 Car. 2. 12.) was onely to place their Eccleſiaſtical Courts in Statu quo, juſt as they were in 1639. without the Addition of any new power or any new Confirmation of them, but left their foundation as Tottering as they found it, before the troubles commen • 't.

And truly they were, (with the fruſtration) ſo dejected, that no People were more ſcorned and neglected, and Indicted for their Extortions and Oppreſſions; And yet, for many years, the Regiſters with a little Cypher at his Elbow or over his head called a Surrogate, ſcrap't up a poor untoward living ſometimes, catching what they could, with as Little Noiſe as they could:

But, now, with Contrary Politicks (how wiſely? let them look to it) they have grown ſo buſy with the Kings Subjects, torturing their Souls, Purſes, Liberties, and Eſtates, by their Citations in their own names, Certificavits, and Significavits, in their own Names, which ought (by the 1 Edw. 6. 2.) to have been under the Seal and in the Name of the Kings-Majeſty, and then upon ſuch Significavits (not ſealed with the Kings Seal) have got the Writ de Excommunicato Capiendo, and then what Gratefull Works they made for the Jaylors, and Bum-bayliffes, is ſo notorious, that no man can wonder that men are deſervedly rowzed to Examine their Frame and Conſtitutions, and pry whether all be right within, when ſuch ghaſtly ruines appear abroad, that who can Imagine that the good God ever gave them Commiſſion to make havock of mens Souls, Liberties, and Eſtates; The Keys of Excommunication ſeldom opening any thing ſo ſoon as a Jayl-Door, whence by the other Croſs-Key of Abſolution they were never delivered, without Money, money.

Nor is it for Church-men to Vapour long with Goſpel-Ordinances, when inſtead of uſing them for Spiritual-ends, they abuſe them to vile, baſe, and Sordid Deſigns, to fill their Pockets, and wreak their Malice. This Rapine in the Sons of Eli prov'd the Ruine of his houſe, for thoſe alone that Honour God he will Honour, but thoſe that deſpiſe, him ſhall be lightly eſteemed.

And how truly this threathing has been verifyed upon the Eccleſiaſticals, let any man ſpeak his Conſcience, & ſay, whether any ſort of People in the Kingdom have been ſo contemned and lightly eſteemed as they.

Not, but that, Contempt may happen to good men, and the Scorner • be in the fault; but when the light Eſteem is grounded upon the Avarice, Pride, Idleneſs, Extortion, Malice, and Oppreſſion of Church-men, it looks certainly like Digi • us Dei, the juſt Judgment of Almighty God.

But if both King and ſome Houſes of Parliament (once) did not like the Act for Uniformity, what Wiſdom is it for men to be ſo fierce for the Letter of the Law? which yet I wiſh all men did obey, (as well as my ſelf) whilſt it is a Law; yet is it pleaſing either to God or man, to knock mens brains out becauſe they are blind or pur-blind, and will not go to Heaven along with us in our way?

A thouſand wayes there are to Church and to Heaven, as there are a Thouſand lines from the Circumference to the Centre; and a thouſand wayes to London: I wiſh all men went my way, becauſe it is the neareſt Way I know, but if they will not, let them go their own, in Gods Name, way ſhould we quarrel about the matter? If God and Nature would have had us Ʋniform, We had all been made alike, of one Stature, Size, and Complexion; but God and Nature ſeems ſo to delight in Variety, that there are ſcarcely any two things in the World Uniform: Nay, we Prelats our ſelves are neither Ʋniform amongſt our ſelves, nor Ʋniform according to the Act, as I have ſufficiently prov'd in—The Black Non-con-formſts; ſetting up and Obſerving Ceremonies that God never made, nor (yet) our ſo Celebrated Act for Ʋniformity: where's the Juſtice and Honeſty to puniſh one Non-Con-Formiſt, and let another Eſcape Scot-free? One Prelate ſets Candles upon the Altar, another ſets none; one Prelate bowes to the very ground where and when another, ſtands up, as right as a dart; one Church Celebrates with all ſorts of Muſick, another with none at all. One Church Sings their Prayers, another reads them; one reads the Communion Service in the Desk, another at the Altar; one Prays before Sermon, another only bids men pray; one Reads his own Notes, another reads a Homely, another has it Memorit • r; one wears a Surplice only, another a Surplice and Hood, another neither of them; and 40 more ſuch Inſtances. Now when theſe men diſſent ſo from the Act of Uniformity, and are Diſſenters alſo one from another, Are ye not Partial in your ſelves to prefer one Diſſenter, and Jayl the other? Wo be to them that keep falſe Meaſures and Scales, and Ballancies of deceitful weight, one to buy by, and another to ſell by. The Prelates indeed have gained the Aſcendant upon the Affections of the three laſt Kings (which no man envyes, if they make good uſe of it, and Legal uſe) Their Influence too has not boen confined to White-Hall, but has reach't Weſtminſter-Hall (I know it, God knows) but yet, their Influence ſeldom reach •• o effectually (Further Weſt) in the two Houſes, as to gain over much of them there, in my Remembrance, or if they did, Chronicles are ſilent therein.

How therefore they now (of late) or why In Nomine Domini, or with what Policy they grow ſo violent, I cannot Imagine; for if the 1 Edw. 6. 2. be in Force (of which to me there ſeems not the leaſt doubt) I think we are in a fine Pickle, lyable to every mans Action whom we have Illegally vext, and damnified, and Impriſoned, through our Significavits in our own Nemes; nay, indeed, as I ſaid, what Puniſhment can equal the Merit of ſuch Miſchiefs? ſuch Epidemical and national Mischiefs? Though I doubt not but this little react will ſo clip our nails, that we ſhall ſcarce venture to ſcratch terribly hereafter.

And truly I think, and I would ſay it too (but that it is Immodeſty to commend my own Modeſty) that I have handled them here as Tenderly and Gingerly as if I had gone about to draw the great aking Tooth of the Nation.

ERRATA.

PAge 1. line 27. for Summer Read Sumner. p. • . 1. 8. for Spiritualia. R. ad Spiritualia. p. 3 L. 17. for judiciouſly R. ingenuouſly—p. • . l. 51. for-By Partially, Timidity, R. They declare the Kings-Laws; by p. 4. L. 14. for Angeryr. R. Ayery. p. 4. l. 2 • . for Emblemiſhments. R. Embelliſhment. With many other.

CHAP. XIII.

To which I anſwer briefly that it is undenyably true;

1. THat All Laws of England muſt either be made or Confirmed by the Legiſlative-power; and if they be not ſo made (as are the Statutes) or Confirmed (as is part (and but part) of the Common-law and Canon-law) by Statutes made by the Legiſlative-power, they are not Laws of England, and then cannot oblige the Subjects to Obedience.

For our King is our Liege (or Legal) Lord, and we are his liege (or Loyal (that is) legal Subjects) becauſe the Laws direct his Precepts, and our Obedience and Duty.

2. All the Canon-laws and Conſtitutions, whether Synodical or Provincial are now Statute-law (by 25 H. 8. 19.) ſo that they be not contrary to the Laws of the Land.

Hence it follows, that all Canons made ſince 25 H. 8. 19. and not made nor Confirmed by Parliament are not by this rule the Laws of England, and conſequently require not our Obedience thereunto for that reaſon, whatever other reaſon there may be.

For the Executive-power of the Laws is in the King alone, but it has been accounted Treaſon againſt the fundamental Laws of our Kingdom and Common-wealth, to aſſert that the Legiſlative-power is in the King alone.

If it were, he needs no Parliaments when he has a mind to any Money, nor needs a Parliament to repeal a Statute, if he could do it without them.

But his Will, Goodneſs, Juſtice, and Oath, and Declarations do promiſe us the continuance of his Rule and Reign according to Law: And when by the King's Declaration of Indulgence he ſuſpended the Statute, we were in a moſt uncertain Condition, not knowing what to truſt to, having (according to his Royal word from Breda) liberty of Conſcience (and by the Indulgence) one day, and loſt the next; when the Act took place again, I ſay again; Then,

In nomine Domini then, how come we Eccleſiaſticals to Command and exact of our Inferiours Canonical Obedience to Canons neither made nor confirmed by the Legiſlative-power? but none were (ſince 25 H. 8.) ſo made nor confirmed. By what Law can we exact of the Clergy, then, an Oath of Canonical Obedience to thoſe Canons that are not Leges Angliae, the Laws of the Land? and command likewiſe and admoniſh the Layety to Subſcribe the three Canons (that vouches their Hierarchy and Dominion by Archbiſhops, Deans, Arch-deacons, &c.) to be conſonant to the Word of God, when the Word of God has not ſuch a Word in it, (as Archbiſhops, Archdeacons, Commiſſaries, &c.) not a word on't; and this under pain of Excommunication, and a worſe turn (as ſome think) the Gaol; theſe are brave doings the while.

When poor Clergy-men muſt Swear Canonical Obedience, elſe we will not Inſtitute them to a Living, and then they muſt Starve and Dye; for Thraſh they may not, Farm and Trade they may not, being Spiritual-perſons, if they Begg they'l be Whipt, if they Steal they'l be Hang'd, (for all the benefit of their Clergy,) and if they take a blind Oath of Canonical Obedience, and yet do not know what is Canonical Obedience, they muſt be Forſworn; as much as when they Swear the Oath againſt Symony, and Obedience to the Canons in force, and yet exact Money for Baptizings, Burials, Marriages, &c. all which are contrary to the Canons whereunto they Swear Obedience, (Poor-hearts!) but few of them (ſurely) know thoſe Canons, or know what they Swear to, for if they did, they durſt not (ſurely) break their Oaths every day.

Canonica Obedientia (ſayes Linwood) eſt Obedientia ſecundum exigentiam Canonum; Canonical Obedience is Obedience according to the Canons, (meaning) the Canons in force.

Thoſe that are not made nor confirm'd by Act of Parliament are not Laws, nor are we Sworn to Obedience to them; but thoſe made before 25 H. 8. we muſt obey, (if they be not contrary to the Laws of the Land,) or be Forſworn, let me tell you, (friends mine!)

Now, it is not contrary to the Laws of the Land, though a Biſhop take no Money for Letters of Orders, Inſtitutions, &c. or if Miniſters Marry, Baptize, or Bury People without exacting Money, but on the contrary very pleaſing to the Law, which has provided Glebes, Tythes and Offerings for the nonce to pay us once for all.

Oh! What a Cage of unclean Birds are we, from top to bottom? unclean, Lindwood. Provinc. l. 5. Tit. 2. de Simonia. unclean! Firmiter Inhibemus, ne cuiquam pro aliquâ pecuniâ denegetur, Sepultura, vel Baptiſmus, vel aliquod Sacramentum Eccleſiaſticum, vel etiam Matrimonium contrahendum Impediatur; we firmly enjoin, that neither Burial, Baptiſm, Matrimony, nor any Eccleſiaſtical holy Duty, or Sacrament, be denyed to any man, though he will not give a farthing for them.

And Lyndwood ſayes, upon the Text and Gloſs, nothing ought to be demandedLynd. ibid. verb. ſepultura. or required for Burial in holy ground, whether in the Church or Church-yard, neither for the Ground, nor for reading the Office of Burial, the Benefice being enjoyed therefore by the Incumbent; for the Tythefleece is given to the Shepherd for his hire, in full. And, if the Prieſt refuſe to Baptize any Infant, or one of Age, except he give Money, the Sin be upon him, but the Party deſiring it, though he dye Unbaptized, ſhallLynd. ibid. verb. Baptiſmus. have the benefit of the Baptiſm of the Spirit, though he want Water-baptiſm; Nullo modo deberet pro Baptiſmo pretium dare, ſed potius abſque Baptiſmo Fluminis decedere; ſuppleretur enim ei ex Baptſmo Flaminis quod ex Sacramento Concil. Pau. Anglicum, Anno 1236. Tit. 4. deeſſet; men ought rather to want Water-baptiſme than give ſo much as a penny for it, becauſe it is Symony (ſayes Lyndwood) both in the Buyer and in the Seller; how thriving a Trade does this Law ſpoyl? except men will perſiſt in Perjury, breaking their Oath of Canonical Obedience, in exacting Money for Baptſm, Burials, or Marriages, of which laſt, (Matrimony)Lyndw. ibid. verb. impediatur. the Eccleſiaſtical fellows drive a very ſubtle Trade; Oaths are but Oaths they think ſurely.

Dare vel recipere aliquod temporale pro ſpirituali Symoniacum eſt; ſive detur pro Sacramento, ſive pro Officio, ſive pro Oratione, ſecundum quod ly pro notat Apprecationem. Lyndwood. Provinc. l. 5. Tit. 2. cap. Praeterea venalitatem. Verb. Triennalibus.

It is Symony either to give or receive any temporal Commodity for a ſpiritual commodity; whether for the Sacrament, or for the Office, or for the Prayers, by way of contract, bargain and ſale.

It is Symony to exact Money for Sins; nam Deus Omnipotens, cujus omnia ſunt, pretium quodlibet pro delicto non accipit; for Almighty God takes not any Money for Pardon of Sins; nec pecunia recipiatur a ſubditis pro Crimine vel delicto notorio; let no man dare to receive Money of their Inferiours for Crimes or Offences, be they never ſo notorious.

It is Symony for a Biſhop to take above Six pence for Ordination, (whichConſtitut. extrava. Londini. Oct. 10. Anno Dom. 1342. Joh. Stratford. Archi. Cant. Six pence goes to the Secretary or Regiſter for Wax, Parchment,) or to take above Twelve pence for Inſtitution, Induction, Certificates and all; and againſt the Oath of Canonical Obedience; Lord forgive us, what will become of us?

For, ſicut non decet Epiſcopum manûs Impoſitionem vendere, ita nec notarium, nec ministrum eorundem, nec calamum, nec ministrium venundare; ſayes the Canon, as a Biſhop ſhould not ſell Letters of Orders, ſo neither ſhould his Secretary, Regiſters, or Servants ſell Quills, or Parchments, Pens, Inke or Wax.

Nam ordinarii ſuis tenentur miniſtris ſtipendia conſtituere, quibus debent merito contentari; pro ſigillatione literarum, aut mareſchallis pro Introitu, ſeu Janitoribus, Hoſtiariis, vel barbito uſeribus, &c.

For the Ordinaries ought to pay their Servants their Wages to their content, and not make poor Prieſts (when they come to their Biſhop for Ordination, or to other Prelates, like my ſelf for Inſtitution, Collation, Induction,) pay the Porter to let them in, and pay the Porter before they get out; neither (alſo) to pay the Biſhops Grooms, Butlers, Barbers, &c.

It is againſt the Oath of Canonical Obedience to remove from a poorCan. Concil. Nicen. general. Vicaridge to a rich Rectory, or a poor Biſhoprick to a bigger and better, (that is) a richer. (God forgive us!)

It is againſt the Canons in force, if Biſhops and Prieſts have not Shaven Crowns, as the Popiſh Biſhops and Prieſts have; for the Canons that enjoyn it are in force, becauſe not contrary to the Laws of the Land, though a Biſhop or Prieſt be ſhaved as bald as the back of my hand; nay, it is ſuſpenſion ab Officio for ſix Months to wear long Hair, or a long Beard, orConcil. Londini in Eccleſ. Sanct. Pauli. Anno 1342. Conſtitut. Concil. Londin. pau-Anglicum. Ann • 1236. Titui. 13. & Pendules at the Ears, or not having a Shaven crown, or Rings on their Fingers, &c. and if they perſiſt in ſuch uncanonical Deportment, they ought to loſe their Benefices 'till they repent, and then not to be abſolv'd 'till they have given the ſixth part of the Profits of them to the Poor.

It is againſt the Canons for a Prieſt to marry a Widdow, or being a Widdower to marry a ſecond Wife, and againſt the Law of God too, if bigamus ſound as much as the Husband of more than one Wife; and alſo the Wife of more than one Husband: And ſuch ought to be degraded and deprived by the Canon Law that have Married a Widdow, there areConcil. Anglic. Lond. 52. Hen. 3. Anno 1268. Tit. 5. Conc. Pau. Anglic. 1236 Tit. Coke in Articul. Cler. cap. 9. Maids enow, what need have Prieſts to be bigamus?

It is againſt the Canons for one Prieſt to take another Prieſts Goods or Money from him, of which even our Statute-law is ſo tender, that it is not lawful for a Sheriff or Bayliff to take or Diſtrain a Clergy-man's Goods out of his Parſonage-houſe for Debt, in other places he may, but not in the ancient Eccleſiaſtical Indowments.

Thus careful has the Laws been, that Clergy-men ſhould not be (like Pikes and Sharkes) the greater ſwallowing up the leſſer Fry; little things would live, though they be not great, nor fat, nor overgrown, and as careful alſo to keep the Layity from their Covetous gripes, in not being forc't to pay twice, and beſides Tithes, to pay alſo for Marriages, Baptizings, Lectures, Burials, (a very ſubtle Trade) no more I hope (though) to be followed for the Oaths ſake, the Oaths againſt Symony, and the Oaths of Canonical Obedience; and I hope all Biſhops alſo will take warning and look after their Potters, Barbers, Secretaries, and Gehazies.

If they do not, they ſhall hear further from me, I'le promiſe them; are not Laws and Oaths ſomething? Ha! let me hear no more on't, no, not at a Viſitation, I would wiſh them for their own ſakes, and for Conſcience-ſake, and for the ſake of the Oaths of Canonical Obedience, and that ſmall Oath againſt Symony, and alſo if they pleaſe (I'le adde) for their own Souls ſake, and for the Shame of the World and Speech of People; that are apt enough to make or find holes in a Canonical Coat; they ſhall not need to make any, I have ſhewn enow in all Conſcience; and the Miſchief is, 'tis true too, no body can deny it; bleſſed be God that his Mercy is infinite, or elſe what would become of us Clergy-men above all others? whether poor Clergy or rich Clergy; whether thoſe that are lyable to a Gaol, or thoſe that are above a Gaol, lyable to an Excommunication, or amici curiae, and above it; whether ſuch as may be Anathematiz'd, Gaol'd and Curſt; or ſuch as do Anathematize others; all of us have need to begg abſolution of God and the People, ſo much offended and abus'd by us, contrary to our Oaths, our Conſciences, and our own dear Canon-laws, with which we Benchers do ſo thunder upon the Laity, and the ſmall, poor, pitiful and inferiour Clergy-men, Vicars, Curates, Journey-men, and Day-labourers.

If the World be ſuffer'd to go on at this rate, they'l not know how to diſtinguiſh and know the difference, betwixt a rich Prelate, and a Small-day-labouring Journey-man; is it not a general Scandal. Magnat—? a very great Scandal certainly.—I wiſh with all my heart the Poll had gone on, (which the Biſhops ſet a foot—) that every Clergy-man ſhould certifie the Cons and the Non-cons in every Pariſh: The Non-cons are Shrubs and pitiful fellows, and but few to us; we think beſides, the Prelates ſay that they have the Gift of God by laying on of hands to Ordain, Inſtitute, &c. be it ſo. And Miniſters pretend, that they (by Ordination) have got the Gift of God, the Gift of Praying, Preaching, Baptizing, and administring the other Sacrament, &c. Be it ſo too.

And both Prelates and Miniſters we (all) Swear and take the Oath againſt Symony, and Oath of Canonical Obedience.

The merciful God forgive us all? what will become of us that ſhould be Guides?

'Tis Symony to give Money for a Living; 'tis Smock-ſymony to truckle to a known Whore, pimping for her favour, to give a man a lift into the—I charge no man with theſe kinds of Symony.

But the ſin of Simon Magus is to make a Money-buſineſs of the Gifts of God, in Letters of Orders, Inſtitutions, Prayers, Reading, Lecturing, Baptizing, &c.

Baptize my Child; quantum mihi dabitis? ſaith Judas, then what will you give me, ſayes the Symoniſt? Ordain me; yea, but pay my Secretary, my Regiſter, my Porter, and the Groom of my Chamber; give me my Letters of Orders again at a Viſitation, I have paid for them once, Mr. Simon, quantum dabitis? pay the Secretary and take them.

Give us a Sermon, Parſon; quantum dabitis? ſayes Simon, what will you give me and I'le be your Lecturer?

Read Prayers for me, little Curate; (ſayes the Scarlet Doctor,) quantum dabis? ſayes Simon, what will you give me to do your Drudgery? come Doctor, you may afford it; for you are better paid for ſleeping than I for Praying, and would you have a man Pray for nothing, whilſt you get ſo much, for Praying but little or not at all! quantum dabis? ſhall I work and Pray by the day, by the week, or by the Year? yet we all Swear the Oath againſt Symony, God forgive us, What will become of us?

Church of England do we call our ſelves? if we that call our ſelves Church, and yet Crack Oaths like Nuts, and are ſo wicked, ſurely then the Layity are ſad Souls.

CHAP. XIV.

AND yet as wretched as we are, and at what looſe lock ſoever we Lye or Swear, hand over head, no Parliament (ſince 25 H. 8.) ever heeded our Canons ſo much as to reform them.

The 25 H. 8. 19. ſeems to be deſign'd for a temporary Act only and a Probationer, to laſt only till 32 perſons had ſelected the choice Canons out of the great heap of Rubbiſh; but in ſuch a confuſed, fusty, frivolous and ſelf-confounding Lump, the Commiſſioners were at a loſs where to make their choice, or elſe thought none of them worth chuſing, and ſo threw all aſide.

Nor has any Engliſh Parliament regarded our looſe condition, ſo much as to take the Canons into conſideration, containing ſuch a Gallowmawfrey.

Yet, we muſt Swear, and Swear Canonical Obedience, and never a man in England (ſcarcely can or dares affirm what Canons we Swear Obedience to; or which (alone) are in force: Oh feeble and frail condition of Church-men! the poor Church-men! for the rich there's no Praying for them, I mean, No need of Praying for them but by the Common-prayer-book; you may truſt them, they'l ſhift well enough in this World, I'le warrant you, let them alone to ſecure themſelves, and enrich themſelves too; yet I cannot deny but Poverty and Self-denyal, Humility and taking up the Croſs, was as neceſſary an accompliſhment and qualification of a Diſciple of Chriſt, and Succeſſor of the Apoſtles; as was any other Grace; and if it be (as indeed it is) a qualification, ſomebody takes as ready a courſe as can be to qualifie me.

But what do you tell us of Poverty? 'tis as diſpleaſing to us, as is the Statute of 1 Edw. 6. 2.

Nor, do not you tell us of Symony neither, nor of taking Money for Ordinations, Inſtitutions, &c.

Of which the Price is riſen in ſome Dioceſſes, ſince I was Inſtituted almoſt half in half, it coſt me not above eight or ten pounds to be Inſtituted, Inducted, and Ordain'd into the bargain; but now the Price they ſay is almoſt doubled, the Gift of God gives twice as much, not to the Biſhop himſelf, no, for his Servants, Secretary, Groom, Varlet de Chambre, Regiſter, Porter, &c. takes the Money.

The Lord keeper Bacon was Condemn'd for Bribery, and moſt justly was turn'd out of his place, and the Broad Seal taken from him, yet the neither lov'd Money, (no, he lov'd it not ſo much as he ought, his great Soul was ſo far above it, that he took no care for neceſſary Proviſion, dying in a Garret, chiefly for want) nor did he ever take a Bribe in his life.

But his Servants did, and he conniv'd; even ſo, &c. Away with it, for ſhame! thy Money periſh with thee, (ſaid Simon Peter to Simon Magus) for thou art in the gall of Bitterneſs and bond of Iniquity, and haſt neither part nor lot in this matter, for thine heart is not right in the ſight of God.

But, beſides the Symony, what can be ſaid to the frequent breach of the Oath of Canonical Obedience, which alſo is daily broke by extorting Money, and ſelling Prayers, Ordinations, Institutions, Lectures, Sermons, Baptizings, &c. Here's rottenneſs all over.

Beſides alſo many Inhumanities, Vexations, Extortions, Impriſonments, Grievances and Oppreſſions that have (within theſe thouſand years) been uſed in Spiritual Courts, are againſt the Law of Nature, and not the leaſt colour of them in the Law of God, and ſome point blanck againſt the law of the Land.

Was there ever the like known, that men ſhould not fear to trample the Sacred Laws under their foot, if they make against them, and at the ſame time hale in each Tittle of the letter of the Law againſt Diſſenters, when there is ſo much Diſſention amongſt themſelves, ſo little Congruity or conformity either to one another, or to the Act of Ʋniformity.

But the ſin is greater when Holy Ordinances and Holy Keyes become Snares to catch away mens Liberties in civil matters, and will be an addition heaped up and running over, that a man would wonder how it is poſſible for ſo much rottenneſs and corruption (when it happens) ſhould ſubſiſt.

A Bulwark against Popery ſome men talk of; go make a Bulwark of nothing but rottenneſs, and tell me what it is good for, eſpecially if the rottenneſs and corruption is of the ſame nature with that Popiſh filth that was brought from Rome by Augustine, that vileſt of Monks, as aforeſaid.

CHAP. XV.

A Bulwark (quoth he) and Court-christian. Coke in circumſp. agatis Inſt. l. 2. p. 488. Court-chriſtian was ſo called (ſayes Coke) becauſe That as in the ſecular Courts the Kings Laws do ſway and decide Cauſes, ſo in Eccleſiaſtical Courts the Laws of Chriſt ſhould (ſhould, that was well put in) rule and direct; for which cauſe the Judges in thoſe Courts are Divines, (Ay, we are fine Divines,) as Archbiſhops, Commiſſaries, Deans, Archdeacons, &c. (A very ſpecial Christian Regiment, of which not one ſuch name is found in the holy Muſter-roll of Scripture) Linwood ſayes, Curia chriſtianitis in quâ ſervantur Leges Chriſti; Court-chriſtian ſo called, becauſe in it is obſerv'd the Laws of Christ, whereas in the Kings Courts are obſerved the Laws of the World: (Optime opponis Domine!) the Kings Laws, the Kings Courts ſet in diſtinction, and diametrically oppoſite to the Laws of Christ, and Court-christian; I profeſs the King and his Courts are ſtrangely beholden to us: Laws of the World, (quoth he) yea, but Laws Eccleſiaſtical they call the Laws of Christ, our Courts-Christian, forſooth!) in diſtinction from the Kings Courts; our ſelves Divines, in diſtinction from earthly Lay-men that mind the World and worldly things; our ſelves Spiritual perſons in diſtinction from the carnal Layety; and our Courts Spiritual Courts in diſtinction from the worldly Kings Courts.

Well, I commend them for giving themſelves and us a good name, and a good word, becoming our own Trumpets to commend our ſelves; for if we did not, who ſtrives to do it? the Papiſts (indeed) were barbarouſly Inhumane Soul-ſellers, Cruel, Revengeful, Miſchievous, conſtant Friends to the Devil and the Gaol, but had the Law of the Land on their ſide for their black deeds: But ſome men Oppreſs, Extort Money for Gods Gifts, Illegal Fees, in high and open Contempt of the known Laws of the Land, and in defiance of their own Oaths againſt Symony, and their Oaths of Canonical Obedience.

And moreover, if the 1 Edw. 6. 2. (being the laſt Statute that ever was revived concerning Biſhop-making and Eccleſiaſtical-Court-keeping) be in force, (as I doubt not in the leaſt that any body will deny) then to all wickedneſs is added the greateſt Inſolence, Scandal, and daring Triumph over the Laws, that ever any Chronicle does mention or record.

CHAP. XVI.

AND Bleſſed be God that has in his Providence ſo order'd it, that out of the Eater is come forth Meat, and out of the Strong ſweetneſs to me, through the Strength, Intereſt, Malice and Power of my Adverſary.

A Power, that by bereaving me of my capacity of being a States miniſter, or receiving the States pay, has thereby not only given me leiſure and occaſion, (Oh deep Polititians!) not only to pry into their Conſtitution, and obſerve their Motions, but alſo has thereby emancipated my Judgment, and knockt off thoſe Shackles wherewith it might happen to be feterr'd, byas't, warpt or bended the wrong way, through Self-ends or private Reſpects; Intereſt too frequently Bribing, and conſequently Blindfolding the Judgment, that it cannot diſcern light from darkneſs; nor can I deny but that in compoſing this little Treatiſe, I have had more than ordinary help and aſſiſtance Divine, to diſcern further (and yet undeniably true) into the Validity and force of this ſo needful Statute, (ſo long deſpiſed) by men that talk much of the Kings Prerogative, when it ſerves their own ends.

To which alſo (I cannot ſay but) they might the rather be inclin'd by the Lord Coke; but whether they wrought him to it, or he them, 'tis not a pin matter: Ignorantia craſſa non excuſat.

For, As it is moſt certain, that an after-Statute vacates and makes voyd all precedent Statutes that are contrary thereunto:

And as it is alſo as certain as that every child is younger than its father the author of its life, and every effect junior to its cauſe, ſo (alſo) certain it is that this Revived Statute muſt date its life and force from 1 Jacob. and therefore vacates 1 Eliz. 1. 25 H. 8. 20. 1 Mar. 2. & 1 & 2 Phil. Mar. 8. and all other Statutes that make Biſhops of any other faſhion, or ſend Writs and Proceſſes in any other name, than that Statute does direct and enjoyn.

And though this Argument alone unfetters it from Coke's threefold Cord wherewith he endeavours to bind it down; yet 'tis ex abundanti; and more than needs.

For his ſecond Cord is untyed and looſed by ſaying (as aforeſaid) that It is Impoſſible any Law ſhould aim at the doing any thing which is Impoſſible to be the aim and mind of the Legiſlators:

But it is Impoſſible that the repeal of 1 Edw. 6. 2. could be the mind of the Legiſlators; becauſe there was no ſuch Statute in being, to offend them, or to need their repeal. And beſides the 1 & 2 Phil. & Mar. 2. is not contrary to 1 Edw. 6. 2.

For though they may be diverſe, they are not contrary, but may very well ſubſiſt together; For the Pope may keep his Supremacy though Proceſſes Eccleſiaſtical did run in the Kings Name; As well as the King may keep his Supremacy though Proceſſes Eccleſiaſtical run in Doctor Exton's name, or Pinfolds name.

Therefore it was below the Ingenuity of the learned Coke to mention ſuch a frivolous Cord that is ſo eaſily broken.

The third Cord ſeems the ſtrongeſt as to the repeal of the firſt branch of 1. Edw. 6. 2. though it is very idle and inſignificant as to the other branch of the Statute, concerning keeping Eccleſiaſtical Courts in the Kings name:

For 25 H. 8. 20 only allows Proceſſes Eccleſiaſtical as heretofore uſed. &c. ſo that they be not contrary to the Laws of the Land: Wherefore here is apparently Petitio principii, and the Learned Coke firſt prevaricates in reciting the Statute, and yet leaves out the material words that limit it; well knowing that otherwiſe this fallacy would be diſcern'd in begging the Queſtion.

For he would prove Proceſſes Eccleſiaſtical (uſed as in Popiſh times) to be legal by 25 H. 8. 20. ſo that ſuch Proceſſes be not contrary to the Law of the Land: Taking it for granted that 1 Edw. c. 2. is not the Law of the Land; quod reſtat probandum: He clearly begs the Queſtion, taking that for granted, which is the point in controverſie, and which he ought to prove by other mediums than what is in 25 H. 8. 20. becauſe that Statute authorizes no Proceſſes but what are according to Law, and therefore much leſs can it make any Law voyd, or be a cord to bind that wherewith its ſelf is limited, bound and confined.

I know he ſets up the 1 Eliz. 1. (like a Shrove-tide Top) only that he may play at it and throw it down; but we need not fly to 1 Eliz. 1. there's no occaſion for its repeal of 1 & 2 Phil. & Marry 8. (as to this particular) yet it does repeal it.

The firſt and ſtrongeſt and onely Cord that he confeſſes did bind it, was but, only temporary, during its own force, and whileſt it had ſtrength; for how could it bind any thing (any) longer than its own power and vigour laſted? But 1 Edw. 6. 2. reviving as he confeſſes by 1 Jacob. (except it have been repealed ſince primo Jacobi,) It ſeems without further queſtion or controverſie to be in force.

And above all, (which accurate Lord Coke never mentions, and would not (at leaſt did not) think of) he needs no other arguments to defeat his own three cords, but his own arguments onely turning the poynts of them againſt himſelf: For if an after-Act ſhall vacate all former Acts that are contrary to it; and if the Life of 25 H. 8. 20. ſhall be accounted an after-Act to 1 Edw. 6. 2. (though its first life was before it) bearing date only from 1 Eliz. 1. the author and cauſe of its preſent life and motion, which is (alſo) as true as that cauſa est prior effectu.

So alſo, by the ſame reaſon muſt 1 Edw. 6. 2. be an after-Act to 1 Eliz. 1. 1 & 2 Phil. & Mar. 8. 1 Mar. 2. & 25 H. 8. 20. bearing date primo Jacobi, the Author and cauſe of its preſent life and motion; and therefore muſt make them null and void in every thing that is contrary to 1 Edw. 6. 2. revived 1 Jacob.

And if this can be anſwered by all the men in England, I will for ever hereafter throw away my Pen, and forfeit my Reaſon to the Maſter of New Bethlehem: And (indeed) that is the fitteſt place for me, if the force of this (ſo long-abuſed) Statute be not here made evident to all rational men.

But on the contrary, Bedlam is the fitteſt place for them that have inſolently contemn'd and trampled on this Royal Statute, and thereby brought ſuch a horrible Scandal and Inconvenience, if it be in force.

For if that Statute be in force, how many lawful Biſhops, lawful Prieſts, or lawful Eccleſiaſtical Courts have we in England? But let the great Scandal lye at the right door whereto it belongs, and let them that have been guilty of the ſin, bear alſo the Shame and the blame, and be accountable for ſo great a Scandal, and puniſht accordingly; look to it, the Laws are too hard for all Opponents, whoever they be in concluſion, and at the upſhot; therefore it concerns ſome people to fence with all their force and might, and all to no purpoſe, but their own Confuſion; How can a corrupt Tree bring forth good fruit?

CHAP. XVII.

AND now I have done my buſineſs, and alſo I have done the buſineſs of ſome Eccleſiaſtical men to all intents and purpoſes, ſome will ſay, and have ſhown what ſad fellows they are, though I confeſs ſome of them are my fellows, yet I bluſh for them, and ſhould bluſh more to be ſeen in ſome of their Companies, yet I care not how ſoon (now) I come into their clutches, if their Nails were pair'd ſo ſhort, ſo ſhort.

He that values any thing more than Christ (Chriſt ſayes) is not worthy of him, much more unworthy of him are thoſe that value their Malice and Revenge more than the Propagation of the Goſpel.

'Tis well that God is (and muſt) be just, and therefore there muſt be another day of Reckoning in another World, where Truth ſhall not stand at the Barr and be Arraign'd, whilſt Hipocriſie, Symony, Atheiſme, Debauchery, Cruelty and Diſſimulation ſits on the Bench.

But Gods Will be done, on Earth as it is in Heaven; he beſt knows what is best for us in this Life; nor would I eat of ſome mens dainties to have their Boſoms, Cares, Terrours and Distractions here, though I might be excus'd from paying their Reckoning in another Life.

'Tis true, God hates Hipocriſie, and it will never do a man good in another Life; But in this Life, It is as good as true Religion to ſuch kind of States-men and Machiavilians as make no other uſe of Religion, but in Policy, and to amuze the vulgar.

A Horſe painted in cloath (which is not perſpicuous) is as good as a living-stalking-horſe, to catch Woodcocks that cannot ſee thorow it.

Hypocriſie (then) is good for ſomething, it will ſerve to catch Woodcocks in a State, if it be ſo Substantial that the Woodcocks do not ſee thorow it, but if it be apparently and viſibly Tranſparent, it is uſeleſs and good for nothing in the World, it will not ſerve ſo much as to cheat withall, no more than falſe dice, after they are diſcovered apparently, where and how; even ſo, any Church (though it be not true,) yet if it retain but the face of Religion, and look like Piety to ſee to, it will ſerve well enough in States-policy, where they are indifferent and careleſs for any more than to ſet a good face upon the matter, as at Rome.

But that Church that retains not ſo much as the face of Piety, but that it is a step to Preferment but to pretend to Piety, or look ſoberly and demurely, when the very outſide Hypocritical-mask and Vizard of Religion is quite thrown off and caſt aſide, through palpable and apparent Symony, extorting Money for Gods Gifts, for Ordinations, and for all Goſpel Ordinances, to the daily and conſtant and apparent breach of their Oaths against Symony, and their Oaths of Canonical Obedience, and alſo through their Avarice, Malice and Worldly-mindedneſs, above all other People; Pride, Inſolence and Cruelty above all other People; Formality, Dulneſs and coldneſs in Devotions above all other People; Looſneſs of Converſation, Oppreſſions and Extortions above all other People; fighting againſt their Adverſaries to wreak their Malice, ſerve a turn or State-job, and miſchief mens earthly Liberties with the Keyes of the Church thrown at them, my Friends, in ſuch 〈1 page duplicate〉 〈1 page duplicate〉 a Caſe, the very face of Religion and Vizard-mask of Religion is thereby thrown off, ſo that it is neither uſeful for Heaven nor Earth, neither for God nor the State; it will not ſerve ſo much as to catch Woodcocks.

Hard is their hap that are forc't to follow erroneous Guides and illegal wayes, or upon refuſal to be Anathematiz'd, Gaobd, and then their Liberties, Franchiſes and Purſes taken from them, and without, or againſt Law too.

Nay and worſe, namely, be Anathematiz'd and Curſt by them that have no more Law, no more Commiſſion, no more Power or Authority, neither from God nor man, to Curſe, than had (the falſe Prophet) wicked Balaam to Curſe the People of God.

Sad choyce, to be forc't to loſe Heaven, or elſe Earth, or elſe both.

Good God! that ever men (whoſe Anceſtors baffled the whole Power of France, Scotland, and the Pope united, bringing the French King, and the Scotch King and the Pope captive and Priſoners at the ſame time) ſhould be ſuch a degenerate Brood as to be frighted out of their Wits with Shadows, and out of their Rights, and out of their Conſciences and their Liberties with Illegal Curſes.

Oh! unhappy (of all other) is their fate, that are overwhelm'd with filth, over run with Diſeaſes and old ſpreading Ʋlcers that grow worſe and worſe, and run down with Rottenneſs, and Pierc't, Hackled, Tortur'd and Mangled with dull Tools that are ruſty and corrupted all over.

Let no Catchpole (here) lye at lurch, (for I ſhall have abundance of Readers that deſerve that Name) ſetting themſelves to read this little Book, with no other deſign but (only) to find ſomewhat therein which they can ſo far ſtretch with their Scurvy-teeth as to wire-draw it ſo, as to ſerve their turn to make a Snare of to catch me or my Bookſeller, (ſuch Ingenious Reception do all Attempts towards Truth receive amongſt baſe minds) hoping to beat mine own Weapons about mine own Ears.

But let them let fall their edgleſs Swords, deſpair and dye, though I doubt not but they will lye at catch, and perhaps apply my Metaphors to themſelves, (as the Phariſees did thoſe of our bleſſed Saviour) when cut to the Heart with his keen Parables, they perceived he ſpoke the Parable concerning them, but knew not how to help themſelves: But I, (in all this Metaphorical-diſcourſe) mean not any Religion in particular, nor any Church (by name) whatſoever, except that thin Religion and that ruiuous Church that was huddled up in haſt and built upon Crutches, and the fooliſh Inhabitants had rather it ſhould fall upon their Heads than they will confeſs themſelves Weak-builders, (ſuch is that Pride and pretence to Divinity, that (Lucifer-like) would gladly attempt to be like God, Infallible, as if it were already) diveſted of Humanity, and not ſubject to Errours.

Yet, (I ſay) I mean no Religion, no Church (hereby) but that thredbare (overworn) Religion, and that ghaſtly Church (whereſoever it ſtands in the wide World) whoſe rotten groundſels, crazy Foundation, apparent Dilapidations, and tranſparent guilt Accuſes and Condemns its ſelf, and is obvious to every Paſſenger that does but view it, and caſt his eyes (or a ſerious look) upon it.

For my Pen (how keen and ſharp ſoever ſome buſie Cenſurers have judg'd it to be) ſhall never cut mine own throat, in hopes to ſcratch an Enemy; though (I confeſs) a dull blunt Pen is uſeleſs, and good for nothing, becauſe unfit to write with, ſerving only to blur paper, as good do nothing; yet the acuter any Pen is, the greater dexterity is required in the management and guidance thereof.

It is with Pens, as with other weapons; And Pen-men like Sword-men, they are beſt that give the moſt woundly-ſmart blowes, and thruſt it home upon the adverſe Party, and make their Hearts ake again, ſo they do it cleaverly, fairly, and upon the Square.

The onely skill lies in breaking the Adverſaries head ſo finely and neatly that at the ſame time the nimble Fencer (alſo) guards his own; otherwiſe he loſes the reward as well as the Honour of the Prize he playes: (Miles Chriſti ſecurus interimit, ſecurior interit, ſayes Bernard.)

Yet I know alſo, That there is no fence againſt a flail; and that the greateſt skill (more is the pity) may be over-powred with a dull ſtrong fool, by meer force, power and main ſtrength.

But that is no Diſparagement to Art, nor to the Gentle-craft of fencing, which uſually ſends the ſtrong Clowns away with ſhame and loſs; And, for all their great ſtrength marches the Great Blockheads off with a broken Pate; ſending them home (at length) by weeping-croſs. Great things are done many times by ſmall means, if we conſider that ſingle Shammah (one of Davids Worthyes) withſtood the whole Body of the Philiſtines. Truth and the Lawes may be oppreſt and ſuppreſt a while, but never quite ſubdued; for at length they will be ſtrongeſt, and too hard for any man alive.

The face of things do alter, and do become of another Complexion at low-water-mark, when the dry Land appears, in compariſon of what they ſeem'd when the Tyde run ſtrongly and high; when the flood comes rolling and Tumbling in; the comfort is, it is ſubject to viciſſitude and change, and to ebbe as well as flowe.

For there are three things—namely, The Sun, The Truth, and the Lawes, (all of them of ſo heavenly a nature) that they alwayes ſhine bright in their own Firmament, even when they are moſt beclouded (as ſometimes they are) and Eclyps'd from mortal view:

But (the Beſt on't is) They are alwayes in motion towards their former brightneſs, (as alſo are the Interpoſing clouds, they are fugitive (too) and upon the goe.) So that though for a time they may ſeem dimme and obſcur'd to earthly (and only to earthly) and ſublunary Eyes, yet when the miſts vaniſh, they regain and reſume their wonted ſplendour, nay, look more lovely and beautifull after they have been maskt with a cloud.

The Profeſſion of a Clergy-man is the beſt Profeſſion; the Calling moſt Honourable, the Reward greateſt; But a corrupt or evil Clergy man is the vileſt of Mankind; Corruption of the beſt is worſt of all: For as no man is more honour'd, reverenc'd, or belov'd, than a humble, painfull Miniſter of Chriſt, that ſeeks not his own advancement, but the propagation of Truth, and univerſal good to Mankind; ſo, what Creature more odious than a Clergy-man corrupted with Pride, miſchief, cruelty, malice, revenge, avarice, yea, an inſatiable greedineſs after the world, worldly Honours, worldly Pleaſures, worldly Employments and gain not to be reſtrain'd by the fear of daily Perjury; or taking Gods Name in vain.

As they do, that do not only live in perpetual Perjury againſt their Oaths, but alſo in Perpetual contradiction to their calling, their Profeſſion, their Preaching, and the Name of God or Religion. Thou that Preacheſt againſt pride, avarice, perjury; worldly-mindedneſs, Cruelty, Malice and Revenge, (hold up thy hand!) Art thou Guilty? Well! God ſend thee good deliverance; for thou art in evil handling, and the Devil has got a strong hold of thee; therefore beware all ye that are Miniſters of Chriſt: beware Prelates! Note (by the way) that by Prelates, I mean (what our Canon-Laws mean generally by Prelates; namely) all Clergy-men that have cure of Souls: For which cauſe I have here ſometimes put my ſelf into the number, calling my ſelf—(we Prelates) in good time, as if I was proud of the Title—to be Cock of three; (for not more than three Pariſhes (if I would be miſchievous) are under my Juriſdiction Eccleſiaſtical) and therefore no man in his Wits can think that I have ſo little Wit as to be proud of that I have all along expos'd, and care not one farthing for; much leſs do I call my ſelf Prelate, in hopes to beggar any man that may hap to Scandalize my Hogen-mogen-Eccleſiaſticalſhip; but I call my ſelf Prelate, (as the Canon-law calls me,) namely, Benefic't-Clergyman, for all ſuch are Prelates by Law; not for Prelating (or being preferr'd) one above another, (ſo much condemn'd and ſorbid by our bleſſed Saviour to all his Diſciples) but becauſe they are Preferr'd over the Flock, in the Care, Cure and Charge thereof; and is a name of Burden more than Pride.

So the Canon de Sacramentis Iterandis, vel non—Sacramenta, quorum Lyndwood. Provinc. l. 1. Tit. 7. cap. ignorantia Sacerdotum. ver. Praelati Eccleſiae. Diſpenſatores ſunt Prelati Eccleſiae: Sacraments, the Diſpenſers or Adminiſtrators whereof are the Prelates of the Church: (that is) all Presbyters with cure: ſo ſayes the Gloſſe—Praelati Eccleſiae. Hic vocantur Praelati nedum ſuperiores ut Epiſcopi, ſed etiam inferiores, ut Archidiaconi, Presoyteri Plebani & Rectores Eccleſiarum; (& poſtea) quilibet qui praeeſt curae animarum dicitur eſſe Praelatus, &c.

Prelates, (here called) are not only the high flown, as Biſhops, but the Inferiour-Clergy, as Archdeacons, Countrey-prieſts and Rectors of Churches, and indeed all that have cure of Souls.

And, if theſe lights be darkneſs, how great is that darkneſs? if theſe be corrupt, what a naſty lump it is? how Nauſeous? how Peſtiferous? how Infectious? how Miſchievous? how contrary to the very letter and deſign of the third Commandment, if the Name of God in their Profeſſion, Caliing, Preaching and Prayers, is Blaſphemed by them, daily, by taking it in Vain, through palpable Symony, Perjury, Pride, Avarice, Cruelty, Malice and Revenge?

Therefore the Gloſſe upon the Canon-law, de Officio Archipresbyteri, concerningLyndwood. Provinc. l. 1. Tit. 11. cap. Presbyterorum ver. canes menti. the duty of an Arch-prieſt, does not only call wicked Prelates, greedy Dogs that can never have enough, but ravening Wolves, malus Praelatus aliquando dicitur Lupus rapiens Praedam. (83 di. nihil.) An evil Prelate is ſometimes called a Wolf, ſnatching and devouring his Prey; Quandoque Canis Impudicus; (2 q. 7. qui nec.) ſometimes a naſty Cur, or unclean Dog; Item Corvus; (2 q. 7. non omnis) a meer Rook; Item ſal infatuatum ad nihilem proficiens, (2 q. 7. non omnis) alſo Salt that has loſt its ſavour, and good for nothing in the World but the Dung-hill; meaning perhaps that as in their Lives they ſeem only to be born (fruges conſumere nati) to make Victuals dear, (by eating them up) ſo they are uſeful for nothing but to make muck of, to manure the Land with ſuch filth, and ſo (like Hoggs) they'l be good for ſomething when dead, though good for nothing (but to eat, devour and do Miſchief) whilſt they live; therefore an evil Prelate is call'd a Hog, Porcus, (43 di. in mandat.) Nay, (35 di. Eccleſiae Principes.) an evil Prelate is called a Capon, Capo, quia ſicut capo non cantat, ſic nec malus Praelatus; item non generat nec pugnat pro ſubditis, item ſicut Capo non vocat Gallinas, ſic malus Praelatus non vocat pauperes; item, ſicut Capo ſe impinguat, ſic malus Praelatus, & ideo cùm quaerat epulis & deliciis abundare, ejicietur in ignem inferni: (that is) As a Capon crows not, ſo neither does an evil Prelate lift up his Voice like a Trumpet; neither does he encreaſe and multiply the Brood, nor yet fight for them, but (Craven-like) poſſibly fight with thoſe that are under his charge; alſo as a Capon calls not the Hens about him (chocking them) to feed, ſo neither does an evil Prelate call the Poor. Alſo as a Capon ſats himſelf, ſo does an evil Prelate; and therefore when he thinks of nothing but cramming himſelf with his dainty Morſels, he ſhall be thrown into Hell Fire; and then (for all his Flutter) he makes but a ſad and miſerable Exit.

For all Miſchief (like Cruelty and Perſecution) makes a Rod for its own back, and becomes its own Executioner, as well as its own Scourge.

Had not hard-hearted Pharaoh (think you) been a wiſer man, as well as a better man, if he had been leſs miſchievous? for by loſing the Bowels of humane Compaſſion, he loſt himſelf, and his Party; all that ſided with him, were not only partakers of his Sins, but of his Plagues alſo; periſhing in the ſame woful end,

If I can do my Brethren a Courteſie, you may be ſure I will; What? not a Legal Biſhop, nor Legal Prieſt in England! God forbid; that muſt never be admitted; and therefore, though the Lord Coke's reaſon for 25 H. 8. 20. ſeems of no force at all, yet 8 Eliz. 1. ſeems to cure us all, if his Majeſty pleaſe? I hope we are all ſafe ſtill; the Judges only ought to determine it. But what's all this to juſtifie the Contempt of that Branch of the Statute (1 Edw. 6. 2.) that enjoyns the uſe of the Kings Name, Style, and Seal, in all our Proceſſes Eccleſiaſtical, Certificavit's and Significavit's •• ſor neither 1 Eliz. nor 8 Eliz. touches that; or if it did, (as it does not) Quere, Whether the Revival of 1 Edv. 6. 2. by 1 Jacob. ſhall not obviate it? But to admit the other Branch of the Statute to be in force, would be a horrible wide Scandal; yet not ſo great a Scandal, but many greater have been let into the Romiſh Church, when the Heads happened to be (like the wooden Heads in a Carvers Shop) Brainleſs.

Biſhops, Prieſts, and Deacons, are lawfully Conſecrated by 8 Eliz. 1. at leaſt by 14 Car. 2. 14. but whether they be legally elected to this or that Cure, or Title, is a Point of which I will not give any Opinion, nor meddle with it: one ſaid well, they are Legales ad Officium, quales quales ſint ad Titulum.

Was not the holy Chair well lin'd againſt Errour, when that Monſter Baron. Annal. Ann. 1033. of men, and Opprobry of the Church, (as Cardinal Baronius calls Benedict. 9.) was made Pope at twelve years of Age, by means of his Fathers Intereſt and Subtilty, the Marqueſs of Tuſcia? That Pope being skill'd inFaſcicul. ad Ann. 1033. nothing but the Black-art, being found dead and ſtrangled in the Woods by Devils, as Cardinal Benno affirms: Platina calls him the wickedeſt and moſt miſchievous of all the Popes, but he that reads the ſad Character he gives of other Popes, as dull Sabinianus, Boniface 3. that red Dragon, (as Cardinal Baronius calls him) Prophane Formoſus, Ann. 891. wretched Pope Stephen 7. Ann. 895. (of whom Baronius ſayes) He entredPlatina de 〈◊〉 . pontiſ. like a Wolf, and died in a Halter like a Dog. Debaucht Romanus, Ann. 897. Seditious Theodore 2. Ann. 897. and next to him Vile Jo. 10. Ann. 897. (three Popes in one year) one after another) or theſe three next ſucceeding Popes, Benedict. 4 Leo. 5. (Terrae Filii, as Platina calls them;) and this latter Ann. 903. after one months Poſſeſſion of the Holy Chair, ejected by Chriſtophorus, ſo obſcure a fellow, that no man could find out his Countrey, or Sir-name; only that the name he was known by before he was Pope, was Christopher.

And theſe few (amongſt many more) I recite, that men need not wonder if great Scandals come in a Church, if the Heads (at Rome) happen to be like the Wooden Heads aforeſaid, (namely) brainleſs.

Like Pope John 12. that Spit-fire, full of his Anathema's, excommunicating the whole Council of Lateran, for Articling againſt him to the Emperor Otho the Great, for drinking a Health to the Devil; for ordaining Boyes L • itprand. l. • . c. 7. Biſhops at ten years old, and Deacons in a Stable; for invocating the Devil to help him (at Dice) to a lucky Caſt; for lying with Stephana his Fathers Concubine; And for turning his Holyneſſes Palace to a common Stews or Brothel houſe.

But in his Anſwer to his Charge, he curſes them all to the Devil of Hell by Excommunication; and they in Requital, toſs back his Bruta Fulmina and Anathema's, by excommunicating the Pope, ſaying,—You write by the Suggeſtion of as ſilly Councellors as your ſelf, Childiſh Threats; but we deſpiſe your Excommunication, and throw it back upon you: Judas the Traytor bound nothing with his Halter but his own wretched Neck. So ridiculous did they make that Eccleſiaſtical Tool, or Sword of Excommunication, growing dull by uſing it ſo often on every whiſſling occaſion, to Curſe whom they hated in meer revenge, 'till no wiſe man heeded them: therefore at laſt they wheedled in the Magiſtrate to grant them the Writ de Excommunicato capiendo.

Bleſſed be God that there is a day of Judgment hereafter, and of all Miracles, I moſt wonder that any man (in his wits) can be an Atheist, to doubt it; for it is impoſſible but that the Sun, Moon, Stars, Earth, (and all we ſee) had a first Cauſe, that made and preſerves them; and it is impoſſible but that that first Cauſe muſt be infinitely good and just; and conſequently impoſſible but that there muſt be a day of Judgment and Justice in another World.

For in this World, the race is not to the ſwift, nor the battle to the ſtrong, Eccleſ. 9. 11. nor Favour men of Skill, nor Bread to the Wiſe, nor yet Riches to men of Ʋnderſtanding; but Honeſty and Truth stands at the Bar (ſometimes) when Hypocriſie, Cruelty, Atheiſm, and Apoſtaſie ſits on the Bench; therefore it is impoſſible but that there ſhould be another day of Judgment; when it ſhall be well with them that fear God, which fear before him; but it ſhall not be well with the Wicked, neither ſhall he prolong his dayes, whichEccleſ. 8. 12, 13. are as a ſhadow, becauſe he feareth not before God.

But if Biſhops (angry Biſhops or angred Biſhops) would be content to Scold it out, as St. Hierom at St. Ambroſe, calling him Corvus & Cornicula, Rook and Raven; and his Commentaries on St. Luke—Nugas—(Trifles) (though I like not the ſport, yet I confeſs (of the two) ſuch Duels are moſt proper for Women, or men of the Gown) but I hate playing at Sharps, eſpecially with men that will not play upon the ſquare, and fairly with Equal Weapons and Equal Seconds, but to fly to the Magiſtrates long Sword (upon every Eccleſiaſtical Skirmiſh of Pen) I will not, I dare not ſay that it is foul Play; but I'le ſay, 'tis not an even Match. The Learned Biſhop of Canterbury, Doctor Laud, (when Fiſher publiſhed his Book of Popery) did not run to the King and Council, crying out—Help O King; nor did the Council trouble themſelves with ſuch Velitations, or Pen-pickeerings, but Laud anſwered a Scholar like a Scholar, with his learned Pen to his laſting Honour, not borrowing the Magiſtrates Pike to his Diſhonour.

No man does well approve of the Baſtinado, though given him by never ſo ſmooth a Cudgel, but the Cudgells do ſo ill become the hands that ſhould bleſs us, that any man would take the Lamb-basting from a Hangman, with much more Patience and Alacrity than from a Prelate; it being ſo incongruous to his holy Office to turn Executioner (ſo much as) by Proxie.

Nor do I know in all theſe Conteſts, how it is poſſible to follow better advice than that happy and great States-man gave Queen Elizabeth, in reference to the Papist and the Puritan, (neither of them did he well like;) yet leſt the Queen ſhould take him for a Puritan (a ſort of People to whom ſhe never gave much Countenance, nor much Diſcountenance) much leſs cut them down with Sham-laves made against Papists, ſharpned on purpoſe becauſe of the late Spaniſh Invaſion, the danger whereof was no ſooner quite over; but if ſhe did not quite ſheath that two edged Sword, yet ſhe never drew it againſt Papiſts, no nor againſt Popiſh Prieſts, (except Treaſon againſt the State aggravated the virulency of that corrupt Religion▪)Lord Treaſurer Burleigh's Letter to Q. Eliz. in Bacon's • elicity of Q. Eliz. the Stateſman I mean, was the Lord Treaſurer Burleigh, who in a Letter to that Queen,

Proteſting firſt that he was not given over, no, nor ſo much as addicted to the (Puritan) Preciſeneſs; thus adviſes her Majeſty Queen Elizabeth: 'Till I think that you think otherwiſe, I am bold to think that the Biſhops in theſe dangerous times, take a very ill and unadviſed courſe (ſo pious Biſhops were in thoſe dayes) in driving them from their Cures, and this I think for two Cauſes.

1. Becauſe it doth diſcredit the reputation and eſtimation of your power, when the Princes ſhall perceive and know, that even in your Proteſtant Subjects (in whom conſiſteth (mark that) all your Force, Strength and Power) there is ſo great and heart-burning a Diviſion; and how much reputation ſwayeth in theſe and all other worldly Actions, there is none ſo ſimple as to be ignorant; and the Papiſts themſelves (though there be moſt manifeſt and apparent diſcord between the Franciſcans and Dominicans, the Jeſuites and other Orders or Religious Perſons, eſpecially the Benedictines,) yet will they ſhake off none of them, (mark that, but ſome are wiſe and ſome are otherwiſe) becauſe in the main point of Popery (and Proteſtantiſme) they all agree and hold together, and ſo far (and ſo may all Proteſtants alſo) freely bragg and vaunt of their Unity.

The other reaſon is, becauſe in truth, (in their Opinions) though they are over-ſqueamiſh and nice, and more ſcrupulous than they need, yet with their careful Catechizing and diligent Preaching, they bring forth that fruit which your moſt Excellent Majeſty is (mark that) to deſire and wiſh, namely, the leſſening and diminiſhing the Papiſtical Numbers; and therefore in this time your Majeſty hath eſpecial Cauſe to employ them, if it were but as the Emperour Frederick the Second employed the Saracens againſt the Pope, becauſe he was well aſſured that they (only) would not ſpare his Sanctity.

The CONCLƲSION.

THerefore (certainly) Solomon knew what he ſaid, when he ſaid, That the Throne is eſtabliſht by Righteouſneſs and Juſtice.

For Juſtice, or (which is all one) the Law is the (only) ſure foundation of the Throne; which William (Sirnamed) the Conquerour ſo well underſtood, that he poſt-pon'd or wav'd his Title to England, as Conquerour, (and a long Sword) deriving it (againſt Earl Harold that Uſurpt his Crown,) from King Edward the Confeſſor, (his immediate Predeceſſor) as his next Heir by nature.

'Tis true, Coke calls him William Baſtardus, and the Common-law ſayesCoke in Proem. 2d. Inſtitut. (at leaſt) to all Subjects, Baſtardus non haereditabit, a Baſtard ſhall not Inherit; but whether King William had any reaſon, or rather was miſtaken to think it too low to reach the Laws of the Crown; though afterwards Illegitimacy upon another ſcore (ſo declared by Acts of Parliament) proved not a ſufficient Barr to ſeclude either Queen Mary or Queen Elizabeth from the Imperial Crown of this Realm) or whether it was but King Williams▪ meer fancy, or that he had ſome other Title by the Will of King • dward, concerns not us at this diſtance, ſo much as to enquire, further than to ſay, (what all Hiſtory agrees in) negatively, he did not claim his Right to the Crown by his Sword, or by laying his Hand upon his Hilt; but gently, like other Succeſſive Kings of England; took the Coronation Oath, and vowed obſervance of and Obedience to the Laws.

For the Throne of England is more ſtately, magnificent, and well-grounded, than to ſtand upon ſo Tickliſh a point as the Point of a Sword, be it never ſo long a Sword; much leſs ſhould it ſtand upon ſo tottering a Lottery, as to come to meaſuring of Swords, or the long Cut carry it.

Eſpecially, ſince the Law of God and Nature teaches the vanquiſhed to put by the longeſt Sword (as far as they can) from their Breaſts and Throats, except the Sword be Commiſſionated and Legitimated from the Law of the Land.

And ſince the Law of the Land is the only, ſure, true, infallible and impartial • mpire in all Cauſes, and over all Perſons as well Eccleſtaſtical as Temporal to decide all differences and conteſts that may or can poſſibly ariſe betwixt Arbitrary Luſt, Rage, Will and force (on the one hand) and Diſobedience and Rebellion, (on the other hand) and ſince it has prov'd ſo fatal (hitherto) to any man that has dared to refuſe to ſtand to the Umpirage and Award of the Law; then (tell me) who will, nay Indeed, who may or can withſtand or gainſay the Law that is irreſiſtable?

And if, (by the Premiſes) it be undeniably true, that—by the repealing Cok • 2d. Inſtit. 688. of a Repeal, the firſt Act is revived; and (alſo) that an after-Statute makes void all its Predeceſſours that are contrary to it; and (alſo) if the effect muſt be after its Cauſe, then ſo certain it is, that this Royal Statute (1 Edw. 6. 2.) bearing date of its Life from its Cauſe (prim. Jacob.) that reviv'd it, muſt undoubtedly take place of (1 Eliz. 1. 1 & 2 Phil. & Mar. & 1 Mar. and) all (other) Statutes that are its Seniors in every thing where they thwart it.

But, (alas) 1 Eliz. 1. & 1 Phil. & Mar. 8. were not contrary to it, much leſs could it come into the hearts and minds of thoſe Legiſlators to repeal it, more than to offer to kill a dead Horſe; for it was (as dead) (by 1 Mar. 2.) 'till King James Reviv'd it, ſince which time who can deny but it has had Life, by what Arts ſoever, or for what hidden Cauſe ſoever, or by whomſoever it has ſeem'd to be ſmothered; though ſo advantageous and ſuitable to the Kings Prerogative Royal.

Alſo, if all the Canon-law made before 25 H 8. (and no other) be in force, (in Tanto) for ſo much of them as are not contrary to the Laws of the Realm, nor to the Kings Prerogative Royal; (which the Law (alſo) does in every thing ſupport, direct, declare and advance,) and if Symony in contracting or purchaſing, ſelling, buying or bargaining for Divine Gifts, Functions and Offices, be odious to God and man, and to the Laws both of God and man; then (tell me) who will or dare, nay, indeed who may or can, give or take, require or exact Money for Baptizings, Buryals and Marriages; for Sins, Sacraments and Lectures; for Letters of Orders, Inſtitutions, Inductions, Collations or the like? much leſs chop and change Biſhopricks or Benefices for lucre, (filthy Lucre) in defiance of the Oaths againſt Symony, in defiance of the Oaths of Canonical Obedience, taken and ſworn (God forgive us!) by every Benefic't Prieſt and Biſhop, in defiance of the Law of God and man, and (which is worſt of all) to the apparent hazard of our Immortal Souls, and all this for a little ungodly gain.

Who will believe us or our Preaching? or can any Imagine that we believe what we Preach, whilſt without repentance we live in ſuch Symonical Crimes, to the univerſal ſcandal and contempt of the Clergy?

Which ſeems not more Catholick and general than Juſt, if by our known Symony and Avarice, Pride and Cruelty, Perſecuting-ſpirit and Woldly-mindedneſs (above all others) we taint our Holy Functions, and be ſpot and ſtain our Surplices with ſo much filth, making our ſelves (thereby) the common Scandal, as well as common Odium: what need have we (above all others) to ask forgiveneſs both of God and man?

And ſuch may as lawfully be reſiſted, as an honeſt Woman may reſiſe a Goat or a Raviſher.

Howbeit, It is ſo far from Purgation, that it aggravates any Villains Crimes, when he thinks to expiate his Abominations (as Manaſſeh did) by Humane Victimes, ſacrificing Men to his Wrath, by encouraging inhumane Cruelties and Vexations againſt ſuch who happen to have ſtraiter Conſciences, and not ſo wide a ſwallow as himſelf.

How many Hearts were ever won by vexing them? or, how can men (in Juſtice or Law) be compelled to that Church (by the Act of Uniformity) which is not conformable to the Act, but coyns or keep up new Ceremonies, in unlighted Candles on the Altars, cringing and bowing to them, Organs and Muſick, with many ſuch Innovations puniſhable by the Act of Uniformity.

If men muſt obey the eſtabliſhed Religion, let us have no other but what is eſtabliſhed; and if Diſſenters muſt be puniſht, let all Diſſenters be puniſht, and not make fiſh of one and fleſh of another; ſince Diſſenters have this unanſwerable excuſe for not coming to Church, and to the eſtabliſhed Religion, if there be another or more Religion, (or rather) Superſtition there, than what is eſtabliſhed by the Act for Ʋniformity.

For I (and all good Subjects) ought equally to abhor all Faction; and all Innovation, all new Religions, or new Superſtitions and Ceremonies to Periwig the old.

Both of them are Diſſenters, and if any be Fin'd and Puniſht▪ Fine them and Puniſh them both alike; but firſt Fine thoſe Diſſenters that make Diſſenters by new Ceremonies contrary to the Act.

Though (I confeſs) I am not for knocking men down and taking their Purſes, becauſe their eyes are not ſo good as mine, for fear that the next man I meet (who may happen to out-ſee me as well as oyt-ſtare me) ſhould (by mine own rule and law) ſerve me with the ſame ſawce; and (more eſpecially) becauſe Almighty God (the only King of Conſciences, has alwayes Plagued Perſecutors of mens Conſciences, (although) erroneous Conſciences) in all Ages; and I am apt to think that the Merit of Informers will ſcarcely perſwade Almighty God to abate his uſual Indignation againſt all manner of Perſecution and Cruelty: How much foever the Perſecuting ſtrain be applauded and admired by ſubtle Roger, and ſuch needy Varlets that are greedy to ſwallow any bait, (they are ſo hungry) though it will certainly choak them.

His Gracious Majeſty (whom God long Preſerve) having ſo often declared (as alſo his Parliaments) againſt the ſeverity-part of the Act, and ſo alſo King Charles 1. that tells his Son how dangerous it is to Ʋſurp the Juriſdiction of the King of Conſciences, or to kick againſt the pricks: And I have heard that (therefore) he would never Pardon a Murtherer, ſaying, Who am I? to contradict God that ſayes,—He that ſ • iddeth mans Blood, by man ſhall his Blood be ſhed? and ſhall I ſay No, it ſhall not be ſhed?

But, if in this, or in any other word or clauſe in this diſcourſe, any thing have eſcap't my Pen, through Precipitancy or want of Skill, (for who (except the Pope) is Inſallible) or derogatory to the Holy Catholick Church, Faith or good Manners, I wiſh it were obliterated, with all my heart.

For nothing do I covet in this World ſo much as the Propagation of the true eſtabliſhed Religion, Peace, Mercy and Goodneſs to humane Nature and all Mankind; againſt any of which if I have in the leaſt tranſgreſt herein, I hope the Ingenuous Readers will the rather candidly Pardon me, in Complacence to the Honeſty of this my Attempt, which may (at leaſt) Atone for my Errors and humane frailties which are many, very many; againſt which (though) none can poſſibly be more enraged than I am, when they are diſcover'd to me.

But, why ſhould men be in love with their Sins or their Sores? if they were my Sores, I would not kick a Dog that Ofter'd to lick them whole.

And was not apparent Symony, Avarice, Spiritual Dominion, and Encroachment upon Temporal-Courts and intruſion into temporal Employments, together with Perſecution, Cruelty, Spitting-fire, Curſes and Anathema's, Extortions, Gaoles and Fines, new Ceremonies and Superſtitions, Antick Dreſſes and Antick Cringes, &c. (all which are ſome mens darling ſins,) but were they not at firſt brought over from Rome by Auguſtine, Archbiſhop of Canterbury (as aforeſaid) that ſame wretched Monk?

I know not what ſuch Romiſh Dreggs are good for, except (as the Dreſt Cowcumbers I once Cookt) for the Dunghill.

Or, how in the name of goodneſs can any man abett them, or ſo far Countenance them, as to Diſcountenance me (as hitherto) for Impeaching them?

Nevertheleſs, if any bodies Palate be ſo out of taſt, as to love and long for ſuch Romiſh Dreggs, let them ſend for the old, tainted and fuſty Bottles again.

For nothing elſe is fit to hold them, nor can retain them long; for the Goſpel is comparedMark 2. 20. to new Wine, which no man (that is, no wiſe man) puts into old Bottles, elſe the new Wine doth burst the bottles, and the wine is ſpilled and the bottles will be marred, but Mat. 9. 17. new wine muſt be put into new bottles, and both are preſerved.

Not, but that I have been as filly a Zealot for Perſecution, as zealous Roger himſelf; 'till by ſearching, I could find no preſident for it in the Bible, nor any good luck that attended any that Perſecuted men for Conſcience-fake, though an erroneous Conſcience; and eſpecially in our Soyl, where that weed never thriv'd long; witneſs Queen Maries Methods▪ and the German Emperor to the Proteſtant Hungarians, 'till for ſhelter they fled to the (more merciful) Turk, a Piece of Jeſuitiſme as unpolitick as Impious, whoever lives to ſee the upſhot.

I confeſs, in the Old Teſtament Joſhua had ſuch a Commiſſion to kill, ſlay and plunder all Diſſenters, ſo that it (poſſibly) might be true, what Procopius (ſayes he) ſaw, engraven on a Pillar near Tangis, (now called Tangier, our Garriſon in Aſrick) erected by the Phoenicians or Philiſtines that fled (ſo far) from the Valour of the Lords Captain, Joſhua, to eternize their flight, (and except they had fled into the Sea, they could not well have fled further,) in theſe words—Nesfugimus à facie Joſhua, Praedonis filii Nave; We fly from the face of that great Thief, Joſhua the Son of Nun.

But, he had no Commiſſion to plunder his fellow Jews; what feat was a Province peculiar to the wicked, and miſchievous Priests, (only) thoſe ravenous Sons of Eli.

Whoſe Symonical Rapine dragg'd from me theſe heavy Verſes.

The Prieſts of Bel were glad to Frogg for meat, Feeding their Wives and Brats by holy Cheat; But (High-Prieſt) Eli's Sons, without remorſe, Cry—Give, (ye Slaves!) or elſe we'ls tak't by force. Ay—Theſe were rampant, Hector, rend and tear, And will be twice paid, Curſe, Arreſt, and Swear; Their frothy ware the Layety muſt buy it, (Juſt as they ſet the Price) who dare deny it? Come to the Temple—Simon—buy Gods Word; If not, then take him Gaoler, Ax or Sword. Religion dreſt in Buffe? with Gun, Sword, Pike? Religion ſayſt? the D—it is more like. Religion is an Earthly Paradiſe (Not an Artillery-Garden) to the wiſe: Religion's goodneſs and its Truth (alone) An Infinite of Souls to Heaven has won▪ But can we give our God greater Diſhonour, Than think—He needs the Black-Art of old Bonner? The Paſtoral-ſtaff brought home Chriſts Sheep to Folds; Ne're call'd (for Help) to Qnarter-ſtaff, of old; If Heaven allure not, no, nor Gold to boot, Not all Earths Magazines nor Hells can do't. For Souls may well to God be drawn, not driven; Did ever Gunpowder blow Souls to Heaven?

Laſtly, over and above all this the 15 Car. 1. 11. does inflict the penalty of a hundred pounds on all Eccleſiaſtical-Couriers that take upon them to inflict, award or inflict, award or impoſt any Pays, Penalty, &c. upon any the Kings Subjects, &c,—Add I do not remember that they did Act till by 13 Car. 2. 12. ſome deemed a branch thereof to be repealed by 13 Car. 2. 12.

But that 13 Car. 2. 12. repealing only a branch of a Stature made in 17 Car. 1. Qu • rz whether that can repeal 16 Car, 1. Poſſibly it might be a miſtake, but Quarz, Whether any but a Parliament can regulate or amend that miſtake?

For, It is moſt certain, that all Acts of Parliament ſhall bear date from the Beginning of every Parliament or from the beginning of the ſeveral Seſſion of Parliament, as it is reſolved 3 H. 8. B. Parliament 86. in Fartridge Hobart in the Caſe of Anne Wheeler, verſus Biſhop of Wincheſter. and Croker's Caſe, Plowd. 79. And never did any Parliament or Seſſion of Parliament begin in 17 Car. 1. and therefore the 13 Car. 2. 12 ſeems to affect the 16 Car. 1. no more than the 26 Car. 1. or any other Statute.

Does ſome ill fate attend our Eccleſiaſtical-Genius of Spiritual Courts, that even the Statutes made in our favour, prove unſucceſsful? What's worſe than ill Luck?

I profeſs, I cannot but apprehend the juſt Judgment and Juſtice of God upon me, (whatever evil Inſtruments he made his Red of) for my apparent Symony in giving forty Shillings to be made a Prieſt, and eight pounds for Inſtitution to the Work, and then 20 s. for Induction; and then 30▪ ſhillings to have Licenſes to uſe the Prieſtly Office of preaching, &c. but they would not do it cheaper, to the apparent breach of our Canonical-Oaths, and Oaths againſt-Simony; And yet I paid all (only) as forc't Fees.

And is it not alſo juſt with God to make us claſh, and break us on • upon mother, and one by, with (and againſt) another, for ſuch abominable breach of Oaths, Extortions and Symonical oppreſſions in exacting money for Buryals, Marriages, Lectures, Baptizings, &c. What? Sell holy Sacraments and holy Offices! Fy for ſhame!

But, I repent, heartily, heartily, and thus publickly take ſhanie to my Self, ſtanding (thus) in a white-ſheet for it▪ And if ever I do ſo any more, then, let my Heavenly Father whip me again with the •• d of the Wicked to my dying day▪ But bleſſed be his Name, that letting me hereby ſee my Sin, I may probably 〈◊〉 Inſtrumental to convert See Arch •• ▪ Parker, de Antiq. Eccleſ. Britan. p. 47. How. Auſtin. i • cited King Ethelbers to kill the Monks of Bangor, that were not Conformiſts to his Romiſh Drivel and Ceremonies! bloody Monk! Anno 60 • . my Brethren from ſuch horrid Symony, Avarice and dangerous Oaths, that ſo God may avert his Judgements, and the Univerſal contempt of the Clergy, under which we gr • an unpitied.

But, no work (at preſent▪) however of theſe matters.

Whatſoever is not founded, neither upon Gods Law, nor the Law of England, cannot long ſubſiſt, with what frail props ſoever vain man endeavours to Shoar it up:—Stand clear there—I'de wiſh you; As you love your ſelves, your Families and Poſterities, come not too near ſuch a c • aſi • frame▪ ſtand where it will.

For, what cannot ſtand muſt fall, That's all.

〈…〉 〈…〉 and 〈…〉 are all 〈…〉 〈…〉 and would it not be a kind of Miracle, to ſee over the •••• s of 〈…〉 〈…〉 (now ſo pleniſh't 〈…〉 —) many Ages hence (I mean) a Paper (Paſted over the Gates thereof) Importing—This Houſe is to be Let?

Is it not juſt, that they ſhould for ever b 〈…〉 Neck and H •••• , and ••• ter'd to ••• Poſterity, that to the loſs of their Honour as well as Honeſty and Gr 〈…〉 do muſt ••••• ſhly ••• rle, and moſt c •• r •• ſhly ſnap at thoſ • ••••• ble •• ngers that would 〈◊〉 〈…〉 Cords?

Then, there let them lye, with their Poſterities, bound down and crippl'd with thoſe bands, where 〈…〉 poor Bigots firſt were Prieſt-rid by Auſtin the Monk▪