A PETITION Humbly presented to his HIGHNESSE the LORD PROTECTOR, AND TO THE High-Court of PARLIAMENT, THE Supream Governors of the Common­wealth of England, Scotland, and Ireland, with the Dominions thereunto belonging. BY DIVERS MINISTERS FOR THE Establishment of themselves and others their Bre­thren (for their own Lives) in the places to which they were admitted to officiate (as Ministers of the Gospel) without Institution or Induction from the Bishops. WITH Reasons thereto annexed whereof the CONTENTS are set down in the Page next after the PETITION. And at the end of the Book an Epistle to the Sincere and Pious Preachers of the Word of God written before the begin­ning of the Parliament By PHILOTHEUS PHILOMYSTES.

ACTS 1.24.

And they praied, and said, Thou Lord which knowest the hearts of all men, shew. whether of these two thou hast chosen.

LONDON, Printed for Edw. Brewster at the Signe of the Crane in Pauls Church­yard. MDCLIV.

To his Highnesse the LORD PROTECTOR, AND To the High Court of PARLIAMENT, The Supream Governours of the Common­wealth of England, Scotland and Ireland, and of the Dominions thereto belonging.
The Humble Petition of diver Ministers of the English Nation for themselves and others their Brethren.

Sheweth,

THat your Petitioners (by Authority of Parlia­ment) appointed to preach the Gospel in divers Congregations, from which the former Incum­bents were by the same Authority removed for their scandal and disaffection to Reformation both Civil and Religious, have by them and the people (leavened by their unsound doctrine and prevaricating practise been harshly entertained and injuriously dealt withall by manifold both personall and real wrongs, and some of us may truly adde to our complaint the threats and at­tempts of some of them to take away our lives; For none other cause that we can conceive, but 1. for that in the great divisions of our Nation, our judgements and consciences divided us from them and their party. 2. Because we disuse the Service book and other super­stitious formalities (especially customary and promis­cuous Communions at Easter, and Christmas Holidaies as they commonly call them;) and 3. for that we press the precise and pious observation of the Christian Sab­bath or Lords Day, and the daies of occasional Humi­liation [Page]and Thanks giving, as alone obliging the con­science under the state of the Gospel. And lastly, be­cause they take us to be but unlawful intruders into the Rights of their outed Ministers, for that our tenure de­termines not with our own but with their lives; and we are ordered to pay a fisth part of the Sequestred Be­nefices, toward the maintenance of their Wives and Children, as part of their Revenue; for if the Delin­quents were dead, wherby their Widows and Orphans might have more need, no part or portion should be assigned unto them, though they were not guilty of such scandalous offences against God and man as their Husbands and Fathers have been.

May it please your Highnesse and this most Honourable Se­nate, weighing the Premises with the Reasons hereunto annexed, in such a way as your prudence and goodnesse shall direct you, to trke a course for a redresse and reme­dy to the grievances fore-mentioned; so that so many of us (your Petitioners) as have continued constant to our Ministerial duties both for preaching and practice, and faithful to the cause of Religion, and the peace and welfare of our Nation, with others our Brethren, who by the great Seal or the authority of private Patrons have been admitted to ministerial Offices since the deposition of Bishops, may be confirmed in the places where we re­side and officiate, for term of our natural lives (unlesse we deserve by any manner of miscarriage to be cast out of the favour and protection of publike Authority) and may be invested with the like power and priviledge both to require and recover the sights of our personal Incumbencies, which others have enjoied upon their presentations to them by them by the Title of Patronage, and institution & induction by Bishops in former times.

And your Petitioners shall humbly pray, &c.

THE CONTENTS OF THE Following DISCOURSE.

SECT. I.
A necessary Caution premised against the conceit of par­tiality to our selves and injury to others, four Reasons for the Minister settlement where the Parliament pla­ced him; The first drawn from the Parliament,
Reason 1.
the second from the people to whom he is sent,
Reason 2.
the third from himself; the fourth from the evil effects of his remo­val,
Reason 3.
in regard of others both goed and bad. Pag. 1.
Reason 4.
SECT. II.
The fifth Reason against the present Ministers dissettle­ment by the Patron,
Reason 5.
taken from the practice of primi­tive antiquity most contrary to it. p. 5.
SECT. III.
The Sixth Reason taken from the distinction of Parishes,
Reason 6.
when and by whom it was made. p. 7.
SECT. IV.
The seventh Reason taken from the Original right,
Reason 7.
pri­viledge and duty of Patrons, and from the corruption of many Patrons, and their abuse of Patronages, par­ticularly [Page]in England, both before the Parliament sum­moned by the late King, and since. p. 8.
SECT. V.
The respect due to Religious Patrons, with advice for a Consciencious discharge of the trust reposed in them; wherein some passages in M r Prinnes late Book (of the Right of Patronage) seeming to prejudice our cause, are proposed and answered. p. 13.
SECT. VI.
The Conclusion briefly recollecting the chief contents, of what is before more largely delivered. p. 20.

REASONS Humbly offered to the pious and judicious Consideration of his Highnesse the LORD PROTECTOR, and of the High Court of PARLIAMENT, why an able, painfull, and faithfull Minister (placed by the Supream power of this Nation in the room of a Delinquent Sequestred for Scandal and disaf­fection to the State) should not after the Delinquents death be displaced, upon pretence of the right of Patronage, to present another in his stead, if (until then) he have persist­ed in a sincere and conscientious execution of his office.

SECTION I.

A necessary Caution premised against the conceit of par­tiality to our selves and injury to others, four Reasons for the Ministers settlement where the Parliament pla­ced him; The first drawn from the Parliament, the second from the people to whom he is sent, the third from himself; the fourth from the evil effects of his remo­val, in regard of others both good and bad.

THough we conceive such a Minister (as above-mentioned) ought to be confirmed in his Incumbency during life (his own life, not an­others) yet as we would not have him stand upon the fickle terms of durante bene-placito: (either in respect of the people or of any person claiming priviledge above them) so we desire not [Page 2]that any of us should enjoy any publique maintenance or countenance any longer then Quam diu bonè se gesserit.

2. We professe we are not of their minde, An exact relation of the Proceedings and transactions of the late Parliament who were dissolved Decemb. 12. 1653. p. 18. Printed 1654. Who say, that Patrons Presen­tations are one of the strong holds of Sa­tan, and who when it was The true state of the Case of the Common-wealth, and in reference to the late established Government by a Lord Protector and a Parliament, p. 19. propound­ed (in an equitable way) that persons of eminent piety and fidelity might be ap­pointed to judge of such Ministers as should be presented by Patrons, would admit of no regulation (but running out into the extream) vo­ted away the whole right of presentation by Patrons.

We desire not to debarre them or any of our Brethren of this Nation, of their rightful properties or just rights, which the Law doth give and conscience may take, as we were not willing (without our demerit) to be voted out of our Mi­nistry; Ibid. p. 16. or out of our right as civil men; The name of Patron where it is not (as the Popes Holinesse) titulus sine re, is to us acceptable and venerable; and for those who are worthy of it and act according to it, we honour them, and they may well deserve that honour by their faithfulnesse and zeal in promoting the Gospel of Christ, protecting and counte­nancing the true Ministers of it, and him against those that oppose or despise them.

But withall we crave leave (in a matter so much import­ing the great good or hurt of souls (as Patronage doth, thereafter as the title and authority is used well or ill) to deal with all plainnesse and fidelity, and to shew (for cau­tion) what we finde amisle, and to be amended or removed, as well as what (for use) we think may be approved and maintained.

This premised to clear our intentions from all partiality to any of our Tribe (who make defection from their duty whether ministerial or Christian) and from injurious impeach­ment of any lawful priviledge that any Patrons may have, if it be used lawfully; We trust our just desires may finde acceptance with his Highnesse and the Parliament for these Reasons ensuing; which though they be of several sorts, [Page 3]some of them pleading the piety, justice and equity of the Ministers establishment, where he was placed by publike au­thority (upon the displacing of the former Incumbent) some of them shewing the contrary evils that any other Pa­tron should (without any just exception against him for in­sufficiency, idlenesse or scandal) be allowed to eject him when the outed Minister dieth, who underwent a civil death (before) by his Sequestration.

The first Sort of Reasons.

Reason 1 The first Reason may be taken from the Parliament by whom the one was removed and the other authorised to offi­ciate in his place; And in the Parliament two things are con­siderable, the one is their care to make choice of good Mi­nisters more then can reasonably be expected, or is usually found in most private Patrons; The other their authority, which was of force to cast the offender both out of office and Benefice, and the same power might have acted for the In­cumbents settlement after the Delinquents death, and doubt­lesse had done so if (in this case) such as were Patrons and Parliament-men had (which would have been for their praise as well as for the Ministers peace) put their own inte­rest for this particular into the Self-denying Ordinance.

Obj. But though they might depart from their own Right, or suspend the exercise of their own priviledge, they could not give away other mens: But that other Patrons might still be free (upon the death of the precedent Person) to pre­sent another in his stead as they see good.

Ans. 1. A Patron (if he be true to his trust) shall gain nothing (in point of profit by a new Presentation, and there­fore (in that respect) he loseth nothing by confirming the present Incumbent for term of his life.

2. For the liberty of presenting another man, the Patron might have it allowed him, in making a new choice, when the successor of the former Minister dieth, who though he come into the Benefice later, may go out of the world soon­er then his Predecessor, and that may prove a priviledge ra­ther then a prejudice to him.

3. If the Parliament (without such compensation or a­mends) had made a vote for continuation as well as for col­lation of the Sequestred Benefice, upon the Minister of their own choice (as we humbly conceive they ought to have done) no Patron (that was not a Parliament man) would have presumed to gainsay it, since he might see the exercise of Parliamentary power in a far greater matter, viz. in de­priving his Clerk of his livelihood by their Sequestration, and might feel more himself then the suspension of his Patro­nage (for one turn only) in the paiment of the military Sessement, and in other sorts of submission to the present power.

Reason 2 2. In respect of the people; if the Parliament have made a good choice for them, it is very injurious to them to leave it to the power of particular persons to deprive them of the benefit of a good Minister, and to expose them to the peril of a worse in his place by his removal from them.

Reason 3 3. In respect of the present Incumbent, it cannot but be a great grievance to him when he hath incurred the offence of many ill-disposed Parishioners (for their sakes who set him a watchman over their souls) and for his sake (whom they have displaced) hath been distasted by those who superstitiously dote upon forbidden formalities, and hate Reformation with perfect hatred, then upon the death of his greatest enemy, for him to be made the chief mourner, by exposing him to extream indigence, among them who will be more ready to insult over him then to pity or relieve him, is such a misery to the reformed Ministry, as (though a former Parliament did not prevent it) we trust the Lord Protector and the Parlia­ment will be pleased to remedy.

Reason 4 4. By these ill usages of the people and minister, the hearts of the godly are made sad, the hands of the wicked strength­ned, the progresse of the Gospel hindred, the honour of God (in the sight of man) reproached, Reformation retar­ded or rather thwarted, while a meer humane and private interest is preferred before his glory and the peoples safety.

SECT. II.

Reason 5 The fifth Reason against the present Ministers dissettle­ment by the Patron, taken from the practice of primi­tive antiquity most contrary to it.

1. IT is contrary to the primitive practice of the purest times for the godly Christians (of old) made the choice of a Minister one of their chiefest bnsinesses of Religion, for as an eminent Non est ullum praestautius aut sautarius Dei. donum, quam sincerus verbi divini minister: vero dona Dei non possunt aliter, quam per preces obti­neri. Gerard. L. Com. Tom 6. p. 136. Writer observeth;) and (to the like purpose) speak the Reve­rend There being nothing (under heaven) of greater importance then the preaching of the glorious Gospel of Jesus Christ, you cannot but be very senfible of what weight and con­cernment it is to take a right estimate of all that offer themselves, and to passe a due ap­probation of such only as Christ himself would have admitted to that great emploiment. Merc. Politic. from Thurld. April 13. to Thursd. April 20, 1554; Numb. 201. p. 3415. Commissioners for appro­bation of publique Preachers, there is not a more excellent and sa­lutary gift of God (he meaneth by the Ministry of men) then a good and well qualified Mi­nister to Christian People; Now the gifts of God (saith he) are to be sued for by praier to him who maketh able Ministers of the New Testament, 2 Cor. 3.6. and therefore the Church (in the Apostles time) used (upon this occasion) to addresse their supplications to God, as Act. 1.24 & 13.3. & 14.23. According to this patern hath been the constant practice of those (who were intrusted by the Parliament for triall of Ministers to be sent (as supplies) to the places whence De­linquents were removed; for they alwaies began their exa­mination with praier, and they and the godly people (if there were any such in the Parishes whither they were sent) joyned their praiers to God for the same purpose, and so re­ceived such Ministers as was sent unto them by God for their good, whereby they and their people as joyned toge­ther by God in a religious way, they should not by men be put asunder, Mat. 19.6. in a meer secular way, which hath no savour of Religion in it, we may say (in respect of some) in a very sinful way, as we shall shew in the practise of divers Patrons in the fourth Section.

2. After the Apostles times (for many hundreds of years) the Monopoly of Patrons was not heard of in the Christian Church; for even Bishops were ordinarily Marc. Anton. dc Dominis de Reipubl. Eccl. l. 3. c. 3. p. 41. §. 40. chosen by the Clergy and People, which Spalatensis proves by 33. Testi­monies, which are founded on this Ax­iom of Reason and Justice, That which is of common concernment ought to be proposed to common consent, ond not to be left to the Quod ad omnes pertinet, quod omnes tangit, ab unius arbitrio pendere neutiquam debet. Gerard. l. Com. Tom 6. p. 136. Co. 2. p. 137. Col. 1. arbitrary pleasure of one alone, which In eligendis Episcopis diu sua populo li­bertas fuit conservata, nequis obtruderetur, qui non omnibus aecceptus fuit, hoc igitur in concilio Antiocheno v [...]tilum est, nequis invi­tis ingereretur quod & Leo primus diligen­ter confirmat. Ep. 90. c. 2. Calv Instit. l. 4. c. 4. p. 417. Calvin also affirmeth (and confirmeth it) by a Canon of a Council at Antioch, and an Epistle of Leo the first.

Obj. Against this the Bellar. de Chricis c. 7. Tom. 2. p. 309. in 8. Estius in l. 4. Sent dist. 24. Eckius de primatu Petri, l. 3. c. 28. Papists take many exceptions upon pretence of reason and testimony, their Reasons are many of them feeble and frivo­lous, and their Testimonies of small authority, only one (of each sort) is worthy of notice and answer: The rea­son is, that popular Elections are turbulent and tend to Se­dition and Faction: The Testimony is that of the Council of Concil. Laodicen. Can. 13. [...] Tom. 1. Concil. p. 298. Edit. Bin. Lutet. Paris. p. 1636. Laodicea (which sate about the year 320.) and would not permit the people to make choice of Bishops or Mi­nisters, which Fateor in Concilio Laodiceno optima ra­cione constitutum, ne turbis Electio permit­tatur; vix enim unquam evenit ut tot capita. &c. Calv. Instit. l. 2. c. 4. p. 418. §.12. Calvin not only con­fesseth but commendeth, because (saith he) it very rarely (or scarce at any time) cometh to passe that so many heads do agree in one sense well to com­pose any matter; But for this inconvenience there was (saith he) good remedy; For

1. The promiscuous multitude were not permitted to manage the Election, and that was it which was forbidden in the forecited Canon of the Council of Laodicea, the same (in effect) is asserted by the The Divine Right of the Gospel-Mi­nistry, par. 1. c. 8. pag. 125. where they propose and prove, That the Election of a Minister doth not belong wholly or solely to the major part of every parti­cular Congregation. Provincial Assembly [Page 7]of London in their late Learned Book of the Divine Right of the Gospel-Ministry.

The This term Clorgy we use only be­cause it is best understood, not as mis­applied by Papists or any other who ap­propriate it to themselves, to the preju­diee of the just priviledge of all true be­leevers who are clear (or the Lords lot and portion) as well as the Priests under the Old Testament, or Presbyters or Ministers of the New. Clergy by rule and order, that the Election might be orderly, made the first choice, and proposed the E­lected person to the Magistrate or Se­nate (if they were Christian) if not, to the people who were professed Christians; if they had any just ex­ception against the party proposed, another was offered, and if the people made choice of any, the Clergy were to judge of their sitnesse or unfitnesse, and to approve or dislike of them as they saw cause; So that the last or compleat Election was not left to the people alone, nor they left out, or any one obtruded upon them without their consent, and that they might consent to re­ceive such a man as did merit their acceptance, they were docendi & ducendi to be taught and lead by those who were better able to judge then themselves, and who were (by no means) to suffer themselves to be misled by popular ig­norance or perversenesse: thus (in effect though in other words) have Calv. Instit. ubi ante. Calvin, Spalat. de Reipub. Eccles. l. 3. c. 3. p. 414. §. 52. Spalatensis, Duaren. de Sac. Ecc. minist. l. 3. c. 11. fol. 59. a. and Dua­renus the D r Reynolds Yhes. 5. p. 650. added to his conference with Hart. famous Lawyer (as D. Rey­nolds set him forth) resolved, and thereby have avoided the Popish Ob­jections before-mentioned.

SECT. III.

Reason 6 The Sixth Reason taken from the distinction of Parishes, when and by whom it was made.

3. FOr a great part of this time there was no distinction of Parishes, and until they were distinguished there was no Patron that had any such priviledge as is now assu­med.

Tooker of the Fab. of the Church and Church-li­vings p. 44. D. Tooker and Hooker Eccl. Pol. l. 5. p. 33.3. M. Hooker referre the Originall of Pa­rochiall Partitions to Pope Evaristius Anno Christi 112. but neither of them quote any authority for it; They that do name the Book called the Pontificiale of Pope Damasus who was Bishop of Rome, about the year 367. but that (say Baron. Annal, Tom. 4. ad An. 384. num. 22. Baronius and Possea. Appar. Tom. [...]. p. 410. Possevine) was not the Book of that Damasus (but of another) nor was it the Book of any Damasus at all, but of Anastasius Bibli­ethecarius saith Bellar. de Ecc. Script. p. 123. Bellarmine, and whose Book soever it was, it is (for divers untruths) disapproved by Baron. ubi supra. Ba­ronius, and Bin. Tom. 1. cou. p. 61. col. 2. Binius; Others referre the Originall of this distinction to Pope Dionyfius Anno 261. as Bin. ibid. p. 191. col. 2. Bi­nius accounts, but Baron. Tom. 2. num. 17. Baronius reckons Anno 270. But this Baron. ubi auio. Baronius reports rather as a Renovation in his time, or by him, then a new Institution: Howso­ever, Mr Seld. Hist. of Tythes, c. 9. p. 254, 255.

4. Whether the division of Parishes were Anno 112. 261. or 270. or any time, before the Year 700. (if made by a Pope or any Prelate of inferiour degree) it makes nothing for the sole priviledge of Patrons hitherto; for until the Year 700. (as M. Selden observerh) the Mini­sters lived with the Bishops (who received the revenues of the Church within the compasse of their diocesse for themselves and them) and were sent out (by them) to preach and administer the Sacraments in several places (as was thought most expedient) in this no Patron had any thing to do either with the Office or Benefice of a Minister.

SECT. IV.

Reason 7 The seventh Reason taken from the Original right, pri­viledge and duty of Patrons, and from the corruption of many Patrons, and their abuse of Patronages, par­ticularly in England, both before the Parliament sum­moned by the late King, and since.

5. THE Learned and prudent Authour of the History of the Council of Trent conceiveth, the division [Page 9]of Parishes in many places to have began with the people, thus, Hist. of the Counc. of Trent. l. 6. p. 498. When a certain number of Inhabitants (having recei­ved the true faith) built a Temple for exercise of Religion, they hired a Minister, and did constitute a Church, which by the neighbours was called a Parish, and when the number was encreased, if one Church and Minister were not sufficient, those who were most remote did build another and fit themselves better.

M. Selden ib. p. 259. Of this see also M. Priune de Jure Patronat. pag. 10. Mr Selden maketh the like Observation, When Devotion (saith he) grew firmer, and most Lay-men (of fair Estates) desired the Countrey residence of some Chaplains that might be alwaies ready for Christian instruction of them, their Families and adjoyning Tenants, Oratories, and Churches began to be built, and were endowed with peculiar maintenance from the Founders for the Incumbents which should there only reside.

6. From this foundation or mainte­nance allotted to the Minister, the Founder or Benefactor had a Joh. Cal. Medul. lexici jurid. p 808. Col. 1. Jus Cansuic. tit. 38. c. 25. col. 498. Jus Greg. 23. Edit. an. 1616. Justiniani Novel. 123. Concil Trident. Sess. 14. c. 12. Tom. 9. p. 391. Cowels Interpret. verbo Patrov. Duaren. de Sacr. Eecl. Minister. l. 5. fol 63. p. 6. Right of Patronage, and was called a Patron, rather a Patron then a Lord (saith Dua en. Ibid fol. 64. a. Duarenus) because be was to be a Protector of the Church. See Mr. Prinne de Jure Eatronat. p. 4 r. by Plea, by intercession, by his tongue, by his pen, by his purse, and by his sword, and for both these Reasons be had a double privi­ledge, the one was to See the Authors torecited; and adde to them M. Prinne de Jure Patronat. p. 10, 11, 13. present a Clark when the Church was void, the other was Patronus houoraudus & ab Ecclesia sundard, sustentandas stegeat, Loc. com. in jus canonicum ad fin. Corp Juris canon. verb Patronus. to be relieved out of the revenues of the Church, if he (who was so religi­ously liberall, should (which was very rarely and seldome seen) come to need the liberality of others.

7. These priviledges are held by Est autem jus Patronatus personale, nec personam egredatur, nisi [...] sit ratio quae in [...]. Joh. Calv. Ned. lex jurid. p. 808. [...]. 1. Nemo cujusvis dignitatis Ecclesiastica vel secularis) quacunque ratione (nisi benefi­cum aut capellam, de nove fundaverit, out erectam sufficicute dote de suis proprijs & patrimonialibus bo [...]is competenter dotaverit) jus Patronatus imprtrare aut obtinere possit. Coc l. Trid. Ses. 14. c. 12. To. 9. p. 391. some only person not hereditary, and so not to be transferred to [...] mans heir ( unlesse fox the same reason that was in the Predecessor, that is): unlesse he be a Founder or Benefactor also as [Page 10]he was; Others hold that the right of Patronage may passe from one to ano­ther (as Lands of Inheritance) as Notandum quod (mortus Patrono) id­sus. ad-haeredem ipsius tranfire, & si plures existunt Haereder in solidum Patroni eunt non pre partibus hereditarys. Fr. Duaren. de Eccl. Sacr. minist. l. 5. c. 4. fol. 64. a. Du­arenus resolveth, and (with him) divers others, whose testimonies we shall no need to relate, fince we of this Nation have many Laws and long practise, for an hereditary right to a Title of Patro­nage, as well as of meer secular possessions, yet

8. The practice of divers Patrons hath been such as hath shewed them to be rather titular then reall, many waies Contra detestabilcm corruptelam Pa­tronerum, qui (rectoribus Ecclesiarum de­functis) Ecclesias spoliant. Concil. Sa­lisburg. An. Domint 1420. Tom. 7. par 7. p. 1147. col. 1. for some (When the Rectors have been dead) have robbed their living Suc­cessors of their Rights and Revenues, Nonnulli Eccles. Patroni pueros infan­tes & alios in Ecelesiis (in quibus jus Pa­tronatus obtinent) violenter intrudunt. Conc. Palentin. An. 1332. Tom. 7. par. 2. pag. 960. col. 2. and some have intruded children, yea, Infants in stead of able Pastors, who could do no duty that others in their Names might take the dues belong­ing to the Labourer in the work of the Lord, and those who are guilty of these crimes will make no scruple (though it be a great sinne) to com­mit Quoniam in quibusdam locis Alama­niae fundatores Ecclesiarum, aut ipsorum Haeredes potestate abutuntur, clerices Simo­niace praesentantes, &c. Concil. Gerunden. Ann. 1225. Tom. 7. Conc. part. 2. can. 9. pag. 834, 835. Simony whereby they make a Minister to buy an insupportable bur­then (the charge of souls) at such an unreasonable rate, as (if he live long) he shall never thrive or save by it, and (if he die soon) he is like to be a great loser, by his hard bargain with his greedy Patron. Besides what his losse may be at his account in another world, which is seldome thought of (by such Simoniacal chapmen) until it come upon them to their confusion.

9. We could wish that these complaints were (all of them) to be confined to forreign and Popish Patrons; But our condition is not so happy, for with us Protestants (such Protestanrs as the Patrons of whom we now speak are Pa­trons) the sinne of Simony is more allowed then it is a­mong the Papists: For 1. Append. ad Conoil Later. 3. Conc. par. 2. p. 673. Azor. Inst. par. 3. pag. 12. c. 10. col. 1690, Ibid. They forbid and condemn the sale of the right of Patronage. 2. o If a man sell any thing to which a Patronage is annexed, they judge it Simony to [Page 11]take any more for the purchase (with respect to the Patronage) then if there were no Patronage to passe along with it.

3. Benesleium (untequans vacat) nec dan­dum, uec promittendum. Fr. Duaren. de Sac. eccles. minist. l. 5. c. 12. fol. 74. p. 6. They prohibited not only the sale of Advowsons but the gift or pro­mise of any place before it be void, whereof the Nulla Ecclefiastica ministeria ceu Be­neficia tribuantur alicui, ceu promittantur, ne defidenare quis mortem proximi videatur, iu cujus locum & beneficium se crediderit successurum. Decret. Greg. l. 3. tit, 8. col. 389. Canon Law rendreth this reason, lest he should desire his death in whose place he had hope to suc­ceed; and the Bishop of Hist. of Councel of Trent. l. 8. p. 764. Conimbree (in the Councel of Trent) speaking at large against expectations and advow. sons, enforced his reason to a furtherdegree of danger then the desire of death, and said, they make the Incumbents death not only to be desired but some times to be procured.

But (with us) Patronages are bought and sold, not only as Appendices to other things that are purehased, but sin­gly and by themselves, and the selling of advowsons avow­ed as vendible Assets, So M. Pryn calleth them de Jure Pa­tronatus, p. 14. The word Assets is nothing but the French word Assez i.e. satis. It signifieth in our common Law goods enough to discharge that burthen which is cast upon the Executor or, Heir, in the satisfying of the Testators or Ancestors debts or legacies. Cowels Interp. ver. Assets. Assets as well as either lands or chattels Of this See the Copy of a Letter writ­ten on that occasion at the end of this Book. , and that had been so decreed by Or­dinance of Parliament, and by their practice confirmed, if some mens votes might have prevailed to so ill a purpose, and with us the Sale of Benefices (actually void) hath been so frequent and ordinary, that there was need of a Can. 40. of the Convocat. held 1603. the Oath is in these words following, 1 N. N. do swear, That I have made no Simoniacal payment, contract or promise, di­rectly or indirectly, by my self or by any other, to my knowledge or with my consent, to any person or persons whatsoever, for or concerning the procuring and obtaining of this ecclesiasti­cal dignity, place, preferment, office or living (respectively and particularly naming the same to which he is to be admirted, instituted, colla­ted, installed or confirmed) nor will (at any time) hereafter perform or satisfie any such kinde of payment, conduct or promise, made by any other without my knowledge and con­sent. So help me God through Jesus Christ. very strict Canonical Oath to withhold Ministers from buy­ing of them, and as great need was there, and greater reason to put an Oath upon Patrons; that they should not sell them for the M Prinne de Jure Patronatus, p. 18. forfeiture of one turn only of pre­sentation (which is all the punish­ment our Law inflicteth upon a Simoniacal Patron) is too little, [Page 12]the Canon Law doometh him to no lesse a losse, then (for his Lindwood. Prov. constit. l. 5. fo. 202. p. 6. whole life) to be deprived of the power of presenting, but their priviledge hath found too many Patrons (hitherto in the Parliament) so that (as a choice darling) by whom it hath been too much cherished to be restrained from all offence, and too many friends in Courts of justice to be pu­nished when abused, thence it is

10. That Patrons have put in so many unworthy Mini­sters who deserved (by the Parliament to be put out again, and that they have sometimes presumed (by force of Arms) to pull those out of their possession, At Astbury in Chesh. An. 1658 whom both the Houses of Parliament have (by their expresse approbation) chosen and placed in the room of displaced Delinquents, and that some have outed Ministers of eminent note and publike ap­probation, to make room for those who (for their disaffe­ction to the State) have been expelled out of other places, and that others (as bad as they) have been (by Patrons) obtruded upon the people, and so (as they well deserved) have been again removed by authority: In these and other kindes (very criminall) we doubt not but divers instances of miscarriage of Patrons may be produced, which may be worthy both of the cognizance and correction of the Su­pream authority of this Nation.

11. The office of a Patron being to protect both the In­cumbent and people against injury (so far as he is able) without any expectation of advantage to himself, it is his duty to do what he can that the Church may be well sup­plied M. Prinne de jure patronatus. p. 7, 11, 13, 13, 15, 21, 35. in case of lawfull avoidance by death, resignation, translation, deprivation, or otherwise, but not to make it void when it is well supplied already, by putting out an able and learned Minister, that he may shew his power and act his pleasure by imposing another upon the people.

Nor is there or can there be any thing in his priviledge (if rightly stated and not corruptly exercised) which may countervail the least of the evils (before remembred and complained of) against the glory of God, the honour of the Government, the Right of the people and Minister ap­pointed by the one and accepted by the other (at least by [Page 13]the godly party) for their spiritual guide in the Ministry of the Gospel.

And in this case we conceive their priviledge (such as it is) should be lesse prevalent for the expulsion of a good Minister who abused it before in the choice of a bad one, so bad that he deserved to be expelled for dis-service to the Church and State, and therefore put a necessity upon the Superior powers to put him out and to choose another, who (continuing true to his undertaking) should be continued in his place for the carrying of the work of Reformation, as it was designed by the Supreme authority of this Nation, which is deserted and obstructed by permitting a private Pa­tron to drive an able, faithfull, and painfull Preacher from the Church to which he was sent (by the highest authority, upon due and orderly triall of his sufficiency and sincerity) and to put in another (of his own Nomination) to succeed the dead in his Title and the living in the Office and Benefice annexed to it, which a faithfull and godly Patron would not do if he might, and an unfaithful and wicked Patron should not be permitted to do if he would.

SECT. V.

The respect due to Religious Patrons, with advice for a Consciencious discharge of the trust reposed in them; wherein some passages in Mr Prinnes late Book (of the Right of Patronage) seeming to prejudice our cause, are proposed and answered.

WE do not by all or any of this we have said, intend any prejudice to such Patrons as (by Law) are al­lowed to take care and provide a well-qualified Preacher for a People that want him, and who shew themselves consci­enciously carefull to promote the glory of God and the spi­rituall good of Christian Congregations, preferring them before their own temporall interest; Such a Patron we take [Page 14]for a Patron indeed, that is, a Accipitur Patrouns pro defensore corum quos in tutela habet. And. Altiat. de verb. signif. Commont. leg. 52. p. 129. defen­der, which implieth as M. Prinne de jure patronatus, p. 4. M. Prin hold­eth, not only a Patronage Protection, or defence of the Incumbents and Churches cause, when there is need in Courts of Justice, by way of plea or intercession, as an Advocate doth, but also their defence and Patronage, by the sword, in the field when assaulted by open­armed adversaries, sacrilegious Church-robbers, or blourly per­secutors; by pen, when invaded by hereticks and Schisma­tichs; Such a Patron well deserveth to be honoured (as the Civilians Primum lo­cum (post patrem apud cli­entem) obtinere patronus debet. Ibid. teach us) next unto a Father; and we conceive he may be of good use for the choice of a meet Minister, and for his comfortable Incumbency (when he is chosen) as also for the prevention of discord, and for quiet composing thereof (if it arise among the people about the Election of a Minister) and that when such a one as is not liable to any iust exception, (for insufficiency or ill carriage) is by such a Patron seasonably offered to the people (that is, when the place becometh void by death, resig­nation, &c.) as hath been said of him who officiated to them before, he should rather be chearfully received, then waywardly rejected by them, which hath Peccant Ecclesiae quae personam a Pa­trouis nominatam, testimonio consistorij com­probatam, donis ad doccndum necessarijs in­structam, &c. recipere reeusant, urgentes ut plures una personae praesententur in arbi­trio enim Patrouorum positum, an unam vel plures personas nominare velint, nes absolutae necessicatis est, ex pluribus fieri electionem, sed suffieit ad legitim an vocationem si acce­dat Ecclesiae consensus: — a Patrono nomina­ium & a consistorio comprobatum populus denegare non debet, nisi ob graves ac praeg­nantes causas, doctrinam vel vitam praelen­tatae personae concernentes. Gerard. loc. com. vol. 6. c. 3. Sect. 6. col. 137. sometimes been the peo­ples fault, who have refused such as have been worthy to be accepted, be­cause singly proposed by the Patron without others out of whom they might take their choice of him they like best.

Which disrespect of a worthy and well-meaning Patron is deservedly dis­liked and condemned by a Learned Authour fore-mention­ed; for it is very considerable which M. Prinne de Jure pat. p, 10, 11. M. Prinne hath in his late Book of the Right of Patronage (though in all points we agree not with him, and in some particulars conceive we have just cause to except against him) in these words, Now because both the soil whereon these Churches were built, toge­ther [Page 15]with the Church-yards thereto annexed for interring the dead, these Fabricks of the Churches, with the Parsonage-hou­ses, Rectories, Glebes, Revenues, and Tithes thereto annexed, for the Ministers maintenance, proceeded originally from these Founders Piety and Donation, and no way from the Parishio­ners who were but the Founders Tenants Servants or Children, and held their Lands from by or under them, charged with such Tithes as they first granted out of them to the Ministers (still allowed to them in their Leases, Fines, Purchases, in all suc­ceeding ages by a proportionable defalcation, according to their ordinary valuation) both by the common, Canon, and civil law, to the Laws of our own and other Realms, and the very dictates of Reason, Justice, Equity, held it reasonable, just, equitable, that these pious, bountifull Founders and Benefactors should re­serve the full and absolute power of bestowing, conferring the Rectories, Tithes, and profits of these Cburches (upon every avoidance by death, resignation, Cessein seems to be allied in signisi­cation to Cessor, and Cessor is he that so long ceaseth or neglecteth to perform a duty belonging to him, as that by his cesse or cessing, he incurreth the danger of Law, and hath or may have the Writ Cessavit brought against him. Old nat. brev. p. 126. Cowels Interp. verb. Cessor. Cessein, translation, deprivation, or otherwise) on such Incumbent Ministers as themselves, their Heirs and Assigns, should nomi­nate and make choice of for their Mini­sters and Chaplains, it being held both unjust and unreasonable, unconscionable, injurious and ungratefull, that the Pa­rishioners or other strangers (who contributed nothing towards the Fabricks Soil or Endowments of these Churches, and paid no Tithes but what originally proceeded from the Patrons Grants, allowed to themin their Fines and Purchases) should deprive them of or intercommon with them, in their Right of presentation, upon any avoidance, it being the Founders meer courtesie, piety, favour, to admit them and their posterities free accesse at all times to these Churches, which they founded not, and to reap the spirituall benefit of these Ministers and Ordi­nances which they maintained not at their own free cost, but these Founders and Patrons only; As it is (at this day) a meer grace and favour in our Innes of Court, Colledges, and some Noblemen and Gentlemen in the Countrey, to permit their Neigh­hours and Strangers free accesse to their private Chappels in [Page 16]their houses to the Ordinances here dispensed by their own hired Chaplains and Preachers, So far M. Prinne.

We have reported his opinion of the Patrons Right and power in presentations at length; That it may appear we do him right, in what he saith well, and that we do him no wrong when we except against that wherein (we conceive) he hath said amisse.

For we grant the Right of a Fundamentall Patron, or of a Patron that is a Founder of or a great Benefactor to a Church, is much in that Church so founded and endowed by him, but we do not couccive that they who were never such as either of them, cannot have a full and absolute power of bestowing and conferring Rectories, Benefiees, Tithes, and profits of Churches, upon every avoidance, on such Incumbent Ministers as themselves, their Heirs and Assigns alone shall nominate and make choice of for their Ministers and Chaplains, neither do we think there is as good justice and equity for his propriety of Right for sole Election who is neither Founder nor Benefactor, as for his who builded a Church or house upon his own Land, at his own cost, and endowed them with glebe-lands, and Tithes to dispose of them to whom he thinks meet, without the Licence of any o­thers who have no interest nor Inheritance therein, as M. Prinne de Jure pat. p. 11, 21. M r Prinne affirmeth: Nor can we imagine that so good and learned a man, so good a Friend to godly and learned Ministers, as M r Prinne, would be advocate for any Patrons who would not rather use his power to confirm an able and Religious Minister in his place, then to eject him (upon this pretence) that by the Law he hath a peculiar and sin­gnlar Right so to do.

For 1. (as M. M. Prinnc de Jure par. p. 21. Prinne himself Ibid. p 35. confesseth) the Patrons Right is not absolute but limited by law to the choice of a fit person, a Ibid. p. 27. convenient Minister, when the Church is void.

2. That fitnesse is to be judged of by others, as himself (in effect) acknowledgeth, where he saith Ibid. p. 27. that the evils and corrapt Contracts are sufficiently prevented by the Laws already made against them (we wish it were so) and a vigilant [Page 17]care of Governours and Presbyteries, to admit none but able, godly, and Orthodox persons.

3. Those who founded Churches and endowed them out of devotion, gave them to God, and in regard of his Inte­rest in them could not dispose of them, could not dispose of them as a man might do of a private or partieular house which he buileeth for a civil use.

4. That the people have some more right in Churches then at the courtesie of Patrons, appears by this, they are by the Laws of the Land to repair the body of the Church at their charge, as the Rector or the Parson is the Chancell at his charge, which could not be expected, nor would it be performed without (at least) an implicit acknowledgement of a Right to make use of it.

Obj. But though they have a right to make use of the Church, they have no right to make choice of the Minister who is to officiate in it, and if the power were put into their hands (saith M. Prinne) 1. It would M. Prinne do Jure pat. p. 27. cause faction and division in every Parish upon every vacancy. 2. Ibid. p. 28. The genera­lity of the Parishioners and people (in most Parishes) are so ignorant, vicious, irreligious, injudicious, prophane, neglectful of Gods publike. Ordinances, and enemies to all soul-searching and soul-saving Ministers, who would seriously reprove and withdraw them from their fins and evil courses, that we may sooner finde an hundred consciencious, religious, and godly Pa­trons (careful to present and encourage such Ministers) then one such Parish wherein the generality and swaying part of the people, are so well-affested and qualified as such Patrons.

Answ. 1. The right of the people (as we have already shewed) is more in the admission of the Minister then in possession of the place where he performeth his Function, and a right of so much more moment, that it were better for them to hear a good Minister in the open Air (as at Pauls Crosse the use hath been heretofore) then a bad one under the shelter of a seeled or leaded Church-roof.

2. As it would go ill with Religion if the choice of Mi­nisteers were to be swayed by the choice of the generality of Parishioners, or the major part: so we fear it would not [Page 18]go very well with it if there were an absolute power in the generality of Patrons, to Place what Ministers they please over our Christian Congregations, and to displace them at their pleasure, Theresore

5. As we would not have the Patrons power absolute, es­pecially not so far as to be able to displace an able and wor­thy Minister set over a people by publike authority, so we would not have the rude or irreligious Rabble, to interpose in so pious an interest, nor the godly (who are best able to judge) waywardly to contest with the Patron, when he proposeth such an one to them as neither by lack of learn­ing, utterance, diligence, and godlinesse of life, is liable to exception. Nor would we have such a Minister to sleight the favour of the Patron (because he is placed by a power fu­periour to his) but rather by all ingenuous observance of him, and respect unto him, to endeavour the obtainment of his consent to his settlement, and his countenance and his pro­tection in the execution of his calling.

And that Patrons may be more free from desert of com­plaints against them then many heretofore have been, we wish them to take heed of taking gain for godlinesse, as some do, 1 Tim. 6.5. and rather to think godlinesse is gain, as the Apostle would have them, v. 6. and then they will not (for filthy lucres sake) make sale of that which should be freely given. The Emperour Alexander Se­verus (no professed Christian Christo Templum condere voluit, cum­que inter Deos recipere, cumque Christiani qui locumquendam qui publicus fuerat occu­passent, & popinarij dicerent sibi eum deberi, rescripfit, melius essc quomodocunque illic De­us colatur, quam locus popinarijs dedatur. Bueolz, Ind. Chron. ad An. 224. p. 171. though a favourer of Christ and Christian profession) would not allow of the Necesse est ut qui emit vendat, ego non patiar mercatores potestatum, quos si patiar soudemuare non possum, erubesco enim punire illum bominem qui emit & vendit. Elias Lamprid. de Alexandr. Sever. part. 3. Hist. August. p. 376. Edit. Boxborn. sale of secular offices, lest they who bought their power by whole-sale, should sell their consciences by retail in the exercise thereof, wherein the injury could be but (as the office was) secular (relating only to the bodies, goods, or good name of another) but buying and selling spirituall offices may produce so much worse effects as the things are the better and more precious (the glory of God and the souls [Page 19]of men) most prejudiced by such Simoniacal merchan­dise.

Therefore Patrons should do well, to take the good counsel of h M. Hooker (though no Precisian) he cals it a Request and most earnest Suit, in these words, That they who have a Right to Patronage, have power to present to spirituall livings, and may in that respect much damnifie the Church of God (for the ease of their own acccunt in that dreadfull day) would some­what consider what it is to betray (for gain) the souls which Christ hath redeemed with his bloud, what to violate the sacred bond of fidelity and solemn promise given (at first) to God and his Church, by them from whose original (together with the self Title of Right) the same obligation of duty is likewise des­cended.

This grave and godly advice as it behoveth all Patrons seriously to consider and constantly to practise, so it laieth so much the greater Engagement upon Academical and Collegiat Patrons, as the In case of recusancy, Popish Pa­trons (during their recusancy only) are disabled to present or grant any avoid­ance of any Churches or Ecclesiasticall Livings after conviction. cook 10. Rep. P. 55. and their right of presentment granted to the Universties of Oxford and Cambridge. 3. Idcob. cap 5. cited by M. Prinne de iure patron. p. 18. greater trust is reposed in 'them, and as they have the more choice are better able to judge, and are more obliged to look directly to the gracious and glorious ends for which the Ministry is ordain­ed, and for such Patrons though here­tofore (conferring Benefices rather by tale of years then weight of parts) they too frequently sent forth unworthy men to take upon them tae charge of souls, yet in the worst of times they were seldome guilty of the sinne of Simony (as most other Pa­trons were:) but now there is lesse fear of that, and more hope that for time to come collegiat presentations will be swayed not by seniority but sufficiency, and not by Learn­ing alone by Religion likewise, not to deprive a people of a good Minister when they have one, but to supply them with a good one when they want, not by meer imperious impo­sition upon the people, but by a Christian and courteous compliance with their good likings, when just and rea­sonable things will give them content, and so it will be [Page 20]matter of great advantage to the Church, that such pious, judicious, and meek-spirited Patrons be still continued in their trust.

SECT. VI.

The Conclusion briefly recollecting the chief contents, of what is before more largely delivered.

1. IF the Parliament, professing and acting Reformation of matters amisse in Church and State, be justly to be re­puted more circumspect and carefull, what Pastors they set up over Christian Congregations, then ordinary Patrons may reasonably be presumed to be.

2. If when the Parliament hath made a good choice of a Pastor for such a people, and they have accepted of him, and are desirous to have him continue with them, they should not be deprived of him at the will and pleasure of one man.

3. If the Minister appointed to officiate by the Parlia­ment be exposed to the hatred of the outed Minister and all his party, and to all the injuries and indignities they can do him, for his faithfull and constant cleaving to the Parli­ament, and for his conformity to their Ordinances against sinful prophanesse and superstitious formality.

4. If when the Sequestred Minister dieth, the thrusting out of such a one by the Patron that he may put in another whom he pleaseth in his place be to give him up to misery, among them that hate him, and to make him the principall mourner at his chief enemies death, and this to the grief of the godly, the rejoycing of the wicked, and to the great Reproach and Impediment of the Reformation pro­fessed.

5. If the primitive Christians (of the purest times) made the choice of an Evangelicall Minister not a matter (meerly or principally) of humane management, but one of the chiefest businesses of Religion, to be guided and ordered by [Page 21]an especial providence of God, and that to be sought for and obtained by praier.

6. If for many hundreds of years after Christ the Church had no such presentative Patrons as in later ages have born all the sway, but that matters of common concernment in the Church (as the choice of a Minister is) were to be carried on by common consultation, and as much as may be also by consent.

7. If when Patronage began, such only were rightly so called and accounted, as were Founders of Churches, and enowed them with competent Revenues, or were (some way or other) great benefactors unto them.

8. If the office of a Patron be to be carefull to supply a Congregation with a good Minister, when there is want of one, and not to deprive the people of a good one when they have him, and by all good waies and means to uphold and countenance him in his office, and to maintain the Rights and Priviledges of the Church committed to his care.

9. If a Patron may not sell either a presentation or an advowson, nor make any secular advantage of his Right or Trust, as a true religious Patron will not though he might gain never so much by the bargain.

10. If Suspension of a Patron from one turn of present­ing only at the death of the former, may be recompensed by permitting him to present at the death of the later In­cumbent, and that in all likelihood by a speedier return, when an ancient man is placed in the room of a younger; or if (without such compensation) one turn were wholly lost to him, the inconvenience were nothing so great as the mischiefs sore-mentioned on the Ministers part, and theirs who are interested in him, if he should be ejected, because it is the Patrons pleasure to have it so.

11. If the Prevarication of divers particular Patrons, and the abuse of their power and trust, have been such in this Nation (especially by the sinne of Simony) as to need severe Laws and Ordinances to restrain it.

12. If so many, set up for Overseers or Watchmen for [Page 22]the safety of souls, by such Patrons (though all were not such, for divers were rather unhappy then ungodly in the choice of their Clerks) deserved to be put out for insuffi­ciency, idlenesse, scandal and disaffection to the Parliament, and those whom they have sent to succeed them in their places, continue constant in the duties of their callings, both general as Christians, and particular as Ministers, and as Subjects to the Supream Governours of this Nation; Then we trust that their wisedom duely weighing all the premi­ses (which before have been proposed and proved) will con­conclude our Request to be reasonable, and their goodness will resolve to take us so farre into their honourable and powerful protection, as to secure us in our Incumbency while we live, and endeavour sincerely and conscienciously to discharge our duties to God and his people, from the reward of such as like unsavoury salt deserve to be cast ont, and to be trodden under foot of men, Mat. 5.13. which though we conceive no Patron (who can justly challenge the Ti­tle, and truly persormeth the trust of a Patron) will think us worthy of, yet since we have no ground of hope that the most are such as they should be, we may have just cause of fear lest it may be the lot of divers among us to be hard­ly dealt withall, if we fall into some of their hands (spe­cially theirs who in their Principles and practise as farre as they dare, are as opposite to the present Magistracy as to our Ministry) for of such we may expect to suffer both for their sakes and for our own; Sure we are we have the more enemies, and our enemies are the more spightfull against us, and more ready to wrong us by all the waies they have in their power (as in part we have touched in our Pe­tition,) Because

  • 1. We adhered to the Parliament, while they so farre as their power and courage carried them, opposed it, and obeyed the authority thereof in submitting to such com­mands as are rather conformable then contrary to the Word of God, which they deny and disobey as boldly as if the government that is over them, had nothing to do with them but to protect them in a priviledge to say and do what they please.
  • [Page 23]2, We do not admit of such promiscuous Communions as make no difference between the clean and unclean, as there should be Eze. 22.26. to which confusion the common people have been so accuftomed (especially at Easter) that they think we do them more wrong in denying them the Sacramental bread and wine at that time (though for grosse ignorance or open scandall) then they can do us though they defraud us of our dues throughout the whole Year.
  • 3. We do not officiate by the Service-Book, which di­vers of them so much dote on, that we fear it would offend them more to be deprived of it then if the Bi­ble were taken from them.
  • 4. We are more strict in our doctrine and practise, concer­ning the Sabbath, and other points of Christian piety, and are more zealous against the Superstitious and pro­phane observances which meet together (though o­therwise opposite) in their unchristian Christmas Re­vellings then our Predecessors have been.

By all which as we are made the objects of a deeper de­gree of hatred by our advesaries, so we hope (for the same causes) we shall be accounted the more capable of his Highnesse and the Parliaments compassion for prevention of that evil which may befall us if we survive our Prede­cessors, and succeed them not in the favour of the Patron, to settle us where (by authority of Parllament) we were formerly placed.

The Copy of the Letter mentioned in the 4 th Section at the Letter (t) in the margine of the 2 d Alphabet.

Right Honourable, and my very good Lord,

I Shall first desire to represent my most affectionate and humble sence of the favour your Lordship sheweth me, and of the honour you do me, in that (at so little leisure as your many and weighty affairs will allow you) you are pleased not only to bestow so many lines upon me at once, but in them both to instruct me what to think, and hope of our present Optimates, and to chear me up in my many con­flicts with the Pessimates of these; by a promise of more frequent exchange of Letters with me in time to come: Though I shall not be so presumptuous (in taking your word) as to expect a commerce with you (in this kinde) upon even returns, but only as it shall please your Lordship to take the occasion and make the proportion. Next be­cause you referre me to the Diurnals for common intelli­gence, I shall crave leave to present you with some thoughts and doubts I have concerning a report in the moderate, as the Authours miscals his News-Book of this last week, in the last page of it, which he delivereth in these words, An Act for Sale of all Ecclesiastical Promotions in the gift of the Crown, great Seal, &c. which was twise read and com­mitted; If he relate aright, somewhat (as I humbly con­ceive) is wrong, at least in the design of some, which if it should proceed to accomplishment (unlesse it be lessened with so many limitations as would bring it next to nothing) would east a greater reproach upon our Reformation, then could fairly be cleared by the most able Apologist; for the Sale of Ecclesiastical Offices is condemned by Scripture, by reason, by humane constitutions of all sorts, by the godly in all ages, and the better sort of both Religions, Protestant and Papist. In the Title of this Act (as this man sets it down in contrary terms of sale and gift) there is the con­fession of a fault (at least implicitly) and a profession (in [Page 25]ance) of a more corrupt administration of Ecclesiasticall matters then in the late Kings time, in setting that to open sale which hath been and should be bestowed meerly as a gift: there is something in our Laws I confesse (as your Lordship better knoweth then I) which permitteth the sale and pur­chase of Ecclesiastical Patronages, and of advowsons; and so they permit Duels, Pluralities, Non-residence, but I hope the abolition of such Laws will be a further degree of our departure from the corruption of Popery and Papal prelacy, and if the State will allow of such scandalous traffick (but I hope it will never do so) their next act must be command them that have bought Ecclesiastical Benefices to give them freely to those that are to officiate in the Church; as Dio­nysius Dionysius victoriolas aureas, & Pate­ras coronasque simulachrorum tollebant, &c. ferunt haee quae dixi sublata de fauis, in fo­rum protulisse & per praeconem vendidisse, exactaque pecunia edixisse, ut quod quisque a sacris baberet, id (aute diem certam) in suum quidque fanum referret. Cic. de Nat. deor. l. 3. p. 255. num. 63. when he had spoiled the Hea­thens Temples of their riches, and orna­ments, and had (by Proclamation of a Crier) sold them in the market, and received money for them, gave charge to the buyers to restore them to the Tèmples from whence they were taken, to which Edict the Orator that reports it addes this Epiphonema, Ita ad impietatem it Dcos, in homines adjunxit injuriam. Ibid. so to impiety against God he joyned injury against men, and how shall those two be separated in the sale of such things as (appertaining to Religion) should be freely given for Re­ligions sake? And if they ratifie their sale so far as to allow men to sell that which they have bought, that is a doubling, yea, a multiplying of the impiety, as oft as the alienati­on of such things passeth from hand to hand, which must needs amount to a greater guilt then of Dionysius; for he (for ought we finde upon record) offended but once in that kinde, and presently retracted the wrong done to Religion, by a Decree of Restitution of his Temple-spoils (though he restored not the money to them that bought them) as con­ceiving it to be a lesser crime to be injurious towards men then sacrilegious toward God, wherein in Thesi he did not erre, though in hypothesi (I grant) it was worse so to defraud men then to take away the goods from such Idol-gods, sup­posing [Page 26]he took them for meer Idols and not for true gods whom he robbed; Your Lordship (I trust) hath read thus farre with patience, since you know it is a service of duty and charity to do all we can to prevent the evil of sin, Lev. 19.17. I must now leave it to your Lordships prudence, to make such use of this advertisement as just cause and fit occa­sion may produce, hoping that if such as are wise espie any errour in this plain-dealing of mine, they that are also pious will overlook it, with liking of that sincerity which goeth a­long with it, and shall ever accompany both the dictates and endeavours of

Your Lordships most humble and heartily devoted Servant, N.Y.

It is probable this Letter might be some occasion, of put­ting to a non-plus this scandalous motion for the sale of Pa­tronages, because it was written to a person of a publique spi­rit, and of very eminent abilities, and of great authority, by whose means it is like it was stopped, for after the date of this Letter we no more heard of it.

TO THE Sincere and Pious Preachers of the Word of God, whether ordained Ministers or gifted Brethren (Expectants or Probatio­ners) for the Ministry of the Gospel.

Reverend and welbeloved Brethren,

HOw much and how many of you are concerned in the Contents of these Papers (now presented to the publike view) though I do not certainly know, nor have either minde or leisure curiously to enquire, I may probably guesse, that all of you (who have been ad­mitted to Ministeriall emploiment in divers Congregations since the deposition of Bishops) may finde your interest considerably touched in them, though in a different degree: and albeit it be our principal duty to labour uncessantly, preaching in season and out of season, 2 Tim. 4.2. that the Lord may be magnified, Psa. 35.37. His people and faithfull servants multiplied, that daily there may be added to the Church such as should be saved, Act. 2.47. yet is it neither unlawfull nor unbeseeming the office of the ablest and holiest Minister, by all warrantable waies, to secure his own condition and his Brethrens also (so far as he may be assistant to them) from unjust molestation, especially at such a time as this, when many so bestir themselves to reduce the Ministry to such a despicable poverty as may degrade an Evangelical pre­dicant into a Friar mendicant: To this purpose (besides the busie malignity of the Levelling spirit against Ministers in ge­nerall) there hath lately been discovered a new device of men (in other things their passionate opposites) against some Ministers in particular, viz. by a formality of Law, to eject those who were placed in sequestred Benefices, by Au­thority of Parliament: which of late necessitated M. Y. of K. [Page 28]in Leicestershire, to fly for refuge to his Highnesse the Lord Protector, and to the same Asylum, many more had just cause to betake themselves, not only for that they are liable to the like disturbauce but (besides that) to the perill of ex­pulsion upon the death of the outed Ministers, if the Patron please not to settle them in their places.

And this being the common condition of many Ministers of England, it cannot but appear very consonant to equity and reason, that they should jointly addresse their com­plaints and Petitions where they may hope to finde remedy, and our hope (at the time of the first consultation of some of us about it) was only in his Highnesse the Lord Prote­ctor, with his honourable Council; But now the Parliament nearly approaching before we have perfected our addresse in that way. we know not whether his Highnesse (were we as ready as we should be) would not transmit our cause to the hearing and determination of that venerable Senate, which if he did we should have the better hope of good successe in our suit, if withall he would vouchsafe (upon our hum­ble Request) to commend it with favour to their conside­ration.

In this and other particulars of importance your Brother and Servant (the penman of these rather serious then cu­rious dictates) would gladly be advised by you, and had ra­ther be guided by your Judgement (if he might be so happy as to know it) then offer to leade you by his own; yet con­ceiving a businesse of this nature cannot advance to the con­sent of many, if it do not commence from the motion of some one, having waited a good while, and as yet in vain for an inceptor to set it on foot, whose footsteps I might fol­low, and fearing that the longer we delay to Petition for fa­vour or justice, the more prejudice may grow against our prevailing therein, as in the case betwixt the Israelites and A­morites, Judg. 11.26. (though in a different proportion, ac­cording to the time of forbearance and silence) and not knowing for how short a while I may have opportunity to serve my generation; I thought it was my duty now to do something in this kinde, and to present it to you (my Bre­thren) [Page 29]for your animadversion or approbation (as you think most meet) I am not so sond as to imagine that in these daies (wherein dissenting conceits make many like beads dropt from a broken string and running out severall waies one from another) that all whom I desire to gratifie by mine endeavours herein, will be ready to entertain it with equal acceptance: that were to expect a miracle, like that which is written of mauna in the book of Wisedom, c. 16. v. 20. viz. though it were but one kinde of meat, it was able to con­tent every mans delight, agreeing to every taste, or like that language which (though but one spoken by the Apostles, Act. 2.6.) So in the Annotations of the Old Bible (called the Bishops Bible.) became the same to every hearer, which he understood (as some by Greg. Nazian. Orat. 44. in Pentecost. Tom. 1. p. 715, 716. different pointing give the sense of the words, though by a right point­ing of them ( Non inscite dixit eruditus quidam, ap­tam distinctionem Commentarij genus esse. Erasm. de Recta Latini Gracique sermonis pronunciat. p. 63. which in some cases ser­veth instead of a Comment) the mean­ing be otherwise, so farre otherwise, that it is a Relation no lesse then ridi­culous, which the Papists give out of Francis Xaverius the Apostle of the Indies (as they call him,) viz. So in the lives of the Saints gather­ed of Ribadeneira and Villegus, and pub­lished by Edw Kinsm. par. 1. p. 34. print­ed Anno 1623. That divers times it happened while he preached there, that men of di­vers Nations heard their own tongue in one Sermon; But from the diversity fore mentioned I may expect there may be ma­ny who have no minde to have a hand in this matter, though upon severall grounds, on which I will make no conjectu­ral descant that may offend them; I will now take notice on­ly of one rather doubt then Objection of some godly Bre­thren, which is, Whether it may not be thought an impeach­ment of the just Right and Priviledge of Patrons, to petition for our settlement by any authority but their own? But this was their doubt while yet they were acquainted only with the Petition it self, without the Reasons, Limitations, and Cautions annexed to it, and when they had read the Case stated, explained and proved, they confidently conceived there was no just cause by this redresse for any Patron (if competently qualified to deserve the honour of that deno­mination) [Page 30]to be displeased with us, especially since a good part of the plea which we make for our selves, is an Apolo­gy for them against those who would have their interest in the choice and admission of a Minister, laid levell with theirs who are of lowest rank (it may be also their Tenants or Ser­vants) in a Parochial Assembly.

Besides this (I confesse) some scruple may be taken at some particular relations, which are known but to few, it may be only to the writer of them, and perhaps to some mi­stakes of his the misprisions of the Printer may be added.

But for all that, the substance of the Petition and Reasons may be sound, and assent is required to no more, and if the Petition it self be held right, it will be no wrong to the rest to allow of it alone, yet if any one of better abilities will be pleased to undertake the cause, and carry it on in such a way as may be capable of more generall compliance, I shall ac­count it honour enough to be his forerunner, to prepare the way for his more gracious acceptation, by testifying of him, as John Baptist did of Christ (though neither of us both be worthy to be compared to either of them) He that cometh after me is mightier then I, Mat. 3.11. and both of us may be more likely to prevail then one alone, though if my self should come out single without any attestation (which yet hath not been my lot, albeit I have been thrice before now put upon such a service as this in the way of printed publica­tion) it shall not discourage me, since as my chief aim hath been to promote the glory of God and the common good, not only of my contemporaries but of the generation to come, so have I (in the present addresse to the superior pow­ers) sincerely directed my course to the same port with the lesse looking at mine own particular, though in some re­spects my case be the same with many of yours, because I want not fair hopes of the lawfull favour of potent friends, to winde my self (single) out of the personal sense of our principal aggrievance; which if it should fail I may finde an­other of you. But the Apostles description of Charity by this property with others, that it secketh not her own, [Page 31]1 Cor. 13.5. Verba non quaerlt quae sua sunt, sic intelli­guntur, quia communia pro­prijs, non pro­pria communibus anteponit. Estius in 1 Cor. 13.5. ex. Aug. that is, preferreth a common before a peculiar good, not è contra, both enjoyneth and enclineth me to joy more in the sociable participation of a publike benefit with the rest of my Brethren, then as a private favour to obtain a grace or indulgence for my self alone. This is the minde of him who heartily praieth to God for you all, that in all ne­cessary points of faith, piety, and charity, you may be of one accord, of one minde, Phil. 2.2. that you may speak the same thing and be perfectly joyned together in the same minde and the same judgement, 1 Cor. 1.10. and while thus you live, love, and joyn together (as Brethren) God will own you as his children, and if children then heirs, heirs of God and joyut heirs with Christ, Rom. 8.17. in this high, holy, and happy communion, it is his only ambition to have a share with you, who while he lives resolveth to remain

Entirely yours, In all the offices of a loving Brother, and humble Servant, Philotheus Philomystes.
FINIS.

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