THE TEST OR TRIAL OF THE Goodness & VALUE OF Spiritual-Courts, IN TWO QUERIES: I. Whether the Statute of 1 Edw. 6. 2. be in Force (against them) at this day, Obliging them to Summon and cite the King's Subjects (not in their own Names and Styles, as now they do, but) in the Name and Style of the King's Majesty (as in the King's Courts Temporal) and under the Seal of the King's Arms? II. Whether any of the Cannon-Law, or how much of the Cannon-Law is (at this day) the Law of England, in Courts Christian? Highly necessary to be Perused by all Those that have been, or may be Cited to Appear at Doctor's Commons. By EDM. HICKERINGILL. The Second Edition, Corrected. LONDON: Printed by George Larkin, for the Assigns of the Author, and are to be Sold by most Booksellers. 1683. Suavi Devinctissimo Sodalitate Amico meo, A. B. Utriusque Juris Professori. AEGre jam Quaestionum istarum, quas floccitatis meae Disquisitioni (Desiderii tui in me non acuminis Indicium) tanta voluptate subjici gestivisti Jugiter, Tandem, non sine Ingratae Invidiae Subsequentis Intuitu, Luce (ut omnium Provocet) examen gaudet Impetratum. Quod cum Ecclesiae pace Profertur nostrae Indigenae, bonorumque Auspiciis, Bono Publico Pacisque Communi consulere, Dominationi saltem vestrae (ne dicam) omnibus (quorum non sunt aures veritati clausae) Conamen nullus dubito pergratum. Palamque in otio meo & sollicitudine (quam non languere patior) omnium Intuli oculis, ne versutior & callidior & hoc tanto▪ Invisior & suspectior (nec interea temporis mihi, Patriae, aut Ecclesiae defuisse) videar. Praesagienti verum animo, non sum nescius quam diversa sunt hominum studia, meque in tempore non magis opportuno quam difficili haec disserere (Haud enim is sum qui definiam) Impedito quidem (quid mirum?) scribendi stylo non tam prae literarum impotentiam solummodo, quam prae glissentem Indies Invidiam & lascivientem in hominem, umbra & recessu abditum & Turbarum Contumeliarumque nuperarum non Insolentem; sed an majori Justitia an Procacitate apud Posteros Judicium esto. Obganniant interea loci & pro consuetudine detrectent perfrictae frontis rabulae: Tales etenim, ut malitia convitiisque. coram vel clanculum desistant, ambire vanum habeo. Nec tot adversis Impar gravate processus eorum Renuo; nec hanc Perperam, sed Fide (uti Spero) spectata Capessui Provinciam Hic tamen seqvor Eminus (nec inhonesta cautela) Vetatem, in Tramite verum (uti par est) licet non ad Calcem (quod aiunt) Temeratam. Hic namque Veritas non tum limatur quam ad gustum Communem accommodatur Oratio. Ideoque Disputator non tam Subtilis quam pro re Nata dulcis parumque Vehemens (quanti quanti sit Veritas vendicanda) Pacis Colendae causa haberi videar uteunque. Londini Tertio Iduum Januarii Anno Salutis. 1682/3. Reverentiae Vestrae Addictissimus, EDM. HICKERINGILL. The TEST: OR, TRIAL of the VALUE and GOODNESS OF SPIRITUAL COURTS Querying 1 Whether the Statute Anno ay Edw. 6. 2. be in Force, against their Ecclesiastical Proceedings at this day. CHAP. I. THis hath been an old Question (and never, as yet, Judicially determined) and therefore cannot be accounted a bold Question: much less is it moved unseasonably. Men that pass quietly by, making no noise, but, covered 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 challenged by the watchful Sentinels, or of being forced to stand and tell who they are, whence they came, or whither away; But if they make a bustle, and a disturbance, It Alarms Examination to pry into their ways, and to inquire whether they have a Lawful Passport from God, and the King, or from one of them. Time was, when Ecclesiastical men did their business, and carried on the Money Business (not very unsuccessfully) but without noise, hanging down their heads when the Register went to Church accompanied only with (his two drudges) The Surrogate and the Summer; then calling a Court in haste, and with a greater haste adjourned, before the naughty boys and rabble had notice, or could rouse themselves to Hiss at them, getting as safely as secretly to their Lodgings, where picking up a few groats amongst easy Churchwardens, nibbling it Procuration money, and Visitation money amongst the Parsons, (that for fear of a worse turn, delivered 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 lined in Body and Pocket) marched away as cheerfully 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 situated 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 Privileges and Temporal Liberties, Birthrights, and Franchyses as Englishmen; of Votes, Elections, and Benefits, as Citizens, Free-Demzons, and Freeholders'; of their debts, and all benefit of the Law, as Creditors, Witnesses and Jurymen; and of disposing of their Estates, by Will and Testament, as Testetors; no wonder if it roused Examination, to inquire whether the Lightning be composed of culinary fire and Kitchen-stuff, rather than of Heavenly Rays; 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, etc. contrary to and in Defiance 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 groundsel, whether all be sound and right at the bottom, when such Ruins 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 pity 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 Wellwisher 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 useful and serviceable to the Commonwealth and public good: Even so, The wise Statesmen have made such excellent Laws against Oppressors, Extortioners, Promoters, Suborners, Common Informers, and the like Animals (that rend and tear the King's 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 public but himself also; and deserve well of his King and Country. For who can, without great Regret and check of Conscience, connive at, much less Countenance such public Scandals, Oppressions, Grievances, Offences and Delinquency's? Did our blessed Saviour or his holy Apostles curse them that refused to pray with them, or refused 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) called for fire from heaven to consume those that rejected them, (as Elias did:) but our Redeemer presently Rebuked 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 Jail, 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-denial, (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 Politicians 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 Jailers, Hangmen 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 confessed 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 Soul's 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 pinched of their Liberties, or pinched 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 Council (against all the Judges) confessed judiciously, where their great (sampson's) strength lies 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 King's name, must all be illegal, and consequently all Capiesses and Imprisonments thereupon, Illegal, and ill grounded; Therefore no wonder if men concerned do stand up stoutly to keep this Law down, (For if it rise up in Judgement 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 concerned them to hush it down, when it seemed to rise up to fright them by being unloosened primo Jacobi, having long been fettered 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 lie for the matter? especially in a case so plain and palpable? We are all agreed that Commissaries, Officials, Proctors, Registers, Summoners, and all that drive that Sell-Soul Trade, are not found in God's Word. If therefore it shall appear (before we have done) that they are not of the King neither, prithee 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 King's Judges that (only) 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 charged with breaking the King's Oath, (thereby) as well as their own; put have had their Necks broke at the Gallows, 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'll 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 Reformed indeed the Monasteries into his Pocket, but lived and died a Zealous Papist. CHAP. II. ANd if in handling this Serious and Solid Argument, The Reader happen to meet with an Angry 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 pondered, 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 Precedent; recommending the plain down Right Arguments of Law (in his Institutes) by Interlacing them with Poetry and vivid Humanity, therefore rendering them more Amiable 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 Cook's Phrase) will Lard my discourse, where I list. And though I have not the skill to do it Cook-like, I hope, not Slovenly, 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 man's Gusto, but, if they readily and naturally come to hand, and but pleàse my own palate; be they salt, bitter, or Tart; no matter, though they disrelish a dull Phlegmatic or Insipid 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 Diet? 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 ungrateful Work to my hand (but the Drug and slowest Sailer of the whole Fleet usually carries 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 King's 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 Timorous and wary, that though they thereby get only Polephemus his Mercy▪ to be one of the last that shall suffer, staying only to see their fellows executed, yet they are ●oth to come into the Lists to try the Adversaries strength, wanting that which is one of the four Cardinal Virtues, 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 Mathematics, 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 Lubbers have more Strength than 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 Cloister mounte● into the Holy-Chair; To whom, amongst others, came to visit him an old C●●rade of his, a Franciscan Friar of the same house, in his old Cordelier's Treasure of times. habit▪ which the Pope liad newly thrown off. Glad was the Pope to see his old Comrog— not so much for the Friar's sake as his own; That his Quondam Brother might behold his Glory, and the Splendour of his Equipage in all his Pontisicalibus: To which purpose, the Pope concealed nothing of his stately Pride and Pomp, but showed the poor Friar all his Precious stones, Chambers of State, Thr●nes, Mitres, Jewels, and Robes, not omitting the Golden Slippers that Enshrined his sweaty Toes and Corns; at last, showed him his vast Treasures, a vast Mass of Gold and Silver heaped up together: (as who should say) Brother that was! The Game is altered 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, (Replied the Friar) Nor can you say (as he did) to the sick of the Palsy, (Lame and Impotent People) Arise and Walk. This bold Answer lost the poor Friar a Cardinal's Cap, and a pair of Lawn Sleeves, which the Pope had laid out and designed for his old acquaintance, in remembrance of many a Waggish- prank they had played together in the Monastery; but this Plain Truth spoiled all, and the Friar 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 Friar that his Holiness did not jail him, for so much Honesty and naked Truth. Though the Wise and Wary▪ The Time-serving Tantivees and the Timorous; will join together to condemn the poor Friar for a fool, that had so little wit as to lose 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 tossed me, (not wracked 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 King's Subjects, in defiance of the Laws, as I can cheerfully 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 myself into their hands, if it be but for an experiment to try how much Ecclesiastical Clemency is improved 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 always hitherto have (and always 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 man's 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 defiance to the Law, or vexed the King's Sub●●●●s in our own names by vexations, Citations and oppressions, Excommunications 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 enemy's clutches though, For I think, I know sufficiently what Ecclesiastical Clemency is, if they get a man at their mercy; women and timorous 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, cried out there for help, against me, I could have dealt well enough with them till they had been Tired, nay, They knew it as well. But no more of that at present, for their business was never so fully and completely 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 judicial, at the Common-Law; And that the Teste thereof be in the name of the Archbishop or Bishop, or other having Ecclesiastical jurisdiction, who hath the commission and grant of the Authority Ecclesiastical immediately from the King's Highness; And that his Commissary, Official, or Substitute exercising jurisdiction 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 jurisdiction, shall have from the first day of July before expressed, in the Seals of Office, The King's Highness Arms decently set, with certain characters under the Arms for the knowedge of the Diocese, and shall use no other Seal of jurisdiction, 〈◊〉 wherein his Majesty's Arms be ing●●●en, upon pain that if any person shall use Ecclesiastical jurisdiction (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 King's name, or use any Seal of jurisdiction, other than before Limited▪ That every such Offender shall in●●●● and run in the King's Majesty's Displeasure and Indignation and suffer Imprisonment at his Highness' will and pleasure. Now, what is there in all this that should make a man loath to act in the Name and Style and Seal of the King's 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 King's Common-Law Courts) run in the Name and Style and Arms of the King's Majesty? Edward 6. was the first Protestant-King since the Reformation; For though King Henry 8 (as I said) Reformed the lustful Monasteries, yet he neither reformed 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, expressly 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 hazard? And how ready, alas! are such as think Lordships, and vast Revenues, and domineering power the Churches, only Felicit●●s) to Reproach and Scandalise (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 King's Reign, was this that we are now considering, (except one only concerning the Blessed Sacrament, and receiving it in both kinds, 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 Edward's Reign, could the Prelates be persuaded 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)▪ revived 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 Loosened (by Repeal of 1 Mary 2. in and by virtue of the Statute prim Jacobi cap. 25.) It was thought to be revived 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 considered the Prejudice that might redound to the King's Subjects if some Dioceses 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 Majesty's 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 Hushed 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 drowned them) so men that are plunged into a Necessity to hold the Conclusion, they are very willing to gain it, upon any Premises, 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 expressly and by name repeal 1 Edw. 6. 2. And indeed if it had not expressly and by Name repealed it, It could never have been repealed, if, (what Lawyers say) be true; That no Statute can be Repealed but by another Statute, and that expressly 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 oily glib tongue use his skill, and he may with Strains of wit, and stretches and Inferences and far-fetched 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▪ Tottering 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 Lawmakers, when they enacted and made a Statute. And this is so clear a Truth, and evident to every man that has but common sense, 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-fetched 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 oily Mouth. If we cannot find 1 Edw. 6. 2. repealed 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 denied, namely, that the same is expressly 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, Vigour, and Splendour. 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 considerations and that they were surely sore put to't for shifts, that made them of such over- 〈◊〉 〈◊〉. CHAP. IU. FOr how (in the name of Prudence) could it enter into the thoughts of wise Legislators, to kill a dead Horse? Could the Parliament intent 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 Traitors, (Estates in Tail being not by the Statutes (31 Hen. 8. & 33 Hen. 8.) by name given to the King, yet) also Estates in tail why? because there being but two sorts of Estates of Inheritance (namely in Fee, and in tail) and the Estates in Fee of Traitors being forfeit and given to the King by the Common-Law, Those Statutes shall not be presumed 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 Style 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 Expressly 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 jurisdiction of the Arch bishops, Bishops and Ordinary to be in the same state for process of Suits, 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 jurisdiction 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 Suits, Censures, etc. In the 20 of Hen. 8. And yet the manner of their Processes as to the Name and Style 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 Archdeacon, sometimes in the name of the Vicar-General, sometimes in the name of the Official, etc. Therefore this far feched Inference (strained and stretched) 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 Pope's 〈◊〉, Supremacy, and re-establishment might well enough 〈…〉 i'th' 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 enjoins His Majesty's 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 than he did, so terrible than were the Prelates, looking big and formidable in their High-Commission-Court and Starr-Chamber. Otherwise, a man of his sense and acute reason could not have talked (as Coke 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 Majesty's Subjects in cases of great Importance, and to the Scandal and Impeachment of His Majestics Justice, etc. For ●le secure the Scandal and all the dreadful Consequences, before the Reader has turned 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 bottom (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 lose 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 affis 〈…〉 warps. But a Statute may by express words, in after-Statutes, be repealed in part and in a Branch, and not always in the whole; as is easy to instance in many Crowding Precedents. And, Coke says, the Archbishops 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 revived by King James his repealing 1 Ma. 2. if the Lord Coke say true. For Queen Elizabeth had secured his and her Bishops by reviving her Father's Act concerning Bishop-making, in these words; And at every Avoidance of any Archbishopric, Bishopric, 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, etc. containing the Name of the person which they shall Elect and choose, etc. A pretty kind of Election! for they shall neither will, nor choose, 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. Bishop's 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 owe 〈…〉 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, etc. 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. revived, namely, in 〈◊〉. Chart. p, 686. these words. And further it is Enacted, that every person chosen, Elected. juvested and consecrated Archbishop, or Bishop, according to the Form and Effect of this Act etc. shall do and execute in every thing and things touching the same, as any Archbishop or Bishop of this Realm, etc. might at any time heretofore do. Thus the Lord Coke recites that Branch of the Statute, with greater prevarication than became a man of his Ingenuity, which herein far surpassed 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 ita 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 withal, that it was a Pity he should ever have come there. As the Learned Coke does quote the Statute, Archbishops and Bishops may, nay, they ought to say Mass, baptise our Bells, spit in our children's mouths when they baptise them, and a thousand idle fopperies 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 Cook's 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 Archbishop 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 losing 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 Archbishop or Bishop of this Realm, without offending the Prerogative Royal of the Crown and the Laws and Customs of this, Realm, might at any time heretofore do. Which clause (by Cook) wilfully or weakly omitted and left out, quite altars 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 King's Arms, because it is contrary to the Law and Statute of 1 Edw. 6. 2 And those Arms are usually Papa in Cathedral▪ as 〈…〉 of my Court in the Soken of Essex, is the Mitred Pope sitting 〈…〉 Chair; so that (still I say) The King's Arms engraven in all Cour● 〈…〉 ●, would be a good Recognition that all the Ecclesiastical Co 〈…〉 His; and He Head of the Church; as the Pope's Picture (of old)▪ ● Court-Seales, (with the two Cross-keys in his hand,) did seem 〈…〉 Pope's 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 expressly 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 buried before by 1 Mar. 2. CHAP. V. THis Beloved Statute than is got loose from the pretended shackles that Philip 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 Archbishop or Bishop to transgress any Statute already in force, much less any Statute that should come to be in force after Queen Elizabeth was dead and buried. Which is the very case here; For had Queen Elizabeth, as Queen Marry, (or any other King or Queen) by name (expressly.) 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 Philip 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 Revived; 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 threefold Cord, easily appears and Breaks loose; from any Tie 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 advantageous to the King's 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 Archbishops or Bishops ought to have used their own names, Styles, etc. 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 seemed 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 revived 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, etc. that all their (the Bishops) Process and Proceedings being in their own Names, Styles, and Seals, (where by the said Act they ought to have been in the King's Name) and under the King's Seal were all unlawful and void. (Ay!) And to prove that the said Act of Anno 1 Edw▪ 6. was n●w in force, They alleged 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, consequently 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 denied. 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 men's Process against Mr. Wealds, because their Process against him run in their own Names, & sealed with their own Seals, and not the Kings-Arms. But, because Sir William Scrogs nestled, and nestled, and Scratched 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 prepared 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 urged 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 revived 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 cracked Groats from a poor fearful Churchwarden, (rather than contend with them) and some such little business, most men past them by through contempt: As not deigning to trouble themselves with meddling with them; though in that little they did, They oppressed (and still do oppress) His Majesty's Subjects most impudently, by extorting excessive Fees, in despite and defiance 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 puzzling myself by studying Ly●●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 defiance of the King's Laws, and refuse to use the King's Name, Style, and Seal, in their Processes Ecclesiastical, enjoined by the Statute: I have been in Popish Countries, and there I have seen a Crew in many things like them. But, (God knows) we Protestants do unanimously declare against Implicit Faith, and yet, the Ecclesiastical Jurisdiction, from the first Citation to the end, namely to Excommunication and the Jail, is much carried on by Implicit Faith. For the Judges believe the Bishops Significavit, and Archbishops 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'll soon resolve these Riddles; and (also) not admit palpable Simony and Hypocrisy, to Provoke God's Wrath and Judgements upon the Nation, by making holy Ordinances and Ordinations vendible, and Gospel-Keys (of binding and losing) (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 Politic, Carnal End) eats and drinks his own Damnation; and he that opens and shuts Heaven and Hell-Gates, binding and losing, using the Holy-Keys unworthily (that is) for low, politic, 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 Uniformity 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 hushed and lulled 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 observed) 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 Insolence Coke 2d. Instit. p63. of theirs much alike to what has been heard of in other cases; namely, under a Religious Pretext to meddle with men's Franchyses, Charters, and Privileges, as Englishmen; 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 venom 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 afraid of nothing so much as that some should conform, and consequently be capable of as many Privileges as the Debauchee, or profane 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 Emperors 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 Horror of Nero's Visage is by Suetonius rendered so tremendous Suet. Nero. to behold (after he vented his Cruelty upon the Christians) that it would make a man's Hair stand on end, to view him, extantibus vigentibusque oculis usque ad horrorem visentium, with ghastly Looks and frightful Eyes striking Horror in all that saw him; such was the Fate of this Persecuting Atheist, Religionem usque quaque Aspernator, as Suetonius calls him; a Contemner of every thing that looked like Religion. And such are the brood of Simon Magus, that make use of Religion (which is intended for the Salvation of men's 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 adored and Reverenced (forsooth) But, he did it, by juggle and sleight of hand; but, the Son's of Eli and Symonists, (like Ghosts long enured to walk) appeared at Noonday did take purses before men's faces, Swagger, Curse, Anathematise, Damn, & bluster; In good time they were charmed 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 contemptible, than a sneaking, perjured, Hypocritical, Ecclesiastical Property of State. What more Ridicule, than 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 Guise 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 bigoted Fop (old or young) throng and crowd to kneel for the benediction of an empty Palm, or Lecherous and Simoniacal Clutches. Whilst the gaudy Hypocrite smiles in his Py-bald Sleeves (The Trophies (possibly) of Smock-Simony, Pandarism, 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 lie 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 only 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 Devil's Prime-Tool, and the Jailor's best Friend, and thereby (also) the Queen's greatest Enemy, and the best Friend that her Protestant Successor found. For there was never a poor Soul that Bonner delivered to the Devil and the Jail, but lost the Queen a Thousand hearts; all which her Protestant Successor found ready Pressed for her Service. For a Prince that, by ungrateful methods, has lost the hearts of the Generality of his subjects, has lost his best Lifeguard 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 cracked, no body will trust them. This was too evident to Queen Mary, who contrary to her own natural Tenderness, was pushed 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, (only to uphold their Spiritual-Tyranny, Pride and Pomp) she, by losing her People's hearts, broke her own, more than did the loss of Calais, or the coldness of King Philip's affection towards her. All this wrought well for her Protestant Successor, whom the major part loved and longed for, wishing only for an occasion to show their devotion. Nor does the Allseeing Providence long adjourn such occasions, as here fell out, by the Queen's sudden and unexpected death; Oh Monstrous! To see how Bonner looked then, and all the little gang of Politicians! The Queen's death breaking the heart of Cardinal Pool, who died three hours after he heard the news; though some think that sorrow alone, (without some other drug) could not have dispatched 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●● says) 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 Spaniard by losing him the Low-countrieses, 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 fight against the King of Consciences: Let Atheist go on, as Bonner did; there was no persuading 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 hanged 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 Boy's 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 accomplished Persecutor. He being not only the Queen's Puppet, but the Queens * Aprodigius Canon so called. Pocket-Pistol; for he was the Roaring-Megg of mischief, thundering out his anathemas and Excommunications, Damm'em he cried, or else, take them Devil! If they were Dissenters from Popish Superstitions and happened to be cited to his Spiritual-Courts, and yet he looked 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 Sepulchre, 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, called a Fool; being a mere property of State; and the very Compound of Malice and Nonsense, 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 Bonner's Picture in the foregoing Chapter. You may see the Bishop's 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 lived. 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, Simony, and Extortions; wherein they are far less justifyable than vile Bonner. Oh! Does our Bible's teach us Simony, 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 God's 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, etc. and contrary to our Oath against Simony? or selling or purchating God's 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 hushed down and laid, after the too Lord Chief-justices, could not deny but it begun to be revived and walk again, since 1 Jacobi, To the great Terror of the ruling Priests, Commissaries, Officials, Jailers, Registers and Summers; for 〈◊〉 Trade seemed to begin to fail, but for one main Argument, or Cord that seemed to bind it down again, viz. Object. It would be great Scandal to the King's 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 noisome, more Dangerous, and more difficulty cured, by Continuance. Did ever any man plead for the Expediency of an Ulcer 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 threatening (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: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (or Scandalum,) is a Greek word, and it properly signifies a Threshold or stumbling block, and (Metaphorically) all things that offend (or lie 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 Congee Deslires, and Elections thereupon, which 1 Edw. 6. 2. says, are in very deed no Elections, but (mere) Colours, Shadows, and Pretences of Elections, serving nevertheless to no Purpose, and seeming also Derogatory and Prejudicial to the King's Prerogative Royal, etc. Is the King's Supremacy and Authority Ecclesiastical best asserted and avowed by his Name, Style, and Arms, in all Writs, Original or Judicial, in Ecclesiastical-Courts, as well as they are in Temporal-Courts? Then why should not Prelates and their Ecclesiastical Courts, conform themselves, and be as tender of the King's 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 turns, 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 Gild, and a Confession of Sin, and error; an old Sin, an old Error: What then? This is the first time that ever I heard that Confession of Sin was a Crime; Oh, but it argues such an Vniverssal Error? why, whoever said the Prelates are insallible in Spirituals, much less Temporals? we read of great Mischiess that have enshed by their buzzing at C●●●●ong ago, and busying themselves with Politics, 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 plagued 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 learned it from no worse man than a Bishop, nay an 〈…〉▪ I mean Matt. Parker Archbishop of Canterbury, (in good Queen Elizabeth's days,) who in his 〈◊〉 Entitled Autiquitates Britannicae, (speaking of the times of K. R. 1 and the Pranks of Hubere 〈◊〉 Archbishop 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 Commonwealth, for the whole Clergy under a feigned and outside form of Religion, did with Impunity Wallow (like Swine) in Wickedness, Briberies, Honours and Rapines, 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 intermeddling with Worldly Affairs;;; Then he goes on to show a fearful Example of God's 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 aught to be Recorded that the Clergy may be deterred from hankering after Court-Preserments, and bustling in Civil and public Offices, and mainly Study and devote themselves entirely 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 Politics, out of their Sphere, Inconsistent with their Office, and perhaps their Education, nor has God blest them in such Undertake; Away with them to their Bibles, and Common-Prayer-Book, Those are sitter and more becoming Tools, than Writs, Capiasses, libels, Declarations, Informations, Citations, Vexations, and Promotions. It was Augustine the Monk (that first and worst Archbishop of Canterbury) that first brought the Plague into England from Rome; The Plague-Ecclesiastical of Avarice,: Pride, Dominion, pomp and Popish Prelacy. If ever Antichrist appeared in a Single Person, none could ever show a better Title to him then this proud Parker antique Britan p. 47. Monk, Nor that ever did defile the Church of England with more Romish Filth and Rubbish, than he; would it were clean swept, if any Noisome 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 Tithes into his Ecclesiastical-Courts, as appears by the Statutes 13. Edw. 1. 1. & 18. Edw. 3. 7. at the Request of the Prelates (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 Tithes, It is said Hec Predicavit Augustinus et Concessa sunt Rege, Baronibus et Popule, etc. The King, Lords and Commons gave the Ecclesiastical men the Conusans of Tithes upon Augustin's preacbing Bract. lib. 5. fol. 401. to them to that Purpose. For till the Statute of Circumspect agatis, no Person could demand Tithes in Court Christian. Decimae sunt Spiritualitats Annexa, says Braction. They got the probate of Wills, and the granting Commissions of Administration by Statute, nay, they Linwood 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 men's Goods; so Linwood confesses too (who wrote in the Reign 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, Tithes, and Administrations, (which by their horrible Corruptions and Extortions they have most Injuriously Administered, 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 beg, 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 than keep them in the King's Name, and not their own? And what then? where's the Inconvenience, if the King's Temporal-Courts again get the Conusans of Tithes, Probate of Wills, Administrations, etc. (the great Business (besides vexing Souls and Churchwardens, 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 Priestridden by Augustine that Covetous Supercilious and insolent Monk. Object. Ay, but will some say, Cognizance of Tyths, Fornication, Adultery, Defamation. etc. are purely Spiritual things, and more concern the Soul. hobart's Cases. Next to Swan and Hollams Case. Answ. But I say it is false; Tithes, 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 tried per Pais, and not by the Certificate of the Ordinary. CHAP. X. WEll (but will some say) you promised, in this Treatise before, that the first Branch of the Statute of 1. Edw. 6. 2. concerning the Bishop-making, might be saved 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'll dispense (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 Mary's days; And if they conform so far to the Statute of 1 Edw. 6. 2. as to vouchsafe to use the King's Name, Style and Seals in their Ecclesiastical-Courts, you promised 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 promised any such thing in my life, though the esteem I have for Prelates, together with my natural propensity 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 King's Pleasure, I confess, and to be in miserecordia Regis for what all of us have done) might be persuasive 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 injured 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 Archbishops were Legally made after the old Fashion of Congee 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 defeated 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 only from the Date of its Reviver, (1 Eliz. 1.) which gave it its life and vigour, only by that Second Birth: and consequently is a Junior Statute, and takes place, of 1. Edw. 6. 2. otherwise the effect would be signior to its cause, but cause est prior causato; the Son can no more possibly be Elder than the Father, than 25. H. 8. 2. can be Elder than 1. Eliz. 1. which alone, giveth it life, and is the cause of its being and 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; and it is pretty well. But if the Oracle had not warped sometimes (as that at Delos by Demostehenes is said to Phillipine 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 irresistible; 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 signior, 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 verse, Ratcliff. shall give or dispose in his Will. Here the uses shall not opperate by way of Feoffment, but only 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 only in Embryo, 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 die 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 die, 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 Stabs 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 only 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 pretland Prelate's 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 talks 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 Congee D●slie●● and Elections thereon, which 1 Edw. 6. 2. calls, Pretences, Colours and Shadows only; and derogatory and Prejudicial to the King's 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 Country. And upon the whole, if Cursed 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 legality 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 Ruin. 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 King's 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 only so, but that there is all the reason in the World that it should be in force, and that in acknowledgement of the King's 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 King's 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 Supreme Head Ecclesiastical, however the Pope has formerly usurped. What a fine thing it is to have the King's 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 Murdered His Majesty's great Grandfather Hen. 4. the French-King, And in detestation or that villainous, 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 Dunghill, never to be rebuilt, but (as ●ocursed ground) laid waste; his Father and Mother for ever banished, 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 touched in bloody earnest, without an eternal stigmatize and brand set upon the Profane A tempt to all Posterity; Nay, Jolm Scotus lost himself because he would not lose his Jest, when the French King sitting on the one side of the Table; and Du●● Scotus on the other) the King asked 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 Majesty's Royal Ancestor the stout King Richard the second, had not been basely, cowardly, and treacherously Murdered 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 Frenchmen would have exterminated (not all the men that were called Exton) But in horror 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 defiance of the reason of that Statute, The King's 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 King 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 ways to advance and a●●w the King's Prerogative Royal as much as Laymen, than they are very ungrateful, and ill deserve the Bounty so Gracious a King has conferred 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 hushed asleep, and Scandal and Inconveniences may ensue, by its awakened virtue 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 woe 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 Exorbitant Power of Churchmen (finding by woeful Experience in the late High-Commission-Court granted by 1. Eliz. 1. what Rueful Work was made) that they fetched 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 King's Subjects etc. And though some men never had greater Hopes of Regaining that unhappy Power or somewhat alike it, then by the long Parliament (fairest called) The Pensioners Parliament (for though there might be Judasses' amongst them, yet as to the Major part of them never were there Wiser nor Truer Englishmen) All that they could gain (by 13 Car. 2. 12.) was only 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 cipher at his Elbow or over his head called a Surrogate, scraped up a poor untoward living sometimes, catching what they could, with as Little Noise as they could: But, now, with Contrary Politics (how wisely? let them look to it) they have grown so busy with the King's 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 King's Seal) have got the Writ de Excommunicato Capiendo, and then what Grateful Works they made for the Jailers, and Bum-bayliffes, is so notorious, that no man can wonder that men are deservedly roused to Examine their Frame and Constitutions, and pry whether all be right within, when such ghastly ruins appear abroad, that who can Imagine that the good God ever gave them Commission to make havoc of men's 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 Churchmen 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 proved the Ruin 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 verified 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 Churchmen, it looks certainly like Digi●us Dei, the just Judgement 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 myself) whilst it is a Law; yet is it pleasing either to God or man, to knock men's brains out because they are blind or purblind, and will not go to Heaven along with us in our way? A thousand ways there are to Church and to Heaven, as there are a Thousand lines from the Circumference to the Centre; and a thousand ways 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 God's Name, way should we quarrel about the matter? If God and Nature would have had us uniform, 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 Prelates ourselves are neither uniform amongst ourselves, nor uniform according to the Act, as I have sufficiently proved in— The Black Non-con-formsts; setting up and Observing Ceremonies that God never made, nor (yet) our so Celebrated Act for Uniformity: 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 bows to the very ground where and when another, stands up, as right as a dart; one Church Celebrates with all sorts of Music, 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 Memoriter; one wears a Surplice only, another a Surplice and Hood, another neither of them; and 40 more such Instances. Now when these men descent so from the Act of Uniformity, and are Dissenters also one from another, Are ye not Partial in yourselves to prefer one Dissenter, and Jail the other? Woe 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 envies, if they make good use of it, and Legal use) Their Influence too has not boen confined to White-Hall, but has reached 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, liable to every man's Action whom we have Illegally vexed, 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 aching 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. Eyrie. p. 4. l. 2●. for Emblemishments. R. Embellishment. With many other. PART II. Query 21. Whether any of the Canon-Law or How much of the Canon-Law is in force at this day? CHAP. XIII. To which I answer briefly that it is undeniably 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 Commonwealth, 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 Inferiors 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 Laity to Subscribe the three Canons (that vouches their Hierarchy and Dominion by Archbishops, Deans, Arch-deacons, etc.) to be consonant to the Word of God, when the Word of God has not such a Word in it, (as Archbishops, Archdeacon's, Commissaries, etc.) 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 Clergymen 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-people, if they Beg they'll be Whipped, if they Steal they'll be Hanged, (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 Simony, and Obedience to the Canons in force, and yet exact Money for Baptizing, Burials, Marriages, etc. 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 (says 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 confirmed 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, etc. or if Ministers Mary, Baptise, or Bury People without exacting Money, but on the contrary very pleasing to the Law, which has provided Glebes, Tithes 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 denied to any man, though he will not give a farthing for them. And Lyndwood says, upon the Text and Gloss, nothing ought to be demanded Lynd. 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 Tythe-fleece is given to the Shepherd for his hire, in full. And, if the Priest refuse to Baptise any Infant, or one of Age, except he give Money, the Sin be upon him, but the Party desiring it, though he die Unbaptised, shall Lynd. 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-baptism than give so much as a penny for it, because it is Simony (says Lyndwood) both in the Buyer and in the Seller; how thriving a Trade does this Law spoil? 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 Simony 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 Simony 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 Inferiors for Crimes or Offences, be they never so notorious. It is Simony for a Bishop to take above Six pence for Ordination, (which Constitut. 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; says the Canon, as a Bishop should not sell Letters of Orders, so neither should his Secretary, Registers, or Servants sell Quills, or Parchments, Pens, Ink 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, etc. 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 myself for Institution, Collation, Induction,) pay the Porter to let them in, and pay the Porter before they get out; neither (also) to pay the Bishop's Grooms, Butlers, Barbers, etc. It is against the Oath of Canonical Obedience to remove from a poor Can. Concil. Nicen. general. Vicarage to a rich Rectory, or a poor Bishopric 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 Shave Crowns, as the Popish Bishops and Priests have; for the Canons that enjoin 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, or Concil. Londini in Eccles. Sanct. Pauli. Anno 1342. Constitut. Concil. Londin. pau-Anglicum. Ann● 1236. Titui. 13. & Pendules at the Ears, or not having a Shave crown, or Rings on their Fingers, etc. and if they persist in such uncanonical Deportment, they ought to lose their Benefices till they repent, and then not to be absolved 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 Widow, or being a Widower 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 aught to be degraded and deprived by the Canon Law that have Married a Widow, there are Concil. Anglic. Lond. 52. Hen. 3. Anno 1268. Tit. 5. Conc. Pau. Anglic. 1236 Tit. Coke in Articul. Cler. cap. 9 Maids enough, what need have Priests to be bigamus? It is against the Canons for one Priest to take another Priest's Goods or Money from him, of which even our Statute-law is so tender, that it is not lawful for a Sheriff or Bailiff 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 Endowments. Thus careful has the Laws been, that Clergymen should not be (like Pikes and Sharks) 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 Laity from their Covetous gripes, in not being forced to pay twice, and besides Tithes, to pay also for Marriages, Baptizing, Lectures, Burials, (a very subtle Trade) no more I hope (though) to be followed for the Oaths sake, the Oaths against Simony, 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'll 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 Simony, and also if they please (I'll add) 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 shown enough 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 Clergymen above all others? whether poor Clergy or rich Clergy; whether those that are liable to a Gaol, or those that are above a Gaol, liable to an Excommunication, or amici curiae, and above it; whether such as may be Anathematised, Gaoled and Cursed; or such as do Anathematise others; all of us have need to beg absolution of God and the People, so much offended and abused 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 inferior Clergymen, Vicars, Curates, Journeymen, and Day-labourers. If the World be suffered to go on at this rate, they'll not know how to distinguish and know the difference, betwixt a rich Prelate, and a Small-day-labouring Journeyman; 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 Clergyman should certify the Cons and the Noncons in every Parish: The Noncons 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, etc. be it so. And Ministers pretend, that they (by Ordination) have got the Gift of God, the Gift of Praying, Preaching, Baptising, and administering the other Sacrament, etc. Be it so too. And both Prelates and Ministers we (all) Swear and take the Oath against Simony, and Oath of Canonical Obedience. The merciful God forgive us all? what will become of us that should be Guides? 'Tis Simony 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 Simony. 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, Baptising, etc. Baptise my Child; quantum mihi dabitis? saith Judas, then what will you give me, says 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? says Simon, what will you give me and I'll be your Lecturer? Read Prayers for me, little Curate; (says the Scarlet Doctor,) quantum dabis? says 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 Simony, God forgive us, What will become of us? Church of England do we call ourselves? if we that call ourselves Church, and yet Crack Oaths like Nuts, and are so wicked, surely then the Laity are sad Souls. CHAP. XIV. AND yet as wretched as we are, and at what loose lock soever we Lie 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 designed 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 choosing, 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 Churchmen! the poor Churchmen! 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'll shift well enough in this World, I'll warrant you, let them alone to secure themselves, and enrich themselves too; yet I cannot deny but Poverty and Self-denial, 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 qualify 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 Simony neither, nor of taking Money for Ordinations, Institutions, etc. Of which the Price is risen in some Dioceses, since I was Instituted almost half in half, it cost me not above eight or ten pounds to be Instituted, Inducted, and Ordained 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, etc. takes the Money. The Lord keeper Bacon was Condemned for Bribery, and most justly was turned out of his place, and the Broad Seal taken from him, yet the neither loved Money, (no, he loved 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 connived; even so, etc. 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 Simony, 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, Baptizing, etc. 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 blank 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 Dissension amongst themselves, so little Congruity or conformity either to one another, or to the Act of Uniformity. But the sin is greater when Holy Ordinances and Holy Keys become Snares to catch away men's 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 (says Coke) because That as in the secular Courts the King's 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, Archdeacon's, etc. (A very special Christian Regiment, of which not one such name is found in the holy Muster-roll of Scripture) Linwood says, Curia christianitis in quâ servantur Leges Christi; Court-christian so called, because in it is observed the Laws of Christ, whereas in the King's Courts are observed the Laws of the World: (Optime opponis Domine!) the King's 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 King's Courts; ourselves Divines, in distinction from earthly Laymen that mind the World and worldly things; ourselves Spiritual persons in distinction from the carnal Laity; and our Courts Spiritual Courts in distinction from the worldly King's Courts. Well, I commend them for giving themselves and us a good name, and a good word, becoming our own Trumpets to commend ourselves; for if we did not, who strives to do it? the Papists (indeed) were barbarously Inhuman 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 God's Gifts, Illegal Fees, in high and open Contempt of the known Laws of the Land, and in defiance of their own Oaths against Simony, 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 ordered 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 Politicians!) not only to pry into their Constitution, and observe their Motions, but also has thereby emancipated my Judgement, and knocked off those Shackles wherewith it might happen to be feterred, byased, warped or bended the wrong way, through Self-ends or private Respects; Interest too frequently Bribing, and consequently Blindfolding the Judgement, 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 King's Prerogative, when it serves their own ends. To which also (I cannot say but) they might the rather be inclined 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 void 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 enjoin. 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 untied 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 divers, they are not contrary, but may very well subsist together; For the Pope may keep his Supremacy though Processes Ecclesiastical did run in the King's 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 King's name: For 25 H. 8. 20 only allows Processes Ecclesiastical as heretofore used. etc. 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 discerned 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 controversy, and which he ought to prove by other mediums than what is in 25 H. 8. 20. because that Statute authorises no Processes but what are according to Law, and therefore much less can it make any Law void, 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 Shrovetide 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 only Cord that he confesses did bind it, was but, only temporary, during its own force, and whilst 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 controversy 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 only turning the points 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 contemned 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 lie 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 punished 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 paired so short, so short. He that values any thing more than Christ (Christ says) 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 Bar and be Arraigned, whilst Hypocrisy, Simony, Atheism, 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 men's dainties to have their Bosoms, Cares, Terrors and Distractions here, though I might be excused from paying their Reckoning in another Life. 'Tis true, God hates Hypocrisy, 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 Statesmen and Machiavilians as make no other use of Religion, but in Policy, and to amuse the vulgar. A Horse painted in cloth (which is not perspicuous) is as good as a living-stalking-horse, to catch Woodcocks that cannot see thorough it. Hypocrisy (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 thorough 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 withal, 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 Simony, extorting Money for God's Gifts, for Ordinations, and for all Gospel Ordinances, to the daily and constant and apparent breach of their Oaths against Simony, 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; Looseness of Conversation, Oppressions and Extortions above all other People; fight against their Adversaries to wreak their Malice, serve a turn or State-job, and mischief men's earthly Liberties with the Keys of the Church thrown at them, my Friends, in such 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 forced to follow erroneous Guides and illegal ways, or upon refusal to be Anathematised, Gaobd, and then their Liberties, Franchises and Purses taken from them, and without, or against Law too. Nay and worse, namely, be Anathematised and Cursed 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 choice, to be forced 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 overwhelmed with filth, over run with Diseases and old spreading Ulcers that grow worse and worse, and run down with Rottenness, and Pierced, Hackled, Tortured and Mangled with dull Tools that are rusty and corrupted all over. Let no Catchpole (here) lie 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-teeths as to wiredraw 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 die, though I doubt not but they will lie 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 ruivous Church that was huddled up in haste 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 Errors. Yet, (I say) I mean no Religion, no Church (hereby) but that threadbare (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 busy Censurers have judged 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 Penmen like Swordmen, they are best that give the most woundly-smart blows, and thrust it home upon the adverse Party, and make their Hearts ache again, so they do it cleaverly, fairly, and upon the Square. The only 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 plays: (Miles Christi securus interimit, securior interit, says Bernard.) Yet I know also, That there is no fence against a flail; and that the greatest skill (more is the pity) may be overpowered with a dull strong fool, by mere 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 David's Worthies) withstood the whole Body of the Philistines. Truth and the Laws may be oppressed and suppressed 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 seemed when the Tide run strongly and high; when the flood comes rolling and Tumbling in; the comfort is, it is subject to vicissitude and change, and to ebb as well as flow. For there are three things— namely, The Sun, The Truth, and the Laws, (all of them of so heavenly a nature) that they always shine bright in their own Firmament, even when they are most beclouded (as sometimes they are) and Eclypsed from mortal view: But (the Best on't is) They are always in motion towards their former brightness, (as also are the Interposing clouds, they are fugitive (too) and upon the go.) So that though for a time they may seem dim and obscured to earthly (and only to earthly) and sublunary Eyes, yet when the mists vanish, they regain and resume their wont splendour, nay, look more lovely and beautiful after they have been masked with a cloud. The Profession of a Clergyman 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 honoured, reverenced, or beloved, than a humble, painful 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 Clergyman 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 restrained by the fear of daily Perjury; or taking God's 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 Clergymen that have cure of Souls: For which cause I have here sometimes put myself into the number, calling myself— (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 exposed, and care not one farthing for; much less do I call myself Prelate, in hopes to beggar any man that may hap to Scandalise my Hogen-mogen-Ecclesiasticalship; but I call myself Prelate, (as the Canon-law calls me,) namely, Benefic't-Clergyman, for all such are Prelates by Law; not for Prelating (or being preferred) one above another, (so much condemned and sorbid by our blessed Saviour to all his Disciples) but because they are Preferred 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 Dispenser's or Administrators whereof are the Prelates of the Church: (that is) all Presbyters with cure: so says the Gloss— 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, etc. Prelates, (here called) are not only the high flown, as Bishops, but the Inferiour-Clergy, as Archdeacon's, 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 Simony, Perjury, Pride, Avarice, Cruelty, Malice and Revenge? Therefore the Gloss upon the Canon-law, de Officio Archipresbyteri, concerning Lyndwood. Provinc. l. 1. Tit. 11. cap. Presbyterorum ver. canes menti. the duty of an Archpriest, 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 mere 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 Dunghill; 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 Hogs) they'll 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 called 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 cum 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 increase 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 hardhearted 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 woeful end, If I can do my Brethren a Courtesy, 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 justify the Contempt of that Branch of the Statute (1 Edw. 6. 2.) that enjoins the use of the King's 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 Edu. 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 lined against Error, 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 Father's Interest and Subtilty, the Marquis of Tuscia? That Pope being skilled in Fascicul. 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) Profane Formosus, Ann. 891. wretched Pope Stephen 7. Ann. 895. (of whom Baronius says) He entered Platina de 〈◊〉. pontis. like a Wolf, and died in a Halter like a Dog. Debauched 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 Country, or Surname; 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 anathemas, 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 Boys 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 Father's 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 anathemas, by excommunicating the Pope, saying,— You write by the Suggestion of as silly Councillors as yourself, Childish Threats; but we despise your Excommunication, and throw it back upon you: Judas the Traitor 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 mere 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 Judgement 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 Judgement 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 Understanding; but Honesty and Truth stands at the Bar (sometimes) when Hypocrisy, Cruelty, Atheism, and Apostasy sits on the Bench; therefore it is impossible but that there should be another day of Judgement; 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 days, which Eccles. 8. 12, 13. are as a shadow, because he feareth not before God. But if Bishops (angry Bishops or angered 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'll 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 Cudgels 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 Proxy. Nor do I know in all these Contests, how it is possible to follow better advice than that happy and great Statesman 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, sharpened on purpose because of the late Spanish Invasion, the danger whereof was no sooner quite over; but if she did not quite sheathe 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 Burleighs Letter to Q. Eliz. in Bacon's felicity 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 days) 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 heartburning 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 Jesuits 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 brag 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 Catechising 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 Emperor Frederick the Second employed the Saracens against the Pope, because he was well assured that they (only) would not spare his Sanctity. The CONCLUSION. THerefore (certainly) Solomon knew what he said, when he said, That the Throne is established by Righteousness and Justice. For Justice, or (which is all one) the Law is the (only) sure foundation of the Throne; which William (Surnamed) the Conqueror so well understood, that he postponed or waved his Title to England, as Conqueror, (and a long Sword) deriving it (against Earl Harold that Usurped 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 says Coke 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 Bar to seclude either Queen Mary or Queen Elizabeth from the Imperial Crown of this Realm) or whether it was but King Williams▪ mere fancy, or that he had some other Title by the Will of King ●dward, concerns not us at this distance, so much as to inquire, 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 proved 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 irresistible? And if, (by the Premises) it be undeniably true, that— by the repealing Coke 2d. Instit. 688. of a Repeal, the first Act is revived; and (also) that an after-Statute makes void all its Predecessors that are contrary to it; and (also) if the effect must be after its Cause, than so certain it is, that this Royal Statute (1 Edw. 6. 2.) bearing date of its Life from its Cause (prim. Jacob.) that revived 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 Revived 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 seemed to be smothered; though so advantageous and suitable to the King's 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 King's Prerogative Royal; (which the Law (also) does in every thing support, direct, declare and advance,) and if Simony 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 Baptizing, Buryals and Marriages; for Sins, Sacraments and Lectures; for Letters of Orders, Institutions, Inductions, Collations or the like? much less chop and change Bishoprics or Benefices for lucre, (filthy Lucre) in defiance of the Oaths against Simony, in defiance of the Oaths of Canonical Obedience, taken and sworn (God forgive us!) by every Beneficed 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 Catholic and general than Just, if by our known Simony and Avarice, Pride and Cruelty, Persecuting-spirit and Woldly-mindedness (above all others) we taint our Holy Functions, and be spot and slain our Surplices with so much filth, making ourselves (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 victim, sacrificing Men to his Wrath, by encouraging inhuman Cruelties and Vexations against such who happen to have straighter 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 coins or keep up new Ceremonies, in unlighted Candles on the Altars, cringing and bowing to them, Organs and Music, 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 punished, let all Dissenters be punished, 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 Uniformity. 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 Fined and Punished▪ 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 outsee me as well as oyt-stare me) should (by mine own rule and law) serve me with the same sauce; and (more especially) because Almighty God (the only King of Consciences, has always Plagued Persecutors of men's Consciences, (although) erroneous Consciences) in all Ages; and I am apt to think that the Merit of Informers will scarcely persuade 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 choke 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 Usurp the Jurisdiction of the King of Consciences, or to kick against the pricks: And I have heard that (therefore) he would never Pardon a Murderer, saying, Who am I? to contradict God that says,— He that s●iddeth man's 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 escaped my Pen, through Precipitancy or want of Skill, (for who (except the Pope) is Insallible) or derogatory to the Holy Catholic 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 transgressed 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 discovered 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 Oftered to lick them whole. And was not apparent Simony, Avarice, Spiritual Dominion, and Encroachment upon Temporal-Courts and intrusion into temporal Employments, together with Persecution, Cruelty, Spitting-fire, Curses and anathemas, Extortions, Gaoles and Fines, new Ceremonies and Superstitions, Antic Dresses and Antic Cringes, etc. (all which are some men's 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 dregs are good for, except (as the Dressed Cucumbers I once Cooked) 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 body's Palate be so out of taste, as to love and long for such Romish dregs, 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 compared Mark 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 spilt 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 silly a Zealot for Persecution, as zealous Roger himself; till by searching, I could find no precedent 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 Soil, where that weed never thrived long; witness Queen Mary's Methods▪ and the Germane Emperor to the Protestant Hungarians, till for shelter they fled to the (more merciful) Turk, a Piece of Jesuitism 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 (says 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 fancy 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 dragged from me these heavy Verses. The Priests of Bel were glad to Frogg for meat, Feeding their Wives and Brats by holy Cheat; But (Highpriest) Eli's Sons, without remorse, Cry— Give, (ye Slaves!) or else we'ls take't by force. Ay— These were rampant, Hector, rend and tear, And will be twice paid, Curse, Arrest, and Swear; Their frothy ware the Laity 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, Axe or Sword. Religion dressed in Buff? 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 Christ's Sheep to Folds; ne'er called (for Help) to Qnarter-staff, of old; If Heaven allure not, no, nor Gold to boot, Not all Earth's 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, etc. upon any the King's 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, Ploughed. 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 Judgement and Justice of God upon me, (whatever evil Instruments he made his Red of) for my apparent Simony 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, etc. 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 forced 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, Baptizing, etc. What? Sell holy Sacraments and holy Offices! Fie for shame! But, I repent, heartily, heartily, and thus publicly take shanie to myself, standing (thus) in a whitesheet 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. incited 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 Simony, Avarice and dangerous Oaths, that so God may avert his Judgements, and the Universal contempt of the Clergy, under which we groan unpitied. But, no work (at present▪) however of these matters. Whatsoever is not founded, neither upon God's 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'd wish you; As you love yourselves, 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 plenished 〈…〉—) 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 churlishly snap at thos● ●●●●●ble ●●ngers that would 〈◊〉 〈…〉 Cords? Then, there let them lie, with their Posterities, bound down and crippled with those bands, where 〈…〉 poor Bigots first were Priest-rid by Austin the Monk▪