THE Civil Rights, and Conveniences OF EPISCOPACY: WITH THE Inconvenience OF PRESBYTERY ASSERTED; As it was delivered in a charge to the Grand Jury, at the General Quarter Sessions, held at Nottingham, Apr. 22. 1661.  
By Pen. whaley Esq one of his Majesty's Justices of the Peace for the said County.  
LONDON, Printed for Philemon Stephens the Younger, at the King's Arms over against Middle Temple Gate in Fleetstreet, 1661.   

The civil Rights and Convenience of EPISCOPACY, With the inconvenience of PRESBYTERY Asserted.  
GENTLEMEN,  
HAd it not been that all the several Sects of this Nation, who not long since breathed nothing but fire and destruction against each other, have of late been like Herod and Pilate made friends all in one day; I should not have detained you with any Discourse at this time by way of Preamble; but that considered, with the extravagancy of some Expressions which fell of late from some persons (whose Education, in common reason might have entitled them to more wit) against the Discipline of the Church of England; I am invited nay compelled, as a Son of the Church, to say some thing in vindication of that which they commonly call the unnecessary superfluity, but others the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Decorum of the Clergy: wherein I shall prove the Rights that they have to those Eminent places of Honour, which they now enjoy, or may pretend to, as sitting in the House of Lords, etc. with the Conveniency and profit which may accrue to us Commoners by their having so: I am induced the rather to it, because the time is now at hand, when every man possibly may hope to get a toleration, or connivance for his own humour, or fancy, which very many now a days mistake for Conscience in the exercise of Religion▪ and the way for it being thought feasible by that old one of petitioning the Parliament, as it may be by some conceived. Now to the end, that you, like your Predecessors, should not be gulled in Petitioning for you know not what; I will by God's help lay down the legality and Conveniene of Episcopacy with the contraries of Presbytery, (for they are now like to be the only Rivals) and then if you have a mind to Petition, you may know what to Petition for. The Rights then which the Bishops have both to their Lands and Honours are twofold, by Custom or common Law, and by Statute Law.  
The Custom under which they claim, is of great Antiquity, for it bears date almost with Christianity itself; In Ethelberts time, the first Christian King of the Saxons, you shall find a Convention at Canterbury consisting of Bishops and Lords, to settle the Affairs of Church and State, and that's above a thousand years ago, and look what Privilege they enjoyed under him, they had under the respective Saxon. Kings of the Heptrarchie, as soon as converted to the Christian Faith, amongst whom they had the precedency of the other Lords; for the writ of Summons ran, Ad Episcopos, Principes, Proceres, & optimates Regni; For the Bishops, Princes, Peers, and other good men of the Realm. And afterwards, when the Arms of the West Saxon Kings had so prevailed, as happily to reduce England to a Monarchy, The Acts of that Parliament held at Kingsbury, pro negotiis Regni, were confirmed by the Bishops, Abbots, and other great men of the Nation; and this happened, Regnante Aethelwolpho filio Egberti the first Monarch of England, who afterwards. Anno Dom. 845. called a Parliament or Convention of Estates at Winchester, and decreed Cum consilio Episcoporum & principum suorum, by the advice of his Bishops & Princes unto the Clergy, with several Temporalities and the Tyths of all men's estates, and those free ad omnibus secularibus servitiis, nec non regalibus tributis majoribus, & minoribus sive taxationibus; from all secular Impositions, and the King's Taxes both great and small; I chose to instance in this, because you may see the right that the Church hath to Tithes; and how it was the intention of the first Doners, to free her from all Imposition and Taxes whatsoever, which though the Clergy do not now pretend to, yet more moderation may be used for the future in assessing them then formerly; And this privilege of sitting amongst the Lords, they enjoyed without alteration till the Conquest, during which time they held their Lands pura & perpetua Eleemosyna, by Frank Allmoigne as the men of the Law term it; But when the Norman came, though under him they still enjoyed their Lands, yet their Tenure was altered from Frank Almoigne, to be held sub militatari servitute, (as Matt. Paris hath it) by Knight's service or Baronage, by which they were compellable to furnish the King towards his Wars, equally with Lay Subjects of the same tenure; which though at first it looked like an encroaching upon their Privileges, proved an advantage unto them; for whereas before they sat amongst the Lords only Virtute Officii as Bishops, now they had place En respectede lour possessione l'Autient Baronies annexes a lour dignity, 
Stamf. ple. V 3. C. 1.  as Barons, and so they owned themselves at the Parliament held at Northampton in Henry the Seconds time, when they said, non sedemus bic Episcopi nos; Barones, vos Barones, omnes pares hic sumus; We do not sit here as Bishops, we are Barons, you are the rest of the Clergy were held, and that justly too, the first Estate of the Realm, and so they continued till Henry the Thirds time, in whose Reign Magna Charta was confirmed, which is the first of that we call Statute Law, under which we claim much of that which we pertend a property in; and there you shall find those great Privileges of the Church, amply and fully confirmed; for it runs thus. First we have for us and our Heirs confirmed for ever, That the Church of England shall be free, and enjoy all her Rights and Liberties inviolable; and it follows likewise, All Acts made against this by any succeeding Parliament in time to come shall be void to all intents and purposes: and this was confirmed by a solemn curse denounced on all the infringers, by Boniface Archbishop of Canterbury, the prime Peer of the Land. And truly it would not be amiss, if all the Opposers of the reflourishing of Episcopacy and others would consider, whether or no, those occurrences which have happened amongst us since that great violation of Magna Charta, the disfranchisement of the Clergy, have not rather resembled a Curse, than a Blessing.  
But to return again to the matter in hand; if Magna Charta be, as most of us are apt to incline to believe, it is, like the Laws of the Medes and Persians unalterable, as to the main, it is so in every part; for the Rule must hold, Quicquid incorruptibile est in toto, incorruptibile est in singulis partibus; what's incorruptible in the whole, is likewise in every part: But possibly a man may receive the same answer in this particular, as the King of Persia did in another case, who falling into an incestuous love, demanded of his Counsel, Whether there was not a Law, that the Kings of Persia might marry their own Sisters? They after some advice return this Answer, That they could not find a Law tolerating such marriages, yet there was another which permitted the Kings of Persia to do what they thought fit: And so, though there be no Law that Magna Charta should be infringed in the least particle, yet there is a Law or Custom, for Parliaments to do what they will; And by a Parliament was Magna Charta, as fare as concerns the Church, violated; and therefore good and binding: 'Tis true, the Royal assent was as a man may say extorted to that Bill, whose condescending to that and some other things about that time, to prevent as he hoped (that which it caused) a War, together with his signing those Sacrilegious destructive, & self tottering Propositions at the Isle of Wight, made him appear to be a man, and in those things subject to infirmities. But however this is well enough answered out of Bodinus, that great Statesman of France, Nihil á duobus ordinibus potest decerni, quo uni ex tribus incommodum inferatur; Nothing can be Decreed by two Estates, to incommode the third; and that the Lords Spiritual are an Estate, I hope will not be denied; when my Lord Cook, that Oracle of the Law affirms it, who in his Chapter of P. F, 1. says, The three Estates of the Realm, are the Lords Spiritual, the Lords Temporal, and the Commons; and his I think is a sufficient Authority to confute that Frivolous but King-lessning Tenent, which holds his Majesty to be one of the three Estates.  
The next thing to be inquired after, is the advantage that doth, or may accrue to us Commoners by these Privileges of the Church; and they are either in general, or particular.  
The first is very Evident; for if at any time the Lords should attempt to encroach (a thing which possibly they may hereafter incline unto to be quit with us) upon the rights of the Commons, the Bishops are as so many Advocates to plead our Cause in the upper House, to which their own interest must enforce them; for as they are generally the sons of Commoners, and so taken from amongst us; so to us they must return in their issues; and therefore, look whatsoever they assent unto, which entrenches upon our liberties, is prejudicial to themselves in their Posterities and Relations.  
The next to be treated of, is, that which will be sure to get acceptation, every man's particular advantage, and that worldly too, by the reflourishing of the Church; and this is as apparent as the former: For all that Grandeur and splendour, those eminent places of Honour and Profit in the Church, are but as so many Crowns and Prizes held forth to the encouragement of us, and our Children in the progress of Virtue, according to that of Claudian, Egregios invitant praemia mores.  
And the rather to incite us, the meanest person in the Nation is in himself or posterity capable of the highest Church preferment, if parts and industry be not wanting; so that now we may say to our Children as soon as they are fit to go from us.  

Disce bonas arts, sanctam cole Relligionem;  
Sic tibi cum magno surget honore decus.  
Pursue good Arts, embrace Religion true,  
So Honours great to thee shall soon accrue.   
For now Heavens be praised, the Church hath got such a nursing Father, as she wants no preferment wherewith to encourage her deserving and obedient sons. And though all men cannot arrive at the highest pitch of Honour; yet, where there is merit, there will never be wanting a sufficient compensation. Better too is it for the body of a Nation, when virtue is encouraged by rewards, than when Vice is only disgraced by penalties. For Noble and generous Spirits, are sooner drawn to the ways of Virtue by Honourable Requitals, then deterred from those of Vice by ignominious punishments; And therefore praiseworthy is that Inscription upon the Town Hall of Zant, a City in an Island of the same name;  

Hic locus odit, amat, pumit, conservat, honorat,  
Nequitiam, pacem, crimina, jara, probos.   
Here are rewards for Virtue, as well as punishments for Vice: Neither is it a new thing for learned Men, to be preferred before others that are superior in Birth and Estate, if inferior in that qualification; for which Sigismond the Emperor gave this Reason; Who upon a time being asked by some of his heavy-headed attendants, Why he valued Scholars above themselves, who were far their superiors both in Honour and riches? returned this Answer: Se jure illos colere, qui vobis donis tam divinis antecederent; That he did them nothing but right, because they out went them in gifts so Divine: For (saith he) Wisdom and Learning are only the gifts of God, whereas he himself could confer honour and riches upon any body; and of this mind was Antisthenes' the Philosopher when he cursed that City, where 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, good and bad, fools and wise men, had equal honour.  
As now I have spoke something of the Rights and Conveniency of Episcopacy, so it remains that I should say likewise something of the no right and inconveniency of 
* By Presbytery must be meant the Scotch, to set up which, the Nation, when they were set a madding, Covananted.  Presbytery: But the former it is needless to insist on, because having proved the Rights of the one, the illegality of the other is of natural consequence; therefore the chief bent of my Discourse shall be to treat of the inconveniency that Presbytery brings along with it to all sorts and orders of men; and first I'll begin with the King. From him (though a Sacred Person) it ravishes the chiefest Jewel of the Crown; the dernier resort, or last appeal of the Subject. For, whereas by the Laws of England; If any man find himself aggrieved at any consistorial proceed of any Bishop, there lies an Appeal to the King in Chancery, who of course in those cases, commissionates certain Delegates, under the Great Seal, who are to inquire, and take Cognizance of the matter depending, and accordingly to relieve the Plaintiff if they see occasion for it. With the Presbytery it i● other ways; for they say, in the book of Discipline, From the Kirk is no appellation; and as this is very prejudicial to the Authority of Princes, so is there another passage in that book as prejudicial to their persons; For, to Discipline (say they) must all Estates, 
2. Book of Discip. c. 18.  and Persons, as well they that Govern, as they that are governed, be subject. If now the King cannot scape , the Subject must not expect to be free from their insolence. For they say, That for an uncomely gesture, a vain word, suspicion of covetousness, 
1 Book of Disc. 7. head.  Sabbath-breaking, keeping a table above a man's rank, and the like; (and of all this their Reverendships must be the sole Judges) Church censures aught to be inflicted; and though it be granted, they begin first with Admonition, yet if there be not a present Conformity to what those supercilious Gentlemen will please to impose, they proceed presently to excommunication. And as they are oppressive in those things that possibly may be no faults, so are they worse in those that are: For whereas our Law says, Nemo debet bis puniri pro eodem delicto, No man ought to be punish twice for one offence; They say, Nothing forbids the same fault to be punished, 
Syn. Theor. 63.  one way by the Politic power, another by the Ecclesiastical; by one under the formality of a Crime, by corporal or pecuniary punishment, by the other under the formality of a scandal, with Spiritual Censures: And though some may think this harsh, yet are they worse when they say, 
1 Book of Discip. 9 head.  Parents shall lose the disposal of their Children in marriage if the Child desire a Husband or Wise, and the Parent gainsay it upon the common ground only, of want of guds, or disparity, of Birth, then upon the Child's desire the Minister is to travel with the Parent, and afterwards at his discretion admit them to marriage; (for the work of the Lord (as they say) ought not to be hindered by the corrupt affections of men: Though this be very high, yet is their practice much higher; for the Presbytery doth ordinarily compel the injured Parent to give the disobedient Child an equal portion with the rest of his Children.  
Thus they encourage and countenance Disobedience and Rebellion, which the Scripture compares to the sin of Witchcraft; and no marvel then if they, who are so great Patrons of Disobedience towards natural Parents, should be such stout, assertors of Rebellion against Politic. And now I'll tell you what this Excommunication is, to which every man is liable for slighting his Minister, though he be never so raw a novice; After the Sentence is pronounced, no Person (Wife and Family excepted) may converse, eat, drink, buy or sell with him, without Licence; 
1 Book of Discip. 7. head.  Nay the Children that are born afterward, are not to be admitted to Baptism, till they be of years to demand it, and then presently of course, Letters of Horning goes out, which is an outlawing by the sound of a Horn, and putting out of the Law's protection, 
54. Artic. 1.599.  so as any body may kill the Excommunicate person that will be at the trouble of it.  
But all these, some may say, are but contingent inconveniencies, and may be (by a wise man) prevented; But now I will speak of some other of their brave Tenets, and they are such are very enchroaching upon the properties of all, though never so wise; All Tithes (say they) Oblations, 
2 Book Disc. ca●●  Temporalities, of Bishops, Deans, Sub-Deans, and all Lands belonging to Cathedral Kirkes', was the Patrimony of the Kirke, and aught to be disposed of by the Kirkes' appointment: Then as preventing an Objection, that the present Possessors had Leases from the former Proprietours, they go on and say, The Leasers were thiefs and murderers, and ought not to alienate the common guds of the Kirke. Thus you see what property any man is like to have in his Estate, that they are pleased to call thiefs or murderers; and this is that they would be at in England, had they but power according to their will.  
The commodiousness of one, and the incommodiousness of the other, in short then lies thus; In Episcopacy you have a public Revenue set forth for the support and encouragement of Learning and Virtue; In Presbytery you have all Learning discouraged, because none are capable of preferment, but such who out of the predominancy of Ignorance and folly with submit to those hotheaded, and for the most part illeterrate Gentlemen. And therefore, as no Commoner can be against the former, but such as maligns the contingent advantage of his Posterity, and other Relations, so none can be for the latter, but such who have a mind to deliver themselves and posterity up to an insupportable slavery.  
Now seeing that Presbytery and Episcopacy can by no means agree, as being of such different Principles; It will not be amiss therefore, to try how near we can bring the Presbyterian and Jesuit together. Father Mariana, in his book De Rege & Regit Institutione, says, That Princes which be excommunicated by the Pope, may lawfully be killed by their Subjects; Mr. Kant the Scotch Presbyter, in his book De Excommunicato trucidando, delivers for Orthodox, That all persons who will not take the Covenant (the King not excepted) ought to be excommunicated, and all persons so excommunicated, aught to he killed. Thus far they go along pretty well; Father Escobar a late Casuist in that society, lays down for a rule, Goods gotten by dishonourable ways as Treason, Murder, Sacrilege, an unjust Sentence, 
Mist. of jesuitism. Let 8. p. 112.  are lawfully possessed by him, who hath so gotten them; and he is not at all obliged to make restitution: This you will say, is damnable doctrine, and very scandalous to civil as well as Christian society, yet as bad as it is, it is certainly the Opinion of our jolly Casuists of the Discipline; otherwise they (at least the pretenders of Theology amongst them) would not now rejoice in the wages of Iniquity, in what they got by plundering and Killing their fellow-Subjects for doing their duties. They would make restitution of what they have received by Sequestering of honest men's Live: They would tender satisfaction for the injuries they have done by exposing the Wife & Children of the Loyal Clergy to a necessary poverty: And that faculty of plundering of Live was so Epidemical amongst them, that a man may without breach of Charity, say, They would all have been guilty of it, had they but had opportunity.  
The Jesuits, 
Mist. of jesuit.  who are generally observed to be very strict Observers of Discipline, especially in that part which concerns their habit, 
Mist. of jesuit. let. 6. p. 70  say, No man ought upon pain of Excommunication to lay aside his habit, except it be, Furandi vel Scortandi gratia, to whore or to thieve: So our Gentlemen, those great Judaizers of the Sabbath, in which they differ from all the Churches of Christ in the world, certainly hold that the Sabbath is not to be broke, except it be to plunder or kill; else they would never have made an onset upon the King's Army at Edgehill on a Sunday. 
Mist. of jesuit. Let. 5.  And as the Jesuit Doctrine of Probability is justly counted the Viper and bane of Morality; so the Disciplinarian Doctrine of Predestination, reduced into practice it of as ill if not worse consequence. But perhaps some may say, that all this might have been spared, considering how instrumental of late the Presbyterians have been in restoring of us to our Peace: It's granted that many of those who formerly were of that judgement, have of late been very signally eminent for Loyalty, which is a convincing Argument of their repentance: For men possibly may repent of Presbytery, but Presbyters never yet repent of any thing.  
Now for satisfaction howe'er of those who as Presbyterians did Contribute to His Majefties Return, I shall insert a Story out of the Chronicles of Scotland, 
Spotswood his history of Scot  which will be pertinent enough to the purpose; During the Eighteen years' Imprisonment of James the First, here in England; The government of that Kingdom fell to Murdake Earl of Fife, by whose means it was not improbable, the King was so long detained.  
This Earl of Fife had in that while two sons that grew up to be so boisterous and wicked, as neither the Father nor any body else could rule them; who thereupon told them, that since they would not be directed and governed by him, he would send for one who should rule both him and them; And immediately sends away for the King, who upon his return summons a Parliament, in which Murdake and his two sons were condemned for Treason, and accordingly executed.  
The Application is very obvious, Independency and Anabaptism, the two ungracious sons of Presbytery, in the King's absence, occasioned by Presbytery, grew to such an height of Stubbornness and Rebellion, as instead of being ruled, they oft attempted to murder and destroy their common Parents, who induced by the certainty of being ruined by them, sent for the King to come home, and rule them all; whose mercy is such, as that he will not apply as to persons, yet such is his Wisdom, that he will, if he Consult (which I am sure he does) his own Safety, and our Peace, make a home Application as to things. But now lest my Discourse should be too prolix, a thing to be avoided in Sermons themselves, I shall direct you, (Gentlemen) in discharge of the Duty as to the business in hand, and that shall be only in putting you in mind of your Oath, part of which is to inquire and present what's given in charge; You are to inquire after all Treasons, Petti-Treafon, etc. It's High Treason to compass or imagine the death of the King, the Queen his Wife, or of their eldest Son and Heir.  
And though the Nation be not yet so happy as they will be when his Majesty rejoices in those endearing Relations; yet by this you may see, that this Statute was made chief to preserve the Person of the King; for it's the Personal, not the Politic Capacity that never dies, if a King can be said to have either Wife or Children.  
It's High Treason likewise, if Master Saint John the late King's Solicitor be to be believed, in his Argument at Law (against the Earl of Strafford) for to alter the Religion Established; and this the Covenanters were sworn to, when they Covenanted against the Hierarchy, and Discipline of our Church; For believe it, Discipline and Ceremonies are as necessary for the preserving of Religion in its Primitive Purity, as the skin or rind of an Apple, (which of itself is insipid, and of little worth) it is to preserve the Fruit from putrefaction.  
To impose Oaths likewise, or persuade Foreigners to level War within this Kingdom, according to Master Saint John, and Master Pym, is High Treason; and their Authothoritie may be sufficient, as Argumentum ad Homines; I insist the rather, because the Covenanters may see how fare they are from being Obliged by the Covenant, (the imposing of which, being High Treason by, then, Presbyterian Authorities) that they are Obliged by the Laws both of God and Man to the quite contrary, according to the Rule, In malis promissis rescinde fidem, in turpi voto muta decretum. You are to present all Ministers, as well Beneficed as others, that do not constantly upon every Sunday, or other Opportunity of Religious Worship, read the Liturgy of the Church established by Law, commonly called The Common Prayer. In Vindication of which, If I say something more than properly belongs to this place, The Orthodox Divine, (and for the other I care not) I hope will grant an Indulgence.  
The main Objection then against Bishops, is against our Liturgy in general, Viz. That it is a Form; and (as the Information from Scotland says) It is not lawful for a man to tie himself up, or be tied up by others to a perscript Form, either in Prayer or Exhortation; To which may be thus Answered; When people meet together to worship God in public, it is not to be expected that all should pray at once according to their particular Fancy, (which as it cannot please him who is styled the God of Order, so indeed is no where practised) but that the Minister in behalf of himself, and the people, should put up his requests to Heaven. Well then; That Prayer, in speaking of which, the Minister is not tied up to a perscript Form, doth not cease though from being a Form to the Congregation; For every man who joins with the Minister, (or if he do not, what does he there?) is as much tied up from dilating himself by occasional Meditations, as if all had been read out of a Book; and yet one of these is acceptable, the other as the abominations of the Heathen is accounted. The Case than is just thus: One of yond purchases a piece of Land of his Neighbour, and in Order to the making good of his Title gets the advice of the most judicious and ablest Lawyers of the Land, in drawing the Conveyance; which done, he thinks himself in a pretty safe Condition as to that: At last meets with a bad fellow, One that uses to make motions in any Court that will hear him, for ten groats, or a dinner, who tells him he hath taken a great deal of pains to no purpose; for he can make a better Conveyance Extempore. If now the Purchaser should in this Case be ore-ruled by that small man of the Law, you would think as I suppose, he deserved to be begged for a Fool; and yet the Case is directly the same: For that Form establislit by Law, approved by all the best Reformed Churches abroad, Compiled by the advice of all the pious, sober and Learned men of that Age, Sealed with the Blood of so many Reverend Prelates, and by all agreed on to be that acceptablest way of Worshipping, God, must now be rejected for the Extempore Form of every saucy idle-headed Jack in a Pulpit.  
You are likewise to inquire of all persons that have wittingly heard, or been present at any other Form of Common Prayer, Administration of Sacraments, making of Ministers, or other Rites then what are expressed in the said Book, or which are contrary to the Statute of 2. and 3. E. 6.1. And truly, if you would but do your duty in this particular the penalty is so great, that the Auditors of Unlicent Lecturers would not be so numerous as formerly, neither would the unconforming Preachers, [These Disturbers of the Peace] have any encouragement any longer to oppose for they would soon be weary of Preaching to stone walls; To which improbability, they must be necessitated, if this Statute was put in due Execution. You are likewise to inquire, etc.  
FINIS.