A PETITION Humbly presented to his HIGHNESS the LORD PROTECTOR, AND TO THE High-Court of PARLIAMENT, THE Supreme Governors of the Commonwealth of England, Scotland, and Ireland, with the Dominions thereunto belonging. BY DIVERS MINISTERS FOR THE Establishment of themselves and others their Brethren (for their own Lives) in the places to which they were admitted to officiate (as Ministers of the Gospel) without Institution or Induction from the Bishops. WITH Reasons thereto annexed whereof the CONTENTS are set down in the Page next after the PETITION. And at the end of the Book an Epistle to the Sincere and Pious Preachers of the Word of God written before the beginning of the Parliament By PHILOTHEUS PHILOMYSTES. ACTS 1.24. And they prayed, and said, Thou Lord which knowest the hearts of all men, show. whether of these two thou hast chosen. LONDON, Printed for Edw. Brewster at the Sign of the Crane in Paul's Churchyard. MDCLIV. To his Highness the LORD PROTECTOR, AND To the High Court of PARLIAMENT, The Supreme Governors of the Commonwealth of England, Scotland and Ireland, and of the Dominions thereto belonging. The Humble Petition of diver Ministers of the English Nation for themselves and others their Brethren. Shows, THat your Petitioners (by Authority of Parliament) appointed to preach the Gospel in divers Congregations, from which the former Incumbents were by the same Authority removed for their scandal and disaffection to Reformation both Civil and Religious, have by them and the people (leavened by their unsound doctrine and prevaricating practice been harshly entertained and injuriously dealt withal by manifold both personal and real wrongs, and some of us may truly add to our complaint the threats and attempts of some of them to take away our lives; For none other cause that we can conceive, but 1. for that in the great divisions of our Nation, our judgements and consciences divided us from them and their party. 2. Because we disuse the Service book and other superstitious formalities (especially customary and promiscuous Communions at Easter, and Christmas Holidays as they commonly call them;) and 3. for that we press the precise and pious observation of the Christian Sabbath or Lords Day, and the days of occasional Humiliation and Thanks giving, as alone obliging the conscience under the state of the Gospel. And lastly, because they take us to be but unlawful intruders into the Rights of their outed Ministers, for that our tenure determines not with our own but with their lives; and we are ordered to pay a fisth part of the Sequestered Benefices, toward the maintenance of their Wives and Children, as part of their Revenue; for if the Delinquents were dead, whereby their Widows and Orphans might have more need, no part or portion should be assigned unto them, though they were not guilty of such scandalous offences against God and man as their Husbands and Fathers have been. May it please your Highness and this most Honourable Senate, weighing the Premises with the Reasons hereunto annexed, in such a way as your prudence and goodness shall direct you, to trke a course for a redress and remedy to the grievances ; so that so many of us (your Petitioners) as have continued constant to our Ministerial duties both for preaching and practice, and faithful to the cause of Religion, and the peace and welfare of our Nation, with others our Brethren, who by the great Seal or the authority of private Patrons have been admitted to ministerial Offices since the deposition of Bishops, may be confirmed in the places where we reside and officiate, for term of our natural lives (unless we deserve by any manner of miscarriage to be cast out of the favour and protection of public Authority) and may be invested with the like power and privilege both to require and recover the sights of our personal Incumbencies, which others have enjoied upon their presentations to them by them by the Title of Patronage, and institution & induction by Bishops in former times. And your Petitioners shall humbly pray, etc. THE CONTENTS OF THE Following DISCOURSE. SECT. I. A necessary Caution premised against the conceit of partiality to ourselves and injury to others, four Reasons for the Minister settlement where the Parliament placed him; The first drawn from the Parliament, Reason 1. the second from the people to whom he is sent, Reason 2. the third from himself; the fourth from the evil effects of his removal, Reason 3. in regard of others both goed and bad. Pag. 1. Reason 4. SECT. II. The fifth Reason against the present Ministers dissettlement by the Patron, Reason 5. taken from the practice of primitive antiquity most contrary to it. p. 5. SECT. III. The Sixth Reason taken from the distinction of Parishes, Reason 6. when and by whom it was made. p. 7. SECT. iv The seventh Reason taken from the Original right, Reason 7. privilege and duty of Patrons, and from the corruption of many Patrons, and their abuse of Patronages, particularly in England, both before the Parliament summoned by the late King, and since. p. 8. SECT. V The respect due to Religious Patrons, with advice for a Conscientious discharge of the trust reposed in them; wherein some passages in Mr Prinnes late Book (of the Right of Patronage) seeming to prejudice our cause, are proposed and answered. p. 13. SECT. VI The Conclusion briefly recollecting the chief contents, of what is before more largely delivered. p. 20. REASONS Humbly offered to the pious and judicious Consideration of his Highness the LORD PROTECTOR, and of the High Court of PARLIAMENT, why an able, painful, and faithful Minister (placed by the Supreme power of this Nation in the room of a Delinquent Sequestered for Scandal and disaffection to the State) should not after the Delinquents death be displaced, upon pretence of the right of Patronage, to present another in his stead, if (until then) he have persisted in a sincere and conscientious execution of his office. SECTION I. A necessary Caution premised against the conceit of partiality to ourselves and injury to others, four Reasons for the Minister's settlement where the Parliament placed him; The first drawn from the Parliament, the second from the people to whom he is sent, the third from himself; the fourth from the evil effects of his removal, in regard of others both good and bad. THough we conceive such a Minister (as ) ought to be confirmed in his Incumbency during life (his own life, not another's) yet as we would not have him stand upon the fickle terms of durante beneplacito: (either in respect of the people or of any person claiming privilege above them) so we desire not that any of us should enjoy any public maintenance or countenance any longer than Quam diu bonè se gesserit. 2. We profess we are not of their mind, a An exact relation of the Proceed and transactions of the late Parliament who were dissolved Decemb. 12. 1653. p. 18. Printed 1654. Who say, that Patron's Presentations are one of the strong holds of Satan, and who when it was b The true state of the Case of the Commonwealth, and in reference to the late established Government by a Lord Protector and a Parliament, p. 19 propounded (in an equitable way) that persons of eminent piety and fidelity might be appointed to judge of such Ministers as should be presented by Patrons, would admit of no regulation (but running out into the extreme) voted away the whole right of presentation by Patrons. We desire not to debar them or any of our Brethren of this Nation, of their rightful properties or just rights, which the Law doth give and conscience may take, as we were not willing (without our demerit) to be voted out of our Ministry; c Ibid. p. 16. or out of our right as civil men; The name of Patron where it is not (as the Pope's Holiness) titulus sine re, is to us acceptable and venerable; and for those who are worthy of it and act according to it, we honour them, and they may well deserve that honour by their faithfulness and zeal in promoting the Gospel of Christ, protecting and countenancing the true Ministers of it, and him against those that oppose or despise them. But withal we crave leave (in a matter so much importing the great good or hurt of souls (as Patronage doth, thereafter as the title and authority is used well or ill) to deal with all plainness and fidelity, and to show (for caution) what we find amisle, and to be amended or removed, as well as what (for use) we think may be approved and maintained. This premised to clear our intentions from all partiality to any of our Tribe (who make defection from their duty whether ministerial or Christian) and from injurious impeachment of any lawful privilege that any Patrons may have, if it be used lawfully; We trust our just desires may find acceptance with his Highness and the Parliament for these Reasons ensuing; which though they be of several sorts, some of them pleading the piety, justice and equity of the Ministers establishment, where he was placed by public authority (upon the displacing of the former Incumbent) some of them showing the contrary evils that any other Patron should (without any just exception against him for insufficiency, idleness or scandal) be allowed to eject him when the outed Minister dieth, who underwent a civil death (before) by his Sequestration. The first Sort of Reasons. Reason 1 The first Reason may be taken from the Parliament by whom the one was removed and the other authorised to officiate in his place; And in the Parliament two things are considerable, the one is their care to make choice of good Ministers more than can reasonably be expected, or is usually found in most private Patrons; The other their authority, which was of force to cast the offender both out of office and Benefice, and the same power might have acted for the Incumbents settlement after the Delinquents death, and doubtless had done so if (in this case) such as were Patrons and Parliament-men had (which would have been for their praise as well as for the Minister's peace) put their own interest for this particular into the Selfdenying Ordinance. Obj. But though they might departed from their own Right, or suspend the exercise of their own privilege, they could not give away other men's: But that other Patrons might still be free (upon the death of the precedent Person) to present another in his stead as they see good. Ans. 1. A Patron (if he be true to his trust) shall gain nothing (in point of profit by a new Presentation, and therefore (in that respect) he loseth nothing by confirming the present Incumbent for term of his life. 2. For the liberty of presenting another man, the Patron might have it allowed him, in making a new choice, when the successor of the former Minister dieth, who though he come into the Benefice later, may go out of the world sooner than his Predecessor, and that may prove a privilege rather than a prejudice to him. 3. If the Parliament (without such compensation or amends) had made a vote for continuation as well as for collation of the Sequestered Benefice, upon the Minister of their own choice (as we humbly conceive they ought to have done) no Patron (that was not a Parliament man) would have presumed to gainsay it, since he might see the exercise of Parliamentary power in a far greater matter, viz. in depriving his Clerk of his livelihood by their Sequestration, and might feel more himself then the suspension of his Patronage (for one turn only) in the payment of the military Sessement, and in other sorts of submission to the present power. Reason 2 2. In respect of the people; if the Parliament have made a good choice for them, it is very injurious to them to leave it to the power of particular persons to deprive them of the benefit of a good Minister, and to expose them to the peril of a worse in his place by his removal from them. Reason 3 3. In respect of the present Incumbent, it cannot but be a great grievance to him when he hath incurred the offence of many illdisposed Parishioners (for their sakes who set him a watchman over their souls) and for his sake (whom they have displaced) hath been distasted by those who superstitiously dote upon forbidden formalities, and hate Reformation with perfect hatred, then upon the death of his greatest enemy, for him to be made the chief mourner, by exposing him to extreme indigence, among them who will be more ready to insult over him then to pity or relieve him, is such a misery to the reformed Ministry, as (though a former Parliament did not prevent it) we trust the Lord Protector and the Parliament will be pleased to remedy. Reason 4 4. By these ill usages of the people and minister, the hearts of the godly are made sad, the hands of the wicked strengthened, the progress of the Gospel hindered, the honour of God (in the sight of man) reproached, Reformation retarded or rather thwarted, while a mere humane and private interest is preferred before his glory and the people's safety. SECT. II. Reason 5 The fifth Reason against the present Ministers dissettlement by the Patron, taken from the practice of primitive antiquity most contrary to it. 1. IT is contrary to the primitive practice of the purest times for the godly Christians (of old) made the choice of a Minister one of their chiefest bnsinesses of Religion, for as an eminent d Non est ullum praestautius aut sautarius Dei. donum, quam sincerus verbi divini minister: vero dona Dei non possunt aliter, quam per preces obtineri. Gerard. L. Com. Tom 6. p. 136. Writer observeth;) and (to the like purpose) speak the Reverend e There being nothing (under heaven) of greater importance than the preaching of the glorious Gospel of Jesus Christ, you cannot but be very senfible of what weight and concernment it is to take a right estimate of all that offer themselves, and to pass a due approbation of such only as Christ himself would have admitted to that great employment. Merc. Politic. from Thurld. April 13. to Thursd. April 20, 1554; Numb. 201. p. 3415. Commissioners for approbation of public Preachers, there is not a more excellent and salutary gift of God (he meaneth by the Ministry of men) than a good and well qualified Minister to Christian People; Now the gifts of God (saith he) are to be sued for by prayer to him who maketh able Ministers of the New Testament, 2 Cor. 3.6. and therefore the Church (in the Apostles time) used (upon this occasion) to address their supplications to God, as Act. 1.24 & 13.3. & 14.23. According to this pattern hath been the constant practice of those (who were entrusted by the Parliament for trial of Ministers to be sent (as supplies) to the places whence Delinquents were removed; for they always began their examination with prayer, and they and the godly people (if there were any such in the Parishes whither they were sent) joined their prayers to God for the same purpose, and so received such Ministers as was sent unto them by God for their good, whereby they and their people as joined together by God in a religious way, they should not by men be put asunder, Mat. 19.6. in a mere secular way, which hath no savour of Religion in it, we may say (in respect of some) in a very sinful way, as we shall show in the practice of divers Patrons in the fourth Section. 2. After the Apostles times (for many hundreds of years) the Monopoly of Patrons was not heard of in the Christian Church; for even Bishops were ordinarily f Marc. Anton. de Dominis the Reipubls. Eccl. l. 3. c. 3. p. 41. §. 40. chosen by the Clergy and People, which Spalatensis proves by 33. Testimonies, which are founded on this Axiom of Reason and Justice, That which is of common concernment ought to be proposed to common consent, and not to be left to the g Quod ad omnes pertinet, quod omnes tangit, ab unius arbitrio pendere neutiquam debet. Gerard. l. Com. Tom 6. p. 136. Co. 2. p. 137. Col. 1. arbitrary pleasure of one alone, which h In eligendis Episcopis diu sua populo libertas fuit conservata, nequis obtruderetur, qui non omnibus aecceptus fuit, hoc igitur in concilio Antiocheno v●tilum est, nequis invitis ingereretur quod & Leo primus diligenter confirmat. Ep. 90. c. 2. Calv Instit. l. 4. c. 4. p. 417. Calvin also affirmeth (and confirmeth it) by a Canon of a Council at Antioch, and an Epistle of Leo the first. Obj. Against this the i Bellar. de Chricis c. 7. Tom. 2. p. 309. in 8. Estius in l. 4. Sent dist. 24. Eckius de primatu Petri, l. 3. c. 28. Papists take many exceptions upon pretence of reason and testimony, their Reasons are many of them feeble and frivolous, and their Testimonies of small authority, only one (of each sort) is worthy of notice and answer: The reason is, that popular Elections are turbulent and tend to Sedition and Faction: The Testimony is that of the Council of k Concil. Laodicen. Can. 13. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tom. 1. Concil. p. 298. Edit. Bin. Lutet. Paris. p. 1636. Laodicea (which sat about the year 320.) and would not permit the people to make choice of Bishops or Ministers, which l Fateor in Concilio Laodiceno optima racione constitutum, ne turbis Electio permittatur; vix enim unquam evenit ut tot capita. etc. Calv. Instit. l. 2. c. 4. p. 418. §. 12. Calvin not only confesseth but commendeth, because (saith he) it very rarely (or scarce at any time) cometh to pass that so many heads do agree in one sense well to compose any matter; But for this inconvenience there was (saith he) good remedy; For 1. The promiscuous multitude were not permitted to manage the Election, and that was it which was forbidden in the forecited Canon of the Council of Laodicea, the same (in effect) is asserted by the m The Divine Right of the Gospel-Ministry, par. 1. c. 8. pag. 125. where they propose and prove, That the Election of a Minister doth not belong wholly or solely to the major part of every particular Congregation. Provincial Assembly of London in their late Learned Book of the Divine Right of the Gospel-Ministry. The * This term Clorgy we use only because it is best understood, not as misapplied by Papists or any other who appropriate it to themselves, to the prejudiee of the just privilege of all true believers who are clear (or the Lord's lot and portion) as well as the Priests under the Old Testament, or Presbyters or Ministers of the New. Clergy by rule and order, that the Election might be orderly, made the first choice, and proposed the Elected person to the Magistrate or Senate (if they were Christian) if not, to the people who were professed Christians; if they had any just exception against the party proposed, another was offered, and if the people made choice of any, the Clergy were to judge of their fitness or unfitness, and to approve or dislike of them as they saw cause; So that the last or complete Election was not left to the people alone, nor they left out, or any one obtruded upon them without their consent, and that they might consent to receive such a man as did merit their acceptance, they were docendi & ducendi to be taught and lead by those who were better able to judge then themselves, and who were (by no means) to suffer themselves to be misled by popular ignorance or perverseness: thus (in effect though in other words) have m Calv. Instit. ubi ante. Calvin, n Spalat. de Reipub. Eccles. l. 3. c. 3. p. 414. §. 52. Spalatensis, o Duaren. de Sac. Ecc. minist. l. 3. c. 11. fol. 59 a. and Duarenus the p Dr Reynolds Yhes. 5. p. 650. added to his conference with Hart. famous Lawyer (as D. Reynolds set him forth) resolved, and thereby have avoided the Popish Objections . SECT. III. Reason 6 The Sixth Reason taken from the distinction of Parishes, when and by whom it was made. 3. FOr a great part of this time there was no distinction of Parishes, and until they were distinguished there was no Patron that had any such privilege as is now assumed. q Tooker of the Fab. of the Church and Church-livings p. 44. D. Tooker and r Hooker Eccl. Pol. l. 5. p. 33.3. M. Hooker refer the Original of Parochial Partitions to Pope Evaristius Anno Christi 112. but neither of them quote any authority for it; They that do name the Book called the Pontificiale of Pope Damasus who was Bishop of Rome, about the year 367. but that (say s Baron. Annal, Tom. 4. ad An. 384. num. 22. Baronius and t Possea. Appar. Tom. ●. p. 410. Possevine) was not the Book of that Damasus (but of another) nor was it the Book of any Damasus at all, but of Anastasius Bibliethecarius saith u Bellar. de Ecc. Script. p. 123. Bellarmine, and whose Book soever it was, it is (for divers untruths) disapproved by w Baron. ubi supra. Baronius, and x Bin. Tom. 1. cou. p. 61. col. 2. Binius; Others refer the Original of this distinction to Pope Dionyfius Anno 261. as y Bin. ibid. p. 191. col. 2. Binius accounts, but z Baron. Tom. 2. num. 17. Baronius reckons Anno 270. But this a Baron. ubi avio. Baronius reports rather as a Renovation in his time, or by him, than a new Institution: Howsoever, b Mr Seld. Hist. of Tithes, c. 9 p. 254, 255. 4. Whether the division of Parishes were Anno 112. 261. or 270. or any time, before the Year 700. (if made by a Pope or any Prelate of inferior degree) it makes nothing for the sole privilege of Patrons hitherto; for until the Year 700. (as M. Selden observerh) the Ministers lived with the Bishops (who received the revenues of the Church within the compass of their diocese for themselves and them) and were sent out (by them) to preach and administer the Sacraments in several places (as was thought most expedient) in this no Patron had any thing to do either with the Office or Benefice of a Minister. SECT. iv Reason 7 The seventh Reason taken from the Original right, privilege and duty of Patrons, and from the corruption of many Patrons, and their abuse of Patronages, particularly in England, both before the Parliament summoned by the late King, and since. 5. THE Learned and prudent Author of the History of the Council of Trent conceiveth, the division of Parishes in many places to have began with the people, thus, b Hist. of the Counc. of Trent. l. 6. p. 498. When a certain number of Inhabitants (having received the true faith) built a Temple for exercise of Religion, they hired a Minister, and did constitute a Church, which by the neighbours was called a Parish, and when the number was increased, if one Church and Minister were not sufficient, those who were most remote did build another and fit themselves better. c M. Selden ib. p. 259. Of this see also M. Priune de Jure Patronat. pag. 10. Mr Selden maketh the like Observation, When Devotion (saith he) grew firmer, and most Laymen (of fair Estates) desired the Country residence of some Chaplains that might be always ready for Christian instruction of them, their Families and adjoining Tenants, Oratories, and Churches began to be built, and were endowed with peculiar maintenance from the Founders for the Incumbents which should there only reside. 6. From this foundation or maintenance allotted to the Minister, the Founder or Benefactor had a d Joh. Cal. Medul. lexici jurid. p 808. Col. 1. Jus Cansuic. tit. 38. c. 25. col. 498. Jus Greg. 23. Edit. an. 1616. Justiniani Novel. 123. Council Trident. Sess. 14. c. 12. Tom. 9 p. 391. cowel's Interpret. verbo Patrov. Duaren. de Sacr. Eecl. Minister. l. 5. fol 63. p. 6. Right of Patronage, and was called a Patron, rather a Patron then a Lord (saith e Dua en. Ibid fol. 64. a. Duarenus) because be was to be a Protector of the Church. f See Mr. Prinne de Jure Eatronat. p. 4 r. by Plea, by intercession, by his tongue, by his pen, by his purse, and by his sword, and for both these Reasons be had a double privilege, the one was to g See the Author's torecited; and add to them M. Prinne de Jure Patronat. p. 10, 11, 13. present a Clerk when the Church was void, the other was h Patronus hovoraudus & ab Ecclesia sundard, sustentandas stegeat, Loc. come. in jus canonicum ad fin. Corp Juris canon. verb Patronus. to be relieved out of the revenues of the Church, if he (who was so religiously liberal, should (which was very rarely and seldom seen) come to need the liberality of others. 7. These privileges are held by i Est autem jus Patronatus personale, nec personam egredatur, nisi 〈◊〉 〈◊〉 sit ratio quae in 〈◊〉. Joh. Calv. Ned. lex jurid. p. 808. 〈◊〉. 1. Nemo cujusvis dignitatis Ecclesiastica vel secularis) quacunque ratione (nisi beneficum aut capellam, de nove fundaverit, out erectam sufficicute dote de suis proprijs & patrimonialibus bo●is competenter dotaverit) jus Patronatus imprtrare aut obtinere possit. Coc l. Trid. Sesse. 14. c. 12. To. 9 p. 391. some only person not hereditary, and so not to be transferred to●● man's heir (unless fox the same reason that was in the Predecessor, that is): unless he be a Founder or Benefactor also as he was; Others hold that the right of Patronage may pass from one to another (as Lands of Inheritance) as k Notandum quod (mortus Patrono) idsus. ad-haeredem ipsius tranfire, & si plures existunt Haereder in solidum Patroni eunt non pre partibus hereditaries. Fr. Duaren. de Eccl. Sacr. minist. l. 5. c. 4. fol. 64. a. Duarenus resolveth, and (with him) divers others, whose testimonies we shall no need to relate, since we of this Nation have many Laws and long practice, for an hereditary right to a Title of Patronage, as well as of mere secular possessions, yet 8. The practice of divers Patrons hath been such as hath showed them to be rather titular then real, many ways * Contra detestabilcm corruptelam Patronerum, qui (rectoribus Ecclesiarum defunctis) Ecclesias spoliant. Concil. Salisburg. An. Domint 1420. Tom. 7. par 7. p. 1147. col. 1. for some (When the Rectors have been dead) have rob their living Successors of their Rights and Revenues, l Nonnulli Eccles. Patroni pueros infants & alios in Ecelesiis (in quibus jus Patronatus obtinent) violenter intrudunt. Conc. Palentin. An. 1332. Tom. 7. par. 2. pag. 960. col. 2. and some have intruded children, yea, Infants in stead of able Pastors, who could do no duty that others in their Names might take the deuce belonging to the Labourer in the work of the Lord, and those who are guilty of these crimes will make no scruple (though it be a great sin) to commit m Quoniam in quibusdam locis Alamaniae fundatores Ecclesiarum, aut ipsorum Haeredes potestate abutuntur, clerices Simoniace praesentantes, etc. Concil. Gerunden. Ann. 1225. Tom. 7. Conc. part. 2. can. 9 pag. 834, 835. Simony whereby they make a Minister to buy an insupportable burden (the charge of souls) at such an unreasonable rate, as (if he live long) he shall never thrive or save by it, and (if he die soon) he is like to be a great loser, by his hard bargain with his greedy Patron. Besides what his loss may be at his account in another world, which is seldom thought of (by such Simoniacal chapmen) until it come upon them to their confusion. 9 We could wish that these complaints were (all of them) to be confined to foreign and Popish Patrons; But our condition is not so happy, for with us Protestants (such Protestanrs as the Patrons of whom we now speak are Patrons) the sin of Simony is more allowed than it is among the Papists: For 1. n Append. ad Conoil Later. 3. Conc. par. 2. p. 673. Azor. Inst. par. 3. pag. 12. c. 10. col. 1690, Ibid. They forbidden and condemn the sale of the right of Patronage. 2. ᵒ If a man sell any thing to which a Patronage is annexed, they judge it Simony to take any more for the purchase (with respect to the Patronage) then if there were no Patronage to pass along with it. 3. p Benesleium (untequans vacat) nec dandum, vec promittendum. Fr. Duaren. de Sac. eccles. minist. l. 5. c. 12. fol. 74. p. 6. They prohibited not only the sale of Advowsons' but the gift or promise of any place before it be void, whereof the q Nulla Ecclefiastica ministeria ceu Beneficia tribuantur alicui, ceu promittantur, ne defidenare quis mortem proximi videatur, in cujus locum & beneficium se crediderit successurum. Decret. Greg. l. 3. tit, 8. col. 389. Canon Law rendereth this reason, lest he should desire his death in whose place he had hope to succeed; and the Bishop of r Hist. of Council of Trent. l. 8. p. 764. Conimbree (in the Council of Trent) speaking at large against expectations and advow. sons, enforced his reason to a furtherdegree of danger then the desire of death, and said, they make the Incumbents death not only to be desired but some times to be procured. But (with us) Patronages are bought and sold, not only as Appendices to other things that are purehased, but singly and by themselves, and the selling of advowsons avowed as vendible s Assets, So M. Pryn calleth them de Jure Patronatus, p. 14. The word Assets is nothing but the French word Assez i.e. satis. It signifieth in our common Law goods enough to discharge that burden which is cast upon the Executor or, Heir, in the satisfying of the Testators or Ancestors debts or legacies. cowel's Interp. ver. Assets. Assets as well as either lands or chattels t Of this See the Copy of a Letter written on that occasion at the end of this Book. , and that had been so decreed by Ordinance of Parliament, and by their practice confirmed, if some men's votes might have prevailed to so ill a purpose, and with us the Sale of Benefices (actually void) hath been so frequent and ordinary, that there was need of a u Can. 40. of the Convocat. held 1603. the Oath is in these words following, 1 N. N. do swear, That I have made no Simoniacal payment, contract or promise, directly or indirectly, by myself or by any other, to my knowledge or with my consent, to any person or persons whatsoever, for or concerning the procuring and obtaining of this ecclesiastical dignity, place, preferment, office or living (respectively and particularly naming the same to which he is to be admirted, instituted, collated, installed or confirmed) nor will (at any time) hereafter perform or satisfy any such kind of payment, conduct or promise, made by any other without my knowledge and consent. So help me God through Jesus Christ. very strict Canonical Oath to withhold Ministers from buying of them, and as great need was there, and greater reason to put an Oath upon Patrons; that they should not sell them for the * M Prinne de Jure Patronatus, p. 18. forfeiture of one turn only of presentation (which is all the punishment our Law inflicteth upon a Simoniacal Patron) is too little, the Canon Law doometh him to no less a loss, than (for his t Lindwood. Prov. constit. l. 5. fo. 202. p. 6. whole life) to be deprived of the power of presenting, but their privilege hath found too many Patrons (hitherto in the Parliament) so that (as a choice darling) by whom it hath been too much cherished to be restrained from all offence, and too many friends in Courts of justice to be punished when abused, thence it is 10. That Patrons have put in so many unworthy Ministers who deserved (by the Parliament to be put out again, and that they have sometimes presumed (by force of Arms) to pull those out of their possession, At Astbury in Chesh. An. 1658 whom both the Houses of Parliament have (by their express approbation) chosen and placed in the room of displaced Delinquents, and that some have outed Ministers of eminent note and public approbation, to make room for those who (for their disaffection to the State) have been expelled out of other places, and that others (as bad as they) have been (by Patrons) obtruded upon the people, and so (as they well deserved) have been again removed by authority: In these and other kinds (very criminal) we doubt not but divers instances of miscarriage of Patrons may be produced, which may be worthy both of the cognizance and correction of the Supreme authority of this Nation. 11. The office of a Patron being to protect both the Incumbent and people against injury (so far as he is able) without any expectation of advantage to himself, it is his duty to do what he can that the Church may be well supplied u M. Prinne de jure patronatus. p. 7, 11, 13, 13, 15, 21, 35. in case of lawful avoidance by death, resignation, translation, deprivation, or otherwise, but not to make it void when it is well supplied already, by putting out an able and learned Minister, that he may show his power and act his pleasure by imposing another upon the people. Nor is there or can there be any thing in his privilege (if rightly stated and not corruptly exercised) which may countervail the least of the evils (before remembered and complained of) against the glory of God, the honour of the Government, the Right of the people and Minister appointed by the one and accepted by the other (at least by the godly party) for their spiritual guide in the Ministry of the Gospel. And in this case we conceive their privilege (such as it is) should be less prevalent for the expulsion of a good Minister who abused it before in the choice of a bad one, so bad that he deserved to be expelled for dis-service to the Church and State, and therefore put a necessity upon the Superior powers to put him out and to choose another, who (continuing true to his undertaking) should be continued in his place for the carrying of the work of Reformation, as it was designed by the Supreme authority of this Nation, which is deserted and obstructed by permitting a private Patron to drive an able, faithful, and painful Preacher from the Church to which he was sent (by the highest authority, upon due and orderly trial of his sufficiency and sincerity) and to put in another (of his own Nomination) to succeed the dead in his Title and the living in the Office and Benefice annexed to it, which a faithful and godly Patron would not do if he might, and an unfaithful and wicked Patron should not be permitted to do if he would. SECT. V The respect due to Religious Patrons, with advice for a Conscientious discharge of the trust reposed in them; wherein some passages in Mr Prinnes late Book (of the Right of Patronage) seeming to prejudice our cause, are proposed and answered. WE do not by all or any of this we have said, intent any prejudice to such Patrons as (by Law) are allowed to take care and provide a well-qualified Preacher for a People that want him, and who show themselves conscientiously careful to promote the glory of God and the spiritual good of Christian Congregations, preferring them before their own temporal interest; Such a Patron we take for a Patron indeed, that is, a u Accipitur Patrouns pro defensore corum quos in tutela habet. And. Altiat. de verb. signif. Commont. leg. 52. p. 129. defender, which implieth as x M. Prinne de jure patronatus, p. 4. M. Prin holdeth, not only a Patronage Protection, or defence of the Incumbents and Churches cause, when there is need in Courts of Justice, by way of plea or intercession, as an Advocate doth, but also their defence and Patronage, by the sword, in the field when assaulted by openarmed adversaries, sacrilegious Church-robbers, or blourly persecutors; by pen, when invaded by heretics and Schismatiches; Such a Patron well deserveth to be honoured (as the Civilians * Primum locum (post patrem apud clientem) obtinere patronus debet. Ibid. teach us) next unto a Father; and we conceive he may be of good use for the choice of a meet Minister, and for his comfortable Incumbency (when he is chosen) as also for the prevention of discord, and for quiet composing thereof (if it arise among the people about the Election of a Minister) and that when such a one as is not liable to any just exception, (for insufficiency or ill carriage) is by such a Patron seasonably offered to the people (that is, when the place becometh void by death, resignation, etc.) as hath been said of him who officiated to them before, he should rather be cheerfully received, then waywardly rejected by them, which hath w Peccant Ecclesiae quae personam a Patrovis nominatam, testimonio consistorij comprobatam, donis ad doccndum necessarijs instructam, etc. recipere reeusant, urgentes ut plures una personae praesententur in arbitrio enim Patrovorum positum, an unam vel plures personas nominare velint, nes absolutae necessicatis est, ex pluribus fieri electionem, sed suffieit ad legitim an vocationem si accedat Ecclesiae consensus:— a Patrono nominaium & a consistorio comprobatum populus denegare non debet, nisi ob graves ac praegnantes causas, doctrinam vel vitam praelentatae personae concernentes. Gerard. loc. come. vol. 6. c. 3. Sect. 6. col. 137. sometimes been the people's fault, who have refused such as have been worthy to be accepted, because singly proposed by the Patron without others out of whom they might take their choice of him they like best. Which disrespect of a worthy and well-meaning Patron is deservedly disliked and condemned by a Learned Author ; for it is very considerable which z M. Prinne de Jure pat. p, 10, 11. M. Prinne hath in his late Book of the Right of Patronage (though in all points we agree not with him, and in some particulars conceive we have just cause to except against him) in these words, Now because both the soil whereon these Churches were built, together with the Churchyards thereto annexed for interring the dead, these Fabrics of the Churches, with the Parsonage-houses, Rectories, Glebes, Revenues, and Tithes thereto annexed, for the Minister's maintenance, proceeded originally from these Founder's Piety and Donation, and no way from the Parishioners who were but the Founder's Tenants Servants or Children, and held their Lands from by or under them, charged with such Tithes as they first granted out of them to the Ministers (still allowed to them in their Leases, Fines, Purchases, in all succeeding ages by a proportionable defalcation, according to their ordinary valuation) both by the common, Canon, and civil law, to the Laws of our own and other Realms, and the very dictates of Reason, Justice, Equity, held it reasonable, just, equitable, that these pious, bountiful Founders and Benefactors should reserve the full and absolute power of bestowing, conferring the Rectories, Tithes, and profits of these Cburches (upon every avoidance by death, resignation, y Cessein seems to be allied in signisication to Cessor, and Cessor is he that so long ceaseth or neglecteth to perform a duty belonging to him, as that by his cease or cessing, he incurreth the danger of Law, and hath or may have the Writ Cessavit brought against him. Old nat. brev. p. 126. cowel's Interp. verb. Cessor. Cessein, translation, deprivation, or otherwise) on such Incumbent Ministers as themselves, their Heirs and Assigns, should nominate and make choice of for their Ministers and Chaplains, it being held both unjust and unreasonable, unconscionable, injurious and ungrateful, that the Parishioners or other strangers (who contributed nothing towards the Fabrics Soil or Endowments of these Churches, and paid no Tithes but what originally proceeded from the Patron's Grants, allowed to themin their Fines and Purchases) should deprive them of or intercommon with them, in their Right of presentation, upon any avoidance, it being the Founder's mere courtesy, piety, favour, to admit them and their posterities free access at all times to these Churches, which they founded not, and to reap the spiritual benefit of these Ministers and Ordinances which they maintained not at their own free cost, but these Founders and Patrons only; As it is (at this day) a mere grace and favour in our Inns of Court, Colleges, and some Noblemen and Gentlemen in the Country, to permit their Neighhours and Strangers free access to their private Chapels in their houses to the Ordinances here dispensed by their own hired Chaplains and Preachers, So far M. Prinne. We have reported his opinion of the Patrons Right and power in presentations at length; That it may appear we do him right, in what he saith well, and that we do him no wrong when we except against that wherein (we conceive) he hath said amiss. For we grant the Right of a Fundamental Patron, or of a Patron that is a Founder of or a great Benefactor to a Church, is much in that Church so founded and endowed by him, but we do not couccive that they who were never such as either of them, cannot have a full and absolute power of bestowing and conferring Rectories, Benefiees, Tithes, and profits of Churches, upon every avoidance, on such Incumbent Ministers as themselves, their Heirs and Assigns alone shall nominate and make choice of for their Ministers and Chaplains, neither do we think there is as good justice and equity for his propriety of Right for sole Election who is neither Founder nor Benefactor, as for his who builded a Church or house upon his own Land, at his own cost, and endowed them with glebe-lands, and Tithes to dispose of them to whom he thinks meet, without the Licence of any others who have no interest nor Inheritance therein, as y M. Prinne de Jure pat. p. 11, 21. Mr Prinne affirmeth: Nor can we imagine that so good and learned a man, so good a Friend to godly and learned Ministers, as Mr Prinne, would be advocate for any Patrons who would not rather use his power to confirm an able and Religious Minister in his place, then to eject him (upon this pretence) that by the Law he hath a peculiar and singnlar Right so to do. For 1. (as M. z M. Prinnc de Jure par. p. 21. Prinne himself a Ibid. p 35. confesseth) the Patrons Right is not absolute but limited by law to the choice of a fit person, a b Ibid. p. 27. convenient Minister, when the Church is void. 2. That fitness is to be judged of by others, as himself (in effect) acknowledgeth, where he saith c Ibid. p. 27. that the evils and corrapt Contracts are sufficiently prevented by the Laws already made against them (we wish it were so) and a vigilant care of Governors and Presbyteries, to admit none but able, godly, and Orthodox persons. 3. Those who founded Churches and endowed them out of devotion, gave them to God, and in regard of his Interest in them could not dispose of them, could not dispose of them as a man might do of a private or partieular house which he buileeth for a civil use. 4. That the people have some more right in Churches then at the courtesy of Patrons, appears by this, they are by the Laws of the Land to repair the body of the Church at their charge, as the Rector or the Parson is the Chancel at his charge, which could not be expected, nor would it be performed without (at least) an implicit acknowledgement of a Right to make use of it. Obj. But though they have a right to make use of the Church, they have no right to make choice of the Minister who is to officiate in it, and if the power were put into their hands (saith M. Prinne) 1. It would d M. Prinne do Jure pat. p. 27. cause faction and division in every Parish upon every vacancy. 2. e Ibid. p. 28. The generality of the Parishioners and people (in most Parishes) are so ignorant, vicious, irreligious, injudicious, profane, neglectful of Gods public. Ordinances, and enemies to all soulsearching and soulsaving Ministers, who would seriously reprove and withdraw them from their fins and evil courses, that we may sooner find an hundred conscientious, religious, and godly Patrons (careful to present and encourage such Ministers) than one such Parish wherein the generality and swaying part of the people, are so well-affested and qualified as such Patrons. Answ. 1. The right of the people (as we have already showed) is more in the admission of the Minister then in possession of the place where he performeth his Function, and a right of so much more moment, that it were better for them to hear a good Minister in the open Air (as at Paul's Cross the use hath been heretofore) then a bad one under the shelter of a seeled or leaded Church-roof. 2. As it would go ill with Religion if the choice of Ministeers were to be swayed by the choice of the generality of Parishioners, or the major part: so we fear it would not go very well with it if there were an absolute power in the generality of Patrons, to Place what Ministers they please over our Christian Congregations, and to displace them at their pleasure, Theresore 5. As we would not have the Patron's power absolute, especially not so far as to be able to displace an able and worthy Minister set over a people by public authority, so we would not have the rude or irreligious Rabble, to interpose in so pious an interest, nor the godly (who are best able to judge) wayward to contest with the Patron, when he proposeth such an one to them as neither by lack of learning, utterance, diligence, and godliness of life, is liable to exception. Nor would we have such a Minister to slight the favour of the Patron (because he is placed by a power fuperiour to his) but rather by all ingenuous observance of him, and respect unto him, to endeavour the obtainment of his consent to his settlement, and his countenance and his protection in the execution of his calling. And that Patrons may be more free from desert of complaints against them then many heretofore have been, we wish them to take heed of taking gain for godliness, as some do, 1 Tim. 6.5. and rather to think godliness is gain, as the Apostle would have them, v. 6. and then they will not (for filthy lucre's sake) make sale of that which should be freely given. The Emperor Alexander Severus (not professed Christian f Christo Templum condere voluit, cumque inter Deos recipere, cumque Christiani qui locumquendam qui publicus fuerat occupassent, & popinarij dicerent sibi eum deberi, rescripfit, melius essc quomodocunque illic Deus colatur, quam locus popinarijs dedatur. Bueolz, Ind. Chron. ad An. 224. p. 171. though a favourer of Christ and Christian profession) would not allow of the g Necesse est ut qui emit vendat, ego non patiar mercatores potestatum, quos si patiar soudemuare non possum, erubesco enim punire illum bominem qui emit & vendit. Elias Lamprid. de Alexandr. Sever. part. 3. Hist. August. p. 376. Edit. Boxborn. sale of secular offices, lest they who bought their power by wholesale, should sell their consciences by retail in the exercise thereof, wherein the injury could be but (as the office was) secular (relating only to the bodies, goods, or good name of another) but buying and selling spiritual offices may produce so much worse effects as the things are the better and more precious (the glory of God and the souls of men) most prejudiced by such Simoniacal merchandise. Therefore Patrons should do well, to take the good counsel of h M. Hooker (though no Precisian) he calls it a Request and most earnest Suit, in these words, That they who have a Right to Patronage, have power to present to spiritual live, and may in that respect much damnify the Church of God (for the ease of their own acccunt in that dreadful day) would somewhat consider what it is to betray (for gain) the souls which Christ hath redeemed with his blood, what to violate the sacred bond of fidelity and solemn promise given (at first) to God and his Church, by them from whose original (together with the self Title of Right) the same obligation of duty is likewise descended. This grave and godly advice as it behoveth all Patrons seriously to consider and constantly to practise, so it layeth so much the greater Engagement upon Academical and Collegiate Patrons, as the i In case of recusancy, Popish Patrons (during their recusancy only) are disabled to present or grant any avoidance of any Churches or Ecclesiastical Live after conviction. cook 10. Rep. P. 55. and their right of presentment granted to the Universties of Oxford and Cambridge. 3. Idcob. cap 5. cited by M. Prinne de iure patron. p. 18. greater trust is reposed in ' them, and as they have the more choice are better able to judge, and are more obliged to look directly to the gracious and glorious ends for which the Ministry is ordained, and for such Patrons though heretofore (conferring Benefices rather by tale of years than weight of parts) they too frequently sent forth unworthy men to take upon them tae charge of souls, yet in the worst of times they were seldom guilty of the sin of Simony (as most other Patrons were:) but now there is less fear of that, and more hope that for time to come collegiat presentations will be swayed not by seniority but sufficiency, and not by Learning alone by Religion likewise, not to deprive a people of a good Minister when they have one, but to supply them with a good one when they want, not by mere imperious imposition upon the people, but by a Christian and courteous compliance with their good like, when just and reasonable things will give them content, and so it will be matter of great advantage to the Church, that such pious, judicious, and meek-spirited Patrons be still continued in their trust. SECT. VI The Conclusion briefly recollecting the chief contents, of what is before more largely delivered. 1. IF the Parliament, professing and acting Reformation of matters amiss in Church and State, be justly to be reputed more circumspect and careful, what Pastors they set up over Christian Congregations, then ordinary Patrons may reasonably be presumed to be. 2. If when the Parliament hath made a good choice of a Pastor for such a people, and they have accepted of him, and are desirous to have him continue with them, they should not be deprived of him at the will and pleasure of one man. 3. If the Minister appointed to officiate by the Parliament be exposed to the hatred of the outed Minister and all his party, and to all the injuries and indignities they can do him, for his faithful and constant cleaving to the Parliament, and for his conformity to their Ordinances against sinful profaneness and superstitious formality. 4. If when the Sequestered Minister dieth, the thrusting out of such a one by the Patron that he may put in another whom he pleaseth in his place be to give him up to misery, among them that hate him, and to make him the principal mourner at his chief enemy's death, and this to the grief of the godly, the rejoicing of the wicked, and to the great Reproach and Impediment of the Reformation professed. 5. If the primitive Christians (of the purest times) made the choice of an Evangelicall Minister not a matter (merely or principally) of humane management, but one of the chiefest businesses of Religion, to be guided and ordered by an especial providence of God, and that to be sought for and obtained by prayer. 6. If for many hundreds of years after Christ the Church had no such presentative Patrons as in later ages have born all the sway, but that matters of common concernment in the Church (as the choice of a Minister is) were to be carried on by common consultation, and as much as may be also by consent. 7. If when Patronage began, such only were rightly so called and accounted, as were Founders of Churches, and enowed them with competent Revenues, or were (some way or other) great benefactors unto them. 8. If the office of a Patron be to be careful to supply a Congregation with a good Minister, when there is want of one, and not to deprive the people of a good one when they have him, and by all good ways and means to uphold and countenance him in his office, and to maintain the Rights and Privileges of the Church committed to his care. 9 If a Patron may not sell either a presentation or an advowson, nor make any secular advantage of his Right or Trust, as a true religious Patron will not though he might gain never so much by the bargain. 10. If Suspension of a Patron from one turn of presenting only at the death of the former, may be recompensed by permitting him to present at the death of the later Incumbent, and that in all likelihood by a speedier return, when an ancient man is placed in the room of a younger; or if (without such compensation) one turn were wholly lost to him, the inconvenience were nothing so great as the mischiefs sorementioned on the Minister's part, and theirs who are interested in him, if he should be ejected, because it is the Patron's pleasure to have it so. 11. If the Prevarication of divers particular Patrons, and the abuse of their power and trust, have been such in this Nation (especially by the sin of Simony) as to need severe Laws and Ordinances to restrain it. 12. If so many, set up for Overseers or Watchmen for the safety of souls, by such Patrons (though all were not such, for divers were rather unhappy then ungodly in the choice of their Clerks) deserved to be put out for insufficiency, idleness, scandal and disaffection to the Parliament, and those whom they have sent to succeed them in their places, continue constant in the duties of their callings, both general as Christians, and particular as Ministers, and as Subjects to the Supreme Governors of this Nation; Then we trust that their wisdom duly weighing all the premises (which before have been proposed and proved) will conconclude our Request to be reasonable, and their goodness will resolve to take us so fare into their honourable and powerful protection, as to secure us in our Incumbency while we live, and endeavour sincerely and conscientiously to discharge our duties to God and his people, from the reward of such as like unsavoury salt deserve to be cast on't, and to be trodden under foot of men, Mat. 5.13. which though we conceive no Patron (who can justly challenge the Title, and truly performeth the trust of a Patron) will think us worthy of, yet since we have no ground of hope that the most are such as they should be, we may have just cause of fear lest it may be the lot of divers among us to be hardly dealt withal, if we fall into some of their hands (specially theirs who in their Principles and practise as fare as they dare, are as opposite to the present Magistracy as to our Ministry) for of such we may expect to suffer both for their sakes and for our own; Sure we are we have the more enemies, and our enemies are the more spiteful against us, and more ready to wrong us by all the ways they have in their power (as in part we have touched in our Petition,) Because 1. We adhered to the Parliament, while they so fare as their power and courage carried them, opposed it, and obeyed the authority thereof in submitting to such commands as are rather conformable then contrary to the Word of God, which they deny and disobey as boldly as if the government that is over them, had nothing to do with them but to protect them in a privilege to say and do what they please. 2, We do not admit of such promiscuous Communions as make no difference between the clean and unclean, as there should be Eze. 22.26. to which confusion the common people have been so accuftomed (especially at Easter) that they think we do them more wrong in denying them the Sacramental bread and wine at that time (though for gross ignorance or open scandal) than they can do us though they defraud us of our deuce throughout the whole Year. 3. We do not officiate by the Service-Book, which divers of them so much dote on, that we fear it would offend them more to be deprived of it then if the Bible were taken from them. 4. We are more strict in our doctrine and practice, concerning the Sabbath, and other points of Christian piety, and are more zealous against the Superstitious and profane observances which meet together (though otherwise opposite) in their unchristian Christmas Revellings then our Predecessors have been. By all which as we are made the objects of a deeper degree of hatred by our advesaries, so we hope (for the same causes) we shall be accounted the more capable of his Highness and the Parliaments compassion for prevention of that evil which may befall us if we survive our Predecessors, and succeed them not in the favour of the Patron, to settle us where (by authority of Parllament) we were formerly placed. The Copy of the Letter mentioned in the 4th Section at the Letter (t) in the margin of the 2d Alphabet. Right Honourable, and my very good Lord, I Shall first desire to represent my most affectionate and humble sense of the favour your Lordship showeth me, and of the honour you do me, in that (at so little leisure as your many and weighty affairs will allow you) you are pleased not only to bestow so many lines upon me at once, but in them both to instruct me what to think, and hope of our present Optimates, and to cheer me up in my many conflicts with the Pessimates of these; by a promise of more frequent exchange of Letters with me in time to come: Though I shall not be so presumptuous (in taking your word) as to expect a commerce with you (in this kind) upon even returns, but only as it shall please your Lordship to take the occasion and make the proportion. Next because you refer me to the Diurnals for common intelligence, I shall crave leave to present you with some thoughts and doubts I have concerning a report in the moderate, as the Authors miscalls his Newsbook of this last week, in the last page of it, which he delivereth in these words, An Act for Sale of all Ecclesiastical Promotions in the gift of the Crown, great Seal, etc. which was twice read and committed; If he relate aright, somewhat (as I humbly conceive) is wrong, at least in the design of some, which if it should proceed to accomplishment (unless it be lessened with so many limitations as would bring it next to nothing) would east a greater reproach upon our Reformation, then could fairly be cleared by the most able Apologist; for the Sale of Ecclesiastical Offices is condemned by Scripture, by reason, by humane constitutions of all sorts, by the godly in all ages, and the better sort of both Religions, Protestant and Papist. In the Title of this Act (as this man sets it down in contrary terms of sale and gift) there is the confession of a fault (at least implicitly) and a profession (in ance) of a more corrupt administration of Ecclesiastical matters then in the late King's time, in setting that to open sale which hath been and should be bestowed merely as a gift: there is something in our Laws I confess (as your Lordship better knoweth than I) which permitteth the sale and purchase of Ecclesiastical Patronages, and of advowsons; and so they permit Duels, Pluralities, Nonresidence, but I hope the abolition of such Laws will be a further degree of our departure from the corruption of Popery and Papal prelacy, and if the State will allow of such scandalous traffic (but I hope it will never do so) their next act must be command them that have bought Ecclesiastical Benefices to give them freely to those that are to officiate in the Church; as Dionysius k Dionysius victoriolas aureas, & Pateras coronasque simulachrorum tollebant, etc. ferunt haec quae dixi sublata de favis, in forum protulisse & per praeconem vendidisse, exactaque pecunia edixisse, ut quod quisque a sacris baberet, id (aute diem certam) in suum quidque fanum referret. Cic. de Nat. dear. l. 3. p. 255. num. 63. when he had spoiled the Heathens Temples of their riches, and ornaments, and had (by Proclamation of a Crier) sold them in the market, and received money for them, gave charge to the buyers to restore them to the Tèmples from whence they were taken, to which Edict the Orator that reports it adds this Epiphonema, l Ita ad impietatem it Dcos, in homines adjunxit injuriam. Ibid. so to impiety against God he joined injury against men, and how shall those two be separated in the sale of such things as (appertaining to Religion) should be freely given for Religion's sake? And if they ratify their sale so far as to allow men to sell that which they have bought, that is a doubling, yea, a multiplying of the impiety, as oft as the alienation of such things passeth from hand to hand, which must needs amount to a greater guilt then of Dionysius; for he (for aught we find upon record) offended but once in that kind, and presently retracted the wrong done to Religion, by a Decree of Restitution of his Temple-spoils (though he restored not the money to them that bought them) as conceiving it to be a lesser crime to be injurious towards men then sacrilegious toward God, wherein in Thesi he did not err, though in hypothesi (I grant) it was worse so to defraud men then to take away the goods from such Idol-gods, supposing he took them for mere Idols and not for true gods whom he rob; Your Lordship (I trust) hath read thus fare with patience, since you know it is a service of duty and charity to do all we can to prevent the evil of sin, Leu. 19.17. I must now leave it to your Lordship's prudence, to make such use of this advertisement as just cause and fit occasion may produce, hoping that if such as are wise espy any error in this plaindealing of mine, they that are also pious will overlook it, with liking of that sincerity which goeth along with it, and shall ever accompany both the dictates and endeavours of Your Lordship's most humble and hearty devoted Servant, N.Y. May 29. 1649. It is probable this Letter might be some occasion, of putting to a nonplus this scandalous motion for the sale of Patronages, because it was written to a person of a public spirit, and of very eminent abilities, and of great authority, by whose means it is like it was stopped, for after the date of this Letter we no more heard of it. TO THE Sincere and Pious Preachers of the Word of God, whether ordained Ministers or gifted Brethren (Expectants or Probationers) for the Ministry of the Gospel. Reverend and well-beloved Brethren, HOw much and how many of you are concerned in the Contents of these Papers (now presented to the public view) though I do not certainly know, nor have either mind or leisure curiously to inquire, I may probably guess, that all of you (who have been admitted to Ministerial employment in divers Congregations since the deposition of Bishops) may find your interest considerably touched in them, though in a different degree: and albeit it be our principal duty to labour uncessantly, preaching in season and out of season, 2 Tim. 4.2. that the Lord may be magnified, Psa. 35.37. His people and faithful servants multiplied, that daily there may be added to the Church such as should be saved, Act. 2.47. yet is it neither unlawful nor unbeseeming the office of the ablest and holiest Minister, by all warrantable ways, to secure his own condition and his brethren's also (so far as he may be assistant to them) from unjust molestation, especially at such a time as this, when many so bestir themselves to reduce the Ministry to such a despicable poverty as may degrade an Evangelical predicant into a Friar mendicant: To this purpose (besides the busy malignity of the Levelling spirit against Ministers in general) there hath lately been discovered a new device of men (in other things their passionate opposites) against some Ministers in particular, viz. by a formality of Law, to eject those who were placed in sequestered Benefices, by Authority of Parliament: which of late necessitated M. Y. of K. in Leicestershire, to fly for refuge to his Highness the Lord Protector, and to the same Asylum, many more had just cause to betake themselves, not only for that they are liable to the like disturbauce but (besides that) to the peril of expulsion upon the death of the outed Ministers, if the Patron please not to settle them in their places. And this being the common condition of many Ministers of England, it cannot but appear very consonant to equity and reason, that they should jointly address their complaints and Petitions where they may hope to find remedy, and our hope (at the time of the first consultation of some of us about it) was only in his Highness the Lord Protector, with his honourable Council; But now the Parliament nearly approaching before we have perfected our address in that way. we know not whether his Highness (were we as ready as we should be) would not transmit our cause to the hearing and determination of that venerable Senate, which if he did we should have the better hope of good success in our suit, if withal he would vouchsafe (upon our humble Request) to commend it with favour to their consideration. In this and other particulars of importance your Brother and Servant (the penman of these rather serious then curious dictates) would gladly be advised by you, and had rather be guided by your Judgement (if he might be so happy as to know it) then offer to lead you by his own; yet conceiving a business of this nature cannot advance to the consent of many, if it do not commence from the motion of some one, having waited a good while, and as yet in vain for an inceptor to set it on foot, whose footsteps I might follow, and fearing that the longer we delay to Petition for favour or justice, the more prejudice may grow against our prevailing therein, as in the case betwixt the Israelites and Amorites, Judg. 11.26. (though in a different proportion, according to the time of forbearance and silence) and not knowing for how short a while I may have opportunity to serve my generation; I thought it was my duty now to do something in this kind, and to present it to you (my Brethren) for your animadversion or approbation (as you think most meet) I am not so as to imagine that in these days (wherein dissenting conceits make many like beads dropped from a broken string and running out several ways one from another) that all whom I desire to gratify by mine endeavours herein, will be ready to entertain it with equal acceptance: that were to expect a miracle, like that which is written of mauna in the book of Wisdom, c. 16. v. 20. viz. though it were but one kind of meat, it was able to content every man's delight, agreeing to every taste, or like that language which (though but one spoken by the Apostles, Act. 2.6.) a So in the Annotations of the Old Bible (called the Bishop's Bible.) became the same to every hearer, which he understood (as some by b Greg. Nazian. Orat. 44. in Pentecost. Tom. 1. p. 715, 716. different pointing give the sense of the words, though by a right pointing of them ( c Non inscite dixit eruditus quidam, aptam distinctionem Commentarij genus esse. Erasm. de Recta Latini Gracique sermonis pronunciat. p. 63. which in some cases serveth instead of a Comment) the meaning be otherwise, so fare otherwise, that it is a Relation no less than ridiculous, which the Papists give out of Francis Xaverius the Apostle of the Indies (as they call him,) viz. d So in the lives of the Saints gathered of Ribadeneira and Villegus, and published by Edw Kinsm. par. 1. p. 34. printed Anno 1623. That divers times it happened while he preached there, that men of divers Nations heard their own tongue in one Sermon; But from the diversity fore mentioned I may expect there may be many who have no mind to have a hand in this matter, though upon several grounds, on which I will make no conjectural descant that may offend them; I will now take notice only of one rather doubt then Objection of some godly Brethren, which is, Whether it may not be thought an impeachment of the just Right and Privilege of Patrons, to petition for our settlement by any authority but their own? But this was their doubt while yet they were acquainted only with the Petition itself, without the Reasons, Limitations, and Cautions annexed to it, and when they had read the Case stated, explained and proved, they confidently conceived there was no just cause by this redress for any Patron (if competently qualified to deserve the honour of that denomination) to be displeased with us, especially since a good part of the plea which we make for ourselves, is an Apology for them against those who would have their interest in the choice and admission of a Minister, laid level with theirs who are of lowest rank (it may be also their Tenants or Servants) in a Parochial Assembly. Besides this (I confess) some scruple may be taken at some particular relations, which are known but to few, it may be only to the writer of them, and perhaps to some mistakes of his the misprisions of the Printer may be added. But for all that, the substance of the Petition and Reasons may be sound, and assent is required to no more, and if the Petition itself be held right, it will be no wrong to the rest to allow of it alone, yet if any one of better abilities will be pleased to undertake the cause, and carry it on in such a way as may be capable of more general compliance, I shall account it honour enough to be his forerunner, to prepare the way for his more gracious acceptation, by testifying of him, as John Baptist did of Christ (though neither of us both be worthy to be compared to either of them) He that cometh after me is mightier than I, Mat. 3.11. and both of us may be more likely to prevail then one alone, though if myself should come out single without any attestation (which yet hath not been my lot, albeit I have been thrice before now put upon such a service as this in the way of printed publication) it shall not discourage me, since as my chief aim hath been to promote the glory of God and the common good, not only of my contemporaries but of the generation to come, so have I (in the present address to the superior powers) sincerely directed my course to the same port with the less looking at mine own particular, though in some respects my case be the same with many of yours, because I want not fair hopes of the lawful favour of potent friends, to wind myself (single) out of the personal sense of our principal aggrievance; which if it should fail I may find another of you. But the Apostles description of Charity by this property with others, that it seeketh not her own, 1 Cor. 13.5. e Verba non quaerlt quae sua sunt, sic intelliguntur, quia communia proprijs, non propria communibus anteponit. Estius in 1 Cor. 13.5. ex. Aug. that is, preferreth a common before a peculiar good, not è contra, both enjoineth and inclineth me to joy more in the sociable participation of a public benefit with the rest of my Brethren, then as a private favour to obtain a grace or indulgence for myself alone. This is the mind of him who hearty prayeth to God for you all, that in all necessary points of faith, piety, and charity, you may be of one accord, of one mind, Phil. 2.2. that you may speak the same thing and be perfectly joined together in the same mind and the same judgement, 1 Cor. 1.10. and while thus you live, love, and join together (as Brethren) God will own you as his children, and if children than heirs, heirs of God and joyut heirs with Christ, Rom. 8.17. in this high, holy, and happy communion, it is his only ambition to have a share with you, who while he lives resolveth to remain Entirely yours, In all the offices of a loving Brother, and humble Servant, Philotheus Philomystes. Aug. 1. 1654. FINIS.