Against Human Ceremonies in Gods Worship, Part 1 · Chapter 10
CHAP. X.
Sect. I. Concerning Parliaments, and Convocations: answere to 70.71.72.73. of the Praeface.
BEcause the Def. objected the authority of Parliaments, and Convocations for establishing of theis Rites, it was opposed by the Rep. 1. that Prelates …n theis matters have no respect unto the authority of …arliaments, as appeareth by the testimony of the Par…ament it selfe An. 1610. in the Records thereof. 2. That …o Parliament doeth allow subscription, and Confor…ity to be urged as now it is by the Prelates. Which also …as shewed out of the same Parliament records. 3. That …he Prelates proceedings are so agt. Parliament Lawes, …hat by them they are subject to a Praemunire. Now see …hat is rejoyned.
1. The first fillip is that though the Prelates regard …ot the authority of Parliaments, yet that is no answer to …his Objection, theis Ceremonies are established by sundry acts …f Parliaments. Where the Rej. forgetteth that some ar…uments, and answers are ad hominem, that is, they re…pect the thing in quaestion, not simply, but as it com…eth from such a man. Now this was the meaning of …he Repl. that objecting of Parliaments by a Prelate, in …efence of Prelates who regard not the authority of Par…iaments, is a ridiculous plea.
2. In the second place, it is denied that the Prelates …espect not the authority of Parliaments, because, forsooth, they have the kings commission, and Broad seale … they are by Parliament confined. That is; they neglect no… Parliamentary Statutes in all things. For so farr as the… can turne any Statute Law to serve their turne, and i… those circumstances which they dare not, for thei… heads, omitte, they follow that which Parliaments pr… scribe.
13. To that first Evidēce which was alledged out of th… Records of the worthy Parliamēt An 1610. it is rejoyne… that it doeth onelyonly proove that the Prelates mistake (if th…y di… mistake) in one point, their owne authority given them b… Parliam…nt. Now if by mistaking, he meaneth b…d, and unlawfull taking, this which he sayth may be graunted But if he meaneth an errour of ignorance, surely he mistaketh the matter one way or other. For 1. Ignoranc… of the Law doeth not excuse any violaters of the same mu…h lesse Scribes, and Doctors, Prelates, which use to be among Law-makers, and in Commission for to se… to the execution of Lawes. 2. Those that erre of ignorance, correct their fault upon information, and knowledge: But our Prelates being diverse times warned, eve… by the Parliament, have not mended, but more violently than before, persisted in, and pursued this mistaking ▪ 3. Mistaking in matters of such weight, as are so many good mens livings, and free-holds, is a broad fault, of the same nature (in all Law) with ill (crafty) meaning. Culpa lata viol… mal…s.If the Prelates should take upon them to take away the life of some non-conformists, directly, and by sentence (as they have, in effect, done by long imprisonment, and should be called in quaestion therefore, it would not …elpe them to say, they mistooke their authority.
4. It is added here by the Rej. that the making of Ec…esiasticall Can…ns doe properly belong to the Prelates. But 1. …cept there be some mysteriall distinction understood …etwixt Canons, and Lawes, this is to robbe both Par…ment, and King also of their just authority, that Pre…es may usurpe it. 2. Say it be so, that it belongeth …operly to Prelates, for to make Ecclesiasticall Canons, … it therfore belong to them to make such Canons? …uppose the Ceremonies to be lawfull, have the Pre…tes proper power to appoint any lawfull Ceremonies? …hen they may institute, and appoint, in the Def. and …ej. his judgment, not onelyonly holy-water and Images, …roughout all England, but also commaund that all the …arliament, with the rest of English men, shall be cir…mcised; for the Def. Pag. 285. being asked, whether he …oldeth Circumcision as it is used under Prester Iohn, lawfull? …he Rej. answereth for, and with him, He doeth so, and you …y nothing to disproove it; Insinuating that if any thing …e sayd to disproove it, he is ready to mainteine it. Now … appeale to the first Parliament that shall hereafter be …alled, and in the meane time, to any English man (be…yde those that are resolved to say what Defendants, and Rejoyners will have them) if they beleeve that the Pre…ates have power, and that from the Parliament, or with …he consent of Parliament, to appoint the people of England, even those of the Parliament it selfe, to be circumcised? Have the innocent Ceremonies brought us, and the Parliament into such bondage, that at the Prelates pleasure, we must all be circumcised? It seemeth then they are bloody innocents.
5. The second instance out of the same Parliament Records (sayth the Rej.) blameth this in the Convocation, that it hath made the refusall of Subscription poenall, with deprivation of mens free-holde. Which is very true, and due: but not that onelyonly; For the Parliament condemneth expresly all urging of Subscription above that appointed by the Statute of 13th. Eliz. which onelyonly concerneth confession o… the true Christian faith, and doctrine of the Sacraments ▪ Neither is their mentioning of free-hold so to be taken▪ as if they allowed the men should for refusall of othe… Subscription, be deprived of their Copy holds; bu… onelyonly as an exaggeration of the Prelates praesumption▪ who doe not feare, nor spare to vihlate the fundamentall Lawes, and Liberties of England, such as that is, fo… no man to be deprived of free-hold, without the Law of Parliament, and a Iury of 12. legall men.
6. The Parliament addeth, that silencing and depriving of Ministers for non-conformity, and non-subscription (without, and against Law) hath beene the great griefe of sundry well affected subjects. To this the Rej. sayth, that so it hath beene the griefe of those which deprive… thē; who yet deprived thē because they were cōmaunded, leas… their errour should be still mainteined, ād the Ministery of Cō formists contemned. This professiō of griefe in depriving. Prelates, may be likened unto that of Queene Maries Prelates, who whē they condemned the Martyrs, sayd they did it with greife. So Gardiner in his sentēce of condemnation upon Mr. Rogers, the first that suffered under Queene Mary. We therefore, sayd the Bps. aforesaid, wit… …orrow of minde, and bitternesse of heart, doe condemne thee …he sayd 10. Rogers, &c. VntoUnto which may be added M. Fox …his Marginall note. Theis murderers pretend a sorrow of …eart, and they will not cease from murdering. But to follow onelyonly the Rej. his so grieved. It is very goodly so. The well affected subjects were, and are grieved, in that …ēse that scādalizing is called grieving: This scandall was at the Prelates proceedings: The Prelates are grieved for their owne fact, but not to repentance, at least such, as they doe not repent of. The griefe of those well affected subjects stirred up in them, and in the Parliament a serious petition, and indeavour to stay the Prelates violence, and remoove the scandall: but the Prelates, though they challenge the power, and care of Ecclesiasticall affaires as properly belonging to them, could never be mooved, either by others, or their owne praetended griefe, so much as to petition unto his Majesty, for the remooving of the grievance, but were and are as ready as their Paratours, & Pursuivants to doe that which belongs to them about this that grieveth the Parliament, and sundry other well affected subjects. The Parliament grieving with those that grieved, made a good Law to make voyd the Prelates Canons, as the cause of unsufferable griefe: The Prelates, first makers of the Canons, and since urgers of their execution, in which also they often goe beyond their owne rules (as passionate executioners use to doe) and many of them applaud themselves, glory, and triumph in their imagined victory. But it may be those are here meant, who, as D. B. in D. Covel pag. 44. urging subscription, and conformity, stick not to say the Authority sinneth in not remeoving some of theis things. Now if they grieve for sinning against their consciēces, God give it may be to repētance not to be repended of: but yet this not so as the wel-affected (of whom the Parliament speaketh) are grieved, by other mens vnconscionable dealing. They are commaunded, fo…sooth; But who procured that commaund? who should procure the ceasing of that same? And is it sufficiēt for Fathers in God to say they are cō maunded by man to vndoe the ministers, and vex the people of God? Bishop Grindal was cōmaunded to suppresse the exerrise which was called Prophecying: yet he constantly refused to execute such a commaund. Tempora mutantur, & nos mutamur in illis. But the Prelates, (sayth the Rej▪) proceed…d not against them, because they were painfull, and fruitfull ministers. As if the Parliamēt were to be so interpreted, or rather derided! or any but the Devill of Hell would professe such a cause of such proceeding? Wherefore then? Least their errour should be still suffered, and the ministry of others contemned. It seemeth then that in the Rej: his opinion the Parliament in condemning theis proceedings, went about to mainteine dangerous errour, and to bring conforming Ministers into contempt. But not to speake of his taking the question for graunted, viz: which the Ministers held a dangerous errour) the Parliamentary way of making voyd the Canons might have freed the praetended errour from all danger, and left no ministers in contemptible conformity, vnlesse some would contemne Christian liberty as having by custome their eares nay…ed to the doore of servitude.
7 Concerning the Praemunire answer is given, that …f the Prelates be subiect vntounto it, that is more than the Rej: …noweth; that they might incurre that perill vponupon ignorance; and that by Statute Law the Ceremonies are …stablished, with …he penalty of refusing them, as all men know, and some have …elt at Assises, and Westminster Hall. But for the first of …heis shifts, D: B: knowes ful well (whatsoever the Rej: will know) that Prelates cannot take from any English man his freehold, with out Parliament Authority, and yet be free from the Statute of Praemunire: Now that they doe so, the Rej: himselfe even now confessed. Moreover; who knoweth not that the Prelates doe keepe their Cour…s, silence, deprive &c, in their owne names? which doeth evidently intrench vponupon the Praerogative Royal of the Crowne, and so fall into the penalty of Praemunire by the Statute of Henr. 8.25. except they can shew some speciall warrāt by Statute for so doing; which that they cannot doe is evident; because in King Edwards dayes they were enjoined to keepe their Courts in the Kings name; and since that time, have no speciall warrant, by any Statute, for any such Courts in one or others name. Ignorance is here againe vainely pretended, as before was declared. Are the Prelates onelyonly ignorant of that which they have so often beene warned, and convinced of in many Parliaments? Now for the establishing of theis Ceremonies, with the penalty of refusing them by Statute, the Rej: should have done well, if he had named that, or those Statutes where we may finde this done. As for the penalty of deprivation for refusing theis Ceremonies, the Rej: confessed before, that the Parliament Anno 1610. pronounced against it, as contrary to Law. If the Ceremonies themselves stand established by any Statute, it must be that of Eliz: 1. But that concerneth the booke of king Edward in which this Rej: pag. 54.55. confesseth some vaine Ceremones, now removed, to have beene praescribed.Tolerabiles inaptiae. Now either those tollerable fooleries were established by Statute of Eliz: 1. or not theis; For no difference is found in the Statute; If those, why doe our Opposites refuse them, and yet urge theis vponupon that Law which no more established theis than them? The trueth is, though the booke for substance was in some sort confirmed, yet every rubrick, and ceremony which was therein cōteined, though it was for a time tolerated, was not established. Why else was subscription, by that Statute, restreyned only to doctrine of Faith, and Sacraments? If any therefore have beene deprived, either at Assises, or other Civill Courts, for mere refusall of theis Ceremonies, (which I much doubt of) that, (without quaestion) hath beene by the Praelates procuring, not by such evidence of Law as iust Iudges require in such wreghty causes. It would also be knowne what kinde of Iudges those were which are sayd to have beene so Ceremonious. Sometime it falleth out, that a Hales is put out of Comission by a Gardiner, and another, a friend of Gardiner being put in his place, strange sentences follow thereon. At the least, it behooveth the Rej: who alleadgeth, and alloweth those Iudges facts, to shew vsus vponupon what grounds they proceeded?
8. Against the Convocation-house (as reasons for which the authority thereof is little, or none in mens …ōsciences) some knowne things were briefly mētioned …y the Replier, to which how the Rej. answereth, it is …ot unworthy consideration. 1. Convocations consist of a …action. No (sayth the Rej.) but of men which submit …hemselves to the Lawes of the Land, and Constitutions of …he Church. As for the Constitutions of the Church, …hey are the Constitutions of the Convocation; so that …he answer in that part is, they submitt themselves to their …wne constitutions: To the Lawes of the Land that they doe not duely submitt themselves, it appeareth out of …hat which the Parliament, before alledged, sayth; di…erse painfull, and learned Pastors ready to performe the legall subscription, have beene deprived for refusing …aonicall subscription: which could not be, if Canons were legall, and their makers obedient to Law. They charge also the bodies, lands, and goods of subjects further than is lawfull, sayth the same Parliament. So that it is by this plaine how the Convocations may be sayd to make a faction even against Parliaments. Yet if they were obedient to Lawes, they may (by conspiring for their private ends against the common good) be esteemed a Faction, as those that bare the greatest sway in the Councell of Trent, were, and are of indifferent understanding men esteemed. So in Queene Maries dayes, the persecuting Prelates, though they submitted themselves to Law, and cried out of others that did not so, yet they were a pernitious faction. And so (it seemeth) was the meaning of the Repl. in this charge, because he addeth for a reason thereof, that they never conclude any thing for the common good of the Church. 2. They are servile to those on whom they depend, and tyrannicall over the po…re th…t are subject to them. This the Rej. doeth not deny, but sayth; It may be an errour of their persons, not of their Constituti…n. But what doeth this helpe us? If we must be subject to servile, and tyrannicall Canons, which come from the errour of their persons, their Constitution will no way relieve us. Their Constitution is for substance the same now that was in Queene Maries dayes and yet we know what they did, and therby may conceive what they may doe againe. 3. They are grosse Violators of most antient Canons, being non-residents, Pluralists &c. Neither is this denied by the Rej. so manife… is the truth of it. OnelyOnly, that he may not be altogethe… silent, he alledgeth that this being true, yet the Def. his speech standeth unshaken, viz. Theis Ceremonies are established by Canons. But I thinke if the Convocations be such as have beene shewed, the credit, and authority both of them, and their Canons is so shaken, that they can affoard little establishment to the Ceremonies i… any free judgment.