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 extrava­gancie 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 Sonne of the Church, to say some thing in vindication of that which they commonly call the unnecessarie superfluitie, but others the [...] or Decorum of the Clergie: 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 [Page 2]House of Lords, &c. with the Conveniencie 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 con­nivence for his own humor, or fancie, which very many now a dayes 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 Gods help lay down the Legalitie and Conveniene of Episcopacie with the contraries of Presbyterie, (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 Custome or common Law, and by Statute Law.

The Custome under which they claim, is of great Antiqui­tie, for it bears date almost with Christianitie it self; 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 agoe, and look what Priviledge 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 precedencie 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 Monarchie, 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 hapned, 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 [Page 3]advice of his Bishops & Princes unto the Clergie, with seve­ral Temporalities and the Tyths of all mens estates, and those free ad omnibus secularibus servitiis, nec non regalibus tributis majoribus, & minoribus sive taxationibus; from all secular Im­positions, and the Kings Taxes both great and small; I chose to instance in this, because you may see the right that the Church hath to Tythes; and how it was the intention of the first Doners, to free her from all Imposition and Taxes what­soever, which though the Clergie do not now pretend to, yet more moderation may be used for the future in assessing them then formerly; And this priviledge of sitting amonst the Lords, they injoyed without alteration till the Conquest, during which time they held their Lands pura & perpetua Elee­mosyna, by Franck Allmoigne as the men of the Law term it; But when the Norman came, though under him they still in­joyed their Lands, yet their Tenure was altered from Franck Almoigne, to be held sub militatari servitute, (as Matt. Paris hath it) by Knights 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 lookt like an encroching upon their Priviledges, prov'd an ad­vantage unto them; for whereas before they sate amongst the Lords only Virtute Officii as Bishops, now they had place En re­spectede lour possessione l'Autient Baronies annexes a lour dignitie, 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 Clergie 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 propertie in; and there you shall find those great Priviledges of the Church, amply and fully confirmed; for it runs thus. First we have for [Page 4]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 solemne 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 Epis­copacie 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 Clergie, have not rather resembled a Curse, then 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 Lawes 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 marrie 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 doe 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 Custome, for Parliaments to do what they will; And by a Parliament was Magna Charta, as farre 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 [Page 5]infirmities. But however this is well enough answered out of Bodinus, that great States-man 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 Cooke, that Oracle of the Law affirms it, who in his Chapter of P.F, 1. sayes, The three Estates of the Realm, are the Lords Spiritual, the Lords Tempo­ral, and the Commons; and his I think is a sufficient Autho­ritie to confute that Frivolous but King-lessning Tenent, which holds his Majestie 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 Priviledges 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 mans 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 Vertue, according to that of Claudian, Egregios invitant praemia mores.

[Page 6] And the rather to incite us, the meanest person in the Na­tion is in himself or posteritie capable of the highest Church preferment, if parts and industrie be not wanting; so that now we may say to our Children as soon as they are fit to go from us.

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 Honor; yet, where there is merit, there will never be wanting a sufficient compensation. Better too is it for the body of a Nation, when vertue is en­couraged by rewards, then when Vice is only disgraced by penalties. For Noble and generous Spirits, are sooner drawn to the wayes of Vertue by Honourable Requitals, then deter­red from those of Vice by ignominious punishments; And therefore praise-worthy is that Inscription upon the Town Hall of Zant, a Citie in an Island of the same name;

Here are rewards for Vertue, as well as punishments for Vice: Neither is it a new thing for learned Men, to be preferred be­fore others that are superiour in Birth and Estate, if inferiour in that qualification; for which Sigismund the Emperour gave this Reason; Who upon a time being asked by some of his heavie-headed attendants, Why he valued Scholars above them­selves, who were far their superiours 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) [Page 7] Wisedom and Learning are only the gifts of God, whereas he him­self could confer honor and riches upon any body; and of this mind was Antisthenes the Philosopher when he cursed that Citie, where [...], good and bad, fools and wise men, had equal honour.

As now I have spoke somthing of the Rights and Conve­niencie 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 illegalitie of the other is of na­tural consequence; therefore the chief bent of my Discourse shall be to treat of the inconveniencie that Presbytery brings along with it to all sorts and orders of men; and first Ile 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 Lawes of England; If any man find himself aggrieved at any consistorial proceedings 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 Plaintiffe if they see occasion for it. With the Presbytery it i [...] other wayes; for they say, in the book of Discipline, From the Kirk is no appel­lation; and as this is very prejudicial to the Authoritie 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 Scot-free, the Subject must not expect to be free from their insolence. For they say, That for an uncomly gesture, a vain word, suspition of covetousness, 1 Book of Disc. 7. head. Sab­bath-breaking, keeping a table above a mans rank, and the like; (and of all this their Reverendships must be the sole Judges) Church censures ought to be inflicted; and though it be granted, they be­gin first with Admonition, yet if there be not a present Confor­mitie 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 [Page 8]are they worse in those that are: For whereas our Law sayes, 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 punisht, Syn. Theor. 63. one way by the Politique 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 wors when they say, 1 Book of Discip. 9. head. Parents shall loose 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 disparitie, of Birth, then upon the Childs 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 hindred by the corrupt affections of men: Though this be verie 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 Politique. And now Ile tell you what this Excommunication is, to which everie 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 Baptisme, 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 Lawes 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 [Page 9]never so wise; All Tythes (say they) Oblations, 2 Book Disc. ca [...] [...] Temporalities, of Bishops, Deans, Sub-Deans, and all Lands belonging to Ca­thedrall Kirkes, was the Patrimony of the Kirke, and ought to be disposed of by the Kirkes appointment: Then as preventing an Objection, that the present Possessours had Leases from the former Proprietours, they goe on and say, The Leasers were thieves 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 thieves 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 pub­lick Revenue set forth for the support and encouragement of Learn­ing and Vertue; 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 Posteritie, and other Relations, so none can be for the latter, but such who have a mind to de­liver themselves and posteritie 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 trie how near we can bring the Presbyterian and Jesuite together. Father Mariana, in his book De Rege & Regit Institutione, sayes, 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, ought to he killed. Thus far they go along prettie well; Father Escobar a late Casuist in that societie, layes down for a rule, Goods gotten by dishonourable wayes as Treason, Murder, Sacriledge, an unjust Sentence, Mist. of Iesuitism. Let 8. p. 112. are lawfully possest by him, who hath so gotten them; and he is not at all obliged to make restitution: This you will say, is damnable do­ctrine, [Page 10]and very scandalous to civil as well as Christian societie, 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 Theologie amongst them) would not now rejoyce in the wages of Iniquitie, 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 Seque­string of honest mens Livings: They would tender satisfaction for the injuries they have done by exposing the Wife & Chil­dren of the Loyal Clergie to a necessarie povertie: And that facultie of plundering of Livings was so Epidemical amongst them, that a man may without breach of Charitie, say, They would all have been guiltie of it, had they but had oppor­tunitie.

The Jesuites, Mist. of Iesuit. who are generally observed to be very strict Observers of Discipline, especially in that part which con­cerns their habit, Mist. of Iesuit. let. 6. p. 70 say, No man ought upon pain of Excommuni­cation to lay aside his habite, 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 Kings Armie at Edgehill on a Sunday. Mist. of Iesuit. Let. 5. And as the Jesuite Doctrine of Proba­bilitie is justly counted the Viper and bane of Moralitie; so the Disciplinarian Doctrine of Predestination, reduced into pra­ctice it of as ill if not worser 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: Its granted that many of those who formerly were of that judgement, have of late been very signally eminent for Loyaltie, which is a convincing Ar­gument of their repentance: For men possibly may repent of Presbyterie, but Presbyters never yet repented of any thing.

Now for satisfaction howere of those who as Presbyterians did Contribute to His Majefties Return, I shall insert a Sto­rie [Page 11]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 Kingdome fell to Murdake Earle of Fife, by whose means it was not improbable, the King was so long detained.

This Earle of Fife had in that while two sons that grew up to be so boysterous 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, Independencie and Ana­baptisme, the two ungracious sons of Presbytery, in the Kings absence, occasioned by Presbytery, grew to such an height of Stubbornnesse and Rebellion, as insteed of being ruled, they oft attempted to murder and destroy their common Parents, who induced by the certaintie of being ruined by them, sent for the King to come home, and rule them all; whose mercie is such, as that he will not apply as to persons, yet such is his Wisedome, that he will, if he Consult (which I am sure he does) his own Safetie, and our Peace, make a home Appli­cation as to things. But now lest my Discourse should be too prolixe, a thing to be avoided in Sermons themselves, I shall direct you, (Gentlemen) in discharge of the Dutie as to the business in hand, and that shall be onely in putting you in minde of your Oath, part of which is to enquire and present whats given in charge; You are to enquire after all Treasons, Petti-Treafon, &c. 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 happie as they will be when his Majestie rejoyces in those endearing Relations; yet by this you may see, that this Statute was made chiefly [Page 12]to preserve the Person of the King; for it's the Personall, not the Politique Capacitie that never dies, if a King can be said to have either Wife or Children.

Its High Treason likewise, if Master Saint John the late Kings Solicitour be to be believed, in his Argument at Law (against the Earle of Strafford) for to alter the Religion Esta­blisht; and this the Covenanters were sworn to, when they Covenanted against the Hierarchie, and Discipline of our Church; For believe it, Discipline and Ceremonies are as necessarie for the preserving of Religion in its Pri­mitive Puritie, as the skin or rinde of an Apple, (which of it self is insipid, and of little worth) it is to preserve the Fruit from putrefaction.

To impose Oaths likewise, or perswade Forraigners to le­vell Warre within this Kingdome, 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 farre 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 Lawes both of God and Man to the quite contrarie, 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 Opportunitie of Religious Worship, reade the Liturgie of the Church established by Law, commonly called The Common Prayer. In Vindication of which, If I say something more then 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 Li­turgie in general, Viz. That it is a Form; and (as the Infor­mation from Scotland sayes) It is not lawfull for a man to tie himself up, or be tied up by others to a perscript Forme, either in Prayer or Exhortation; To which may be thus An­swered; [Page 13] When people meet together to worship God in pub­lique, it is not to be expected that all should pray at once ac­cording to their particular Fancie, (which as it cannot please him who is stiled 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 Forme to the Congregation; For every man who joynes with the Minister, (or if he doe 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 Booke; and yet one of these is acceptable, the other as the abominations of the Heathen is accounted. The Case then is just thus: One of yon 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 himselfe in a prettie 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 groates, 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 Worshiping, God, must now be rejected for the Extempore Form of every saucy idle-headed Jack in a Pulpit.

You are likewise to enquire of all persons that have wittingly heard, or been present at any other Form of Common Prayer, Administration of Sacraments, making of [Page 14]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 doe your du­tie in this particular the penaltie is so great, that the Au­ditours of Unlicent Lecturers would not be so numerous as formerly, neither would the unconforming Preachers, [These Disturbers of the Peace] have any incouragement any longer to oppose for they would soon be weary of Preaching to stone walls; To which improbabilitie, they must be necessitated, if this Statute was put in due Exe­cution. You are likewise to inquire, &c.