Persecutio undecima, or, The churches eleventh persecution being a brief of the fanatick persecution of the Protestant clergy of the Church of England, more particularly within the city of London : begun in Parliament, Anno Dom. 1641, and printed in the year 1648.

CHAP. V. A view of the New Judges of the thus accused Clergy; their condition and their judging of Doctrines in their Committees for Religion, de facto & de jure.

HAving given the world a short view (by which the rest may be guessed) of the Fanaticks arts and tricks of making the Clergy their adversaries, and inventing accusations against them, whom as hainous Malefactors, they have ta∣ken upon them to judge (as they pretend) by Law, and by the Justice and Wis∣dom of the High Court of Parliament, for Reformation of Religion; it's not un∣seasonable to shew the world a true Character of these great Judges in their personal Relations, as well as their political capacity of judging de facto, & de jure. And surely men (who were strangers to the designs of this Faction) would think (by the high strains of publick Acts pretending Reformation of Re∣ligion) there were some Oecumenical Counsel now sitting, or at least some great Convocation of Grave and Learned Bishops and Clergy of England (who were wont to have the judiciary power in Church-matters, long before any Parlia∣ments were in England) famous for their honest Lives, and by their great know∣ledge able to judge, not vote Religion up or down: but O Tempora! O Mores! the Grave Bishops of the Church are by tumults driven from the Parliament; the Convocation by subtelty of a pretended praemunire, and by fury are cryed down; hereby all the Clergy of England are silenced at one; not any one Church-man admitted to consult, or act in matters Ecclesiastical; the Keys are snatched by violence from the Apostles hands (to whom Christ gave them) and are hung at the girdles of meer Lay-men; most of them illiterate men assem∣bled in Parliament, a mixed multitude of all professions, wherein as Sir Robert Naunton hath observed in King James's Raign, since the Fanaticks began their Plot, were 40, who never saw Twenty years of age, and many such were chosen into the House of Commons; yet upon any one of these Votes (as Votes go now adays) the peace and Religion of a Nation may depend. But to give a just account, casting out the most of the Nobility, and about two hundred of the House of Commons (men of greatest Estates, therefore more like to seek the welfare of their Countrey, than their own private interests, which were driven from the House, where they sate but as Cyphers) and counting the multitudes of Tradesmen, and Merchants of London and other Incorporations packed in∣to this Parliament to carry a Vote; besides the many Lawyers, Mercenary men, and most of them Recorders, and so servants to Incorporations (making Laws for themselves to get Money by) together with a few engaged Knights and Gentlemen, famous for hauking and for hunting after Lectures and Whore∣houses, (many of them having sold off their Houses in the Countrey, and took others at London, to follow the Fanatical Plot more diligently) and the sum of these make up the Fanatical Faction in the Parliament, stiling themselves the Parliament of England. And now the Souldiers by a counterfeit Seal have re∣cruited the House with no small number of Colonels and Officers; when indeed they have turned the Parliament out of doors, and turned themselves Apostates in Religion, and have shared the Lands of the Church to make themselves a fortune; not to mention their vicious Lives, which might make up truer Cen∣turies; nor their Hypocrisie, Lyes, and breaking of Oaths of Allegiance and Su∣premacy; yet these are the men usurping all power both of Church and State; who are become the supream Heads of the Church, and of all Church-matters, which none of them ever understood, yet these (also parties) have made them∣selves Judges of the Religion, Doctrine, Function, and Estates of all the Clergy of England. Miles Corbet the Recorder of Yarmouth, who Indicted a man for a Conjurer, and was urgent upon the Jury to condemn the party upon no proof but a Book of Circles found in his Study, which Miles said was a Book of Con∣juring, had not a Learned Clergy-man told the Jury, that the Book was but an

old Almanack. I have been present at a Committee for Religion, consisting of five or six Tradesmen and Merchants of London, and an ignorant Lawyer in the Chair; yet these have judged Doctrines by whole sale, executing Eccle∣siastical jurisdiction in an high act, viz. Absolving Ecclesiastical persons (sus∣pended by their Diocesan Bishop) as it were in a parenthesis, with an O yes! Ye that will have these three Ministers of Wales (I confess I have forgot their names) to have Liberty and Licence to preach, say I! Ye that will not, say no! Which being thrice repeated, and answered I! I! these three suspended Ministers were by this Vote perfectly absolved no doubt! In the mean time, at this wor∣shipful, (nay honourable) Bar, was a heavy complaint against a Grave Divine of Blasphemy, which he had preached, viz. That the Virgin Mary was the Mo∣ther of God; and at a day appointed for Voting, had not a Divine whispered some of these Committee-men, had this Doctrine been Voted Blasphemy; so easily might the sacred Ephesine Counsel have been condemned by this learned Committee for 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and condemning Nestorius for Heresie; and Elizabeth in the first of St. Luke, should have been as guilty of Blasphemy, for calling the Blessed Virgin the Mother of her Lord. And when a Reverend Doctor, and Master of Jesus Colledge in Cambridge, who was charged with Blasphemy at Sir Robert Harlows Committee, for writing Honour God with thy substance, on the Bason for Alms; made answer, by asking whether it was not rather Blas∣phemy in them to call a sentence of Scripture Blasphemy? it was replyed by a boy-Member of that Committee, Will ye suffer him (meaning the Doctor) to answer by questions? At another time I heard one of these Committees cry out, what a miserable condition these people were in, who lived under such a Mini∣ster, who (as the Article was) had preached, that Original sin was washed away in Bap∣tism? which was there derided at as Popery. In brief, to never so true Doctrines, the Chair-man saith, they sit not there to dispute. Up started Captain Ven, (a Tradesman of London) and asked a Divine (justifying at their Bar his Doctrine to be true and Orthodox) did you preach these Doctrines? answer I or no! whe∣ther they be true or false, leave that to us to judge. So the case standeth with the Divines of England; let any ignorant hearer (suppose an Apprentice Boy, I have known it) accuse any Clergy-man (the gravest Doctor in Divinity) of preaching Doctrines which the Boy thinks are false, or Popish Doctrines, to the House of Commons, or Committees, shall the Divine be sent for, perhaps by a Pursivant: justifie his Doctrine he must not, though never so true, the House supposeth it to be false, erroneous, Popish, or scandalous, because complained of; answer he must, did he preach it, I, or no? Whether it be true or false, they will not dispute, hit or miss, they will vote, and that's enough to make any Doctrine true or false, Popish or scandalous, and thereby to imprison the person of Christs Minister, and to seize on his Estate, to out him of all his Freehold and Livelihood, and to spoil him of his goods: O si tanta potestas sit stultorum sen∣tentiis, ac jussis, ut eorum suffragiis rerum natura vertatur, cur non sanciunt, ut quae mala sunt pro bonis habeantur? yea so senslesly conceited have this Lay-Parlia∣ment (Parliamentum indoctorum) been of themselves, that some of them have said, since they had read the Scriptures (in English) why should they not be able to judge of Divinity, as well as the best Doctors? And to have desired, that Doctrines complained of in Petitions to these Lay-Committees, might be referred to the Judgment of Learned Divines about London, would have been taken for an high contempt of their Committee for Religion, and of the power of Parliament; (as a Member of that Committee told one, who made the Motion in private to him) where such are become Judges of Divinity. When Lawyers perk into a Chair for Religion, and Coblers preach (both alike lawful) no marvail if Religion be voted illegal, and the Priests be thought to go so awry; and in these times, to the Lawyer must the Divine go, if he will preach without fear of being made a scandalous Minister, or imprisoned for every Ser∣mon. I have known some twenty shillings Fees given to a Lawyer to plead at the Committee for Religion, in the behalf of some Doctrines preached in a Sermon, for which the Preacher never got twenty pence, no defence being

left for the Priests Doctrine, or officiating in sacris, unless allowed by an Act of Parliament, or some common Law-trick; insomuch, that a Learned Doctor of Divinity being accused of Popery, for calling the Communion-Table an Altar, alledging the Scripture in the Hebrews, Habemus Altare, we have an Altar, of which they may not eat, meant of the Christian Eucharist, could not hereby be acquitted of the Popery; but producing the words of an Act of Parliament of Edward the Sixth, yet unrepealed, calling the Eucharist the Sacrament of the Altar, the Committee for Religion were fully answered. And several Actions at common Law of Assault and Battery were brought against a Divine in Essex, who out of zeal to Gods house, (as the Priests did with Ʋzziah) thrust some people out of his Church, who sending for Cakes and Ale from an Ale∣house, were prophanely carousing on the Lords Table in the Church; yet could not this Crime be admitted a lawful plea in the Common Law, to save the Minister harmless from being overthrown in the Action; but consulting with a Lawyer, he was advised to plead his institution and induction into the said Church, where the fact was done, and so by a Rule in the Law, that any man may thrust another out of his House, if he behave himself uncivilly therein, the Minister was secured from the Actions of Assault and Battery; so that would our Saviour now beat out the buyers and sellers from the Temple, the Lawyers would afford an Action against him of Assault and Battery. And not long before this Parliament, did the Lawyers find out ways of Indicting Clergy-men at the publick Assizes, for standing up at the Creed; or for denying to give the Sacrament to people obstinately refusing to kneel at the receiving thereof, and to come up to the Rails about the Holy Table; that I have known some Secta∣ries in London, command their servants to go to the Sacrament, and to sit in the lower places of the Church, to try whether the Minister would bring the Sacrament to them in their seats, that so they might have an Action of Law against the Minister, or else complain against him to the Parliament: nor will it be too long a digression to remember a former vent of the Fanaticks ma∣lice in a Parliament at the beginning of King Charles his Reign; urging strong∣ly, a motion of making Adultery death in a Clergy-man, but not in any other person, purposely to throw scorn on that profession; and how safe any Clergy mans life should have been, may the conspiracy of the Lady Laurence witness against a grave Divine, which the justice of the Star-chamber found out, and censured: righteous judgment no doubt is to be expected, when such a mali∣tious Faction shall get power to make themselves Judges of the Clergy, as now they have done.

Good God! have our Preachers been these Eighty years confuting the su∣perstition of the Papists, to be made the stalking horses to a Sacrilegious, Su∣perstitious, and Rebellious Faction? by whom themselves are at last crowed down for Papists, under the same pretence of Reformation, having been taught to hate Popery without discretion; no marvail if such people now que∣stion their Teachers, and think they have forfeited their power and know∣ledge to them, whom they have taught no better; and what use these men have made of this pretended power, let their own actions testifie. But that they may seem to be no usurpers of any power, at first they derided at Epis∣copacy (or Monarchy, but that is not the subject of this discourse) to be Jure Divino, though never so plain, in the 10. of St. Luke, by Christs Election of 12 Apostles, and 72 Disciples of an inferiour order, out of which Mathias was in the first of the Acts preferred to be numbred with the 11 in the room of Judas; and were there any scruple, who more fitting to resolve the doubt, than those who lived in the Apostles time? as did Ignatius, whose works, as also the con∣tinued succession of Bishops in all Christian Churches for 1500 years together, were argument enough to those who have not denyed their Faith, forgetting their Creed, I believe the holy Catholick Church: And against such men a Chri∣stian ought not to dispute: But now began new principles of Divinity to be broached, by the new State-Chaplains, vid. That the Law of nature bade the Parliament (that is, the House of Commons, the peoples Representatives) to re∣assume

all power into their hands, it being so universally complained of, that the King and the Bishops had abused their trust, intending to ruine the King∣dom, and destroy Religion (the two great bugbears wherewith the Fanatical Faction (who felt the pulses of the people beating strongly after property, or Religion) kept the people continually affrighted; and it being as generally be∣lieved, (for qua volumus facile credimus) that all power in Church and Com∣mon-wealth was derived from the people, and their Representatives, and not from God immediately: Aristotles Politicks is made Scripture for this new Di∣vinity; and surely an excellent Religion will nature teach Christians, to justi∣fie what they have, or shall do so manifestly against the Law of God and man. If this argument be not strong enough, their Lecturers, who were wont in former Parliaments also to attend the House of Commons door, making Legs to the Members in transitu, praying their Worships to remember the Gospel, by which they meant their Presbytery: these preach to them, that their power to Reform Religion, is Jure Divino, why? forsooth because the people called them thereunto; and vox Populi est vox Dei, was their beloved unquestionable Oracle; indeed vox populi cried up Rebellious Absalom against his King and Father! Vox populi cryed against our Saviour, Crucifie him, Crucifie him! Vox populi called for the Golden Calf! from whence to the silver-Smiths of Diana, Scripture may teach us that Argumentum pessimi turba, and that in Reli∣gion vox populi is rather vox Diaboli than Dei. Yet this vox populi must choose our Religion, and Religion-makers: but who gave the people power to choose? the Kings writ for Elections; then all power is not in the people, nor can any Electors invest their Elected with the jus Tertii, for nemo potest plus juris trans∣ferre in alium, quam ipse habet; the power of the Kings, and of the Church, be∣ing not in the peoples power to commit to their Trustees; Laws having made the distinction between the Kings Prerogative, and the Subjects propriety, be∣tween Church and Common-wealth; as well as between meum & tuum, a∣mong fellow-Subjects: and were the Kingdom Elective (as England was ne∣ver) yet well might that Roman Emperours Speech be applyed, Vestrûm quidem erat eligere, pòst autem meum est imperare, vestrum est obedire: But that all power of the Church in Doctrine and Discipline should be originally in the people (that is, the rude multitude) is a new opinion framed by affection, and made Religion by politick engagements, only to serve the present designs; for now the Fanatical Lecturers (having obtained their ends against the Bishops by vox populi, their own Doctrine) dispute the power with their Lay-masters in Parlia∣ment; who by their help getting the Sword, (and by that the strongest power) are not like to forego the same upon Vox populi: But did not violence so crowd up this Lay-Parliament, and Committee for Religion, that in their Chairs no room is left for Gods word to take place, they might know that the Priests lips shall preserve knowledge, and not the peoples lips, and that by tying up the lips of the Priests. Gods Law saith, Deut. 17. v. 8. That man which shall do presumptiously, and not hearken to the Priest, shall dye: Nor did the people teach the Apostles, but surely the Apostles taught the people, and Ruled over the people in Word and Doctrine; since to them Christ gave the Keys, Christus dedit, non populus: Otherways St. Pauls Rod was a meer brag, and so was his jurisdiction, the rest will I set in order when I come; which also he commen∣ded to Timothy and Titus, and the other Bishops and Deacons for governing the Church, whereof the first Synod at Jerusalem consisted; and to prevent the mistake of Lay-Elders in that Synod, it's said afterwards of Judas and Si∣las, that they also were Prophets; and of the Clergy were all general Coun∣sels of Christendome made up, to whom Constantine said, judiciary power (e∣specially in Doctrines) did belong: and this was the established Law of the Christian world; the benefit whereof St. Ambrose pleaded against Auxentius: and it's known, upon such grounds Luther refused the judgment of the Empe∣rours Court, appealing to a Counsel concerning his Doctrine. The word Presbyter almost Englishing itself Priest, as was the Ecclesiastical sense of the word, both in the New Testament, and Ancient Writers, both Christian and

Heathen, which Amianus Marcellinus, a meer Historian, describeth Christiani ritus Presbyter, never Englished in the Grammatical sense, till design translated it so in our English Testament; and by those Translators never intended to be wrested to Lay-Elders, as the non-Doctors of this Generation will have it to signifie. But I forget my self, that I dispute against a Sword, and such Adversaries who told their King, they sate not to be ruled by Presidents, but to make Presidents to the world; and truly they have been as good as their word: But I hope they will regard the judgment of a Protestant Martyr in this case, (for the shedding of whose Blood the Parliament made an Ordinance for repentance:) when the Papists in Queen Maries Raign urged Mr. John Rogers, that the Parliament had established the Ro∣mish Religion; of what force (said this godly Martyr) may we think these Parlia∣ments are, which establish contrary Laws, to condemn that for evil, which before they had decreed for good? it's better to obey God, rather than man; making Religion, which like Tullies Lex Naturae, nec tolli, nec abrogari potest, become Leges Seiae, & Apuleiae, quae unico Senatus versiculo puncto temporis sublatae sint. And should the House of Commons assume this power in Religion, Religion, like Englishmens clothes, would ever be cutting into some new fashion, as any Faction ariseth in the Kingdom; but that this Faction in Parliament may blind the eyes of the world, (indeed to strengthen and support themselves, till they should become absolute Masters of England) when they had been long tampering with Religion, at last they found (policy necessitating them) some need of using Clergy-men; yet in such a monstrous way, as the Christian world never heard the like, by a new thing called an Assembly of Divines, not summoned by the Kings Writ and Au∣thority, (expresly against the Statute of Hen. 1.) nor chosen by the Clergy, but plucked out of each Members pocket, and by vertue of Hocus pocus, jugled into a Conventicle-Synod, on purpose (for all forced Synods have ever more of private interest, than the publick good of the Church) to help out with some new Reli∣gion, as their Masters (which hired them with 4 s. per diem) shall appoint: Yet lest these Divines (such as they be, New-Englanders, Amsterdamians, Pedants, and Trencher Chaplains; (to whom were some ten learned Clergy-mens names joyned as Seals, who never came there in person) should take any authority to themselves, the Faction in Parliament have jusled in Thirty of their Lay-Members (another Vote can make them thirty more) as Members of this Linsy-woolsie Synod, to help up a side; but to make all sure, their Parliament Masters have ordered, that this Assembly (yoaked like an Oxe and an Ass to till the Holy-Land) must meddle only with what shall be propounded to them from the Houses of Parliament; and when all is done, their conclusions shall not bind, till the Parliament give leave and consent; and saith the Ordinance (not Law) whereby this Learned Synod is created and bridled, these Divines must tell them what is most agreeable to Gods word; and when the Parliament is thus certified what Gods Law is, the House of Commons will vote whether it shall be obeyed or no: Such an Omnipotency over Gods Law, over the Church and the King, hath this Faction usurped since this Parliament, to plant in Christs Kingdom, and the power of Religion and Reformation as their specious pretences at first were, turning the Spanish cloak of Religion into the English Proverb, of playing the Devil for Gods sake.

Notes

• Mr. Brookes of Yarmouth.
• Dr. Sterne.
• Mr. Rous.
• Mr. Che∣slen of St. Matthew Friday∣street.
• Cicero de∣legibus, lib. 1.
• Mr. Vaughan.
• Dr. Cosin.
• Mr. A∣dams.
• In Dur∣ham.
• The Ob∣servator.
• Seneca de vitâ beat.
• 2. Mala∣chi 7.
• Deut. 17. 8.
• 1 Cor. 11.
• Acts 15.
• Fox 3. pag. 127. old Edition. Lord Sayes Laws.