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A42657 Siniorragia the sifters sieve broken, or a reply to Doctor Boughen's sifting my case of conscience touching the Kings coronation oath : wherein is cleared that bishops are not jure divino, that their sole government without the help of presbyters is an ursurpation and an innovation, that the Kings oath at coronation is not to be extended to preserve bishops, with the ruine of himself and kingdome / by John Geree. Geree, John, 1601?-1649. 1648 (1648) Wing G599; ESTC R26434 102,019 146

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sence and intention of it which the review of the Covenant saith is all the obligation of an oath Parag. 9. You speak about the change of the condition of the Clergie as though the intent were to make it slavery Sure Sir it s far from my intent The English Laytie are not slaves He that saith the Priviledges of the English Clergie that they hold by law are inviolable to them while the law remains but that the laws concerning them are alterable makes them not slaves but equall in freedom to any English Lay-subject But Parag. 10. You would pretend to a little subtiltie for you say the change of the Clergies condition from Popery to Protestancy was for the better or for the worse I answer undoubtedly for better morally for now we are in Christs way Let every soul be subject c. Rom. 13.1 Then we were in Anti-Christs way but yet in a civill respect we have not such exemptions or liberties as we had we are more under uncivil power but this is for the better for that libertie that is without Gods leave is not indeed a priviledg but a snare to the partie holding it I confess with you that the intent of the Kings oath was to protect his subjects in their severall places dignities and degrees and not to suffer them to oppress one another but not to deny any Bill that upon advisement shall be presented and manifested to conduce to the weal publique You proceed Parag. 11. The intention of the oath is to maintain the ancient legall and the just rights of the Clergie I have answered it is to maintain them against illegall oppression but not against legall alteration that you should prove but do not The continual practice of the nation is with me wherein by divers statutes many Canonical Priviledges have been altered as 25. H. 8. all Canonicall Priviledges contrariant to the Kings Prerogative and civil laws and 1 of Elizabeth in giving power to the Crown to exercise all Ecclesiasticall jurisdiction by whom she will appoint and this is all that I affirm that Priviledges are alterable by an orderly way in Parliament and therefore you may take the Ghostly Fathers place to the man of sin which you would bequeath to me you are fitter to serve the Pope then I you hold no Bishop no Church but such passions I look at but as winchings when an argument pincheth For Parag. 12. I consent to Sir Edward Cook in his opinion of the Kings engagement to maintain the rights and inheritance of the Church nor is he against my limitation for it s known what his opinion was of the power of Parliaments That they might alter what ever they saw inconvenient to publikeweal In your parag 12. You wilfully slander me that I would perswade the Laytie that the Clergies weal is their woe I only affirm that if all such Priviledges of the Clergie that are in their nature alterable be made unalterable by the kings oath that let the kingdom sink or swim the King cannot consent by Act of Parliament to alter them then are they inconsistent with the people and this I say again And I am carried thereto by evidence of truth and not any caninus appetitus after wealth and honour Those that know me will but laugh at your rashness in these mistaken calumnies The former part of your 14. Parag. is passionate non-sense the latter part is a contradiction for you say if this oath be not against legall alteration in the true and literal sense c. The King may not without violation of his oath pass a Bill for the abolition of Episcopacie What I pray you is legall alteration of any thing here in England but alteration by consent of the King and Parliament How can this oath then if it be not against a legall alteration be against an alteration by Bill in Parliament which is the only legall alteration of Priviledges founded on law in England you are the strangest opponent that ever I met with you make nothing of giving the cause and railing at me for carrying it To as little purpose is all you conclude with parag 15. Whereas I say he may pass a Bill you wonder I say not he must pass a Bill you add I say that which is equivalent He cannot now deny consent without sin but yet Sir this must arise not from any authoritie of the Houses but from the condition of the King to preserve or restore peace to his kingdoms For the kings negative voice I alwaies asserted it as well as you both in word and writing but I affirm he hath power of an affirmative voice to confirm any thing that is for good of his people which he hath not nor ought not to swear away It may be you will say true if abolition of Episcopacie were for the good of the nation I answer that 's to pass to another question and to grant this in hand but besides the King and Parliament are to judg of the goodness of it for the nation and if they erre they are answerable to God alone Case of Conscience resolved SEcondly I answer from the expressions of the oath it self as they are set down by the same Author pag. 74. To protect the Bishops and their Priviledges to his power as every good king in his kingdom ought to protect and defend the Bishops and Churches under their government Here you see the engagement of the king is but to his power as every good King ought in right to protect c. Now such power is no further then he can do it without sinning against God and being injurious to the rest of his people When then he hath interposed his authoritie for them and put forth all the power he hath to preserve them if after all this he must let them fall or support them with the bloud of his good subjects and those unwilling too to engage their lives for the others priviledges I think none need question but that he hath gone to the extent of his power and as far as good Kings are bound in right for it is not equall to engage the lives of some to uphold the honours of others That were to be cruel to many thousands to be indulgent to a few Suppose a king put a Commander into a City and give him an oath to maintain the Priviledges of it and keep it for him to his power and this Commander keeps this town till he hath no more strength to hold it unless he force the Townes-men to arms against that priviledg which he hath sworn to maintain If this Governor now surrender this town upon composition doth he violate his oath I think none will affirm it Such is the case with the king in this particular when he hath gone as far in their protection as is consistent with the weal of other his liege people which he is sworn to tender he hath protected them to his power and his obligation is no further by the
now comes a precious one He believes it well appears That supremacie over all Laws to make or disanul them is in the King alone at the Petition of both Houses Ridiculum caput for it s as much as to say it s in the King alone with the help of others a notorious Bull. That power is in a man alone which he can execute without the concurrence of others but this the King cannot do without the Houses manifesting their consent and desire by Petition Besides have you forgot the statute your self quoted pag. 85 That no Act of Par liament be passed by any Sovereign of this Realm or any other authority whatsoever without the advice and consent of the three Estates of the Kingdom c. Oportet te esse memorem But you will come to Scriptures Fathers and moderne Authors as Parag. 6. ' Peter ascribeth supremacie to the King 1 Pet. 2.13 14. But that is clearly as I have said as Supream Magistrate to whom others are subordinate and this admonition must be with limitation too where Kings are supream You do not think that the Apostle doth level all Kings and give them all one equal supremacie No the Apostle had no power nor would not attempt to alter the constitution of Nations Now Grotius will tell you some Kings are not supream Those of Athens were under the power of the people those of Lacedemon under the Ephori See Grot. de jure bel pac lib. 1. cap. 2. parag 8. The sentences out of Fathers which you quote parag 6 and 7. speak of absolute Monarchs which you ignorantly or flatteringly say ours is but our King denies it calling our government a mixture of all the three and a regular Monarchie Collect. of Declar. c. pag. 320. 321. And that sentence cited by you out of Grotius will confute you That 's the supream civil power cujus actus alterius juri non subsunt Whose acts are not subject to another mans censure For those acts that any do by the Kings authoritie are the Kings acts and the Parliament hath power to disanul these acts and punish these agents as the King informeth Collect. of Remonstr pag. 321. to shew the compleatness of our government Our Law indeed saith the king can do no wrong that is he cannot work but by Agents and the law takes no notice of him in it but of the Agents to punish them But you proceed Parag. 8. I ●●ow say you you relye more upon the laws of the Land then upon the Word of God But I believe therein you speak against your conscience what you produce that the king is the supream Head is no more then what I ascribe to him to be supream Magistrate and in that he is alone and the head one and therefore the Bull of two Supremacies you speak of is but a Calf of your own fancie What you say Parag. 9 10. 13. Touching the Parliament being subjects and petitioning to him as subjects and that Bills are not in force without him I confess but these onely denie that supremacie in the Parlament which I never asserted but do not assert the supremacy in the king to make or un-make laws without them Therefore all this is trifling Par. 11. You ask What supremacie can be in that Court that cannot lawfully Convene till the King summonthem There is this The supremacie of a Court as you confess to be the supream Court that is there is no appeal from them but appeals from all Courts to them and you know they can reverse decrees in Courts which the King cannot he can pardon not reverse sentences They can reverse Verdicts but not pardon offenders You add Parag. 12. The King is to regulate them for the time I acknowledg it this Parliament onely excepted by a particular Statute made in this Parliament with the Kings assent And for the manner The king himself saith they are free and have priviledges of their own For the great Lawyers judgement you speak of in Richard the 2. time That if any in Parliament proceed upon other Articles or in other manner then is limited by the King c. they are to be punished as Traytors I wonder you will mention it sith that great Lawyer was flattering Tresilyan who by such ill Counsel helpt to over-throw his Sovereign and in a Parliament held in the 13 year of Richard 2. was for this by the Lords in Parliament condemned to be hanged drawn and quartered which was presently executed on him as our Historians shew Your Collections Par. 14. were disproved before what you say ' for the Kings regulating Courts of justice You mistake the Law is their rule and that regulates them which if they transgress he may punish them but the law they are sworn to follow against any private instructions of his that 's clearly known You sum up your arguments Parag. 15. But they are all short of your conclusion for they conclude not against the Parliaments being a supream Court which is all I assert and you confess in the following page Nay in this page parag 17. and what you have parag 16. 17. 18. 19. 20. Are superfluous For they onely concludet he King to be supream Magistrate but exclude not the Parliament from being the supream Court you say but yet it is the Kings Court I deny it not I denie him onely to be above it in the capacitie of a Court though it sit by his writ Therefore all you do here is but lis de lana caprina meer trifling And as captious a conceipt is that that you conceive not They have power to make and alter laws at pleasure for there is great danger in altering laws without urgent cause Who doubts it What need you prove it But to make up want of proof in things to be proved Who knows not that wisedom and moderation in Law makers is to regulate that power that they may put forth upon any that they put it not forth but upon just occasion Parag. 22. You infer If the King cannot do any thing against the legal rights of others so nor Parliaments True they ought not to over-rule or alter the rights of other but for the publike good but for that they may you know there were many had legal rights in offices in Star-Chamber and yet for publike good the King condescended to a Bill of abrogation Parag. 23. You tell us ' The King is above law That is say you Common-law But this is your fiction for the King saith he is a regular Monarch that is regulated by laws so in a sence under them The common custom of our Nation is that actions may be commenced against the King at the Common-law therefore you speak against experience in saying that the king is above the Common-law which appears also in that the Judges of the Common as well as Statute-law are sworn not to denie or delay justice to any for any Letter or Prohibition of the king And though his taking
a Presbyter The one a successor of the Apostles indued with power of ordination and other jurisdiction the other the Successor of the Presbyters ordained by Timothy and Titus endued with power of administring word and Sacraments Neg. FOr the sounder and clearer resolving of this question I shall proceed by way of Thesis fetching things from the first original barely proposing only what is confest by all but proving those things wherein there is any controversie or whereon the controversie hath dependance Thesis 1. first its agreed amongst all that all the teaching Officers that can challenge Livine institution are set down in an intire Catalogue Eph. 4.11 And gave some Apostles and some Prophets and some Evangelists and some Pastors and Teachers and therefore all that cannot derive their pedigree from one of these must be in the case of those Neh. 7.64 Thesis 2. That of these Officers some were extraordinary some ordinary Thesis 3. That Apostles Prophets Evangelists were extraordinary officers for the first planting of Churches and Pastors and Teachers ordinarie Thesis 4. That the extraordinary officers were temporary and the ordinary to be perpetual in the Church Bilson perp govern p. 300. The office of Evangelists was extraordinary and temporary Field of the Church lib. 5. c. 22. And indeed whatsoever is extraordinary is temporary Thesis 5. That Apostles were the highest of extraordinary officers and Pastors the highest of those that were ordinary Apostles are named first and all that are named before Pastors are acknowledged extraordinary Ephes 4.11 Thesis 6. That in the extraordinary Officers there were some gifts and acts peculiar to them as such as to the Apostles immediate calling divine inspiration infallibility in doctrine universal charge and in the Evangelist to be an assistant to an Apostle not to be perpetually fixt to any place but for the finishing some special work as Timothy at Ephesus 1 Tim. 1.3 Titus at Creet cap. 1.5 3.12 Secondly There were some qualities and actions which though required in and done by them as extraordinary officers in an extraordinary way yet are of necessitie and are in an ordinarie way perpetually to be continued in the Church of God as abilities to teach and rule the Church and the acts of teaching praying ordination of Ministers Church-censures c. See Bilson perp govern chap. 7. pag. 106 107. Thesis 7. That these Pastors Eph. 4.11 that are the highest ordinary Officers are Successors to the Apostles in all that power and authoritie and all those acts flowing from it which are necessary perpetual and ordinary in the Church of God This also is clear power and authoritie require a subject divine power and authoritie a subject of divine institution Now no other remains of those of Gods institution but Pastors and Teachers which if they be not the same Pastor is the chief The other as temporary are ceased therefore Pastors must be their successors in all this power and in them must the commands for execution be kept without spot or unrebukable untill the appearing of our Lord Jesus Christ 1 Tim. 6.14 And to them must that Apostolical promise be performed Matth. 28.20 Behold I am with you to the end of the world Thesis 8. The Pastors and Teachers 1 Cor. 12.28 Eph. 4.11 are no other but Synonymaes with those Elders ordained in every Church Acts 14.23 and in every City Tit. 1.5 This is clear for those Elders that were here ordained were officers of Christs giving The Apostles would ordain no other it had been sacrilegious presumption but they were neither Apostles Prophets nor Evangelists Ergo if Christs they must be under either Pastors or Teachers Thesis 9. These Elders were by the Holy Ghost also stiled Bishops and were indeed Bishops aliud aetatis aliud officii nomen and of them it is that direction is given under the name of Bishops 1 Tim. 3. Herein Jerome is most plain seconded by Ambrose or Hilary an approved Author under his name who though they differ from other fathers who understand by Bishop Hieron in Ep. ad Titum 1 Tim. 3.2 Bishop distinct from a Presbyter such as was in their times Yet Jeromes reason preponderates all because drawn out of the bowels of the Text 1 Titus 1.5 6 7. Attend saith he the words of the Apostle who having discours'd of the qualities of a Presbyter after infers for a Bishop must be blameless c. Therefore a Bishop and a Presbyter are the same Again if any yet doubt saith he whether a Bishop and a Presbyter be not all one let him read the Apostle Phil. 1.1 Paul and Timotheus the servants of Jesus Christ to all the Saints which are in Philippi with the Bishops and Deacons Philippi saith he was a City of Macedonia and certainly in one City as now they are called more Bishops could not be But St. Paul thus wrote because at that time Presbyters and Bishops were all one If yet this seem ambiguous saith he that Presbyters and Bishops were all one it may be proved by another testimony It 's written in the Acts of the Apostles when St. Paul came to Miletum he sent to Ephesus and called to him thence the Elders of that Church to whom amongst other things he spake thus Take heed to your selves and to your flock over which the Holy Ghost hath placed you Bishops to feed the Church of God c. Observe this diligently saith he how calling the Presbyters of one City Ephesus he afterwards calls them Bishops he adds Heb. 13.17 1 Pet. 5.1 2. and concludes these things that we might shew that amongst the Ancients Presbyters and Bishops were the same Thesis 10. After the decease of the extraordinary Officers Apostles Prophets Evangelists and their Office with cause of it with them the Church acknowledgd no other Church-Officers as instituted of Christ but only the two mentioned 1 Tim. 3. Titus 1. 1 Bishops or Presbyters 2 Deacons Clemens mentioned Phil. 4.3 who is witnessed by Tertullian to be ordained of St. Peter himself de prescrip in an Epistle to the Corinthians writes thus The Apostles preaching through the Countries and Regions their first fruits whom they had tryed by the spirit they appointed for Bishops and Deacons to believers Here you see by the Apostles were constituted but these two Offices Bishops and Deacons of whom he afterwards saith that those that have humbly and unblameably ministred to the sheep-fold of Christ those we may not think may be justly thrown out of their Ministry whence he infers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. It 's a filthy thing beloved yea very filthy and unworthy that conversation which is in Christ Jesus to hear that the most strong and ancient Church of Corinth for one or two persons should make a faction against their Presbyters He concludes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 You therefore who have laid the foundation of sedition be instructed to repent and be subject to your Presbyters so whom he called Bishops he now calls
Ministery being of such great importance that it will take up the whole man and that it is found by long experience that their intermedling with secular jurisdictions hath occasioned great mischief and scandall both to Church and State His Majestie out of his religious care of the Church and souls of his people is graciously pleased that it be enacted And by authority of this Parliament be it enacted that no Arch-Bishop c. shall have any seat or place suffrage or voice or use or execute any power or authority in the Parliament of this Realm Now hath my phrase done any more then express the reason given for abolition in this Statute by King and Parliament while therefore you rave so at me doth not all more properly light on them I may therefore say as sometimes Moses who am I Your murmurings are not against me but against king and Parliament But you question whether they were not thrust out to make way for these civill broyles The Incendiaries knew well enough that those messengers and makers of peace would never have passed a vote for war I answer they should be makers of peace but have they been so indeed of late I pray who occasioned the war by Liturgie illegally put upon the Scots but Prelates who put on the king to raise an Army against them more then Prelates You know * Bishop Bath and Wells to excite his Clergy to contribute who called it Bellum Episcopale Who put on the king to break his first pacification with the Scots but Prelates Then oaths were no ingagements with them when against Prelates But now the kings oath must be cryed up to keep them up but you should remember Quicquid fit propter deum fit aequaliter which hints the hypocrisie of your pretences of renderness of an oath in this case if you had not the same tenderness in the other case Then Parag. 2. You tell an Apocrypha tale of the outcries of some Clothiers that occasioned the making of that statute as though men would believe your traditional tale before the express words of king and Parliament contained in the act Parag. 3.4 You inquire why it is incongruous to the calling of Bishop to sit and vote in the House of Peers and raise imaginary reasons and confute them looking over that in the statute That Bishops and other persons in holy orders ought not to be intangled in secular jurisdiction and this is grounded on Scripture 2 Tim. 2. comparing v. 4. 7. and more expresly speak the Apostles and you make Bishops Apostles It is not reason we should leave the Word of God Act. 6.2 and serve tables 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Beza and the vulgar non est aequum See how the grounds mentioned by king and Parliament in the statute are grounded on Scripture But Parag. 5. You would prove that there could be no incongruity between their calling and voting in the House of Peers by Scripture For then Melchizedeck that was both King and Priest had never been a type of our Saviour It doth not follow for he was therefore a type to shew that Christ should be both king and Priest but his kingdom was not of this world he would not intangle himself with the affairs of this life and divide inheritances Again you bring the example of Moses and Eli who were extraordinary persons as though God doth not things extraordinarily that are incongruous ordinarily as to make Deborah and Huldah Prophetesses But Joash thrived so long as he followed Jehojada the high Priest as though a good Bishop cannot give good counsell to a king unless he sit and vote among Peers You tell us also how some of our Kings prospered by their Counsels Is it not as easie to tell you of a Bishop that preached my head aketh to usher in the dethroning of a king to tell you how R. 2. was undone by the unpolitique counsell of the pious Bishop of Carlile which shews that usually the best Bishops are the worst States men Parag. 6. You add a wonder it is that my faction spies this incongruity which was never discerned by the wisest of our fore-fathers See you not how you call king and Parliament a faction whose sense I exprest If I had been so rude what out-cries should we have had of blaspheming and spitting in the face of authority Of the same nature are other your foolish arguings parag 7.8 about the writ of summons to Parliament as though the Supremacie being in king and Parliament they cannot change the state of the Parliament and so of the writ And therefore all your strange language doth not only question the integrity of king and Parliament in their expression and their wisdom in making but their power in performing which insolency whether it deserve words to answer let the reader judg and this same answer will also take off your 13. parag What you say parag 9. touching the sufficiency of Bishops for this work is not of validity to infer the conclusion which you would have are they more able to vote in Parliament then the Apostles to serve tables have they not a sphear as Ministers that will swallow up all their abilities why should they then any more then the Apostles leave their spiritual work for secular imployments What you add touching David parag 10. that he err'd for want of the presence and advice of the Priests and suffered but after he calls for the Priests and acknowledgeth his error c. This is true and yet withall his fault was not in not having the Priests at first but not using them as he should they drove the cart whereon it was instead of carrying it on their shoulders neither is it mentioned that they discovered the error to him but he to them having it as it seems by divine revelations on his humiliation and prayer 1 Chron. 15.2 But may there not be the Counsell and advice of Divines to a Parliament in matters of God unless they sit and vote with Peers in matters secular May they not in a Convocation or Assembly advise in matter of religion where they shall keep the sphear of Divinitie and meddle with nothing Heretogeneal to their calling So your reasonings parag 11 12. are too weak to infer votes with Peers For your statute Parag. 14. I know not what to say to it because I know not where to finde it But do you bring this to involve this king and Parliament under a curse and blame me for a moderate and necessary expression of vinculum iniquitatis Turp● est Doctori c. What you say Parag. 15. Of the benefit of good Bishops as Ministers of the Gospel I assent to it but neither of the places speak as having them Ministers of State A King and Parliament may have the blessing of faithful Bishops by their preaching and prayers without their votes and presence among Peers yea more then with it for that usually makes them too great to preach in season and
allow all this and in as full words pag. 4. of Case resolved but I affirm this office by its incroachments excluding Presbyters and Canonical priviledges which it challengeth is grown burthensom instead of useful and the incumbents for the general much degenerate both neglecting the main of a Pastors office preaching and abusing their power to the hindring of it in others And for that which you add of the forfeitures of other Corporations as that of Drapers or Grocers or the City of London it self I believe if the King had conquer'd you would have been as ready as any to have impleaded the Companies of London of forfeiture for assisting in the War against him And who knows not that Corporations may and often do forfeit and lose their Charters of priviledges by abuse and misdemeanours For what you say ' of Parliaments power Parag. 6. I would you would alwaies speak so modestly By Parliamentarie power when I speak so largely I take it as containing the three estates the King the head and the Lords and Commons as the body yet I abhor to think of ascribing to them power to make that which is unjust just as I do disdain that comparison of the witness brought by me against Episcopacie to that brought against Naboth by suborned Knights of the Posts for the testimonies I brought were out of the Scripturures of Truth But Parag. 7 8 9. We have a great out-cry made but the best is it s a great deal of cry and little wooll The out-cry is at these words If King and Parliament release the engagement in the case of money the engagement were gon in law though not in equity The Order would be valid in law though in jurious First you question the validity of an Order of Parliament but you should remember I speak of an Order past by King and Parliament and that amounts to a law and later laws over-rule former Then you bid men take heed of their purses for I speak of sums of money But this is but to make a noise for you know my Opponent brought in the instance of money and I did but answer about it But the greatest out-cry is at this gon in law not in equity valid in law though injurious behold say you law without equity God bless me from such law I say so too but the Divinity is good enough by your leave For were not the Statutes in Queen Maries time laws though injurious And the Martyrs brought to a legal tryal by the Statute-laws of the Land though injurious ones This is so plain that no rational man can deny it and all the shew you make to the contrary is but from the word Jus because that properly signifies such a constitution as is just But if an unequal Statute may not be called Jus properly may it not be called Lex or a Statute-law your own word * Your self say pag. 40. Lex non obligat subditos in foro conscientiae nisi sit juste The law binds not Subjects in the Court of conscience unless it be just But then this implyes in foro humano it doth which agrees to what I say but that you have a minde to quarrel pag. 94. l. 12. shews that you are not so ignorant as not to know it nor so impudent as to deny it And therefore your accusations here of Divinity without conscience c. are Sophistical and childish or malicious whereas you say I stretch my conscience and justifie a power in the Parliament to do injury and not onely so but a power to make laws to justifie this injury It s a most false slander I say there is in King and Parliament that Peerless power that their agreement makes a law but if they stretch this to unjust things they abuse their power and become injurious and sin yet we have no plea against them in law that is in foro humano but in equity and conscience Parag. 10. You quarrel in like manner with those words So if there be no injury the King and Parliament may cancel any obligation which your dulness or passion makes you not understand and so you play the ape with them The meaning is this The King and Houses being the supream power what they ratifie stands firm and what they abolish no man can claim by any constitution of the Nation And in matters not injurious they may lawfully put this power committed to them into act Now Parag. 11. It may appear that you well understood what I meant in distinguishing between law equity in that you say What is according to law true law is lawful Why do you say true law but to note a distinction of laws Some are made by lawful authoritie and so valid in foro humano in mans Court yet that authoritie observes not the right rules of equitie but abuseth power to decree unjust things and so it is a law but not a true law that is not a law for that intent that laws were ordained to prevent injury not decree it I conclude therefore that you make these rehearsals of law without equity ad faciendum populum against your own conscience but the intelligent will see and deride this beggarly fraud Parag. 12. You harp upon the old string that an office can forfeit nothing And I grant it of such an office that is of God and of such priviledges as are necessarie or usefull but neither is Episcopacie such an office nor their large jurisdiction and great pomp such priviledges Parag. 13. Runs on the same string touching an office instituted of God which Episcopacie is not though Ministrie be And then kindly as often formerly grant the question that of priviledges perchance there may be a forfeiture where they prove prejudiciall to the publike good and so waves the question from that which is de jure of right which he hath been disputing all this while to that which is de facto of the fact of prejudice to the publike in which question how confident soever he be in the negative I must mind him that not he and the Prelates nor I that are parties but the King and Parliament must be Judges For what you say out of the great Charter Parag. 14. ' We grant to God and confirm the Church of England free c. I answer but the Bishops are not the Church you do not I hope approve that popish language they were then but a part and an unsound part being vassals to the man of sin Yet William the Conqueror did ill to appropriate Church-lands for covetousness and for it might miscarry so did they for the same cause rob the Temples of the Heathen Deities whence the proverbe Aurum Tolosanum in Aulus Gel. Noct. Attic. lib. 3. c. 9. Yet they did well that conscientiously abolish'd both Idols and Temples What you add that in strictness of Reformation Episcopacy was continued in England as most useful for the Church How this observation is connected I know not It is a suddain