Say not that in case of necessity Presbyters may ordaine when you maliciously make the necessity God provides for such necessities as are inforced upon us or happen casually and inevitably not for those whereinto we wittingly and wilfully plunge our selves Delve up the root God will hardly work a miracle to provide sap for the branches or body of the tree Sine nostro officio est plebi certa pernicies It is S. Austins Without our without the EPISCOPALL OFFICE there is certaine ruine to the people S. Austine was a Bishop when he resolved thus and wrote it to a Bishop That I may speake plainly God and the times require it No Bishop no Preist no Preist no Lords Supper no Lords Supper no Salvation according to the ordinary way prescribed by our blessed Saviour 8. This shall be made good first according to your Protestation secondly according to your Solemn League and Covenant In your Protestation ye have vowed in the presence of Almighty God to maintain and defend the true Reformed Protestant Religion expressed in the doctrine of the Church of England This doctrine is punctually and carefully delivered in the 39 Articles According to which Articles I proceed thus The ordinary way to heaven is by the Word and Sacraments No man may preach or administer the Sacraments but he that is lawfully called and sent None are lawfully called and sent but they onely who are called and sent by those that have authority But Bishops and onely Bishops have authority to send in this kind And therefore No Bishop no ordinary way to heaven 9 The first Proposition is not doubted of by Protestant or Papist it is therefore taken for granted The second Proposition is in terminis let down Art 23. It is not lawfull for any man to take upon him the Office of PUBLICKE PREACHING or MINISTRING THE SACRAMENTS in the congregation before he be lawfully called and sent to execute the same The third is likewise expressed in the same Article Those we ought to judge lawfully called and sent which be chosen and called to this work by men who have publick authority given unto them in the congregation to call and send Ministers into the Lords Vineyard And who are these men that have this authority Bishops onely Bishops So the 36 Article The book of consecration of Arch-Bishops and Bishops and ordering of Preists and Deacons doth containe all things NECESSARY to such consecration and ordering And whosoever are consecrated or ordered according to the Rites of that Book â—â—e decreed to be RIGHTLY ORDERLY and LAWFULLY CONSECRATED and ordered But therein the Bishop onely hath authority to ordain And in the Preface to the Book of Ordination it is resolved that I is requisite that NO MAN SHALL EXECUTE ANY OF THESE ORDERS except he be called tried examined and admitted ACCORDING TO THE FORME FOLLOWING in that Book 10. Thus we cannot but see that according to the expresse doctrine of this Church of England without a Bishop no Sacraments and consequently no salvation For though God can save without meanes yet he hath tied us to the meanes and the meanes must be used if we desire to be saved This book was composed and set forth in the time of K Edward the sixt by those holy men who afterwards were blessed Martyrs and at the same time confirmed by full consent and authority of Parliament After this in the time of Queen Elizabeth it was again confirmed and alwaies ratified with the 39 Articles and the Clergie injoyned to subscribe to this booke in and with those Articles that so they might be known to be in Communion with the Church of England Thus far with the Protestation CHAP. V. Whether ye have not bornd your selves by your Solemne League and Covenant to maintain Episcopacy 1. NOw I descend to your Solemne League and Covenant wherein ye have publickly vowed to endeavour the Reformation of Religion according to the word of God and the example of the best reformed Churches I shall therefore prove first by the Word of God and secondly by the best reformed Churches that ye have solemnly bound your selves to maintain Episcopacy if so ye are resolved to keep this branch of your Covenant 2. First we know that there is no other name under heaven whereby we may be saved but onely the Name of our Lord Jesus Christ Secondly we are agreed that Faith comes by hearing and hearing by the Word of God Thirdly our Saviour saith flatly Except ye eat the flesh of the Son of man and drink his blood ye have no life in you We cannot therefore but acknowledge that without the Word and Sacraments there 's no salvation Since then all those that are in Orders exercise the ministration of the Word and Sacraments not in their own name but in Christs and do MINISTER BY HIS COMMISSION AND AUTHORITY we are therefore to enquire who have this Commission given them in and by the word of Christ For S. Paul wonders how any man can preach in publick except he be sent The Commission for preaching was immediately given by our B. Saviour both to the twelve Apostles and to the seventy Disciples To the twelve St. Luk 9. 2. St. Matth. 28. 19. To the seventy St. Luk. 10. 9. 16. The Commission to consecrate and administer the Lords Supper is given to the twelve Apostles St. Luk. 22. 19. 1 Cor. 11. 24. St. Paul and St. Matthias also were immediately admitted to the Apostleship by Christ himself These and onely these who are here mention'd were immediately ordained by our B. Saviour 3. But our Saviour having commanded and provided that All Nations should be taught and baptized and having instituted and in his holy Gospel commanded us to continue a perpetuall memory of his precious death untill his coming again that this might be done he gave his Apostles this large commission As my Father hath sent me even so send I you And how was that even to preach to baptize to consecrate and administer the Lords Supper to binde sinners and loose the penitent and to ordain other Apostles and Presbyters which might continue these blessings to his people in all ages As also else-where in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A gift ye have received give this gift The Greeks take not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 adverbially but substantively and I beleeve in the East they understand their own the Greek tongue better then we do in the West And as they were commanded they did S. Paul and S. Barnabas were Apostles and them we find ordaining Presbyters in every Church where they come Act. 14. 23. S. Paul himself ordains Timothy to be the Apostle or Bishop of Ephesus He gives the power of Ordination to Titus Tit. 1. 5. And acknowledgeth it to be in Timothy 1 Tim. 5. 22. These were the Apostles or Bishops properly so called of their severall Churches These had the
This right is grounded upon Scripture for God saith Erunt Reges nutritii tui Kings shall be nursing Fathers and Queens shall be nursing Mothers to the Church Who then dares say they ought not or shall not 3. Besides what is done in right is injurious to no man since jus and injuria right and wrong cannot consist in the same action under the same consideration And yet no right is done but it is displeasing to the adverse partie God did right in protecting Moses and Aaron against Korah and his confederates He did right in destroying those factious and rebellious persons and yet this was displeasing to all the congregation of the children of Israel And shall God or the King forbear to do right because the multitude murmure at it This be far from the Lord and his Vicegerent A Judge is sworn to do right If then he do not right to the utmost of his understanding he is perjured And the more eminent a man is in place the greater the sin You know to whom it was said Because by this deed thou hast given great occasion to the enemies of the Lord to blaspheme the childe that is born unto thee shall surely dye And of Jerâ—boam it was said z Go tell him thus saith thâ— Lord God of Israel For as much as I exâ—â—ted the frâ—m â—mâ—â—g the people and made thee Prince over my people Israel and yet thâ—â— hast done evill above all that were before thee and hast casâ— me behind thy 〈…〉 Therefore behold I will bring evill upon the house of Jeroboam c. 4. Secondly the King hath sworn to be the Protectâ—r and Defender of the Churches under his Government and this you will confesse the King ought to do But the King doth not protect the Church unlesse he protect the Bishops since without Bishops the Church must needs crumble away and come to nothing The Bishop is the ministeriall Spouse of the Church how then can the Church be protected if her husband be taken from her or stripped of his means Just as our wives are maintained with the fift part Fed with an Ordinance with words but where 's the fift part which of our wives have had that justly payed them 5. The Bishop is under Christ the Father of the Church Destroy the Father and how shall the Children be provided for Nay who shall beget children of the Church when she is void of an Husband And the Bishop is the onely Husband of the Church take â—way the Bishop and the Church is a Widow if you will beleeve the Councell of Chalcedon I have heretofore manifested that none but a Bishop can ordain either Priest or Deacon And Zanchius determines that the Church may not want Ministers who are to administer these externall things the Word and Sacraments Remove the Ministers that have this power derived unto them from Christ and the Sacraments must fail and consequently the Church For what is the Church but a Congregation of Christians wherein the pure Word of God is preached and the Sacraments duly administred ACCORDING TO CHRISTS ORDINANCE But according to Christs Ordinance none may administer the Word and Sacraments but Bishops Priests and Deacons Take these away and what becomes of the Sacraments Take away Baptisme and according to Gods ordinary and revealed way we cannot become Christians we cannot be born anew of water and of the holy Ghost And when we are become Christians take away that food of life the Lords Supper and we must needs famish for unlesse we eat the flesh of the Son of man and drink his blood in that blessed Sacrament we have no life in us Hence is that of Calvin The light and heat of the Sun meat and drink are not so necessary for the cherishing and sustaining this present life as the APOSTOLICALL and Pâ—storall OFFICE is for the PRESERVATION OF THE CHURCH on earth If then it be proved that Bishops properly and strictly so called be of the same office and order with the Apostles then have we Calvins acknowledgement that the Church cannot subsist without Bishops 6. Indeed it cannot if we beleeve S. Cyprian for he saith that we ought to know Episcopum in Ecclesia esse ECCLESIAM IN EPISCOPO that the Bishop is in the Church and the CHURCH IN THE BISHOP it stands and fals with him What then becomes of that Church where there is no Bishop Si qui cum Episcopo non sint in Ecclesia non esse We must also know saith that blessed Martyr that they which are not with the Bishop are out of the Church Thus the Bishop is in the Church causaliter causally but the Church in the Bishop virtually The fountain is in the brook causally and the brook in the fountain virtually because from the fountain the Rives derives his being from thence it is derived and fed Damne up the fountain or divert his course and what becomes of the river Thus is it between the Bishop and the Church Hence I infer that the matter of the Oath is lawfull I conclude therefore with the Author of the Review that His Majestie is bound in Religion and conscience to protect the Bishops with their Churches and priviledges Unlesse it be so that you can bring him a new Christ who will ordain another way to heaven 7. But say you it is a ground laid down by this Author that no oath is obligatory beyond the intention of it That is according to the common plain and literall meaning thereof otherwise we know no intention of an oath We must therefore look back to the intention of the first framers thereof as also to the good and securitie of those to whom and for whose sake it is takâ—n n. That the intention of this oath and the framers thereof is against a tyramous invasion on the rights of the Clergie as also to protect them against violence no question at all is to be made and you do well to acknowledge it So far then the King is to protect them to the utmost of his power And hitherto by the assistance of God he hath done it and my trusâ— is in Jesus Christ that he will strengthen our good King to live and dye in this pious and Princely resolution 8. This Oath is to the Clergie the King then must have an eye upon them and their intention who so humbly begge his protection and to whom he makes this oath Expectationem enim eorum quibus juratur quisquis decipit non potest esse non perjurus For he that deceives their expectation to whom he swears cannot but be perjured This S. Austin proves at large in the preceding Epistle wherein he wonders that any man should be of such an opinion as to conceive that a man might incur certain perjurie to avoid uncertain danger losse or death It is a rule therfore in the Canon Law Quacunque arte verborum
the Oath was to protect all his subjects in their severall places dignities add degrees and not to suffer them to oppresse or devoure one another to see justice done for them and upon them according to the Laws established and not to yeeld to any Law that may be distructive to the rights or liberties of any of his subjects 11. The intention of the Oath is to maintain the ancient legall and just rights of the Church and to preserve unto the Bishops due law and justice We desire no more and no man may with reason deny this to be the intention of the Oath The The words are plaine Sir will you grant and keep and by your Oath confirme the Laws Customs and Franchizes granted to the Clergie by the glorious King S. Edward your Predecessor c. And again Our Lord and King we beseech you to pardon and grant and preserve unto us and to the Churches committed to your charge all Canonicall priviledges and due Law and Justice All this the King hath sworne to performe and hath acknowledged that by right he ought to do it And would you have him to be forsworne and to neglect that which by right he ought to make good Surely you would make an excellent ghostly father for the man of sin 12. Neither is this the peculiar opinion of us Church-men onely that great Oracle of the Law resolves that The King is bound to maintain and defend the rights and inheritance of the Church And he gives two reasons for it first because the Church is alwaies in her minoritie it is under age Seconly she is in Wardship to our Lord the King And then he addes Nec est juri consonum quod infra aetatem existentes PER NEGLIGENTIAM CUSTODUM SVORUM exhaeredationem patiantur seu ab actione repellantur Neither is it consonant to the Law nor yet to conscience that those who are under age should either be spoiled of their inheritance or barred from action at Law THROUGH THE NEGLIGENCE OF THEIR GUARDIANS Especially Kings being by divine Ordinance made Guardians and nursing fathers to the Church Es 49. 23. 13. You see we have divine and humane Law for what we say we claime no priviledges long since by Act of Parliament abolisht We desire not his Majestie to contradict but to ratifie bis Oath and to maintain those Laws he found in force But as for you all your endeavour is to perswade the Laity that our weale is their woe and that the upholding of the Clergie in their due and ancient state would be certain ruine to the Commons As if our Priviledges were like Pharaohs lean kine ready to devoure the fat of the Laity as if our aime were to reduce Antichristian usurpation to subvert the ancient Laws Whereas every man may readily discern that these are but pretences The true end aimed at in these invectives and incentives is that the caninus appetitus the wilde ravenous stomachs of M. Geree and his fellow Presbyterians may be satisfied But at seven yeers end they will be as lank and hungrie as Pharaohs famished kine It was so with King Henry VIII and it will be so with all that tread in his steps 14. It s apparent then to make the intention of that Oath to be false and fallacious and under pretence that it may not be against legall alteration so to wrest it that it may be to the ruine of a great body of his subjects and those not the worst that it shall be against all Law and conscience for f that Law which is unjust is no Law That it shall be to the subversion of the true Religion and service of God to the distraction of his people and to the eternall dishonor of himself and the whole Kingdome makes his Oath in your sense utterly unlawfull And if unlawfull then is it not obligatory either in foro conscienciae or in foro justitiae either before God or any good man unlesse it be to do the contrary But if this Oath in the true and literall sense be not against legall alteration but against unjust oppression sacriledge and profanenesse manifest it is that it is both lawfull and obligatory and the King may not without violation of his Oath and certain danger of the pure and undefiled Religion passe a Bill for the abolition of Episcopacy what ever His Houses of Parliament think or Petition or presse never so violently 15. But your opinion is that the King may passe a Bill for the abolition of Episcopacy And what I thinke or what the King thinks it is no matter if His Houses of Parliament think it convenient he may do it It is wonder you had not said he must do it Indeed you say that which is equivalent for are not these your words He cannot now deny consent to their abolition without sin And if the King without sin cannot deny it then must he assent unto it Thus by your words it seemes he is at their disposing not they at his Indeed if a man may beleeve you the power is in the Houses and not in the King For do not you say that the Peers and Commons in Parliament have power with the consent of the King to alter whatsoever c. And againe There 's no question of POWER IN THE PARLIAMENT to over-rule it The power it seemes is in them consent onely in the King And here The King may passe a Bill when His Houses think it convenient Well he may and he may choose he may consent or dissent Cujus enim est consentire ejus est dissentire And so long we are well enough For the Kings Negative in Parliament is a full testimony of his Supreme power Hence is it that the Houses Petition for his consent which they need not do if the power were in the Houses Besides His Houses the Kings Houses you call them and so they are This also manifests that they are at his disposing and not He at theirs They must therfore wait his pleasure til he thinks it convenient His consent they may Petition for enforce they ought not since they are his subjects enforce it they cannot since he hath power over his own will And whatever you suppose it is in his power to consent or dissent when he sees it convenient and consequently to keep or not to keep his Oath His affirmative makes it a Law his negative denys it to be a Law For The King is the onely Judge whether the Bills agreed upon and presented be for the publick good or no And to take away the Kings negative voice is contrary to your Covenant it diminisheth the Kings just power and greatnesse and cuts off all Regall power Witnesse the Declaration of the Kingdome of Scotland p. 18. CHAP. X. Whether it be lawfull for the King to abrogate the Rights of the Clergie 1. THe question proposed is concerning Episcopacy but now you are fallen to the
the Nobility and Clergie and a multitude of his leige people And shall not all these oblige him so much the more to be tender of this Oath Zanchius tels us that it is a more grievous sin to offend against a publick solemne oath then against one made in private What may we then think of an oath taken with such high Solemnity 8. This Oath was voluntarily freely taken without compulsion or perswasion so no excuse that way Indeed it was taken in truth in judgement and in righteousnesse In truth his sacred Majesty resolving truly to keep it In Judgement judiciously upon mature deliberation and in righteousnesse intending that every branch of this Oath should be justly and righteously observed in all his Courts of Justice How then can he infringe this Oath 9. He made this promissâ—ry Oath to a great body of this His Kingdome the whole Clergie of this Land and those not the meanest of his Subjects And not onely so but to holy Church his mother and to God the Father of us all How can he then disclaime this Oath which so obligeth his conscience before God that â—ad he bound himself by such a tye to high-way robbers or to his professed â—nemies he had been bound by the Law both of Nations and Christianity strictly to haue observed it without fraud or coven Talke not of a dispensation Nor life nor death nor principalities nor powers whether civill or spirituall can possibly discharge him of this oath no more then they can me of my oath of Allegiance And yet it is a point of your Religion to perswade to perjurie as if it would ease your consciences to have millions concurre with you in the same perfidiousnesse and end 10. Is perjurie a sin or no sin If it be a sin and an heinous sin how then can I commit this great wickednesse and sin against God Is it no sin If you be of that mind speake out shew your self in your true colours What Religion are you of I know not well little use hath your conscience made of Religion in this case Your eye is wholly upon the Parliament and the present necessity those members have wrought our good King and this whole Nation Necessity hath so far prevailed with you as rather to be forsworne then to forgo your present maintenance But our most gracious Soveraigne whom God ever blesse hath wholly fixed his heart upon God and his Word wherein we are charged not to sweare falsely by the name of the Lord no nor to forsweare our selves but to performe our oaths unto the Lord. Marke though the oath be made to the servant it must be performed unto the Lord because the caution is given to the servant in the Lords behalfe yea upon the Lords credit for by his name and upon his book we sweare to do it And if we do it not the Lord will not hold us guiltlesse Minus dicitur plus intelligitur by this one word much may be understood For the Lord will come against us in Judgement and call us to an account for our oaths Oaths therefore must be avoided lest we fall into condemnation For perjurie is a foule a dangerous a damnable sin Odious it is to God because it defiles his most holy name For this very sinne the land mournes I beseech God it become not disolate Sure I am a curse will enter into his house that sweareth falsely it will settle there till it have consumed the timber and stones thereof Or as the wise man hath it his house shall be full of calamities and the plague shall never depart from it Let Zedekiah be our evidence He took the Oath of Allegiance to Nebuchadnezzar but slighted it and rebelled against that his Soveraign Lord who had so highly honoured him and trusted him with a Kingdom But what became of him The Caldees came besieged Jerusalem conquer'd it took Zedekiah prisoner and slew his sons before his eyes This done they put out his eyes and in fetters carried him captive to Babylon Here was an end of the Kings of that Land descended from the Tribe of Judah Are not here the timber and stones of his house his strong men and the sons of his loins utterly consumed 11. Think not to excuse your selves or any other by some later Covenant this will not serve the turn Was the first sworn in truth and judgement and righteousnesse or was it not Doth it truly and justly agree with the Word of God at least not contradict it If so thou art bound in justice to observe it lest judgement fall upon thee For this is a true rule if Zanchius mis-guide us not Posteriores promissiones etiam juramento firmatae nihil de prioribus detrahere aut imminuere possunt Later aths cannot possibly make the former of no or lesse validitie Why then do you perswade the King to break his oath He that enticeth a man to perjurie under pretence of pietie and Religion what doth he else but affirm that some perjuries are lawfull Which is as much to say as some sins are lawfull Which is naught else but to conclude that some things are just which are unjust I appeal to men of understanding whether this proposition savours of pietie or discretion Think not then to ensnare prudent and conscientious men with such frivolous and senslesse pretences which favour strongly of absurditie if not of Atheisme CHAP. VIII Whether the King may desert Episcopacy without perjury 1. GIve me leave to passe over a few pages and to take that into consideration which follows next in reason though not according to your method We are now fallen upon a strange question too high to be proposed by any Subject But you have enforced me to make that a question which is harsh to loyall ears lest I may seem to avoid your subtill and sawcie cavils as unanswerable For do not you say that your second Antâ—gonist plainly â—ffiâ—ms that the King cannot desert Episcopacy without flat perjury His words are far more mannerly but I am bound to trace your steps and shall with Gods assistance manifest that His Majestie without violation to his Oath and to Religion may not desert Episcopacy and leave it naked to the subtill fox or the mercilesse swine 2. First according to your own confession his sacred Majestie hath sworn to almighty God in his holy place before a solemn Assembly to protect the Bishops and their priviledges to his power as every GOOD KING in his Kingdom IN RIGHT OUGHT to protect and defend the Bishops and Churches under their Government 1. Good Kings protect Bishops and good they are in doing so there is no evill then in protecting Bishops 2. They ought to do it it is therefore their duty and to fail of this their duty when they may choose is sin 3. In right they ought to do it they do wrong therefore if they do it not
hath often protested before God and the world that the Rights and Liberties of Subjects they do and will defend with their lives and fortunes Why then are our Rights and Liberties so strook at and exposed to contempt and sale Are we no subjects Surely we were borne so How then did we forfeit our birth-right By taking Orders Then is it better to be Mr. Gerees groom then himself And it may be this is the reason why so many step up into the Pulpit without Orders lest perchance they lose their birth-right 21. It may be you will say that we were not born Priests or Clergie-men You say right neither is any man born a Lawyer a Goldsmith or a Draper And yet when any of our brethren undertake these professions they enjoy the Rights and Liberties they were born to with some additions And why not we And yet we poore Clergie-men are the onely free-born Subjects that are out-lawed as it were and cast forth as dung upon the face of the earth Surely it is better to be a Parliamentarians foot-boy then a Steward of the mysteries of Christ And yet such we are Little do these men consider that all Subjects are born alike capable of these Rights if so they be fit to take Orders The wrong therefore is done alike to all free-born Subjects perchance to Mr. Speakers grandchild Since then the Kings Oath as you confesse is against acting or suffering a tyrannous invasion on Laws and Rights it must necessarily follow that as he may not act so he may not suffer any such tyranny to be used Hitherto he hath withstood these temptations and God I hope will ever deliver him from them and from the hands of his enemies Even so Amen Lord Jesu CHAP. XI Whether the Clergie and Laitie be two distinct Bodies or one Body Politick That Church-men in all ages had some singular priviledges allowed them 1. THat with some colour you may perswade the people that it is lawfull not onely to clip the wings but to pick the carkasse and to grate the very bones of the Clergie you tell them that this Oath was so framed when the Clergie of England was a distinct Society or Corporation from the people of England When was this Oath I beseech you framed You should have done well to have pointed out the time and not tell us that this distinction is a branch of Popery But this is the fashion of such as you are when you intend to disgrace alter or destroy any thing that concerns the Church then presently 't is Popery Thus you cast a mist before the peoples eyes that loath Popery and yet know not what Popery is 2. But this His Majesties Oath is grounded upon the Word of God who hath made promise to his Church spread among the Gentiles that Kings shall be her nursing fathers and Queens her nursing mothers When therefore Christian Kings are inthroned they take a most solemn Oath not onely to administer true justice to the people but that they will also maintain the Rights and priviledges of the Church and Clergie as by right they ought to do The reason is because there are so many envious mischievous eyes upon the Church because the Edomites and Ishmaelites the Moabites and Hagarens have cast their heads together with one consent and conspired to take her houses and lands into possession Gods Word prevails with few the Kings sword therefore must stand between the Church and such sacrilegious spirits 3. If they fail in this duty then will the Lord enter into judgement with the Ancients of the people and the Princes thereof What for this cause Yes for this very cause For ye have eaten up the vineyard the spoil of the poore is in your houses Is this any thing to the Church Yes marrie is it the Geneva Note tels you so Meaning saith the Note that the Rulers and Governors had DESTROYED HIS CHURCH and not preserved it ACCORDING TO THEIR DUTY Those who are guilty of this mischief let them beware His Majesties comfort is that he hath withstood these impious designes according to his duty For whosoever shall gather himself IN THEE AGAINST THEE shall fall Meaning the DOMESTICALL ENEMIES OF THE CHURCH as are the HYPOCRITES Dear brother take heed to your feet and remember that it is a dreadfull thing to FALL into the hands of the everliving God But view we your reason 4. The Clergie and Laitie say you were distinct bodies but this distinction is taken away and Laity and Clergie are now one body Politick One body Politick Are we so Whence is it then that the Bishops are thrust out of the House of Peers and that none of us may vote or sit in the House of Commons Are we of the same body and yet have no priviledges with the body In at subjection out at immunities In at taxes out at privileges This is one of those even Ordinances which your blessed Covenant hath hatched Of the same body we are under the same power subject to the same Laws and yet not capable of the same privileges Is this equalitie Scoggins doal right some all and some never a whit 5. Neither do we say that we are a severall or distinct body but we are a severall state or Corporation in the same body One body but severall members in and of the same body In Ecclesiasticall persons of this Kingdom are commonly three qualities or conditions one is naturall the other two are accidentall 1. Englishmen and denisons of this kingdom we are by birth 2. Vniversitie men by matriculation and education and 3. Clergie men by Ordination By the first we have an interest in the privileges of the kingdom By the second we have an interest in the immunities of the Universitie By the third we have an interest in the Rights of the Church The later privileges do not annihilate that right or claim which we have by birth Neither cease we to be the Kings Subjects because Clergie men In taking Orders we put not off Allegeance we rather confirm and inlarge it For a shame it is for us to teach others what we do not our selves And our duty it is to put every man in minde to be subject to principalities and powers and to obey Magistrates 6. That there are severall relations in us of the Clergie and that we have severall privileges by these relations will appear evidently in S. Paul who was an Israelite by blood a Roman by freedom but an Apostle by Ordination By his Orders he lost none of his former privileges but acquired new whereto he had no right as Israelite or Romane Yet as occasion serves he stands upon his privileges as a Romane and both the Centurion and the Commander in chief were afraid to offend against that law or privilege But we with blâ—shlesse foreheads trample upon Gods Laws and the privileges of his nearest servants
tenths which Lay Impropriators are seldome charged with To the King we grant and pay subsidies after an higher rate then any of the Laity by many degrees Where then are the two Supremacies which we erect 12. 'T is true indeed that For deciding of controversies and for distribution of Justice within this Realm there be TWO DISTINCT JURISDICTIONS the one ECCLESIASTICALL limited to certain spirituall and particular cases The Court wherin these causes are handled is called Forum Ecclesiasticum the Ecclesiasticall Court The other is SECULAR and generall for that it is guided by the Common and generall Law of the Realme Now this is a maxime affirmed by the Master of the Law that The Law doth appoint every thing to be done by those unto whose office it properly appertaineth But unto the Ecclesiasticall Court diverse causes are committed jure Apostolico by the Apostolicall Law Such are those that are commended by S. Paul to Timothy the Bishop of the Ephesians and to Titus the Bishop of the Cretians First to receive an accusation against a Presbyter and the manner how 2ly to rebuke him if occasion require 3ly If any Presbyter preach unsound doctrine the Bishop is to withdraw himself from him that is to excommunicate him 4ly In the same manner he is to use blasphemers disobedient and unholy persons false accusers trucebreakers Traitors and the like 5ly The Bishop is to reject that is to excommunicate all Hereticks after the first and second admonition 13. These things the Ordinary or Bishop ought to do De droit of Right as Sir Edward Coke speaks that is to say he ought to do it by the Ecclesiasticall Law IN THE RIGHT OF HIS OFFICE These censures belong not to secular Courts they are derived from our Saviours Preistly power aud may not be denounced by any that is not a Preist at least And a Maxime it is of the Common Law saith that famous Lawyer that where the right is spirituall and the remedy therefore ONELY BY THE ECCLESIASTICALL LAW the câ—nusans thereof doth appertain to the Ecclesiasticall Court But A BIHOP is regularly THE KINGS IMMEDIATE OFFICER to the Kings Court of Justice in causes Ecclesiasticall Therefore not a company of Presbyters no rule for that And this is it that wrings and vexes you so sorely For your a me is to share the Bishops Lands and Jurisdiction among you of the Presbyteriall faction This your vast covetousnesse ambition have of late cost the Church full deere and have been a maine cause of these divisions and combustions By these means you have made a forcible entrie upon Nabaoths Vineyard It were well Ahab and Jezabel would beware in time However wise men consider that every one that steps up to the Bar is not fit to be a Judge nor every one that layes about him in the Pulpit meet to be a Bishop 14. Besides in those Epistles this power is committed to single Governors to Timothy alone and to Titus alone But Timothy and Titus were Bishops strictly and properly so called that is they were of an higher order then Presbyters even of the same with the Apostles Hence is that of S. Cyprian Ecclesia super EPISCOPOS constituitur omnis actus Ecclesiae PER EOSDEM PRAEPOSITOS gubernatur The Church is settled upon BISHOPS and every Act of the Church is ruled BY THE SAME GOVERNORS By Bishops not by Presbyters Now the word of God is norma sui obliqui the rule whereby we must be regulated from which if we depart we fall foule or runne awry Since then the Church is settled upon Bishops it is not safe for any King or State to displace them lest they unsettle themselves and their posterity They that have endeavoured to set the Church upon Presbyters have incurred such dangers as they wot not of For if we beleive S. Cyprian they offend God they are unmindfull of the Gospel they affront the perpetuall practise of the Church they neglect the judgment to come and endanger the souls of their brethren whom Christ dyed for Neither is this the opinion of S. Cyprian onely Ignatius speaks as much 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 As many as are Christs cleave fast to the Bishop But these that forsake him and hold communion 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with the accursed shall be cut off with them This is Ignatius genuine resolution attested by Vedelâ—us from Geneva and if true a most dreadfull sentence for those that endeavour the extirpation of Episcopacy 15. As for the Priviledges of the Clergie which you are so earnest to ruinate I shall manifest that they have footing in the Law of Nature in the Law of Moses and in the Gospel In the Law of Nature Abraham give tithes to the Preist of the most high God The Preists in Egypt had lands belonging to them as also portions of the Kings free bountie And the same Law of Nature taught Pharoah and Joseph not to alienate either the Preists lands or other their maintenance in time of extremest famine By the light of Nature Aâ—taxerxes King of Perfia decreed that it should not be lawfull for any man to lay toll tribute or custome upon any Preist Levite Singer Porter or other Minister of the house of God And King Alexander sonne of Antiochus Epiphanes made Jonathan the High Preist a Duke and Governor of a Province He commanded him also to be clothed in purple and caused him to sit by or with his own Royall Person He sent also to the same High Preist a Buckle or collar of Gold to weare even such as were in use with the Princes of the blood And by Proclamation he commanded that no man should molest the High Preist or prefer complaint against him And can it be denied that Melchisedec Preist of the most high God was King of Salem and made so by God himself 16. In the Law the Lord made Aaron more honourable and gave him an heritage He divided unto him the first fruits of the increase and to him especially he appointed bread in abundance For him he ordained glorious and beautifull garments He beautified Aaron with comely ornaments and clothed him with a robe of glory Upon his head he set a miter and a crown of pure gold upon the miter wherein was ingraved Holinesse And this if I mistake not is that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which Philo tels us was set upon the Preists head and is the cheife ornament of the Eastern Kings The reason he gives for it is this because while the Preist is discharging his dutie he is more eminent then any person whatsoever even then Kings But I rather conceive it was because at that time he represented or prefigured the Royall Preisthood of our Saviour 17. For the Gospel we have prophecies in what state and honor
provided for Shall she not in their absence be layed open to the subtill foxes and mercilesse bores to wast and distroy her Yea by this means she is already distroyed So pious Justice Jenkins The incongruitie then is not to the Bishops calling but to the covetousnesse of bores and foxes 13. Another incongruity will follow upon this The whole Parliament is one corporate body consisting of the HEAD AND THE THREE ESTATES If one of the Estates be wanting it cannot be called a whole but an imperfect a maimed Parliament But the Bishops are one of the three Estates Suppose them to be the more feeble and lesse honourable Estate or Member yet this very Member is necessary and the body is but lame without it Take heed then that the excluding of Bishops be not incongruous to the Parliament I see not how it can be incongruous to the Prelates to suffer wrong since for this purpose they are called But it is incongruous to the Parliament to be without them since without them it is not a whole but an imperfect Parliament For I have read that Bishops were in all Parliaments and voted in them since we had any Yea that great Master of the Law justifies that every Bishop ought ex debito justiciae of due justice to be summoned by Writ to every Parliament that is holden But if they leave out the Bishops they begin with injustice and lay but an ill foundation for so great a Court of Justice And where injustice beares the sway there is little Justice to be hoped for So they are incongruous in the first stone or foundation of a Parliament 14. There is a Statute that no Act of Parliament be passed by any Soveraign of this Realm or any other authority what soever without the advice assent of the three Estates of the Kingdome viz. of the 1 Lords spirituall 2 temporall the 3 Commons of this Realme And all those are solemnly cursed by the whole Parliament that shall at any time endeavour to alter this Act or to make any Statute otherwise then by the consent of all these or the Major part of them This as the learned in the Law report is upon record in the Parliament Roles 15. And what comfort I beseech you can his Majestie have to call a Parliament without Bishops since he cannot assure himself of Gods assistance without them Cenwalch King of the West-Saxons was sensible that his Province was destitute of Gods protection while it was without a Bishop Indeed a good Bishop is with Gregory Metropolitan of Cesarea not onely the beautie of the Church and a fortresse to his flock but he is the safety of his Country It was the religious conceit of our country men heretofore that both King and Kingdome have by the Church a solid â— sure foundation for their subsistence And it was the usuall saying of King Iames No Bishop no King In Scripture the Preists are called the Charets and horsemen of Israel because by their prayers the Country prospered more then by force of armes And the Greek Fathers observe that the Bishop is therefore to pray for all because he is the Common Father of all be they good or bad 16. And as he can have little spirituall comfort without Bishops so without them he can have no temporall releife no Subsidies granted for his own supplies or for the defence of the Kingdome I am sure none have been granted him at Westminster since the expulsion of the Bishops Thus have you moulded up such a Parliament as was never known in this Realme since these great Councels of State were first assembled For though the Bishops were by his Majestie summoned according to justice yet were they afterwards turned out at the instigation of a strong tumultuous faction not suffered to vote in matters that concerned either Church or State Thus ye are become like the Princes of Judah that remove the bounds That is as the Genevians interpret ye have turned upside down all politicall order and all manner of Religion Therefore upon those that have done so the Lord will powre out his wrath like water which will surely overwhelm them as it did those desperate sinners in the deluge Thus I have manifested that it is not incongruous to the calling of Bishops to sit and vote in Parliament but to exclude them is incongruous to the being of a Parliament to the weale of the King and safety of the Kingdom 17. And yet as if what-you had delivered were ex tripode as sure as Gospel from barring their votes you deduce an argument for taking away their Jurisdiction Ecclesiasticall If one be abolished why may not the other be removed As if because my cassocke is taken from me I must necessarily be stripped out of my gowne 'T is true if this be also done I must bear it patiently but my patience doth not justifie their action that do me the injurie Neither doth the former fact justifie the latter truly no more then Davids follie with Bathsheba can countenance the murder of Vriah The question is not de factâ— but de jure not what is done but whether it be justly done If the fact may justifie a right then may we maintaine robbing upon Salisbury Plain because it hath been done there more then once A wonder it is you had not framed your argument thus who knows not that the Parliament caused the Arch Bishop of Canterbury to be beheaded And then why may they not hang the rest of the Bishops if their lives prove inconvenient and prejudiciall to the Church But with Julian the Apostata ye had rather slay the Preisthood then the Preists 17. Indeed the removall of their Ecclesiasticall Jurisdiction is no more against the Oath then the abolition of their Votes Both alike in respect of the Oath but if we consider the severall authorities from whence they are derived we shall find a difference because the most part of their Jurisdiction is the grant of God but their Voting among the Peers is by the favour of Princes grounded upon the right of Nature and that civill interest which every free denizon ought to have in some measure in disposing of his own and assenting to new Laws But suppose Princes may revoke their own favours can they without perill to their soules cut off that entaile which God hath settled upon his Church I beleeve no. But you will onely remove it not abolish it And removed it may be from Dorchester to Lincolne from Crediton to Exiter But the removall of Ecclesiasticall Jurisdiction from Bishops to Presbyters is utterly unlawfull since without sinne we may not alter the Ordinance of God who settled this Jurisdiction upon Bishops onely and not upon Presbyters as is demonstrated in the next Chapter CHAP. XIII Certaine light and scandalous passages concerning Prince and Preist tenderly touched 1. THere 's a great cry
in the fourth page against the Jurisdiction of Bishops â— inconvenient and prejudiciall to the Church against unlawfull immunities Anti-Evangelicall Pompe combersome greatnesse and Forfeiture by abuse All these are cryed out upon but none of them proved I shall therefore passe these by as a distempered foame or pulpit froath Yet thus much I must say that the Immunities of the Clergie are held by Law or not If by Law then are they not unlawfull but legall If legall it is presumption in you to call them unlawfull If unlawfull shew against what Law We take not your word to be so authenticke as if we were bound to beleeve what ever you say 2. Somthing answerable to this it is that you tel us when this Oath was framed the Church was indued with the ignorance of the times But when was that time For that we may go seek for you relate it not If you had perchance we might have shewed you as wise and as learned men in those times as Westminster affords at this day 3. And yet upon these imaginations you conclude that the Kings Oath is invalid and not onely so but that it is vinculum iniquitatis the bond of iniquitie The respects you relie upon are onely these First that Prelacy is an usurpation contrary to Christs institution 2ly that the Clergie â—e of themselves a distinct Province is a branch of Popery 3ly that Bishops sitting and voting in the House of Peers is abolisht as incongruous to their calling 4ly that the Church was endowed with diverse unlawful immunities And last of all that when this Oath was framed the Church was indewed with the ignorance of the times The foure former have been pretily well sifâ—ed and a non liquet is returned I find them not proved When you make good the last I shall with Gods blessing return you an answer 4. In the mean space I cannot but tell you that you have willfully dangerously scandalized diverse Princes or blessed memorie and charged them almost as deeply as S. Peter did Simon Magus with the bond of iniquitie A binding in intangling sinne Surely those Princes if you may be credited tooke this Coronation Oath either ignorantly oâ— maliciously If ignorantly they are simple or carelesse If maliciously they were neither good Kings nor good Christians But light forsooth hath shined forth since those mistie daies I fear this late light is but a false light for it was never spyed by any that were not condemned Hereticks till now of late 5. Well thinke men what they please you have lately discovered that the Jurisdiction which was inconvenient and prejudiciall in the Bishops will prove very convenient and commodious for the Church in preaching Presbyters Those immunities that were unlawfull in them will be lawfull in you That pompe which was Anti-evangelicall and carnall in them must needs be spirituall and throughly sanctified to such Evangelists as yourself That combersome greatnesse will but fit your shoulders and those great promotions will not at all be unwildy to Presbyteriall Saul which did comber Bishop David And those priviledges which were disadvantagious to the Church and hindred the growth of religion while they were in Episcopall hands will in a Classicall Assembly turn to the advantage of the Church and further her edification If this be not your meaning let the world judge For these are your words And why may not the great revenues of the Bishops with their sole Jurisdiction in so large a circuit be indicted and convict to be against the edification of the Church and it be found more for the glory of God that both THE REVENUE BE DIVIDED to maintain a preaching Ministery and THEIR JURISDICTION also for the better oversight and censure of manners You have indicted them indeed and their revenues as if under the Bishops there were no preaching Ministery no censure of manners as if under them there were nothing to the edification of the Church or the glory of God Wheras it is well known that whilest the Bishops enjoyed their Jurisdiction other manner of Sermons were preached then have been ever since 6. You have already vaunted that the Bishops revenues and Jurisdiction are against the edification of the Church and I make no question but you will justifie that the abolishing of the three Creeds is much to the edification of Gods people And is not the silencing of the ten Commandments for the better oversight and censure of manners Thus you have also condemned that most excellent forme of Divine Service and vented multitudes of heresies and all for the glory of God But when these things come to try all we shall certainly see who will be convicted by that grand Jury that shall sit upon twelve thrones Judging the twelve tribes of Israel Not onely of Israel according to the flesh but of Israel also according to faith 7. But why are you so suddenly fallen from an abolition to an alteration Before you professe That the abolition of the one is no more against the Oath then of the other There you would have the Bishops Jurisdiction abolisht with their Votes But here you will have the Jurisdiction divided their domination altered and all to maintain a preaching Ministery This you call the removall of their Ecclesiasticall Jurisdiction in the same page Aaron must lay down his Miter and holy garments that Korah may put them on And S. Paul must resigne his Apostolicall rod to Simon Magus to Alexander the Copper-smith and to the brethren in Qâ—irpo And why so Alas the Apostle-Bishops do not further but hinder the work of the Gospel They are superannited and decrepit away with them by all means and bring in the young lustie Presbyter-Bishops where strong holds are to be vanquisht These are the men will do the work or the Pulpit and Church shall ring for it This you call a good plea to ALTER the uselesse Anti-Evangelicall pomp Indeed ' â—is the best you have and make the best you can of it it will prove but an Anti-evangelicall and Antichristian plea if we trust Scripture 8. Yet that this may be done according to your designe you allow the King thus much power that he may notwithstanding his Oath consent to ALTER the Clergies immunities No Oath shall stand in the way so ye may gain by it What again fallen from the question From abrogation to alteration What if I should tell you that you have altered the state of the question That abrogation is the repealing the disanulling of a Law and not the changing of it But this is no error with you whose aim is to have Episcopacy abolisht that so the immunities and lands thereof may be transferred upon the Presbytery This is the alteration you gape after Yes you would so settled you would have them upon preaching Ministers and upon parochiall Pastors as if none were Preachers or Pastors but you of the Presbyteriall cut
forlorn man and yet in his good time he restored him to his Scepter in peace and subdued the people to him 7. And whereas you term them others privileges as if they concerned no man but the Clergie I dare boldly say they concern every man as he is a member of this Church and Realm If we have sown unto you spirituall things is it a great matter if we reap your carnall things And if we reap not your carnall things how shall we sowe unto you spirituall things This is worthy of consideration unlesse you have layed aside all care of the soul Have we some privileges that the Laity have not They are not ours alone they are every mans that enters into Orders And Orders are indifferently proposed to all of all families whatsoever so they be sufficiently qualified High and lowe noble and ignoble have reaped the benefit of these privileges I have known some of high birth in Orders and some of good rank that have taken Sanctuary under a Priests coat And we read of a young man of the tribe of Judah of the most remarkable family that was glad to turn Priest and to serve by the yeer for ten shekels of silver a double suit of apparell and his victuals If then our Calling suffer all families suffer in it and with it 8. But what if the Laws of the Land what if Magna Charta do oblige all men to stand up for the due observation of these privileges If so then must every man readily acknowledge that all good Subjects are bound to obey His Majestie when he commands that which the Law requires View we then the words of that Great and justly magnified Charter which are these Reserving to all Arch-bishops Bishops Earls Barons and all persons as well Spirituall as Temporall all their liberties and free customes which they have had in times past And all these customes and liberties aforesaid which we have granted to be holden within this our Realm as much as appertaineth to us and our Heirs we shall observe And ALL MEN of this our Realm as well SPIRITUALL AS TEMPORALL as much as in them is SHALL likewise OBSERVE THE SAME AGAINST ALL PERSONS Mark that are we not all both spirituall and temporall bound to maintain each others privileges as much as in us lies 9. I know you will return that Abbots and Priors are provided for by the same Law and yet they have since been taken away by Act of Parliament I confesse it but I shall desire you to observe in the first place how they prospered that were the contrivers and procurers of that Act. 2ly I cannot but take notice that you with your Master Beza call that dissoâ—ution detestandum sacrilegium detestable sacrilege and such as was cried out of all the Christian world over It is not therefore to be drawn into president 3ly consider I pray you that they who did so are stiled Enemies of our Soveraign Lord the King and his Realm 4ly that great Councell of Chalcedon consisting of above 600. Bishops resolves that no Monastery consecrated with the Bishops liking may be turned to a secular dwelling And those that suffer any such thing are lyable to the Canonicall censures 5ly you will I hope make a difference between our Saviours institution and mans invention Bishops are of our Saviours own institution but Abbots and Priors are titles and orders of mans invention And yet hospitalitie and alms and other works of charity for which these fraternities were erected failed much with them How those means were imployed I shall not enquire but I am certain that good and pious men have wished that the abuses had been pruned off and that the lands had been disposed of according to the Doners intentions This indeed had been pietie not sacrilege 10. How oft have the Kings of this Realm ingaged themselves to observe Magna Charta and to maintain the rights and liberties of the Church Are not these the words of the Statute We take the Prelates and Clergie with their possessions goods and chattels INTO OUR SPECIALL PROTECTION AND DEFENCE The Princes of this Land have bound themselves strictly to keep this Great Charter and have provided that if any other shall do or procure to be done any thing contrary to this Charter it is to be accounted void as soon as procured Take the words of the Charter We have granted unto them the Spirituall and Temporal persons of this Realm on the other part that neither we nor our Heirs shall procure or do any thing whereby the liberties in this Charter shall be infringed or broken But suppose they shall make any such grant through ignorance wilfulnesse or evill counsell shall it be of force The Law saith no. For it follows immediately And if any thing be procured BY ANY PERSON contrary to the premisses it shall be holden OF NO FORCE NE EFFECT You and your great contrivers what have ye laboured for all this while What have ye fought for what have ye shed so much blood for For wind nothing but wind For all the Westminster Orders and Ordinances contrary to this Charter shall be holden of no force ne effect You had best then keepe your paper for a more necessary use 11. And yet you tell his Majestie that it is not equall to ingage the lives of some to uphold the honour of others Is it equall then I beseech you to ingage the lives of some to destroy the honour and estate of others All this while you have been on the destructive part all for rooting up what the Lords right hand hath planted and for alienating the Lords inheritance And that ye might effect what ye have subtilly projected ye have ingaged the lives of many who were very unwilling to uphold the honour of some at Westminster that had overlashed ran themselves upon dreadfull rocks I would to God the Commons of this Kingdome would lay it to heart how cruell ye have been to many thousands to be indulgent to a few to uphold the honour of a few Consider how many thousands in England and Ireland have been plundered sequestred imprisoned maimed and murdered because they would not submit to the illegall unjust and irreligious decrees of the men at Westminster A compleat Mercurius Rusticus will make after ages stand amazed and their hearts bleed within them to consider that such a Nation as this so blessed with peace and plentie should be so miserably deluded as to undoe themselves willfully and sheath their swords into one anothers bowels to save a Lord and five Members from tryall by Law 12. That you may perswade us some way or other that the King ought to give up the Bishops and their lands since he hath hitherto protected them to the utmost of his power you argue by supposition Suppose say you a King put a Commander into a City and give him an Oath to maintaine the priviledges of it and
Master GEREE'S CASE of CONSCIENCE SIFTED Wherein is enquired VVhether the KING considering His Oath at Coronation to protect the Clergy and their Priviledges can with a safe Conscience consent to the Abrogation of EPISCOPACY AUG de Trin. l. 4. c. 6. Contra rationem nemo sobrius contra Scripturas nemo Christianus contra Ecclesiam nemo pacificus senserit CYPR. Ep. 27 Dominus noster cujus praecepta metuere observare debemus Episcopi honorem Ecclesiae suae rationem disposuit Dr. CORN BURGES Fire of the Sanctuary p. 68. Men now count it an high piece of zeal to direct their Directors and like Clock-makers to take the Church all in pieces at their pleasure By EDWARD BOUGHEN D. D. LONDON Printed in the yeare 1650. TO THE MOST EXCELLENT AND PIOUS PRINCE CHARLES KING of England Scotland France and Ireland Defender of the Faith and Guardian of the Church SIR IT may seem strange to some but my hope is not to Your Majesty that I make this Dedication at this time to Your sacred Person The matter of this Treatise is in Your behalf it justifies Your solemn Oath at Coronation the just necessitie of this Oath as also Your Crown and dignity and the goodliest Floure in that Crown Supremacy To whose hands then should I chiefly present it but to Yours The times affright me not from my faith and duty I remember well that during the Ecclipse of heaven and the King of heaven there was one that durst acknowledge our Saviours Kingdom and in the full assurance of his title preferr'd his petition to him as a King And shall I be ashamed to do the like I know You are my onely Soveraign here on earth I know You represent my Saviour in his kingly office though Your Crown be wreathed with thorns With all humility therefore I present this acknowledgement of my most loyall affections which are due to Your sacred Majestie from Your poore but most faithfull Subject Edward Boughen To the intelligent READER I Was intreated by a very good Friend to take Mr. Gerees Case of Conscience into consideration and to bestow some pains in disclosing the weaknesse and foulnesse of his arguing Truly I was willing to undeceive my seduced Countreymen and yee ded to his request The Treatise I finde to be small but dangerous It aims at the ruine both of Church and Kingdom It perswades the King that his Oath as Coronation is a wicked Oath and that he ought to break it And then wo be to his Soul and the Kingdoms safety Yea he affirms it to be Vinculum iniquitatis the bond of iniquitie Thus he hath knit up out most gracious Soveraign with all His religious Predecessors in the bundle of iniquity No sooner read I this but b my heart was hot within me and while I was musing upon this and the like blasphemies the fiâ—e was kindled within me and at the last I spake with my tongue Why should this Shimei blaspheme my Lord the King and slander the footsteps of those anointed of the Lord that have so long slept in peace Because he hath done this wickednesse the Lord shall return it upon his owne paâ—e And King Charles shall eblessed and his throne shall be established before the Lord for ever Consult I pray you with Dr. Cornelius Burges a feirce Assembly man and of great authority among them and he will tell you that God is tender not onely of the safety but also of the honour of HIS ANOINTED In so much that he hath made a law to all not to revile the Gods nor curse the Ruler of the people Which Law saith he not onely prohâ—biteth imprecations and seditious railings which are an HELLISH IMPIETY though it be but in word onely â—e the Prince never so impious but even all rude bitter and unseemly speeches And Mr. Nathaniel Ward in his Sermon upon Ezech. 19. 14. preached before the Commons June 30. 1647. affirmes that besides the male administrations of Government by Magistrates themselves there is no readier way to prostiâ—ute it then to suffer vile men to BLASPHEME AND SPIT IN THE FACE OF AUTHORITY All this Master Geree hath done most undeservedly If then I shall cleare the Kings Oath from these foule imputations I shall prove Mr. Geree to be involved in the bond of iniquity And he that is so his heart is not right in the sight of God he is in the very gall of bitternesse Just in Simon Magus case I shall therefore take up S. Peters words and advise him to Repent of this his wickednesse to pray God if perhaps the thought of his heart may be forgiven him If you conceivâ—â— I have ventered upon some questions not so fit to be handled without my Profession I beseech you take notice that this Minister hath led me into these undesired and unpleasant pathes He that undertakes to answer a book is bound to confute all but what he approves Silence in such passages speaks consent Good Reader let true reason Scripture and authority guide thee and then thou shalt be sure to judge impartially Take notice that J G. stands for Mr. John Gerees Case of Conscience I D. for Jus Divinum regiminis Ecclesiastici Sir Robert Cotton for his Treatise that the Soveraignes person is required in the great Councels or Assemblies of the State His Majesties Oath published by Himself in an Answer to the Lords and Commons in Parliament 26. May. 1642. SIR will you grant and keep and by your Oath confirm to the people of England the Laws and Customs to them granted by the Kings of England you Lawfull and Religious Predecessors and namely the Laws and Customs and Franchises granted to the Clergie by the glorious King S. Edward your Predecessor according to the Laws of God the true profession of the Gospel established in this Kingdom and agreeable to the Prerogative of the Kings thereof and the ancient Customs of this Realme Rex I grant and promise to keep them Episcopus Sir will you keep Peace and godly agreement entirely according to your power both to God and the Holy Church the Clergie and the people Rex I will keep it Episcopus Sir will you to your power cause Law Justice and Discretion in mercie and truth to be executed in all your Judgments Rex I will Episcopus Will you grant to hold and keep the Laws and rightfull Customs which the Commonaltie of this your Kingdom have and will you defend and uphold them to the honour of God so much as in you lieth Rex I grant and promise so to do Then one of the Bishops reads this Admonition to the King before the people with a loud voice OUR Lord and King We beseech you to pardon grant and to preserve unto us and to the Churches committed to our charge all Canonicall Priviledges and due Law and Justice and that you would protect and defend us as every
injoyned him to denounce Both Regall and Priestly power are the gift of God they cannot therefore but be good But the abuse of this power to other ends then God gave it is the viciousnesse of man and therefore bad Solomon made just use of this power when he despoiled Abiathar the High Priest not onely of his priviledges but also of his office and of all that belonged to his office The reason is because Abiathar for his treason deserved this and an heavier doom And I presume it was no usurpation in St. Paul when he delivered Hymeneus unto Satan that he might learn not to blaspheme nor yet when he anathematized and accursed those Preachers that taught otherwise then they had received If then our Bishops have made use of this power in silencing or depriving hereticall schismaticall or seditious Preachers they have done no more then they ought to do This therefore is no usurpation but a just use of that power which with their Orders was conferr'd upon them for this end and purpose 7. I have done with your Major now to your Minor But this Prelacy did as it stood in England What did it why it despoiled Christs â—fficers the good Presbyters that preached up the Scottish discipline and doctrine of their priviledges indulged and duty injâ—yned them by the Word of God If they deserved this censure it was no despoiling but a just deprivation If they deserved it not let it be proved I am sure Courts and Committees have been long enough open to receive large informations and easie proofs against them And I am as sure that our Saviour never indulged any such priviledge to his Apostles or any other of his â—fficers as to vent heresie schisme or sedition If any Bishâ—p be faultie I plead not for him I justifie Episcopacy not the Bishop Judas was bad cut his Episcopacy good Judas offended but not his office Judas was cut off not his Episcopacy the office is continued and a good man must be put into it So St. Peter And let another take HIS BISHOPPRICK So the Spirit of Prophecie Prelacy therefore is not in fault but the Prelate And it is as false a speech to say Prelacy despoils any as to say Judicature wrongs any Since we know that Judicature is blamelesse when the Judge is criminous And as improper a speech it is to say that a man is despoiled of his duty I may be forbidden my duty but not spoiled of it because I am bound to discharge it though forbidden if unlawfully forbidden 8. But what are these priviledges and duties whereof they are said to be despoiled The particulars are these Power to rule and to preach in their own congregations and this power they are indued with â—y Christs warrant Power to Rule and by Christs warrant sound high and raise attention And this they have as well as much as power to preach if we may beleeve you As if they had ruledome as you call it from Christ himself If this be doubted of you give us Scripture for it and that in foure severall texts The first is this If any cannot rule his own house how shall he take care for the Church Here is care to be taken for the Church but no rule given to a Presbyter in the Church unlesse you allow him as much power to rule in his Parish as he hath in his own house To which assertion no man I conceive will subscribe It is required indeed if any Lay-man desire to be a Presbyter-Bishop that before he be ordained he be known to be such a one that could rule his own house well But what is this to prove that by Christs warrant in Scripture a Presbyter is indued with power to rule in his eongregation Alas this government as your learned brethren confesse is but domesticall in private families not Ecclesiasticall in the publick congregation In like manner Deacons must be such as rule their houses and children well And yet ye allow them no ruledome in the Church but set Lay-Ruling Elders to over-top them No warrant here for this Presbyteriall ruling power what may come hereafter shall be examined 9. The next proof is from the same Epistle the words are these I charge thee before God and the Lord Jesus Christ and the elect Angels that THOV OBSERVE THESE THINGS without preferring one before another and do nothing partially This is something were it to the purpose Here is a large authoritie given to Timothy in this Chapter and a charge in this verse that he be carefull to discharge his office with integritie But what is this to the point in question Alas you are clean mistaken in your mark It rests upon you to prove that this power in Scripture is given to a Presbyter-Bishop whereas it is here given to an Apostle-Bishop who is clean of another an higher order If I should justifie that a Sergeant at Law hath power to hear and determine Suits in Westminster-Hall because the Justices of the Kings Bench and Common Pleâ—â— have such a Commission you would think I were beside the cushion and so are you 10. In the third place you produce a text of the same Apostle to the Hebrews where-in he commands his brethren to obey those that have the over-sight of them and to submit themselves unâ—o them No question but they ought to do so But who are these Praepositi these Rulers here mentioned Are they Presbyters onely Presbyters are not mentioned here and it is impossible to prove that Presbyters onely are intended here unlesse they be the onely Church-governors It is rather to be beleeved that all Church-governors or else the chief Governors were here intended That he speaks of Presbyters I deny not but that he speaks of Presbyters onely I utterly deny When you can prove that onely Presbyters watch for the souls of the people and that they onely must give an account for those souls then shall I readily acknowledge that the Apostle speaks only of Presbyters in this place 11. If the Kings Majestie should command his Souldiers to obey their Commanders could any man imagine that he spake of the Lieutenants and Captains onely No wise man can have this imagination but this must reach to Majors and Collonels and all other in authority Thus when the Lord commands his people to obey those Governors that watch for their souls he means not onely Deacons and Presbyters but Bishops also For as in an Army there are Captains over souldiers and Commanders over Captains so in the Church which is aciâ—s ordinata a well-ordered Army there are Praepositi populo Praepositi Presbyteris Spirituall Governors of the people and some set over both people and Presbâ—ters Such were the Apostâ—â—s in Scripture and such their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 their copartners in labour and successors in office whom we now call Bishops Such were Timothy and Titus who
power of Ordination but not the Seventy not those of the inferior order not meer Presbyters 4. Besides doth not St. Paul justifie that none may preach except they be sent Talk not of an inward calling or extraordinary sending Neither of these will serve the turn without the outward without the ordinary Ordination St. Pauls words are full to this purpose No man taketh this honour of Priesthood to himself but he that is called of God as Aaron was The extraordinary calling which some pretend to is abolished in that No man takes this honour to himself How then must he attain the Priesthood The Apostle tels you he must be called of God as Aaron was And how was that Non immediatè a Deo sed mediante hominis ministerio he was not called or ordained immediately by God but by the interceding Ministery of man The Apostle therefore doth not say He that is called of God as Moses was but He that is called of God as Aaron was But we know that though Moses were immediately ordained by God yet Aaron was not he was ordained by Moses And yet both Moses and Aaron are among his Priests for Moses discharged the Priests office before Aaron was ordained Exod. 24. 4. c. Exod. 29. 12. 18. 25. 36. c. Exod. 30. 29. 30. 5. I have done with your first way having according to your Covenant proved by Scripture that none may confer Orders in the Church of Christ but onely Apostles or Bishops as we take them in a strict and Ecclesiasticall sense that is onely such as are of the same order with the Apostles and may fitly be called Apostle-Bishops 6. We are now cast upon the Example of the best reformed Churches which may raise some dust For when we descend to comparisons we cannot but displease those who are left out of the superlative Yet this I dare say that those Churches are best reformed which come neerest to the Primitive Church in Doctrine and Government For to reform is not to innovate but In primaevam veram formam reducere to settle it in the ancient and true state For thus saith the Lord Stand in the wayes and behold and ask for the OLD WAY WHICH IS THE GOOD WAY AND WALK THEREIN and ye shall find rest for your souls This rule therefore is given by Zanchius Exempla veteris Ecclesiae nobis debent esse instar praecepti and your learned Ministers of London second him assuring us that the examples of the ancient Church bind us as firmly as any precept And reason good since the custome of the ancient Church is Optima legis interpres the best interpreter of the Law of Christ The ancient Church then ought to be a pattern to all Reformers 7. Well what kinde of Government was there in the primitive Church Peter Moulin testifies that either in the Apostles times or suddenly after Bishops had praeheminence over Presbyters in the severall Cities wherein they were setled This Government is very ancient and in the Church of Christ every thing the MORE ANCIENT it is the TRUER AND BETTER it is Zanchius justifies it In Ecclesia Dei quo quid ANTIQUIUS eo etiam est VERIUS ideoque MELIUS And lest I may seem to wrest that famous learned mans words to another sense then he intended them I shall give you his resolution at large concerning this point in question whether Bishops or no Bishops and this it is Hoc unum addo me coram Deo IN MEA CONSCIENTIA non alio habere LOCO quà m SCHISMATICORUM illos OMNES qui in parte Reformationis Ecclesiarum ponunt NULLOS HABERE EPISCOPOS qui AUTHORITATIS GRADU supra veros compresbyteros emineant ubi liquido possint haberi Praeterea cum D. Calvino NULLO NON ANATHEMATE DIGNOS CENSEO quotquot illi Hierarchiae quae se Domino Jesu Christo snbmittit subjici nolunt These are his words in Latine and to your comfort you shall have them in English like them as you please This one thing I adde saith learned Zanchius that IN MY CONSCIENCE before God I esteeme ALL those NO BETTER THEN SCHISMATICKS who make it A PART OF REFORMATION TO HAVE NO BISHOPS in the Church where they may readily be had which maybe above their true fellow-Presbyters IN DEGREE OF AUTHORITIE Yea with Mr. Calvin I HOLD THEM WORTHY OF THE MOST GRIEVOUS CURSE who will not submit to that SACRED PRELACY which is subject to Christ He was far from a Rooter 8. Neither is Zanchius alone he hath that moderate and judicious Melancthon to second him who is so right and home for Episcopacy that he comes with his Ego reddo I for my part restore the whole Jurisdiction and dignitie to Bishops And he wisheth with all that he and the rest of his friends might redeem peace though it were upon harder terms Yea he affirms that he sees not quo ore with what face they can take from Bishops their Ecclesiasticall government And then he adds That I may speak my mind Vtinam utinam POSSEM non quidem dominationem confirmare sed ADMINISTRATIONEM EPIScOPORUM restituere I would to God I would to God IT WERE IN MY POWER not to confirm the Dominion but to restore the ADMINISTRATION OF BISHOPS For I see I see saith he what a â—inde of Church we are like to have when the Ecclesiasticall policie shall be dissolved Video postea MULTO INTOLERABILIOREM futuram TYRANNIDEM quam antea unquam fuit I see we are hereafter like to have a FAR MORE INTOLERABLE TYRANNY then ever we have known heretofore Note that and consider whether experience hath not made us sensible that his words were but a Prophecie of these times And after this he expostulates the same businesse with Camerarius and questions Quo jure by what law it might be free for them to subvert the Ecclesiasticall Policie if so the Bishops would yeeld unto them what is meet The question being thus proposed his resolution follows Et ut liceat certè non expedit but suppose it lawfull yet is it not expedient Luther himself was ever of this opinion whom some I perceive love meerly for this because by his means they had shaked off their Bishops and thereby gained Libertatem minimè utilem ad posteritatem such a LITERTIE AS WILL BE LITTLE FOR THE GOOD OF POSTERITIE This he spake and we feel For what kinde of state shall the Church be in in after ages if all ancient customes and manners be utterly abolished and no certain Governors established God knows and we imagine 9. Hitherto you have seen how Zanchius for himselfe and Calvin and Melanthon with Luther did endeavour even in the shell to crush that new model which ye boast to be of divine Right and yet confesse that it is not much above fourscore yeers standing and that but in some Churches For
Sir Edward Coke because a Lawyer and a States-man This great learned man assures us that It is a more grievous and dangerous persecution to destroy the Priesthood then the Priests For by robbing the Church and spoyling spirituall persons of their revenues in short time insues GREAT IGNORANCE OF TRUE RELIGION and of the service of God and thereby GREAT DECAY OF CHRISTIAN PROFESSION For none will apply themselves or their sons or any other they have in charge to the Study of Divinitie when after long and painfull studie they shall have nothing whereupon to live Will not our Church then come to a sweet passe And yet to this passe we are almost brought 16. All the inconvenience that Mr. Geree presseth is this that we are not subject to the Parliament to be whipped and stripped as they please If we be not subject to them I am sure they have made us so But how far forth and wherein we are subject to the Parliament and what Parliament shall speedily be taken into consideration Chap. 9. 17. You speak much of a former and a latter Oath the former to the people the latter to the Clergy As if His Majestie took two severall Oaths at two severall times Whereas in truth it is but one Oath as you acknowledge p. 1. taken at the same time and as it were in a breath Indeed there are severall priviledges proposed to the King which he first promiseth and afterwards swears to maintain As for the promise it is first made in grosse to the people of England afterwards to the severall States of this Realm but first to the Clergie by name In generall to the people of England the King promiseth to keep the Laws and Customs to them granted by his lawful and religious Predecessors Under this word People are comprehended the Nobilitie Clergie and Commons of this Kingdom Afterwards distinguishing them into severall ranks he begins with the Clergie promising that he will keep to them the Laws Customes and Franchizes granted to them by the glorious King S. Edward his Predecessâ—â— Secondly he promiseth to keep peace and GODLY AGREEMENT entirely to his power both to God the holy Church the Clergie and the People Here also you see his promise to the Church and Clergie goes before that to the People In the third branch His Majestie promiseth to his power to cause Law Justice and discretion in mercy and truth to be executed in all HIS JUDGEMENTS to all before named Next he grants to hâ—ld and keep to the Comminalty of this HIS KINGDOM the Laws and rightfull Customes which they have TO THE HONOUR OF GOD mark that so much as in him lyeth The Commonalty you see are not mentioned till we come to the fourth clause And last of all lest the Bishops though implied in Church and Clergie should seem to be omitted and an evasion left to some malignant spirits to work their ruine and yet seem to continue a Clergie the King promiseth to the Bishops in particular that he will preserve and maintain to them all Canonicall priviledges and due Law and Justice and that he will be their Protector and Defender How then can he desert them or leave them out of his protection 18. These promises made the King ariseth is led to the Communion Table where laying his hand upon the holy Evangelists he makes this solemne Oath in the sight of all the people The things that I have promised I shall perform and keep So help mâ— God and the contents of this Book Though then the promises be severall the Oath is but one and so no former no latter Oath not two but one Oath The Kings Oath to the people is not first taken but you are wholly mistaken 19. If any man desire to know who the People and Commonalty of this Kingdom are let him look into Magna Charta where he shall find them marshalled into severall estates Corporations and conditions There you shall also see the severall Laws Customes and Franchizes which the King and his religious Predecessors have from time to time promised and sworn to keep and maintain That Great Charter begins with the Church Inprimis concessimus Deo First we have granted to God and by this our present Charter have confirmed f in behalf of our selves and our Heirs for ever that the Church of England be free and that she have her Rights entire and her Liberties unmaimed Now Sir Edw Coke that Oracle of the Law tels us that this Charter for the most part is but DECLARATORY OF THE ANCIENT COMMON LAWS OF ENGLAND to the observation wherof THE KING WAS BOUND AND SWORN And not onely the King but the Nobles and Great Officers were to be SWORN to the observation of Magna Charta which is confirmed by thirtie and two Acts of Parliament 20. The Liberties of this Church as I have gleaned them from Magna Charta and Sir Edw Coke are these First that the possessions and goods of Ecclesiasticall persons be freed from all unjust exactions and oppressions Secondly that no Ecclesiasticall person be amerced or fined according to the value of his Ecclesiasticall Benefice but according to his Lay tenement and according to the quantitie of his â—ffence Thirdly that the King will neither sell nor to farm set nor take any thing from the demeans of the Church in the vacancie Fourthly that all Ecclesiasticall persons shall enjoy all their lawfull Jurisdictions and other rights wholly without any diminution or subtraction whatsoever Fiftly A Bishop is regularly the Kings IMMEDIATE OFFICER to the Kings Court of Justice in causes Ecclesiasticall Sixtly It is a Maxime of the Common Law that where the right is spirituall and the remedy therefore onely by the Ecclesiasticall Law the conusans thereof doth appertain to the Ecclesiasticall Court Seventhly Sir Edw Coke tels us from Bracton that no other but the King can demand or command the Bishop to make inquisition Eightly Every Archbishoprick and Bishoprick in England are holden of the King per Baroniam by Baronry And IN THIS RIGHT THEY THAT WERE CALLED BY WRIT TO THE PARLIAMENT WERE LORDS OF PARLIAMENT And every one of these when any Parliament is to be holden ought ex debito Justitiae by due of Justice to have a Writ of Summons And this is as much as any Temporall Lord can chalenge The conclusion of all is this that neither the King nor His Heirs or Successors will ever endeavour to infringe or weaken these Liberties And if this shall be done BY ANY OTHER nihil valeat pro nullo habeatur let it be of no force and passe for nothing Hence it is provided by Act of Parliament that if any Judgement be given CONTRARY TO ANY OF THE POINTS OF THE GREAT CHARTER by the Justices or by any other of the Kings Ministers whatsoever IT SHALL BE UNDONE AND HOLDEN FOR NOUGHT Let all true
Kings of this Realme according to an Act of Parliament in that behalfe An. 32. Henr. 8. c. 36. According to this Statute were the Bishops and the rest of the Clergie assembled bâ— King Edward VI. and Queene Elizabeth for composing the Articles of Religion which were allowed to be holden and executed within this Realme by the assent and consent of those Princes and confirmed by the subscription of the Arch-Bishops Bishops of the upper House and of the whole Clergie in the neather House in their Convocation As is to be seen in the Râ—tification of those Articles Agreeable to the same Statute the Arch-Bishops Bishops and other of the Clergie were summoned called by K. Iames to treat of Canons and Constitutions Ecclesiasticall Which were by them agreed upon An. Dom. 1603. and were by the same King of blessed memorie ratified and confirmed by his Letters Patents And I am certaine that we have subscribed and sworne That the Kings Majestie under God is THE ONELY SUPREME GOVERNOR of this Realme and of all other his Highnes Dominions and Countries as well in all Spirituall or ECCLESIASTICALL THINGS OR CAUSES AS TEMPORALL 6. The substance of your touchie argument is I hope satisfied in the eye of every moderate and discreet man The rest that follows is but a Rhetoricall flourish or reiteration of what passed before as if the Kings Oath to the Clergie could not be consistent with the priviledges of the Nation formerly by him sworn to As if without peradventure there were a former and a latter Oath which I have proved to be most false And as if we of the Clergie were none of the Nation Or as if we were bastards and not legitimate slaves and not free-born subjects And yet blessed be God diverse of our Orthodox Clergie are as well descended as any that speake against them Is this my good brother to reverence the Preists and count them holy Is this the way to invite men of worth to incorporate themselves into your Presbyteriall Hierarchie Surely we are a part of this Nation to whom this promissory Oath was made Our Rights consisted comfortably many yeers with the priviledges of the people to the honour of this Nation and to the astonishment of others With what face then can you say that the Kings Oath to the Clergie cannot be consistent with the priviledges of the Nation Whereas it is evident that in three or foure yeers this Nation is so weary of the Presbyteriall encrochments that they can no longer possibly endure them 7. But by your words it seems when and while the Clergy were a distinct corporation from the Laitie the Oath had this sense viz. that the Kings oath to the Clergie was consistent with the priviledges of the Nation That must be the sense if I know what sense is But the Clergie were and are a distinct corporation In ceasing to be Popish we are not ceased to be Preists neither is that necessary and just exemption or distinction yet abolisht If it be why are you so zealous to distinguish us and our privileges from the people and their priviledges Whereas if we be all one without distinction our priviledges must needs be the very same and so no inconsistencie at all But of this more fully Chap. 11. 8. A Popish exemption it was for the Clergie to be free from the Kings Commands But this is abolished and we readily submit to every Ordinance of man and wish that you and your Assembly brethren would learn the same Christian obedience A Popish exemption it is for the Bishops and their Churches to know no Governor but the Pope That also is disclaimed and at the Kings Coronation it is publickly acknowledged that the Bishops and their Churches are under the Kings government The Antichristian usurpation is condemned and true Christian subjection justified The King is the â—nely Supreme O vernâ—r to him we owe obedience and to others for him and under him And though all Antichristian usurpation were abolishâ—d upon the death of Queen Mary yet in all the Acts since that time to this present Parliament the Lords spirituall are distinguished from the Lords temporall the Clergy from the Laity and the Convocâ—tion from the Parliament Yea even in these times of confusion the Clergie are doomed by your great Masters to be unfit for Lay or Civill imploiment If there be no such men then was that sentence sencelesse while we are of the same Corporation with them we are as capable of any office of State as the rest of our fellow-subjects even to be Members of both Houses But this distinction is still on foot the Kings Oath therefore to us is still binding especially since our immunities may as well subsist with the priviledges of the Commons as the priviledges of Bristoll with the Franchizes of London 9. Indeed you may well twit us with the change of our condition for we have just cause with Bishop Latymer to complain that there is a plain intent to make the Clergie slavery which was far from the intention of this Oath till your faction prevailed in the change But what inconvenience will follow if we confesse that the intention of the Oath was changed with the change of our condition Not that which you aime at For therein and so far forth onely is the intention of the oath changed as our condition is changed But wherein is our condition changed A Church we are still Bishops and Preists we are still onely our condition is thus far changed before we were subject to Antichristian usurpation but now we are altogether for Christian Allegiance Before our Bishops and Preists were subject to the Pope but we submit wholly to the King And I hope we shall not fare the worse for that The Kings Oath is to protect the Church as it is not as it was not as she was popish and superstitious but as she is Catholick and Apostolike Then she was subject to the Pope and free from the King but now she is subject to the King and free from the Pope But you would faine enforce us to our old vomit for we cannot but discern that a far more intollerable tyranny is drawing on by how much the more dangerous it is to be subject to a multitude then to one to a multitude at home then to one abroad Both of them being equally destructive to the liberty of the Church and alike contrary to the Word of God 10. Besides the change of our condition is either for the better or the worse If for the worse this is to maintain Popery He that saith our condition is changed for the worse justifies that it is better for us to be subject to the Pope then to the King If for the better then must the intention of the Oath be changed for the better For are not these your words that the change of the Clergies condition must needs change the intention of the Oath Without question the intention of
Rights of the Clergie As if this were a sound and unanswerable argument It is lawfull for the King to abrogate the Rights of the Clergy Ergo It is lawfull for him to abrogate Episcopacy It is for all the world as if one should say It is lawfull for the King to take away the Rights of Lawyers Ergo he may also take away Judicature Yet all men would say that this were flat tyrannie since without Judicature no man can compasse or enjoy his own with peace 2. But I shall return your argument so upon you as shall concern you more neerly It is lawfull for the King to abrogate the Rights of the Clergie it is therefore lawfull for him to abrogate Presbytery How like you this Is it not your own argument changing terme Episcopacy into Presbytery Ye have strooke out the former set up the latter in the place of Episcopacy And your scholers by the same argument may live to root up thut too if any lands be annexed to this great Diana of Geneva Thus you have made a rod to scourge your selves with 3. But you will say that though it be legall for the King to take away the Rights yet he may not destroy the Order And why so Because the Rights are granted by man but the Order was settled by God And what God hath ordained is not lawfull for man to abrogate I must return you the same answer since t is sufficiently justified C. 4. 5. That the Order of Episcopacy is the immediate institution of our B. Saviour and Ministeriall root from whence all Orders spring Though then this be the usuall way of cleering this your assertion and you conceive it to be a sound resolution yet learned men see that you have said just nothing unlesse you confesse that the Order of Presbyter may likewise be exâ—iâ—pated by Royall authority 4. But return we to the Rights of the Clergie and take notice upon what grounds you suppose it lawfull for the King to abrogate those Rights which he hath vowed so solemnly to maintain The King say you is sworne to maintaine the Laws of the Land in force at his Coronation Yet it is not unlawfull for him after to abrogate any of them upon the motion or with the consent of his Parliament I am glad that you acknowledge it to be the Kings Prerogative to maintaine the Laws of the Land and that it is not unlawfull for him to abrogate any of them with the consent of his Parliament If he be bound by Oath either he hath power to maintain these Laws or not If he hath not power it is a senselesse Oath If he hath power where is it What is become of it Hath he resigned it We know the contrary Hath he forfeited it To whom To his subjects He can no more forfeit his Regall power to his subjects then a father the right of fatherhood to his children He is no more a King upon condition then a father is a father upon condition His power he hath not from the people but from God Per me Reges regnant by me Kings reign saith God And I hope God speaks no untruth His substitute the King is for He sits on Gods not on the peoples throne and King he is for the Lord in his stead 5. If you object misdemeanours or bearing armes against His Parliament your self say that He is sworne to maintain the Laws of the Land The Laws Liberties and Properties were all at stake they were trampled upon by his faithlesse but potent Subjects This enforced him to take up that sword which he ought not to beare in vaine but to execute wrath as the Minister of God upon them that do evill upon such as plunder his good subjects and turn them out of house and home For the King is made by God the Supreme Governor for the punishment of evill doers as also for the praise of those that do well But suppose the King were a tyrant as bad as bad may be yet we ought from our hearts to give him all due honour so Beza and not to rob him of his just power If he sin it is against God onely and to him onely he must account not to his Subjects 6. Well bound he is by Oath to maintain the Laws while they are Laws As yet then the rights of the Church are safe and the King is bound to maintain them But how long are these Laws in force Till they are abrogated BY JUST POWER IN A REGULAR WAY They are your own words and we subscribe them But the just power is in His Majestie by your own confession both to maintain and to abrogate Laws And the regular way say you is at the motion or with the consent of HIS PARLIAMENT But with all our loyall Predecessors we say at the petition or humble suit not at the motion of His Parliament And His it is his they are all though Members of Parliament since the Parliament is His. They are not then a Parliament of themselves at their own choice or disposing nor yet without him His they are I am sure they should be so I would to God they were so The King is the fountain of honour and power within his own Dominions And who may say unto him What doest thou Why doest thou honour this man and not that Why doest thou call a Parliament at this time and not at that Impius est qui Regi dixerit inique agis He is impious that saith unto the King thou dealest unjustly or unequally So the Fathers read that place No obbraiding no controulling of a King He can do no wrong So the Law 7. His the Kings they are when they are met and set in Parliament His great Councell Magnum Concilium Regis His Houses His Parliament And therefore called so that they may Parlar la ment speak their minds freely for the generall good Him they may entreat not controul advise not command perswade not enforce Suppose the King grants them power and authoritie he grants them none either over or against himself this he cannot do This were to set the Members above the Head and to make his Subjects superior to himself This were to despoil himself of the power of the Sword But this he may not do since God hath made him supreme and given him the charge of the Sword And His Majestie may not invert that order which God hath set neither may he repeal Gods ordinance or make it void God hath laid the charge upon him and he cannot with a safe conscience decline it or neglect it 8. Observe I beseech you though Pharaoh set Joseph over his house and over his people to rule and arm them at his pleasure though Joseph were so made Ruler over all the land of Egypt yet without him no man might lift up his hand or foot within that land
Preists ought to be had among Christians Witnesse that Evangelicall Prophet whose words are these Ye shall be named THE PREISTS OF THE LORD as they are at this day Men shall call you the Ministers of our God Ye shall eat the riches of the Gentiles and ye shall be EXALTED WITH THEIR GLORY This is one the other shall be from that royall Psalmist In stead of thy Fathers thou shalt have children whom thou mayest make PRINCES in all Lands Do not you go about to make the Word of God a lye while you endeavour to dis-inherit the Clergie of these privileges and honors But God shall be true he shall be justified in his sayings and every man shall be a liar Behold how these prophecies were fulfilled under the Gospēl When our Saviour sent forth his Apostles and Disciples to preach the Gospel and to dispense his heavenly mysteries he daines them with this honour to rank them for usage with himself He that despiseth you despiseth me and he that receiveth you receiveth me To intimate to all Christians that they ought to use his messengers as they would Christ in his own person For whether well or ill he will take it as done to himself Hence is it that the Galathians received S. Paul as an Angel of God even AS CHRIST JESUS Yea they were ready to pull out their own eyes to do him a pleasure And when this Apostle came to Melita he and those that attended him were courteously entertained honoured they were with many honors and enriched with gifts by the Prince of that Island and his people 18. Some it may be may conceive that these were but personall honors and that they belong to them onely whom Christ immediately ordained But the Scripture will teach us a better lesson For doth not our Saviour say He that receiveth whomsoever I send receiveth me Now we know that our Saviour sendeth not onely by himself but by those also to whom he hath given power to send and ordain Thus by S. Paul he sent Timothy and Titus and we find S. Barnabas with S. Paul ordaining Presbyters in all Churches where they came This therefore is a generall rule those Governors who labour in the Word and Doctrine whether they be ordained by Christ or his Apostles or any other to whom this authoritie is duely given are WORTHY OF DOUBLE HONOR that is saith Primasius both in love and place Thus Titus by the Corinthians was received with fear and trembling and memorable obedience They honoured him as Theodoret speaks as their Father and reverenced him as their spirituall Governor These honors are due not so much in respect of personall worth as in regard of the office which they bear This appears by S. Paul who willeth the Philippins not onely to receive Epaphroditus their Apostle or Bishop with all gladnesse but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he chargeth them to hold SUCH AS HE WAS in honour and reputation All must be thus honoured but those most that are most worthy 19. Constantine the first Emperor that ever was christen'd had learned this lesson he therefore did reverence the Bishops ad imaginem quandam divinae praesentiae as if he had some resemblance of God before his eyes He kissed those Bishops skars that had suffered for Christs most holy Name He entertained divers of them at his own table and at their departure he bestowed upon them many goodly gifts Upon Bishops he conferr'd very many privileges and the highest Honors he had to bestowe He ordained that those Canons which were agreed upon by the Bishops and had received his Royall approbation should be of more sacred authority then any Law or sentence that should passe from his highest Judges and that none of his Princes should dare to infringe them To conclude he commanded the Governors of his severall Provinces to give reverence and honour to Bishops threatning no lesse then death to such as should revile or abuse them What reverence and esteem Bishops were of with his severall sons though differing in Religion the Church History manifests for these and all other privileges were inviolably preserved to the Church till that Apostata Julian ware the Crown But those pious and orthodox Emperors that succeeded him raised up the Church and made good her former privileges 20. The reason why good Princes were so carefull of the Church and Churchmen was because they were confident with Great Constantine that God gave a blessing to their affairs for the Bishops sakes And those two wise Emperors Leo and Constantine professe with Justinian that the peace and felicitie of their people as well for body as soul depend upon the harmonious consent of the Imperiall and Episcopall functions Mark that In Scripture the Prophets and servants of God are called the charet of Israel and the horsemen thereof because by their prayers they did more prosper their Countrey then by force of arms Yea by them God blessed his people These were the Church-priviledges and these the opinions the most Christian Princes had of Church-men And you cannot say that any of these Emperors had any dependance upon the Pope or any compliance with him But we are fallen into those times wherein it is accounted losse to bestowe cost upon Christ pietie to rifle the Church and good service to God to murder his Apostles and Priests Indeed what ever is good and commendable is now with the round brotherhood cried out upon as Popish By this time I hope it appears that these immunities which belong to the Church arise not from the errour of the times as you suppose but from the tenure of Scripture That 's the tenure we hold by CHAP. XII Whether to sit and vote in Parliament be incongruous to the calling of Bishops 1. SOmething an hard theme to treat upon and unpleasing to the times And yet I must say something to it lest I seem to desert the cause to blame our Predecessors of indiscretion and to acknowledge that weaknesse in our Bishops which the wisest of this Kingdom know to be far from them What Not contented to strip us of our rights lands and priviledges but you must twit us with the losse of the Bishops Votes as if they were neither fit to sit or vote in the House of Peers That this hath been done cannot be denied but how justly I shall not question for the honour I bear to my Soveraign Yet thus much is evident to every single eye that we have had many even and conscionable Parliaments wherein Bishops have voted what kinde of Parliament we have had without them some will make bold to speak hereafter But a word in private Were they not thrust out lest the King should have too many faithfull Counsellors in the House Were they not removed to make way for these civill broils The Incendiaries knew full well that those
to slip in the Presbyters they are not the men they are not called for These are Episcopall privileges all other Ecclesiasticall persons are to be contented with those liberties and free customes quas priùs habuerunt which they enjoyed heretofore 8. The Writ summoned this Parliament for the defence of the Church of England Herein you have also made the Writ void for you have destroyed the Church of England And in destroying the Church you have destroyed the Writ The Commission is for defence they then that destroy what they are bound to defend overthrow their Commission Our Saviour sent his Apostles to preach peace to blesse and not to curse to please God and not man If then we preach warre and not peace if we curse when we ought to blesse if we please men and not God we forfeit our Commission S. Paul is plain If we please men we are none of Christs servants much lesse Apostles For his servants we are whom we obey whom we please If then we prove faithlesse and unprofitable servants we shall be turned out of our Masters house even out of doores and cast into outer darknesse Upon these grounds I argue thus He that overthrows the prime intention of the Writ overthrows the Writ But you have overthrown the prime intention of the Writ Therefore you have overthrown the Writ That you have overthrown the prime intention of the Writ I prove thus The prime intention of the Writ is for the State and defence of the Church of England But you have overthrown the State and defence of the Church of England You have therefore overthrown the prime intention of the Writ The second Proposition cannot be denied it is so palpably true The former is Sir Edw Cokes his words are these The State and defence of the Church of England is first in intention of the Writ And if the Writ be made void all the processe is void and so farewell Parliament 9. Besides I have learned that the assembly of Parliament is for three purposes First for weighty affairs that concern the King Secondly For the defence of his Kingdome And thirdly for defence of the Church of England For the King no question but the Bishops are faithfull to him We see they have constantly adhered to him in these times of triall In Gods and the Kings cause they have all suffered and some died commendably if not gloriously For the defence of the Kingdome none more forward with their advice purses and prayers And for the Church who so fit who so able to speake as Bishops Versed they are in the divine Law in Church history and in the Canons of the Church They fully understand not onely the present but the ancient state of the Church They know what is of the Essence of the Church what necessary and what convenient onely what is liable to alteration and what not These things are within the verge of their profession and most proper for them to speak to 10. When King David first resolved to bring up the Arke of the Lord from Kiriath-jearim into his own Citie he consulted with the Captains of thousands hundreds cum universis Principibus and with all his Princes about this businesse By their advice he orders that the Arke should be carried in a new Cart and Vzzah and Ahio are to drive it But what becomes of this consultation An error was committed clean thorough and Vzzah suffers for it Though David were a marvelous holy man and a good King and had a company of wise religious Councellors about him in the removall and ordering of the Arke they were mistaken because they did not advise with the Preists about it For the Preists lips preserve knowledge they shall inquire of the Law at his mouth And the Law will not have a Cart to carrie the Arke nor Lay-men to meddle with it David saw his mistake with sorrow and confesseth to the Preists that he and his Councellors had not sought God after the due order And why so Quia non eratis praesentes so the Fathers read because the Preists were not present he had not consulted with them about this sacred businesse And hence it is that they did illicitum quid somthing that was unlawfull That then a thing be not unlawfull we must consider not onely what is to be done but the order and manner is to be considered how it ought to be done least failing of the due order it prove unlawfull Most Christians know bonum what is good but few are skilled in the bene how it ought to be done and that is it that makes so many ruptures so many breaches and factions in the world because every man will prescribe the order and manner which God knows they ttle understand 11. When therfore David had once more resolved to fetch up the Arke from the house of Obed Edom he calls for the Preists and acknowledgeth that none ought to carrie the Arke of God but they and that therefore the Lord had made a breach upon him and his because the Preists had not brought it up at first That this fault may be duly and truely mended David commands the Preists to sanctifie themselves and to bring up the Arke They did so they brought it up upon their shoulders according to their dutie And God helped the Levites that bare the Arke because it was now done in due order It is no shame then for us to acknowledge our error with David and with him to amend what is amisse Yea this was such a warning to him that he would not so much as resolve to build an house for the Lord till he had acquainted the Prophet Nathan with it In matters therefore that concern the Arke of the Covenant the Church of the living God it is not safe to do any thing without the Preists advice If then the cheif and maine end of calling a Parliament be for the good of the Church it is most necessary to have the cheif Fathers of the Preists present But Sir Edward Coke assures me that this is the main end of calling a Parliament His words are these Though the State and defence of the Church of England be last named in the Writ yet is it FIRST IN INTENTION And what is first in intention is chiefly aimed at all other things that are handled are but as means to effect that It is not then incongruous but most consonant to the calling of Bishops to sit and Vote in Parliament 12. Besides if the honour of God and of holy Church be first in intention how shall the honour of God and of the Church be provided for how defended when the Fathers of the Church are discarded who know best what belongs to Gods honour who are most able to speake in defence of the Church to shew how she ought to be
Lay-mens hands which heretofore were appropriated and annexed to this or that particular Religious House Which house according to Mr. Spelman was the perpetuall incumbent Parson of each of those Rectories and did duely officiate the Cure by one of their own fraternity Then were there few or no defective Parishes But upon these new Statutes the Lay Appropriatoes swept all into their own custody and possession From hence ariseth the want of congruous maintenance in too many Parishes for him or them that serve those Cures And shall Bishops smart for it when Lay-men have done the mischief and purse up the profits Dat veniam corvis vexat censura columbas when the Laity offends the Clergie suffers Is this Justice But so the Parliament do it it is with you valid in Law though injurious But God and you are of severall minds 11. Nay if this be done if Bishops lands be removed to Presbyters there will be no danger of sacrilege How prove you that This say you will not be to ruine but to rectifie the devotion of former ages and turn pomp into use and impediments into helps This is somewhat like Cardinall Wolseys pretence who dissolved fourty small Monasteries of ignorant silly Monks to erect two goodly Colleges for the breeding up of learned and industrious Divines Was not this to turn impediments into helps Lo he removed lazie drones that did little but eat and drink and sleep that so learned men might be provided for who would labour in the Word and doctrine and might be able to do Church and State good service Was not this as fair a pretence as yours or as any you can invent And how was this accepted of God that forbids theft will no more endure the offering gained by theft then by adultery One of his Colledges dyes in the conception the other remains unfinished to this day and it pities me to see her foundations under rubbish And a misery it is to take into consideration the ruine of this man as also of that King and Pope who gave him licence to commit this sin This attempt and grant opened a gap to the most profuse sacrilege that ever Christian Nation before that time had been acquainted with And yet for ought I find by this particular sacrilege there came no gain into any of their private purses 12. But I beseech you what is the meaning of these words this will turn pomp into use What your intent is perchance I may gesse but to take them according to the plain and literall sense I can make no other construction of them then this If the Prelates revenues were diverted to supply with sufficient maintenance all those Parochiall Pastors that want congruous maintenance this would turn pomp into use That is that pomp which the Prelates made no use of the Presbyterians would turn into use If this be not the Grammaticall sense I appeal to any rationall man And their Essay in the Divine right of Church government shews what their proceedings would prove I must confesse ye have marvellously improved the impediments and turned them into helps For the power and Jurisdiction of Bishops which were the main impediments to Schisme and Heresie you have covenanted to root up and have brought in all the helps that may be to further irreligion and Atheisme While the Bishops had power heresies were rarae nantes seldom seen and suddenly supprest if any such crept in But now they flowe in by shoals and have Pulpits and Presses cloyed with them Does not your own Mr. Edwards professe that never was there such plenty of Sects and Heresies As many more in truth as ever the Church knew in former ages Onely as by Julian the Apostata both Pulpits and Presses are locked up to the Orthodox no coming there for them lest perchance they infect the Auditories with sound and Apostolike Doctrine 13. Parochiall Pastors are most necessary men by them the work of the Ministery is CHIEFLY to be performed This is true and not true True in the Fathers sense not in yours In the Fathers sense a Pastor is a Bishop strictly so called as by his Order he is differenced from a Presbyter and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is no petty Countrey or Citie Parish it is a whole Citie with the Precincts and Countrey adjoyning which were under the jurisdiction of the Citie and repaired thither for justice if differences arose With them Paraecia was the same that a Diocese is with us So a Parochiall Pastor in the ancient and Church sense is a Diocesan Bishop and in this sense the work of the Ministery is CHIEFLY PERFORMED BY THE PAROCHIALL PASTOR This Pastor indeed can perform all Ministeriall acts divers of which are clean out of a Presbyters power And yet you say that by the Parochiall Pastor who is with you but a Presbyter the work of the Ministery is chiefly performed Not so my good brother not so not that work without which the Church cannot possibly subsist And that is twofold first the ordering of the Church and 2ly ordeining of Presbyters The chief works of the Ministery according to St. Paul are to 1 regular the Church and to 2 beget those by whom the Sacraments may be administred and absolution pronounced But these works may not cannot be done by any or many Presbyters In your sense therefore this proposition is false 14. But why cheifly What because Presbyters offer up the prayers and supplications of the Church Because they are the usuall Preachers and dispensers of the Sacraments These indeed are the most usuall and daily offices and very necessary but I dare not say that by them these offices are cheifly discharged What say you to that principle of reason Propter quod aliquid est tale illud est magis tale Especially if it be such an efficient or ministeriall cause without which in the ordinary way there can be no such thing But by a Bishop a Presbyter is made a Minister of these holy duties in the ordinary way without him he could not be a Presbyter The Bishop then doth cheifly performe the work of the Ministery The reason is because illo mediante by his means or mediation that is done which without him could not be done The work of Justice is usually performed by the Justice of the severall Benches But I presume you will not say cheifly that you will reserve to the Parliament since you have sworne that to be the Supreme Judicatorie of this Kingdome And in this treatise you have concluded that The Parliament is the Supreme Court by which all other Courts are to be regulated And as all Courts are to be regulated by Parliament so are all Presbyters to be guided by their own Bishop 15. Cheifly say you onely saith your Ordinance for Ordination wherein you make the Presbyter the onely Minister In your Solemne League and Covenant ye resolve and vow the extirpation of Arch-Bishops and
and these disasters shall end in a Crowne of glory His memory shall be honoured in our Annals and his posterity flourish in these thrones Amen Amen CHAP. XVI How far forth the King ought to protect the Church and Bishops 1. IT is confessed to my hand that the King is ingaged to his power to protect the Bishops and their priviledges as every good King ought in right to protect defend the Bishops Churches under their Government Reason requires no more and Religion requires so much For by that God whom we serve Kings are made Guardians and nursing fathers to the Church and by the same God this ingagement is put upon them Not by man not by the Author as you seem to intimate nor yet by the Bishops One of the Bishops indeed in the behalfe of his brethren and the whole Clergie humbly beseecheth his Majestie to protect and defend to them and to the Churches committed to their charge all Canonicall priviledges and due Law and Justice The King with a willing and devout heart premiseth to be their protector and Defender to his power by the assistance of God And afterwards at the Communion table he makes a solemne Oath upon Gods own book to observe the Premises This ingagement then is not put upon the King but with a willing heart he takes it upon himselfe acknowledging that he ought to do so if he be a good King Yea saith Sir Edward Coke the King is bound and sworn to the observation and keeping of Magna Charta His Majestie then is but intreated to do what he is sworne and bound to do And since sworne and bound he may not with a safe conscience give them up to the wild boares of the forrest to root up the plants or suffer the wild beasts of the field to devour this Vine which the Lords right hand hath planted 2. That the King is bound no further to exercise his power in the protection of the Church then he can do it without sinning against God is most undoubtedly true and it were not the part of a Christian to desire more For we know that the King receives his power from God which is to be used not against but for God Not to protect the Church to his power is to break his Oath it is to desert that trust which God hath committed to his charge and is not this to sin against God In the discharge of this dutie he is so far from being injurious to the rest of his people that if he should forbear it it would prove the greatest mischeife that can be imagined to his people and to their posterity in their soules in their estates and a perpetuall infamie to this Nation I need not prove it now it is already done Cap. 8. Sect 10. 11. c. 3. That his sacred Majestie hath interposed his Authority for the Bishops put forth all the power he hath to preserve them is that which vexeth your confederacy And yet you cannot deny but that every good King is bound in right to do so What we ought to do is our bounden duty and what we do in right is justly done Oh that this had been done in the right time Indeed he is not onely bound but he finds it more then necessary to protect and preserve them for in protecting them he protects himself his throne and his posterity Alas he was strook at thorough the Bishops sides His wise Father descried this long since No Bishop no King What the Father spake his Sonne our good King hath found true by woefull experience His Crowne hath sunke with their Miters 4. Well by your own confession what our gracious King hath done is right and what good Kings are bound to do to the extent of their power Thus our good King is justified by his enemies as our Saviour was by Judas If his Majestie have endeavoured to do that which is right what are they that have hindered him from doing it Have not they done wrong How can they excuse themselves before God or man that have so manacled our betrayed Soveraigne that he cannot do what good Kings are bound in right to do Is this to be good Is this to be just Then have all the Saints of God been utterly deceived 5. If after all this He must perforce let the Bishops fall you and your Schisme have much to answer for that have driven him to this necessity You seem to pitie his good subjects who with their blood have endeavoured to support Episcopacy Their swords were not drawn to maintaine this Government or the Religion established they never learned to fight for Religion What they did was done in submission to his Majesties just commands and to manifest their allegiance But if these be good that have indangered their lives to uphold Bishops what are they I beseech you that have spent their blaod to root them out Surely in justifying the former Mr. Geree hath condemned the latter and when the waspes find it he must look to his eares 6. I must confesse it is an hard case for one man to ingage his life for the maintenance of other mens privileges But who did so Not a man ingaged himself but the Kings command the Oath of Allegiance and the Laws of the Land ingaged every good Subject to assist his Soveraign to the utmost The King according to his Oath endeavoured to maintain the Laws of the Land to protect the Members of both Houses driven from Parliament to support the Bishops and to suppresse those seditious and sacrilegious persons which plotted and covenanted the ruine of Religion root and branch Though much the greatest part of the Nobility Gentrie and learned in the Law were deservedly moved to see Majestie dethroned and blasphemed Religion spurned at and vilified the Fathers of the Church scandalized and persecuted the Laws of the Kingdom and liberties of the Subject sleighted and trampled on yet not a man of these took up the Sword till he was commanded by him to whom the Laws of the Land and the Word of God have committed the power of the Sword This may not be called backwardnesse or unwillingnesse but pious discretion which ever waits upon the Soveraigns call When therefore His Majesty had set up his Standard I may truly say the governors of our Israel offered themselves WILLINGLY among the people they did the King service to the utmost Had there not been a back-doore to let in a forrein Nation to divide the Kings forces had not some of the Nobles of Judah conspired with Tobiah held intelligence with him and acquainted him with Nehemiahs secrets there never had been so many Thanksgiving dayes nor so much boasting that God prospered the cause God suffered David his own chosen servant his anointed and a man after his own heart to be hunted as a Partrige upon the mountains to be frighted from his throne and to live like a