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A28864 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. By Edward Boughen. D.D.; Mr. Gerees Case of conscience sifted. Boughen, Edward, 1587?-1660? 1650 (1650) Wing B3814; ESTC R216288 143,130 162

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quis juret Deus tamen qui conscientiae testis est ita hoc accipit sicut ille cui juratur intelligit What art soever a man use in the words of his Oath God who is witnesse of the conscience takes the Oath in that very sense wherein the party takes it to whom we swear Otherwise we shall not onely deceive others but we shall cheat our selves into equivocation wherewith of late we have so justly charged the Jesuites and for which the Fathers most deservedly heretofore condemned the Helcheseites Valentinians Priscillianites and the followers of Origen Truly I am much afraid we are fallen into such times as Roger Hoveden complains of under K. Steven wherein it was accounted a noble act to lye and forswear and a manly deed to betray their Lords and Masters 9. And is not this which is wrought against the Clergie a tyrannous invasion What Law is there to countenance what of late yeares hath been done against us Where is the orderly alteration you speak of Hath not all been done by tumults and insurrections Have not divers of the Peers been assaulted and many of the Commons vilified and terrified by a seditious faction that so they might bring them to their own bend How many have been inforced to flye with all secrecy from Westminster because they would not passe their Vo●es against Law and conscience Was it orderly to frame Petitions at Westminster against the Bishops and Orthodox Clergie and then to gleane hands in the Countrey from factious spirits to your own Petitions Was this an orderly alteration without any pretence of Law to deprive us of our freeholds to plunder our houses to imprison our persons and to thrust into our Benefices men with unwashed hands Felt-makers Blacksmiths Taylors and I know not whom And yet all this hath been done by our great Masters in Israel 10. By your own confession the King hath taken an oath to protect the Clergie and their rights against violence and a tyrannous invasion But how shall he protect us that is not able to secure himself This it seems was his dutie and with Gods assistance in his power when his sacred Majestie took the Oath His duty still it is though he be robbed of his power And when God shall restore him to his power he is bound to discharge this dutie For you confesse that his Majestie is ingaged to his power to protect the Bishops and their priviledges And if he breake this solemne Oath in his own person with what conscience can he punish perjurie in others 11. An orderly alteration or Legall waies of change who condemnes But we justly complaine that no such alteration hath been endeavoured For that is not orderly which is illegall neither can that be imagined rationall which is wrought by violence or forced upon a King He is to be ruled by the word of God and right reason which is the life of the Law not to be over-awed or over-swayed by a faction 12. That it is rationall for a King to undertake to protect the Clergie against violence you acknowledge and it is no more then all the Kings Ministers are bound in conscience to performe The King hath done it blessed be God to the utmost of his power Whether the Kings Officers and those he hath put in trust have done their dutie wi 〈…〉 be answered for at an higher barre In right reason the Oath should have no other sense Th●● sense then it hath and we desire that sense may be made good by Parliament and we restored to our free-holds according to reason and Law and satisfaction made us for our losses ●nd illegall imprisonment ●ill an orderly and Legall change be made CHAP. VIII Whether the Kings Oath taken to the Clergie be injurious to his other Subjects and inconsistent with his Oath to the people 1. YOu Object and we confesse that this oath to the Clergie must not be intended in a sense inconsistent with the Kings Oath to the people How Inconsistent with the Kings Oath to the people What All blind but Mr. Iohn Geree and his confederacy King and subject Preist and people composers approvers takers all dimme-sighted How came you to spie this foule mistake Surely this is one of your new lights for both these Oaths as you please to call them have happily stood and may long stand together There was a time when the devill had found a device to set God and Caesar at odds but our Saviour set them to rights Give saith he unto Caesar what belongs to Caesar and to God what belongs unto God That difference being reconciled that Arch enemie of man hath found out a late device to raise a quarell between Clergie and people as if the Liberties of the one could not consist with the Rights of the other But we have learned of our blessed Master to set these also at one and beseech his Majestie to give unto the people what belongs to the people and to the Clergie what belongs to the Clergie We desire nothing that is theirs and we are certaine that no good man will repine at what is iustly Gods or ours 2. It is Gods command to give every man his due And if any Law be made contrary to this it is no Law The reason is because all power i● from God and under God That Law then that God hath made man may neither abrogate nor alter it is onely in the Lords breast to do it Indeed what is settled by man may be changed or abolished by man But man must be carefull that the Law be just Lex enim non obligat subditos in foro conscientiae nisi s●t justa No Law binds a subject in case of conscience unlesse it be just Indeed it bind● them not to performance but to submission Though they be not bound to performe what is injoyned yet must they submit to what shall be inflicted since resistance is damnable Ro. 13. 2. 3. Since then it is onely the just Law that binds us to obedience it will not be a misse to set down what Laws are just and what not That a Law be just saith Thomas three ingredients are requisite first Power in the Law-maker 2ly the end that it be for the common good and 3ly the forme namely that all burthens and taxes be equally evenly layed upon the Subjects not more upon one then upon another but proportionably upon every man according to his estate Laws so qualified are just because impartiall 4. From hence we may safely conclude that those Laws are unjust where in the first place the Imposer wants authoritie 2ly When burdens are imposed that are not for the common good but for private interest gaine or glory 3ly When taxes or subsidies though for the publick good be unequally layed Or in the last place when Laws contradict Gods written Word For all Laws ought to be so framed vt illis quos
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 ●fficers the good Presbyters that preached up the Scottish discipline and doctrine of their priviledges indulged and duty inj●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 ●fficers as to vent heresie schisme or sedition If any Bish●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 ●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 Ple●● 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 un●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 aci●s ordinata a well-ordered Army there are Praepositi populo Praepositi Presbyteris Spirituall Governors of the people and some set over both people and Presb●ters Such were the Apost●●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
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