plentiful and large against it in the Old Testament 2. Considering that whilst the Apostles lived they were so far from having Lands or Tithes or setled maintenance that they had not houses nor holes to put their heads in except they were in prisons and therefore then to write against taking away the Lands and goods of the Church when they had neither would have been accounted but a labour in vain and notwithstanding all this Saint Peter and Saint Paul the one by his sound Doctrine the other by his miraculous power have taught and admonished every good Christian enough whereby to avoid and beware of Sacrilege I will begin with the Doctrinal part Rom. 2.22 which is so plainly set down as before I made appear that all the best Divines doe and cannot but confesse from that Text that alienating the Church-Lands is a sin of an high nature and therefore utterly to be abhorred Acts 5. And what judgment hath passed upon this sin is as plain in the story and case of Ananias who for detaining but part of that which he had promised to God for the Church was suddenly struck dead which visible death sayes Mr Calvin on the place was Symbolum the fore-reckoning or fore-shot of the death eternal which saith he was just 1. to punish Ananias for so hainous a sin 2. to admonish allo after him For had not Saint Peter thus severely punisht this sin many saith Mr Calvin under colour of Religion would have been forward to have robbed the Church And now for close of all will you be pleased to compare the Sacrilege now intended and begun in selling the Bishops Lands with that of Ananias Where 1. he sold onely the lands which were his own but here that is taken away and sold that is Gods 2. He had but promised those lands to God but here in these lands God and his Assignes and Servants have for his use been in real and actual possession many hundreds of years 3. He there kept back but a part but here all must be taken away both root and branch 4. There probably he might think to keep back a part whereby to maintain himself his wife and family alive in the great persecution but here the rich and wealthy take them away thereby to joyn land unto land and Gods inheritance to their own possessions 5. It may well be conceived that as this Ananias was but one private man of no great note so that he might be of no extraordinary knowledge and understanding but more then probable that he being a New Convert from Judaism or Paganism was but a novioe in the Law of God or at least of Christ whereas they who take and sell these Lands are many selected and chosen as the wisest ablest most just in this great Kingdom and then how far this Sacrilege doth exceed that of Ananias in respect of the persons the matter the manner and almost all circumstances judge you And yet I may adde one circumstance more which doth heighten this fin as much if not more then any other for in the late Covenant you have sworn to extirpate Episcopacy which is the main and leading cause in the Ordinance wherefore the Lands of Bishops must be sold and not onely have you sworn this your selves but by threats and forfeits have urged even the Bishops themselves to take the same so that they who are to be spoiled and undone are urged contrary to Law Justice and Nature to swear their own extirpation O heavens O earth I had almost said O hell Did you ever hear the like In the Preface to the Covenant it is said that this Covenant is made according to the commendable practice of this Kingdom and the example of Gods people and I doubt not but it hath been Preached as it hath been Printed that this Covenant is warranted as agreeable to the Covenants in holy Writ and in the best Reformed Churches how truly this is spoken and printed I refer to that which Mr Nye Cov. with narrative p. 12. one of the Assembly hath printed where he saith It is such an Oath the like hath not been in any age or Oath we read of in sacred or humane Stories And I say that when this shall be proved by the Word of God by the example of Gods people and the commendable practice of this Kingdom that a few of the people without their Head did first covenant themselves and then by threats fears and punishments did compel all both head and tail to extirpate the Religion long setled by Law and confirmed by the bloud of many holy Martyrs against which nothing is brought in proof that it is repugnant to Gods Word and thereupon to take and sell away what was lawfully given to God for the maintenance of his Servants in the Church I say when this shall be proved I will take the Covenant both which will be ad Graecas Calendas that is as we say the morrow after Doomesday or never I have proved that alienating of these Lands in Gods Law is Theft and I have shewed Gods threats and judgments against this sin we have a proverb what need a rich man be a Theef for few but such cast in their lots for Christs garment and thereby to hazard the wrath of God and their own fatal execution The Philistims a people out of the Covenant of God 1 Chron. 6. yet for detaining but a while the Ark wherein the Law was kept were shamefully punished in their hinder parts and some with death which caused the living to restore what was unjustly taken with interest of much gold And when Moab and Ammon had consulted covenanted and voted utterly to take away Gods inheritance it so came to passe Psal 83. that after all the Church flourished and kept her own when Moab and Ammon were utterly extinct and laid in the dust which like consideration hath moved some as wise as pious never to mingle their other lands wlth the Churches inheritance and others as pious as wise never in Parliament to give assent to any Bils for the Alienation of Church-Lands It is conceived by many holy and learned Divines that the 74. Psalm was penned upon the robbing of the Temple at Jerusalem by Antiochus Epiphanes which if so then read and consider the sorrow confession and death of that Antiochus Now saith he 1 Macc. 6.12 I remember the evils that I did at Jerusalem that I took away all the vessels of gold and silver that were therein I perceive therefore that for this cause troubles are come upon me and behold I perish through great grief It is time you will say to conclude and I pray let it be with Prayer and such as Mr Calvin used in his Comment on Acts 5. Lord grant that as upon the sudden fearful punishment of Ananias his Sacrilege Acts 5.11 Fear came upon all the Church and upon as many as heard these things so the same or the like fear may strike all our hearts that so out of a true love and due honor to God and that we may escape the dreadful curses and punishments threatned and inflicted on this sin we may in time while it is called to day repent us of this and all other our sins and so obtain mercy and eternal life in Christ Jesus our only Lord and Saviour Be wise now therefore O ye Kings Psal 2.10 be instructed ye Judges of the earth Serve the Lord with fear and rejoyce with trembling Ver. 11. Kisse the Son lest he be angry and ye perish Ver. 12. The end Errata TItle Pag. And what is given to God is holy Ezek. 48. add in the Margin p. 5. l. 19. Matth. 10.1 40 41 42. Mark 9.41 John 13.20 p. 6. l. 17. dele Lev. 27.32 p. 9. l. 29. d. Ibid. p. 53. in mar p. 17. l. 7. for here r. hear p. 19. l. 14. Mat. 19.19 p. 32. l. 30. d. Exod. 23.2 r. Num. 16.38 p. 33. l. 33. Pro. for 25.20 r. 20.25 in mar p. 34. l. 31. for Ball. Catoples r. Bell. Staplet in marg p. 41. l. 11. for 3. r. 4. in mar p. 42.12 r. Gal. 4.15 p. 43. l. 29. r. abased p. 48. l. penul r. 47. in mar p. 52. l. 20. r. 25 Hen. 8. c. 20. in mar p. 55. l. 25. for Covenant r. Government p. 60. l. 4. r. Christ and S. Peter p. 61. l. penult r. Rom. 3.8 in marg p. 64. l. 33. r. 1 Sam. 22.18 p. 69. l. 33. r. Mat. 4.17 in mar p. 75. l. 26. for 5. r. 4. l. 29. for 8. r. 7. l. 32. for 9. r. 8. l. 36. for 9. r. 4. p. 76. l. 4. for 11. r. 12. p. 80 for 1 Chro. 6 r. 1 Sam. 6. n mar
the Land they bring not in absolute and partial trials by discretion CHAP. VIII That it is against the Prudence and Justice of the King and against his lawful Oath AS the selling Bishops Lands is against our Lawes which the two Houses and Kingdome by their severall Declarations Protestations and Covenants have solemnly bound themselves to maintain so it is against the Kings Prudence against his Justice and against his lawfull and just Oath It is against the Kings Prudence to devest and rob himself of those Immunities 25 Hen. 8.20 26 Hen. 8.3 and 1 Eliz. 4. 14 Ed. 3.4 5 Rights Profits and Revenues which the Law of this Land hath settled in the Crown as Collation of Bishopricks First-fruits and Tenths It is against the Kings Justice to take or make that away from his Heires and Successours which by our Lawes are justly and rightly granted unto them and these Rights the two Kingdomes of England and Scotland have sworn to maintain It is against his Justice to doe or suffer it to be done in respect of the Bishops to whom the King as the fountaine of Justice is bound to see Justice done as to his Subjects in general 2. Institut 1. but then considering from Sr Edward Coke that by our old Law-books the Church is ever under age and in the custody or guardian-ship of the King who is bound to maintaine and defend the Rights and Inheritances of the Church and that it cannot be agreeable to Right and Justice that Pupils under age through the negligence or default of the Guardians should suffer losse or disinheritance I pray well weigh whether it wil not amount even to a crying sinne in the King to doe or suffer such an injustice to be done to his Pupil the Church destitute of all help on earth save onely what she may justly expect from the King Solomon the wisest King on earth from the Spirit of God hath spoken it Enter not into the fields of the Fatherlesse for their Redeemer is mighty and he shal plead their cause with thee Prov. 23.10 11 And when you wel consider and weigh what an Oath the King hath taken at his Coronation you cannot I beleeve acquit the King of a flat perjury if hee shall assent to the selling away of the Bishops Lands But what I shal urge in this point is not so much to inform the King who I am verily perswaded by the illumination of Gods Spirit his frequent reading the holy Scriptures and by the Principles received from his most religious and learned Father of ever blessed memory is so fully satisfied and resolved that neither height nor depth nor any creature shall be able to separate or deterr him from the just defence of the Church as to let the world see that it was not as some ignorantly and uncharitably may term it pertinacity in the King not to assent to the destruction of the Church established but the dictate of a good conscience rightly informed And that it may well be so be pleased to hear and consider what how to whom where when the King swears For being to be Crowned King of England in the convention or presence of his Nobles Clergy and People in the Church the Bishop askes the King Sir will you grant and keep and by your Oath confirm the Lawes Customes and Franchises granted to the Clergy according to the Lawes of God The King answers I grant and promise to keep them Then the Bishop speakes to the King Our Lord and King we beseech you to grant and preserve to us and to the Churches committed to our charge all Canonical Privileges and due Lawes and Justice and that you would protect and defend us as every good King ought to be a Protector and Defender of the Bishops and Churches under his Government The King answers with a willing and devout heart I promise and grant that I will preserve and maintaine to you and the Churches committed to your charge all Canonical Privileges and due Law and Justice and that I wil be your Protector and Defender to my power by the assistance of God as every good King in his Kingdome by right ought to protect and defend the Bishops and Churches under his government Then the King at the Communion Table makes a solemn Oath in the sight of all the people laying his hand upon the holy Book and saith The things that I have before promised I shall perform and keep So help me God and the contents of this Booke Now I beseech you all good Christians judge whether this be not an Oath able with feare and reverence to bind the King to the performance For 1. it is taken by the King Gods Anointed 2. In Gods House the holy Church 3. At Gods holy Table 4. Upon Gods holy Book 5. Tendered by Gods Ministers the Bishops 6. In the presence sight and hearing of Gods people 7. To defend Gods servants the Bishops and the Church 8. With the imprecation of Gods curses and forfeiture of Gods blessings in case of not performance so that if ever Oath could truely be called the Oath of God this is it And yet if I mistake not there is somewhat more that adds strength to the Obligation of this Oath and that is That it is upon a contract betwixt the King and the Bishops for so the Oath is tendered to the King by and for the Bishops and from such a Contract and Oath if just and lawfull as this is who can absolve but he alone who is concerned and to and for whom the Oath and Contract is made which are onely God and the Bishops I have cast mine eye upon a Treatise touching the Kings Oath published by Order and written by Mr Geree Preacher of Gods Word at Saint Albans wherein hee goes about to perswade that the King without impeachment of his Oath at his Coronation may assent to the abolishing of Episcopacy I cannot without a great digression answer his Arguments which might easily be done from his own words and grounds but in stead thereof I shall set down his own words whence I hope it will appeare clearly that the King cannot saving that his Oath assent to the selling away the Church Lands His words are these The intention of that Oath is not against Legal wayes of change but against invasion of the Rights of the Clergy So that if selling the Lands of the Church be such an invasion then he professeth that the King by his Oath is bound from it and whether it be so or no in his sense and judgement heare himselfe speake in the same Treatise where he expresly saith To abolish Prelacy and to seize the lands of Prelates to any private or civil interest undoubtedly could neither want staine nor guilt So that by the plaine expresse verdict of this Preacher of Gods Word the King is proclaimed before hand to be a man of a stained and guilty conscience if he assent to the selling Church-Lands according
Patron of the Bishops Lands and our Common Law makes him the Churches Guardian and is the King bound to follow others who have not the like charge or duty on them and so defraud a Pupil whom by Gods and mans Law his own Oath and conscience he is bound to defend and maintaine The Bishop doing fealty the King holds the Bishops hands betwixt his owne which saith Sr Edward Coke from Bracton Britton and others shewes that the King promiseth him protectionem Instit 1. p. 1. Sect. 85. defensionem warrantiam And addes that this the King promiseth to him not as to a Subject but as to a Bishop and not to his person alone but to his possessions And this Sr Edward Coke cals Foedus from Fides and termes it Sacramentum Fidelitatis which therefore the King may not upon other mens judgements and consciences breake Consider I pray what the wisest King on earth counselled all Kings and others Be not rash with thy mouth Eccles 5.2 4. and let not thy heart be hasty to utter any thing or word before God but when thou vowost a vow to God deferre not to pay it for he hath no pleasure in fooles pay that which thou hast vowed And which comes home to the vow and thing vowed It is a snare to devoure holy things Prov. 25.20 and after the vow to make enquiry i.e. how to breake it Argum. 5 But the King hath assented to as much in Scotland thereby to gratifie his people there and why not then to doe as much for his Parliament in England Resp It cannot be denied but that the best of Kings as of other men have had their lapses but they are so far from being bound after the sight and sense of an error to fall into the same againe that on the contrary they are obliged to repent and eschew the like for ever 2. What the King in that case there hath done whether it were voluntary or compulsory suddenly or deliberately I cannot tell onely this I say if through passion ill counsel or the like he did that once there which should not have been done it followes not that hee may or should doe the like againe or here But 3. we are to understand whether the Bishops stood so enstated in their lands in that Kingdome as the Bishops doe in England 4. But especially to know whether the King stood bound to God the Bishops the Kirk of Scotland by the same or such Contracts Oathes Charters as he stands in England wherein if there be a difference as I verily perswade my self there is then it will not follow the King did it in Scotland therefore he may or should doe it in England Argum. 6 Yet Parliaments have alienated Bishops Lands whereby they may plead it as a Privilege to doe the like Resp I cannot say that one Act scarce an hundred years old can make or warrant a Privilege for no just Privilege can be induced but upon acts rightly and lawfully grounded And Mr Calvin from Saint Gregory saith De neces refor Eccles Chap. 4 5 6. Privilegium meretur amittere qui Privilegio abutitur So that if it be true which I laid down before that it is a sin to alienate such Lands then à factoad jus non sequitur Argumentum it hath been unjustly done therefore it may be lawfully done a Plough-man will say holds not Now to affix or conceive an inerrability in a Parliament is I hope more then the Parliament will assume to themselves we Protestants have denied it to the Church of Rome Ball. Catoples nay their own greatest Jesuits disclaime it in matter of fact But if a hundred years sithence the King in Parliament used this power to alienate Church Lands yet not much above forty years agoe 1 Jac. 3. in King James his time the Parliament without the King waved the having any such power or privilege For that Act shewes that the two Houses in Parliament had not power to hinder Bishops from making Leases to the Crown for above one and twenty yeares or three lives and how in this short time the Power and Privilege is so vastly encreased I know not except it be by the Sword which kind of Power as it was never held the best so it hath not ever proved long liv'd or I am sure not ever peacefull Belshazzar might have argued thus I use but those holy vessels which my father in a lawful war hath gained from a common enemy and left them so to me his Heir and Successour And did not the rebellious Israelites seem to plead the like Mal. 3. We doe but deteine the Offerings as our Fathers have done before us And doth God admit of these No their Prescription he useth as an aggravation of their offence saying From the dayes of your Fathers ye have departed from mine Ordinance Ver. 7. Dan. 5. Mal. 3.11 and therefore heare Gods sentence on both Belshazzar and Israel where the King is punished with losse of the Empire and a sudden fearful death and Israel is strooke with a lamentable destroying famine and such are Gods just rewards upon unjust Privileges and unlawful Prescriptions Argum. 7 But a Parliament may take away any mans lands in the Kingdome for this is an inherent and inseparable power of Parliaments Resp The Rule is good Id possumus quod jure justè possumus We are not truly said to may or can do any thing but that which we can or may justly doe Now if it be as before I proved against Gods and mans Law and Justice to sell away Bishops Lands then the Parliament may not doe it For the Parliament this Parliament often hath declared and sworn to maintain the Lawes of this Kingdom which are utterly against such Alienation The Jewes are told 1 Sam. 8. the King shall take their sons their fields c. and they shall find no help What I pray is the sense and extent of that power in the King Is it that by his just Right he might doe all that is spoken of him in that Chapter because it is said Ver. 10. this will be the manner and custome of the King so to doe Ask the Assembly of Divines at Westminster and I doubt not but they will tell you that if that King and Sanedrin and all Israel joyntly go beyond the Word of God and the Laws prescribed to them all their power could not save them from the guilt of sin nor reprieve them from Gods severe wrath When the lands were given as most were in the Saxon Kings times I dare say it cannot be proved that there was such power in the Nobility and people as to sell away the Church-Lands for the first large Grant or power of Parliaments was in Henry the Third's time and the same King it was that granted the Charter wherein is exprest that the Rights of the Church shall be ever inviolable Now if that Charter and those Parliaments say the