lesse then God onely That he is in the power or under the Command of God onely from whom he is the second and after whom he is the first Optatus saies as much Super Imperatorem non est nisi solus Deus qui fecit Imperatorem There is none above the Emperor but God alone who made him Emperor And what the Emperor was in the Empire the same is the King of England within his own Dominions For the Crown of England hath been so free at all times that it hath been in subjection to no Realm but IMMEDIATELY SUBJECT TO GOD AND TO NONE OTHER Hence is it called an Empire and the Imperiall Crown of this Realm 7. The Greeke Commentators are so full for obedience to Kings that they will not yeeld that an Apostle may be freed from this subjection This doctrine S. Paul justifies I stand saith he at Caesars Judgment seat WHERE I OUGHT TO BE JUDGED And after this appeal he resolves that no man not the President himself may judge him or deliver him to be judged by any other Nay after this the President himself might not release him So King Agrippa Had not this man appealed to Caesar he might have been set at liberty Are not these strong evidences of the Kings Supremacy That learned Grotius gives a sure rule whereby to know on whom the Supremacy is settled That saith he is the Supreme civill power cujus actus alterius juri non subsunt whose actions are not subject to any other mans censure or Law But such is the King Qui sub nullo alio sed sub solo Deo agit who lives in subjection to none but to God onely For who may say unto him what doest thou When therefore David had sinned he cries out unto the Lord In te solum peccavi against thee onely have I sinned thou onely canst call me to account Hence is that resolution of all the learned of this Church in the time of King Henry VIII among whom were Bishop Carnmer and Bishop Latymer Although Princes do otherwise then they ought to do yet God hath assigned NO JUDGES OVER THEM in this world but will have the judgement of them reserved to himself And the judgement of the great Lawyers in France is this Rex solus THE KING ONELY IS THE SUPREME LORD of all the Subjects aswell Lay as Ecclesiasticall within his own Dominions All other men live under judgment cum deliquerint peccant Deo peccant legibus mundi and when they offend they sinne against God and against the Laws of the Land 8. But I know you relye more upon the Laws of this Land then upon the Laws of God and upon our Lawyers rather then the Fathers and out best Divines I shall therefore transgresse my profession shew you what their opinion is This Realme say the Statutes is an Empire whereof the KING IS THE SUPREME HEAD and consisteth of the Spiritualty and Temporaâ—ty OVER WHICH THE KING HATH WHOLE POWER AND JURISDICTION Are you of this Realm or are you not Iâ—â—on be then are you either of the spiritualty or temporaâ—ty And if of either then wholly under the Kings power The whole power is his Why seek you to rob him of it Of this Realme the King not the Parliament is the Supreme head One head not two He that makes two Supremacies makes a Bul and he that seâ—â— two heads upon one body frames a monster 9. Indeed they are so far from having any Supremacy that they are Subjects as well in as out of Parliament When King Edward the Confessor had all the Earles and Barons of the Kingdome assembled in Parliament he cals them all his leige men My Lords you that are MY LEIGE MEN. Perchance you may say the King calls them so but that makes them not so You shall therefore have their own acknowledgement in Parliament thus We your most loving faithfull and obedient SUBJECTS REPRESENTING THE THREE ESTATES OF YOUR REALME of England Thus the whole Parliament united into one body False therefore is that proposition that the King is Major singulis sed minor universis greater then any and lesse then all the Inhabitants of this Realme For here the representative body of the three Estates of this Kingdome assembled in Parliament in their highest capacitie acknowledge themselves to be the Queens Subjects and her most obedient Subjects because to her they thus assembled did justly owe both subjection and obedience which none that are supreme can owe. And these are due to his Majestie à singulis ab universis from one and all from every one singly and from all joyntly 10. Secondly when they are assembled in Parliament they Petition as well as out of Parliament This is evident by the Acts themselves wherein we read that our Soveraigne Lord the King by the assent aforesaid and at the PRAIER OF HIS COMMONS The same words are repeated 2 Hen. 5. c. 6 9. And in Queen Elizabeths time the Parliament humble themselves in this manner That it MAY PLEASE YOUR HIGHNESSE that it may be enacted c. I might come down lower but I shall satisfie my selfe with Sir Edward Cokes report who assures us that in ancient times all Acts of Parliament were IN FORME OF PETITIONS Mr. Geree himselfe acknowledgeth they should be so now The King saith he may passe a Bill for the abolition of Episcopacy when HIS HOUSES OF PARLIAMENT think it convenient and PETITION FOR IT Either then the Houses have no Supremacy oâ— else they humble themselves too low when they Petition His Majestie But this Supremacy of Parliament is one of the new lights that were lately wafted into this Land in a Scottish Cookboate 11. Thirdly what Supremacy can there be in those that may not lawfully convene or consult till the King summon them and must dissolve and depart when the King command The Writ it self runs thus prelatis Magnatibus nostris QUOS VOCARI FECIMUS To the Prelates and our Nobles WHOM WE HAVE CAUSED TO BE CALLED And Sir Robert Cotton out of Elie Register tels us that Parliaments were assembled at first as now Edicto Principis not at their own but at the Kings pleasure And Sir Edward Coke assures me that None can begin continue or dissolve the Parliament but BY THE KINGS AUTHORITY And let me tell you that if his Majestie shall withdraw himself from Parliament it is not for your great Masters to inforce him to return but to pray his presence and to inform his Majestie that if he forbear his presence among them fourty dayes that then by an ancient Statute they may return absque domigerio Regis to their severall homes This is all they ought or may do 12. Fourthly whereas according to your words the Parliament is to regulate all other Courts the Court of Parliament is to be regulated by the
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
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
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