Supremacy Not in this kingdom it must be looked for some where else 17. Secondly Ea quae sunt Jurisdictionis pacis ad nullum pertinent nisi ad regiam dignitatem Those things which concerne Jurisdiction and Peace belong to none but onely to the Royall dignity The same he affirmes of restraint and punishment These then belong not to the Parliament since that cannot chalenge Royall dignity Where then is their Supreme power All power almost consists in Jurisdiction ordering of Peace and punishing offenders And all these are flowers of the Crown Yea the power of the Militia of eoyning of mony of making Leagues with forreigne Princes the power of pardoning of making of Officers c. All Kings had them the said Powers have no beginning If then all these and many more are peculiar to Soveraignty what is left for the Parliament Why surely if you will to be the Kings Supreme or chief Councell and his capitall Court This they are and this is an high honour to them being rightly used 18. Thirdly Omnis sub Rege ipse sub nullo Every one is under the King but the king is under none but God onely The Supremacy then must needs be in the king who is superior to all but the God of heaven And over the Supreme there can be no earthly superior To admit a comparative above the superlative in the same kinde is a solecisme not onely in Grammar but in reason and Religion Yet though no superior there may perchance be an equall to this supreme There may so but not within his own Dominions Rex enim non habet parem in regno suo The King saith the Statute hath no Peer in his Land And if Justice Jenkins may be heard he tels us that the Houses in Parliament confesse the King to be above the representative Body of the Realm They are not therefore his equals and so have no Supremacy When I can be perswaded that any or all the Members of the Body are equall to the Head then I shall be apt to beleeve that there may be two Supremacies in a Kingdom But I am confident that a wife may as safely admit of two husbands as a Kingdom of two Supremes For the king is Sponsus Regni that Husband who by a Ring is espoused to this Realm at his Coronation But a Ring is superstitious and husbands are grown out of date The onely thing in request is liberty to take or leave what and whom we please 19. But the Parliament is the supreme Court by which all other Courts are to be regulated what say we to that This I say that the Parliament is Curia capitalis the supreme Court of this Kingdom and yet his Court it is whose Courts the rest are It is therefore called Curia Regis and Magnum Concilium Regis The kings Court the kings great Councell yea and the kings Parliament Sir Rob. Cotton justifies it from the Parliament Rowles Henry IV. began his first Parliament Novemb. 1. The King began his second Parliament Jan. 20. And of Henry VII thus It is no doubt but he would have been found as frequent in HIS GREAT COUNCELL OF PARLIAMENT as he was in the Starre-Chamber And this very Parliament how oft have they called themselves The kings great Councell They are so and they are no more But why am I so carefull to heap up instances Your self call it His the Kings Parliament p. 2. and His Houses of Parliament p. 8. 20. If then in your sense we take the Houses without the King there is no Supremacy in them either severally or joyntly since they are but Subjects and the representative body of Subjects And under this consideration they cannot regulate other Courts unlesse the king give them power to do so But take the Houses with the king and then it is most true that there is a Supremacy in the Parliament and that it hath power to regulate all other Courts But this Supremacy it hath by and from the king and from no other We therefore professe with that learned Mr of the Law that the Parliament is the HIGHEST AND MOST HONORABLE AND ABSOLUTE COURT of Justice of England CONSISTING OF THE KING the Lords of Parliament and the Commons The Lords are here divided into two sorts viz. SPIRITUALL AND TEMPORALL When such an Assembly meets and each House and the Members thereof keep themselves within their proper limits I dare be bold to say that this Court is assembled as it ought for provision for support of the State in men and money and well ordering of the Church and Common-wealth and determining of such causes which ordinary Courts nesciebant judicare were not skilfull to determine These are the causes of such Assemblies 21. But truly when they are thus assembled I do not conceive that they have power to make or disanull all Laws at pleasure but upon just and necessary occasion For there is great danger in altering Laws without urgent cause Innovation in government makes an alteration in State sudden alterations are not for the safety either of bodies naturall or bodies politicke Observe what the mirror of his time K. Iames speaks We are not ignorant of the inconveniences that do arise in Government by admitting Innovasion in things once settled by mature deliberation And how necessary it is to use constancy in the upholding of the publik determinations of State For that such is the unquietnesse and unstedfastnesse of some dispositions affecting every yeer new formes of things as if they should be followed in their unconstancy WOULD MAKE ALL ACTIONS OF STATE RIDICULOUS and contemptible Whereas the STEDFAST MAINTAINING OF THINGS BY GOOD ADVICE ESTABLISHED IS THE WEALE OF ALL COMMON-WEALTHS There is often danger seldom pleasure in the change of Laws Truly since the Laws-have been neglected and varietie of Ordinances have supplied their roome We have been fed with the bread of tears we have had plentiousnesse of tears to drinke We are become a very striffe unto our neighbours and our enemies laugh us to scorne 22. That the King in Parliament doth usually make or alter Laws as the necessity of the times and common good of his Subjects require is no rare thing Yet this ought to be done with much care and deliberation that so nothing be enacted which may be justly greivous or destructive to his leige people Sithence according to your determination He cannot lawfully make any ingagement to any against the Laws and LEGALL RIGHTS of others Your reason is because that were not Cedere jure suo sed alieno a parting with his own but with other mens rights The same reason will hold against the Parliament Suppose we should grant what we may not that the King and Parliament are equals it follows necessarily that whatsoever is unlawfull for one is unlawfull for any other of the same ranke
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
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
King For the time that is already manifested to be at his Majesties pleasure And for the matter that is prescribed and limited by the King super praemissis tractare to consult and advise upon such things as the King nominates and prescribes And if credit may be given to Iohn Speede he tells us that the great Lawyers Judgments in King Richard II. time concerning orderly proceedings in Parliaments run thus That after the cause of such assembly is by the Kings Commandement there declared such Articles as by the King are limited for the Lords and Commons to proceed in are first to be handled But IF ANY SHOULD PROCEED VPON OTHER ARTICLES AND REFVSE TO PROCEED VPON THOSE LIMITED BY THE KING till the King had first answered their Proposals contrary to the Kings Command such doing herein contrary to the rule of the King ARE TO BE PUNISHED ASTRAITORS And he cites the Law books for what he saies Truly I am the rather induced to beleeve what Speed delivers because Sir Edward Coke gives us the reason why and how far forth the King relies upon his Parliaments The King saith he in all his weighty affairs used the advice of his Lords and Commons so great a trust and confidence he had in them Alwaies provided that both the Lords and Commons keep them within the Circle of the Law and Custom of the Parliament The reason why the King useth their advice is because he hath a great trust and confidence in them But alwaies provided that they keepe themselves within the Circle of the Law and Custome of Parliament But how if they deceive the Kings trust and abuse his confidence How if they break the Lawfull Circle and transgresse the Customs of Parliament How then What Speede hath recorded I have shewn you But what the King may do in this case I shall leave to the Masters of the Law to determine 13. Last of all the King regulates their consultations For in his breast it is whether their Bills shall become Laws or no. Observe though the advice and assent be theirs yet the power of Ordaining Establishing and Enacting is in the Soveraigne The Statute books shall be my witnesses THE KING by the advice assent and authority aforesaid HATH ORDEINED AND ESTABLISHED And again BE IT ENACTED BY THE QUEENS MOST EXCELLENT MAJESTIE with the assent of the Lords Spirituall and Temporall and the Commons c. Hence is it that they are called The Kings Laws And the King is called the head of the Law because from him it is derived from him the Law receives both life and force His breast is the Shrine or deske wherein all the Laws are stored up and preserved If any man make question of this present experience will satisfie him For do not the Houses at this day Petition His Majestie to make that a Law which they have voted Take their own words in that high Message sent to Holdenby house in March last We the Lords and Commons assembled in the Parliament of England c. Do humbly present unto your Majestie the humble desires and Propositions agreed upon by the Parliaments of both Kingdoms respectively Vnto which WE DO PRAY YOUR MAJESTIES ASSENT And that they and all such Bills as shall be tendered to your Majestie in pursuance of them or any of them may be ESTABLISHED AND ENACTED FOR STATUTES AND ACTS OF PARLIAMENT by your Majesties Royall assent Which words though very high do manifest that there is neither Majesty nor Supremacy nor power in this or any other Parliament to make or repeale Laws It is at the Kings pleasure to establish and enact them for Laws and Statutes or not This our neighbour Scotland sees and confesseth that Regall power and authority is chiefly IN MAKING AND ENACTING LAWS Declarat of the Kingd of Scotland p. 18. 14. From hence it appears first that there is no Supremacy in the Parliament without the King Secondly That the Supremum jus Dominii the supreme right of Dominion which is over laws to establish or disanull them is in the King alone For a Bill not established is of no force it is no Law 3ly that the King is the supreme Magistrate as you are pleased to call Him from whom all power of execution of Laws is legally derived And 4ly if the power of execution be derived from the King much more is the power to regulate For he that gives them power by his Commission to put the Laws in execution he gives them rules in the same Commission whereby they must be guided and sets them bounds which they may not passe If they transgresse either the King hath a legall power to revoke their Commissions and to dispose of them to whom and when he pleaseth Hence is it that all Courts and the Judges of those Courts are called the Kings Courts and the Kings Ministers of Justice And when we are summoned to appear in any Court of Justice the Processe runs Coram Domino Rege before our Lord the King because the Kings person and power is there represented And though His Majestie be over-born and against all Law and reason kept from his Courts of Justice yet in all Writs you are fain to abuse his Name though he be no way accessary to these lawlesse and illegall proceedings How these Courts have been regulated since His Majesties forced departure this Kingdom is very sensible and laments to consider it God amend it 15. Upon these grounds I argue thus They that are Subjects they that are suppliants they that owe obedience to an higher they that cannot lawfully convene or consult till they be called by another they that must dissolve their meeting at anothers command they that are to be regulated by another they that can onely advise perswade entreat but not enact a Law have no Supremacy But the whole Parliament sever'd from the King are Subjects are suppliants they owe obedience to an higher they cannot lawfully convene or consult till they be called by His Majestie at his command they are to dissolve their meeting by him they are to be regulated and without him they cannot enact a Law The Major is evident to every intelligent eye The Minor is demonstrated Sect. 6. 7. 8. 9. 10. 11. 12. 13. I must therefore upon these premises necessarily conclude that the Parliament in that sense you take it hath no Supremacy 16. That nothing may be wanting I shall give you the resolution of our Sages at Law concerning the Kings unseparable and incommunicable Supremacy that so all mouthes may be stopped Bractons resolution is this Rex habet potestatem jurisdictionem super omnes qui inregno suo sunt The King hath power and jurisdiction over all within his own Kingdom Plowden saith as much The King hath the SOLE GOVERNMENT of his Subjects Here is no man no Societie of men exempted all under the King and solely under the King Where then is the Parliaments
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
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
tangunt prosint nemini praesertim notabile afferant nâ—cumentum That they may be commodious for those whom they concerne and yet not be evidently injurious to others From these or the like grounds I find it resolved by the Sages of this Kingdom that the King may grant priviledges to any Corporation so they be not prejudiciall to some other of his Subjects 5. But wherein is the Kings Oath to the Clergie inconsistent with his Oath to the people Because his Majestie hath first say you taken an oath for the protection of the people in THEIR LAWS and liberties Their Laws The peoples Laws Who made them makers or Masters of the Laws Do the people use to make Laws in a Monarchie Behold all are Law-makers Who then shall obey None but the Clergie Thus the Clergie must obey the people and if obey then please For whom we obey them we must please And yet there is much danger in pleasing the people For If I should please men that is the common people I were not the servant of Christ The plain truth is the Laws are the Kings Laws so we call them and so they are and his subjects must observe them Otherwise he beareth not the sword in vaine The Liberties indeed are the peoples granted and confirmed unto them by the Soveraignes of this Realme But wherein will the latter Oath be a present breach of the former and so unlawfull One would think here were some great wrong offered to the people as if some immunities or means were taken from them and transferred upon the Clergie by this Oath But when all comes to all it is no more then this that One of the priviledges of the people is that the Peers and Commons in Parliament have power with the consent of the King to alter what ever in any particular estate is inconvenient to the whole I had thought that this priviledge you speake of had not been a priviledge of the people but of the Parliament that is of the Peers and Commons representees of the people met in a lawfull and free Parliament with the Kings consent Not of the representees of the people alone But you would faine incense the people a new against us under a pretence that all is for their good and for the maintenance of their priviledges because they are represented by the House of Commons Whereas the truth is you endeavour to devolve al upon that House for the erection of Pâ—ssbytery That so both Church and State may be Democraticall both settled under a popular government 6. Let us take a view of this passage and see what truth is in it One of the priviledges of the people is say you that the Peers and Commons in Parliament HAVE POWER TO ALTER what-ever is inconvenient How the Lords will take this I know not though of late they have been so passive Can they endure that their power should be onely derivative and that from the people Your words are plain one of the priviledges of the people is that the peers have power As if the Lords had no power in Parliament but what issued from the peoples priviledges Why then are they called Peers when they are not so much as Peers to the people but their substitutes if not servants Surely you lay the Lords very lowe And if it be one of the peoples priviledges that the Lords have power then is it also one of their priviledges that the Lords have no power that the people may take it from them when they please Cuius est instituere ejus est destituere they that can give power can also take it away if they see good This of late hath been usually vaunted against the House of Commons and you say as much to the House of Peers Whereas the peoples priviledges are but severall grants of the Kings of this Land proceeding meerly from their grace and favour Alas the people hath not so much as a vote in the Election of Peers neither have they liberty to choose Members for the house of Commons no not so much as to meet for any such purpose untill they be summoned by the Kings Writ So the peoples priviledges depends upon the Kings summons no such priviledge till then 7. And whereas you say that the Peers and Commons have power to alter what-ever is inconvenient You are much mistaken When by the Kings summons they are met in Parliament they have power to treat and consult upon alterations as also to present them to his Majestie and to petition for such alterations where they see just cause But they have no power to alter that is in the King or else why do they Petition him so to this day to make such changes good as they contrive Hoc est testimonium regiae potestatis vbique obstinentis principatum This a full testimonie of the Kings power in all causes and over all persons that the Lords Commons Assembled in Parliament are faine to Petition for his Royall consent and confirmation before they can induce an alteration The truth is the Power of making laws is in him that gives life to the Law that enacts it to be a Law not in them that advise it or Petition for it Where the word of a King is there is power it is his word Le Roy Le Vâ—lt that makes it a Law then t is a Law and not before No power makes it a Law but his For he doth whatsoever pleaseth him When it pleaseth him not when it pleaseth them many times therefore he rejects Bills agreed by both houses with his Roy ne veult the King will not have them to be Lawes The reason is given by that renowned Justice Jenkins because the Law makes the King the onely Judge of the Bills proposed I counsell thee therefore to keep the Kings commandment or to take heed to the mouth of the King and that in regard of the Oath of God That is saith the Geneva Note that thou obey the King and keep the Oath that thou hast made for the same cause This is agreeable to Scripture And the wisest of this Kingdome not long since acknowledged that without the Royall consent a Law can neither be complete nor perfect nor remaine to posterity A Law it is not it binds not till the King speak the word Yea the Kingdom of Scotland hath declared that the power of making Laws is as essentiall to Kings as to govern by Law and sway the Scepter Declar. of the Kingdome of Scotland p. 34. 8. But if this be the peoples priviledge that the Peers and Commons in Parliament have power WITH THE CONSENT OF THE KING to alter what is inconvenient Whose priviledge is it I pray you for the Lords and Commons without the Kings consent to make alterations and abrogations with root and branch This is no priviledge of the people nor yet of the Houses Because as Justice Jenkins observes it is against
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 Clergie besides their Orders priviledges and immunities besides their Jurisdiction and revenues And yet all all these you expose to the mercie of a Parliament But in good sooth do you think that if it be lawfull for a Parliament to alter or abolish any particular Laws of the Land that therefore it is lawfull to take away all that the Clergie have or should have Indeed this is something answerable to the proceedings of these times It would sound very harsh if it were thus resolved It is lawfull for King and Parliament to abrogate any of the Laws of the Land It is therefore lawfull for them to abolish all the Laws of the Land And yet this is your manner of arguing As if a particular included the generall as if any were equivalent to all Which is apparently false for universals are of a far larger extent then these individua vaga uncertain notions Though all comprehend any yet any comprehends not all For lawfull it is not to subvert the fundamentall Laws therefore not all This were to raze the foundation of the Kingdome Were this justified of any particular Corporation or body politick besides the Clergie it would not be indured Oh how would the Citizens of London storme if we should conclude thus It is lawfull to take away any of the Laws of the Land and therefore it is lawfull to take away all the Rights of the City of London Yet let wise men judge if this be not your argument right But the Clergie is become the asse of the times it must bear all or sink under the burden 16. But you say that this is to be done by just power in a regular way Well and good But can that be a just power which deals unjustly For Justice gives to every man his own according to Gods Command Render to every man his due The Law of God we confesse to be the Supreme Law Whatever then is done against the Law of God cannot be just Yea though it be done by a Law no Act can justifie it since a Law contrary to Gods Word is no sooner made then void I speak to Christians But with you the Law shall be valid though injurious To the injuriousnesse of this Law I shall submit because a subject but never acknowledge any validitie therein because a Christian 17. By a just power we see this cannot be done how then shall it be done in a regular way A regular way as you conceive you have set down wherein any Law of the Land may be abrogated And that is upon the motion or with the consent of the Parliament How comes this to passe Because the Parliament consists of the head and the representative body of the whole Kingdome And who are these First the King who is the head 2ly the Lords spirituall and temporall and 3ly the Commons But the Parliament is maimed of late 1. The House of Commons represents the greivances of the Countrey 2. The House of Lords advise his Majestie with their counsell and propose for the common good what they conceive meet 3. It is in the Kings power to assent to these proposals or to disassent to make them Statutes or no Statutes And that the Crown may receive no detriment the King hath the Judges of the Land his Councell and other Officers of State present to prevent such mischiefes The Lords take care of their Lands and honors that they be not damnified by any new Law The Knights and Burgesses by the severall Counties and Corporations are intrusted with such things as concern their generall or particular good And all are to take care for the good of the Church the common mother of us al. In these things every man doth or ought to provide that all things be so done for the Common good that if it be possible nothing be done to the prejudice of any 18. And reason for it for as by one Spirit we are all baptised into one body spirituall or mysticall so by the goodnesse of God we all are under one King incorporated into one body politick But the body is not one member but many Indeed if it were all one member where were the body And God hath so tempered this body together that every member hath need one of another and those which seem to be most feeble are necessary All this was done by the great wisedome of God that there might be no divisions or distractions in the body but that the members should have the same care one for another Thus God hath knit us together with the bonds of a mitie and necessity that we might love one another sincerely But Charity is so farre from doing wrong that she seeketh not her own Which is thus to be understood according to S. Austins expression Quia communia propriis non propria communibus anteponit Because Charity prefers the Common good before her own private interest and not her own private interest before the Common good Where this love is ther 's the Common-wealth But what state is that Kingdom in where they that are intrusted by the publick seeke their own and indeavour with might and maine to make that theirs which is none of theirs Where under pretence of the Common good they ingrosse all into their own clutches Is not this the crying sinne the grand Monopolie of these times 19. The regular way to abrogate any of the Rights of the Clergie or Laity is at their own motion or consent made and delivered by their representatives in Parliament or Convocation Henry VIII with Cromwell and the rest of his blessed Councel after banishment of the Popes power knew not which way to make a title to Monasteries with their lands and goods but onely by grant and surrender of the Abbots With them therefore he labours by his great and active servant Cromwell who prevailes with some by promises and large annuities with other by violence and the sword as is manifested by Master Spelman in the Preface to his ever honoured fathers book De non temerandis Ecclesiis The Statute therefore 31. Hen. VIII C. 13. tells us that These Grants Surrenders c. were made FREELY VOLUNTARILY AND WITHOUT COMPULSION to the King his Heires and Successors What ever the truth be this was the onely legall pretence they could devise And this is the onely course you can take to make a plea in Law to the Church-lands You are faine therefore at last to perswade the Clergies consent p. 5. But of that in due place 20. In the mean space thus much by the way Either we are subjects or no subjects If we are subjects then ought we to have the liberties and priviledges of subjects whereof this is one that not so much as a Subsidie or a little Ship-mony be taken from any one of us without our assent yeelded either by ourselves or by such as we put in trust And this present Parliament
messengers and makers of peace would never have passed a Vote for war 2. But what were the motives that wrought upon His Majestie to yeeld to have the Bishops turned out of that House wherein they had voted from the first day that ever Parliament sate in England And before ever there was an House of Commons they had their Votes in the great Councels of the Kingdom as Sir Robert Cotton manifests in his Treatise that the Soveraigns person is required in the great Councels of the State p. 3. c. If at any time they have been forced out of these Parliaments or great Assemblies it hath been with so ill successe that with all possible speed they have been recalled Will you hear the motives Surely they were the very same that drove the King from Westminster and London I remember the Clothiers were perswaded in a mutinous manner to cry down the Bishops votes because they had no market for their clothes And now they cry out that they want wooll to make clothes Is not this the blessing they have gained by that hideous and senselesse out-cry 3. But why was this privilege abolisht as incongruous to their calling Are Bishops unfit to advise or assent in framing Laws Surely they are rationall men and learned men By reason of their age and offices which they have heretofore passed thorow they must needs be men of much experience And it is to be presumed so many for so many as conscionable and as much for the common good as any And such men are most fit to prepare and commend Laws for and to Kings For I have learned that this is a strong argument in Law Nihil quod est contra rationem est licitum Nothing contrary to reason is lawfull For REASON IS THE LIFE OF THE LAW nay the COMMON LAW it self IS NOTHING ELSE BUT REASON Which is to be understood of an artificiall perfection of reason gotten by 1 long studie 2 observation and 3 experience and not every mans naturall reason for Nemo nascitur artifex no man is born Master of his profession Against reason therefore it is that men of long study much observation and experience should be excluded from voting in matters of such high concernment And some men that have scarce any of these should be admitted as if they were born wise or gained State-experience by hawking or hunting 'T is true that Senatore sons might be admitted to the government of the Common-wealth before they were five and twenty yeers of age but before they were twenty and five yeers compleat they could give no suffrage among the rest of the Senators though Senators This was the wisdom of that thriving Roman State 4. Now give me leave to enquire more strictly what it is that is incongruous to the calling of Bishops Is it to sit in the House of Peers or to Vate in the House of Peers or both That the Lords Spirituall have sate and voted with the Lords Temporall cannot be denied The Acts of Parliament speak it from the first Session to this last Let it not be thought incongruous for Bishops to sit with the best of Subjects They sate at Constantines own table Nor to be numbred among Peers The prophecie saith that they may be made Princes Nor to vote in matters of State since usually they are men of great Learning of much experience observation and conscience Such as fear God honour their Soveraign and love their Countrey with-out by ends Such they are and such they ought to be And though sometimes there be a Judas among the twelve yet is the Calling never the worse 5. Had it been incongruous to their Calling Melchisedech that was both King and Priest had never been a type of our Saviour The Law of God and Nature abhor that which is incongruous Had it been incongruous to the Priesthood God had never made Moses and Eli Governors of his people in temporall affairs for they were both Priests Jethro Priest of Midian was of excellent use to Moses in State affairs And it may not be forgotten that King Jehoash thrived as long as he hearkned to Jehoiada the High Priest But when he sleighted the Priests counsell he suddenly fell into the extremest miseries 2 Chron. 24. 21. 23. c. Our Histories will likewise tell you how K. Henry VII prosper'd by applying himself to the advice of his Bishops Morton Denny Fox and others And how his Son K. Henry VIII never thrived after he turned his ears from the counsell of his Prelates And yet he excluded them not from Parliaments he could not be drawn to that Sure had this been incongruous to their calling your fellow Ministers of London would never have granted that two distinct offices may be formally in one and the same person as Melchizedech was formally a King and Priest I. D. p. 212. 6. A wonder it is that you your faction should spie thiâ— incongruitie which was never discerned by the wisest of our fore-fathers The Writ which summons the Parliament runs thus Rex habiturus colloquium tractatum cum Praelatis Magnatibus Proceribus The King intending a Conference and Treatie with his Prelates and Great men and Peers This Writ as some report was framed under K. Henry III. and is continued in the same terms to this day And yet no incongruitie discerned in it till ye came in with your new Lights which issue from your light brains But now the Bishops must no more vote no not sit in Parliament because you forsooth conceive it to be incongruous to their calling But will any wise man take your word for a Law or imagine it to be more authentick then the resolutions of all our fore-fathers You have no way to finger the Bishops lands and Jurisdiction but by turning them out of the House This this was it that moved you to charge their presence in Parliament with incongruity 7. The Lawyers tell us that the Writ of Summons is the basis and foundation of the Parliament And if the foundation be destroyed what becomes of the Parliament Truly it falls saith Justice Jenkins according to that maxime both in Law and Reason Sublato fundamento opus cadit the Foundation being taken away the work falls If then it shall be proved that you endeavour to ruine the Foundation the Writ of Summons it must necessarily follow that you endeavour the ruine of the Parliament By the Writ the King is to have treatie with his Prelates But you suffer him to have no treaty with his Prelates Where then is the Writ Nay the Bishops are quite voted down root and branch How then shall he treat in Parliament with those that have no being The Lord commands the Ark to be made of Shittim-wood If there had been no Shittim wood the Ark could not haue been made If there be no Prelates where 's the treatie Where the Parliament It will not serve
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
I will not say that you are Hereticks in this and in other your new-forged doctrines invented to subvert Monarchy and Episcopacy But I shall tell you S. Austins opinion and so leave you to the opinion of the world He in my conceit is an heretick saith that Father who FOR ANY TEMPORALL COMMODITIE and chiefly FOR HIS OWN GLORY AND PREFERMENT doth either raise or follow false and new opinions And are not pelf honour and preferment the cause of all these fidings and seditions in Church and State If these times speak it not I am deceived As for your opinions it hath been sufficiently manifested that they are both false and new 9. Be your opinions what they will their immunities and rights must down or you will fail in a Dilemma The Clergie say you either hold their rights and immunities by Law or otherwise This is not to be denied But what follows upon this If by Law then the Parliament which hath power to ALTER ALL LAWS hath power to alter such Laws as give them their immunities and those Laws altered the immunitie ceaseth and so the Kings ingagement in that particular If not by Law it is but an usurpation You say it and we grant it For truth it is that we claim no rights and immunities but what the ancient and Christian Laws of this Realm have confirmed unto us by Act of Parliament 10. You say that the Parliament hath power to alter all Laws What if a man should say that this assertion is not true I conceive it were no blasphemie Indeed it is a blasphemous position to broach the contrary None but an Atheist dares justifie that the Parliament or any mortall Soveraigntie hath power to alter either the Law of God or the Law of Nature And yet these are Laws And who but an enemy to his Countrey and a friend to confusion dares affirm that the Parliament hath power to alter the Monarchicall or fundamentall Laws of this Kingdom I am sure Justice Jenkins resolves that by the Law of the Land a Parliament cannot alter any morall Law 11. Give me leave to propose your own Argument in terminis in behalf of the City of London The Citizens of London either hold their rights and immunities by law or otherwise If by law then the Parliament which hath power to alter all Laws hath power to alter such Laws as give them their immunities and those Laws altered the immunity ceaseth If their immunitie be not by Law it is an usurpation without just title which upon discovery is null How like you this my rich Masters of London Hath not Mr. Geree set you in the sleep way to ruine But ye may perchance have a confidence that the Parliament will not serve you so Be of that minde still The power it seems is in their hands how they will use it towards you I cannot say How they have used it towards us and towards our good Soveraign ye know And can ye look to fare better Remember what our Saviour saith The servant is no greater then his Master If they have persecuted me they will also persecute you As they have used your Lord and King they will use you The courtesie ye are like to find is that which Vlysses had from Polyphemus to be their last breakfast 12. Well upon the alteration of the Law the immunitie ceaseth and so the Kings ingagement in that particular An Ordinance of Parliament hath absolved many a subject from his Oath of Allegeance and now we shall have a Law to absolve the King from his Oath of protection But I am sure no Law can absolve him from a duty inherent to his Crown And such is the duty of protecting his Subjects from oppression and the Church from sacriledge You cannot therefore possibly absolve him from this ingagement Besides it was never conceived that an Ordinance was of sufficient force to alter a Law The Kings ingagement therefore stands as yet in this particular 13. But suppose there were such a Law as you-speak of could it be just I have learned from your London Ministers that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Law is so called in Greek from rendering to every person what is just meet equall In very deed as the great Lawyers speak Jus idem est quod justum aequum The Law is nothing else but that which is just and right If it be otherwise it is not jus but injuria an injurie but no right You are pleased to acknowledge our privileges to be our rights How then can they be taken from us without injuriâ—â— And it is not lawfull with the supreme Judge for any Prince or Court to deal injuriously with the meanest that are subject to them Justice it is to give to every man his own Injustice then it must needs be to spoil any man of that which is his either by the Laws of God or man Suppose us to be in equall balance with our fellow Subjects and that we have no other right to our lands and privileges but by the Laws of the Realm what reason can be given why we should not peaceably enjoy what is ours by the Law of the Land as well as the rest of our fellow Subjects We have the same right and why not the same protection CHAP. XIV Whether the Lands of the Church may be forfeited by the misdemeanour of the Clergie 1. VVE shall have reason to work us out of our rights and Law to turn us out of the Kings protection But such reason and Law as may with much ease and more equitie be returned upon your selves Your reason is this because these rights were indulged to the Clergie for the personall worth of present incumbents If therefore their successors forfeit them by their ill demeanour these rights may be taken from them This is easily resolved not so easily proved For the truth is these rights were not given to particular persons but to a succession of Bishops and Priests and other Officers for Gods service Or rather these lands and privileges were given to God and the Church for the maintenance of these offices My unworthinesse makes not the office the worse neither can my wickednesse make a forfeiture of Gods inheritance I may with Abiathar justly be deprived of my place and the benefits thereof but the place and the rights thereof fall not into a Premunire a good man even Zadok succeeds this traitor Abiathar and enjoyes not onely the office but all the profits that belonged thereto This was Solomons justice he knew how to distinguish between the faultie Priest and the faultlesse office But you are a rooter if a twig be in fault up with bâ—aiâ—h and root This is your justice But it is far from the juâ— Judge of all the world to root up the righteous with the wicked And surely we ought to endeavour to be righteous and just as our heavenly Father is just 2. Have you
a desire to know what true justice is It is that Quam uniformen ac simplicem proposuit omnibus Deus not what we fancie but what to all men God hath proposed uniform and alike plain and simple such as can admit of no cavill or misconstruction Where this true justice is wanting there can be no Law no right For that which is done by right is done by Law And that which is contrary to right is contrary to Law Nothing can be according to Law but what is according to justice For justice is that which gives lifâ— being to a Law And to say that this or that is an unjust Law is a flat contradiction since it is jus à justicia Law hath the Latin denomination from justice and the Greek from rendering to every man what is just and meet And the Latin word Jus signifies both Law and Right An unjust Statute therfore there may be an unjust Law there cannot be Nâ—n enim jura dicenda suâ—t vel putanda iniqua hominum constituta for the unjust Constitutions of men are not to be called â—r esteemed Laws And they that frame unjust Decrees are not Princes but tyrants neither are their Subjects Free-men but slaves Neither can the State they live in be called a Common-wealth since as Scipio Africanus observes and S. Austin approves Respuplica and res populi the Common-weal and the weal of the people are one and the same And then is it truly a Common-weal Cum benè ac justè geritur when it is fairly and justly governed either by one King or by a few Noblemen or by all the people But where the Government is unjust there 's no Common-wealth It is S. Austins Vbi justicia non est non est Respublica Take away justice and farewell Republick For how can that be for the generall good of all where justice is not equally distributed to all of whatsoever profession 3. But there 's a great deal of difference say you betweene an ingagement made to persons on valuable consideration and that which is made gratis to an office or society subservient to publike good So much difference indeed there is that the setling of land upon a corporation is more firme then any entaile upon a familie because persons dye but Corporations live If gratis make the difference in your opinion it makes none in Law For that land â—â— as much mine which is conferred upon me by deed of gift as that which is conveyed to me by purchase What difference I pray you between lands purchased by the society of Goldsmiths and such as are freely given to that Company Are not the later as much theirs as the purchased lands Are they not alike settled by the same Law justified alike by the same Law And of this very sort is this ingagement to the English Clergie And never a whit the worse for that For of this sort is that magnificent maintenance which was settled upon the tribe of Levi by God himself all given gratis And of this sort are the ingagements made to them by Darius King of Persia And yet whosoever shall ALTER this word let the timber be pulled down from his house and being set up let him be hanged theron And for this let his house be made a dunghill And the God that hath caused his Name to dwell there destroy all KINGS and people that shall put their hand to ALTER and to destroy this house of God Of this sort also were the silver and gold which were freely offered by King Artaxerxes and his Counsellers by the Preists and people to the God of Israel for the house of God Of this sort also was the relaxation of all toll tribute custome to the Preists and Levites a free gift And yet Whosoever will not do the LAW OF GOD AND OF THE KING in these things let judgement be speedily executed upon him whether it be 1 unto death or 2 to banishment or 3 to confiscation of goods or 4 to imprisonment And was not this priviledge granted for the grace and favour that Shesbazzar and Ezra found in the eyes of those Kings Or if you will for their personall worth And yet this grant is called not onely the Law of the King but the Law of God and delivered so to posterity by Ezra aready scribe in the Law of Moses and the penman of God 4. Suppose we also that these rights were indulged for the personall worth of the present incumbents may they therfore be alienated because some succeeding officers demean themselves amisse So say you but you are wide of the marke These lands and immunities were not made to any particular persons but to the office or society or to God for their use What is given to a person for life goes not to the Office but dyes with the person But what is settled upon an Office lives with the Office And I have manifested that Episcopacy is a living Office an Office that must last while Christ hath a Church on earth Persons may forfeit their place and the benefits arising from thence to their incumbency but the Office if necessary must continue Judas by transgression fell from his Office but the Office fell not with him no another a Saint may and must take his Bishopship or Apostleship and the Rights that belong thereto 5. However then some such favours may be granted to an Office with relation to the personall worth of the present incumbent yet being given to promote the usefulnesse of the Office it shall be no movable it is fixed as the Lawyers speak to the freehold and shall abide till the Office be found uselesse and therefore abolisht But till then it is injustice to alter or alienate those rights without which the usefulnesse of that Office cannot be so well promoted Injustice it is to take that away which you never gave and is so usefull for the Office let the Officers fault be what it will It is wild work to punish the Office for the person This is none of Gods course o The sons of Eli were as bad as bad might be God destroyeth them but not the Office neither yet doth he fleece it But before I passe further I must make this observation The quarrell you picke with the Clergie to rob them of their lands and priviledges will suite with any society or Corporation If it shall please your great Masters to say that the Drapers or Grocers or that great Corporation of London have so demeaned themselves that they have forfeited their lands and immunities up they go they shall be in the same state with us They that uphold their power by the sword do usually what they list not what they ought If Parliaments might utterly be abolished for misdemeanour and miscarriage I presume this Iland should never see another Parliament 6. You speake largely of the Parliaments
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 power If then it be not lawfull for the King neither is it Lawfull for his great Councell to take away the legall rights of others against Law And therefore not the legall Rights of Bishops Deanes and Chapters or any other of the Clergie For by the Laws of the Land we have as firme an interest and as true a freehold in those possessions wherein to we are admitted or inducted as any other of his Majesties subjects have in theirs Boast not of your power power must attend upon Justice not go before it nor over-rule it Iâ— Justice take place it is a judiciall a just power but if power over sway Justice the Government proves tyrannicall 23. As for the power of making Laws we must know that by the Common Law which is guided by the light of nature and the word of God that power is acknowledged to be in the King Who is legâ—â—us superior as Fitz harbert speaks above the Law But the Soveraignes of this Realme to reitifie the tender care they have of their peoples welfare and the desire they have to injoy their love have so far condescended in the Stature Law that they will not henceforth do so without the advice assent of the Houses This is not to give them a Supremacie but to admit them to advice This is the way to win the most refractary to submit to those Laws whereto they have given consent either in person or by proxy Besides what is concluded on with good advice by Common consent and hath the opprobation of diverse wise learned and religious persons gives better satisfaction to all in generall then what is done by one alone be it never so well done And yet to this day the power of ordeining establishing and enacting Laws is reserved wholly to the Crowne Most of these Statute Laws are as so many Royall legacies bequeathed to this Nation by the severall Soveraignes and Fathers of this Countrey Not a Liberty or priviledge not any Land or tenement but is originally derived from the Crowne Such hath been the goodnesse and bounty of our Princes to us their unworthy subjects All we have is from them and now we take all from them Is this gratitude We serve God and the King alike we are resolved to seize upon all that is called sacred And I have learned that not onely the Kings house but his very lands are called in Law Patrimonium sacrum the holy Patrimony Is not this that sacra fames that sacred hunger which is so greedy of all that is called sacred 24. Brand not us poore Clergie-men with foule and fained aspersions delude not the People with false forged suggestions Whose legall priviledges or rights have we invaded or sought after When did we ever desire or perswade his Majestie to do the least injurie to people or Parliament Your own conscience clears us in the generall And your own profession is that you cannot but have a better conceit of the major part of the Clergie at this time that they will not be so tenacious of their wealth and honour as tâ— let the Crowne run an hazard If then we will and have parted with that which is justly ours rather then in the least manner we would prejudice the king or wrong our own consciences certainly we cannot perswade the king to make any ingagement to us against the Laws and legall rights of others If any particular person have offended in this kind we make no Apologie for him upon just proofe let him have a legall censure This Kingdom cannot but take notice that we have been so far from incroaching upon others that we have parted with uâ— own rights though not with Gods We have deserted all we had to preserve a good conscience This is truly cedere jure suo to part with our own that we may not faile that trust which is committed to us We justifie Gods right and lose our own 25. We confesse that the king is bound to maintain the legall priviledges of people and Parliament but not so as to destroy Gods rights or the priviledges of his Ministers That be farre from him Suum cuique the true Princely justice is to be just to God and man to give God what is his and impartially to his subjects what is theirs as also what truly belongs to them in their severall places and professions His Majestie knows full well that the liberties of the Subject the priviledges of Parliament and rights of the Clergie have long consisted and prospered together Take away the Vine and the Elme will beare no fruit take away the Elme and the Vine will fall to the ground and be trod to durt 26. That the King hath been alwaies ready to confirme needfull not wanton not malicious not destructive Bills cannot be denyed by any of his impartiall conscionable subjects The quarrell raised against him is because he will not suffer Gods inheritance and the Churches patrimony to be devoured because he will not endure Gods service and all Religion to be trampled on because he end eavours to releive his poore people the Clergie against whatsoever greivance they suffer or threatned to be enforced upon them The same favour he alwaies hath and is at this time forward to afford to all his good people and loyall subjects Yea even to those that are neither good nor loyall 27. But before I take my leave of your Case of Conscience I shall resolve you what a pious designe you have ventered on and what a rock you have run your self upon You will I hope like the better of it because it comes from that Law you most delight in The Statute saith when a man secular or Religious slayeth his Prelate to whom he OWETH FAITH AND OBEDIENCE it is Treason If then it be Treason to slay the Prelate what sin is it to murder Prelacy certainly by how much the sin is greater to destroy the species all mankind then one particular man by so much is the Treason more heinous more abominable to kill Episcopacy then any one Bishop whatsoever And yet this you have endeavoured to the utmost of your power For this I shall leave you to the Law and to those whom the King shall send for the punishment of evill doers Pray we therefore for the safety of our Soveraigne and that he may with speed be restored to his throne for these times have made us sensible with Rabbi Chanina that were it not for fear of him alter alterum vivus devoraret one would devoure another quicke 28. Thus I think by this time I may safely conclude that it is sufficiently cleared that neither as a king nor as a Christian may his Majestie in Justice or conscience ingage himselfe or yeeld consent either to the extirpation of Episcopacy out of this Church of England or to the abrogation of the just priviledges of his Clergie or to the