Master GEREE'S CASE of CONSCIENCE SIFTED. Wherein is enquired, Whether the KING (considering His Oath at Coronation to protect the Clergy and their Privileges) 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 year, 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 necessity of this Oath; as also Your Crown and dignity, and the goodliest Flower 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 Eclipse of heaven and the King of heaven, there was one, that durst acknowledge our Saviour's Kingdom; and in the full assurance of his title, preferred his petition to him as a King. And shall I be ashamed to do the like? I know, You are my only Sovereign 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 loyal affections, which are due to Your sacred Majesty, from Your poor, but most faithful Subject, Edward Boughen. To the intelligent READER. I Was entreated by a very good Friend to take Mr. Gerees Case of Conscience into consideration, and to bestow some pains in disclosing the weakness and foulness of his arguing. Truly I was willing to undeceive my seduced Countrymen, and ye ded to his request. The Treatise I find to be small, but dangerous. It aims at the ruin both of Church and Kingdom. It persuades the King, that his Oath as Coronation is a wicked Oath, and that he ought to break it. And then woe be to his Soul, and the Kingdom's safety. Yea he affirms it to be a I. D. P. 4. Vinculum iniquitatis, the bond of iniquity. Thus he hath knit up out most gracious Sovereign, with all His religious Predecessors, in the bundle of iniquity No sooner read I this, Psal. 39 4. but b my heart was hot within me; and while I was musing upon this, and the like blasphemies▪ the fi●e was kindled within me, and at the last I spoke with my tongue. c 2 Same 1●. 9 Why should this Shimei blaspheme my Lord the King? and d Psa● 89. 50. slander the footsteps of those anointed of the Lord, that have so long slept in peace? e 1. Reg. 2. 44. 45. Because he hath done this wickedness, the Lord shall return it upon his own pa●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 fierce Assembly man, and of great authority among them; and he will tell you, that f The fire of the Sanctuary p. 22●. God is tender not only of the safety, but also of the honour of HIS ANOINTED. In so much, that g Ib. p. 272. he hath made a law to all, not to revile the Gods, nor curse the Ruler of the people. Which Law (saith he) not only proh●biteth imprecations, and seditious rail which are an HELLISH IMPIETY, though it be but in word only, ●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. affirms h Nathan Ward p. ●lt. that besides the male administrations of Government by Magistrates themselves, there is no readier way to prostitute 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 clear the King's Oath from these foul imputations, I shall prove Mr. Geree to be involved i A●▪ 8. 23. in the bond of iniquity. And he that is so, k Ib v. 21. his heart is not right in the sight of God, l Ib. v. 23. he is in the very gall of bitterness Just in Simon Magus case. I shall therefore take up S. Peter's words, and advise him, to m Ib▪ v. 22. Repent of this his wickedness, & to pray God, if perhaps the thought of his heart may be forgiven him. If you conceiv●● I have ventured 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 paths. 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 I G. stands for Mr. John Gerees Case of Conscience. I D. for Jus Divinum regiminis Ecclesiastici. Sir Robert Cotton; for his Treatise, that the Sovereign's person is required in the great Counsels, or Assemblies of the State. His Majesty's 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 Episcopus. the people of England, the Laws and Customs to them granted by the Kings of England, you Lawful and Religious Predecessors; and namely the Laws, and Customs, and Franchises granted to the Clergy 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 Realm? 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 Clergy and the people? Rex. I will keep it. Episcopus. Sir, will you (to your power) cause Law, Justice, and Discretion in mercy, and truth to be executed in all your Judgements? Rex. I will▪ Episcopus. Will you grant to hold and keep the Laws and rightful Customs, which the Commonalty 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 Canonical Privileges, and due Law and Justice: and that you would protect and defend us, as every good King ought to be a Protector and Defender of the Bishops and Churches under his Government. Rex. With a willing and devout heart I promise and grant my part, and that I will preserve and maintain to you and the Churches committed to your charge▪ all Canonical privileges▪ and due Law and Justice: and that I will be your Protector and Defender, to my power, by the assistance of God, as every good King in his Kingdom by right aught to protect and defend the Bishops and Churches under his Government. Then the King ariseth, and is led to the Communion Table where he makes a solemn Oath, in sight of all the ●●op●e, to observe the premises, and laying his hand on the Book saith, The Oath. The Things, that I have before promised, I shall perform and keep, so p 〈…〉 me God, and the Contents of this Book. The Contents. CHAP. I. Whether the King may lawfully consent to the abrogation of Episcopacy. 1. CHAP. II. Whether the King's Oath taken at his Coronation, be an unlawful Oath. 4. CHAP. III. Whether Prelacy in the Church of England were an usurpation. 9 CHAP. IU. Whether the King may consent to the abrogation of Episcopacy, if so that calling be lawful. 18. CHAP. V. Whether ye have not bound yourselves by your Solemn League and Covenant to maintain Episcopacy. 22. CHAP. VI Whether the King, without impeachment to his Oath at Coronation, may consent to the abrogation of Episcopacy. 31 CHAP. VII. Whether the King may desert Episcopacy without perjury. 37. CHAP. VIII. Whether the King's Oath to the Clergy be injurious to his other subjects, and inconsistent with his Oath to the people. 41. CHAP. IX. How far forth, and wherein the Clergy is subject to a Parliament, and to what Parliament. 52 CHAP. X. Whether it be lawful for the King to abrogate the Rights of the Clergy. 60. CHAP. XI. Whether the Clergy and Laity be two distinct bodies, or one body Politic. That Churchmen in all ages had some singular privileges allowed them. 69. CHAP. XII. Whether to sit and Vote in Parliament be incongruous to the calling of Bishops. 78. CHAP. XIII. Certain light and scandalous speeches concerning Prince & Priest, tenderly touched. 87. CHAP. XIV. Whether the Lands of the Church may be forfeited by the misdemeanour of the Clergy. 93. CHAP. XV. Whether it be lawful to take away the Bishop's Lands, and to confer them upon the Presbytery. 104. CHAP. XVI. How far forth the King ought to protect the Church & Bishops. 114 CHAP. XVII. Whether there be two Supremacies in this Kingdom. 127 Mr. GEREES Case of Conscience SIFTED. CHAP. I. Whether the King may lawfully consent to the abrogation of Episcopacy. 1. I Find a Case of Conscience proposed by Mr. Geree, and this it is; a I. G. p. 1. Whether the King (considering his O that Coronation, to protect the Clergy and their Privileges) can saluâ conscientiâ consent to the abrogation of Episcopacy? But why (I pray you) is the question proposed here, when you have determined it before? For doth not your Title page speak thus? In this Case of Conscience it is cleared, that the King may, without impeachment to his Oath, touching the Clergy at Coronation, consent to the Abrogation of Episcopacy. Thus you have full magisterially determined, before the question be so much as proposed. Is this the fashion, first to resolve, and then to argue the case? This may be the course of Heretics; it is otherwise with good Catholics. But you are resolved to maintain, that a Christian may swear and forswear, without the least prejudice to his soul. 2. And your practice is accordingly; witness the Oaths of Allegiance and Supremacy; which you with your great Masters have taken more than once. And those of your persuasion have taken up Arms against their Sovereign Lord, without impeachment to their Oath of Allegiance; and maintain that b Mr. Challenor● Speech. The Parliament is subordinate to no power under Heaven, without any breach of the Oath of Supremacy. And yourself, like a good Preacher of God's Word, have taken the Oath of Canonical obedience to the Bishop; and yet endeavour the abrogation of Episcopacy, and the extirpation of that Order, from whence you had your Orders, and without which you could have had no Orders. 3. Me thinks, the Smectymnuans should not endure this Proposition, since with them a Bishop and a Presbyter are one and the same. Thus, while you endeavour to ruinate Episcopacy, you subvert the Presbytery, according to their tenets. I wonder much, how your case hath passed so long unsifted, and uncensured by the Divine Masters of your learned Assembly. 4. But I shall take it for your best advantage, as it is distinguished, or (as we say) a distinct order from Presbytery. I shall also take into consideration, the several motives, which you produce for the Abrogation of Episcopacy. 5. Whereof your first is this; that c I G p. 1. there is no hope of the Kings or Kingdoms safety, without an union between our King and Parliament. I must confess with anguish of spirit, as matters have been handled, the King and Kingdom are driven into a great straight; and an Union between our King and your Parliament hath been prayed for, and sought for by all commendable, or tolerable means. The hope left us is only in our God and Saviour, whose custom it is to d S. Luk. 1 51. 52. scatter the proud in the imagination of their hearts; to pull down the mighty from their throne, and to exalt the humble and meek. Thus can he e I●. v. 49. 31. show strength with his arm, and do great things for us. And this, I hope, in his due time he will do, and reduce this Kingdom from irreligion and sacrilege; and not cast off the innocent with the profane blasphemers. Oh, that we might beg that blessing from Heaven, to see a Parliament rightly regulated, religiously minded, and without any by ends of their own: f Ex. 18. 21. men of courage, fearing God, men dealing truly, hating covetousness. Such, as will not be g Ex. 23. 2. led by a multitude to do evil, or to subvert the truth. I am certain, we should then have an Union, a blessed Union between King and Parliament. 6. But by you it seems, that h That such an union is ●●n●●p●●si●i●e ●●p●●si●i●e, 〈…〉 the King condescend in the point of Episcopacy l. G. p. 1. there is now no probable or possible means of reconciliation left, in man's judgement, unless the King yield to the extirpation of Episcopacy. You should have added, unless he lay down his Lands, Royalties, and just Prerogatives at his Subjects feet: unless he abandon the wife of his bosom, and become a stranger to the Children of his loins: unless he sacrifice his friends to the malice of his foes, and the ruin of whole families to their avarice: unless he cast off the Service of God, that most excellent form of Common Prayer, and give up the houses and lands of God, and all that is accounted holy, to satiate their sacrilegious appetite. 7. But, in sober sadness, do you believe that the Abrogation of Episcopacy is that, they yawn at? You are mistaken, good brother, the Episcopal houses and lands, as also what ever belongs to Deans and Chapters, to Archdeacon's and Prebendaries, are the things they hunger and thirst after; they will wipe your mouths of all such morsels: as their Ordinances for the sale of such Lands have fully manifested. 8. And whereas you seem to be much troubled for his Majesty, lest i For the King to condescend renitente conscientiâ, though it might gratify us, it would be sinful to himself. I. G. p. 1. he should condescend renitente conscientia, against conscience, to gratify you in this kind, and to bring sin upon himself. Which you perceive, and in a manner confess, he must do, if he do, as you would have him: for you say, It would be sinful to himself. Thus you endeavour to persuade our Sovereign into sin, upon pretence to sin: how you can salve it, we shall see hereafter. In the mean space I must tell you, that you trouble yourself for the King, blessed be God, without cause; for we cannot perceive, that He is inclinable to gratify you in this kind. Neither doth every reluctance of conscience make a grant sinful; but only when my conscience checks me upon just grounds. It is not the renitence, or struggling, of conscience, but the pulling down of God's Ordinance, Episcopacy, that makes the sin; though, I confess, the sin is the greater, if it be done upon deliberation against conscience; let the pretence be, what you please. If this indeed should prove to be the King's case, which God forbid, then must it necessarily follow, that k I. G. p. 1. it would be sinful to him; and so he should forfeit inward to procure outward peace; and be represented to times in the glass of conscience, to adventure the heavenly, to retain an earthly Crown. Nothing more certain. woe then be to him, or them, who ever they be, that plot, how they may endanger the King's earthly Crown, that so they may deprive him of his heavenly inheritance. He hath been tried as gold in the furnace; he hath been enforced thorough fire and water; but for all this, with God's blessing he shall arrive in the haven of happiness. 9 But there is an l The oath taken at the King's Coronation hath been pressed by some learned Pens with that probability, etc. I. G. p. 1. Oath, that stands in the way, which was taken at the King's Coronation. This hath been pressed by some Learned pens, with that probability, that (by your own confession) may stumble a right intelligent Reader. But you are none of that number, you stumble not, but smoothly pass over such rubs; and though m Neither have they that I know, received an● satisfactory answer in Print I G p. 1. they have not hitherto received any satisfactory answer, yet now we shall have it in Print n It may ●e a work worthy some pains to resolve this case▪ and clear your objections, that while they stand unanswered, cast an ill reflect on both upon the King in condescending to abrogate Episcopacy, and the Parliament, in pressing him to it. I. G p. 1. . By your pains the Objections shall be cleared, which while they stand unanswered, cast an ill reflection upon the King, in condescending to abrogate Episcopacy. I beseech you, do you dream? Who told you, that His Majesty had condescended to this impious and Antichristian demand? No, no, blessed be God, he hath done Christ, and his Church, and himself that honour, in the refusal of this Proposition, that His memory shall be glorious in our Histories, and his Name high in the book of life. But for certain, they will cast an ill, a foul, an infamous ref●●ction upon those, who ever they be, that shall press him to this unchristian act. This you, and your Masters of the Assembly can never avert with all your Dutch devices, and Geneva fallacies. I say it now, it shall be explained hereafter. 10. But why am I so forward, when o The bond of the K●ngs Oath may be taken off two ways Either by clearing the unlawfulness of it I. G. p. 1. the King's Oath may be taken off two ways; either by clearing the unlawfulness of it; or else by manifesting, that p Though it be granted, that Episcopacy is lawful▪ yet notwithstanding that his Oath, the King without impeachment may consent to the abrogation of Episcopacy I G. p. 2. though Episcopacy be lawful, yet notwithstanding that his Oath, the King may consent to the abrogation of Episcopacy. Both these your ways shall be severally taken into consideration; and first for the unlawfulness thereof. CHAP. II. Whether the King's Oath taken at his Coronation, be an unlawful Oath. 1. YOu say, and say truly, that a It was vinculum iniquitatis, and so void the fi●st day: for qui jurat in iniquum obligatur in contrarium, ●. G p. 1. the oath, which is vinculum iniquitatis, the bond of iniquity, is void the first day. And your reason is firm; for Qui jurat in iniquu●, obligatur in contrarium, he that swears to do that, which is unjust, is bound to perform the contrary. Your argument hitherto is good; and upon these very grounds we will join issue. But how will you prove, that his Majesty hath sworn to uphold that, which is unjust or impious? This shall be done by manifesting that b I. G. p. 1. the King hath sworn to maintain that, which is contrary to Christ's Institution. And what is that? Episcopacy, say you. Your resolution is high and peremptory, as if you were settled upon infall blegrounds; which upon just try all will dissolve into sand. And yet with you I readily acknowledge, that c I. G p. 1. If Prelacy in the Church be an usurpation contra●y to Christ's Institution; then to maintain it, is to sin, and all bonds to sin are frustrate. 2. I hope you use no tricks; but fairly without any fallacy, according to the question proposed, by Prelacy you mean Episcopacy, properly and strictly so called. Otherwise there are four terms in your syllogism. Now if this proposition be firm, upon the same grounds it will follow, you cannot deny it, that If Supremacy in the Parliament be an usurpation contrary to Christ's Institution; then to maintain it, is to sin. But Supremacy in the Parliament is an usurpation contrary to Christ's Institution; Ergo to maintain it, is to sin. That Supremacy in the Parliament is contrary to Christ's Institution, is evident by St. Peter, who placeth Supremacy in the King; in these words, d 1 S Pet. 2. 13, 14. Submit yourselves to every ordinance of man for the Lords sake, whether it be unto the KING as SUPREME, or unto GOVERNORS, that are SENT BY HIM, by the King. And every rational man cannot but discern, that there can be but one, not two Supremes, in the same Kingdom, e I. G. p. 9 as you would have it. But of this more fully in the last Chapter. Secondly, it follows, If ordination by Presbyters be an usurpation contrary to Christ's Institution, then to maintain it, is to sin. But Ordination by Presbyters is an usurpation contrary to Christ's Institution. To maintain it therefore is to sin. The minor with God's blessing, shall suddenly be made good against the Presbyterian Jus divinum. Thirdly, If Episcopacy in the Church be no Usurpation, but Christ's Institution, then to endeavour the extirpation thereof, is sin. But Episcopacy in the Church is no usurpation; but Christ's Institution. Therefore to endeavour the extirpation thereof, is sin. 3. That f Solemn League and Covenant. you, your Assembly, and Parliament, have made and taken an oath to extirpate Episcopacy, is too notorious to be denied. But if I shall prove, that Episcopacy is not contrary to Christ's Institution, then shall I clear the King's oath from sin. Secondly, if I shall demonstrate, that Episcopacy is the Institution of Christ, then is your Covenant g vinculum iniquitatis, the very bond iniquity; ●. G. p. 1. and you are bound in conscience publicly and penitently to retract it. That the same Order cannot be Christ's Institution, and contrary to Christ's Institution, is so apparent a truth, that a mere idiot may discern it. But the Order of Bishops is Christ's Institution: and yet ye have sworn to up with it root and branch. Much like to those in the Prophet, h jer. 11. 19 Let us destroy the tree, with the fruit thereof. And yet the root of Episcopacy is our B. Saviour; Who is called i S. Pet 2. 25. the Bishop of our souls; from him it takes his rise; from him it receives life, it springs up, and is watered with the dew of his heavenly blessing. 4. We know, that he, from whom a family springs, is called the root of that family. That * As Scripture is the Rule of Church▪ Government▪ so Christ is the sole root and fountain whence it originally flows I D. p. 50 our Saviour is the root of Episcopacy, that from him it received being and life, is evident in the Apostles strictly so called, who had their Orders immediately from Christ, as is evident S. Mat: 10. S. Luk: 9 S. I●: 20. 21. etc. To them he gave power to ordain Apostles, in Gratis accepistis, gratis date. S. Mat. 10. 8. so S. k Ambr. de dignit Sacerd c. 5. Ambrose, so S. l Hieron. in Mat. 10. 8. Jerome, so m Gen●ad apud Balsam. p. 1085. Gennadius Patriarch of Constantinople, with seventy and three Bishops more in a full Synod. Our Saviour's words are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which the greeks understands thus, A gift ye have received, give ye this gift. This Commission he renewed unto them after his Resurrection, in these words, n S joh 20. 21. As my Father sent me, so send I you. So S. o Hilar in Mat. can 10 Hilary, so p Cyril in Io. l. 12 c. 55. S. Cyril, and other with them, upon the strength of this commission Christ's Apostles ordained some other to be Apostles, conferring upon them the same honour and power which they themselves had received from Christ. This is evident in S james Bishop of Jerusalem, in Epaphroditus, Bishop of Philippi, and in Apollo's Bishop of Corinth. These are called Apostles in Scripture; S. james, Gal. 1. 19 Epaphroditus, Phil. 2. 25. Apollo's, 1 Cor. 4. 9 And these are confessed to be Apostoli ab ipsis, Ap stolis ordinati, Apostles ordained by the Apostles; Even by q Hieron i● Gal. 1. ●9. S. Jerome, r Calvin in 1 Cor 4. 9 Calvin, and your mighty champion s Wal▪ Messal. p. 41. Walo Melsalinus. 5. Apostles they were at that time called, but afterwards that title, upon just occasion was taken from them, and the name of B●shop was settled upon them, and their successors in Office. So Theodoret. t Theo in Phi. lip. 11. The same persons were sometimes called both Presbyters and Bishops, but those who are now named BISHOPS, were then called APOSTLES. But in process of time the title of APOSTLE was reserved to those, who were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 APOSTLES properly and truly so called. And the name of BISHOP became appropriated to those, who were lately called APOSTLES. Hence is it, that Timothy and Titus are called Bishops and Apostles: Bishops in the postscripts of those Epistles, which were written to them by S. Paul; but Apostles by k Ignat ad Eph. Ignatius, l Theodoret▪ in 1 Tim. 3 1. Theodoret, and m Walo. Messal. p ●0 43. many other. 6. Bishops they were at that time called, when Episcopacy was distinguished from the Presbyterial Order; But n I● p. 53. Apostles they were named, when a Bishop and a Presbyter were one and the same. These were o Timoth●m Apostoli munere & officio functus est Ib p 42. 52. Apostles not only by name, but in office and power; and p Ib. p. 47 50. 244. governed Churches and their Presbyter-Bishops by the same right, and with the same authority, that the chief and prime Apostles swayed them with. And as they governed, so they, and they only ordained Presbyters. 7. From hence we argue thus. They, that have the same name and office with the true Apostles, are of the same order with the true Apostles. Bu● Bishop Timothy, and Bishop Titus, and Bishop Epaphroditus have the same name and office with the true Apostles. They are therefore of the same order with the true Apostles. q Smect. Answ. to the Remonst. p. 21. & 26. The major is Smectymnuus his Proposition, and not to be doubted of. The minor, or second Proposition shall be justified by Salmasius; who in several passages acknowledgeth this name, and office, and power in Epaphroditus Bishop of Philippi. Take this for all; r Epaphroditus by S ●au●●● ●● called the Apostle of the P●●lippians, b●caus● h● had sent him to the Philippians to confirm their Church, and therein to ordain them presbyters and Bishops Walo. Messal p. 58. Epaphroditus Pau●o dicitur Apostolus Philippensium; quia ad Philippenses eum miser at ad Ecclesiam eorum confirmandam, & constituendos in eâ Presbyteros & Episcopos▪ That the name of Apostle was usually given to Timothy and Titus, I have already manifested. That the Apostolical power was in each of them, is evident by those Epistles, which S. Paul wrote unto them: and more briefly in these words to Titus s Tit. 1. ●. For this cause left I thee in Crete, that thou shouldest SET IN ORDER, o● redress, WHAT IS WANTING, or a miss, and ORDAIN PRESBYTERS in every City as I have appointed thee. Herein is both Jurisdiction and Ordination allowed him; and the main power of the Apostolical Order consists in Jurisdiction and Ordination. Herein the Bishops, and only Bishops, succeed them. 8. Since then the Apostleship and Episcopacy, are one & the same Office, he that is the root and author of the one, is the root and author of the other. But Christ is the root and author of the Apostleship; he is therefore the root and author of Episcopacy. In Covenanting then to take away Episcopacy root and branch, you have done no less than Covenanted to take away Jesus Christ, t Ephes 4 11. 1 Cor. 12 28. who gave the Apostles, and ᵘ ordained them in the Church. Indeed ye have taken the ready way to root him out o● our hearts & souls. For ye have absolutely stripped the Church of the three Creeds, the ten Commandments, and the Lords Prayer, with the Epistles and Gospels; wherein was daily mention made of our B. God. and Saviour, as also of his power, pleasure, and mercy. And what I pray you, is become of the Lords Supper, x S. Luk. 22 19 1 Cor. 11. 24, 25. which we are commanded to administer and receive, in remembrance of our B. Saviour? And y ● Joh. 6. 53. unless we eat his flesh, and drink his blood, in that holy Sacrament, we have no life abiding in us. Many Parishes in this Kingdom have been utterly deprived of this heavenly Supper, even since their lawful Parsons or Vicars have been imprisoned, or sequestered by your instigation. So farewell ro●t and branch, and fruit, as much as in you lieth. And now, I hope, the King's Oath is clearly discharged of sin; and your Covenant sufficiently proved to be the bond of iniquity. 9 But how comes it to pass, that if root and branch must up, yet by your Ordinance some branches of that root may be preserved? For it is resolved, that z Ordinance for Ordinat. p 2. Ordination performed by a BISHOP, being a Presbyter, joined with other Presbyters, is for substance va●id, and not to be disclaimed●y any, that have received it. And most probable it is, that you are a branch, or sucker, of that root. For a Ib. p▪ 13. Presbyters so ordained, shall he admitted to a charge, without any new ordination. Is not this a flat contradiction? some branches lopped off, and some spared; is this according to your solemn league and Covenant? Indeed had they taken all branches away, which spring from that root, there had hardly been a man of any learning left. And is not that Clerk, who hath been ordained by a Bishop, a wise man, to swore to root himself up, if not here, yet out of the land of the living. For he that is not a member of the Church militant, can never be a Saint in the Church triumphant. CHAP. III. whether Prelacy in the Church of England were an usurpation. 1. THe Question proposed is, of Episcopacy; the Oath is for the maintenance of Episcopacy; and your endeavour is for the abrogation of Episcopacy. According to your sense therefore by Prelacy I understand Episcopacy, which you have vowed and covenanted to extirpate. Whether upon just grounds, or no, shall be now enquired. For the Office is either good or bad, lawful or unlawful, necessary or indifferent. If in itself bad, and utterly unlawful, God forbid, but we should join in the extirpation of it. If indifferent, it is in the breast of authority, to allow, or disallow it. But if simply lawful, and good, and necessary, for the being and continuation of a Church, than it is not in the just power of man to discard it, or cast it off. And yet you resolve, that b I. G. p. 1. the King's Oath to uphold Episcopacy is sin. If sin, than it necessarily follows, that Episcopacy in itself is naught, and utterly unlawful. Thus in the first place you condemn all the Kings and Queens of this Kingdom, that have taken this oath. Secondly, you condemn those many Saints of God, that have discharged this Office of Episcopacy. Thirdly, You condemn all those Fathers, and Counsels, which justify a necessity of Bishops. And last of all you condemn the whole Church of Christ, which from her Infancy hath been governed by Bishops. Is not this to c Psal 89 50. blaspheme the footsteps of the Lords anointed? Is not this to question the actions of those Saints d S. Judas v. 3▪ to whom the Faith was first delivered? Is not this to vilify the Spouse of Christ, and Christ himself▪ who hath suffered the Church to err so foully from the beginning. 2. But how shall it be proved, that Episcopacy is so bad, that it is a sin to defend it? An universal Proposition must have an universal Proof. Exparticulari nonest syllogizari. A particular makes no proof, but for that particular, whereof it treats. I● I manifest, that Monarchy, or Aristocracy hath been a●used in such a State or Nation, by such or such a Prince, or Peers, do I therefore justify, that it is a sin to defend Moarchy, or Aristocracy; O● if I shall make it appear, That some Parliament men have abused that trust, which is committed to them, is therefore a Parliament naught? This follows not; but hereby I manifest, that they who at that time sat at the helm in that place, did abuse that, which in itself is good. Is the Apostleship naught, because Judas abused himself and that? Is Episcopacy bad, because Gregory VII▪ of Rome, George of Cappadocia, or Paulus Samosatenus abused their place and function? Far be it from me to argue, or conclude in this manner. I have learned to distinguish between the office and the Officer: The Office may be simply good, and the Officer extremely bad. This then is no argument against Episcopacy, though perchance you may prove, that Episcopacy hath been ill managed. 3. But view we your own words, which are the minor of your conditional Syllogism; which are these. e I. G p 1. And truly as Prelacy stood with us in England engrossing all ruledome in the Church into the hands of a few L. Bishops, I think it may be cleared to be an usurpation. And truly I think not. So you and I are of two several opinions. But truly your thinking shall be cleared ●y this one argument. f I. G p 1. That power, that dispoiles any of Christ's Officers, of any Privilege, or duty indulged or enjoined them by the word of God, that power is an usurpation against the word. But this Prelacy did, as it stood in England Ergo, English Prelacy was an usurpation against the word of God. 4. How properly you speak, and how strongly you argue, let the intelligent judge: That you, and others may be sensible of the strength of your argument, under favour of Parliament, I shall invert it thus. That power that despoiles any of Christ's Officers of any privilege or duty indulged or enjoined them by the word of God, that power is an usurpation against the Word. But this the Parliament doth, as it stands now in England Ergo, the English Parliament is an usurpation against the word of G●d. I hope you know your own argument; though it alter a term, it altars not the form. g I G. p 2. The Major, you say, is clear of itself, it needs no proof, as you conceive. The difficulty is in the Minor; and that I make good thus, out of your own words. h I. ●▪ ●▪ ●▪ Presbyters are by Christ's warrant, in Scripture endued with power to rule in their own congregations, as well as preach. But the Parliament hath banished many hundreds of us from our own congregations, and barred us from preaching therein. Ergo, The Parliament hath despoiled many of Christ's officers of their privileges and duties indulged, and enjoined them by the Word of God. You cannot deny us to be Christ's officers, since we are Presbyters. That we are Presbyters, is acknowledged by your great Masters; i Ordinance for Ordinat. p 2. who grant all those to be Presbyters, who have been ordained by a Bishop joined with other Presbyters. And so, I am sure, we are. 5. Let a review be taken of the solidity of your former argument; and then we shall find you offend in limine, in that Major, which is so clear of itself. For do not you say thus? That power, that despoils any of Christ's officers of any privilege, or duty indulged or enjoined them by the Word of God, that power is an usurpation against the Word. Had you said, That power, that wrongfully, or causelessly despoils any of Christ's officers, etc. you had said something. You have not, it seems, learned to distinguish between justly and unjustly; but we must. And yet k I. G. p. 2. this Proposition is clear of itself, if we take your word. But God's Word and yours, are two. God's Word says, l Rom. 13. 1. Non est potestas nisi à Deo, There is no power but of God; but you say, that there is a power, which is an usurpation against the Word of God. But how can that be usurpata, which is data; both usurped, and given? That it is given by God, m Thou couldst have no power at all, against me, except it were given thee from above S. Jo. 19 11. our Saviour testifies, S. Joh. 19 11. Indeed this power may be abused; and the abuse of this power is an usurpation. The office is from God, the abuse from ourselves. But you cannot, or will not distinguish between the office and the abuse. If all ●ffi●es must be discarded, because the officers have done a miss, what office will remain in this Kingdom? I fear, not one. 6. We read, that n jer. 20. 2. Pas●ur the High Priest set Jeremy the Prophet in the stocks for preaching the truth, o jer. 19 14. which the Lord had commanded him to preach. And yet who dares say that the High Priesthood in the old Law was an usurpation? We know, that p Prov. 8. 15. the office of a King is Gods own ordinance; and yet we dare not say, that the power of Jehoi●kim King of Juda was an usurpation against God's Word, when q jer. 26. 23. he slew Vrijah the Prophet. But we may safely and truly justify, that he abused his power. And so did King Zedekiah, when r jer. 32. 3. he imprisoned Jeremiah for prophesying, what the Lord had enjoined him to denounce. Both Regal and Priestly power are the gift of God; they cannot therefore but be good. But the abuse of this power to other ends than God gave it, is the viciousness of man, and therefore bad. s 1 Reg. 2. 27. 31. Solomon made just use of this power, when he despoiled Abiathar the High Priest not only of his privileges, but also of his office, and of all that belonged to his office. The reason is, because t Ib. v. 26. Abiathar for his treason deserved this and an heavier doom. And I presume, it was no usurpation in St. Paul, when u 1 Tim. 1. 20. he delivered Hymeneus unto Satan, that he might learn not to blaspheme: nor yet when he x Gal▪ 1. 9 anathematised and accursed those Preachers, that taught otherwise, than they had received. If then our Bishops have made use of this power in silencing or depriving heretical, schismatical, or seditious Preachers, y 2 Tim. 3▪ 2. etc. they have done no more than they ought to do. This therefore is no usurpation, but a just use of that power, which with their Orders was conferred upon them for this end and purpose. 7. I have done with your Major; now to your Minor. z I. G. p. 1. But this Prelacy did▪ as it stood in England. What did it? why it a Ib despoiled Christ's officers (the good Presbyters that preached up the Scottish discipline and doctrine) of their privileges indulged, and duty enjoined them by the Word of God. If they deserved this censure, it was no despoiling, but a just deprivation. If they deserved it not, let it be proved. I am sure, Courts and Committees have been long enough open, to receive large informations, and easy proofs against them. And I am as sure, that our Saviour never indulged any such privilege to his Apostles, or any other of his officers, as to vent heresy, schism, or sedition. If any Bishop be faulty, I plead not for him. I justify Episcopacy, not the Bishop. Judas was bad, cut his Episcopacy good; Judas offended, but not his office. Judas was cut off, not his Episcopacy; b Act 1. 22. the office is continued, and a good man must be put into it. So St. Peter. And c Act▪ 1. 20. let another take HIS BISHOPRIC. So the Spirit of Prophecy. Prelacy therefore is not in fault; but the Prelate. And it is as false a speech to say▪ Prelacy despoils any, as to say, Judicature wrongs any. Since we know, that Judicature is blameless, when the Judge is criminous. And as improper a speech it is to say, that a man is despoiled of his duty: I may be forbidden my duty, but not spoiled of it: because I am bound to discharge it, though forbidden, if unlawfully forbidden. 8. But what are these privileges, and duties, whereof they are said to be despoiled? The particulars are these; d Presbyters are by Christ's warrant in Scripture endued with power to rule in their own Congregations, as well as to preach. See 1 Tim. 3. 5 & 5. 21. Heb. 13. 17▪ 1 Thes. 5. 12. I G. p. 2. Power to rule, and to preach in their own congregations; and this power they are endued with ●y Christ's warrant. Power to Rule, and by Christ's warrant, sound high, and raise attention. And this they have as well, as much, as power to preach; if we may believe you. As if they had ruledome (as you call it) from Christ himself. If this be doubted of, you give us Scripture for it, and that in four several texts. The first is this, e 1 Tim. 3. 5. If any cannot rule his own house, how shall he take care for the Church? Here is care to be taken for the Church, but no rule given to a Presbyter in the Church, unless you allow him as much power to rule in his Parish, as he hath in his own house. To which assertion no man, I conceive, will subscribe. It is required indeed, f 1 Tim. 3. 1. if any Layman desire to be a Presbyter-Bishop, that before he be ordained, he be known to be such a one, g Ib. v. 4. that could rule his own house well. But what is this to prove, that by Christ's warrant in Scripture a Presbyter is endued with power to rule in his eongregation? Alas, h I. D. p. 12●▪ this government, as your learned brethren confess, is but domestical in private families; not Ecclesiastical in the public congregation. In like manner i 1 Tim. 3▪ 12▪ Deacons must be such, as rule their houses and children well. And yet ye allow them no ruledome in the Church, but set Lay-Ruling Elders to over-top them. No warrant here for this Presbyterial ruling power; what may come hereafter, shall be examined. 9 The next proof is from the same Epistle; the words are these; k 1 Tim. 5▪ 2●▪ I charge thee before God, and the Lord Jesus Christ, and the elect Angels, that THOU OBSERVE THESE THINGS without preferring one before another, and do nothing partially. This is something, were it to the purpose. Here is a large authority given to Timothy in this Chapter; and a charge in this verse, that he be careful to discharge his office with integrity. But what is this to the point in question? Alas, you are clean mistaken in your mark. It rests upon you to prove, that this power in Scripture is given to a Presbyter-Bishop; whereas it is here given to an Apostle-Bishop; who is clean of another, an higher order. If I should justify, that a Sergeant at Law hath power to hear and determine Suits in Westminster-Hall, because the Justices of the King's Bench, and Common Ple●● have such a Commission, you would think, I were beside the cushion; and so are you. 10. In the third place, you produce a text of the same Apostle to the Hebrews; wherein he commands his brethren, to l Heb. 13. 17. obey those, that have the oversight of them, and to submit themselves un●o them. No question, but they ought to do so. But who are these Praepositi, these Rulers, here mentioned? Are they Presbyters only? Presbyters are not mentioned here; and it is impossible to prove, that Presbyters only are intended here; unless they be the only Church-governors. It is rather to be believed, that all Church-governors, or else the chief Governors, were here intended. That he speaks of Presbyters, I deny not; but that he speaks of Presbyters only, I utterly deny. When you can prove, that only Presbyters m Ib watch for the souls of the people, and that they only must give an account for those souls, then shall I readily acknowledge, that the Apostle speaks only of Presbyters in this place. 11. If the King's Majesty should command his Soldiers to obey their Commanders, could any man imagine, that he spoke of the Lieutenants and Captains only? No wise man can have this imagination: but this must reach, to Majors, and Colonels, and all other in authority. Thus, when the Lord commands his people, to obey those Governors, that watch for their souls, he means not only Deacons and Presbyters, but Bishops also. For as in an Army there are Captains over soldiers, and Commanders over Captains; so in the Church, which is n C●nt 6. 3. aci●s ordinata, a well-ordered Army, there are o Episcopus est pres●yt●●is pr●positus Cypr ep. 10 Praepositi populo▪ & Praepositi Presbyteris, Spiritual Governors of the people, and some set over both people and Presbyters. Such were the Apostles in Scripture, and such their p 2 Cor ●. 23. Philip. 2. 25▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, their copartners in labour, and successors in office; whom we now call Bishops. Such were Timothy and Titus, q 1 Tim 5. 22. Tit▪ 1. 5. who had not only the power of Ordination, but of Jurisdiction also: that is, they had authority, not only to set in order, what was amiss in the Church, and r 2 Tim. 3. 5. 'tis 2. 15. & 3. 10. to reform the Laity; but to 1. convent, 2. silence, and 3. excommunicate the Clergy, even Deacons and Presbyters, if they deserved it. 12. For convention, in the first place observe, that s 1 Tim 5. 19 S. Paul acknowledgeth in Bishop Timothy power to receive an accusation against a Presbyter, or Elder; and upon proof to rebuke him. Which could not be done without conventing him. 2ly. That the power to silence preaching Presbyters was in Bishop Timothy, these words manifest, t 1 Tim. 1. 3. Thou mayest command some that they teach no other doctrine. And as for Bishop Titus u Tit. 1. 11. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, it be hoves him to stop the mouths of the disobedient and deceitful, as also to x Tit. 3. 9 stay foolish questions and contentions. And if this will not serve, then must they proceed to higher censures even to excommunication. For doth not S. Paul command Timothy, to y 1 Tim 6. 3. 5. withdraw himself from those, that teach unwholesome Doctrine? And what this means let Beza speak; z Beza & Piscat. in loc. Gravissime damnatos extra Ecclesiam ejicit, he casts for●h these as condemned men out of the Church. For as S. Cyprian speaks, a Si qui cum Episcōp● non sunt, in Ecclesid non sunt▪ Cypr. ep. 69▪ n. 31. They that are not in communion with the Bishop, are out of the Church. Timothy then being Bishop of that Church, and withdrawing his communion from them, they were no longer members of the Church. This power, we see, was in the Apostle Bishops; but no man can show that ever it was in the Presbyter Bishops, Par enim in parem non habet potestatem; it is a sure rule, that no man hath power over his equal, while his equal. 13. The last place is reserved for the first in Scripture, which you have kept for your reserve to help at a dead lift; and this it is. b 1 Thes. 5. ●2. We beseech you, brethren, that ye know them, which labour among you, and are over you in the Lord, and admonish you: A great friend of the Presbytery tells us that c Hilar. Dial. Rom. in loc. apud Ambros. this is the same with that, which the Apostle speaks in another Epistle that those Presbyters are worthy of double honour, who labour in the word and doctrine. So then, in his judgement, this rule, you so much boast of is, but your labouring in the word and doctrine. And surely he hath two able men, that back him very well, viz. The●d●ret and Ca●vin. Theodoret d Theodoret▪ in 1 ●he●. 5. 12. tells us, that when S. Pau saith, Qu●praesunt, th●se th●t are over you in the Lord, it is all one▪ as if he ha● said, they that ●ff●● up prayers and supplications for y●u. And Ca●vin thu●, e Calvin in loc. Queen DOCENDO rite & fideliter GU●ERNANT, who by TEACHING orderly and faithfully GOVERN the people. And elsewhere f Calvin I●stit. ●. ●. c. 3. Sect. 15. he expounds this kind of Governing by boris & salutaribus consiliis popu●o praeire, by guiding the pe●ple with good and wholesome counsel. The Preifis rule then consists in 1 Prayer for God's people, in 2 Admonishing, 3 Instructing, and 4 Advising them; as also in 5 conveying to them those heavenly blessings by the Sacraments; which in an ordinary way they could not otherwise obtain. This is all the rule, that I can find belonging to Presbyters. And this was ever allowed you in your own Congregations, while ye behaved yourselves as the Ministers, of Christ in all meekness and sobriety, dividing the Word of God aright; and while ye kept within the ru●e of faith. 14. Thus your ruledome (my fellow Presbyters) is come to no great matter by these texts. Show me one place of Scripture, that allows Presbyters to excommunicate, or absolve, of their own authority; and I shall be of your mind, and justify, that ye have sustained much wrong; If ye have been suspended from officiating, or silenced, ye may thank your unbridled tongues, which have been so lavish in venting unsound and seditious doctrine. The Bishop in these cases hath but discharged that duty, which is required of him by God's Word. 1▪ Tim. 6. 3. 5. 2. Tim. 3. 5. Tit. 1. 11. Tit. 3. 9 And it is no more, than the Presbytery challengeth to itself in those places, where it hath gained authority. 15. g As Prelacy stood in ●ngl●nd, the Presbyters were ●x●●●●ed from all soc●●tie in Rule. I. G p. 2. That ye were excluded from all society in Rule▪ is that, which troubles you. Society pretends equality, and Rule is that which ye affect. So ye may be made Bishops, or Bishops' fellows, equal with them in rule and authority, all sh●ll be well, but till then we must expect no p●ace, if ye can hinder it. H●d your leading Churchmen be●n made Bishops or Deans, the K●ngs oath had been most just, and unalterable; yea unquestionable. Some men's mouths have been stopped so heretofore; the more the pity: And ye have gaped after such morsels. What the benefit hath been, is sufficiently discerned, and ambitious malcontents shall no more, I hope, be tempted in this manner to continue among us, when they are neither with us, nor of us. But, I pray you, what Society in Rule, can you challenge with the Bishops, when by Scripture ye are made subject to them? We know your pride; Ye would fain be hail-fellows with your Governors both Ecclesiastical and Civil. fain would ye have the reins in your own hands, with Phaeton, though it were with the same issue. But how shall they learn to govern, that know not how to obey? All Baristers are not qualified to be Judges. 16. But there is another thing, which troubles you marvellously, that you deem to be h Which was much more prejudicial to the dignity & lioerty of the Ministry, the Presbyters w●re subjected to a Lay Chancellor. I. G. p. 2. much more prejudicial to the dignity and liberty of the Ministry; namely to be subjected to a lay Chancellor. And yet how many lay Chancelours have you subjected us to? i The Clergy & their priviledge● are subject to the Parliament. I. G. p. 7. To the whole Parliament; that's plain; and yet not so much as one Presbyter among them: And to every Committee-man both in City and Country, Whose busy Apparators are all persons disaffected to the Doctrine and Discipline of the Church of England. And all this is for the dignity and liberty of the Ministry, according to your new Magna Charta. Thus much to manifest, that ye are deeply plunged in those crimes, which you boldly charge upon others. But this is no new, no strange thing. For this hath been generally observed; when your great Masters blemish our most gracious Sovereign with any foul or illegal surmise, they usually act it themselves. Dominisimiles, such Masters, and such Chaplains. k Greg Naz. orat. 52. ● 15. Par autem erat, ut vel quod accusant, non facerent, vel quod facerent, non accusarent. But it were meet, that either they should not do, what they blame; or not blame, what they do. 17. And now, I beseech you which is most prejudical, to be subject to one lay Chancellor in a Diocese, or to those great lay Courts of Lords and Commons and others at Westminster? to so many lay Committees in the City; to so many in every County? Without whom ye are not able to subsist, nor to abide in your Congregations, if these men take but the least offence against you. And how can the Gentry and Commonalty of this Kingdom take it well, that you complain so much of one lay Chancellor in a Diocese, and yet enthrall them to so many lay Elders, Parochial, Classical, Provincial, and national. Say not, that there be preaching Elders joined with them, lest it be returned upon you, that the lay Chancellor is but the Bishop's Officer in such cases of Judicature, as belong to his profession; and to the Bishop he is accountable. But you can endure no loy Judges over you, on any hand. And whereas l An● was not here ●●urpation against God's direction? I. G. p. 2. you charge the lay Chancelorship with usurpation contrary to God's direction, I am certain, ye have made use of it against God's direction. For how many of you have been instituted into Benefices by lay Chancelours? Qu● jure, comes not now to be scanned. Thus ye can abuse them, and yet use them. But I shall turn you over to the Doct●rs of the Commons; them it concerns, they are well able to argue the case with you, and to wash off these aspersions. 18. Your first argument is, I hope, sufficiently confuted in the eye of indifferent and judicious men. I shall not therefore any longer insist upon it, but observe, at how low a rate you value authority. Nor Bishop, nor King, nor your Idolized Parliament shall be a Power, but an usurpation against God and his Word, if they deny you any privilege indulged, or debar you any duty, which ye suppose to be enjoined you by the word. If they sequester you from the Pulpit, or from ruling in your congregations, farewell my great Lords and Masters at Westminster. And when they have sold the Bishops and Chapters lands, they shall no longer be a Parliament, but an Usurpation; because they have m I. G. p. 6. despoiled you of those lands, which ye lay claim to, and which they ought to have disposed of, to supply you and your predicant brethren with such maintenance, as yourselves hold sufficient. CHAP. IU. Whether the King may consent to the abrogation of Episcopacy, if so that calling be la●full. 1. SAving your argument, in the first place this is certain, ●f Episcopacy be lawful, than the King's Oath at Coronation was not as you would have it vinculum iniquitatis, a bond of iniquity. And hereupon it follows, quod non obligatur in contrarium, that he is not bound to break this oath. Take this by the way. You must then seek some other way, to clear it to us, that it is lawful for his Majesty to wave this oath. But your own conscience seems to check you for your former resolution; you therefore confess, that n Though this way o● invalidating the K●●gs oath be most satisfactory to some, I. G. p. 2. this way of invalidating the Kings is most satisfactory but to some. 2. Surely if to some it be satisfactory, those some are such, that are either very weak, or wilfully blinded with avarice; o 1 Tim. 6. 5. Whose gain is godliness. But the end will prove, th●t p 1 Tim ● 8. Godliness is profitable to all things. q Gen. no●e in loc. That is (as the Geneva Note hath it) he that hath faith and a good conscience, is promised to have all things necessary for this life, and to enjoy life everlasting. This would be seriously laid to heart. 3. But though your former argument seem satisfactory to some r Yet to those that are not onvin●ed of the unlawfulness of Episcopacy, it will not hol●. I. G. p. ● yet to some it will not hold; namely to those that are not convinced of the unlawfulness OF EPISCOPACY. What? so satisfactory and yet not hold? Alas, alas, what creatures have you to deal with? Pity it is, that you have to deal with learned and rational men, and not with Ignoramus and his Dull man. What shall now become of your Case of Conscience? Why? z It would cast the resolution of th●s ●ou●t a●out the oath, upon another question touching the lawfulness of Episcopacy, which is a lar●er field. I. G p. 2. It will cast the resolution of this doubt upon another question. From one question to an other. And what's that? The lawfulness of Episcopacy. This is a large field, that you are not acquainted with. And yet to satisfy the conscience of your Reader, you have already concluded, that a I. G. p. 1. 2. Episcopacy is an usurpation against the word of G●d; and therefore sinful and unlawful. How? Conclude first, that Episcopacy is unlawful, and then b I sh●ll endeavour to show, that though for argument s●ke, it be grant●●, that Episcopacy●e ●e lawful ay G. p 2. grant it to be lawful. But this is granted only for argument sake. That is, because your argument is so loose, that it proves just nothing against Episcopacy. For a firm demonstration admits of no contradiction, it leaves no doubt behind. 4. Well, be it lawful, c I. G. p. 2. yet not withstanding that his O●th, th● King without impeachment may in this circumstance consent to the ab●●g●tion of Episcopacy. What mean you by circumstance? Is the King's O●●h, or Episcopacy, or the abrogation of Episcopacy but a circumstance? A circumstance is that, which is not substantial, or essential to the point in question; but comes in upon the by; at most, for illustration. The question is, d I. G. p. 2. Whether the King, notwithstanding his oath, may consent with a safe conscience, to the abrogation of Episcopacy? All these than I take to be essential to the question; unless a safe Conscience be with you and with your brethren but a circumstance. And yet it is such an ingredient, that a man may neither swear, nor consent to, nor act, but what he may undertake with a safe conscience. e 1. S. Joh. 3 20. For if our heart (if our conscience) condemn us, God is greater than our heart, and knoweth all things; His Majesty, I make no question, hath sadly thought on this. 5. That he may abrogate that which is lawful, you say, and we deny not, since God hath given Kings a power not only over things indifferent, but even in such things, as are lawful, and honest, and in their kind necessary for the preservation of a Commonwealth. This is evident in Jonadab the son of Rechab, f Ier, 35. 6, 7. who commanded his posterity, that they should neither drink Wine, nor build House, nor sow seed, nor plant Vineyard, nor have any. And yet as lawful, and necessary, as these things were, g Ib. v. 8. they obeyed their father's voice. h Ib. v. 19 God approves of their obedience, and crowns it with a blessing. And what a father is in his own family, that is a King, at least, within his own Dominions. 6. But here the case is different, for the question is concerning Christ's own Ordinance and Institution; which the King hath sworn to maintain. This then being lawful, and legally sworn, the oath may not in any wise be dispensed with. Nay, if we say, that the King, or any authority upon earth, may alter, or abolish any one Ordinance of our Saviour, we contradict ourselves, and comply with the Papists. What reason bring we against the half Communion, but Christ's own institution, who commanded it to be delivered and received in both kinds. And i Calvin in Amos 7. 13. Calvin deservedly reproves Bishop Cardiner for attributing this power to a King: Now if Episcopacy be our Saviour's institution, then may no humane power root it up; lest they that do it, be rooted out of the land of the living. But that this very order, which we now call Episcopacy, is Christ's own institution, is already proved cap. 2. 6. 7 8. 7. Besides, if this be the only Order, to which Christ hath given power to ordain Presbyters and Deacons, who shall confer these Orders, when Bishops are taken away, and utterly extinguished? Say not, that in case of necessity Presbyters may ordain, when you maliciously make the necessity. God provides for such necessities, as are enforced upon us, or happen casually and inevitably; not for those, whereinto we wittingly and wilfully plunge ourselves; Delve up the root, & God will hardly work a miracle to provide sap for the branches, or body of the tree. k Aug. ep. 180. Sine nostro officio est plebi certa pernicies. It is S. Augustine's. Without our, without the EPISCOPAL OFFICE there is certain ruin to the people. S. Austin was a Bishop, when he resolved thus, and wrote it to a Bishop. l Nunc malori libertate & fiduciâ veritatem profitemur: ne al●oqui per ●miditatem hâc poenâ mulctemur, ut Deo minimè placeamus Greg. Naz. Orat. 35 n. 2. That I may speak plainly; God and the times require it: No Bishop, no Priest; no Priest, no Lords Supper; no Lords Supper, no Salvation, according to the ordinary way prescribed by our blessed Saviour. 8. This shall be made good, first according to your Protestation; secondly, according to your Solemn League and Covenant. In your m The Protestation. Protestation, ye have vowed in the presence of Almighty God, to maintain and defend the true Reformed Protestant Religion expressed in the doctrine of the Church of England. This doctrine is punctually and carefully delivered in the 39 Articles. According to which Articles I proceed thus. The ordinary way to heaven is by the Word and Sacraments. No man may preach, or administer the Sacraments, but he that is lawfully called and sent. None are lawfully called and sent, but they only, who are called and sent by those, that have authority. But Bishops, and only Bishops have authority to send in this kind. And therefore No Bishop, no ordinary way to heaven. 9 The first Proposition is not doubted of by Protestant or Papist; it is therefore taken for granted. The second Proposition is in terminis let down Art: 23. It is not lawful for any man to take upon him the Office of PUBLIC PREACHING or MINISTERING THE SACRAMENTS in the congregation, before he be lawfully called and sent, to execute the same. The third is likewise expressed in the same Article. Those we ought to judge lawfully called and sent, which be chosen and called to this work by men, who have public, authority given unto them in the congregation to call and send Ministers into the Lord's Vineyard. And who are these men, that have this authority? Bishops, only Bishops; So the 36 Article. The book of consecration of Arch-Bishops and Bishops, and ordering of Priests and Deacons, doth contain all things NECESSARY to such consecration and ordering And whosoever are consecrated or ordered according to the Rites of that Book, ●●e decreed to be RIGHTLY, ORDERLY, and LAWFULLY CONSECRATED and ordered. But therein the Bishop only hath authority to ordain. And in the Preface to the Book of Ordination it is resolved that I is requisite that NO MAN SHALL EXECUTE ANY OF THESE ORDERS, except he be called, tried, examined and admitted, ACCORDING TO THE FORM FOLLOWING in that Book. 10. Thus we cannot but see, that according to the express doctrine of this Church of England without a Bishop no Sacraments, and consequently no salvation. For though God can save without means, yet he hath tied us to the means; and the means must be used, if we desire to be saved n Art 36. This book was composed and set forth in the time of K Edward the sixth, by those holy men, who afterwards were blessed Martyrs, and at the same time confirmed by full consent and authority of Parliament. o VIII Elis. 1. After this in the time of Queen Elizabeth it was again confirmed, and always ratified with the 39 Articles; and p XIII. Elis. ●2. the Clergy enjoined to subscribe to this book, in and with those Articles, that so they might be known to be in Communion with the Church of England. Thus far with the Protestation. CHAP. V. Whether ye have not bornd yourselves by your Solemn League and Covenant, to maintain Episcopacy. 1. NOw I descend to your Solemn League and Covenant, wherein ye have publicly vowed to endeavour the Reformation of Religion according to the word of God, and the example of the best reformed Churches. I shall therefore prove first by the Word of God, and secondly by the best reformed Churches, that ye have solemnly bound yourselves to maintain Episcopacy, if so ye are resolved to keep this branch of your Covenant. 2. First, we know, that q Act. 4. 12. there is no other name under heaven, whereby we may be saved, but only the Name of our Lord Jesus Christ. Secondly, we are agreed, that r Rom. 10. 17. Faith comes by hearing, and hearing by the Word of God. Thirdly, our Saviour saith flatly, s S. Joh. ●. 53. Except ye eat the flesh of the Son of man; and drink his blood, ye have no life in you. We cannot therefore but acknowledge, that without the Word and Sacraments, there's no salvation. Since then all those, that are in Orders, exercise t Artic. 26. the ministration of the Word and Sacraments, not in their own name, but in Christ's, and do MINISTER BY HIS COMMISSION AND AUTHORITY; we are therefore to inquire, who have this Commission given them in and by the word of Christ. For S. Paul wonders, u Rom. 10. 15. how any man can preach, in public, except he be sent. The Commission for preaching was immediately given by our B. Saviour, both to the twelve Apostles, and to the seventy Disciples. To the twelve, St. Luk 9 2. St. Matth. 28. 19 To the seventy, St. Luk. 10. 9 16. The Commission to consecrate and administer the Lords Supper, is given to the twelve Apostles, St. Luk. 22. 19 1 Cor. 11. 24. x Gal 1. 1. St. Paul, and y Act. 1. 26. St. Mathias also were immediately admitted to the Apostleship by Christ himself. These, and only these, who are here mentioned, were immediately ordained by our B. Saviour. 3. But our Saviour having commanded and provided, that z S. Mat. 28. 19 All Nations should be taught, and baptised; and having a Com: Prayer book, at the Communion. instituted, and in his holy Gospel commanded us to continue a perpetual memory of his precious death, until his coming again; that this might be done, he gave his Apostles this large commission, b S joh. 20. 21. As my Father hath sent me, even so send I you. And how was that? even to preach, to baptise, to consecrate, and administer the Lords Supper; to bind sinners, and lose the penitent; and to ordain other Apostles and Presbyters, which might continue these blessings to his people in all ages. As also elsewhere in c S. Matt. 10. 8. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. A gift ye have received, give this gift. The Greeks take not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 adverbially, but substantively: and I believe, in the East they understand their own, the Greek tongue better, than we do in the West. And as they were commanded, they did. d Act 14. 4. 14. S. Paul and S. Barnabas were Apostles; and them we find ordaining Presbyters in every Church, where they come. Act. 14. 23. e 2 Tim 1. 6. S. Paul himself ordains Timothy to be the Apostle, or Bishop of Ephesus. He gives the power of Ordination to Titus. Tit. 1. 5. And acknowledgeth it to be in Timothy. 1 Tim. 5. 22. These were the Apostles, or Bishops properly so called, of their several Churches. These had the power of Ordination, but not the Seventy, not those of the inferior order, not mere Presbyters. 4. Besides, doth not St. Paul justify, that f Rom. 10, 15. none may preach, except they be sent? Talk not of an inward calling, or extraordinary sending. Neither of these will serve the turn, without the outward, without the ordinary Ordination. St. Paul's words are full to this purpose. g Heb. 5. 4. No man taketh this honour [of Priesthood] to himself, but he that is called of God, as Aaron was. The extraordinary calling, which some pretend to, is abolished, in that, No man takes this honour to himself. How then must he attain the Priesthood? The Apostle tells you, he must be called of God, as Aaron was. And how was that? Non immediatè a Deo, sed mediante hominis ministerio; he was not called or ordained immediately by God, but by the interceding Ministry of man. The Apostle therefore doth not say, He, that is called of God, as Moses was; but, He, that is called of God, as Aaron was. But we know, that though h Exod. 28. 41. Exod. 29. 9 etc. Moses were immediately ordained by God, yet i Levit. 8. 12. Aaron was not, he was ordained by Moses. And yet both k Psal. 99 6. Moses and Aaron are among his Priests; for Moses discharged the Priest's office, before Aaron was ordained. Exod. 24. 4. etc. Exod. 29. 12. 18. 25. 36. etc. Exod. 30. 29. 30. 5. I have done with your first way, having, according to your Covenant, proved by Scripture, that none may confer Orders in the Church of Christ, but only Apostles, or Bishops, as we take them in a strict and Ecclesiastical sense: that is, only such, as are of the same order with the Apostles, and may fitly be called Apostle-Bishops. 6. We are now cast upon the Example of the best reformed Churches, which may raise some dust. For when we descend to comparisons, we cannot but displease those, who are left out of the superlative. Yet this I dare say, that those Churches are best reform, which come nearest to the Primitive Church in Doctrine and Government. For to reform is not to innovate, but In primaevam & veram formam reducere, to settle it in the ancient and true state. For l jer. 6. 16. thus saith the Lord; Stand in the ways, and behold, and ask for the OLD WAY, WHICH IS THE GOOD WAY, AND WALK THEREIN, and ye shall find rest for your souls. This rule therefore is given by Zanchius, m Zanch. Exempla veteris Ecclesiae nobis debent esse instar praecepti; and your learned Ministers of London second him, assuring us, that n I. D. p 11. the examples of the ancient Church bind us as firmly, as any precept. And reason good, since o Hug. Grotius de Jure belli. l. 1. c. 4. Sect. 5. & 7. the custom of the ancient Church is Optima legis interpres, the best interpreter of the Law of Christ. The ancient Church than ought to be a pattern to all Reformers. 7. Well, what kind of Government was there in the primitive Church? Peter Moulin testifies, that p Statim posttempora Apostolorum, aut etiam eorum tempore, constitutum est, ut in unâ uroe unus inter caeteros Presbyteros Episcopus vocaretur, qui in suos collegat hateret pr●●minentiam Pet. Molin de Munere Past. p. 20 21. either in the Apostles times, or suddenly after, Bishops had praeheminence over Presbyters, in the several Cities, wherein they were settled. This Government is very ancient; and in the Church of Christ every thing the MORE ANCIENT it is, the TRUER AND BETTER it is. Zanchius justifies it. q Zanch. de verâ reformand● Eccles ratione. Thes. 5. In Ecclesia Dei, quo quid ANTIQUIUS, eo etiam est VERIUS, ideoque & MELIUS. And lest I may seem to wrest that famous learned man's words to another sense, than he intended them, I shall give you his resolution at large concerning this point in question, whether Bishops, or no Bishops: and this it is. r Ib. Thes. 7. Sect. Pono. Hoc unum addo, me coram Deo IN MEA CONSCIENTIA, non alio habere LOCO quam SCHISMATICORUM, illos OMNES, qui in parte Reformationis Ecclesiarum ponunt NULLOS HABERE EPISCOPOS, qui AUTHORITATIS GRADU supra veros compresbyteros emineant, ubi liquido, possint haberi. Praeterea cum D. Calvino, NULLO NON ANATHEMATE DIGNOS CENSEO, quotquot illi Hierarchiae, quae se Domino Jesu Christo snbmittit, subjici nolunt. These are his words in Latin; and to your comfort you shall have them in English: like them as you please. This one thing I add (saith learned Zanchius) that IN MY CONSCIENCE before God, I esteem ALL those NO BETTER THAN SCHISMATICS, who make it A PART OF REFORMATION TO HAVE NO BISHOPS in the Church (where they may readily be had) which maybe above their true fellow-Presbyters IN DEGREE OF AUTHORITY. Yea, with Mr. Calvin, I HOLD THEM WORTHY OF THE MOST GRIEVOUS CURSE, who will not submit to that SACRED PRELACY, which is subject to Christ. He was far from a Rooter. 8. Neither is Zanchius alone, he hath that moderate and judicious Melancthon to second him; who is so right and home for Episcopacy, that he comes with his s Jurisdictionem ●otsm, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 reddo Episconis. Melane. ad joach. Carner ●1 ep. 99 Ego reddo, ay, for my part, restore the whole Jurisdiction and dignity to Bishops. And t Io. he wisheth with all, that he and the rest of his friends might redeem peace, though it were upon harder terms. Yea, he affirms, that u Io. ep 104. he sees not, quo ore, with what face they can take from Bishops their Ecclesiastical government. And then he adds: x Ib. That I may speak my mind utinam, utinam POSSEM, non quidem dominationem confirmare, sed ADMINISTRATIONEM EPIScOPORUM restituere: I would to God, I would to God, IT WERE IN MY POWER, not to confirm the Dominion, but to restore the ADMINISTRATION OF BISHOPS. For I see, I see (saith he) what a ●inde of Church we are like to have, when the Ecclesiastical policy shall be dissolved. Video postea MULTO INTOLERABILIOREM futuram TYRANNIDEM, quam antea unquam fuit I see, we are hereafter like to have a FAR MORE INTOLERABLE TYRANNY, than ever we have known heretofore Note that; and consider, whether experience hath not made us sensible, that his words were but a Prophecy of these times. And after this he expostulates the same business with Camerarius, and questions, y Ib. ep. 106. Quo jure, by what law it might be free for them, to subvert the Ecclesiastical Policy; if so the Bishops would yield unto them, what is meet? The question being thus proposed, his resolution follows; z Ib. Et ut liceat, certè non expedit; but suppose it lawful yet is it not expedient. Luther himself was ever of this opinion; whom some, I perceive, love merely for this; because by his means they had shaked off their Bishops, and thereby gained Libertatem minimè utilem ad posteritatem, such a LITERTIE, AS WILL BE LITTLE FOR THE GOOD OF POSTERITY. This he spoke, and we feel. a Ib. For what kind of state shall the Church be in, in after ages, if all ancient customs and manners be utterly abolished, and no certain Governors established? God knows, and we imagine. 9 Hitherto you have seen, how Zanchius for himself and Calvin; and Melanthon with Luther, did endeavour, even in the shell, to crush that new model, b I. D. Passim. which ye boast to be of divine Right, and yet confess, that c I. D. Pre●at. Sect. The imputation. it is not much above fourscore years standing; and that but d Ib. in some Churches. For, the truth is, ye can give us no Precedent for the Presbyterial Government in any one Orthodox Church, for 1500 years after our Saviour's ascension. All this while the wisdom of God, it seems was breeding this truth, and stayed for you, and such as you are, to be her midwives. Her pangs were long and doubtful, but now Juno Lucina hath done her part, and the strip●ing reckons fourscore years, and that but in Cantons, in some odd corners of the world. Truth it is, he was creeping in here about seventy years since; but banished he was as dangerous to the Crown. But now he is returned in a fresh suit, and hath got the hand both of King and Bishops; yea he hath put the Peers shroadly to it; even those, that complied with him. 10. It may be, for all this, you will reply, that these are but the opinions of a few particular men. What say you to that memorable convention at Auspurg, where met all, or most of the learned, that endeavoured the Reformation? These were, at least, the whole Reformation representative; and Melancton gives them that very title in his Apology. Wherein he tells us, that e P. Melane. Apo●. confess. Aug cap. de ord Eccles. ALL THE REFORMATION did often profess in their meetings at Auspurg, that they desired exceedingly, to f Politiam Canonicam non reprehendimus. ●b. c. de ●otest Eccles. preserve that Ecclesiastical Policy, which was settled by the Cannons of the Church: as also to continue those very Degrees in the Church, which were agreed upon by humane authority. These pious men desired not the subversion, but the Reformation both of Church and Churchmen. Yea, g Ib. de ord. by Protestation they clear themselves to all porsterity, that it was neither their intent, nor fault, to overthrow the Order, or authority of Bishops. Melancthon therefore, in behalf of all his brethren, acknowledgeth, that h Ib. de Potest. Eccles. Bishops have both potestatem ordinis, & potestatem Jurisdictionis, power of Order, and power of Juridiction. And I believe, that these men had seriously considered of their Protestation. 11. But what is this, that he calls power of Order? Surely a power to do that, which Presbyters could not do; that is, a power at least, to ordain Ministers. For i Veteres ho● saepe habent, non differte aliâre ab Episcopo Presbyterum, nisi quia ordinandi potestatem non habet. Calv. Instit. l 4. Sect. 15. herein by Calvin's confession, was the difference between a Presbyter and a Bishop properly so called, in the opinion of the ancients, that a Bishop hath power to ordain, but not a Presbyter. Indeed the resolution of the ancient Church is this, k Epipha. haer. 75. Presbyterorum ordo non est potens generare patres; the whole Order of Presbyters is not able to beget Fathers, that is, Presbyters for the Church; but Bishops are able: The Order therefore of Bishops and Presbyters is not one and the same. Hence it follows, that there is a necessity of continuing Bishops in the Church, if so we desire Presbyters; since without a Bishop no Presbyter; and without a Presbyter (at least) no Lords Supper. 12 Besides, your grand Champion Walo Messalinus acknowledgeth, that l Vbi distingui ordines & gra●us caepti sunt, atque Episcop 〈…〉 exit it Pr●●ly 〈…〉, tum ordinatio non potuit esse utriusque commnois. Wal. Messal p. 299. from the time that those Orders and degrees were distinguished, and that a Bishop became greater than a Presbyter, ORDINATION COULD NOT BE COMMON TO THEM BOTH. But those Orders and degrees were from the beginning distinguished by our Saviour, though not by these specifical titles Observe, I beseech you. In the first place m S Luk 16. 13. he names the Twelve, those of the higher Order, Apostles; and after this, those of the lower Order, the Seventy, are called Diciples, as I conceive, 3. Luk: 10. 22. Or else in the four Evangelists they are distinguished from his other Diciples by number only, and not by title. In the other writings of the New Testament they are distinguished into Apostles and Presbyteres, or Bishops. n Qui Apostoli vocabantur duo rum generum fuere, primi & secundi. Primi à Christo missioné suam acceperunt, immediatè ab ipso missi Secundi ab ipsis Aposto lis Walo Messal. p 4●. The Apostles are of two sorts; either such as were immediately ordained by Christ, or such as were ordained by those Apostles. The former are called the Apostles of Christ; or o Ephes 3. 5. Apoc. 18. 20 the holy Apostles; and sometimes p ● Cor 11. 5. etc. ●2. 11 the chief Apostles. The other are styled q Phil. 2 25. Apostoli vestri, and r ● Cor. 8. 23. Apostoli Ecclesiarum, your Apostles, and the Apostles of the Churches; because they had set Cities, and a certain people committed to their charge. The twelve were ordained by our Saviour, while in the flesh he was conversant here on earth. But S. Mathias, and S. Paul, after his ascension were s Gal. 1. 1. called to be Apostles by Jesus Christ and God the Father. These did ordain, but not the Seventy, not Presbyters, or such as in Scripture text are called Bishops. S. Paul and S. Barnahas were Apostles; those we find ordaining Presbyters, Act: 14. 23. And S. Paul professeth, that he ordained Timothy, 2 Tim. 1. 6. 13. Let us now descend to those Apostles, who were ordained by Christ's Apostles. Such were S. james, Apollo's, Epaphroditus, Timothy, and Titus. None of these were immediately ordained by Christ; and yet they are called Apostles. The three former plainly in Scripture, as is heretofore evidenced; t Walo Messal. p. 40. 41. 43. etc. the latter by your good friend Salmasius. That Timothy & Titus did ordain, is too plain to be denied; and u Ib. p. 38. for Epaphroditus we have an acknowledgement likewise from Salmasius. 14. These Offices were necessarily to be continued in the Church; for x Eph 4. 12. Christ gave them for the gathering together of the Saints, for the work of the Ministry, and for the edifying of the body of Christ y Ib. v. till we all grow up unto a perfect man: Which is now but in fieri, in polishing, not perfected, neither will it be, till the second coming of our Lord and Saviour Jesus Christ. For z Col. 1. 24. the Church is the body of Christ, which will have her imperfections and blemishes, till she be made fully complete in the Kingdom of glory. Our Saviour therefore saith, a S Mat. 28. 20. Behold I am with you always, even unto the end of the world: which could not be spoken of their persons, but of their Office, b I. D. p. 14. 32. 168. as is confessed by the London Ministers: Since their persons were shortly to leave this world; but their Office is to continue, till heaven and earth pass away. When therefore c Calv. in ep. Ded. ad Edvard▪ Somerseti Ducem. S. Paul had lively described the true Government of the Church, and instructed Timothy the Bishop of Ephesus d 1 Tim 3. 15. how he ought to behave himself in the Church, he charged him in the sight of God, and before Jesus Christ, e 1 Tim. o. 13. 14. that he keep these commands without spot, and unrebukeable, until the appearing of our Lord Jesus Christ. But this he could not do in his own person, which was shortly to depart; Calvin therefore readily acknowledgeth, that f Calvin arg in 1. & 2. ad Tim. these things were written not so much for Timothy s as for other men's directions, that were to come after him; since g Beza in 1 Tim. 3. 14. herein (as Beza observes) many particulars belong to the daily Office of a Pastor. These things than must be daily and duly done, as occasion requires: But divers of these aught, and might be done by Timothy only, and by such as were of his rank; but by no other; needs therefore must this Order be continued for the edifying and perfecting of the body of Christ. This Office then being quotid●a●um munus an Office of daily use, must of necessity be continued in the Church. 15. But what Office was this, that Timothy and Titus did bear in the Church? Let Salmasius speak. h Walo Messal. p. 4●. They at that time were maimed Apostles, & revera erant EPISCOPI JVRE EODEM ET ORDINE, QUO HODIE HABENTUR, qui Ecclesiam regunt, & Presbyteris praesunt, and indeed were BISHOPS IN THE SAME RIGHT, AND OF THE SAME ORDER, WHEREOF AT THIS DAY THOSE ARE ACCOUNTED, Who govern the Church, and rule Presbyters. But this very Office was none of those, which were extraordinary, and to continue for a season only, no, no, in Beza's judgement it is quotidianum munus, an Office of daily use; of necessity therefore it must be perpetull in the Church. And yet the duties of that Office were such, i Calvin. in 1 Tim. 1. 3. quibus sustinendis non alius quilibet (e vulgo pastorum) par fuisset, as none of the vulgar Pastors, no ordinary Presbyters, were meet to undertake. And what are these? k Tit. 1. 5. Even to redress, what is amiss, and to ordain Presbyters. These are matters of moment, and require more than ordinary discretion. l Ib. For this cause S. Paul left Titus at Crete; and for this very end m Ad Philippenses eum misit, ad Ecclesi●m eorum confirm and am, & constituendos in eâ Presbyteros & Episcopos. Walo Messal. p. 58. he sent Epaphroditus to Philippi, though at that time there were in that City many Bishops. Phil. 1. 1. If then there needed no ordination, but every man without orders might have discharged Presbyterial duties; or if the Presbyter-Bishops of that City might have set that Church in order, and therein ordain Presbyters, Why did S. Paul send Epaphroditus to Philippi, to do those things, which might either have been left undone, or at least have been done as well without him. Surely S. Paul imposeth not needless businesses upon any. 16. Bishop's there were (you will say) before in that Church; if then it belong to the Episcopal Order to ordain, and reform in the Church, what is amiss, why was Epaphroditus sent thither? Take notice (I beseech you) that those Bishops were but Presbyters, or Presbyter. Bishops; n Chrysost. in Philip. 1. 1. which Order never had the power either of Ordination or Jurisdiction. S. Paul therefore sends unto them, Epaphroditus an Apostle-Bishop, who could perform both. This you see acknowledged by your most able and subtle advocate. 17. Well, let it be, what it will, lawful or unlawful, 'tis all one, in this exigent or distress that his Majesty is put to, o I. G. p. 2. notwithstanding that his oath the King (say you) without impeachment, may in this circumstance, consent to the Abrogation of Episcopacy. His Majesty's oath now falls in question; and I shall be willing fairly and calmly to consider, wherein, and how far forth a Christian King is bound to keep, or break his Oath. CHAP. VI Whether the King, without impeachment to his Oath at Coronation, may consent to the Abrogation of Episcopacy. 1. THis question hath two branches. The first, Whether a Christian King be bound to keep his Oath. The second, Whether he may notwithstanding his Oath, consent to the Abrogation of Episcopacy. His Majesty's Coronation deserves also to be looked upon; since an oath deliberately and solemnly taken, deserves the more seriously to be thought on; and will draw from God the heavier doom, if despised, or slighted. 2. By your own confession it is evident, that p I. G. p. 1. an oath against Christ's Institution is vin●u 'em iniquitatis, an impious oath, and ought not to be observed; but to be cut off with shame and sorrow; since q Ib: all bonds to sin is frustrate Confess we must, that an oath against God revealed will or honour, is a bond to sin; and therefore no sooner made then void, and to be abhorred Such is your Covenant against Episcopacy. And had the King either through misunderstanding, ill advice or fear taken that irreligious Covenant, he had been obliged, by your confession, to have made it frustrate; since it is a bond to sin, because it is against Christ's Word and Instituition, as is manifested c. 2. & 4. 3. But r Ie●. 4 2. an oath taken in truth, and righteousness, and judgement, because it is of such things, as may justly and lawfully be performed, yea because God approves & ratifies this oath, is vinculum aequitatis & necessitatis, such a bond as equity and conscience bind us necessarily to perform, to the utmost of our power. But such is his Majesty's Oath at Coronation concerning the Church, the Spouse of Christ. 4. No unrighteousness can ye show in it, the lawfulness of Episcopacy, as also their just right to govern Presbyters, is sufficiently justified c. 4. No untruth; for our Sovereign hath sworn to maintain an Ordinance of truth, of Christ himself. And sub paenâ judicij, upon pain of judgement he is bound to make good this his Oath, so justly taken, lest he fall into the hands of God, and so into eternal judgement. s Hoc jus ipsum postulat, quo quisque tenetur. Zanch. in 3 precept. de Juramento. Thes 3. Sect. Actionem. For Justice requires, that every man, much more a Christian, and a King, keep his Oath made upon such grounds, t Ib, Sect. Quid fit. though it be with hazard both of Crown, and life, and all that may be endangered upon earth. 5. Consider, I beseech you, how u Ib. Thes 6. Sect. Quid. sit. in an oath we call God to record; and we make him not only our witness, but our surety, that we will, with his blessing, perform, what we have vowed, or sworn in his name. And not only so, but we call upon him to be our Judge, and the Revenger of our perfidiousness, if so we wittingly depart from this Oath. With what face then can we fall back, and wilfully incur perjury? Is not this as Philo Judaeus hath it, to x Philo jud de special. leg ● 1. make God a shelter for our wickedness, and to cast our sin upon him? That so to the infamy of Christian Religion, we may ●oder up a fair repute before men. Is not this to cast aside not only a forehead, but all conscience, and the fear of God? Oh, (saith S. Austin) y Quid i●●â caecitate tenebrosius, ad obtinendam inanissimam gloriam, errorem hominis aucupari, & Deum testen in cord contemnere? Quasi verò ullo modo comparan●u● sit error illius, qui te bonum putat eirori tuo qui homini de 〈◊〉 bono placere stu●●s, de 〈…〉 displices Deo Aug. in Gal c. 6. What blindness can equal this, to hunt after a little vain glory by deceiveing man, while in thy heart thou sleightest God the searcher of all secrets? As if his error, who thinks thee good, were comparable with thine, who seekest to please man with a show of good, whilst thou displealest God with that, which is truly naught. 6. But this is no new thing to you, that have dispensed so long, so often, so variously with so many Oaths of Supremacy, Allegiance, and canonical obedience: That have done so many strange acts, contrary to your faith, and subscription. Take heed in time, lest not only your oaths, but your own hand-writing arise in judgement against you, for casting off the Book of Ordination; For renouncing the Book of Common-Prayer; For disclaiming the Articles of the Church of England, with those three Creeds, the glory and hope of all good Christians. Thus you, and your brethren, are become Apostatas and renegadoes to all Religion and piety; graceless, faithless, perjured men. God of his mercy give you a sense of these sins, that so you may in time repent, and make some satisfaction to the Church of Christ, by an open confession, and by a full detestation of those presumptuous and crying sins. 7. This Oath his Majesty took solemnly before God, in the house of God, in the presence of the Nobility, and Clergy, and a multitude of his liege people. And shall not all these oblige him so much the more to be tender of this Oath? Zanchius tells us, that z Gravius est peccatum, facere contra publicum s●●enne jusju andum, quam contra privatum. Zanch. in 3 precept. Thes. 4 Sect. Actionem. it is a more grievous sin to offend against a public solemn 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 persuasion; so no excuse that way. Indeed it was taken a Jer. 4. 2. in truth, in judgement, and in righteousness. In truth, his sacred Majesty resolving truly to keep it: In Judgement, judiciously, upon mature deliberation; and in righteousness; 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 promiss●ry Oath to a great body of this His Kingdom, the whole Clergy of this Land; and those not the meanest of his Subjects. And not only so, but to holy Church his mother, and to God the Father of us all. How can he then disclaim this Oath? which so obligeth his conscience before God. that b Omnino juramentum quisquis suum. sine ullo prorsus dot●, aut de●raudatione, ●u●● Gentium legeque Dei, ipsis etiam hostibus, & latronibus fervare teneatur: eosque à nemine hominum ta●i i●r●méto lib rari possit. Zanch in 3, precept. Thes. 6. ●ad he bound himself by such a tye to highway robbers, or to his professed enemy's, he had been bound by the Law both of Nations and Christianity, strictly to have observed it without fraud or coven. Talk not of a dispensation. Nor life, nor death, nor principalities, nor powers, whether civil or spiritual, can possibly discharge him of this oath; no more than they can me of my oath of Allegiance. And yet it is a point of your Religion to persuade to perjury; as if it would ease your consciences, to have millions concur with you in the same perfidiousness and end. 10. Is perjury a sin, or no sin? If it be a sin, and an heinous sin, c Gen. 39 9 how then can I commit this great wickedness, and sin against God? Is it no sin? If you be of that mind, speak out, show yourself 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 forsworn, then to forgo your present maintenance. But our most gracious Sovereign, whom God ever bless, hath wholly fixed his heart upon God, and his Word, wherein we are charged d Levit. 19 12. , not to swear falsely by the name of the Lord; no, e S. Matth. 5. 33. nor to forswear ourselves, but to perform our oaths unto the Lord. Mark; 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 Lord's behalf; yea upon the Lord's credit; for by his name, and upon his book we swear to do it. And if we do it not, f Exod. 20. 7. the Lord will not hold us guiltless. Minus dicitur, plus intelligitur; by this one word much may be understood; For g Mal. 3. 5. the Lord will come against us in Judgement, and call us to an account for our oaths. h S. Isa. 5. 12. Oaths therefore must be avoided, lest we fall into condemnation. For perjury is a foul, a dangerous, a damnable sin. i Zech. 8. 17. Odious it is to God, because, k Levit. 19 12. it defiles his most holy name. l Hos 4. 2. 3. For this very sin the land mourns; I beseech God, it become not desolate. Sure I am, m Zech. 5. 4. 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, n Ecclus. 23. 11. his house shall be full of calamities, and the plague shall never depart from it. Let Zedekiah be our evidence. o 2 Chron, 6. 13. He took the Oath of Allegiance to Nabuchadnezzar; but slighted it, and rebelled against that his Sovereign Lord, who had so highly honoured him, and trusted him with a Kingdom. But what became of him? p 2 Reg. 25. 6. 7. The Caldees came, besieged Jerusalem, conquered 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 yourselves or any other, by some later Covenant; this will not serve the turn. Was the first sworn in truth, and judgement, and righteousness? 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 misguide us not, q Zanch. in 3. precept de Juramento Thes. 6. Sect. Prima igitur. Posteriores promissiones, etiam juramento firmatae, nihil de prioribus detrahere, aut imminuere possunt: Later aths cannot possibly make the former of no, or less validity. Why then do you persuade the King to break his oath? He that enticeth a man to perjury, under pretence of piety and Religion, r Nihil judicandus est dicere, qui dicit aliquae iustae esse mendacia, nisi aliqua iusta esse peccata, ac per hoc aliqua iusta esse, quae iniusta sunt. Quo quid ab surdius dici potest? Aug. cont. mend. c. 15. what doth he else but affirm, that some perjuries are lawful. Which is as much to say, as some sins are lawful. 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 piety, or discretion. Think not then to ensnare prudent and conscientious men, with such frivolous and senseless pretences; which favour strongly of absurdity, if not of Atheism. CHAP. VIII. Whether the King may desert Episcopacy without perjury. 1. GIve me leave to pass 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 loyal ears, lest I may seem to avoid your subtle and saucy cavils, as unanswerable. For do not you say▪ that I G. p. 7. your second Antagonist plainly affirms, 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 God's assistance, manifest, that His Majesty without violation to his Oath, and to Religion, may not desert Episcopacy, and leave it naked to the subtle fox, or the merciless swine. 2. First, according to your own confession, his sacred Majesty hath sworn to almighty God, in his holy place, before a solemn Assembly, to t I. G. p. 8. protect the Bishops, and their privileges 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 evil 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. This right is grounded upon Scripture; for God saith, u Es 49. 23. Erunt Reges nutritii tui, Kings shall be nursing Fathers, and Queens shall be nursing Mothers to the Church. Who then dares say, they ought not, or shall not? 3. Besides, what is done in right is injurious to no man; since jus and injuria, right and wrong cannot consist in the same action, under the same consideration. And yet no right is done, but it is displeasing to the adverse party. God did right in protecting Moses and Aaron, against Korah, and his confederates. He did right in destroying those factious and rebellious persons; and yet x Num. 16. 41. this was displeasing to all the congregation of the children of Israel. And shall God or the King forbear to do right, because the multitude murmur at it? This be far from the Lord and his Vicegerent. A Judge is sworn to do right. If then he do not right to the utmost of his understanding, he is perjured. And the more eminent a man is in place, the greater the sin. You know, to whom it was said, y Sam. 12. 14. Because by this deed thou hast given great occasion to the enemies of the Lord to blaspheme, the child that is born unto thee, shall surely die. And of Jer●boam it was said, z Go, tell him, thus saith th● Reg. 〈…〉 &c▪ Lord God of Israel; For as much as I ex●●ted the fr●m ●m●●g the people, and made thee Prince over my people Israel: and yet th●● hast done evil above all that were before thee, and hast cas● me behind thy 〈…〉▪ Therefore behold, I will bring evil upon the house of Jeroboam▪ etc. 4. Secondly, the King hath sworn to be the Protect●r and Defender of the Churches under his Government: and this, you will confess, the King ought to do. But the King doth not protect the Church, unless he protect the Bishops; since without Bishops the Church must needs crumble away, and come to nothing. The Bishop is the ministerial Spouse of the Church: how then can the Church be protected, if her husband be taken from her, or stripped of his means? Just as our wives are maintained with the fifth part. Fed with an Ordinance, with words; but where's the fifth part? which of our wives have had that justly paid them? 5. The Bishop is, under Christ, the Father of the Church. Destroy the Father, and how shall the Children be provided for? Nay who shall beget children of the Church, when she is void of an Husband? And the Bishop is the only Husband of the Church; a Concil. Chalced. can. 25. take ●way the Bishop, and the Church is a Widow; if you will believe the Council of Chalcedon. b C. 5. I have heretofore manifested, that none but a Bishop can ordain either Priest or Deacon. And Zanchius determines, that c Ministris carere non potest Ecclesia, qui externas res administrent, ver●um & Sacramenta. Zanc. in 4. precept. de Minist Eccles. 9 1. Sect ontavo. the Church may not want Ministers, who are to administer these external things, the Word and Sacraments. Remove the Ministers that have this power derived unto them from Christ, and the Sacraments must fail, and consequently the Church. For what d Act. 19 is the Church, but a Congregation of Christians, wherein the pure Word of God is preached, and the Sacraments duly administered, ACCORDING TO CHRIST'S ORDINANCE. But, according to Christ's Ordinance, none may administer the Word and Sacraments but Bishops, Priests, and Deacons. Take these away, and what becomes of the Sacraments? Take away Baptism, and according to God's ordinary and revealed way, we cannot become Christians, e ●. Joh. 3. 9 we cannot be born anew of water, and of the holy Ghost. And when we are become Christians, take away that food of life, the Lords Supper, and we must needs famish: for f S. joh. 6. 53. unless we eat the flesh of the Son of man, and drink his blood (in that blessed Sacrament) we have no life in us. Hence is that of Calvin: g Neque vel Solis lumen ac calor, velcibus ac potus tam sun▪ prae send v●tae foven dae ac sustinendae necessary, quam est conserv●ndae 〈…〉 rris Ecclesiae postolicum, ac 〈…〉 storale munus. Calvin. Instit. l. 4.▪ 3, Sect. 2. The light and heat of the Sun, meat and drink are not so necessary for the cherishing and sustaining this present life, as the APOSTOLICAL and Pastoral OFFICE is for the PRESERVATION OF THE CHURCH on earth. If then it be proved, that Bishops properly and strictly so called, be of the same office and order with the Apostles, then have we Calvin's acknowledgement, that the Church cannot subsist without Bishops. 6. Indeed it cannot, if we believe S. Cyprian; for he saith, that h Cypr. ep. 99 n. 31. we ought to know Episcopum in Ecclesia esse, & ECCLESIAM IN EPISCOPO; that the Bishop is in the Church, and the CHURCH IN THE BISHOP: it stands and falls with him. What then becomes of that Church, where there is no Bishop? i Ib. Si qui cum Episcopo non sint, in Ecclesia non esse. We must also know (saith that blessed Martyr) that they, which are not with the Bishop, are out of the Church. Thus the Bishop is in the Church causaliter, causally; but the Church in the Bishop virtually. The fountain is in the brook causally; and the brook in the fountain virtually; because from the fountain the Rives derives his being, from thence it is derived and fed. Damn up the fountain, or divert his course, and what becomes of the river? Thus is it between the Bishop and the Church. Hence I infer, that the matter of the Oath is lawful: I conclude therefore, with the Author of the Review, that k I. G. p. 7. His Majesty is bound in Religion and conscience to protect the Bishops with their Churches, and privileges. Unless it be so, that you can bring him a new Christ, who will ordain another way to heaven. 7. But, say you,▪ it is a ground laid down by this Author, that Ib. ● no oath is obligatory beyond the intention of it. That is, according to the common, plain, and literal meaning thereof, otherwise we know no intention of an oath. We must therefore look back to the intention of the first framers thereof, as also to the good and security of those, to whom, and for whose sake, it is tak●n. n. That m I propose to consideration, whether the in tention of this Oath be not only against a tyrannous invasion on the rights of the Clergy: not against an orderly alteration of them, if any prove inconvenient, and to protect them against violence, not against ●egall ways of change. I. G. p. 7. the intention of this oath, and the framers thereof, is against a tyramous invasion on the rights of the Clergy; as also to protect them against violence, no question at all is to be made; and you do well to acknowledge it. So far then the King is to protect them to the utmost of his power. And hitherto, by the assistance of God, he hath done it: and my trus● is in Jesus Christ, that he will strengthen our good King to live and die in this pious and Princely resolution. 8. This Oath is to the Clergy; the King then must have an eye upon them, and their intention, who so humbly beg his protection, and to whom he makes this oath. n Aug. ep. 225. Expectationem enim eorum, quibus juratur, quisquis decipit, non potest esse non perjurus: For he that deceives their expectation, to whom he swears, cannot but be perjured. This S. Austin proves at large in the preceding Epistle; wherein o Aug ep. 224. he wonders, that any man should be of such an opinion, as to conceive, that a man might incur certain perjury, to avoid uncertain danger, loss or death. It is a rule therefore in the Canon Law, p C. Quacunque 22. quaest. 5. Quacunque arte verborum quis juret, Deus tamen, qui conscientiae testis est, ita hoc accipit, sicut ille, cui juratur, intelligit. What art soever a man use in the words of his Oath, God who is witness of the conscience, takes the Oath in that very sense, wherein the party takes it, to whom we swear. Otherwise we shall not only deceive others, but we shall cheat ourselves into equivocation, wherewith of late we have so justly charged the Jesuits; and for which the Father's most deservedly heretofore condemned q Euseb hist. l 6. c. 31. the Helcheseites, r Iren. l. 4. c. 53. Valentinians, s Sulpit. Sever. hist. l. 2. Priscillianites, and t Hierom. ep. 65. c. 1. the followers of Origen. Truly, I am much afraid, we are fallen into such times, as Roger Hoveden complains of under K. Steven; u Perjurare fidem, mentiri, nobile factum: Prodere vel Dominos, actio digna viris. Rog. Hove. in R. Steph. p. 485 wherein it was accounted a noble act to lie, and forswear; and a manly deed to betray their Lords and Masters. 9 And is not this, which is wrought against the Clergy, a tyrannous invasion? What Law is there to countenance, what of late years hath been done against us? Where is the orderly alteration, you speak of? Hath not all been done by tumults, and insurrections? Have not divers of the Peers been assaulted, and many of the Commons vilified, and terrified by a seditious faction, that so they might bring them to their own bend? How many have been enforced to fly with all secrecy from Westminster, because they would not pass their Vo●es against Law and conscience? Was it orderly to frame Petitions at Westminster, against the Bishops and Orthodox Clergy, and then to glean hands in the Country from factious spirits, to your own Petitions? Was this an orderly alteration, without any pretence of Law, to deprive us of our freeholds, to plunder our houses, to imprison our persons; and to thrust into our Benefices men with unwashed hands, Feltmakers, Blacksmiths, Tailors, and I know not whom? And yet all this hath been done by our great Masters in Israel. 10. By your own confession, the King hath taken an oath to protect the Clergy and their rights against violence, and a tyrannous invasion. But how shall he protect us, that is not able to secure himself? This, it seems, was his duty, and with God's assistance in his power, when his sacred Majesty took the Oath. His duty still it is, though he be robbed of his power. And when God shall restore him to his power, he is bound to discharge this duty. For you confess, that x I. G. p▪ 8. 9 his Majesty is engaged to his power to protect the Bishops and their privileges. And if he break this solemn Oath, in his own person, with what conscience can he punish perjury in others? 11. An orderly alteration, or Legal ways of change, who condemns? But we justly complain, that no such alteration hath been endeavoured. For that is not orderly, which is illegal: neither can that be imagined rational, which is wrought by violence, or forced upon a King. He is to be ruled by the word of God, and right reason, y Sir Ed: Coke in Litleton▪ ●. 2. Sect. 138. which is the life of the Law; not to be overawed, or over-swayed by a faction. 12. That z This is as much, a 〈…〉 rational for a King to undertake & th' r●. f 〈…〉 in ●●g●● reason the Oat● should have no other ●●n●e I G p. 7. it is rational for a King to undertake, to protect the Clergy against violence, you acknowledge; and it is no more than all the King's Ministers are bound in conscience to perform, The King hath done it, blessed be God, to the utmost of his power. Whether the King's Officers, and those he hath put in trust, have done their duty, wi〈…〉 be answered for at an higher bar. In right reason the Oath should have no other sense. Th●● sense than it hath; and we desire that sense may be made good by Parliament, and we restored to our free-holds, according to reason, and Law; and satisfaction made us for our losses, ●nd illegal imprisonment, ●ill an orderly and Legal change be made. CHAP. VIII. Whether the King's Oath taken to the Clergy, be injurious to his other Subjects, and inconsistent with his Oath to the people. 1. YOu Object, and we confess, that a This Oath to the Clergy, must not be intended in a sense inconsistent with the King's Oath to the people, first taken for their protection in their Laws, and Liberties. I. G. p 7. this oath to the Clergy, must not be intended in a sense, inconsistent with the King's Oath to the people? How? Inconsistent with the King's Oath to the people? What? All blind but Mr. john Geree, and his confederacy? King and subject, Priest, and people, composers, approvers, takers, all dim-sighted? How came you to spy this foul mistake? Surely this is one of your new lights; for both these Oaths as you please to call them, have happily stood, and may long stand together. There was a time, when the devil had found a device, to set God and Caesar at odds: but our Saviour set them to rights; b S. Mat. 22. 21. Give (saith he) unto Caesar what belongs to Caesar, and to God, what belongs unto God. That difference being reconciled, that Arch enemy of man, hath found out a late device, to raise a quarrel between Clergy and people, as if the Liberties of the one could not consist with the Rights of the other. But we have learned of our blessed Master to set these also at one, and beseech his Majesty, to give unto the people what belongs to the people, and to the Clergy, what belongs to the Clergy. We desire nothing, that is theirs; and we are certain, that no good man will repine, at what is justly Gods, or ours. 2. It is God's command to c Rome 13 7. give every man his due. And if any Law be made contrary to this, it is no Law. The reason is, because d Ib. v. 1. all power i● from God, and under God. e Lex divina sicut Deo●●rtur ●●rtur, ita à solo also tolli, aut abroga●i po●est Lex autem human● sicut per hominem con●tituitur, ita ab homine tolls, aut abroga●i potest. Franc. à V●ctor. Relect 3 n 16. That Law then, that God hath made, man may neither abrogate, nor alter; it is only in the Lord's breast to do it. Indeed what is settled by man, may be changed, or abolished by man. But man must be careful, that the Law be just. f Tho. 1. 2●. ●. 96. 4. Lex enim non obligat subditos, in foro conscientiae, nisi s●t justa: No Law binds a subject in case of conscience, unless it be just. Indeed it binds them not to performance, but to submission. Though they be not bound to perform, what is enjoined; yet must they submit, to what shall be inflicted; since resistance is damnable. Ro. 13. 2. 3. Since than it is only the just Law that binds us to obedience, it will not be a miss to set down, what Laws are just, and what not. g Tho. Ib. That a Law be just (saith Thomas) three ingredients are requisite: first, Power in the Lawmaker; 2ly. the end, that it be for the common good; and 3ly. the form; namely, that all burdens and taxes be equally, evenly laid upon the Subjects; not more upon one then upon another, but proportionably upon every man according to his estate. Laws so qualified, are just, because impartial. 4. From hence we may safely conclude, that h ay▪ b. those Laws are unjust, where, in the first place, the Imposer wants authority. 2ly. When burdens are imposed, that are not for the common good, but for private interest, gain, or glory. 3ly. When taxes, or subsidies, though for the public good, be unequally laid. Or, in the last place, when Laws contradict Gods written Word: For i Gul. Ockam de Jurisdic. in causis matrimon. all Laws ought to be so framed, ut illis, quos tangunt, prosint, & nemini praesertim notabile afferant n●cumentum: That they may be commodious for those, whom they concern, 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 k Fitzherbert. nat. brev. tit. Protection. p. 28. the King may grant privileges to any Corporation, so they be not prejudicial to some other of his Subjects. 5. But wherein is the King's Oath to the Clergy, inconsistent with his Oath to the people? Because his Majesty hath first (say you) taken an oath for the protection of the people in THEIR LAWS and liberties. Their Laws? The people's Laws? Who made them makers▪ or Masters of the Laws? Do the people use to make Laws in a Monarchy? Behold, all are Lawmakers. Who then shall obey? None but the Clergy▪ Thus the Clergy 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 l Gal. 1. 10. 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 King's Laws, so we call them, and so they are; and his subjects must observe them. Otherwise m Rom. 13. 4. he beareth not the sword in vain. The Liberties indeed are the peoples, granted and confirmed unto them by the Sovereigns of this Realm. But wherein n For then the latter Oath would be a present breach of the former, and so unlawful. I. G. p. 7. will the latter Oath be a present breach of the former and so unlawful? 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 Clergy by this Oath. But when all comes to all, it is no more than this, that o Ib. One of the privileges 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 privilege, you speak of, had not been a privilege of the people, but of the Parliament, that is, of the Peers and Commons, representees of the people met in a lawful and free Parliament with the King's consent. Not of the representees of the people alone. But you would fain incense the people a new against us, under a pretence, that all is for their good, and for the maintenance of their privileges; because they are represented by the House of Commons. Whereas the truth is, you endeavour to devolve all upon that House, for the erection of P●ssbytery; That so both Church and State may be democratical, 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 privileges of the people is, say you, that the Peers and Commons in Parliament HAVE POWER TO ALTAR whatever 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 only derivative, and that from the people? Your words are plain; one of the privileges of the people is, that the peers have power. As if the Lords had no power in Parliament, but what issued from the people's privileges. 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 low. And if it be one of the people's privileges that the Lords have power; then is it also one of their privileges, 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 people's privileges are but several grants of the Kings of this Land, proceeding merely 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, until they be summoned by the King's Writ. So the people's privileges depends upon the King's summons; no such privilege till then. 7. And whereas you say, that the Peers and Commons have power to alter, whatever is inconvenient; You are much mistaken. When by the King's summons they are met in Parliament, they have power to treat and consult upon alterations, as also to present them to his Majesty, 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, ubique obstinentis principatum. This a full testimony of the King's power in all causes, and over all persons, that the Lords & Commons Assembled in Parliament are fain to Petition for his Royal 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. p Eccles. 8. 4. Where the word of a King is, there is power; it is his word, Le Roy Le V●lt, that makes it a Law; then 'tis a Law, and not before. No power makes it a Law but his. For q Ib. v. 3. 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 Laws. The reason is given by that renowned Justice Jenkins; because r Lex terrae. p. 14 & 15. the Law makes the King the only Judge of the Bills proposed. s Eccles. 8. 2. I counsel thee therefore to keep the King's commandment (or, to take heed to the mouth of the King) and that in regard of the Oath of God. t Gen. note in loc. 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 Kingdom not long since acknowledged, that u 1 I●c. 1. without the Royal consent, a Law can neither be complete nor perfect, nor remain 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 essential to Kings, as to govern by Law, and sway the Sceptre. Declar. of the Kingdom of Scotland. p. 34. 8. But if this be the people's privilege, that the Peers and Commons in Parliament have power WITH THE CONSENT OF THE KING to alter, what is inconvenient: Whose privilege is it, I pray you, for the Lords and Commons, without the King's consent, to make alterations, and abrogations with root and branch? This is no privilege of the people, nor yet of the Houses; x Lexterrae, p. 29 Because (as Justice Jenkins observes) it is against their Oaths to alter the Government for Religion. For (saith he) every of them hath sworn IN THIS PARLIAMENT, That His Majesty is the only Supreme Governor in all causes Ecclesiastical, and over all persons 9 But what inconvenience, I pray you, ariseth to the people from the rights and privileges of the Clergy? Not tithes. No, say you, y I D. p. 33. that justify them to be due to your precious Presbyters, by divine right. Not the Bishop's revenues. By no means; z I. G. p. 6. they must not come into any man's hands but yours; who are the Parochial Pastors; These must be your maintenance. a Ib. To seize them to private or civil Interest, is detestable sacrilege, cried out upon all the world over, and to be deplored of all good men. So you with your Master Beza. Indeed to take them away from those, that are entrusted with them, would prove marvellous inconvenient to the people. 10. How many inconveniences will arise to the people of this Kingdom, by stripping the Clergy of their immunities, and lands, cannot suddenly be discovered. Some of them I shall lay down, and leave the rest to be displayed by those, that are cleared fighted. First the curse, that is likely to fall upon this whole Nation by sacrilege. For a national sin must have a national punishment. b Deut 25. 2. Admensuram delicti erit & plagarum modus; according to the fault, and the measure thereof, the number of the stripes shall be. Let it be considered, how from several Counties multitudes came in with Petitions, for the exrirpation of Episcopacy. By whose instigation the Petitioners best know. Think not to avoid the scourge, because multitudes conspired in the sin: ᶜ Exod. 23. 2. We must not follow a multitude to do evil. Hope not to lie hid in a throng; d Num. 32. 23. be sure, thy sin will find thee out, as e Iosh. 7. 18. it did Achan among the thousands of Israel. His nobility could not excuse him. Remember that this was for sacrilege; for f Ib. v. 21. he stole two hundred shekels of silver, & a wedge of gold, g Iosh. 6. 19 which were consecrated unto the Lord. This is a dreadful sin, h Gen. 4. 7. it will lie at thy door; it will be a stone of offence to thee, at thy going forth, and thy coming in. 11. I know there are men of several minds met at Westminster. Some are wholly bend upon Church lands, and are resolved to swallow them up, come what will come. Others are content to Covenant, Vote, or do any thing to save their own stakes; For to what purpose were it for them to withstand? Alas, they are but an handful; they may wrong themselves, but no good can they do to Church, or King. But we forget the Lords rule; i Exod. 23. 2. Thou shalt not speak in a cause, to decline after many, to wrest judgement. 12. Some young gentlemen there are, that must plead Ignorance in their votes, as being not acquainted with the state of the question; much less with the mystery of iniquity, which worketh powerfully in the sons of disobedience. But they must know, that there be sins of ignorance; for these there must be an atonement made by the Priest, and without this, for aught I read, no forgiveness. Levit. 4. Yea, saith the Lord, k Levit. 5. 17. If a soul sin, and commit any of these things, which are forbidden to be done by the Commandments of the Lord, though HE WITTED IT NOT, yet is be guilty. And he shall bear his iniquity, for l Ib. v, 19 he hath certainly trespassed against the Lord. But to bring it home a little nearer to these times, that are so violent for sacrilege, let all Achans brood give ear to the words of the Lord, m Ib. v. 15. 16. If any person transgress, and sin through ignorance, by taking away things consecrated to the Lord, HE SHALL RESTORE THAT, WHEREIN HE HATH OFFENDED, in taking away of the holy thing, and SHALL PUT THE fifth PART MORE THERETO, AND GIVE IT UNTO THE PRIEST. Then n Ib. v 15. shall the Priest make an atonement for him, not before; then shall the sin be forgiven him, not before. Here then remains no excuse for any, that have the least hand in sacrilege, without restitution. But why do we o Rom. 2. 22. abhor Idols, and commit sacrilege? Why rob we God, as if he were an Idol, not sensible of these wrongs, nor able to revenge them? 13. Next, when the Church is stripped of her means, what kind of Clergy shall we have? p 1 Reg 12. 31. Jeroboams Priests; the lowest, and meanest, of the people. For as now, so then, q 2 Chron. 11. 13. 14. the Priests and Levites followed their true liege Lord. For that Arch-rebel and his sons had cast them off from executing the Priest's office. This being done, r 1 Reg. 13. 33. who would, might consecrate himself, and be one of the Priests of the high places. Like King, like Priest; each had alike right to their places. A lively character of our times. These are called the Devils Priests, 2 Chron. 15. 11. men that wanted either the knowledge, or the fear of God, or both. And surely this is the ready way to fi●● our Priest's places with men void of Learning, not s 1 Tim. 3. 2. apt to teach, not t Tit. 1. 9 able by sound doctrine either to exhort, or to convince the gainsayers. Now S. Peter tells us, that u 2 S. Pet. 3. 16. the unlearned and unstable (ungrounded men) wrest the Scriptures to their own destruction. What then shall become of the people? x S. Mat 15. 14. If the blind lead the blind, both shall fall into the ditch. This will bring us to that pass, which Bishop Latymer speaks of, y Bp. La●yme● Ser. 5 before K. Edw: VI. We shall have nothing but a little ENGLISH DIVINITY; which will bring the Realm into very barbarousness, and utter decay of Learning. It is not that, I wis (saith that good Bishop) that will keep out the Supremacy of the Bishop of Rome. And this will be a strange dishonour to this Nation, which hath always abounded with Learned men. 14. ³ Hospitality will come to nothing; ⁴ your rents will be racked; and ⁵ your sons barred from one fair and most commendable course to preferment. For with us no one family, or set persons are tied to be Priests, as was the Tribe of Levi. The qualification of the person, and not his pedigree, is with us inquired into. What understanding man then will freely dedicate his son to the Ministry, and be at an extraordinary charge to breed him up to Divinity, when his reward shall be certain poverty? And what Scholar of worth will desire Orders, when he knows, that by these he shall be exposed to contempt and beggary? Though we love the Priesthood, when we are miserable in it; yet no man affects the Priesthood, that he may be miserable. I know many, since our coat is grown so contemptible, who intended Divinity, that have diverted their study to Physic; knowing that this Nation is careful of their bodies, though careless of their souls. 15. Is it not enough by this extirpation to bar yourselves from heaven, unless ye sink your posterity into the same damnation? Is it not enough to murder Priests, unless ye slay the Priesthood also? Certainly ye run the ready way to do it. If ye will not believe Bishop Latymer, because a Priest; yet trust Sir Edward Coke, because a Lawyer and a Statesman. This great learned man assures us, that z Sir Edw: Coke Reports, 2d. part. Levesque de winchester's Case. fol. 44. It is a more grievous and dangerous persecution to destroy the Priesthood, than the Priests. For by robbing the Church, and spoiling spiritual persons of their revenues, in short time ensues 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 Divinity, when after long and painful study they shall have nothing whereupon to live. Will not our Church then come to a sweet pass? And yet to this pass we are almost brought. 16. All the inconvenience, that Mr. Geree presseth, is this, that a I. G. p. 7. 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 b Ib. a former and a latter Oath; the former to the people, the latter to the Clergy. As if His Majesty took two several Oaths, at two several times. Whereas in truth it is but one Oath, c The King's Oath taken at Coronation I. G. p 1. as you acknowledge p. 1. taken at the same time, and, as it were in a breath. Indeed there are several privileges proposed to the King, which he first promiseth, and afterwards swears to maintain. As for the promise, it is first made in gross to the people of England; & afterwards to the several States of this Realm; but first to the Clergy by name. In general 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 Nobility, Clergy, and Commons of this Kingdom. Afterwards distinguishing them into several ranks, he begins with the Clergy, promising that he will keep to them the Laws, Customs, and Franchises granted to them by the glorious King S. Edward his Predecessor. Secondly, he promiseth to keep peace and GODLY AGREEMENT entirely, to his power, both to God, the holy Church, the Clergy, and the People. Here also, you see, his promise to the Church, and Clergy, goes before that to the People. In the third branch His Majesty 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 h●ld and keep to the Commonalty of this HIS KINGDOM, the Laws, and rightful Customs, which they have TO THE HONOUR OF GOD [mark that] so much as in him lieth. 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 Clergy, should seem to be omitted, and an evasion left to some malignant spirits, to work their ruin, and yet seem to continue a Clergy; the King promiseth to the Bishops in particular, that he will preserve and maintain to them all Canonical privileges, 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 solemn Oath in the sight of all the people: The things, that I have promised, I shall perform and keep; So help m● God, and the contents of this Book. Though then the promises be several, the Oath is but one: and so no former, no latter Oath; not two, but one Oath. d The King's Oath to the people, first taken for their protection▪ etc. ay▪ G. p. 7. The King's 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 marshaled into several estates, Corporations, and conditions. There you shall also see the several Laws▪ Customs, and Franchises, 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; e Mag. Charta ●● These words are added to avoid all scruples that this Great Parliamentary Charter might live, and take effect in all successions of age● for ever. Sir Ed Coke in loc. Inprimis concessimus Deo: First, we have granted to God, and by this our present Charter have confirmed, ᶠ in behalf of ourselves 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, tells us, that g Sir Edw Coke Proem to Magna Charta. this Charter for the most part is but DECLARATORY OF THE ANCIENT COMMON LAWS OF ENGLAND: to the observation whereof THE KING WAS BOUND AND SWORN. And not only the King, but h Ib. the Nobles and Great Officers were to be SWORN to the observation of Magna Charta: i Ib. which is confirmed by thirty 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 k Sir Ed Coke in Mag. Chartley c. 1. the possessions and goods of Ecclesiastical persons be freed from all unjust exactions and oppressions. Secondly, that l Madge Cham c. 14. no Ecclesiastical person be amerced (or fined) according to the value of his Ecclesiastical Benefice, but according to his Lay tenement, and according to the quantity of his offence. Thirdly, that m Ib. c. 1. the King will neither sell, nor to farm set, nor take any thing from the demeans of the Church in the vacancy. Fourthly, that n Sir Ed. Coke in Mag. Chart. c. 1▪ Sect. Et habe. bunt. all Ecclesiastical persons shall enjoy all their lawful Jurisdictions, and other rights wholly without any diminution or subtraction whatsoever. Fiftly, o Sir Ed. Coke in Litleton l. 2, Sect. 201. A Bishop is regularly the King's IMMEDIATE OFFICER to the King's Court of Justice in causes Ecclesiastical. Sixtly, p Ib. in Sect. 136 It is a Maxim of the Common Law, that where the right is spiritual, and the remedy therefore only by the Ecclesiastical Law, the conusans thereof doth appertain to the Ecclesiastical Court. Seventhly, q Ib. in Sect. 201. Sir Edw: Coke tells us from Bracton, that r Nullu● ali●● praeter Regem potest Episcopo demandare inquisitionem ●●ciendā. Bract. l. ●. 100LS. no other but the King can demand (or command) the Bishop to make inquisition. Eightly, s Sir Ed. Coke in Madge Chartley c. 1. Sect E● habeat. Every Archbishopric and Bishopric 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. t Sir Ed Coke instit part l 4 c 1. Sect O● what persons. And every one of these, when any Parliament is to be holden, aught ex debito Justitiae (by due of Justice) to have a Writ of Summons. And this is as much as any Temporal Lord can challenge. The conclusion of all is this, that u Mag. Cham c 38. 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 pass for nothing. Hence x Sir Ed Coke Proem in Mag. Chart. 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 King's Ministers whatsoever, IT SHALL BE UNDONE, AND HOLDEN FOR NOUGHT. Let all true hearted Englishmen observe this, that are lovers of their Country's liberties. 21. We have seen, what the King hath granted & sworn, as also in what order; and that the Oath is but one. And yet Mr. Geree goes forward, as if it were certain without question, that this to the Clergy, were a several Oath from that to the people. Confidently therefore he presseth it, that y He cannot afterwards in●age himself to any particular estate to exempt it fr● this power: for by that Oath at lest cessit ●●re suo I G p▪ 3 the King cannot afterwards engage himself. Whereas he engaged himself alike to his people at the same instant, that he would preserve the privileges both of Clergy and Commonalty, because both his people. Now, why His Majesty should be bound to maintain the privileges of that one estate, rather than of the other▪ I cannot conceive. Especially when I consider, that z Conce●●imo Deo, quod Ecclesi● A●glicana libera ●it Mag. Cham c. 1. the privileges of the Clergy are granted to God; without whose blessing nor privilege, nor people can be preserved. The King then herein non c●●sit jure suo, hath not yielded up the Clergy or his right to any other; neither can he with a safe conscience do so. But since a Sir Ed. Coke Proem. in Mag. Chart. Magna Charta hath been so often confirmed, even by 32. several Acts of Parliament, the Parliament, in that sense you take it, hath parted with that right it had, by these several Grants and Confirmations: and we ought in justice to enjoy our privileges, and they to maintain them▪ unless they mean to affront and subvert so many Acts of Parliament, and that main Charter and honour of this Kingdom. As if they only had the judgement of infa 〈…〉 ibilitie; which Scotland denies. Declarat. of the Kingdom of Scotland, p. 19 CHAP. IX. How far forth, and wherein the Clergy is subject to a Parliament, and to what Parliament. 1. THe net is prepared, the snare laid, danger is at hand, and yet we must not forsake, or betray the truth in time of need. The noose laid by our Church adversary, is this: b I. G. p. 7. The Clergy and their privileges are subject to the Parliament, or they are not. To this we must say, yea, or nay; and the man thinks he hath us sure enough. But the man is mistaken, one mesh is not well made up; and I must tell him that we are subject to the Parliament, and we are not. Subject we are to the Parliament, consisting of head and members; but not to the members without the head, not to the members alone; since we are subject to the members merely for the heads sake; and in those things only, wherein he subjects us to them. Set apart the head, and we are fellow members, fellow subjects. For jowe no temporal subjection to any or many Subjects, but only for the King's sake. Though the Parliament be a great, a representative, an honourable body, yet it is but a body: And that body, with every member thereof, owe obedience and service to the head; not one to another. I say nothing, if I prove it not by Scripture. c 1 S. Pet. 2. 13. 14. Submit yourselves to every Ordinance of man for the Lords sake; Whether it be to THE KING AS SUPREME; or unto Governors, AS UNTO THOSE THAT ARE SENT BY HIM, by the King. As if he should say, Submit yourselves to the King, for the Lords sake; and to other Governors for the King's sake. For King's have their Commission from God; but all State Governors from the King: and jowe them no subjection beyond their Commission. If then it shall please the King to give the members of Parliament power over us, we must submit either by doing, or suffering. Either by doing, what they shall command, or by suffering, what shall be inflicted on us. 2. Subjection is not due to them, as they are great, or rich men; but as they are the King's Ministers. This is evident, because d Lex terrae. p. 8. all Commissions breath and expire with the King e Ib. 7. Upon death of the King follows necessarily the dissolution of Parliament. None of us, that are mere Subjects, have at such a time power one over another, but only by advice; none of us authority, but only as this or that man hath gained esteem by his wisdom and integrity. Only the priesthood never dies, because Christ ever lives, from whom the Priest hath his Commission. But all other subordinate powers expect a new Commission from the succeeding Prince. This experience taught us upon the death of Queen Elizabeth. 3. Though this be truth, yet no truth can charge us, that f I hope they will not now claim an exemption from secular power. I. G. p. 7. we claim exemption from secular power. You see, we acknowledge ourselves subject to the King, as also to those Ministers, that he sets over us. But as these may not exceed their Commissions given by the King; neither may the King exceed his Commission granted him by God. The King's Commission is like the Priests, g 2 Cor. 13. 10. ad aedificationem, non ad destructionem, for upholding the Church and service of God; not for the ruining of either. And the King may not grant a larger Commission to his ministers, than himself hath received from the King of Heaven▪ His Commission is, to be h Es. 49. 23. a nursing father to the Church, not a stepfather; to i Meaning, that Kings converted to the Gospel, shall bestow their power and authority, for the preservation of the Church Gen note in Is. 49. 23. preserve to her all her rights and deuce, to see, that she be provided with necessaries, and to protect her against her profaine and sacrilegious enemies. Surely if our Sovereign hath entrusted the Parliament with any power over the Church and Churchmen, it is but with some part of that, wherewith God hath enriched him, and no other. 4. Well, k But if the● be under Parliamentary power, how can it ●ationally be conceived to be th' 〈…〉 meaning of the King's Oath to preserve the privileges of the C●er●● against that power to which they are legally subject? I. G. p. 7. if we be under Parliamentary power, it cannot rationally be conceived, to be the meaning of the King so to subject us to the Parliament, as to forget, or renounce his hath, by destroying the privileges of the Clergy (which he hath swo●ne to preserve) against (or in dishonour to) that power to which they are legally subject▪ How far we are legally subject to this Parliament, I know; and how far we are▪ or may be under Parliamentary power, I have already declared. The power we are legally subject to, is his Royal Majesty; and it is not, it cannot be, the meaning of the King's oath, to preserve our privileges against his own power▪ or to exempt us from his jurisdiction. Let the world judge, whether your, or our privileges and principles be destructive of legal power. We are bound by Canon l Canons Eccles. ●an. 1. faithfully to keep and observe, (and as much as in us lieth) to cause to be observed and kept of others, all and singular Laws and Statutes made for restoring to the Crown of this Kingdom, the ancient Jurisdiction over the State Ecclesiastical, m 1 Eliz. 1. AGAINST ALL USURPED and foreign POWER. Mark that; it is not only against foreign, but it is against usurped, and all usurped power▪ Show me, if you can, one such loyal Canon or resolution from any Presbyterial Assembly. n Ib. This Jurisdiction Ecclesiastical is by the Laws and Statutes restored to the Imperial Crown of this Realm, and not upon the Parliament; because it is by God's Word settled upon the Crown. 5. o Can Eccles. can. 2. This authority in causes Ecclesiastical was in the godly Kings amongst the Jews, & Christian Emperors in the primitive Church; and hath been exercised by the Kings of this Realm, according to an Act of Parliament in that behalf, An. 32. Henr. 8. c. 36. According to this Statute were the Bishops and the rest of the Clergy assembled b● King Edward VI and Queen Elizabeth for composing the Articles of Religion, which were allowed to be holden and executed within this Realm, by the assent and consent of those Princes; and confirmed by the subscription of the Arch-Bishops & Bishops of the upper House, and of the whole Clergy in the nether House in their Convocation. As is to be seen in the Ratification of those Articles. Agreeable to the same Statute, the Arch-Bishops, Bishops and other of the Clergy were summoned & called by K. james to treat of Canons and Constitutions Ecclesiastical; Which were by them agreed upon An. Dom. 1603. and were by the same King of blessed memory ratified and confirmed by his Letters Patents. And I am certain, that we have subscribed and sworn, p 1 Eliz 1. That the King's Majesty under God is THE ONLY SUPREME GOVERNOR of this Realm, and of all other his Highness' Dominions and Countries, as well in all Spiritual, or ECCLESIASTICAL THINGS OR CAUSES, AS TEMPORAL. 6. The substance of your touchy argument is, I hope, satisfied in the eye of every moderate and discreet man. The rest▪ that follows is but a Rhetorical flourish, or reiteration of what passed before, as if q Or how were the Oath in that sens● consistent with the privilege of the Nation▪ formerly ●●orn to ●y the King. I. G. p. 8. the King's Oath to the Clergy could not be consistent with the privileges of the Nation, formerly by him sworn to. As if, without peradventure, there were a former and a latter Oath, which I have proved to be most false. And as if we of the Clergy were none of the Nation. Or as if we were bastards, and not legitimate; slaves, and not freeborn subjects. And yet, blessed be God, divers of our Orthodox Clergy are as well descended, as any that speak against them, Is this, my good brother, to r Thou shalt count the Priests holy, and reverence them. Gen. note in Levit. 21. 8. reverence the Priests, and count them holy? Is this the way to invite men of worth, to incorporate themselves into your Presbyterial Hierarchy? Surely we are a part of this Nation, to whom this promissory Oath was made. Our Rights consisted comfortably many years with the privileges of the people, to the honour of this Nation, and to the astonishment of others. With what face then can you say, that the King's Oath to the Clergy cannot be consistent with the privileges of the Nation? Whereas it is evident, that in three or four years this Nation is so weary of the Presbyterial encroachments, that they can no longer possibly endure them. 7. But by your words it seems, s If the Oath had such a sense in the times of Popery, when the Clergy were a distinct Corporation, yet when that exemption was abolished, as a branch of Antichristian usurpation, the change of their condition must needs change the intention of the Oath. I. G p. 8. when and while the Clergy were a distinct corporation from the Laity, the Oath had this sense, viz. that the King's oath to the Clergy was consistent with the privileges of the Nation▪ That must be the sense, if I know what sense is. But the Clergy were and are a distinct corporation. In ceasing to be Popish, we are not ceased to be Priests: neither is that necessary and just exemption, or distinction yet abolished. If it be, why are you so zealous, to distinguish us and our privileges, from the people and their privileges? Whereas if we be all one without distinction, our privileges must needs be the very same; and so no inconsistency at all. But of this more fully Chap. 11. 8. A Popish exemption it was for the Clergy to be free from the King's Commands. But this is abolished, and we readily submit to every Ordinance of man; and wish, that you, and your Assembly brethren would learn the same Christian obedience. A Popish exemption it is for the Bishops and their Churches to know no Governor but the Pope. That also is disclaimed, and at the King's Coronation it is publicly acknowledged, that the Bishops and their Churches are under the King's government. The Antichristian usurpation is condemned, and true Christian subjection justified. The King is the only Supreme O verner, to him we owe obedience, and to others for him, and under him. And though all Antichristian usurpation were abolished upon the death of Queen Mary, yet in all the Acts since that time to this present Parliament the Lords spiritual are distinguished from the Lords temporal, the Clergy from the Laity, and the Convocation from the Parliament. Yea even in these times of confusion, the Clergy are doomed by your great Masters, to be unfit for Lay▪ or Civil employment▪ If there be no such men, than was that sentence senseless: & while we are of the same Corporation with them, we are as capable of any office of State, as the rest of our fellow-subjects, even to be Members of both Houses. But this distinction is still on foot; the King's Oath therefore to us is still binding; especially since our immunities may as well subsist with the privileges of the Commons, as the privileges of Bristol with the Franchises of London. 9 Indeed you may well twit us with the change of our condition; for we have just cause with Bishop Latymer to complain, that z B●. latymer's Serm. before K. Edw. VI March 8▪ 1549. there is a plain intent to make the Clergy slavery: which was far from the intention of this Oath, till your faction prevailed in the change. But what inconvenience will follow, if we confess, that the intention of the Oath was changed, with the change of our condition? Not that, which you aim at. For therein, and so far forth only is the intention of the oath changed, as our condition is changed. But wherein is our condition changed? A Church we are still; Bishops and Priests we are still; only our condition is thus far changed▪ before we were subject to Antichristian usurpation, but now we are altogether for Christian Allegiance. Before our Bishops and Priests were subject to the Pope; but we submit wholly to the King. And I hope, we shall not far the worse for that. The King's Oath is, to protect the Church, as it is, not as it was; not as she was popish and superstitious, but as she is Catholic and Apostolic. Then she was subject to the Pope, and free from the King, but now she is subject to the King, and free from the Pope. But you would fain enforce us to our old vomit; for we cannot but discern, that a far more intolerable tyranny is drawing on, by how much the more dangerous it is to be subject to a multitude, then to one; to a multitude at home, then to one abroad: Both of them being equally destructive to the liberty of the Church, and alike contrary to the Word of God. 10. Besides, the change of our condition is either for the better or the worse. If for the worse, this is to maintain Popery. He that saith our condition is changed for the worse, justifies, that it is better for us to be subject to the Pope, then to the King. If for the better, then must the intention of the Oath be changed for the better. For are not these your words, that the change of the Clergies condition must needs change the intention of the Oath? Without question the intention of the Oath was to protect all his subjects in their several places, dignities, add degrees; and not to suffer them to oppress or devour one another, to see justice done for them and upon them, according to the Laws established; and not to yield to any Law, that may be destructive to the rights or liberties of any of his subjects. 11. The intention of the Oath is, to maintain the ancient, legal, and just rights of the Church; and to preserve unto the Bishop's 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 plain: Sir, will you grant, and keep, and by your Oath confirm the Laws, Customs, and Franchises granted to the Clergy by the glorious King S. Edward▪ your Predecessor, etc. 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 Canonical privileges, and due Law and Justice. All this the King hath sworn to perform; and hath acknowledged, that by right he ought to do it. And would you have him to be forsworn, 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 Churchmen only; that great Oracle of the Law resolves, that a Ecclesia est infra aetatem, & in custodiâ Domini Regis, qui tenetur jura & haereditates suas manu tenere, & defendere. Sir Ed: Coke in Madge, Chart. c 1 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 always in her minority, it is under age: Seconly, she is in Wardship to our Lord the King. And then he adds, b Ib. 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 claim no c Unless they will say, that the Crown stands still engaged to them, to maintain such priviledge●, as by Act of Parliament were long since abolished: which is to make his Oath to them contariant to that taken before, for the maintenance of the Laws. I. G. p. 3. privileges long since by Act of Parliament abolished. We desire not his Majesty to contradict, but to ratify bis Oath, and to maintain those Laws he found in force. But as for you, all your endeavour is to persuade the Laity, that our weal is their woe, and that the upholding of the Clergy in their due and ancient state, would be certain ruin to the Commons. As if our Privileges were like d Gen. 41. 4▪ Pharaohs lean kine, ready to devour the fat of the Laity: as if our aim 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 wild ravenous stomaches of M. Geree and his fellow Presbyterians may be satisfied. But at seven year's end they will be as lank and hungry as Pharaohs famished kine. It was so with King Henry VIII: and it will be so with all, that tread in his steps. 14. e It▪ s apparent then, to make the intention of the Oath to be against legal alteration of their privileges by Parliament, makes it unlawful, and so not obligatory. And if it be not intended against legal alteration, the King may pass a Bill for the abolition of Episcopacy when his Houses of Parliament think it convenient, and petition for it, without violation of his Oath▪ I. G. p. 8. 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 legal alteration, so to wrest it, that it may be to the ruin 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 eternal dishonour of himself and the whole Kingdom, makes his Oath in your sense utterly unlawful. And if unlawful, then is it not obligatory either in foro conscienciae, or in foro justitiae, either before God, or any good man; unless it be to do the contrary. But if this Oath in the true and literal sense be not against legal alteration, but against unjust oppression, sacrilege, and profaneness, manifest it is, that it is both lawful and obligatory; and the King may not, without violation of his Oath, and certain danger of the pure and undefiled Religion, pass a Bill for the abolition of Episcopacy, what ever His Houses of Parliament think, or Petition, or press never so violently. 15. But your opinion is, that the King may pass a Bill, for the abolition of Episcopacy. And what I think, 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; g I. G. p. 9 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 seems, he is at their disposing, not they at his. Indeed, if a man may believe you, the power is in the Houses, and not in the King. For do not you say, that h Ib. p. 7. the Peers and Commons in Parliament have power, with the consent of the King, to alter whatsoever, etc. And again; i Ib. p. 5. There's no question of POWER IN THE PARLIAMENT to overrule it. The power, it seems, is in them, consent only in the King. And here, The King may pass a Bill, when His Houses think it convenient. Well, he may, and he may choose; he may consent, or descent. k He that hath power to consent hath power also to descent. Cujus enim est consentire, ejus est & dissentire. And so long we are well enough. For the King's 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 King's Houses, you call them; and so they are. This also manifests, that they are at his disposing, and not He at theirs. They must therefore wait his pleasure, till he thinks it convenient. His consent they may Petition for, enforce they ought not, since they are his subjects; enforce it they cannot, since l 1 Cor. 7. 37. he hath power over his own will. And whatever you suppose, it is in his power to consent, or descent, 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 m Lex terrae, p. 14, 15. The King is the only Judge, whether the Bills agreed upon, and presented, be for the public good, or no: And to take away the Kings negative voice, is contrary to your Covenant; it diminisheth the King's just power and greatness; and cuts off all Regal power. Witness the Declaration of the Kingdom of Scotland. p. 18. CHAP. X. Whether it be lawful for the King, to abrogate the Rights of the Clergy. 1. THe question proposed is concerning Episcopacy; but now you are fallen to the Rights of the Clergy. As if this were a sound and unanswerable argument, It is lawful for the King to abrogate the Rights of the Clergy: Ergo, It is lawful for him to abrogate Episcopacy. It is for all the world, as if one should say, It is lawful for the King to take away the Rights of Lawyers; Ergo, he may also take away Judicature. Yet all men would say, that this were flat tyranny; since without Judicature no man can compass, or enjoy his own with peace. 2. But I shall return your argument so upon you, as shall concern you more nearly. It is lawful for the King to abrogate the Rights of the Clergy: it is therefore lawful for him to abrogate Presbytery. How like you this? Is it not your own argument, changing term Episcopacy into Presbytery. Ye have struck out the former & set up the latter in the place of Episcopacy. And your scholars, by the same argument, may live to root up thut too, if any lands be annexed to this great Diana of Geneva. Thus you have made a rod to scourge yourselves with. 3. But you will say, that though it be legal for the King, to take away the Rights, yet he may not destroy the Order. And why so? Because the Rights are granted by man, but the Order was settled by God: And what God hath ordained, is not lawful for man to abrogate. I must return you the same answer, since 'tis sufficiently justified. C. 4. 5. That the Order of Episcopacy is the immediate institution of our B. Saviour, and Ministerial root, from whence all Orders spring. Though then this be n I. G. p. 2. the usual way of clearing this your assertion, and you o Ib. conceive it to be a sound resolution, yet learned men see, that you have said just nothing, unless you confess, that the Order of Presbyter may likewise be extirpated by Royal authority. 4. But return we to the Rights of the Clergy, and take notice upon what grounds you suppose it lawful for the King to abrogate those Rights, which he hath vowed so solemnly to maintain. p Ib. The King (say you) is sworn to maintain the Laws of the Land in force at his Coronation. Yet it is not unlawful for him after to abrogate any of them, upon the motion, or with the consent of his Parliament. I am glad that you acknowledge it to be the King's Prerogative, to maintain the Laws of the Land; and that it is not unlawful for him, to abrogate any of them with the consent of his Parliament. If he be bound by Oath, either he hath power to maintain these Laws, or not. If he hath not power, it is a senseless Oath. If he hath power, where is it? What is become of it? Hath he resigned it? We know the contrary. Hath he forfeited it? To whom? To his subjects? He can no more forfeit his Regal power to his subjects, than a father the right of fatherhood to his children. He is no more a King upon condition, than a father is a father upon condition. His power he hath not from the people, but from God. q Prov. 8. 15. Cujus iussu nascuntur homines, huius iussu & Reges constituuntur. Iren. l. 5. p. 601. Per me Reges regnant, by me Kings reign, saith God. And, I hope, God speaks no untruth. His substitute the King is, for r 2 Chron. 9▪ 8. He sits on Gods (not on the peoples) throne; and s Ib. King he is for the Lord, in his stead. 5. If you object misdemeanours, or bearing arms against His Parliament; yourself say, that t I. G. p. 2. He is sworn to maintain the Laws of the Land. The Laws, Liberties, and Properties were all at stake, they were trampled upon by his faithless, but potent Subjects. This enforced him to take up u Rom. 13. 4. that sword, which he ought not to bear in vain, but to x Ib. execute wrath as the Minister of God, upon them that do evil; upon such, as plunder his good subjects, and turn them out of house and home. For y 1 S. Pet. 2. 13, 14 the King is made by God the Supreme Governor, for the punishment of evil doers, as also for the praise of those, that do well. But suppose the King were a tyrant, as bad as bad may be, yet z Magistratibus ex animo de●erendus est honour, 〈…〉 etiam tyrannis. Beza in Act. 23. 5 we ought from our hearts to give him all due honour; so Beza; and not to rob him of his just power. If he sin a Psal. 51. 4. it is against God only; and to him only he must account; not to his Subjects. 6. Well, bound he is by Oath, b I. G. p. 2. to maintain the Laws, while they are Laws. As yet then the rights of the Church are safe, and the King is bound to maintain them. But how long are these Laws in force? c Ib. Till they are abrogated BY JUST POWER IN A REGULAR WAY. They are your own words, and we subscribe them. But the just power is in His Majesty, by your own confession, both d The King is sworn to maintain the Laws of the Land in force at his Coronation Yet no man questions, & the constant practice shows, that it is not unlawful after to abrogateany upon the motion, or with the consent of HIS PARLIAMENT. I. G p. 2 to maintain, and to abrogate Laws. And the regular way, say you, is at the motion, or with the consent of HIS PARLIAMENT. But with all our loyal Predecessors we say, at the petition, or humble suit [not at the motion] of His Parliament. And His it is, his they are all, though Members of Parliament, since the Parliament is His. They are not then a Parliament of themselves, at their own choice, or disposing, nor yet without him. His they are; I am sure, they should be so; I would to God they were so. * Declarat. of the Kingd. of Scotland. p. 22. The King is the fountain of honour and power within his own Dominions. And e Eccles 8. 4. who may say unto him, What dost thou? Why dost thou honour this man, and not that? Why dost thou call a Parliament at this time, and not at that? f Ib. Impius est, qui Regi dixerit, inique agis: He is impious, that saith unto the King, thou dealest unjustly, or unequally. So the Fathers read that place. No obbraiding, no controulling of a King; g Lex terrae, p. 19 He can do no wrong. So the Law. 7. His, the Kings, they are, when they are met, and set in Parliament, h Sir Ed. Coke in Litleton, l. 2. Sect. 164. His great Council, Magnum Concilium Regis; i I. G. p. 8. His Houses, k Ib. p. 2. His Parliament. And l Sir Ed: Coke in Litleton, l. 2. Sect. 164. therefore called so, that they may Parlar la ment, speak their minds freely for the general good. Him they may entreat, not control; advise, not command; persuade, not enforce. Suppose, the King grants them power and authority, he grants them none either over, or against himself: this he cannot do. This were to set the Members above the Head, and to make his Subjects superior to himself. This were to despoil himself of the power of the Sword. But this he may not do, since m 1 S Pet. 2. 13. God hath made him supreme, and n Rom. 13. 4. given him the charge of the Sword. And His Majesty may not invert that order, which God hath set; neither may he repeal God's ordinance, or make it void. God hath laid the charge upon him, and he cannot with a safe conscience decline it, or neglect it. 8. Observe, I beseech you: o Gen. 41. 40. though Pharaoh set Joseph over his house, and over his people to rule and arm them at his pleasure: though Joseph were so p Ib. v, 43. 44. made Ruler over all the land of Egypt, yet without him no man might lift up his hand or foot, within that land; yet Joseph is not king. q Ib. v. 40. Pharaoh keeps his throne; and therein is he greater than Joseph, who still is but Pharaohs deputy, though r Gen 45. 9 Lord of all Egypt. And though he be s Ib. v▪ 8. a father to Pharaoh, yet t Ib. v▪ 19▪ & 21. is he still at his command. Thus is it with the Parliament of England; though they are put in highest trust by the King, yet are they still at his disposing, either u Lex terrae, p. 27 to be adjourned, prorogued, or dissolved at his pleasure; and are at his command in all things lawful and honest. To this great Council we are no further to submit, then in those things they are sent for by the King, and so far forth as they have commission from him. S. Peter says the same. x 1 S. Pet. 2▪ 13, 14. Submit yourselves unto THE KING AS SUPREME, or unto Governors AS UNTO THEM, THAT ARE SENT BY HIM, by the King. So far forth, and in such things, for which they are sent, I owe them obedience; but no further. 9 How far forth the King is sworn to maintain the Laws of the Land, and upon what grounds they may safely be repealed, we have already seen. Now we are called upon to descend to the Rights of the Clergy; whereof your resolution is this, by way of consequence. y I. G. p. 2. So the King by his Oath is bound to maintain THE RIGHTS OF THE CLERGY, while they continue such. But, blessed be God, such they do continue: the King therefore by Oath is bound to maintain them. 10. z Ib. But (say you) if any of their Rights be abrogated by just power, he stands no longer engaged to that particular. Why, I beseech you, do you leave out something here, that you held necessary for the abrogation of the Laws of the Land. Before it was, that the Laws might be abrogated by just power in a regular way. But here you grant, that the Rights of the Clergy may be abrogated by just power. But what's become of the regular way? Was it forgotten? or left out on set purpose? Surely there is a my fiery in it; for your argument ought to proceed thus: By what means the Laws of the Land may be abrogated, by the same means may the Rights of the Clergy be abrogated. But the Laws of the Land may be abrogated by just power in a regular way. Ergo, The Rights of the Clergy may be abrogated by just power in a regular way. Thus the Syllogism stands fair for the form; and the Major or Minor Proposition must be denied by the respondent: otherwise he is at a nonplus, and convinced. But your conclusion is, So, or, Ergo, the Rights of the Clergy may be abrogated by just power. But this so is faulty; and so is the Syllogism; because the minor terminus is maimed in the conclusion; it comes not in whole, as it should do. The reason why, is plain; because you are not able to set down a regular way, wherein, or whereby those Rights, you aim at, may be abolished. 11. And what wonder, that you can find no regular way for the Clergy and their rights, since you have put them clean out of the regular, the right way. And when ye will find the regular way, God knows; for, plain it is, that ye are out of the way. Ye wander this way, and that way, like men in a Maze, or misled by an Ignis fatuus, by Jack in a lantern. No rule at all you have to be guided by but only this, that the Book of Common Prayers must down, and Episcopacy shall not stand. So farewell heavenly devotion, and all true faith; and farewell Church. If this be not to be possessed with the spirit of giddiness, and impiety, I know not what is. 12. But, I pray you, give me leave, before I pass further, to tell you, that Just power goes always in a regular way. And when it leaveth that way, it ceaseth to be just; unless enforced by such necessity, as cannot be provided for in a regular way. That power only is just, which doth nothing wittingly but what is just; and distributes to every man and society their several deuce. If it do otherwise, we cannot call it just, unless we desire to incur that sentence of the Almighty, a Prov. 24. 24. He that saith unto the wicked, Thou art righteous, him shall the people curse, Nations shall abhor him. 13. Well, be it just, or unjust, be it never so much cursed at home, or abhorred abroad, you are resolved to justify the Abrogation of the Rights of the Clergy. What? A Clergyman, and a Preacher of the Word of God, and altogether for ruin and destruction? Surely you are not a Preacher of that Word, which S. Paul taught; for he professeth, that b 2 Cor. 10. 8. authority is given to men of our calling, not for destruction, but for edification. Show me one Preacher in the word of God, besides Corah and his confederates, that ever spoke, or wrote any thing against the Rights of the Clergy. You cannot possibly, unless you bring in Judas with his c S. Matth. 26. ●. Ad quid, finding fault, with that cost, which was bestowed upon our Saviour's person. Indeed no man so fit for your turn; d Christ is the head of his body, the Church. Col. 1. 18. 24. he rob and betrayed the head, and you the body. But you know, what censure is passed upon him for it; e S. Joh. 12. 6. This he said, because he was a thief, and did carry the bag. He did, and you would. It is private, not public interest, that stirs up ambitious and greedy spirits against Christ and his Vicegerents. I can show you f Rom. 11. 13. S. Paul magnifying his office, and g 1 Cor 9 1. etc. 2 Cor. 10 4 etc. 2 Cor. 11. 7. 8. justifying the privileges thereof. But you are none of S. Paul's followers; Demetrius and Alexander, silversmiths and Copper-smiths, are your good Masters, and with them I leave you. 14. But what are these Rights that you are so eagar to have abrogated? Every subject in his several place and degree hath right to his lands, to his goods, to his liberties and privileges: and so hath every Clergyman; unless we of the Clergy be no longer subjects, but slaves. Would you have all these, or only some of these abolished? A question it was at first, but now I see, what they are. First, h I. G. p. 4. Episcopacy. 2ly, i Ib. p. 4. 5. The Clergies privileges, & immunities. 3ly, the k Ib. p. 4. Bishop's Ecclesiastical, or sole Jurisdiction in so large a circuit. 4ly, l Ib. The Bishop's great revenues. Thus the Rights of the Clergy, are precisely inventoried, that so neither root nor branch may scape their fingers. Episcopacy we have already taken into consideration; now let us take a survey of the rest. 15. But first let us observe the course, you propose, to strip us of these Rights. Your method is subtle, and your expressions at first view seem moderate: you put us in equal balance with the rest of our fellow-subjects. Thus you argue; m I. G. p. 2. It is not unlawful to abrogate ANY of the Laws of the Land: It is not therefore unlawful to abrogate ANY of the Rights of the Clergy. Thus far your argument seems to proceed fairly. But how comes it to pass, that out of this Any of the Kingdom, you conclude against All the Rights of the Clergy? For what have the Clergy besides their Orders, privileges, and immunities; besides their Jurisdiction and revenues? And yet all, all these you expose to the mercy of a Parliament. But, in good sooth, do you think, that if it be lawful for a Parliament to alter or abolish any particular Laws of the Land, that therefore it is lawful to take away all, that the Clergy 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 lawful for King and Parliament to abrogate any of the Laws of the Land: It is therefore lawful for them to abolish all the Laws of the Land. And yet this is your manner of arguing. As if a particular included the general; as if any were equivalent to all. Which is apparently false; for universals are of a far larger extent than these individua vaga, uncertain notions. Though all comprehend any, yet any comprehends not all. For lawful it is not to subvert the fundamental Laws; therefore not all. This were to raze the foundation of the Kingdom. Were this justified of any particular Corporation, or body politic, besides the Clergy, it would not be endured. Oh, how would the Citizens of London storm, if we should conclude thus; It is lawful to take away any of the Laws of the Land; and therefore it is lawful 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 Clergy is become the ass of the times; it must bear all, or sink under the burden. 16. But you say, that this is to be done n I. G. p. 2. by just power in a regular way. Well and good. But can that be a just power, which deals unjustly? For o Iust●s est animus qui scientia atque ratione, in vitâ ac moribus▪ sua cui. que distribuit. Aug. de Trin▪ l. 8. c. 6. Justice gives to every man his own; according to God's Command, p Rom. 13. 7. q Ea, quae contra legem Dei fiunt, ju●ta esse non poss●nt. ●ug cont mendac. c. 15. Render to every man his due. The Law of God we confess 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 justify it; since a Law contrary to God's Word, is no sooner made, then void. I speak to Christians. But with you r I. G p. 5. the Law shall be valid, though injurious. To the injuriousness of this Law I shall submit, because a subject; but never acknowledge any validity 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, s I. G. p. 2. upon the motion, or with the consent of the Parliament. How comes this to pass? Because the Parliament consists of the head, and the representative body of the whole Kingdom. And who are these? First t Sir Ed. Coke in Litleton, l. 2. Sect. 164. the King, who is the head. 2ly, the Lords spiritual and temporal: and 3ly, the Commons. But the Parliament is maimed of late. u Lex terrae, p. 15 1. The House of Commons represents the greivances of the Country. 2. The House of Lords advise his Majesty with their counsel, and propose for the common good, what they conceive meet. 3. x It is no Statute, if the King assent not to it: and he may disassent. Lex terrae p. 7. It is in the King's 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 Council, and other Officers of State present, to prevent such mischiefs. The Lords take care of their Lands and honours, that they be not damnified by any new Law. The Knights and Burgesses by the several Counties and Corporations, are entrusted with such things, as concern their general 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 aught 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 y 1 Cor. 12. 13. by one Spirit we are all baptised into one body spiritual, or mystical, so by the goodness of God we all are under one King incorporated into one body politic. z Ib. v. 14. But the body is not one member, but many. Indeed a Ib. v. 19 if it were all one member, where were the body? And God hath so tempered this body together, that b Ib. v. 21. every member hath need one of another; and c Ib. v. 22. those, which seem to be most feeble, are necessary. All this was done by the great wisdom of God, d Ib. v. 25. 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 far from doing wrong, that e 1 Cor. 13. 5. she seeketh not her own. Which is thus to be understood, according to S. Augustine's expression, f Aug. in Reg. 3. 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, there's the Commonwealth. But what state is that Kingdom in, where they that are entrusted by the public, seek their own, and endeavour with might and main, to make that theirs, which is none of theirs? Where under pretence of the Common good, they engross all into their own clutches? Is not this the crying sin, the grand Monopoly of these times? 19 The regular way to abrogate any of the Rights of the Clergy, 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 Council, after banishment of the Pope's power, knew not which way to make a title to Monasteries with their lands and goods, but only by grant and surrender of the Abbots. With them therefore he labours by his great and active servant Cromwell; who prevails 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 father's book De non temerandis Ecclesiis. The Statute therefore 31. Hen. VIII. C. 13. tells us, that These Grants Surrenders, etc. were made FREELY, VOLUNTARILY, AND WITHOUT COMPULSION, to the King, his Heirs and Successors. What ever the truth be, this was the only legal pretence they could devise. And this is the only course you can take, to make a plea in Law to the Church-lands. You are fain therefore at last to persuade 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, than ought we to have the liberties and privileges of subjects; whereof this is one, that not so much as a Subsidy, or a little Shipmoney be taken from any one of us, without our assent yielded either by ourselves, or by such as we put in trust. And this present Parliament hath often protested before God and the world, that the Rights and Liberties of Subjects they do and will defend with their lives and fortunes. Why then are our Rights and Liberties so struck at, and exposed to contempt and sale? Are we no subjects? Surely we were borne so. How then did we forfeit g The ancient Rights, Laws, and Liberties, are the birthright of the Subjects of this Land. Declarat. Parl. July 12. p. 458. our birthright? By taking Orders? Then is it better to be Mr. Gerees groom, than himself. And, it may be, this is the reason, why so many step up into the Pulpit without Orders, lest perchance they lose their birthright. 21. It may be, you will say, that we were not born Priests or Clergymen. You say right; neither is any man born a Lawyer, a Goldsmith, or a Draper. And yet when any of our brethren undertake these professions, they enjoy the Rights and Liberties, they were born to, with some additions. And why not we? And yet we poor Clergymen are the only freeborn Subjects, that are outlawed, as it were, and cast forth as dung upon the face of the earth. Surely it is better to be a Parliamentarians footboy, than h 1 Cor. 4 1. a Steward of the mysteries of Christ. And yet such we are. Little do these men consider, that all Subjects are born alike capable of these Rights, if so they be fit to take Orders. The wrong therefore is done alike to all freeborn Subjects; perchance to Mr. Speakers grandchild. Since then i I. G. p 2. the King's Oath (as you confess) is against acting or suffering a tyrannous invasion on Laws and Rights; it must necessarily follow, that as he may not act, so he may not suffer any such tyranny to be used. Hitherto he hath withstood these temptations: and God, I hope, will ever deliver him from them, and from the hands of his enemies. Even so Amen, Lord Jesus. CHAP. XI. Whether the Clergy and Laity be two distinct Bodies, or one Body Politic. That Churchmen in all ages had some singular privileges allowed them. 1. THat with some colour you may persuade the people, that it is lawful not only to clip the wings, but to pick the carcase, and to grate the very bones of the Clergy, you tell them, that k I. G p. 3. this Oath was so framed, when the Clergy of England was a distinct Society or Corporation from the people of England. When was this Oath, I beseech you, framed? You should have done well to have pointed out the time; and not tell us, that l This distinction of the Clergy from the Laity, that they should be a distinct Province of themselves, being a branch of Popery, s with it quite extinguished. I. G. p. 3. this distinction is a branch of Popery. But this is the fashion of such, as you are, when you intent to disgrace, alter, or destroy any thing, that concerns the Church, then presently 'tis Popery. Thus you cast a mist before the people's eyes, that loath Popery; and yet know not, what Popery is. 2. But this His Majesty's Oath is grounded upon the Word of God, who hath made promise to his Church, spread among the Gentiles, that m Es 49. 23. Kings shall be her nursing fathers, and Queens her nursing mothers. When therefore Christian Kings are enthroned, they take a most solemn Oath, not only to administer true justice to the people, but that they will also maintain the Rights and privileges of the Church and Clergy, as by right they ought to do. The reason is, because there are so many envious & mischievous eyes upon the Church: because n Psal. 83 5. etc. the Edomites and Ishmaelites, the Moabites and Hagarens, have cast their heads together with one consent, and conspired to take her houses and lands into possession. God's Word prevails with few; the King's sword therefore must stand between the Church, and such sacrilegious spirits. 3. If they fail in this duty, then o Isa. 3. 14. will the Lord enter into judgement with the Ancients of the people, and the Princes thereof. What, for this cause? Yes, for this very cause: p Ib. For ye have eaten up the vineyard; the spoil of the poor is in your houses. Is this any thing to the Church? Yes marry is it, the Geneva Note tells you so. q Gen. note in loc. Meaning (saith the Note) that the Rulers and Governors had DESTROYED HIS CHURCH, and not preserved it ACCORDING TO THEIR DUTY. Those, who are guilty of this mischief, let them beware: His Majesty's comfort is, that he hath withstood these impious designs according to his duty. For r Isa. 54. 15. whosoever shall gather himself IN THEE, AGAINST THEE, shall fall. s Gen. note in loc. Meaning the DOMESTICAL ENEMIES OF THE CHURCH, as are the HYPOCRITES. Dear brother, take heed to your feet, and remember, that t Heb. do. 31. it is a dreadful thing to FALL into the hands of the everliving God. But view we your reason. 4. u I. G▪ p 3. The Clergy and Laity (say you) were distinct bodies; but this distinction is taken away, and Laity and Clergy are now one body Politic. One body Politic? Are we so? Whence is it then, that the Bishops are thrust out of the House of Peers; and that none of us may vote, or sit in the House of Commons? Are we of the same body; and yet have no privileges with the body? In at subjection, out at immunities? In at taxes, out at privileges? This is one of those even Ordinances, which your blessed Covenant hath hatched. Of the same body we are, under the same power, subject to the same Laws, and yet not capable of the same privileges. Is this equality? Scoggins doal right, some all, and some never a whit. 5. Neither do we say, that we are a several or distinct body; but we are a several state, or Corporation in the same body. One body, but several members in and of the same body. In Ecclesiastical persons of this Kingdom are commonly three qualities or conditions: one is natural, the other two are accidental. 1. Englishmen and denizens of this kingdom we are by birth: 2. University men by matriculation and education: and 3. Clergy men by Ordination. By the first we have an interest in the privileges of the kingdom. By the second we have an interest in the immunities of the University. By the third we have an interest in the Rights of the Church. The later privileges do not annihilate that right or claim, which we have by birth. Neither cease we to be the King's Subjects, because Clergy men. In taking Orders we put not off Allegiance; we rather confirm and enlarge it. For x Thou which teachest another, teachest thou not thyself? Thou, that preachest, a man should not steal, dost thou steal? Rom. 2. 21. a shame it is for us to teach others, what we do not ourselves. And our duty it is, to y Tit. 3. 1. put every man in mind to be subject to principalities and powers, and to obey Magistrates. 6. That there are several relations in us of the Clergy, and that we have several privileges by these relations, will appear evidently in S. Paul, who was z Rom. 11. 1. an Israelite by blood, a Act. 22. 25. a Roman by freedom, but b Gal. 1. 1. an Apostle by Ordination. By his Orders he lost none of his former privileges, but c 1 Cor. 4. 1. and 9 4. 5. 1●. acquired new, whereto he had no right as Israelite, or Roman. Yet, as occasion serves, he stands upon his privileges as a Roman; and both d Act. 22. 26. 29●. the Centurion and the Commander in chief were afraid to offend against that law, or privilege. But we with blushless foreheads trample upon God's Laws, and the privileges of his nearest servants. But though S. Paul stand upon his privileges, and ᵉ magnify his office, yet ᶠ he acknowledgeth Rom. 11. 13. Act. 25. 10. himself to be Caesar's subject, and that at his tribunal HE OUGHT TO BE JUDGED. 7. Our Saviour himself had several Relations: g S. Matt. 22. 42. etc. he was the Son of David, and the Lord of David; the Son of David, according to his humanity; but the Lord of David, in his Deity. As Lord of all, he receives tithes and sacrifices; ʰ as a Subject he S. M at. 17 27. pays tribute to Cesar: and when an arraigned person, ⁱ he acknowledgeth S. joh. 19 10. 11 Judge Pilate to have power against him. Besides this, he is a King, a Priest, and a Prophet: a King, to command; a Priest, to offer sacrifice; and a Prophet, to foretell, what he sees meet. Nay there is hardly a Citizen of London, but hath a treble relation to several privileges: 1. to the general Rights as he is a free denizen of this Nation; 2. to others, as he is Citizen of London; and to a third sort, as he is free of this or that Company. And shall the meanest Freeman enjoy his several Rights, when the Ministers and Stewards of God are cut out of all. Are we dealt with as the Dispenser's of God's high and saving mysteries? Nay, are we so well dealt with as the lowest members of this Nation? Is not this the way to lead in Jeroboams Priests; to fill the Pulpits with the scum of the people, and to bring the Priesthood into utter contempt? O all ye, that pass by the way, behold, and consider, if ever the like shame befell any national Church, that is threatened to ours, at this day. But k jud. 21. 25. thus it comes to pass, when there is no King in the Israel of God. 8. If this distinction between Clergy and Laity be a branch of Popery, how comes it to pass, that those great Reformers, and zealous enemies to Popery, suffered the Clergy to continue a distinct Province of themselves; and that they did not with Popery quite extinguish this distinction? Why doth Q. Elizabeth call them l 8 Eliz. 1. a great State of this Kingdom, if they be no State at all? Why did King Edward VI that virtuous Lady Queen Elizabeth, and wise King james, summon the Bishops to convene in Convocation as a distinct society; and to vote in the House of Peers as Lords spiritual; plainly by title distinguished from the Lords temporal? m I. G. p. 3. Undoubtedly (say you) all privileges of the Clergy, that are (or were) contrariant to the Laws of the Land, were abolished in the reign of Henry the eight. They were so. It follows therefore undoubtedly, that these privileges, which were continued through so many Princes reigns that were enemies to Popery, were neither Popish nor contrariant to the Laws of the Land. And yet some of those times were not over favourable to the Clergy. 9 That we are a distinct society, or Corporation from the people is evident; by the Coronation Oath, by Magna Charta, by several Acts of Parliament, and by Scripture itself. The Coronation Oath observes the distinction of Clergy and People; and assures us, that they shall be distinctly preserved. Magna Charta does the like: and the Acts of Parliament distinguish the King's subjects into Clergy and Laity, allotting to each their several privileges; allowing the people to take many courses, which the Clergy may not. This distinction is approved by Scripture, where n Numb. 3. 12. & 18. 6. the Lord takes the Levites from among the children of Israel. S. Paul assures us, that o Heb. 5. 1. p Occumen. in loc. Every High Priest is TAKEN FROM AMONG MEN. And the Scholiast tells us▪ that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is there taken for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as if the Apostle had said, he is set apart from men, from the Common people. This exemption or distinction, which you are pleased to call q I. G. p. 3. a branch of Popery, or r Ib. p. 8. of Antichristian usurpation, is here justified by Gods own word. And Josephus that was well skilled in Moses writings, and Judaical Antiquities, testifies, that s Moses tribum Levi, à communione populi segregavit. Joseph. Antiq. l. 3 c. 13. Moses did separate the tribe of Levi from the community of the people. He might have said, that God himself did it; for the text saith plainly, that t Deut. 10. 8. Num. 16. 9 THE LORD SEPARATED THE TRIBE OF LEVI to bear the Ark of the Covenant, to stand before the Lord, to administer unto him, and to bless in his name. From that time forward u Num. 1. 47. 49. Num ●. 33. etc. they were not numbered amongst the rest of the people; x Num. 3. 12. the Lords they were: and y Num. 1. 51. the rest of the tribes were strangers to their office. z Gen. 47. 20 22. The very light of nature taught the heathen to distinguish between Priest and people; and to allow them distinct privileges. And the light of Scripture taught Christians to do the like: hence is it, that not only in the Canons of the Church, but also in the Imperial constitutions this distinction between the Clergy and Laity is most frequent and familiar. Otherwise what strange confusion must necessarily have overspread the face of the Church, if this distinction had not been religiously preserved? What divers would not see, these times have enforced us to feel. 10. And yet for all this, we say not, that a Undoubtedly that privilege was abolished, that any Society should be exempt from secular power: for that were to set up Supremacies● G p. 3. we are exempt from secular power; neither set we up two Supremacies. This will prove to be your Popish or anarchical doctrine; yours, I say, that would so fain cast this aspersion upon us. For do not you tell us, that b Ib. p. 9 there's a Supremacy in the King, and a Supremacy in the Parliament? Are not here two Supremacies set up by you; that so you may make the Parliament Lawless, and subject to no power? We detest and have abjured the Pope's Supremacy; and not only that, but all other Supremacies, besides the Kings, within these his Majesty's Dominions and Countries. For we have sworn, that King Charles is THE ONLY SUPREME GOVERNOR of all his Realms, over all persons in all causes. But you induce the people's Supremacy. Whereas we know no Coordination but a Subordination of all persons severally and jointly to his Majesty, and to his Majesty only, within all his Dominions. 11. We protest before God and the world, sincerely and from the heart, that the King is major singulis, & major universis, greater than any, and greater than all the Members of his Dominions, whether in, or out of Parliament: and that he is c Tertul ad Scap. c. 2. homo a Deo secundus, & solo Deo minor, second to God, and less than God only. To this our best Lawyers bear Testimony, even that d Bracton. temps H. 3. l. 4. c. 24. Sect. 5. Sir Ed●: Coke in Litleton La. Sect. 140. the King is Superior to all, and Inferior to none. And our e 3. Ed. 3. 19 Acts of Parliament say the same. Thus much in substance we have sworn; and we unfeignedly believe, that all the world cannot absolve us of this Oath. As therefore we hitherto have done, so shall we still, by God's grace, bear faith, and true Allegiance to his Majesty, his heirs and successors, though it be to the hazard of our liberty, of our estates, and lives. Yea we acknowledge ourselves obliged to the Laws of the Land in all those things, which concern the right and peaceable administration of the State. To the King we pay first fruits and tenths: which Lay Impropriators are seldom charged with. To the King we grant and pay subsidies after an higher rate, than any of the Laity, by many degrees. Where then are the two Supremacies, which we erect? 12. 'Tis true indeed, that f Sir Ed. Coke in Litleton, l. 2. Sect. 136. For deciding of controversies, and for distribution of Justice within this Realm, there be TWO DISTINCT JURISDICTIONS, the one ECCLESIASTICAL, limited to certain spiritual and particular cases. The Court, wherein these causes are handled, is called Forum Ecclesiasticum, the Ecclesiastical Court. The other is SECULAR and general; for that it is guided by the Common and general Law of the Realm. Now this is a maxim, affirmed by the Master of the Law, that g Ib. The Law doth appoint every thing to be done by those, unto whose office it properly appertaineth. But h Cod. Asric. can. 59 unto the Ecclesiastical Court divers causes are committed jure Apostolico, by the Apostolical 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 i 1 Tim. 5. 1●. receive an accusation against a Presbyter, and the manner how. 2ly, to k Ib. v. 20. Tit. 1. 13. rebuke him, if occasion require. 3ly. l 1 Tim. 6. 3, 4. 5. If any Presbyter preach unsound doctrine, the Bishop is to withdraw himself from him, m Beza & Piscat. in loc. that is to excommunicate him. 4ly, n 2 Tim. 3. 2. etc. In the same manner he is to use blasphemers, disobedient and unholy persons, false accusers, trucebreakers, Traitors, and the like. 5ly, o Tit. 3. 10▪ The Bishop is to reject, p Piscat. in loc. that is, to excommunicate, all Heretics after the first and second admonition. 13. q Sir Ed. Coke in Litletop, l. 2. Sect. 136. 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 Ecclesiastical Law IN THE RIGHT OF HIS OFFICE. These censures belong not to secular Courts; they are derived from our Saviour's Priestly power, and may not be denounced by any, that is not a Priest at least. And, r Ib. a Maxim it is of the Common Law, (saith that famous Lawyer) that where the right is spiritual, and the remedy therefore ONLY BY THE ECCLESIASTICAL LAW, the c●nusans thereof doth appertain to the Ecclesiastical Court. But s Ib. Sect. 201. A BIHOP is regularly THE KING'S IMMEDIATE OFFICER to the King's Court of Justice in causes Ecclesiastical. 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 t And why may not the great revenues of the Bishop's b● divided, to maintain a preaching Minister●▪ and their jurisdiction also, for the better over sight and censure of manners? I. G. p. ●. to share the Bishop's Lands and Jurisdiction among you of the Presbyterial faction. This your vast covetousness & ambition have of late cost the Church full dear, and have been a main cause of these divisions and combustions. By these means you have made a forcible entry 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 lays 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 than Presbyters, even of the same with the Apostles. Hence is that of S. Cyprian, u Cyp ep. 27. n. 1 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 foul, or run 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, x Quod non peri●●ium metuere debemus, have incurred such dangers, as they wot not of. For if we believe S. Cyprian, 1 de ●ffenlâ Domini, quando aliqui de Presbyteris they offend God, 2 ●ec Evangelii, they are unmindful of the Gospel; 3 ●ec loci sui memores, they affront the perpetual practice of the Church; 4 sed neque suturum Domini judicium, neque nunc sibi praepositum Episcopum cogitantes, quod nu●quam omnino sub antecessoribus factum est, cum contemptu & contume●ià praepositi totum sibi vendicent? Atque utinam non they neglect the judgement to come; and 5 prostratâ fratrum nostrorum salute sibi omnia vindicarent Cyrp ep. 10. endanger the souls of their brethren, whom Christ died for. Neither is this the opinion of S. Cyprian only; Ignatius speaks as much; y Ignat ad Philadelph p 91. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, As many as are Christ's, 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 Vedel●us from Geneva: and if true; a most dreadful sentence for those, that endeavour the extirpation of Episcopacy. 15. As for the Privileges of the Clergy, 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. z Gen. 14. 10. Abraham give tithes to the Priest of the most high God, a Gen. 47 22. The Priests in Egypt had lands belonging to them, as also portions of the King's free bounty. And the same Law of Nature taught Pharaoh and Joseph b Ib. & v. 26. not to alienate either the Priests lands, or other their maintenance in time of extremest famine. By the light of Nature c Ezra 7. 24. A●taxerxes King of Perfia decreed, that it should not be lawful for any man to lay toll, tribute, or custom upon any Priest, Levite, Singer, Porter, or other Minister of the house of God. And d 1 Mac. 10. 65. King Alexander son of Antiochus Epiphanes made Jonathan the High Priest a Duke, and Governor of a Province. e Ib. v. 62. He commanded him also to be clothed in purple; and f Ib v. 63. caused him to sit by, or with, his own Royal Person. g Ib. v. 89. He sent also to the same High Priest a Buckle or collar of Gold, to wear; even such as were in use with the Princes of the blood. And h Ib v. 63. by Proclamation he commanded that no man should molest the High Priest, or prefer complaint against him. And can it be denied, that i Heb. 7. 1. Melchisedec, Priest of the most high God, was King of Salem, and made so by God himself? 16. In the Law, k Ecclus 45. 20. 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. l Exod. 28. 2. For him he ordained glorious and beautiful garments. m Ecclus. 45. 7. He beautified Aaron with comely ornaments, and clothed him with a robe of glory. n Ex. 28. 36. 37. Upon his head he set a mitre, and o Ecclus. ●5. 12. a crown of pure gold upon the mitre, wherein was ingraved Holiness; And this, if I mistake not, is p Philo jud. de vitâ Mosis. that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which Philo tells us, was set upon the Priests head, and is the chief ornament of the Eastern Kings. The reason, he gives for it, is this; because q Ib. while the Priest is discharging his duty he is more eminent than any person whatsoever, even than Kings. But I rather conceive, it was because at that time he represented, or prefigured the Royal priesthood of our Saviour. 17. For the Gospel, we have prophecies, in what state and honour Priests ought to be had among Christians. Witness that Evangelicall Prophet, whose words are these, r Es. 61 6. s● Soli Episcopi & Presbyteri propri● jam vocantur in Ecclesiâ Sacerdotes. Aug. de civet. Dei. l. 10. c. 10. Ye shall be named THE PRIESTS OF THE LORD (as they are at this day): Men shall call you the Ministers of our God. Ye shall eat the riches of the Gentiles, and ye shall be EXALTED WITH THEIR GLORY. This is one▪ the other shall be from that royal Psalmist; t Psal. 45. 17. In stead of thy Fathers thou shalt have children, whom thou mayest make PRINCES in all Lands. Do not you go about to make the Word of God a lie, while you endeavour to disinherit the Clergy of these privileges and honours? But u Rom. 3 4. God shall be true, he shall be justified in his sayings; and every man shall be a liar. Behold, how these prophecies were fulfilled under the Gospenl. When our Saviour sent forth his Apostles and Disciples to preach the Gospel, and to dispense his heavenly mysteries, he deigns them with this honour, to rank them for usage with himself; x S. Mat. 10 40. S. Luk. 10. 16. He that despiseth you, despiseth me; and he that receiveth you, receiveth me. To intimate to all Christians, that they ought to use his messengers, as they would Christ in his own person. For whether well, or ill, he will take it as done to himself. Hence is it, that y Gal. 4. 14. the Galathians received S. Paul as an Angel of God, even AS CHRIST JESUS. Yea z Ib. v▪ 15. they were ready to pull out their own eyes, to do him a pleasure. And a Act. 28. 27. 10. when this Apostle came to Melita, he, and those that attended him, were courteously entertained, honoured they were with many honours, and enriched with gifts, by the Prince of that Island, and his people. 18. Some, it may be, may conceive, that these were but personal honours; and that they belong to them only, whom Christ immediately ordained. But the Scripture will teach us a better lesson. For doth not our Saviour say, b S. joh. 13. 20. He that receiveth whomsoever I send, receiveth me? Now we know, that our Saviour sendeth not only by himself, but by those also, to whom he hath given power to send, and ordain. Thus by S. Paul he sent Timothy and Titus: and we find c Act. 14. 20. S. Barnabas with S. Paul ordaining Presbyters in all Churches, where they came. This therefore is a general rule; d 1 Tim. 5. 17. those Governors, who labour in the Word and Doctrine (whether they be ordained by Christ, or his Apostles, or any other, to whom this authority is duly given) are WORTHY OF DOUBLE HONOUR; that is (saith Primasius) e Primas. in 1 Th' ●. ● 23 both in love, and place. Thus f 2 Cor 7. 15. Titus by the Corinthians was received with fear and trembling, and memorable obedience. g Theod. in loc. They honoured him (as Theodoret speaks) as their Father, and reverenced him as their spiritual Governor. These honours are due, not so much in respect of personal worth, as in regard of the office, which they bear. This appears by S. Paul; who willeth the Philippins not only to h Philip. 2. 29. receive Epaphroditus, their Apostle, or Bishop, with all gladness; but, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, he chargeth them to hold SUCH, AS HE WAS, in honour and reputation. All must be thus honoured; but those most, that are most worthy. 19 Constantine, the first Emperor that ever was christened, had learned this lesson; i Ruffin hist. l. 9 c. 10. he therefore did reverence the Bishops, ad imaginem quandam divinae praesentiae, as if he had some resemblance of God before his eyes. k Theod. hist. l 1. c. 11. He kissed those Bishop's scars, that had suffered for Christ's most holy Name. l Euseb. de vi●â Constant. Mag. l 1. c. 33. He entertained divers of them at his own table: and m Gelas. Cyzie. l. 1. c. 37. at their departure he bestowed upon them many & goodly gifts. n Ruffin. hist. l 9 c. 10. Upon Bishops he conferred very many privileges, and the highest Honours he had to bestow. He ordained, that o Euseb de vitâ Constant. M. l 4. c. 27. those Canons, which were agreed upon by the Bishops, and had received his Royal approbation, should be of more sacred authority, than any Law or sentence, that should pass from his highest Judges: and that none of his Princes should dare to infringe them. To conclude, p Theodoret. hist. l. 1. c. 2. he commanded the Governors of his several Provinces to give reverence and honour to Bishops; threatening no less than death to such as should revile or abuse them. What reverence and esteem Bishops were of with his several sons, though differing in Religion, the Church History manifests: for these and all other privileges were inviolably preserved to the Church, till that Apostata Julian beware the Crown. But those pious and orthodox Emperors, that succeeded him, raised up the Church, and made good her former privileges. 20. The reason why good Princes were so careful of the Church and Churchmen, was q Euseb. de vitâ Constant M. l. 1. c. 35. because they were confident, with Great Constantine, that God gave a blessing to their affairs, for the Bishop's sakes. And those two wise Emperors Leo and Constantine profess with Justinian, that r Ius Graeco-Rom●tom. 2. lib. Leonis & Constant Tit. 3. n 8. the peace and felicity of their people, as well for body as soul, depend upon the harmonious consent of the Imperial and Episcopal functions. Mark that. In Scripture s 2 Reg. ●. 12. etc. 13. 14. the Prophets and servants of God are called the chariot of Israel, and the horsemen thereof; because t Gen note in 2 Reg. 13. 14. by their prayers they did more prosper their Country, then by force of arms. Yea u Ib. by them God blessed his people. These were the Church-priviledges; and these the opinions the most Christian Princes had of Churchmen. And you cannot say, that any of these Emperors had any dependence upon the Pope, or any compliance with him. But we are fallen into those times, wherein it is accounted loss, to bestow cost upon Christ; piety, to rifle the Church; and good service to God, to murder his Apostles and Priests. Indeed, what ever is good and commendable, is now with the round brotherhood cried out upon as Popish. By this time, I hope, it appears, that x Immunities arising from the error of the times, not the tenure of Scripture. I. G. p 4. these immunities, which belong to the Church, arise not from the error of the times, as you suppose, but from the tenure of Scripture. That's the tenure, we hold by. CHAP. XII. Whether to sit and vote in Parliament be incongruous to the calling of Bishops. 1. SOmething an hard theme to treat upon, and unpleasing to the times. And yet I must say something to it, lest I seem to desert the cause, to blame our Predecessors of indiscretion, and to acknowledge that weakness in our Bishops, which the wisest of this Kingdom know to be far from them. What? Not contented to strip us of our rights, lands, and privileges, but you must twit us with the loss of y One of the privileges of the Clergy was for the Bishops to sit and vote in the House of Peers. yet that is abolished as incongruous to their calling I. G. p. 4. the Bishop's Votes, as if they were neither fit to sit or vote, in the House of Peers? That this hath been done cannot be denied; but how justly I shall not question for the honour I bear to my Sovereign. Yet thus much is evident to every single eye, that we have had many even and conscionable Parliaments, wherein Bishops have voted: what kind of Parliament we have had without them, some will make bold to speak hereafter. But a word in private. Were they not thrust out, lest the King should have too many faithful Counsellors in the House? Were they not removed, to make way for these civil broils? The Incendiaries knew full well, that those messengers and makers of peace would never have passed a Vote for war. 2. But what were the motives, that wrought upon His Majesty, to yield to have the Bishops turned out of that House, z Lex terrae p. 14 wherein they had voted from the first day, that ever Parliament sat in England? And before ever there was an House of Commons, they had their Votes in the great Counsels of the Kingdom; as Sir Robert Cotton manifests in his Treatise, that the Sovereign's person is required in the great Counsels of the State. p. 3. etc. If at any time they have been forced out of these Parliaments, or great Assemblies, it hath been with so ill success, 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 persuaded in a mutinous manner to cry down the Bishop's votes, because they had no market for their clothes. And now they cry out, that they want wool to make clothes. Is not this the blessing they have gained by that hideous and senseless outcry? 3. But why was this privilege abolished, as incongruous to their calling? Are Bishops unfit to advise, or assent in framing Laws? Surely they are rational men, and learned men. By reason of their age, and offices, which they have heretofore passed thorough, 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 a Sir Ed. Coke in Litleton, l 2. Sect. 138. this is a strong argument in Law, b Omne factum, si rectè factum non est, peccatum est, Nec rectè factum esse ullo modo potest, quod non à rectâ ratione proficiscitur. Aug. de util. credendi. c. 12. Nihil, quod est contra rationem, est licitum, Nothing contrary to reason, is lawful. For REASON IS THE LIFE OF THE LAW; nay the COMMON LAW itself IS NOTHING ELSE BUT REASON. Which is to be understood of an artificial perfection of reason, gotten by ¹ long study, ² observation, and ³ experience, and not every man's natural 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. 'Tis true, that c Gu●d. Pancirol. de Magistrate▪ Municipal. c. 2. Senatore sons might be admitted to the government of the Commonwealth, before they were five and twenty years of age: but d Ib. c. ●. before they were twenty and five years complete, 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 inquire 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 Spiritual have sat and voted with the Lords Temporal, 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. e ●useb. de vitâ Constant. M. l. 1. c 33 They sat at Constantine's own table. Nor to be numbered among Peers. f Psal. 45. 17. The prophecy 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 Sovereign, and love their Country without 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 temporal affairs; for g Psal. ●9 ●. they were both Priests. h Exod. 18. 14. 17. etc. Jethro, Priest of Midian, was of excellent use to Moses in State affairs. And it may not be forgotten, that i 2. Reg. 12. 2. King Jehoash thrived, as long as he harkened to Jehoiada the High Priest. But when he slighted the Priest's counsel, he suddenly fell into the extremest miseries. 2 Chron. 24. 21. 23. etc. Our Histories will likewise tell you, how K. Henry VII. prospered 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 counsel 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 spy thi● incongruity, which was never discerned by the wisest of our forefathers. The Writ, which summons the Parliament, runs thus, k justice jenkin's Inconven. p. 4. Rex habiturus colloquium & tractatum cum Praelatis, Magnatibus, & Proceribus. The King intending a Conference and Treaty 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 incongruity 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 authentic, than the resolutions of all our forefathers? You have no way to finger the Bishop's 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 l Ib. the Writ of Summons is the basis and foundation of the Parliament. And m Ib. if the foundation be destroyed, what becomes of the Parliament? Truly it falls; saith Justice Jenkins; according to that n Ib. p. 5. maxim 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 ruin the Foundation, the Writ of Summons, it must necessarily follow, that you endeavour the ruin of the Parliament. By the Writ the King is to have treaty 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 o Exod. 25. 10. the Ark to be made of Shittim-wood: If there had been no Shittim wood, the Ark could not have been made. If there be no Prelates, where's the treaty? Where the Parliament? It will not serve to slip in the Presbyters; they are not the men, they are not called for. p Sat Ed. Coke Instit. part 4. c 1. Sect. Of what persons. These are Episcopal privileges: q Madge, Charta. c. 38. all other Ecclesiastical persons are to be contented with those liberties and free customs, quas prius habuerunt, which they enjoyed heretofore. 8. The Writ summoned this Parliament, for the defence of the Church of England. Herein you have also made the Writ void; for you have destroyed the Church of England. And in destroying the Church, you have destroyed the Writ. The Commission is for defence; they then that destroy, what they are bound to defend, overthrew their Commission. r S. Mat. 10. 12. Our Saviour sent his Apostles to preach peace; s Rom. 12. 14. to bless, and not to curse; t Gal. 1. 10. to please God, and not man. If then we preach war, and not peace; if we curse, when we ought to bless, if we please men, and not God, we forfeit our Commission. S. Paul is plain; u Ib. If we please men, we are none of Christ's servants; much less Apostles. For x Rom. 6. 16. his servants we are, whom we obey, whom we please. If then we prove y S. Mat. 25. 30. faithless and unprofitable servants, we shall be turned out of our Master's house, even out of doors, and cast into outer darkness. Upon these grounds I argue thus. He that overthrows the prime intention of the Writ, overthrows the Writ. But you have overthrown the prime intention of the Writ. Therefore you have overthrown the Writ. That you have overthrown the prime intention of the Writ, I prove thus. The prime intention of the Writ is for the State, and defence of the Church of England. But you have z Defensionem Ecclesiae Anglic●●ae, that is gone. Just jenkin's Inconven. p. 5. overthrown the State and defence of the Church of England. You have therefore overthrown the prime intention of the Writ. The second Proposition cannot be denied, it is so palpably true. The former is Sir Edw: Coke; his words are these. a Sir Ed Coke Instit. part 4. c. 1. Sect. The matters. The State and defence of the Church of England is first in intention of the Writ. And b justice jenkin's Inconvenien p. 5. if the Writ be made void, all the process is void; and so farewell Parliament. 9 Besides, I have learned, that c Ib. p. 4. the assembly of Parliament is for three purposes. First, for weighty affairs, that concern the King. Secondly, For the defence of his Kingdom. And thirdly, for defence of the Church of England For the King, no question, but the Bishops are faithful to him. We see, they have constantly adhered to him in these times of trial. In Gods and the King's cause they have all suffered, and some died commendably, if not gloriously. For the defence of the Kingdom none more forward with their advice, purses, and prayers. And for the Church, who so fit, who so able to speak as Bishops? Versed they are in the divine Law; in Church history, and in the Canons of the Church. They fully understand not only the present, but the ancient state of the Church. They know, what is of the Essence of the Church; what necessary, and what convenient only; what is liable to alteration, and what not. These things are within the verge of their profession, and most proper for them to speak to. 10. When King David first resolved to bring up the Ark of the Lord from Kiriath-jearim, into his own City, d 1 Chron. 13. 1. he consulted with the Captains of thousands, & hundreds, & cum universis Principibus, and with all his Princes, about this business, e Ib. v. 7. By their advice he orders, that the Ark should be carried in a new Cart; and Vzzah and Ahio are to drive it. But what becomes of this consultation? f 2 Sam. 67. Vzzah died before the Ark, for usurping that, which did▪ not appertain to his vocation● for this charge was given to the Priests, Gen. Note in 1 Chron 13 10. An error was committed clean thorough, and Vzzah suffers for it. Though David were a marvellous holy man, and a good King, and had a company of wise, religious Councillors about him, in the removal, and ordering of the Ark, they were mistaken, because they did not advise with the Priests about it. For g Mai. 2 7. the Priests lips preserve knowledge▪ & they shall inquire of the Law at his mouth. And h Numb. 4 15. the Law will not have a Cart to carry the Ark, nor Laymen to meddle with it. David saw his mistake with sorrow; and confesseth to the Priests, that i 1 Chron. 15. 13. he and his Councillors had not sought God after the due order. And why so? k Ib. Quia non eratis praesentes (so the Fathers read) because the Priests were not present, & he had not consulted with them about this sacred business. And hence it is, that l Ib. they did illicitum quid, something that was unlawful. That then a thing be not unlawful, we must consider, not only what is to be done; but the order and manner is to be considered, how it ought to be done; lest failing of the due order, it prove unlawful. Most Christians know bonum, what is good; but few are skilled in the bene, how it ought to be done; and that is it, that makes so many ruptures, so many breaches, and factions in the world, because every man will prescribe the order, and manner; which, God knows, they ttle understand. 11. When therefore David had once more resolved to fetch up the Ark from the house of Obed Edom, he calls for the Priests, and acknowledgeth, that m 1 Chron. 15. 2. none ought to carry the Ark of God, but they; and that n Ib. v. 13. therefore the Lord had made a breach upon him and his, because the Priests had not brought it up at first. That this fault may be duly and truly mended, o Ib. ●. 12. David commands the Priests to sanctify themselves, and to bring up the Ark. They did so, p Ib. v. 1●. they brought it up upon their shoulders, q Num. 4. 15. according to their duty. And r 1 Chron. 15. 26. God helped the Levites, that bore the Ark; because it was now done in due order. It is no shame then for us, to acknowledge our error with David, and with him to amend, what is amiss. Yea this was such a warning to him, that s 1 Chron. 17. 1. he would not so much as resolve to build an house for the Lord, till he had acquainted the Prophet Nathan with it. In matters therefore, that concern the Ark of the Covenant, the Church of the living God, it is not safe to do any thing without the Priests advice. If then the chief and main end of calling a Parliament be for the good of the Church, it is most necessary to have the chief Fathers of the Priests present. But Sir Edward Coke assures me, that this is the main end of calling a Parliament. His words are these; t Sir Id Coke Inssit. part. 4. c. 1. Sect. The matters. Though the State and defence of the Church of England be last named in the Writ, yet is it FIRST IN INTENTION. And what is first in intention is chiefly aimed at, all other things that are handled, are but as means to effect that. It is not then incongruous, but most consonant to the calling of Bishops to sit and Vote in Parliament. 12. Besides, u Ib. if the honour of God, and of holy Church be first in intention, how shall the honour of God, and of the Church be provided for, how defended, when the Fathers of the Church are discarded, who know best, what belongs to God's honour; who are most able to speak in defence of the Church, & to show how she ought to be provided for? Shall she not in their absence be laid open to the subtle foxes, and merciless bores to waste and destroy her? Yea x Iust. jenkin's Inconven. p 5▪ by this means she is already destroyed. So pious Justice Jenkins. The incongruity than is not to the Bishop's calling, but to the covetousness of bores and foxes. 13. Another incongruity will follow upon this. y Just jenkin's Inconven. p ●. Instit. ●●●. 4▪ c 1. Sect Of what persons▪ 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 z Sir Ed. Coke Ib. the Bishops are one of the three Estates. Suppose them to be the more feeble and less honourable Estate, or Member, yet a 1. Cor. 12. 22. 23 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 b 1 S. P●●. 2▪ 21. 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 c Lex terrae p. 14 Bishops were in all Parliaments, and voted in them, since we had any. Yea, that great Master of the Law justifies, that d Sir Ed Coke Instit. part. ● c. 1. Sect. Of what persons. 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 bears 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 Sovereign of this Realm, or any other authority what soever, without the advice & assent of the three Estates of the Kingdom, viz. of the ¹ Lords spiritual, & ² temporal, & the ³ Commons of this Realm. 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 Majesty have to call a Parliament without Bishops, since he cannot assure himself of God's assistance without them? f Beda Eccles▪ hist l. 3. c. 7. Cenwalch King of the Westsaxons was sensible, that his Province was destitute of God's protection, while it was without a Bishop. Indeed g Bafil. M. ●p. ●1. a good Bishop is (with Gregory, Metropolitan of Caesarea) not only the beauty of the Church, and a fortress to his flock, but he is the safety of his Country. It was the religious conceit of our country men heretofore, that h Rog. Hoveden. in Hen. ●. p▪ 601. both King and Kingdom have by the Church a solid, ● sure foundation for their subsistence. And it was the usual saying of King james, i Confer. at Hampt. Court p. 36. & 82. No Bishop, no King. In Scripture the Priests are called k 2 Reg. 13. 14. the Charets and horsemen of Israel; because by their prayers the Country prospered more than by force of arms. And the Greek Fathers observe, that l 1 Tim. 2: 1. the Bishop is therefore to pray for all, m Occumen. in joc. because he is the Common Father of all, be they good or bad. 16. And as he can have little spiritual comfort without Bishops; so n ●4 Ed. 1 c. 1. & 14. Ed. 3. c. 1. without them he can have no temporal relief, no Subsidies granted for his own supplies, or for the defence of the Kingdom. 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 Realm, since these great Counsels of State were first assembled. For though the Bishops were by his Majesty 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 o Hos. 5. 0 like the Princes of Judah, that remove the bounds; That is as the Genevians interpret, p Gen. note in joc. ye have turned upside down all political order, and all manner of Religion. q Hos. 5. 10. Therefore upon those, that have done so, the Lord will pour 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 weal of the King, and safety of the Kingdom. 17. And yet, as if what-you had delivered, were ex tripod, as sure as Gospel, r And then why may not the removal of their Ecclesiastical jurisdiction be consented to, as well, if it prove inconvenient & prejudicial to the Church. I. G. p. 4. from barring their votes, you deduce an argument for taking away their Jurisdiction Ecclesiastical. If one be abolished, why may not the other be removed? As if, because my cassock is taken from me, I must necessarily be stripped out of my gown 'Tis true, if this be also done, I must bear it patiently; but my patience doth not justify their action, that do me the injury. Neither doth the former fact justify the latter: truly no more than David's folly with Bathsheba can countenance the murder of Vriah. The question is not the fact●, but de jure, not what is done, but whether it be justly done. If the fact may justify a right, then may we maintain robbing upon Salisbury Plain; because it hath been done there more than 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 prejudicial to the Church? But with Julian the Apostata, ye had rather slay the priesthood, than the Priests. 17. Indeed s The abolition of the one, is no more against the Oath then of the other. I. G. p. 4. the removal of their Ecclesiastical Jurisdiction is no more against the Oath than the abolition of their Votes. Both alike in respect of the Oath; but if we consider the several 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 civil 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 peril to their souls, cut off that entail, which God hath settled upon his Church? I believe, no. But you will only remove it, not abolish it. And removed it may be from Dorchester to Lincoln, from Crediton to Exiter. But the removal of Ecclesiastical Jurisdiction from Bishops to Presbyters, is utterly unlawful; since without sin we may not alter the Ordinance of God, who settled this Jurisdiction upon Bishops only, and not upon Presbyters; as is demonstrated in the next Chapter. CHAP. XIII. Certain light and scandalous passages concerning Prince and Priest tenderly touched. 1. THere's a great cry in the fourth page against the Jurisdiction of Bishops, ● inconvenient and prejudicial to the Church; against unlawful immunities, anti-evangelical Pomp, cumbersome greatness, and Forfeiture by abuse. All these are cried out upon, but none of them proved. I shall therefore pass these by as a distempered foam, or pulpit froth. Yet thus much I must say, that the Immunities of the Clergy, are held by Law, or not. If by Law, then are they not unlawful, but legal. If legal, it is presumption in you to call them unlawful. If unlawful, show against what Law. We take not your word to be so authentic, as if we were bound to believe, what ever you say. 2. Something answerable to this it is, that you tell us, t I. G. p. 4. when this Oath was framed, the Church was endued with the ignorance of the times. But when was that time? For that we may go seek; for you relate it not. If you had, perchance we might have showed you as wise, and as learned men in those times, as Westminster affords at this day. 3. And yet upon these imaginations you conclude, that u In all which respects the Oath was invalid▪ being vinculum iniquitatis. I. G. p. 4. the King's Oath is invalid, and not only so, but that it is vinculum iniquitatis, the bond of iniquity. The respects, you rely upon, are only these. First, that x Ib. p. 1. Prelacy is an usurpation contrary to Christ's institution. 2ly, that y Ib. p. 3. the Clergy ●e of themselves a distinct Province, is a branch of Popery. 3ly, that z Ib. p. 4. Bishops sitting and voting in the House of Peers, is abolished as incongruous to their calling. 4ly, that a Ib. the Church was endowed with divers unlawful immunities. And last of all, that b Ib. when this Oath was framed, the Church was endued with the ignorance of the times. The four former have been prettily well sifted, and a non liquet is returned, I find them not proved. When you make good the last, I shall, with God's blessing, return you an answer. 4. In the mean space I cannot but tell you, that you have wilfully & dangerously scandalised divers Princes or blessed memory; and charged them almost as deeply, as c Act. 8. 23. S. Peter did Simon Magus, with the bond of iniquity. A binding, in intangling sin. Surely those Princes if you may be credited, took this Coronation Oath either ignorantly, o● maliciously. If ignorantly, they are simple, or careless: If maliciously, they were neither good Kings, nor good Christians. But light forsooth, hath shined forth since those misty days. I fear this late light, is but a false light: for it was never spied by any, that were not condemned Heretics, till now of late. 5. Well, think men, what they please, you have lately discovered, that the Jurisdiction, which was inconvenient and prejudicial in the Bishops, will prove very convenient and commodious for the Church in preaching Presbyters. Those immunities, that were unlawful in them, will be lawful in you. That pomp, which was anti-evangelical, and carnal in them, must needs be spiritual and throughly sanctified to such Evangelists as yourself. That cumbersome greatness will but fit your shoulders; and those great promotions, will not at all be unwieldy to Presbyterial Saul, which did cumber Bishop David. And d I. G. p 4. those privileges, which were disadvantageous to the Church, and hindered the growth of religion, while they were in Episcopal hands▪ will in a Classical Assembly turn to the advantage of the Church, and further her edification. If this be not your meaning, let the world judge. For these are your words; e Ib. And why may not the great revenues of the Bishops, with their sole▪ Jurisdiction in so large a circuit, be indicted and convict to be against the edification of the Church; and it be found more for the glory of God; that both THE REVENUE BE DIVIDED, to maintain a preaching Ministry, and THEIR JURISDICTION also, for the better oversight and censure of manners. You have indicted them indeed, and their revenues, as if under the Bishops there were no preaching Ministry, no censure of manners; as if under them there were nothing to the edification of the Church or the glory of God. Whereas it is well known, that whilst the Bishops enjoyed their Jurisdiction, other manner of Sermons were preached, then have been ever since. 6. You have already vaunted, that the Bishop's revenues and Jurisdiction are against the edification of the Church; and I make no question, but you will justify, that the abolishing of the three Creeds, is much to the edification of God's people. And is not the silencing of the ten Commandments, for the better oversight and censure of manners? Thus you have also condemned that most excellent form of Divine Service, and vented multitudes of heresies; and all for the glory of God. But when these things come to try all we shall certainly see, who will be convicted by that grand Jury, f S Mat 19▪ 2●. that shall sit upon twelve thrones, Judging the twelve tribes of Israel. Not only of Israel according to the flesh, but of Israel also according to faith. 7. But why are you so suddenly fallen from an abolition, to an alteration? Before you profess, g I. G. p. 4. That the abolition of the one, is no more against the Oath, then of the other. There you would have the Bishop's Jurisdiction abolished with their Votes. But here you will have the Jurisdiction divided, their domination altered, and all to maintain a preaching Ministry. This you call h Ib. the removal of their Ecclesiastical Jurisdiction; in the same page. Aaron must lay down his Mitre and holy garments, that Korah may put them on. And S. Paul must resign his Apostolical rod to Simon Magus, to Alexander the Coppersmith, and to the brethren in Q●irpo. And why so? Alas, the Apostle-Bishops i Ib. do not further, but hinder the work of the Gospel; They are superannited and decrepit; away with them by all means, and bring in the young, lusty Presbyter-Bishops, k Ib. where strong holds are to be vanquished. These are the men will do the work, or the Pulpit and Church shall ring for it. This you call l Ib. a good plea to ALTER the useless anti-evangelical pomp. Indeed '●is the best you have; and make the best you can of it, it will prove but an anti-evangelical and Antichristian plea; if we trust Scripture. 8. Yet, that this may be done according to your design, you allow the King thus much power, m Ib. that he may, notwithstanding his Oath, consent to ALTER the Clergies immunities. No Oath shall stand in the way, so ye may gain by it. What? again fallen from the question? From abrogation to alteration? What if I should tell you, that you have altered the state of the question? That abrogation is the repealing, the disannulling of a Law; and not the changing of it? But this is no error with you, whose aim is to have Episcopacy abolished, that so the immunities and lands thereof may be transferred upon the Presbytery. This is the alteration you gape after. Yes, you would so; n Ib. settled you would have them upon preaching Ministers, and o Ib. p. 6. upon parochial Pastors: as if none were Preachers or Pastors, but you of the Presbyterial cut. I will not say, that you are Heretics in this and in other your new-forged doctrines, invented to subvert Monarchy and Episcopacy. But I shall tell you S. Augustine's opinion, and so leave you to the opinion of the world. p Haereticus est, ut mea fe●t opinio, qui alicuius temporalis commodi & maximè gloriae principatusque sui gratiâ, falsas ac novas opiniones vel gignit, vel sequitur. Aug deutil▪ credend. c. 1. He, in my conceit, is an heretic (saith that Father) who FOR ANY TEMPORAL COMMODITY, 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. q I. G. p. ●. The Clergy (say you) either hold their rights and immunities by Law, or otherwise. This is not to be denied. But what follows upon this? r Ib. 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; and so the King's engagement 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 blasphemy. Indeed it is a blasphemous position to broach the contrary. None but an Atheist dares justify, that s Princeps supra legem divinam non est, positailla quippe ab eo est, qui supra ipsum est: neque supra naturalem, quae aboleri non potest nisi cum naturâ ipsâ. Io. Be daeus de Jure Regio c. 2. the Parliament, or any mortal Sovereignty, 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 Country, and a friend to confusion, dares affirm, that the Parliament hath power to alter the Monarchical or fundamental Laws of this Kingdom. I am sure Justice Jenkins resolves, that t Lex terrae p. 29. by the Law of the Land a Parliament cannot alter any moral 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, than 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 immunity 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 ruin? But ye may, perchance, have a confidence, that the Parliament will not serve you so. Be of that mind 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 Sovereign, ye know. And can ye look to far better? Remember, what our Saviour saith, u 8. Joh. 15. 20 The servant is no greater than 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 courtesy ye are like to find, is that, which Ulysses had from Polyphemus, to be their last breakfast. 12. Well, x I. G. p. 5. upon the alteration of the Law, the immunity ceaseth, and so the King's engagement in that particular. An Ordinance of Parliament hath absolved many a subject from his Oath of Allegiance: 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 * All Kings by the Royal Office, and Oath of Coronation, are obliged to protect their Laws and Subjects. Declarat of the Kingd. of Scotland. p. 20 such is the duty of protecting his Subjects from oppression, and the Church from sacrilege. You cannot therefore possibly absolve him from this engagement. Besides, it was never conceived, that an Ordinance was of sufficient force to alter a Law. The King's engagement 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 y I. D. p. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Law, is so called in Greek, from rendering to every person, what is just, meet, equal. In very deed, as the great Lawyers speak, z Calv. lex Jutid. in verbo Ius. 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 injury, but no right. You are pleased to acknowledge a I. G. p. 2. our privileges to be our rights. How then can they be taken from us without injuri●● And it is not lawful, 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 than 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 equal 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 Clergy. 1. WE shall have reason to work us out of our rights, and Law to turn us out of the King's protection. But such reason and Law, as may with much ease, and more equity be returned upon yourselves. Your reason is this; because b Engagements to a Society to maintain their rights, indulged for the personal worth of present incumbents, or to promote the usefulness of the office: if in their matters they prove prejudicial to the office, or the succeeding officers by their ill demeanour forfeit them, their engagement becomes alterable. I G p. 5. these rights were indulged to the Clergy, for the personal 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 God's service. Or rather, these lands and privileges were given to God and the Church, for the maintenance of these offices. My unworthiness makes not the office the worse; neither can my wickedness make a forfeiture of God's inheritance. I may, c 1 Reg 2. 27. with Abiathar, justly be deprived of my place, and the benefits thereof; but the place, and the rights thereof fall not into a Praemunire; a good man even d Ib. v. ●5. Zadok succeeds this traitor Abiathar, and enjoys not only the office, but all the profits▪ that belonged thereto. This was Solomon's justice; he knew, how to distinguish between the faulty Priest, and the faultless office. But you are a rooter; if a twig be in fault, up with b●ai●h and root. This is your justice. But e Gen. ●8. 25 26. it is far from the ju● 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, f Lactan. Instit. l. 6. c. 9 Quam uniformen ac simplicem proposuit omnibus Deus, not what we fancy, but what to all men God hath proposed uniform, and alike, plain and simple; such as can admit of no cavil or misconstruction. g Vbi iusticia ve ra non est, nec ius potest esse. Quod enim iure fit, iustè sit. Quod autem fi●imustè, nec ●●re fieri potest. Aug. de civet. Dei. l. 19 c. 21. 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 lif● & 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: r See c. 13. Sect 13. 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 therefore there may be, an unjust Law there cannot be. s Aug. de Civit. Dei. l. 2. c. 21. N●n enim jura dicenda su●t, vel putanda, iniqua hominum constituta: for the unjust Constitutions of men, are not to be called, ●r esteemed Laws. And they that frame unjust Decrees, are not Princes, but tyrants: neither are their Subjects, Freemen, but slaves. Neither can the State, they live in, be called a Commonwealth; since, as Scipio Africanus observes, and S. Austin approves, t Aug de civet. Dei l 2. c. 21. 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, u Ib. 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 Commonwealth. It is S. Augustine's; x Aug. Ib. l. 19 c. 21. Vbi justicia non est, non est Respublica. Take away justice, and farewell Republic. For how can that be for the general good of all, where justice is not equally distributed to all of whatsoever profession. 3. But y I. G. p. 5. there's a great deal of difference (say you) between an engagement made to persons, on valuable consideration, and that which is made gratis to an office or society subservient to public good. So much difference indeed there is, that the settling of land upon a corporation is more firm than any entail upon a family; because persons die, but Corporations live. If gratis make the difference in your opinion, it makes none in Law: For that land ●● 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 z Of the later sort, is this engagement to the English Clergy. Ib. of this very sort is this engagement to the English Clergy. 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. a Ezra 6 8, 9 And of this sort are the engagements made to them by Darius' King of Persia. And yet b Ib. v. 11. 12. whosoever shall ALTER this word, let the timber be pulled down from his house, and being set up, let him be hanged thereon: 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 c Ezra 7. 15, 16. the silver and gold, which were freely offered by King Artaxerxes and his Counsellors, by the Priests and people to the God of Israel, for the house of God. Of this sort also was d Ib. v. 24. the relaxation of all toll, tribute, & custom to the Priests and Levites; a free gift. And yet e Ib. v. 26. 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 privilege granted, for the grace and favour that f Ezra 1. 8. Shesbazzar and g Ezra 7. 6. Ezra found in the eyes of those Kings? Or, if you will, for their personal worth? And yet this grant is called not only the Law of the King, but the Law of God: and delivered so to posterity by h Ib. Ezra already scribe in the Law of Moses, and the penman of God. 4. Suppose we also, that i I. G. p. 5. these rights were indulged for the personal worth of the present incumbents; may they therefore be alienated, because some succeeding officers demean themselves amiss? So say you; but you are wide of the mark. 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 dies with the person. But what is settled upon an Office, lives with the Office. k Cap. 4. 5. 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. l Act. 1. 25. Judas by transgression fell from his Office; but the Office fell not with him; no, m Ib. v. 20. another, a Saint may, and must take his Bishopship, or Apostleship, and the Rights that belong thereto. 5. However than some such favours may be granted to an Office, with relation to the personal worth of the present incumbent, yet being given to promote the usefulness 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 useless, and therefore abolished. But till then n There's no injustice done to make a Law to overrule or alter this engagement. I. G. p. 5. it is injustice to alter, or alienate those rights, without which the usefulness of that Office cannot be so well promoted. Injustice it is, to take that away, which you never gave, and is so useful 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 God's course. o The sons ●1 Sam. 2. 12. 22. 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 pass further, I must make this observation: The quarrel you pick with the Clergy, to rob them of their lands and privileges, will suit 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 Island should never see another Parliament. 6. You speak largely p There's no question of power in the Parliament, to overrule it. I. G. p. 5. of the Parliaments power. It is out of my element, and I am tender to meddle with it. I know 'tis large in a free and full convention, when the Members constitutive are present: But how large, I shall leave it to the learned of the Law to define. Yet this I dare say, whatever their power be, they cannot make that just, which is unjust; nor that truth, which is a lie. q 1 Reg. 21. 13. 16 Ahab and Jezabel had power to overrule the Elders and Nobles of Jezreel; and to take away both Naboths vineyard and life, without any cause at all. You will not, I hope, justify any such power, or Act. 'Tis true; Naboth hath lost all at a blow; but it was by tyranny, not by Law: Because there was no equity in the sentence. And yet there were as good witnesses came against Naboth, as any appear against Episcopacy. 7. But you have been at the bar of late, and have learned a Law distinction, which neither Scripture, nor Fathers, nor Scholmen ever taught you, and this it is. r The engagement were gone in Law, though not in equity. The order would be valid in Law, though injurious. I. G. p. 5. An engagement may be gone in Law, though not in equity. And that an Order of Parliament will be valid in Law, though injurious. How? valid in Law, though injurious? The learned in the Law deny, that an Order of Parliament is valid in Law. And some of their own creatures in their circuits have rejected some Orders from Westminster, because they were contrary to Law. But you, my Masters, that have been so forward with your purses, beware. s Ib. He speaks of sums of money, borrowed upon the public faith, for public good: For t Ib. the Parliament may ordain release of the engagement. Here's divinity without equity or conscience. But it's like the rest. 8. Gone in Law (saith this conscientious Preacher), not in equity; valid in Law, though injurious. Behold Law without equity; a Law, and yet injurious. God bless me from such Law, and such Divinity. I ever thought, that Law and equity had gone together, and that Law could not have stood with injury: Since (as S. Austin speaks) u Aug. in Psal. 145. 6. Jus & injuria contraria sunt, Law and injury are contraries; and can no more consist then light and darkness. And if with x Tho. 2. 2●. q. 57 1. 2m. Thomas, and y I. D. p. 6. the London Ministers, Jus be that, which is prescribed, or measured by Law; then either that is no Law, which prescribes, what is not right; or else injury shall be right, because it is prescribed by Law. I hope, you are not of this mind. 9 If the Fathers were not quite out of date, I could tell you, what S. Austin saith. And yet why may not I make use of him as well as your fellow Ministers of London? Behold then the very case. z Aug. in Psal. ●45. 6. Quid si a liquis condat jus iniquum? What if any shall make an unjust Law, a Law without equity? Is not the case put right? If it be so, take his resolution. a Ib. Nec jus dicendum est, si injustum est. If it be unjust, it is not to be named a Law. And yet with you it shall be a Law though injurious. Thus your case of conscience is resolved against conscience; for all injury, if understood, is against conscience. Surely the Parliament is much beholding to you, to stretch your conscience, and their fringes so much against conscience. For you justify a power in them to do injury; and not only so, but a power to make Laws, to justify this injury. And yet b The King's Oath is against acting or suffering a tyrannous invasion on Laws and rights, not against a Parliamentary alteration. I. G▪ p. 2 in them this shall be no tyrannous invasion on any Societies rights, because done by a Parliament. That title is a salvo for all blemishes and injuries. No tyranny, no invasion, if done by a Parliament: as if they were infallible, and could not err; impeccable, and could not do amiss. Or as if God himself did alter his own Laws, that their alterations might be irreprovable. 10. I must confess, the next is a very conscientious proposition, of another die; and this it is. c So if there be no injury, the King and Parliament may cancel any obligation. I. G p. 5. If there be no injury, the King and Parliament may cancel any obligation. Without peradventure they may. But what makes that So there? As there's no question of power in the Parliament, to ordain an injurious Order, or a Law without equity: SO IF THERE BE NO INJURY etc. What So, and no otherwise? Then have they no power at all to cancel any obligation, because the Parliament hath no power to make a Law without equity. If this do not follow, let men of understanding judge. And if you have no better argument to prove, that it is lawful for the King and Parliament to abrogate the immunities, and to take away the lands of the Clergy, you will never be able to approve the lawfulness thereof. 11. What is according to Law, true Law, is lawful; and what is lawful, is according to Law. If lawful, not injurious; if injurious, not lawful, not valid in Law: since nothing is valid in Law, that is injurious. To what purpose then are those words; d Ib. The abrogation will be just, as well as legal, there will be no injury done? Surely none, where Law is of force; for where Law is, there can be no injustice countenanced. But where your Law bears sway, an order may be legal, though injurious; for your words are, e Ib. The order would be valid in Law, though injurious. 12. And as for f Where there is forfeiture by miscarriage, or the privilege indulged to a Ministry, proves prejudicial: the abrogation will be just. Ib. forfeiture by miscarriage, the forfeiture in justice must fall upon him, that miscarries, that is, upon the person, not upon the Office; for an Office duly settled can no more make a forfeiture, than it can miscarry. Such an Office is Episcopacy, which was duly settled by Christ himself. And I hope you have not so far forgotten yourself, as to say, that an Office immediately instituted by our blessed Saviour can run into a forfeiture by miscarriage. What reason can you give, why that should suffer, that cannot err; that never offended? This is none of God's justice. And it is well known to the wise, that Bishops hold their lands, revenues, and immunities not as granted to their Persons, but as annexed to the office for the continual and comfortable maintenance thereof. Our religious Predecessors had learned of S. Paul, that g 1 Cor. 9 7. no man feedeth a flock, but he eateth of the milk of the flock. And that h Ib. v. 11. & Rom. 15. 27. it is the duty of the Gentiles to minister unto them in carnal things, of whose spiritual things they have been made partakers. Indeed i If we have sown unto you spiritual things, is it a great thing, if we shall reap▪ your carnal things? 1 Cor. 9 11. he makes a wonder, that any man should doubt of it; For how can the Office be maintained without means? Surely, though k Act. 20 34. & 1 Thes. 2. 9 2 Thes. 3. 8. S. Paul did sometimes work with his own hands, that he might not be chargeable to new converts; yet he telleth the Corinthians, that l 2 Cor. 11. 8. He rob other Churches in taking wages of them, to do the Church of Corinth service. Yea this Apostle justifies, that m 1 Cor. 9 4. he hath power to eat and drink of their charge, and to n 2 Thes. 3. 9 live upon their cost. And that o 2 Cor. 12. 13. he wronged them, when he did otherwise. 13. We confess, that p The privilege indulged to a Ministry (which ought to hold nothing but for public good) proves predudiciall. I. G. p. 5. the Office was provided for public good; and that those, which are of the Office neither hold, nor aught to hold any thing but for public good. Is the Ministry Lawful, or no? Was it settled by Christ, or no? q ●. D. p. 114. etc. Your London Ministers have concluded for the Divine right of Ministers, or Pastors, and Teachers: and I know, you subscribe to their doctrine. There may not then be any forfeiture of the Ministry, since the Ordinance of Christ cannot be forfeited by the miscarriage of man; that's out of all peradventure: Of privileges perchance there may be a forfeiture, where they prove prejudicial to the public good. But if and where never prove any thing, unless you can justify, that these privileges have been prejudicial to this Church and State. 14. Our religious predecessors began the Great Charter with r Madge▪ Char. c. 1. Concessimus Deo, First of all we have granted to God, and by this our present Charter have confirmed for us, and for our heirs for ever, that the Church of England be free; and that it have all her rights entire, and her liberties unhurt. s Rog Hoveden in Hen. 2. p. 601. William the Conqueror began his reign with confirming the liberties and privileges of the Church. And he gives this reason for it, t Ib. Quia per eam & Rex & regnum, solidum habent subsistendi fundamentum; because both King and Kingdom have by the Church a solid foundation for their subsistence. Had that Prince been always of the same mind, he had never defiled his hands with sacrilege, nor plunged himself and issue into so deep a curse. For after he began to ransack Churches, to rifle Monasteries, and to expose holy ground to wild beasts, and Church-lands to his pleasure, he and his became most unfortunate. He rips up the bowels of the Church his mother; and sucks her blood: and the son of his loins rebels against him, beats him, and draws blood from him. The Conqueror turns God out of his inheritance, and his son Robert endeavours to do the same to him. What afterwards befell him, and all his issue, I shall not need to relate, u Prefat. de non temerand. Eccles. Mr. Spelman hath lately saved me that labour; to him I remit you. In whose treatise you may briefly see the lamentable end of all that great Conqueror's posterity. To this I shall add, & wish all my country men to observe, that in the strictness of Reformation Episcopacy was continued, as most useful for the Church. 15. But though Episcopacy have not been prejudicial heretofore, it is likely now to prove so. For unless they degrade themselves, unless they will patiently x I hope, they will not be so tenacious of their wealth and honour, as to let the Crown run an hazard, rather than lay down their mitres, and endanger the whole Land to be brought to nothing, rather than themselves to moderation I G. p. 5. part with their wealth and honour, and lay down their Mitres, the Crown is like to run an hazard, and the whole Land be brought to nothing but misery. I am sorry to read these lines from a professed Preacher of the Word of God; for so you style yourself. And yet I am glad, you deal so fairly with us, as to give us notice, what hath been the cause of your factious preaching, the Countries and Cities tumults, and this detestable and deplorable rebellion? ¹ The Bishop's great wealth, ² their honour, and ³ their Mitres: these three ¹ Their wealth they are already stripped of; ² Their honour lies in the du●; and ³ their Mitres have not been seen many a fair year, unless it be upon their arms. We know no more what a Mitre is, than a Bishop knows what great wealth is; by speculation merely. Few of them have gained so much by the Church, as their breeding cost their parents. And yet the Clergy is the only profession repined at. 16. You should have done well, mutatis mutandis, to have directed this passage to the Parliament with this small alteration. I hope, you will not be so tenacious of that wealth, and honour, you have gained in these tumultuous times, as to let the Crown run an hazard, rather than lay down this usurped power, and endanger the whole Land to be brought to nothing, rather than yourselves to moderation. O, that they would bow down their ears in time, and embrace this counsel; then might they yet heal the sores of this shaking Land; and save their own souls. But the blame and danger are laid upon those, that least deserve it; that stood in the gap, as long as possibly they could, to avert Schism, Heresy, Blasphemy, Atheism, Rebellion, & bloodshed. All which, since the Bishops have been stripped of their honour and power, have overspread the face of this Land. 17. Suppose, the Bishops were faulty, shall God be turned out of his possessions, because his servants are to blame? Mr. Selden can tell you of a Charter of King Edgar, which will teach you to distinguish between God and man; between God's right, and man's fault. a In Cod. Edgar● apud Selden. in Notis. ad Eadmer. p 159. n. 10. Inviolabilis stet Monasterei Winton libertas; b Ersi Abbas, vel fratrum aliquis, incitante Daemone, reatus quippiam contraxerit; quia Deus, qui hanc privilegii largifluam donationem locumque cum universâ Monachorum familiâ, ruraque omnia sa●io subiecta coenobio possidet, nunquam rea●um commisit, nec ullo unquam tempore committet. Sit igitur prae●ata libertas aet●rn●, quia Deus libertatis possessor aeternus est. Ib. Although the Abbot, or any of the Covent, through the incitement of Satan, fall into sin, let the liberty of Winchester Monastery stand inviolable; because GOD, who POSSESSETH the plentiful munificence of this privilege, as also the place, with the whole family of Monks, and all the lands belonging to that holy Monastery, NEVER COMMITTED SIN, neither will in future times commit any. Let therefore this LIBERTY, or privilege, be ETERNAL, because GOD THE POSSESSOR OF THIS LIBERTY is eternal. The same say all good men for, though the Bishop be faulty, God is not, cannot be. The possessions therefore, and rights of the Church must stand inviolable. The faults are the Bishops, the lands are Gods. Let not God suffer for the Bishop's irregular behaviour. Let the Bishop be deprived of his place and profits, but not God of his lands. c Act▪ 1. 20. Episcopatum ejus accipiat alter, according to the Holy Ghosts prescription, Let another, a good man, take his Bishopric, that God's service may be duly celebrated, his Name glorified, and Christ's flock faithfully provided for. 18. But say we, what can be said, the Bishops are to blame, and must be brought to moderation. And how must this be done? By being brought to just nothing. For, according to your doctrine, Episcopy must be abrogated, and their Lands alienated. This we simple men take to be extirpation, or annihilation. But such discreet, conscionable men, as you are, know it to be but moderation. Should God return this moderation upon your heads, the Presbyterial Government would come to, what it should be, even to nothing. 19 Well, their wealth, their honour, and their mitres are in fault: and the Bishops must be corrected, for not laying down all these at this blessed Parliaments feet, to redeem the King's Crown. Good King, he suffers for the Bishop's obstinacy; and they, poor men, have parted with all, but what they may not part with, namely, their fidelity to God and the King. Have you not already disrobed them of their honours? Have you not plundered their houses, and seized their Lands? Have you not made them house-lesse, harbourless, not able to keep a servant? What would you more? But, let me tell you, your great Masters might have purchased better houses and lands at a cheaper rate. This they will be sensible of, when the accounts are cast up as well elsewhere, as at London. 20. The Bishop's wealth, honour, and mitres were your aim; these you have preached for, these you have fought for; what would you more? All these your Masters have, and the Crown to boot; and yet not quiet. Indeed all these thus gained will not afford a quiet conscience. That there may be some show of legality, y Take it at the worst, it is but for the King to get the Clergies consent I. G. p. 5. the King must get the CLERGIES CONSENT, and the Bishops must lay down their Mitres. And then 'twill pass for currant, that these Acts were passed by their own consent, and so no wrong done. z No injury done to him, that consents. Volenti non fit injuria. True it is, undone they are without consent: but if they consent, they undo themselves, and wrong their souls. And a madness it were to be chronicled, if I should cut mine own throat, to save my enemy the labour. How then can I give away God's inheritance to the Edomites & Ishmalites, lest perchance they enter forcibly upon it? And yet the Bishops are much to blame, if they will not do this: if not, the Crown will run an hazard, and the whole Land be brought to ruin. 21. What is to be done in this case? Surely if the Bishops knew themselves guilty of the difference between the King and his subjects, God forbid, but they should be willing to part with all, they may lawfully part with; and a Jonah 1. 12. be earnest with Jonah, that they might be cast into the sea, to allay this dangerous storm, if that would do it. But b Ambros. orat. in Auxent. de Basil. tradend. ep. l 5. what is Gods and the Churches, they cannot give away, or alienate. No, no, saith S. Ambrose, I cannot deliver up that, which I have received to preserve, not to betray. The Lands of the Church they may take, if they please. Imperatori non dono, sed non nego. I give them not to the Emperor, but I deny them not. c Tradere Bafilicam non possum, sed pugnare non debeo. Ambros, ep. 33. I withstand him not; I use no violence. d Ambros. orat. in Auxent. de Basil. tradend. What I do, is for the Emperor's good; quia nec mihi expediret tradere, necilli accipere; because it would be neither safe for me to give them up, nor for him to receive them. What beseems a free Priest, I advise freely; si vult sibi esse consultum, recedat à Christi injuriâ; If he desire to prosper, let him forbear to wrong Christ. Observe what belongs to the Church, is Christ's, not the Bishops. If any part of it be diminished, the wrong is done to God, and not to man. e Act. 5. 1. etc. Ananias laid down his possession at the Apostles feet; but kept back part of the price. Here was wrong done; But to whom, think you? Not to the Apostles; no: f Ib. v. 4. he lied not unto men, but unto God; he cozened God, and not man. This was the moderation of S. Peter, and S. Ambrose; and we may not be drawn from this moderation. Advise your great Masters to embrace so much moderation; as to wrong no man, but g S. Mat. 22. 21. to give unto Caesar, what belongs to Caesar, and to God, what belongs unto God. Till then, however they may seem to prosper, they will never be secure. CHAP. XV. Whether it be lawful to take away the Bishop's lands, and to confer them upon the Presbytery. 1. THe Church at this present, is much like her h S. Luk. 23. 33. Saviour hanging between two thiefs: but in so much the worse case, because neither of these are for our Saviour. One, the Independent, is wholly for stripping the Church of all settled maintenance: With him the Minister is to rely merely upon the people's benevolence. And reason good; for he is no longer a Minister, than it pleaseth that Congregation. But the other, the Presbyterian is like the chough in the fable, that would fain prank up himself with other birds feathers. i I. G. p. 6. The Bishop's lands and revenues must be diverted, & divided, to maintain Parochial Pastors; so you call them. k Ib. Sacrilege you condemn; but theft you like well of, so you and your fellow Presbyterians may be gainers. Quocunque modo rem, is profitable doctrine; so you may have it, you care not, how you come by it, nor who smarts for it. l S. Luk. 10. 30. The man of Jerusalem fell into such hands. 2. m To abolish Prelacy, and seize the revenues of Prelates, to private, or civil interest, undoubtedly could neither want stain, nor guilt, Such kind of Impropriation as happened in the days of H. 8. was cried out of, all the Christian world over. I. G. p. 6. Prelacy must be abolished; that's agreed upon. So far you go with your Parliament, but you are against seizing of the Prelate's revenues, to private, or civil interest. That is, as I conceive, to any particular man's use, or for the service of the State; as ye call it. I am just of your mind, and resolve with you, that this kind of impropriation could want neither stain, nor guilt. Such was that in the days of, K. Henry the eight; which was deservedly cried out of, all the Christian world over. But cry out you and your Mr. Beza with your Stentorian voices, upon this n Ib. detestable sacrilege, your good Masters are resolved upon the question, and have exposed the Bishop's lands to sale. So they may have these revenues to dispose of, they will venture stain, guilt, and curse too, say what ye can. 3. I must confess, you would fain set a fair gloss upon this detestable act. You would have o Who knows not the great defect amongst us, of congruous maintenance for▪ Parcchiali Pastors, by whom the work of the Ministry is chiefly to be performed, I. G. p. 6. those large revenues (as you are pleased to call them) to be passed over from the Fathers of the Church, to the sons of the Church; from the Bishops to Parochial Pastors, or Presbyters. I call these parochial Pastors, sons of the Church: because, though they be called Fathers in respect of their Parishioners; yet are they but sons in respect of Bishops, from whom they have their orders, and by whom, as Ministers, they are begotten. For Presbyters have not power to ordain a Deacon, much less to ordain a Presbyter; as p C. 4. & 5. hath been already manifested, & shall be more fully, if God give me life and leave, to examine the Divine Right of Church Government. 4. But since q If those large revenues of the Prelates were diverted ●o supply with sufficient maintenance all the defective Parishes in England, there would ●e no danger of sacrilege I. G. p. 6. these revenues must be diverted, or passed over from the Fathers to the sons, to supply them with sufficient maintenance, who shall make the conveyance? And when the conveyance is drawn with all the skill that may be, it is nothing worth, till the proprietary, the true owner give his consent, and confirm it. Desire you to know, who is the true owner? Look upon God, he hath accepted them, and taken possession of them; his they are by deed of gift. The Charters usually run thus; Concessi, offero, confirmavi DEO & Ecclesiae, I grant, offer, or confirm TO GOD and the Church, such and such Lands, Manors, or messages. When they are thus offered, God accepts of the gift, and sets this stamp upon them, * Numb. 16. 38. They offered them before the Lord, THEREFORE THEY ARE HALLOWED. And again, r Levit. 27. 28. Nothing devoted, or separated from the common use, that a man shall devote unto the Lord (whether it be man, or beast, or LAND OF HIS INHERITANCE) MAY BE SOLD, OR REDEEMED: every devoted thing is MOST HOLY UNTO THE LORD. When it is once separated from common use, it may no more return to common use; since (as your Geneva Note tells us) s Gen. note in Levit. 27. 2●. It is dedicated to the Lord WITH A CURSE To HIM, that doth turn it to his private use. And of this curse they have been sensible, that have turned it to such use. Observable therefore it is, that t Caiet, in Levit. 27. 28. this word, which we here translate devoted, or dedicated, signifi●s properly, destroyed, quia destructio imminet usurpan●il us illa, because destruction hangs over their heads, that usurp them. Jos. 7. 1. etc. We translate this word accuesed: and u Jos. 7. 25. ● cu●se fell upon Achan openly for meddling with the accursed or devoted silver, and gold, and a costly garment. God made A●●ma● example of his justice to all posterity, that so the dreadful end of him and all his, might strike a terror into the hearts of all covetous persons; that they meddle not with that, which is dedicated to the Lord. 5. Achans fault was, that x Ib. v. 11. he clancularily stole it, and dissembled, and put it among his own stuff. But what you do shall be in public, enacted by Parliament; and they shall not be seized to private or civil interest. Your purpose is to have them diverted, or settled upon yourselves, and your fellow Presbyters, who are no private or civil persons. Oh, no, you are the men, by whom the work of the Ministry is chiefly performed. And yet I cannot but observe, that here is a diversion; and what is diverted, runs not in the right channel, it is enforced another way. But y I. G. p. 6. this (you say) will not be to ruin, but to rectify the devotion of former ages, and turn pomp into use, and impediments into helps. There needs no proof for this, Ipse dixit, Mr. Geree hath delivered this in the Pulpit; It is enough, so it come from him, who is so well skilled in devotion, and able to rectify former ages. But I am none of your credulous followers; my faith is not pinned to your sleeve. Indeed, to deal plainly with you, I am of another mind, and suppose, I have good reason for it. 6. That revenues were very anciently settled upon the Church, can be no new thing to them, that are skilled in Counsels, Fathers, and Church History. But who were these lands settled upon? To whose trust were these committed? z Euseb. hist. l. 1. c. 35. Sozom l 1. c. 8. That Constantine settled revenues upon the Bishops, is too too evident to be denied. That the Bishops had houses and lands long before Constantine's time, is manifest by the Council of Angur, Can. 15. As also by that of a Euseb. hist. l. 7. c. 24. Paulus Samosatenus; whom the Emperor Aurelian ejected out of the Episcopal house, after he had been deprived of his Bishopric of Antioch by a Council of Bishops. b Cypr ep 56. 36 60. 61. In S. Cyprians time and writings we read that the Church was endowed with means. A little higher we may go in our own country, c Mat Westminst. An Dom 187. we find King Lucius in the year of grace 187. settling possessions upon the Church. 7. Neither were these means very small; as some conceive. d Possed, de vitâ. August c 1. S. Austin was a Gentleman well descended, and had a fair estate left him. And yet he professeth, that e Aug ep. 225. the possessions of his Bishopric of Hippo, were twenty times more than the lands of his inheritance. And yet his was none of the richest Bishoprics in afric. Such was the devotion of former áges. 8. Of these revenues the Bishops had the profits; they did f Aug. ep. 224. uti frui rebus Ecclesiae (as S. Austin speaks) tanquam possessores & Domini; they were God's trusties; and yet as possessors and Lords they disposed of the Church goods. g Possid. de vitâ August. c. 23. At his See the government of the lands and oblations belonged to him; but h Ib c. 24. to some of his Clergy he committed the charge both of the one and of the other. But so, that once a year at least, he had an account from them, as from his Stewards. i Ib. c. 25. Concil. Antioch. can. 25. At his charge, as it were, the Presbyters and other Clerks of that Church were fed and clad. Indeed k Cypr. ep. 38. & Concil. Chalced. can. 26. the lands and goods of the Church were so at the Bishop's disposing, that the Steward might not distribute any of them, as he thought meet, but as the Bishop directed him. This was not only by custom, but by Canon, that the * Concil. Anti. och. can. 25. Bishop have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 power to dispose the goods of the Church upon the needy. And l Concil. Ancyr. can. 15. if it happened, that any of the lands were alienated, or sold in the vacancy, it was in the succeeding Bishops power to ratify or make void the sale. 9 Neither did the Bishops innovate any thing therein; they followed the steps of the prime and Apostolic Church; as is to be seen Apost. Can. 41. and in the Acts. There we read, that the Christians, who were so charitably minded, m Act. 4. 34. 35. 37. & 5. ●. sold their lands, or houses, and laid the prices thereof (not at the Disciples, not at the Presbyters, but) at the Apostles feet. After this indeed n Act 6. 3. the Disciples choose out men of honest report, full of the holy Ghost, and of wisdom, that might dispose of these legacies to such, as were to be relieved by the Church Stock. But this they did not of their own heads, but at the Apostles directions, who reserved this power to themselves. The text justifies it; o Ib. Whom we may appoint over this business. So the Apostles. Hence is it, that S. Paul commanded Timothy, Bishop of Ephesus, to take care, that the Presbyters be well provided for: p 1 Tim. 5. 17. Let the Presbyters, that rule well, be counted worthy of double honour, of double maintenance. And to what purpose was this charge to Timothy, unless he were to provide for the Presbyters of his Church? I am certain, that it is most consonant to common sense, Nature, and Scripture, that q 2 Cor. 1●. 14. parents provide for their children, and not children for the parents. And is it not reason, that he, who sets the Presbyters on work, should pay them their wages? But Bishop Timothy was to set them on work; r 2 Tim 2. 2. Those things, that thou hast heard (or learned) of me, the same commit thou to faithful men, who shall be ABLE TO TEACH others. And s 1 Tim. 1. 3. charge them, that they teach no other doctrine than this. But if they do, what then? t 1 Tim. 6. 3. 5. withdraw thyself from them. That is, eat not with them, let them not come to thy table, allow them no maintenance. What counsel the Apostles gave others, without question they observed themselves. But S. Paul commands, that u 1 Cor. 5. 11. we eat not with open and notorious sinners; and S. John, that we x 2 Joh. 10. receive not deceitful Preachers into our houses. The same rule than they observed themselves. For in those times y Possid. de virâ August, c. 25. the Bishop and his Presbyters did usually live in the same house, and eat at the same table. In those times the Bishops provided for the Presbyters; but our start up Presbytery will so provide, that the Bishops shall have just nothing left them to relieve their own wants; all must be for Mr. Presbyter. 10. And why so? Because there are many z I. G. p. 6. defective Parishes in England, which want sufficient maintenance to supply their Parochial Pastors with. But from whence comes this defect, or want of maintenance? Surely not from the Bishops, not from their greediness, and wretchlessness: but from that detestable sacrilege ( a Ib. as Beza and you call it) which was by Parliament acted and ratified under the reign of King Henry VIII. At the dissolution of Abbeys the Appropriations of Tithes were taken into laymen's hands; which heretofore were appropriated and annexed to this or that particular Religious House; b Prefat. de non temerand. Eccles. Which house (according to Mr. Spelman) was the perpetual incumbent Parson of each of those Rectories, and did duly 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 Laymen have done the mischief, and purse up the profits? Dat veniam corvis, vexat censura columbas; when the Laity offends, the Clergy suffers. Is this Justice? But so the Parliament do it, it is with you c I. G p. 5. valid in Law, though injurious. But God and you are of several minds. 11. Nay, if this be done, if Bishop's lands be removed to Presbyters, d I. G. p. 6. there will be no danger of sacrilege. How prove you that? e Ib. This (say you) will not be to ruin, but to rectify the devotion of former ages, and turn pomp into use, and impediments into helps. This is somewhat like Cardinal Wolsey's pretence, who dissolved forty 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 lazy 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, f Deut. 23. 18. then by adultery. One of his Colleges dies 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 ruin 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 aught 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 guess: but to take them according to the plain and literal sense, I can make no other construction of them, than this: If the Prelate's revenues were diverted, to supply with sufficient maintenance all those Parochial 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 Grammatical sense, I appeal to any rational man. And their Essay in the Divine right of Church government, shows what their proceedings would prove. I must confess, ye have marvellously improved the impediments, and turned them into helps. For the power and Jurisdiction of Bishops, which were the main impediments to Schism and Heresy, you have covenanted to root up; and have brought in all the helps, that may be, to further irreligion, and Atheism. While the Bishops had power, heresies were rarae nantes, seldom seen, and suddenly suppressed, if any such crept in. But now they flow in by shoals, and have Pulpits and Presses cloyed with them. Does not your own Mr. Edward's profess, that never was there such plenty of Sects and Heresies? As many more in truth, as ever the Church knew in former ages. Only, as g Theod. hist. l. 3. c. 11. 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 Apostolic Doctrine. 13. Parochial Pastors are most necessary men; by them the work of the Ministry is CHIEFLY to be performed. This is true, and not true. True in the Father's sense; not in yours. h Ignat. ad Rom. p. 250. Hieron. Damas'. ep. 57 58. Basil. M. ep. 292. Cypr. ep. 3 n. 6. & ep. 38. n. 3. In the Father's sense a Pastor is a Bishop strictly so called, as by his Order he is differenced from a Presbyter; and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is no petty Country or City Parish; i Concil. Antioch can. 9 19 Christ. Justellus in cod. Eccles. univer. can. 88 it is a whole City, with the Precincts and Country adjoining, which were under the jurisdiction of the City, and repaired thither for justice, if differences arose. With them Paraecia was the same, that a Diocese is with us. So a Parochial Pastor, in the ancient and Church sense, is a Diocesan Bishop: and in this sense, the work of the Ministry is CHIEFLY PERFORMED BY THE PAROCHIAL PASTOR. This Pastor indeed can perform all Ministerial acts; divers of which are clean out of a Presbyters power. And yet you say, that by the Parochial Pastor, who is with you but a Presbyter, the work of the Ministry 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 k Tit. 1. 5. the ordering of the Church; and 2ly, ordaining of Presbyters. The chief works of the Ministry, according to St. Paul, are to ¹ regular the Church, and to ² beget those, by whom the Sacraments may be administered, 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 chiefly? What, because Presbyters offer up the prayers and supplications of the Church? Because they are the usual Preachers, and dispensers of the Sacraments? These indeed are the most usual and daily offices, and very necessary; but I dare not say, that by them these offices are chiefly discharged. What say you to that principle of reason, l That, by, or for which, any thing is made so, is more so. Propter quod aliquid est tale, illud est magis tale? Especially if it be such an efficient or ministerial 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 than doth chiefly perform the work of the Ministry. 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 several Benches. But I presume, you will not say chiefly; that you will reserve to the Parliament; since you have sworn that to be m Solemn League and Coven. n. 4. the Supreme judicatory of this Kingdom. And in this treatise you have concluded, that n I. G. p. 9 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. Chiefly, say you; only, saith your Ordinance for Ordination; wherein you make the Presbyter the only Minister. In your Solemn League and Covenant, ye resolve and vow o Sol. League & Coven. n. 2. the extirpation of Arch-Bishops and Bishops. And in both ye lay the whole work upon the Presbytery; as if they were the men, that could discharge all sacred and Ministerial duties. No such matter; the contrary is manifested. Can any man imagine, that a common soldier, or an ordinary mariner, doth perform the chief work in an army, or ship, because they take the greater toil to the outward eye? No, no; it is the Pilot in a Ship, the Colonel in a Regiment, the Admiral in a Navy, and the General in an Army, that discharge the chief duties. Without these there would be wise work by Sea or Land. Ev●ry one, that can pull a gable, or manage an oar, is not fit to be a Pilot. Every man that can and dare fight, and charge p I. D. with courage, is not fit to be a Commander. But the Church is both a ship, and an army. And I dare say, that every one, that can talk lavishly, or make a rhetorical flourish in the Pulpit, is not fit to be a Bishop, or Governor, in the Church of Christ. And yet q Tit. 1. 5. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for this cause left I thee in Crect, that thou shouldest set in order the things, that are wanting, & ordain Presbyters in every City. These are the duties of a Bishop; without which the Church will suddenly be out of frame, and crumble into nothing. 16. In a ship, or regiment, no man comes to sit at the stern, no man attempts the chief command, the first day; if he do, both ship and regiment suffer for it. No; they are trained up in their several professions, and by degrees they rise till they come to the highest. Thus was it in the ancient, and thus is it in the present Church. If any be suddenly raised to a Bishopric, it is seldom for the good of that Diocese. 17. But you and your fellow Presbyters want congruous and sufficient maintenance; down therefore must the Bishops; and their Revenues must be divided amongst such good Pastors, as you are. The Levellers doctrine right; the Nobility and Gentrey have too much, & the godly of the land to little: all therefore must be shared, that Jack and Tom may have a congrurus maintenance. If the great men of the Land will not yield to this, the Parliament shall be garbled, the Nobility and Gentry shall be turned aside; and then look for a new Covenant, and a fresh extirpation. Duke's descend from profane Esau; Marquesses, Earls, Viscount's, &c. are but heathenish titles, invented by the children of darkness, and the children of light defy them. What? Are we not all Adam's sons? Are we not brethren in Christ? Is it not fit, that we should all have share, and share like, as had the children of Israel in the land of promise? As long as the Church only was struck at, it was well liked of; but now patience perforce, we must be leveled both in Church and State. We shall find, that there is such a sympathy between them in all Christian Commonwealths, that they stand and fall, swim and sink together. 18. What? talk we of Levelling? That is enough to destroy the State and face of a Kingdom. But in your project there will be no danger. How? No danger? No danger, (say you) of sacrilege. No danger in the subversion of the Church? Surely this must be ruin to Episcopacy, and consequently to the Church. For no Bishop, no Church. r Cypr. ep. 37. n. 1. Ecclesia enim super Episcopos constituitur; for the Church is founded and settled upon Bishops. So S. Cyprian. Think not, that we exclude Christ. Christ it is that laid the foundation, and settled the Church so. And it is not for man to unsettle it, or to lay another, a new foundation. For other foundation can no man lay, then that is laid by Jesus Christ. But s Ephes. 2. 20. we are built upon the foundation of the Apostles and Prophets. And Bishops and Apostles, are of the same order; they are one and the same. t Cypr. ep. 65. n. 3. Apostolos, id est, Episcopos & Praepositos Dominus elegit. So S. Cyprian, the Lord made choice of APOSTLES, THAT IS OF BISHOPS & Prelates. When therefore our Saviour founded the Church upon the Apostles, he founded it upon Bishops. Who dare then after this foundation? He that endeavours it, doth not build, but destroy the Church. 19 Is there no danger of sacrilege in robbing father and mother? The Bishop your father, and the Church your mother? For as in the Church you were born anew of water and the Holy Ghost; so if you be a Presbyter, as a Presbyter you have your being from a Bishop; or else you have no such being. But you return, that ye rob not the Church: for you intent, that these revenues shall be settled upon Churchmen; that is, upon Presbyters. Suppose, you rob but one, but your Father, the sacrilege is detestable. For doth not the Lord say, u Prov. 28. 24. Who so robbeth his father, or mother, and saith it is no transgression; the same is the companion of a murderer. But to make the sacrilege more odious, I shall manifest, that ye have not only robbed your Father, but your Mother also. The Bishop your father is the husband to his particular Church; If then you rob him of his means, who will succeed in his room, and become an husband to that Church? For though there be a thousand Presbyters in a Diocese, yet, x Concil. Chalced. can 25. if she be without a Bishop, that Church is a widow. So that great Council of Chalcedon. Thus ye rob the Bishop of his means, & that Church of her husband. And wile a widow, she can bring forth but a bastard brood. Consider that. 20. Upon these motives I must tell you, that if his Majesty shall gratify either the Parliament, or the Assembly, in the abolition of Episcopacy, and in sacrificing the Church-lands to your, or their sacrilegious avarice, it will be such y A work, for which following generations should not need to pity the King, as put upon it by misfortune: but rise up, and call him blessed, whose many other disasters ended in so good, and so useful a work. I. G. p 6. a work, for which following generations shall have just cause to pity, & lament him, that so good a man should either be cheated, or enforced into so foul a sin. His children and the whole Kingdom would rue it; and the generations to come (unless the world turn Presbyterian) will speak of Him as of King Henry the eight: with this difference, that King Henry wilfully plunged himself into this sin, and King Charles was driven into it by an Atheistical and bloody faction. But I am confident, his Majesty is seasoned with better principles; he knows, it was z 1 Sam. 15. 24. no excuse for Saul, to confess, that he had sinned, because he was afraid of the people, and obeyed their voice, not Gods directions. a Ib. ●. 26. This King knew God's Word, & rejected it; God therefore rejected him from being King, and his seed from the throne. A lamentable case, to be frighted by a multitude, out of God's favour, and the Crown. But I hope, you have no Saul in hand: Our good Kings Crown you may cause to totter, but not his resolution. Ye may, and have robbed him of his Prerogatives, revenues, and liberty: but you cannot imprison, or force his conscience, that will enjoy her ancient privileges, & freedom; and these disasters shall end in a Crown of glory. His memory shall be honoured in our Annals, and his posterity flourish in these thrones. Amen, Amen. CHAP. XVI. How far forth the King ought to protect the Church and Bishops. 1. IT is confessed to my hand, that b You see the engagement put upon the King, is but to his power: as every good King ought inright to protect and defend the Bishops & Churches under their government. I. G p 8 the King is engaged to his power, to protect the Bishops, and their privileges; as every good King ought in right to protect & defend the Bishops & Churches under their Government. Reason requires no more; and Religion requires so much. For by that God, whom we serve, Kings are made Guardians, and c Isa. 40. 22 nursing fathers to the Church; and by the same God this engagement is put upon them. Not by man, not d I answer from the expressions in the Oath itself, a● they are set down by the same author. I. G. p. 8. by the Author, as you seem to intimate; nor yet by the Bishops. One of the Bishops indeed, in the behalf of his brethren, and the whole Clergy, humbly beseecheth his Majesty to protect and defend to them, and to the Churches committed to their charge, all Canonical privileges, and due Law and Justice. The King with a willing and devout heart premiseth, to be their protector, and Defender to his power, by the assistance of God. And afterwards at the Communion table, he makes a solemn Oath, upon Gods own book, to observe the Premises. This engagement than is not put upon the King, but with a willing heart he takes it upon himself; acknowledging that he ought to do so, if he be a good King. Yea, (saith Sir Edward Coke) e Sir Ed. Coke proem. in Mag. Chart. the King is bound and sworn to the observation and keeping of Magna Charta. His Majesty then is but entreated to do, what he is sworn and bound to do. And since sworn and bound, he may not with a safe conscience give them up to the f Psal. 80. 13. wild boars of the forest to root up the plants, or suffer the wild beasts of the field to devour this Vine, g Ib. v. 25. which the Lords right hand hath planted. 2. That h Such power is no further, than he can do it, without sinning against God, and being injurious to the rest of his people. I. G. p. 8. the King is bound no further to exercise his power in the protection of the Church, than he can do it without sinning against God, is most undoubtedly true: and it were not the part of a Christian to desire more. For we know, that i Rom. 13. 1. 4. the King receives his power from God, which is to be used, not against, but for God. Not to protect the Church to his power, is to break his Oath, it is to desert that trust which God hath committed to his charge: and is not this to sin against God? In the discharge of this duty, he is so far from being injurious to the rest of his people, that if he should forbear it, it would prove the greatest mischief, that can be imagined, to his people, and to their posterity, in their souls, in their estates; and a perpetual infamy to this Nation. I need not prove it now, it is already done, Cap. 8. Sect 10. 11. etc. 3. That k When he hath interposed his authority for them, and put forth all the power he hath to preserve them: he hath gone to the extent of his power, and as far as good Kings are bound in right. I. G. p. 8. his sacred Majesty hath interposed his Authority for the Bishops, & put forth all the power he hath to preserve them, is that which vexeth your confederacy. And yet you cannot deny, but that every good King is bound in right to do so. What we ought to do, is our bounden duty; and what we do in right, is justly done. Oh, that this had been done in the right time. Indeed he is not only bound, but he finds it more than necessary to protect and preserve them; for in protecting them, he protects himself, his throne, and his posterity. Alas, he was struck at through the Bishop's sides. His wise Father descried this long since, l Confer. at Hampt. Court. p. 36. No Bishop, no King. What the Father spoke, his Son our good King hath found true by woeful experience. His Crown hath sunk with their Mitres. 4. Well, by your own confession, what our gracious King hath done, is right, and what good Kings are bound to do, to the extent of their power. Thus our good King is justified by his enemies, as m S. Mat. 27. 4. our Saviour was by Judas. If his Majesty have endeavoured to do that, which is right, what are they, that have hindered him from doing it? Have not they done wrong? How can they excuse themselves before God or man, that have so manacled our betrayed Sovereign, that he cannot do, what good Kings are bound in right to do? Is this to be good? Is this to be just? Then have all the Saints of God been utterly deceived. 5. n If after all this he must let them fall, or support them with the blood of his good Subjects. I. G. p. 8. If after all this He must perforce let the Bishop's fall; you and your Schism have much to answer for, that have driven him to this necessity. You seem to pity his good subjects, who with their blood have endeavoured to support Episcopacy. Their swords were not drawn to maintain this Government, or the Religion established; they never learned to fight for Religion. What they did, was done in submission to his Majesty's just commands, and to manifest their allegiance. But if these be good; that have endangered their lives to uphold Bishops, what are they, I beseech you, that have spent their blaod to root them out? Surely in justifying the former, Mr. Geree hath condemned the latter; and when the wasps find it, he must look to his ears: 6. I must confess, it is an hard case for one man to o And those unwilling too, to engage their lives for the other privileges. I. G. p. 8. engage his life for the maintenance of other men's privileges. But who did so? Not a man engaged himself; but the King's command, the Oath of Allegiance, and the Laws of the Land engaged every good Subject, to assist his Sovereign to the utmost. The King, according to his Oath, endeavoured to maintain the Laws of the Land, to protect the Members of both Houses driven from Parliament, to support the Bishops; and to suppress those seditious and sacrilegious persons, which plotted and covenanted the ruin of Religion, root and branch. Though much the greatest part of the Nobility, Gentry, and learned in the Law, were deservedly moved to see Majesty dethroned and blasphemed; Religion spurned at, and vilified; the Fathers of the Church scandalised, and persecuted; the Laws of the Kingdom, and liberties of the Subject slighted, and trampled on; yet not a man of these took up the Sword, till he was commanded by him, to whom the Laws of the Land, and the Word of God have committed the power of the Sword. This may not be called backwardness, or unwillingness, but pious discretion, which ever waits upon the Sovereign's call. When therefore His Majesty had set up his Standard, I may truly say, p Jud. 3. 9 the governors of our Israel offered themselves WILLINGLY among the people; they did the King service to the utmost. Had there not been a backdoor to let in a foreign Nation, to divide the King's forces; had not some of q Nehem. 6. 17. 18. 19 the Nobles of Judah conspired with Tobiah, held intelligence with him, and acquainted him with Nehemiahs' secrets, there never had been so many Thanksgiving days, nor so much boasting, that God prospered the cause. God suffered David his own chosen servant, his anointed, and a man after his own heart, to be hunted as a Partridge upon the mountains, to be frighted from his throne, and to live like a forlorn man; and yet in his good time he restored him to his Sceptre in peace, and subdued the people to him. 7. And whereas you term them others privileges, as if they concerned no man but the Clergy; I dare boldly say, they concern every man, as he is a member of this Church and Realm. r 1 Cor. 9 11. If we have sown unto you spiritual things, is it a great matter if we reap your carnal things? And if we reap not your carnal things, how shall we sow unto you spiritual things? This is worthy of consideration; unless you have laid aside all care of the soul. Have we some privileges, that the Laity have not? They are not ours alone; they are every man's, that enters into Orders. And Orders are indifferently proposed to all, of all families whatsoever, so they be sufficiently qualified. High and low, noble and ignoble have reaped the benefit of these privileges. I have known some of high birth in Orders; and some of good rank, that have taken Sanctuary under a Priest's coat. And we read of s jud. 17. 7. a young man of the tribe of Judah, of the most remarkable family, that was glad to turn Priest, and to t Ib. v. 10. serve by the year for ten shekels of silver, a double suit of apparel, and his victuals. If then our Calling suffer, all families suffer in it, and with it. 8. But what if the Laws of the Land, what if Magna Charta do oblige all men to stand up for the due observation of these privileges? If so, then must every man readily acknowledge, that all good Subjects are bound to obey His Majesty, when he commands that, which the Law requires. View we then the words of that Great and justly magnified Charter, which are these. u Mag. Charta c. 37. Reserving to all Archbishops, Bishops, Earls, Barons, and all persons, as well Spiritual as Temporal, all their liberties, and free customs, which they have had in times past. And all these customs and liberties aforesaid, which we have granted to be holden within this our Realm; as much as appertaineth to us and our Heirs, we shall observe. And ALL MEN of this our Realm, as well SPIRITUAL AS TEMPORAL (as much as in them is) SHALL likewise OBSERVE THE SAME, AGAINST ALL PERSONS. Mark that: are we not all, both spiritual and temporal, bound to maintain each others privileges, as much as in us lies? 9 I know, you will return, that Abbots and Priors are provided for by the same Law; and yet they have since been taken away by Act of Parliament. I confess it: but I shall desire you to observe in the first place, how they prospered, that were the contrivers and procurers of that Act. 2ly, I cannot but take notice, that you with your Master Beza call that dissolution x I. G. p. 6. ● detestandum sacrilegium, detestable sacrilege, and such as was cried out of all the Christian world over. It is not therefore to be drawn into precedent. 3ly, consider, I pray you, that y 25. Ed. 3. they who did so, are styled Enemies of our Sovereign Lord the King▪ and his Realm. 4ly, that great * Concil. Chalced. can. 24. Council of Chalcedon, consisting of above 600. Bishops, resolves, that no Monastery, consecrated with the Bishop's liking, may be turned to a secular dwelling. And those that suffer any such thing, are liable to the Canonical censures. 5ly, you will, I hope, make a difference between our Saviour's institution, and man's invention. Bishops are of our Saviour's own institution, but Abbots and Priors are titles and orders of man's invention. And yet z Statut. de provisor. 25. Ed. 3. hospitality, and alms, and other works of charity, for which these fraternities were erected, failed much with them. How those means were employed, I shall not inquire; but I am certain, that good and pious men have wished, that the abuses had been pruned off, and that the lands had been disposed of according to the Doners intentions. This indeed had been piety, not sacrilege. 10. How oft have the Kings of this Realm engaged themselves to observe Magna Charta, and to maintain the rights and liberties of the Church? Are not these the words of the Statute, a Stat. of the Clergy. 14. Ed. 3. 1 We take the Prelates and Clergy with their possessions, goods, and chattels INTO OUR SPECIAL PROTECTION AND DEFENCE? The Princes of this Land have bound themselves strictly to keep this Great Charter; and have provided, that if any other shall do, or procure to be done, any thing contrary to this Charter, it is to be accounted void, as soon as procured. Take the words of the Charter. b Mag. Charta. c. 37. We have granted unto them (the Spiritual and Temporal persons of this Realm) on the other part, that neither we, nor our Heirs shall procure, or do any thing, whereby the liberties in this Charter shall be infringed, or broken. But suppose, they shall make any such grant through ignorance, wilfulness, or evil counsel, shall it be of force? The Law saith, no. For it follows immediately; c Ib. And if any thing be procured BY ANY PERSON contrary to the premises, it shall be holden OF NO FORCE, NE EFFECT. You and your great contrivers, what have ye laboured for, all this while? What have ye fought for? what have ye shed so much blood for? For wind, nothing but wind. For all the Westminster Orders and Ordinances contrary to this Charter, shall be holden of no force, ne effect. You had best then keep your paper for a more necessary use. 11. And yet you tell his Majesty, that d I. G. p. 8. it is not equal to engage the lives of some to uphold the honour of others. Is it equal then, I beseech you, to engage the lives of some, to destroy the honour and estate of others? All this while you have been on the destructive part, all for rooting up, what the Lords right hand hath planted, and for alienating the Lords inheritance. And that ye might effect, what ye have subtly projected, ye have engaged the lives of many, who were very unwilling, to uphold the honour of some at Westminster, that had overlashed, & ran themselves upon dreadful rocks. I would to God, the Commons of this Kingdom would lay it to heart, how e That were to be cruel to many thousand, to be indulgent to a few, I. G. p. 8. cruel ye have been to many thousands to be indulgent to a few, to uphold the honour of a few. Consider, how many thousands in England and Ireland have been plundered, sequestered, imprisoned, maimed, and murdered, because they would not submit to the illegal, unjust, and irreligious decrees of the men at Westminster. A complete Mercurius Rusticus will make after ages stand amazed, and their hearts bleed within them, to consider, that such a Nation as this, so blessed with peace and plenty, should be so miserably deluded, as to undo themselves wilfully, and sheathe their swords into one another's bowels, to save a Lord and five Members from trial by Law. 12. That you may persuade us, some way or other, that the King ought to give up the Bishops, and their lands, since he hath hitherto protected them to the utmost of his power, you argue by supposition. f I. G. p. 8. Suppose (say you) a King put a Commander into a City, and give him an Oath to maintain the privileges of it, and keep it for him to his power: and this Commander keeps this Town, till he have no more strength to hold it, unless he force the Townsmen to arms, against the privilege, which he hath sworn to maintain. Well, what then? If this Governor now surrender this Town upon composition, doth he violate his Oath? Thus far Mr. Gerees question: what think you of it? What any man thinks, is no matter; g I think, none will affirm it. I. G. p. 9 Mr. Geree thinks none will affirm it. And I think, there be many, that will affirm it; and I am one of that number. Good Lord, to see, how Mr. Geree and I differ in opinion! His is but thought without proof, but I shall give you reason for what I think, and say. 13. If this Casuist speak to purpose, as he ought, he speaks of a King of this Realm; and no town within this Realm hath any such privilege, as not to bear arms against the King's enemies; or not to keep it for his Majesty, to the utmost of their power. The reasons are these: First, h Mag. Charta, c. 37. 38. these are the King's Dominions and Countries. 2ly, These Towns and Cities are part of these Dominions. 3ly, The inhabitants and Citizens thereof are his Majesty's subjects. 4ly, i Sir Ed Coke in Litleton. l. 2. Sect. 139. All lands and tenements are holden either mediately, or immediately of the King. 5ly, This City or Town is the Kings; otherwise how could he put a Commander into it, and give him an Oath to keep it for him? I speak of Towns within these his Majesty's Dominions, which in all writings are called the King's Cities, Counties, and Towns. 6ly, It cannot be imagined, that the Kings of this Realm would grant any privilege destructive or dangerous to their own safety. And we must take notice, that k Sir Ed Coke in Mag. Chart. c. 1. All Liberties at the first were derived from the Crown. Add hereunto the several Acts of Parliament, wherein l Statute of Armour. 7. Ed. 1. & 1. Eliz. 3. the Peers and Commonalty confess themselves to be bound, and make faithful promise, to aid their Sovereign at all seasons; as also to assist and defned his, or their, rights, and titles, to the utmost of their power, and therein to spend their bodies, lands and goods, against ALL PERSONS, whatsoever. But new Lords, new Laws; and these Statutes are out of date. 14. By this time, I hope, you see, that no townsmen have any such privilege, as to refuse to bear arms in the King's behalf. But they are bound by their allegiance, and the Laws of this Land to keep those Towns for his Majesty, & to defend them with all their might against his foes. If then the inhabitants shall be backward, the Commander ought to force them to arms: and if he do it not, he violates his Oath, and the Townsmen their fidelity. And now you may tell your friend, that helped you to this supposition, that he is no skilful Apprentice at Law. If then m Such is the case with the King in this particular. I. G. p. 9 the King's case be such in this particular, his Highness may not recede from his Oath, nor do any thing contrary thereto. 15. Though this may seem reasonable to sober men, yet n I. G. p. 9 the only objection (as you conceive) which lieth against this, is; that though it be not in the King's power to uphold them, yet it is in his power not to consent to their fall. Though this be not the only, yet is it a just objection, or rather a resolution; which being rightly hearkened to, will preserve the King from sin in this particular. For how ever you are so uncivil with his Majesty, as to call it o If the King should be peremptory in denial, what help would this be to them? Such peremptoriness in this circumstance might in danger his Crown, not save their Mitres. I. G. p. 9 peremptoriness in him to deny assent to the fall, or abolition of Episcopacy; yet such as are learned to sobriety, know this to be Christian prudence, and true fortitude, p S Mat. 10. 28. not to fear them, that can imprison him, that can rob him of this earthly Crown, and slay his body, but to stand in awe of him, that can slay the soul, that can deprive him of his heavenly Crown, and cast him into the infernal pit. Oh, q Hebr. 10. 31. 'tis a fearful thing to fall into the hands of the living God; we are not therefore to be threatened, or frighted into sin. These things you can press violently in the Pulpit, but now you are beside both Pulpit and text, beside modesty and truth. It is Justice, Religion, and courage, not peremptoriness, to deny the least assent to sin. That it is sin to yield to, or confirm the abolition of Episcopacy, is already manifested C. 4. 6. Since it is to destroy an Ordinance of Christ; which cannot be done without sin. 16. However than he may endanger his own Crown, not save their Mitres, yet he shall be sure, by denying assent, to save his own soul: for r Vsque adeò peccatum voluntarium malum est, ut nullo modo sit peccatum, si non sit voluntarium. Aug. de vera Relig c. 14. without consent no sin; and without sin no damnation. s Deut. 22 26. A woman ravished is free from fornication, because she assents not, but is really enforced; and yet t Ib. v. 25. he, that commits that sin upon her, must die for it. This is the King's case right: if he yield not, this is a rape upon his power, no sin in his person, since no assent. Hence is it, that Idolatry and Oppression in Scripture are charged upon Kings; because their assent makes a Law. Without the King's affirmative every Ordinance imposed upon the people is not Law, but Tyranny; since it is not legal, but arbitrary. Our brethren of Scotland say as much. Take their words. There can be no Law made, and have the force of a Law without the King. Declaration of the Kingdom of Scotland. p. 19 17. That t Though it be in his power to deny assent to their abolition, in a natural sense, because Voluntas nonpotest cog●; yet it is not in his power in a moral sense, because he cannot now deny consent without sin. I. G. p. 9 it is in his Majesty's power, or not in his power to deny assent to the abolition of Bishops, is most certainly true. But we must learn of you to distinguish between a natural and a moral sense▪ and then we shall find both true, that he can, and he cannot deny consent. In a natural sense he may, but in a moral sense he may not. In a natural sense he may; because the will cannot be enforced. In a moral sense it is not in his power; because he cannot now deny consent without sin. So it is, and it is not in his power, or rather as S. Austin speaks, u Aug. de Fide cont, Manish c. 9 In potestate est, quod in voluntate esse non debet: That is in our power, which ought not to be in our will; x Hoc habemus in potestate, quod cum volumus, possumus. Aug. cont Maximin. l. 3. c. 14. The King than hath it in his power to yield, or not to yield; because he may do, which he pleaseth. The book of God stands by, and adviseth him to do that, which is right in the sight of God, proposing blessings if he do so; and menacing curses, if he shall do any thing contrary to Gods revealed will. And all this while it doth but instruct & persuade him to do, what he ought and may, when he will. This then being in the King's power, he must take heed, he incline not to sin. 18. I cannot but resolve, that to forsake the natural sense, if good, is to be unnatural. To renounce the moral sense is against good manners, and the moral Law. If therefore both senses may be kept, we are to preserve them both safe. With confidence therefore, I speak it, that it is not only in his power, but * Far are we from taking away his Negative voice. Exact Collect, of Remonst, & Declarat, p. 727. it is his duty to be Master of his negative voice, and to deny consent. If he deny consent, he does his duty, & observes his Oath. If he yield assent, he breaks his oath, and fails of his duty. And this will prove no less than sin. I have already demonstrated, that Episcopacy is agreeable to the word of God, and that it is the Institution of Christ himself. It is sin therefore to abolish it, or to consent to the abolishing thereof. You neither have, nor can justify the contrary out of holy writ, or from the ancient and Apostolic Church. And yet the Observations upon the Ordinance for Ordination have been extant in Print above these three years. But you and your Assembly Rabbins take no notice of it, because you have not what to say against it. 19 But though you have neither Scripture, Counsels, nor Fathers, for the abolishing of Episcopacy, yet you have reason grounded upon policy, to work his Miajestie to yield to this abolition. For (say you) he cannot now deny consent without sin. It seems then, he might, without sin deny consent heretofore: but not now. And why not now; as well as heretofore? Because (say you) x I. G. p. 9 if he consent not, there will evidently continue such distraction and confusion, as is most repugnant to the weal of his people; which he is bound by the Rule of Government, and his Oath to provide for. Thus sin shall vary at your pleasure: sin it shall be now, that was none heretofore. That shall be sin in King Charles, which was virtue and piety in Queen Elizabeth, and all their religious ancestors. 20. y Rom. 4. 15. Where no Law is, there is no transgression. Before than you prove it to be a sin, you must prove it to be against some Law either of God or man. Not against the Law of God; that's already proved. Not against the Law of man; since no man can sin against that Law, to which he is not subject. * Declarat. of the Kingd. of Scotland. p. 19 The Laws are the Kings; he gives Laws to his subjects, not his subjects to him: and we know no Law of his against Bishops. Indeed the Laws of this Land are so far from the extirpation of Bishops, that z Lexterrae. p. 14. the fundament all Law of this Kingdom approves of them. They then that are enemies to Bishops, are enemies to the fundamental Law of this Kingdom. And what is fundamental, is in and of the foundation. If then a Law be made to extirpate Bishops, it grates upon the foundation, it is against the fundamental Law of this Realm, & it contradicts that Law of Laws, the word of God. Besides, we are assured by that learned in the Law, Justice Jenkins a Ib, p. 29. that it is against the King's Oath, and the Oaths of the Houses, to alter the Government for Religion. But an alteration of this Government, must necessarily follow upon the abolition of Episcopacy. Yea with Bishops, not only the Church and Religion will be ruined, but the very Government and Laws of the Kingdom will be so confounded, that the learned in the Law will not know, where to find Law. They must burn their old books, and begin the world upon the new model. All this will amount to no small sin; it will be to the shame of this Land; to the ruin of those two noble professions, Divinity and Law; and to the common misery of the people. 21. These reasons premised, I shall justly return your own words upon yourself, in this manner. It is not in the King's power to consent to the abolition of Episcopacy, because he cannot now yield consent without sin. For if he consent, there will evidently follow such distraction and confusion, as is most repugnant to the weal of his people; which he is bound by the Rule of Government, and his Oath to provide for. I say so, and true it is; because it is evident to every discerning eye, that there are as many, and those more considerable, that are cordially for Episcopacy and Common Prayer, as are against them. Indeed they are not so factious, so mutinous, and bloody as the other. What multitudes are there in this Kingdom, that mourn and grieve to see Religion so oppressed, so trampled on, and almost breathing out her last? In truth it is palpable, that these seditious and irreligious courses have engendered, and propagated, and will continue such distraction and confusion in Church and State, as is most repugnant, not only to the present, but to the eternal wedl and salvation of his people: both which he is bound to provide for, but more especially for the later. 22. And whereas you say, Such distraction and confusion will continue, unless Episcopacy be abolished; if seems, you are resolved to continue these distractions. But, God knows, and your words testify, that it is not the calling or the office of a Bishop, that is offensive; it is b I hope they will not be so tenacious of their wealth and honour, as to let the Crown run an hazard, and endanger the whole Land. I. G. p. 5, their honour, and their wealth, which you aim at; c That the revenues be divided to maintain a preaching Ministry. I G. p. 4. these, with their revenues must be shared amongst you of the Presbyterian faction; and then all shall be well. Till than we must look for nothing but fire and sword. Hence it evidently appears, that neither Episcopacy, nor the King's dissent, but your ambition and avarice have been the true cause of these distractions and combustions. d Num. 16. 2. Such a sedition as this there was in the time of Moses about the Priesthood; because every man might not sacrifice, as, when, and where he pleased. Because Corah might not wear a Mitre, and go into the most holy place, as well as Aaron. And yet who dares say, that the Priesthood was the cause of those uproars? 23. That insurrection was against Moses and Aaron, against Prince and Priest: but against the Prince for the Priest's sake; because the Prince would not endure, that every one should meddle with the Priest's office, or strip him of his means and honour. That conspiracy was linsey-wolsey, loomed up of Clergy and Laity. Korah, the son of Levi was the ringleader; and c Num. 16, 16. 17. 35. with him two hundreth and fifty of his own Tribe. To these were joined f Ib. v 2. Dathan and Abiram, great Princes, and men of renown; such as were eminent in blood, and of the tribe of Reuben. And was not the cry the same then, that is now? g Ib. v. 3. Moses and Aaron, Prince and Priest, ye take too much upon you, seeing all the congregation is holy, every one of them, and the Lord is among them; Wherefore then lift ye yourselves above the congregation of the Lord? The Prince and Priest did but their duty; and yet are obbraided with pride. God raised them to their places; and they are charged to raise themselves. But Moses justly retorts upon them, what they had falsely cast upon him; h Ib. v. 7. Ye take too much upon you, ye sons of Levi. What? i Ib. v. 9 10. Is it not enough for you, that God hath separated you from the multitude, that he hath taken you near himself, to do the service of the Lords tabernacle, but you must have the Priest's office? But you must be k Ib. v. 40. offering incense, as well as the High Priest? The Priest of the second Order would needs be equal with the chief Priest, the Priest of the first Order. And is it not so now? Have we not just cause to say to you, Ye take too much upon you, ye Presbyters, ye sons of Bishops. What? Is it not enough for you, that God hath separated you from the multitude, that he hath taken you near himself, to do the service of the Lords house, and to administer the Sacraments; but you must have the Bishop's office? But you must be giving Orders, as well as the Bishop? Surely this is to assume that power to yourselves, which God never committed to any Presbyter, while a Presbyter. 24. Last of all, I cannot but observe, that when the Lord had punished these schismatical and seditious persons, l Ib. v. 42. the tumult ariseth afresh against Moses and Aaron; they cry out upon them as m Ib. v. 41. murderers, as if these two had slain the people of the Lord: for thus they call that factious and damnable crew. But the Lord decided the controversy, and showed manifestly, who were His; first n Ib. v. 49. by consuming the mutineers with the plague; and secondly, by causing o Numb. 7 8. Aaron's rod, when it seemed to be quite dead, to revive, even to bud, and blossom, and bear fruit in the Tabernacle. p Ib. v. 10. Thus the mouths of the rebellious Children were stopped, and God's Ordinance justified. q Psal. 54 7. Oh, that salvation were given unto Israel out of Zion: Oh, that the Lord would deliver his people out of Captivity. Oh, that we might see Aaron's rod once more bud, and blossom, and bring forth Almonds. r Ib. v. 8. Then should Jacob rejoice, and Israel should be right glad. CHAP. XVII. Whether there be two Supremacies in this Kingdom. 1. IN this Treatise s That was to set up t●o Supremacies. ay, G. p. 3. you blame those, that seem to set up two Supremacies; and yet you cannot see the same beam in your own eye. You are of kin, sure, to those Lamiaes, those witches, that were blind at home, but quicksighted abroad. Thou, that findest fault with another, dost the same thing. For do not you say plainly, that t I. G. p. 9 there's a Supremacy in the King, and a Supremacy in the Parliament? I hope, you know your own language. Clodius accusat. It is an usual thing for your confederacy, to charge the King and his good Subjects with that, which yourselves are either guilty of, or intent to induce. 2. What, two Supremacies, two superlatives, at the same time, in the same Kingdom? Is this possible? What, because there is summus and supremus; because there are two superlatives of the same word, shall we therefore have two Supremacies in the same Realm? Is not this flatly against the Oath of Supremacy? Wherein you, and I, and your great Patriots, have sworn, that the King's Highness is the ONLY SUPREME GOVERNOR OF THIS REALM, and of all other his Highness' Dominions and Countries. But the King hath been so long out of your eye, that he is now out of your mind, and the Parliament shall at least be his corrival in the Supremacy. Take heed, take heed of perjury. I can tell you of several Acts of Parliament since the Reformation, that u 3 Eliz. 9 etc. lay a penalty of forty pounds, upon every particular perjury. If His Majesty had all these forfeitures, they would satisfy his debts, and make him a glorious King after all these pressures. 3. But you clip His Majesty's wings, though ye make him fly; and tell us, as x That the Supremum jus dominii, even that, which is above all laws, is in the King, which, under favour, I conceive, in our State is a manifest error. I. G. p. 9 you conceive, that the Supremum jus Dominii, the supreme right of Dominion, which is above all Laws, is not in the King. To say it is in him, is in this, in our State a manifest error. Why, what's become of the Oath of Supremacy? Have we forgot that? Was not that provided for this State? In our State this is no error; in yours it may be; or else you are in a manifest error. Certainly the members have sworn, that the King is the ONLY SUPREME GOVERNOR OF THIS REALM, or State. And that he is so, as well IN ALL Spiritual or Ecclesiastical things, or causes, as Temporal. If He be the only Supreme, how shall we find another Supreme, or an equal to him within his own Dominions? If He be so in all things and causes both Ecclesiastical and Temporal, what thing or cause is there, wherein he is not the only Supreme; or wherein he hath any other Supreme joined to him? For certain, these particles Only and All, are exclusive of any copartner. 4. But you will chalk out a way, whereby to elude, or avoid this Oath, and the restrictions therein. There's a supreme Parliament, as well as a supreme King. Or, a Supremacy is in the Parliament, and a Supremacy in the King. An excellent Arithmetician, he hath learned to multiply; of one, and one only, he hath made two. Thus have they raised division out of unity: and from hence are these distractions and divisions, which are so repugnant to the weal of the people. This is one of their new lights, which is borrowed from their multiplying glass, that makes a molehill as big as a mountain, and a Spider as large as a Sea-crab. But when the multiplying glass is laid aside, the spider will be but a spider. 5. Well, let us see, how you make good this twofold Supremacy. y I. G. p. 9 The Supremacy, or the Supremum jus Dominii, that is over all Laws, figere or refigere, to make, or disannul them at pleasure, is neither in the King, nor in the Houses apart, but in both conjoined. Here than we are fallen back to one Supremacy. And this Supremacy is not the Kings only; but it is the Parliaments, as well as his. This is to skip from Monarchy to Aristocracy. Kingdoms endure no corrivals; and z Rex non parē habet in regno suo. Bract. temps. el. 3. l. 4. c. 24. Sect. 5. Kings have no Peers. But this man hath found one thing, wherein the King hath Peers; and consequently is not the only supreme Governor of this Realm. Strange, how that Parliament, and all since that time have been so mistaken, as not to see their own right, but to ascribe all to the King; and that in a point of so high concernment. Surely they wanted this young Preacher, to bring them in a new light. But I believe, it will appear, that the Supremacy over all Laws to make, or disannul them, is in the King alone, at the Petition of both houses: and that those Parliaments knew full well. 6. For satisfaction in this point I shall observe, what Scriptures, Fathers, and some modern writers have resolved concerning Kings. S. Petter plainly and fully a 1. S. Pet 2. 13. 14. ascribes Supremacy to the King. Submit yourselves (saith he) to every Ordinance of man for the Lords sake: Whether it be to the KING, as SUPREME; or unto Governors, as unto them, that are sent by him. King's are sent by God; to them therefore we submit for the Lords sake. All other civil Governors are sent by the King; to them therefore we submit for the King's sake, that sent them. Answerable hereunto are those passages in Tertullian, that b Tertul. ad Scap. c. 2. the Emperor is homo a Deo secundus, & solo Deo minor, c Tertul. Apol. c. 30. in Dei solius potestate, a quo secundus, post quem primus, the man second to God, and less than God only. That he is in the power, or under the Command of God only; from whom he is the second, and after whom he is the first. Optatus says as much; d Optat. l. 3. Super Imperatorem non est nisi solus Deus, qui fecit Imperatorem; There is none above the Emperor, but God alone; who made him Emperor. And what the Emperor was in the Empire; the same is the King of England within his own Dominions. For e 16. Rich. 2. 5. the Crown of England hath been so free at all times, that it hath been in subjection to no Realm, but IMMEDIATELY SUBJECT TO GOD, AND TO NONE OTHER. Hence is it called f 24. Hen. 8. 12. & 1. Eliz. 1. an Empire; and g 1. Eliz. 1. the Imperial Crown of this Realm. 7. The Greek Commentators are so full for obedience to Kings, that h Chrysost. Theodoret. Theophilact. Occum. in Rom. 13. 1. they will not yield, that an Apostle may be freed from this subjection. This doctrine S. Paul justifies; i Act. 25. 10. I stand (saith he) at Caesar's Judgement seat, WHERE I OUGHT TO BE JUDGED. And after this appeal he resolves, that k Ib. v. 11. no man, not the Precedent himself, may judge him, or deliver him to be judged by any other. Nay after this the Precedent himself might not release him. So King Agrippa, l Act. 26. 32. Had not this man appealed to Caesar, he might have been set at liberty. Are not these strong evidences of the King's Supremacy? That learned Grotius gives a sure rule, whereby to know, on whom the Supremacy is settled. m Hug Grot. de Jure belli l. 1 c. 3. Sect 7. That (saith he) is the Supreme civil power, cujus actus alterius juri non subsunt, whose actions are not subject to any other man's censure, or Law. But such is the King, n Atnob. in Psal. 51. 4. Qui sub nullo alio, sed sub solo Deo agit, who lives in subjection to none, but to God only. For o Eccles. 8. 4. who may say unto him, what dost thou? When therefore David had sinned, he cries out unto the Lord, p Psal 51. 4. In te solum peccavi, against thee only have I sinned, thou only canst call me to account Hence is that resolution of all the learned of this Church, in the time of King Henry VIII. among whom were Bishop Carnmer, and Bishop Latymer, q Instit. of a Christ man fol 86. The supreme and Sovereign Prince hath none between him and God, representing the person of God, executing his office, and in this respect bearing his name: to whom only he is accountable Dr. Corn Burgess, Fire of the Sanct. p. 263. Although Princes do otherwise, than they ought to do, yet God hath assigned NO JUDGES OVERDO THEM in this world, but will have the judgement of them reserved to himself. And the judgement of the great Lawyers in France is this, r Rex solus, omnium subditorum, tam Laicorum, quam Ecclesiasticorum, in suis ditionibus supremus est Dominus Commo fact. & Postulat ●●g. cogni p 38 Rex solus▪ THE KING ONLY IS THE SUPREME LORD of all the Subjects, aswell Lay, as Ecclesiastical, within his own Dominions. s Arnob. in Psal. 51. 4 All other men live under judgement; & cum deliquerint, peccant Deo, peccant & legibus mundi; and when they offend, they sin against God, and against the Laws of the Land. 8. But I know, you rely more upon the Laws of this Land, then upon the Laws of God; and upon our Lawyers, rather than the Fathers, and out best Divines. I shall therefore transgress my profession. & show you, what their opinion is. t 24. Hen. 8. 12. & 1 Eliz. 1. This Realm (say the Statutes) is an Empire, whereof the KING IS THE SUPREME HEAD; and consisteth of the Spiritualty and Temporalty, OVERDO WHICH THE KING HATH WHOLE POWER, AND JURISDICTION. Are you of this Realm, or are you not? I●●on be, then are you either of the spiritualty or temporalty And if of either, then wholly under the King's power The whole power is his; Why seek you to rob him of it? Of this Realm the King not the Parliament, is the Supreme head: One head not two. He that makes two Supremacies, makes a Bull; and he that se●● two heads upon one body, frames a monster. 9 Indeed they are so far from having any Supremacy, that they are Subjects as well in, as out of Parliament. u Sir Rob. Cotton. p 5. When King Edward the Confessor had all the Earls and Barons of the Kingdom assembled in Parliament, he calls them all, his liege men My Lords, you that are MY LIEGE MEN. Perchance you may say, the King calls them so, but that makes them not so. You shall therefore have their own acknowledgement, in Parliament, thus. x 1. Eliz. 3. We your most loving, faithful, and obedient SUBJECTS, REPRESENTING THE THREE ESTATES OF YOUR REALM of England. Thus the whole Parliament united into one body. False therefore is that proposition, that the King is Major singulis, sed minor universis, greater than any, and less than all the Inhabitants of this Realm. For here the representative body of the three Estates of this Kingdom, assembled in Parliament, in their highest capacity, acknowledge themselves to be the Queen's Subjects, and her most obedient Subjects; because to her, they thus assembled, did justly owe both subjection, and obedience; which none that are supreme, can owe. And these are due to his Majesty & à singulis, & ab universis, from one, and all; from every one singly, and from all jointly. 10. Secondly, when they are assembled in Parliament, they Petition, as well as out of Parliament. This is evident by the Acts themselves; wherein we read, that y 16. Ri●. 2. 5. our Sovereign Lord the King, by the assent aforesaid, and at the PRAYER OF HIS COMMONS. The same words are repeated 2 Hen. 5. c. 6 & 9 And in Queen Elizabeth's time, the Parliament humble themselves in this manner, z 1. Eliz. 1. That it MAY PLEASE YOUR HIGHNESS▪ that it may be enacted, etc. I might come down lower, but I shall satisfy myself with Sir Edward Coke report, b Sir Ed Coke instit. l 4. c 1. Sect. The several forms who assures us, that in ancient times all Acts of Parliament were IN FORM OF PETITIONS. Mr. Geree himself acknowledgeth, they should be so now. c I. G. p. 8. The King (saith he) may pass a Bill for the abolition of Episcopacy, when HIS HOUSES OF PARLIAMENT think it convenient, and PETITION FOR IT. Either then the Houses have no Supremacy, o● else they humble themselves too low, when they Petition His Majesty. But this Supremacy of Parliament is one of the new lights, that were lately wafted into this Land in a Scottish Cookboate. 11. Thirdly, what Supremacy can there be in those, that may not lawfully convene, or consult, till the King summon them; and must dissolve and depart, when the King command▪ The Writ itself runs thus, d Rot. Clausa. An. 59 Hen. 3. prelatis & Magnatibus nostris, QUOS VOCARI FECIMUS. To the Prelates. and our Nobles. WHOM WE HAVE CAUSED TO BE CALLED. And e Sir Rob Cotton, p. 3, Sir Robert Cotton, out of Elie Register, tells us that Parliaments were assembled at first as now, Edicto Principis (not at their own, but) at the King's pleasure. And Sir Edward Coke assures me, that f Sir Ed. Coke in Litleton, l 2 Sect. 164. None can begin, continue, or dissolve the Parliament, but BY THE KING'S AUTHORITY. And let me tell you, that if his Majesty shall withdraw himself from Parliament, it is not for your great Masters to enforce him to return, but to g Sir Rob. Cotton p. 8. pray his presence, and to inform his Majesty, that if he forbear his presence among them forty days, that then by an ancient Statute, they may return absque domigerio Regis, to their several homes. This is all they ought, or may do. 12. Fourthly, whereas, according to your words, h I. G. p. 9 the Parliament is to regulate all other Courts; the Court of Parliament is to be regulated by the King. For the time, that is already manifested, to be at his Majesty's pleasure. And for the matter, that is prescribed, and limited by the King; i Rot. claus. An. 59 Hen. 3. super praemissis tractare, to consult and advise upon such things, as the King nominates, and prescribes. And if credit may be given to john Speed, he tells us, that k Speed in Ric. 2, c. 13. n. 102. the great Lawyers Judgements, in King Richard II. time, concerning orderly proceedings in Parliaments, run thus. That after the cause of such assembly is by the King's Commandment 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 UPON OTHER ARTICLES, AND REFUSE TO PROCEED UPON THOSE LIMITED BY THE KING, till the King had first answered their Proposals, contrary to the King's Command; such doing herein contrary to the rule of the King, ARE TO BE PUNISHED ASTRAITORS. And he citys the Law books for what he says. Truly I am the rather induced to believe, what Speed delivers, because Sir Edward Coke gives us the reason, why, and how far forth, the King relies upon his Parliaments. l Sir Ed. Coke In sti●l 4 c. ●. Sect How Parliaments succeed. 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. Always 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 always provided that they keep themselves within the Circle of the Law, and Custom of Parliament. But how if they deceive the King's trust, and abuse his confidence? How if they break the Lawful Circle, and transgress the Customs of Parliament? How then? What Speed hath recorded, I have shown 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 Sovereign. The Statute books shall be my witnesses. m 12. Ed. 4. 3. & 2. Men. 5. 6. 9▪ THE KING by the advice, assent, and authority aforesaid, HATH ORDAINED AND ESTABLISHED. And again, n 13 Eliz. 2▪ & 27. Eliz 17. BE IT ENACTED BY THE QUEENS MOST EXCELLENT MAJESTY, with the assent of the Lords Spiritual, and Temporal, and the Commons, etc. Hence is it, that they are called The King's Laws. And o Sir Fd. Coke in Litleton, l. 2. Sect. 140. the King is called the head of the Law; because from him it is derived; from him the Law receives both life and force. p Praesumitur Rex habere omnia jurain scrinio pectoris sui. Ib. His breast is the Shrine, or desk, wherein all the Laws are stored up, and preserved. If any man make question of this, present experience will satisfy him. For do not the Houses at this day Petition His Majesty, 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, etc. Do humbly present unto your Majesty the humble desires and Propositions, agreed upon by the Parliaments of both Kingdoms respectively. Unto which WE DO PRAY YOUR MAJESTY'S ASSENT. And that they, and all such Bills, as shall be tendered to your Majesty in pursuance of them, or any of them, may be ESTABLISHED AND ENACTED FOR STATUTES AND ACTS OF PARLIAMENT, by your Majesty's Royal 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 repeal Laws. It is at the King's pleasure to establish and enact them for Laws and Statutes, or not. This our neighbour Scotland sees, and confesseth that Regal 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 disannul them, is in the King alone. For a Bill not established, is of no force, it is no Law. 3ly, that q I. G. p. 9 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 pass. If they transgress either, the King hath a legal 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 King's Courts, and the King's Ministers of Justice. And when we are summoned to appear in any Court of Justice, the Process runs Coram Domino Rege, before our Lord the King: because the King's person and power is there represented. And though His Majesty be overborn, 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 lawless, and illegal proceedings. How these Courts have been regulated, since His Majesty's 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 another's command; they, that are to be regulated by another; they, that can only advise, persuade, entreat, but not enact a Law, have no Supremacy. But the whole Parliament severed 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 Majesty; at his command, they are to dissolve their meeting; by him they are to be regulated; and q The Houses of Parliament without the King cannot enact any Laws. Declarat▪ of the Kingd. of Scotland p 19 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 King's unseparable and incommunicable Supremacy; that so all mouths may be stopped. Bractons' resolution is this, r Bract. temps. H. 3. l. 4. c. 24. Sect. 1. 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; s ●lowd▪ 234. 242. The King hath the SOLE GOVERNMENT of his Subjects. Here is no man, no Society of men exempted; all under the King, and solely under the King. Where then is the Parliaments Supremacy? Not in this kingdom; it must be looked for some where else. 17. Secondly, t Bract ib. Ea, quae sunt Jurisdictionis & pacis ad nullum pertinent nisi ad regiam dignitatem: Those things, which concern Jurisdiction and Peace, belong to none but only to the Royal dignity. u Ib. The same he affirms of restraint, and punishment. These than belong not to the Parliament; since that cannot challenge Royal 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, x Lex. terrae: p. 4. the power of the Militia, of eoyning of money, of making Leagues with foreign Princes; the power of pardoning, of making of Officers, etc. All Kings had them, the said Powers have no beginning. If then all these and many more are peculiar to Sovereignty, what is left for the Parliament? Why surely if you will, to be the King's Supreme or chief Council, and his capital Court. This they are; and this is an high honour to them being rightly used. 18. Thirdly, y Bract. temps. H. 3. l. 4. c. 24. Sect. 5. Omnis sub Rege, & ipse sub nullo; Every one is under the King; but the king is under none, but God only. The Supremacy than 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 kind, is a solecism not only in Grammar, but in reason, and Religion. Yet, though no superior, there may perchance be an equal to this supreme. There may so; but not within his own Dominions. z Ib. Rex enim non habet parem in regno suo; a 3 Ed. 3. 19 The King (saith the Statute) hath no Peer in his Land. And if Justice Jenkins may be heard, he tells us, that b Lex terrae p. 7. the Houses in Parliament confess, 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 persuaded, that any, or all the Members of the Body are equal to the Head, than I shall be apt to believe, that there may be two Supremacies in a Kingdom. But I am confident, that c Ne regna socium ferre nec tedae queunt. a wife may as safely admit of two husbands, as a Kingdom of two Supremes. For d Sir Ed Coke Reports, part. 2. Magd. College Case. 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 only thing in request is liberty, to take or leave what and whom we please. 19 But e I. G. p. 9 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 f Sir Rob. Cotton. p 1. Curia capitalis, the supreme Court of this Kingdom: and yet his Court it is, whose Courts the rest are. It is therefore called g Ib. Curia Regis, and h Sir Ed Coke in Litleton, l 2. Sect. 164. Magnum Concilium Regis, The king's Court, the kings great Council: yea and the king's Parliament. Sir Rob. Cotton justifies it from the Parliament Rowles. i Sir Rob. Cotton p. 8. Henry IV. began his first Parliament. Novemb. 1. k Ib. p. 9 The King began his second Parliament Jan. 20. And of Henry VII. thus: l Ib p. 11. It is no doubt, but he would have been found as frequent in HIS GREAT COUNCIL OF PARLIAMENT, as he was in the Star-chamber. And this very Parliament, how oft have they called themselves, The kings great Council? They are so, and they are no more. But why am I so careful to heap up instances? Yourself 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 jointly: since they are but Subjects, and the representative body of Subjects. And under this consideration they cannot regulate other Courts, unless 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 profess with that learned Mr of the Law, that m Sir Ed Coke in Litleton, l. 2. Sect. 164. the Parliament is the HIGHEST, AND MOST HONOURABLE 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. SPIRITUAL AND TEMPORAL. 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, n Sir Rob. Cotton p, 3. for provision for support of the State in men and money; and well ordering of the Church and Commonwealth; and determining of such causes, which ordinary Courts nesciebant judicare, were not skilful to determine. o Ib. These are the causes of such Assemblies. 21. But truly, when they are thus assembled, I do not conceive, that they have power to p The Supremum jus dominis, that is over all Laws, to make or disannul them at pleasure, is neither in the King, nor in the Houses aparti but in both conjoined. I. G. p. 9 make or disannul 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 natural, or bodies politic. Observe, what the mirror of his time K. james speaks: q In his Proclamation before the Book of Common Prayer. We are not ignorant of the inconveniences, that do arise in Government, by admitting Innovasion in things once settled by mature deliberation: And r Illud exploratissimum est, leges patrias aut mutare, aut ad earum obsequium sese non accommoda▪ re, negotium semper cum periculo fuisse conjuncti●simum. Smith, de Repub. Anglorum l. 1. c. 5. how necessary it is to use constancy in the upholding of the public determinations of State. For that such is the unquietness and unstedfastness of some dispositions affecting every year new forms of things, as if they should be followed in their unconstancy, WOULD MAKE ALL ACTIONS OF STATE RIDICULOUS and contemptible. Whereas the STEADFAST MAINTAINING OF THINGS BY GOOD ADVICE ESTABLISHED, IS THE WEAL OF ALL COMMONWEALTHS. There is often danger, seldom pleasure in the change of Laws. Truly since the Laws-have been neglected, and variety of Ordinances have supplied their room, s Psal. 80. 5. 6. We have been fed with the bread of tears, we have had plenteousness of tears to drink. We are become a very strife unto our neighbours; and our enemies laugh us to scorn. 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 aught to be done with much care and deliberation; that so nothing be enacted, which may be justly grievous or destructive to his liege people. Since, according to your determination, t I. G. p. 9 He cannot lawfully make any engagement to any, against the Laws, and LEGAL RIGHTS of others. Your reason is because, u Ib. that were not Cedere jure suo, sed alieno, a parting with his own, but with other men's 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 unlawful for one, is unlawful for any other of the same rank and power. If then it be not lawful for the King, neither is it Lawful for his great Council, to take away the legal rights of others against Law. And therefore not the legal Rights of Bishops, Deans and Chapters, or any other of the Clergy. For by the Laws of the Land, we have as firm an interest, and as true a freehold in those possessions, wherein to we are admitted, or inducted, as any other of his Majesty's subjects have in theirs. Boast not of your power; x Potentia sequi debet ●u●●ti●m, no● praeire Augde Trin l. ●●. c. 13. power must attend upon Justice, not go before it, nor overrule it. I● Justice take place, it is a judicial, a just power; but if power over sway Justice, the Government proves tyrannical. 23. As for the power of making Laws, we must know, that y The forms or Acts of parliament sometimes beein with Concessimus, or Statuit Rex And of latter times Laws and Statutes begin, as Deinz enacted by the King, &c Declarat. of the Kingd of Scot and, p. 19 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 leg●●us superior, as * Nat Brev. tit. Pro●ection fol 28 Fitz halberd speaks, above the Law. But the Sovereigns of this Realm to reitifie the tender care they have of their people's welfare, and the desire they have to enjoy 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 Supremacy, but to admit them to advice. This is the way to win the most refractory, to submit to those Laws, whereto they have given consent either in person, or by proxy. Besides, z P●u●imum ●acit ad populum corrigendum multorum in unâ re sententia atque consensus. Hieron. in Gal. 1. 2. what is concluded on with good advice, by Common consent, and hath the opprobation of divers wise, learned, and religious persons, gives better satisfaction to all in general, than what is done by one alone, be it never so well done. And yet to this day the power of ordaining, establishing and enacting Laws, is reserved wholly to the Crown. Most of these Statute Laws are as so many Royal legacies bequeathed to this Nation, by the several Sovereigns and Fathers of this Country. a Sir Ed: Coke in Madge Chart. c. 1. Not a Liberty or privilege, b Sir Ed. Coke in Litleton, l. 2. Sect. 139. not any Land or tenement, but is originally derived from the Crown. Such hath been the goodness 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 only c Notit▪ Imperii Orient. c. 159. the King's house, but d Lex terrae. p. 5. 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, poor Clergymen, with foul and feigned aspersions; delude not the People with false & forged suggestions. e This Oath to the Clergy, cannot engage him against the legal privileges of the people, or Parliament I. G. p. 9 Whose legal privileges, or rights have we invaded, or sought after? When did we ever desire, or persuade his Majesty, to do the least injury to people, or Parliament? Your own conscience clears us in the general. And your own profession is, that f I. G p. 5. 6. you cannot but have a better conceit of the major part of the Clergy, at this time, that they will not be so tenacious of their wealth and honour, as t● let the Crown run an hazard. If then we will, and have parted with that, which is justly ours, rather than in the least manner we would prejudice the king, or wrong our own consciences; certainly we cannot persuade the king g Ib. p. 9 to make any engagement to us, against the Laws, and legal rights of others. If any particular person have offended in this kind, we make no Apology for him: upon just proof let him have a legal censure. This Kingdom cannot but take notice, that we have been so far from encroaching upon others, that we have parted with u● 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 fail that trust, which is committed to us. We justify Gods right, and lose our own. 25. We confess, that h I. G. p. 9 the king is bound to maintain the legal privileges of people and Parliament; but not so, as to destroy God's rights, or the privileges of his Ministers. That be far from him. i Rom. 137. 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 several places and professions. His Majesty knows full well, that the liberties of the Subject, the privileges of Parliament, and rights of the Clergy, have long consisted and prospered together. Take away the Vine, and the Elm will bear no fruit; take away the Elm, and the Vine will fall to the ground, and be trod to dirt. 26. That k One of which is to be ready, by confirming needful Bills to relieve them against whatsoever grievance they suffer from any. I. G. p. 10. the King hath been always ready to confirm needful (not wanton, not malicious, not destructive) Bills, cannot be denied by any of his impartial & conscionable subjects. The quarrel raised against him is, because he will not suffer God's inheritance, and the Church's patrimony to be devoured; because he will not endure God's service, and all Religion to be trampled on; because he end eavours to relieve his poor people the Clergy, against whatsoever grievance they suffer, or threatened to be enforced upon them. The same favour he always hath, and is at this time forward to afford to all his good people, and loyal subjects. Yea, even to those, that are neither good, nor loyal. 27. But before I take my leave of your Case of Conscience, I shall resolve you, what a pious design you have ventured on, and what a rock you have run yourself upon. You will, I hope like the better of it, because it comes from that Law, you most delight in. The Statute saith, l 25 Ed. 3. 2. 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, than one particular man; by so much is the Treason more heinous more abominable to kill Episcopacy, than 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, m 1. S. ●et. 2. 14. whom the King shall send for the punishment of evil doers. Pray we therefore for the safety of our Sovereign, and that he may with speed be restored to his throne; for these times have made us sensible with Rabbi Chanina, that n Apud Jo. Coach in Notis ad Maccoth c. 1. n. 31. were it not for fear of him, alter alterum vivus devoraret, one would devour another quick. 28. o Thus I think the Case is sufficiently cleared, that notwithstanding the King's Oath to the Clergy at his Coronation, he may consent to the extirpation of Prelaey out of the Church of England. I. G. p. 10 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 Majesty in Justice, or conscience, engage himself, or yield consent either to the extirpation of Episcopacy out of this Church of England, or to the abrogation of the just privileges of his Clergy, or to the alienation of their Lands. Since by your confession, p Ib. p. 9 he cannot lawfully make any engagement to any, against the Laws and legal rights of others. And the King is so just; that he will never do, what he cannot lawfully do. Observe the plagues of such men, as are never touched with the miseries of others. They commonly fall under the same judgement, which others unpitied have tasted before. D. Corn. Burges. Fire of the Sanct. p. 50. 51. FINIS. Errata. PAg. 6. l. 34 Melsalinus, r. Messalinus. p. 20. l. 34. Cardiner r. Gardiner. P. 21. l. 33. let, r. set. p. 30. l. 21. perpetull, r perpetual. p. 31. l 29. cut off. r. cast off p. 33. l. 20 teneatur, r. tenetur Ib. l. 23 possit. r. posse. Ib. in marg. l 12 quisquis r. quisque p. 34 l. 12. are you of r. you are of. Ib l. 16. Nation r. Nation into Ib l. 3● desolate. r. desolate. p. 35 l 29. VIII. r. VII. p 38 l▪ o Rives r River. p. 44. l. 7 depends, r. depend. Ib. l. 17. obstinentis r. obtinentis. p. 51 in marg. l. 13 concessimo, r. concessimus. p 53. l. nlt. destructive, r. destructive, p. 54. l. 10. not upon, r. not set upon. p 55 l. 25. abolishet, r. abolished. p. 50. l 2. Overnor, r. Governor. p. 60 l. 21. changing term, r. changing the term. Ib, l 32. 1. and the Ministerial. p. 6●. l. 2. yet r. that p. 83 l ult ttle, r. little. p 84 l. 34. destroyed, r destroyed. p. 100L. l. penult. regular, r. regulate p. 111. l. 18. the Justice, r. the Justices. p. 113 l. 17. after, r. alter. p 116. in marg. l. 24. other, r. others,