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A97178 Church-lands not to be sold. Or, A necessary and plaine answer to the question of a conscientious Protestant; whether the lands of the bishops, and churches in England and Wales may be sold? Warner, John, 1581-1666. 1647 (1647) Wing W900; Thomason E412_8; ESTC R204017 67,640 87

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is incompatible with the state of the Church in the New that is understood to be continued and commanded to the practice of the Christian Church Now that an Hierarchy or Superiority and Subordination of the Priests was instituted in the Old Testament I think is denied by none that understands the Government of that Church and that this kind of Government is repealed in the New Testament appears not for the words of Christ forbid onely an Heathenish Tyranny and not a Christianly Superiority or an over-lording and not an orderly ruling Luke 22.25 26 1 Pet. 5.3 2. When in that place our Saviour explicitely forbids such Dominion or Lordship as the Kings and Gentiles exercised not ones mentioning alluding to or touching that Government instituted and practised in the Old Testament me thinkes it stands to reason that this kind of Government by Superior and Inferior is rather confirmed then weakened by our Saviours prohibition for had be intended the abolition of such a Government is it not probable being now as it were upon the theme that be would in some glance at least have strook at that Superiority and Subordination among the Jewes Especially when you consider what before was spoken that the Apostles and their Successors did and were to order the Discipline and Government of the Christian Church by the pattern of the Jewish and whether the like kind of Hierarchy was or is likely to be incompatible for the Christian Church which was instituted for the Jewish Church we may judge by the first and after continued practice of the Christian Church from the Apostles and succeeding times And here I shall cite whom you may as well credit as you are willing to heare Mr Calvin Instit 4.4 who confesseth in the Primitive Christian times they chose one called a Bishop who was as Consul in Rome and the Consuls in Rome were above the Senators in place and power And Mr Beza and Mr Moulin come neerer to us and truth who confesse that either in or very neer after the Apostles times Bishops ruled in the Christian Church where they deny not Bishops to have been in the Apostles times onely they will not lest they should offend or lose by the truth say what they did generally read and I am perswaded did beleeve that Bishops were in the Apostles times yet in the other they are plain and peremptory saying Bishops were soon after the Apostles and could they have proved it they would as readily and as plainly have said the Bishops were not in the Apostles times but soon after but by an artificial blinding or hood-winking the truth they chose rather to expresse it as they doe Whereas Bucer Professor of Divinity in Cambridge in K. Edward the Sixth's time speaks as plainly as truly saying From the first Ordination and perpetual Institution of Christian Churches by the Apostles it seemed good to the Holy Ghost to have in them Bishops and in the Book of Consecration of Bishops made and set forth in the fifth and sixth of K. Edward the Sixth and confirmed by Parliament 8 Eliz. 1. it is thus said It is evident to all men reading the Scriptures and ancient Authors that from the Apostles times there have been these Orders of Ministers in the Church of Christ viz. Bishops Presbyters and Deacons And if it were as evident that the Apostles either instituted or commended a Presbyterian Government and not Episcopal may it not be as a wonder and astonishment that so soon as ever the Apostles were deceased or the most of them the whole Christian Church dispersed through the whole world would suddenly conspire and convene to change that Government instituted or commended by the Apostles into Episcopacy And that Episcopacie and not Presbyterie was the Government generally I may say universally used in the Christian Churches from the times of the Apostles besides the authorities above mentioned I appeale to all the best Histories Moreover it cannot be denied but that this Government came into this Kingdom with the first planting of the Gospel here which was almost 1500. years agoe and hath been ever since established by our best Lawes but hath been confessed by the best learned of the Assembly not to be repugnant to Gods Word and by the most learned and strict Presbyterians Calvin Beza Monlin acknowledged to be either in or soon after the Apostles times and by the full consent of the best Historians proved to be instituted if not by Christ yet by his holy Apostles and by and from them spread over all the Christian world and yet to the end this holy Government may be abolished this detestable sin of Sacrilege must be committed The end and the means we see meet but then well weigh and consider that if it be damnation to him that doth ill to a good end as the Apostle testifieth then what damnation shall attend them who to such an end as the abolishing so holy or divine a Government as Episcopacy shall wilfully commit so detestable a sin as Sacrilege But the second end perchance is better which is as professed to pay necessary debts a good end I confesse I would it were practised by all yea or in this case But would not the Excise and Compositions have discharged that debt had the money been rightly imployed as it was pretended I pray remember that Charles Martell of France under pretence of pay for the Holy War seised on the Church Revenues and though he promised restitution yet was proclaimed by the best Historians to be a notorious and a damnable Sacrilegist But how ever the ends meet perchance there is some great cause that moved or provoked the two Houses to this selling yes and the cause is expressed for this late War was promoted by the Archbishops and Bishops and in favour of them or their adherents and dependents I confesse it seems strange to me that their Lands should be sold for what was done in favour of them who know not by whom this favour is done neither are their favourers once impeached for the favourable act for suppose one doe an evill act in favour of or for Mr Speakers sake who never desired nor acknowledged the favour shall Mr Speakers lands be sold away for this And yet more strange it is that their lands should be sold because the War was in favour of their adherents and dependents But it is said that the Bishops promoted this War and yet not said who nor when nor how but may not that more truly be said which I would not add were it not visible and apparently known to all that some one at the least of the Bishops have stood with and by the two Houses in this War For hath there been wanting one who hath sought and received dangerous wounds as it is reported and proclaimed and that in the War for the two Houses against the King For which he hath not only by suit obtained a pardon for his former disservice so called but bath
the Land they bring not in absolute and partial trials by discretion CHAP. VIII That it is against the Prudence and Justice of the King and against his lawful Oath AS the selling Bishops Lands is against our Lawes which the two Houses and Kingdome by their severall Declarations Protestations and Covenants have solemnly bound themselves to maintain so it is against the Kings Prudence against his Justice and against his lawfull and just Oath It is against the Kings Prudence to devest and rob himself of those Immunities 25 Hen. 8.20 26 Hen. 8.3 and 1 Eliz. 4. 14 Ed. 3.4 5 Rights Profits and Revenues which the Law of this Land hath settled in the Crown as Collation of Bishopricks First-fruits and Tenths It is against the Kings Justice to take or make that away from his Heires and Successours which by our Lawes are justly and rightly granted unto them and these Rights the two Kingdomes of England and Scotland have sworn to maintain It is against his Justice to doe or suffer it to be done in respect of the Bishops to whom the King as the fountaine of Justice is bound to see Justice done as to his Subjects in general 2. Institut 1. but then considering from Sr Edward Coke that by our old law-Law-books the Church is ever under age and in the custody or guardian-ship of the King who is bound to maintaine and defend the Rights and Inheritances of the Church and that it cannot be agreeable to Right and Justice that Pupils under age through the negligence or default of the Guardians should suffer losse or disinheritance I pray well weigh whether it wil not amount even to a crying sinne in the King to doe or suffer such an injustice to be done to his Pupil the Church destitute of all help on earth save onely what she may justly expect from the King Solomon the wisest King on earth from the Spirit of God hath spoken it Enter not into the fields of the Fatherlesse for their Redeemer is mighty and he shal plead their cause with thee Prov. 23.10 11 And when you wel consider and weigh what an Oath the King hath taken at his Coronation you cannot I beleeve acquit the King of a flat perjury if hee shall assent to the selling away of the Bishops Lands But what I shal urge in this point is not so much to inform the King who I am verily perswaded by the illumination of Gods Spirit his frequent reading the holy Scriptures and by the Principles received from his most religious and learned Father of ever blessed memory is so fully satisfied and resolved that neither height nor depth nor any creature shall be able to separate or deterr him from the just defence of the Church as to let the world see that it was not as some ignorantly and uncharitably may term it pertinacity in the King not to assent to the destruction of the Church established but the dictate of a good conscience rightly informed And that it may well be so be pleased to hear and consider what how to whom where when the King swears For being to be Crowned King of England in the convention or presence of his Nobles Clergy and People in the Church the Bishop askes the King Sir will you grant and keep and by your Oath confirm the Lawes Customes and Franchises granted to the Clergy according to the Lawes of God The King answers I grant and promise to keep them Then the Bishop speakes to the King Our Lord and King we beseech you to grant and preserve to us and to the Churches committed to our charge all Canonical Privileges and due Lawes and Justice and that you would protect and defend us as every good King ought to be a Protector and Defender of the Bishops and Churches under his Government The King answers with a willing and devout heart I promise and grant that I will preserve and maintaine to you and the Churches committed to your charge all Canonical Privileges and due Law and Justice and that I wil be your Protector and Defender to my power by the assistance of God as every good King in his Kingdome by right ought to protect and defend the Bishops and Churches under his government Then the King at the Communion Table makes a solemn Oath in the sight of all the people laying his hand upon the holy Book and saith The things that I have before promised I shall perform and keep So help me God and the contents of this Booke Now I beseech you all good Christians judge whether this be not an Oath able with feare and reverence to bind the King to the performance For 1. it is taken by the King Gods Anointed 2. In Gods House the holy Church 3. At Gods holy Table 4. Upon Gods holy Book 5. Tendered by Gods Ministers the Bishops 6. In the presence sight and hearing of Gods people 7. To defend Gods servants the Bishops and the Church 8. With the imprecation of Gods curses and forfeiture of Gods blessings in case of not performance so that if ever Oath could truely be called the Oath of God this is it And yet if I mistake not there is somewhat more that adds strength to the Obligation of this Oath and that is That it is upon a contract betwixt the King and the Bishops for so the Oath is tendered to the King by and for the Bishops and from such a Contract and Oath if just and lawfull as this is who can absolve but he alone who is concerned and to and for whom the Oath and Contract is made which are onely God and the Bishops I have cast mine eye upon a Treatise touching the Kings Oath published by Order and written by Mr Geree Preacher of Gods Word at Saint Albans wherein hee goes about to perswade that the King without impeachment of his Oath at his Coronation may assent to the abolishing of Episcopacy I cannot without a great digression answer his Arguments which might easily be done from his own words and grounds but in stead thereof I shall set down his own words whence I hope it will appeare clearly that the King cannot saving that his Oath assent to the selling away the Church Lands His words are these The intention of that Oath is not against Legal wayes of change but against invasion of the Rights of the Clergy So that if selling the Lands of the Church be such an invasion then he professeth that the King by his Oath is bound from it and whether it be so or no in his sense and judgement heare himselfe speake in the same Treatise where he expresly saith To abolish Prelacy and to seize the lands of Prelates to any private or civil interest undoubtedly could neither want staine nor guilt So that by the plaine expresse verdict of this Preacher of Gods Word the King is proclaimed before hand to be a man of a stained and guilty conscience if he assent to the selling Church-Lands according
CHURCH-LANDS NOT TO BE SOLD OR A necessary and plaine Answer to the Question of a conscientious PROTESTANT Whether the Lands of the BISHOPS and CHURCHES in England and Wales may be sold Prov. 20.25 It is a snare to the man who devoureth that which is holy Sr Edward Coke Instit 2. c. 1. What ever is granted to Gods Church i.e. to Churchmen for his honour and maintenance of his Religion and Service is granted for and to God and what is given to God is holy Ezek. 48. Prov. 23.10 11. Remove not the old Land-mark and enter not into the field of the Fatherless for their Redeemer is mighty and he shall plead their cause with thee Coke Ibid. Our law-Law-Books teach us that the Church is ever understood to be under age and to be as a Pupill or Fatherlesse and that it is not agreeable to Law or Right that such should be dis-inherited Printed in the Yeare 1648. The Heads or Points briefly touched in this Answer 1. THat Lands may be given to the Church for Gods Service and Servants therein 2. That Lands so given and accepted become holy to the Lord. 3. That the Lands of Bishops and the Churches in England were so given and therefore may not be alienated or sold 4. That such Alienation or Selling is forbidden in the Old and New Testament 5. That it hath beene so judged by the most strict Reformers in the Protestant Churches 6. That this kind of Alienation is against Prudence Justice the good of the Kingdome in general and of the Tenents to such lands in special 7. That it is against the Lawes of this Kingdome of England which the two Houses of Parliament and Kingdom by their several Declarations Protestations and Covenants are bound to maintaine 8. That it is against the Prudence and Justice of the King and against his lawfull Oath 9. One and twenty Arguments which are brought in defence of or colour for such Alienation are answered 10. The Curses and punishments which are set downe and executed in Holy Writ against Sacrilegious Alienations are held forth and opened CHAP. I. That Lands may be given to the Church for Gods Service and Servants therein DId I conceive it proper to this Discourse and that it would move you it were easie to shew out of very good Histories that the Heathen who knew not the true God and Infidels not beleeving in our Lord Christ have set forth lands and possessions for the perpetual maintenance of their Priests I shall therefore give you but a touch of this and that in our owne Land wherein then Heathenish were Idol Priests Antiqu. Brit. Armica● whom Lucius King in some part of Britain being converted to the knowledge and faith of Christ about the yeare 176. rooted out and taking away their possessions and territories he gave them to the Churches of the beleeving Christians which he endowed with addition of more lands and larger immunities And that this may not seem any new or strange thing I pray consider that God by his Prophet Moses hath bin pleased to expresse that the Egyptian Priests had lands for so we read Gen. 47.22 Onely the lands of the Priests he sold not in the margin of which Text it is added or of the Princes not as doubting whether they were Princes and not Priests but intimating that as the original word signifies both so they were or might be both Priests and Princes And not only the Egyptians but the Assyrians Chaldeans Medes Persians Greekes and Romans honoured their chiefe Priests as Princes Baren ad An. 383. yea Constantine the Great being Emperour and a Christian yet retained the title of Pontifex maximous The great or high Priest But to returne to our purpose for we argue not for title but maintenance out of that Text of Gen. 47. it appeares that the people who were as the Apostle speakes without God in the world Ephes 2.12 yet by the light of natural reason found and held it requisite that their Priests should have a setled maintenance and that in lands Give mee leave here to adde what Mr Selden a man of great reading hath observed that in some parts of Europe the maintenance of Priests lieth wholly in lands But I must to the holy Historie and tell you that so soone as God had raised himselfe a Church by the Ministery of his servant Moses Acts 7.22 who was learned in all the Wisdome Lawes and Policies of the Egyptians he gave to his servants in his Church besides 1. The first-borne of all men and ca●●● 2. Besides the first fruits of the earth 3. Besides a part in all their severall Offerings 4. Besides all the Tithes both of their Goods Weems Synagog and of the encrease of their Lands so that if an Husband-man had 6000. bushels of graine or corne growing in a yeare after that he had paid all his Tithes he had left to himselfe but 4779. I say besides all this though the whole land was hardly 160. miles in length from Dan to Beer-sheba and but 46. Ep. ad Dardan miles in breadth from Joppa to Bethlehem as Saint Jerome who lived long there testifieth God gave them 18. Cities with the Lands and Suburbs round about And although the Tribe of Love at that time of division of the Land were but 23000. and the Tribe of Asher was 53000. of Nepthali 45000. of Zebulun 57400. of Issachar 64000. of Dau 64000. yet the most of the Lands allotted to any of these Tribes exceeded not 19. Cities so bountiful was God under the Law to a corporall abouring Levite which was but a shadow of the glorious Sun-shine of the Gospel and the Royal Priest-hood which we enjoy And yet as though nothing could then under the Law be done too much for the Servants in Gods Temple King Solomon a Type of Christ not only suffered them to enjoy what before had bin given them immediately from God but to shew the high esteeme which ought to be had to the Priest whereas the King had a Coine estamped with the Sword and Scepter which was the Royal Coine the Priests had their Coine too bearing the pot of Manna and Aarons Rod to shew it a Royal Priest-hood when as yet as before is said it was but a shadow of that Royalty which after appeared under the Gospel whereof Bishops and Presbyters are the Ministers And so long as this honour and honourable maintenance was continued to the Priests the Church of God and the whole land flourished untill the time of Jeroboam who by his Rebellion Idolatry and Sacrilege begat that confusion which by degrees brought all to utter destruction Neither did the Convert Christians with Judaisme renounce this kind of Dedicating Lands to God and his servants for what was that act of the Christians lesse which the Apostle mentions Acts 4. and 5 Whereupon Beza and other learned Divines hold that the Christians then and there dedicated the lands themselves but because the times were
very Law of nature for so the Prophet argues Will a man any man Mal. 3. any Pagan Heathen natural man will he robb his God i. e. He will not for it is against the Law of nature How great then is this sinne in a Christian who hath not onely the Moral Law of Nature and the positive Moral written Law of Moses but the Law of grace to restraine him CHAP. V. That it hath been so judged by the most strict Reformers in the Protestant Churches IT were easie to give you the sayings of many Primitive Orthodox Fathers in this case but conceiving that the later Divines relish better with you I shall therefore set downe the judgement of the three Oracles as they are held by many of the first best and strictest Reformed Churches in Germany France and Scotland And for Germany Dr Luther On Gal. 6.6 when hee saw the Clergy despised and their lands taken away Preached and Printed these words The Apostle here closely toucheth the manners of our Countrey-men who most securely contemne our Ministery and especially the Nobles who make their Pasters as their base and obnoxious servants in so much that if we had not so godly a Prince as God be thanked we have and so great a lover of the truth they had ere now driven us out of the land and yet these would be accounted Gospellers After this he meets with a tacit Objection viz. That these Revenues of the Church were given in the time of Popery to which he answers in these words Gram it that these goods were by moore imposture heaped up for Papists yet God spoyling the Egyptians i. e. Papists of their goods transtated them to good uses in our Land He goes on The Devill hath but two ordinary wayes to destrey Religion the one is by the errors of Hereticks against which we had by Ordinance a day of Humiliation ●a●t 10. 1646. the other by depriving of Gods Ministers of their Rights and this saith he is the Devils master-piece hereby to destroy Religion without either the force of Tyrants or the subtle worke of Hereticks But know saith he that although God for a time defers to punish yet in his own time he will finde you out and plague your dog-like scorne and hate to Gods Ministers For saith he The highest of the Gentry and most covetous of the City and the basest in the Countrey when they draw neere to death shall finde that God will not be mocked but as they have sowne so shall they reap for ever Thus farre the first great publike Reformer of the Protestants Church in Germany Next to him De neces reform Eccles heare Mr Calvin thus speaking I professe saith he that I am much displeased that the Revenues of the Church are not imployed for those uses alone for which they were dedicated and that it is not so I and all good men heartily grieve For saith he it is an inexpiable Sacrilege to take the patrimony of the Church and to wast the same on profane uses and what hee meanes by profane uses and wasting he explaines in these words when he saith I assent to this as a truth that it is Sacrilege to convert or change the goods or revenues of the Church to any other use then for the Church And adds Seldome have I found but that such Alienations of Church lands have drawne some mischiefe after them and hee not onely determines this kind of Sacriledge to be such a grievous sinne and dangerous to the State but even to the persons plotting and acting in the same for so he concludes I confesse saith he that in Scripture grievous punishments are pronounced against such men as shall spoile the Church of her goods and Revenues And when you shall consider that Mr Calvin wrote this Treatise to the Emperour and Princes of Germany assembled at that time in a Diet or Parliament for the Reformation of the Church then well weigh how at this time his judgement and sentence should prevaile with you in this case who for holinesse learning and judgement is so extolled by the Protestant Churches Will you heare but one passage for many from Mr Beza successour to Mr Calvin in Geneva and it shall be that which hee wrote in his answer to Dr Saravia who touching upon the dissolution and passing away the Lands of the Religious Houses in the time of K. Henry the Eighth saith We and all good men heartily bewaile that scattering of the Church Lands accompanied with a most wicked and detestable Sacrilege And from Germany and France let us to our Polestarre in Scotland and here Mr Knox the prime principal Reformer of that Kirk who with his brethren Ministers In Book of Disc 1560. desires the Lords of the Councel for feare of the losse of their soules to make restitution of the Lands of the Church and of the Friers and in his Letter on his death-bed In the yeare 1572. he commands his Brethren to withstand the devourers of the Church Patrimony wherein if they the devourers shall persist yet communicate ye not with them by consent or by silence And in the Booke of Discipline 1569. The Patrimony of the Church is declared to be all things doted to the Church and it pronounces them to be theeves who have taken them from the Church and affirmes In second Book of Policy c. 9. to take away any thing which was given to the Church to be detestable Sacrilege before God Moreover the whole Church of Scotland in their Assembly enjoynes a publike Fast throughout all the whole Kingdome At Edenburgh 1582. To appease Gods wrathon the Land for that crying sinne of Sacrilege therein committed Now can any who have sworne to maintaine the Doctrine and Discipline of the Church of Scotland know this and yet Vote the selling of Church Lands If so why may we not pray Lord have mercy on them For did ever any Protestant Church maintaine that Church lands might be taken or sold from the Church If not which I perswade my selfe they have not then why doe you not feare that you are not in the right way or not right Protestants but rather in this point that you are Papists For that these onely of all Christian Churches have allowed the practice of it and yet these doe it not but under the colourable and falsly pretended power which the Pope usurps as being Christs Vicar on earth Whereby he saith he may dispense with the Church lands as he pleaseth which title or power I hope our Parliament doth not assume or challenge to themselves although K. Henry the Eighth in the dissolution of the Abbies thus argued If the Pope and his Legate the Cardinal doe it then why not I And yet I pray note by the way that K. Henry the Eighth so decryed for a notorious Sacrilegist yet never did he take away the lands of Bishops nor Cathedrals but on the contrary he founded some and enlarged others
But why in Gods name are not the Assembly of Divines at Westminster consulted with in this point Or why doe not our conscientious Brethren read the Annotations of the Assembly who note that Egypt which would not in the greatest extremity of famine On Gen. 47. when all other mens lands were sold yet then that they would not sell the lands of the Priests shall rise up in judgement against the alienators or sellors of lands which have been dedicated to God or his Servants CHAP. VI. That this kind of Alienation is against Prudence Justice the good of the Kingdom in general and of the Tenents to such Lands in special BUt were there not so much said in Gods Book and by learned Orthodox Divines shall neither our owne Lawes nor Prudence nor Justice prevaile in this case to keep us from selling of Church Lands For what Justice is it to sell that which is not our owne And that these lands are 1. Gods I hope it is proved sufficiently by Gods words the verdict of allowed Divines and shall be further proved anon by the Lawes of our Land 2. They are the Bishops who are Gods Assignes and Usufructuaries and these lands are theirs by as good title in Law as any man can hold any land in this Kingdome 3. They are by Patronage the Kings for this is very lately professed in a good Parliament 1 Jacob. 3.3 in these words Whereas all the Lands of the Bishops in England and Dominion of Wales were given by Kings of England the full truth whereof I will not dispute whereby the King is become the lawfull and rightfull Patron of all those Lands therefore it is desired that the King would enact not that they without the King would or could no such power then knowne and what is desired not that the Bishops Lands should be sold but that they may not be leased out by the Bishops for longer terms of time then for 21. yeares or three lives no not to the Crowne And is this Justice so soone forgotten or so soone changed in so short a time that without the consent of God the Proprietary of the King the Patron and of the Bishops the Assignes the lands shall be utterly sold away And yet must we call this Justice I pray God this Justice call not for judgement from heaven And whether it can be just to sell the Bishops Lands I pray examine by that rule and touch-stone of true Moral Justice which our Lord Christ hath expressed in two short Precepts the one Thou shalt love thy neighbour as thy selfe The other Mat. 19.9 Mat. 7.12 Whatsoever ye would that men should doe unto you doe you even so unto them for this is the Law and the Prophets Now by the first rule examine your selves whether in this act of selling the Bishops Lands you love the Bishops as your selves And trie this by the other whether you would yeeld your consent as to a thing just that if the Bishops had your power they might and should preserve to themselves their own lands and expose yours to sale If your hearts speake the truth I feare they would denie this to be just in the Bishops against you and if so then be assured that in this act of selling the Bishops lands you doe not that which by the verdict of your owne conscience is just And if you will as Law-makers should look forward and provide for future times stands it with civil Prudence to sell those Lands away which doe and will yeeld so much for maintenance of the King and Kingdome in Tenths First-fruits Subsidies and Taxes which for the most part will bee swallowed up when fallen into Lay-hands 2. Stands it with civil Prudence to robb Tenents of so good penniworths as they now hold from Bishops and Church-men which they must not expect when in Lay-hands whereby they have beene enabled the better to serve the King and Kingdome in time of need 3. Stands it with Prudence and Charitr to cast so many into a state of beggery and danger of theeving who by Bishops and Church-men have been reasonably relieved by under Offices and places in the Church Upon the dissolution of the Religious Houses in the Reign of K. Henry the Eighth Chron. f. 773. Mr Speed saith that a great Rebellion was raised in Lincolnshire and the Rebels expressing the cause thereof to the King they say Wee grieve for the suppression of so many Religious Houses whereby the Pooralty of your Realme is unrelieved and many put off their livings which is a dammage to the Common-wealth Soone after another Rebellion arose in Yorkeshire where 40000. with Horse Armes and Artillery rose for Religion who had upon their sleeves the Name of the Lord the ground of their rising was saith the same Author That the King by his evill Counsellers will destroy the Ministers of the Church f. 775. which makes against the Common good 4. Stands it with a Religious and civil Prudence to robb Learning and Religion of that profit and preferment which encouraged the study and encrease both of Learning and Religion Prov. 14.4 Where no oxen are the crib is cleane And the Land soon after K. Solomon found this true 1 King 13.33 for when Jeroboam had taken away the best maintenance of the Priests what followed but that the Priests were chosen out of the lowest of the people Which I would it were not too true now in our Land and in after times the Church suffered more under Julian then Dioclesian for this tooke away the able men but that Apostate their maintenance I shall close this point with that memorable passage of Sr Edward Coke in Winchesters Case The decay of the Revenues of the Church will draw after it the downe-fall of Gods Service and Religion which God in mercy avert CHAP. VII That it is against the Lawes of this Kingdome of England which the two Houses of Parliament and Kingdome by their severall Declarations Protestations and Covenants are bound to maintaine BUt if neither Gods Word nor the Verdict of best Divines nor Justice nor Prudence can be heard yet I pray heare what our Lawes say in this case and yet before I urge these to which I am as much a stranger as to the Profession let me remember you with that which I have heard to be a Maxime in our Law That no Statute Law or Custome which are against Gods Law or Principles of Nature can be of any validity but are all null which if granted it will save me the paines to cite our Lawes as having before proved that it is against Gods Law to sell away the lands of Bishops Yet let me adde that one Statute saith 1 Edw. 3. c. 2. That the King by evil Counsellors caused the Temporalties of Bishops to be seized into his hands for a time to the great dammage of the said Bishops which from henceforth shall not be done and this Statute is not repealed and therefore