tangunt prosint nemini praesertim notabile afferant nâ—cumentum That they may be commodious for those whom they concerne and yet not be evidently injurious to others From these or the like grounds I find it resolved by the Sages of this Kingdom that the King may grant priviledges to any Corporation so they be not prejudiciall to some other of his Subjects 5. But wherein is the Kings Oath to the Clergie inconsistent with his Oath to the people Because his Majestie hath first say you taken an oath for the protection of the people in THEIR LAWS and liberties Their Laws The peoples Laws Who made them makers or Masters of the Laws Do the people use to make Laws in a Monarchie Behold all are Law-makers Who then shall obey None but the Clergie Thus the Clergie must obey the people and if obey then please For whom we obey them we must please And yet there is much danger in pleasing the people For If I should please men that is the common people I were not the servant of Christ The plain truth is the Laws are the Kings Laws so we call them and so they are and his subjects must observe them Otherwise he beareth not the sword in vaine The Liberties indeed are the peoples granted and confirmed unto them by the Soveraignes of this Realme But wherein will the latter Oath be a present breach of the former and so unlawfull One would think here were some great wrong offered to the people as if some immunities or means were taken from them and transferred upon the Clergie by this Oath But when all comes to all it is no more then this that One of the priviledges of the people is that the Peers and Commons in Parliament have power with the consent of the King to alter what ever in any particular estate is inconvenient to the whole I had thought that this priviledge you speake of had not been a priviledge of the people but of the Parliament that is of the Peers and Commons representees of the people met in a lawfull and free Parliament with the Kings consent Not of the representees of the people alone But you would faine incense the people a new against us under a pretence that all is for their good and for the maintenance of their priviledges because they are represented by the House of Commons Whereas the truth is you endeavour to devolve al upon that House for the erection of Pâ—ssbytery That so both Church and State may be Democraticall both settled under a popular government 6. Let us take a view of this passage and see what truth is in it One of the priviledges of the people is say you that the Peers and Commons in Parliament HAVE POWER TO ALTER what-ever is inconvenient How the Lords will take this I know not though of late they have been so passive Can they endure that their power should be onely derivative and that from the people Your words are plain one of the priviledges of the people is that the peers have power As if the Lords had no power in Parliament but what issued from the peoples priviledges Why then are they called Peers when they are not so much as Peers to the people but their substitutes if not servants Surely you lay the Lords very lowe And if it be one of the peoples priviledges that the Lords have power then is it also one of their priviledges that the Lords have no power that the people may take it from them when they please Cuius est instituere ejus est destituere they that can give power can also take it away if they see good This of late hath been usually vaunted against the House of Commons and you say as much to the House of Peers Whereas the peoples priviledges are but severall grants of the Kings of this Land proceeding meerly from their grace and favour Alas the people hath not so much as a vote in the Election of Peers neither have they liberty to choose Members for the house of Commons no not so much as to meet for any such purpose untill they be summoned by the Kings Writ So the peoples priviledges depends upon the Kings summons no such priviledge till then 7. And whereas you say that the Peers and Commons have power to alter what-ever is inconvenient You are much mistaken When by the Kings summons they are met in Parliament they have power to treat and consult upon alterations as also to present them to his Majestie and to petition for such alterations where they see just cause But they have no power to alter that is in the King or else why do they Petition him so to this day to make such changes good as they contrive Hoc est testimonium regiae potestatis vbique obstinentis principatum This a full testimonie of the Kings power in all causes and over all persons that the Lords Commons Assembled in Parliament are faine to Petition for his Royall consent and confirmation before they can induce an alteration The truth is the Power of making laws is in him that gives life to the Law that enacts it to be a Law not in them that advise it or Petition for it Where the word of a King is there is power it is his word Le Roy Le Vâ—lt that makes it a Law then t is a Law and not before No power makes it a Law but his For he doth whatsoever pleaseth him When it pleaseth him not when it pleaseth them many times therefore he rejects Bills agreed by both houses with his Roy ne veult the King will not have them to be Lawes The reason is given by that renowned Justice Jenkins because the Law makes the King the onely Judge of the Bills proposed I counsell thee therefore to keep the Kings commandment or to take heed to the mouth of the King and that in regard of the Oath of God That is saith the Geneva Note that thou obey the King and keep the Oath that thou hast made for the same cause This is agreeable to Scripture And the wisest of this Kingdome not long since acknowledged that without the Royall consent a Law can neither be complete nor perfect nor remaine to posterity A Law it is not it binds not till the King speak the word Yea the Kingdom of Scotland hath declared that the power of making Laws is as essentiall to Kings as to govern by Law and sway the Scepter Declar. of the Kingdome of Scotland p. 34. 8. But if this be the peoples priviledge that the Peers and Commons in Parliament have power WITH THE CONSENT OF THE KING to alter what is inconvenient Whose priviledge is it I pray you for the Lords and Commons without the Kings consent to make alterations and abrogations with root and branch This is no priviledge of the people nor yet of the Houses Because as Justice Jenkins observes it is against
their Oaths to alter the Government for Religion For saith he every of them hath sworne IN THIS PARLIAMENT That His Majestie is the onely Supreme Governour in all causes Ecclesiasticall and over all persons 9. But what inconvenience I pray you ariseth to the people from the rights and priviledges of the Clergy Not tithes No say you that justifie them to be due to your precious Presbyters by divine right Not the Bishops revenues By no meanes they must not come into any mans hands but yours who are the Parochiall Pastors These must be your maintenance To seize them to private or civill Interest is detestable sacriledge 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 intrusted with them would prove marvelous inconvenient to the people 10. How many inconveniences will arise to the people of this Kingdome by stripping the Clergie of their immunities and lands cannot suddenly be discovered Some of them I shal 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 sacriledge For a nationall sin must have a nationall punishment 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 severall 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 We must not follow a multitude to do evill Hope not to lye hid in a throng be sure thy sin will find thee out as it did Achan among the thousands of Israel His nobility could not excuse him Remember that this was for sacriledge for he stole two hundred shekels of silver a wedge of gold which were consecrated unto the Lord. This is a dreadfull sinne it will lye at thy doore it will be a stone of offence to thee at thy going forth and thy coming in 11. I know there are men of severall mindes met at Westminster Some are wholly bent 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 handfull they may wrong themselves but no good can they do to Church or King But we forget the Lords rule 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 lesse with the mysterie of iniquitie which worketh powerfully in the sons of disobedience But they must know that there be sins of ignorance for these there must be an attonement made by the Preist and without this for ought I read no forgivenesse Levit. 4. Yea saith the Lord If a soule sin and commit any of these things which are forbidden to be done by the Commandments of the Lord though HE WIST IT NOT yet is be guiltie And he shall beare his iniquitie for he hath certainly trespassed against the Lord. But to bring it home a little neerer to these times that are so violent for sacriledge let all Achans broode give eare to the words of the Lord If any person transgresse 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 FIFT PART MORE THERETO AND GIVE IT UNTO THE PREIST Then shall the Preist make an attonement for him not before then shall the sin be forgiven him not before Here then remaines no excuse for any that have the least hand in sacriledge without restitution But why do we abhor Idols and commit sacriledge 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 kinde of Clergie shall we have Jeroboams Priests the lowest and meanest of the people For as now so then the Priests and Levites followed their true liege Lord. For that Arch-rebell and his sons had cast them off from executing the Priests office This being done 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 fiâ—â— our Priests places with men void of Learning not apt to teach not able by sound doctrine either to exhort or to convince the gainsayers Now S. Peter tells us that the unlearned and unstable ungrounded men wrest the Scriptures to their own destruction What then shall become of the people If the blinde lead the blinde both shall fall into the ditch This will bring us to that passe which Bishop Latymer speaks of We shall have nothing but a little ENGLISH DIVINITIE which will bring the Realm into very barbarousnesse 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 alwayes abounded with Learned men 14. 3 Hospitalitie 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 familie or set persons are tyed to be Priests as was the Tribe of Levi. The qualification of the person and not his pedegree is with us inquired into What understanding man then will freely dedicate his son to the Ministerie and be at an extraordinarie charge to breed him up to Divinitie when his reward shall be certain poverty And what Scholer 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 Divinitie that have diverted their studie to Physick knowing that this Nation is carefull of their bodies though carelesse of their souls 15. Is it not enough by this extirpation to barre your selves from heaven unlesse ye sink your posteritie into the same damnation Is it not enough to murder Priests unlesse ye slay the Priestood also Certainly ye run the readie way to do it If ye will not beleeve Bishop Latymer because a Priest yet trust
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 strook at and exposed to contempt and sale Are we no subjects Surely we were borne so How then did we forfeit our birth-right By taking Orders Then is it better to be Mr. Gerees groom then himself And it may be this is the reason why so many step up into the Pulpit without Orders lest perchance they lose their birth-right 21. It may be you will say that we were not born Priests or Clergie-men 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 poore Clergie-men are the onely free-born Subjects that are out-lawed as it were and cast forth as dung upon the face of the earth Surely it is better to be a Parliamentarians foot-boy then 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 free-born Subjects perchance to Mr. Speakers grandchild Since then the Kings Oath as you confesse 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 Jesu CHAP. XI Whether the Clergie and Laitie be two distinct Bodies or one Body Politick That Church-men in all ages had some singular priviledges allowed them 1. THat with some colour you may perswade the people that it is lawfull not onely to clip the wings but to pick the carkasse and to grate the very bones of the Clergie you tell them that this Oath was so framed when the Clergie 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 this distinction is a branch of Popery But this is the fashion of such as you are when you intend to disgrace alter or destroy any thing that concerns the Church then presently 't is Popery Thus you cast a mist before the peoples eyes that loath Popery and yet know not what Popery is 2. But this His Majesties Oath is grounded upon the Word of God who hath made promise to his Church spread among the Gentiles that Kings shall be her nursing fathers and Queens her nursing mothers When therefore Christian Kings are inthroned they take a most solemn Oath not onely to administer true justice to the people but that they will also maintain the Rights and priviledges of the Church and Clergie as by right they ought to do The reason is because there are so many envious mischievous eyes upon the Church because 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 Gods Word prevails with few the Kings sword therefore must stand between the Church and such sacrilegious spirits 3. If they fail in this duty then 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 For ye have eaten up the vineyard the spoil of the poore is in your houses Is this any thing to the Church Yes marrie is it the Geneva Note tels you so 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 Majesties comfort is that he hath withstood these impious designes according to his duty For whosoever shall gather himself IN THEE AGAINST THEE shall fall Meaning the DOMESTICALL ENEMIES OF THE CHURCH as are the HYPOCRITES Dear brother take heed to your feet and remember that it is a dreadfull thing to FALL into the hands of the everliving God But view we your reason 4. The Clergie and Laitie say you were distinct bodies but this distinction is taken away and Laity and Clergie are now one body Politick One body Politick 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 priviledges 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 equalitie Scoggins doal right some all and some never a whit 5. Neither do we say that we are a severall or distinct body but we are a severall state or Corporation in the same body One body but severall members in and of the same body In Ecclesiasticall persons of this Kingdom are commonly three qualities or conditions one is naturall the other two are accidentall 1. Englishmen and denisons of this kingdom we are by birth 2. Vniversitie men by matriculation and education and 3. Clergie 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 Universitie 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 Kings Subjects because Clergie men In taking Orders we put not off Allegeance we rather confirm and inlarge it For a shame it is for us to teach others what we do not our selves And our duty it is to put every man in minde to be subject to principalities and powers and to obey Magistrates 6. That there are severall relations in us of the Clergie and that we have severall privileges by these relations will appear evidently in S. Paul who was an Israelite by blood a Roman by freedom but an Apostle by Ordination By his Orders he lost none of his former privileges but acquired new whereto he had no right as Israelite or Romane Yet as occasion serves he stands upon his privileges as a Romane and both the Centurion and the Commander in chief were afraid to offend against that law or privilege But we with blâ—shlesse foreheads trample upon Gods Laws and the privileges of his nearest servants
But though S. Paul stand upon his privileges and e magnifie his office yet f he acknowledgeth himself to be Cesars subject and that at his tribunall HE OUGHT TO BE JUDGED 7. Our Saviour himself had severall Relations he was the Son of David and the Lord of David the Son of David according to his humanitie but the Lord of David in his Deitie As Lord of all he receives tithes and sacrifices h as a Subject he payes tribute to Cesar and when an arraigned person i he acknowledgeth 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 severall privileges 1. to the generall Rights as he is a free denison 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 severall Rights when the Ministers and Stewards of God are cut out of all Are we dealt with as the Dispensers of Gods 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 passe by the way behold and consider if ever the like shame befell any Nationall Church that is threatened to ours at this day But thus it comes to passe when there is no King in the Israel of God 8. If this distinction between Clergie and Laity be a branch of Popery how comes it to passe that those great Reformers and zealous enemies to Popery suffered the Clergie to continue a distinct Province of themselves and that they did not with Popery quite extinguish this distinction Why doth Q. Elizabeth call them a great State of this Kingdome if they be no State at all Why did King Edward VI. that vertuous Lady Queene Elizabeth and wise King Iames summon the Bishops to convene in Convocation as a distinct society and to vote in the House of Peers as Lords spirituall plainly by title distinguished from the Lords temporall Vndoubtedly say you all priviledges of the Clergie that are or were contrariant to the Laws of the Land were abolisht in the reign of Henry the eight They were so It follows therefore undoubtedly that these priviledges which were continued through so many Princes raigns 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 Clergie 9. That we are a distinct society or Corporation from the people is evident by the Coronation Oath by Magna Charta by severall Acts of Parliament and by Scripture itself The Coronation Oath observes the distinction of Clergie and People and assures us that they shall be distinctly preserved Magna Charta does the like and the Acts of Parliament distinguish the Kings subjects into Clergie and Laity allotting to each their severall priviledges allowing the people to take many courses which the Clergie may not This distinction is approved by Scripture where the Lord takes the Levites from among the children of Israel S. Paul assures us that Every High Preist is TAKEN FROM AMONG MEN. And the Scholiast tels 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 a branch of Popery or of Antichristian usurpation is here justified by Gods owne word And Josephus that was well skilled in Moses writings and Judaicall Antiquities testifies that Moses did seperate the tribe of Levi from the communitie of the people He might have said that God himself did it for the text saith plainly that THE LORD SEPERATED THE TRIBE OF LEVI to beare the Arke of the Covenant to stand before the Lord to administer unto him and to blesse in his name From that time forward they were not numbred amongst the rest of the people the Lords they were and the rest of the tribes were strangers to their office The very light of nature taught the heathen to distinguish between Preist and people and to allow them distinct priviledges And the light of Scripture taught Christians to do the like hence is it that not onely in the Canons of the Church but also in the Imperiall constitutions this distinction between the Clergie 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 diverse would not see these times have enforced us to feele 10. And yet for all this we say not that we are exempt from secular power neither set we up two Supremacies This will prove to be your Popish or Anarchicall doctrine yours I say that would so fain cast this aspersion upon us For do not you tell us that ther 's a Supremacie in the King and a Supremacie in the Parliament Are not here two Supremacies set up by you that so you may make the Parliament Law-lesse and subject to no power We detest and have abjured the Popes Supremacie and not onely that but all other Supremacies besides the Kings within these his Majesties Dominions and Countries For we have sworne that King Charles is THE ONELY SUPREME GOVERNOR of all his Realms over all persons in all causes But you induce the peoples Supremacie Wheras we know no Coordination but a Subordination of all persons severally and jointly to his Majestie and to his Majestie onely 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 then any and greater then all the Members of his Dominions whether in or out of Parliament and that he is homo a Deo secundus solo Deo minor second to God and lesse then God onely To this our best Lawyers bear Testimonie even that the King is Superior to all and Inferior to none And our Acts of Parliament say the same Thus much in substance we have sworne and we unfainedly beleeve that all the world cannot absolve us of this Oath As therefore we hitherto have done so shall we still by Gods grace bear faith and true Allegiance to his Majestie his heirs and successors though it be to the hazard of our liberty of our estates and lives Yea we acknowledge our selves 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
Chapters to Archdeacons and Prebendaries are the things they hunger and thirst after they will wipe your mouthes of all such morsels as their Ordinances for the sale of such Lands have fully manifested 8. And wheras you seem to be much troubled for his Majesty lest he should condescend renitente conscientia against conscience to gratifie you in this kind and to bring sin upon himself Which you perceive and in a manner confesse he must do if he do as you would have him for you say It would be sinfull to himself Thus you endeavour to perswade our Soveraign 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 your self for the King blessed be God without cause for we cannot perceive that He is inclinable to gratifie you in this kinde Neither doth every reluctance of conscience make a grant sinfull but onely when my conscience checks me upon just grounds It is not the renitence or strugling of conscience but the pulling down of Gods Ordinance Episcopacy that makes the sin though I confesse 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 Kings case which God forbid then must it necessarily follow that it would be sinfull to him and so he should forfeit inward to procure outward peace and be represented to times in the glasse of conscience to adventure the heavenly to retain an earthly Crown Nothing more certain Wo then be to him or them who ever they be that plot how they may endanger the Kings 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 thorow fire and water but for all this with Gods blessing he shall arrive in the haven of happinesse 9. But there is an Oath that stands in the way which was taken at the Kings Coronation This hath been prest by some Learned pens with that probabilitie that by your own confession may stumble a right intelligent Reader But you are none of that number you stumble not but smoothly passe over such rubs and though they have not hitherto received any satisfactory answer yet now we shall have it in Print By your pains the Objâ—ctions shall be cleared which while they stand unansweâ—ed cast an ill reflection upon the King in condescending to abrogate Episcopacy I beseech you do you dream Who told you that His Majestie 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 refusall 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 foule an infamous refâ—â—ction upon those who ever they be that shall presse 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 the Kings Oath may be taken off two wayes either by clearing the unlawfulnesse of it or else by manifesting that though Episcopacy be lawfull yet notwithstanding that his Oath the King may consent to the abrogation of Episcopacy Both these your wayes shall be severally taken into consideration and first for the unlawfulnesse thereof CHAP. II. Whether the Kings Oath taken at his Coronation be an unlawfull Oath 1. YOu say and say truly that the oath which is vinculum iniquitatis the bond of iniquitie is void the first day And your reason is firme for Qui jurat in iniquuâ— obligatur in contrarium he that swears to do that which is unjust is bound to performe the contrary Your argument hitherto is good and upon these very grounds we will joyne issue But how will you proove that his Majestie hath sworne to uphold that which is unjust or impious This shall be done by manifesting that the King hath sworne to maintaine that which is contrary to Christs 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 If Prelacie in the Church be an usurpation contraâ—y to Christs Institution then to maintain it is to sin and all bonds to sin are frustrate 2. I hope you use no tricks but fairely without any fallacie according to the question proposed by Prelacie you mean Episcopacy properly and strictly so called Otherwise there are foure termes in your syllogisme Now if this proposition be firme upon the same grounds it will follow you cannot deny it that If Supremacie in the Parliament be an usurpation contrary to Christs Institution then to maintain it is to sin But Supremacie in the Parliament is an usurpation contrary to Christs Institution Ergo to maintaine it is to sin That Supremacie in the Parliament is contrary to Christs Institution is evident by St. Peter who placeth Supremacie in the King in these words Submit your selves to every ordinance of man for the Lords sake whether it be unto the KING as SUPREME or unto GOVERNOURS that are SENT BY HIM by the King And every rationall man cannot but discerne that there can be but one not two Supremes in the same Kingdome as you would have it But of this more fully in the last Chapter Secondly it followes If ordination by Presbyters be an usurpation contrary to Christs Institution then to maintain it is to sin But Oâ—dination by Presbyters is an usurpation contrary to Christs Institution To maintain it therefore is to sin The minor with Gods blessing shall suddenly be made good against the Presbyterian Jus divinum Thirdly If Episcopacy in the Church be no Vsurpation but Christs Institution then to endeavour the extirpation thereof is sin But Episcopacy in the Church is no usurpation but Christs Institution Therefore to endeavour the extirpation thereof is sin 3. That you your Assembly and Parliament have made and taken an oath to extirpate Episcopacy is too notorious to be denyed But if I shall prove that Episcopacy is not contrary to Christs Institution then shall I cleare the Kings 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 iniquitie and you are bound in conscience publickly and penitently to retract it That the same Order cannot be Christs Institution and contrary to Christs Institution is so apparent a truth that a meer idiot may discern it But the Order of Bishops is Christs Institution and yet ye have sworne to up with it root and branch Much like to those in the Prophet
Sir Edward Coke because a Lawyer and a States-man This great learned man assures us that It is a more grievous and dangerous persecution to destroy the Priesthood then the Priests For by robbing the Church and spoyling spirituall persons of their revenues in short time insues GREAT IGNORANCE OF TRUE RELIGION and of the service of God and thereby GREAT DECAY OF CHRISTIAN PROFESSION For none will apply themselves or their sons or any other they have in charge to the Study of Divinitie when after long and painfull studie they shall have nothing whereupon to live Will not our Church then come to a sweet passe And yet to this passe we are almost brought 16. All the inconvenience that Mr. Geree presseth is this that we are not subject to the Parliament to be whipped and stripped as they please If we be not subject to them I am sure they have made us so But how far forth and wherein we are subject to the Parliament and what Parliament shall speedily be taken into consideration Chap. 9. 17. You speak much of a former and a latter Oath the former to the people the latter to the Clergy As if His Majestie took two severall Oaths at two severall times Whereas in truth it is but one Oath as you acknowledge p. 1. taken at the same time and as it were in a breath Indeed there are severall priviledges proposed to the King which he first promiseth and afterwards swears to maintain As for the promise it is first made in grosse to the people of England afterwards to the severall States of this Realm but first to the Clergie by name In generall to the people of England the King promiseth to keep the Laws and Customs to them granted by his lawful and religious Predecessors Under this word People are comprehended the Nobilitie Clergie and Commons of this Kingdom Afterwards distinguishing them into severall ranks he begins with the Clergie promising that he will keep to them the Laws Customes and Franchizes granted to them by the glorious King S. Edward his Predecessâ—â— Secondly he promiseth to keep peace and GODLY AGREEMENT entirely to his power both to God the holy Church the Clergie and the People Here also you see his promise to the Church and Clergie goes before that to the People In the third branch His Majestie promiseth to his power to cause Law Justice and discretion in mercy and truth to be executed in all HIS JUDGEMENTS to all before named Next he grants to hâ—ld and keep to the Comminalty of this HIS KINGDOM the Laws and rightfull Customes which they have TO THE HONOUR OF GOD mark that so much as in him lyeth The Commonalty you see are not mentioned till we come to the fourth clause And last of all lest the Bishops though implied in Church and Clergie should seem to be omitted and an evasion left to some malignant spirits to work their ruine and yet seem to continue a Clergie the King promiseth to the Bishops in particular that he will preserve and maintain to them all Canonicall priviledges and due Law and Justice and that he will be their Protector and Defender How then can he desert them or leave them out of his protection 18. These promises made the King ariseth is led to the Communion Table where laying his hand upon the holy Evangelists he makes this solemne Oath in the sight of all the people The things that I have promised I shall perform and keep So help mâ— God and the contents of this Book Though then the promises be severall the Oath is but one and so no former no latter Oath not two but one Oath The Kings Oath to the people is not first taken but you are wholly mistaken 19. If any man desire to know who the People and Commonalty of this Kingdom are let him look into Magna Charta where he shall find them marshalled into severall estates Corporations and conditions There you shall also see the severall Laws Customes and Franchizes which the King and his religious Predecessors have from time to time promised and sworn to keep and maintain That Great Charter begins with the Church Inprimis concessimus Deo First we have granted to God and by this our present Charter have confirmed f in behalf of our selves and our Heirs for ever that the Church of England be free and that she have her Rights entire and her Liberties unmaimed Now Sir Edw Coke that Oracle of the Law tels us that this Charter for the most part is but DECLARATORY OF THE ANCIENT COMMON LAWS OF ENGLAND to the observation wherof THE KING WAS BOUND AND SWORN And not onely the King but the Nobles and Great Officers were to be SWORN to the observation of Magna Charta which is confirmed by thirtie and two Acts of Parliament 20. The Liberties of this Church as I have gleaned them from Magna Charta and Sir Edw Coke are these First that the possessions and goods of Ecclesiasticall persons be freed from all unjust exactions and oppressions Secondly that no Ecclesiasticall person be amerced or fined according to the value of his Ecclesiasticall Benefice but according to his Lay tenement and according to the quantitie of his â—ffence Thirdly that the King will neither sell nor to farm set nor take any thing from the demeans of the Church in the vacancie Fourthly that all Ecclesiasticall persons shall enjoy all their lawfull Jurisdictions and other rights wholly without any diminution or subtraction whatsoever Fiftly A Bishop is regularly the Kings IMMEDIATE OFFICER to the Kings Court of Justice in causes Ecclesiasticall Sixtly It is a Maxime of the Common Law that where the right is spirituall and the remedy therefore onely by the Ecclesiasticall Law the conusans thereof doth appertain to the Ecclesiasticall Court Seventhly Sir Edw Coke tels us from Bracton that no other but the King can demand or command the Bishop to make inquisition Eightly Every Archbishoprick and Bishoprick in England are holden of the King per Baroniam by Baronry And IN THIS RIGHT THEY THAT WERE CALLED BY WRIT TO THE PARLIAMENT WERE LORDS OF PARLIAMENT And every one of these when any Parliament is to be holden ought ex debito Justitiae by due of Justice to have a Writ of Summons And this is as much as any Temporall Lord can chalenge The conclusion of all is this that neither the King nor His Heirs or Successors will ever endeavour to infringe or weaken these Liberties And if this shall be done BY ANY OTHER nihil valeat pro nullo habeatur let it be of no force and passe for nothing Hence it is provided by Act of Parliament that if any Judgement be given CONTRARY TO ANY OF THE POINTS OF THE GREAT CHARTER by the Justices or by any other of the Kings Ministers whatsoever IT SHALL BE UNDONE AND HOLDEN FOR NOUGHT Let all true
Kings of this Realme according to an Act of Parliament in that behalfe An. 32. Henr. 8. c. 36. According to this Statute were the Bishops and the rest of the Clergie assembled bâ— King Edward VI. and Queene Elizabeth for composing the Articles of Religion which were allowed to be holden and executed within this Realme 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 Clergie in the neather House in their Convocation As is to be seen in the Râ—tification of those Articles Agreeable to the same Statute the Arch-Bishops Bishops and other of the Clergie were summoned called by K. Iames to treat of Canons and Constitutions Ecclesiasticall Which were by them agreed upon An. Dom. 1603. and were by the same King of blessed memorie ratified and confirmed by his Letters Patents And I am certaine that we have subscribed and sworne That the Kings Majestie under God is THE ONELY SUPREME GOVERNOR of this Realme and of all other his Highnes Dominions and Countries as well in all Spirituall or ECCLESIASTICALL THINGS OR CAUSES AS TEMPORALL 6. The substance of your touchie argument is I hope satisfied in the eye of every moderate and discreet man The rest that follows is but a Rhetoricall flourish or reiteration of what passed before as if the Kings Oath to the Clergie could not be consistent with the priviledges 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 Clergie were none of the Nation Or as if we were bastards and not legitimate slaves and not free-born subjects And yet blessed be God diverse of our Orthodox Clergie are as well descended as any that speake against them Is this my good brother to reverence the Preists and count them holy Is this the way to invite men of worth to incorporate themselves into your Presbyteriall Hierarchie Surely we are a part of this Nation to whom this promissory Oath was made Our Rights consisted comfortably many yeers with the priviledges of the people to the honour of this Nation and to the astonishment of others With what face then can you say that the Kings Oath to the Clergie cannot be consistent with the priviledges of the Nation Whereas it is evident that in three or foure yeers this Nation is so weary of the Presbyteriall encrochments that they can no longer possibly endure them 7. But by your words it seems when and while the Clergy were a distinct corporation from the Laitie the Oath had this sense viz. that the Kings oath to the Clergie was consistent with the priviledges of the Nation That must be the sense if I know what sense is But the Clergie were and are a distinct corporation In ceasing to be Popish we are not ceased to be Preists neither is that necessary and just exemption or distinction yet abolisht If it be why are you so zealous to distinguish us and our privileges from the people and their priviledges Whereas if we be all one without distinction our priviledges must needs be the very same and so no inconsistencie at all But of this more fully Chap. 11. 8. A Popish exemption it was for the Clergie to be free from the Kings 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 Kings Coronation it is publickly acknowledged that the Bishops and their Churches are under the Kings government The Antichristian usurpation is condemned and true Christian subjection justified The King is the â—nely Supreme O vernâ—r to him we owe obedience and to others for him and under him And though all Antichristian usurpation were abolishâ—d upon the death of Queen Mary yet in all the Acts since that time to this present Parliament the Lords spirituall are distinguished from the Lords temporall the Clergy from the Laity and the Convocâ—tion from the Parliament Yea even in these times of confusion the Clergie are doomed by your great Masters to be unfit for Lay or Civill imploiment If there be no such men then was that sentence sencelesse 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 Kings Oath therefore to us is still binding especially since our immunities may as well subsist with the priviledges of the Commons as the priviledges of Bristoll with the Franchizes 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 there is a plain intent to make the Clergie slavery which was far from the intention of this Oath till your faction prevailed in the change But what inconvenience will follow if we confesse that the intention of the Oath was changed with the change of our condition Not that which you aime at For therein and so far forth onely 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 Preists we are still onely 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 Preists were subject to the Pope but we submit wholly to the King And I hope we shall not fare the worse for that The Kings Oath is to protect the Church as it is not as it was not as she was popish and superstitious but as she is Catholick and Apostolike 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 faine enforce us to our old vomit for we cannot but discern that a far more intollerable 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
tenths which Lay Impropriators are seldome charged with To the King we grant and pay subsidies after an higher rate then any of the Laity by many degrees Where then are the two Supremacies which we erect 12. 'T is true indeed that For deciding of controversies and for distribution of Justice within this Realm there be TWO DISTINCT JURISDICTIONS the one ECCLESIASTICALL limited to certain spirituall and particular cases The Court wherin these causes are handled is called Forum Ecclesiasticum the Ecclesiasticall Court The other is SECULAR and generall for that it is guided by the Common and generall Law of the Realme Now this is a maxime affirmed by the Master of the Law that The Law doth appoint every thing to be done by those unto whose office it properly appertaineth But unto the Ecclesiasticall Court diverse causes are committed jure Apostolico by the Apostolicall Law Such are those that are commended by S. Paul to Timothy the Bishop of the Ephesians and to Titus the Bishop of the Cretians First to receive an accusation against a Presbyter and the manner how 2ly to rebuke him if occasion require 3ly If any Presbyter preach unsound doctrine the Bishop is to withdraw himself from him that is to excommunicate him 4ly In the same manner he is to use blasphemers disobedient and unholy persons false accusers trucebreakers Traitors and the like 5ly The Bishop is to reject that is to excommunicate all Hereticks after the first and second admonition 13. These things the Ordinary or Bishop ought to do De droit of Right as Sir Edward Coke speaks that is to say he ought to do it by the Ecclesiasticall Law IN THE RIGHT OF HIS OFFICE These censures belong not to secular Courts they are derived from our Saviours Preistly power aud may not be denounced by any that is not a Preist at least And a Maxime it is of the Common Law saith that famous Lawyer that where the right is spirituall and the remedy therefore ONELY BY THE ECCLESIASTICALL LAW the câ—nusans thereof doth appertain to the Ecclesiasticall Court But A BIHOP is regularly THE KINGS IMMEDIATE OFFICER to the Kings Court of Justice in causes Ecclesiasticall Therefore not a company of Presbyters no rule for that And this is it that wrings and vexes you so sorely For your a me is to share the Bishops Lands and Jurisdiction among you of the Presbyteriall faction This your vast covetousnesse ambition have of late cost the Church full deere and have been a maine cause of these divisions and combustions By these means you have made a forcible entrie upon Nabaoths Vineyard It were well Ahab and Jezabel would beware in time However wise men consider that every one that steps up to the Bar is not fit to be a Judge nor every one that layes about him in the Pulpit meet to be a Bishop 14. Besides in those Epistles this power is committed to single Governors to Timothy alone and to Titus alone But Timothy and Titus were Bishops strictly and properly so called that is they were of an higher order then Presbyters even of the same with the Apostles Hence is that of S. Cyprian Ecclesia super EPISCOPOS constituitur omnis actus Ecclesiae PER EOSDEM PRAEPOSITOS gubernatur The Church is settled upon BISHOPS and every Act of the Church is ruled BY THE SAME GOVERNORS By Bishops not by Presbyters Now the word of God is norma sui obliqui the rule whereby we must be regulated from which if we depart we fall foule or runne awry Since then the Church is settled upon Bishops it is not safe for any King or State to displace them lest they unsettle themselves and their posterity They that have endeavoured to set the Church upon Presbyters have incurred such dangers as they wot not of For if we beleive S. Cyprian they offend God they are unmindfull of the Gospel they affront the perpetuall practise of the Church they neglect the judgment to come and endanger the souls of their brethren whom Christ dyed for Neither is this the opinion of S. Cyprian onely Ignatius speaks as much 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 As many as are Christs cleave fast to the Bishop But these that forsake him and hold communion 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with the accursed shall be cut off with them This is Ignatius genuine resolution attested by Vedelâ—us from Geneva and if true a most dreadfull sentence for those that endeavour the extirpation of Episcopacy 15. As for the Priviledges of the Clergie which you are so earnest to ruinate I shall manifest that they have footing in the Law of Nature in the Law of Moses and in the Gospel In the Law of Nature Abraham give tithes to the Preist of the most high God The Preists in Egypt had lands belonging to them as also portions of the Kings free bountie And the same Law of Nature taught Pharoah and Joseph not to alienate either the Preists lands or other their maintenance in time of extremest famine By the light of Nature Aâ—taxerxes King of Perfia decreed that it should not be lawfull for any man to lay toll tribute or custome upon any Preist Levite Singer Porter or other Minister of the house of God And King Alexander sonne of Antiochus Epiphanes made Jonathan the High Preist a Duke and Governor of a Province He commanded him also to be clothed in purple and caused him to sit by or with his own Royall Person He sent also to the same High Preist a Buckle or collar of Gold to weare even such as were in use with the Princes of the blood And by Proclamation he commanded that no man should molest the High Preist or prefer complaint against him And can it be denied that Melchisedec Preist of the most high God was King of Salem and made so by God himself 16. In the Law the Lord made Aaron more honourable and gave him an heritage He divided unto him the first fruits of the increase and to him especially he appointed bread in abundance For him he ordained glorious and beautifull garments He beautified Aaron with comely ornaments and clothed him with a robe of glory Upon his head he set a miter and a crown of pure gold upon the miter wherein was ingraved Holinesse And this if I mistake not is that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which Philo tels us was set upon the Preists head and is the cheife ornament of the Eastern Kings The reason he gives for it is this because while the Preist is discharging his dutie he is more eminent then any person whatsoever even then Kings But I rather conceive it was because at that time he represented or prefigured the Royall Preisthood of our Saviour 17. For the Gospel we have prophecies in what state and honor
to slip in the Presbyters they are not the men they are not called for These are Episcopall privileges all other Ecclesiasticall persons are to be contented with those liberties and free customes quas priùs habuerunt which they enjoyed heretofore 8. The Writ summoned this Parliament for the defence of the Church of England Herein you have also made the Writ void for you have destroyed the Church of England And in destroying the Church you have destroyed the Writ The Commission is for defence they then that destroy what they are bound to defend overthrow their Commission Our Saviour sent his Apostles to preach peace to blesse and not to curse to please God and not man If then we preach warre and not peace if we curse when we ought to blesse if we please men and not God we forfeit our Commission S. Paul is plain If we please men we are none of Christs servants much lesse Apostles For his servants we are whom we obey whom we please If then we prove faithlesse and unprofitable servants we shall be turned out of our Masters house even out of doores and cast into outer darknesse Upon these grounds I argue thus He that overthrows the prime intention of the Writ overthrows the Writ But you have overthrown the prime intention of the Writ Therefore you have overthrown the Writ That you have overthrown the prime intention of the Writ I prove thus The prime intention of the Writ is for the State and defence of the Church of England But you have overthrown the State and defence of the Church of England You have therefore overthrown the prime intention of the Writ The second Proposition cannot be denied it is so palpably true The former is Sir Edw Cokes his words are these The State and defence of the Church of England is first in intention of the Writ And if the Writ be made void all the processe is void and so farewell Parliament 9. Besides I have learned that the assembly of Parliament is for three purposes First for weighty affairs that concern the King Secondly For the defence of his Kingdome And thirdly for defence of the Church of England For the King no question but the Bishops are faithfull to him We see they have constantly adhered to him in these times of triall In Gods and the Kings cause they have all suffered and some died commendably if not gloriously For the defence of the Kingdome none more forward with their advice purses and prayers And for the Church who so fit who so able to speake as Bishops Versed they are in the divine Law in Church history and in the Canons of the Church They fully understand not onely the present but the ancient state of the Church They know what is of the Essence of the Church what necessary and what convenient onely what is liable to alteration and what not These things are within the verge of their profession and most proper for them to speak to 10. When King David first resolved to bring up the Arke of the Lord from Kiriath-jearim into his own Citie he consulted with the Captains of thousands hundreds cum universis Principibus and with all his Princes about this businesse By their advice he orders that the Arke should be carried in a new Cart and Vzzah and Ahio are to drive it But what becomes of this consultation An error was committed clean thorough and Vzzah suffers for it Though David were a marvelous holy man and a good King and had a company of wise religious Councellors about him in the removall and ordering of the Arke they were mistaken because they did not advise with the Preists about it For the Preists lips preserve knowledge they shall inquire of the Law at his mouth And the Law will not have a Cart to carrie the Arke nor Lay-men to meddle with it David saw his mistake with sorrow and confesseth to the Preists that he and his Councellors had not sought God after the due order And why so Quia non eratis praesentes so the Fathers read because the Preists were not present he had not consulted with them about this sacred businesse And hence it is that they did illicitum quid somthing that was unlawfull That then a thing be not unlawfull we must consider not onely what is to be done but the order and manner is to be considered how it ought to be done least failing of the due order it prove unlawfull Most Christians know bonum what is good but few are skilled in the bene how it ought to be done and that is it that makes so many ruptures so many breaches and factions in the world because every man will prescribe the order and manner which God knows they ttle understand 11. When therfore David had once more resolved to fetch up the Arke from the house of Obed Edom he calls for the Preists and acknowledgeth that none ought to carrie the Arke of God but they and that therefore the Lord had made a breach upon him and his because the Preists had not brought it up at first That this fault may be duly and truely mended David commands the Preists to sanctifie themselves and to bring up the Arke They did so they brought it up upon their shoulders according to their dutie And God helped the Levites that bare the Arke because it was now done in due order It is no shame then for us to acknowledge our error with David and with him to amend what is amisse Yea this was such a warning to him that he would not so much as resolve to build an house for the Lord till he had acquainted the Prophet Nathan with it In matters therefore that concern the Arke of the Covenant the Church of the living God it is not safe to do any thing without the Preists advice If then the cheif and maine end of calling a Parliament be for the good of the Church it is most necessary to have the cheif Fathers of the Preists present But Sir Edward Coke assures me that this is the main end of calling a Parliament His words are these Though the State and defence of the Church of England be last named in the Writ yet is it FIRST IN INTENTION And what is first in intention is chiefly aimed at all other things that are handled are but as means to effect that It is not then incongruous but most consonant to the calling of Bishops to sit and Vote in Parliament 12. Besides if the honour of God and of holy Church be first in intention how shall the honour of God and of the Church be provided for how defended when the Fathers of the Church are discarded who know best what belongs to Gods honour who are most able to speake in defence of the Church to shew how she ought to be
and these disasters shall end in a Crowne 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 the King is ingaged to his power to protect the Bishops and their priviledges 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 nursing fathers to the Church and by the same God this ingagement is put upon them Not by man not by the Author as you seem to intimate nor yet by the Bishops One of the Bishops indeed in the behalfe of his brethren and the whole Clergie humbly beseecheth his Majestie to protect and defend to them and to the Churches committed to their charge all Canonicall priviledges 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 solemne Oath upon Gods own book to observe the Premises This ingagement then is not put upon the King but with a willing heart he takes it upon himselfe acknowledging that he ought to do so if he be a good King Yea saith Sir Edward Coke the King is bound and sworn to the observation and keeping of Magna Charta His Majestie then is but intreated to do what he is sworne and bound to do And since sworne and bound he may not with a safe conscience give them up to the wild boares of the forrest to root up the plants or suffer the wild beasts of the field to devour this Vine which the Lords right hand hath planted 2. That the King is bound no further to exercise his power in the protection of the Church then 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 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 dutie he is so far from being injurious to the rest of his people that if he should forbear it it would prove the greatest mischeife that can be imagined to his people and to their posterity in their soules in their estates and a perpetuall infamie to this Nation I need not prove it now it is already done Cap. 8. Sect 10. 11. c. 3. That his sacred Majestie 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 onely bound but he finds it more then necessary to protect and preserve them for in protecting them he protects himself his throne and his posterity Alas he was strook at thorough the Bishops sides His wise Father descried this long since No Bishop no King What the Father spake his Sonne our good King hath found true by woefull experience His Crowne hath sunke with their Miters 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 our Saviour was by Judas If his Majestie 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 Soveraigne 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. If after all this He must perforce let the Bishops fall you and your Schisme have much to answer for that have driven him to this necessity You seem to pitie his good subjects who with their blood have endeavoured to support Episcopacy Their swords were not drawn to maintaine this Government or the Religion established they never learned to fight for Religion What they did was done in submission to his Majesties just commands and to manifest their allegiance But if these be good that have indangered 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 waspes find it he must look to his eares 6. I must confesse it is an hard case for one man to ingage his life for the maintenance of other mens privileges But who did so Not a man ingaged himself but the Kings command the Oath of Allegiance and the Laws of the Land ingaged every good Subject to assist his Soveraign 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 suppresse those seditious and sacrilegious persons which plotted and covenanted the ruine of Religion root and branch Though much the greatest part of the Nobility Gentrie and learned in the Law were deservedly moved to see Majestie dethroned and blasphemed Religion spurned at and vilified the Fathers of the Church scandalized and persecuted the Laws of the Kingdom and liberties of the Subject sleighted 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 backwardnesse or unwillingnesse but pious discretion which ever waits upon the Soveraigns call When therefore His Majesty had set up his Standard I may truly say the governors of our Israel offered themselves WILLINGLY among the people they did the King service to the utmost Had there not been a back-doore to let in a forrein Nation to divide the Kings forces had not some of the Nobles of Judah conspired with Tobiah held intelligence with him and acquainted him with Nehemiahs secrets there never had been so many Thanksgiving dayes 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 Partrige upon the mountains to be frighted from his throne and to live like a
dutie to be Master of his negative voice and to deny consent If he deny consent he does his dutie observes his Oath If he yeeld assent he breaks his oath and failes of his dutie And this will prove no lesse then sin I have already demonstrated that Episcopacy is agreable to the word of God and that it is the Institution of Christ himself It is sinne therefore to abolish it or to consent to the abolishing thereof You neither have nor can justifie the contrary out of holy writ or from the ancient and Apostolike Church And yet the Observations upon the Ordinance for Ordination have been extant in Print above these three years But you and your Assembly Rabbines take no notice of it because you have not what to say against it 19. But though you have neither Scripture Councels nor Fathers for the abolishing of Episcopacy yet you have reason grounded upon policy to worke his Miajestie to yeeld to this abolition For say you he cannot now deny consent without sin It seemes then he might without sin deny consent heretofore but not now And why not now as well as heretofore Because say you if he consent not there will evidently continue such distraction and confusion as is most repugnant to the weale 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 vertue and piety in Queen Elizabeth and all their religious ancesters 20. Where no Law is there is no transgression Before then 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 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 the fundament all Law of this Kingdom approves of them They then that are enemies to Bishops are enemies to the fundamentall Law of this Kingdom And what is fundamentall is in and of the foundation If then a Law be made to extirpate Bishops it grates upon the foundation it is against the fundamentall Law of this Realme it contradicts that Law of Laws the word of God Besides we are assured by that learned in the Law Justice Jenkins that it is against the Kings 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 onely 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 ruine 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 your self in this manner It is not in the Kings power to consent to the abolition of Episcopacy because he cannot now yeeld 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 opprest so trampled on and almost breathing out her last In truth it is palpable that these seditious and irreligious courses have ingendred and propagated and will continue such distraction and confusion in Church and State as is most repugnant not onely to the present but to the eternall 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 unlesse Episcopacy be abolished if seems you are resolved to continue these distractions But God knows and your words testifie that it is not the calling or the office of a Bishop that is offensive it is their honour and their wealth which you aim at these with their revenues must be shared amongst you of the Presbyterian faction and then all shall be well Till then we must look for nothing but fire and sword Hence it evidently appears that neither Episcopacy nor the Kings dissent but your ambition and avarice have been the true cause of these distractions and combustions 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 Miter and go into the most holy place as well as Aaron And yet who dares say that the Priestood was the cause of those uproars 23. That insurrection was against Moses and Aaron against Prince and Priest but against the Prince for the Priests sake because the Prince would not endure that every one should meddle with the Priests office or strip him of his means and honour That conspiracie was linsie-woolsie loomed up of Clergie and Laitie Korah the son of Levi was the ring-leader and with him two hundreth and fiftie of his own Tribe To these were joyned 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 crie the same then that is now 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 Wherfore then lift ye your selves 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 falsly cast upon him Ye take too much upon you ye sons of Levi. What Is it not enough for you that God hath separated you from the multitude that he hath taken you neer himself to do the service of the Lords tabernacle but you must have the Priests office But you must be offering incense as well as the High Priest The Priest of the second Order would needs be equall
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 neer himself to do the service of the Lords house and to administer the Sacraments but you must have the Bishops office But you must be giving Orders as well as the Bishop Surely this is to assume that power to your selves 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 schismaticall and seditious persons the tumult ariseth afresh against Moses and Aaron they cry out upon them as murderers as if these two had slain the people of the Lord for thus they call that factious and damnable crue But the Lord decided the controversie and shewed manifestly who were His first by consuming the mutineers with the plague and secondly by causing Aarons rod when it seemed to be quite dead to revive even to bud and blossom and bear fruit in the Tabernacle Thus the mouthes of the rebellious Children were stopped and Gods Ordinance justified Oh that salvation were given unto Israel out of Sion Oh that the Lord would deliver his people out of Captivity Oh that we might see Aarons rod once more bud and blossom and bring forth Almonds Then should Jacob rejoyce and Israel should be right glad CHAP. XVII Whether there be two Supremacies in this Kingdom 1. IN this Treatise 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 Lamiae those witches that were blind at home but quick-sighted abroad Thou that findest fault with another doest the same thing For do not you say plainly that there 's a Supremacie in the King and a Supremacy in the Parliament I hope you know your own language Clodius accusat It is an usuall thing for your confederacie to charge the King and his good Subjects with that which your selves are either guilty of or intend 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 Kings Highnesse is the ONELY SUPREME GOVERNOUR OF THIS REALME and of all other his Highnesse Dominions and Countreys But the King hath been so long out of your eye that he is now out of your minde and the Parliament shall at least be his corrivall in the Supremacy Take heed take heed of perjury I can tell you of severall Acts of Parliament since the Reformation that lay a penaltie of fourty pounds upon every particular perjurie If His Majestie had all these forfeitures they would satisfie his debts and make him a glorious King after all these pressures 3. But you clip His Majesties wings though ye make him flie and tell us as 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 GOVERNOUR OF THIS REALM or State And that he is so as well IN ALL Spirituall or Ecclesiasticall things or causes as Temporall If He be the onely Supreme how shall we find another Supreme or an equall to him within his own Dominions If He be so in all things and causes both Ecclesiasticall and Temporall what thing or cause is there wherein he is not the onely Supreme or wherein he hath any other Supreme joyned to him For certain these particles Onely 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 onely 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 glasse that makes a molehill as bigge as a mountain and a Spider as large as a Sea-crab But when the multiplying glasse is layed aside the spider will be but a spider 5. Well let us see how you make good this twofold Supremacy The Supremacy or the Supremum jus Dominii that is over all Laws figere or refigere to make or disanull them at pleasure is neither in the King nor in the Houses apart but in both conjoyned Here then we are fallen back to one Supremacy And this Supremacy is not the Kings onely but it is the Parliaments as well as his This is to skip from Monarchy to Aristocracy Kingdoms indure no corrivals and Kings have no Peers But this man hath found one thing wherein the King hath Peers and consequently is not the onely supreme Governour 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 beleeve it will appeare that the Supremacie over all Laws to make or disanull 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 ascribes Supremacy to the King Submit your selves 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 Kings are sent by God to them therfore we submit for the Lords sake All other civill Governours are sent by the King to them therefore we submit for the Kings sake that sent them Answerable hereunto are those passages in Tertullian that the Emperor is homo a Deo secundus solo Deo minor in Dei solius potestate a quo secundus post quem primus the man second to God and
King For the time that is already manifested to be at his Majesties pleasure And for the matter that is prescribed and limited by the King super praemissis tractare to consult and advise upon such things as the King nominates and prescribes And if credit may be given to Iohn Speede he tells us that the great Lawyers Judgments in King Richard II. time concerning orderly proceedings in Parliaments run thus That after the cause of such assembly is by the Kings Commandement there declared such Articles as by the King are limited for the Lords and Commons to proceed in are first to be handled But IF ANY SHOULD PROCEED VPON OTHER ARTICLES AND REFVSE TO PROCEED VPON THOSE LIMITED BY THE KING till the King had first answered their Proposals contrary to the Kings Command such doing herein contrary to the rule of the King ARE TO BE PUNISHED ASTRAITORS And he cites the Law books for what he saies Truly I am the rather induced to beleeve what Speed delivers because Sir Edward Coke gives us the reason why and how far forth the King relies upon his Parliaments The King saith he in all his weighty affairs used the advice of his Lords and Commons so great a trust and confidence he had in them Alwaies provided that both the Lords and Commons keep them within the Circle of the Law and Custom of the Parliament The reason why the King useth their advice is because he hath a great trust and confidence in them But alwaies provided that they keepe themselves within the Circle of the Law and Custome of Parliament But how if they deceive the Kings trust and abuse his confidence How if they break the Lawfull Circle and transgresse the Customs of Parliament How then What Speede hath recorded I have shewn you But what the King may do in this case I shall leave to the Masters of the Law to determine 13. Last of all the King regulates their consultations For in his breast it is whether their Bills shall become Laws or no. Observe though the advice and assent be theirs yet the power of Ordaining Establishing and Enacting is in the Soveraigne The Statute books shall be my witnesses THE KING by the advice assent and authority aforesaid HATH ORDEINED AND ESTABLISHED And again BE IT ENACTED BY THE QUEENS MOST EXCELLENT MAJESTIE with the assent of the Lords Spirituall and Temporall and the Commons c. Hence is it that they are called The Kings Laws And the King is called the head of the Law because from him it is derived from him the Law receives both life and force His breast is the Shrine or deske wherein all the Laws are stored up and preserved If any man make question of this present experience will satisfie him For do not the Houses at this day Petition His Majestie to make that a Law which they have voted Take their own words in that high Message sent to Holdenby house in March last We the Lords and Commons assembled in the Parliament of England c. Do humbly present unto your Majestie the humble desires and Propositions agreed upon by the Parliaments of both Kingdoms respectively Vnto which WE DO PRAY YOUR MAJESTIES ASSENT And that they and all such Bills as shall be tendered to your Majestie in pursuance of them or any of them may be ESTABLISHED AND ENACTED FOR STATUTES AND ACTS OF PARLIAMENT by your Majesties Royall assent Which words though very high do manifest that there is neither Majesty nor Supremacy nor power in this or any other Parliament to make or repeale Laws It is at the Kings pleasure to establish and enact them for Laws and Statutes or not This our neighbour Scotland sees and confesseth that Regall power and authority is chiefly IN MAKING AND ENACTING LAWS Declarat of the Kingd of Scotland p. 18. 14. From hence it appears first that there is no Supremacy in the Parliament without the King Secondly That the Supremum jus Dominii the supreme right of Dominion which is over laws to establish or disanull them is in the King alone For a Bill not established is of no force it is no Law 3ly that the King is the supreme Magistrate as you are pleased to call Him from whom all power of execution of Laws is legally derived And 4ly if the power of execution be derived from the King much more is the power to regulate For he that gives them power by his Commission to put the Laws in execution he gives them rules in the same Commission whereby they must be guided and sets them bounds which they may not passe If they transgresse either the King hath a legall power to revoke their Commissions and to dispose of them to whom and when he pleaseth Hence is it that all Courts and the Judges of those Courts are called the Kings Courts and the Kings Ministers of Justice And when we are summoned to appear in any Court of Justice the Processe runs Coram Domino Rege before our Lord the King because the Kings person and power is there represented And though His Majestie be over-born and against all Law and reason kept from his Courts of Justice yet in all Writs you are fain to abuse his Name though he be no way accessary to these lawlesse and illegall proceedings How these Courts have been regulated since His Majesties forced departure this Kingdom is very sensible and laments to consider it God amend it 15. Upon these grounds I argue thus They that are Subjects they that are suppliants they that owe obedience to an higher they that cannot lawfully convene or consult till they be called by another they that must dissolve their meeting at anothers command they that are to be regulated by another they that can onely advise perswade entreat but not enact a Law have no Supremacy But the whole Parliament sever'd from the King are Subjects are suppliants they owe obedience to an higher they cannot lawfully convene or consult till they be called by His Majestie at his command they are to dissolve their meeting by him they are to be regulated and without him they cannot enact a Law The Major is evident to every intelligent eye The Minor is demonstrated Sect. 6. 7. 8. 9. 10. 11. 12. 13. I must therefore upon these premises necessarily conclude that the Parliament in that sense you take it hath no Supremacy 16. That nothing may be wanting I shall give you the resolution of our Sages at Law concerning the Kings unseparable and incommunicable Supremacy that so all mouthes may be stopped Bractons resolution is this Rex habet potestatem jurisdictionem super omnes qui inregno suo sunt The King hath power and jurisdiction over all within his own Kingdom Plowden saith as much The King hath the SOLE GOVERNMENT of his Subjects Here is no man no Societie of men exempted all under the King and solely under the King Where then is the Parliaments