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A28864 Master Geree's Case of conscience sifted Wherein is enquired, vvhether the King (considering his oath at coronation to protect the clergy and their priviledges) can with a safe conscience consent to the abrogation of episcopacy. By Edward Boughen. D.D.; Mr. Gerees Case of conscience sifted. Boughen, Edward, 1587?-1660? 1650 (1650) Wing B3814; ESTC R216288 143,130 162

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good King ought to be a Protector and Defender of the Bishops and Churches under his Government Rex With a willing and devout heart I promise and grant my part and that I will preserve and maintain to you and the Churches committed to your charge all Canonicall priviledges and due Law and Justice and that I will be your Protector and Defender to my power by the assistance of God as every good King in his Kingdome by right ought to protect and defend the Bishops and Churches under his Government Then the King ariseth and is led to the Communion Table where he makes a solemne Oath in sight of all the ●●op●e to observe the premises and laying his hand on the Booke saith The Oath The Things that I have before promised I shall perform and keep so p 〈…〉 me God and the Contents of this Book The Contents CHAP. I. VVHether the King may lawfully consent to the abrogation of Episcopacy 1. CHAP. II. Whether the Kings Oath taken at his Coronation be an unlawfull Oath 4. CHAP. III. Whether Prelacy in the Church of England were an usurpation 9. CHAP. IV. Whether the King may consent to the abrogation of Episcopacy if so that calling be lawfull 18. CHAP. V. Whether ye have not bound your selves by your Solemne League and Covenant to maintaine Episcopacy 22. CHAP. VI. Whether the King without impeachment to his Oath at Coronation may consent to the abrogation of Episcopacy 31 CHAP. VII Whether the King may desert Episcopacy without perjury 37. CHAP. VIII Whether the Kings Oath to the Clergie be injurious to his other subjects and inconsistent with his Oath to the people 41. CHAP. IX How far forth and wherein the Clergie is subject to a Parliament and to what Parliament 52 CHAP. X. Whether it be lawfull for the King to abrogate the Rights of the Clergie 60. CHAP. XI Whether the Clergie and Laity be two distinct bodies or one body Politicke That Church-men in all ages had some singular priviledges allowed them 69. CHAP. XII Whether to sit and Vote in Parliament be incongruous to the calling of Bishops 78. CHAP. XIII Certaine light and scandalous speeches concerning Prince Preist tenderly touched 87. CHAP. XIV Whether the Lands of the Church may be forfeited by the misdemeanour of the Clergie 93. CHAP. XV. Whether it be lawfull to take away the Bishops Lands and to confer them upon the Presbytery 104. CHAP. XVI How far forth the King ought to protect the Church Bishops 114 CHAP. XVII Whether there be two Supremacies in this Kingdome 127 Mr. GEREES Case of Conscience SIFTED CHAP. I. Whether the King may lawfully consent to the abrogation of Episcopacy 1. I Find a Case of Conscience proposed by Mr. Geree and this it is Whether the King considering his O that Coronation to protect the Clergie and their Priviledges can salvâ conscientiâ consent to the abrogation of Episcopacy But why I pray you is the question proposed here when you have determined it before For doth not your Title page speak thus In this Case of Conscience it is cleared that the King may without impeachment to his Oath touching the Clergie at Coronation consent to the Abrogation of Episcopacy Thus you have full magisterially determined before the question be so much as proposed Is this the fashion first to resolve and then to argue the case This may be the course of Hereticks it is otherwise with good Catholicks But you are resolved to maintain that a Christian may swear and forswear without the least prejudice to his soul 2. And your practice is accordingly witnesse the Oaths of Allegiance and Supremacy which you with your great Masters have taken more then once And those of your perswasion have taken up Arms against their Soveraign Lord without impeachment to their Oath of Allegiance and maintain that The Parliament is subordinate to no power under Heaven without any breach of the Oath of Supremacie And your self like a good Preacher of Gods Word have taken the Oath of Canonicall obedience to the Bishop and yet endeavour the abrogation of Episcopacy and the extirpation of that Order from whence you had your Orders and without which you could have had no Orders 3. Me thinks the Smectymnuans should not endure this Proposition since with them a Bishop and a Presbyter are one and the same Thus while you endeavour to ruinate Episcopacy you subvert the Presbytery according to their tenets I wonder much how your case hath passed so long unsifted and uncensured by the Divine Masters of your learned Assembly 4. But I shall take it for your best advantage as it is distinguished or as we say a distinct order from Presbytery I shall also take into consideration the severall motives which you produce for the Abrogation of Episcopacy 5. Whereof your first is this that there is no hope of the Kings or Kingdoms safetie without an union between our King and Parliament I must confesse with anguish of spirit as matters have been handled the King and Kingdom are driven into a great streight and an Vnion between our King and your Parliament hath been prayed for and sought for by all commendable or tolerable means The hope left us is onely in our God and Saviour whose custome it is to scatter the proud in the imagination of their hearts to pull down the mighty from their throne and to exalt the humble and meek Thus can he shew strength with his arm and do great things for us And this I hope in his due time he will do and reduce this Kingdom from irreligion and sacriledge and not cast off the innocent with the prophane blasphemers Oh that we might begge that blessing from Heaven to see a Parliament rightly regulated religiously minded and with-out any by ends of their own men of courage fearing God men dealing truly hating covetousnesse Such as will not be led by a multitude to do evil or to subvert the truth I am certain we should then have an Union a blessed Vnion between King and Parliament 6. But by you it seems that there is now no probable or possible means of reconciliation left in mans judgement unlesse the King yeeld to the extirpation of Episcopacy You should have added unlesse he lay down his Lands Royalties and just Prerogatives at his Subjects feet unlesse he abandon the wife of his bosome and become a stranger to the Children of his loins unlesse he sacrifice his friends to the malice of his foes and the ruine of whole families to their avarice unlesse he cast off the Service of God that most excellent form of Common Prayer and give up the houses and lands of God and all that is accounted holy to satiate their sacrilegious appetite 7. But in sober sadnesse do you beleeve that the Abrogation of Episcopacy is that they yawn at You are mistaken good brother the Episcopall houses and lands as also what ever belongs to Deans and
lesse then God onely That he is in the power or under the Command of God onely from whom he is the second and after whom he is the first Optatus saies as much Super Imperatorem non est nisi solus Deus qui fecit Imperatorem There is none above the Emperor but God alone who made him Emperor And what the Emperor was in the Empire the same is the King of England within his own Dominions For the Crown of England hath been so free at all times that it hath been in subjection to no Realm but IMMEDIATELY SUBJECT TO GOD AND TO NONE OTHER Hence is it called an Empire and the Imperiall Crown of this Realm 7. The Greeke Commentators are so full for obedience to Kings that they will not yeeld that an Apostle may be freed from this subjection This doctrine S. Paul justifies I stand saith he at Caesars Judgment seat WHERE I OUGHT TO BE JUDGED And after this appeal he resolves that no man not the President himself may judge him or deliver him to be judged by any other Nay after this the President himself might not release him So King Agrippa Had not this man appealed to Caesar he might have been set at liberty Are not these strong evidences of the Kings Supremacy That learned Grotius gives a sure rule whereby to know on whom the Supremacy is settled That saith he is the Supreme civill power cujus actus alterius juri non subsunt whose actions are not subject to any other mans censure or Law But such is the King Qui sub nullo alio sed sub solo Deo agit who lives in subjection to none but to God onely For who may say unto him what doest thou When therefore David had sinned he cries out unto the Lord In te solum peccavi against thee onely have I sinned thou onely canst call me to account Hence is that resolution of all the learned of this Church in the time of King Henry VIII among whom were Bishop Carnmer and Bishop Latymer Although Princes do otherwise then they ought to do yet God hath assigned NO JUDGES OVER THEM in this world but will have the judgement of them reserved to himself And the judgement of the great Lawyers in France is this Rex solus THE KING ONELY IS THE SUPREME LORD of all the Subjects aswell Lay as Ecclesiasticall within his own Dominions All other men live under judgment cum deliquerint peccant Deo peccant legibus mundi and when they offend they sinne against God and against the Laws of the Land 8. But I know you relye more upon the Laws of this Land then upon the Laws of God and upon our Lawyers rather then the Fathers and out best Divines I shall therefore transgresse my profession shew you what their opinion is This Realme say the Statutes is an Empire whereof the KING IS THE SUPREME HEAD and consisteth of the Spiritualty and Tempora●ty OVER WHICH THE KING HATH WHOLE POWER AND JURISDICTION Are you of this Realm or are you not I●●on be then are you either of the spiritualty or tempora●ty And if of either then wholly under the Kings power The whole power is his Why seek you to rob him of it Of this Realme the King not the Parliament is the Supreme head One head not two He that makes two Supremacies makes a Bul and he that se●● two heads upon one body frames a monster 9. Indeed they are so far from having any Supremacy that they are Subjects as well in as out of Parliament When King Edward the Confessor had all the Earles and Barons of the Kingdome assembled in Parliament he cals them all his leige men My Lords you that are MY LEIGE MEN. Perchance you may say the King calls them so but that makes them not so You shall therefore have their own acknowledgement in Parliament thus We your most loving faithfull and obedient SUBJECTS REPRESENTING THE THREE ESTATES OF YOUR REALME of England Thus the whole Parliament united into one body False therefore is that proposition that the King is Major singulis sed minor universis greater then any and lesse then all the Inhabitants of this Realme For here the representative body of the three Estates of this Kingdome assembled in Parliament in their highest capacitie acknowledge themselves to be the Queens Subjects and her most obedient Subjects because to her they thus assembled did justly owe both subjection and obedience which none that are supreme can owe. And these are due to his Majestie à singulis ab universis from one and all from every one singly and from all joyntly 10. Secondly when they are assembled in Parliament they Petition as well as out of Parliament This is evident by the Acts themselves wherein we read that our Soveraigne Lord the King by the assent aforesaid and at the PRAIER OF HIS COMMONS The same words are repeated 2 Hen. 5. c. 6 9. And in Queen Elizabeths time the Parliament humble themselves in this manner That it MAY PLEASE YOUR HIGHNESSE that it may be enacted c. I might come down lower but I shall satisfie my selfe with Sir Edward Cokes report who assures us that in ancient times all Acts of Parliament were IN FORME OF PETITIONS Mr. Geree himselfe acknowledgeth they should be so now The King saith he may passe a Bill for the abolition of Episcopacy when HIS HOUSES OF PARLIAMENT think it convenient and PETITION FOR IT Either then the Houses have no Supremacy o● else they humble themselves too low when they Petition His Majestie But this Supremacy of Parliament is one of the new lights that were lately wafted into this Land in a Scottish Cookboate 11. Thirdly what Supremacy can there be in those that may not lawfully convene or consult till the King summon them and must dissolve and depart when the King command The Writ it self runs thus prelatis Magnatibus nostris QUOS VOCARI FECIMUS To the Prelates and our Nobles WHOM WE HAVE CAUSED TO BE CALLED And Sir Robert Cotton out of Elie Register tels us that Parliaments were assembled at first as now Edicto Principis not at their own but at the Kings pleasure And Sir Edward Coke assures me that None can begin continue or dissolve the Parliament but BY THE KINGS AUTHORITY And let me tell you that if his Majestie shall withdraw himself from Parliament it is not for your great Masters to inforce him to return but to pray his presence and to inform his Majestie that if he forbear his presence among them fourty dayes that then by an ancient Statute they may return absque domigerio Regis to their severall homes This is all they ought or may do 12. Fourthly whereas according to your words the Parliament is to regulate all other Courts the Court of Parliament is to be regulated by the
Say not that in case of necessity Presbyters may ordaine when you maliciously make the necessity God provides for such necessities as are inforced upon us or happen casually and inevitably not for those whereinto we wittingly and wilfully plunge our selves Delve up the root God will hardly work a miracle to provide sap for the branches or body of the tree Sine nostro officio est plebi certa pernicies It is S. Austins Without our without the EPISCOPALL OFFICE there is certaine ruine to the people S. Austine was a Bishop when he resolved thus and wrote it to a Bishop That I may speake plainly God and the times require it No Bishop no Preist no Preist no Lords Supper no Lords Supper no Salvation according to the ordinary way prescribed by our blessed Saviour 8. This shall be made good first according to your Protestation secondly according to your Solemn League and Covenant In your Protestation ye have vowed in the presence of Almighty God to maintain and defend the true Reformed Protestant Religion expressed in the doctrine of the Church of England This doctrine is punctually and carefully delivered in the 39 Articles According to which Articles I proceed thus The ordinary way to heaven is by the Word and Sacraments No man may preach or administer the Sacraments but he that is lawfully called and sent None are lawfully called and sent but they onely who are called and sent by those that have authority But Bishops and onely Bishops have authority to send in this kind And therefore No Bishop no ordinary way to heaven 9 The first Proposition is not doubted of by Protestant or Papist it is therefore taken for granted The second Proposition is in terminis let down Art 23. It is not lawfull for any man to take upon him the Office of PUBLICKE PREACHING or MINISTRING THE SACRAMENTS in the congregation before he be lawfully called and sent to execute the same The third is likewise expressed in the same Article Those we ought to judge lawfully called and sent which be chosen and called to this work by men who have publick authority given unto them in the congregation to call and send Ministers into the Lords Vineyard And who are these men that have this authority Bishops onely Bishops So the 36 Article The book of consecration of Arch-Bishops and Bishops and ordering of Preists and Deacons doth containe all things NECESSARY to such consecration and ordering And whosoever are consecrated or ordered according to the Rites of that Book ●●e decreed to be RIGHTLY ORDERLY and LAWFULLY CONSECRATED and ordered But therein the Bishop onely hath authority to ordain And in the Preface to the Book of Ordination it is resolved that I is requisite that NO MAN SHALL EXECUTE ANY OF THESE ORDERS except he be called tried examined and admitted ACCORDING TO THE FORME FOLLOWING in that Book 10. Thus we cannot but see that according to the expresse doctrine of this Church of England without a Bishop no Sacraments and consequently no salvation For though God can save without meanes yet he hath tied us to the meanes and the meanes must be used if we desire to be saved This book was composed and set forth in the time of K Edward the sixt by those holy men who afterwards were blessed Martyrs and at the same time confirmed by full consent and authority of Parliament After this in the time of Queen Elizabeth it was again confirmed and alwaies ratified with the 39 Articles and the Clergie injoyned to subscribe to this booke in and with those Articles that so they might be known to be in Communion with the Church of England Thus far with the Protestation CHAP. V. Whether ye have not bornd your selves by your Solemne League and Covenant to maintain Episcopacy 1. NOw I descend to your Solemne League and Covenant wherein ye have publickly vowed to endeavour the Reformation of Religion according to the word of God and the example of the best reformed Churches I shall therefore prove first by the Word of God and secondly by the best reformed Churches that ye have solemnly bound your selves to maintain Episcopacy if so ye are resolved to keep this branch of your Covenant 2. First we know that there is no other name under heaven whereby we may be saved but onely the Name of our Lord Jesus Christ Secondly we are agreed that Faith comes by hearing and hearing by the Word of God Thirdly our Saviour saith flatly Except ye eat the flesh of the Son of man and drink his blood ye have no life in you We cannot therefore but acknowledge that without the Word and Sacraments there 's no salvation Since then all those that are in Orders exercise the ministration of the Word and Sacraments not in their own name but in Christs and do MINISTER BY HIS COMMISSION AND AUTHORITY we are therefore to enquire who have this Commission given them in and by the word of Christ For S. Paul wonders how any man can preach in publick except he be sent The Commission for preaching was immediately given by our B. Saviour both to the twelve Apostles and to the seventy Disciples To the twelve St. Luk 9. 2. St. Matth. 28. 19. To the seventy St. Luk. 10. 9. 16. The Commission to consecrate and administer the Lords Supper is given to the twelve Apostles St. Luk. 22. 19. 1 Cor. 11. 24. St. Paul and St. Matthias also were immediately admitted to the Apostleship by Christ himself These and onely these who are here mention'd were immediately ordained by our B. Saviour 3. But our Saviour having commanded and provided that All Nations should be taught and baptized and having instituted and in his holy Gospel commanded us to continue a perpetuall memory of his precious death untill his coming again that this might be done he gave his Apostles this large commission As my Father hath sent me even so send I you And how was that even to preach to baptize to consecrate and administer the Lords Supper to binde sinners and loose the penitent and to ordain other Apostles and Presbyters which might continue these blessings to his people in all ages As also else-where in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A gift ye have received give this gift The Greeks take not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 adverbially but substantively and I beleeve in the East they understand their own the Greek tongue better then we do in the West And as they were commanded they did S. Paul and S. Barnabas were Apostles and them we find ordaining Presbyters in every Church where they come Act. 14. 23. S. Paul himself ordains Timothy to be the Apostle or Bishop of Ephesus He gives the power of Ordination to Titus Tit. 1. 5. And acknowledgeth it to be in Timothy 1 Tim. 5. 22. These were the Apostles or Bishops properly so called of their severall Churches These had the