out of season as Timothy was to do 2 Tim. 4.1 2. But you are mistaken when you say that the Priests are in Scripture called the horse-men of Israel and the chariots thereof For that was spoken of Prophets not Priests viz. of Elijah and Elisha Parag. 16. You argue Alogically the King can have no Subsidies granted without them because none hath yet been granted a non esse ad non posse non valet argumentatio As ill do you abuse the Scripture against the King and Parliament as Removers of bounds who have rectified it confining Clergie men to their own sphear Divinity leaving seculars to secular-men therefore your curse causeles shall not come To parag 17. I say I delivered not ex tripode but out of the marrow of the act it self that the votes of Bishops in the house of Peers was taken away as incongruous to their calling and I infer nothing else to be taken away unless it seems good to King and Parliament whose wisedom and conscience I dare far better trust then yours and you abuse your Reader to say I argued from the bare fact when I argue from the fact with its ground to the like on the like warrantable ground And that the abolition of the one is no more against the Kings oath then the other which you confess yet you say flatly 123. If the King yield to let down Episcopacy he breaks his oath what then do you lay to his charge implicitly in consenting to the abolition of their votes but perjurie Is this you that can calumniate others without cause as spitting in the face of authoritie and yet do this and present it to the King himself to read his own doom But you distinguish between priviledges that are the grants of God and such as are of the favour of Princes such as sitting and voting with Peers The distinction is good and helps to clear what I intend that the King may alter the Prelacie in question which is but the gift of Princes not God See the erudition of a Christian man on the Sacrament of orders And Princes may revoke their own grants but for that jurisdiction which you say is a grant of God I confess it is but by him setled on Pastors the highest degree of Church officers now and those are presbyter-Presbyter-Bishops and therefore the setling of it on them in general is but restitution no donation of any thing new to the Presbyters nor unjust detraction from the Bishops who had without the grant of God ingrost all power into their own hands Case of Conscience resolved AGain when this oath was framed the Church was indued by the ignorance of the times with divers unlawful immunities in all which respects the oath was invalid being vinculum iniquitatis and some were pared off as light shined forth And why may not the great revenues of the Bishops with their sole jurisdiction in so large a circuit be indicted and convict to be against the edification of the Church and it be found more for the glory of God that both the revenue be divided to maintain a preaching Ministerie and their jurisdiction also for the better over-sight and censure of manners And then is there as good a plea notwithstanding the oath to alter this useless anti-Evangelical pompe and domination of a few as to antiquate other immunities arising from the error of the times not the tenure of Scripture Were indeed the priviledgs in question such as were for the advantage of the Church to further her edificacation or had the Prelates been good Stewards and innocent in the use of them then had the plea carried a fairer shew But these having been so many forfeitures by abuse and these great promotions and jurisdictions being as unwieldy to a spiritual souldier as Sauls armour to David and so do not further but hinder the work of the Gospel whose strong holds are to be vanquisht not by carnal pomp but spiritual furniture mighty through God 2 Cor. 10.4 I see no just ingagement to maintain such cumbersom greatness adding onely glory to the person not vigour to the main work of the Ecclesiastick Again thus I argue If the king may consent to alter the laws of the Nation notwithstanding his oath then so he may also the Clergies immunities for those rights and immunities they either hold them by law or otherwaies If by law then the Parliament which hath power to alter all laws hath power to alter such laws as give them their immunities and those laws altered the immunitie ceaseth and so the kings ingagement in that particular If their immunity be not by law it is either an usurpation without just title which upon discovery is null Or it was given by Papall power in times of darkness which being an Anti-christian usurpation is long since abolisht in this kingdom CHAP. VII Shewing that the Monarchicall jurisdiction and great revenues of the Bishops may be divided to the advantage of the Church in answer to Doctor Boughens 13. Chapter THis passage of my Case you attempt to answer chap. 13. and tell us that there 's a great cry against the jurisdiction of Bishops as inconvenient and prejudiciall to the the Church against unlawful immunities Anti-evangelicall pom pcumbersome greatness and forfeitures by abuse and these you say are cryed out of but none of them proved I answer the very expression were so clear of things obvious to every impartiall eye that proof seem'd needless and sure I am you would disprove it if you could it stands you upon which not doing it may pass for currant yet one quirk you have in this 1. parag on the word unlawfull immunities You argue if they were held by law then not un lawfull but legall I answer legall they were because allowed by mans law yet unlawful because against Gods law Your next quarrell is at the expression when the oath was framed the Church was indued by the ignorance of the times But you complain parag 2. I tell you not when this time was but what then do you not know it was in times of Poperie and do you think there was as much true light at Westminster then as now as you intimate in this parag Sure if you do you have not only a Bishop but as they say a Pope in your belly Parag. 3. You take notice that I conclude the Kings oath is invalid in these respects vinculum iniquitatis then you mention 5. particulars 4. of which you say you have quitted already but I have therein disproved you and do not you think that to exempt malefactors from trial that fled to Churches for sanctuarie and the Clergies exemptions from secular punishments which multiplied many slaughters by them as Daniel witnesseth in his story of Henry 2. pag. 83. and yet Becket Arch-Bishop of Canterbury asserted this as one of the liberties of the Church which the king had sworn to maintain pag. 84. I say did not these and such like think you flow from
Evangelists which is extraordinary Successors they may and must have in the work of ordination but in their office they have not but the same work is done by Pastors succeeding them in those acts of Discipline as well as in those of teaching and administring the Sacraments Neither need we be moved with the appellation which the Fathers bestow on them calling them Bishops of Ephesus and Crete and saying that St. Paul in them taught all Bishops For when Scripture calls them Evangelists and reckons Evangelists among extraordinarie offices that Christ hath given what authoritie is of force against this testimony Therefore we favourably interpret the saying of those Fathers that they call them Bishops with relation to the custome of their times who called them Bishops that did those acts that Timothy and Titus did not that they were properly so For they were of an higher order and did these acts as Evangelists which their successors are to do as ordinarie Pastors Neither will their being Evangelists hinder the use of their examples or the precepts given to them For the same acts done by whatsoever officer are to be done by the same rule and therefore as directions given to them for preaching so for acting in government are to be followed by other ordinary Officers upon whom by their decease the power and care of their acts are devolved though of an inferior order Timothy was to imitate Paul an Evangelist an Apostle and every Pastor is to imitate these Evangelists in such acts as are common to Evangelists with them Thesis 13. All Presbyters being of the same Order and that the highest of those that are now in the Church have by divine law equal power in places where the Holy Ghost hath set them Pastors and Bishops as to preach the word and administer Sacraments so to do all other acts of government when called requisite for the edification and perservation of the Church and the Bishop who is but primus Presbyter made by man for Orders sake can rightly challenge no Monopoly or sole interest but only a presidencie to guide rule and order that Presbyterie wherein acts of jurisdiction are exercised whether acts of ordination or deposition binding or loosing excommunicating or absolving This I prove by these reasons Argument 1. Those who are truly and equally the successors of the Apostles in ordinarie and necessary acts of the Ministry to those by their office belong all the acts of jurisdiction that are necessary and ordinary acts of jurisdiction But Presbyter-Bishops are such successors of the Apostles ergo The Major is clear of it self the Minor I prove thus Pastors are truly and equally successors of the Apostles in necessary and ordinarie duties of the Ministry as appears Ephes 4.11 Apostles Prophets Evangelists Pastors The three former were extraordinarie temporary and ceas'd so the Pastor must be the successor if they have any But Presbyter-Bishops set over the flock by the Holy Chost to feed it are equally and truly Pastors ergo The minor is clear from the definition of a Pastor which is an officer set over the flock of God to feed it definitio competit omni essentia non variatur gradibus See Acts 20.28 Argument 2. Those that by divine law are equall in the power of order those are equal in the power of government or jurisdiction All Presbyters first and second are equall in power of order ergo For the Minor that all Presbyters are equal in the power of order it may appear by the definition of the power of order Lib. 5. of the Church cap. 27 the power of order saith Field is that whereby persons are sanctified and inabled to the performance of such sacred acts as other men neither may nor can do as is the preaching of the Word and administration of the Sacraments Now all Presbyters See Field of the Church lib. 3. c. 39. as Field confesseth are equal in the power of Order yea not only he with other Protestants but many School-men and other Papists also as he there shews For every Priest saith Durand in regard of his Priestly power may minister all Sacraments ea quae sunt ordinum saith Aureolus omnes recipiunt immediatè à Christo ita quòd in potestate nullius imò nec Papae est illa auferre in 4. sent Dist 24. Art 2. Sect. tertia ratio c. And this also appears because they must all sit under the same title of Pastors Ephes 4.11 For the Major I prove it thus Power of jurisdiction is indeed but a branch of the power of Order A man by the power of order is made a Minister of Christ and so consecrated to serve Christ in all ministerial services required of such a Minister of Christ Now these services are to edifie the Church either by food or physick to further their salvation by word or rod of Discipline Now both these being ministerial acts and orders making a man a Minister hence it follows that they that are equall in orders in actu primo in regard of power when they have a call are equally inabled to the exercise of discipline or jurisdiction as well as preaching and consecrating Sacraments both being acts of that office to which he is advanc'd by orders And thus much Field doth ina manner confess Three things saith he are implyed in the calling of Ecclesiasticall Ministers First An election choice or designment of persons fit for so high and excellent imployment Secondly the consecration of them and giving them power and authority to intermeddle with things that pertain to the service of God to perform eminent acts of gracious efficacy and admirable force tending to the procuring of the eternal good of the sons of men and yield unto them whom Christ hath redeemed with his most precious blood all the comfortable means assurances helps that may set forward their eternal salvation Thirdly the assigning and dividing out to each man thus sanctified to so excellent a work that portion of Gods people that he is to take care of c. Now here plainly under assurances means and helps to set forward salvation acts of Discipline must needs be contained 1 Cor. 5.5 6. and this flows from power of order as its habit is actus primus induing a man with power * There is indeed this difference between acts of jurisdiction other acts of order the one every Presbyter may do alone the other only in a Presbytery So imposition of hands 1 Tim. 4.14 was in and by the Presbytery so censures 2 Cor. 2.7 by many But a Minister may preach baptize administer the Lords Supper alone and this was the use of the ancient Churches who had their Presbyters mentroned both in Scriptures and Fathers Now to streighten the Presbyter in this act of his orders he hath recourse to that feeble shift That the Bishop only is Pastor and the other Presbyters are but as it were curates under him which if true it is enough to
words of the oath The only objection as I conceive which lyeth against this is that though it be not in the Kings power to uphold them yet it is in his power not to consent to their fall Answ If the king should be peremptorie in denyal what help would this be to them Such peremptoriness in this circumstance might indanger his Crown not save their Miters Besides though it be in his power to deny assent to their abolition in a natural sence because voluntas non potest cogi yet is it not in his power in a morall sence because he cannot now deny consent without sin for if he consent not there will evidently continue such distraction and confusion as is most repugnant to the weal of his people which he is bound by the rule of government and his oath to provide for CHAP. XI Shewing that the King is not bound to protect the Bishops honours with the lives of his good subjects in answer to Doctor Boughen's 16. Chapter I Proceed to the answer of your 16. Chapter entituled how far forth the King ought to protect the Church and Bishops You begin it is confessed to my hand that the King is engaged to his power to protect the Bishops and their Priviledges as every good King ought in right to protect the Bishops and Churches under their government It is confessed that these are the expressions of the oath as it is set down by the Reviewer but you should conceive that I propose these two clauses as limitations of the kings engagement that is 1. To his power 2. only so far forth as in right he ought and I do not say the engagement is put upon him by the Author as you ignorantly suggest but that these are the expressions of the oath delivered by the Author but he is not in right bound to protect their priviledges against an orderly alteration by act of Parliament if any appear inconvenient to the whole body for that is not right Parag. 2. You confess the King is not bound further to exercise his power in protection of Bishops then he can do it without sinning And I after prove he cannot so protect them as to denie a Bill in that circumstance of affairs he and the land were in without sin what you answer to my proof will be seen in the sequel of this Chapter How I have answered your proofs that he cannot let fall Bishops without mischief to his people c. in your eighth Chapter let the Reader judge In that you say parag 3. That the Kings interposing the power he hath vexeth my confederacy Is I doubt your wilful ignorance for the frame of my Book might clearly enough hint unto you that I neither was of nor liked any confederacie against the King Neither have I as you say parag 4. Confest that what the King hath done is right Right it is indeed upon his principles But I do not think the King is bound in right to maintain Bishops in statu quo in the state wherein they were and he is willing now to regulate them by their Presbyters But whatever I confess in justification of the King is not as you say the justification of an enemy unless he that pleadeth prayeth suffereth for the King and his just and Kingly libertie be his enemy because he is against the usurping power of Bishops Parag. 5. If after all this he must perforce let the Bishops fal you and your schism have much to answer for Still a Slanderer it s none of my schism to force the King to let them fall for though I prove he may let them fall and that it is for the advantage of the Church that they should fall yet I was alwaies against forcing him to it for I think it is much more reason that his conscience should be left free in its determination then my own or any private mans in as much as God hath set him in so high a degree of eminencie in his Kingdoms But that you say the sword was never drawn on the Kings side to maintain Religion established They never learn'd to fight for Religion It is an ignorant speech misbecoming a D. D. For what juster cause of War or more weightie then to maintain Religion establish'd It s true we may not fight to set up a Religion which is true against the laws and authoritie of the land where we live that were against the direction to Christians under Heathen Emperors Rom. 13.1.2 But to joyn with authoritie to maintain Religion establish'd supposing it true with the last drop of our blood is the most glorious quarrel and so I doubt not but the Royal partie learned though not from you yet from better Divines For your clinch about good subjects It s frivolous for the War costs blood on both sides and the King loseth on both sides for all are his subjects and I doubt not but he hath good Subjects on both sides in regard of meaning and intention though its true one side must needs be in a grand error Parag. 6. You confess it is an hard case for one man to engage his life for the maintenance of anothers priviledges But who did so Not a man say you engag'd himself but by the Kings command which you after prove and state the question us you please But this is but to shuffle and alters the state of a question to elude the force of an Argument which you cannot answer That which I said was it was not equal for the King to engage by his command the lives of some to maintain the priviledges of others which I spake upon this supposition That if the King had condescended in point of Episcopacie the War would have been at an end Laws restored to exercise c. For both City and the Scotish Nation would have closed with him and for this cause alone viz. to maintain power of Bishops I say it would not have been equal to have engaged the lives of others nor were they willing as I have been informed Nobles nor others It may be the King thought condescention in this would not have set him and his people in quiet possession of their rights but I cannot but wish that it had been tryed that nothing lawful had been omitted by which there was any hope to have saved a great deal of misery that his Majestie his Royal relations and the whole Nation hath suffered But Par. 7. You deny them to be others priviledges and affirm them to be the peoples because they reap spirituals from them But truely I must tell you that the people reaped but little in spirituals from many of the Bishops who seldom preached themselves and rob'd many people of their spirituals by silencing their Ministers and though there were no Bishops in England the people may reap spiritual things from the Clergie as plentifully if not more then ever they did as well as without them they do in other reformed Churches But what you add That in
having never had institution nor induction it was never profer'd me but because he it seems hath been so ready to swear all must be in that bond but what if I had taken the oath I know no engagement to inhibit me to seek the abrogation of Episcopacy from the oath sith I was never forbidden by the Diocesan to seek it nay I can assure him that Dr. Bishop of Glocester Smith who imposed hands on me and in whose dioces while he liv'd I exercised my Ministry was of Ieromes mind that a Bishop was an humane creature as he exprest himself in conference to a friend of mine and so not unalterable For his 3 Parag. Touching Smectimnuus making a Bishop and an Elder all one a and thence his wonder how they indure my proposition being he knows that Author speaks of Bishop and Presbyter in a Scripture-sense which anon will cut his combe and I speak of a Diocesan Bishop as now he stands as he confesseth Parag. 4. That his quirk about Smectimnuus and the Masters of the Assembly is ridiculous trifling fitter for a boy disputing in Parvis to lengthen out an argument then for a D.D. writing a book in a case of moment But now to the motives which he saith I produce for the abrogation of Episcopacy he should have said for writing this case about it For the first no hope of the Kings and kingdoms safety without union between the King and our Parliament he doth not deny it but yet he divides them seditiously Our King and your Parliament I acknowledg him as my King pray and act for him in my sphear as my Soveraign the King hath written to them as his Parliament yet the Dr. divides them though he cannot deny no safety without union For his petitions made in Scriptures phrase they are from him as his heart is which I leave to God and in a good sense say Amen For the Second ground there is no probable means of union without the Kings condescention in point of Episcopacy This parag 6. and 7. he denies not but adds some things out of his own distempered minde viz. unless he lay down his lands c. Which he cannot prove though I am truly sorry that he hath any colour to set them off as credible to any For the third If the King should do it renitente conscientia it would be sinful c. To this Parag. 8. he saith that I perceive and in a manner confess that this he must do for you say it would be sinful to himself Thus you perswade our Soveraign into sin c. Was there ever a more false or irrational passage dropt from a D.D. pen do I say it absolutely when I only say if he should condescend renitente conscientia or do I perswade to sin when I shew such inconveniences of sin as cannot be ballanc'd But by way of amplification we have another piece of Divinity worthy such a D. D. Every reluctance of conscience makes not a grant sinfull but when my conscience checks me on just grounds Is this catholike doctrine I am sure it is not orthodox for it is point-blank to Saint Paul speaking of those that act against conscience for want of light in indifferent things and so not on just grounds Rom. 14.17 compared with verse 25. The kingdome of God is not in meat and drink But he that doubteth is damned if he eateth because he eateth it not of faith for whatsoever is not of faith is sin For the last that the Coronation oath is prest by learned pens c. he first takes notice of my confession Parag. 9. Wherein he might observe my candor to my Antagonists and therein read my intentions that not out of distaste to persons but out of love to peace and with a quiet and well affected heart to those I oppose I wrote the resolution of this case but the Doctors blood-shot eye can see none of this He hath not so much ingenuity as the Heathen virtus in hoste No he was resolved to carry on his Book with railings and scoffs and I am resolved neither to envy nor to imitate him being well assured that such dealing will prejudice both the work and Author with any pious and prudent Reader Next he trifles about an expression touching the Kings condescention I beseech you do you dream who told you that his Majesty had condescended to this impious and anti-christian demand saith he Whereas he knows the context of my words evidence them to be spoken hypothetically not catogorically But we must give him leave to catch at shows that wants real exceptions For his other expressions That desire of abrogation of Episcopacy is impious and anti-christian This will appear but froth unless he can make his Diocesan Lord Bishop an Ordinance of God which will now come to tryal CHAP. II. Wherein it is cleared that the Covenant is not to abolish Episcopacy root and branch nor is Episcopacy of Christs institution in answer to Dr. B. Second Chapter Case of Conscience Resolved NOw the bond of the Kings oath may be taken off two wayes either by clearing the unlawfulness of it that it was vinculum iniquitatis and so void the first day For quâ— jurat in iniquum obligatur in contrarium And if Prelacy in the Church be an usurpation contrary to Christs institution then to maintain it is sin and all bonds to sin are frustrate And truly as Prelacy stood with us in England ingrossing all ruledom in the Church into the hands of a few L. Bishops I think it may be cleared to be an usurpation by this one argument That power that dispoyls any of Christs Officers of any priviledg or duty indulged or injoyned them by the word of God that power is an usurpation against the word of God But this did Prelacy as it stood in England therefore English Prelacy was an usurpation against the word of God The Major is cleer of it self The Minor is thus proved Presbyters are by Christs warrant in Scripture indued with power to rule in their own congregations as well as preach See 1 Tim. 3.5 5,17 Heb. 13.17 1 Thess 5.12 Now as Prelacy stood in England the Presbyters were not onely excluded from all society of rule but which was more prejudicial to the dignity and liberty of the ministery were subjected to a lay-Chancellor and was not here usurpation against Gods direction Now what saith Dr. Boughen you say true saith he that the oath which is Vinculum iniquitatis is void the first day c. And hitherto your argument is good and in it he will joynissue c. Cap. 2. Parag. 1. See what a work this passage hath on the Doctor taken together and considered when the blood was down now all goes current yet this is the place for which he spit so much poyson of aspes in his Epistle to the Reader I hope the Reader will observe and by appealing from the Doctor in passion to the Doctor out of passion
ignorance but it grieves you more that I should say the oath in this respect is vinculum iniquitatis and say Parag. 4. I wilfully scandalize divers Princes of blessed memory and charge them almost as deeply as St. Peter did Simon Magus with the bond of iniquity Acts. 8.23 Al-most we say in the north saves many a lâ—e for is affirming that Princes for want of light which they wanted means for do ingage themselves with a pious zeal but not according to knowledg charging them with a crime answerable to Magus his base self-seeking hypocrisie or so inconsistent with a state of grace If it should what case do you put king and Parliament in which more then once charge them with perjurie But tell me sincerely do you not think in times of Poperie many unlawfull things were given to the Clergie and that many Canonicall priviledges were unlawfull Sure either their immunities or the reformation of them was unlawful had you rather condemn the reformation then the corruption for fear of obliquely blaming the ancient Princes Do you not hereby cast an imputation on those latter Princes whom you are more bound to respect Your parag 5. is a scornful Ironie hinting somethings false somethings irrational false it is That what immunities were unlawful in Bishops We would challenge or inherit their anti-Evangelical pomp and as irrational is it not to apprehend that divers scores of Presbyters marshalled into Presbyteries in the several parts of a Diocess may not more easily see and more speedily take course to redress errors and applie general remedies for the reclaiming of the scandalous then one Bishop over divers hundred Congregations some of them the better part of a hundred miles from him The Diocesses of Bishops heretofore were called Parishes and indeed at first few of them equal to some Parishes in England and yet then they had Presbyters Now their Diocesses are as large as Shiers nay it may be contain more Shiers and Presbyteries discarded Is not this prejudicial to the edification of the Church Besides have you not heard what Queen Elizabeth used to say That when she bad made a Bishop she had spoyled a good Preacher And how few of that rank imitate the Apostles diligence or charge for preaching 2 Tim. 4.1 2. Is not this a sign that the greatness is cumbersom Yet we denie not that there was preaching under the Bishops but I am sure there was the less for many of them they silenc'd Preachers prohibited preaching on Lords daies Afternoon c. And there was censure of manners but yet Visitations were but once a year and Presentations to be but twice and might not many a man fall into and perish in sin for all this Besides that their censures were more nimble against me for strictness then loosness or prophaness I believe therefore the intelligent Reader will not be scoff'd out of his belief of what I have hinted Your Parag. 6. Begins as you call it with distempered foame ends with appeal to last judgement which is one main thing which hath made quiet me under Prelatical oppression having referred my self to him that judgeth righteously More of your foame you cast in your fume Parag. 7. First you ask Why we are fallen from abolition to alteration I answer this alteration will prove an abolition to them quâ Bishops do not you fear Next this alteration you jeer not sparing to abuse Scripture to adorne your sarcasms and yet I confess htis alteration of the jurisdiction into more hands and of the means of Bishops to maintain more mouthes to preach the Gospel is the best plea I have against Bishops I confess it is and you shall never prove it anti-Evangelical or anti-Christian But I by it shall blow off all your aspersions that you lay upon me as an enemy of the Church and Ministery in my plea against Bishops whereas this one thing shews I seek the good of both and that rationally Parag. 8. You trifle again about the word altar the vanitie of which exception was before shewed After you cast about your foame which deserves no answer but indignation but whereas you would abuse Saint Augustine to prove me an Heretick citing out of him that he is an Heretick that for any temporary commodity and chiefly for his own glory and preferment doth either raise or follow false and new opinions Mine answer is that I have proved my opinions grounded on Scripture and so neither false nor new And for any end of mine in it besides the peace of the land and the edification of the Church I leave my self to him that tries the heart and reins Parag. 9. You come to examine what I said touching the legalitie of your priviledges that if they be held by law the Parliament that hath power to alter all laws may alter those laws and so the immunity ceaseth You here first grant you claim no priviledges but what is legal but you cavil at that which is said that the Parliament hath power to alter all laws nay you affirm it is Atheisticall to affirm that the Parliament can alter the laws of God but all this is but trifling for you know by laws I mean only humane laws of their own making and all laws are understood by me divisim not conjunctim that is they have power to advise upon any particular law whatsoever or whomsoever it concerns and if on advisement it seem conducible to weal-publike to alter it they have power to proceed to alteration and so the Londoners themselves whom here you would jeer or provoke against me would not I am sure they should not deny the Parliaments power to alter any of their immunities that are convinc'd prejudicial to the weal-publique Parag. 12. To that which I say upon the alteration of the law the immunitie ceaseth you in effect deny the conclusion for you answer not the argument convincing but hold the Thesis You add indeed that an ordinance was never conceived sufficient to alter a law but what 's this to the purpose who speaks of ordinances my argument runs of laws If any think themselves absolv'd from the oath of alliegance by an ordinance let them bear their burthen neither do I go about to absolve the King from his oath of protection as you here calumniate me but interpret the bond rationally which you cannot answer and so vent your self in impertinent accusations But you conclude Parag. 13. that suppose there be such a law could it be just c. You are pleased to acknowledg our priviledges to be our rights how then can they be taken from us without injury 1. You alter the state of the question for every injurie is not perjurie the quaerie was whether they could be taken away without perjurie 2. I acknowledg them your rights that is such as you have a legal claim to while the laws thus stand but these your rights were of three sorts 1. Some of your Canonicall priviledges at least formerly were corrupt Such were
promotion which was competible but to a few So the second inconvenience pressed parag 13.14.15 is avoided also parag 16. All the inconvenience you say that Master Geree presseth is that we are not subject to the Parliament But how far forth we are and are not we shall hear anon Parag. 17.18 You tell me I speak much of a first and ' second oath I answer if that be an error I was led into it by my first Opponent that distinguish'd between oath and oath and the oath to maintain the priviledges of the Clergie he saith expresly is taken after the oath to the whole Realm neither do I see any thing in your Analysis of the oath here or the delineation of the oath in the beginning of your Book that invalidates the expression of my Opponent in realitie though in some formalitie it doth For there I see that the King had particularly and distinctly engaged himself to the whole Realm before he came to the Bishops which are the onely part of the Clergie about whom our controversie is and what he last promises to them confirmed by his oath must not contradict what he hath promised to the other which promise must be understood to have a prioritie in order in the bond of the oath as well as in the bond of the promise Parag. 19. You speak of sending us to Magna Charta to know who the People and Commons of this Kingdom are c. whith only fills up so much paper being nothing to the question in hand But Parag. 20. You reckon up the Priviledges of the Church as you have gleaned them out of Magna Charta and Sir Edward Cook in number 8. The second is that no Ecclesiasticall person be amerced according to the value of his Ecclesiasticall benefice but according to his lay-tenement and according to the quality of his offence The latter clause is reason the former a priviledg without reason and prejudiciall to the Civill state and gives many Ecclesiastical persons leave to sin impunè The fourth That all Ecclesiasticall persons shall enjoy all their lawfull jurisdictions and other rights wholly without any diminution or substraction whatsoever I pray you if the Kings Coronation-oath engage so to the confirmation of this priviledg that the king cannot consent to allow it by Act of Parliament how can that act be justified that enables the Crown of England to appoint what persons else they will to execute all Ecclesiasticall jurisdiction in this kingdom If that statute were lawfully made notwithstanding this oath why then may not another statute be made against their standing sith by the former they may be made unusefull and yet the former you brag you have engaged your selves to maintain in your oath of supremacie Parag. 9. The fifth priviledg you name is that a Bishop is regularly the Kings immediate Officer to the Kings Court of justice in causes Ecclesiasticall Whence I gather that by our law a Bishop is a kings creature no Apostle for he was the immediate Officer of Christ though subject in doing or suffering to the Civill Magistrate though heathen You conclude that it is provided by act of Parliament that if any judgment be given contrary to any points in the great Charter it shall be holden for nought c. True unless it be upon some particular statute of a latter Parliament with the king enacting things to the contrarie Parag. 21. You say that I go forward as if it were certain that this to the Clergie was a severall oath from that to the people I answer I disputed upon my opponents proposals and learned opponents do not use to make their cause worse then it is nor indeed doth he for though the king swear but once yet he ptomiseth the things he sweareth severally and the promise of this to the Bishops in question is last and therefore in competition must give way to other engagements neither do the statutes for confirmation of Magna Charta binde the hands of succeeding Parliaments Whose hands as the leaaned Chancellor Bacon observes cannot be bound by their Predecessors if they see reason of alteration a supream and absolute power saith he cannot conclude it self Hist of H. 7. p. 145. CHAP. X. PARAG. 3. Shewing that the Clergie are equally under the Parliament as well as Laytie in answer to Doctor Boughen's 9. Chapter I Now come to answer your ninth Chapter which is an angrie one which makes me think that you were sorely puzled My Dilemma is They are subject to the Parliament or they are not He answers subject they are to the Parliament consisting of head and members not to the members alone without the head for we are subject to the members only for the heads sake Truly this grant is all that I desire or need for the Parliament I propose the Dilemma about is that which consists of head and members united to which if they be subject then may these joyntly determine of any of their priviledges in their own nature alterable as they do of those of the people Indeed the King and Parliament ought not to take away any priviledges that are for edification but such as prove impediments rather but of that they are to be Judges in the application of their power and that 's all needfull to be said to parag 1 2 3 4 5. And yet I leave it with confidence to the judicious Reader as also what I have said in the former Paragraph touching a former and latter oath But whereas you ask Parag. 6. with what face I can say that the Kings oath to the Clergie is inconsistent with his oath to the people parag 6. I wonder with what face you can aver it when as I directly say it must not and therefore take off an interpretation of it that would make it inconsistent whereas you say the nation is weary of the Presbyterian government in three years it s but a piece of none-sence sith this three years except a little liveless shew in the City of London and some few places more the truth is and our miserie is that we have been under no Ecclesiasticall government at all Parag. 7. You mention my words if the oath had such a sence when the Clergie were a distinct Corporation on which you spend your judgment if you know what sence is Truly Sir you are the worst at picking out sence that ever I knew of a D. D. My meaning is plain if the oath had a sence to exempt them from power of Parliament it must be when they were a distinct Corporation under another Supremacie which now you disclaim Parag. 8. You mistake in saying I am zealous in distinguishing you and your Priviledges I answer to the distinction brought by my opponent that it is not such but that the Priviledges of Clergie and People I mean such as are alterable are equally under Parliamentarie power for alteration on just grounds And the kings oath to you is as obligatorie as to the people in the right
the suffering of the Clergie all Families suffer you substitute Clergie for Bishops Other of the Clergie may be in better condition by the removall of Lording Bishops but in your proof that one of the Tribe of Judah of the most remarkable Family turn'd Priest That is so gross an oversight that it is most unbeseeming a D. D. for its expresly said that young man was a Levite by birth And the argument of Micah plainly proves him so or else he had been in no better case with him then with one of his own sons whom he had consecrated if that would have made a Priest See Judg. 17. v. 5.13 The Levite indeed turned Priest which was his wickedness for a Levite was not to do the Priests office There is indeed an ambiguous expression touching this Levite v. 7. A young man of Bethlehem Judah of the family of Judah But if you had consulted Interpreters you would have found them generally agreeing that he was a Levite though differing in their opinions how he was of the family of Judah Some saying by his Mother some referring it to the City to distinguish it from another Bethlehem in Zabulon c. You add parag 8. What if Magna Charta do obliege all to stand up for the due observation of these priviledges then we must acknowledg that we are bound to obey his Majesty commanding c. Still you alter the question for the question is Whether it can be supposed equal that the King should stand bound to engage the lives of many for the priviledges of a few Lord Bishops I hope you think it not the meaning of Magna Charta that every one should engage their lives for every paltrie priviledg of another But it s well you can now confess that Magna Charta is a great and justly magnified Charter If you and your Prelates had been of this minde formerly and not been so deep in breaking and countenancing the breach of it in others by illegal imprisonments impositions fines both of Laytie and Clergie England might have scap'd this cannensem calamitatem this mine-threatning calamitie under which it is readie to expire to which the breaches of Magna Charta gave the first occasion and the fairest colour Parag. 2. You make an objection touching Abbots and Priors provided for by the same Charter yet since taken away by act of Parliament which you confess But first you you would have us observe how they prospered that did it Secondly that Master Beza and my self call it sacriledg We do so and that we judge the cause why they prosper'd not that did it because they did it with that sinful circumstance of devouring holy things which shewed also their want of sinceritie in it Thirdly you say that they are for it stiled enemies of our Sovereign But they did not hear it they were born long after the Statute of 25. Edward 3. Fourthly you cite the Counsel of Chalcedon that no consecrated Monastery may be turned to a secular dwelling I answer Counsels may erre and so may that of Chalcedon if the profit of the house had been imployed for pious uses I see no ground of complaint or censure Fiftly you say you hope I will make a difference between our Saviours institution and mans invention Truely I do and have proved Diocesan-Bishops to be no institution of Christ but man in the foregoing Discourse And lastly I joyn With the wishes of those pious men and move as you know not a devouring but a diversion of Chathedrals maintenance Besides what is requisite to maintain needful preaching there to procure and encourage able Parochial Pastors who are the undoubted Ordinance of Jesus Christ all the Land over Parag. 10. You do but beat the same bush again in citing again Magna Charta I confess the kings engagement to maintain the Priviledges of the Clergie so far as he is bound by right nor is any act of the king or the Houses without the king valid against it but king and Parliament joyning they may over-rule some parts of it and upon just ground warrantably as appears in all experience as in paring Episcopall Canonical priviledges niminishing their jurisdiction by the high Commission annext to and set over Bishops c. Parag. 11. You enquire Whether it be equall to engage the lives of some to destroy the honours of others This is impertinent to my Case and though I count not your Bishops plantations of Gods right hand yet sith they had footing by law it hath been my grief that force hath been used to pluck them up for me they should have stayed for his day who hath said every plant that my heavenly Father hath not planted shall be plucked up but when I have made complaint of this it hath been replyed to me by many that this was not the cause of the engagement in war though I believe the most considerable part of the people had an eye on this but this is on the by Parag. 12 13. You take into consideration my Case of a Captain engaged by oath to maintain the Priviledges of Townes-men and keep a town to his power whether he may not notwithstanding his oath make his composition if he cannot defend it without the Townes-men and they will not fight without violation of his oath I think none will affirm it You do not only deny it but take the Name of God in vain to make a jeer at it doth that become a Divine But let 's hear your reason because there 's no town in England can have such a priviledg as not to bear arms against the Kings enemies Suppose it be so I am no Lawyer yet you know it s not unusuall in cases to suppose things that are not so they be not impossible as this is not for the king may grant such an immunitie if he please that none shall be compell'd to bear arms and therefore it was but a shift that error in the Case may be easily mended and it will pinch the Doctor as hard as ever it did for suppose that so many of the souldiers in the town are slain or taken prisoners that the Governour can defend it no longer then I hope Mr. Doctor will yield that he may make his composition so was it with the king at the publishing my small Treatise and now notwithstanding my former fails as he saith Parag. 14. for want of skill in law the difficulty is returned on the Doctor get out how he can I make an Objection that though the king cannot in such a state uphold them yet it is in his power not to consent to their fall this I say is the only exception The Doctor saith its a just one though not the only one yet he shews no other but then he is angry for the phrase peremptoriness in denying assent to the fall of Bishops used to the King as uncivil I am no Courtier I confess and may fail in phrase yet peremptoriness in a candid sense is no more then