Selected quad for the lemma: judgement_n
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A28864
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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.
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Boughen, Edward, 1587?-1660?
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1650
(1650)
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Wing B3814; ESTC R216288
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143,130
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162
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beare in the Church Let Salmasius speake They at that time were mamed Apostles revera erant EPISCOPI JVRE EODEM ET ORDINE QUO HODIE HABENTUR qui Ecclesiam regunt Presbyteris praesunt and indeed were BISHOPS IN THE SAME RIGHT AND OF THE SAME ORDER WHEREOF AT THIS DAY THOSE ARE ACCOUNTED Who govern the Church and rule Presbyters But this very Office was none of those which were extraordinary and to continue for a season onely no no in Beza's judgement it is quotidianum munus an Office of daily use of necessity therefore it must be perpetull in the Church And yet the duties of that Office were such quibus sustinendis non alius quilibet e vulgo pastorum par fuisset as none of the vulgar Pastors no ordinary Presbyters were meet to undertake And what are these Even to redresse what is amisse and to ordain Presbyters These are matters of moment and require more then ordinary discretion For this cause S. Paul left Titus at Creete and for this very end he sent Epaphroditus to Philippi though at that time there were in that Citie many Bishops Phil. 1. 1. If then there needed no ordination but every man without orders might have discharged Presbyteriall duties or if the Presbyter-Bishops of that Citie might have set that Church in order and therein ordaine Presbyters Why did S. Paul send Epaphroditus to Philippi to do those things which might either have been left undone or at least have been done as well without him Surely S. Paul imposeth not needlesse businesses upon any 16. Bishops there were you will say before in that Church if then it belong to the Episcopall Order to ordain and reforme in the Church what is amisse why was Epaphroditus sent thither Take notice I beseech you that those Bishops were but Presbyters or Presbyter Bishops which Order never had the power either of Ordination or Jurisdiction S. Paul therefore sends unto them Epaphroditus an Apostle-Bishop who could performe both This you see acknowledged by your most able and subtill advocate 17. Well let it be what it will lawfull or unlawfull t is all one in this exigent or distresse that his Majestie is put to notwithstanding that his oath the King say you without impeachment may in this circumstance consent to the Abrogation of Episcopacy His Majesties oath now falls in question and I shall be willing fairely and calmely to consider wherein and how far forth a Christian King is bound to keepe or breake his Oath CHAP. VI. Whether the King without impeachment to his Oath at Coronation may consent to the Abrogation of Episcopacy 1. THis question hath two branches The first Whether a Christian King be bound to keep his Oath The second Whether he may notwithstanding his Oath consent to the Abrogation of Episcopacy His Majesties Coronation deserves also to be looked upon since an oath deliberately and solemnly taken deserves the more seriously to be thought on and will draw from God the heavier doome if despised or slighted 2. By your own confession it is evident that an oath against Christs Institution is vinâ—u um iniquitatis an impious oath and ought not to be observed but to be cut off with shame and sorrow since all bonds to sin is frustrate Confesse we must that an oath against God revealed will or honour is a bond to sin and therefore no sooner made then void and to be abhorred Such is your Covenant against Episcopacy And had the King either through misunderstanding ill advice or fear taken that irreligious Covenant he had been obliged by your confession to have made it frustrate since it is a bond to sin because it is against Christs Word and Instituition as is manifested c. 2. 4. 3. But an oath taken in truth and righteousnesse and judgement because it is of such things as may justly and lawfully be performed yea because God approves ratifies this oath is vinculum aequitatis necessitatis such a bond as equity and conscience bind us necessarily to performe to the utmost of our power But such is his Majesties Oath at Coronation concerning the Church the Spouse of Christ 4. No unrighteousnesse can ye shew in it the lawfulnesse of Episcopacy as also their just right to govern Presbyters is sufficiently justified c. 4. No untruth for our Soveraigne hath sworn to maintaine an Ordinance of truth of Christ himself And sub paenâ judicij upon paine of judgment he is bound to make good this his Oath so justly taken least he fall into the hands of God and so into eternall judgement For Justice requires that every man much more a Christian and a King keep his Oath made upon such grounds though it be with hazard both of Crown and life and all that may be indangered upon earth 5. Consider I beseech you how in an oath we call God to record and we make him not onely our witnesse but our suretie that we will with his blessing performe what we have vowed or sworne in his name And not onely so but we call upon him to be our Judge and the Revenger of our perfidiousnesse if so we wittingly depart from this Oath With what face then can we fall back and wilfully incurre perjury Is not this as Philo Judaeus hath it to make God a shelter for our wickednesse and to cast our sin upon him That so to the infamie of Christian Religion we may â—oder up a faire repute before men Is not this to cast aside not onely a fore-head but all conscience and the fear of God Oh saith S. Austin What blindnesse can equall this to hunt after a little vaine glory by deceiveing man while in thy heart thou sleightest God the searcher of all secrets As if his error who thinks thee good were comparable with thine who seekest to please man with a show of good whilest thou displealest God with that which is truly naught 6. But this is no new thing to you that have dispenced so long so often so variously with so many Oaths of Supremacie Allegeance and canonicall obedience That have done so many strange acts contrarie to your faith and subscription Take heed in time lest not onely your oaths but your own hand-writing arise in judgement against you for casting off the Book of Ordination For renouncing the Booke of Common-Prayer For disclaiming the Articles of the Church of England with those three Creeds the glory and hope of all good Christians Thus you and your brethren are become Apostata's and renegadoes to all Religion and piety gracelesse faithlesse perjured men God of his mercy give you a sence of these sins that so you may in time repent and make some satisfaction to the Church of Christ by an open confession and by a full detestation of those presumptuous and crying sins 7. This Oath his Majestie took solemnly before God in the house of God in the presence of
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 Temporaâ—ty OVER WHICH THE KING HATH WHOLE POWER AND JURISDICTION Are you of this Realm or are you not Iâ—â—on be then are you either of the spiritualty or temporaâ—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 seâ—â— 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 oâ— 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