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
Rights of the Clergie As if this were a sound and unanswerable argument It is lawfull for the King to abrogate the Rights of the Clergy Ergo It is lawfull for him to abrogate Episcopacy It is for all the world as if one should say It is lawfull for the King to take away the Rights of Lawyers Ergo he may also take away Judicature Yet all men would say that this were flat tyrannie since without Judicature no man can compasse or enjoy his own with peace 2. But I shall return your argument so upon you as shall concern you more neerly It is lawfull for the King to abrogate the Rights of the Clergie it is therefore lawfull for him to abrogate Presbytery How like you this Is it not your own argument changing terme Episcopacy into Presbytery Ye have strooke out the former set up the latter in the place of Episcopacy And your scholers by the same argument may live to root up thut too if any lands be annexed to this great Diana of Geneva Thus you have made a rod to scourge your selves with 3. But you will say that though it be legall for the King to take away the Rights yet he may not destroy the Order And why so Because the Rights are granted by man but the Order was settled by God And what God hath ordained is not lawfull for man to abrogate I must return you the same answer since t is sufficiently justified C. 4. 5. That the Order of Episcopacy is the immediate institution of our B. Saviour and Ministeriall root from whence all Orders spring Though then this be the usuall way of cleering this your assertion and you conceive it to be a sound resolution yet learned men see that you have said just nothing unlesse you confesse that the Order of Presbyter may likewise be exâ—iâ—pated by Royall authority 4. But return we to the Rights of the Clergie and take notice upon what grounds you suppose it lawfull for the King to abrogate those Rights which he hath vowed so solemnly to maintain The King say you is sworne to maintaine the Laws of the Land in force at his Coronation Yet it is not unlawfull for him after to abrogate any of them upon the motion or with the consent of his Parliament I am glad that you acknowledge it to be the Kings Prerogative to maintaine the Laws of the Land and that it is not unlawfull for him to abrogate any of them with the consent of his Parliament If he be bound by Oath either he hath power to maintain these Laws or not If he hath not power it is a senselesse Oath If he hath power where is it What is become of it Hath he resigned it We know the contrary Hath he forfeited it To whom To his subjects He can no more forfeit his Regall power to his subjects then a father the right of fatherhood to his children He is no more a King upon condition then a father is a father upon condition His power he hath not from the people but from God Per me Reges regnant by me Kings reign saith God And I hope God speaks no untruth His substitute the King is for He sits on Gods not on the peoples throne and King he is for the Lord in his stead 5. If you object misdemeanours or bearing armes against His Parliament your self say that He is sworne to maintain the Laws of the Land The Laws Liberties and Properties were all at stake they were trampled upon by his faithlesse but potent Subjects This enforced him to take up that sword which he ought not to beare in vaine but to execute wrath as the Minister of God upon them that do evill upon such as plunder his good subjects and turn them out of house and home For the King is made by God the Supreme Governor for the punishment of evill doers as also for the praise of those that do well But suppose the King were a tyrant as bad as bad may be yet we ought from our hearts to give him all due honour so Beza and not to rob him of his just power If he sin it is against God onely and to him onely he must account not to his Subjects 6. Well bound he is by Oath to maintain the Laws while they are Laws As yet then the rights of the Church are safe and the King is bound to maintain them But how long are these Laws in force Till they are abrogated BY JUST POWER IN A REGULAR WAY They are your own words and we subscribe them But the just power is in His Majestie by your own confession both to maintain and to abrogate Laws And the regular way say you is at the motion or with the consent of HIS PARLIAMENT But with all our loyall Predecessors we say at the petition or humble suit not at the motion of His Parliament And His it is his they are all though Members of Parliament since the Parliament is His. They are not then a Parliament of themselves at their own choice or disposing nor yet without him His they are I am sure they should be so I would to God they were so The King is the fountain of honour and power within his own Dominions And who may say unto him What doest thou Why doest thou honour this man and not that Why doest thou call a Parliament at this time and not at that Impius est qui Regi dixerit inique agis He is impious that saith unto the King thou dealest unjustly or unequally So the Fathers read that place No obbraiding no controulling of a King He can do no wrong So the Law 7. His the Kings they are when they are met and set in Parliament His great Councell Magnum Concilium Regis His Houses His Parliament And therefore called so that they may Parlar la ment speak their minds freely for the generall good Him they may entreat not controul advise not command perswade not enforce Suppose the King grants them power and authoritie he grants them none either over or against himself this he cannot do This were to set the Members above the Head and to make his Subjects superior to himself This were to despoil himself of the power of the Sword But this he may not do since God hath made him supreme and given him the charge of the Sword And His Majestie may not invert that order which God hath set neither may he repeal Gods ordinance or make it void God hath laid the charge upon him and he cannot with a safe conscience decline it or neglect it 8. Observe I beseech you though Pharaoh set Joseph over his house and over his people to rule and arm them at his pleasure though Joseph were so made Ruler over all the land of Egypt yet without him no man might lift up his hand or foot within that land
yet Joseph is not king Pharaoh keeps his throne and therein is he greater then Joseph who still is but Pharaohs deputy though Lord of all Egypt And though he be a father to Pharaoh yet is he still at his command Thus is it with the Parliament of England though they are put in highest trust by the King yet are they still at his disposing either to be adjourned prorogued or dissolved at his pleasure and are at his command in all things lawfull and honest To this great Councell we are no further to submit then in those things they are sent for by the King and so far forth as they have commission from him S. Peter saies the same Submit your selves unto THE KING AS SUPREME or unto Governors AS UNTO THEM THAT ARE SENT BY HIM by the King So far forth and in such things for which they are sent I owe them obedience but no further 9. How far forth the King is sworn to maintain the Laws of the Land and upon what grounds they may safely be repealed we have alreadie seen Now we are called upon to descend to the Rights of the Clergie whereof your resolution is this by way of consequence So the King by his Oath is bound to maintain THE RIGHTS OF THE CLERGIE while they continue such But blessed be God such they do continue the King therefore by Oath is bound to maintain them 10. But say you if any of their Rights be abrogated by just power he stands no longer ingaged to that particular Why I beseech you do you leave out something here that you held necessary for the abrogation of the Laws of the Land Before it was that the Laws might be abrogated by just power in a regular way But here you grant that the Rights of the Clergie may be abrogated by just power But what 's become of the regular way Was it forgotten or left out on set purpose Surely there is a my fiery in it for your argument ought to procede thus By what means the Laws of the Land may be abrogated by the same means may the Rights of the Clergie be abrogated But the Laws of the Land may be abrogated by just power in a regular way Ergo The Rights of the Clergie may be abrogated by just power in a regular way Thus the Syllogisme stands fair for the form and the Major or Minor Proposition must be denied by the respondent otherwise he is at a non-plus and convinced But your conclusion is So or Ergo the Rights of the Clergie may be abrogated by just power But this so is faultie and so is the Syllogisme because the minor terminus is maimed in the conclusion it comes not in whole as it should do The reason why is plain because you are not able to set down a regular way wherein or whereby those Rights you aim at may be abolished 11. And what wonder that you can finde no regular way for the Clergie and their rights since you have put them clean out of the regular the right way And when ye will find the regular way God knows for plain it is that ye are out of the way Ye wander this way and that way like men in a Maze or mis-led by an Ignis fatuus by Jack in a lantern No rule at all you have to be guided by but onely this that the Book of Common Prayers must down and Episcopacy shall not stand So farewell heavenly devotion and all true faith and farewell Church If this be not to be possessed with the spirit of giddinesse and impietie I know not what is 12. But I pray you give me leave before I passe further to tell you that Just power goes alwayes in a regular way And when it leaveth that way it ceaseth to be just unlesse inforced by such necessitie as cannot be provided for in a regular way That power onely is just which doth nothing wittingly but what is just and distributes to every man and societie their severall dues If it do otherwise we cannot call it just unlesse we desire to incur that sentence of the Almighty He that saith unto the wicked Thou art righteous him shall the people curse Nations shall abhor him 13. Well be it just or unjust be it never so much cursed at home or abhorred abroad you are resolved to justifie the Abrogation of the Rights of the Clergie What A Clergie-man and a Preacher of the Word of God and altogether for ruine and destruction Surely you are not a Preacher of that Word which S. Paul taught for he professeth that authoritie is given to men of our calling not for destruction but for edification Shew me one Preacher in the word of God besides Corah and his confederates that ever spake or wrot any thing against the Rights of the Clergie You cannot possibly unlesse you bring in Judas with his Ad quid finding fault with that cost which was bestowed upon our Saviours person Indeed no man so fit for your turn he robbed and betrayed the head and you the body But you know what censure is passed upon him for it This he said because he was a theife and did carrie the bag He did and you would It is private not publick interest that stirres up ambitious and greedy spirits against Christ and his Vicegerents I can shew you S. Paul magnifying his office and justifying the priviledges therof But you are none of S. Pauls followers Demetrius and Alexander silver-smiths and Copper-smiths are your good Masters and with them I leave you 14. But what are these Rights that you are so eagar to have abrogated Every subject in his severall place and degree hath right to his lands to his goods to his liberties and privileges and so hath every Clergie-man unlesse we of the Clergie be no longer subjects but slaves Would you have all these or onely some of these abolished A question it was at first but now I see what they are First Episcopacy 2ly The Clergies priviledges immunities 3ly the Bishops Ecclesiasticall or sole Jurisdiction in so large a circuit 4ly The Bishops great revenues Thus the Rights of the Clergie are precisely inventoried that so neither root nor branch may scape their fingers Episcopacy we have already taken into consideration now let us take a survey of the rest 15. But first let us observe the course you propose to strip us of these Rights Your method is subtil and your expressions at first view seeme moderate you put us in equall balance with the rest of our fellow-subjects Thus you argue It is not unlawfull to abrogate ANY of the Laws of the Land It is not therefore unlawfull to abrogate ANY of the Rights of the Clergie Thus far your argument seemes to proceed fairely But how comes it to passe that out of this Any of the Kingdome you conclude against All the Rights of the Clergie For what have