A discourse of Episcopacy and sacrilege by way of letter written in 1646 / by Richard Stewart ... Steward, Richard, 1593?-1651. 1683 Approx. 88 KB of XML-encoded text transcribed from 23 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-03 (EEBO-TCP Phase 1). A61495 Wing S5519 ESTC R15105 11924086 ocm 11924086 51001 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A61495) Transcribed from: (Early English Books Online ; image set 51001) Images scanned from microfilm: (Early English books, 1641-1700 ; 515:26) A discourse of Episcopacy and sacrilege by way of letter written in 1646 / by Richard Stewart ... Steward, Richard, 1593?-1651. [8], 36 p. Printed for Thomas Dring..., London : 1683. "Never before printed." Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Episcopacy. 2003-09 TCP Assigned for keying and markup 2003-09 Aptara Keyed and coded from ProQuest page images 2003-10 Rina Kor Sampled and proofread 2003-10 Rina Kor Text and markup reviewed and edited 2003-12 pfs Batch review (QC) and XML conversion A DISCOURSE OF EPISCOPACY AND SACRILEGE . By way of LETTER . Written in 1646. By Richard Steward , D. D. Clerk of the Closet to King Charles the First . Never before Printed . LONDON , Printed for Thomas Dring , at the Harrow next Chancery-Lane End in Fleet-street . 1683. The PREFACE . HE that will Reflect upon the last four Years , will scarce believe a Prefatory Apology needful for Printing this Discourse : If at present the Madness of the People be in some Measure stilled , I think it not ill-timed , for I have taken the Advantage of a lucid Interval , and have offered them Reason when they have Recovered their Senses , though not their Temper . It is with them as it is with the restless Ocean , Posito flatu inquietum Mare . So now , though the Popular Breath of a pretended Patriot does not blow hard upon the Nation , yet the giddy Multitude remain unsettled , and are in great danger of a Relaps into the like Lunacy . This Letter was writ , 't is true , in 46 , but it is exactly Calculated for 82. For of late we have only Transcribed those Times , as if we intended to Copy out the Iniquities of our Fore-Fathers . We are now full of Murmurings and Repinings , the Natural Product of Ease and Plenty , being almost tired with too long a Happiness , as if we had deflowred our Felicity : For though we cry out so loud of Grievances , they are most like that of the Effeminate Sybarite , who , Seneca says , Saepius questus est quod foliis Rosae duplicatis incubuisset . We do not complain because we are really hurt , but because we are too delicate . I may boldly Challenge the tenderest Person of the Discontented Party to shew me one Princes Reign since the Conquest , in which the People of England have sat under the shadow of their own Vines with less Disturbance : But they that make the greatest noise are Men that have been rejected by the Government , or else Persons that would be silenced by Preferment , and would willingly lose their Tongues with a silver Quinzy . There is a pleasant Story in the History of Great Britain of Gondemar the Spanish Embassador and a Lady , very applicable to our Times . In those Days there were some Ladies ( who pretended to be Wits ) had fair Nieces , or Daughters , which drew great Resort to their Houses ; and where Company meet , the Discourse is commonly of the Times . These Ladies Gondemar sweetned with Presents that were too sour in their Expressions . He Lived at Ely-House in Holborn ; his Passage to the Court was ordinarily through Drury-Lane , and that Lane and the Strand were the Places where most of the Gentry Lived ; and the Ladies as he went knowing his Times , would not be wanting to appear at their Balconies or Windows to Present him their Civilities , and he would watch for it ; and as he was carried in his Litter , or bottomless Chair ( the easiest Seat for his Fistula ) he would strain himself as much as an Old Man could do to the Humblest Posture of Respect . One day passing by the Lady Jacobs House in Drury-Lane , she exposing her self for a Salutaion , he was not wanting to her , but she moved nothing but her Mouth , gaping wide open upon him . He wondred at the Ladys Incivility , but thought it might be happily a Yawning fit took her at that time , for trial whereof the next day he finds her in the same place , and his Courtesies were again accosted with no better Expressions than an extended Mouth . Whereupon he sent a Gentleman to her to let her know , that the Ladies of England were more Gracious to him than to Encounter his Respects with such Affronts . She Answered , it was true , he had Purchased some of their Favours at a dear Rate ; And she had a Mouth to be stopped as well as others . Gondemar finding the Cause of the emotion of her Mouth , sent her a Present , which Cured her of that Distemper . We find this Gaping-Sickness is broke out afresh in our Times , but it is grown much worse ; for we are not only troubled with a silent extension of the Jaws , but it is attended with horrid Yellings against Evil Counsellors , when under that Appellation we would extort from our King his dearest Friends . Neither has the King only been remotely Attacqued in his Ministers of State , but the Mercenary Scriblers of the Age have Blasphemed him in their Prints . What swarms of written Lampoons besides have crept abroad , some writ by Wretches Cursed with a Wit too good , since they employ their Talents only to commit an Ingenious Iniquity . Alexander thought it too great at Priviledge for every Common Hand to Pourtraict Majesty , and therefore established that Liberty by a Law to none but Famed Apelles : Had he Lived in our Days , when Princes sit to every drunken Poet , who purposely deforms his Soveraign , he had been impatient of so high an Indignity : But now Treason is uttered under the strong Protection of a Rhime , and he passes for the greatest Wit , whose Talent 't is to fling the filthiest Dirt in the Face of Gods Anointed . My Blood has oft grown warm at the repetition of a Modish Libel , to see how it has tickled the Conceits of empty Fops , whose Parts could reach no higher , than to understand the fulsome Ribaldry : For if there chanced to be any quaint Conceit , that was but lost to their pert dulness , and pass'd by with an Ignorant silence . He that will Burlesque his Prince , and suits Reproaches to the Genius of the Age , must please by a gross and naked Obscenity : For Men are come to that Unnatural Dyscrasie as to relish or digest nothing but Poyson , and Keck , and Vomit when you offer to their filthy Stomacks a wholsom and a cleanly Banquet . The Strumpet-Muse of these our Modish Poets was bred up in Stews , and Brothels , and by her Language she betrays her Education . They know not how to reach the Noble heights of a Civil well writ Poem , but grow weary of unaccustomed Goodness if once they dare to undertake that Task , for then their Parts are overcome , being not befriended , with those baser Helps of speaking those things that most Men blush to hear . Unhappy is that State where Princes Faults are made the Pastime of Buffoons ; they are the common Calamities of the Nation , and every Subject should become a Penitent when the King 's a Sinner , for they provoke Heavens Vengeance by their Representative , and often feel the Punishments that result from his Iniquities . Quicquid delirant Reges plectuntur Achivi . But if this Consideration cannot restrain this Incontinency of Rhiming , but their Debauched Fancies will still make Majesty the Subject of their Droll , Publick Authority , it is to be hoped , will Correct these Poetical Traytors ; and if they cannot be taught better Religion , they will be forced to better Manners . I must confess I have ventured to Censure this as an Immortality , and as an innovated Crime of latter Ages ; but I find in a Modern Author , it is a Christian Liberty of great Antiquity ; for he has run it up so high , that I was in great dread that he would have proved it of Apostolical Institution . But it seems it was certainly in Practice amongst the Primitive Christians at Antioch , whose Example he does alledge for its Justification ; for he says , They Lampoon'd the Beard of the Emperour Iulian , and Burlesqued his Princely Whiskers . Surely this Instance serves much better to prove the Lawfulness of Reviling the King , than to Confute the Doctrine of Passive Obedience . But yet this Revolted Divine would pass for a true Son of the Church of England , though he Renounces her Doctrine and Practice ; for he is very Angry she will furnish her Magazines with no other Weapons than Tears and Prayers , for he thinks he could manage a Carnal Sword for Preferment much better than a Spiritual , and for that Reason likes the Alcoran beyond the Gospel . I know he blames our Saviour in 's Heart for commanding St. Peter to put up his Sword , and for not making use of those many Legions of Angels that would gladly have Rescued him from the Iews . But Alas ! this Son lyes in his Mothers Bosom only to Betray her , and stays in the Vineyard , for the same Reason the Boar does , that he may have the better Conveniency of Rooting of it up . I know how unpalatable a Doctrine is maintained in this Discourse , but though , like the best Physick , it be bitter , it is wholsome , and will certainly Cure the Divisions of the Church , for they can have no pretence to Quarrel Episcopacy , if once they be perswaded that the Government by Bishops is Iure Divino . Neither do I believe the Notion of Sacriledge will have a better Taste in their Mouths ; for it will not be worth while to pull down the Bishops if the Church-Lands cannot be shared , God Almighty being the real Proprietor . I hope this little Book may convince some of their Errors , but if not , I am sure it will confirm those that have embraced the Truth . SIR , YOU have put an odd task upon Me , in commanding my judgment on a Letter lately sent to a Doctor in Oxon , with a Commission to shew it to my Lord Dorset , and to as many more as own Reason and Honesty ; for thus it is in the Post-script , and many like passages more in the Letter : As , That the more Wise and Honest Party would make use of that Reason , &c. And I know you to be too great a Master of Reason to be unsatisfied , which makes me fear , if perhaps I should dissent in opinion from this Epistler , I might be thought ( at least in his conceit ) to incur a sharp Censure both of Reason and Honesty ; which ( I confess ) at first somewhat troubled me , till I remembred you were wont to say , That when once Vessels make such noises as these , it was a shrewd sign they were empty . He who wrote the Letter seems most desirous of Peace , and truly so am I. Besides , we agree in this , That we must not commit sin for a good Cause : So that if peace it self cannot be obtained without that guilt , we must be content with a worse Estate . But you very well know , with how many several deceits our Affections can mislead our Reason ; you remember who it was that said it to the very face of a Prophet , I have kept the Commandments of the Lord : and yet his sin remained a great sin still , and much the worse because he excused it ; for his guilt is less , that commits a sin only , than his that undertakes to defend it ; because this cuts off all Repentance , nay , it makes a sin grow up to that more wicked height of a scandal ; and so it is not only a snare to the sinner himself , but it warrants many more to be sinful . Whether this Oxford-Londoner ( for so I take this Epistler to be ) hath not defended or made Apologies for sin , and hath not in that sense done Evil , that Good may come thereof , I am now to make enquiry ; and I shall follow him in his two Generals . 1. The Delivering up of the Kings friends , whom they above call Evill Counsellors . And , 2. In the business of the Church . 1. For the Kings friends he sayes . I know not how you can with Reason gain-say the bringing of an Offender to Iustice. Indeed nor I neither , but what if they be not offenders ? What if they be brought to Injustice ? I know no man will refuse to be Judged by a Parliament , whose undoubted Head , is the King sitting there with an unquestioned Negative ; nay , for His Majesty to refer Deliquents to be judged by the House of Peers sitting in a Parliament , and judging according to the know Laws of the Realm , is that at least which in my opinion will be stuck at . But the Parliaments Prerogative which this Letter speaks of , being now so extended , we have cause to think it is a doubt in this case ; Whether not only in point of Honour , but in point of Justice and Conscience , the King for His own peace , can leave his Friends to such men , whom he is bound by so many grand Ties to protect . But this , Sir , I shall commit to you to determine ; and if you return me a Negative , I shall not presume to question either your Reason or Honesty . Nor shall I perswade the Kings Friends that they should banish themselves , unless it were to do that great favour to the two Houses of Westminster , as to keep them from some future inhumane Act of Oppression and Blood , because they shall have none left to Act them on . 2. For the business of the Church , which he again divides into two parts . 1. That of Episcopacy . 2. That of Sacriledge . In those , Sir , I shall speak with less Hesitation , and clearly tell you the Epistler is quite out ; And though you know me a great honourer of your Profession , yet I cannot hold it fit for you to decide cases of Conscience , or in humane Actions to tell us , what is sin , or not sin : And I am confident , Sir , you will not take this ill at my hands . 1. For Episcopacy , his words are , if I mistake not ( and if I do , I pray you inform me ) The Opinion , that the Government by Bishops is Jure Divino , hath but lately been Countenanced in the Church of England , and that but by some few of the more Lordly Clergy . These last words makes me suspect some passion in the writer , as being in scorn heretofore taken up by men , who for a long time were Schismaticks in Heart , and are now Rebels in their Actions . And since the Laws of the Land makes some Church-men Lords , I do the more marvel , that the Epistler , who seems so Zealous for the Laws , should be angry at that . So that though his profession be that he has undergone labours and hazards for the Episcopal Government ; Yet truly Sir , I must think that it is then only fit for the Church to give him thanks , when she has done all her other business . But grant the Tenent to be but of late countenanced , it thence follows not , that it is any whit the less true : For in respect of the many hundred years of abuse , the Reformation was but lately countenanced , and yet I take it for an unquestionable truth , that the Laity ought to have the Cup ; And though I was not desired to reform the Epistlers Errors , yet in charity I shall tell him he is out , when he affirms , that this opinion was but of late countenanced in the Church , as I could shew out of Archbishop Whitgift , by Bishop Bilson , and divers others . And since perhaps he might think these to be men of the more Lordly Clergy , I shall name one more who may stand for many , and who wrote forty years since , that most excellent man Mr. Hooker ( a Person of incomparable learning , and of as much modesty , who , I dare be bold to say , never once dreamed of a Rochet ) he avers in clear terms . There are at this day in the Church of England , no other than the same degrees of Ecclesiastical Order ; Namely Bishops , Presbyters and Deacons , who had their beginning from Christ and his Blessed Apostles themselves ; or as he expounds himself , Bishops and Presbyters are , and by Christ himself in the Apostles , and Seventy , and then Deacons by the Apostles . I may add Bucer too ( no man I am sure of the Lordly Clergy ) who though he was not English born , yet he was Professour here in King Edwards time , and wrote , and dyed in this Kingdom . Bishops ( saith he ) are ex perpetua Ecclesiarum ordinatione ab ipsis jam Apostolis ; and more , visum est Spiritui sancto ; and surely , if Bishops be from the Apostles , and from the holy Spirit himself , they are by Divine Ordination . Nay , what think you , if this Tenent be approved by a plain Act of Parliament ? I hope then it wants no Countenancer England can give it , and it needs not fly for shelter under the wings of the Lordly Clergy . You have these words in the Books of Consecration of Archbishops and Bishops , which is confirmed by Parliament : It is evident to all men reading holy Scripture and Ancient Authors , that from the Apostles time , there have been these orders of Ministers in Christs Church , Bishops , Priests , and Deacons . And again , the prayer in the form of Consecrating Bishops — Almighty God , giver of all good things , which by thy holy Spirit hast appointed divers Orders of Ministers in thy Church ; Mercifully behold this thy Servant now called to the Work and Ministry of a Bishop . And in the Question to the Person to be consecrated Bishop , Are you perswaded you be called truly to this Ministration , according to the will of the Lord Iesus Christ , &c. I beseech you Sir , consider , whether these words , or the Prayer , could fall from any man not possessed with this Tenent , that Episcopacy is of Divine Right : For if the three Orders may be found by reading Scripture , together with antient Authors ; if men are taught to pray , That God by his Spirit hath appointed divers Orders in his Church , and this made the ground of praying for the present Bishop ; If the Person to be consecrated must profess , that he is called according to the Will of our Lord Jesus Christ : either all this must be nothing but pure pageantry , and then the Parliament mocked God by their Confirmation ; or else Episcopacy is grounded on Scripture , is appointed by the Spirit of God , is according to the Will of our Lord Jesus , and all this hath not been said of late , and countenanced only by some , &c. And we have the less reason to doubt , that this Tenent was countenanced in this Church of ours , because we find it desired in those parts that have lost Episcopacy . For we are told by Doctor Charelton ( after Bishop of Chichester , one that writ against the Arminians ) more than twenty-five years since , That sitting at Dort , he there protested in open Synod , that Christ ordained no Parity , but made twelve Apostles the Chief ; so under them the Seventy Disciples , then Bishops succeeded the Twelve , and Presbyters the Seventy Disciples . He affirmed this order had still been maintained in the Church , and then challenged the Judgment of any learned man that could speak to the Contrary : Their answer was silence , which was approbation enough . But after ( saith he ) discoursing with divers of the best learned of the Synod , He told them how necessary Bishops were to suppress the then rising Schisms . Their answers were , That they did Honour & much Reverence that good Order and Discipline of the Church of England , and with all their hearts would be glad to have it established amongst them , but that could not be hoped for in their Estate ; their hope was , that seeing they could not be what they desired , God would be merciful to them that did what they could . If they hoped for mercy to pardon what they did , sure they must suppose that what they did was sinful ; nay , they thought their necessity it self could not totally excuse that sin ; for then in that particular there had been no need of mercy . Nor could they well think otherwise , for being pressed , they denied not but that Episcopacy was of Christs own Institution , and yet they were not Lordly Clergy . Nor do I well see how either by charitable or civil men , they can at all be taxed either for want of Reason or Honesty . But this Londoner goes on , and proves this Tenent , could not be here countenanced ; for we alwayes allowed the Protestants of Germany , the Low Countrys , &c. part of the Reformed Catholick-Church , though they had no Bishops . The Reformed Catholick Protestant-Church , a pretty expression , just like that so well known , the Roman-Catholick Church , which we were wont to call a Popish Solecisme , an Universal particular . But wee 'l forgive him this Slip : Suppose his Sence be well worded , yet he has as ill luck in his Argument as his Expression . For though we do maintain , that Episcopacy is of Divine Right ( i. e. ) of divine Institution ; does it then follow , That Germany and the Low Countrys are no Protestant Churches , or no part of the Catholick Church . I could almost believe , that the Author of this Letter writ from London indeed , for sure Oxford makes no such Arguments . No , it must be a Crime of most horrid Nature , that makes a Church run in non Ecclesiam : For though that of the Iews was bad , Idolatrically bad ; yet God seriously professes , He had sent Her no Bill of Divorce . Nay , no Learned Man of Judgment durst ever yet affirm , That the Romaen Church her self ; was become no true part of the Church - Catholick ; and yet She breaks a flat Precept of Christs ; Drink ye all of this . And shall we be thought to deny the same right unto Christians without Bishops , when they brake but Christ's Institutions ? No! Churches they are , true parts of the Catholick Church , but in point of Ordination and Apostolical Government they are not : And to affirm this , will ( I hope ) he thought ( I am assured by Learned Men ) neither irrational nor unhonest . He goes on — I am certain the King would never have have way for Extirpation of Bishops in Scotland , had he conceived them to be Jure Divino . Grant it were so ; yet of all mankind , are Kings only bound that they must not change their opinions ? or if perhaps they have done ill , must they for their Repentance be far more reproached than Subjects for their Crimes ? The King would not have given way to Presbyterians and Independents to exercise Religion here in their own way ( as by his late Engagement ) when such a Toleration in the face of a divine Law must needs be sinful . There is a great mistake in this Argument ; for , to Tolerate , doth not at all signify either to approve or commend Factions ; neither of which the King could at all do to gross Schismatiques without sin : But it meerly implyes not to punish , which Kings may forbear upon just reason of State , as David forbare the punishing of Ioabs Murther ( I say , in Person he forbare , though he bequeathed it to his Son ) : And we our selves in our English State , have no punishment for all kind of lyars , and yet their sin is against a flat Law divine ; and we should not be still vexed with so much Poetical-News , had we Sanction made that might prohibit and punish them . And now Sir , I conceive , you think that what the Londoner hath said , in this point , amounts to just nothing ; yet , since you would needs enjoyn me , to acquaint you with the state and grounds of the Tenent he is pleased to deride , I shall readily obey you ; For truly Sir , I have ever held you a Gentleman of a pious Inclination , and am confident you will welcome Truth for his sake who is Truth , though it should cross both your gain and peace . Indeed , this Tenent of Divine right of Episcopacy hath been long since , and of late much years opposed ; as on the one side by the Pope and his party in the Council of Trent , and after that by some warmer Iesuites ; so on the other side by Schismatiques and Sectaries , that call themselves of the Reformation . And I remember You and I were oft wont to say , that commonly the truth ( our English Churches Tenents ) lay in the midst between those , and did seem the more Christian , because they were Crucified oft between two such kind of Thieves . We affirm then , Episcopacy to be of Divine Right , ( i. e. ) of Divine Institution , and that must needs imply a Divine Precept too ; for to what end are things instituted by God , but that it is presumed it is our part to use them ? To what end should some men be appointed to teach and to govern , but that it is clearly implyed there are other men too , who ought both to hear and obey them ? He that erects a Bridge over a broad swelling Stream , needs not ( you will think ) add any express command , that men should not hazzard drowning by going into the water . Thus when our Blessed Saviour made his Institution of that great Sacrament the Eucharist , he gave command indeed concerning the Bread , Do this in remembrance , &c. And concerning the Cup , Drink ye all of this ; but he gave no express command to do both these together , and yet his Institution hath been ever held to have the Nature of a Command : and so for One Thousand Years the whole Christian Church did ever practise it , save only in some few cases , in which men supposed a kind of necessity . I say then , Episcopacy is of Divine Right , Instituted by Christ in his Apostles ; who , since they took upon them to Ordain and Govern Churches , you need not doubt they received from their Master an Authority to do both ; for sure men will not think they will break their own Rules : No man takes this upon him , but he that was called of God , as was Aaron . Episcopacy then was Instituted in the Apostles , who were Bishops , and aliquid amplius , and distinguished by Christ himself from the Seventy , who were the Presbyters , so the most antient Fathers generally : Or , if you will take St. Ieroms opinion ( who neither was a Bishop , nor in his angry mood any good friend to that order ) they were Instituted by the Apostles , who being Episcopi & Amplius did in the latter time formalize , and bound out that Power which we do still call Episcopacy , and so these received opinions may well stand together ; for Episcopatus being in Apostulatu , tanquam Consulatus in Dictatura , as the latter and Subordinate Power is alwayes in the greater ; we may truly say , it was instituted by Christ in his Apostles , who had Episcopal Power and more , and then formalized , and bounded by the Apostles themselves , in the Persons of Timothy , Titus , and others ; so that call the Episcopal Order either of Divine Right or Apostolical Institution , and I shall not at all quarrel with it , for Apostolical ( I hope ) will seem Divine enough to Christians : I am sure Claudius Salmasius thinks so ( a sharp Enemy to the Episcopal Order ) If ( saith he ) it be from the Apostles , it is of Divine Right . Thus we find the Power of Ordination and Jurisdiction , to be given to those men alone , for then that Power is properly Episcopal , when one man alone may execute it . So St. Paul to Timothy , Lay hands , &c. in the singular Number , Against an Elder receive not an accusation under two or three witnesses , 1 Tim. 5. 19. And then the Text is plain , he and he alone might do it . So to Titus , For this cause left I thee in Crete , that thou ( and thou alone ) shouldest set in order the things that are wanting , and Ordain Elders in every City . Where plainly these two Powers are given to one Man of Government and Ordination , so St. Iohn to the Seven Churches of Asia , Rev. 14. where he presumes all the Governing Power to reside in the Angels of those Churches , and in them alone , as all the Antients understand it . And hence it is plain that though we should yield , that the Apostles only did institute Bishops ; Yet in this Revelation Christ himself immediately in his own Person , and the Holy Spirit withall did both Approve and Confirm them : And the Bishops of those Sees are called Angels by St. Iohn who was born a Iew , because in Palestine their Chief Priests were there called their Angels , and so this Appellation was taken up by the Apostle in that place , because those were the Chief of those Churches . This truth appears not only from cleare Texts , but from the Universal Consent and Practise of more than One thousand five hundred Years space of all the Christian Churches ; So that neither St. Ierom nor any other Ancient did either hold Orders lawfully given , which were not given by a Bishop , nor any Church-Jurisdiction to be lawfully Administred , which was not either done by their hands , or ( at least ) by their Deputation . I know there are men lately risen up especially in the last Century , who have collected and spread abroad far other Conclusions , and that from the Authority of Text it self : But as it is a Maxime in Humane Laws , Consuetudo optima legum interpres ; So no rational man but will easily yield , it as well holds in Lawes Divine . For I would gladly ask , what better way there can be for interpreting Texts , than that very same means whereby I know Text to be Text , to wit , The Consent of the Church . Shall I believe , and yet disbelieve that self-same Consent , which is the best ground of my belief ? This is as 't were to say , that I believe such a tale for the Authors sake , who hath told it , and yet now I do hold the self-same man to be a Lyar. Men do believe the Testimony of Universal Consent , in the sense it gives of Singular terms , and why not in the sense it gives of Sentences and Propositions ? Without the help of this Consent ( which indeed is the ground of our Dictionaries ) how shall we know that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifies the Resurrection of the Body , which the Socinians at this day deny ? And I know no such way to confute their Errour as by the Authority of this Consent . Admit then of that Rule that Consent Universal is the best interpreter of the Text , and then I am sure , that it is as clear as true , that Episcopacy is of Divine or Apostolical Right . And that Proposition , There can be no Ordination without the hands of a Bishop , will clearly appear to be as well grounded as this . There can be no Baptism without a Lawful Minister , which yet is good Divinity amongst our new Masters in Scotland , and antiquity allowed it , Extra casum necessitatis ; For I ask upon what Text do they ground this Rule ? I suppose they will say upon our Saviours Words , Go teach all Nations and Baptize them ; but in the Institution of the Eucharist , he spake those words too , but only to the Twelve , Drink , &c. Mat. 26. I demand then , how shall we know that when our Saviour spake those words to the Eleven , he spake them only as to Lawful Ministers , but when he spake the other to the Twelve , he spake them at large as to them that did represent all Christian men ? So that though only Ministers may Baptize , yet all Christians may receive the Cup ? Perhaps they l say , that this general receiving the Cup is manifest from the 1 Cor. 11. ( and I think so too ) where St. Paul seems to chide the whole Church for their irreverence at the Sacrament : But if a quarreller should reply , that he there speaks but of the Presbitery only , whereof many were at that time at Corinth , as when in Chap. 5. he seems to chide the whole Church for not Excommunicating the Incestuous Person ; yet t is plain , that he means none but the men in Government ( as sure all Presbyterians will allow me . ) I know not what could be said , but to make it appear out of the Fathers and others , that the whole Christian Church never took the words in that sence . And if to stop the mouth of the contentious , we must be constrained to quote the Authority of Universal Consent , and of the common practise of Christs Church , then you 'l easily see , that those two Propositions named , do stand fast on the same bottom . There can be no Baptism without a lawful Minister extra casum necessitatis , for so the Practise and Consent of Universal Church have still interpreted that Text. And again , 't is true there can be no Ordination without the hands of a Bishop , for so those Texts out of Timothy and Titus have been understood and practised for One thousand five hundred Years together , by the Consent of the whole Church of Christ. 'T is true that this precept of Christ , Go ye , teach all Nations , and baptize them , runs not in exclusive words , ye Apostles , or ye lawful Ministers , and none else ; yet extra casum necessitatis , none was allowed but a lawful Minister : so that though those commands , Lay hands suddainly on no Man , and do thou Ordain Elders in every City , run not in Verbis exclusivis , thou and none but thou , or men of thine Order only , yet the Church understanding , and Preaching them in an exclusive sense , no man for One thousand and five hundred Years in any setled Church , was held rightly Ordained without , the hands of a Bishop . Nay , that there is something Divine in the Episcopal Order , will appear clearly by this ; That immediately from the times of Christ and his Apostles , yea within the reach of those times , it was Universally spread throughout the whole Church ; so that no man can name a Nation , that was once converted to the Christian Faith , but he shall soon find there were Bishops . So that there must needs have been an Universal Cause for an Effect that was so Universal . General Council there was none about it , at which all Christians might have met , and might thence have obeyed their directions : Nor can any name a Power to which all Christians would submit ( for they were soon fallen into factions ) but either the Authority of Christ or his Apostles ; from them then must needs flow the Episcopal Order , and at that Fountain I shall leave it : I say within the reach of the Apostles times , for before St. Iohn dyed , there are upon good Church Records above Twenty-eight Bishops appointed to their several Sees , as at Ierusalem , Alexandria , Antioch , Rome , Ephesus , Crete , Athens , Colosse , and divers others , a Catalogue whereof I shall be ready to attend you with , when you shall be pleased to command it . And hence it will be plain , how great a Corruption , nay how flat a sin is brought into Christs Church , when Episcopacy is thrown down , and so where Ordination is performed by any hands without theirs , 't is as gross as if the Laymen should be allowed to baptize where a Presbyter stands by . Nay more , 't is as bad , as if the Order of Presbytery should be thrown down , that Laymen might Baptize . What is this but wilfully to run into necessity , which may thence create an Apology ? 'T is a Corruption far worse , than if a Church should audaciously attempt to put down the Lords day , since the Observation of that time is neither built on so clear a Text , nor on the help of so Universal consent as is the Order of Episcopacy . So that if men can think it sinful to part with the Lords day , though the Institution of it be merely Apostolical ; they must needs confess , that there is at least as much sin ( nay indeed more ) in parting with their Bishops : And then the Oxford Doctrine he abuses , and talks of as Transmitted for Orthodox Truth , will ( it seems ) prove no less in earnest . Secondly , For the point of Sacriledge ; and the better to clear this , I must premise these directions . 1. That God accepts of things given Him , and so holds a Propriety as well in the New as Old Testament . 2. That God gets that Propriety in those things He holds , as well by an Acceptation of what is voluntarily given , as by a Command that such things should be presented unto Him. 3. To invade those things , be they moveable or unmovable , is expresly the Sin of Sacriledge . 4. That this Sin is not only against Gods positive , but plainly against the Moral-Law . For the First , I quote this Text , I hangred , and ye gave me Meat , I thirsted , &c. Mat. 25. If Christ do not Accept of these things , He might say indeed , That you offered Me Meat ; but He cannot say , that you gave it , for a Present , is then only to be called a Gift , when it is Accepted as his own that takes it . And doth He thus accept of Meat and Cloathing , and doth he not accept of those kind of Endowments , that bring both those to Perpetuity ? Will He take Meat , and refuse Revenues ? Doth He like ( can you imagine ) to be Fed and Cloathed to day , and in danger to be Starved to morrow ? The Men thus provided for , He calls no less than His Brethren , In as much as you have done it , &c. Whether those were of those Brethren which He enjoyned to Teach others , or of those He would have instructed , the Text then doth not decide : Without doubt it must be meant of both , for 't were a strange thing to Affirm , That Christ likes it extream well , to be Fed and Cloathed in all those He calleth His , but only in the Twelve and Seventy . But to put it out of doubt , That what is done to these , is done to Him too , His own words are very clear , He that receiveth you , receiveth Me ( you Teaching Disciples ) in the work of the Gospel , when He sends them forth to Preach ; and that Reception implys all such kind of Provision , as is apparent throughout the whole Tenour of that Chapter . And again , I quote that so well known passage of Ananias , and Saphira his Wife , Acts 5. His Sin was , he kept part of the Price of those Lands he had given to God , for the publick use of Christ's Church ; they were given to God , and 't is as plain God did accept them . For St. Peter ( you know ) thus reproves him , why hast thou Lyed , or why hast thou deceived the Holy Ghost ? For so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doth properly import ; why dost thou so cheat him of what is now his proper Right ? And again , Thou hast not Lyed unto Men , but unto God , ver . 4. And is this so strange a thing ? Are our Lyes to be accounted Sins before God ? Yes , All against God , as a Witness and a Judge , but not all as a Party : And so this is a more remarkable , a more signal Lye. Thou hast not Lyed to Man , a Negative of Comparison , not so much to Man , as to God ; what 's done to them is scarce worth the naming : But thou hast Lyed to God as a Witness , and a Judge , and a Party too : Thou hast Lyed , and robbed God by Lying , and so run thy self into a most horrible Sin , and it shall appear in God's judgment : So the Fathers generally expound the place , both of the Greek and Latine Church ; and affirm , his Crime was a robbing of God of that Wealth , which by Vow or Promise was now become God's Propriety ; so the modern interpreters ; so Calvin , Sacrum esse Deo profitebatur ; and Beza , Praedium Dco consecrassent ; and he that will not believe so universal Consent in the Interpreting of a place of Scripture , should do well to consider , whether on the same Ground ( as I told you before ) he may not be brought to doubt of his Dictionary ( for that 's but universal Consent ) he may as well almost doubt , whether 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signify God , and altogether as well , whether 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signify the Gospel . The New-Testament will afford more places for that purpose , Rom. 2. 22. Thou that abhorrest Idols , committest thou Sacriledge ? 'T is true , these words are spoken , as to the Person of an unconverted Iew ; and may be therefore thought to Aim only at those Sins which were against the Law of Moses : But do but view St. Paul's way of Arguing , and you shall find quickly they come home to us too . He there tells the Iew , that he Taught others those things which yet he would not do himself ; and he strives to make this good , by three several Instances : First , Thou that Preachest a Man should not steal , dost thou steal ? Secondly , Not commit Adultery , dost thou commit Adultery ? In both which , 't is plain , that the Iew he dealt with , did the same thing he reprehended ; and straitway the Third comes , Thou that abhorrest Idols , dost thou commit Sacriledge ? So that hence will follow ( if St. Paul's words have any Logick in them ) that these two Sins are of the self-same nature too ; and that to commit Sacriledge , is a breach of the same Law as to commit Idolatry : So that this Crime will appear without all doubt , a plain Robbing of God. For he that Steals from Men , yea , though a whole Community of Men ; yet he Sins but against his Neighbour , 't is but an offence against the second Table of the Law : But Sacriledge layes hold on those things which the Latine Laws call Bona nullius , it strikes down right immediately at God ; and in that regard no Idolatry can can do it ; 't is a breach of the first Table of the Law ; and both these Crimes are equally built on the self-same contempt of God. The Offender in both kinds , the Idolater , and the Sacrilegious Person both think meanly of Him. The first conceives He will Patiently look on , while His Honour is shared to an Idol ; the other imagines He will be as unconcerned , though His Goods be stolen to His Face . This was , without doubt , the Sence of all the ancient Church ; for upon what Grounds could they profess they gave Gifts to God , but only that they presumed , That God was pleased to Accept them . So saith Irenaeus , We offer unto God our Goods , in token of Thankfulness . So Origen , By Gifts to God , we acknowledge him Lord of All. So the Fathers generally : So Emperors and Kings : So CHARLES the Great , To God we offer , which we deliver to his Church , in his well known Capitulary ; and our own Kings have still spoken in this good Old Christian Language ; We have Granted to God , for us , and our Heirs for ever , that the Church of England shall be free , and have Her whole Rights and Liberties inviolable : They are the first words of our Magna Charta ; Her whole Rights and Liberties ; words of a very large Extent , that imply far more than Her Substance , and yet these , and all these Lands , Honours , and Jurisdictions , all these have been given to God ; yea , and frequently confirmed by the publick Acts of this Kingdom . And if Ananias might thus promise , & yet Rob God ; I beseech you Sir consider , whether England may not do so too . For the Second , 't is plain in the Text , That God did as much take the Temple to be His , as He did the Iews Tythes and Offerings ; these last indeed were His by special and express Law and Command , 2 Sam. 7. but the Temple was the voluntary design of King David , and the voluntary work of King Solomon . Nay , God expresly tells David , That He had been so far from Commanding that House , that He had not so much as asked this Service . And therefore St. Paul , in his Apology , tells the Iews , Neither against the Laws of the Jews , nor against the Temple , have I offended any thing , Act. 25. 8 For he might in some cause offend against the Temple , and yet not against the Law : Notwithstanding God pleads as much for his Temple in the Prophet Haggai , as he doth in Malachi , for his Tythes and Offerings . In this , his words are — Ye have robbed me in Tythes and Offerings . In the other — Is it time for you , O ye , to dwell in cieled houses , and this house lie waste ? Therefore ye have sown much , and bring in little ; ye eat , but ye have not enough . And to affirm in the New Testament , that God doth accept of meat , drink , and cloathing as is plain ; of money , for which the Land was sold , as in the case of Ananias : And yet he doth not accept of Land it self , is so contrary to all reason , so contrary to the practice not only of the Christian , but of the Heathen world ; so contrary to what God himself hath expressed in the Old Testament , and no where recalled in the New ; that he which can quiet Conscience with such Conceits as these , may ( I doubt not ) attain to the discovery of some Evasions , which , in his Conceit , may palliate Murther or Adultery ; or to think those Possessions are indeed Gods which he commands , but not those which he accepts , is to use God so , as we would neither use our selves , nor our Neighbours : For no Man doubts , but that 's as properly mine which I accept , as what I attain to by my own personal Acquisition , be it by a just way , by Study , by Merchandize , &c. For the Third : Sacriledge is then committed , ( say the Schools and Casuists , and they speak in their own Profession ) Quando reverentia rei Sacrae debita violatur ; when we violate the Reverence due to a thing Sacred , by turning it into a thing Profane , so that this Violation may be committed either per furtum , strictly so taken , by stealing a thing moveable ; or , per plagium , by stealing of a Man ; or , per invasionem , by spoiling Men of Lands or things immoveable : For as any one of these done against our Neighbour , is , no doubt , in Scripture phrase Theft , a Sin against the Eighth Precept ; so done against God , 't is no doubt a Sacriledge , and a breach of the Table , be it against the First or Second Commandment , I stand not now to dispute . Thus the word in the New Testament to express this Sin , is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , praeda , or spolium so that Sacriledge is not only to be defined by Stealth strictly taken , but 't is a depredation , a spoliation of Things consecrated ; and so the word extends it self as properly ( it not more ) to Lands , as to Things moveable . And hence Aquinas is plain , That Sacriledge reaches out its proper sense — Ad ea quae deputata sunt ad sustentationem ministrorum , sive mobilia , sive immobilia : For 't would be very strange to affirm , That in the sacking of Ierusalem , Nebuchadnezzar was sacrilegious , when he transported the holy Vessels ; but not at all , when he burnt the Temple . For the Fourth : Common Reason hath taught all , even the Pagan Nations , to hold Sacriledge a Sin ; so that Lactantius observes , ( and he was well read in humane Learning ) and therefore chosen Tutor to a Son of Constantine the Great : In omni Religione nihil tale sine vindicta ; God will remarkably revenge this Sin , not only in the true , but amongst Men of the most false Religions . And 't were easie to shew , That no Nation did ever yet adore a God , but they thought he did accept them , and possess himself of some substance ; I omit those Proofs that would be thought too tedious , 't is enough to quote the Prophet's words which he speaks to the Iews . Will a man rob God ? Yet ye have robbed me , Malachi 3. 8. A Man , any man , though an Amorite , or a meer Philistine , a Pagan , ( that must be the sense ) will not do that to his god , which you Iews do to Me : For the Law written in his heart , ( and he can go by no other ) that Law controlleth this Offence , and so plainly tells him , that because his God may be robbed , or despoiled , he may therefore have a Property . And if Sacriledge be a Sin against the Law Moral , 't will follow , That what we read in the Old Testament against that Sin , must be as Moral ( and that whereby we Christians are as much obliged ) as what we read against Theft or Adultery : save only these passages which are peculiarly proper unto the policy of the Iews , and we may let them go for Judicial . These Directions premised , I return to this Epistler , who conceives it no Sacriledge to take away Church-Lands . — Nor do I ( saith he ) ground my Opinion barely upon the frequent practice of former Times not only upon Acts of Parliament , ( in the Times of Queen Elizabeth , King James , and King Charles , if you have not forgotten the exchange of Durham-house , as well as Hen. 8. ) but even by the Bishops themselves , &c. He will not ground his Opinion upon bare practice , and indeed he hath little reason for it ; for if from a frequent practice of sin , we might conclude it were no sin , we might take our leaves of the Decalogue and ( as our New Masters do ) put it out of our Directory , because our intent is to sin it down . And therefore I shall say no more of such Laws of Hen. 8. than I would of David's Adultery , that it is no ground at all to make Men bold with other Mens Wives . Queen Elizabeth made a Law , ( so you have told me , Sir for I speak nothing in this kind but from you ) That Bishops might not alienate their Castles , Mannors , &c. but only to the Crown : But if she sometimes took order that Churchmen should not be Bishops , till they had first made such Alienations , ( as I have oft heard you say she did ) I know not how to defend it , but must withall tell you , That if Prince or Subjects resolve to sell the Church Preferments , it is great odds but in a Clergy consisting of Ten thousand Persons , they shall have Chapmen for them . For King Iames , I must highly commend that most Christian Prince , you say amongst his first Laws took away that of Queen Elizabeth . Nor can I well tell when this Epistler doth quote King Charles for this purpose , unless it were only for the Alienation of York-house ; but I must inform him that that Act was lawful , because it was for the advantage of that Archiepiscopal See , there being clear Text for it , that the Levites themselves might change that which was theirs by Divine Law , so they gained by Permutation ; and this Answer will serve for what King Charles did about Durham-house . But he thinks it an Argument — That by the Bishops themselves , Deans and Chapters , such things were done , Alienations were made , long Leases were granted . True , Sir , for these Clergymen were but Men , and their sins can no more abrogate Law , than can the Sins of the Layety ; yet I could name you Churchmen of great Note , who totally refused to be preferred by that Queen to any Bishoprick at all , because they would by no means submit their Conscience to the base Act of such Alienations , and one of them was Bishop Andrews . I could tell you too , that those long Leases he speaks of , had one cause more than the Marriage of the Clergy ; for when they saw a Stool of Wickedness set up , of sacrilegious Wickedness , that imagined Mischief by a Law ; some , not the most Men , thought it fit to make those long Leases , that the Estate of the Church might appear more poor , and so the less subject unto Harpies , and then their hope was , that at the length ( at least after many Years spent ) it might return whole unto the Successors . He goes on — But to deal clearly with you , Sir , I do not understand how there can be any Sacriledge , ( properly so called ) which is not a Theft , and more , viz. a Theft of something dedicated to Holy Vse , ( a Communion Cup , for instance , or the like ) and Theft , you know , must be of things moveable , even by the Civil Law ; and how Theft can be of Lands or Sacriledge by alienating Church-Lands , I pray ask your Friend Holborne , and his Fellow-Lawyers , for ours here deride us for the Question ? — It seems they are very merry at London , or at least this Epistler thinks so ; for being Winners , he might perhaps conceive they make themselves pleasant with a Feather ; and that this Argument is as light a thing , appear'd before by my 3 d Answer . For can any man think ( in earnest ) that 't is Sacriledge ( and so a Sin ) to take away a Cup from a Church , but 't is none to take away a Mannor ? As if Ahab had been indeed a Thief , had he robbed Naboth of his Grapes ? But Elijah was too harsh when he talked to that good King , because he only took away his Vineyards . Indeed there is such a Nicety in the Civil Law , that Actio Facti lies only against him that hath stolen Rem Mobilem ; for Iustinian ( it seems ) in the Composition of his Digests , ( which he took from the writing of the old Iuris Prudentis ) thought it fit to follow Vlpian's judgment ; and yet Sabinus in his Book de Furtis , ( a Man of Note amongst those Men ) was known to be of another Opinion — Non tantùm rerum moventium . Sed fundi & aedium fieri Furtum . I would gladly know of this Epistler , whether he thinks all Men , both Divines and others , bound to frame all the Phrases of their Speech , according to the Criticisms of the Civil Law , as it is now put out by Iustinian ? If not , why may not some use the word Furtum in Sabinus's sense , as well as others may in Vlpian's , and then Sacriledge may be properly a Theft , and as properly in immoveables ; or if we must needs speak in your sense whom Iustinian hath approved , I do not well see how a Man can spoil the Church of her Lands , and at the Civil Law 'scape an Action of Theft ; for it lies against him that takes the Trees , Fruits , and Stones . And I am confident there 's no Church-Robber , but he intends to make use of those kind of Moveables ; otherwise , what good will his Church-Land do him ? And if he make this use , a Thief he is in the Civil Law Phrase ; and then in the sense of this Epistler himself , he is without doubt a sacrilegious Person . But where ( I wonder ) did the Londoner learn that Furtum strictè Sumptum , was that genus of Sacriledge ? So that where there is no Theft in the Civil Law sense , there is none of this kind of Sin. I am sure 't is neither intimated by the Greek , nor Latine word , nor ( I believe ) delivered by any learned Author on this Subject : So that I must set down an Assertion , and ( I conceive well grounded too ) point blank against this Londoner , and affirm there may be a Sacriledge properly so called , whch is not a Theft in the Civil Law sense ; which has been proved in the 3 d Affertion , and need not trouble Sir R. Holborne , ( that learned Gentleman may have other business ) nor his Fellow-Lawyers : For I doubt not there are enough besides who will here smile at this passage , and will think that this Epistler hath met with a Civil Law Quirk , which he knew not well how to wield : But , to say truth , he deals clearly with the Doctor , and tells him , that for his particular , he doth not yet understand , which for my part I do believe , and do only wonder , that he would laugh at another , in a Point he could no better satisfie him in . He goes on — The hyre of a Labourer at most as sitting maintenance , is all that can be challenged . But the Maintenance must be honourable , or else we Christians , use God like no other Men , far worse , I am sure , than do Pagans . And when such a Maintenance hath been once given in Lands , the Acceptation of it will soon make the Gift immoveable ; so that it signifies little , to say the Apostle had no Lands , for they who had the Money for Lands sold , might ( no Man will doubt ) have still kept the Lands , had they liked them : But the Church being in Her Persecution , the Disciples were to flie , and Lands , we know , are no moveables . And 't were very strange , if not ridiculous , to affirm , that Ananias and his Wife sinned , in taking back what they had promised ; but if in Specie they had given those Lands , they might have revoked that Gift without Sacriledge . He proceeds — Which I mention , to avoid the groundless Arguments upon the Lands and Portions allotted to the Tribe of Levi by God's appointment , to whom our Ministers have no Succession . Our Ministers challenge nothing which belonged to the Tribe by Levitical Right , but where things are once given to God for the use of his Ministers , they there get a moral interest ; and what we read of this kind in the Old Testament , doth as much oblige Christians , as if it were in the New. And then 't will follow , that they enjoy your Lands by the same Law of the State as others do , and must be subject to that Law which alone gives strength to their Title . Out toto Coelo ! Have Churchmen no Title to those Possessions they enjoy , but by the Law of this Land alone ? Yes , besides these , they have Christ's Acceptation , and so they are become theirs by Law Evangelical ; their Lands are God's own Propriety , and so they hold them from him by the Law moral too . And therefore though by the new Constitution of the Laws of the Land , they hold Estates in Fee simply , and so may alienate , without punishment from the Law of England ; yet they cannot do it without guilt of Sin , as being a breach of the Law Evangelical and Moral , except then only when they better themselves by some gainful , at least not hurtful Permutation . Besides , were this Argument good , it would only follow , that the Clergy by their own , yet might alienate their Lands , but none else without their consent . And I conceive it would not now prove so easie a task to bring Churchmen to such an Alienation : But the Parliament may do it . — For ( saith he ) I am sure it will be granted , that ( by the Laws of this Nation ) whosoever hath Lands or Goods , hath them with this unseparable condition of limitation , ( viz. ) that the Parliament may dispose of them , or any part of them , at their pleasure . This you have told me , Sir , is strange Doctrine : For neither the Parliament ( I hope he means the King in Parliament ) doth this , as being the Supreme Power , or as being Representative , and so including the consent of the whole People of England . If as being the Supreme Power , it will follow that any absolute Prince may as lawfully do the like ; and yet this hath ever been held Tyrannical in the Great Turk , as being against the Rules of all Justice and Humanity . Indeed Samuel tells the Israelites , That since they would needs change their Theocracy , the immediate Government of God himself , though it were into a Monarchy , the best of all humane Governments . Their Kings should take your Sons , and your Daughters , their Fields and their Vineyards , &c. and they shall cry , and find no help . Yet the best Divines think this would be most sinful and most unjust in those Kings , and expresly against the Law of Moses , who grants to every Man his Propriety : only the Prophet avers it should not be punishable in him , they should have no remedy , since being the Supreme Power , it was in no Subjects hands to judge him . So if the Kings in Parliament should take away the Church-Lands , there is ( I confess ) no resistance to be made , though the Act were inhumanely sinful : or else the Parliament doth this , as representing the whole People , so including their consent : ( For they who do consent , can receive no injury . ) And then I understand not which way it can now at all touch the Clergy , who are neither to be there by themselves , nor yet ( God knows ) by Representation . Or if again they were there , I would gladly know what Burgess , or what Knight of a Shire , nay , what Clerk or Bishop do represent Christ , ( whose Lands these are ) and by vertue of what Deputation ? Or do I believe that any Subject intends to give that Power to him that represents him in Parliament , as to destroy his whole Estate , except then only when the known Laws of the Land make him liable to so high a Censure ? But grant this Doctrine were true in Mens Lands , yet sure it will not hold in Gods : For since in Magnâ Chartâ ( that has received by Parliament at least Thirty Confirmations ) the Lands we now speak of are given to God , and promise there made , that the Church , Her whole Right and Liberties should be held inviolable . Surely the Kingdom must keep what she hath thus promised to God , and must not now think to tell Him of implied Conditions or Limitations . For 't were a strange scorn put upon Him , that Men should make this grand promise to their Maker , and then tell Him , after so many hundred years , that their meaning was , to take it back at their pleasure . I believe there 's no good Pagan that will not blush at this dealing , and conclude , That if Christians may thus use their God , without doubt he is no God at all . Hence it is ( saith he ) they sometimes dispose some part in Subsidies , and other Taxes , the Parliament disposes part of Mens Estate in Subsidy , and without their consent , Ergo it may dispose of all the Church-Lands , though the Churchmen themselves should in down-right terms contradict it . Surely , Sir , this Account is neither worth an Answer , nor a Smile : For I am sure you have oft told me , That the Parliament in Justice can destroy no Man's Estate , though private ; or if upon necessity it may need this or that Man's Lands for some Publick Use , yet the Court is bound in Justice to make that Man amends . Subsidies , you say , were imposed Salvo contenento ; so that a Duke may still live like a Duke , and a Gentleman like a Gentleman . Is 't not so with the Clergy too ? By your own consent indeed , and not otherwise , they are often imposed , and payed by them ; but if they are burdens , which they may bear Salvo contenento , they are payed not out of God's Propriety , by alienating his Lands , but out of the Vsus Fructus they receiv'd from God , and so the Name doth go on to their Successors . So that to infer from any of these Usages , that the Lands of Bishops , Deans and Chapters , may be wholly alienated from the Church , is an Inference that will prevail with none but those , who being led by strong passions that it should be so , make very little use of the Reason . He proceeds — Now hence comes the mistake , by reason there is not such an express Condition or Limitation in the Deed of Donation , ( which should silence all dispute ) wherein it is as clear as truth , that where any thing is necessarily by Law implied , 't is as much as if in plain terms expressed , &c. No marvel if such Conditions be not expressed in Benefactors Deeds of Donation , because it will make such pious Deeds most impiously ridiculous : For who would not blush to tell God , that indeed he gives him such Lands but yet with very clear intent to revoke them ? And what Christian will say , that such an intent is tacitely there , which were Impiety to express ? Nay , it is apparently clear , by the Curses added by such Donors upon those who shall attempt to make void their Gifts , that their meaning was plain , that such Lands should remain Gods. For ever by Magna Charta these Gifts are confirmed unto the Church of England , ( She shall have all Her whole Rights and Liberties inviolable ) and yet is there a tacite condition in that self-same Law that they may be violated ? No marvel if with us , Men cannot trust Men , if God himself must not trust our Laws ; and if that Charter , or any else made by succeeding Princes , do indeed confirm such Donations , ( as without all doubt they do ) sure they must confirm them in the same Sense wherein the Donors made them , for so do all other Confirmations . I say in this case of a total Disinherison , there cannot be in Law any such tacite Conditions , or Limitations , as the Epistler speaks of ; for I have shewed you such to be tyrannical and unjust in a private Subject's Estate , therefore in Gods they are much more unjust , because we are sure he cannot offend , and the tyrannical and unjust meaning cannot be called the meaning of the Law. The Letter goes on — Besides , it were somewhat strange , that the Donors of the Land should preserve them in the hands of the Bishops from the power of the Parliament , which they could not do in their own , and give them to a greater and surer Right than they had themselves . The Lay-Donor might preserve them thus in his own hands , suppose him but an honest Person ; for though a Parliament may Impunè disinherit such an innocent Man , yet they cannot do it justly , and so in this regard , both the Donor and they are ( you see ) in the very same condition . Besides , 't is no such very strange thing for the self-same Right ( as a Right suppose a Fee-simple ) to become more sure in his hand that takes it , than it ever was in his hand that gave it . For though the Right it self be still the same Right , ( for Nemo dat quod non habet ) yet by Gift it may come into a stronger hand , and so by this means that self-same Right may become the stronger . And sure with us , God's hands should be more stronger than Man's : Nay hence , as some think , Lands given to the Church , were said to come in manum mortuam , as 't were a dead hand , that parts with nothing it hath once closed upon . And why the Epistler should call this a strange thing , I do not yet see the reason , because 't is always so when any one Benefactor doth by vertue of a Mortmayne , convey his Lands to any kind of Corporation . Again — Nor do I understand their meaning , who term God the Proprietary of the Bishops Lands , and the Bishops the Usu Fructuarii . I conceive I have made this plain , because such Lands were first offered to God , and become his own Propriety , by his own Divine Acceptation . And if the Dominiam ad rectum of Kings do once rest in God , the Dominum utile , the Vsa fructus only is left a Patrimony to the Clergy . But he adds a Reason — For I know not how ( in propriety of speech ) God is more entitled to their Lands , than to his whole Creation . Here the Epistler speaks out ; for truly , Sir , I fear this Lawyer , your Friend , is little better than an Independant : For has God no more Title ( in propriety of speech ) to one piece of ground than another ? No more to a Church , no more to a place where a Church is built , that where Men have placed a Stable ? Our English Homilies , which are confirmed by Law , cry down this gross piece of Anabaptism . 'T is true , God made all things , and so the whole World is most justly his , by that great work of Creation : But yet the Psalmist's words are as true , The earth hath he given to the children of men . So as that great God is well content to receive back what Men will give him , and this acceptance of his must needs in all reason make those things his more particularly . Thus Christ calls the Temple , My Father's House : 'T was Gods , and Gods more peculiarly ; not only by the right of Creation , but of Donation . Thus Lands given to God are his , and his more peculiarly ; so that his Priests and his Poor being sustained by them , he calls it in a more peculiar manner , his meat , and his drink , and his cloathing . And then , if in point of acceptance with God , there be a great difference betwixt feeding his Priests , and feeding them that do him no service , there must needs be as much difference betwixt Lands set out to that Sacred Use , and Lands of a meer common employment . He gives a second Reason — Were Clergymen the Usu Fructuarii , how come they to change , dispose , and alter the propriety of any thing , which an Usu Fructuarii cannot do , and yet is done by them daily ? Yes , they may change or dispose , or alter many kinds of things , ( for so , without doubt , may an Vsa Fructuarii do ) so that he wrong not his Lord , by an Abuse done to his Propriety . Thus he may change his Corn into Cloathing , or his Wooll into Books . Nay , he may alter the very Propriety of his Possessions too , if he have express leave of his Lord. And God himself did tell Levi , that he was well content that men should alter some things that belonged unto him , so that it were to that Tribes advantage . The Letter goes on — Ask then by what Divine Law St. Mary's Church in Oxon may not be equally employed for Temporal Vses , as for holding the Vicechancellor's Court , the Vniversity , Convocation , or the yearly Acts ? He might as well have asked , Why not for Temporal Uses as for Temporal Uses ; for if these he means be not so , his Argument is naught ; and if they be so , it is not well put down . His meaning surely was , for other Temporal Uses , as well as for these . And truly , Sir , to put a Church to any such kind of use , is not to be defended ; and therefore I excuse not the University , especially She having had at least for a good time so many large places for these meetings : Yet something may be said for the Vicehancellor's Court , because 't is partly Episcopal ; something for the Act , at least in Comitiis , because 't is partly Divinity ; but I had rather it should receive an amendment , than an excuse , though it follow not neither , that because this Church is sometimes for some few hours abused , therefore it may be always so ; as if because sometimes it is made a prophane Church , therefore fit 't were no Church at all . He proceeds — And for the Curses , ( those bugbear words ) I could never yet learn , that an unlawful Curse was any prejudice but to the Author , of which sort these Curses must be , which restrain the Parliament , or any other , from exercising a lawful and undeniable Power , which in instances would seem very ridiculous , if any Curse should prejudice another lawful Right ; I am sure such Curses have no warrant from the Law of God , or this Nation . No warrant from the Law of God ? I conceive there is a very clear one , and Our Mother the Church commends it to the use of Her Sons , in the express words of the Commination , Cursed be he that removes the marks of his Neighbours Lands , and all the People shall say , Amen . If he be accursed that wrongs his Neighbour in his Lands , what shall he be , that injures his God ? If a Curse light on him , and a publick Curse , ( confirmed by Amen , made by all the People ) who removes but the mark whereby his Neighbours Lands are distinguished , sure a private Curse may be annexed by a Benefactor unto his Deed of Donation , in case Men should rob the very Lands themselves that have been given to their Maker . That such Curses restrain the Parliament in their undeniable Right , is ( you have told me ) but a great mistake : For though the Parliament may impunè ( which in some case is called lawful ) take away Church Lands , yet the Church it self cannot do it justly without a Sin , and that a greater Sin , than removing a Land-mark , and then a higher may follow it . Let the Epistler then take heed of those more than Bugbear words , for believe it , Sir , in such Curses as these , there is much more than Shows or Vizards , and if you will give trust to any Stories at all , many great men have sadly felt it . His last Argument is — Ask your Bishops , Whether Church Lands may not lawfully ( the Law of the States not prohibiting ) be transferred from one Church to another , upon emergent Occasions , which I think they will not deny ; if so , who knows that the Parliament will transfer them to Lay-Lands ? They profess no such thing , and I hope they will not , but continue them for the maintenance of the Ministry . I conceive the Bishops Answer would be , That it is no Sacriledge to transfer Land from one Church to another , but yet there may be much Rapine and Injustice , the Will of the Dead may be violated , and so Sin enough in the Action . Men may be injuriously put from the Estates , in which they have as good Title by the Law of the Land , as these same Men that put them out . To say then that the Church Lands may be totally given up , because the Epistler hopes the Parliament will commit no Sacriledge , is a pretty way of persuasion , and may equally work on him to give up his own Lands , because he may as well hope to be re-estated again , in that the Parliament will do no Injustice . And now , Sir , having thus observed your Commands , yet one thing more I shall adventure to crave your Patience in , and 't is to let you know , That if this Epistler had been right in both his Conclusions — That Episcopacy is not of Divine Right , and that Sacriledge is no Sin ; yet if you cast your Eyes upon His Majesties Coronation Oath , wherein He is so strictly sworn to defend both the Episcopal Order , and the Church Lands and Possessions , you would easily acknowledge , That the King cannot yield to what this Letter aims at . And though I must needs guess , and that the Epistler knew well enough his Juratory Tye , yet you will the less blame him for his concealment in this kind , because he was not retain'd of the Churches Councel . His Majesties Oath you may find published by Himself , in an Answer to the Lords and Commons in Parliament , 26 May. It runs thus : Episcopus . ] Sir , Will You grant and keep , and by Your Oath confirm unto the People of England , the Lavs and Customs to them granted by the Kings of England , Your Lawful and Religious Predecessors ; and namely , the Laws , Customs and Franchises granted to the Clergy by the Glorious King Edward Your Predecessor , according to the Laws of God , the true Profession of the Gospel established in this Kingdom , and agreeable to the Prerogative of the Kings thereof , and the ancient Customs of this Realm ? REX . ] I grant and promise to keep them . Episcopus . ] Sir , Will You keep Peace and godly Agreement intirely ( according to Your Power ) both to God , the Holy Church , the Clergy , and the People ? REX . ] I will keep it . Episcopus . ] Sir , Will You ( to Your Power ) couse Law , Iustice and Discretion , in Mercy and Truth to be exeruted in all Your Iudgments ? REX . ] I will. Episcopus . ] Will You grant to hold and keep the Laws , and rightful Customs which the Commonalty of this Your Kingdom have ? And will You defend and uphold them , to the Honour of God , as much as in You lieth ? REX . I grant and promise so to do . Then one of the Bishops reads this Admonition to the King before the People , with a loud voice : Our Lord and King , we beseech You to pardon , and grant and preserve unto us , and to the Churches committed to our Charge , all Canonical Priviledges , and due Law and Iustice : And that You would protect and defend us , as every good King in His Kingdom ought to be Protector and Defender of the Bishops , and the Churches under their Government . Then the King ariseth , and is led to the Communion Table , where He makes a Solemn Oath in the sight of all His People , to observe the Promises , and laying His Hand upon the Book , saith — The Things which I have before promised , I shall perform and keep . So help me God , and the Contents of the Book . In the first Clause ( it is plain ) He makes a promissory Oath to the whole People of England , ( a word that includes both Nobility , Clergy , and Commons ) That He will keep and confirm their Laws and Customs . And in the second , He swears a particular Promise to the Clergy , That He will keep the Laws , Customs and Franchises granted to the Clergy by the Glorious King Edward . And again ( more plain in the fifth Clause ) he makes the like promissory Oath to the Bishops alone , in behalf of themselves , and their Churches , That He will preserve and maintain to them all Canonical Priviledges , and due Law and Iustice : And that He will be their Protector and Defender . Where since He swears Protection to the Bishops by Name , 't is plain He swears to maintain their Orders : For he that swears he will take care , that Bishops be preserved in such and such Rights , must needs swear to take care , that Bishops shall first be , for their Rights must needs suppose their Essence . And where the King swears Defence , it must needs be in a Royal Kingly way : Tu defende Me Gladio , & Ego defendam Te Calamo , is the well known Speech of a worthy Churchman to his Prince . For sure where Kings swear defence to Bishops , I do not think they swear to write Books in their behalf , or to attempt to make it clear to their People , That Episcopacy is Iure Divino : But a King ( whose Propriety it is to bear the Sword ) swears to bear it in defence of Bishops . For though it be against the very Principles of Christian Faith , that Religion should be planted and reformed by Blood , yet when Christian Kings have by Law setled this Religion , and sworn defence of those Persons that should preach it , he ought sure to bear his Sword to defend his Laws , and to keep his Soul free from Perjury , as well to them , as the rest of his Subjects . And as by Canonical Priviledge that belong to them and their Churches , there must needs be implied the Honour of their several Orders , ( as that Bishops should be above Presbyters , &c. ) together with all the due Rights and Jurisdictions . And the words , Due Law and Iustice , cannot but import , That His Majesty binds Himself to see that Justice be done to them and their Churches , according to Law then in force when He took that Oath . And the King swears Protection and Defence , that Clause must needs reach not only to their Persons , but to their Rights and Estates ; for He swears not only to Men , but to Men in such a condition , to Bishops of their Churches . And whereas He swears to be their Protector and Defender , to His Power , in the Assistance of God ; those words , To His Power , may seem to acquit Him of all the rest , if He fall into a condition wherein all Power is taken from Him. But , Sir , I will prove that a mistake for one of the greatest Powers of the King of England ; Is His Negative in Parliament so , that without Him no Law can be Enacted there , since 't is only the Power Royal that can make a Law to be Law ? So So that if the King should pass a Statute to take away the Churches Lands , He protects it not to His Power : since 't is plain , so long as a Man lives and speaks , he hath still power to say No : For it cannot be said in this Case , that the Church may be ( as it were ) ravisht from the King , and then He may be no more guilty of the Crime , than Lucretia was in her Rape ; for though a chaste Body may suffer Ravishment , yet the strength of a Tarquin cannot possibly reach to Man's Will or Assent . Now in all promissory Oaths made for the benefit of that Party to whom we swear , 't is a Rule with Divines , That they ( of all others ) do most strictly bind , except then allow when Remission is made — Consensu illius cui facta est promissio . So although the King swear to the People of England , That He will keep and preserve their Laws , yet if upon their common desires these Laws be either abrogated , or altered , 't is clear that Oath binds no farther , because a Remission is made by their own consent who desired that Promise from Him. And upon this ground 't is true , the King swears to observe the Laws only in Sensu composito , so long as they are Laws ; but should this desire either to alter or abrogate either Law or Priviledge , proceed from any other but from them alone to whose benefit He was sworn , 't is plain by the Rules of all Justice , that by such an Act or Desire , His Oath receives no remission ; for the foundation of this Promissory is the Oath He was sworn to , and it cannot be remitted but by them alone for whose sakes it was taken ; so that when ( in the second Part of the first Clause , and more plainly in the fifth ) He swears a benefit unto the Bishops alone in behalf of them and their Churches , 't is apparent this Oath must perpetually bind , except a remission can be obtained from the Bishops themselves , and their Churches He was sworn to . This then must be confessed to be the sense of the Oath , that when the King hath first sworn in general , to grant , keep and confirm the Laws and Customs of the People of England , He farther yet swears to the Clergy , to preserve their Laws and Priviledges , and since these are not able to make a Negative in Parliament , so that the Clergy may be easily swallowed up by the People , and by the Lords ; therefore in a more particular manner , they have obtained an Oath to be made unto them by the King , which being for their particular benefit , it cannot be remitted without their express Consent : So that although an Act of Parliament being once passed by the Votes of the King , and both Houses , it doth ( Sir , as you have told me our Lawyers say ) bind the whole People of England , yea , the whole People , as it includes the Clergy too ; yet it concerns the King , by vertue of His Oath , to give His Vote to no such Act as shall prejudice what He hath formerly sworn unto them , except He can first obtain their express Consent , that He may be thereby freed from His Juratory Obligation . It may be said , perhaps , That in the Consent given by both Houses of Parliament , the Consent of the Clergy is tacitly implied , and so it is ( say our Lawyers , as you have told me Sir ) in respect of the Powers obligatory , which an Act so passed obtains upon them ; for they affirm , That it shall strongly bind the Clergy , as if they themselves had in express terms consented to it , although Bishops being debarr'd from the Votes in Parliament , and neither they nor their inferiour Clergy having made choice of any to represent them in that great Council , their Consent can be in no fair sense said to be involved in such Acts as are done , as well without their Representative Presence , as their Personal . But the Question is , Whether such tacit Consent ( though it be indeed against their express Wills ) can have a Power remissory to the King , to absolve Him of His Oath ? He that affirms it must resolve to meet with this great Absurdity , that although besides His general Oath to all the People of England , His Majesty be in particular sworn ot the Rights of the Clergy , yet they obtain no more benefit by this , than if He had sworn only in general ; which is as much as to say , that in this little Draught , Oaths are multiplied without necessity ; nay , without signification at all : And that the greatest part of the first , and the whole fourth Clause , are nothing else but a more painful Draught of superfluous Tautologies . For His yielding to the two first Lines , swears Him to keep and to confirm the Laws and Customs of the whole People of England ; which word People , includes those of the Clergy too , and so in general their Laws and Customs are confirm'd ( no doubt ) in these words , and so confirm'd , that they cannot be shaken , but at least by their tacit Consent in Parliamentary way : And since the King condescends to afford to their Rights a more particular Juratory Tye , there is no doubt but it binds in a way too that 's more particular ; so that His Majesty cannot expect a remission of this Oath , without the Consent clearly expressed . For as when the King swears to keep the Laws of the whole People in general , He can by no means acquire a remission of this Oath , but by the express Consent of the People . So when in particular He swears unto the Laws and Customs of the Clergy , this Oath must needs bind , until it be remitted in an express Form , either by the whole Clergy themselves , or by some Body of Men ( at least ) that represents the Clergy , quatenus a Clergy , and not only as they are involved in that great Body of the People . So that he that presumes to persuade His Majesty to pass any Act in prejudice of the Ecclesiastical Body , ( to whom He is thus sworn ) without their express Consent first obtained , counsels Him that which is both injurious to his Fellow Subjects ; nay , which is indeed a most damnable wickedness against the very Soul of the King. SIR , As I conceive , it is now plain enough , That if the Parliament should destroy the Episcopal Order , and take away the Lands of the Church , the Houses in that Act will run themselves into two Sins , and His Majesty into three . And upon this Supposition the Epistler and I have agreed ; I do not think , saith he , that Convenience or Necessity will excuse Conscience in a thing in it self unlawful : And before that , he calls the contrary , the Tenent of the Romanist , or Iesuited Puritan ; only I will beseech him for his own Souls sake , to consider how great a Scandal he hath given to Mankind , in defence of such Sins as these : For , I conceive , that Durand offended more , in holding that Fornication was no Sin against the Law natural , than Sechem did ( who was only under that Law ) in his lust upon old Iacob's Daughter ; for Fraudem legi facere , ( saith the Civilian ) is worse than Legem violare . It argues a more unsubject-like disposition , for a Man to put Tricks and Fallacies upon his Princes Laws , than to run himself into a downright Violation : And God ( we know ) is a King ; I am a great King , saith the Lord of Hosts , and a King in whose hands is a vengeance . 'T is true , SIR , we are thus put into a very sad Condition , when the only Option that seems left us now , is either to chuse Sin or Ruine ; but yet ( if well us'd ) 't is a Condition glorious , a Condition in which all that Noble Army of Martyrs stood , before they could come at Martyrdom . And if in preparation of mind , we thus lay our Lives down at the Feet of Christ , I am undoubtedly persuaded it is the onely way to preserve them ; for this Word of God is the Lord of Hosts too , and for his Glories sake , he oft effects to save them who have lost both their strength and hopes : But to you , Sir , whom I know so well , such Persuasions as these are needless . I rest Your very Faithful Servant . FINIS . Notes, typically marginal, from the original text Notes for div A61495-e480 M. I. 3. 8. Hagg. 1 4. & 6. Mat. 25. Aquin. 22. Acts 1. Gell. l. 11. l. ult . F. l. v. 1. Lev. 27. 13. Deut. 27. 17. 1646.