and not of their Lay Counsellors how our late Canons came to be annulled c. Pag. 72 CHAP. IX Sheweth a full answer to foure speciall Objections that are made against the Civill jurisdictions of Ecclesiasticall persons their abilities to discharge these offices and desire to benefit the Common-wealth why some Councels inhibited these offices unto Bishops c. Pag. 86 CHAP. X. Sheweth that it is the Kings right to grant Dispensations for Pluralities and Non-residency what Dispensation is reasons for it to tolerate divers Sects or sorts of Religions the foure speciall sorts of false Professors S. Augustines reasons for the toleration of the Jewes toleration of Papists and of Puritans and which of them deserve best to be tolerated among the Protestants and how any Sect is to be tolerated Pag. 101 CHAP. XI Sheweth where the Protestants Papists and Puritans do place Soveraignty who first taught the deposing of Kings the Puritans tenet worse then the Jesuites Kings authority immediately from God the twofold royalty in a King the words of the Apostle vindicated from false glosses c. Pag. 116 CHAP. XII Sheweth the assistants of Kings in their government to whom the choyce of inferiour Magistrates belongeth the power of the subordinate officers neither Peeres nor Parliament can have supremacy the Sectaries chiefest argument out of Bracton answered our Lawes prove all Soveraignty to be in the King Pag. 127 § The two chiefest parts of the regall government the foure properties of a just warre and how the Parliamentary faction transgresse in every property Pag. 134 CHAP. XIII Sheweth how the first government of Kings was arbitrary the places of Moses Deut. 17. and of Samuel 1. Sam. 8. discussed whether Ahab offended in desiring Naboths Vineyard and wherein why absolute power was granted unto Kings and how the diversities of government came up Pag. 142 § The extent of the grants of Kings what they may and what they may not grant what our Kings have not granted in seven speciall prerogatives and what they have granâ—â—◠〈…〉 Pag. â—47 CHAP. XIV Sheweth the Kings grants unto his people to be of three sorts Which ought to be observed the Act of excluding the Bishops out of Parliament discussed the Kings Oath at his Coronation how it obligeth him and how Statutes have beene procured and repealed Pag. 155 § Certaine quaeres discussed but not resolved the end for which God ordained Kings the prayse of a just rule Kings ought to be more just then all others in three respects and what should most especially move them to rule their people justly Pag. 163 CHAP. XV. Sheweth the honour due to the King 1. Feare 2. An high esteem of our King how highly the Heathens esteemed of their Kings the Marriage of obedience and authority the Rebellion of the Nobility how haynous 3. Obedience fourefold divers kindes of Monarchs and how an absolute Monarch may limit himselfe Pag. 169 CHAP. XVI Sheweth the answer to some objections against the obeying of our Soveraigne Magistrate all actions of three kindes how our consciences may be reformed of our passive obedience to the Magistrates and of the Kings concessions how to be taken Pag. 181 CHAP. XVII Sheweth how tribute is due to the King for six speciall reasons to be paid the condition of a lawfull tribute that we should not be niggards to assist the King that we should defend the Kings Person the wealth and pride of London the cause of all the miseries of this Kingdome and how we ought to pray for our King Pag. 190 CHAP. XVIII The persons that ought to honour the King and the recapitulation of 21 wickednesses of the Rebels and the faction of the pretended Parliament Pag. 203 CHAP. XIX Sheweth how the Rebellious faction have transgressed all the ten Commandements of the Law and the new Commandement of the Gospell how they have committed the seven deadly sinnes and the foure crying sinnes and the three most destructive sinnes to the soule of man and how their Ordinances are made against all Lawes equity and conscience Pag. 212 CHAP. XX. Sheweth how the rebellious Faction forswore themselves what trust is to be given to them how we may recover our peace and prosperity how they have unking'd the Lords Annointed and for whom they have exchanged him and the conclusion of the whole Pag. 223 The Rights of Kings both in CHURCH and STATE And The Wickednesses of this pretended PARLIAMENT manifested and proved CHAP. I. Sheweth who are the fittest to set down the Rights which God granted unto Kings what causeth men to rebell the parts considerable in S. Peter's words 1 Pet. 2.17 in fine How Kings honoured the Clergie the faire but most false pretences of the refractary Faction what they chiefly aime at and their malice to Episcopacie and Royaltie IT was not unwisely said by Ocham that great Schoolman to a great Emperour which M. Luther said also to the Duke of Saxonie Tu protege me gladio ego defendam te calamo Guliel Ocham Ludov. 4. do you defend me with your Sword and I will maintain your right with my pen for God hath committed the Sword into the hand of the King and his hand which beareth not the Sword in vain knoweth how to use Rom. 13. v. 4. the Sword better than the Preacher and the King may better make good his Rights by the Sword than by the pen which having once blotted his papers with mistakes and concessions more than due though they should be never so small if granted further than the truth would permit as I feare some have done in some particulars yet they cannot so easily be scraped away by the sharpest sword and God ordered the divine tongue and learned Scribe to be the pennes of a ready Writer and thereby to display the duties and to justifie the Rights of Kings and if they faile in either part the King needeth neither to performe what undue Offices they impose upon him The Divine best to s t down the Righ s of k ngs nor to let passe those just honours they omit to yield unto him but he may justly claime his due Rights and either retaine them or regain them by his Sword which the Scribe either wilfully omitted or ignorantly neglected to ascribe unto him or else maliciously endeavoured as the most impudent and rebellious Sectaries of our time have most virulently done to abstract them from him And seeing the Crown is set upon the head of every Christian King and the Scepter of government is put into his hand by a threefold Law 1. Of Nature that is common to all 2. Of the Nation that he ruleth over 3. Of God that is over all As Every Christian king established by a threefold Law 1. Nature teaching every King to governe his People according to the common rules of honesty and justice 2. The politique constitution of every severall State and particular Kingdome shewing how they would have their government to be administred Psal
proud favorite had wickedly decreed and most tyrannically destined all the Nation of the Jewes to a sudden death yet this dutifull people did not undutifully rebell and plead the King was seduced by evill counsell and misguided by proud Haman therefore nature teaching them vim vi pellere to stand upon their owne defence they would not submit their necks to his unjust Decree but being versed in Gods Lawes and unacquainted with these new devices they returne to God and betake themselves to their prayers Hester 8.11 untill God had put it into the Kings heart to grant them leave to defend themselves and to sheath their swords in the bowels of their adversaries which is a most memorable example of most dutifull unresisting Subjects an example of such piety as would make our Land happy if our zealous generation were but acquainted with the like Religion But here I know what our Anabaptist Brownist and Puritane will say that I build Castles in the aire The author of the Treatise of Monarchie p. 33. and lay downe my frame without foundation because all Kings are not such as the Kings of Israel and Judah were as the Kings that God gave unto the Jewes and prescribed speciall Lawes both for the Kings to governe and the people to obey them but all other Nations have their owne different and severall Lawes and Constitutions according to which Lawes their Kings are tyed to rule and the Subjects bound to obey and no otherwise I answer Henric. Stephan in libello de hac re contendit in omneâ— respull debere leges Hebraerum tanquam ab ipso Deo profectas per consequens omnium optemas â—educi that indeed it is granted there are severall constitutions of Royalties in severall Nations and there may be Regna Laconica conditionall and provisionall Kingdomes wherein perhaps upon a reall breach of some exprest conditions some Magistrates like the Ephori may pronounce a forfeiture aswell in the successive as in the elective Kingdomes because as one saith succession is not a new title to more right but a legall continuance of what was first gotten which I can no wayes yeild unto if you meane it of any Soveraigne King because the name of a King doth not alwayes denotate the Soveraigne power as the Kings of Lacedamon though so called yet had no regall authority and the Dictator for the time being and the Emperours afterwards had an absolute power though not the name of Kings for I say that such a government is not properly a regall government ordained by God but either an Aristocraticall or Democraticall governement instituted by the people though approved by God for the welfare of the Common-wealth 1. Sam. 8.4.20 but as the Israelites desired a King to judge them like all the Nations that is such a King as Aristotle describeth such as the Nations had intrusted with an absolute and full regall power as Sigonius sheweth so the Kings of the Nations if they be not like the Spartan Kings were and are like the Kings of Israel both in respect of their ordination from God by whom all Kings as well of other Nations as of Israel doe raigne and of their full power and inviolable authority over the people which have no more dispensation to resist their Kings then the Iewes had to resist theirs And therefore Valentinian though an elected Emperour yet when he was requested by his Electors to admit of an associate answered Sâ—zom hâ—stor l. 6. c. 6. Niceph. hist l. 11. c. 1. it was in your power to chuse me to be an Emperour but now after you have chosen me what you require is in my power not in you Vobis tanquam subditis competit parere mihi verò quae facienda sunt cogitare it becomes you to obey as Subjects and I am to consider what is fittest to be done And when the wife takes an husband there is a compact agreement and a solemne vow past in the presence of God that he shall love cherish and maintaine her yet if he breakes this vow The wife may not forsake her husband though hee break hâ—s vow and neglect his duty and neglects both to love and to cherish her she cannot renounce him she must not forsake him she may not follow after another and there is a greater marriage betwixt the King and his people therefore though as a wife they might have power to chuse him and in their choice to tye him to some conditions yet though he breakes them they have no more power to abdicate their King then the wife hath to renounce her husband nor so much because she may complaine and call her husband before a competent Judge and produce witnesses against him whereas there can be no Iudge betwixt the King and his people but onely God and no witnesses can be found on earth because it is against all lawes and against all reason that they which rise against their King should be both the witnesses against him and the Iudges to condemne him or were it so that all other Kings have not the like constitution which the Scripture setteth downe for the Kings of Israel yet I say that excepting some circumstantiall Ceremonies in all reall points the Lawes of our Land are so farre as men could make them in all things agreeable to the Scriptures in the constituting of our Kings An Appeale to thy conscience pag. 30. according to the livelyest patterne of the Kings of Israel as it is well observed by the Author of the Appeale to thy conscience in these 4 speciall respects 1. In his Right to the Crowne 2. In his Power and Authority Our kings of the like Institution to the kings of Israeâ— 3. In his Charge and Duty 4. In the rendering of his Account For 1. As the Kings of Israel were hereditary by succession and Respect 1 not elective unlesse there were an extraordinary and divine designation as in David Salomon Iohn Kings of England are kings by birth Proved so doe the Kings of England obtaine their Kingdomes by birth or hereditary succession as it appeareth 1. By the Oath of Allegeance used in every Leete that you Reason 1 shall be true and faithfull to our Soveraigne Lord King Charles and to his Heires 2. Because we owe our legeance to the King in his naturall Reason 2 capacity that is as he is Charles the Sonne and Heire apparent of King Iames Coke l. 7. Calvins case when as homage cannot be done to any King in his politique capacity the body of the King being invisible in that sense 3. Because in that case it is expresly affirmed that the King Reason 3 holds the Kingdome of England by birth-right inherent by descent from the bloud-royall therefore to shew how inseperable this right is from the next in bloud Hen. 4. though he was of the bloud-royall being first cozen unto the King and had the Crowne resigned unto him by Rich. 2d Speed l. 9.
c. 16. and confirmed unto him by Act of Parliament yet upon his death-bed confessed he had no right thereunto as Speed writeth 4. Because it was determined by all the Judges at the Arraignment Reason 4 of Watson and Clerke 1. Jacobs that immediately by descent his Majestie was compleatly and absolutely King without the Ceremony of Coronation which was but a royall ornament and outward solemnization of the descent And it is illustrated by Hen. 6. Speed l. 9. c. 16. that was not crowned till the ninth yeare of his reigne and yet divers were attainted of High Treason before that time which could not have beene done had he not beene King And we know that upon the death of any of our Kings The right heire to the Kingdome is King before he is crowned his Successor iâ— immediately proclaimed King to shew that he hath his Kingdome by descent and not by the people at his Coronation whose consent is then asked Why the peoples consent is asked not because they have any power to deny their consent or refuse him for their King but that the King having their assent may with greater security and confidence rely upon their loyalty Respect 2 2. As the Kings of Israel had full power and authority to make warre and conclude peace to call the greatest Assemblies as Moses Joshua David Iehosaphat and the rest of the Kings did to place and displace the greatest Officers of State as Solomon placed Abiathar in Sadoc's roome 2. Chron 19.11 and Iehosaphat appointed Amariah and Zebadiah rulers of the greatest affaires and had all the Militia of the Kingdome in their hands The absolute authority of the Kings of England Coke 7. rep fol 25. 6. Pâ—lyd Virgil. lib. 11. Speed Stâ—w c. so the Kings of England have the like for 1. He onely can lawfully proclaime warre as I shewed before and he onely can conclude peace 2. There is no Assembly that can lawfully meet but by his Authority and as the Parliament was first devised and instituted by the King as all our Historians write in the life of Hen. 1. so they cannot meet but by the Kings Writ 3. All Lawes Customes and Franchises are granted and confirmed unto the people by the King Rot. Claus 1. R. 2. n. 44. Smith de repub Angl. l. 2. c. 4. c. 5. 4. All the Officers of the Realme whether Spirituall or Temporall are chosen and established by him as the highest immediately by himselfe and the inferiour by an authority derived from him The absurdities of them that deny the Militia to the King 5. He hath the sole power of ordering and disposing all the Castles Forts and strong Holds and all the Ports Havens and all other parts of the Militia of this Kingdome or otherwise it would follow that the King had power to proclaime warre but not to be able to maintaine it and that he is bound to defend his Subjects but is denied the meanes to protect them which is such an absurdity as cannot be answered by all the House of Commons 6. The Kings of Israel were unto their people their honour their Soveraignes their life and the very breath of their nostrils as themselves acknowledge and so the Kings of England are the life the head and the authority of all things that be done in the Realme of England Smith de Repub. l. 2. Cambden Britan p. 132. supremam potestatem merum imperium apud nos habentes nec in Imperii clientelâ sunt nec investituram ab alio accipientes nec praeter Deum superiorem agnoscentes and their Subjects are bound by oath to maintaine the Kings Soveraignty in all causes and over all persons as well Ecclesiasticall as Civill and that not onely as they are singularly considered but over all collectively represented in the body politique for by sundry divers old authentique Histories and Chronicles it is manifestly declared and expressed that this Realme of England is an Empire and so hath beene accepted in the world In the Pâ—eface to a Staâ— 24. Hen. 8. c. 12. governed by one supreame Head and King having the dignity and royall estate of the Imperiall Crowne of the same unto whom a body politique compact of all sorts and degrees of people divided in termes and by names of spiritualty and temporalty have beene bounden and owen to beare next to God a naturall and humble obedience 3. As the duty of every one of the Kings of Israel was to be Respect 3 Custos utriusque tabulae to keepe the Law of God and to have a speciall care of his Religion and then to doe justice and judgement according to the Law of nature and to observe all the judiciall Lawes of that Kingdome so are the Kings of England obliged to discharge the same duties 1. To have the chiefest care to defend the faith of Christ The duty of the Kings of England and to preserve the honour of Gods Church as I shewed before 2. To maintaine common right according to the rules and dictates of nature And 3. To see the particular Lawes and Statutes of his owne Kingdome well observed amongst his people To all which the King is bound not onely virtute officii in respect of his office but also vinculo juramenti in respect of his oath which enjoyneth him to guide his actions not according to the desires of an unbridled will but according to the tyes of these established Lawes neither doe our Divines give any further liberty to any King but if he failes in these he doth offend in his duty 4. As the Kings of Israel were accountable for their actions Respect 4 unto none but onely unto God and therefore King David after he had committed both murder and adultery saith unto God Psal 51.4 Tibi soli peccavi as if he had said none can call me to any account for what I have done but thou alone and we never read that either the people did call or that the Prophets perswaded them to call any of their most idolatrous tyrannicall or wicked Kings to any account for their idolatrie The kings of England accountable for their actions onely to God tyrannie or wickednesse even so the Kings of England are accountable to none but to God 1. Because they have their Crowne immediately from God Reason 1 who first gave it to the Conquerour through his sword and since to the succeding Kings Smith de repub l. 1. c. 9. by the ordinary meanes of hereditary succession Reason 2 2. Because the oath which he takes at his Coronation binds him onely before God who alone can both judge him and punish him if he forgets it Reason 3 3. Because there is neither condition promise or limitation either in that Oath or in any other Covenant or compact that the King makes with the people either at his Coronation or at any other time that he should be accomptable or that they should question
requisite for us to know that God hath granted unto him among other rights Two speciall rights and prerogatives of the King for the government of the Church these two speciall prerogatives 1. That he may and ought to make Lawes Orders Canons and Decrees for the well governing of Gods Church 2. That he may when he seeth cause lawfully and justly grant tolerations and dispensations of his owne Lawes and Decrees as he pleaseth For 1. To make Lawes and Canons 1. Not onely Solomon and Jehosaphat gave commandement and prescribed unto the chiefe Priests and Levites what forme and order they should observe in their Ecclesiasticall causes and method of serving God but also Constantine Theodosius Justinian and all the Christian Emperours that were carefull of Gods service did the like and therefore when the Donatists alleadged that secular Princes had nothing to doe to meddle in matters of religion and in causes Ecclesiasticall S. Augustine in his second Epistle against Gaudentius saith Aug. l. 2. c. 26 I have already proved that it appertained to the Kings charge that the Ninivites should pacifie Gods wrath and therefore the Kings that are of Christ's Church do judge most truly that it belongeth to their charge to see that men rebell not without punishment against the same Idem ep 48. ep 50. and Bonifaâ— because God doth inspire it into the mindes of Kings that they should procure the Commandements of the Lord to be performed in all their Kingdomes for they are commanded to serve the Lord in feare and how doe they serve the Lord as Kings but in making Lawes for Christ as man he serveth him by living faithfully So they are called the Kings Ecclesiasticall Lawes but as King he serveth him in making Lawes that shall command just things and forbid the contrary which they could not doe if they were not Kings And by the example of the King of Ninive Darius Nebuchadnezzar and others which were but figures and prophesies that fore-shewed the power duty and service that Christian Kings should owe and performe in like sort to the furtherance of Christs religion in the time of the New Testament when all Kings shall fall downe and worship Christ Psal 72.11 and all Nations shall doe him service he proveth Aug. cont lit Petil. l. 2. c. 92. that the Christian Kings and Princes should make Lawes and Decrees for the furtherance of Gods service Idem in l. de 12 abus grad grad 2. even as Nebuchadnezzar had done in his time And upon the words of the Apostle that the King beareth not the sword in vaine he proveth against Petilian that the power and authority of the Princes which the Apostle treateth of in that place is given unto them to make sharpe penall Lawes to further true religion and to suppresse all Heresies and Schismes And so accordingly we finde the good Emperours and Kings have ever done The good Emperours have made Lawes for the government of the Church for Constantine caused the idolatrous religions to be suppressed and the true knowledge of Christ to be preached and planted amongst his people and made many wholesome Lawes and godly Constitutions to restraine the sacrificing unto Idols and all other devillish and superstitious south-sayings and to cause the true service of God to be rightly administred in every place saith Eusebius Euseb in vita Const l. 2. 3. And in another place he saith that the same Constantine gave injunctions to the chiefe Ministers of the Churches that they should make speciall supplication to God for him and he injoyned all his Subjects that they should keepe holy certaine dayes dedicated to Christ and the Sabboth or Saturday which was then wont to be kept holy and as yet not abrogated by any Law among the Christians he gave a Law to the Ruler of every Nation that they should celebrate the Sunday Idem de vita Constant l. 1. 3. 4. c. 18. or the Lords day in like sort and so for the dayes that were dedicated to the memory of the Martyrs and other festivall times and all such things were done according to the ordinance of the Emperour Niceph. in prafation Eccles hist Nicephorus writing of the excellent vertues of Andronicus sonne to Immanuel Palaeologus and comparing him to Constantine the Great saith thou hast restored the Catholique Church being troubled with new opinions to the old State thou hast banished all unlawfull and impure doctrine thou hast established the truth and hast made Lawes and Constitutions for the same Sozomenus l. 3. c. 17. Sozomen speaking of Constantines sonnes saith the Princes also concurred to the increase of these things 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 shewing their good affections to the Churches no lesse then their father did and honouring the Clergy their servants with singular promotions and immunities both confirming their fathers Lawes and making also new Lawes of their owne against such as went about to sacrifice and to worship Idols or by any other meanes fell to the Greekish or Heathenish superstitions Theodoret tells us that Valentinian at the Synod in Illirico did not onely confirme the true faith by his royall assent but made also many godly and sharpe Lawes as well for the maintenance of the truth of Christ his doctrine as also touching many other causes Ecclesiasticall Theodor. l. 4. c. 5 6 7. and as ratifying those things that were done by the Bishops 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he sent abroad to them that doubted thereof Distinct 79. 〈◊〉 dâ—â— Honorius at the request of Boniface the first made a Law whereby it might appeare what was to be done when two Popes were chosen at once by the indiscretion of the Electors Martianus also made a Statute to cut off and put away all manner of contention about the true faith and religion in the Councell of Calcedon The Emperour Justinus made a Law that the Churches of Heretiques should be consecrated to the Catholique religion saith Martinus Poenitentiarius And who knowes not of the many Lawes and Decrees that Iustinian made in Ecclesiasticall causes for the furtherance of the true religion for in the beginning of the Constitutions collected in the Code of Iustinian the first 13 titles are all filled with Lawes for to rule the Church where it forbiddeth the Bishops to reiterate baptisme L. 1. tit 5. L. 1. tit 7. Novel 123. c. 10. Novel 58. Novel 137 c. 6. to paint or grave on earth the Image of our Saviour And in the Novels the Emperour ordaineth Lawes of the creation and consecration of Bishops that Synods shall be annually held that the holy mysteries should not be celebrated in private houses that the Bishops should speake aloud when they celebrate the Sacraments of Baptisme and the Eucharist and that the holy Bible should be translated into the vulgar tongue and the like And not onely these and the rest of the godly Emperours that succeeded them but also
the Church and are ascribed unto the Bishops by the same Majestie that honoured them and for some by-respect and private ends to perswade the King to desert the Church to leave the Prelates in the suds their honour to be laid and buried in the dust and their revenues to be devoured by the enemies of all godlinesse But doe these men thinke that blessings come from God or that this is the way for God to blesse the King or themselves or this Kingdome to vilifie those that honour God and of whom Christ directly saith He that receiveth you receiveth me and he that despiseth you despiseth me for alas who were more favoured protected and blessed by God then Constantine Theodosius and the rest of those good Emperours and Kings that gave most immunities and conferred most dignities upon the Bishops and Prelates of Gods Church because that hereby they testified their love to Christ himselfe and did not God withdraw his favour and protection from those Kings and potentates that neglected to protect his servants therefore they cannot wish well unto the King Six speciall reasons way the King should conferre his favoâ—â—s and honour upon the Biâ—hops that wish him to give way to denude the Church and to desert the defence of the Bishops For besides many other reasons we finde six speciall arguments proving that our King rather then any King in Europe should uphold his Clergy and confer his favours and honours upon them I say nâ—◠〈◊〉 then upon his nobility for that would procure hatred unto the King envy unto them and ruine unto all but as well as upon any other State in this Kingdome As 1. Not onely the relation betwixt them and â—â—eiâ— Prince as Reason 1 they are his faithfull Subjects and be their Soveraigne King but as he is the Lords Annointed and the Defender of that faith which they teach and publish unto his people for this annointing of him by God for this and superinduceth a brother-hood betwixt the King and the Bishops Rex inunctus non est merus Laicus Gutmerus tit 12. §. 9. and makes him quasi unus ex nobis and the chiefe guide and guardian of the Clergy because that hereby he is mixta personae more then a meere Lay-man and hath an Ecclesiasticall supreme government as well as the civill and ut oleo sancto uncti sunt spiritualis jurisdictionis caepaces sunt as it was said in the time of Edw. 3. 33. Edw. 3. tit Aide le Roy. and therefore as in relation to the temporalty the King is supremus justitiarius totius Angliae so in respect to the spiritualty he is as Constantine stiled himselfe in the Councell of Nice 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the chiefe Christian Bishop among his Bishops 2. Our Bishops and Clergy are truer and faithfuller Subjects Reason 2 to their Prince then any other Clergy in Christendome because the Clergy of France and Spaine and other Popish States and Dominions are not simply Subjects unto their Kings but deny civill obedience unto their Prince where canonicall obedience commands the contrary and you see how the Presbyterie not onely deny their just allegeance but incite the people to unjust rebellion but the Bishops and their Clergy renounce all obedience to any other Potentate and anathematize as utterly unlawfull all resistance against our lawfull Soveraigne and in this hearty adherence to His Majestie as they are wholly his so they doe expect favour from none but onely from his Highnesse and yet Philip the second of Spaine notwithstanding he had but halfe the obedience of his Clergy adviced his sonne Philip the third to sticke fast unto his Bishops even aâ— he had done before him therefore our King that hath his Bishops so totally faithfull unto him hath more reason to succour them that they be not made the object of contemps unto the vulgar Reason 3 3. The state of the Clergy is constantly and most really to their power the most beneficiall state to the Crowne both in ordinary and extraordinary revenues of all others for though their meanes is much impaired and their charges increased in many things yet if you consider their first fruits the first yeare their Tenths every yeare Subsidies most yeares and all other due and necessary payments to the King I may boldly say that computatis computandis no state in England of double their revenue scarce renders halfâ— their payments and now in the Kings necessity for the defence of Church and Crown Or else they are much too blame and fâ—rie unworthy to be B shops I hope my Brethren the Bishops and all the rest of the loyall Clergy will rather empty themselves of all they have and put it to His Majesties hands then suffer him to want what lyeth in them during all the time of these occasions Reason 4 4. They bestow all their labours in Gods service continually praying for blessings upon the head of His Majestie and his posterity and next under God relying onely upon His favour and protection Reason 5 5. God hath laid this charge upon all Christian Kings to be our nursing fathers Esay 49.33 and to defend the faith that we preach which cannot be done when the Bishops and Prelates are not protected and God hath promised to blesse them so long as they discharge this duty and hath threatned to forsake them when they forsake his Church and leave the same as a prey to the adversaries of the Gospell Reason 6 6. Our King hath like a pious and a gracious King at his Coronation promised and engaged himselfe to doe all this that is desired of him And as for these and other reasons His Majestie should so we doe acknowledge with all thankefulnesse that He hath and doth His best endeavour to discharge this whole duty Quia non plus valeÌ„t ad dejiciendum terrena mala quà m ad erigendum divina tutela Cypr. and doe beleeve with all confidence that maugâ—e all open opposition and all secret insinuation against us He will in like manner continue His grace and favour unto the Church and Church governours unto the end And if any whosoever they be how great or how powerfull soever either in Kingdome or in Court shall seeke to alienate the Kings heart or diminish His affection and furtherance to protect and promote the publishers of the Gospell which we are confident all their malice cannot doe because the God of Heaven that hath built his Church upon a rocke and will not turne away his face from his Annointed will so blesse our King that it shall never be with Him as it was with Zedechia when it was not in his power to save Gods Prophet but said unto his Princes Jerem. 28.5 Behold he is in your hand for the King is not he that can doe any thing against you yet as Mordecai said to Hester God will send inlargement and deliverance unto his Church Hester 4.14 and they and their fathers
forcing the King not a word of superiority nor yet simply of equality and therefore I must say hoc argumentum nihil adrhombum these do abuse every author 3. That neither â—eeres nor Parliament are co-ordinate with the King 3. If their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I speake not of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 their naturall strength and power but of their right and authority be co-ordinate and equall with the Kings authority then whether given by God which they cannot prove or by the people there must be duo summa imperia two supreme powers which the Philosophers say cannot be Omnésque Philosophi jurisconsulit ponunt summum in eo terum genere quod dividi non possit Lactant. l. 1. c. 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Marc. 3.24 nam quod summum est unum est from whence they prove the unity of the God-head that there can be but one God and if this supreme power be divided betwixt King and Parliament you know what the Poët saith Omnisque potestas Impatiens consortis erit Or you may remember what our Saviour saith If a Kingdome be divided against it selfe it cannot stand and therefore when Tiberius out of his wonted subtilty desired the Senate to appoint a colleague and partner with him for the better administration of the Empire Asinius Gallus that was desirous enough of their Pristine liberty yet understanding well with what minde the subtle foxe spake onely to descry his ill willers after some jests answered seriously 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that government must not be divided because you can never have any happinesse where the power is equally divided in two parts when according to the well knowne axiome to every one Par in parem non habet potestatem The Case of our Affaires p. 19 20. But to make the matter cleare and to shew that the Soveraignty is inseperably inherent in the person of His Majestie we have the whole current of our very Acts of Parliament acknowledging it in these very termes Our Soveraigne Lord the King The Lawes of our Land acknowledge all Soveraignty in the King and the Parliament 25. Hen. 8. saith this your Graces Realme recognizing no superiour under God but your Grace c. And the Parliament 16. Rich. 2.5 affirmeth the Crowne of England to have beene so free at all times that it hath beene in no earthly subjection but immediately to God in all things touching the regality of the said Crowne and to none other And in the 2â— of Hen. 5. the Parliament declareth that it belongeth to the Kings regality to grant or deny what Petitions in Parliament he pleaseth and so indeed whatsoever authority is in the constant practice of the Kingdome or in the knowne and published Lawes and Statutes it concludeth the Soveraignty to be fixed in the King and all the Subjects virtually united in the representative body of the Parliament to be obliged in obedience and allegeance to the individuall person of the King and I doubt not but our learned Lawyers can finde much more proofe then I doe out of their Law to this purpose And therefore seeing divers supreme powers are not compatible in one State nor allowable in our State the conceit of a mixed Monarchie is but a fopperie to prove the distribution of the supreme power into two sorts of governours equally indued with the same power because the supreme power being but one must be placed in one sort of governours either in one numericall man as it is in Monarchie or in one specificall kinde of men as the optimates 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as it is in Aristocracie or in the people as in Democracie but if by a mixed Monarchie you meane that this supreme power is not simply absolute quoad omnia but a government limited and regulated 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 we will not much quarrell with our Sectaries because His Majestie hath promised and we are sure he will performe it to governe his people according to the Lawes of this Land They deserve not to live in thâ— Kingdome that diminish the supremacy of the King And therefore they that would rob the King of this right and give any part of his supreme power to the Parliament or to any of all his inferiour Magistrates deserve as well to be expelled the Kingdome as Plato would have Homer to be banished for bringing in the Gods fighting and disagreeing among themselves when as Ovid out of him saith Jupiter in Trojam pro Troja stabat Apollo Because as the Civilians say Naturale vitium est negligi quod communiter possidetur utque se nihil habere putet qui totum non habeat fuam partem corrumpi patiatur dum invidet alienae and therefore the same Homer treating of our humane government Nec multos regnare bonum rex unicus esto Arist Metaph. lib. 12. saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which Aristotle doth so infinitely commend where he disputeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and so doth Plato and all the wise Philosophers that followed after Statius Thebaid lib. 1. because as the Poët saith Summo dulcius unum Stare loco sociisque comes discordia regnis And as our owne most lamentable experience sheweth what abundance of miseries happened unto our selves by this renting of the Kings power and placing it in the hands of the Parliament and his owne inferiour officers and as those sad Tragedies of Etheocles and Polynices Numitor and Amulius Romulus and Remus Antoninus and Geta and almost infinite more do make it manifest to all the world §. The two chiefest parts of the regall governement the foure properties of a just warre and how the Parliamentary faction transgresse in every property 4. The chiefest parts of the Regall governement which are two 4. HAving spoken of those assistants that should further and not hinder the King in the Common-wealth it resteth that I should now speake of the chiefest parts of this government when Moses killed the Egyptian that wronged the Israelite and the next day said unto the Hebrew that did injure his fellow Exod. 2.14 Wherefore smitest thou him the oppressour answered Who made thee a Prince and a Judge over us 1. Sam. 8.20 and the people say unto Samuel we will have a King over us that our King may judge us and goe out before us and fight our battailes 2. Sam. 5.2 Out of which two places we finde two speciall parts of the Kings government 1. Principatum bellorum the charge of the warres Sigon l. 7. c. 1. in respect whereof the Kings were called Captaines as the Lord said unto Samuel concerning Saul Vnges eum ducem 1. Sam. 9.16 thou shalt annoint him to be Captaine over my people Israel 2. Curam judiciorum the care of all judgements in respect whereof David and Solomon 1. Reg. 3.9 Psal 72.2 and the other Kings are said to judge the
Church and State when their pretence was very good though the goodnesse of his Majestie in the tendernesse of his conscience was still loath to allow himselfe the liberty to dissolve it untill he had other juster and more cleare causes to pronounce it no Parliament as the abusing of his grant to the raising of an Army and the upholding of a Rebellion against their Soveraigne yet I believe he might safely have done it long agone without the least violation of Gods Law when their evill intentions were openly discovered by those Armies which they raised For I doubt not to affirme it with the Author of The sacred Prerogative of Christian Kings p. 144. if any good Prince or his royall Ancestors have beene cheated out of their sacred right by fraud or force he may at the fittest opportunity when God in his wise providence offereth the occasion resume it especially when the Subjects do abuse the Kings concessions to the dammage of Soveraignty so that it redounds also to the prejudice either of the Church or Common-wealth 3. When the King through feare 3. Grants gotten by force not to be observed not such as the Parliaments feare is who were afraid where no feare was and were frighted with dreames and causelesse jealousies but that feare which is reall and not little but such as may fall in fortem constantem virum doth passe any Law especially that is prejudiciall to the Church and injurious to many of his Subjects I say that when he shall be freed from that feare he is not onely freed from the obligation of that Law but he is also obliged to doe his uttermost endeavour to annull the same it is true that his feare may justly free him from all blame at the passing of it as the feare of the thiefe may cleare me from all fault in delivering my purse unto him because these are no voluntary acts and all acts are adjudged good or evill according to the disposition of the will the same being like the golden bridle that Minerva was said to put upon Pegasus to guide him and to turne him as she pleased The will must never consent to forced acts that are unlawfull His Majesties answer to the Petition of the Lords and Commons 16. Iuliâ— p. 8. but when his feare is past and God hath delivered him from the insurrection of wicked doers if his will gives consent to what before he did unwilling who can free the greatest Monarch from this fault Therefore His Majestie confessing which we that saw the whole proceedings of those tumultuous routs that affrighted all the good Protestants and the Loyall Subjects doe know that it could not be otherwise that he was driven out of London for feare of his life I conclude that the act of excluding the Bishops out of Parliament being past after his flight out of London can be no free nor just nor lawfull act and the King when he is more fully informed of many particulars about this act that is so preiudiciall to the Church of Christ and so injurious to all his servants the Clergy whose rights and priviledges the King promised and sware at His Coronation to maintaine Ob. cannot continue it in my judgement and be innocent Pag 31. But this is answered by the answerer to Doctor Ferne that he is no more bound to defend the rights of the Clergy by his oath then the rest of the lawes formerly enacted whereof any may be abrogated without perjury when they are desired to be annulled by the Kingdome Sol. His Majesties answer to the remonstrance or declaration of the Lords and Commons 26. of May. 1642. To which I say that as His Majestie confesseth there are two speciall questions demanded of the King at his Coronation 1 Sir Will you grant and keepe and by your oath confirme to the people of England the lawes and customes to them granted by the Kings of England your lawfull and religious predecessors And the King answereth I grant and promise to keepe them 2. After such questions as concerne all the commonalty of this Kingdome both Clergy and Laity as they are his Subjects 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 to grant and to preserve unto us and to the Churches committed to our charge all Canonicall priviledges and due law and iustice and that you would protect and defend us as every good King in His Kingdome ought to be the protector and defendor of the Bishops and the Churches under their government And the King answereth With a willing and devout heart I promise and grant my pardon and that I will preserve and maintaine to you and the Churches committed to your charge all Canonicall Priviledges and due law and justice and that I will be your protector and defender to my power by the assistance of God as every good King in His Kingdome in right ought to protect and defend the Bishops and Churches under their Government Then the King laying his hand upon the booke saith The Kings oath at His Coronation two fold the things which I have before promised I shall performe and keepe so helpe mee God and the contents of this Booke Where I beseech all men to observe that here is a two fold promise and so a two fold oath 1. The one to all the Commonalty and people of England The frst part of the oath Populo Anglicano Vide D. p. 165. Clergy and Laity and so whatsoever he promiseth may by the consent of the parties to whom the right was transferred be remitted and altered by the representative body in Parliament quia volenti non fit injuria and the rule holds good quibus modis contrabitur contractus iisdem dissolvitur and therefore as any compact or contract is made good and binding so it may be made void and dissolved mutuo contrahentium assensu by the mutuall assent of both parties that is any compact where God hath not a speciall interest in the contract as he hath in the conjugall contract betwixt man and wife and the politicke covenant betwixt the King and His Subjects Contracts wherein God is interessed can not be dissolved without God which therefore cannot be dissolved by the consent of the parties untill God who hath the cheifest hand in the contract gives his assent to the dissolution and so when things are dedicated for the service of God or Priviledges granted for his honour neither donor nor receiver can alienate the gift or annull that Priviledge without the leave and consent of God that was the principall party in the concession as it appeareth in the example of Ananias and is confirmed by all Casuists 2. The other part of the oath is made to the Clergy in particular and so also with their consent The second part of â—he oath Clericis Ecclesiasticis D. p. 165. some things I confesse may perhaps
power Legally placed in the two houses more then sufficient to prevent and restrain the power of Tyranny I answer first when it pleased the King of His grace to restrain His own power of making Laws to the consent of Peeres Commons that by this Regulating of the same it might be purged from all destructive exorbitances the very Law it self being tender of the legitimate rights of the King and considering the Person of the Soveraign to be single his power counterpoysed by the opposite wisdom of the two Houses allowed him to sweare unto himselfe a body of Councell of State and Counsellors at Law the Iudges also to advise him informe him so that as he should not doe any wrong by reason of the restraining Votes of the Houses so he might not receive any wrong by the incroachment of the Parliament upon his right The Kings concessions very large and the King being driven away from his learned Councell and forced to make the defence of his rights by writing it is no wonder if his concessions and Promises as well in this poynt as in other things especially in that concerning the Act of excluding the Clergy were more then was due to them or then he needed to grant or then he ought to observe being to the dishonour of God and the prejudice of his Church when as nothing in Parliament where the wrong may be perpetuall should be extracted from him but what he should well consider of with the advice of his Counsell and what he should freely grant and whatsoever is otherwise done is ill done to the great disadvantage of the King and his Posterity and the unjust inlarging of their power more then is due unto them yet 2. I say D. Ferne in his reply to sever treat p. 32 if these words of His Majesties be rightly weighed they give no colour of resisting Tyranny by any forcible armes but as D. Ferne saith most truly of Legall Morall and Parliamentary restraint for the words are there is a power legally placed in the Houses that is the Law hath placed a power in them but you shall never find any Law that any King hath granted whereby himselfe might be resisted and subdued by open force and violence Roffensis de potest Papae 291. Eophan to â—ythag l. De Regno apud stabaeum fol. 335. for as Roffensis saith Regis suo solius judicio reservavit Deus qui stans in Synagogâ deorum dijudicat eos God hath reserved Kings to his own judgement and the Heathen man could say as Stobaeus testifieth primum Dei deinde Regis est ut nulli subjiciatur 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 first it is the priviledge of God next of the King to be subject unto none because the Regall power properly is unaccountable to any man A principle tenet of the Essaei And some think that the Common-wealth is happier under a Tyrant that will keep theÌ„ in awe then under too mild a Prince upon whose clemency they will presume to Rebell Iere. 27.5 6. A memorable place against resisting Tyrants as Suidas saith and Iosephus saith that the holiest men that ever were among the Hebrews called essaei or esseni that is the true practisers of the Law of God maintained that soveraigne Princes whatsoever they were ought to be inviolable to their Subiects for they saw there was scarce any thing more usuall in the holy Scripture then the prohibition of resistance or refusall of obedience to the Prince whether he were Iew or Pagan milde or tyrannicall good or bad as to instance one place for all where the Lord saith J have made the earth the man and the beast that are upon the ground by my great power and have given it to whom it seemed meet unto me and now I have given all those Lands into the hand of Nebuchadnezzar the King of Babylon my Servant and he was both a Heathen an Idolater and a mighty Tyrant and all Nations shall serve him and his sonne and his sonnes sonne and it shall come to passe that the Nation and Kingdome which will not serve the same Nebuchadnezzar the King of Babylon and that will not put their necks under the yoake of the King of Babylon that Nation will I punish saith the Lord with the Sword and with the Famine and with the Pestilence untill I have consumed them by his hands therefore hearken not ye unto your Prophets nor to your Diviners which speak unto you saying you shall not serve the King of Babylon for they prophesy a lye unto you which he repeateth again and again they prophesy a lye unto you that you should perish and may not I apply these words to our very time God saith I have given this Kingdome unto King Charles which is a mild just and most pious King and they that will say nolumus hunc regnare super nos I will destroy them by his hand therefore ô ye seduced Londoners believe not your false Prophets nay hearken not to your diviners your Anabaptists and Brownists that preach lies and lies upon lies unto you that you should perish for God hath not sent them though they multiply their lies in his name therefore why will you dye why will you destroy your selves and your posterity by refusing to submit your selves to mine ordinance and what should God say more unto you to hinder your destruction and it was concluded by a whole Councell that si quis potestati regiae quae non est teste Apostolo nisi à deo Concil Meldens apud Roffen l. 2. c. 5. de potest papae Ob. contumaci afflato spiritu obtemperare irre fragabiliter noluerit anathematizetur Whosoever resisteth the Kings Power and with a proud spirit will not obey him let him be accursed But then you will say this is strange doctrine that wholly takes away the liberty of the Subject if they may not resist regall tyranny I think there is no good Subject Sol. that loves his Soveraigne that will speake against a iust and lawfull liberty when it is a farre greater honour unto any King to rule over a free and gentile Subjects then over base and turkish slaves but as under the shadow and pretence of Christian liberty Many evills to lurk under fair shewes many carnall men have rooted out of their hearts all christianity so many Rebellious aspiring minds have under these colourable titles of the liberty of the Subjects and suppressing tyranny shaked of the yoke of all true obedience and dashed the rights of government all to pieces therefore as the law of God and the rules of his owne conscience should keep every Christian King from exercising any uniust tyranny over his Subjects so if men will transcend the rules of due obedience the Kings Power and Authority should keep them from transgressing the limits of their iust liberty but this unlawfulnesse of resisting our lawfull King I have fully proved in my Grand Rebellion
their Decree and appointed the penalty and whosoever rejected their order or refused their judgement they excommunicated him from all society and he was then deemed of all men as an ungodly and a most gracelesse person Thus did they that had but the twilight of corrupted nature to direct them judge those that were most conversant with the minde and will of the gods to be the fittest Counsellors and Judges of the actions of men and I feare these children of nature will rise in judgement to condemne many of them that professe themselves to be the sonnes of grace for comming so short of them in this point 2. The Jewes also which received the oracles of God 2. Among the Iewes were injoyned by God to yeild unto their Priests the dispensation both of divine and humane Lawes and the Lord enacted it by an irrevocable Law that the judgement of the High Priest should be observed as sacred and inviolable in all controversies and if any man refused to submit himselfe unto it Deut. 17. his death must make recompence for his contumacy And Iosephus saith Si judices nesciunt de rebus ad se delatis pronunciare integram causam in urbem sanctam mittent convenientes Pontifex Propheta Senatus quod visum sit pronuncient Ioseph contra App. lib 2. and in his second booke against Appian he saith Sacerdotes inspectores omnium judices controversiarum punitores damnatorum constituti sunt à Moyse the Priests were appointed by Moses to be the lookers into all things the Iudges of controversies and the punishers of the condemned And they were of that high esteeme among the Iewes that the royall bloud disdained not to match in marriages with the Priests as Iehojada married the daughter of King Iehoram 2. Chron. 22 11 and in the vacancie of Kings they had all the affaires of the Kingdom in their administration and when they became tributaries unto the Romans after Aristobulus the royall government was often annexed to the Priesthood and S. Paul argueth from hence 2. Cor. 3.7 8 9. that if the administration of death was glorious how shall not the ministration of the spirit be rather glorious for if the ministration of condemnation be glory much more doth the ministration of righteousnesse exceed in glory or otherwise it were very strange that the Ministers of the Gospel should be deemed more base and contemptible because their calling is farre more glorious and excellent yea so excellent Esay 52.7 that to all good Christians the Prophet demandeth quà m speciosi pedes eorum Priests imployed in secular affaires And for the discharging of secular imployments we have not onely the example of the Priests and Prophets of the Old Testament 1. Among the Jewes Psal 99.6 but we have also the testimony and the practice of many godly Bishops and Fathers of the Church of Christ under the New Testament to justifie this truth For Priests Prophets among the Jewes exercised secular jurisdiction 1. Not onely Moses and Aaron that were both the Priests of the most high God and the chiefe Judges in all secular causes but also Joseph had his jurisdiction over the Egyptians Daniel had his Lieutenancie over the Babylonians and Nehemias was a great Courtier among the Persians and yet these secular imployments were no hinderance to them in the divine worship and service of God So Ely and Samuel both were both Iudges and Priests together and the most religious Princes David Solomon Iehosaphat and others used the Priests and Levites at their command in the civill government of their Dominions for when David caused all the Levites to be numbred from 30 yeares old and upward and that they were found to be 38 thousand he appointed 24 thousand of them to be over-seers of the workes for the house of the Lord and he ordained the other six thousand to be Iudges and Rulers in all Israel 2. Chron. 23.4 and so did Iehosaphat likewise * 2. Chron. 19.11 The place explained for though the last verse of the said chapter seemes to put a difference betwixt the Civill matters and the Ecclesiasticall affaires yet it is rightly answered by Saravia that this errour riseth from a misconceived opinion of their government as if it were the same with the government of some of our reformed Churches which was nothing lesse for if you compare this place with the 26. chap. of the 1. Chron. vers the 29 Sigonius legit super opera â—â—â—a ad regis officia pertinent l. 6. p. 315. 30 and 32. you may easily finde that the Kings service or the affaires of the King doth not signifie the civill matters or the politique affaires of the Kingdome over which Amarias here and Hashabia and his brethren there 1. Chron. 26.30 were appointed the chiefe Rulers 1. Sam. c. 8. but it signifieth those things which pertained to the Kings right betwixt him and his subjects as those things that were described by Samuel and were retained and perhaps augmented either by the consent of the people or the incroachment of the succeeding Kings as the speciall rights of the Kings over which Zebadias the sonne of Ismael was appointed by Iehosaphat to be the Ruler and the businesse of the Lord is fully set downe vers 10. to be not onely the Church affaires but all the affaires of the Kingdome betweene bloud and bloud Vers 10. betweene Law and Commandement Statutes and judgements over which the Priests and Levites were appointed the ordinary Judges and the Interpreters of the Law as well Civill as Ecclesiasticall for the Lord saith plainly Ezech 44.23 Vide locum Sigon ait circa judicium sanguinis ipse insistent that every question and controversie shall be determined according to the censure of the Priests which certainly he would never have so prescribed nor these holy men have thus executed them if these two functions had beene so averse and contrary the one to the other that they could never be exercised together by the same man 2. In the Primitive times under the Gospell Salmeron saith 2. In the Primitive Church Salmer tract 18. in parabol hominis divitis lo. 16. num 1. that in the time of S. Augustine as himselfe teacheth Episcopi litibus Christianorum vacare solebant the Bishops had so much leisure that they were wont to judge of the quarrels of Christians yet they did not so spend their time in judging their contentions that they neglected their Preaching and Episcopall function and now that they doe judge in civill causes consuetudine Ecclesiae introductum est ut peceata caverentur And Bellarmine saith Non pugnat cum verbo Dei Bellar. de Rom. Pont. l. 5. c. 9. ut unus homo sit Princeps Ecclesiasticus politicus simul it is not against the Word of God that the same man should be an Ecclesiasticall and a Secular Prince together when as the same man may
both governe his Episcopacie and his Principality And therefore we reade of divers men that were both the Princes and the Bishops of the same Cities as the Archbishop of Collen Ments Theod. l. 2. c. 30. Triers and other German Princes Henr. of Huntington Hist Angl. that are both Ecclesiasticall Pastors and great secular Princes And Hubert Archbishop of Canterbury was for a long while Viceroy of this Kingdome And so Leo 9. Julius 2. Philip Archbishop of Yorke Adelboldus Innocent 2. Collenutius and Blondus and many others famous and most worthy Bishops both of this Iland and of other Kingdomes have undertaken and exercised both the Functions And Saint Paul recommendeth secular businesses and judgements unto the Pastors of the Church Aug. tom 3. de operib Monach c. 29. as S. Augustine testifieth at large where he saith I call the Lord Iesus a witnesse to my soule that for so much as concerneth my commodity I had rather worke every day with my hands and to reserve the other houres free to reade pray and exercise my selfe in Scriptures then to sustaine the tumultuous perplexities of other mens causes in determining secular controversies by judgement or taking them up by arbitrement to which troubles the Apostle hath appointed us not of his owne will but of his that spake in him And as this excellent Father that wrote so many worthy volumes did notwithstanding imploy no small part of his time in these troublesome affaires so S. Ambrose twice undertooke an honourable Embassie for Valentinian the Emperour unto the Tyrant Maximus Socrat. Eccl. hist lib. 7. And Marutha Bishop of Mesopotamia was sent by the Roman Emperour an Ambassadour to the King of Persia in which imployment he hath abundantly benefited both the Church and the Emperour And we reade of divers famous men that undertooke divers functions and yet neither confounded their offices nor neglected their duties for Spiridion was an husbandman and a Bishop of the Church a Pastor of sheepe and a feeder of soules and yet none of the ancient Fathers that we reade of either envyed his Farme or blamed his neglect in his Bishopricke but they admired his simplicity and commended his sanctity they were not of the spirit of our hypocriticall Saints Theodor. lib. 4. ◠13 And Theodoret writeth that one Iames Bishop of Nisib was both a Bishop and a Captaine of the same Citie which by the helpe of his God he manfully preserved against Sapor King of Persia And Eusebius Bishop of Samosis managing himselfe with all warlike abiliments ranged along throughout all Syria Phaenicia and Palaestina and as he passed erected Churches and ordained Priests and Deacons and performed such other Ecclesiasticall pensions as pertained to his office in all places and I feare me the iniquity of our time will now call upon all Bishops that are able to doe the like to preach unto our people and to fight against Gods enemies that have long laboured to overthrow his Church as we reade of some Bishops of this Kingdome that have beene driven to do the like and if these men might doe these things without blame as they did why may not the same man be both a Bishop and the Kings Counsellor both a Preacher in the Pulpit and a Justice of the Peace on the Bench and yet the callings not confounded though the same man be called to both offices for you know the office of a Lawyer is different from the office of a Physitian and the office of a Physitian as different from the duty of a Divine and yet as Saint Luke was an excellent Physitian and a heavenly Evangelist and S. Paul as good a Lawyer as he was a Preacher for he was bred at the feet of Gamaliel as was Master Calvin too as good a Civilian as he was a Divine for that was his first profession so the same man may as in many places they doe and that without blame both play the part of a Physitian to cure the body and of a Divine to instruct the soule and therefore why not of a Lawyer when as the Preachers duty next to the teaching of the faith in Christ is to perswade men to live according to the rules of Iustice and Iustice we cannot understand without the knowledge of the Lawes both of God and man and if he be obliged to know the Law why should he be thought an unfit man to judge according to the Law But CHAP. IX Sheweth a full answer to foure speciall Objections that are made against the Civill jurisdictions of Ecclesiasticall persons their abilities to discharge these offices and desire to benefit the Common-wealth why some Councels inhibited these offices unto Bishops that the King may give titles of honour unto his Clergy of this title Lord not unfitly given to the Bishops proved the objections against it answered six speciall reasons why the King should conferre honours and favours upon his Bishops and Clergy Ob. 1 1. IF you say the office of a Preacher requireth the whole man and where the whole man is not sufficient to discharge one duty 2. Cor. 2.16 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 then certainly one man is never able to supply two charges Sol. I answer that this indefinite censure is uncertainly true and most certainly false as I have proved unto you before by many examples of most holy men that discharged two offices with great applause and no very great difficulty to themselves for though S. Matthew could not returne to his trade of Publican because that a continued attendance on a secular businesse would have taken him from his Apostolate and prove an impediment to his Evangelique ministration yet S. Peter might returne to his nets as he did without blame because that a temporary imployment and no constant secession can be no hinderance to our Clericall office No man is alwayes able to doe the same thing when there is no man that can so wholly addict himselfe to any kinde of art trade or faculty but that he must sometimes interchangeably afford himselfe leisure either for his recreation Vt quemvis animo possit sufferre laborem or the recollection of strength and abilities to discharge his office by the undertaking of some other exercise which is to many men their chiefest recreation as you see the husband-mans change of labour doth still inable him to continue in labour and the Courtier cannot alwayes wait in the same posture nor the Scribe alwayes write nor the Divine alwayes study but there must be an exchange of his actions Change of labour is a kinde of recreation for the better performance of his chiefest imployment and that time which either some Gentlemen Citizens or Courtiers spend in playing hawking or hunting onely for their recreation the better to inable them to discharge their offices why may not the Divine imploy it in the performance of any other duty different but not destructive or contradictory to his more speciall function
though he should faile of his duty which God requireth and doe that wrong unto the people which God forbiddeth yet he is solutus legibus free from all Lawes quoad coactionem in respect of any coaction from the people but not quoad obligationem in respect of obedience to God by his obligation for though Kings had this plenitudinem potestatis to rule and governe their people as the father of the familie rules his houshold or the Pilot directs his Ship secundum liberum arbitrium according to his owne arbitrary will yet that will was to rule and to guide all his actions according to the strict Law of common equity and justice as I have often shewed unto you But though this arbitrary rule continued long and very generall for Diodorus Siculus saith Diodor. Siculus l. 2. c. 3. that excepting the Kings of Egypt that were indeed very strictly tied to live according to law all other Kings infinita licentia ac voluntate sua pro lege regnabant ruled as they listed themselves Boemus Aubanus tamen asserit voluntatem regum Aegypti pro lege esse Yet at last corruption so prevailed that either the Kings abusing their power or the people refusing to yeild their obedience caused this arbitrary rule to be abridged and limited within the bounds of lawes whereby the Kings promised and obliged themselves to governe their people according to the rules of those established lawes for though the supreme Majestie be free from lawes sponté tamen iis accommodare potest the King may of his owne accord yeild to observe the same and as the German Poet saith Nihil ut verum fatear magis esse decorum German vates de rebus Frid. l. 8. Aut regale puto quam legis iure solutum Sponte tamen legi sese supponere regem and according to the diversities of those lawes so are the diversities of government among the severall Kingdomes of the earth for I speake not of any Popular or Aristocraticall state How diversities of governement came up therefore as some Kings are more restrained by their lawes then some others so are their powers the lesse absolute and yet all of them being absolute Kings and free Monarchs are excepted from any account of their actions to any inferiour jurisdiction because then they had not beene Monarches but of Kings had made themselves Subjects Thus you see that rule which formerly was arbitrary is now become limited but limited by their owne lawes and with their owne wills and none otherwise for I shewed you elsewhere that the Legistative power resided allways in the King even as Virgil saith Virgil. Aeneid l. Gaudet regno Troianus Acestes Indicitque forum patribus dare jura vocatis And as that mirror of all learned Kings saith King Fergus came to Scotland before any Statutes or Parliament or Lawes were made Rex Iacobus in the true law of free Monarchs pag. 201. and you may easily finde it that Kings were the makers of the Lawes and not the Lawes the makers of Kings for the Lawes are but craved by the Subjects and made only by him at their rogation and with their advice so he gives the Law to them but takes none from them and by their owne Lawes Kings have limited and abridged their owne Right and power which God and nature have conferred upon them some more some lesse according as their grants were unto their people §. The extent of the grants of Kings what they may and what they may not grant what our Kings have not granted in seven speciall prerogatives and what they have granted unto their people ANd here I would have you to consider these two points Two things considerable about the priviledged grants of Kings 1. The extent of the grants of kings concerning these grants of Kings unto their Subjects 1. Of the extent of these grants 2. Of the Kings obligation to observe them for 1. It is certaine that the people allwayes desirous of liberty though that liberty should produce their ruine are notwithstanding like the daughters of the Horse-leeche still crying unto their Kings give give give us liberties and priviledges more and more and if they may have their wills Prov. 30.15 they are never satisfied Till Kings by giving give themselves away And even that power which should deny betray For the concessions and giving away of their right to governe That it is to the prejudice of government to grant too many priviledges to the people is the weakning of their government and the more priviledges they give the lesse power they have to rule and then the more unruly will their Subjects be and therefore the people being herein like the horses the Poets faigne to be in Phaebus chariot proud and stomackefull Kings should remember the grave advice the father gave unto Phaeton Parce puer stimulis sed fortius utere loris Ovid. Met. l. 1. Sponte suâ— properant labor est inhibere volantes They must be strongly bridled and restrained or they will soone destroy both horse and rider both themselves and their Governours Yet many Kings Constrained gifts not worthy of thanks either forcibly compelled by their unruly Subjects when they might thinke and therefore not yeild that Who gives constrain'd but his owne feare reviles Not thank't but scorn'd nor are they gifts but spoiles Or else as some intruding usurping Kings have done to retaine their unjustly gained crownes without opposition or as others out of their Princely clemency and facility to gaine the more love and affection What moved Kings to grant so many priviledges to their Subjects and as they conceived the greater obligation from their Subjects have many times to the prejudice of themselves and their posterity to the diminution of the rights of government and often to the great damage of the Common-wealth given away and released the execution of many parts of that right which originally most justly belonged unto them and tied themselves by promises and oathes to observe those lawes which they made for the exemption of their Subjects Majora jura inseperabilia à Majestate nequeâ—nt indulgeri subditis ita cohaerent ossibus ab illo seperari si ne illius destructione non possunt Paris de puteo Arnisaus l. 2. c. 2. de jure ma. Blacvod c. 7. pag. 75. Things that the King cannot grant But there be some things which the King cannot grant as to transferre the right of succession to any other then the right heire to whom it doth justly belong quia non jam haereditas est sed proprium adeuntis patrimonium cujus ei pleno jure dominium acquiritur non a Patre non à populo sed à lege Because he hath this right unto the Crowne not from his father nor from the people but from the Law of the Land and from God himselfe which appointed him for the same saith the Civilian and therefore that vulgar saying
and the like as too many of our Sectaries most falsely most malitiously have done is rather to vilifie and disgrace him to worke an odium against him and a tediousnesse of him then to procure an honourable esteeme and reverence of him Cassiodorus saith stipendium tyranno penditur praedicatio non nisi bono Principi Tribute is due to Tyrants and ought to be paid unto them but honour and reverence much more to a good Prince the spirit of God bids us blesse them that persecute us and our Saviour saith Rom. 12.14 blesse them that curse you that is speake well of Tyrants that oppresse us Matth. 5.44 and speak not ill of them that speak ill of you especially if they be your Magistrates or your King whom 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 you are commanded to honour even with the same word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 therefore no doubt The fifth Commandement is the most obliging of all the Commandements of the second Table Ephes 6.2 How the heathens honoured their Kings C. Tacitus lib. 14. but with the same honour as we are commanded to honour our Father and our Mother because the King is our Politicall Father and is therefore commanded to be reverenced by this precept which as the Divines observe is of greater moment and more obliging then any of the rest of the Commandements of the second Table not only because it keepeth the first place of all these precepts but is also the first Commandement with promise as the Apostle observeth And not only the Scriptures command us thus to honour and to reverence our King but the very Heathens also did so reverence them that they did adore the Statues and Images of their Kings and Caesars as Tacitus reporteth and it was Treason for any man to pull away or violate them that fled unto them for sanctuary yea it was capitall for a man that had the Image of his Prince stamped in silver or ingraven in a Ring to goe to any uncleane or unseemly place and therefore Seneca saith Seneca de benefic l. 30. that under the Empire of Tiberius a certain Noble man was accused of Treason for moving his hand The reason of their reverence that had on his finger a Ring whereon was ingraven the portraiture of the Prince unto his privie parts when he did Vrine and the reason of this great reverence which they bare unto their Princes was that they beleeved there was in Kings 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 some divine thing which above the reach of man was ingraffed in them and could not be derived from them for so Raderus tells us Raderus Comment in Quint. curt that this divine Majesty or celestiall sparke was so eminent in the countenance of Alexander that it did not only terrifie his enemies but also moved his best Commanders and greatest Peeres to obey his commands and the like is reported of Scipio Africanus and I find the Macedonians had a law that besides the Traitors condemned to death five of their next Kinsfolkes A Macedoninian law that were convicted of conspiracy against their King and a Gentleman of Normandy confessing to his Frier how such a thought came once in his mind to have killed King Francis the first A gentleman hanged for his thought but repenting of his intention he resolved never to doe it the Frier absolved him of his sinne but told the King thereof and he sent him to his Parliament who condemned and executed him for his thought Philip the first of Spaine seeing a Falcon killing an Eagle commanded his head to be wrung of saying let none presume above their Soveraigne and in the raigne of Henry fourth of England one was hanged drawne and quartered in Cheapside London for jesting with his sonne that if he did learne well he would make him heire of the Crowne meaning his owne house that had the Signe of the Crowne to prove the Proverbe true non est bonum ludere cum sanctis it is not safe jesting with Kings and Crowns and it is lesse safe to resist them if you will beleeve wise Solomon And I have read of another King that passing over a river his Crowne fell into the water one of his water-men lept in and dived to the bottome and taking up the Crowne put it upon his head that it might not hinder his swimming and so brought it to the King againe who rewarded him well for his paines but caused his head to be chopt of for presuming to weare his Crowne And all this is but an inanswerable argument to condemne our Rebells that neither reverence the Majesty of their King nor respect the commandement of their God 3. Obedience 3. Obedience is another principall part of that honour which we owe unto the King and this obedience of the inferiours joyned with the direction of the superiors The marriage of obedience and authority and the issue doe make any state most successefull but when these are divorced then nothing goeth right in that Common-wealth for so the Sages of Greece exprest it by the marriage that Iupiter made between 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aescylus whose child brought forth betwixt them was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 All must be obedient to shew unto us that when authority is married to obedience and obedience proves a dutifull and good wife to authority the fruit of that match will be happinesse to the whole Kingdome And therefore if we would be happy we must be obedient and our obedience must be universall in all things in the Lord. Iussa sequi tam velle mihi quà m posse necesse est Lucan l. 1. So the people say unto Ioshua all that thou commandest us Iosh 1.16 we will doe and all must doe it the greater aswell as the lesser the noble man as well as the meane man yea rather then the meane man for though rebellion in any one is as the sinne of witchcraft yet in a vulgar man it may admit of vulgar apologies but in a man of quality in noble men in Courtiers Noble mens Rebellion more abominable to God man then any other bred in the Kings house in the Kings service and raised by the Kings favour it is Morbus complicatus a decompound sinne a transcendent ingratitude and unexpressable iniquity the example more spreading and the infection more contagious because more conspicuous and the giddy attempts of an unguided multitude are but as Cardinall Farnesius saith like the Beech tree without his top soon withered and vanishing into nothing without leaders when they become a burthen unto themselves and a prey unto others therefore the contradiction of Corah Dathan and Abiram that were so eminent in the congregation was a sinne so odious unto God that he would have destroyed all Israell for their sake as now he punisheth all England for the sinnes of those noble men that have rebelled against their King and
and it is so excellently well done by many others that I shall but acta agere to say any more of it CHAP. XVII Sheweth how tribute is due to the King for sixe speciall reasons to be paid the condition of a lawfull tribute that we should not be niggards to assist the King that we should defend the Kings Person the wealth and Pride of London the cause of all the miseries of this Kingdome and how we ought to pray for our King 4. TRibute is another right and part of that honour which we owe unto our King The great charge of Princes Negotia enim infinita sustinet equabile ius omnibus administrat periculum à republica cùm necessitas postulat armis virtute propulsat bonis pramia pro dignitate constituit improbos suppliciorum acerbitate coercet patriam denique universam ab externis hostibus ab intestinis fraudibus tutam vigilantia sua praestat haec quidem munera aut opere tuetur aut quoties opus fuerit tuenda suscipit qui autem existimat haec tam multa munera sine maximis sumptibus sustineri posse mentis expers est atque vitae communis ignarus idcirco hoc quod communi more receptum est ut reges populi sumptibus alantur non est humano tantum iure sed etiam divino vallatum Osorius de rebus Emanuel lib. 12. p. 386. saith Eloquent Osorius For he undergoeth infinite affaires he administreth equall right to all his people he expelleth and keepeth away from the Common-wealth all dangers when necessity requireth both with armes and prowesse he appointeth rewards to the good and faithfull according to their desarts he restraineth the wicked with the sharpenesse and severity of punishments and he preserveth his Country and Kingdome safe by his care and watchfulnesse both from Forraigne foes and intestine fraudes and these offices he dischargeth indeed and undertaketh to discharge them as often as any need requireth And he that thinketh that all these things so many and so great affaires can be discharged without great cost and charge is voyd of understanding and ignorant of the common course of life and therefore this thing which is received by a common custome that Kings should be assisted and their royalty maintained by the publique charge of the people is not only allowed by humane law but is also confirmed by the divine right Men should therefore consider that the occasions of Kings are very great abroad for intelligence and correspondency with Forraigne States that we may reap the fruit of other Nations vent our owne commodities to our best advantage and be guarded secured and preserved from all our outward enemies and at home to support a due State answerable to his place to maintaine the publique justice and judgements of the whole Kingdome and a hundred such like occasions that every private man cannot perceive and thinke you that these things can be done without meanes without mony if you still poure out and not poure in your bottle will be soon empty and the Ocean sea would be soon dried up if the Rivers did not still supply the same and therefore not only Deioces that I spake of before when he was elected King of the Medes caused them to build him a most stately Palace and the famous City of Ecbatana and to give him a goodly band of select men for the safeguard of his Person and to provide all other things fitting for the Majesty of a King and all the other Kings of the Gentiles did the like as well they might if it be true that some of them thought Quicquid habet locuples quicquid custodit avarus Gunterus Jure quidem nostrum est populo concedimus usum But also Solomon 1. Reg. 12.4 and all the rest of the Kings of Israell required no small ayd and tribute from their Subjects for though Tertull. out of Deut. 23.17 reads it Tertull. to 3. de pudicit c. 9. Pamel in Tertull. there shall not be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vectigal pendens a payer of tribute of the sonnes of Israell yet Pamelius well observes it that these words are not in the originall but are taken by him out of the septuagint which also saith not of the sons but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the daughters of Israell that is ex impudicitia lupanaribus for their dishonesty as it is said in the next verse Deut. 23.18 that the hire of a whore and the price of a dogge are an abominatâ—on unto the Lord Aug. de Civit. dei l. 10. c. 9. and so S. Aug. useth the word Teletae for those unchast sacrifices wherewith such women did oblige themselves and so doth Theodoret likewise but that the Iewes paid tribute it is manifest out of 1. Sam. 17.24 where this reward is promised to him that killed Goliah 1. Sam. 17.25 in vulgata editione that his fathers house should be absque tributo free from all tribute in Israell therefore certainly they paid tribute and to make it yet more plaine Solomon appointed Jeroboam super tributa universae domûs Joseph 2. reg 11.28 saith the vulgar lat over all the charge or burthen of the house of Joseph that is of the tribe of Ephraim and Manasses as our translation reads it Barrad to 2. l. 5. c. 21. p. 34â— and he appointed Adoniram the son of Abda over the tribute 1. Reg. 4.6 Yea though the Iewes were the people of God and thought themselves free and no wayes obliged to be taxed by Forraigne Princes that were Ethnicks yet after Pompey took their City they paid tribute to the Romans Iosephus l. 15. c.. 8 and our Saviour bids us not only to obey but also to render unto Caesar what is Caesars that is not determining the quota pars how much as he doth the tenth unto the Priest but indefinitely some part of our goods for subsidies imposts aids loanes or call it by what name you will and rather then himselfe would omit this duty though he never wrought any other miracle about mony yet herein when he had never a peny Barrad to 2. l. 10. c. 32. p. 317. he would create mony in the mouth of a fish as S. Hierome and the interlin glosse do think and command the fish to pay tribute both for himselfe and his Apostle Therefore we should render unto Caesar what is Caesars that is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which the Greekes take promiscuously though the Civilians distinguish them de solo fundo de bonis mobilibus de mercibus of our grounds of our goods of our merchandize we ought to pay subsidies aid and tribute unto our King and that not sparingly nor by way of benevolence as if it were in our power to doe it or not to doe it sed ex debito but as his due iure divino regulâ iustitiae as his proper importance annexed unto his Crowne for