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A80120 A collection of the rights and priviledges of Parliament. Together, with the true and just prerogatives of the kings of England. Collected out of ancient writers, both divine and morrall. Informing the willing man, convincing the flatterer, and vindicating those that pray for the tranquillitie of this our Syon. / Written by a Gentleman that wishes all happinesse and peace, to this distracted kingdome. Gentleman that wishes all happinesse and peace to this distracted kingdome. 1642 (1642) Wing C5207; Thomason E239_12; ESTC R3898 15,173 15

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excepted yea chiefly to be observed that it doe not lead us away from obeying him to whose will the desires of all Kings ought to be subject to whose decrees all the commandements ought to yeeld to whose Majestie their maces ought to be submitted And truly how unorderly were it for the satisfying of men to runne into his displeasure for whom men themselves are obeyed The Lord therefore is the King of Kings who when he hath opened his holy mouth is to be heard alone for altogether and above all next to him we be subject to that authoritie which he hath set over us but no otherwise then in him If they command any thing against him let it have no place and let no accompt be made of it neither let us herein any thing stay upon all that dignity wherewith the Magistrates excell to which there is no wrong done when it is brought into order of subjection in comparison of that singular and truly Soveraigne power of God Daniell denied that he had any thing offended the King when he obeyed not his wicked Proclamation because the King had passed his bounds The Israelites were condemned because they were too much obedient to the wicked commandement of their King So far is it off that the pretence of obedience may deserve praise wherewith the flatterers of the Court do cover themselves and deceive the simple while they say it is not lawfull forthem to refuse any thing that is commanded them of their Princes As though God had resigned his power to mortall men giving them the rule of man kind or as though the earthly power were minished when it is made subject to the author of it we then performe that obedience which the Lord requireth when we suffer any thing rather then swerne from Godlines for we were therefore redeemed of Christ with so great a price as our redemption cost him that we should not yeeld our selves in thraledome to obey the perverse desires of men Ibid. Sect. 32. Some will be apt to say as formerly others have done that the assemblies of Parliaments are dangerous for the Kings estate and diverse of meane calling and lesse honesty say its treason to make mention of the assembling of estates and a thing tending to the dimunition of the Kings authority but they themselves worke treason against God the King and the Common-wealth neither doe any use those speeches but such as are in authoritie without desert and unworthy thereof or such as feare great assemblies lest their doings should be ripped up and reprehended thus Comines But if the strength of the King be in the heart of his people as said King Iames If the Court of Parliament compounded according to the anciently accustomed course be the most stately honourable Magnificent assured compleate absolute and approoved Councell that the Kings of this Land can assemble for their safest advise and most constant resolution not onely for the supportation preservation of the Laws but therwith also of the Soveraigne honour Majesty and dignity royall of all other affaires concerning the state both of Church and Common-wealth what shall we then say of such persons who having by favour fate or otherwise crept into the bosome and eares of Princes or others being trusted in their Soveraignes intimate or more remote counsels have applyed themselves or hereafter for their owne private and sinister ends and purposes shall apply themselves by their suggestions or adulations to overthrow and frustrate those Lawes and customes and frame of government of this nation so long since so solemnly so sacredly established Surely we must needs censure them to be guiltie of the violation first of the holy Commands of God next of the Lawes of nature then of order rule and lastly Of their fidelity to their sacred Prince and dearest Country and therefore to be spewed out of the Common-wealth being first branded with the infamous name of the most apparent enemies both of Church and State Thus another Plutarch saith he who corrupteth or seduceth a Prince deserveth no lesse to be abhorred of all men then he that should poyson a fountaine whereof all men should drinke and that the punishment of a wicked Councellour is a debt due to the Common-wealth which hath beene duly required by the people as duly paid by the hand of justice nay some such have taken vengeance upon themselves as of both sorts in diverse Histories do appeare We never armed the people nor taught them to rebell against their Prince we teach them as Saint Paul doth to be subject to the higher Powers not only for feare but for conscience sake We teach them that who so striketh with the Sword by private authority shall perish with the Sword we teach the people onely to defend themselves by all lawfull meanes against oppression as did David against King Saul and as the Nobles in France did they sought not to kill but to save their owne lives Iew. Def. Fol. 18. The Kingdomes and States of the world have their severall compositions agresements the subject may Arme himselfe against his Prince by the common advice and by the publike authoritie of the Realme The Nobles in Scotland in the time of the Queene neither drew the sword nor attempted force against the Prince they sought onely the continuance of Gods undoubted truth the defence of their own lives against your Batharous and Cruell invasions Is it Lawfull to draw the Sword in defence of the Pope and not lawfull for them to defend themselves in the Defence of Christ The subject is bound to obey his Prince howbeit not in all things without exception but only so far as Gods Glory is not touched These Nobles had learned of Saint Peter it is better to obey God then man Neither may a godly Prince take it as any dishonour to his State to see God obeyed before him for he is not God but the Minister of God Christ commanded that is due unto God to be given to God that is due unto Caesar to be given to Caesar And this is not to rebell against but to helpe Caesar Ibid. Fol. 20. The limits both of the Magistrates Commanding and our obeying are these two Piety and Charitie contrary to these must neither they command nor we do when the Kings Commandement passed these limits the Midwives would not obey and the Lord blessed them for it heere are limits or as that of Daniel in Calvin bounds to a Prince and here is resisting or opposition they would not obey and the approbation of it too the Lord blessed them for it Bab on the Comm Fol 52.54 There being a bloudy cruell arrest procured against the Walldoes by the Bishops of that time from their Soveraigne the Duke against man woman child to roote utterly out them and their posteritie and that only for the profession of the truth the Gospell of Christ and their close walking with it they at the first scrupuled whether or no
the Nobles of the kingdom assemble together deposing him from his kingdome set up another in his place which shall sweare to rule and governe uprightly and to be obedient to his Lawes Ibid Fol. 880. The Brittish Nobilitie combine themselves depose Vertigerne for his improvident admission of the Saxons elect Vertimer his son Dan Fol. 7 See the lives and raignes of king John Hen. 3. Edw. 2. Ibid. Dan. I allow not them who attribute so ample and large authority unto Kings that they will not have them bound under any Lawes for such as do so say are but flatterers which do talke otherwise then they thinke for albeit they say the moderation of the Law is alwayes in the Kings power that doe I thus understand that when as reason shall perswade he ought to digresse from the rigour of the Law for he is called a king which careth and provideth for the Common-wealth taketh pleasure in the commoditie and profit of his subjects and in all his doings hath respect to the commodity of those over whom he ruleth which if he doe not he is not to be counted a King but a tyrant whose propertie it is onely to seeke his owne profit for in this point a King differeth from a tyrant that the one seeketh the commoditie and profit of those whom he ruleth and the other only his owne The which to make more manifest the cause is also to be alledged wherefore kings were ordained at the beginning Cicero saith it is certaine there was a time when as the people lived without kings but afterwards when lands and possessions began to be divided according to the custome of every Nation then were kings ordained for none other cause but onely to exercise justice for when as the common people were oppressed by rich and mighty men they ranne by and by to some good and vertuous man which should defend the poore from injurie and ordaine lawes whereby the poore and rich might dwell together but when as yet under the rule of kings the people were often times oppressed Lawes were ordained instituted the which should judge neither for hatred nor favour and give like eare unto the poore and unto the rich wherby we understand and know that not onely the people but also the King to be subject to the Lawes Fox voll 1. Fol. 880. The Lawes are Iuracoronae or Iura Regia because saith Braston a learned Iudge in the time of Hen. 3. the King is under no man but God and the Law for the Law makes the King therefore let the King attribute that to the Law which from the law he hath received to wit power and dominion for where will and not law doth sway there is no King The Crowne of England descends to the next of bloud onely by the custome and Law of Kingdome for the Successor is not said properly to be the heyre of the King but of the Kingdome which makes him so Dan Fol. 29. It s a harsh thing to a power that hath once gotten out into the wide liberty of its will to heare of any reducing to its circle not considering how they who inherit offices succeed in the obligation of them and that the most certaine meanes to preserve unto a King his Kingdome is to possesse them with the same conditions that he hath inherited them Ibid Fol. 121. Such of the Pylots Royall of this Land as have made use of and relyed upon the ancient Lawes and long settled Customes of this nation for their Card and Compasse for the guiding of the Barke of this Common-wealth have most honourably and prospercusly sayled through all the most difficult and dangerous passages and roughest billowes in the most boisterous stormes and at length have atived at their desired haven with infinite glory to themselves and the nation And such who willfully or seducedly rejected and contemned those Lawes and customs were during all or the most part of their Reignes tost and turmoyled both they and the whole Kingdome in most wofull sort to the very period of iminent and jrrevocable destruction of themselves and the losse of the state The excellent fruite of Parliaments in this state at all times and that those Princes who were most conversant in them were alwayes most happy in their government is best observed in the histories at large And the cause why Facitus did ascribe so much to the prosperous proceedings of the Romans was quodnon in communi cousuelerint and the Scripture saith By wise counsell thou shalt make thy war that in the multitude of Councellours there is safetie And as Sir Walter Raleigh spake it shall ever be my prayer that our King embrace the Councell of honour and safetie and let other Princes embrace that of force Our King saith Commines is the King in the world who hath least cause to alledge that he hath privilidges to leavie what he listeth upon the subjects seeing that neither he nor any other Prince hath power so to do and those that say he hath do him no honour nor make him to be esteemed but cause him to be hated and feared of his neighbours who for no thing would live under such a government How ever the very doings of men be judged yet the Lord did as well execute his work by them when he did break the bloudy Septers of proud kings and overthrow their intollerable governments Let Princes heare and be afraid but we in the meane time must take great heed that we do not despise or offend that the authority of Magistrates ful of reverend Majesty which God hath established with most weighty decrees although it remaine with most unworthy men and which do with their wickednesse so fat as in them is defile it For though the correcting of unbridled government be the revengment of the Lord Let us not thinke by and by that it is committed to us to whom is given no other commandement but to obey and suffer I speake alway of private men for if there be at this time any Magistrats for the behalfe of the people such as in the old time were the Ephori● that were set against the kings of Lacedemonia or the Tribunes of the people against the Roman Consuls or the Demarchy against the Senate of Athens And the same power also which peradventure as things are now the three estates have in every Realme when they hold their principal assemblies Parliaments I do so not forbid them according to their Office to withstand the outraging licensciousnesse of Kings that I affirme that if they winke at Kings wilfully raging over and treading downe the poore communalty their dissembling is not without breach of faith because they deceitfully betray the liberty of the people whereof they know themselves to be appointed Protectors by the ordinance of God Thus Calvin in his Inst lib. 4. Chap. 20. Sect. 31. And in that obedience which we have determined to be due to the authoritie of Governors this is alwayes to be