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A96592 Jura majestatis, the rights of kings both in church and state: 1. Granted by God. 2. Violated by the rebels. 3. Vindicated by the truth. And, the wickednesses of this faction of this pretended Parliament at VVestminster. 1. Manifested by their actions. 1. Perjury. 2. Rebellion. 3. Oppression. 4. Murder. 5. Robberies. 6. Sacriledge, and the like. 2. Proved by their ordinances. 1. Against law. 2. Against Equity. 3. Against conscience. Published 1. To the eternall honour of our just God. 2. The indeleble shame of the wicked rebels. And 3. To procure the happy peace of this distressed land. Which many feare we shall never obtaine; untill 1. The rebels be destroyed, or reduced to the obedience of our King. And 2. The breaches of the Church be repaired. 1. By the restauration of Gods (now much profamed) service. And 2. The reparation of the many injuries done to Christ his now dis-esteemed servants. By Gryffith Williams, Lord Bishop of Ossory. Williams, Gryffith, 1589?-1672.; Burgess, Anthony, d. 1664. 1644 (1644) Wing W2669; Thomason E14_18b 215,936 255

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〈◊〉 cause of anger 3. The wisest of all Kings but the King of Kings saith The feare of a King is as the roaring of a Lion Prov. 2.2 who so provoketh him to anger sinneth against his owne soule And I beleeve that the taking up of Armes by the Subjects against their owne King that never wronged them The Rebels have given him cause enough to be provoked and the seeking to take away his life and the life of his most faithfull servants is cause enough to provoke any King to anger if he be not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 too Stoically given to abandon all passions and that anger should be like the roaring of a Lion to them that would pull out the Lions eyes and take away the Lions life 4. To speake reverently to the King and of the King Eccles 8.4 4. The King of Heaven saith of these earthly Kings That where the word of a King is there is power and who may say unto him what doest thou And Elihu demands Is it fit to say to a King thou art wicked or to Princes you are ungodly Truly if Elihu were now here he might heare many unfitter things said to our King by his own people and which is more strange by some Preachers for some of them have said but most maliciously and more falsely that he is a Papist he is the Traytor unworthy to raigne unfit to live good God! doe these men thinke God saith truth Where the word of a King is there is power that is to blast the conspiracies and to confound the spirits of all Rebels who shall one day finde it because the wrath of God at last will be awaked against their treachery and to revenge their perjury by inabling the King to accomplish the same upon all that resist him Jerem. 27.8 as he promised to doe in the like case 5. To pray for the King Ezra 6.10 5. The Israelites being in captivity under the King of Babylon were commanded to pray for the life of that Heathen King and for the life of his sonnes And Saint Paul exhorteth Timothy to make supplications 1. Tim. 2.1 2. prayers intercessions and giving of thankes for Kings and for all that are in authority and how doe our men pray for our King in many Pulpits not at all and in some places for his overthrow for the shortning of his life and the finishing of his dayes nullum sit in omine pondus and they give thankes indeed not for his good but for their owne supposed good successe against him thus they prevaricate and pervert the words of the Apostle to their owne destruction Psal 109.6 when as the Prophet saith Their prayers shall be turned into sinne 6. 6. To render all his du●s unto him Christ commandeth us to render unto Caesar the things that are Caesars that is as I shall more fully shew hereafter your inward duties of honour love reverence and the like and your outward debts toll tribute custome c. and the Rebels render none unto him but take all from him and returne his Armes to his destruction I might produce many other places and precepts of Holy Scripture to inforce this duty to honour the King but what will suffice him cui Roma parum est if they beleeve not Moses neither will they beleeve if one should arise from the dead Luke 16.31 and if these things cannot move them then certainly all the world cannot remove them from their wickednesse Yet 3. Quia exempla movent plus quàm praecepta docent 3. All Kings should be honoured by the example of all Nations 1. The Israelites 1. In Egypt you shall finde this doctrine practised by the perpetuall demeanour of all Nations For 1. If you looke upon the children of Israel in the Land of Egypt it cannot be denyed but Pharoah was a wicked King and exercised great cruelty and exceeding tyranny against Gods people yet Moses did not incite the Israelites to take armes against him though they were more in number Exod 12.37 Exod. 1.9 being six hundred thousand men and abler for strength to make their party good then Pharoah was as the King himselfe confesseth but they contained themselves within the bounds of their obedience and waited Gods leisure for their deliverance because they knew their patient suffering would more manifest their owne piety and aggravate King Pharaohs obstinacie and especially magnifie Gods glory then their undutifull rebelling could any wayes illustrate the least of these 2. Davids demeanour towards Saul is most memorable 2. Under Saul The loyall Subjects beliefe p. 55. for though as one saith King Saul discovered in part the described manner of such a King as Samuel had fore-shewed yet David and all his followers performed and observed the prescribed conditions that are approved by God in true Subjects never resisting never rebelling against his King though his King most unjustly persecuted him Samuel also when he had pronounced Sauls rejection 1. Sam. 15. yet did he never incite the people to Rebellion but wept and prayed for him and discharged all other duties which formerly he had shewed to be due unto him 3. Under Ahab and Elias that had as good repute with the people and could as easily have stirred up sedition as any of the seditious Preachers of this time yet did he never perswade the Subjects to withstand the illegall commands of a most wicked King 1. Reg 21.25 that as the Scripture testifieth had sold himselfe to worke wickednesse and became the more exceedingly sinfull by the provocation of Jezabell his most wicked wife and harlot but he honoured his Soveraignty and feared his Majestie when he fled away from his cruelty Two examples of the whole Nation under Heathen k●ngs 1. Under Ar●●xerxes Ezr● 1.1 c. And because these are but particular presidents I will name you two observable examples of the whole Nation 1. When Cyrus made a Decree and his Decree according to the Lawes of the Medes and Persians should be unalterable that the Temple of Jerusalem should be re-edified and the adversaries of the Jewes obtained a Letter from Artaxerxes to prohibit them the people of God submitting themselves to the personall command of the King contrary to that unalterable Law of Cyrus pleaded neither the goodnesse of the worke nor the justnesse of the cause but yeilded to the Kings will and ceased from their worke untill they obtained a new Licence in the second yeare of King Darius and if it be objected that they built the Temple in despite of those that hindered them with their sword in one hand and a trowell in the other it is rightly answered that having the Kings leave to build it they might justly resist their enemies that did therein not onely shew their malice unto them but also resisted the will of the King 2. Under Ahashuerus Hester 3.10 2. When Ahashuerus to satisfie the unjust desire of his
destruction of the Common-wealth As the neglect thereof brought ignorance unto the Church and ruine to the Romane Empire for as in Augustus time learning flourished and in Constantines time piety was much embraced because these Emperours were such themselves so when the Kings whose examples most men are apt to follow either busied with secular affaires or neglecting to understand the truth of things and the state of the Church do leave this care unto others then others imitating their neglect doe rule all things with great corruption and as little truth whereby errours and blindnesse will over-spread the Church and pride covetousnesse and ambition will replenish the Common-wealth and these vices like the tares that grow up in Gods field to suffocate the pure Wheat will at last choake up all vertue and piety both in Church and State Therefore to prevent this mischiefe the King on whom God hath laid the care of these things ought himselfe what he can to learne and find out the true state of things and because it is far unbefitting the honour and inconsistent with the charge of great Princes whose other affaires will not permit them to be alwayes poring at their bookes as if they were such critiques as intended to exceed all others in the theorick learning like Archimedes that was in his studie drawing forth his Mathematicall figures when the Citie was sackt and his enemies pulling down the house about his eares How Kings may attaine unto the knowledge of religion and understand the state of the Church and how to governe the same therefore it is wisedome in them to imitate the discreet examples of other wise Kings and religious Emperours in following the meanes that God hath left and using the power and authority that he hath given them to attaine unto more knowledge and to be better instructed in any religious matter then themselves could possibly attaine unto by their owne greatest studie and that is 1. To call able Clergy-men about them 1. As Alexander had his Aristotle ready to informe him in any Philosophicall doubt and Augustus his prime Orators Poëts and Historians to instruct him in all affaires so God hath granted this power unto his Kings to call those Bishops and command such Chaplaines to reside about them as shall be able to informe them in any truth of Divinity and so direct them in the best forme of government of Gods Church and these Chaplaines should be well approved both for their learning and their honesty for to be learned without honesty as many are is to be witty to doe evill which is most pernitious and doth often times make a private gaine by a publique losse or an advantage to themselves by the detriment of the Church and to be honest without knowledge How they should be qualified or to have knowledge without experience especially in such places of eminencie and for the affaires of importance may be as dangerous when their want of skill may counsell to doe matters of much hurt but when both are met together in one person that man is a fit Subject to doe good service both to God and the King and the King may be assured there cannot be a better furtherance to assist him for the well ordering of Gods Church then the grave advice directions of such instruments as it appeareth by that memorable example of King Ioas left to be remembred by all Kings who whilest the wise and religious Priest Jehoiada assisted and directed him had all things successefull and happy to his whole Kingdome but after Jehoiada's death 2. Reg. 12.1 the King destitute of such a Chaplaine to attend and such a Priest to counsell him all things came speedily to great ruine Therefore I dare boldly avouch it they are enemies unto Kings and the underminers of Gods Church and such instruments as I am not able to expresse their wickednesse that would exclude such Jehoiada's from the Kings counsell for was not Saul a wicked King and Ahab little better yet Saul would have Samuel to direct him though he followed not his direction and Ahab would aske counsell of Micaiah though he rejected the same to his owne destruction and King David 1. Reg. 22.16 though never so wise and so great a Prophet and Josias and Ezechias and all the rest of the good Kings had alwayes the Priests and the men of God to be their Counsellors and followed their directions especially in Church causes as the oracles of God Mar. 6.20 so wicked Herod disdained not to heare John the Baptist and to be reformed by him in many things and happy had he beene had he done it in all things And if you reade Eusebius which is called Pamphilus for the great love he bare to that his noble Patron and Socrates and the rest of the Ecclesiasticall Historians or the Histories of our owne Land you shall finde that the best Kings and greatest Emperours had the best Divines and the most reverend Bishops to be their chiefest Counsellors and to be imployed by them in their weightiest affaires How then hath the Devill now prevailed to exclude them from all Counsels and as much as in him lyeth from the sight of Princes when he makes it a suspicion of much evill if they do but talke together How hath he bewitched the Nobility to yeild to be deprived of their Chaplaines Is it not to keepe them that have not time to studie and to find out truth themselves still in the ignorance of things and to none other end then to overthrow the true religion and to bring Kings and Princes to confusion 2. When the King seeth cause 2. To call Synods to discusse and conclude the harder things God hath given him power and authority to call Synods and Councels and to assemble the best men the most moderate and most learned to determine of those things together which a fewer number could not so well or at least not so authoritatively conclude upon for so Constantine the Great called the great Councell of Nice to suppresse the Heresie of Arius Theodosius called the Councell of Ephesus in the case of Nestorius Valentinian and Martian called the Councell of Calcedon against Eutyches Justinian called the Councell of Constantinople against Severus that renewed the Heresie of Eutyches Constantine the Fifth called the sixth Synod against the Monothelites and so did many others in the like cases God having fully granted this right and authority unto them for their better information in any point of religion and the governement of the Church And therefore they that deny this power unto Kings or assume this authority unto themselves whether Popes or Parliament out of the Kings hand they may as well take his eyes out of his head because this is one of the best helpes that God hath left unto Kings to assist and direct them in the chiefest part of their royall government The unparallel'd presumption of the Faction to call a Synod without
Sectaries to make the royall Dignity 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a humane ordinance therefore I must goe before Herodotus and looke further then blinde Homer could see and from the first King that ever was I will truly lay downe the first institution and succession of Kings and how times have wrought by corruption the alteration of their right and diminution of their power which both God and nature had first granted unto them God the first King 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Tim. 1.17 Apoc. 19.16 And I hope no Basileu-mastix no hater of Kings nor opposer of the royall government can deny but that God himselfe was the first King that ever the world saw that was the King of ages before all worlds and the King of Kings ever since there were any created Kings The next King that I reade of was Adam whom Cedrenus stiles the Catholique Monarch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a mighty King of a large Territorie of great Dominion and of unquestionable right unto his Kingdome which was the whole world the earth the Seas and all that were therein For the great King of all Kings said unto him Be fruitfull and multiply and replenish the earth Gen. 1.28 and subdue it and have dominion over the fish of the Sea Adam the first King of all men and over the fowle of the aire and over every living thing that moveth upon the earth Which is a very large Commission when dominare is more then regere and therefore his royalty is so plaine that none but wilfull ignorants will deny it to be divinum institutum a divine institution and affirme it as they doe to be humanum inventum a humane ordination when you know there were no men to chuse him and you see God himselfe doth appoint him Iohan. Beda de jure regum p. 4. and after the flood the Empire of Noah was divided betwixt his 3 sonnes Japhet raigned in Europe Sem in Asia and Cham in Africa Yet I must confesse the first Kingdome that is spoken of by that name is the Kingdome of Nimrod Gen. 10.9 who notwithstanding is not himselfe termed King but in the Scripture phrase a mighty hunter because he was not onely a great King but also a mighty Tyrant or oppressour of his people in all his Kingdome or as I rather conceive it because he was the first usurper that incroached upon his neighbours rights to inlarge his owne dominions and the first King that I finde by that name in the Scripture was Amraphell King of Shinar Gen. 14.1 with whom we finde 8 other Kings named in the same chapter But we are not to contest about words or to strive about the winde when the Scripture doth first give this name unto them the plaine truth is that which we are to enquire after and so it is manifest there were Kings ever since Adam and so named ever since Noahs floud for Melchizedech which in the judgement of Master Selden Broughton and others was Sem the eldest sonne of Noah though mine owne minde is set downe otherwise was King of Salem and Justin tells us that long before Ninus which was the sonne of Nimrod there were many other Kings as Vexores King of Aegypt 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Euripides de Cyclop and Tanais King of Scythia and the like and as reason sheweth us that every one qui regit alios rex est so every master of a family that ruleth his owne houshold is a petite King as we commonly say to this very day every man is a King in his owne house and as their families were the greater so were they the greater Kings so Abraham had 300 and 18 servants Gen. 14.14 that were able men for the warre in his owne house and therefore the inhabitants of the Land tell him Princeps Dei es inter nos thou art a Prince of God that is a great ruler amongst us and yet the greatest of these rulers were rather reguli then reges Kings of some Cities or small Territories and of no large dominion Josh 12.14 as those 31 Kings which Joshua vanquished doth make it plaine Selden in his Titles of honour cap. 1. But Master Selden confesseth that civill societies beginning in particular families the heads thereof ruled as Kings and as the world increased or these Kings incroached upon their neighbours so their Kingdomes were inlarged Kings therefore they were and they were Kings from the beginning But how they came to be Kings or what right they had to that regall power from whence their authority is derived 1. Whether God ordained it or 2. Themselves assumed it or 3. The people conferred it upon them herein lyeth all the question The chiefest rights to Kingdomes either of three wayes To which I must briefly answer that the right of all Kings which have any right unto their Kingdomes is principally either 1. By birth or 2. By the sword or 3. By choice whereof The last is and may be just and good The second is so without question but The first is most just so best of all For 1. The best right wi●hout contradiction is by inheritance 1. The best right whereby the Patriarches and all the rest of the posterity of Adam injoyed their royalty was that which God hath appointed that is the right of primogeniture whereby the elder was by the law of nature to raigne and rule over the younger as God saith unto Cain though he was never so wicked an hypocrite Gen. 4.7 unto thee shall be the desire of thy brother and thou shalt rule over him though he was never so godly and syncere a server of God Gen. 25.31 which made Jacob so earnestly desirous to purchase the birth-right or the right of primogeniture from his brother And 2. The right by conquest is a just and a good right 2. When the rightfull Kings became with Nimrod to be unjust Tyrants then God that is not tyed to his Vicegerant any longer then he pleaseth but hath right and power Paramount to translate the rule and transferre the dominion of his people to whom he will Psal 89 44. So the Israelites enjoyed the kingdome of Canaan and David the territories of them that he subdued c. Esdras 1.2 Esay 45.1 2. Dan. 2. c. 4. hath oftentimes throwne downe the mighty from their seat and given away their crownes and kingdomes unto others that were more humble and meeke or some other way fitter to effect his divine purpose as he did the kingdome of Saul unto David and Belshazzar's unto Cyrus and this he doth most commonly by the power of the sword when the Conquerour shall make his strength to become the Law of justice and his ability to hold it to become his right of enjoying it for so he gave the Kingdomes of the earth to Cyrus Alexander Augustus and the like Kings and Emperours that had no ●●her right to their Dominions but
to make it yet more cleare that the Kings power to rule his people was arbitrary Sigonius saith most truly that the power of governing the people was given by God unto Moses before the Law was given and therefore he called the people to counsell and without either Judges or Magistrates jura eisdem reddidit he administred justice and did right to every one of them So Joshua exercised the same right and the Judges after him and after the Judges succeeded the Kings quorum potestas atque autoritas multo major ut quae non tam à legibus quàm ab arbitrio voluntate regis profecta sit Sigon de rep Heb. l. 7. c. 3. Hoc arbitrarium impertum expressit Deus 1. Sam. 8. David Ps 11. Reges eos in v●rga ferrea whose power and authority was farre greater as proceeding not so much from the Lawes as from the arbitrement and the will of the King saith Sigonius for they understood the power of a King in Aristotles sence Qui solutus legibus plenissimo jure regnaret who being freed from the Lawes or not tyed to Lawes might governe with a plenary right And so Saul judged Israel and had altogether the arbitrary power both of life and death Idem ibidem quodam modo superior legibus fuit and was after a sort above the Law undertaking and making warre pro arbitratu suo according to his owne will And in his sixth booke he saith the Jewes had three great Courts or Assemblies Cap. 2. 1. Their Councell which contained that company that handled those things especially which concerned the State of the whole Common-wealth as warre peace provision institution of Lawes creation of Magistrates and the like Cap. 3. 2. Their Synagogue or the meeting of the whole Congregation or people which no man might convocate but he which had the chiefe rule as Moses Joshua the Judges and the Kings Cap. 4. Numb 15. Plenum regnum vocatur quo cuncta rex sua voluntate gerit Idem 3. Their standing Senate which was appointed of God to be of the 70 Elders whereof he saith that although this was alwayes standing for consultation yet we must understand that the Kings which had the Common-wealth in their owne power and were not obnoxious to the Lawes made Decrees of themselves without the authority of the Senate ut qui cum summo imperio essent as men that were indued with the chiefest rule and command And we finde that the King judged the people two manner of wayes 1. Alone 2. Together with the Elders and Priests For it is said that Absolon when any man came to the King for judgement wished that he were made Judge in the Land 2. Sam. 15.2 6 and he did in this manner to all Israel that came to the King for judgement and when the people demanded a King instead of Samuel to reigne over them and God said 1. Sam. 8.7 They had cast him off from being their King he signifieth most plainly that while the Judges ruled which had their chiefest authority from the Law God raigned over them because his Law did rule them but the rule and government being translated unto Kings God raigned no longer over them Quia non penes legem Dei sed penes voluntatem unius hominis summa rerum autoritas esset futura because now all authority and all things were not in the power of the Law but in the power of one mans arbitrary will But seeing we are fallen upon the peoples desire of a King let us examine what right God saith belongeth unto him and because that place 1. Sam. 8. is contradicted by another Deut. 17. as it seemeth we will examine both places and see if Moses doth any wayes crosse Samuel Deut. 17.14 usque ad finem and truly I may say of these two places that as S. Aug. saith in the like case alii atque alii aliud atque aliud opinati sunt for some learned men say that Moses setteth downe to the King legem regendi the Law by which he should governe the people without wronging them and Samuel setteth downe to the people legem parendi the Law by which they should obey the King without resisting him whatsoever he should doe to them And other Divines say Haec est potestas legitima non tyrannica nec violenta Spalat tom 2. fol. 251. ideo quando rex propria negotia non possit expedire per proprias res ac servos G. Ocham tract 2. l. 2. c. 25. possit pro negotiis propriis tollere res servos aliorum isto modo dicebat Deus quod pertinebat ad jus regis this is the lawfull and just right of the King Therefore to finde out the truth let us a little more narrowly discusse both places And 1. In the words of Moses there I observe two speciall things 1. The charge of the people 2. The charge of the King 1. Popular election utterly forbidden 1. The people are commanded very strictly in any wise saith the Text to make choice of no King of their owne heads but to accept of him whom the Lord did chuse 2. The Kings charge 2. The King is commanded to write out the Law to study it and to practice it and he is forbidden to doe foure speciall things which are 1. Not to bring the people backe into Egypt nor to provide the means to bring them by multiplying his horses 2. Not to marry many wives that might intice him as they did Solomon unto Idolatry 3. Not to hoord up too much riches 4. Not to tyrannize over his Brethren Ioseph Anti. quit l. 4. And Josephus to the same purpose saith Si regis cupiditas vos incesserit is ex eadem gente sit curam omnino gora● justitiae allarum virtutum caveat vero ne plus legibus aut Deo sapiat nihil autem agat sine Pontificis Senator úmque sententia which Moses hath not neque nuptiis multis utatur nec copiam pecuniarum equorúmque sectetur quibus partis superleges superbia efferatur that is to be a Tyrant 2. The words of Samuel are set downe 1. Sam. 8.11 to the 18. Rex Iacobus in his true Law of free Monarchs verse whereof I confesse there are severall expositions some making the same a propheticall prediction of what some of their Kings would doe contrary to what they should doe as it was expressed by Moses So King James himselfe takes it others take it Grammatically for the true right of a King that may do all this and yet no way contradict those precepts forecited by Moses to confirme which supposition they say 1. The phrase here used must beare it out for as the Hebrew word signifieth as Pagninus noteth Morem aut modum aut consuetudinem and many other things as the place and the matter to be expressed doe require because every equivocall word of various signification
be revoked but without their consent not any thing can be altered in my understanding without injustice for with what equity can the Laity vote away the rights of the Clergy when the Clergy d●e absolutely deny their assent just as if the Clergy should give away the lands of the Laity or as if I had lent the King ten thousand pounds upon the publique assurance of King and both Houses to be repaid againe and they without mine assent shall vote the remission of this debt for some great benefit that they conceive redounding to the common wealth The party to whom the bond is m●de must release the bonds by which vote I should beleeve my selfe to be no better then meerely cheated or as if the Parliament without the assent of the Londoners should passe an act that all the money which they lent should be remitted for the releiving of the State I doubt not but they would conclude that act very unjust and so is this act against the Bishops because the Kings obligation to a particular body personall or politique cannot be dispensed with by the representative Kingdome without the releasement of that body to whom the King is obliged For I find that all the Casuists will tell you that juramentum promissorium ita obligat ut invito creditore non potest in melius commutari quia aliter iustitia veritas non servarentur inter homines Suarez de iuramento promiss l. 2. c. 12 n. 14. and it is their common tenet that it cannot be dispensed with quia per promissum acquiritur jus ei cui fit promissio utilitas unius non sufficit ut alter suo jure privetur the benefit of others must not deprive mee of my right This point is so cleare that neither Scholler nor any man of reason or conscience will denie it Therefore to perswade the King that is bound by his oath to preserve the Rights Priviledges of the Church Clergy to cast out the Bishops out of their rights or to take away their lands without their owne consent whom the King by his oath hath obliged himselfe to protect I can not see how they can do it without great iniquity or His Majestie consent to it and be innocent when he is fully informed of the rights of his Clergy whereas otherwise the most religious Prince may be subject to mistakings and so nesciently admit that which willingly he would never have granted And if they can not perswade him to doe this without iniquity how dare they goe about to force and compell him against conscience to commit this and such other horrible impiety but I assure my selfe that God who hath blessed our King and preserved him hitherto without blame as being forced to what he did or not throughly understanding what was our right the Bishops being imprisoned not suffered to informe him nor to answer for themselves wil still arme His Majestie with that resolution as shall never yeild to their impetuousnesse to transcend the limits of his owne most upright conscience Yet still it is urged they were excluded by act of Parliament Ob. therefore their exclusion cannot be unjust as being done by the wisedome of the whole State and the King should not desire it to be altered I answer that all Parliaments are not allwayes guided by an unerring spirit Sol. The case of our affairs p. 17. but were many times swayed by the heads of the most powerfull faction which are instances rather of their unsteady weakenesse then of their iust power when forsaking the guidance of their lawfull head they suffered themselves to be lead by popular pretenders as when Canut●s prevailed by his armes he could have a Parliament to resolve that his title to the Crowne was the best when Hen. 4. How powerfull factions have procured Parliaments to doe most unjust things had an army of 60000 men he could have a Parliament to depose Rich. 2. and conferre the Crowne upon himselfe when Edw. Duke of Yorke grew powerfull he could have a Parliament to determine the raigne of Hen. 6. and leave him only the name of King for his life but give the very Kingdome unto the Duke under the names of protector and regent and then he could procure the Parliament to declare that Hen. 4. Hen. 5. and Hen. 6. were but Kings de facto non de iure so Rich. the 3. Turba tremen● sequitur fortunam ut semper odit damnato● Iuven. Satyra 10. as meere an usurper as any could notwithstanding procure a Parliament to declare him a lawfull King and Hen. 7. could procure the forementioned acts that were made in favour of Edw. 4. and Rich. 3. to be annulled and Hen. 8. could have a Parliament to justifie and authorize his divorces and Queene Elizab. could have a Parliament to make it high treason for any man to say that the Queene could not by Act of Parliament binde and dispose the rights and titles When Kings were most powerfull they could get the Parliaments to yeeld to what Statutes they thought best when the Lords or faction were most powerfull they forced their Kings to make what Statutes they liked best which any person whatsoever might have unto the Crowne when as we know it was adjudged in Hen. 7. that no Act of Parliament nor yet an Attainder by Parliament can disable the right heire to the Crowne because the descent of the Crowne upon him purges all disabilities whatsoever and makes him every way capable thereof Thus as the Parliaments when they were most prevalent caused their Kings unwillingly to yeeld many things against right so the Kings growing most powerfull prevailed to worke the Parliament to consent to very unjust conclusions and therefore it is inconsequent to say this exclusion must be just because it is past by an Act of Parliament And therefore as in the 15 yeare of Edw. 3. the King being unwillingly drawne to consent to certaine Articles The Case of our aff●ires p. 20. prejudiciall to the Crowne and to promise to seale the Statute thereupon made lest otherwise his affaires in hand might have beene ruinated which we conceive to be just in like manner now the King very unwillingly drawne to passe this Act for the exclusion of the Clergy which is most prejudiciall both to the Crowne and the Church and a mighty dishonour unto God himselfe lest otherwise more mischiefe might have followed when he hoped that this would have appeased the fury of that prevalent faction which now the Kingdome seeth it did not Another Statute was made the same yeare Statutes unwillingly procured from the King repealed reciting the former matter that was enacted in these words It seemed to the said Earles Barons and other wise men that since the Statute did not of our free will proceed the same to be void and ought not to have the name nor strength of a statute and therefore by their counsell and assent wee
JVRA MAJESTATIS THE RIGHTS OF KINGS BOTH In CHVRCH and STATE 1. Granted by God 2. Violated by the Rebels 3. Vindicated by the Truth AND The wickednesses of the Faction of this pretended PARLIAMENT at VVestminster 1. Manifested by their Actions 1. Perjury 2. Rebellion 3. Oppression 4. Murder 5. Robberie 6. Sacriledge and the like 2. Proved by their Ordinances 1. Against Law 2. Against Equity 3. Against Conscience PUBLISHED 1. To the eternall honour of our just God 2. The indeleble shame of the wicked Rebels And 3. To procure the happy peace of this distressed Land Which many feare we shall never obtaine untill 1. The Rebels be destroyed or reduced to the obedience of our King And 2. The breaches of the Church be repaired 1. By the restauration of Gods now much prophaned service And 2. The reparation of the many injuries done to Christ his now dis-esteemed servants By GRYFFITH WILLIAMS Lord Bishop of OSSORY Impij homines qui dum volunt esse mali nolunt esse veritatem qua condemnantur mali Augustinus Printed at Oxford Ann. Dom. 1644. Carolus D G Mag Brittaniae Fra et Hiberniae Rex ●●r TO THE KING'S MOST EXCELLENT MAJESTIE Most gracious Soveraigne WIth no small paines and the more for want of my books and of any setled place being multùm terris jactatus alto frighted out of mine house and tost betwixt two distracted Kingdomes I have collected out of the sacred Scripture explained by the ancient Fathers and the best Writers of Gods Church these few Rights our of many that God and nature and Nations and the Lawes of this Land have fully and undeniably granted unto our Sveraigne Kings My witnesse is in Heaven that as my conscience directed me without any squint aspect so I have with all sincerity and freely traced and expressed the truth as I shall answer to the contrary at the dreadfull judgement 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 therefore with all fervency I humbly supplicate the divine Majestie still to assist Your Highnesse that as in Your lowest ebbe You have put on righteousnesse as a breast-plate and with an heroick resolution withstood the proudest waves of the raging Seas and the violent attempts of so many imaginary Kings so now in Your acquired strength You may still ride on with Your honour and for the glory of God the preservation of Christ his Church and the happinesse of this Kingdom not for the greatest storme that can be threatned suffer these Rights to be snatched away nor Your Crowne to be throwne to the dust nor the sword that God hath given You to be wrested out of Your hand by these uncircumcised Philistines these ungracious rebels and the vessels of Gods wrath 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unlesse they do most speedily repent for if the unrighteous will be unrighteous still and our wickednesse provoke God to bring our Land to desolation Your Majestie standing in the truth and for the right for the honour of God and the Church of his Sonne is absolved from all blame and all the bloud that shall be spilt and the oppressions insolencies and abhominations that are perpetrated shall be required at the hands and revenged upon the heads of these detested rebels You are and ought in the truth of cases of conscience to be informed by Your Divines and I am confident that herein they will all subscribe that God will undoubtedly assist You and arise in his good time to maintaine his owne cause and by this warre that is so undutifully so unjustly made against Your Majestie so Giant like fought against Heaven to overthrow the true Church You shall be glorious like King David that was a man of warre whose deare sonne raised a dangerous rebellion against him and in whose reigne so much bloud was spilt and yet notwithstanding these distempers in his Dominion he was a man according to Gods owne heart especially because that from α to ω * As in the beginning by reducing the Arke from the Philistines throughout the midst by setling the service of the Tabernacle in the ending by his resolution to build and leaving such a treasure for the erecting of the Temple the beginning of his raigne to the end of his life his chiefest endeavour was to promote the service and protect the servants of the Tabernacle the Ministers of Gods Church God Almighty so continue Your Majestie blesse You and protect You in all Your wayes Your vertuous pious Queene and all Your royall Progenie Which is the daily prayer of The most faithfull to Your Majestie GRYFFITH OSSORY The Contents of the severall Chapters contained in this TREATISE CHAP. I. Sheweth who are the fittest to set downe 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 Clergy the faire but most false pretences of the refractary Faction what they chiefely ayme at and their malice to Episcopacie and Royaltie Pag. 1 CHAP. II. Sheweth what Kings are to be honoured the institution of Kings to be immediately from God the first Kings the three chiefest rights to Kingdomes the best of the three rights how Kings came to be elected and how contrary to the opinion of Master Selden Aristocracie and Democracie issued out of Monarchie Pag. 12 CHAP. III. Sheweth the Monarchicall Government to be the best forme the first Government that ever was agreeable to Nature wherein God founded it consonant to Gods owne Government the most universally received throughout the world the immediate and proper Ordinance of God c. Pag. 20 CHAP. IV. Sheweth what we should not do and what we should do for the King the Rebels transgressing in all those how the Israelites honoured their persecuting King in Egypt how they behaved themselves under Artaxerxes Ahashuerus and under all their own Kings of Israel c. Pag. 29 CHAP. V. Sheweth how the Heathens honoured their Kings how Christ exhibited all due honour unto Heathen and wicked Kings how he carried himselfe before Pilate and how all the good Primitive Christians behaved themselves towards their Heathen persecuting Emperours Pag. 41 CHAP. VI. Sheweth the two chiefest duties of all Christian Kings to whom the charge and preservation of Religion is committed three severall opinions the strange speeches of the Disciplinarians against Kings are shewed and Viretus his scandalous reasons are answered the double service of all Christian Kings and how the Heathen Kings and Emperours had the charge of Religion Pag. 48 CHAP. VII Sheweth the three things necessary for all Kings that would preserve true Religion how the King may attaine to the knowledge of things that pertaine to Religion by His Bishops and Chaplains and the calling of Synods c. Pag. 62 CHAP. VIII Sheweth it is the right of Kings to make Ecclesiasticall Lawes and Canons proved by many authorities and examples that the good Kings and Emperours made such Lawes by the advice of their Bishops and Clergy
what they purchased with the edge of their swords which notwithstanding must needs be a very good right as the same commeth from God which is the God of war Psal 144 10. and giveth the victory unto Kings when as the Poet saith Victrix causa Deo placuit and he deposeth his Vicegerents and translateth the government of their Kingdomes as he seeth cause and to whom he pleaseth 3. When either the Kings neglected their duty 3. The right of elective kings and how they came to be elected and omitted the care of their People so farre as that the People knew not that they had any Kings or who had any right to be their Kings or upon the incursions of invading foes the Nations being exceedingly multiplied and having no Prince to protect them did change the orderly course of right belonging unto the first-borne which their rude and salvage course of life had obliterated from their minds unto the election and choice of whom they thought the better and the abler men to expell their enemies and to maintain justice among themselves so the Medes being oppressed with the insolencies and rapines of enemies and the greater men said it cannot be that in this corruption and lewdnesse of manners we shall long enjoy our Countrey and therefore 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Let us appoint over us a King Herodot lib. 1. that our Land may be governed by good Lawes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and we turning our selves to our owne affaires need not be oppressed by the rage and violence of the lawlesse and finding by their former experience of him that Deioces was the justest man amongst them they chose him for his equity to be their King which is the first elective King that I do reade of Cicero in Offic. pag 322. and Cicero saith Mihi quidem non apud Medos solùm sed etiam apud majores nostros justitiae fruenda causâ videntur olim benè morati reges constituti even as Justin said before And when the People do thus make choice of their King it is most true which Roffensis and our most learned Divines do say Roffensis de potestate Papae fol. 283. that Licet communicatio potestatis quandoque sit per consensum hominum potestas tamen ipsa immediatè est à Deo cujus est potestas though the power be sometimes conferred by the consent of men yet it is immediately gi●en from God Spalet tem 2. 529. whose power it is Et communitas nihil sui confert regibus saith Spalet nisi ad summum personam determinet potiùs personam applicat divina potestati quàm divinam potestatem persona ita Winton Resp. ad Matth. Tort. fol. 384. saith Christi Domini non Christi populi sunt Why kings were rejected by the people But as their justice and goodnesse moved the People to exalt them to this height of Dignity so either their own tyranny when change of place did change their manners or their Peoples inconstancy that are never long pleased with their governours caused them to be deposed againe and many times to be murdered by those hands that exalted them Then the People perceiving the manifold evils that flow from the want of government How the Aristocracie and Democracy issued out of Monarchy do erect other governments unto themselves and rather than they will endure the miserable effects of an Anarchie they resigne their hurtfull liberty and their totall power sometimes into the hands of few of the best of the flocke which we call Aristocracie or optimacy and sometimes into the hands of many which we call Democracie or a popular state In all which elections of Magistrates and resignations of the Peoples power voluntarily to the hands of their governours Each forme of government lawfull call them what you will Senate Consuls Duke Prince or King though I dare not any way reject any of them as a forme utterly disallowed and condemned of God yet comparing them together I dare boldly say the farther men go from God's first institution the more corruption we shall finde in them and therefore it must needs follow that Democracy is the next degree to Anarchie Democracy the worst kinde of Government and Aristocracie farre worse than Monarchy for though it may seem very unreasonable that one man should have all the power toto liber in orbe Solus Caesar erit And many plausible reasons may be alleadged for the rule of the Nobles or of the People yet the experience Inter patres plebemqu● certamina exercere modo turbulent tribuni medò consules praevalidi in urbe ac foro tentamenta civilium be●lorum mon è plebe infima C. Marius nobilium sae vissimus L. Sylla victam armis libertatē in dominationem v●rterunt Tac. l. 2. hist p. 16. usque 28. Prov. 28.2 that the Roman state had in those miserable Civill Warres that so frequently and so extremely afflicted them after they had put down their Kings as when Caius Marius the meanest of the Commonalty and Lucius Sylla the cruellest of all the Nobility destroyed their liberty and rooted ●●t all property by their Civill faction and the assistance of an illegall Militia and a multitude of unruly voluntiers and the fatall miscarriages of many businesses and the bad successes of their Armies when both the Consuls went forth Generals together with the want of unity secrecy and expedition which cannot be so well preserved amongst many do sufficiently shew how defective these Governments are and how farre beneath the excellency of Monarchie as it is most fully proved in the unlawfulnesse of Subjects taking up armes against their Soveraigne and more especially by the wisest of men that tels us plainly that for the transgressions of a Land many are the Princes thereof but by a man of understanding and knowledge the State thereof shall be prolonged and in another place he crieth Ecclesiast 10 16. Woe to that Land whose king is but a childe either in knowledge or in yeares for that during his infancy and the want of ability the government will be managed by many others which can produce nothing else but woes to that Common-wealth Aug. de l. arbi● l. 1. c. 6. and therefore Saint Augustine saith that if they who beare rule in Democracy do corrupt justice a good powerfull man may lawfully change that Democraticall goverment into an Aristocraticall or Monarchicall but you shall never finde it in any Christian Authour that any man be he never so good never so powerfull may lawfully upon any occasion or pretence change the Monarchie into an Aristocracy or Democracy because it is lawfull for us to reduce things from the worst and remotest state to the better and the nearer to the originall forme but not from the better to a worser and remoter from its originall institution which is then soundest when it is nearest to its first ordination CHAP. III. Sheweth the
to governe God's People is their indubitable right and the immediate prime principall Ordinance of God therefore it concernes every man as much as his soule is worth to examine seriously whether to fight against their owne King be not to resist the Ordinance of God for which God threatneth no lesse punishment than damnation from which Machiavel cannot preserve us nor any policy of State procure a dispensation CHAP. IV. Sheweth what we should not do and what we should do for the King the Rebells transgressing in all those how the Israelites honoured their persecuting King in Egypt how they behaved themselves under Artaxerxes Ahashuerus and under all their owne Kings of Israel and how our Kings are of the like institution with the Kings of Israel proved in the chiefest respects at large and therefore to have the like honour and obedience 2. AS every lawfull King is to be truly honoured in regard of God's Ordinance 2. All Kings are to be honoured in respect of God's precept considered two wayes so likewise in respect of God's precept which commandeth us to honour the King and this duty is so often inculcated and so fully laid upon us in the holy Scripture that I scarce know any duty towards man so much pressed and so plainly expressed as this is 1. Negatively what we should not do 1. What we should not do to deprive him of his Honour 2. Affirmatively what we should do to manifest and magnifie this Honour towards him for 1. Our very thoughts words 1. To thinke no ●ll of the King Curse not the King no not in thy thought Eccles 10.30 and workes are imprisoned and chained up in the linkes of God's strictest prohibition that they should no wayes peepe forth to produce the least dishonour unto our King for 1. The Spirit of God by the mouth of the wisest of men commands us to thinke no ill of the King let the King be what he will the precept is without restriction you must thinke no ill that is you must not intend and purpose in your thoughts to doe the least ill office or disparagement unto the King that ●●leth over you be the same King virtuous or vitious milde or cruell good or bad this is the sense of the Holy Ghost For as the childe with Cham shall become accursed if he doth but dishonour and despise his wicked father or his father in his wickednesse whom in all duty he ought to reverence so the Subject shall be liable to Gods vengeance if his heart shall intend the least ill to his most tyrannicall King To sa● no ●ll of th● King ●xod 22.28 Act. 23. ● 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 2. The same Spirit saith Thou shalt not revile the Gods that is the Judges of the Land nor curse that is in Saint Pauls phrase speake evill of the Ruler of the people and what can be more evill then to bely his Religion to traduce his Government and to make so faithfull a Christian King as faithlesse as a Cretan which is commonly broached by the Rebels and preached by their seditious teachers 3. To doe no hurt to the King ●●al 105.15 1 ●am 24.4 5. 3. The great Iehovah gives this peremptory charge to all Subjects saying Touch not mine Annointed which is the least indignity that may be and therefore Davids heart smote him when he did but cut off the lap of Saules garment What then can be said for them that draw their swords and shoot their Canons to take away the life of Gods Annointed which is the greatest mischiefe they can doe I believe no distinction can blind the judgement of Almighty God but his revengefull hand will finde them out that so maliciously transgresse his precepts and thinke by their subtilty to escape his punishments 2. What we should doe to honour the King Eccles 8 2. 1. To observe the Kings commands 2. The Scriptures doe positively and plainly command us to shew all honour unto our King For 1. Salomon saith I counsell thee to keepe the Kings commandement or as the phrase imports to observe the mouth of the King that is not onely his written law but also his verball commands and that in regard of the oath of God that is in respect of thy religion or the solemne vow which thou madest at thine initiation and incorporation into Gods Church to obey all the precepts of God whereof this is one to honour and obey the King or else that oath of allegiance and fidelity Et si religio to ●●●litur nullà n●be● cum coelo ratio est Lactant Inst l. 3. c. 10. which thou hast sworne unto thy King in the presence and with the approbation of thy God which certainly will plague all perjurers and take revenge on them that take his name in vaine which is the infallible and therefore most miserable condition of all the perjurod Rebels of this Kingdome For if morall honesty teacheth us to keepe our promises yea though it were to our owne hinderance then much more should Christianity teach us to observe our deliberate and solemne oathes whose violation can beare none other fruit then the heavy censure of Gods fearefull indignation But when the prevalent faction tooke a solemne Oath and Protestation to defend all the Priviledges of Parliament and the Rights of the Subjects How the prevalent Faction of the Parliament forswore themselves and then presently forgetting their oath and forsaking their faith by throwing the Bishops out of the House of Peeres which all men knew to be a singular Priviledge and the House of Lords acknowledged to be the indubitable right of the Bishops and their doctrine being to dispense with all oathes for the furtherance of the cause it is no wonder they falsifie all oathes that they have made unto the King 2. The people said unto Joshuah 2. To obey the Kings commandements Josh 1.18 Whosoever rebelleth against thy commandement and will not hearken to the words of thy mouth in all that thou commandest he shall be put to death surely this was an absolute government and though martiall yet most excellent to keepe the people within the bounds of their obedience for they knew that where rebellion is permitted there can be no good performance of any duty and it may be a good lesson for all the higher powers not to be too clement which is the incouragement of Rebels to most obstinate Trayterous and rebellious Subjects who daring not to stirre under rigid Tyrants doe kicke with their heeles against the most pious Princes and therefore my soule wisheth not out of any desire of bloud but from my love to peace that this rule were well observed Whosoever rebelleth against thy commandement he shall be put to death * Quia in talibus non chedientes mortaliter peccant nisi foret illud quod praecipitur contra praceptum Dei vel in salutis dispendium Angel summa verb. obedientia 3. To give the King no just
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 omne● respull debere leges Hebraerum tanquam ab ipso Deo profectas per consequens omnium optemas ●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 S●zom h●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 h●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 Israe● 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.
and censure him for any thing that he should doe Reason 4 4. Because the testimony of many famous Lawyers justifie the same truth for Bracton saith if the King refuse to do what is just satis erit ei ad paenam quòd Dominum expectet ultonem the Lord will be his avenger which will be punishment enough for him Bracton fol 34. a. b. apud Lincol anno 1301. but of the Kings grants and actions nec privatae personae nec justiciarii debent disputare And Walsingham maketh mention of a Letter written from the Parliament to the Bishop of Rome wherein they say that certum directum Dominium à prima institutione regni Angliae ad Regem pertinuit the certaine and direct Dominion of this Kingdome from the very first institution thereof hath belonged unto the King who by reason of the arbitrary or free preeminence of the royall dignity and custome observed in all ages Ex liberâ praeminentiâ ought not to answer before any Judge either Ecclesiasticall or Secular Ergo neither before the Pope nor Parliament nor Presbyterie 5. Because the constant custome and practice of this Kingdome Reason 5 was ever such that no Parliament at any time sought to censure their King and either to depose him or to punish him for any of all his actions save onely those that were called in the troublesome and irregular times of our unfortunate Princes No legitimate and just Parliament did ever question the Kings of England for their actions and were swayed by those that were the heads of the most powerfull Faction to conclude most horrid and unjustifiable Acts to the very shame of their judiciall authorities as those factious Parliaments in the times of Hen. 3. King John Rich. 2. and Hen. 4. and others whose acts in the judgement of all good authors are not to be drawne into examples when as they deposed their King for those pretended faults whereof not the worst of them but is fairely answered and all 33 of them proved to be no way sufficient to depose him by that excellent Civilian Heningus Arnisaeus Heningus c. 4. p. 93. And therefore seeing the institution of our Kings is not onely by Gods Law but also by our owne Lawes Customes and practice thus agreeable to the Scripture Kings they ought to be as sacred and as inviolable to us as the Kings of Israel were to the Jewes and as reverently honoured and obeyed by us as both the Apostles Saint Peter and Saint Paul advise us to honour and obey the King CHAP. V. Sheweth how the Heathens honoured their Kings how Christ exhibited all due honour unto Heathen and wicked Kings how he carried himselfe before Pilate and how all the good Primitive Christians behaved themselves towards their Heathen persecuting Emperours 2. The Heathens Persa quidem olim aliquid coeleste atque divinum in regilus inesse statuebant Osor de Instit regis l. 4. p. 106. 2. WE finde that not onely the Jewes that were the people of God a royall Priesthood that had the Oracles of God and therefore no wonder that they were so conformable in their obedience to the will of God but the Gentiles also that knew not God knew this by the light of nature that they were bound to yeild all honour unto their Kings For Quintus Curtius tells us that the Persians had such a divine estimation and love unto their King that Alexander could not perswade them either for feare or reward to tell him where their King was gone or to reveale any of his intentions or to doe any other thing that might any wayes prejudice the life Justin l. 4. or the affaires of their King And Justin tells us that the Sicilians did beare so great a respect unto the last Will and Testament of Anaxilaus their deceased King that they disdained not to obey a slave whom he had appointed Regent during the minority of his sonne Herodet l. 8. And Herodotus saith that when Xerxes fled from Greece in a vessell that was so full of men of warre What great respect men in former times did beare unto their kings that it was impossible for him to be saved without casting some part of them into the Sea he said unto them O ye men of Persia let some among you testifie that he hath care of his King whose safety is in your disposition then the Nobility which accompanied him having adored him did cast themselves into the Sea till the vessell was unburthened and the King preserved And I feare these Pagans will rise in judgement to condemne our Nobility that seeke the destruction of their King And the Macedonians had such a reverent opinion of their King that being foyled in warre before they returned againe to the battaile they fetched their cradle wherein their young King lay and set him in the midst of the Campe as supposing that their former misfortune proceeded Justin l. 7. because they neglected to take with them the good augure of their Kings presence And Boemus Aubanus speaking of the Egyptian Kings saith that they have so much good will and love from all men Aubanus de Africa l 1. p. 39. Reges divinos Iove genitos à Iove nutritos Homerus ●esi●dus appellarunt ut non solùm sacerdotibus sed etiam singulis Aegyptiis major regis quàm uxorum filiorúmque aut aliorum principum salutis inesset cura that not onely the Priests but also all the Egyptians have a greater care of the safety of their King then of their wives or children or any other Princes of the Land And the same Author describing the manner how the Tartars create their King saith the Princes Dukes Barons and all the people meet then they place him that is to be their King on a Throne of gold and prostrating themselves upon the ground they cry with an unanimous and loud voyce Rogamus volumus praecipimus ut domineris nobis We entreat you and beseech you to raigne over us and he answereth if you would have this of me it is necessary that you should be obedient to doe whatsoever I shall command you when I call you to come whethersoever I shall send you to goe whomsoever I shall command you to kill to do it immediately without feare and to commit the whole Kingdome into my hands then they doe all answer we are willing to doe all this And then he saith againe therefore from hence-forth oris mei sermo gladius meus erit the word of my mouth shall be the sword of my power then all the people doe applaud him And a little after he saith in ejus manibus seu potestate omnia sunt Aubanus l. 2. p. 141. all things are in his hands and power no man dare say this is mine or that is his no one man may dwell in any part of the Land but in that which is assigned unto him by the King Nomini licet imperatoris
to and intayled upon him in his own hands unclipped and unshaken for when the multitude shall be unbridled and the rights of the Kings are brandished in their hands we shall assuredly tast and I feare in too great a measure as experience now sheweth of those miserable evils which uncontrouled ignorance furious zeale false hypocrisie and the mercilesse cruelty of the giddy-headed people and discontented Peeres shall bring upon us and our Prince But to make it manifest unto the world what power and authority God hath granted unto Kings for the government of the Church and the preservation of his true religion we find them the worst men at all times and in all places that mislike their government The Kings that maintaine true religion make their Kingdoms happy and reject their authority and we see those Churches most happy and those Kingdomes most flourishing which God hath blessed with religious Kings as the State of the Church of Judaea makes it plaine when David Ezechias Josias and the other virtuous Kings restored the religion and purified that service which the idolatry of others their predecessours had corrupted and we know that as Moses * Exod. 14.31 Numb 12.7 8 Deut. 34.5 Josh 1.1 2. so Kings are called the servants of God in a more speciall manner then all others are that is not onely because they serve the Lord in the government of the Common wealth but especially because he vouchsafeth to use their service for the advancement of his Church and the honour of his sonne Christ here on earth or to distribute their duties more particularly we know the Lord expecteth The double service of all Christian Kings and so requireth a double service from every Christian King 1. The one common with all others to serve him as they are his creatures and Christians and therefore to serve him as all other Christians are bound to doe 2. The other proper and peculiar to them alone to serve him as they are Kings and Princes 1. As they are Christians In the first respect they are no more priviledged to offend then other men but they are tyed to the same obedience of Gods Lawes and are obliged to performe as many virtuous actions and to abstaine from all vices as well as any other of their Subjects and if they faile in either point they shall be called to the same account and shall be judged with the same severity as the meanest of their people and therefore Be wise O ye Kings Psal 2.10 be learned ye that are Judges of the earth Serve the Lord in feare and rejoyce unto him with reverence for with God there is no respect of persons Rom. 2.11 Psal 149.8 but if they doe offend he will binde Kings in fetters and their Nobles with linkes of iron and we dare not flatter you to give you the least liberty to neglect the strict service of the great God In the second respect 2. As they are Christian Kings and that is twofold the service of all Christian Kings and Princes hath as I told you before these two parts 1. To protect the true religion and to governe the Church of Christ 2. To preserve peace and to governe the Common-wealth For 1. It is true indeed that the Donatists of old 1. To protect the Church the grand fathers of our new Sectaries were wont to say Quid Imperatori cum Ecclesia what have we to doe with the Emperour Aug. cont lit petil l. 2. or what hath the Emperour to doe with the Church but to this Optatus answereth that Optat. Melivet lib. 3. Ille solito furore accensus in haec verba prorupit Donatus out of his accustomed madnesse burst forth into these mad termes Prima omnium in republ functionum est 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arist l. 7. c. 8. for it is a duty that lyeth upon all Princes because all both Christians and Pagans ought to be religious as I shewed to you before not onely to be devout but also to be the meanes to make all their Subjects so farre as they can to become devoted to Gods service as the practice of those Heathens that had no other guide of their actions then the light of nature doth make it plaine for Aristotle saith Aristot Polit. l. 3. c. 10. that Quae ad Deorum cultum pertinent commissa sunt regibus magistratibus those things that pertaine unto the worship of the gods are committed to the care of Kings and civill Magistrates and whatsoever their religion was as indeed it was but meere Superstition yet because Superstition and Religion hoc habent commune doe this in common Vt faciant animos humiles formidine divum Therefore to make men better the more humble and more dutifull the transgression thereof was deemed worthy to receive punishment among the Pagans and that punishment was appointed by them that had the principall authority to governe the Common-wealth The chief● M●gistrates of the Heathens had the charge of religion as the Athenian Magistrates condemned Socrates though he was a man wiser then themselves yet as they conceived very faulty for his irreligion and derision of their adored gods And Tiberius would set up Christ among the Roman gods though the act added no honour unto Christ without the authority and against the will of the Senate to shew that the care of religion belonged unto the Emperour or chiefe Magistrate and therefore as the Lord commanded the Kings of Israel to write a copie of his Law in a booke Deut. 17 18 19. and to take heed to all the words of that Law for to doe them that is not onely as a private person for so every man was not to write it but as King to reduce others to the obedience thereof so the examples of the best Kings both of Israel and Juda and of the best Christian Emperours doe make this plaine unto us Josh 24 23. for Ioshua caused all Israel to put away the strange gods that were among them The care of the good Kings of the Iewes to preserve the true religion and to incline their hearts unto the Lord God of Israel Manasses after his returne from Babylon tooke away the strange gods and the Idols out of the house of the Lord and cast them all out of the Citie and repaired the Altar of the Lord and commanded Iuda to serve the Lord God of Israel And what shall I say of David whose whole studie was to further the service of God and of Iehosaphat Asa Iosias Ezechias and others that were rare patternes for other Kings for the well government of Gods Church and in the time of the Gospell Quod non tollit praecepta legis sed perficit which takes not away the rules of nature nor the precepts of the Law but rather establisheth the one perfecteth the other because Christ came into the world non ut tolleret jura seculi sed ut
deleret peccata mundi not to take away the rights of the Nations but to satisfie for the sinnes of the world the best Christian Emperours discharged the same duty The care of the good Emperours to preserve the true religion reformed the Church abolished Idolatry punished Heresie and maintained Piety especially Constantine and Theodosius that were most pious Princes and of much vertues and became as the Prophet foretold us Esay 49.23 nursing fathers unto Gods Church for though they are most religious and best in their religion that are religious for conscience sake yet there is a feare from the hand of the Magistrate that is able to restraine those men from many outward evils whom neither conscience nor religion could make honest therefore God committed the principall care of his Church to the Prince and principall Magistrate Who defended th●s truth And this is confirmed and throughly maintained by sundry notable men as Brentius against Asoto Bishop Horne against Fekenham Jewell against Harding and many other learned men that have written against such other Papists and Puritans Anabaptists and Brownists The Papists unawares confesse this truth that have taken upon them to impugne it yea many of the Papists themselves at unawares doe confesse as much for Osorius saith Omne regis officium in religionis sanctissimae rationem conferendum Osortus de relig p. 21. munus ejus est beare rempubl religione pietate all the office of a King is to be conferred or imployed for the regard and benefit of the most holy religion and his whole duty is to blesse or make happy the Common-wealth with religion and piety Quod enim est aliud reipublicae principi munus assignatum quàm ut rempubl florentem atque beatam faciat quod quidem nullo modo sine egregiâ pietatis religionis sanctitate perficitur For though we confesse with Ignatius that no man is equall to the Bishop in causes Ecclesiasticall no not the King himselfe that is in such things as belong to his office as Whitaker saith Whitak resp Camp p. 302. because he onely ought to see to holy things that is the instruction of the people the administration of the Sacraments the use of the keyes of the Kingdome of Heaven and the like matters of great weight and exceeding the Kings authority The Kings authority over Bishops yet Kings are above Bishops in wealth honour power government and majestie and though they may not doe any of the Episcopall duties yet they may and ought lawfully to admonish them of their duties and restraine them from evill 1. Chron. 28.13 2. Chron. 29. 1. Reg. 2.26 and command them diligently to execute their office and if they neglect the same they ought to reprove and punish them as we reade the good Kings of the Jewish Church and the godly Emperours * As Martian apud Binium l. 2. p. 178. Iustinian novil 10. tit 6. Theodos jun. Evagr. l. 1. c. 12. Basil in Concil Constant 8. act 1. Binius tom 3. p. 880. of the Christian Church have ever done and the Bishops themselves in sundry Councels have acknowledged the same power and authority to be due and of right belonging unto them as at Mentz anno 814. and anno 847. apud Binium tom 3. p. 462. 631. At Emerita in Portugall anno 705. Bin. tom 2. p. 1183. and therefore it is an ill consequent to say Princes have no authority to preach Ergo they have no authority to punish those that will not preach or that doe preach false Doctrine This truth is likewise apparent not onely by the testimony of Scripture and Fathers but also by the evidence of plaine reason because the prosperity of that Land which any King doth governe Reason confirmeth that Kings should take care of religion without a principall care of religion decayeth and degenerateth into Warres Dearthes Plagues and Pestilence and abundance of other miseries that are the lamentable effects and consequences of the neglect of religion and contempt of the Ministers of Gods Church which I beleeve is no small cause of these great troubles that we now suffer because our God Psal 35.27 that taketh pleasure in the prosperity of his servants cannot endure that either his service should be neglected or his servants abused CHAP. VII Sheweth the three things necessary for all Kings that would preserve true Religion how the King may attaine to the knowledge of things that pertaine to Religion by his Bishops and Chaplaines and the calling of Synods the unlawfulnesse of the new Synod the Kings power and authority to governe the Church and how both the old and new Disciplinarians and Sectaries rob the King of this power THerefore seeing this should be the greatest care that brings the greatest honour to a Christian Prince to promote the true religion it is requisite that we should consider those things that are most necessary to a Christian King for the religious performance of this duty And they are Three things necessary for a King to preserve the Church and true Religion 1. A will to performe it 2. An understanding to goe about it 3. A power to effect it And these three must be inseparable in the Prince that maintaineth true religion For 1. Our knowledge and our power without a willing minde doth want motion 2. Our will and power without knowledge shall never be able to move right And 3. Our will and knowledge without ability can never prevaile to produce any effect Therefore Kings and Princes ought to labour to be furnished with these three speciall graces The first is a good will to preserve the purity of Gods service 1. A willing minde to do it not onely in his House but also throughout all his Kingdome and this as all other graces are must be acquired by our faithfull prayers and that in a more speciall manner for Kings and Princes then for any other and it is wrought in them by outward instruction and the often predication of Gods Word and the inward inspiration of Gods Spirit The second is knowledge 2. Understanding to kn●w what is to be reformed and what to be retained which is not much lesse necessary then the former because not to runne right is no better then not to runne at all and men were as good to doe nothing as to doe amisse and therefore true knowledge is most requisite for that King that will maintaine true religion and this should be not onely in generall and by others but as much as possible he can in particulars and of himselfe that himselfe might be assured what were fit to be reformed and what warranted to be maintained in Gods service for so Moses commandeth the chiefe Princes to be exercised in Gods Law day and night because this would be a speciall meanes to beatifie or make happy both the Church and Common-wealth The Kings neglect of religion and the Church is the
the King how presumptuous then and injurious unto our King and prejudiciall to the Church of Christ was the faction of this Parliament without the Kings leave and contrary to his command to undertake the nomination of such a packe of Schismaticall Divines for such a Synod as might finally determine such points of faith and discipline as themselves best liked of let all the Christian world that as yet never saw the like president be the Judge and tell us what shall be the religion of that Church where the Devill shall have the power to prompt worldlings to nominate his prime Chaplaines Socinians Brownists Anabaptists and the refuse of all the refractary Clergy The quality of the Synod call men that seeme learned in nothing but in the contradiction of learning and justifying Rebellion against their King and the Church to compose the Articles of our faith and to frame a new government of our Church I am even ashamed that so glorious a Kingdome should ever breed so base a Faction that durst ever presume to be so audacious and I am sorry that I should be so unhappy to live to see such an unparallel'd boldnesse in any Clergy that the like cannot be found in any Ecclesiasticall Historie from the first birth of Christ's Church to this very day unlesse our Sectaries can produce it from some of the Vtopian Kingdomes that are so farre Southward In terra Incognita beyond the Torrid Zone that we whose zeale is not so fiery but are of the colder spirits could not yet perfectly learne the true method of their Anarchicall government or if our Lawyers can shew us the like president that ever Parliament called a Synod contrary to the Kings Proclamation I shall rest beholding to them produce it if they can credat Judaeus apella non ego The third thing requisite to a King for the preservation of true religion and the government of Gods Church 3 An authority and power to guide the Church and to uphold the true religion is power and authority to defend it for though the Prince should be never so religious never so desirous to defend the faith and never so well able in his understanding so well furnished with knowledge to set downe what Service and Ceremonies should be used yet if he hath not power and ability which doe arise from his right and just authority to doe it and to put the same in execution all the rest are but fruitlesse embryoes like those potentials that are never reduced into actions Psal 129.6 or like the grasse upon the house top that withereth before it be plucked up But to let you see that Kings and Princes should have this power and authority in all Ecclesiasticall causes and over all Ecclesiasticall persons we finde that all Ages and all Lawes have warranted them to doe the same 1. Reg. 2.27 35. Jerem. 26. for Solomon displaced Abiathar and placed Zadoc in his roome Jeremy's case was heard by the King of Israel Theodosius and Valentinian made a Decree that all those should be deposed which were infected with the impiety of Nestorius How all Kings and Emperours exercised this power over the Church and Justinian deposed Sylverius and Vigilius and many other Kings and Emperours did the like and not onely the Law of God whereof the King is the prime keeper and the keeper of both Tables but also the Statutes of our Land doe give unto our King the nomination of Bishops and some other elective dignities in the Church the custody of the Bishops Temporalties during the vacation the Patronage Paramount or right to present by the last lapse and many other furtherances and preservatives of religion are in terminis terminantibus deputed by our Lawes unto the King and for his care and charge thereof they have setled upon him our first fruits Tenths Subsidies and all other contributions of the Ecclesiasticall persons which the Pope received while he usurped the government of this Church these things being due to him that had the supreme power for the government And therefore seeing the examples of all good Kings in the Old Testament and of the Christian Kings and Emperours in the New Testament and all Lawes both of God and man excepting those Lawes of the Pontificials that are made against the Law of God and all Divines excepting the Iesuites and their sworne Brethren the Presbyterians do most justly ascribe this right and power unto Kings Cass●● de ●●ca●● l. 1. ● ● I may truly say with Cassianus that there is no place of audience left for them by whom obedience is not yeilded to that which all have agreed upon nor any excuse for those Subjects that assist not their Soveraigne to inable him to discharge this great charge that is laid upon him What then shall we say to them that pull this power and teare this prerogative out of the Kings hand and place it in the hands of mad men P●l 65.7 How th● Disciplir 〈◊〉 the King of this right as the Prophet epithets the madnesse of the people for that furious Knox belcheth forth this unsavory Doctrine That the Commonalty may lawfully require of their King to have true Preachers and if he be negligent they themselves may justly provide them Knox to the Commonalty fol. 49 50 5● maintaine them defend them against all that oppose them and detaine the profits of the Church Livings from the other sort of Ministers a point fully practised by the English Scotizers of these dayes and as if this Doctrine were not seditious enough and abundantly sufficient to move Rebellion Goodman publisheth that horrible tenet unto the world that it is lawfull to kill wicked Kings which most dangerous and more damnable Doctrine Deane Whittingham affirmeth to be the tenet of the best and most learned of them that were our Disciplinarians What true religion teacheth us But when as true religion doth command us to obey our Kings whatsoever their religion is aut agendo aut patiendo either in suffering with patience whatsoever they doe impose or in doing with obedience whatsoever they doe command Religion can be no warrant for those actions which must remaine as the everlasting blemishes of that religion which either commanded or approved of their doing I am sure all wise men will detest these Doctrines of Devils and seeing it is an infallible rule that good deserveth then to be accounted evill when it ceaseth to be well done it is apparent that it is no more lawfull for private and inferiour persons to usurpe the Princes power and violently to remove Idolatry or to cause any reformation then it is for the Church of Rome by invasion or treason to establish the Doctrine of that See in this or any other forraigne Kingdome because both are performed by the like usurped authority Yet these were the opinions and practises of former times The old Disciplinarians when Buchanan Knox Cartwright Goodman Gilby Penry Fenner
Martyn Travers Throgmorton Philips Nicholls and the rest of those introducers of Out-landish and Genevian Discipline first broached these uncouth and unsufferable tenets in our Land in the Realme of England and Scotland and truely if their opinions had not dispersed themselves like poyson throughout all the veines of this Kingdome and infected many of our Nobility and as many of the greatest Cities of this Kingdome as it appeareth by this late unparall●'d rebellion these and the rest of the trayterous authors of those unsavory bookes which they published and those damnable tenets which they most ignorantly held and maliciously taught unto the people should have slept in silence their hallowed and sanctified Treason should have remained untouched and their memoriall should have perished with them But seeing as Saint Chrysostome saith of the Heretiques of his time that although in age they were younger yet in malice they were equall to the ancient Heretiques and as the brood of Serpents though they are of lesse stature Our rebellious Sectaries farre worse then all the former Disciplinarians yet in their poyson no lesse dangerous then their dammes so no more have our new Sectaries our upstart Anabaptists any lesse wickednesse then their first begetters nay we finde it true that as the Poët saith Aetas parentum pejor avis Tulit nos nequiores These young cubbes prove worse then the old foxes for if you compare the whelpes with the wolves our latter Schismatickes with their former Masters I doubt not but you shall finde lesse learning and more villany lesse honesty and more subtilty hypocrisie and treachery in Doctor Burges Master Marshall ●●se Goodwin Burrowes Calamy Perne Hill Cheynell and the rest of our giddy-headed Incendiaries then can be found in all the seditious Pamphlets of the former Disciplinarians or of them that were hanged as Penry for their treasons for these men doe not onely as Sidonius saith of the like apertè invidere 〈…〉 ●p●s● abjectè fingere serviliter superbiro openly envy the state of the Bishops basely forge lyes against them and servilely swell with the pride of their owne conceited sanctity and app●●●ut ignorance but they have also most impudently even 〈◊〉 their Pulpits slandered the footsteps of Gods Annointed and to brought the abhomination of their transgression to stand in the holy place they have with Achan troubled Israel and tormented the whole Land yea these three Kingdomes England Scotland and Ireland and for inciting provoking and incouraging simple ignorant poore discontented and seditious Sectaries For which their intolerable villanies if I be not deceived in my judgement they of all others and above all the Rebels in the Kingdome deserve the greatest and severest punishment God of Heaven give them the grace to repent to be Rebels and Traytors against their owne most gracious King they have not onely with Jerusalem justified Samaria Sodome and Gomorrah but they have justified all the Samaritanes all the Sodomites all the Schismaticks Hereticks Rebels and Traytors Papists and Atheists and all that went before them Iudas himselfe in many circumstances not excepted and that which makes their doings the more evill and the more exceedingly wicked is that they make religion to be the warrant for their evill doings the packe-horse to carry and the cloake to cover all their treacheries and thereby they drew the greater multitudes of poore Zelots to be their followers And therefore seeing it is not onely the honour but also the duty as of all other Kings so likewise of our King to be as the Princes of our Land are justly stiled the Defenders of the Faith and that not onely in regard of enemies abroad but also in respect of those farre worse enemies which desire alteration at home it behoves the King to looke to these home-bred enemies of the Church and seeing the King though never so willing for his piety and religion What Gods faithfull servants and the Kings loyall Subjects must doe in these times 1. To justifie the Kings right never so able for his knowledge and understanding yet without strength and power to effect what he desires cannot defend the faith and maintaine the true religion from the violence of Sectaries and Traytors within his Kingdome it behoves us all to doe these two things 1. To justifie the Kings 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 his authority and right to be the supreame governour and defender of the Church and of Gods true religion and service both in respect of Doctrine and Discipline and that none else Pope or Parliament hath any power at all herein but what they have derivatively from him which I hope we have sufficiently proved 2. 2 To assist Him against the Rebels To submit our selves unto our King and to adde our strength force and power to inable his power to discharge this duty against all the Innovators of our religion and the enemies of our peace for the honour of God and the happinesse of this Church and Common-wealth for that power which is called the Kings power and is granted and given to him of God is not onely that heroicke vertue of fortitude which God planteth in the hearts of most noble Princes as he hath most graciously done it in abundant measure in our most gracious King but it is the collected and united power and strength of all his Subjects which the Lord hath commanded us to joyne and submit it for the assistance of the Kings power against all those that shall oppose it and if we refuse or neglect the same then questionlesse whatsoever mischiefe idolatry barbarity or superstition shall take root in the Church and whatsoever oppression and wickednesse shall impaire the Common-wealth Heaven will free His Majestie and the wrath of God in no small measure must undoubtedly light upon us and our posterity even as Debora saith of them that refused to assist Barac against his enemies Curse ye Meroz Judg. 5.23 curse bitterly the Inhabitants thereof because they came not forth to helpe the Lord against the mighty CHAP. VIII Sheweth it is the right of Kings to make Ecclesiasticall Lawes and Canons proved by many authorities and examples that the good Kings and Emperours made such Lawes by the advice of their Bishops and Clergie and not of their Lay Counsellors how our late Canons came to be annulled that it is the Kings right to admit his Bishops and Prelates to be of his Councell and to delegate secular authority or civill jurisdiction unto them proved by the examples of the Heathens Jewes and Christians OUt of all this that hath been spoken it is more then manifest that the King ought to have the supreme power over Gods Church and the government thereof and the greatest care to preserve true religion throughout all his Dominions this is his duty and this is his honour that God hath committed not a people but his people and the members of his Son under his charge For the performance of which charge it is
and deporment in it yet it may be so with you 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as it is with the sonne of man whom no man can exceed in humility and yet in his greatest humility he saith ye call me 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Master and Lord 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and ye say well for so I am Iohn 13.13 And therefore he forbad not this title no otherwise then he forbad them to be called Fathers Doctors and Masters and I hope you will confesse he doth not inhibit the Children to call them Fathers that begat them nor forbid us to call them Doctors unto whom the Lord himselfe hath given the name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of Doctors in his Church Ephe. 4.11 otherwise we must know why S. Paul doth call himselfe the Doctor of the Gentiles 1 Tim. 2.7 and why doth the Law command us to honour our Father and our Mother if we may call no man Father But Christ comming not to diminish the power of Princes nor to make it unlawfull for Christian Kings to honour his servants which the heathen Princes did to the servants of God as Nebucchadnezzar preferred Daniel among the Babylonians and Darius advanced Mordecai among the Persians nor to deny that honour unto his sevants which their owne honest demerits and the bounty of their gracious Princes do confer upon them What Christ forbiddeth to his Ministers it is apparent that it is not the condition of these names but the ambition of these titles and the abuse of their authourity is forbidden by our Saviour Christ For as Elias and Elizaeus in the old Test suffered themselves with no breach of humility to be called Lords 3. Reg. 18.1 as where Abdias a great officer of King Ahab sayeth art not thou my Lord Elias the Shunamite called Elizaeus Lord. 4. Reg. 4.16 So in the new Test Paul and Barnabas that rent their cloathes when the people ascribed unto them more then humane honour yet refused not the name of Lords Act. 16.30 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 when it was given them by the keeper of the prison that said Lords what shall I do to be saved which title certainly they would never have indured if this honour might not be yeelded and this title received by the Ministers of the Gospell S. Peter tels us that Christian women if they imitate Sarah that obeyed Abraham * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whom he propoundeth to them as a patterne may and should call their husbands though meane mechanicks Lords or else he proposeth this example to no purpose and therefore me thinkes they should be ashamed to thinke this honour may be afforded to poore Trades-men and to deny it to those eminent pillars and cheife governours of Gods Church And as the Script gives not onely others the like eminent and more significant titles of honour unto the governours of the Church as when it saith they are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 presidents 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 rulers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Princes as where the Psalmist sayth in steed of thy Fathers thou shalt have children whom thou mayest make Princes in all lands Origen ho. 19. in Math Hier. in Psal 45.16 which the best interpreters do expound of the Apostles and Bishops that are called the Princes of Gods Church but also giveth and alloweth this very title of Lord unto them as I shewed before so the fathers of the Primitive Church did usually ascribe the same one to another as S. Hierome writing to S. Aug. saith Domine verè sancte Sozom. lib. 3. c. 23. and the Letters sent to Julius Bishop of Rome had their superscription 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to our most blessed Lord. And Nazian sayeth Nazian in ep ad gr Nyssen let no man speak any untruth of me nor 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the Lords the Bishops and in all antiquity as Theodoret sheweth Theodor. l. 1. c. 4. 5. l. c. 9. this title of Lord is most frequently ascribed unto the Bishops S. Chrysostome in Psal 13. as he is cited by Baronius Anno 58. n. 2. sayeth that Hereticks have learned of the Devill to deny the due titles of honour unto their Bishops neither is it strange that he which would have no Bishops should deny all honour unto the Bishops but they can be contented to transferre this honour though to cover their hypocrisie in another title that shall be as Emperor instead of King from the Episcopacie to the Presbytery so that indeed it is not the honour which they hate but the Persons of the Bishops that are honoured Therefore though for mine owne perticular I do so much undervalue the vanity of all titles that were it not the duty of the people to give it more then the desire of the Bishops to have it I should have spared all this discourse yet seeing it is the right of Kings to bestow honors and it is an argument of their love to Christ to honour them that honour God to magnifie the order of their Religion and to account the chiefe Ministers of the Gospell among the chiefe States of the Land I could not passe it over in silence but shew you how it belongs to him to give this honour to whom he will and because this dignity cannot be given to all that are in the same order it is wisely provided by the King that the whole order or Ministry should be honoured in those few The whole order honoured in few whose learning and wisedome he hath had most use and experience of or is otherwise well informed thereof and it is no small wonder unto me that any learned man should be so blinded with this error as any wayes to oppose this truth or that any Christian should be like the sons of Jacob so transported with envy when they see any of their brethren made more honourable then themselves for they ought to thinke themselves honoured in the honour of their brethren but that pride is such a beast that thinketh himselfe the most worthy and envy is such a monster that cannot endure any happinesse to any other When the Lord Bishops are downe the Lords Te●por●ll shall not continue long for as Geneva put away their Bishop th●t Prince so the Cantons and Switzers put away all Lords A just judgement of God that they which will have no s●irituall Lords should not be any temporall Lords but should be as little regarded by their creatures as th●y regard the serv●nts of their Creator And that which makes me wonder most of all is to see those Lords whose honours scarce saw the age of a man and some pretending great loyalty to His Majestie and wishing happinesse to His Posterity so farre yeilding to the mis-guided Faction to darken the glory of Gods Church and to undervalue Christs Ministers as to obliterate that dignity and rase out those titles which are inherent to the Ministrie from the foundation of
people God is the governour and Kings are but Gods instruments Psal 77.20 for Kings are but Gods instruments and God himselfe is the ruler of his people even as the same King David sheweth saying still to God Tu deduicisti populum tuum Thou leadest thy people like sheep by the hands of Moses and Aaron God was the leader and they were but the hands by which he led them for where God hath not a hand in the government of the people it is impossible for the best and most politique heads to doe it and this Solomon knew ●ull well when God bade him aske what he should give him and he said Thou hast made me King he doth not say the people hath made me and I know not how to goe out or in that is to governe them 1 Reg. 3.7.9 therefore I pray thee give thy servant an understanding heart to judge thy people that I may discerne betweene good and bad for who is able to judge this thy so great a people that is what one man is able to governe an innumerous multitude of men Thou therefore must be the governour and I am but thine instrument and that I may be a fit instrument to doe thy worke I desire thee to give me a docible heart Wherefore O you Subjects without obedience They that reject their King reject God and you Divines without Divinity how dare you put any instruments into Gods hands and refuse nay reject the instrument that he chuseth for the performance of his owne worke to rule the people you may as well refuse God himselfe even as God saith unto Samuel They have not rejected thee 1 Sam. 8.7 but they have rejected me so you that doe rebell and cast away your King that God hath chosen as his hand to guide you 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Luke 10.16 and his instrument to governe you I pronounce it to all the world you have rebelled against God and you have cast away your God for the rule of Christ must stand infallible he that rejecteth or despiseth him that is sent rejecteth him that sent him 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 the two chiefe parts of the regall government the foure properties of a just Warre and how the Parliamentary Faction transgresse in every property 3. SEeing it is so hard and difficult a matter 3. The assistance that God alloweth unto Kings to helpe them in their government of two sorts ars artium guberuare populum the Mistresse of all Sciences and the most dangerous of all faculties to governe the people that Saturninus said truly to them that put on his Kingly ornaments they knew not what an evill it was to rule because of the many dangers that hang over the rulers heads which under the seeming shew of a Crowne of gold doe weare indeed a Crowne of thornes therefore ut rarò eminentes viros non magnis adjutoribus ad gubernandam fortunam suam usus invenies saith Paterculus as great men of a wealthy and vast estate are seldome without great counsell to assist them to governe and to dispose of that great fortune so Kings having a great charge laid upon them are not onely permitted but advised and counselled by God to have 1. Wise Counellors 1. Faithfull and wise Counsellors to direct them 2. Subordinate Magistrates to assist them in the government of the people Tacit. annal lib. 2. 1. Tacitus as I said before saith There cannot be an argument of greater wisedome in a Prince nor any thing of greater safety to the Common-wealth then for him to make choyce of a wise and religious Counsell because the most waighty labours of the Prince doe stand in need of the greatest helpes therefore Agamemnon had his Nestor and Chalcas ●●s Hali. ● ●ib 2. Augustus had Mecoenas and Agrippa two wise Counsellors to direct him in all his affaires David had Nathan Gad Achitophell and Hushai and Nebuchadnezzar had Daniel Shadrac Meshac and Abednego and so all other Kings in all Nations do chuse the wisest men that they conceive to be their Counsellors ● Subordinate Magistrates 2. For subordinate Magistrates Jethro's counsell unto Moses and Moses hearkning unto him as to a wise and faithfull Counsellor makes it plaine how necessary it is for the supreme Magistrate to chuse such assistants as may beare with him some part of the great burthen of government Thus farre it is agreed upon on all sides but the difference betwixt us and our new State-Divines consisteth in these two points A twofold difference 1. About the choice 2. About the power of these officers For 1. About the choice of inferiour Magistrates and Officers 1. We say that by the Law of nature every master hath right to chuse his owne servants this is Lex gentium ever practiced among all Nations why then should not the King make choice of his owne Counsellors and Servants they will say because he is the servant of the Common-wealth But how is that I hope none otherwise then the Minister is the servant of the Church 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 2. Cor. 4.5 for Christ his sake and shall he therefore that is your King lose the priviledges of a common Subject Besides hath not God committed the charge of his people into the Kings hand Exod. 18. ●1 and will he not require an accompt of him of their government how then shall he give an account to God when the government is taken out of his hands and subordinate officers and servants put upon him I am sure when the 70 grand Senators of Israel the great Sanhedrim of the Jewes were to be chosen Jethro saith unto Moses Thou shalt provide out of the people able men marke I pray you thou and not the people shalt provide them neither shall you find it otherwise in any Historie Pharaoh and not his people Gen. 41.41 made Joseph ruler over all the land of Egypt Nebuchadnezzar and not his people made Daniel ruler over the whole Province of Babylon Dan. 2.48 and Darius set over his Kingdome a hundred and twenty Princes Cap. 6.1 2. and made Daniel the first of the three presidents that were over all these And what shall I say of Ahashuerus All Kings chuse their owne Officers and all other Kings Heathens Jewes or Christians that ever kept this power to chuse their owne servants Counsellors and Officers except they were infant Kings in their nonage and so not able to chuse them But you will say that our Histories tell you how Rich. 2. Ob. Edw. 2. and others of our Kings had their Officers appointed and themselves committed unto Guardians by the Parliament therefore why may not
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 ●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 2● 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 th● 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
have decreed the said Statute to bee void c. So I hope our Earles and Barons and the rest will be so wise and so just both to the King and to the Church that seeing this Statute proceeded not of the Kings free will as I beleeve their owne conscience knoweth and doe presume His Majestie will acknowledge they likewise will consent that the King may make it void againe §. 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 ANd here I must further crave leave to be resolved in certaine Quaeres and doubts wherein I would very gladly be satisfied for seeing as I told you before there are some rights of royalty which are inseperabilia à majestate which the King ought not and which indeed he cannot grant away as there be some things which he may forgoe though he need not I demand 1. Whether any positive Act Statute or Law that is either Quare 1 ex diametro or ex obliquo either directly or by consequent or any other way contradictory or transgressive to the Law of God ought to be kept and observed wherein I believe and constantly maintaine that it ought not and I say further that by the Word of God not any Lay men be they never so noble never so learned and never so many but the Clergy be they never so poore and never so much dis-esteemed ought to be the resolvers of this point what is repugnant and what consonant to the Law of God Malach. 2.7 because the Priests lips must preserve knowledge and the people must seeke the Law at his mouth therefore it may be conceived no Statute can be rightly made that is not assented to and approved as all our former Statutes were by the Bishops that are the chiefest of the Clergy to be no wayes contrary to the Law of God 2. Whether the King that is an absolute Monarch to whom Quare 2 God hath committed the charge and government of his people can without offence to God change this forme of government from a Monarchicall to an Aristocraticall or a Democraticall forme of government which may be believed he cannot because though as I shewed out of Saint Augustine the worser forme invented by man may lawfully be changed into a better yet the best which is onely and primarily ordained by God cannot be changed into a worser without offence Quare 3 3. Whether the King can passe away that power authority and right which God hath given him and without which he cannot governe and protect his people that God hath committed under his charge wherein it may be conceived he cannot because God must discharge him from the charge that he imposed upon him before he can be freed and excused from it but as the Bishop on whom the Lord hath laid the charge of soules cannot lay aside this charge when he pleaseth so no more can the King lay aside the charge of the government nor part with that power and right * Otherwise then by substitution Rege absente durante beneplacito or quamdiu se benè gesser●nt sub stituti whereby he is inabled to governe them and without which he cannot governe them untill God that laid this charge upon him and gave him full power and authority to doe it by some undenyable dispensation gives him his Writ of ease to discharge him 4. Whether such an Act or Statute which disinableth any King to dissolve his Dyet Councell Assembly or Parliament Quare 4 and inableth some subtle faction of his Subjects in some sort to countermand their King be not derogatory to the inseperable right of Majestie destructive to the power of government and prejudiciall to all the loyall Subjects and therefore void of it selfe The Act for the indissolubility of any Parliament beleeved by many to be of it selfe void and not to be observed because such an act ought not to have beene concluded wherein I leave the resolution to be determined by the Judges and the Bishops of this Land and I will onely crave leave to set downe what may be thought herein viz. that such an Act or Statute is clearely and absolutely void Reason 1 1. Because that hereby the King may be said after a sort and in some kinde to change the fundamentall constitution and government of his Kingdome from an absolute Monarchie to another species and forme of government either Aristocraticall or Democraticall or some other forme emergent out of all these such as we know not how to terme it and such as was never knowne from the beginning of the world a mixture indeed which I told you before no absolute King can be thought to doe without offence unlesse he can prove his licence from God to doe the same 2. Because that hereby he may be said to denude himselfe of Reason 2 his right and by depriving himselfe of this power to disinable himselfe to discharge that duty which God doth necessarily require at his hands that is to governe his people by protecting the innocent and punishing the wrong doer and when God shall call the King to an account why he did not thus governe his people and defend those poore Subjects that were loyall and faithfull both to God and their King according to the charge that he laid upon him and the right and power which he gave him to discharge it It may be feared it will be no sufficient answer for any King to say but I have so laid away that power and parted with that right unto my Lords and Commons that I could not doe it for it may be asked where doth God require him or when did he authorize him to divest himselfe of that authority wherewith he indued him how then can he doe it to the undoing of many people without an assured leave from God therefore as that Act which was made unrepealable was adjudged no Act but immediately void because it was destructive to the very power of Parliament * Which may repeale their owne Acts but not destroy their just power nor themselves as it seemes the the Act of excluding the Bishops doth and takes away as it were the soule of the Parliament and if any act should be made to destroy common right or to hinder the publique service of God or to disinable the right heire to injoy the Crowne or the like those Acts are void of themselves so any Statute that disinableth the Kings government must needs be void ipso facto as I have partly shewed in my Discovery of Mysteries p. 32. 3. Because it may be believed no King would ever grant such an Act unlesse he were either subtilly deceived and seduced or forcibly compelled thereunto for feare of some inavoidable extremity which according to all outward appearance Reason 3 could not otherwise be
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 ●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 thē 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
not to Princes unlesse they will stain their names for as Apollonius saith that gold which is taken by Tyranny is farre baser then any iron because it is wetted with the teares of the poor Subjects and therefore Peter de la Primauday saith they are unworthy of the title of Prince that lending their eares to such as invent new wayes to get monies from their Subiects and having against all humanity Pet. de la primauday cap. 60. p. 670. spoyled them of their goods do either miserably consume them upon their pleasures or prodigally bestow them upon undeserving flatterers that fat themselves by the overthrow of others And therefore it behoveth all Kings to consider that all mens goods are theirs only quoad tuitionem defentionem and their Subjects quoad possessionem proprietatem as you may see Gen. 47.46 where Ioseph bought all the Land of the Egyptians for King Pharaoh and then let it them againe in Fee farme to give the King the fift part of the fruit of it and as you may conclude it from the eight Commandement which saith as well to the King as to the Subject thou shalt not steale for if all be his he cannot be said to steale it and if this precept concernes not Kings then have they but nine Commandements and therefore be wise ô ye Kings and remember what Saint Augustine saith remota justitia quid sunt Regna nisi Latrocinia for though you may iustly demand Tribute and Taxes yet you must have iust occasions to use them and you must take but a iust proportion or else they may come uniustly unto you But who shall be the Judges of the Kings iust occasions in many Kingdoms his conscience as the Roman consuls imposed what taxes they thought meet upon the Provinces they subdued so Marc. Antonius being in Asia doubled their Taxe and laid a second charge upon the People which was very unreasonable The saying of Hebreas to M. Antonius as Hebreas told him saying if thou wilt have power to lay upon us two taxes in one yeare thou must have also power to give us two Summers and two Autumnes two Harvests and two Vintages and yet if our King doe thus unreasonably taxe us with more then we are able to beare we may reason with him Kings herein not to be resisted as Hebreas did with M. Antony refell his arguments and repell his oppressions according to the course of Law but we may not in any case with the Sword make any resistance either actuall or habituall against him Reason 1 1. Because God hath not made us Judges of the Kings occasions and we know not his necessities and therefore we cannot determine what is Iust and uniust Reason 2 2. Were it granted that the superior demanded without right yet the inferior not only may rightly render it without offence unto his conscience but also ought to pay it without resistance unto the Magistrate for if the Iewes were not free and the Romans had no right to demand Tribute of them yet by our Saviours question unto S. Peter and his replication unto the Apostles answer it is apparent that our Saviour was most free and was no way bound to pay any thing unto the Romans not only quà deus as Hesselius saith but also as he was a man Hesselius in Matth. 18. Barrad 10 2. l. 10. c. 32. p. 718. as Barradius more truly proveth yet lest he should offend them as he saith tributum solvit quia voluit he doth most willingly discharge it to teach us that we may and ought iustly and without any scruple of conscience pay that which may be uniustly demanded and the best Authors that I have read are of the same judgement Greg. Tholos l. 26. de repub c 5. n. 25. we have no other remedy but to cry to God who can iudge them for their iniustice non caret modis quibus possit quando voluerit huiusmodi principes tollere vel emendare But though in most of the Easterne Countries the Kings imposed upon their Subjects what taxes and tributes pleased themselves as Augustus taxed all the world as much as he would at his own pleasure Osor de rebus Emanuel l. 12. p. 386. and Charles the fifth saith Osorius praeter pecunias quibus illum hispani juverant immania tributa populis imperavit besides those monyes wherewith the Spaniards assisted him laid most heavy taxes upon the people which is indeed a branch of the absolute right of Kings and was originally practised by most of them yet here with us our Kings out of grace and favour unto their people What the Kings of England promised to their Subjects granted such a priviledge unto their Subjects and divested themselves of this right to lay no impositions or taxes upon their Subjects without the consent of their three States convened in the two Houses of Parliament and this Princely concession being truly observed may procure a great deale of love and peace unto the King and as much tranquillity and happinesse unto the people Neither doe I think that he loves his King but am sure that he hates his Countrey that would perswade him for all the wealth of the Kingdome to violate his owne grant and faith herein but as our Kings granted this favour to impose no taxes without the consent of his Parliament so his Parliament in all duty ought alwayes with all thankfulnesse to acknowledge this speciall grace and in requitall thereof most fully to supply his wants and support his necessities That we should not be nigg●rds to assist our King whensoever he acquaints them therewith And therefore we ought not to be like those hide-bound Sectaries and close-fisted Puritans and Brownists that are so miserably covetous and extreame niggards that when the King makes knowne his wants and demands his due for it is still his due though he granted not to cesse it without their consent for his royall supportation and the safety of his Kingdome they will find a hundred excuses to deny him but never a penny to give him out of all their wealth and this is the cause of our misery and may prove as fatall to us as it hath been to the Constantinopolitans whose churlishnesse and niggardlinesse towards their Emperour was the chiefest cause of the losse of that great Empire and to make the Turke sit in Christ his Chaire to have Mahomet adored where the Gospell was formerly published How Constant was lost what the Turke then said by as many famous Fathers as now England hath Preachers for the Emperour foreseeing the Siege made many motions for contributions towards the repairing of the walles and continue the military charge but the Subjects drew back and pleaded want untill it was too late and the City lost for though the enemy having a long time besieged it was intended to give over the Siege and to be gone yet tydings and intelligence being given him that
that they destroy all images and are just such as the Prophet David speakes of which have done evill in Gods Sanctuary and have broken downe all the carved worke thereof with axes and hammers that have set fire upon his holy places and have defiled the dwelling place of Gods name even unto the ground for it is almost incredible how barbarously worse then any Turkes or Jewes they have broken down those rare and sweet instruments of Musick the Organs of our Churches and have defaced those excellent pieces of worke that to the honour of God were made and set up in the windowes of our Churches in Canterbury Winchester Lincolne and the other Cathedrals by the best Artists in Christendome which is a most horrible fact no wayes commanded in this precept and an irreparable losse to us and our posterity and therefore the Prophet David calleth these defacers of such carved and painted workes set up in his house the adversaryes and enemies of God vers 4 and 5. vers 11. foolish people vers 19 and 23. the haters of God vers 24. and the blasphemers of his name vers 11. for none but such would have done such Prophanations as is done in Gods house but let them take heed lest the Prophets prayer should light upon them lift up thy feete O God that thou mayest utterly destroy every one of these enemies which hath done this evill in thy Sanctuary 3. For swearing not vainely but falsly most wickedly Ps 74. v. 4. 3. How they forswear themselves 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Menand perjurium est nequiter decipere credentem Aug. 4 How they prophaned the Sabboth and for-swearing themselves over and over againe and againe and having more dispensations and absolutions for their perjuries by their holy Prophets then ever the Popes gave for adulteries it is incredible to thinke and impossible to number the heads of these transgressions and therefore if you beleive that God was in earnest when he gave this precept you may be assured he will not hold them guiltlesse that are such transgressors of it 4. For the day wherein we should serve our God in his Church most reverently some of them worship him more unmannerly then some of those blinde Indians that worship the Devill himselfe and others of them muster their men plunder their neighbours and murder their brethren which they beleive to be the best way to sanctify the Sabbath and for which resting from their worke thus religiously to serve the Lord let them take heed left God should sweare in his wrath that they shall never enter into his rest 5. How they curse their Fathers and Mothers 5. They curse their Father and their Mother that their dayes may be long in the Land which their pretended Parliament hath promised to give them for the King is the Prince and Principall Father of us all and the Prophet saith of such men they shall curse their King and their God Esay 8.21 and the Bishops are their Fathers too and they have cursed them long agone and I feare they will not cease to curse them till their curses fall upon their owne heads and for all other bonds of duty and relations of Wives unto their Husbands Children unto their Parents Servants unto their Masters they are Preached asunder to make way for the liberty of the Subject to Rebell by authority against his Soveraigne 6. How many they have murdered 6. Whereas God saith thou shalt doe no murder they gave that first commission though they had not the least colour of any authority to give it to kill slay and destroy and it is most lamentable to consider how many thousands they have murdered and how they are thought worthy of the greatest honour and the best reward that have killed most of Gods faithfull servants and the Kings loyall Subjects 1. How they loosened the reins to all lust ho● fonte deri vata clades in patriam populumque fluxit Horat. car l. 3. 7. For adulteries Fornications and all Uncleannesse they may now freely doe it lust may flow like the river whose bankes are broken downe when they have overthrowen those courts of Justice and were never at rest till they had most violently suppressed the power and execution of all Ecclesiasticall censures that were the chiefest barres and hinderances of these unlawfull lusts 8. How they are like Argivi fures 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 8. For stealing they have changed the name but not the nature of it for under the pretence of preserving to us the propriety of our goods they have not stollen but plundered away that is robbed us of all our goods and carried them into those Rebellious Townes that are now the dens of these theeves and are stronger in their wickednesse then the hils of the robbers and that which makes this sinne most sinfull Ps 94.12 is that it is established by a Law 9. They have justified the Cretans 9. How they belyed all sorts of good men Quomodo Deus pater genuit filium veritatem nempe sic diabolus lapsus genuit quasi filium mendaciū Aug. super Ioh. Habac. 2.9 and proved themselves the right bastard sonnes of the father of lyes filling all and every corner of this Kingdome with palpable intolerable and incredible lyes slanders and false witnesse-bearing against God against his Annointed against the Church and against all the reverend governours of the Church all religious Protestants and all the loyall Subjects of this Nation that the Angels doe now blush and the Devils doe laugh and rejoyce to see they are so fruitfull in begetting so many children so perfectly formed and so compleatly perfected in their owne image and likenesse and if ever the saying of Gildas was true they have proved it now Moris continui gentis erat sicut nunc est Gildas de excidio Britan. ut infirma esset ad retundenda hostium tela fortis ad civilia bella infirma inquam ad exequenda pacis ac veritatis insignia fortis ad scelera mendacia 10. They have coveted an evill covetousnesse 10. The extent of their covetousnesse when they coveted all evill unto themselves not onely their neighbours houses goods and lands and all that are theirs but also the patrimonie of the Church the revenues of the Clergy and all the rights and prerogatives of the King to be intayled upon themselves and their faction that so they and theirs might be both Kings and Priests and all not to God but to themselves and their fellow Rebels in the government of this Kingdome And as they have thus transgressed all the old Commandements of the Law How they transgressed the new Commandement of the Gospell Gen. 4.9 so they come no wayes short in transgressing the new Commandement of the Gospell for their love to their brethren is now turned to perfect hatred when they say not with Cain am I my brothers keeper but with Apollyon I will be
the destroyer of my brethren neither will I sell them as the brethren of Joseph did him unto the Egyptians but I will send them if I can possible quicke to hell let those Loyall subjects that have beene unexpectedly murdered and those many many thousands that have beene plundered of all their Estates testifie to the world the love of these men unto their brethren who have felt more cruelty and barbarity and lesse charity from these holy Saints then could be expected from Jewes Turkes and Pagans 23. How they have committed the 7 deadly sins Rom. 6.23 23. Though every sinne deserves the wrath of God as the Apostle saith in generall the reward of sinne is death be it little or be it great yet because some sinnes do more provoke the wrath of God do sooner produce this deadly fruit then other sinnes the Divines have observed 7 speciall sinnes which they terme the 7 deadly sinnes and these also you may finde committed in the highest degree by these factious Rebels For 1. Their Pride Quid juvat ô homines tanto turgescere fastu Nam ut ait Comteus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1. Pride which is an high conceit of a mans owne worth farre beyond his just deserts and therefore beleiving himselfe to be inferiour to none scornes to be subject unto any is the Father that produceth and the nurse that cherisheth all rebellion and our Parliamentary faction together with the Assembly of their Divines thinking themselves holyer then the Saints and wiser then their Brethren have therefore made this unnatarall warre to destroy us all because we will not subscribe with them to destroy both Church and State this is the fruit of pride but the punishment is to be resisted by God who throweth damnation upon their heads because they resist the ordinance of God 2. Their Covetousnesse Sacrilegia minuta puniuntur magna jam in triumphis feruntur Sence ep 87. 2. Pride cannot subsist without meanes therefore covetousnesse must support it and I shewed you before how covetous these rebels are not of any good but of our goods and of our lives that they may enjoy our lands even the lands of the Church that they may take the houses of God in possession which may prove to them like Aurum Tholosanum or as Midas gold that was the destruction of that covetous wretch 3 Their Luxury Certa quidem tantis causa est manifesta ruinis Luxuria nimi um libera facta via est Propert. eleg 11. l. 3. 3. Their luxury and lust must needs proceed from fulnesse and pride and I beleeve it is not unknowne to many how these Rebels spend their time in revelling and feasting chambering and wantonnesse which though never so secretly done by them in the night yet are they publiquely seene in the day and seene to their shame if they could be ashamed of any thing 4. How envy hath possest their soules it is almost beyond all sence to consider it they envy that any man should be King and themselves Subjects that any man should be a Bishop and themselves Priests 4. Their Envy or that any man should be rich and themselves not so wealthy therefore they will needs pull downe what themselves cannot reach unto 5. If Epicurus were now living 5. Their Gluttony and drunkennesse or Sardanapalus came to these mens feasts they might thinke themselves the teachers of sobriety and the masters of abstinency in comparison of these new gulists who make a God of their bellies and fare deliciously every day that they can get it more deliciously then Dives it is incredible to consider what they devoure in delicates and how the Sisters teachers eat more good meat and drinke better wines then the gravest Bishops 6. They are as the Psalmist saith 6. Their wrath and malice wrathfully displeased at us and I know not whether their envy at our happinesse or their wrath and anger that we doe live is the greater yet thankes be to God Vivere nos dices salvos tamen esse negamus And God I hope will preserve us still notwithstanding all their malice 7. For their sloath 7. Their Sloth I was a while musing how these factious rebels could any wayes be guilty of this lazie sinne for as the Devill is never at rest but goeth about continually like a roaring Lion seeking whom he may devoure and he saith Job 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Luke 16.8 he compasseth the earth to and fro so these children of this world being wiser in their generation then the children of light are as diligent as their father they imagine mischiefe upon their beds and are a great deale more watchfull and more painefull to doe evill to serve the Devill to goe to Hell then the faithfull servants of God are to goe to Heaven witnesse all the victories and successes that they had by this warre in the night not by any manhood but by taking the Kings Souldiers carelesse in their beds yet notwithstanding all this diligence to doe wickednesse they are as lazie as any stuggard and as slow as the snayle to any goodnesse they are asleepe in evill and are dead in trespasses and sinnes and cannot be awakened to any service of God 24. 24. How they have grievously committed the foure crying sinnes The Scripture maketh mention of foure crying sinnes that doe continually cry to God for vengeance against the sinners Clamitat ad coelum vex sanguinis Sodomorum Vox oppressorum merces retenta laborum And they are not free from any of these For 1. How they have shed abundance of innocent bloud 1. As the Psalmist speaketh Psal 79.2 3. so they have done and the streames of bloud that since the beginning of this unnaturall warre they have most unjustly caused to be spilt and doe flow like the rivers of waters over the face of this now unhappy Land doe with Abels bloud continually cry against them and cannot chuse but pull downe vengeance upon their heads Psal 9.12 when God shall come to make inquisition for bloud and therefore though Pacem nos poscimus omnes we all cry for peace and the Kings clemency still proclaimeth pardon yet seeing it is God that maketh warres to cease and the Prophet saith how can the sword be quiet seeing the Lord hath given it a charge against Ashkelon Jer. 47.7 as the bloudy sinne of Saul upon the poore Gibeonites never left crying for vengeance untill it was expiated by bloud even by the bloud of seven of his sonnes so I feare me the much bloud that these rebels spilt and the bloud of so many innocents that they caused to be slain can never be expiated and the wrath of God appeased untill an attonement be made by bloud even a judiciarie sentence of death against some of the head rebels for it is the voyce of God that whosoever sheddeth mans bloud that is without due authority by man shall his bloud be
Parliament they being the first of the three Estates of this Kingdome to take away not some but all the Kings rights out of his hands and to make him no King indeed to take away all our goods our liberties and our lives at their pleasure and then to assure the Devill they would be faithfull unto him Holland and Bedford show'd what trust is to be given them which were thus faithlesse unto God to sweare againe and make a solemne Covenant with Hell they would never repent them of their wickednesse but continue constant in his service till they have rooted out whom they deemed to be Malignants though the King who is wise as the Angell of God that hath the Kings heart in his hand and turneth it like the rivers of waters Proverb 21.1 where he pleaseth knoweth best what to doe as God directeth him yet for mine owne part No trust to be given to lyers and perjurers 2 Sam. 20.20 16. either in peace or warre I would never trust such faithlesse perjured creatures for a straw and seeing that to spare transcendent wickednesse is to increase wickednesse and to incourage others to the like Rebellion upon the like hope of pardon if they fayled of their intention if our great Metropolis of London partake not rather of the wise spirit of the men of Abel then of the obstinacy of the men of Gibe●h and deliver not unto the King the chiefe of those rebells that rose up against him I feare that Gods wrath will not be turned away Judg. 20. but his hand will be stretched out still untill he hath fulfilled his determined visitation upon this Land and consummated all with their deplorable destruction How the King desired the good of the Rebels even as he did those obstinate men of Gibeah and Benjamin for though the King beyond the clemency of a man and the expectation of any rebell hath most christianly laboured that they would accept of their pardon and save themselves and their posterity yet their wickednesse being so exceeding great beyond all that I can finde in any history rebellion it selfe being like the sinne of witchcraft the rebellion of Christians farre worse and a rebellion against a most christian pious Prince worst of all and such a rebellion ingendered by pride fostered by lyes augmented by perjury continued by cruelty refusing all clemencie The unspeakeable greatnesse of their sins despising all piety and contemning God their Saviour when they make him with reverence be it spoken which is so irreverently done by them the very pack-horse to beare all their wickednesse being a degree beyond all degrees of comparison hath so provoked the wrath of God against this Nation that I feare his justice will not suffer their hearts that can not repent to accept and imbrace their owne happinesse till they be purged with the floods of repentant teares or destroyed with the streames of Gods fearfull vengeance which I heartily beseech Almighty God may by the grace of Christ working true repentance in them for themselves and reducing them to the right way be averted from them And the best way that I conceive to avert it to appease Gods wrath and to turne away his judgements from us is H●w we may recover the peace and prosper ty of this land to returne back the same way as we proceeded hitherto to make up the breaches of the Church to restore the Liturgie and the service of our God to its former purity to repeale that Act which is made to the prejudice of the Bishops and Servants of God that they may be reduced to their pristine dignity to recall all Ordinances that are made contrary to Law and derogatory to the Kings right and to be heartily sorry that these unjust Acts and Ordinances were ever done and more sorry that they were not sooner undone and then God will turne his face towards us he will heale the bleeding wounds of our land and he will powre downe his benefits upon us but till we doe these things I doe assure my selfe and I beleeve you shall find it that his wrath shall not be turned away but his hand will be stretched out still and still untill we either doe these things or be destroyed for not doing them Thus it is manifest to all the World that as it was often spoken by our sharpe and eagle sighted Soveraigne King Iames his speech made true by the Rebels King James of ever blessed memory no Bishop no King so now I hope the dull-eyd owle that lodgeth in the desart seeth it verifyed by this Parliament for they had no sooner got out the Bishops but presently they laid violent hands upon the Crowne seized upon the Kings Castles shut him out of all his Townes dispossest him of his owne houses tooke away all his ships detayned all his revenues vilified all his Declarations nullified his Proclamations How the Rebells have unkingd our King hindered his Commmissions imprisoned his faithfull Subjects killed his servants and at Edge-hill and Newbury did all that ever they could to take away his life and now by their last great ordinance for their counterfeit Seale they pronounce all honours pardons grants commissions and whatsoever els His Majestie passeth under his Seale to be invalid void and of none effect and if this be not to make King Charles no King I know not what it is to be a King so they have unkingd him sine strepitu and as the Prophet saith they have set up Kings but not by me they have made Princes and I knew it not but whom have they made Kings even themselves who in one word Hos ● 4 doe and have now exercised all or most of the regall power and their Ordinances shall be as firme as any Statutes and what are they that have thus dis-robed King Charles and exalted themselves like the Pope as if they were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 What kings they would have to rule us the great Antichrist above all that are called Gods truly none other then king Pym king Say king Faction or to say the truth most truly and to call a spade a spade king perjurers king murderers king traytors * Which S. Peter never bade us honour and I am sorry that I should joyne so high an office so sacred a thing as King to such wicked persons as I have shewed them to be And what a royall exchange would the Rebells of this kingdome make just such as the Israelites made The Rebels brave exchange when they turned their glory into the similitude of a Calfe that eateth hay and sayd these be thy Gods ô Israel Psal 146.20 which brought thee out of the land of Aegypt for now after they have changed their lawfull King for unlawfull Tyrants Judg. 9.15 and taken Jothams bramble for the cedar of Lebanon the Devills instruments for Gods annointed they may justly say these be thy Kings ô Londoners ô Rebells that brought
undutifulnesse will needs transferre this right of ruling Gods Church unto a Parliament of Lay-men the King shall be denuded of what God hath given him and the people shall be indued with what God and all good men have ever denyed them I deny not but the Parliament men as they are most noble and worthy Gentlemen so many of them may be very learned and not a few of them most religious and I honour the Parliament rightly discharging their duties Hugo de Sancto Vict. lib. 2. de sacr fid par 2. cap. 3. Laicis Christianis fidelibus terrena possidere conceditur clericis verò tantùm spirituali● committuntur quae autem ill● spiritualia sunt subjicit c. 5. dicent omnis ecclesiastica administratio in tribus consistit in sacramentis in ordinibus in praeceptis Ergo Laici nihil juris habent in legibus praeceptis condendis ecclesiasticit as much as their modesty can desire or their merit deserve neither doe I gain-say but as they are pious men and the greatest Councell of our King so they may propose things and request such and such Lawes to be enacted such abuses to be redressed and such a reformation to be effected as they thinke befitting for Gods Church but for Aarons seed and the Tribe of Levi to be directed and commanded out of the Parliament chaire how to performe the service of the Tabernacle and for Lay men to determine the Articles of faith to make Canons for Church-men to condemne heresies and define verities and to have the chiefe power for the government of Gods Church as our Faction now challengeth and their Preachers ascribe unto them is such a violation of the right of Kings such a derogation to the Clergy and so prejudiciall to the Church of Christ as I never found the like usurpation of this right to the eradication of the true religion in any age for seeing that as the Proverb goeth Quod medicorum est promittunt medici tractant fabrilia fabri what Papist or Athiest will be ever converted to professe that religion which shall be truly what now they alleadge falsely unto us a Parliamentary religion or a religion made by Lay men with the advice of a few that they choose è faece Cleri I must seriously professe what I have often bewayled to see Nadab and Abihu offering strange fires upon Gods Altar to see the sacred offices of the Priests so presumptuously usurped by the Laity and to see the children of the Church nay the servants of the Church to prescribe Lawes unto their Masters and I did ever feare it to be an argument not onely of a corrupted but also of a decaying State when Moses chaire should be set in the Parliament House and the Doctors of the Church should never sit thereon therefore I wish that the Arke may be brought backe from the Philistines and restored to the Priests to be placed in Shilo where it should be and that the care of the Arke which King David undertooke may not be taken out of his hands by his people but that he may have the honour of that service which God hath imposed upon him For 3. Opinion Of the O●thodox Quia religio est ex potioribus reipublica partibus ut a●t Aristot Polit. l. 7. c. 8. ipsa sola custodit hominum inter se societate● ut ait L●ctant de ira Dei cap. 12. Veritura Troia perdidit primum Deos. 3. As nothing is dearer to understanding righteous and religious Kings then the increase and maintenance of true religion and the inlargement of the Church of Christ throughout all their Dominions so they have at all times imployed their studies to this end because it is an infallible maxime even among the Politicians that the prosperity of any Kingdome flourisheth for no longer time then the care of religion and the prosperity of the Church is maintained by them among their people as we see Troy was soone lost when they lost their Palladium so it is the truest signe of a declining and a decaying State to see the Clergy despised and Religion disgraced and therefore the provision for the safety of the Church the publique injoying of the Word of God the forme of Service the manner of Government and the honour and maintenance of the Clergie are all the duties of a most Christian King which the King of Heaven hath imposed upon him for the happinesse and prosperity of his Kingdome and whosoever derive the authority of this charge either in a blinde obedience to the See of Rome as the Jesuites doe or out of their too much zeale and affection to a new Consistory as the late Presbyterians did or to a Lay Parliament as our upstart Anabaptists and Brownists doe are most unjust usurpers of the Kings right which is not onely ascribed unto him and warranted by the Word of God but is also confirmed to the Princes of this Land by severall Acts of Parliament Therefore the Tyrians ch●y●●d their gods lest if they fled th●y should be destroyed to have the supremacie in all causes and over all persons as well in the Ecclesiasticall as in the Civill governement which being so they are exempted thereby from all inforcement of any domesticall or forraigne power and freed from the penalties of all those Lawes both Ecclesiasticall and Civill whereunto all their Subjects Clergy and Laity Q. Curtius de rebus Alexand. Joh. Beda p. 22 23. and all inferiour Persons and the superiour Nobility within their Kingdomes are obliged by our Lawes and Statutes as hereafter I shall more fully declare Therefore it behoveth all Kings and especially our King at this time seriously to consider what prejudice they shall create unto themselves and their just authority if they should yeild themselves inferiour to their Subjects aggregativè or repraesentativè or how you will or liable to the penall Lawes for so they may be soone dethroned by the unstable affection and weake judgement of discontented people or subject to the jurisdiction of Lay Elders and the excommunication of a tyrannous Consistory who denounceing him tanquam Ethnicum Matth. 18.17 may soone adde a stranger shall not raigne over thee Deut. 17.15 and so depose him from all government For seeing all attempts are most violent that have their beginning and strength from zeale unto religion be the same true or false and from the false most of all and those are ever the most dangerous whose ringleaders are most base as the servile warre under Spartacus was most pernicious unto the Romans there can be nothing of greater use or more profitable either for the safety of the King How necessary it is for Kings to retaine their just rights in their hands the peace of the Church and the quiet state of the Kingdome then for the Prince the King to retaine the Militia and to keepe that power and authority which the Lawes of God and of our Land have granted
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 su● 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 neque●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
is not absurd nunquam mori regem that the King never dieth for assoone as ever the one parteth with this life the other immediately without expecting the consem either of Peeres or people doth by a just and plenary right succeed not onely as his fathers heire but as the lawfull governour of the people and as the Lord of the whole Kingdome not by any option of any men but by the condition of his birth and the donation of his God and therefore the resignation of the crowne by King John unto the Pope was but a fiction that could inferre no diminution of the right of his successor because no King can give away this right from him T●ings that the King should not grant whom God hath designed for it And there be some things which no Christian King should grant away as any of those things that being granted may prejudice the Church of God and depresse the glory of the Gospell of Iesus Christ as the giving way for the diminution of the just revenues of the Church the prophanation of things consecrated to Gods service and the suppression of any of the divine callings of the Gospell which are Bishops Preists and Deacons because all Kings are bound to honour God and to hinder all those things whereby he is dishonoured either in respect of things persons or places And there be some things which the Kings of this realme have never granted away Things that Kings have not granted away but have still retained them in their owne hands as inviolable prerogatives and characteristicall Symboles and Properties of their Supremacy and the relicks of their pristine right as in the time of peace those two speciall parts of the government of the Common-wealth which doe consist 1. About the Lawes 1. About the Lawes 2. About the Magistrates The 1. whereof saith Arnisaeus containeth these particulars that is to make Lawes to create Nobility and give titles of dignity to legitimate the ill begotten to grant Priviledges to restore Offenders to their lost repute to pardon the transgressors and the like 1. Ius legislati● vum Iohan. Beda pag. 25. 1. Then it is the right of the King jura dare to give Lawes unto his people for though as I said before the Subjects in Parliament may treat of Lawes and intreat the King to approve of them that they propose unto him yet they are no Lawes and carry with them no binding force till the King gives his consent and therefore out of Parliament The power of making Lawes is in the king you see the Kings Proclamation hath vim et vigorem legis the full force and strength of a law to shew unto us that the power of making lawes was never yeilded out of the Kings hands The case of our affaires pag. 11. Stat. West 1.3 E. 1.3 6. 42. Stat. ef Merch. 13. E. 1. Westm 3.18 E. 1.1 Stat. of Waste 20. E. 1. of appeale 28. E. 1.1 E. 2.1 and all the titles and acts of our Parliaments nor can it indeed be parted with except be part with His Majestie and Soveraignty for the limiting of his owne power by his voluntary concession of such favours unto his people not to make any Lawes without their consent doth no way diminish his Soveraignty or lessen his owne right and authority but as a man that yeildeth himselfe to be bound by some others hath the use of his strength taken from him but none of his naturall strength it selfe is lessened and much lesse is any part of it transferred to them that bound him but that whensoever his bonds are loosened he can worke againe by vertue of his owne naturall strength and not by any received strength from his loosers so the naturall right and interest of the Soveraignty being solely in the King and the Peeres and Commons by the Kings voluntary concession being onely interessed in the office of restraining his power for the more regular working of the true legitimate Soveraignty it cannot be denied but in whatsoever the Peeres and Commons doe remit the restraint by yeilding their consent to the point proposed the King worketh and acteth therein absolutely by the power of his owne inherent Soveraignty and all acts and lawes so passing doe virtually proceed from the King How the same acts may be said to be the acts of the king and of the Parliament as from the true and proper efficient author thereof and may notwithstanding be said to be the acts of the whole Court because the three estates contribute their power of remitting the restraint and yeilding their assent as well as the King useth his unrestrained power And therefore Suarez saith that as condere legem unus est ex praecipu●s actibus gubernationis reipublicae ita praecipuam superiorem requirit potestatem Suarez l. 1. c. 8. n. 8. to make Lawes is one of the cheifest acts of the government of a Common-wealth so it requireth the cheifest and supremest power and authority quae quidem potestas legislativa primariò in Deo est which legislative power is primarily in God and is communicated unto Kings saith he per quandam participationem according to the saying of the wise man Sap● 6. Heare O ye Kings because power is given unto you of the Lord. Aug. in Iohan. tract 6. And Saint Augustine calleth Jura humana jura imperatorū quia ipsa jura humana per imperatores all humane laws are the lawes of Emperors or Kings because they are made by them and the Holy Ghost speaking of the Kings of Judah saith Gen. 49.10 The Scepter shall not depart from Iudah nor a Law giver from betweene his feete to teach us that whosoever swayeth the Scepter hath the right to be the Law-maker which is one of the prime prerogatives of Soveraignty 2. Ius nobilitandi 2. Jus nobilitandi the right of appointing the principall Officers of State to cry up any of all His Subjects whom the King will honour as Pharaoh did Ioseph and Ahasuerus did Haman and Mordecai and to give them titles of honour per codicillos honorarios aut per diplomata sua as to make Dukes Marquesses Barons Knights c. doth belong onely unto the King that hath onely the supreme Majestie But if the Dukes Earles It is the Doctrine of the Anabaptists and Puritans that there should be no Degrees of Schooles nor titles of honour among men and Barons be so plyable to the Puritan faction to put downe the spirituall Lords I doubt that e're long the King shall have but few Nobility when not onely the Mechanicks and Rusticks will all cry out against this Lordlinesse and say as they did in the rebellion of Jacke Cade and Wat Tyler When Adam delv'd and Eve span Who was then the Gentleman And why should we now indure so many titles of vanity and so many vaine honours to vapour it over us but the Puritan Clergy also seeing themselves deprived of