of our abilitie to supply their occasion and necessities even as the children are bound to relieve their parents in their extremities And if we see our Moses our King or chief Governour 3. To hazard our lives for them any wayes impugned or like to be oppressed either by forraign Aegyptians or domestick Israelites though they should be Datqan and Abiram the most prime and popular men in all the Congregation that could draw thousands after them yet are we bound to the hazard of our lives to preserve the Life Crown and Dignity of our Prince as the subjects of King David hazarded themselves to save him harmlesse And if we will not do this 2 Sam. 18.3 then as Mordecai in the like case said to Hester Hester 4.14 If thou altogether holdest thy peace at this time then shall there inlargement and deliverance arise to the Jews from another place but thou and thy fathers house shall be destroyed So I say with King David the Lord will help his Annointed and deliver him from the strivings of his people and if we still be silent and do nothing yet the Starres in their order shall fight against Sisera Et conjurati veniunt ad classica venti and as the Angell of the Lord said of the Merozites The punishment of them that will not assist their Governours Curse ye Meroz curse ye bitterly the Inhabitants thereof because they came not to help Barack against the Canaanites So let them fear a bitter curse and a curse from God that will not help their Prince against his enemies especially such enemies as have least reason to be enemies unto him So you see what obedience we owe unto our Governours and therefore their rebellion was the more intolerable that thus spurned against their Magistrates CHAP. IV. Sheweth the objection of the Rebels to justifie their Rebellion the first part of it answered that neither our compulsion to Idolatry nor any other injury or tyranny should move us to Rebell BUt we must not condemn them before their cause be heard and therefore Corab shall have his Counsell to object what he can for himself And I find but one Objection of any moment though the same consisteth of many branches As The objection of the Rebels What if Moses the King or chief Governour being so much affected and addicted unto Aaron the chief Priest or Bishop and to others his prime Councell should be led by evill advice to set up Idolatry and to play the Tyrant to take away the goods destroy the lives and bring most of his people to most miserable conditions may neither private men nor the subordinate Magistrates nor the prime Nobility of the people nor any other Court or Assembly of men restrain his fury or remove this mischief from Gods inheritance from the Church and Common-wealth This is that Gordian knot which is so hard to be untied Solutio But if I might in the School of Divinity have leave to resolve this question and not to be confuted as Saint Steven was with stony arguments I would soon answer Two Parts of their objection that 1. In neither of these cases 2. Neither of these men may do it and I could make this good by very good authority for Si Magistratus est bonus nutritor est tuus if our Governour be good he is our Nursing-Father and we should receive our nourishment with thanks and no thanks to us for our obedience to such a one And if our Governour be evill he is so for our transgression and we should receive our punishment with patience and therefore no resistance but either obey the good willingly or endure the evill patiently But to proceed to break this Gordian knot in pieces and to answer each part of this Objection 1. Part of their objection answered Not to rebell for any cause 1. Not for our compulsion to Idolatry 1. I say that many wicked Kings and cruel Emperours have set up Idolatry and blasphemy against God and yet I do not find that any of Gods servants did ever rebell against them for you know Jeroboam the son of Nebat that made Israel to sin did set up golden Calves to be worshipped Nebuchadnezzar King of Babylon made an Image of gold and commanded all his people to fall down to worship it And what shall I say of those Idolatrous Kings Achab Manasses Julian and abundance more that most impiously compelled their subjects unto Idolatry and yet you shall not find that either the faithfull Jews under Jeroboam or the Prophet Daniel in Babylon or Elias the man of God in the time of Achab or any of all the good Christians that were under Julian either did themselves or perswaded others of the servants of God at any time to rebell against those Idolatrous Kings for they considered how far the Law of God that prohibiteth Idolatry and instigateth us against the allurers and perswaders of us to Idolatry and blasphemy Deut. 13 6. How far the Law of God extendeth to resist Idolaters extendeth and that is If thy brother the son of thy mother or thy son or thy daughter or the wife of thy bosom or thy friend which is as thine own soul shall intice thee to Idolatry and to serve strange Gods thine eye shall not spare him neither shalt thou have any pitty upon him but for the sonne to rise up against the father the wife against her husband the servant against his Lord the subject against his King here is not a word and therefore by this Law they are not obliged but rather forbidden to do it for though the son is not expressely prohibited to accuse his father nor the wife her husband nor the servant his Lord nor the subject his King yet because Gods Law is absolute and perfect to which we must neither adde nor detract nor construe it as we please the Divines conceive those things forbidden which are not expressed especially in penall precepts which are to be restrained and not extended any further then they are set down as Tostatus doth most truly conclude Tostatus in Deut 13. q. 3. And what the sonne may not do against his father nor the wife against her husband nor the servant against his Lord that certainly no man may do against his King which is the father of his Country the husband of the Common-wealth and the supreme Lord over all his subjects And therefore Christ himself that came to fulfill the Law and knew best how farre it reached living under the Empire of Tiberius the Principality of Herod and the Government of Pilate that were all wicked and idolatrous did notwithstanding submit himself in all things which the Law of God forbad him not unto them and though for strength policy and power he might easily have resisted them The obedience of all his Apostles and prime Christians to Idolatrous Governours yet did he not only perform all the offices of subjection unto these wicked Magistrates
Army will be a rock of defence unto his annointed because it is well known to all the world For what causes the King suffereth that whatsoever this good King hath suffered at the hands of his subjects it is for the preservation of the true Protestant Religion of the established Lawes of his Kingdomes and of those Reverend Bishops Grave Doctors and all the rest of the Learned and Religious Clergy that have ever maintained and will to the spilling of the last drop of their blood defend this truth against all Papists and other Anabaptistical Brownists and Sectaries whatsoever What a shame it is to use the power we have received against him that gave it us And therefore if you that are his Parliament should like unthankeful vapours that cloud the Sun which raised them or like the Moon in her interposition that obscures the glorious lamp which enlightens her in the least manner imploy that strength which you have received from his Majesty when he called you together against His Majesty it will be an ugly spot and a foul blemish both for your selves and all your pâ—sterities And if not suddenly prevented you may raise such spirits that your selves cannot lay down and sow such seeds of discord and disconteâ—t between the King and his people as may derive through the whole Race of all succeeding Kings such a disaffection to Parliaments as may prove a plague and poyson to the whole Kingdom For if the King out of his favour and grace call you together and intrust you with a power either of continuing concluding or enacting such things as may be for the good of the Common wealth and you abuse that power against him that gave it you I must needs confesse that I am of his mind That it is lawful to recall a power given when it is abused who saith That the King were freed before God and man from all blame though he should use all possible lawful means to withdraw that power into his own hands which being but lent them hath been so misapplyed against him for if my servant desireth to hold my sword and when I intrust him with it he seeks to thrust the same into my breast Will not every man judge it lawful for me to gain my sword if it be possible out of his hand and with that sword to cut off his head that would have thrust it into my heart or as one saith If I convey my estate in trust to any friend to the use of me and mine and the person intrusted falsifie the faith reposed in him by conveying the profits of my estate to other ends to the prejudice of me and mine no man will think it unlawful for me to annihilate if I can possibly do it such a deed of trust And therefore Noble Peers and Gentlemen of this ancient Kingdom of Ireland that your Parliament may prove successeful to the benefit of the Common-wealth let me that have some interest and charge over all the Inhabitants and Sojourners of Kilkenny perswade you to think your selves no Parliament without your King and that your Votes and Ordinances carrying with them the power though not the name of Acts of Parliament to oblige both King and Subjects to obey them are the most absolute subversion of our Fundamental Lawes the destructive invasion of our rightful Liberties And that by an usurped power of an arbitrary rule to dispose of our estates or any part thereof as you please to make us Delinquents when you will and to punish us as Malignants at your pleasure and through your discontent to dispossesse your rightful King though it were to set the Crown upon the head of your greatest One al is such a priviledg that never any Parliament hath yet claimed Or if you still go on for the inlargement of your own usurped power under the title of the priviledge of Parliament to Vote diminution of the Kings just Prerogative that your Progenitors never denied to any of his Ancestors to exclude us Bishops out of your Assemblies without whom your determinations can never be so well concluded in the fear of God and to invade the Liberties of your fellow-subjects under the pretences of religion and the publique good I will say no more but turn my self to God and put it in my Liturgie From Parasites Puritanes Popes and such Parliaments Good Lord deliver us CHAP. IX Sheweth the unanimous consent and testimonies of many famous learned men and Martyrs both ancient and modern that have confirmed and justified the truth of the former Doctrine ANd so you see that as for no cause so for no kind or degree of men be they what you will Peers Magistrates Heads of Families Darlings of the people or any other Patriots whom the Commons shall elect it is lawfull to rebell against or any wayes to resist our chief Princes and soveraign Governours This point is as clear as the Sunne and yet to make it still more clear unto them that will not believe that truth which they like not but as Tertullian saith Credunt Scripturis ut credant adversus Scripturas Testimonies of famous men do alledge Scriptures to justifie their own wilful opinions against all Scripture I will here adde a few testimonies of most famous men to confirm the same Henry de Bracton Lord chief Justice of the Kings Bench under Hen. 3. L. Elismer in orat habita in Camera Fiscali anno 1609. pag. 108. saith as he is quoted by the Lord Elismer That under the King there are free men and servants and every man is under him and he is under none but onely God If any thing be demanded of the King seeing no Writ can issue forth against the King there is a place for Petition that he would correct and amend his fact and if he shall refuse to do it he shall have punishment enough when the Lord shall come to be his revenger for otherwise touching the Charters and deeds of Kings neither private persons nor Justitiaries ought to dispute This was the Law of that time what new Lawes our young Lawyers have found since I know not I am not so good a Lawyer The Civil Lawyers do farre surpasse the Common Law herein for Corsetus Sic. tract de potestat reg part 5. num 66. Corsetus Siculus saith Rex in suo regno potest omnia imò de plenitudine potestatis And Marginista saith Qui disputat de potestate Principis utrum benè fecerit est infamis Hostiensis saith Princeps solutus est legibus id est quoad vim coactivam non quoad vim directivam Thom. 1. 2 ae q. 96. ar 5. ad 3. quia nulli subest nec ab aliis judicatur And to omit all the rest Marginista in Angelum Perusinum c. l. 9. tit 29. De crimine sacrilegii l. 2 Hostiens Sum. l 1. rubr 32. de effic legati Barclaius contra Monarchomach l. 3â— c. 14. Gulielmus Barclaius out of Bartolus Baldus Castrensis
plundered and his person if taken imprisoned not because he transgressed any other Law but that he dispenceth not with the Law of his conscience to be no Papist and being thus injured should come unto his King and say I am your Subject and have lived dutifully I did nothing which the Law gives me not leave I have truly paid all duties and humbly submitted my self to all penalties and yet I know not why I am thus used and abused by my neighbours I am driven from my house by force of Arms and I have no place to breathe but under your Majesties wings and the shelter of your power therefore I beseech you as you are my King and are obliged to do your best for the safety of your true Subjects let me have your protection and you shall have my service unto death I would fain know what the King should do in such a case deny his protection or refuse his service The one is injustice the other not the best wisdom especially if he needed service for as the Law of nature and of nations requireth all Subjects to obey their Kings and faithfully to serve them of what Religion soever their Kings shall be so Lege relationis every King is bound to protect every faithfull Subject that observeth his Laws or submitteth to their penalties without corrupting of his fellow Subjects of what Religion soever he is because they are his Subjects not as they are faithfull Christians but as obedient men and he is to rule not over the faith of their souls but the actions of their bodies and it is an Axiom in Divinity that Fides non est cogenda and if Kings cannot perswade their subjects to embrace the true Faith they ought not to cut them off so long as they are true Subjects And therefore with what reason can any man blame the King either for protecting them in their distresses or accepting their service in his own extremities I cannot understand And yet for the goodly company of Papists which his Majesty entertaineth in all his Armies they cannot all make up so much as one good Regiment as an Officer in his Majesties Army confidently affirmeth but it will serve their turn to taxe the King to lay imputations upon him even the very things that belong unto themselves as the whole summe of those things that are expressed in Englands Petition to their King mutaetis mutandis might truly be presented to the two Houses that have now almost destroyed us all and to make them mighty faults in him which are no faults at all in themselves because there is no fear of their favouring Popery though as they have very many so they should have never so many more in their Army 3. Lye that he caused the Rebellion in Ireland 3. Another Slander they not onely whispered but also dispersed the same farre and near among the people to make the King still the more odious unto his Subjects that he was the cause of the Rebellion in Ireland and that the Rebels there had his Commission under the Broad Seal to plunder the Protestants and to expell them thence that so the Gospel being rooted out of Ireland Popery might the easier be transported and planted here in England whereas themselves in very deed were the sole causers of this Rebellion as I have shewed unto you before and the colour of this slander was The cause of this slander that the Rebellion being raised the Ring leaders of those Rebels the sooner to gain the simple to adhere unto them perswaded them to believe that they had the Kings command to do the same and to that purpose shewed them the Broad Seal which they had taken from Ministers and Clerks of the Peace and others whom formerly they had plundered and taken their Seales from them which they cunningly affixed to certain Commissions of their own framing as M. Sherman assured me he saw the Broad Seal that was taken from one M. Hart that was Clerk of the Peace in the County of Tumond and was found in the pocket of one of the chief Leaders of the Rebels when he was killed by the Kings Souldiers yet this false and lewd practice of these Rebels in Ireland was a most welcom news to this Faction in England to lay this imputation upon the King that he was the cause of this Rebellion which themselves had kindled and were glad to find such a colour to impute it unto him that it might not be suspected to be raised by them Many other such falsehoods Lyes and impudent slanders hath the father of lyes caused these his Children most impudently to father upon the King but as the Philosopher saith Non quia affirmatur aut negatur res erit How things are indeed aut non erit Things are not so and so because they are said to be so neither can they be no such things onely because they are denied to be such as Gold is not Copper because ignorant men affirm it to be so nor a drunken man sober or a vitious man vertuous because they deny him to be good and blazon him abroad for one of the sonnes of Belial but as Gold is Gold and Brasse is Brasse so godly men are good wicked men are evill and Rebels are none other then Rebels let men call them what they will and so our King is not such a man as they say because they affirm it but he is indeed a most just vertuous and most pious Prince let them say what they will Their tongues are their own and we cannot rule them and so all his followers are better Protestants indeed and less Papists in all points of faith than the best of them that term us so by false names God forgive them these slanderous accusations CHAP. XI Sheweth the unjust proceedings of these factious Sectaries against the King eight special wrongs and injuries that they have offered him Which are the three States And that our Kings are not Kings by election or Covenants with the People ANd yet for all these strange courses contrary to all humane thoughts Psal 118.23 Esay 46.10 which is marvellous in our eyes the Lord of Heaven whose counsell shall stand and whose will shall be done hath them all in derision dissipates all these devices and turns all the counsell of Achitophel against his own head when he opened the eyes of many millions of the Kings true Subjects to behold and detest these unfaithful dealings and dis-loyall proceedings against so gracious a King and therefore petitioned and subscribed that his Majesty standing upon his Guard and defending himself from such indignities as might follow they would hazard their lives and fortunes to assist him to repell those more than barbarous injuries that were offered unto Him Therefore now Memoriae proditum est I find it written that without fear of God without regard of Majesty without justice without honesty they are resolved rather than to repent of their former wickednesse to involve
in Publick throughout the whole Kingdom and they are not a little punished that neglect it and whatsoever Message Answer Declaration or Proclamation cometh from the King to inform his Subjects of the Truth of things and to undeceive his much seduced people they streightly forbid those to be Printed and imprison if they can catch them all that publish them as they did many worthy Ministers in the City of London and in many other places of this Kingdom 6. They have publickly voted in their House 6. Wrong and accordingly indeavoured by Messages to perswade our brethren of Scotland to joyn in their assistance with these grand Rebels to rebel against their Soveraign but I perswade my self as I said before that the Nobility and Gentry of Scotland are more Religious in themselves more Loyal to their liege Lord and indeed wiser in all their actions then while they may live quietly at home in a happy peace to undertake upon the perswasions of Rebellious Subjects such an unhappy war abroad 7. It is remonstrated and related publickly that 7. Wrong as if they had shaken off all subjection and were become already a State Independent they have Treated by their agents with forraign States and do still proceed in that course which if true is such an usurpation upon Soveraignty as was never before attempted in this Kingdom and such a Presumption as few men know the secret mischiefs that may lurk therein 8. They suffer and licence their Pamphleters Pryn Goodwin Burges 8. Wrong Marshal Sedgwick and other emissaries of wickedness to publish such Treasons and Blasphemies and abominable Aphorisms As that the negative vote of the King is no more then the dissent of one man the Affirmative vote of the King makes not a Law ergo the Negative cannot destroy it and the like absurd and sensless things that are in those Aphorisms and in Prins book of the Soveraign power of Parliament whereby they would deny the Kings power to hinder any Act that both the Houses shall conclude and so taking away those just prerogatives from him that are as Hereditary to him as his Kingdom compell him to assent to their conclusions for which things our Histories tell us that other Parliaments have banished and upon their returns they were hanged both the Spencers the Father and the Son for the like presumption Why the two Spencers died as among other Articles Per asperte vid. Elismere post-nati p. 99. for denying this Prerogative unto their King and affirming that if he neglected his duty and would not do what he ought for the good of the Kingdom he might be compelled by force to perform it which very thing divesteth the King of all Soveraignty overthroweth Monarchy and maketh our government a meer Aristocracy contrary to the constitution of our first Kings and the judgment of all ages for we know full well Pag. 48. from the Practise of all former Parliaments that seeing the three States are subordinate unto the King in making Laws wherein the chiefest power consisteth they may propound and consent but it is still in the Kings power to refuse or ratify and I never read that any Parliament man till now did ever say the contrary but that if there be no concurrence of the King in whom formally the power of making of any Law resideth ut in subjecto to make the Law the two Houses whose consent is but a requisite condition to compleat the Kings power are but a liveless convention like two Cyphers without a figure that of themselves are of no value or power but joyned unto their figures have the full strength of their places which is confirmed by the Viewer of the Observations out of 11. Pag. 19 20 21. Hen. 7.23 per Davers Polydore 185. Cowel inter verbo Praerog Sir Thomas Smyth de republ Angl. l. 2. c. 3. Bodin l. 1. c. 8. For if the Kings consent were not necessary for the perfecting of every Act The Letter to a Gentleman in Gloucestershire p. 3. then certainly as another saith all those Bils that heretofore have passed both Houses and for want of the Royal assent have slept and been buried all this while would now rise up as so many Laws and Statutes and would make as great confusion as these new orders and ordinances have done And as the Lawyers tell us that the necessity of the assent of all three States in Parliament is such as without any one of them the rest do but lose their labour Lamberts Archeion 271. Vid. the Viewer p. 21. so Le Roy est assentus ceo faict un Act de Parliament and as another saith Nihil ratum habetur nisi quod Rex comprobarit Nothing is perfected but what the King confirmeth But here in the naming of the three States I must tell you that I find in most of our Writers about this new-born question of the Kings power a very great omission that they are not particularly set down that the whole Kingdom might know which is every one of them and upon this omission I conceive as great mistake in them that say the three States are Which be the three States of England 1. The King 2. The House of Peers 3. The House of Commons For I am informed by no mean Lawyer that you may find it upon the Rowls of Henry the fifth Speed l. 9. c. 19. p. 712. Anno. 1 Ric. 3. as I remember and I am sure you may find it in the first year of Richard the third where the three States are particularly named and the King is none of them For it is said That at the request and by the assent of the three Estates of this Realm that is to say the Lords Spiritual the Lords Temporal and Commons of the Land Assembled it is declared that our said Soveraign Lord the King is the very undoubted King of this Realm Wherein you may plainly see the King that is acknowledged their Soveraign by all three can be none of the three but is the head of all three as the Dean is none of the Chapter but is Caput capituli and as in France and Spain so in England I conceive the three Estates to be 1. The Lords Spiritual that are if not representing yet in loco in the behalf of all the Clergy of England that till these Anabaptistical tares have almost choaked all the Wheat in Gods field were thought so considerable a party as might deserve as well a representation in Parliament as old Sarum or the like Borough of scarce twenty Houses 2. The Lords Temporal in the right of their Honor and their Posterity And to make the World believe how justly and sufficiently legal they could do this they made another Ordinance for the inhabitants of the Counties of Northampton Rutland Derby c. to pay the twentieth part and to be assessed by the Assessors that they name in imitation of the Statute lately made for the four hundred
incline and conspire with this Faction to confirm those Positions which they proposed to themselves to overthrow the Church and State and to uphold their usurped Government and tyrannical Ordinances they will pretend twenty excuses as The great Affairs of the State The multiplicity of their businesses The necessity of procuring monies The shortnesse of their time though they sate almost three years already that they have no leisure to determine these questions which in truth they do purposely put off lest they should leese such a friend unto their party but when any other which dissenteth from their humours doth but any thing contrary to the straitest Rules of the House they do presently notwithstanding all their greatest affairs call that matter into question The L Digby in his Apolog. and it must be examined and followed with that eagernesse as in my Lord Digby's case that he must be forthwith condemned and excluded for we say This cannot be any just Priuiledge but an unjust proceeding of this Parliament 8. The delegating of their power to particular men 8. When they delegate their power to some men to do some things of themselves without the rest as it seems they did unto Master Pym when an Order passed under his sole test for taking away the Rails from the Communion Table for this is a course we never heard of in former time 9. The multiplying of their Priviledges 9. When their Priviledges are so infinitely grown and inlarged more than ever they were in former Parliaments and so swelled that they have now swallowed up almost all the Priviledges of other men so that they alone must do what they please and where they will in all Cities and in all Courts because they have the Priviledge of Parliament 10. When according to the great liberty of language 10. Their speaking and sitting in other Courts which we deny them not within their own wall they take the Priviledge to speak what they list in other places and to govern other Courts as they please where as they did in Dublin and do commonly in London they sit as Assistants with them that are priviledged by their Charters to be freed from such Controllers 11. When above all that hath been or can be spoken 11. Their close Committee they have made a close Committee of Safety as they call it which in the apprehension of all wise and honest men is not only a course most absurd and illegall but also most destructive to all true Priviledges and contrary to the equitable practice of all publick meetings that any one should be excluded from that which concerneth him as well as any of the rest And this Committee only which consisteth of a very few of the most pragmatical Members of their House must have all intelligences and privy counsels received and reserved among themselves and what they conclude upon must be reported to the House which must take all that they deliver upon trust and with an implicite Roman faith believe all that they say and assent to all that they do only because these forsooth are men to be confided in upon their bare word The greatnesse of this abuse when their House hath no power to administer an Oath unto any man in the greatest affairs happiness or destruction of the whole Kingdom for this is in a manner to make these men Kings more than the Roman Consuls and so as great a breach of Priviledge and abuse of Parliament as derogatory to his Majesty that called them to consult together and as injurious to all the people as can be named or imagined CHAP. XIV Sheweth how they have transgressed the publike Laws of the Land three wayes and of four miserable Consequences of their wicked doings 2. FOr those publike written and better known Laws of this Land 2. Against the publick laws of the Land they have no lesse violated and transgressed the same than the other and that as well in their execution and exposition as in their composition For 1. When they had caused the Archbishop of Canterbury to be committed to the Tower Judge Berkeley to the Sheriff of London 1. In the execution of the old Laws Sir George Ratcliffe to the Gate-house for no lesse crimes than high Treason and many other men to some other prisons for some other faults yet all the World seeth how long most of them have been kept in prison some a year some two some almost three and God only knoweth when these men intend to bring them to their legal tryal which delay of justice is not only an intolerable abuse to the present Subjects of this Kingdom to be so long deprived of their liberty upon a bare surmise but also a far greater injury to all posterity when this President shall be produced to be imitated by the succeeding Parliaments and to justifie the delayes of all inferiour Judges 2. Whereas we believe what Judge Bracton saith and Judge Britton likewise which lived in the time of Edward the first 2. In expounding the Laws Si disputatio oriatur justiciarii non possunt eam interpretari sed in dubiis obscuris Domini regis erit expectanda interpretatio voluntas Citatur à Domino Elism in post-nati p. 108. cùm ejus sit interpretari cujus est condere If any Dispute doth arise the Judges canot interpret the same but in all obscure and doubtful questions the interpretation and the will of the King is to be expected when as he that makes the Law is to be the expounder and interpreter of the Law Yet they have challenged and assumed to themselves such a power that their bare Vote without any Act of Parliament may expound or alter a known Law which if it were so they might make the Law as Pighius saith of the Scripture hke a nose of wax that may be fashioned and bended as they pleased but we do constantly maintain That the House of Commons hath no power to adjudge of any point or matter but to inform the Lords what they conceive and the House of Peers hath the power of Judicature which they are bound to do according to the Rules of the known established Laws and to that end they have the Judges to inform them of those cases and to explain those Laws wherein themselves are not so well experienced though now they sit in the House for cyphers even as some Clergy did many times in the Convocation and if any former Statute be so intricate and obscure that the Judges cannot well agree upon the right interpretation thereof then as in explaining Poynings Act and the like either in England or Ireland the makers of the Act that is the King and the major part of both Houses must explain the same 3. In composeing and setting forth new laws 3. Whereas we never knew that the House had any power to make Orders and Ordinances to bind any besides their own Members to observe them as Laws
be Rebels and Traytors against their own 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 Judas himself in many circumstances not excepted and that which makes their doings the more evil and the more exceedingly wicked is that they make Religion to be the warrant for their evil doings the pack-horse to carry and the clokt 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 only in regard of enemies abroad but also in respect of those far 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 never so able for his knowledge and understanding What Gods faithful servants and the kings loyal Subjects must do in these times 1. To justifie the kings right yet without strength and power to effect what he desires cannot defend the faith and maintain the true Religion from the violence of Sectaries and Traytors within his kingdome it hehoves us all to do these two things 2. To justifie the kings 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 his authority and right to the supreme Governour and defender of the Chuch 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 derivately from him which I hope we have sufficiently proved 2. To submit our selves unto our king and to add our strength force 2. To assist Him against the Rebels 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 happiness 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 Heroick virtue of fortitude which God planteth in the hearts of most noble Princes as he hath most grasiously 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 joyn 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 questionless whatsoever mischief idolatry barbarity or superstition shall take root in the Church and whatsoeuer oppression and wickedness shall impair the Common-wealth Heaven will free His Majesty and the wrath of God in no smal 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 curse bitterly the Inhabitants thereof Jud. 5.23 because they came not forth to helpe the Lord against the mighty CHAP. VIII Sheweth it is the right of Kings to make Ecclesiastical Lawes and Canons proved by many authorities and examples that the good Kings and Emperours made such Laws by the advice of their Bishops and Clergy and not of their Lay Counsellours how our late Canons came to be annulled that it is the Kings right to admit his Bishops and Prelates to be of his Council and to delegate secular authority or civil 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 requisite for us to know that God hath granted unto him among other rights these two special prerogatives Two special rights and prerogatives of the King for the government of the Church 1. To make Laws and Canons 1. That he may and ought to make Lawes Orders Canons and Decrees for the well governing of Gods Church 2. That he may when he seeth cause lawfully and justly grant tolerations and dispensations of his own Laws and Decrees as he pleaseth 1. Not onely Solomon and Jehosaphat gave commandment and prescribed unto the chief Priests and Levites what form and order they should observe in their Ecclesiastical causes and methode of serving God but also Constantine Theodosius Justinian and all the Christian Emperours that were careful of Gods service did the like and therefore when the Donatists alleadged that secular Princes had nothing to do to meddle in matters of Religion and in causes Ecclesiastical Aug. l. 2. c. 26. Saint Augustine in his second Epistle against Gaudentius saith I have already proved that it appertaineth to the Kings charge that the Ninivites should pacifie Gods wrath and therefore the Kings that are of Christs Church do judge most truely that it belongeth to their charge to see that men Rebel not Idom ep 48. ep 50. ad Bonifac without punishment against the same because God doth inspire it is to the mindes of Kings that they should procure the Commandments of the Lord to be performed in al their Kingdomes for they are commanded to serve the Lord in fear and how do they serve the Lord as Kings but in making Laws for Christ So they are called the kings Ecclesiastical Lawes as man he serveth him by living faithfully but as King he serveth him in making Laws that shal command just things and forbid the contrary which they could not do if they were not kings And by the example of the king of Ninive Darius Nebuchadnezzar and others which were but figures and prophesies that foreshewed the power duty and service that Christian kings should owe and performe in like sort to the furtherance of Christs Religion in the time of the New Testament when al kings shall fall down and Worship Christ Psal 72.11 Arg. cont lit Peul l. 2. c 92 and all Nations shall do him service he proveth that the Christian kings and Princes should make Laws and Decrees for the furtherance of Gods service even as Nebuchadnezzar had done in his time And upon the words of the Apostle Idem in l. de 12. abus grad grad 2. that the king beareth not the sword in vain he proveth against Petilian that the power and authority of the Princes which the Apostle treateth of in that place is given unto them to make sharpe penall Lawes to further
them the more odious both to God and man and their names the more infamous to all posterity that after they had filled themselves with all kind of wickednesse with incredible transgressions they should be sound contemners of so favourable a pardon But though it be the Kings right to pardon faults and to restore offenders yet herein all Princes should take great heed especially when they have power to take revenge 2. Sam. 3.39 for sometimes the sinners may be like the sons of Zervia too strong for David how they pardon those great crimes that are committed to the dishonour of God and do so far provoke him to anger as to plague both the doers and the sufferers of them because that although they be soluti legibus suis not bound to their own Lawes Arnisaeus l. 1. c. 3. pag. 69. yet they are not soluti ratione praeceptis divinis but they are bound to observe Gods Lawes and to punish the transgressors of his Commandments or if they do not when they can do it they shall render a strict account to God for all their omissions as they may see it in the example of King Saul 1 Sam. 15.9 6. Jus convocandi Synodos Parliamenta c. 6. Jus convecandi the right of calling Synods Parliaments Dyets and the like were the rights of the kings of Israel and are the just Prerogatives of the kings of England howsoever this faction of the Parliament hath sought to wrest it as they do all other rights out of the kings hands by their presumption to call their Schismaticall Synod to which they have no more colour of right then to call a Parliament 7. Jus mone tas excudendi Matth. 22.20 7. Jus excudendi the right of coyning mony to give it value to stampe his armes or his image upon it as our Saviour saith Whose Image and superscription is this and they say to him Caesars is the proper right of Caesar the prerogative of the king The second sort of the King 's right is circa Magistratus 2. About the Magistrates and containeth jurisdiction rule creation of officers appointing of circuits provinces judgements censures institution of Scholes and Colledges collation of dignities receiving of sidelities and abundance more whereof I intend not to speak at this time but refer my Reader to Arnisaeus de jure Majestatis if he desires to be informed of these particulars Arn s l. 2. c. 2. And as these and the like are jura Regalia the rights of Majesty in the time of peace so when peace cannot continue it doth properly belong unto the King and to none else but to him that hath the Sovereignty whose right it is alone to make war either to succour his allyes or to revenge great injuries or for any the like just causes and as he seeth cause to conclude Peace to send Ambassadours to negotiate with foreign States and the like are the rights of Kings and the indeleble Characters of Soveraignty which whosoever violateth and endeavoureth to purloin them from the King doth with Prometheus steal fire from Heaven which the Gods would not suffer as the Poëts feign to go unrevenged And these things so far as I can finde the King never parted with them unto his Subjects and therefore whosoever pretendeth to an inderived power to do any of these and exempteth himself from the King 's right herein resisteth the ordinance of God and is guilty of High-Treason Ioh. Beda 26. what pretext soever he brings saith the Advocate of Paris And there be some things which our Kings have granted unto their Subjects Ita itiam Reges Aegypti quibus voluntas pro lege est legum tamen instituta in cogendis pecuniis quotidianoque victu sequebantur Aubanus What things Kings have granted and restrained themselves from their full right as the use of that power which makes new Lawes or repeals the old or layeth any tax or sums of monies upon his Subjects without the consent of the Lords and Commons in Parliament and it may be some other particulars which the Lawyers know better then I. And all these Priviledges of the Subjects are but limitations and restrictions of the King 's right made by themselves unto their people and therefore where the Law cannot be produced to confirm such and such Liberties and Priviledges granted unto them I say there the King's power is absolute and the Subject ought not in such cases to determine any thing to the disadvantage of the King because all these Liberties that we have are injoyed by vertue of the King's grant as you may see in the ratification of Magna Charta where the King saith We have granted and given all these Liberties But I could never see it produced 9 Hen. 3. where the King granted unto his Subjects that they might force him and compel him with a strong hand by an Army of Souldiers to do what they will or else to take away either his Crown or his Life this Priviledge was never granted because this deprives the King of his supremacy and puts him in the condition of a Subject and would ever prove an occasion of rebellion when the people upon every discontent would take Arms against their King And therefore this present resistance is a meer usurpation of the King 's right a rebellion against his Lawes an High Treason against his Person and a resistance of the ordinance of God which heap of deadly sins can bring none other fruit then damnation saith the Apostle CHAP. XIV Sheweth the Kings grants unto his people to be of three sorts Which ought to be observed the Act of excluding the Bishops out of Parliament discussed the King's Oath at his Coronation how it obligeth him and how Statutes have been procured and repealed 2. The Kings obligation to observe his grants Peter de la Primandas saith Laws annexed to the Crown the Prince cannot so abrogate them but his Successor may disannul whatsoever he hath done in prejudice of them p. 597. 2. WE are to consider how far the King is obliged to observe his promise and to make good these Liberties and Priviledges unto his Subjects where I speak not how far the father's grant may oblige the son or the predecessor his successor who cannot be deprived of his right dominion by any act of his predecessors but for the rights of his dominion how far precedent grants and the custom of their continuance with the desuetude and non-claim of his right may strengthen them unto the Subject and oblige the successors to observe them I leave it unto the Lawyers and Civilians to dispute but I am here to discusse how far the King that hath promised and taken his oath to observe his Lawes and make good all priviledges granted to his Subjects is bound in conscience to keep and observe them Touching which you must understand that these grants of immunities and favours are of three special kindes 1. Of
devoure in delicates and how the Sisters teachers eat more good meat and drink better wines then the gravest Bishops 6. Their wrath and malices 6. They are as the Psalmist saith wrathfully displeased at us and I know not whether their envy at our happinesse or their wrath and anger that we do live is the greater yet thanks be to God Vivere nos dices salvos tamen esse negamus And God I hope will preserve us still notwithstanding all their malice 7. Their Sloath. 7. For their sloath I was a while musing how these factious Rebels could any wayes be guilty of this lazie sin for as the Divel is never at rest but goeth about continually like a roaring Lion seeking whom he may devoure and he saith Job 1. 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 painfull to do evil to serve the Divel 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 War in the night not by any manhood but by taking the Kings Souldiers carelesse in their beds yet notwithstanding all this diligence to do wickednesse they are as lazie as any sluggard and as slow as the snayle to any goodnesse they are asleep in evil and are dead in trespasses and sins and cannot be awakened to any service of God 24. How they have grievously committed the foure crying sins 1. How they have shed abundance of innocent bloud 24. The Scripture maketh mention of foure crying sins that do continually cry to God for vengeance against the sinners Clamitat ad coelum vox sanguinis Sodomorum Vox oppressorum merces retenta laborum And they are not free from any of these For 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 War they have most unjustly caused to be spilt and do flow like the Rivers of waters over the face of this now unhappy Land do with Abels bloud continually cry against them and cannot chuse but pull down vengeance upon their heads when God shall come to make inquisition for bloud and therefore though Pacem nos poscimus omnes Psal 9.12 we all cry for peace and the Kings clemency still proclaimeth pardon yet seeing it is God that maketh Wars 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 sin of Saul upon the poor Gibeonites never left crying for vengeance untill it was expiated by bloud even by the bloud of seven of his sons 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 voice of God that whosoever sheddeth mans bloud that is without due authority by man shall his bloud be shed that is by the due course of Law and the power of the Magistrate that beareth not the sword in vaine but is bound to punish murders and the unlawfull putting of innocents to death with the sentence of a just death Ob. If you say Why may not this Rebellion be concluded with the like peace by a generall pardon as the other in Ireland is like to be Sol. I answer the case is not alike because they had some shew of reason and were provoked by the faction and emissaries of this Parliament but our Rebels had not the least colourable cause nor were provoked by any but their own bloudy desire to root out Gods service and servants when they had almost all things that they desired I am sure more then should have been granted unto them and therefore in these and in many other respects that I could but am ashamed to set down I deem this Rebellion of our English and the invasion of the Scots ten times more odious then the insurrection of the Irish Ezech. 16.49 2. The sins of Sodom among them 3. Their oppression 2. The iniquity of Sodome was Pride fullnesse of bread abundance of idleness and contempt of the poor and I have already shewed how all these do rule and reign in them 3. For oppression let their ordinances to take away our goods without any colour of justice and their actions to make good their ordinances to take away our states and deprive us of our liberties be well examined and the world shall then see whether they be oppressors or I a transgressor for affirming it 4. For retaining of wages letting passe their Souldiers that deserve not pay for fighting so disloyally against their King 4. The detaining of the wages of God's servants and transgressing so undutifully the Commandment of God which so precisely biddeth them to honour the King I would fain know by what authority or law excepting their own lawless Ordinances have they detained and alienated the wages means and maintenance of those faithful Pastors whom they sent away and caused them to fly and wander like Pilgrims from place to place without any means or subsistence O let them never think that these things can be buried in oblivion but that the sighes and groans of those faithful servants of Christ do continually cry 25. How they are filled with the most destructive sins against their soules And if I should parallel the wickednesses of this pretendâ—d Parliament with the Sicilian Vespers the Massacre of Paris and the Gun-powder Treason it would exceed them all 2. The wicked Ordinances of the pretended Parliament 1. Their bloudy ordinance 2. Their sacrilegious ordinance and cry aloud in the eares of God for vengeance to be poured down upon the heads of these their persecutors which cannot escape Cùm surrexerit ad iudicandum Deus 25. As there be three Theological graces that build up and compleat a Christian soul Faith Hope and Charity so there be three main vices that do poyson and kill every soul Infidelity Presumption Philauty and three others that are destructive to all Christianity Prophaneness Impudency and Sacriledge The time will not give me leave to tell you how they are chained about with these links of sin and how indeed they are as the Apostle saith filled with all unrighteousness The works that they do can sufficiently testifie what they are God forgive them the evil that they have done and give them grace to repent in time that they may not perish everlastingly Amen 2. Having treated a little of the wicked practices and abominable actions of the Puritan Faction of this Parliament I should according as I intended
Clergy man from the letter of the law doth pervert the end and abuse the meaning of the law I make it a case of Conscience and demand Whether such men as do let out the lands and houses of the Church for their own private gain and not for the benefit of Gods Church and the advancement of Gods service do not commit this horrible sin of Sacriledge For my part I conceive them to be the worst and most Sacrilegious persons of all others that should know the truth and not give such ill examples both of Covetousness and Sacriledge unto their neighbours How the Bishops and other Clergy-men may lease their Lands without Sacriledge but let them lease what they will for the benefit of Gods Church the furtherance of Religion and the no-prejudice of their successors and they shall never find me to oppose them But otherwise to lease the lands of the Church that is better worth then a 100 l. per annum for less then a 100 s. for to make our children great and the Church poor to benefit our selves and to prejudice Gods service and to say We have a law that warrants us to do it We have Acts of Parliament that allow it and have the practice and presidents of other Bishops Deans and Chapters that have done it is but to say as the Jews said to Pilate We have a law and by our law he ought to die And ought he therefore to die think you because these Jews had such a law I verily think not so and I think likewise that though you have or should have a law to take away and alienate the rights of the Church yet you should not do it if you love the Church or do any waies fear God And for the practice of some other Bishops Deans and Chapters I confess heretofore many of them have done bad enough and worse in my mind then the worst of lay men for them to sell the rights of the Church and so with Judas to betray their Master Christ but Vivitur praeceptis non exemplis if the practice and presidents of others would or could excuse our faults then Drunkards Whore-masters and Murderers might easily find presidents enough to excuse their wickedness and so I know the Sacrilegious persons may as easily find the like But I shall hereafter shew you how and by whose power and by what means these our Laws and Acts of Parliament for the alienating By whose power the laws for leasing and passing away the Church-lands came to be made Consider that leasing and selling of the revenues of the Church came to be made and leave it to any pious mind and conscientious man to consider Whether they ought in the strictness thereof to be observed or not and not rather commend the care and great piety of our late most gratious King and now glorious Martyr Charles the I. Who a little to curb the extravagancies and large extent of our laws by his regall Authority wrote his letters to all Bishops Deans and Chapters that they should lease out their lands for no longer term then 21 years as it appeareth by this his most gratious and pious Letter directed unto my self the Dean and Chapter of the Cathedrall Church of Bangor which for the honour and praise and our thankfulness to so pious and so Religious a King for his care and love to the Church and service of God I thought it my duty to insert it in this place To our Trusty and wel-beloved the Dean of Bangor Charles Rex TRusty and welbeloved We greet you well We have lately taken the State of our Cathedral and Collegiat Churches into our Princely Consideration that We may be the better able to preserve that livelyhood which as yet is left unto them Vpon this deliberation We find that of later times there hath not risen a greater inconvenience then by turning Leases of one and twenty years into Lives for by that means the present Dean and Chapter put great Fines into their Purses to enrich themselves their wives and children and leave their Successors of what deserts soever to Vs and the Church destitute of that growing means which else would come in to help them By which course should it continue scarce any of them could be able to live and keep house according to their Place and Callings We know the Statute makes it alike lawful for a Dean and Chapter to let their Leases for the Term of one and twenty years or three Lives but time and experience have made it apparent that there is a great deal of difference between them especially in Church-Leases where men are commonly in years before they come to those Places These are therefore to will and command you upon peril of Our utmost displeasure and what shall follow thereon that notwithstanding any Statute or any other pretence whatsoever you presume not to let and Lease belonging to your Church into Lives that is not in Lives already And further where any fair opportunity is offered you if any such be you fail not to reduce such as are in Lives into Years And We do likewise will and require that these our Letters may remain upon Record in your own Register-Books and in the Register of the Lord Bishop of that Dioces that he may take notice of these our Commands unto you and give Vs and our Royal Successors knowledge if you presume in any sort to disobey them O that the mind and piety of this most godly King expressed in this Letter had bin observed by all our Predecessors Bishops Deanes and Chapters the which I will do and punctually observe it by the grace of God And further whereas in Our late Instructions We have commanded all our Bishops respectively not to lett any Lease after We have named any of them to a better Bishoprick but did not in those Instructions name the Deans who yet were intended by Vs These are therefore to declare unto you that no Dean shall presume to renew any Lease either into Lives or Years after such time as We have nominated him either to a better Denary or a Bishoprick having observed that at such times of remove many men care not what or how they lett to the prejudice of the Church and their Successors And this is Our expresse Command to you your Chapter and your Successors which in any case We require both you and them strictly to observe upon pain of Our high displeasure and as you and they will answer the contrary at your and their utmost perils Given under Our Signet at Our Mannor of Greenwich the Two and Twentieth day of June in the Tenth year of our Reign Whereby you may perceive that the same holy Spirit that led this blessed King to be of this mind doth now likewise lead me to be of the same mind that no Bishop Dean or Chapter ought to Lease ouâ— the Lands and Revenues of the Church for any longer Term than 21. years For
societatem verumetiam quae ad Divinam religionem In this Kings and Princes do serve God as they are commanded by God if they do command as they are Kings in their Kingdoms those things that are good and honest and prohibit the things that are evil not only in causes that do properly appertain to civil society but also in such thâ—ngs as belong and have reference to Religion and Piety And when they do so the Bishops and Priests be they whom you will should observe their Commands That the Bishops Priests ought to submit themselves to the lawful commands diâ—ections of their Kings civil Governours and submitt themselves in all obedience to their Determinations and censures For Moses was the civil Magistrate and the Governour of the people and as he received them from God so he delivered unto the people all the Laws Statutes and Ordinances that appertained to Religion and to the Service of God And when Aaron erected and set up the golden Calf to be worshipped and so violated the true Religion and Service of God Moses reproved and censured him and Aaron though he was the High Priest of God and the Bishop of the people yet as a good example for all other Priests and Bishops he submitted himself most submissively unto Moses the chief Magistrate and said Let not the anger of my Lord wax hot Exod. 32.22 And I would the Pope would do so likewise And therefore though we say the Judge is to be preferred before the Prince in the knowledge of the Laws and the Doctor of Physick in prescribing potions for our health and the Pilot in guiding his Ship which the King perhaps cannot do Yet it cannot be denied but the King hath the commanding power to cause all these to do their duties and to punish them if they neglect it So though the King cannot preach and may not administer the holy Sacraments nor intrude himself with Saul and Vzzia to execute the Office of the Priest or Bishop yet he may and ought to require and command both Priests and Bishops to do their duties and to uphold the true Religion and the Service of God as they ought to do and both to censure them as Moses did Aaron and also to punish them as Solomon did Abiathar if their offence so deserve when they neglect to do it and both Priests and Bishops ought like Aaron and Abiathar to submit themselves unto their censures CHAP. VII The Objections of the Divines of Lovaine and other Jesuites against the former Doctrine of the Prince his authority over the Bishops and Priests in causes Ecclesiastical answered And the foresaid truth sufficiently proved by the clear testimony of the Fathers and Councils and divers of the Popes and Papists themselves BUt against this Doctrine of the Prince his authority to rectifie the things that are amisse and out of order in the Church of God Obj. the Jesuites and their followers tell us Spirituales dignitates praestantiores essâ— secularibus seu mundanis dignitatibus That the Spiritual Dignities are more excellent than those that are worldly When as these two Governments Gen. 1.16 Rom. 13 1â— And though the light of the Church be the greater yet that proves nor but that the King should be the prime and chief Governor of the Church the one of the Church and the other of the Common-wealth are like the two great Lights that God hath made the greater light to rule the day and the lesser light to rule the night and the Government of the Church must needs be acknowledged to be the Day and to have the greater light to guide and to direct it The Apostle telling us plainly that now the Gospel being come and the Church of Christ established the night is past or far spent and the day is at hand and come amongst us And the Government of the Secular State is like the Moon that ruleth the Night and receiveth her cleerest light from the Sun as all Christian Kingdoms do receive their best light and surest Rules of Government from the Church of God which is the pillar and the ground of truth But To these that thus make the Civil Government subordinate to that which is Spiritual as both the Papists and our Fanatick-Sectaries here amongst us like the old doting Donatists would do and so abridge and deprive the Christian Prince of his just right and jurisdiction over the affairs and persons of the Church I answer Sol. 1. That Symbolical propositions examples parables comparisons and similitudes can prove nothing they may serve for some illustrations but for no infallible demonstrations of truth Isidorus in Glossa in Gen. ut citatur In the Scourge of Sacriledge 2. I say that Isidorus a popish Doctor preferreth the Government of the Kingdom before the Priesthood by comparing the Kingdom unto the Sun and the Priesthood unto the Moon 3. I say that Theodore Balsamon a good School-man saith Nota Canonem Dicit Spirituales dignitates esse praestantiores secularibus sed ne hoc eò traxeris ut Ecclesiasticae dignitates praeferantur Imperatâ—riis quia illis subjiciuntur You must note that when the Canon saith the Spiritual dignities are more excellent than the Secular Balsamon in Sexta Synodo Canone 7. you must not so understand it as to prefer the Ecclesiastical Rule or Dignities before the Imperial State because they are subject unto it and so to be ruled by it 4. And lastly I say that the Regal Government or Temporal State and civil Government of the Common-wealth is not meerly secular and worldly as if Kings and Princes and other civil Magistrates were to take no care of mens souls and future happiness which they are bound to do and not to say with Cain Nunquid ego custos fratris Am I obliged to look what shall become of their souls But they are called Secular States and civil Government because the greatest though not the chiefest part of their time and imployment is spent about Civil affairs and the outward happiness of the Kingdom even as the Ecclesiastical persons are bound to provide for the poor and to procure peace and compose differences among neighbours and the like civil offices though the most and chiefest part of their time and labour is to be spent in the Service of God and for the good of the souls of their people And so Johannes de Parisiis another man of the Roman Church Johannes de Parisiis Can. 18. doth very honestly say Falluntur qui supponunt quod potestas regalis sit Corporalis non Spiritualis quod habeat curam corporum non animarum quod est falsissimum They are deceived which suppose that the Regaâ— power is only corporal and not spiritual and that it hath but the care and charge over the bodies of his Subjects and not of their souls Which is most false Obj. 2. They say as I have said even now that similitudes and examples nihil
Benefices and Tythes to lay persons as the Council of Lateran held under Pope Alexander the 3d decreed That Qui decimas laico Câ—ncil Lateran part 26. c. 8. Causa 16. q. 7. c. 3. Greg. 7. Causa 19 q 7. c. 1. Periculum animae in seculo manenti concesserit deponendus est The Priest which shall passe away the Tythes to any secular lay man is to be deposed And the Canon Si quia à modo Episcopus c. saith That if any Bishop hereafter do passe away the Tythes and Oblations to lay men let them be numbred amongst the greatest Hereticks And the lay men that receive the Tythes as to be their own proper inheritance either from the Bishops or Kings do run into the danger of their souls saith another Canon Yet as if all these were but tela aranea a Spider's web nothing would avail with the Pope to make him to desist his wicked practice of making these impropriations to whom he pleased Therefore the wrath of God being exceedingly kindled against the abominations of these wicked houses that were thus maintained with the Revenues of the Church and upheld in their wickedness by the usurped power of the Pope the good God that could bring light out of darknesse could likewise punish and destroy wickedness by wicked men As he did prophane Saul by the uncircumcised Philistines and Idolatrous Manasses by the idolatrous Babylonians So now he stirreth up a King bad enough Henry the Eighth to be as Nebuchadnezzar was unto the Jews the Rod of his fury to whip and scourge these idle loose and lewd wantons for when the King began to be weary of the same dish and to satisfie his palate desired licence of the Pope to change meat and to be divorced from his old Wife and the Pope rather for fear of offending the King of Spain than any true fear of God as some conceive knew not how to yield to his unlawful lust the King to be revenged deviseth to overthrow the Pope's former wickedness by a greater wickedness even as Physitians sometimes do allay poyson with a stronger poyson And because wickedness can never want Counsellors and Abettors the King had a Cromwell at his elbow a name as fatal unto the Church as Tarquin was to Rome and many others to please their Master gave their Vote to the same purpose That the only way to be throughly revenged was not to stand triffling about small matters that might soon have an end but to give such a perpetual wound as might not be cured and that was utterly to destroy the delights of the Pope by taking away and rooting out all the Abbies Monasteries Nunries and Religious houses within his Dominions so far as he could possibly reach and it is strange If the Lord himself had not been on our side that the Cathedrals and Bishops had not been destroyed likewise And lest the Pope by the perswasions slights and eloquence of his Emissaries and Clergy should gain them to be reduced and restored either to these Houses or to the Church again the only sure way to keep out the Popes fingers from them is to bestow both their Lands and all these impropriations upon his Nobility and Gentry and so he shall not only perpetually be revenged upon the Pope but he shall also most infinitely oblige his friends and his servants who will be tenacious enough to detain them and keep them ad Graecas calendas from returning unto their proper sphere any more and this Counsel pleased the King and his Master and though Arch-Bishop Craumer did what ever he could to get these impropriations restored unto the Church The Holy Table name and thing pag. 148. by his manifold perswasions unto the King and especially by a message purposely sent to Mr. John Calvin by one Mr. Nicholas to intreat Mr. Calvin likewise most earnestly to write to King Henry the 8th and to perswade him by all means to restore these impropriations unto the Church of God And so Mr. Bucer and all the godly Protestants of that time did their best to perswade him to restore them yet all could not prevaile to have them restored For that now 3. Covetousness and the greedy desire of wealth and love unto this present World hath seized upon the hearts and filled the souls of those Lords Knights and Gentlemen and the posterity of them likewise which had taken hold of these impropriations that they cannot endure to part with them any more But as Kites and Cormorants do seize upon a Carrion so do they engross unto themselves the portion of their God and the inheritance of the Church of Christ and such a sweet savour and pleasant taste of Tythes and Church goods hath been taken ever since the birth of this monstrous Sacriledge as that now many Noble men and almost every Knight and Gentleman of any note hath got to themselves the Tythes or some part of the Tythes of an impropriate Church for the inlarging of their Larder-house And that you need not doubt of this I must here set down what you may find in Mr. Crashaws Epistle to Mr. Perkins second Treatise of the Duties of the Ministry that in one County of the Kingdom of England the East riding of the County of York there are contained one hundred and five Parishes whereof nigh an hundred or the full number of an hundred are of this hateful name and bastardly title of Impropriations and some of them are of yearly value of four hundred pounds others worth three hundred pounds per annum others two hundred pounds and almost all worth one hundred pound a year and yet the Minister's part is ten pound stipend yea some have but eight pounds and some but six pounds and some but four pounds to live upon for the whole year and out of the Great Benefice of four hundred pounds a year the Minister had but eight pound per annum Dr. Gardiner in his Scourge of Sacriledge until of late with much labour ten pounds yearly for a Preacher And saith mine Author the most of the Churches in the properest Market-Towns of this Kingdom are thus held and retained by our Nobility and Gentry And so I found it in my Diocess of Ossory in the Kingdom of Ireland that the Impropriations had so swallowed up the Tythes and the Revenues of the Churches that as I shewed it in my Remonstrance to his Majesty six or seven Vicaridges united together will scarce make twenty pound a year for the Preacher Et durus est hic sermo for hereby the people perish and as the Prophet saith The poor Children cry for Bread and for want of means to maintain the Ministers there is none that is able to give it them I know King Henry the 8th that could cause his Parliaments as I ever understood from the old Parliament men of those times to make what Laws and to conclude what Acts of Parliament he pleased got many Laws to be made
men Calv. Inst l. 4. c. 20. Sect. 31. Beza Confess c. 5. p. 171. J. Brutus q. 3. pag. 203. Dan. de Polit. Christ l. 6. c. 3. Bucan loc com 49. Sect. 76. The examples of obedience to kings and make Warre against their King Buchanan's mistake discovered and the Anti-Cavalier confuted 2. AS it is not lawful for any cause so no more is it lawful for any one or for any degree calling or kind of men to rebell against their lawful Governours For 1. Touching private men we find that Calvin Beza Jun. Brutus Danaeus Bucanus and most others yield that meer private men ought not to rebell at any hand and no wonder for the Scriptures forbid it flatly as Exod. 22.28 Revile not the Gods curse not the Ruler 1 Chron. 16.22 Touch not mine annoynted Prov. 30.31 Rise not up against the King that is to resist him Eccles 8.3 Let no man say to the King Why doest thou so Eccles 10.17 Curse not the King in thy thought And the examples of obedience in this kind are innumerable and most remarkable for David when he had Saul a wicked King guilty of all impiety and cruelty in his own hand yet would he not lay his hand upon the Lords annointed but was troubled in conscience when he did but cut the lap of his garment Elias could call for fire from Heaven to burn the two Captains and their men a hundred in number onely for desiring him to come down unto the King as you may see 2 Reg. 1.10 12. and yet he would not resist Achab his King that sought his life and was an enemy to all religion but he rather fled than desired any revenge or perswaded any man to rebell against him Esaias was sawed in pieces by Manasses Jeremy was cast into the dungeon Daniel exposed to the Lyons the Three Children thrown into the fiery Furnace Amos thrust thorough the temples Zacharias slain in the porch of the Temple James killed with the sword Peter fastened to the Crosse with his head downward Bartholomew beaten to death with clubs Matthew beheaded Paul slain with the sword and all the glorious company of the Martyrs which have ennobled the Church with their innocent life and inlarged the same by their precious death never resisted any of their Persecutors never perswaded any man to rebell against them Why the holy Saints obeyed the unjust Tyrant never cursed the Tyrants never implored the aid of the inferiour Magistrates or superiour Nobility either by force to escape their hands or by violence to resist their power for they thought it more honour unto God and farre better to themselves that the just should unjustly suffer for righteousnesse sake than under the colour of justice undutifully to resist and unjustly to rebell against these unjust Persecutors A strange Position And yet some men are not ashamed to averre that meer private men and inferiour subjects if their King as a Tyrant should invade them like a robber or ravisher may defend themselves and oppose the Tyrant as well and as violently as they may resist a private thief or a high-way robber But how untruly they do avouch this thing will plainly appear if you consider how disjunctive these things are and how unjustly they are alledged for this purpose Confuted for a Chirurgion launceth a man and draweth his blood and so doth the thief or a robber but he deserveth a reward this a rope The Tyrant hath a just power though he useth the same unjustly so hath not the thief or the robber So the Prince sometimes doth in some sort the same thing and it may be after the like manner as a thief or a robber doth as often as with a strong hand he taketh the goods of his subjects and forceth the rebellious unto obedience But will you say that both of them do it by the same right I hope not for God gave the power and the sword unto the Prince and he as the Judge of our actions useth the same ad vindictam for the punishment of our offence but the thief or the robber usurpeth the sword and abuseth the same ad rapinam to our destruction and therefore whosoever saith that a subject hath the same reason to rise against his Prince that punisheth him as a traveller hath against a robber that stealeth from him may well be ashamed of such doctrine that carrieth so little shew of any truth Object But you will say the Prince that is a Tyrant punisheth for no fault without any just cause nay altogether unjustly and against all truth as Saul persecuted David and put to death the harmlesse Priests and David did the like to Vrias Achab to Naboth Joash to Zachary Manasses to Esay Pilate to Christ Nero to Peter and perhaps Theodosius to the Thessalonians may they not resist in such a case when they are thus punished and persecuted without cause Sol. I answer that under Saul David Achab Joash and Manasses there lived many faithful Priests and Prophets that were both upright for life and excellent for knowledge How the Saints at all times suffered and never resisted their kings and in the days of Christ Zacheus Nicodemus and Gamaliel were inferiour Magistrates and were also pious men and skilful in the understanding as well of Politique as of Divine affairs and we are sure that no age brought forth either more learned Bishops or holyer Saints than the Apostles and Disciples of Christ that lived under Nero and those excellent Fathers that were in the time of Theodosius and yet never any of these not one of them all shewed us this resisting way to escape the force of tyranny but it hath been alwayes the doctrine of Christ and his Church that Kings and Princes offending the Lawes and transcending the bounds of their duties have onely God for their revenger and ought not to be resisted by any man or any kind of men though they should never so much abuse that power which they have received from God Christ and his Apostles perswade all men obediently to suffer And therefore Christ himself and all his Saints not onely suffered their greatest rage but also exhibited all honour and shewed all reverence unto their most cruel Persecutors and they perswaded all others both by their precepts and examples to do the like and that not onely for fear of wrath but also for conscience sake because the King is Gods Steward which Christ hath set over his whole family and if the Steward like the evil servant in the Gospel shall begin to despise his Master neglect his duty smite his fellows and dissolutely go on to eat and drink and be drunken yet not all the whole family not the Priests not the Nobles not the Commons nor yet all together have any power or right to displace that Steward which their Lord hath appointed over them but they with patience must expect and wait for the coming of their Master which onely hath
authority to call him to his account and to displace him and dispose of him at his pleasure Besides we know that among men every one is either superiour inferiour 3. Degrees of men or equal And 1. The Superiour is no way subject to his inferiour 2. The inferiour is every way subject to his Superiour But 3. An equal hath no power or authority against his equal As for example Exod. 18.21 In the Common-wealth of Israel there were Rulers of thousands and Rulers of hundreds Rulers of fifties and Rulers of tens Tostatus in Num. 25 9. and those of tens were over the people those of fifties were over the tens those of hundreds over the fifties those of thousands over the hundreds the 70. Elders over them and Moses as the King over all and he was subject neither to any of them apart nor to all of them together but onely unto God himself Ambros in Ps 50. and therefore as Saint Ambrose saith he was obliged by no lawes because Kings are free from the bonds of offences and cannot be called to their punishment by any Statute Tuti imperii potestate being safe from men by the power of their Dominion But then you will object If the Tyrant may thus do what he will Object without resistance then he may destroy the whole Society of men and especially the Church of Christ when the worse part that is the Tyrant and his Flatterers shall take and root away the better that is the true servants of God I answer that the society of men and the communion of Saints Sol. the Church of Christ and the Common wealth are continued and preserved not by any humane policy but by the divine providence which useth the power and policy of men to do it and yet contrary to their power and beyond all their policies God preserveth his Church suffereth not the same to be destroyed by the subtlety or cruelty of any Tyrant whom he can bridle when he will and either put a hook in his nostrils or cut him off at his pleasure and though this our God when he will and as long as he will suffereth wicked Kings and Tyrants to reign and rage over his people and disposeth the Ministerie of those evil Governours for the punishment of ungodlinesse or the trial of our faith yet he is no lesse merciful and good unto us when either for the proof our fidelity or the scourging of our sinnes by cruel Tyrants for the healing of our dying and perishing soules he punisheth us than when he heapeth his blessings upon us by most meek and clement Princes for the comfort and consolation of this present life Neither may we think that by this sufferance of God the worse part can take away the better or that the Devill by this means shall be able to overthrow the Church of Christ against which the gates of hell shall never be able to prevail because he doth not cast his vessel into the furnace of tribulation ut frangatur sed ut coquatur And as the Goldsmith doth not cast his gold into the fire to consume it but to purge it so God never did nor ever will in the greatest persecutions Why God punisheth his servants deliver up his inheritance as a prey unto the Tyrants teeth nor submit his people unto the hands of their adversaries that they might be oppressed to destruction but only that they might be pressed and reduced to amendment or delivered from their miseries to salvation And therefore The best meanes to escape our punishments when the Saints of God lye under the hands of a cruel Tyrant Christ hath prescribed them farre better means both for his glory and their own comfort to escape his tyranny than by resisting his power And these meanes I find to be amendment of life tears for our sinnes prayers to God flight from them and patience to suffer when we cannot escape For so Theodoret saith Theodor Orat. 8. de Providentia As often as Tyrants sit at the stern of the Common wealth or cruel masters do rule over us the wrath of God is to be pacified and the mitigation of these miseries is to be sought for by earnest prayers and serious amendment of our lives And Christ when he was sought to be murdered by Herod fled into Egypt and he adviseth us When we are persecuted in one City to flye into another and when by flight we cannot escape then as the Martyrs and godly Confessors did so must we do either mollifie the Tyrants by our humble prayers or offer up our souls to God by true patience For so Saint Ambrose saith Ambrosius in Orat. contra Auxent tom 5. Ep 32. similia habet Basilius ut est apud â—â—nicerum in Theatro Historico pag. 154. I have not learned to resist but I can grieve and weep and sigh and against the weapons of the Souldiers and the Gothes my tears and my prayers are my weapons otherwise neither ought I neither can I resist And Saint Basil saith I will not betray my faith for fear of the losse of my goods or of banishment or of death it self for I have no wealth besides a torne garment and a few books I remain on earth as one that is alwayes going away and my feeble body shall overcome all sense of pain and torments unâ acceptâ plagâ when I shall receive but one stroke And Saint Chrysostome Chrysost in Epist ad Cyriacum when he was driven from Constantinople said unto himself If the Empresse will banish me let her banish me for the earth is the Lords and the fulnesse of it If she cut me in pieces let her cut me Esayas suffered the same punishment If she will have me thrown into the Sea I will remember Jonas If she will throw me into the fiery furnace the three Children suffered the like doom If she will cast me to wild beasts let her do it I shall call to mind how Daniel was cast into the Lyons den If she will stone me to death let her stone me I have Steven the Proto-martyr my companion If she will take away my head let her take it I have John Baptist for my fellow If she will take away my goods and substance let her take it for I came naked out of my mothers womb Bernard Epist 22 1. and naked I shall return again And Saint Bernard saith whatsoever it pleaseth you to do concerning your Kingdome your Crown and your Soul we that are the children of the Church cannot any wayes dissemble the injuries and contempt of our mother and therefore truly we will stand and fight unto death if need be for our mother but with those weapons wherewith we may lawfully do it not with swords speares and shields but with our prayers and teares to God And it would be too tedious for me to set down all that I might collect of this kind most excellent sayings of those worthy men
all kings Ang. de Civit. Dei l. 4. c 33. illius jussu reges constituuntur And by whose command men are born by his command Kings are made And S. Augustine more plainly and more fully saith God alone is the giver of all earthly Kingdomes which he giveth both to the good and to the bad neither doth he the same rashly and as it were by chance because he is God but as he seeth good Pro rerum ordine ac tempore in respect of the order of things and times which are hid from us but best known unto himself and whosoever looketh back to the original of all governments he shall find that God was the immediate authour of the Regal power God the immediate authour of Monarchy and but the allower and confirmer of the Aristocratical and all other forms of government which the people erected and the Lord permitted lest the execution of judgement should become a transgression of justice for as Homer saith Hom. Odyss α. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And Aristotle tells us Aristot Polit. l. 1. c. 8. that the Regal power belonged to the father of the family who in the infancy of the world was so grandevous and long-liv'd that he begat such a numerous posterity as might well people a whole Nation as Cain for his own Colony built a City and was as well the King as the father of all the Inhabitants and therefore Justin saith very well that Principio rerum Justin l. 1. Gentium nationúmque imperium penes reges erat The rule of Nations was in the hands of Kings from the beginning and the Kingly right pertaining to the father of the family the people had no more possibility in right to choose their Kings then to choose their Fathers and to make it appear unto all Nations that not onely the Kings of Israel but all other Heathen Kings are acknowledged by God himself to be of divine institution Jerem. 43.10 Esay 45.1 he calleth Nebuchadnezzar his servant and Cyrus his annointed And therefore though I do not wonder that ignorant fellows should be so impudent Jo. Goodwin in his Pamphlet of Anti-Cavalierism p. 5. as to affirm The King or kingly government to be the Ordinance or Creation or creature of man and to say that the Apostle supposeth the same because he saith Submit your selves to every Ordinance of man for the Lords sake whether it be unto the King c. whereas he might well understand that the same act is oftentimes ascribed aswel to the mediate as to the immediate agent as Samuel's annointing of Saul and David Kings denieth not but that God was the immediate giver of their Kingdomes and the Authour of that regal power 1 Sam. 10. for God annointed Saul Captain over his inheritance and by the mouth of Nathan he telleth David that he annointed him King over Israel 2 Sam. 12. and Solomon acknowledgeth that the Lord had set him on the Seat of his Father David 1 Reg. 2. and Abijah in the person of God saith unto Jeroboam 1 Reg. 11. I will give the Kingdome unto thee 1 Sam. 11.15 and yet it is said that all the people went to Gilgal and made Saul King before the Lord and the men of Juda annointed David King of Juda 2 Sam. 5. and Zadock the Priest and Nathan the Prophet annointed Solomon King that is God annointed them as Master of the substance and gave unto them regal power in whom is all power primariò per se and the Prophets annointed them as Masters of the Ceremony and declared that God had given them that power And therefore the power and authority of Kings is originally Constituere regem est facere ut regiam potestatem exerceret Pinedas de reb Solom c. 2. and primarily as Saint Paul saith the Ordinance of God and secondarily or demonstratively it is as Saint Peter calleth it the ordinance of man when the people whose power is onely derivatively makes them Kings not by giving unto them the right of their Kingdomes but by receiving them into the possession of their right and admitting them to exercise their royal authority over them which is given them of God and therefore ought not to be withstood by any man And this Anti-Cavalier might further see that Saint Peter meaneth not that the King is the creature of man or his Office of mans Creation but that the Lawes and Commands of Kings though they be but the Commands and Ordinances of man yet are we to obey the same for the Lords sake because the Lord commandeth that Every soul should be subject to the higher powers Or if this will not satisfie him because the Greeks word is not so plain for this as the English yet let him look into Pareus that was no friend to Monarchy and he shall find that he doth by seven speciall reasons prove Pareus in Rom. c. 13. p. 13. 27. that the authority of Kings is primarily the Ordinance of God and he quoteth these places of Scripture to confirm it Proverbs 8.15 2 Chron. 19.6 Psalm 81.6 Joh. 10.34 Genes 9.6 1 Sam. 15. 1 Kings 12. 2 Kings 9. Dan. 2.21 Job 34.30 Eccles 10.8 And to this very objection he answereth that the Apostle calleth the Magistrate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an humane Ordination or Creation not causally because it is invented by man and brought up onely by the will of men but subjectively because it is born and executed by men and objectively because it is used about the government of humane society and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in respect of the end because it is ordained of God for the good and conservation of humane kind and he saith further that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 appellatio the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ad Deum primum autorem nos revocat sheweth plainly that God is the first author of it for though the Magistrate in some sense as I shewed may be said to be created that is ordained by men yet God alone is the first Creatour of them as Aaron though he was ordained the high-Priest by Moses yet the Apostle tells us None taketh this office upon him but he that is called of God as Aaron was Yet I do admire that Buchanan or any other man of learning to satisfie the people or his own peevish opinion will so absurdly deny so divine and so well known a verity and say that any Kings have their Kingdomes and not from God so flatly contrary to all Scripture CHAP. VII Sheweth the Reasons and Examples that are alledged to justifie Rebellion and a full answer to each of them God the immediate Authour of Monarchy Inferiour Magistrates have no power but what is derived from the superiour And the ill successe of all rebellious Resisting of our Kings The allegation to justifie Rebellion BUt to prove their absurdities they still alledge that the inferiour Magistrates as the Peers and Counsellours of Kings
and strongest fort that although all others should want sufficient right to crosse the commands and resist the violence of an unjust and tyrannical Prince yet the Parliament that is the representative body of all his Kingdom and are intrusted with the goods estates and lives of all his people may lawfully resist and when necessity requireth take arms and subdue their most lawful King and this they labour to confirm by many arguments I answer that for the Parliament of England it is beyond my sphere and I being a transmarine member of this Parliament of Ireland And whatsoever I â—pâ—ak of Parliaments in all this Discourse I mean of Parliaments disjâ—yned from their King and understand only the prevalent faction that ingrosseth and captivateth the Votes of many of the plain honest minded party which hath been often seen both in general Councels and the greatest Parl aments I will only direct my speech to that whereof I am a Peer and I hope I may the more boldly speak my mind to them whereof I am a member and I dare maintain it that it shall be a benefit and no prejudice both to King and Kingdome that the Spiritual Lords have their Votes in this our Parliament For besides the equity of our sitting in Parliament and our indubitable right to vote therein and his Majesty as I conceive under favour be it spoken is obliged by the very first act in Magna Charta to preserve that right unto us when as in the Summons of Edw. 1. it is inserted in the Writ that * Claus 7. m. 3. dors Quod omnes tangit ab omnibus approbari or tractari debet whatsoever affair is of publique concernment ought to receive publique approbation and therefore with what equity can so considerable a party of this Kingdom as are the Clergy who certainly cannot deserve to forfeit the priviledge of the meanest subjects and of Common men because they are more immediately the servants of the living God be denied the benefit of that which in all mens judgements is so reasonable a law and they onely be excluded from that interest which is common unto all I cannot see yet I say that besides this our right while we sit in Parliament this fruit shall alwayes follow that our knowledge and conscience shall never suffer us to vote such things against the truth as to allow that power or priviledge to our Parliament as to make Orders and Ordinances without the consent and contrary to the will of our King much lesse to leavie moneys and raise armes against our King Priviledges of Parliament what they are for I conceive the Priviledges of Parliament to be Privatae leges Parliamenti a proceeding according to certain rules and private customes and lawes of Parliament which no member of the Houses ought to transcend whereas the other is Privatio legum a proceeding without Law contrary to all rules as if our Parliament had an omnipotent power and were more infallible than the Pope to make all their Votes just and their sayings truth I but to make this assertion good that the Parliament in some cases may justly take arms and make warre upon their justest King if they conceive him to be unjust it is alledged that although the King be Singulis major greater then any one yet he is Vniversis minor lesse then all therefore all may oppose him if he refuse to consent unto them I answer that the weaknesse of this argument Pag. 11. 38 39 40. is singularly well shewed in the Answer to the Observations upon some of his Majesties late Answers and Expresses and I will briefly contract the Answer to say the King is better than any one doth not prove him to be better then two and if his Supremacy be no more then many others may challenge as much for the Prince is Singulis major a Lord above all Knights and a Knight above all Esquires he is singulis major though universis minor And if the King be universis minor then the people have placed a King not over but under them And Saint Peter doth much mistake in calling the King Supreme 2 Pet. 2.13 and they do ill to petition when they might command and I am confident that no records except of such Parliaments as have most unjustly deposed their Kings can shew us one example that the Parliament should have a power As Edw. Carnarvan and Richard the second which must of necessity over-rule the King or make their Votes Law without and against the will of the King for if their Votes be Law without his consent what need they seek and sollicit his consent But the clause in the Law made 2. Hen 5. cited by his Majesty that it is of the Kings regality to grant or deny such of their Petitions as pleaseth himself That the King is universis major greater then all proved and the power which the Law gives the King to dissolve the Parliament and especially the words in the Preface of cap. 12. Vices to Hen. 8. where the Kings Supremacy not over single persons but over all the body politique is clearly delivered doth sufficiently shew the simplicity of this Sophistry God having given and the people having yielded their power to th it King they can never challenge any power but what they have derived from their king 2. Reason Sol. and prove that the King being invested with all the powâ—â— of the people which is due to him as their King he is the onely fountain of all power and justice so that now they can justly claim no power but what is derived from him and therefore it is the more intolerable that any man should usurp the power of the King to destroy the King 2. They will say that Salus populi est suprema a lex The good of the people is the chiefest thing that is aymed at in all government and the Parliament is the representative body of all the people therefore if any thing be intended contrary to the good of the people they may and ought lawfully to resist the same I answer and confesse that there is no wise King but will carefully provide for the safety of his people because his honour is included therein and his ruine is involved in their destruction but it is certain that this principle hath been used as one of our Irish mantles to hide the rebellion of many Traytors and so abused to the confusion of many Nations for there is not scarce any thing more facile 2 Sam. 15.4 then to perswade a people that they are not well governed as you may see in the example of Absolon who by abusing this very Axiome hath stollen away the hearts of many of his fathers subj cts How easie it is to perswade the people to rebell for as Lipsius saith Proprium est aegri nihil diu pati It is incident to sick men and so to distempered minds to indure nothing long but foolishly to
gracious King and I believe the best Protestant King that ever England or Ireland saw neither Popishly affected nor Schismatically led to disaffect but most constantly resolved to be a true Defender of that true Protestant Faith which is established by Law in the Church of England and he is such a King of so unblameable a life so spotlesse in all his actions so clement and so meek towards all men and so merciful towards his very enemies that the mouth of Envy cannot truly taxe him nor malice it self disprove him in any thing Yet we know that as Moses the meekest among men and David the best of Kings were sore afflicted slandered and persecuted not a little by many of their own obliged subjects yea and the best Kings have had the greatest troubles so this good King hath had for his trial a great part of the like usage I know not by whom neither do I intend here to accuse others but to instruct you and by what I shewed out of this Text to teach you above all to take heed of disobedience and Rebellion towards your King and to let you understand that what priviledges in the New Testament are acknowledged to be due to Heathen Princes and what prerogatives the spirit of God hath in the Old Testament warranted unto the Jewish Kings and what the universal Law of Nature hath established upon all the supreme Governours do all of them appertain by unquestionable right unto his most sacred Majesty and yet His Majesty out of His incomparable goodnesse insisteth not to challenge all these but vouchsafeth to accept of those Rights and Prerogatives which are undoubtedly afforded him by the Lawes of His own Lands and these come farre short scarce the moity of the other because we know if our Historians have not deceived me how many of them were obtained by little better then by force and violence compelling Kings to consent unto them whereas Lawes should be of a freer nature And therefore of all the Nations round about us besides that God hath intrusted Him with us all we have most reason to intrust him and to give credit unto his Majesties many Protestations too high to be forgotten by him or misdoubted by us for his resolution to maintain the Liberty of his Subjects the just Priviledges of Parliaments and the true established Religion in the Kingdome of England and likewise to rule over us according to our Laws in this Realm of Ireland And we have least reason to rebell and take arms against him and therefore let us not be perswaded by any means by any man to do it because God will preserve his annointed and will as you see plague the Rebels but let us pray for our King and praise God night and day that he which might have given us a bramble not only to tear our flesh but also to set us all on fire hath given us such a Cedar such a gracious and a pious King and if either forreign foes or domestique Rebels do presse him so that he hath need of us let us adde our help and hazard our lives to defend and protect him that protecteth us and suffereth all for the protection of Gods service as it was established in the purest time of Reformation and for the preservation of our Laws from any corrupt interpretation or arbitrary invasion upon them by those factious men that under fair yet false pretences have with wondrous subtilty and with most subtle hypocrisie seduced so many simple men to partake with them not onely to overthrow the true Religion to imbase the Church of Christ that hitherto hath continued glorious in this Nation and by trampling the most learned under feet to reduce Popery into this Kingdom and to bring in Atheism or Barbarism into our Pulpits when they make their Coach-men and Trades-men like Jeroboam's Priests the basest of the people to become their Trencher-Chaplains and the teachers of those poor sheep for whom the Son of God hath shed his precious blood but also to change the well-setled government and to subvert the whole fabrick of this famous Common-wealth either by their tyranny or bringing all into an Anarchie for if we have any regard of any of these things either true Religion or ancient Government a gracious King and a learned Clergy a glorious Church and a flourishing Kingdom we ought not to spare our goods or be niggards in our contributions to help his Majesty yea as Debora saith To help the Lord against the mighty Or if we be cold and carelesse herein penurious and tenacious of our worldly pelfe preferring our gold before our God or fearing gracelesse Rebels more then we love our gracious King It may fall out as Saint Augustine saith Quod non capit Christus rapit fiscus or as it did with the Carthaginians who because they would not assist Hanniball with some reasonable proportion of their estates they lost all unto the Romans and with the Constantinopolitans that for denying a little to Paleologus lost all unto the Turkes so we may be robbed and pillaged of all because we would not part with some and I had rather the King should have all I have then that the Rebels should have any part thereof Therefore I hope I shall perswade all good men to honour God with their riches and to assist His Majesty to the uttermost of their powers even to the hazard and to the losse both of liberty and life And doing this our God which is the King of Kings will blesse us and defend us from all evill and make us Kings and Priests to live with him for ever and ever through Jesus Christ our Lord To whom with the Father and the Holy Spirit be all praise and glory and dominion from henceforth for evermore Amen Amen Hester 4.16 If I perish I perish Yet Esdras 4.41 The truth is great and will prevail Jehovae Liberatori TO THE KINGS Most Excellent MAJESTY Most Gracious Sovereign THough the wisest man in all the Kingdom of Persia saith Great is the truth and stronger then all things Yet the father of lies hath now plaid his part so well that as the Prophet saith Truth is fallen in the Street and Equity cannot enter in And your Majesty whom the God of Truth hath anointed his sole Vicegerent to be the Supreme Protector of them both in all your Dominions hath accordingly lifted up your Standard against their Enemies and I may truly say of you as Menevensis saith of that most Noble King Alfred Si modò victor erat ad crastina bella pavebat Si modò victus erat ad crastina bella parabat Neither do I believe that Lucan's Verse can be applied to any man better than to your Majesty Non te videre superbum Prospera fatorum nec fractum adversa videbunt As the height of your glory and prosperity never swelled your Pious heart so your greatest crosses and adversities never dejected your Royal spirit But as the Prophet saith of
all these points are taught by every one of their Teachers but that all these and many more are taught and maintained by some one or other of them as I could easily expresse it if it were not too tedious for my Reader but the bulk of my Book swells too big and their fancies are but Dreams fit for laughter and I brought these onely as Vinegar to be tasted and then to be spit out again CHAP. X. Sheweth the great Bug-bears that affrighted this Faction the four speciall means they used to secure themselves the manifold lyes they raised against the King and the two speciall Questions that are discussed about Papists 5. The setling of the Militia 5. FOr the setling of the Militia and putting the whole Kingdom in a posture of Defence as they termed it 1. They dreamed of a desperate Disease 2. They devised an Emperical way to cure it and 1. The disease 1. The Disease was a monstrous fear of Popery and the re-establishment of abolished superstitions in our Church to invade their consciences and of the Papists with fire and sword to waste their estates and to take away their lives and liberties and through that groundlesse fear they looked on the innocent Ceremonies that were established in the Church as dangerous Innovations and introductions to Idolatry And in the State they feared the practised wayes and endeavours to produce an arbitrary government by our advancing of a boundlesse Prerogative even to the dispoyling of the Subject of his property and robbing him of the benefit of the laws these were their fears And the grounds of these fears were lying fictions and most scandalous detractions and defamations for their invented Letters that should come from Holland and from Denmark and some other places beyond the Seas where we were better believe them then go try whether they were true which informed them sometimes of a Fleet of Danes sometimes of another Nation that should come to assist the King for the setting up of Popery and the securing of himself in a tyrannical and arbitrary government over them What terrible things frighted them and every day almost produced a discovery of new treacheries against the Parliament what terrible things frighted them as the stable of Horses under ground for indeed they were invisible Horses such as Elisha's servant saw terrifying their guilty consciences and that of the Taylors in Moor-fields and the like horrid machinations that were to come against them I know not from whom and God knowes from whence which things how false they were time which is the mother of truth hath long agone made manifest and ridiculous to any man that is not bewitched with these lying fancies therefore lest these dreams of their distempered brains should be too soon descryed and so prove defective to produce their intended project they alledge The Queen is a Papist and I would to God they were so truly religious and void of hypocrisie in their profession as she most gracious Queen is in her religion then they say The Bishops are all Papists Deans and Prebends are of the same stamp and all the Kings Chapleins that were preferred by the Arch-Bishop were either close Papists or profest Arminians which are but Cosen-germans unto the other Arminianism being but a Bridge to passe over unto Popery And with these and the like false slanders against the King Queen and Clergy they so bewitched most of their well meaning brethren of the same house and amazed all the simpler sort of people of this Kingdom with these fears and filled them with such jealousies with those Pamphlets that they caused to be printed and dispersed every where that they were at their wits end for fear of this lamentable alteration of their religion and deprivation of their liberties 2. The disease being thus spread like a Gangrene 2. The Cure over all the parts of the body of this Kingdom they like skilful Physitians devise the cure and that is the preparation of a Militia and this Militia they would have put into such hands as they pleased such as they might confide in and I wish the whole Kingdom knew who those men were and who they are that they do confide in for I know 1. Some of them are poor men of most desperate fortunes if Bank-rupters may be termed such 2. Others to be most factious and schismatical men addicted to Anabaptism and Brownism and other worser Sects as amongst the London Commanders Ven Manwaring Fowke Nâ—rington Bradly Best and the rest whereof there are twice as many schismatical and as it is conceived beggarly Sectaries as are right honest men among them and if we looked among their Lords and all the rest of their nomination throughout the Kingdom I doubt we shall find some of them to be just of the same condition And because the King to whose care and trust God had committed all the people of this Kingdom and not to them that are called by the King and chosen onely by men and that onely for this time and of whom he will require an account of the laws and religion whereof he made him keeper and defender and not of them thought most rightly that this Militia should be committed rather to such men as he might confide in as it was in the raign of Queen Elizabeth and His Father of ever blessed memory rather than to any that they should name which was to dis-robe himself of all his regal power of the chiefest garland of his royal Prerogatives without which he could hold his Crown by no better a tenure then durante beneplacito and to put the sword out of his own hand into the hands of them that could not love him because they could not trust him as they alledged and what reason had he to trust them that were causelesly so distrustful of him they startled at this deniall And because the King of heaven had by this time opened the Kings eys God openeth the Kings eyes to let him see what hitherto he could hardly imagine that these men to whom he had granted for the good of his kingdom so many Acts of grace and favour as never any King of England did before and had very graciously offered to commit to the hands of their own choosing so large a share of the Militia as might have rendred the whole kingdom most secure if security in a just and legall way had been all that they sought for had their intentions far otherwise then they pretended and that not onely the government of the Church was intended to be altered and the Governours thereof destroyed but himself also was hereby dis-robed of those rights which God and the Lawes of the Land had put into his hands and the Kingdom brought either into a base Tyranny or confused Anarchy when all things shall be done according to the arbitrary power of these factious and schismatical men therefore he utterly refused to grant their desires and most wisely withstood their
contrary to the practice of all former Parliaments and contrary to the Honour of any Parliament things were herein debated and carried not by strength of argument but by the most voices and the greater number were so far from understanding the validity of the alleadged Reasons that after the Votes passed they scarce conceived the state of the Question but thought it enough to be Clerks to Master Pym and to say Amen to Master Hampden by an implicite faith 3. When they deny the Members of their House or any other imployed by them in this horrid Rebellion should be questioned for Felony Treason 3. Denying their Members to be legally tried for any capital Crime Vide Dyer p. 59. 60. Crompton 8. b. 9 10 11. Elism post-nati 20 21. The viewer p. 43. Murder or the like capital Crimes but only in Parliament or at least by the leave of that House whereof they are Members or which doth imploy them for by this means any Member of their House may be a Traitor or a Murderer or a Robber whensoever he please and may easily escape before the party wronged or complainant can obtain this leave of the House of Commons and therefore this is as unreasonable and as sensless a Priviledge as ever was challenged and was never heard of till this Parliament For why should any man refuse his Tryal or the House deny their Members to the justice of the Law when as the deniall of them to be tryed by the Law implyeth a doubt in us of the innocency of those whom we will not submit to justice and their Tryal would make them live gloriously hereafter if they were found innocent and move the King to deliver those men that had so wickedly conspired their destruction to the like censure of the Law But for them to cry out The King is mis-informed and we dare not trust our selves upon a Tryal may be a way to preserve their safety but with the losse of their reputation and perhaps the destruction of many thousands of people If they say They are contented to be tried but by their own House which in the time of Parliament is the highest Court of justice It may be answered said a plain Rustick with the old Proverb Ask my fellow if I be a Thief For mine own part I reverence the justice of a Parliament in all other judgements betwixt party and party yea betwixt the King and any other Subject yet when the party accused shall be judged by his own Society his Brethren and his own Faction I believe any indifferent Judge would see this to be too great partiality against the King that he shall not have those whom he accuseth to be tried by the Laws already established and the ordinary course of Justice and if the Judges offend in their Sentence the Parliament hath full power undenied them by his Majesty to question and to punish those Judges as they did for that too palpable in justice as they conceived in the case of the Ship money but they will be judged by themselves and all that dissent from them must be at their mercy or destruction And yet it is said to be evident That no Priviledge can have its ground or commencement unlesse it be by Statute Grant or Prescription And by the Stat. 26. Hen. 8. cap. 13. it is enacted That no offender in any kind of high Treason shall have the priviledge of any manner of Sanctuary So all the Grants of such a priviledge if any such should be made are meerly void 1 Hen. 7. Staffords case and not one Instance could hitherto be produced whereby such a Priviledge was either allowed or claimed but the contrary most clearly proved by his Majesty out of Wentworths case And therefore seeing your own Law-books tell us That the Priviledge of Parliament doth not extend to Treason the breach of the Peace and as some think against the Kings debt it is apparent how grossely they do abuse the People by this claim of the Priviledge of Parliament 4. 4. Conniving with their Faction for any fault When they connive with their own compeers for any breach of priviledge as with Master Whitakers for searching Master Hampdens pockets and taking away his papers immediately after the abrupt breaking up of the last unhappy Parliament and those that discovered the names of them that differed in opinion from the rest of the Faction in the business of the Earl of Straffords and specially with that rabble of Brownists and Anabaptists which with unheard-of impudency durst ask that question publickly at the Bar Who they were that opposed the well-affected party in that House as if they meant to be eeven with them whosoever they were And likewise that unruly multitude of zealous Sectaries that were sent as I find it by Captain Ven and Isaac Pennington to cry Justice Justice Justice and No Bishops no Bishops and this to terrifie some of the Lords from the House and to awe the rest that should remain in the House as they had formerly done in the case of the Earl of Strafford and when others that they like not are for the least breach of pretended Priviledge either imprisoned or expelled for I assure my self there cannot be higher breaches of Priviledges than these be nor greater stains to obscure the Honour and vilifie the repute of this Parliament 5. The ingaging one another in civil causes 5. When there is such siding and ingaging one another in civil causes that they may be conglutinated together for their great Design to do things not according unto Justice but for their own ends contrary to all right and their favour is scarce worth the charge of attendance to them that speed best by their Ordinances but the complaint is that m n have the greatest injuries done them in this that themselves call the highest Court of Justice which others say hath now justified all other inferiour Courts and made all unrighteous Judges most just 6. The surreptitious carrying of businesses 6. When as we have been informed a matter of the greatest importance hath been debated and put unto the question and upon the question determined and the Bill once and again rejected yet at another time even the third time when the Faction had prepared the House for their own purpose and knew they could carry it by most voices the same question hath been resumed and determined quite contrary to the former determination when the House was more orderly convened as it is said they did to passe the Ordinance for the Militia which many men dare avouch to their faces to be no Priviledge of Parliament but a great abuse of their fellow-Members and a greater injury unto all their fellow-Subjects 7. Their partiall questioning of some men and no questioning of some others 7. When the elections of some of their Members have been questioned and others have been accused for no lesse than capital Crimes as Master Griffith was yet if these men
yet they compell us to obey their Orders in a stricter manner than usually we are injoyned by Law and this course to make such binding Ordinances as they do to carry the force though not the name of an Act of Parliament or a Law is a mighty abuse of our Laws and Liberties for Sir Edward Cook tells us plainly That as the constitution of our Government now standeth neither the House of Commons and King L. Cook in the Preface of the Stat. of Westminster the second Lamberts Archeion 271. can make any binding Law when the Peers dissent nor the Lords and King when the Commonalty dissenteth nor yet both Houses without the Kings consent but all three King Peers and Commons must agree before any coactive Law can be composed Nay more it is sufficiently proved that Dare jus populo or the legislative power being one principall end of Regall Authority was in Kings by the Law of Nature while they governed the people by naturall equity long before municipall Laws or Parliaments had any beeing For as the Poet saith Remo cum fratre Quirinus Jura dabat populo Hoc Priami gestamen erat cum jura vocatis More daret populis Because this was the custom of the Kings of Scythia Assyria Aegypt c. long before Moses and Pharonaeus when Municipall Laws first began to give Laws unto their people according to the Rules of Naturall equity which by the Law of Nature they were all bound to observe And though some Kings did graciously yield and by their voluntary oathes for themselves and their successors bind themselves may times to stricter limits than were absolutely requisite as William Rufus King Stephen Henry the fourth Richard the third and the like granted many Priviledges perhaps to gain the favour of their Subjects against those which likely had a better Title to the Crown than themselves or it may be to satisfie their people as the guerdon or compensation for the sufferance of some fore-passed grievances as Henry the first Edward the second Richard the second and the like yet these limitations being agreeable to equity and consistent with Royalty and not forcibly extracted ought in all truth and reason to be observed by them And hence it is that the Kings of this Realm according to the oathes and promises which they made at their Coronation can never give nor repeal any Law but with the assent of the Peers and People But though they have thus yielded to make no Laws nor to repeal any Laws without them yet this voluntary concession of so much grace unto the people doth no waies translate the legislative power from the King unto his assistants but that it is formaliter and subjectivè still in the King and not in them else would the government of this Kingdom be an Aristocracy or Democracy and not a Monarchy because the Supreme power of making and repealing Laws and Governing or judging decisively according to those Laws are two of those three things that give being to each one of these three sorts of Government Therefore the King of England Cassan in cata◠gloria mundi 2 2 Ed. 3. 3. pl. 25. Vid. The view of a Printed book intituled Observations c. Where this point is proved at large p. 18 19 21 22. being an absolute Monarch in his own Kingdom as Cassaneus saith and no man can deny it the Legislative power must needs reside solely in the King ut in subjecto proprio and the consent of the Lords and Commons is no sharing of that power but only a condition yielded to be observed by the King in the use of that power and so both the Oath of Supremacy and the form of all our ancient Statutes wherein the King speaks as the Law-maker do most evidently prove the same unto us Le Roy voit Neither durst any Subjects in former times either assume such a power unto themselves or deny the same unto their King for you may find how the House of Commons denying to pass the Bill for the Pardon of the Clergy which Henry the 8th granted them when they were all charged to be in a Premunire unless themselves also might be included within the pardon received this answer from the King that He was their Soveraign Lord and would not be compelled to shew his mercy nor indeed could they compel him to any thing else but seeing they went about to restrain him of his Liberty he would grant a pardon unto his Clergy by his great Seal without them though afterwards of his own accord he signed their pardon also which brought great commendation to his judgment Sir Rich. Baker in vita Hen. 8. to deny it at first when it was demanded as a right and to grant it afterward when it was received as of grace And yet the denyal of their assent unto the King is more equitable to them and less derogatory to him then to make orders without him And this manner of compulsion to shew grace unto themselves is more tolerable than to force him to disgrace and displace his most faithful servants only because others cannot confide in them when no criminal charge is laid against them And therefore for the Lords and Commons to make Orders and Ordinances without the King and in opposition to the King is a meer usurpation of the Regal power a nullifying of the Kings power and a making of the Royal assent which heretofore gave life to every Law to be an empty piece of formality which is indeed an intolerable arrogancy in the contrivers of these Orders and the makers of these Ordinances a monstrous abuse of the Subjects and a plain making of our good King to be somewhat like him in the Comedy A King and no King And whereas no Subject yea under favour be it spoken nor the King himself after he hath taken his Oath at his Coronation is free from the observation of the established Laws yet they make themselves so far above the reach of Law that they freed him which the Lord chief Justice Bramston had committed to Newgate for felony in stealing the Countess of Rivers goods they hindered all men as we found in their journal from proceeding against Sir Thomas Dawes they injoyned the Judges by their Orders to forbear to proceed in their ordinary courses in the Courts of Justice contrary to the Oathes of those Judges and some Parliament-men came to the Bench to forbid the Judges to grant Habeas Corpus's which is as great an iniquity and as apparent an injustice as ever was done by any Parliament The most abominable wickedness of these factious Rebels And that which is a Note above Ela above all that could be spoken whereas the Law of God and man the bonds and obligations of Civility and Christianity tye us all to be dutiful and obedient unto our King in all things either Actively or Passively and no wayes for no cause violently to resist him under the greatest penalties that can be
You to be wrested out of Your hand by these uncircumcised Philistines these ungracious Rebels and the Vessels of God's 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 Majesty standing in the truth and for the right for the honour of God and the Church of his Son 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 maintain his own cause and by this war that is so undutifully so unjustly made against Your Majesty so Giant-like fought against Heaven to overthrow the true Church You shall be glorious like King David that was a man of War whose dear son raised a dangerous rebellion against him and in whose reign so much bloud was spilt and yet notwithstanding these distempers in his Dominion he was a man according to God's own heart especially because that from α to ω * As in the beginning by reducing the Ark from the Philistins throughout the midst by setling the service of the Tabernacle in the ending by his resolution to build leaving such a treasure for the erecting of the Temple the beginning of his reign to the end of his life his chiefest endeavour was to promote the service and protect the servants of the Tabernacle the Ministers of God's Church God Almighty so continue Your Majesty bless You and protect You in all Your wayes Your vertuous pious Queen and all Your royal Progeny Which is the dayly prayer of The most faithful to Your Majesty GRYFFITH OSSORY THE RIGHTS OF KINGS Both in CHURCH STATE And The Wickednesses of this Pretended PARLIAMENT Manifested and Proved CHAP. I. Sheweth who are the fittest to set down the Rights which God granted unto Kings what causeth men to rebell the parts considerable in S. Peter's words 1 Pet. ii 17. in fine How Kings honoured the Clergie the fair but most false pretences of the refractary Faction what they chiefly aime at and their malice to Episcopacie and Royaltie IT was not unwisely said by Ocham that great Scholeman to a great Emperour which M. Luther said also to the Duke of Saxonie Tu protege me gladio Guliel Ocham Ludov. 4. ego defendam te calamo do you defend me with your Sword and I will maintain your Right with my Pen for God hath committed the Sword into the hand of the King and His hand which beareth not the Sword in vain Rom. 13. v. 4 knoweth how to use the Sword better than the Preacher and the King may better make good His Rights by the Sword then by the Pen which having once blotted His papers with mistakes and concessions more then due though they should be never so small if granted further than the truth would permit as I fear some have done in some particulars yet they cannot so easily be scraped away by the sharpest sword and God ordered the divine tongue and learned Scribe to be the pens of a ready Writer and thereby to display the duties and to justifie the Rights of Kings and if they fail in either part The Divine best to set down the Rights of kings the King needeth neither to performe what undue Offices they impose upon him nor to let pass those just honours they omit to yield unto him but he may justly claime his due Rights and either retain them or regain them by his Sword which the Scribe either wilfully omitted or ignorantly neglected to ascribe unto him or else maliciously endeavoured as the most impudent and rebellious Sectaries of our time have most virulently done to abstract them from him And seeing the Crown is set upon the head of every Christian King and the Scepter of Government is put into his hand by a threefold Law 1. Of Nature that is common to all 2. Of the Nation that he ruleth over 3. Of God that is over all As Every Christian king established by a threefold Law Psal 119. 1. Nature teaching every King to governe his People according to the common rules of honesty and justice 2. The politique constitution of every several State and particular Kingdom shewing how they would have their government to be administred 3. The Law of God which is an undefiled Law and doth infallibly set down what duties are to be performed and what Rights are to be yielded to every King To what end the stories of the kings of Israel and Judah were written Rom. 15.4 for whatsoever things are written of the Kings of Israel and Judah in the holy Scriptures are not onely written for those Kings and the Government of that one Nation but as the Apostle saith They are written for our learning that all Kings and Princes might know thereby how to govern and all Subjects might in like manner by this impartial and most perfect rule understand how to behave themselves in all obedience and loyalty towards their Kings and Governours for he that made man knew he had been better unmade than left without a Government therefore as he ordained those Laws whereby we should live and set down those truths that we should beleive so he settled The ordination of our government as beneficial as our creation and ordained that Government whereby all men in all Nations should be guided and governed as knowing full well that we neither would or could do any of these things right unless he himselfe did set down the same for us therefore though the frowardness of our Nature will neither yield to live according to that Law nor beleive according to that rule nor be governed according to that divine Ordinance which God hath prescribed for us in his Word yet it is most certain that he left us not without a perfect rule and direction for each one of these our faith our life and our government without which government we could neither enjoy the benefits of our life nor scarce reap the fruits of our faith and because it were as good to leave us without Rules Unwritten things most uncertain and without Laws as to live by unwritten Laws which in the vastness of this world would be soon altered corrupted and obliterated therefore God hath written down all these things in the holy Scriptures which though they were delivered to the People of the Jews for the government both of their Church and Kingdom yet were they left with them to be communicated for the use and benefit of all other Nations God being not the God of the Jews onely Rom. 3 29. but of the Gentiles also
Apostle to their own destruction Psal 109 6. when as the Prophet saith Their prayers shall be turned into sin 6. Christ commandeth us to render unto Caesar the things that are Caesars that is 6. To render all his dues unto him as I shall more fully shew hereafter your inward duties of honour love reverence and the like and your outward debts tolls tribute custome c. and the Rebels render none unto him but take all from him and return His Arms 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 parùm est Luke 16.31 if they beleive not Moses neither will they believe if one should arise from the dead and if these things cannot move them then certainly all the world cannot remove them from their Wickedness Yet 3. Quia exempla movent plus quà m praecepta docent 3. All kings should be honoured by the example of all Nations 1 The Israelites 1 In Egypt Exod. 12.37 Exod. 1.9 you shall finde this doctrine practised by the perpetual demeanour of all Nations For 1. If you looke upon the Children of Israel in the Land of Egypt it cannot be denyed but Pharaoh was a wicked king and exercised great cruelty and exceeding tyranny against Gods people yet Moses did not excite the Israelites to take arms against him though they were more in number being six hundred thousand men and abler for strength to make their party good then Pharoah was as the king himself 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 own piety and aggravate king Pharoah's obstinacy and especially magnify Gods glory then their undutiful rebelling could any ways illustrate the least of these 2. Davids demeanour towards Saul is most memorable 2. Under Saul The loyal Subjects belief p. 55. for though as one saith king Saul discovered in part the described manner of such a king as Samuel had foreshewed 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 and Elias that had as good repute with the people 3. Under Ahab 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 illegal commands of a most wicked king 1 Reg. 21.25 that as the Scripture testifieth had sold himself to work wickedness and became the more exceedingly sinful by the provocation of Jezabel his most wicked wife and harlot but he honoured his Soveraignty and feared his Majesty when he fled away from his cruelty And because these are but particular presidents Two examples of the whole Nation under Heathen kings 1. Under Artaxerxes Ezra 1.1 I will name you two observeable examples of the whole Nation 1. When Cyrus made a Decree and his Decree according to the Laws of the Medes and Persians should be unalterable that the Temple of Jerusalem should be re-edified and the adversaries of the Jews obtained a letter from Artaxerxes to prohibit them the people of God submitting themselves to the personal command of the king contrary to that unalterable Law of Cyrus pleaded neither the goodness of the work nor the justness of the cause but yeilded to the kings will and ceased from their work until they obtained a new Licence in the second year 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 trowel 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. When Ahashuerus to satisfie the unjust desire of his proud favorite 2. Under Ahashuerus Hester 3.10 had wickedly decreed and most tyrannically destined all the Nation of the Jewes to a sudden death yet this dutiful people did not undutifully rebel and plead the King was seduced by evil counsel and misguided by proud Haman therefore nature teaching them vim vi pellere to stand upon their own defence they would not submit their necks to his unjust Decree but being versed in God's Lawes and unacquainted with these new devices they return to God and betake themselves to their prayers Hester 8.11 until 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 dutiful unresisting Subjects an example of such piety as would make our Land happy if our zealous generation were but acquainted with the like Religion The author of the Treatise of Monarchy p. 32. But here I know what our Anabaptists Brownist and Puritan will say that I build Castles in the air and lay down my frame without foundation because all Kings are not such as the Kings of Israel and Judah weâ—e as the Kings that God gave unto the Jews and prescribed special Laws both for the Kings to govern and the people to obey them but all other Nations have their own different and several Laws and Constitutions according to which Laws their Kings are tyed to rule and the Subjects bound to obey and no otherwise Henric. Stephaâ— in libello de hac re contendit in omnes respub debere leges Hebraeorum tanquam ab ipso Deo profectas per consequens omnium optimas reduci I answer that indeed it is granted there are several Constitutions of Royalties in several Nations and there may be Regna Laconica conditional and provisional Kingdoms wherein perhaps upon a real breach of some exprest conditions some Magistrates like the Ephori may pronounce a forfeiture as well in the successive as in the elective Kingdoms because as one saith succession is not a new title to more right but a legal continuance of what was first gotten which I can no ways yield unto if you mean it of any Soveraign King because the name of a King doth not always denotate the Soveraign power as the Kings of Lacedaemon though so called yet had no regal 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 regal government ordained by God but either an Aristocratical or Democratical government instituted by the people
finde that all Ages and all Lawes have warranted them to do the same for Solomon displaced Abiathar and placed Sadoc in his room 1. Reg. 2.27 35. Jerem. 26. How all kings and Emperors exercised this power ouer the Church 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 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 do 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 Ecclesiastical 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 Cassian de Incarn l. 1. c. 6. excepting the Jesuites and their sworn Brethren the Presbyterians do most justly ascribe this right and power unto Kings I may truly say with Cassianus that there is no place of audience left for them by whom obedience is not yielded to that which all have agreed upon nor any excuse for those Subjects that assist not their Soveraign 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 tear this prerogative out of the King's hand and place it in the hands of mad men as the Prophet epithets the madness of the people Psal 65.7 How the Disciplinarians rob the king of this right Knox to the Commonalty fol. 49. 50 55. For that furious Knox belched 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 maintain them defend them against all that oppose them and detain 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 lawful to kill wicked Kings which most dangerous and more damnable Doctrine Dean Whittingham affirmeth to be the tenet of the best and most learned of them that were our Disciplinarians But when as true Religion doth command us to obey our Kings whatsoever their Religion is What true religion teacheth us aut agendo aut patiendo either in suffering with patience whatsoever they do impose or in doing with obedience whatsoever they do command Religion can be no warrant for those actions which must remain as the everlasting blemishes of that Religion which either commanded or approved of their doing I am sure all wise men wil detest these Doctrines of Devils and seeing it is an infallible rule that good deserveth then to be accounted evil when it ceaseth to be well done it is apparent that it is no more lawful for private and inferiour persons to usurp 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 forraign kingdome because both are performed by the like usurped authority The old Disciplinarians Yet these were the opinions and practises of former times when Buchanan Knox Cartwright Goodman Gilby Penry Fenner Martin Travers Throgmorton Philips Nichols and the rest of those introducers of Out landish and Genevian Discipline first broached these uncouth and unsufferable tenets in our Land in the Realm of England and Scotland and truely if their opinions had not dispersed themselves like poison throughout all the veines of this Kingdom and infected many of our Nobility and as many of the greatest Cities of this Kingdome as it appeareth by this late unparallel'd rebellion these and the rest of the trayterous authours of those unsavory books 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 memorial should have perished with them But seeing as Saint Chrysostome saith of the Hereticks of his time that although in age they were younger yet in malice they were equal to the antient Hereticks Our rebellious Sectaries far worse then all the former Disciplinarians and as the brood of Serpents though they are of less stature yet in their poyson no less dangerous then their dammes so no more have our new Sectaries our upstart Anabaptists any less wickedness then their first begetters nay we finde it true that as the Poet saith Aetas parentum pejor avis Tulit nos nequiores These young cubbs prove worse then the old foxes for if you compare the Wheles with the wolves our latter Schismaticks with their former Masters I doubt not but you shall finde less learning and more villany less honesty and more subtilty hypocrisy and treachery in Doctor Burges Master Marshal Case Goodwin Burrowes Calamy Perne Hill Cheynel 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 do not onely as Sidonius saith of the like apertè invidere S idon lib. epist abjectè fingere serviliter superbire openly envy the state of the Bishops basely forge lyes against them and servilely swel with the pride of their own conceited sanctity and apparent ignorance but they have also most impudently even in their pulpits slandered the footsteps of Gods Anointed and so brought the abomination of their transgression to stand in the holy place they haue 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 For which their intolerable villanies If I be not deceived in my judgement they of all others above all the Rebels in the kingdom deserve the greatest and severest punishment God of Heaven give them the grace to repent discontented and seditions Sectaries to
directors in all Church causes as it appeareth out of all the fore-cited Authors and all the Histories that do write thereof and Justinian published this Law that when any Ecclesiastical cause or matter was moved his Lay officers should not intermeddle with it but should suffer the Bishops to end the same according to the Canons the words are Si Ecclesiasticum negotium sit nullam communionem habento civiles magistratus cum ea disceptatione sed religiosâ—ssimi Episcopi secundum sacros canones negotio finem imp nunto For the good Emperour knew full well that the Lay Senate neither understood what to determine in the points of faith and the government of Christ's Church nor was ever willing to do any great good or any special favour unto the Shepherds of Christ's flock and the teachers of the true religion because the Son of God had fore-told it that the world should hate us that secular men and Lay Senatours should commonly oppose John 15.19 cross and shew all the spite they can unto the Clergy Matth. 10.16 of whom our Saviour saith Behold I send you forth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as sheep in the midst of wolves Whence this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 great distance between their dispositions being observed it grew into a Proverb that Laici semper infesti sunt Clericis And Doctour Meriton In a Sermon before King James How the Laity love the Clergy A very memorable act Anno. â—9 Eliz. cap. 4. observed this as one of the good favours the Clergie of England found from our Parliaments since the reformation when many men first began to be translated from the seat of the scornefull to sit in Moses chaire and to prescribe Lawes for Christ his Spouse to make an Act that all wandering beggars after their correction by the Constable should be brought to the Minister of the Parish to have their names registred in a Book and the Constable used to give to the Minister 2d for his paines for every one so registred but if he refused or neglected to do it the Statute saith he should be punished five shillings for every one that should be so omitted where besides the honourable office I will not say to make the Minister of Christ a Bedle of the Beggars but a Register of the vagrants you see the punishment of one neglect amounteth to the reward of thirty labours therefore all the Christian Emperours and the wisest Kings considering this great charge that God had laid upon them to make wholesome Lawes and Constitutions for the government of his Church and seeing the inclinations of the Laity would never permit any of these Lay Elders and the Citizens of the world to usurp this authority to be the composers contrivers or assistants in concluding of any Ecclesiastical Law until the fences of God's vineyard were pulled down That the Laity should have no interest in making Laws for the Church and the wilde Boar out of the forrest the audacious presumption of the unruly Commonalty ventured either to govern the Church or to subdue their Prince since which incroachment upon the rights of Kings it hath never succeeded well with the Church of Christ and I dare boldly say it fidenter quia fideliter and the more boldly because most truly the more authority they shall gain herein the less glory shall Christ have from the service of his Church and therefore Be wise ô ye Kings And consider how any new Canons are to be made by our Statute 25 Hen. 8. Ob. But then it may be demanded if this be so Ob. that the Laity hath no right in making Lawes and Decrees for the government of God's Church but that it belongs wholly unto the King to do it with the advice of his Bishops and the rest of his Clergy then how came the Parliament to annul those Canons that were so made by the King and Clergy because they had no vote nor consent in confirming of them Sol. Truely I cannot answer to this Objection Sol. unless I should tell you what the Poet saith Dum furor incursu currenti cede furori Dâ—fficiles aditus impetus omnis habet They weâ—e furiously bent against them and you know furor arma ministrat dum regnant arma si lent leges all Lawes must sleep while Armes prevaile besides you may finde those Canons as if they had been prophetically made fore-saw the increasing strength of Anabaptisme Brownisme Puritanisme most likely to subvert true Protestantisme and therefore were as equally directed against these Sectaries of the left hand as against the Papists on the right hand and I think the whole Kingdom now findes and feels the strength of that virulent Faction and therefore what wonder that they should seek to break all those Canons to pieces and batter them down with their mighty Ordinances for seeking to subdue their invincible errours or else because as they say the Ecclesiastical State is not an independent society but a member of the whole the Parliament was not so to be excluded as that their advice and approbation should not be required to make them obligatory to the rest of the Subjects of the whole Kingdom which claim this priviledge to be tyed to the observation of no humane Lawes that themselves by their representatives have not consented unto 2. As the King is intrusted by God to make Lawes for the government of the Church of Christ so it is a rule without question 2. To grant dispensations of his own Lawes that ejus est dispensare absolvere cujus est condere he hath the like power to dispense with whom he pleaseth and to absolve him that transgresseth as he hath to oblige them therefore our Church being for reformation the most famous throughout all the parts of the Christian world and our King having so just an authority to do the same it is a most impudent scandal full of all malice and ignorance not to be endured by any well-affected Christian that the new brood of the old Anabaptists do lay upon our Church and State that they did very unreasonably and unconscionably by their Lawes grant Dispensations both for Pluralities and Non-residency The scandals of the malicious ignorants against the worthier clergy onely to further the corrupt desires of some few to the infinite wrong of the whole Clergy besides the hazard of many thousands of souls the intolerable dishonour of Gods truth and the exceeding disadvantage of Christ his Church for seeing God hath principally committed and primarily commended the care of his Church and service unto Kings who are therefore to make Laws and Orders for the well governing of the same iâ— shall make it most evident that they may as they have ever done most lawfully and more beneficially both for Gods Church and also for the Common-wealth do these three things Three special points handled 1. To grant that grace and favour unto their Bishops and other Ecclesiastical persons as to
not simply Subjects unto their king but deny civil obedience unto their Prince where canonical obedience commands the contrary and you see how the Presbytery not only deny their just allegeance but incite the people to unjust Rebellion but the Bishops and their Clergy renounce all obedience to any other Potentate and anathematize as utterly unlawful all resistance against our lawful Soveraigne and in this hearty adherence to His Majesty as they are wholly his so they do exspect favour from none but onely from His Highness and yet Philip the second of Spaine notwithstanding he had but half the obedience of his Clergy advised his son Philip the third to stick fast unto his Bishops even as he had done before him therefore our king that hath his Bishops so totally faithful unto him hath more reason to succour them that they be not no◠the object of contempt unto the vulgar Reason 3 3. The state of the Clergy is constantly and most really to their power the most beneficial state to the Crown both in ordinary and extraordinary revenues of all others for though their meanes is much impaired and their charges encreased in many things yet if you consider their first fruits the first year their Tenths every year Subsidies most years and all other due and necessary payments to the king I may boldly say that computatis computandis no state in England of double their revenue scarce renders half their payments and now in the kings necessity for the defence of Church and Crown Or else they are much to blame and far unworthy to be Bishops I hope my Brethren the Bishops and all the rest of the loyal Clergy will rather empty themselves of all they have and put it to His Majesties hands then suffer him to want what lyeth in them during all the time of these occasions Reason 4 4. They bestow all their labours in Gods service continually praying for blessings upon the head of His Majesty and his posterity and next under god relying onely upon His favour and protection Reason 5 5. God hath laid this charge upon all Christian kings to be our nursing fathers and to defend the faith that we preach Esay 49.33 which cannot be done when the Bishops and Prelates are not protected and God hath promised to bless them so long as they discharge this duty and hath threatned to forsake them when they forsake his Church and leave the same as a prey to the adversaries of the Gospel Reason 6 6. Our king hath like a pious and a gracious King at his Coronation promised and engaged himself to do all this that is desired of him And as for these and other reasons His Majesty should so we do acknowledge with all thankefulness that he hath and doth His best endeavour to discharge this whole duty Quia non plus valet ad dejiciendumterrena mala◠quà m ad erigendum divina tutela Cypr. and do beleive with all confidence that maugre all open opposition and all secret insinuation against us He will in like manner continue his grace and favour unto the Church and Church governours unto the end And if any whosoever they be how great or how powerful soever either in kingdome or in Court shall seeke to alienate the Kings heart or diminish His affection and furtherance to protect and promote the publishers of the Gospel which we are confident all their malice cannot do because the God of Heaven that hath built his Church upon a rock and will not turn away his face from his Anointed will so bless our King that it shall never be with him as it was with Zedechia when it was not in his power to save Gods Prophet but said unto his Princes Jerem. 28.5 Behold he is in your hand for the King is not he that can do any thing against you yet as Mordecai said to Hester God will send enlargement and deliverance unto his Church Hester 4.14 and they and their fathers houses that are against it shall be destroyed because as Saint Peter saith we have forsaken all to become his servants that otherwise might have served Kings with the like honour that they do and we have lest the world to build up his Church we put our trust under the shadow of his wings and being in trouble we do cry unto the Lord and therefore he will hear our cry and will helpe us and we shall never be confounded Amen CHAP. X. Sheweth that it is the Kings right to grant Dispensatious for Pluralities and Non-residency what Dispensation is reasons for it to tolerate divers Sects or sorts of Religions the foure special sorts of false professors S. Augustines reasons for the toleration of the Jewes toleration of Papists and of Puritans and which of them deserve best to be tolerated among the Protestants and how any Sect is to be tolerated 2. That the King may lawfully grant his dispensation for Pluralities and Non-residency 2. WHereas the Anabaptists and Brownists of our time with what conscience I know not cry out that our Kings by their Lawes do unreasonably and unconscionably grant dispensations both for Pluralities and Non-residency onely to further the corrupt desire of some few aspiring Prelates to the infinite wrong of the whole Clergy the intolerable dishonour of our Religion the exceeding prejudice of Gods Church and the lamentable hazard of many thousand soules I say that the Pluralities and Non-residency granted by the King and warranted by the Lawes of this Land In Anno 112. may finde sufficient reasons to justifie them for In Anno 636. if you consider the first limitation of Benefices that either Euaristus Bishop of Rome or Dionysius as others thinke did first assigne the precincts of Parishes The first distribution of Parishes and appointed a certain compass to every Presbyter and in this Kingdome Honorius Arch-bishop of Canterbury was the first that did the like appointed the Pastorall charge and the portion of meanes accrewing from that compass to this or that particular person whereas before for many years they had no particular charge assigned nor any Benefice allotted them but had their Canonicall pensions and dividents given them by the Bishop out of the common stock of the Church according as the Bishop saw their severall deserts for at first the greater Cities onely had their standing Pastors and then the Countrey Villages imitating the Cities to allow maintenance according to the abilities of the inhabitants had men of lesser learning appointed for those places Pluralities and Non-residency no transgression of Gods Law Therefore this limitation of particular Parishes being meerly positive and an humane constitution it cannot be the transgression of a divine ordinance to have more Parishes then one or to be absent from that one which is allotted to him when he is dispenced with by the Law-maker to do the same for as it is not lawfull without a dispensation to do either because we are to obey
every ordinance of the higher power for the Lords sake so for the higher power to dispence with both Gods Law admitteth an interpretation not a dispensation of it is most agreeable to reason and Gods truth for all our Lawes are either divine or humane and in the divine Law though we allow of interpretation quia non sermoni res sed rei sermo debet esse subjectus because the words must be applyed to the matter else we may fall into the heresie of those that as Alfonsus de Castro saith held it unlawfull upon any occasion to sweare because our Saviour saith sweare not at all yet no man King nor Pope hath power to grant any dispensation for the least breach of the least precept of Gods Law he cannot dispence with the doing of that which God forbiddeth to be done nor with the omitting of that which God commandeth but in all humane Lawes Mans Law may be dispensed with so far as they are meerly positive and humane it is in the power of their makers to dispence with them and so quicquid fit dispensatione superioris non fit contra praeceptum superioris and he sinneth neither against the Law nor against his own conscience because he is delivered from the obligation of that Law by the same authority whereby he stood bound unto it And as he that is dispensed with is free from all sin so the King which is the dispenser is as free from all fault as having full right and power to grant His dispensations For seeing that all humane Lawes are the conclusions of the Law of nature or the evidences of humane reason shewing what things are most beneficiall to any society either the Church or Common-wealth and that experience teacheth us our reason groweth often from an imperfection to be more perfect when time produceth more light unto us we cannot in reason deny an abrogation and dispensation to all humane Lawes which therefore ought not to be like the Lawes of the Medes and Persians that might not be changed Aug. de libero arbit l. 1. and so Saint Augustine saith Lex humana quamvis justa sit commutari tamen pro tempore juste potest any humane Law though it be never so just yet for the time as occasion requireth may be justly changed dispensatio est juris communis relaxatio facta cum causâ— cognitione ab eo Dispensation what it is qui jus habet dispensandi and as the Civilians say a dispensation is the relaxation of common right granted upon the knowledge of the cause by him that hath the power of dispensing or as the etymologie of the word beareth dispensare est diversa pensare The reward of learning and vertue how to be rendered to dispense is to render different rewards and the reward of learning or of any other virtue either in the civill or the ecclesiasticall person being to be rendered as one saith not by an Arithmeticall but a Geometricall proportion and the division of Parishes being as I said before a positive humane Law it cannot be denyed but the giver of honour and the bestower of rewards which is the King hath the sole power and right to dispose how much shall be given to this or that particular person If you say the Law of the King Ob. which is made by the advice of his whole Parliament hath already determined what portion is fit for every one and what service is required from him I answer that the voice of equity and justice tells us Sol. that a generall Law doth never derogate from a speciall priviledge or that a priviledge is not opposite to the principles of common right and where the Law it selfe gives this priviledge as our Law doth it yet envy it selfe can never deny this right unto the King to grant his dispensation whensoever he seeth occasion and where the Law is tacite and faith nothing of any priviledge yet seeing in all Lawes The end of every Law is chiefly to be respected as in all other actions the end is the marke that is aimed at and this end is no other then the publique good of any society for which the Law is made if the King which is the sole Law-maker so as I shewed in my Discovery of Mysteries seeth this publique good better procured by granting dispensations to some particular men doth he not performe thereby what the Law intendeth and no wayes breake the Law of common right as if a mans absence from his proper Cure should be more beneficiall to the whole Church Reasons of dispensations then his residence upon his Charge could possibly be as when his absence may be either for the recovery of his health or to discharge the Kings Embassage or to do his best to confute Heretiques or to pacifie Schismes or to consult about the Church affaires or some other urgent cause that the Law never dreamt of when it was in making shall not the King whom the Lawes have intrusted with the examination of these things and to whom the principal care of Religion and the charge of all the People is committed by God himselfe and the power of executing his own Lawes have power to grant his dispensations for the same Certainly they that would perswade the world that all Lawes must have such force that all dispensations are transgressions of them as if generall rules should have no exceptions would manacle the Kings hands and binde his power in the chaines of their crooked wills that he should not be able to do that good which God and Right and Law it selfe do give him leave and their envy towards other mens grace How God doth diversly bestow his gifts Matth. 25.15 Gen. 43.34 is a great deale more then either the grace of humility or the love of truth in them for doth not God give five talents to some of his servants when he gives but one to some others and did not Joseph make Benjamins messe five times so much as any of his brethren's and have not some Lords six or eight or ten thousand pounds a year and some very good men in the Common-wealth and perhaps higher in God's favour not ten pounds a year and shall not the King double the reward of them that deserve it in the Church of God or shall he be so curbed and manacled that he shall neither alter nor dispense with his own Law though it be for the greater glory unto God and the greater benefit both to the Church and Common-wealth Besides who can deny but that some mens merits virtue paines and learning are more worthy of two Benefices then many others are of one and when in his younger time he is possessed of a small Benefice he may perchance afterwards when his years deserve better far easier obtain another little one to keep with it then get what I dare assure you he would desire much rather * For who would not rather chuse one Living of an
100 l. a year then two of 50 l. a piece one Living of equall value to them both and shall the unlearned zeal of an envious minde so far prejudice a worthy man that the King 's lawful right shall be censured and his power questioned and clipped or traduced by this ignorant Zelot I will blesse my self from them and maintain it before all the world that the King's dispensations for Pluralities Non-residency and the like Priviledges not repugnant to common right are not against Law nor the giving or taking of them upon just causes against conscience but what the violence of this viperous brood proclaimeth an intolerable offence we dare warrant both with good reason and true Divinity to be no sin no fault at all but an undoubted portion of the King 's right for the greater benefit both of the Church and State and the greater glory unto God himself The Author's Petition to His Majesty And therefore most gracious King we humbly desire your Majesty suffer not these children of Apollyon to pull this flower out of your Royal Crown to abridge you of your just right of granting dispensations for Pluralities and Non-residency which the Lawes of your Land do yet allow you and which they labour to annul to darken the glory of God's Church and to bring your Clergy by depriving them of their meanes and honour into contempt lest that when by one and one they have robbed you of all your rights they will fairly salute you as the Jews did Christ Haile King of the Jewes when God knows they hated him and stript him of all power I speak not of his Divinity either to govern them or to save himself 3. The toleration of divers Sects and sorts of religions 3. As the King hath right and power to grant his dispensations both of grace and of justice of grace when it is merely of the King ' Princely favour as in legitimations and the like and of justice when the King findeth a just cause to grant it so likewise it is in the King's power and right to remit any offence that is the mulct or penalty and to absolve the offender from any or all the transgressions of his own Lawes from the transgression of God's Law neither King nor Pope nor Priest nor any other can formally remit the fault and absolve transgressors but as God is the Law-giver so God alone must be the forgiver of the offence Mar. 2.7 so the Jewes say who can forgive sins but God onely Yet as God which gives the Law can lawfully remit the sin and forgive the breach of the Law As David pardoned Absolon and Solomon Abiathar so the King which makes these positive Lawes cannot be denyed this power to pardon when he seeth cause or is so pleased the offenders of his Lawes as you see they do many times grant their pardons for the most haynous faults and capital crimes as treasons murders felonies and the like and if they may grant their pardons for the breach of the Law and remit the mulct imposed for the transgression thereof it is strange if they should not have right to dispense with whom they please when they see cause from the bond of the Law and therefore we are to discuss how far the King in these Lawes of the Church may give exemptions and tolerations unto them whose consciences cannot submit themselves to the observation of the established Laws Christ biddeth that the â—ares should grow Matth. 13.30 And the Apostle saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 there must be heresies therefore there must be a toleration of divers Sects 1 Cor. 11.19 Four special sorts of false Professors 1. Jewes Whitak against Campian translated by Master Stoke p. 311. With what cautions the Jewes are to be suffered for seeing all men are not of the same faith nor do profess the same Religion and it is the nature of all men to dislike that which themselves will not profess and if opportunity serve to root out that which they dislike it is requisite it should be shewed how far a prudent and a pious Prince may grant a toleration the Law in terminis not forbidding it unto any of these Sects that may be commorant within his Kingdomes Touching which I say that besides dissembling hypocrites and prophane worldlings that have no faith nor any other Religion but the shadow of that Religion whatsoever it is which is profest wheresoever they are there may be in any Kingdome Jewes Turkes Papists Puritans and the like or to call them otherwise Idolaters Hereticks Schismatickes c. And 1. For the Jewes though they have many things in their Religion which will ever alienate them from the Papists yet they have free leave to use their ancient Ceremonies in Rome saith Doctor Whitaker and it is well known that many pious Princes have permitted them to dwell and to exercise their own Religion in this kingdome the old Jury in London is so called because it was allotted for their abode and the Lawes of many Christian Emperours have in like sort permitted them to do the like in their Dominions but with those cautions and limitations that Moses prescribed unto the Jewes to be observed with the Heathens and Idolaters that dwelt amongst them that is neither to make marriages with them nor to communicate with them in their Religion And Saint Augustine is reported to be so favourable towards them that he alleadgeth several reasons for their toleration As 1. That above and before others they had the promise of salvation Deut. 7.3 Exod. 23.32 Doctor Covel c. 14. p. 199. 1 Reason for their toleration Rom. 11.24 25. 2 Reason Psal 59.11 and therefore though some of the branches be cut off and the case of the rest be most lamentable yet not altogether desperate and incurable if we consider what the Apostle setteth down of their conversion and re-unition unto the good right olive tree 2. That the Prophet David speaking of them made that prayer unto God Slay them not O Lord lest my people forget it but scatter them abroad among the Heathen and put them down O Lord our defence for many excellent ends as first that their being scattered among the Christians might shew both the clemency and severity of God towards us mercy and clemency and towards them justice and severity which may likewise happen unto us if we take not heed as the Apostle bids us Be not high minded but fear and secondly Rom. 11.20 We may not force the Jews to beleive that being among the Christians they might the sooner at all times by their charity and prayers be reduced the more willingly to imbrace the faith of Christ when as unwillingly we may neither compel them nor take their children to be baptized from them And therefore as the Princes of this Realm for divers causes hurtful to their State have banished them out of their Dominions so if they see good cause to permit them as time
Canonists and some Jesuites do constantly aver that summum imperium the primary supreme power of this Government is in the Pope 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 absolutely and directly as he is the Vicar of Christ who hath all power given him both in Heaven and earth from whom it is immediately deriued unto his Vicar and from him to all Kings mediately by subordination unto him so Baronius Carerius and others But Bellarmine and the rest of the more moderate Jesuists say that this imperium in reges the Popes power over all Kings and States is but indirectum dominium a power by consequent and indirectly in ordine ad bonum spirituale as the civil State hath relation to Religion and this great Cardinal lest he should seeme fine ratione insanire doth as the Hereticks did in Tertullians time Caedem Scripturarum facere ad materiam suam alleadge two and twenty places of Scripture mis-interpreted to confirme his indirect Divinity and as Petiphars wife he produceth very honest apparel but to prove a very bad cause and therefore attributing to the Pope by the greatness of his learning and the excellency of his wit more then he could justifie with a good conscience he was so far from satisfying the then Pope that he was well nigh resolved to condemne all his works for this one opinion Carerius lib. 1. cap. 5. and Carerius undertooke his confutation ex professo and taxeth him so bitterly that he putteth him inter impios haereticos which he indeed needed not to have done because the difference is onely in the expression when the Pope by this indirect power may take occasion to king and unking whom he pleaseth and do what he will in all Christian States 3. The Anabaptists and Puritans either deny all government 3 Where the Puritans place the Soveraignty Majestas regia sita est magis in populo quam in persona regis Parsons in Dolman with the Fratricelli and all superiority by the title of Christianity as the Author of the Tract of Schisme and Schismaticks or do say that originally it proceedeth and habitually resideth in the people but is cumulatively and communicatively derived f om them unto the King and therefore the people not denuding themselves of their first interest but still retaining the same in the collective body that is in themselves suppletivè if the King in their judgement be defective in the administration or neglect the performance of his duty may question their King for his mis-government dethrone him if they see cause and resuming the collated power into their own hands again may transfer it to any other whom they please Which opinion if it were true would make miserable the condition of all Kings and I believe they first learned it from the Sorbonists The Sorbonists first taught the deposing of Kings and why who to subject the Pope to the community of the faithful say that the chief spiritual power was first committed by Christ unto them and they to preserve the unity of the Church remitted the same communicatively unto the Pope but suppletively not privatively or habitually devesting themselves thereof retaining the same still in themselves if the Pope failed in the faith of the Church and therefore he was not onely censureable but also deposable by the Council if he became an heretique or apostated from the religion of Christ and to make this both the more plausible and probable they alleadged how Kings were thus eligible and likewise deposable by the community of the people for out of this Buchanan saith Romani Pontifices longè regum omnium conditione superiores Buchan de jure regni p. 25 91. legum tamen poenis haud eximuntur sed eos quanquam sacrosanctos Christianis omnibus semper habitos Synodus Basiliensis communi ordinum consensu senatui sacerdotum obnoxios esse pronunciavit that is in brief the Popes are deprivable by the Council So are Kings by the community of the people and so both the Papist and the Puritan do agree to depose their Kings Claudian de 4. Consul Honorii and as the Poet saith Ausus utérque nâ—fas domini respersus utérque Insontis jugulo never a barrel better herring both alike friends to Kings But to this Blackvodaeus answereth most truely that although the Pope should be deprivable by the Council which I am sure neither Pope nor Jesuite will allow yet for divers different reasons betwixt the examples Kings are not deposable by their Subjects especially if you consider the great difference betwixt the Church of Christ that is guided by the Spirit of God and the representation thereof in the flower of her Clergy and a giddyheaded multitude Blac. cap. 23. p. 304. that is led by their unruly and unreasonable passions and are represented by those that either basely bought their Votes as the Consuls and other great men did the votes of the people of Rome or that their partial and most ignorant affection oftentimes without judgement have made choice of ex quo sequitur ut non sit eadem populi potestas in regem quâ— in pontificem est Ecclesiae So that the reason is far unlike But though the Sorbonists to justifie their former tenet The Puritans opinion worse then the Jesuites in two respects were the first broachers of this unjust opinion of the deposition of Kings by the people from whence the Jesuites to subject the King unto the Pope suck't it afterward Yet in two main Respects I finde this tenet as it is held by the Puritans far worse then the doctrine of the Jesuites Respect 1 1. Because some of them say that the people may not restrain the power which they have once transmitted unto the King when the Law of justice doth not permit that Covenants should be repealed or a donation granted shoud be revoked though it were never so prejudiciall to the donor and Bellarmine makes this good by the example of the souldiers that had power to accept or reject their Emperour before he was created Bellar. in tract cont Pat. Paul but being once elected they had no coactive power over him whereas all the Puritanes will make and unmake promise and breake doe and undoe at their pleasure Respect 2 Because the Jesuites permit not the people nor any Peers to depose their King untill the Pope as an indifferent judge deputed by Christ shall approve of the cause and our Sectaries depresse kings so far as to submit them to the weake judgment and extravagant power of the people who to day cry to Gideon raign thou and thy son over us for ever and to morrow joyne with the base son of Jerubbaal and the Sichemites to kill seventy of the Children of Gideon Judges 9. and to create Abimilech to be their king Our Opinion proved Anti-Cav in Os Ossor p. 25 But though the Anti-Cavalier takes it ill that I should affirm that the kings power and right unto his government
powers are not compatible in one State nor allowable in our State the conceit of a mixed Monarchy is but a foppery 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 Monarchy 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 Monarchy 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 Majesty hath promised and we are sure he will performe it to govern his people according to the Lawes of this Land And therefore they that would rob the King of this right They deserve not to live in the Kingdom that diminish the supremacy of the King 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 útque se nihil habere putet qui totum non habeat suam partem corrumpi patiatur dum invidet alienae and therefore the same Homer treating of our humane Government saith Nec multos regnare bonum rex unicus esto 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which Aristotle doth so infinitely commend Arist Metaph. lib. 1. Statius Thebaid lib. 1. where he disputeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and so doth Plato and all the wise Philosophers that followed after because as the Poët saith Summo dulcius unum Stare loco sociÃsque comes discordia regnis And as our own most lamentable experience sheweth what abundance of miseries happened unto our selves by this renting of the King's power and placing it in the hands of the Parliament and his own 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 regal Government the four properties of a just war and how the Parliamentary faction transgresse in every property 4. The chiefest parts of the Regal government which are two Exod. 2.14 4. HAving spoken of those assistants that should further and not hinder the King in the Common-wealth it resteth that I should now speak of the chiefest parts of this government when Moses killed the Aegyptian that wronged the Israelite and the next day said unto the Hebrew that did injure his fellow Wherefore smitest thou him the oppressor answered Who made thee a Prince and a Judge over us 1 Sam. 8.20 2 Sam. 5.2 and the people say unto Samuel we will have a King over us that our King may judge us and go out before us and fight our battails Out of which two places we finde two special parts of the King's government Sigon l. 7. c. 1. 1. Principatum bellorum the charge of the wars in respect whereof the Kings were called Captains as the Lord said unto Samuel concerning Saul Vnges eum ducem 1 Sam. 9.16 thou shalt anoint him to be Captain over my people Israel 1 Reg. 3.9 Psal 72.2 Araisaeus de jure Majest l. 2. c. 1. p. 214. 2. Curam judiciorum the care of all judgments in respect whereof David and Solomon and the other Kings are said to judge the people So Arnisaeus saith Majestatis potestas omnis consistit vel in defendenda repub vel in regenda all the power of royalty consisteth either in defending or in governing the Common-wealth according as Homer describeth a perfect King Homer Iliad γ. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And so you see the two principal parts of the King's government are the Offices 1. Ducis in bello gerendo 2. Judicis in jure reddendo 1. Part. In the time of War Ordo ille naturalis mortalium paci accommodatus hoc poscit ut suscipiendi belli autoritas atque consilium apud principes sit Aug. cont Faust l. 22. Arnis l. 2. c. 5. p. 345. Plato de legib lib. 2. 1. Of a Captain in the time of War 2. Of a Judge in the time of Peace 1. Then it is the proper right of the King and of none but the King or he that hath the regal and supreme power to make war and to conclude peace for Plato in his Common-wealth ordained that Si quis pacem vel bellum fecerit cum aliquibus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the Julian Law adjudgeth him guilty of High Treason Qui injussu principis bellum gesserit delectúmve habuerit exercitum vel comparaverit that either maketh War or raiseth an Army without his Kings command And to this part of the regall government Luc. 14.31.32 Aristot Polit. l. 7. c. 8. which consisteth in the Militia in Armes for the defence of the Kingdome pertaineth 1. The proclaiming of War which our Saviour properly ascribeth unto the right of Kings when he saith not what State or Common-wealth Arnis l. 2. c. 1. but What King going to war with another King c. 2. The concluding of Peace which our Saviour ascribeth also unto the King in the same place 3. The making of leagues and confederacies with other forraigne States 4. The sending and receiving of Ambassadors 5. To raise Armes and the like which the Lawes of God and of all Nations justifie to be the proper right of Kings and to belong onely unto the supreame Majesty But then you will say did not the Judges Moses Joshua Gideon Jephta Judges 11.11 Barac Samson and the rest make war and yet they were no Kings Why then may not the Nobles make war as well as Kings I answer that they do indeed make war and a miserable wretched war but I speak of a just war and so I say that none but the King or he that hath the Kings power can do it for though the Judges assumed not the name of Kings nor Captains sed à potiore parte vocati sunt judices but from the sweetest part of the Royall government were termed Judges yet they had the full power ducendi judicandi populum both of war and peace saith Sigenius and so the men of Gilead said unto Jephthe veni esto princeps noster and they made him their head by an inviolable covenant And of Moses it was plainly said He was King in Jesurun Deut. 33.5 and when there was no Judge it is said there was no King in
as ridiculous the testimony of Justine which saith Populus nullis legibus tenebatur sed arbitria regum pro legibus erant the people were kept under by no Lawes but the will of their Kings was all the Law they had but as oportet mendacem esse memorem so it behoves him that opposeth the truth to be very subtile and very mindful of his own discourse otherwise a meaner Scholler having such advantage as the truth to assist him may easily get the victory for though he goeth about to confute the reason that some alleadge for the denyal of those times to be governed by any Law because the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is not to be found in all Homer but wheresoeuer he speakes of Justice Homer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in hymnis ad Apoll. he expresseth the same by the word Themis and saith that this is false which he proveth from Homers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and sheweth that there were Lawes before Homers time from Talus his Lawes that were written in brasse in the Isle of Crete yet all this may be answered and Justines opinion prove most true Joseph advers Appion l. 51 Plutarch in lib. de Hero for Talus his time must needs be uncertain and by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Homer means the just measure of riming but never useth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for the set Law of living besides there were many ages and many Kings before Homers time and before Talus Minos Radamanthus or any other Law-maker that you read of Moses was the first that I finde either giving Lawes or inventing Letters and yet there were many Kings before Moses nine Kings named in one Chapter Gen. 14.1 2. and what Lawes had they to govern their people besides their own wils and therefore Master Selden vi veritatis victus confesseth that in the first times in the beginning of States there were no Lawes but the arbitrements of Princes as Pomponius speaketh Pompon de origine juris ff l. 1. sect 2. Josephus regnū appellat imperium summum unius hominis non ex lege sed ex arbitrio imperantis Antiquit l. 4. Saravia de imperand autor l. 2. c. 3. Barclaius l. 3. c. 16. Arnis l. 1. c. 3. p. 49. 50. Irvinus cap. 4. p. 64 65. and pag. 4. he saith the people seeing the inconveniences of popular rule chose one Monarch under whose arbitrary rule their happy quiet should be preserved where also you may observe his great mistake in making the Monarchy to spring out of the Democracy when as I have proved before the Monarchicall government was many hundred of years before we heare mention of any other forme of government but in any government Doctor Saravia saith and he saith most truly Quisquis summum obtinet imperium sive is sit unus rex sive pauci nobiles vel ipse populus universus supra omnes leges sunt ratio haec est quòd nemo sibi ferat legem sed subditis suis se legibus nemo adstringit huc accedit illa ratio quòd neque suis legibus teneri possit scil rex cum nemo sit seipso superior nemo à seipso cogi possit leges à superiore tantùm sciscantur dentúrque inferioribus And so Arnisaeus saith and proveth at large Majestatis essentiam consistere in summa absoluta potestate that the being of Majesty and Soveraignty consisteth in the highest and most absolute power And Irvinus alleadgeth many testimonies out of Aristotle Cicero Vlpian Dio Constant Harmenopolus and others to p ove that Rex legibus non subjicitur And 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 Sigon de rep Heb. l. 7. c. 3. Hoc arbitrarium imperium expressit Deus 1 Sam. 8. David Ps 11. Reges eos in virga serrea Idem Ibidem and after the Judges succeeded the Kings quorum potestai atque autoritas multò major ut quae non tam à legibus quà m ab arbitrio voluntate regis profecta sit whose power and authority was far 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 quodam modo superior legibus fuit and was after a sort above the Law undertaking and making Warr pro arbitratu suo according to his own will And in his sixth book he saith the Jewes had three great Courts or Assemblies 1. Their Councell which contained that company Cap. 2. 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 2. Their Synagogue or the meeting of the whole Congregation or people Cap. 3. which no man might convocate but he which had the chiefe rule as Moses Joshua the Judges and the Kings 3. Their standing Senate Cap. 4. Numb 15. Plenum regnum vocatur quo cuncta rex sua voluntate gerit Idem which was appointed of God to be of the seventy 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 own 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 find that the king judged the people two manner of wayes 1. Alone 2. Together with the Elders and Priests 2 Sam. 15 2 6. For it is said that Absolon when any man came to the king for judgment wished that he were made Judge in the Land 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 1 Sam. 8,7 and God said 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 reigned over them because his Law did rule them but the rule and government being translated unto Kings God reigned 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 down to the king legem regendi the Law by which he should governe the people without wronging them and Samuel setteth down to the people legem parâ—â—di the Law by which they should obey the king without resisting him whatsoever he should doe to them Spalat tom 2. fol 251. And other Divines say Haec est potestas legitima non tyrannica nec violenta ideò quando rex propria negotia non possit expedire per proprias res ac servos possit pro negotiis propriis tollere res servos aliorum isto modo dicebat Deus quod pertinebat ad jus regis G. Ocham tract 2. l. 2. c. 25. this is the lawfull and just right of the king Therefore to find 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 own 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 do foure speciall things which are 1. Not to bring the people back 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 Joseph Antiquit l. 4. And Josephus to the same purpose saith Si regis cupiditas vos incesserit is ex eadem gente sit curam omnino gerat justitiae aliarum virtutum caveat verò ne plus legibus aut Deo sapiat nihil autem agat sine Pontificis Senatorúmque sententia which Moses hath not neque nuptiis multis utatur nec copiam pecuniarum equorúmque sectetur quibus partis super leges superbiâ efferatur that is to be a Tyrant Rex Jacobus in his true Law of free Monarchs 2. The words of Samuel are set down 1 Sam. viii 11. to the 18. 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 himself 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 do require because every equivocall word of various signification is not to be taken alike in all places but is to be interpreted secundum materiam subjectam yet the Septuagint that should know both the propriety of the word and the meaning of the Holy Ghost in that place as well as any other 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Apparet nomen juris significare hic potestatem jure soncessam Arnisaeus c. 1. p. 216. translate the word to signifie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and we know the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which the Septuagint useth and jus which the Latine useth is never taken in the worser sence the Scripture never using to call vices by the names of vertues or to give a right to any one to exercise tyranny which then might be better termed jus latronis because an unjust tyrant is no better then an open thiefe 2. There is nothing here set downe by Samuel that is simply forbidden by the Law of God but that any the very best Kings may do as the occasions shall requi e for being a King he must have the royalty of his house supported and the necessities of his war supplied and you may read in Herodotus how Dioces after he was chosen King had all things granted unto him that were needfull to express his royall state and magnificence and here is nothing else in the text for if you marke it the Prophet saith not he should kill their sons nor ravish their wives nor yet take their daughters to be his Concubines which are the properties of a tyrant * Instat terribilis vivis morientibus haeres Virginibus raptor thalamis obscaenus adulter Divit busque dies nox metuenda maritis Quisquis vel locuples pulchra vel conjuge notus Crimini pulsatur falso si crimina desunt Accitus conviva perit mors nulla refugit Artificem Claudian de bello Gildon Bilson diff fol. 356. but he should take them to support his State and to maintain his war which as his necessities require is lawfull for him to do so that it is not the doing of those things but the motives that cause the King to do them or the manner of doing them that do make it either an unjust tyranny or the just right of a King for as Doctor Bilson saith kings may justly command the goods and bodies of all their Subjects in the time both of war and peace for any publique necessity or utility And Hugo de Sancto Victore saith Nunquam possessiones à regia potestate ita elongari possunt quin si ratio postulaverit necessitas illis ipsa potestas debeat patrocinium illis ipsae possessiones debeant in necessitate obsequium And so most Authors say the Subjects ought to supply the kings necessities and he may justly demand what is requisite and necessary for his publique occasions and who shall judge of that necessity but his own conscience and God shall judge that conscience which doth unjustly demand what he hath no reason to require because the greatness of his authority gives him no right to transcend the rules of equity whereof both God and his conscience will be the impartiall Judges And therefore in Deut. Modus describitur res non prohibetur and in Samuel Jus ponitur ratio subintelligitur for many things may be prohibited in
some respect that in other respects may be allowed and many things lawfull in some wayes which otherwayes may be most sinfull as it is most lawfull to drink ad satietatem but not ad obrietatem and many other the like things so it is lawfull for the king to do all that Samuel saith ad supplendam reipubl necessitatem supportandam regiam majestatem but not ad satisfaciendum suo fastui luxui lucro vanitati aut carnali voluptati which is the thing that Moses forbiddeth So that in briefe the meaning is if the Subjects should be unwilling to do what Samuel saith then the king when just necessity requireth may for these lawfull ends lawfully assume them And if he takes them any other way or for any other end then so habet Deum judicem conscientiae ultorem injustitiae But then it may be said Ob. Ahab did not offend in taking away Naboths vineyard if Samuel did properly describe the right of kings I cannot say that Ahab sinned in desiring Naboths vineyard Ans neither do I finde that the Prophet blames him for that desire there is not a word of that in the text but for killing Naboth and then taking possession for this he might not do the other he might do so he do it to a right end and in the right manner wherein he failed Ahâ—bs sin 1. In being so discontented for his denyal because his conscience telling him that he had no such urgent necessity whereby he could take it and Naboth being unwilling to sell it he should have beene satisfied 2. In suffering his wife whom he knew to be so wicked to proceed in her unjust course against Naboth Naboths fault 3. In going down to take possession when he knew that by his Wifes wicked practice the poore man was unjustly murdered when he should have rather questioned the fact and have punished the murderers Lex posterior derogat priori specialis generali ceremonialia atque forensia cedunt moralibus And yet Ahabs sin doth not excuse Naboths fault both in the denyal of the Kings right if the king had a just necessity to use it and also for his uncivil answer unto the King far unlike the answer of Arauna to King David but nearer like the answer of Nabal which the Holy Ghost seemes to take notice of when after he had said The LORD forbid it me which was rather a prayer and postulation that God would forbid it as we say absit when we hear of any displeasing likelyhood then any declaration of any inhibition of God to sell it who never denyed them leave to sell it until the yeare of redemption the Prophet tells us in the next verse that Naboth said 1 Reg 21.4 Whâ—ch very answer seemes to be the cause why Ahab was so much displeased I will not give thee the inheritance of my father But whether this speech of Samuel sheweth the just right of a King what he might do or his power what he would do what belongs to him of equity or what his practice would be by tyranny I will not determine but I say that although it should not be a just rule for him to command yet it is a certain rule for them to obey and though it should not excuse the king from sin yet it wholly disables and disavowes the peoples resisting their king because in all this the Prophet allowes them none other remedy but to cry unto the Lord for seeing God hath given him directum dominium The kings absolute power not given him to inable him for oppression but to retaine his Subjects from rebellion absolutum imperium though he should fail of his duty which God requireth and do that wrong unto the people which God forbiddeth yet he is solutus legibus free from all Laws 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 govern their people as the father of the family rules his houshold or the Pilot directs his Ship secundum liberum arbitrium according to his own 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 Diodor. Siculus l. 2. c. 3. Boemus Aubanus tamen asserit voluntatem regum Aegypti pro lege esse But though this arbitrary rule continued long and very general for Diodorus Siculus saith that excepting the Kings of Egypt that were indeed very strictly tied to live according to Law all other Kings infinit â licentiâ ac voluntate suâ pro lege regnabant ruled as they listed themselves 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 govern their people according to the rules of those established lawes for though the supreme Majesty be free from all Lawes spontè tamen iis accomodare potest the king may of his own accord yeild to observe the same and as the German Poet saith German vates de rebus Frid. l. 8. Nihil ut verum fatear magis esse decorum Aut regalt puto quà m legis jure solutum Sponte tamen legisese supponere regem and according to the diversities of those Laws How diversities of government came up so are the diversities of government among the several kingdoms of the earth for I speake not of any Popular or Aristocratical state 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 been Monarchs but of Kings had made themselves Subjects Thus you see that rule which formerly was arbitrary is now become limited but limited by their own lawes and with their own wills and none otherwise for I shewed you else-where that the Legislative power resided alwayes in the King even as Virgil saith Virgil Aeneid l. Gaudet regno Trojanus Acestes Indicitque forum patribus dare jura vocatis And as that mirror of all learned Kings saith Rex Jacobus in the true Law of free Monarchs p. 201. King Fergus came to Scotland before any Statutes or Parliament or Lawes were made and you may easily finde it that Kings were the makers of the Laws and not the Lawes the makers of Kings for the Lawes are but craved by the Subjects and made onely by him at their rogation and with their advice so he gives the Law to them but takes none from them and by their own Lawes Kings have limited and abridged their own Right and Power which
God and nature have conferred upon them some more some less 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 Prov. 30.15 concerning these grants of Kings unto their Subjects 1. Of the extents of these grants 2. Of the Kings obligation to observe them for 1. It is certain that the people alwayes desirous of liberty though that liberty should produce their ruine are notwithstanding like the daughters of the Horse-leech still crying unto their Kings give give give us liberties and priviledges more and more and if they may have their wills 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 govern 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 less 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 stomackfull Kings should remember the grave advice the Father gave unto Phaeton Parce puer stimulis sed fortiùs utere loris Sponte sua properant labor est inhibere volantes Ovid. Met. l. 1 They must be strongly bribled 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 think and therefore not yield that Who gives constrain'd but his own 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 What moved Kings to grant so many priviledges to their Subjects to gain the more love and affection 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 tyed themselves by promises and oaths to observe those Laws which they made for the exemption of their Subjects Majora jura inseperabilia à Majestue ne queunt indulgeri subditis ita cohaerent ossibus ab illo separari si ne illius destructione non possunt Paris de puteo Arnisaeus 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 transfer the right of succession to any other then the right heir to whom it doth justly belong quia non jam haereditas est sed proprium adeuntis patrimonium cujus ei pleno jure dominium acquiritur non à Patre non à populo sed à lege Because he hath this right unto the Crown not from his Father nor from the people but from the Law of the Land and from God himself which appointed him for the same saith the Civilian and therefore that vulgar saying is not absurd nunquam mori Regem That the King never dyeth for as soone as ever the one parteth with this life the other immediately without exspecting the consent either of Peeres or people doth by a just and plenary right succeed not onely as his fathers heir but as the lawful 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 Crown by King John unto the Pope was but a fiction that could infer no diminution of the right of his successour because no King can give away this right from him whom God hath designed for it And there be some things which no Christian King should grant away as any of those things things that the King should not grant that being granted may prejudice the Church of God and depresse the glory of the Gospel of Jesus 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 Gospel which are Bishops Priests 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 Things that kings have not granted away And there be some things which the Kings of this realm have never granted away but have still retained them in their own hands as inviolable prerogatives and characteristical Symboles and Properties of their Supremacy and the relicks of their pristine right as in the time of peace those two special parts of the gouernment of the Common-wealth which do consist 1. About the Lawes 1. About the Laws 2. About the Magistrates The first 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. Then it is the right of the King jura dare to give Laws unto his people for though as I said before the Subjects in Parliament may treat of Lawes 1. Jus Legislativum Johan Beda Pag. 25. The power of making Lawes is in the King and intreat the King to approve of them that they propose unto him yet they are no Laws and carry with them no binding force till the King gives his consent and therefore out of Parliament you see the Kings Proclamation hath vim 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 Kings hands nor can it indeed be parted with The case of our affaires pag. 11. except he part with His Majesty and Soveraignty for the limiting of his own 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 own right and authority Stat. West 1. 3. E. 1. 3. 6. 42. Stat. of Merch. 13. E. 1. West 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 but as a man that yeildeth himself to be bound by some others hath the use of his strength taken from him but none of his naturall strength it self 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 work again by vertue of his own 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 denyed but in whatsoever the Peeres and Commons do remit the restraint by yeilding their consent to the point proposed the King worketh and acteth therein absolutely by the power of his own 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 pracipuis actibus gubernationis reipublicae ita praecipuam superiorem requirit potestatem to make Lawes is one of the chiefest acts of the government of a Common-wealth Suarez l. 1. c 8 n. 8. 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 Heare O ye Kings because power is given unto you of the Lord. Sap. 6. And Saint Augustine calleth Jura humana jura imperatorum quia ipsa jura humana per imperatores Aug. in Joan tract 6. all humane lawes are the lawes of Emperors or Kings because they are made by them and the Holy Ghost speaking of the Kings of Judah saith The Scepter shall not depart from Judah nor a Lawgiver from between his feet to teach us Gen. 49.10 that whosoever swayeth the Scepter hath the right to be the Law-maker which is one of the prime prerogatives of Soveraignty 2. Jus nobilitandi the right of appointing the principall Officers of State 2. Ius nobilitandi to cry up any of all his Subjects whom the King will honour as Pharaoh did Joseph 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 Majesty But if the Dukes Earles and Barons be so plyable to the Puritan faction It is the Doctrine of the Anabaptists and Puritans that there should be no Degrees of Schooles nor titles of honour among men to put down the spiritual 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 Jack 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 vain honours to vapour it over us but the Puritan Clergy also seeing themselves deprived of their due honour and made all equall all as base as Jeroboams Priests will be apt enough to blow up this conceit and to put it into the Creed of all the vulgar that God made us all equall and to be Lords is but to be tyrants over their Brethren and the Presbytery whose pride could not obey the authority of their Bishops will not abide the superiority of any Lords but if they cannot Lord it themselves will be sure to take away the Lordship from all others And therefore if the Nobility be not wiser then to lay our honours in the dust as I see some about his Majesty that would faine be the Priests to bury it which meere policy though they wanted piety should prohibit they shall find that Virgil. Aeneid l. 1. Jam tua res agitur paries cùm proximus ardet When our Cottages are burnt their next Palaces shall not escape the fire but through our sides their Honours shall be killed and buried without honour 3. Jus legitimandi 3. Jus legitimandi the right of legitimation belongs unto the King without which legitimation the Lawyers tell us that as the world now standeth a mighty emolument would happen unto the Crown if the King granted not this grace to them that want it 4. Ius appellationes recipiendi Act. 25.11 4. Jus appellationes recipiendi the right of taking notice of causes and of judging the same by the last appeale definitively doth alwayes belong to the supreme Majesty because that as Saint Paul appealed unto Caesar so the last appeale is to the highest Soveraigne from whom there lyeth none appeale but onely to him that shall judge all the Judges of the earth 5. Honores restituendi 5. Jus restituendi in integrum the right to restore men attainted or banished or condemned to death unto their Country wealth and honour is likewise a part of the royall right Osorius de rebus Imman p. 6. So Osorius saith that Immanuel King of Portugall restored James son of Fernandus and his brother Dionysius and others unto their forfeited honours and so not onely the Scripture sheweth how David pardoned Absolon and Shimei 1 Reg. 2.26 two wicked Rebels and Solomon pardoned Abiathar that were all worthy of death Ventam crimiuosis indulgere but also Saint Augustine speaking of other Kings and Emperours saith judicibus statuendum est ne liceat in reum datam sententiam revocare the Judges may not pardon a man condemned to death numquid ipse Imperator sub hac lege erit but shall not the Emperour or King pardon him are they likewise under this Law of restraint by no meanes Nam ipsi soli licet revocare sententiam reum mortis absolvere ipsi ignoscere for he and he alone that is the Emperour or King may revoke the sentence and absolve him that is guilty of death And so our King according to this his undenyable right Our kings unparallel'd clemency and piety towards the Rebels hath most graciously and not seldome offered his pardon unto these intolerable Rebels a pardon not to be parallel'd in any History nor to be beleived unlesse we had seen it that a man could be so far inclined to clemency and mercy as to remit such transcendent impiety which will render
to defend the rights of the Clergy by his oath then the rest of the Lawes formerly enacted whereof any may be abrogated without perjury when they are desired to be annulled by the Kingdome Sol. His Majesties answer to the remonstrance or declaration of the Lords and Commons 26. of May 1642. To which I say that as His Majesty confesseth there are two speciall questions demanded of the king at His Coronation 1. Sir Will you grant and keep and by your oath confirm to the people of England the Lawes and Customes to them granted by the Kings of England your lawfull and religious predecessors And the king answereth I grant and promise to keep them 2. After such questions as concerne all the commonalty of this kingdome both Clergy and Laity as they are his Subjects one of the Bishops reads this admonition to the king before the people with a loud voice Our Lord and King we beseech you to pardon and to grant and to preserve unto us and to the Churches committed to our charge all Canonicall priviledges and due law and justice and that you would protect and defend us as every good King in His Kingdome ought to be the protector and defender of the Bishops and the Churches under their Government And the king answereth With a willing and devout heart I promise and grant my pardon and that I will preserve and maintaine to you and the Churches committed to your charge all Canonicall Priviledges and due law and Justice and that I will be your Protector and defender to my power by the assistance of God as every good king in His kingdome in right ought to protect and defend the Bishops and Churches under their Government The Kings Oath at His Coronation two-fold Then the king laying his hand upon the book saith the things which I have before promised I shall performe and keep so helpe me God and the contents of this Book Where I beseech all men to observe that here is a two-fold promise and so a two-fold oath The first part of the Oath Populo Anglicano Vide D. p. 165. 1. The one to all the Commonalty and people of England Clergy and Laity and so whatsoever he promiseth may by the consent of the parties to whom the right was transferred be remitted and altered by the representative body in Parliament quia volenti non fit injuria and the rule holds good quibus medis contrahitur contractus iisdem dissolvitur and therefore as any compact or contract is made good and binding so it may be made void and dissolved mutuo contrahentium assensu by the mutuall assent of both parties that is any compact where God hath not a speciall interest in the contract as he hath in the conjugall contract betwixt man and wife and the politicke covenant betwixt the King and His Subjects Contracts wherein God is interessed cannot be dissolved without God which therefore cannot be dissolved by the consent of the parties untill God who hath the cheifest hand in the contract gives his assent to the dissolution and so when things are dedicated for the service of God or Priviledges granted for his honour neither donor nor receiver can alienate the gift or annull that Priviledge without the leave and consent of God that was the principal party in the concession as it appeareth in the example of Ananias and is confirmed by all Casuists The second part of the oath Clericls Ecclesiasticis D. p. 165. 2. The other part of the oath is made to the Clergy in particular and so also with their consent some things I confess may perhaps 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 do 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 again and they without mine assent shall vote the remission of this debt for some great benefit The party to whom the bond is made must release the bonds that they conceive redounding to the Common-Wealth by which vote I should beleive my selfe to be no better then meerely cheated or as if the Parliament without the assent of the Londoners should pass 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 justitia veritas non servarentur inter homines and it is their common tenet Suarez de juramento promiss l. 2. c. 12. n. 14. 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 me of my right This point is so cleare that neither Scholer nor any man of reason or conscience will deny it Therefore to perswade the king that is bound by his oath to preserve the Rights and Priviledges of the Church and Clergy to cast out the Bishops out of their rights or to take away their Lands without their own consent whom the king by his oath hath obliged himself to protect I cannot see how they can do it without great iniquity or His Majesty 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 do 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 self 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 and not suffered to informe him nor to answer for themselves will still arme His Majesty with that resolution as shall never yeild to their impetuousnesse to transcend the limits of his own 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 wisdome of the whole State and the king should not desire it to be altered I answer that all Parliaments are not alwayes guided by an unerring spirit Sol. but
the commandment of God that we should obey them Whitaker contra Camp p. 258. and this saith he doth binde the conscience when as the Apostle saith he is to be obeyed for conscience sake But you will say what if the King forbids me to do what God commandeth Ob. as the high Priest did to the Apostles or commandeth me to do what God forbiddeth as Julian did unto the Christians and Nebuchadnezzar to the three children We have often answered that in such a case it is better to obey God then man Sol. Act. 5.25 for it is sometimes lawfull not to obey but it is never lawfull to resist What if he compells us by force and violence to do what God forbids us to do if he playes the Tyrant violates our Laws Ob. and corrupts the true Religion with dolatry and superstition may we not then as our fore-fathers did heretofore unto Chilperick King of France and to Richard the second of this Kingdome and others bridle them and depose them too if they will not be ruled by their Great Counsell the Parliament I answer first Non spectandum quid factum sit sed quid fieri debuerit Sol. Heningus Arnisaeus de author princi in Pop. we are not so much to regard what hath been done as what ought to have been done as Arnisaeus proveth at large and sheweth most excellently with a full answer to all the Articles that were alleadged against those Kings how unjustly they were handled and deposed contrary to all right and I wish that book were translated into English 2. I say 2. Of our passive bedience that when our active obedience cannot be yeilded our passive obedience must be used for were our King as Tyrannicall as Nero as Idolatrous as Manasses as wicked as Achab and as prophane as Julian yet we may not resist when as Arnisaeus proveth by many examples Idem cap. 3. p. 68. that the Rebellion of Subjects against their King doth overthrow the order of nature and Justinian saith quis est tantae autoritatis ut nolentem principem possit coactare but in such a case we must do as all the Saints did before us not as the Heathens which thought them worthy of divine honour Cicero pro Milone which did kill a Tyrant and said with Seneca victima haud ulla amplior Potest Seneca in Hercul sur magisque opima mactari Jovi Quà m Rex iniquus But as Christ himselfe suffered under Pontius Pilate a most wicked Magistrate Christ and his Apostles suffered but never resisted the lawfull Magistrate and registred in the breviary of our Faith that we might never forget our duty rather to suffer then to resist the authority that is from Heaven and as Saint Ambrose answered the Emperour that would have his Church delivered to the Arians I shall never be willing to leave it coactus repugnare non novi if I be compelled I have not learned to resist I can grieve and weep and sigh and against the Armes and Gotish Souldiers my teares are my weapons for those are the Bulwarkes of the Priest who in any other manner neither can neither ought he to resist so must all Christians rather by suffering death then by resisting our King to enter into the Kingdome of Heaven But 't is objected by our Sectaries that His Majesty confesseth Ob. The Author of the Treatise of Monarchy p. 31. there is a power Legally placed in the two houses more then sufficient to prevent and restrain the power of Tyranny Sol. The law provides that the king should not be circumvented and â—â—ronged I answer first when it pleased the King of His grace to restrain His own power of making Laws to the consent of Peeres and Commons that by this Regulating of the same it might be purged from all destructive exorbitanâ—es the very Law it self being tender of the legitimate rights of the King and considering the Person of the Soveraign to be single and his power counterpoysed by the opposite wisdome of the two Houses allowed him to swear unto himself a body of Council of State and Counsellors at Law and the Judges also to advise him and informe him so that as he should not do any wrong by reason of the restrayning 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 Counsel and forced to make the defence of his rights by writing it is no wonder if his concessions and promises as well in this point 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 perpetual should be extracted from him but what he should well consider of with the advice of his Counsel 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 if these words of His Majesties be rightly weighed they give no colour of resisting Tyranny by any forcible armes but aâ— Doctor Ferne saith most truly of a Legal D Ferne in his reply to sever treat p. 32. Moral and Parliamentary restraint for the woâ—ds 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 himself might be resisted and subdued by open force and violence for as Roffensis saith Roffensis de potest Papae 291. Eâ—phanta Pythag l. De Regno apud Stobaeum fol. 335. Reges suo solius judicio reservavit Deus qui stans in Synagoga deorum dijudicat eos God hath reserved Kings to his own judgement and the Heathen man could say as Stobaeus testifieth primùm Dei deinde Regis est ut nulli subriciatur 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 first it is the priviledge of God next of the King to be subject unto none because the Regal power properly is unaccountable to any man as Suidas saith and Josephus 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 Subjects A principle tenet of the Essaei And some think that the Common-wealth is happier under a Tyrant that will keep them in awe then under too mild a Prince upon whose clemency they will presume to Rebel Jer. 27.5 6. A memorable place against resisting Tyrants for they saw there was scarce any thing more usual in holy Scripture then the prohibition of resistance
or refusal of obedience to the Prince whether he were Jew or Pagan milde or tyrannical good or bad as to instance one place for all where the Lord saith I 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 son and his sons son 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 yoke of the King of Babylon that Nation will I punish saith the Lord with the Sword and with the Famine and with the Pestilence until I have consumed them by his hands therefore hearken not ye unto your Prophets nor to your Diviners whiâ—h 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 o ye seduced Londoners beleive not your false Prophets nay hearken not to your diuiners 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 lyes 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 Council that si quis potestati regia Concil Meldens apud Roffen l. 2. c. 5. de potest papa quae non est teste Apostolo nisi a Deo contumaci afflato spiritu obtemperare irrefragabiliter nolnerit 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 regal tyranny Ob. I thinke there is no good Subject Sol. that loves his Soveraigne that will speake against a just and lawful liberty when it is a far greater honour unto any king to rule over free and gentile Subjects then over base and turkish slaves but as under the shadow and pretence of Christian liberty many carnal men have rooted out of their hearts all Christianity Many evils do lurk under fair shewes so many Rebellious and aspiring mindes 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 own conscience should keep every Christian King from exercising any unjust tyranny over his Subjects so if men will transcend the rules of true obedience the Kings Power and authority should keep them from transgressing the limits of their just liberty but this unlawfulnesse of resisting our lawful King I have fully proved in my Grand Rebellion and it is so excellently well done by many others that I shall but acta agere to say any more of it CHAP. XVII Sheweth how tribute is due to the King for six special reasons to be paid the condition of a lawful tribute that we should not be niggards to assist the King that we should defend the Kings Person the wealth and Pride of London the cause of all the miseries of this Kingdome and how we ought to pray for our King 4. TRibute is another right and part of that honour which we owe unto our King Negotia enim infinita sustinet The great charge of Princes equabile jus omnibus administrat periculum à republica cùm necessitas postulat armis virtute propulsat bonis praemia pro dignitate constituit improbos suppliciorum acerbitate coercet patriam denique universam ab externis hostibus ab intestinis fraudibus tutam vigilantia sua praestat haec quidem munera aut opere tuetur aut quoties opus fuerit tuenda suscipit qui autem existimat haec tam multa munera sint maximis sumptibus sustineri posse mentis expers est atque vitae communis ignarus idcirco hoc quod communi more receptum est ut reges populi sumptibus alantur non est humano tantùm jure sed etiam diuino vallatum Osorius de rebus Emanuel lib. 12 p. 386. saith eloquent Osorius For he undergoeth infinite affaires he administreth equal right to all his people he expelleth and keepeth away from the Common-wealth all dangers when necessity requireth both with armes and prowesse he appointeth rewards to the good and faithful according to their deserts he restraineth the wiâ—ked with the sharpnesse and severity of punishments and he preserveth his Country and Kingdome safe by his care and watchfulnesse both from Forraigne foes and intestine frauds and these offices he dischargeth indeed and undertaketh taketh to discharge them as often as any need requireth And he that thinketh that all these things so many and so great affaires can be discharged without g eat cest and charge is void of understanding and ignorant of the common course of life and therefore this thing which is received by a common custom that Kings should be assisted and their royalty maintained by the publick charge of the people is not onely allowed by humane law but is also confirmed by the divine right Men should therefore consider that the occasions of Kings are very great abroad for intelligence and correspondency with Foreign States that we may reap the fruit of other Nations vent our own commodities to our best advantage and be guarded secured and preserved from all our outward enemies and at home to support a due State answerable to his place to maintain the publique justice and judgements of the whole Kingdom and an hundred such like occasions that every private man cannot perceive and think you that these things can be done without meanes without money If you still pour out and not pour in your bottle will be soon empty and the Ocean sea would be soon dried up if the Rivers did not still supply the same and therefore not onely Deioces that I speak of before when he was elected King of the Medes caused them to build him a most stately Palace and the famous City of Ecbatana and to give him a goodly band of select men for the safeguard of his Person and to provide all other
them almost as much as we could desire so our hope and humble Request is that you will not suffer these men to take from us so much as they desire For the preventing of which desire of theirs if it may be I have endeavoured to arm my self with a resolution neither to fear nor flatter any man 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for they that fear the smoak may fall into the fire Et qui timet pruinam opprimetur à nive that is as S. Gregory moralizeth it He that fears the frost of mans anger which he may tread under his feet may be overwhelmed with the hail and snow of God's wrath which shall fall upon his head so that he can not escape it And I have studied not to prepare sweet and savory meat unto my Readers but salubria medicamenta those medicines that shall be most wholesome for their Souls And because the ears of all Church-robbers are like the ears of the deaf Adder that will not be charmed and the walls of this sin of Sacriledge are like the walls of Jericho that cannot be tumbled down without the shrill sound of Trumpets and Rams horns I have sharpned my Pen and in the bitterness of my soul for the havock that I see made of the Patrimony of God's Church I have indeavoured to speak not in the mild voice of El◠to his sons but with the rough speeches of Joseph unto his brethren that had slept so many years in their sins as our people have done in their Sacriledge and yet think it to be no sin And I doubt not but that this my Discourse will prove as the waters of gall and as bitter as wormwood unto those mens stomacks that are so greedy as we see men are to get away the lands and possessions of the Church and my self to be maligned and envyed to the full But I assure them Non flocci facio I weigh it not a rush for I have hardened my face like an Adamant and as the Lord saith to Ezechiel Whether they will hear or whether they will forbear I will speak what I conceive to be truth and nothing but what my Conscience tells me is truth And if in any thing I shall mistake it is not amor erroris the love of error or the hatred of any of those Sacrilegious persons that rob the Church but it is error amoris the error of my love to the Church of Christ and unfaigned desire to promote the service of God and the good of the poor and honest Irish of this Kingdom and so if I have offended I shall humbly crave your Majesties pardon and most willingly submit my self to the censure of the Church and with my morning evening and noon-daies prayers for your Majestie 's long-life and much happiness I rest Your Majestie 's most humble devoted and most faithful Loyal Subject Gryffith Ossory To all the COMMISSIONED OFFICERS of the KINGS ARMY in the year 1649. Noble and Worthy Gentlemen WHose true faithfulness to your King and great Valour in the Wars undertaken to defend the best King on Earth And to say the truth I blame not all the Souldiers and Commissioned Officers when I found very many of them very honest very religious men and some of them have told me they would not medle and wished that the rest of the Souldiers would not meddle with the lands or houses of the Church and to preserve his undubitable Right unsnatched from him by wicked Rebels doth undoubtedly merit in the judgement of all wise and honest men no small Reward far more than the reach of my understanding can express Yet ye must give me leave to tell you That I should be heartily sorry that any man could justly say That your great Deserts were any wayes stained with the tincture of Sacriledge which I assure my self you would never permit if you conceived any thing that you do to have the least affinity with that ugly Bastard-Brat Therefore I have undertaken in the sincerity of my Conscience and according to the best and uttermost of my knowledge without the least ill thought of any of you all or the least covetous desire to take any thing from you that is inoffensively your due but to discharge the duty that I owe to God and his Church to compose this subsequent Treatise concerning Sacriledge and to shew how horrible how odious a sin it is in the sight of God how derogatory and prejudicial it is to the Honour and Service of Jesus Christ and how dangerous and how it damnifieth those that commit it the same being a Canker that will eat and consume all that they have before many Generations pass away a sword that will cut down their posterity from off the earth and a sin that obligeth them to eternal damnation without the great mercy of God to accept their great and unfeigned repentance for the same And what you imagin I do herein against you I do assure you if you will believe me it is not so much to get either lands or houses from you as to hinder you as I conceive so deeply to wound your own selves For Better is a little that is duly gotten without blame and brings a blessing with it than a great deal that is unjustly obtained with a curse at the heels of it But you will say That you do nothing but what you justly may do by the Laws of our Land and what others do and have done before you And truly I do think so too But I have fully answered this Allegation and as I suppose whatsoever else can be said in this Treatise And I ask of you Whether you conceive that Humane Laws and Acts of Parliament made by powerful Commands and either through fear or errour can make that which is against the Will and contrary to the Law of God to be no sin or free the sinner from God's wrath Or do you think that I stand against so many well-deserving Gentlemen of such means and friends and power as you are only for covetousness to gain the Rent of a few houses and no longer than the remainder of a poor old man's life Surely not any one that had but the least inch of worldly wisdom would do so For besides my pains and labour I have spent already and shall spend yet before the Church shall lose them perhaps ten times more than my span-long life shall gain by them And what of that I have done my best when I have lost them Et liberavi animam meam and shall leave to God Causam suam Let him arise and defend his own Cause but let men take heed how they strive against God or seek to obstruct his Service and cause the diminution of his Worship which I hope your Piety will never suffer any one of you to do And I shall pray for you all and assuredly remain Your affectionate friend and servant Gryffith Ossory THE CONTENTS of the Chapters Chap. I. AN Introduction shewing
things abused and to distinguish betwixt that fault which proceedeth ex natura facti out of the nature of the fact and that which springeth ex abusu boni from the abuse of that which is good for if the thing be simply evil no circumstance no dispensation can make it good and therefore it should be wholly rejected and abolished because as Aristotle saith Cujus usus simpliciter malus est Arist Topic. 1. Si usus principalis alicujus rei sit mortifer mortiferam quoque rem ipsam efficiet ipsum quodque malum esse necesse est that thing whose use is simply evil must needs be likewise evil of it self but if the fault be not in the thing it self but adventitious in usu agentis in the use or rather in the abuse of the agent then certainly the thing it self as being good ought to be retained and the abuse only is to be removed or amended And therefore the endowing of Gods Church with means to maintain Gods service or the giving of our goods to the use of Gods Worship whether it be praying to him or preaching to his people Navar. Enchiâ—id c. 14. or relieving his members being not only simply good but also most excellently good both commanded and commended by God himself it is a Maxime Things once dedicated to God may not at any time by any body be alienated from the Church even in nature and confirmed by meer reason that Semel Deo dicatum non est ad usus humanos ulterius transferendum that which is once given and dedicated for and to Gods service which is a service acceptable to God ought not afterwards by any means be any more transferred to mans uses because as Plato saith Quae rectè data sunt eripi non licet those things that are well given ought not to be taken back again and because as the Fathers say Bis Dei sunt quae sic Dei sunt God hath in all dedicated things that are given to uphold his service a double right and interest 1. As his own Creatures and gift given to man And 2. As in a thankfull acknowledgment of Gods goodness the gift of man back again to God which twofold cord tieth them so strong that this sin deserves no less than the heavy curse of Anathema for any one not consecrated to do the service of God to challenge them and to take them away from Gods service and the donors first institution whereupon not only the Divines but also the Philosophers and Canonists have concluded 6. Decret de reg juris Plato Phileb 1 Chron. 29.14 Plin. 2. Ep. l. 10. Epist 74 75. that Si facta aedes sit licet collapsa sit jam religio tamen ejus occupavit locum If an house be once dedicated to God though afterwards it should fall down and be utterly demolished so that the ruines of it could scarce be seen yet the soil and ground of it is still holy and religious and not to be imployed to any civill or prophane uses And therefore I say that those men which have or do or shall under the colour of Reforming the Church and the pretence of any law rob the Church and deprive either the Bishops or Ministers of their houses lands or tythes or any other portion which hath been given to the Church and for the service of God are Thieves and Sacrilegious thieves be they who you will and their pretences what they will Two sorts of men guilty of Sacriledge under pretence of law And here I must tell you that I find two sorts of men that may be questioned for being guilty of this sin of Sacriledge 1. The Spirituall-men the Bishops and other Priests the Ministers of Gods Church that have made away the lands houses and goods of the Church 2. The Lay-Princes Lords and Gentlemen and others that take away the goods lands and houses of the Church and all as both these sorts of men pretend by the right and benefit of the Law and therefore no waies offending and so not to be taxed for any Sacriledge But to discuss these points and to find out the truth I say that although the Pope be not the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the great Antichrist that was expected to come into the Church as I have fully shewed in my book de Antichristo yet I doubt not but that he is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the great Sacrilegus and the chiefest Sacrilegious person that ever these Kingdoms saw as hereafter I shall more fully declare unto you 1 Spirituall men Sacrilegious and how Next I say that others Bishops and Priests especially of his Church may be as indeed many of them have been very Sacrilegious and robbers of the Church of Christ as when they let out either by Lease or fee-farm to their children friends or for fine the lands houses or any other goods and possessions of the Church to the loss and prejudice of the Church and to disinable their successors to discharge their duties and the service of God as they ought to do Obj. But they will say with St. Paul that Where no Law is there is no transgression Rom. 4.15 and there was no Law to inhibite them to lease out their lands to whom they would nay the Law gave them leave and impowred them to do it and therefore no Sacriledge nor offence in them in all that they did when they did nothing but according to Law Sol. I answer that the Human law must not intrench nor can infringe the law of God nor any waies allow the thing that should prejudice the service of God neither do I believe that the laws of our Christian Kings and Princes ever intended so to do for it is an old rule in law that Praelatus ecclesiae statum possessiones meliorare potest sed deteriorare non potest nec debet But when it was alledged and manifested in Parliaments that the houses belonging to the Church being ruined or far out of reparation and the lands either wast or not well managed could not be improved to the best advantage and benefit of the Church without the Tenants and present Occupiers thereof had some competent time therein therefore the pious Kings enacted their laws not to force but to licence Cathedrals and Colledges to lease out their lands and possessions Why Bishope and Clergy-men weâ—e permitted to grant leâ—ses of the lands and revenues of the Church not to make their children and friends Knights and Ladies or to fill their own coffers with fines to the great prejudice of their successors and the neglect and treading down of Gods service but that the revenue and the inheritance of the Church might be improved and the best advantage made of it for the glory of God and the furtherance of Gods service by the instruction of his people and relieving his poor members for which ends it was first dedicated unto God Therefore when either Bishop or any other
Alexander King of Macedon consulted often with Aristotle and sometimes with Diogenes the Cynick and King Pyrrhus with his dear friend Cineas So Pharaoh King of Egypt called and consulted with his Priests that were the Magicians and deemed the wise men of Egypt when Moses came to treat of God's Service And though Moses appointed 70. men of the choicest gravest and wisest men that could be found of all the Elders of Israel to be the Sanhedrim and as it were a standing Parliament to end all controversies and all the civil affairs of the Kingdom Yet when the Case of Religion came in question and the differences about God's Worship came to be decided neither the Kings of Israel nor the Kings of Juda to whom the principal care and custody of God's Laws and Service was committed did ever commend the same unto the Sanhedrim to be concluded and setled But as King David here calleth and consulteth with Nathan the Prophet about the building of God's House so when Religion was corrupted and the Service of the True God neglected in the time of King Ahab he calleth not the Sanhedrim to rectifie and redress the same but he leaves the same to be determined and adjudged betwixt the Priests of Baal 1. Reg. 18.17 18.19 20. 2 Chron. 15.2 8 c. and Elias the true Prophet of the Lord And so did King Asa Jehosaphat and Ezechias consulted not with their lay Lords or the Sanhedrim but with Azariah the son of Oded the Prophet and with Esay and the rest of God's Prophets Nay when the Wise-men came to inquire for Christ Mâ—th 2.4 Herod that sought to destroy Him and his Religion inquireth not of any but of the Chief Priests and Scribes Where Christ should be born And so all the Wise and Christian Emperours Constantine Theodosius Justinian and the rest as you may find it in Eusebius Socrates Zozomen and other Ecclesiastical Historians had always some special Bishops with whom they conferred and consulted about matters of Religion as Charles the Fifth did with Cassander and Henry the Eighth with Bishop Crammer For they conceived that their Crowns had the greater Lustre when it was in conjunction with the Miter And therefore in no great Councel was the Man of God ever baulked but that they might be sure to serve God before themselves and he assured that while the Church prospered the Bishops directed and they had God and his Messengers amongst them all would go right and be safe and therefore in all or most Courts of Conscience where the Law reached not they thought none so fit as these men of conscience to decide all differences Neither could I ever find that the Church of God was so much pestered with miseries and poisoned with Errors Heresies and Sects or Divisions until the lay Lords and Gentlemen like the Long Parliament neglected their proper Offices to look into the affairs of the Common-wealth and to see Justice and Judgement truly executed among the people and began immittere falcem in alienam messem to thrust their sickles into other mens harvest Esay 1.12 The Church of God never became more miserable then when the lay-people undertook to conclude and determine points of Religion and to intermeddle with that which concerns them not as to chop and change Articles of Religion and to set down and compose points of faith when the Lord saith Quis requisivit haec Who hath required these things at your hands It is your duty to come into the Temple and to perform the service that David and Nathan the King and the Bishops shall prescribe unto you and to confirm those Articles of Religion and cause them in all things to be observed as the Parliament did in Queen Elizabeth's dayes the 39. Articles of our Religion when they are as those were setled and concluded by the Bishops and the rest of the Clergy in their Convocation for the Lord tells us plainly That the Priests lips should keep knowledge and they that is the people be they what and whom you will Sanhedrim of the Jews or Parliament of any other Nation should seek the Law that is the Law of God at his mouth because he is the Mâ—ssenger of the Lâ—rd of Hosts that is to declare his will and to expound his Laws unto the people But what saith the Lord in this Case when the people be they what you will shall usurpe the Priests Office and begin to make new Orders and Ordinances for the Service of God that never required such things at their hands He tells them plainly You are departed out of the way and you have caused many to stumble at the Law that is by your false glosses and injoyned observations thereof and you have corrupted the Covenant of Levi saith the Lord of Hosts that is you have wronged and quite thrown out the Bishops and Priests from their Offices which is to consult with the King to see God rightly worshipped And therefore saith the Lord Malach. 2.7 8 9. I have also made you contemptible and base before all the people according as you have not kept my wayes but have been partial in the Law that is by making Religion and my Service like a nose of wax to turn which way you please when as every one should do the duties that belong unto him Curabit praelia Conon CHAP. VI. What the Rest and peaceable times of King David wrought The Prince's authority in causes Ecclesiastical and how they should be zealous to see that God should be justly and religiously served THirdly having seen the times and the persons 3. The matter about which they consulted that consulted and conferred together we are now to consider the fruits and effects that this quiet sitting at rest and peaceable times wrought in David and what was the matter that these two grave and great Persons do so seriously deliberate and consult about And most commonly we find What peace prosperity usually produce that rest and peace have been the bane and surfeit of the mind to puff it up with pride and prosperity hath often choaked piety and plenty hath made Religion to pine away and to be cast upon a bed of security as Jezabel was cast upon a bed of fornication For so Moses saith of the Israelites Dilectus meus impinguatus recalcitravit My beloved fed fatted and inlarged Deut. 32.15 kicked with their heels or Jesurun waxed fat and kicked and then he forsook God that made him and lightly esteemed the Rock of his Salvation And as the Poet saith Luxuriant animi rebus plerumque secundis Ovid de arte Am. l. 2. Nec facile est aequâ commoda mente pati Our hearts do swell and our minds grow luxurious and riotous when our affairs do prosper and all things succeed as our hearts desire Our peace and plenty made us wanton and our wantonness brought our wars upon us and have rest and peace as now David had round
to purge himself before Valentinian 2. q. 7. Nos si and Pope Leo the third before Charles the Great And it is registred that Pope Leo the 4th wrote unto the Emperour Lodouick saying Epist Eleuth inter leges Edovard Si incompetenter aliquid egimus justae legis tramitem non conservavimus admissorum nostrorum cuncta vestro judicio volumus emendare If we have done any thing unseemly and amiss and have not observed and walked in the right path of the just law we are most ready and willing to amend all our admissions or whatsoever we have done amiss according to your judgment Theodoretus l. 2. c. 1. and Pope Eleutherius saith to Edward the I. of England V s est is Vicarius Dei in Regno vestro that he and so every other King is Gods Vicar in his Kingdom This was the mind and sense of these Popes and many other Popes in former ages were of the same mind until pride avarice and ambition corrupted them to be as now they are How the Emperour and Kâ—nâ—â— executed the power that God had given thâ—m And as God hath given this power and required this duty of Kings and Princes to have a care of his Church and to reform Religion and the Fathers and Councels have confirmed this truth and divers of the very Popes themselves and Pâ—pists have yielded and submitted themselves unto their spiritual jurisdiction even in the Ecclesiastical causes so the Emperours and Kings omitted not to execute the same from time to time especially those that had the master power and ability to discharge their duties Idâ—m l. 1. c 7. for Theodoret writes that Constantine was wont to say Si episcopus tâ—rbas det mea manu coercebitur If any Bishop shall be turbulent and troublesome he shall be refrained and censured by my hands and both Theodoret and Eusebius tels us how he came in his own person unto the Councell of Nice Sozâ—m l. 4. c. 16. Et omnibus exsurgentibus ipse ingressus est medius tanquam aliquis Dei coelestis Angelus the whole company of the Bishops and all the rest arising he came into the midst amongst them as it were an Heavenly Angel of God And Sozomen writeth how that ten Bishops of the East and ten others of the West Conciliorum Tom 2. In vita Sylvani vigila were required by Constantine to be chosen out by the Convocation and to be sent to his Court to declare unto him the decrees and canons of the Councell that he might examine them and consider whether they were consonant to the Holy Scriptures And the Emperour Constantius deposed Pope Liberius of his Bishoprick and then again he deprived Pope Foelix and restored Liberius unto the Popedom and in the third Councell at Costantinople he did not only sit among the Bishops but also subscribed Concil Boni 3. c. 2. with the Bishops to such bills as passed in that Councell saying Vidimus Subscripsimus we have seen these canons and have subscribed our approbation of them And King Odoacer touching the Affairs of the Church saith Miramur quicquam tentatum fuisse sine nobis We do admire that you should attempt to do any thing without us for while our Bishop lived that is the Pope sine Nobis nihil tentari oportuit Nothing ought to be done without us much less ought it to be done now when he is dead And the Emperour Justinian doth very often in Ecclesiastical causes Authent Coliat 1 tit 6. use to say Definimus jubemus We determine and command and we will and require that none of the Bishops be absent from his Church Quomodo oportet Episcop above the space of a year and he saith further Nullum genus rerum est quod non sit penitus quaerendum Authoritate Imperatoris there is no kind of matter that may not or is not to be inquired into by the Authority of the Emperour Authent Collat. Tit. 133. because he hath received from the hands of God the common government and principality over all men And the same Emperour as Balsamon saith Balsamon de Peccat Tit. 9. Idem in Calced Concil c. 12. Idem de fide Tit. 1. gave power to the Bishop to absolve a Priest from pennance and to restore him to his Church And the same Author saith that the Emperours disposed of Patriarchal seats and that this power was given them from above and he saith further that the Emperour Michael that ruled in the East made a law against the order of the Church that no Monk should serve in the Ministry in any Church whatsoever And we read further how that divers of the Emperours have put down and deposed divers Popes as Otho deposed John 13. Evodius inter decreta Bonifacâ—â— Vâ—sâ—ergen anno 1045. Honorius deposed Boniface Theodoricus deposed Symmaâ—hus and Henry removed three Popes that had been all unlawfully chosen and in the Councel of Chalcedon the Supreme Civil Magistrate adjudged Dioscorus Juvenalis and Thalassus three Bishops of Heresie and therefore to be degraded and to be thrust out of the Church And so you see how the Emperours â—ings and Civil Magistrates behaved themselves in the Church of God and used their power and the Authority that God had given them as well in the Spiritual and Ecclesiastical Affairs of the Church and points of Faith as in the Civil Government of the Common-wealth CHAP. VIII That it is the Office and Duty of Kings and Princes though not to execute the function and to do the Offices of the Bishops and Priests yet to have a speciall care of Religion and the true Worship of God and to cause both the Priests and Bishops and all others to discharge their duties of Gods service And how the good and godly Emperours and Kings have formerly done the same from time to time BUt as God hath given unto the Kings and Princes of this world a Power and Authority as well over his Church and Church-men be they Prophets Apostles Bishops Priests or what you will as over the Common wealth and all the lay persons of their Dominions So they ought and are bound to have a special care of Religion and to discharge their duties for the glory of God the good of his Church the promoting of the Christian Faith and the rooting up of all Sects and Heresies that defile and corrupt the same for as Saint Augustine saith and I shewed you before In hoc Reges Deo serviunt herein Kings and Princes do serve God if Aug. contra Crescon l. 3. c. 51. as they are Kings they injoyn the things that are good and inhibit those things that are evil and that Non solum in iis quae pertinent ad humanam Societatem sed etiam ad divinam Religionem and again he saith Idem Epist 48. that Kings do serve Christ here on earth when they do make good laws for Christ and
King And as Theodosius and Valentinian very Christian like called themselves the â—assâ—ls of Christ so Constantine was wont to say That he gloried more to be the servant of Christ than in being the Emperour of the World And as those pious Kings and godly Emperours were thus zealous to maintain the Christian Religion which bare up the Pillars of their Dominions and makes their names now to live glorious though they are dead So the Throne of this Empire and Kingdom of Great Britaine That this our kingdom had many zealous and most godly Kings hath not wanted devout Princes and most worthy Kings that have trod in the steps of King David to provide Houses for God's Service and to imitate the examples of the best of the aforesaid pious Princes to see the Religion of Christ and the True Faith purely maintained within their Kingdoms as you may find it in our Chronicles and the Statutes of King Inas King Alfred King Edward that for his devotion and zeal to the Christian Religion was rightly called Saint Edward King Ethelstane Vide Speed lib. 8. c. 3. and King Canutus the Dane that laid the foundation of his Building to compose the differences of Religion and to rectifie whatsoever he found amisse therein before he entred upon the causes of the Common-wealth For I read it Registred that after sundry Laws inacted touching our Religion and the Faith of Christ as the celebration of certain Holy-dayes the right form of Baptism the duty of Fasting the teaching of the Lords Prayer unto the people the administration of the Câ—mmon-prayer and the celebration of the blessed Sacrament of the body and blood of Christ thrice every year and some other Duties of our Religion this Title followeth Jam sequitur institutio legum saecularium which as Speed sheweth Speed quo supra pag. 384. are most excellent for the execution of Justice And it is Recorded that William the Conqueror in one of his Parliaments said That he being Vice-gerent to the King of kings holdeth his Kingdom to this end to defend his people and especially the people of God and his holy Church that is the Bishops and Priests to teach the people and to performe the Worship and Service of God in his Church And even in our own dayes the Holy Name of God be for ever blessed and praised for it we have had such pious Kings as I believe I may justly say The Christian World for Piety and Religion for love to God's Ministers and the care of God's Worship could shew but very few like them and none to precede them therein and that is King James and King Charles the First whose glorious name above all other Kings since Christ The rare and just commendation of King Charles the First I shall ever honour and extoll as the most constant Defender of the Christian Faith the most loving Patron of God's Ministers the Bishops and Preachers of his Word and the most faithful Witness and Martyr that lost his life for the preservation of God's Church and the Religion of Jesus Christ with whom I do alwayes when I think of him behold and see him Crowned with Eternal Glory The most Blessed of all our Kings and the Best of all our Saints CHAP. IX Of the chiefest Parts and Duties of Kings and Princes which they are to discharge for the maintenance of God's Service and the True Religion and the necessity of Cathedral-Churches and Chappels for the people of God to meet in for the Worship and Service of God YOu have heard how that God hath given the Power and Authority unto Kings and Princes to be the Supervisors Directors and Reprovers of things amiss as well in the Church as in the Common-wealth And how he requireth and commandeth them to discharge those Duties accordingly and to have a care to preserve his Religion as they do regard their own Salvation You have likewise heard how all Kings both Heathens Jews and Christians did execute that power and according to their ability discharged their Duties as well in the Spiritual jurisdiction of Ecclesiastical causes as in the decision of Civil causes It resteth that I should shew unto you the chiefest Parts and Duties that they owe to God and are to discharge for the promoting of his Service and the Religion of Jesus Christ And I conceive them principally to consist in these Four Points The four chiefest things that Kings Princes ought to do for the upholding of God's Religion and the Service of Jesus Christ which may be like the four Rivers of Paradise to water the Garden of God's Church to make it to bring forth plenty of fruits to the glory of God and the salvation of mens souls And they are 1. To take care and to cause that there should be Cathedral-Churches and Chappels fairly built and decently trimmed and adorned as befits the Houses of God for his people to meet in for the Worship and Service of God 2. To see that able honest and religious Bishops be placed in those Cathedrals and others the like pious and painful Ministers be appointed in all the Parochial Churches and Chappels to perform the true Service of God as they ought to do and to see those Drones that neglect it and those factious Sectaries and Hereticks that defile and corrupt it and those scandalous livers that do much prejudice unto their holy Calling to be punished and removed if they amend not for their negligence and transgressions 3. To provide by their good Laws such maintenance revenues and means for the Reverend and godly Bishops and the rest of the worthy Clergy whereby they may be inabled with joy and comfort to discharge their duties in God's Service to his glory and the good of his people 4. To put a bar and to hinder by their Regal power and authority all the sacrilegious violaters of holy things to rob the Church of Christ and his servants and to commit the horrible sin of Sacriledge which is so transcendently abominable in the sight of God and so infinitely destructive to the souls of men 1. The necessity of Cathedral-Churches and other Parochial Chappels for the Sâ—rvice of God These things ought to be done as I conceive by all good and godly Kings and Princes and whoso doth these things shall never fail And. 1. In defence of Cathedral-Churches we have to alleadge that till the time of Euaristus and Dionysius Popes of Rome no other kind of ministerial Church was ever heard of from the beginning of the World for from Adam unto Moses men did call upon the Name of the Lord and offered Sacrifices but without any ministerial Church at all And in Moses time Platina de vitis Pontif. Carrion annal Monarch Exod. 25.46 Acts 7.44 2 Sam. 7.6 Acts 7.47 God commanded him to erect a Tabernacle which stood instead of a Church for all the Land of Judea and that was Templum portatile as Josephus calls it to be carried up and
Wolves against them but only for the name that they are said to be built by Roman Catholicks and that Popish Priests have served in them but it is nothing to us who built them or who served in them so we serve God aright in them this is all that we are to look unto For so we find that our Saviour Christ and his Apostles in their time frequented the Temple not that which Solomon built nor that which Zorobabel erected â—â—â—â—ph Antiq. l. 15. c. 14. but that which Herod that sought our Saviours life build d and beautifiâ—d and that which the Scribes and Pharisees had as much as in them lay defiled with their false-glâ—sses and the other Jews had made it a den of Thieves Matth 21.13 and though Castor and Pollux were become Idols and worshipped as gods among the Heathens yet Saint Paul refused not to sail in a Ship whose badge was Castor and Pollux and Saint Luke is not affraid to set down those â—itles of the Paganish Idols â—ocrat Eccles Hist l. 2. c. 33. And therefore as Eunomius was most foolish for refusing to enter into the Temples of thâ— Martyrs lest he should be thought to worship the dead and Eâ—stathius was most fantastical for detesting all publick Churches and leading his Schollers to private Conventicles in ordinary houses for fear they should be defiled with the memorial of the Saints that were mentioned in the Churches so these our brethren of the Separation are most simple for disclaiming our Churches Prayers and Ministry and like the Elder brother in the Parable hearing afar off the melody of our prayers and understanding of our intertainment into our Fathers House are very angry and will not come into Gods House for fear of infection but will convene in private houses and run abroad into the fields like Esan to hunt there for the blessing which with Jaâ—â—b they might get nearer home in their Fathers House and when we would according to our injâ—nction seek to compel them to come out of the High-waies and Hedges to the marriage of the Kings son they will waste their wealth leave their mansions and like Heliodorus the fool of Athens sail beyond the Straights of Gibraltar and make Ship-rack before the Tempest rather then they will come into Gods House whereby they might fit still under their own Vâ—nes injoy the food of their Fathers House the safe-gard of their wealth and the safety of their soules which they do hazard by their own simplicity in being like the Jews zealous but not according to knowledge CHAP. XIII That it is a part of the Office and Duty of Pious Kings and Princes as they are God's Substitutes to have a care of his Church to see that when such Cathedralls and Churches are built and beautified as is fitting for his service there be Able Religious and Honest painful and faithful Bishops placed in those Cathedrals that should likewise see able and Religious Ministers placed in all Parochiall Churches and all negligent unworthy and dissolute men Bishops or Priests reproved corrected and amended or removed and excluded from their places and dignities if they amend not IT is well and truly observed as the holy Scripture sheweth That although the wise God hath most mercifully decreed and accordingly exhibited and gave a Saviour in himself altogether sufficient for the saying of all Man-kind and all the lost sons of Adam and he hath most wisely and graciously taken a course on his own part and in it self also fully sufficient and appointed a course and order on mans part that being duly observed might make the same sufficiently effectuall unto all yet it so fals out Mens destruction that very many men attain not to that end for which God did send his Son to save them but are seized on by Gods Justice and cast to eternal condemnation And that chiefly by mans own default and partly in some respects through the default of his Rulers and Teachers yet so that he dies and suffers only for his own sins 1. Through their own default when Kings and Princes 1. By their own fault whom God hath appointed and set to be their Governors and Rulers do by their under-Magistrates and their just laws prohibite them from all evil and wickedness and require them to imbrace all virtues and godliness of life and to this end do appoint their substitutes the Bish ps and other Teachers to guide them and to instruct them to let them know what is good and what is evil and so what they ought to believe and what not and these do faithfully discharge these Offices as Moses and Aaron David and Nathan and many other godly Kings and Bishops did yet men will not obey their Governors but Rebel like Corah Dathan and Abiram and as of late we have done Jer. 11.21 they will not hearken to the voyce of their Teachers but say to the Prophets Prophesy not unto us and say to God himself Depart from us Job 21.14 for we desire not the knowledge of thy Laws or they relye upon their own wisdom and account the Preaching of the Gospel of the cross of Christ foolishness 1 Cor. 1.18 or they follow the ill examples of their Fathers and do worse than their Fathers Jer. 18.12 c. 16.12 or they do addict themselves to the pleasures and vanities of this World that do choak the seed of Gods Word in them or when crosses afflictions and persecution come they are offended Matth. 13. â—2 and start aside like a broken bow Then God seeing these courses that they take contrary to the course that he had set down for their Salvation he complaineth of them that His people would not hear his voyce and Israel would not obey him therefore He gave them up unto their own hearts lusts Ps 81.12 15. and let them follow their own imaginations 2. Mens destruction much furthered by the default of their Governours 2. Though all wicked men do thus chiefly work their own destruction yet many times their fall and ruine is much furthered by the default and apostasie of their Prime-Governours or at least through their neglect and the neglect of their subordinate Magistrates and Ministers the Bishops and Preachers that are under the Kings and Princes the Governours of God's Church For God having set these Rulers the Supreme and subordinate to be the Watchmen and Shepherds over his people to govern them and teach them how to live justly and holily that they might attain to eternal life if by their default their misleading of them out of the way or neglect to shew them the right way the people do miscarry the men so misguided and not instructed Ezech. 33.8 shall die in their iniquity and God will require their blood at the Shepherds and Watchmens bands And yet Cain a principal Ruler of and over his Posterity misleading and not teaching them the right Worship of God perished himself and
brought all them that followed him and his wayes to the like perdition And so Nimrod Esau and Ismael falling away from God and Jeroboam setting up his golden gods and many other Kings and Princes neglecting their duties apostatizing from God and misleading their people brought them in like manner to their utter ruine And as many times the people are brought to their ruine by the evil example Scilicet in vulgus manant exemplaregentum utque ducum lituos sic mores castra sequuntur Claud. 1. Stilic and wicked Government of their Prime-Leaders when as the Poet saith Regis ad exemplum totus componitur orbis And the Souldiers would imitate Alexander in his stoopings and in his vices as well and sooner than in his vertues So many times and oftner too they are brought to the same pass the same pathes of perdition through the lewd examples and neglect of the subordinate Magistrates of the Common-wealth and the Governours and Ministers of the Church of God As when the Princes Esay 1.23 Zephant 3.3 or Nobility are rebellious and companions of Thieves or as Zephany saith like Lions and the Judges are evening-Wolves that judge not the fatherless neither doth the cause of the widdow come unto them And when the Prophets are leight and treacherous persons and the Priests have polluted the Sanctuary and have done violence to the Law either by corrupting it Prov. 29.18 with their false glosses or locking it up in prison and not publishing the same unto the people for where there is no vision the people perish saith the Wise-man And so by their false teaching or no teaching they thrust forward the poor people into perdition And therefore Kings and Princes to whom God in the first place hath committed the Soveraignty and Charge both of Church and Common-wealth Exod. 18.21 ought not only to chuse such Judges and Magistrates as Jethro described unto Moses Able men fearing God men of truth and hating covetousness But when the Cathedrals and Parochial-Churches are built and beautified for God's Worship and for the people of God to meet in them to serve God What manner of Judges and Bishops Kings ought to chuse as they ought to be they should also take care and see that such Bishops and Priests as S. Paul describeth in 1 Tim. 3.2 c. be setled in those Churches to worship God and to bring the people to do their duties that they may attain to eternal life Lest that which S. Hierom complained of in his time should be true in our time That the Altars shined with Gold and pretious Stones Bernard ad Abbat Cluniacen Sed ministrorum nulla erat electio There was no good choice made of good Ministers whereby it was said That they had golden Chalices but woodden Priests as S. Bernard saith it was not much better in his dayes there was not such care taken for good Ministers as they should do For as in Nature we see every thing for its Creation requires a Divine hand and a Miraculous power to produce it but the same being once produced God's hand is not so conspicuous but he leaves it to the soyl as it were to stand and grow by the innate vertue planted in it So it seems to fare with Religion it self which is such a superstructure above Nature that although it be planted by God as both the Jewish and Christian Religion were with signs and wonders and a strong miraculous hand yet men must now conserve it by those ordinary means that God appointed the Church of Christ being like the Garden of God in Eden which the Lord made and then set it to our Parents to keep it and to dress it And though this Religion which at first is thus powerfully planted by God and is the principal Pillar that upholdeth States and makes all Kingdoms happy yet after the inward vertue of the Doctrine of Christ the Bishops and Priests are the main props and the ordinary means that God hath appointed to uphold his Religion and to continue his Service in his Church because Religion can neither plant it self nor sustain it self alone and what support soever it hath from the Prince or the Laws of any Nation yet the Bishâ—ps and Priests are as it were the soul of that power in the execution thereof when as all the substance circumstance and ceremonies have their life from them and our consent and belief in their holy Calling is that which doth and should keep us from the singularity of our own misguided imaginations And therefore that Prince that is truly religious Kings ought to have a special care to chuse good Bishops and hath a special care of God's Service must likewise with King David and as good King Charles ever had have a special care to see that godly and learned Bishops and Priests be appointed in God's Church to instruct his people And you know what S. Paul saith That a Bishop must be blameless the husband of one wife vigilant sober of good behaviour given to hospitality apt to teach not given to wine no striker not greedy of filthy lucre but patient not a brawler not covetous one that ruleth well his own house having his children in subjection with all gravity not a novice or a young new Divine lest being lifted up with pride as young men commonly are he fall into the condemnation of the Devil Moreover 1 Tim 2.1.2.2 4 5 6 7. he must have a good report of them that are without lest be fall into reproach and the snare of the Devil All which large description of those parts and vertues that every Bishop and faithful Minister of God's Church ought to have may for order and method sake be reduced into these two Heads Levit. 8.8 which are the Vrim and the Thummim that Moses put upon the Breast-plate of Aaron and for which he did so earnestly pray that God would grant them unto all the Tribe of Levi saying Let thine Vrim and thy Thummim be with thy holy one or with the man of thy mercy And they signifie The two special vertues that ought to be in every Bishop and Priest 1. The uprightness of his life and conversation 2. The sincerity of his doctrine teaching of his people For so Moses sheweth that Levi did as every Bishop and Priest should do 1. Carry himself most dutifully and obedient in his life and all his actions Vertue 1 towards God as when God proved him at Massa and strove with him at the waters of Meriba he said unto his father and to his mother I have not seen him neither did he acknowledge his brethren nor knew his own children Verse 9. but he observed Gods word and kept his Covenant and preferred the keeping of God's Laws and walking dutifully according to his will before father or mother wife or children which every Christian and especially every Christian Bishop and true Levite ought to do 2. To teâ—ch Jacob the
the Priest given out of that increase will be correspondent to the portion of the Husbandman more or lesse as the Corn in his Barn and the abundance or penury of his Wine-presse and fruits shall be and according to God's blessing upon the earth so shall the Priest and the Husbandman be both alike partakers of God's blessings that both might be alike thankful unto God Whereas if the Priest receives a portion alwayes alike in money when the fruits and increase of the earth are plentiful the Priest hath more than his due and when scarce then lesse then is due according to the proportion of God's blessing And therefore it is apparant that the most eeven and equallest way continually to pay the Minister his hire and the most acceptable unto God is to give it out of Gods blessing of the increase and fruits of the earth And Answer 3 3. I say that out of the increase and fruits of the earth the tenth part thereof is not only by the dictate of Nature and the light of Reason as I have already shewed but also by the Law of Moses and by the Rules of Christ The Tythes are due under the Gospel and the Gospel the right and due proportion that should be set forth and paid for the hire and maintenance of the Priest and Minister of the Gospel For 1. The Tythes are due to Christ as he is a Priest 1. The Priesthood of Christ is an everlasting Priesthood both ex parte ante and ex parte post before his incarnation and after his incarnation and Christ as he was Priest did alwayes receive Tythes before his incarnation therefore as he is Priest he is alwayes to receive the Tythes after his incarnation That the Priesthood of Christ is an everlasting Priesthood as well ex parte ante as ex parte post the Scripture is plain enough to prove it for the Prophet David prophesying of Christ saith The Lord sware and will not repent thou art a Priest for ever after the Order of Melchisedec And the Apostle commenting upon this oath and promise of God concerning Christ proveth these two things that I speak of 1. That he was a Priest continually as well before as after his Incarnation 2. Points proved 2. That he received the Tythes alwayes as he was this Eternal Priest 1. That Christ was a Priest before his incarnation and after his incarnation 2. That Christ was the Melchisedec which receiveâ—â—ythes from Abraham The 1. Point he proveth First because that Melchisedec which received the Tythes from Abraham is said to be without father without mother without descent having neither beginning of dayes nor end of life but abiding a Priest continually And 2ly Because that Melchisedec which is there spoken of and received those Tythes from the Patriarch Abraham was none other person than Christ himself in an assumed shape and manhood for a season though not hypostatically united to the Divine Nature so to remain for ever which may easily be proved 1. Reason to 〈◊〉 1. Because the Apostle saith That he was greater than the Patriarch Abraham who is termed the friend of God and the father of the faithful which Epithete with the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Without all contradiction the less is blessed of the better Heb. 7.7 or of the greater as the Geneva Translator reads it doth sufficiently shew Him to be Divinioris cujusdam naturae of a far more excellent and Divine nature than Abraham was 2. Because the Apostle going about to speak of this Melchisedec 2. Reason and to let them understand who he was saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 concerning whom we have many things to say and hard to be uttered Heb. 5.11 or explained which certainly so great an Apostle and so expert in all the Jewish Rites would never have said had he not understood this Melchisedec to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 some excellent and ineffable Person because he doth never say thus when he speaks either of the Angels or of any other of the Types and Figures of Jesus Christ Which you shou d mark 3. 3. Reason Because the Apostle doth not say of this Melchisedec Whose death is not set down or mentioned by Moses for so he might be dead though his death were not spoken of but he saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that David testifieth or witnesseth that he liveth to shew the difference betwixt this Priest that alwayes liveth and those Levitical Priests that ever died and therefore comparing the Priesthood of Aaron and of the Levites and the Priesthood of Christ together he saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And here that is among the Levitical Priests men that die receive Tythes but there he that is Melchisedec or Christ receiveth them of whom it is witnessed that he liveth Wherein I would have you diligently to observe that the Apostle would have us to understand 1. That Aaron and the Levites were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 men 2. That they were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 mortal men that died But this Priest by the Antithesis must be neither man that is simply a man and no more but a man nor mortal after the manner of other men because the Prophet testifieth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that he liveth and therefore going to prove the necessity of the change of the Law he saith it is evident because our Lord sprang out of Judah of which Tribe Moses spake nothing concerning the Priesthood And he addeth that it is yet far more evident Verse 14. because that after the similitude of Melchisedec there ariseth another Priest who is made 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not after the Law of a carnal commandment 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but after the power of an endlesse life and Who hath the power of an endlesse life but Jesus Christ Therefore this Melchisedec can be none other than Jesus Christ because the Apostle saith he was of an endlesse life or otherwise the similitude doth not hold that Christ was of an endlesse life 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 after the likeness of Melchisedec if his life was none otherwise endlesse than what is or may be collected out of Moses touching the endlesse life of Melchisedec but the Apostle proveth Christ to be so of an endlesse life not by what Moses said or said not of Melchisedec but by the testimony of the Prophet David which saith The Lord sware that He i. e. Christ is a Priest for ever and so is of an endlesse life which cannot be said of that Melchisedec spoken of by Moses unless that Melchisedec be Jesus Christ Because that if he was not Jesus Christ we are sure that he died and therefore could not be of an endlesse life 4. 4. Reason Because the Apostle to answer and prevent an Objection that might be made because he had said that Melchisedec 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was made like unto the Son of God meanes
just and so excellent a Law-giver far beyond and much better then all the Law-givers of the Gentiles Greek or Latin there is no reason why other Kingdoms or Nations should not use the same judicial Laws as were used among the Jews for the politick powers of any Kingdom may take Laws from any other Kingdom where they see the best Laws made as the Romans took their Law of the twelve Tables from the Athenians and the Cities of Germany from the Venetians and then Sicut leges quas Athenis Romani transtulerunt cum ab ipsis comprobatae confirmatae fuissent eas nihilominus Jus Civile Romanorum nominarunt As the Laws which the Romans took from Athens when they were received and confirmed by the Senate of Rome Cokus de jure Regis Ecclesiast they were styled The Civil-Laws of the Romans saith the Lord Cook so when any Kingdom or Common-wealth takes those Laws of the Jews that were meerly Judicial and not any waies Moral precepts or the like politick Laws of any other Nation and confirm them for Laws to be observed in their Territories they have the force of binding-Laws and may not with a safe Conscience of any of the Subjects of those Dominions where they have their Sanction be voyded or violated CHAP. XVII What the ancient Fathers of the Church and the Councils collected of most Learned and pious Bishops have left written concerning Tythes And of the three-fold cause that detains them from the Church What the Fathers say of Tythes and Oblations ANd now having seen by the Testimony of the Holy Scripture and by many Reasons that the Tythes are by a Divine right due to Christ and his Ministers Let us hear what the Fathers and Councils and the Canons of the Church have said of this point concerning Tythes and I do find that Irenaeus Iren. l. 4. c. 34. who was Scholler to Polycarpus that was the disciple of S. John the Evangelist saith Offerimus Deo bona nostra ut signa gratitudinis pro illis donis quae à Deo recepimus We offer to God our goods that is our Tythes and Oblations to God as the signs and tokens of our thankfulness unto God Origen in num Hom. 11 for those gifts which we receive from God And Origen saith Qui colit Deum debet donis oblationibus agnoscere eum Deum datorem omnium He that Worshippeth God must by his gifts and oblations that is his Tythes and Offerings acknowledge God to be the Lord and giver of all things Extra de decim c. Cum non sit And Innocentius saith Deus speciali titulo decimas sibi-ipsi reservavit in signum dominationis jurisdictionis super omnia God hath by a special title reserved and kept unto himself the Tythes of all things to shew and put us in mind of that Vniversal power right and Dominion that he hath over all things Itaque Judaei decimas persolvendo testabantur quod omnia sua seque adeò ipsos Deo autori omnium bonorum largitori deberent And so the Jews by the payment of their Tythes testified that they owed all that they had and themselves also to God the Author and the giver of all good And what God hath reserved to himself he hath resigned and given to his Ministers that do serve at his Altar because the Lord requireth none other reward from us but what tendeth to his Worship to Praise him and magnify him for ever And it is an argument of his Infinite loving kindness that for all the fruits and profits that he bestoweth upon us he requireth by way of precept as a Rent-charge to maintain his publick Worship but the tenth part to be restored back to him again and that only to this end that his people might not forget him to be their God and the giver of all the good that they have And in that respect S. Gregory saith Cum non ab hominibus sed à Deo ipso decimae sunt institutae quasi debitum exigi possunt Seeing the commandment of paying Tythes is not from men but from God himself they may be required by Gods Ministers as due debts that do belong unto them But to let pass what I might collect from all the rest Saint Augustine Decret Greg. l. 3. tit 30. c. 34. that in my judgment is the most learned and most judicious of all the Fathers is most plain and plentiful in this point saying Haec est Domini justissima consuetudo Si tu illi decimam non dederis tu ad decimam revocaberis id est daemonibus quae est decima pars angelorum associaberis This is the just proceeding of the Righteous Lord that if thou wilt not pay thy Tythes to him thou shalt be reduced unto the tenth and associated unto the Devils which is the tenth part of the Angels and in the interim the mean while Dabis impio militi quod non vis dare Dei Sacerdoti What thou wilt not give to Gods Minister thou shalt give to the wicked Souldier or it shall be consumed some other way but on the other side Aug. de doctrina Christiana Si tu decimam dederis non solum abundantiam fructuum recipies sed etiam sanitatem animae corporis consequeris sic decimas dando terrena coelestia possis praemia promereri quia Dominus qui dignatus est totum donare decimas à nobis dignatus est recipere If thou dost willingly and justly pay thy Tâ—thes Malach. 3. thou shalt not only reap and receive abundance of fruits as the Lord hath promised but thou shalt likewise obtain health of body and forgiveness of thy sins and eternal life as Rainerus observeth and so by paying thy Tythes thou doest procure unto thy self both Earthly and Heavenly blessings because the Lord which vouchsafeth most bountifully to bestow all upon us is most graciously pleased to receive the Tythes from us and that non sibi sed nobis proculdubio profuturas not for any benefit to himself but altogether without question for thy profit that thou mayest be instructed to serve God and that his Priests may pray to God for thee when thou doest work for them that God may bless thee and bless all that thou takest in hand And what madness is it then in all covetous worldlings to deny their Tythes unto their Ministers when as I said before Decimas dando possint terrestria coelestia promereri pro avaritia sua denegando duplici benedictione fraudari By paying their Tythes they shall receive both Earthly and Heavenly blessings and by denying them through their Covetousness they shall deprive themselves of this double blessing and as S. Jerome saith make themselves lyable to many judgments for Quia non reddidistis decimas idcircò in penuria fame maledicti estis because you have not paid your Tythes you are accursed and do often perish with hunger and want
and many Acts to pass to justify and to make good and Lawful the Taking away Leasing Selling and Alienating the Tythes Lands Houses and Possessions of the Church and of our High Priest Jesus Christ from his servants to be inherited by lay persons and many other Acts of Parliaments have been made since that time to the same purpose which very thing we conceive as I have shewed to be very High Sacriledge and a robbing of Jesus Christ and the obstructing of his service and we fear the cause of the perishing of many souls And therefore how the Shield of the Pope's Authority that was the first Foster-Father of this execrable and accursed title of Impropriation or the power of King Henry the 8th that would expunge the Pope's Sacriledge with a greater Sacriledge and be the second Patron of this Bastard brood or all the pretences of the now detainers of the Tythes and portion of Christ and the Lands Houses and Possessions of the Church by these Humane Laws can bear off the blow of Gods wrath and turn aside the fierceness of his vengeance when in the day of his fury he shall powre out the full vial of his indignation upon the head of all Sacrilegious persons and upon the children and posterity of them that have devoured the Lords inheritance and laid wast his dwelling place I can no waies understand neither do I know how to give them any comfort or counsel but to advise them to a full and timely Restitution of that which otherwise will be their utter destruction Quia non remittitur peccatum August ad Maced Epist 54. donec restituatur oblatum cum restitui potest The sin shall never be remitted and blotted out of Gods book until the Tythes and goods of Gods Church be restored when men can restore them and will not do it CHAP. XVIII Of the second part of the Stipend Wages and Maintenance of the Ministers of the Gospel which is the Oblation Donation or Free-wil-offering of the people for to uphold and continue the true service of God and to obtain the blessings of God upon themselves and upon their labours which Donations ought not to be impropriated and alienated from the Church by any means YOu have heard of the first part of the Ministers maintenance the second part consisteth in the voluntary Oblations or Free-wil-offerings of the people which the Lord requireth should be done according as every one in his own heart thought good to bestow upon the service of God and what they did offer in this kind was most acceptable in the sight of God For this is a Principal Branch of that Honor which we yield unto God by and with our substance which we are injoyned to do Prov. 3.9 Because what we relieve the poor with is not so much our alms as their exigence which as necessity exacts it so it is soon passed and as quickly perisheth but those Donations that were given for the service of God as they savour of a more inward and deeper piety so they are of a more lasting substance and besides the eternal Treasures which men do thereby lay up for themselves they do provide for the perpetuity of Religion unto the after-ages of men and may be justly said to Honour God not only in themselves but in all those likewise which they gain by their Donations to Honor him And it is strange and marvellous to consider how liberal and how free the people of old time were in their Donations and Free-wil-offerings to maintain the Worship of God and to do any thing that did any wayes appertain to his service for if you look into the 36. Chapt. of Exod. vers 5. you shall find how Bezaleel and Aholiab spake unto Moses saying The people bring much more then enough for the service of the work which the Lord hath commanded to be made Exod. 36.5 6 7. and Moses gave commandment and caused it to be Proclaimed through the Camp that they should bring no more for that they had already brought enough and too much So they that returned out of Babylon were as ready and as willing to offer up their gifts and free-wil-offerings for the service of the Temple as their Forefathers were for the erecting of the Tabernacle Neh 7.70 c. 10.33 as you may see it in the books of Ezra and of Nehemiah But the Christians of the Primitive Church were so zealous herein that they exceeded all that went before them in their Donations and Free-wil-offerings for the service of God and the increase of the Christian Religion for they sold their Lands and Possessions and laid the prizes thereof at the Apostles feet and had all things in common among themselves And Pope Vrban the I. Platin. in Vrban instituted Vt ecclesias praedia ac fundos fidelibus oblatos episcopus reciperet partireturque proventus clericis omnibus viritim nihilque cujuspiam privatum esset sed in commune bonum That the Bishops should receive the Churches Possessions and grounds offered to the Faithful and that the profits thereof should be divided by the Clergy man by man and that nothing should be of private propriety to any one but in common amongst them all And Gratian tels us that by a decretal Epistle unto all the Bishops he decreed that none should presume to alienate ought of the Church Revenues under the pain of Excommunication And Pope Lucius the I. about twenty years after Vrban directed an Epistle to the Bishops of Spain and France to the same purpose And though the malice of Dr. Burges towards the Bishops will not suffer him to yield Vide Flor. hist ad an 186. Matth. Westm that King Lucius gave the Lands of the Idol-Priests unto the Christian Bishops yet is it clear enough out of Antiquit. Brit. and Armachanus that Lucius endowed the Christian Church with more Lands and Revenues then the Idol-Priests injoyed And afterwards while it was permitted by the Imperial Laws for every one to Collate upon the Church whatsoever he would without exception Cod. l. 1. titulo 5. l. 1. their Donations were so great that the Kings and Emperours conceived it fit with Moses to grant a prohibition that they should not offer any more nor bestow any Lands or Goods upon the Church without some special licence and toleration from the Civil Magistrate for fear that the Church if this freedome of Donations should still continue would have sucked out all the blood from the veins and the marrow out of the bones of the politick body and so leave the Common-Wealth deprived of their Lands like Pharaohs lean and evil-favoured Cows and the Church like those that were fat and wel-liked And therefore they enacted the Statute of Mortmain that was a supersedeas against these too-liberal contributions and the Emperour Justinian enacted that no Legacy bequeathed unto the Church exceeding the value of five hundred Crowns should be good in Law without a special licence from the
of the Priests for his Service so he takes the Gifts and Donations and Oblations of the people unto himself saying Thou shalt give them me Exod. 22.30 So he calls the Church his House Matth. 21.13 and the Tythes his Tythes saying Will a man rob his God yet you have robbed me in Tythes and Offerings And for lands he saith You shall offer unto the Lord an holy portion Ezech. 45. 1. And the same Law S. Paul presseth under the Gospel as you may see in 1 Cor. 9.13 14. and 1 Tim. 5.17 18. For though we have some differences in the manner of God's Worship when as the Sacrifices and several Ceremonies are abolished yet there is the same substance for the Guides in God's Worship which is the reason of the Law as the Prophet Esay in the Name of the Lord hath foretold us when as prophesying of the state of Christ his Church and the Ministers thereof he saith And I will also take of them for Priests and Levites Esay 66.21 saith the Lord and not lay-men And therefore these things may not be sold away or alienated and impropriated from the Priests because that now God hath the best Interest therein and though before they were devoted given to him you might have told them alienated them or put them to what use you would yet now being God's proper goods even by your own Donation you may not without God's consent impropriate them from God and from his Service For As in the case of Marriage before the Marriage both the man and the woman are free to do what they please to marry or not to marry consensus partium and both their consents publickly attested by the Priest makes up the Marriage but after they are Marryed let them both consent as they will and as often as they will yet there desire and consent cannot dis-joyn them and dissolve the Marriage because that now God had a hand in the Marriage and whom God hath joyned together neither they themselves nor any man else may put assunder Even so it is in the case of devoted and consecrated things lands houses or what you will offered up as a Free-will-offering unto God Before you make your Oblation of them you may do with them what you please give them or not give them as the man might marry this woman or not marry her but when once they are offered and given unto God you must not make a mock of God and alienate or impropriate them from Him and his Service or if you do Solomon will tell you It is destruction and a snare to the man Prov. 20.25 which devoureth that which is sanctified or given to God and after vows to make inquiry and search for wayes to deprive God of them as now our men of War and many others do But if men gave 5 pound or 10 pound or other sum Obj. unto the Church for the furtherance of God's Service and to secure the same appointed lands worth 50 pound or a 100 pound to pay it unto the Bishop or other Ministers of the Church Will you have the lands and not rather still accept of the money that was to be paid out of those lands and was the true meaning of the Donor I answer God forbid that any man in such a case Sol. should desire to have any more than what was given and intended to be given for God accepteth of no unjust acquisitions and a just man requireth no unjust thing But when the whole is given to God no Bishop for love either to his wife or children or for any other gain should lett and lease that for 5 pound which is worth 50 pound or the like as I have shewed to you before But I know what our sacrilegious persons Obj. that take the Tythes of impropriations and the lands houses and possessions of the Church into their possessions will further object and say for themselves and against me That our Laws do allow them to do what they do and our Bishops that knew God's will as well or better than my self have formerly lett out the lands and houses belonging to the Church in fee-ferme and for a very small rent unto their Tenants and Fee-fermers and they do still lett out long leases of them unto their children and friends and therefore they are not to be blamed but if there be any fault herein it is in our selves and in our Predecessors To which Objection I shall answer but as I did before Sol. That tyrannical fierce and wilful Kings and Princes and wicked Governours See what I say in the Grand Rebellion c. 7. when they have once got power and authority into their hands as was King Henry the Eighth and the late Rebel and Usurper Crumwell will make what laws and force the people in their Parliament to give their consent to what Acts and â—â—tutes soever they please And do you think that such Laws can excuâ—â—â—ou for the breach of the Law of God And for our Bishops that do of have done such things to the prejudice of the Church and the great dishonour of our God I confess majus peccatum habent our sin is more than yours for we are but God's Stewards intrusted with the implements of his House and the revenues of his Church to be used and imployed not wastefully upon our selves in pride or upon our children to make them Knights or Lords and Ladies but for the best advantage and furtherance of God's Service and the honour of Jesus Christ as he hath commanded us to dispose of them and you know we must render an account of our Stewardship and how soon I know not and if we waste our Masters goods or take all or more than is due unto our selâ—â—â— â—hen we should dispose of it to other uses for the Service of our Masâ—â—r I know not how we shall answer it But I know that our greater sin in imbezelling and alienating our Masters goods and the Revenues of his Church will not quit and excuse you for your lesser sin in being copartners with us in this Sacriledge for as the receiver of any stollen goods is liable to the Law as well as the stealer of his neighbours goods so is the lessee as well as the lessor the detainer as well as the maker away of these unlawful Fee-ferms and long Leases of the Church-Revenues liable to the just judgement of God And therefore in this respect that the Donations and Free-will-offerings of religious and holy men were given not to men but to God and for the Honour and Service of God and the good of his Church the worthiest Bishops and best Prelates and Servants of Christ would rather suffer the greatest indignities and the heaviest wrath of the most powerful Commanders than they would yield to satisfie their desires that sought to take away or alienate the goods of God that were dedicated to him for the service of his Church For when at the instigation and
profoundnesse of knowledge Nazian Orat. 1. was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 termed Theologus the Divine saith that the fury of Julian that great Apostata was repressed onely with the tears of the Christians which many of them did most plentifully powre forth to God when they had no other remedy against their Persecutor Mark that they say It is unlawful to resist because they knew it unlawful for them to use any other means then sufferance or else they might having so much strength as they had have repelled their wrongs with violence Saint Ambrose saith as much and Prosper in like manner saith Ambros ep 33. The present evils should be suffered untill the promised happinesse doth come the Infidels should be permitted among the faithful and the plucking of the tares should be deferred and let the wicked rage against the godly as much as they will yet the case of the righteous is far better because that Quantò acriùs impetuntur tantò gloriosiùs coronantur Prosper in sent 99. by how much the more sharply they are tormented by so much the more gloriously they shall be crowned And Saint Bernard saith If all the world should conspire against me and conjure me that I should plot any thing against the royal Majesty yet I would fear God and would not dare to offend the King Bernard Ep. 170. that is appointed of him over me because I am not ignorant of the place where I read Whosoever resisteth the Power resisteth the Ordinance of God And yet he speaketh this of King Lodovicus that offered a monstrous wrong to all the Clergy when he robbed them and took away all their goods without cause and which is worse would hear of no perswasions to make restitution or to give them any satisfaction Gaguin lib 6. as Gaguinus testifieth Thus the Fathers whereof I could heap many more do testifie of this truth and the School-men tread in the same steps The School-men of the same judgement and differ not a nails breadth from them herein For Alexander Hales saith wicked and evill men ought to suffer for the fault of their irrationability and good men ought to suffer Propter debitum divinae ordinationis for the duty that they owe to the divine ordinance and the benefit of their own purgation Whereupon Saint Ambrose saith Ambrosius in Rom. 13. If the Prince be good he doth not punish the well-doer but loveth him because he doth well but if the Prince be evill and punisheth the well-doer he hurteth him not but purgeth him Alex. Hales p. 3. q. 48. memb 2. art 1. de offic subd erga Princ. and therefore he is not a terrour to him that doth well but the wicked ought to fear because Princes are appointed that they should punish evill Aquinas saith The faith of Christ is the beginning and the cause of righteousnesse and therefore by the faith of Christ the order of Justice is not taken away but rather setled and strengthened because as our Saviour saith It became him to fulfill all righteousnesse But the order of justice doth require that all inferiours should obey their superiours otherwise the estate of humane affairs could no ways be preserved Tham. secunda secundae q. 104. art 6. and therefore by the faith of Christ the godly and the faithful Christians are neither exempted nor excused but that they are tyed and bound by the Law of Christ to obey their secular Princes Where you see the Christian faith doth not submit the superiour to the inferiour contrary to the rule of justice neither doth it any wayes for any cause permit the power of the sword to any subject to be used against his Prince because this inordinate power would turn to the ruine of man-kind and the destruction of all humane affairs which can no otherwise be preserved but through the preservation of the order of justice Indeed many times there may happen some just causes Wherein we may disobey and how for which we are not bound to obey the commands of our Magistrates as when they command any thing contrary to the commandements of God and yet then there can be no cause why we should withstand him that executeth the unjust sentence of our condemnation or requireth the punishment that an unjust malitious Magistrate under the colour of his power and authority hath most unjustly laid upon us because he hath as our Saviour saith unto Pilate this ordinary power from God which if he doth abuse he is to be refrained not by the preparation of arms and the insurrection of his subjects to make impressions upon their Soveraign but by those lawful means which are appointed for them that is Petitions unto him and prayers and tears unto God for him because nothing else remaineth to him that is guilty or condemned as guilty for any fault but to commit his cause to the knowledge of the omnipotent God and to expect the judgement of him which is the King of Kings and the Judge of all Judges and will undoubtedly chastize and correct the iniquity of any unjust sentence with the severity of eternal justice Barcl l. 3. c. 10. as Barclay saith These testimonies are clear enough and yet to all these I will adde this one memorable example Berchetus in explicat controvers Galli cana cap. 7. which you may read in Berchetus and Joh. Servinus which tells us that in France after the great Massacre ut Paris when the reformed Religion did seem as it were forsaken and almost extinguished a certain King powerful in strength rich in wealth and terrible for his Ships and navall Force which was at enmity and hatred with the King of France dispatched a solemn Embassie and Message unto Henry King of Navarre and other Protestant Lords and commanded his Embassadors to do their best to set the Protestants against the Papists and to arm Henry the Prince of Navarre which then lived at Bearn under the Dominion of the most Christian King against his Soveraign the French King which thing the Embassadours endeavoured to do with all their art and skill An example of a faithful and excellent subject but all in vain for Henry being a good subject as it were another David to become a most excellent King would not prevent the day of his Lord yet the Embassadours offered him many ample fair and magnificent conditions among the rest abundance of money the summe of three hundred thousand Aureorum Scutatorum French Crowns which were ready to be told for the preparation of the warre and for the continuation of the same there should be paid every moneth so much as was necessary but Henry being a faithful Christian a good Prince a Widower and though he was displaced from the publique government of the Common-wealth and for his sake for the dislike the King bare towards him the King had banished many Protestants from his Country and had killed many faithful Pastours yet would not he
felt before as you may find in Appian those infinite miseries that succeeded in severall fields and battels which could never end untill the overthrow of Anthony by Augustus Caesar And when Nero perished it fell out with no good successe but the next year that followed after his death felt more oppression and spilt more blood then was spilt in all those * nine years wherein he had so tyrannically reigned His first Quin quennium was good So when the Athenians had expelled one Tyrant they brought in thirty And when the Romans had abandoned their Kings they did not put away the tyranny but changed the Tyrants for wicked Kings they chose more wicked Consuls which is nothing else but as the Proverb goeth Antigonum effâ—dere to go out of Gods blessing into the warm Sun or rather to change a bad Master for a worse A fable worth the observing And this is contrary to the judgement of that ulcerated wretch in the fable who when the traveller saw him full of flies swarming in his sores and pitying his miseries would have swept them off prayed him to let them alone for that these being now well filled would suck the lesse but if these were gone more hungry flies would come which would most miserably suck his blood And so Histories tell us of many other Kings that by Heathens and rebellious subjects were for their injustice cruelty and tyranny either expelled or murdered but very seldom or never with any publick benefit when the chiefest plotters of any rebellion do most chiefly aym at their own private revenge Who do many times rebell and why or profit Yea many times those very Parasitical Lords that have most perswaded the King to do things which he knew not to be illegall and made benefit of those Monopolies and exactions to their own advantage to fill their own purses and then upon either discontent with the King or to content the people and to escape their own due deserved punishment will be the chiefest upbraiders of their King the greatest sticklers of rebellion and the head leaders of all the disloyal Faction What fools then are the people upon the false pretence of publique good to take up arms to destroy themselves when this name of publique good is nothing else but a vain shadow to hide their private ends Or were it granted that it might happen for the publique good yet it is not good to do it because it can never stand with a good conscience because it is contrary to the Commandement of God A threefold power in every Tyrant for in every Tyrant there is a three-fold power and authority that doth concurre 1. Paternal 2. Conjugal 3. Herile and you know the law of God doth not permit the children to renounce their father nor which is lesse to laugh at their fathers nakednesse nor doth it suffer the wife to forsake her husband nor the servant to chastise his Lord and Master and therefore much lesse may the Subjects deprive their King from his Dominion and take from him what God hath given him or any wayes chastize him for his ill government whereof he is accomptable to God and not to them or if they might depose him or reduce him by their correction when he doth degenerate into a Tyrant yet seeing there are many kinds of Tyrannies I demand if the same reason shall serve to proceed against all kinds of Tyranny Punishment should be proportionable to the fault to the like condemnation of all tyrannous Kings and this every Sophister will deny for where the punishment is not proportionable to the fault the sentence is most unjust and the suppressors of the Tyrant do shew the signs of a worse tyranny and if there must be an adaequation of the punishment to the sin I would know how they would distinguish to impose the just measure that is due to each kind of tyranny Three kinds 1. Kind But to leave the Rebels in this Labyrinth till they be better able to evade I say that there are three speciall kinds of tyrannies 1. Is against all humane right for his own private commodity to the publique Kind 1 losse and dammage of his subjects as was the tyranny of Achab when he took away Naboths vineyard 1 Sam 8. and of those Kings which Samuel doth describe 2. Violateth the divine Law to the contumelie of the Creatour as was Kind 2 the tyranny of Nebuchadnezzar when he would have forced the three children to adore his golden Image and of Jeroboam the son of Nebat that made Israel to sin because he compelled them to go to Dan and Bethel to adore his Calves and hindred them to go to Hierusalem for to worship the true God 3. Treadeth and trampleth under foot both the divine and humane Kind 3 right to the utter overthrow of all piety and justice as was the tyranny of Manâ—sses Julian and others that regarded neither the worship of God nor the good of men And I do confidently affirm that each one of these tyrannies apart or all of them coupled in one Tyrant as well that which offereth violence unto God as that which bringeth calamity and cruelty unto man ought to be suffered and not abolished untill he doth abrogate the same which alone looseth the belts of Kings and girdeth about their loyns as Job speaketh For you know the fore-named Tyrants and many more as bad or worse then they as Solomon himself that by his Oppression Polygamy and Idolatry had most grievously sinned both against God and man and yet all of them went on without either the diminution of their glory These should be our patterns unlesse we have some new revelations or the losse of their dominions and Achab did most tyrannically kill Naboth and took away his Inheritance without law as David did before kill Vrias a most innocent man and took away his wife contrary to all law which was death by their law to any other man and he exiled the Prophets and was the death of many of them and he trampled down the true Religion under his feet and by publique authority established the Idolatrous worship of Baal in every place and yet neither the inferiour Magistrates nor the greatest Peers nor the consent of all the people durst presume contrary to the Ordinance of God to depose or suppresse any of these tyrannous men If you alleadge Jehu I confesse indeed he did it Object 2 Reg. 2. Sol. when he conspired against Joram his own Lord and Master But how did he this By a power extraordinarily given him from Heaven as you may see in the 6. and 7. verses of that Chapter when the same was not permitted him by any lawes as Jezabel her self could tell him Had Zimri peace which slew his Master to whom he might have answered He breaks no Law that obeyeth the commands of the Law-maker no more then the Israelites could be accused of theft when they did rob the
which never hoped for any glory in the Kingdome of Heaven but by suffering patiently in the Kingdom of the Earth and when they could did faithfully discharge the duties of their places and when they could not did willingly undergo the bitternesse of death and were alwayes faithfull both to their good God and their evil Kings to God rather by suffering Martyrdom then offend his Majesty and to their Kings not in committing that evil which they commanded but in suffering that punishment which they inflicted upon them 2. Not the Nobility or Peers Calvin Instit l. 4. c. 20. Sect. 31. Beza in confess c. 5. p. 171. Autor vindic q. 3 pag. â—03 Alchus de polit c. 14 pag. 142. 161. Danaeus de polit Christiana l. 6. c. 3. p. 413. 2. As no private men of what rank or condition soever they be so neither Magistratus populares the peoples Magistrates as some term them nor Junius Brutus his Optimates regni the prime Noble-men of the Kigdom nor Althusius his Ephori the Kings assistants in the government of the people nor his great Councel of Estate nor any other kind calling or degree of men may any wayes resist or at any time rebell for any cause or colour whatsoever against their lawful Kings and supreme Governours 1. Because they are not as Althusius doth most falsely suggest Magistratus summo Superiores but they are inferiours to the supreme and chief Magistrate otherwise how can he be Summus if he be not Supremus or how can Saint Peter call the King supereminent 1 Pet 2.13 if the inferiour Magistrates be superiour unto him and it is Reason 1 contra ordinem justitiae contrary to the rules of justice as I told you before out of Aquinas 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that the inferiours should rise up against their superiours which hath the rule and command over them The Inferiour should never rise against his Superiour Optat. de schis Donat. l. 3. p. 85 as the husband hath over the wife the father over the sonne the Lord over his servants and the King over his subjects and therefore Jezabel might truly say Had Zimri peace which slew his Master And I may as truly say of these men as Optatus saith of the Donatists when as none is above the King or the Emperour but onely God which made him Emperour while the inferiour Magistrates do extoll themselves above him they have now exceeded the bounds of men that they might esteem themselves as God Non verendo eum qui post Deum ab hominibus timebatur in not fearing him which men ought to fear next to God But the words of Saint Peter are plain enough 1 Pet. 2.15 Submit your selves unto every ordinance of man for the Lords sake whether it be unto the King as supreme or unto Governours as unto them that are sent by him for the punishment of evil doers and for the praise of them that do well Wherein you may see not onely the subordination which God hath placed betwixt the King and his Subjects but also that different station which is betwixt the Supreme and the inferiour powers for the words sent of him do most clearly conclude that the inferiour Magistrates have no power to command but by the vertue power and force which they receive from the supreme and that the inferiour Magistrates opposed to the supreme power are but as private men and therefore that as they are rulers of the people so being but instruments unto the King they are subjects unto him to be moved and ruled by him which is inferiour to none but God and their authority which they have received from him Inferiour Magistrates in respect of the king are but private men can have no power upon him or to manage the sword without him and especially against him upon any pretence whatsoever how then can any or all these Magistrates make a just war against their King when as none of them can make any just warre without him 2. Because as Bodinus saith most truly the best and greatest not onely Reason 2 of the inferiour Magistrates but also of all these Peers Nobles Counsellors or what you please to call them have neither honour power nor authority but what they have given them from him which is the King or supreme Magistrate as you see God made Moses the chief Governour and Moses made whom he pleased his Peers and his inferiour Magistrates and as they have all their power derived from him that is the chief so he that is the King or chief can draw it away from them that are his inferiours when he pleaseth and as he made them so he can unmake them when he will and none can unmake him but he that made him that is God himself and therefore David that was ex Optimatibus regni the greatest Peer in Israel being powerful in warre famous in peace the Kings son-in-Son-in-law and divinely destinated unto the Kingdome yet would he not lay his hand upon his King when he was delivered into his hands And this Buchanan cannot deny but confesseth that the Kings of the Jews were not to be punished or resisted by their subjects because that from the beginning they were not created by the people but given to them by God Buchanan's absurdity and therefore saith he jure optimo qui fuit honoris autor idem fuit poenarum exactor it is great reason that he which gives the honour should impose the punishment But for the Kings of Scotland Buchan de jure Regni apud Scotos they were saith Buchanan not given them of God but created by the people which gave them all the right that they can challenge Ideoque jus idem habere in reges Multitudinem quod illi in singulos è multitudine habent which is most false for Moses tells us that immediately after the deluge God the Creatour of all the world ordained the revenging sword of blood-shed and the slavish servitude of paternal derision wherein all the parts of civil jurisdiction and regal power are Synecdochically set down and Job saith that there is one God which looseneth the bond of Kings Job 12.18 and girdeth about their reines which must be understood of the Gentile-Kings because that in his time the Commong-wealth of Israel was not in being and God himself universally saith By me Kings do reign that is all Kings not onely of the Jews but also of the Gentiles and Christ doth positively affirm that the power of Pilate was given him from Heaven and Saint Paul saith There is no power but what is appointed of God And Tertullian saith Inde Imperator unde homo iude illi potestas unde spiritus he that made him a man made him Emperour and he that gave him his spirit gave him his power And Irenaeus saith God ordained earthly Kingdomes for the benefit of the Gentiles Et cujus jussu homines nascuntur That God is the ordainer of
and the chief hâ—ads of all the people which are flos medulla regni are therefore added unto the superiour Magistrate 1. By Reason both to be his helpers in the government and also to refrain his licentiousnesse and to hinder his impieties if he degenerate to be an Idolater or a Tyrant 2. By Examples And to confirm this Tenet they produce many examples both out of the sacred and prophane Histories as the Judges that rose up against their neighbour-Tyrants Ezechias against the King of Assyria the people withstanding Saul that he should not slay Jonathan Ahikam defending the Prophet Jeremy against King Jehoiakim the revolâ—ing of the ten Tribes in the time of Rehoboam Jerem. 26.24 the Priests and Princes of Juda taking away Athalia the Macchabees arming themselves against Antiochus and others of the Macedonian Tyrants Thrasibulus driving the thirty Tyrants out of Athens the Romans expelling their flagitious Kings Consuls and other Tyrants that behaved themselves most wickedly out of Rome and so many Peers and Potentates of other Kingdomes that in the like cases did the like To all which I answer Sol. 1. Their Reasons answered 1. That it is most false that any Peer or inferiour Potentate Magistrate or other is appointed by God to be the Associate of the King or supreme Governour for the government of the people for as God and not the people appointed Moses Joshua Gideon and the other supreme Judges of Israel so Moses and not God immediately as he did the others appointed the Rulers of tens To what end kings do choose their inferiour Magistrates fifties hundreds and thousands which alwayes acknowledged themselves his subjects and not his associates in the government of the people And so other Kings and Princes have alwayes chosen whom they pleased to be their Peers Counsellors and inferiour Magistrates as well to bear some part of their burthen as Jethro saith unto Moses and to lessen their care as also to afford them their best assistance and counsel in the discussion and determination of great and difficult affaires but not for them to prescribe and set down Lawes Orders and Ordinances that should either moderate their royal liberty or bridle and revenge what they conceive to be Idolatry or Tyranny I am sure no King that did intend to be a Tyrant would choose Counsellours or make Magistrates to that end but they make choyce of them as I said to further them and not to hinder them to effect those things which they conceive to be most fit and just for the Magistrates that are over the people are under the King and do all All the inferiour Magistrates must do all in the name of the Superiour as you see in the name of the King from whom they derive all the power that they have whereby it followeth that neither the people can resist the Magistrates whom the King appointeth nor those Magistrates resist their King without apparent sacriledge against God because the greater can never be judged nor condemned by the lesser but as the Apostle saith of Abraham and Melchisedech Heb. 7.7 that without contradiction the lesse is blessed of the better so I say that without all controversie the inferiour must be alwayes judged of the superiour and therfore if these Peers Nobles or inferiour Magistrates have any wayes any power or authority over their Kings we must conclude against Saint Peter that these are above the King and so they and not the King are the supereminent power But we find no such power nor commandement that they have from God to refrain Kings in all the holy Scriptures Et si mandatum non est praesumptio est ad poenam proficiet non ad praemium and if there be no commandement for it it is presumption to do it which deserveth punishment and not praise because it is to the reproach of the Creator that contemning the Lord we should worship the Servant and neglecting the Emperour we should adore or magnifie his Peers as S. Augustine saith And therefore both the learned and religious Fathers And the Homily of the Church of England against wilful Rebellion and the best of our later Writers are flat against this Doctrine that any sort of men have any power over Kings but he that is the King of Kings as you may see what would be too teadious for me to set down in Johan Bodinus Apol. pro Regibus c. 27. de repub l. 2. c. 5. Barclaius contra Monarchom l. 3. c. 6. Berchetus in explicat controvers Gallicar c. 2. Saravia de Imperator autorit l. 2. c. 36. Sigon de repub Hebraeor l. 7. c. 3. Bilson de perpet Eccles gubernat c. 7. Pet. Gregor Tholos de republ l. 5. c. 3. num 14 15 16. and many more 2. For the examples that are produced 2. Their examples answered to countenance Rebels against their Kings I answer that they are unlike or of some peculiar fact or unjust and therefore no warrant for any other to do the like when as we are to live by the lawes and precepts of God and not by the examples of men which many times contrary to equity do induce us to transgresse the divine verity But to run over the particulars of their examples as brief as I can 1. I say that to conclude an ordinary rule from the doings of the Judges 1. Example answered which were extraordinarily commanded by God to be done is no more lawful for us to do then it is for us to rob our neighbours August in Jud. c. 20. because the Israelites robbed the Egyptians as Saint Augustine sheweth And therefore Aquinas if Aquinas be the Authour of that book Thom. de Regimine Princip l 1. c. 6. De Regimine Princip saith excellently well Quibusdam visum est it seems to some men that it pertaineth to the honour of valiant and heroical men to take away a Tyrant and to expose themselves to the perill and danger of death for the liberty and freedom of the Multitude whereof they have an example in the Old Testament where Ehud killed Eglon Judg. 3.21 But this agreeth not with the Apostolical Doctrine for Saint Peter teacheth us to be subject not onely to the good but also to the froward because this is thank-worthy with God if for conscience sake we patiently suffer wrongs therefore when many of the Roman Emperours did most tyrannically persecute the faith of Christ and a great and mighty multitude both of the Nobility Gentry and Commons were converted unto Christianity they are praised not for resisting but for suffering death Besides A great deal of difference betwixt a lawful King and an Usurper Eglon was not the lawful King of Israel but an alien an usurper and a scourge to them for their sinne and therefore no pattern for others to rebell against their lawful King 2. For the example of Ezechias rebelling against the King of Assyria 2.
whom he bestowes it and this made Shemaiah the man of God to warn Rehoboam not to fight against his brethren for as when God commanded Abraham to kill his sonne it was a laudable obedience and no murther to have done it and when he commanded the Israelites to rob the Aegyptians it was no breach of the eighth Commandement so this revolt of these Tribes if done in obedience unto God could be no offence against the Law of God but because they regarded not so much the fulfilling of Gods will as their not being eased of their grievances and the fear of the weight of Rehoboam's finger which moved them to this Rebellion I can no ways justifie their action and though God by this Rent did most justly revenge the sinne of Solomon and paid for the folly of Rehoboam yet this doth no wayes excuse them for this rebellion because they revolted not with any right aspect and therefore it is worth our observation that the consequences which attended this defection was a present falling away from the true God into Idolatry and not long after to be led into an endlesse Captivity Which is a fearful example to see how suddenly men do fall away from God and from their true religion after they have rebelled against their lawful King and how to avoid imaginary grievance they do often fall into a real bondage and so leap out of the Frying-pan into the fire And for the Edomites they were not Israelites that led their lives by the law of God neither can any man excuse the conspirators against Amazia from the transgression of the Law of God 6. For Vzziah that was taken with a grievous sicknesse so that he Example answered 6 could not be present at the publique affaires of the Kingdom I say that according to the law by reason of the contagion of his disease he was rightly removed from the Court and concourse of people and his sonne in the mean time placed in his fathers stead to administer and dispose the Common-wealth but he in all that while like a good sonne did neither affect the name nor assume the title of a King 7. For the deposing of Athalia I see nothing contrary to equity because Example answered 7 she was not the right Prince but an unjust Vsurper of the Crown and therefore Jehoida the chief Priest having gathered together the principal Peers of the Kingdome and the Centurions and the rest of the people shewed them the Kings sonne whom for six yeares space he had preserved alive from the rage and fury of Athalia which had slain all the rest of the Kings seed and when they saw him they did all acknowledge him for the Kings sonne they crowned him King and he being crowned they joyfully cryed God save the King and then by the authority of the new crowned King that was the right heir unto the Kingdom they put to death the cruel Queen that had so tyrannically slain the Kings children and so unjustly usurped the Crown all that while And therefore to alledge this example so justly done to justifie an insurrection contrary to justice doth carry but a little shew of reason And I say the like of the Macchabees and Antiochus that neither he nor any other Macedonian Tyrant had any right over them but they were unjust Vsurpers that held the Jewes under them in ore gladii with the edge of their swords and were not their lawful Kings whom they ought to obey and therefore no reason but that they might justly free themselves with their swords that were kept in bondage by no other right then the strength of the sword Example answered 8 8. For the example of Thrasibulus Juniuâ— Brutus and other Romans or whosoever that for their faults have deposed their Kings I answer with Saint Augustine Examples not to be imitated that Exempla paucorum non sunt trahenda in legem universorum we have no warrant to imitate these examples for though these things were done yet we say they were done by Heathens that knew not God and unjustly done contrary to the law of God and therefore with no blessing from God with no good successe unto themselves and with lesse happinesse unto others but it happened to them as to all others that do the like to expell a mischief and to admit a greater as besides what I have shewed you before this one most memorable example out of our own Histories doth make it plain The ill successâ— of resisting our superiours In the time of Richard the second the Nobility and Gentry murmured much against his government in brief they deposed him and set the Crown upon the head of the Duke of Lancaster whom they created King Henry the fourth The good Bishop of Carlile made a bold and excellent Speech to prove that they could not by any law of God or man depose and dispossesse their lawful King or if they deposed him that they had no right to make the Duke of Lancaster to succeed him but he good man for his pains was served as Saint Paul and others were many times for speaking the truth committed to prison and there was an end of him but not an end of the story for the many battels and blood-shed the miseries and mischiefs that this one unjust and unfaithful act produced had never any period never an end till that well nigh a hundred thousand English men were slain in civil warres whereof two were Kings one Prince ten Dukes two Marquesses 21. Trussel in his supplement to Daniel's History Earles 27. Lords two Viscounts one Lord Prior one Judge 139. Knights 421. Esquires and Gentlemen of great and ancient Families a farre greater number a just revenge for an unjust extrusion of their lawful King whose greatest misery came from his great mildnesse And therefore these things being well weighed in the ballance of the Sanctuary All the pressures that we have suffered since the first year of our king are not comparable to the miseries that one years civil warre hath brought upon us in the scales of true wisdom it had been better for them as it will be for us and all others patiently to suffer the crosse that shall be laid upon us untill that by our prayers we can prevail with God that for our sinnes hath sent it in mercy to remove it then for our selves to pluck our necks out of the coller and in a froward disobedience to pull the house as Sampson did upon our own heads and like impatient fishes to leap out of the Frying-pan into the fire from hard usage that we impatiently conceived to most base cruel bondage that we have deservedly merited or at the best to bring many men to many miseries before we can attain unto any happinesse and so as the Poet saith in this very case among the Romans when for their liberty and priviledges as they termed it in Pompey's time Excessit medicina modum The remedy that they procured hath proved
think every change to be a remedy therefore the people that are soon perswaded to believe the lightest burthen to be too heavie are easily led away by every seducing Absolon who promise them deliverance from all their evils so they may have their assistance to effect their ends and then the people swelled up with hopes cry up those men as the reformers of the State and so the craft and subtilty of the one prevailing over the weaknesse and simplicity of the other every Peer and Officer that they like not must with Teramines be condemned and themselves must have all preferments or the King and Kingdom must be lyable to be ruined Repl. But you will say the whole Parliament cannot be thought to be thus envious against the Officers of State or thus carelesse of the common good as for any sinister end to destroy the happinesse of the whole Sol. I answer that Parliaments are not alwayes guided by an unerring spirit but as Generall Councels so whole Parliaments have been repealed and declared null by succeeding Parliaments How a Faction many times prevaileth to sway whole Councels and Parliaments as 21. Rich. 2. c. 12. all the Statutes made 11 Rich. 2. are disanulled and this in the 21 Rich. 2. is totally repealed in 1 Hen. 4. c. 3. And 39 Hen. 6. we find a total repeal of a Parliament held at Coventry the year before and the like and the reason is because many times by the hypocritical craft of some Faction working upon the weaknesse of some and the discontent of others the worse part procuring most unto their party prevaileth against the better The original of Parliaments why they were at first ordained Besides all this I conceive the Original of Parliaments was as it is expressed in the Kings Writ to consult with the King De quibusdam arduis urgentibus negotiis regni they being collected from all the parts of the Kingdom can best inform His Majesty what grievances are sprung and what reparations may be made and what other things may be concluded for the good of His Subjects in every part and His Majesty to inform them of his occasions and necessities which by their free and voluntary Subsidies they are to supply both for his honour and their own defence In all this they have no power to command their King See Jo. Bodin de repub l. 1. c. 8. pag 95. in English and the place is worth the noting no power to make Lawes without their King no right to meet without his Writ no liberty to stay any longer then he gives leave how then can you meet as you do now in my Episcopal See at Kilkenny and continue your Parliament there to make warre against your lawful King What colour of reason have you to do the same you cannot pretend to be above your King you have with lyes and falshoods most wickedly seduced the whole Kingdom and involved the same in a most unnatural civil warre you are the actives the King is passive you make the offensive He the defensive warre for you began and when He like a Gracious King still cryed for peace you still made ready for battel And I doubt not but your selves know all this to be true for you know that all Parliament men must have their elections warranted by the Kings especial Writ You will say that so you were well The letter sent from a Gentleman to his friend and you were chosen but by subjects and intrusted by them to represent the affections and to act the duties of subjects and subjects cannot impose a rule upon their Soveraign nor make any ordinance against their King and therefore if the representative body of subjects transcend the limits of their trust and do in the name of the subjects that which all subjects cannot do and assume that power which the subjects neither have nor can conferre upon them I see no reason that any subject in the world should any wayes approve of their actions For how can your priviledge of being Parliament men That men intrusted should not go beyond their trust priviledge you from being Murderers Thieves or Traytors if you do those things that the Law adjudgeth to be murders thefts and treasons Your elections cannot quit you and your places cannot excuse you because he that is intrusted cannot do more then all they that do intrust him and therefore all subjects should desert them that exceed the conditions and falsifie the trust which their fellow-subjects have reposed in them Besides The King must needs be a part of every Parliament you know the King must needs be reputed part of every Parliament when as the selected company of Knights and Burgesses together with the Spiritual and Temporal Peers are the representative body and the King is the real head of the whole Kingdom and therefore if the body separates it self from the head it can be but an uselesse trunk that can produce no act which pertaineth to the good of the body because the spirits that gave life and motion to the whole body are all derived from the head as the Philosopher teacheth And further you do all know that as the King hath a power to call The power of dissolving the Parliament greater then the power of denying any thing so he hath a power to dissolve all Parliaments and having a power of dissolving it when he will he must needs have a power of denying what he please because the other is farre greater then this And therefore all these premises well considered it is apparent that your sitting in Kilkenny without your King or his Lievtenant which is to the same purpose and your Votes without his assent are all invalid to exact obedience from any subject and for my part I deem them fooles that will obey them and rebels that will take arms against their King at your commands and if you persist in this your rebellious obstinacy I wish your judgements may light onely upon your own heads and that those which like the followers of Absolon are simply led by you may have the mist taken from their eyes that they may be able to discern the duty they owe unto their King that they be not involved and so perish in your sin For though you be never so many and think that all the Kingdom Towns and Cities be for you Psal 21.11 yet take heed lest you imagine such a mischievous device which you are not able to perform for the involving of well-meaning men into your bad businesses 1 Reg. 22.29 as Jehosaphat was misâ—led to war against Ramoth Gilead doth not only bring a punishment upon them that are seduced but a far greater plague upon you that do seduce them and God who hath at all times so exceeding graciously defended His Majesty and contrary to your hopes and expectation from almost nothing in the beginning of this rebellion hath increased his power to I hope an invincible
would collect the testimonies of our best Writers I will adde but one of a most excellent King our late King James of ever blessed memory for he saith The improbity or fault of the Governour ought not to subject the King to them over whom he is appointed Judge by God for if it be not lawful for a private man to prosecute the injury that is offered unto him against his private adversary when God hath committed the sword of vengeance onely to the Magistrate how much lesse lawful is it think you either for all the people or for some of them to usurp the sword whereof they have no right against the publique Magistrate to whom alone it is committed by God This hath been the Doctrine of all the Learned The obedient example of the Martyrs in the time of Queen Mary of all the Saints of God of all the Martyrs of Jesus Christ and therefore not onely they that suffered in the first Persecutions under Heathen Tyrants but also they that of late lived under Queen Mary and were compelled to undergoe most exquisite torments without number and beyond measure yet none of them either in his former life or when he was brought to his execution did either despise her cruell Majesty or yet curse this Tyrant-Queen that made such havock of the Church of Christ and causelesly spilt so much innocent blood but being true Saints they feared God and honoured her and in all obedience to her authority they yielded their estates and goods to be spoyled their liberties to be infringed and their bodies to be imprisoned abused and burned as oblations unto God rather then contrary to the command of their Master Christ they would give so much allowance unto their consciences as for the preservation of their lives to make any shew of resistance against their most bloody Persecutors whom they knew to have their authority from that bloody yet their lawful Queen And therefore I hope it is apparent unto all men that have their eyes open and will not with Balaam most wilfully deceive themselves Numb 24.15 Gen. 19.11 or with the Sodomites grope for the wall at noon-day that by the Law of God by the example of all Saints by the rule of honesty and by all other equitable considerations it is not lawfull for any man or any degree or sort of men Magistrates Peers Parliaments Popes The conclusion of the whole or whatsoever you please to call them to give so much liberty unto their misguided consciences and so farre to follow the desires of their unruly affections as for any cause or under any pretence to withstand Gods Vice-gerent and with violence to make warre against their lawful King or indeed in the least degree and lowest manner to offer any indignity either in thought word or deed either to Moses our King or to Aaron our High Priest that hath the care and charge of our souls or to any other of those subordinate callings that are lawfully sent by them to discharge those offices wherewith they are intrusted This is the truth of God and so acknowledged by all good men And what Preachers teach the contrary I dare boldly affirm it in the name of God that they are the incendiaries of Hell and deserve rather with Corah to be consumed with fire from Heaven then to be believed by any man on Earth CHAP. X. Sheweth the impudencie of the Anti-Cavalier How the Rebels deny they warre against the King An unanswerable Argument to presse obedience A further discussion whether for our Liberty Religion or Laws we may resist our Kings and a pathetical disswasion from Rebellion I Could insert here abundant more both of the Ancient and Modern Writers that do with invincible Arguments confirm this truth But the Anti Cavalier would perswade the world Anti-Cavalier p. 17 18 c. that all those learned Fathers and those constant Martyrs that spent their purest blood to preserve the purity of religion unto us did either belye their own strength * Yet Tertul. Cypr. whom I quoted before and R ssiâ— hist Eccles l. 2. c. 1. and S. August in Psal 124. and others avouch the Christians were far stronger then their enemies and the greatest part of Julians army were Christians or befool themselves with the undue desire of over-valued Martyrdome but now they are instructed by a better spirit they have clearer illuminations to inform them to resist if they have strength the best and most lawful authority that shall either oppose or not consent unto them thus they throw dirt in the Fathers face and dishonour that glorious company and noble army of Martyrs which our Church confesseth praiseth God and therefore no wonder that they will warre against Gods annointed here on Earth when they dare thus dishonour and abuse his Saints that raign in Heaven but I hope the world will believe that those holy Saints were as honest men and those worthy Martyrs that so willingly sacrificed their lives in defence of truth could as well testifie the truth and be as well informed of the truth as these seditious spirits that spend all their breath to raise arms against their Prince and to spill so much blood of the most faithful subjects But though the authority of the best Authours is of no authority with them that will believe none but themselves yet I would wish all other men to read that Homily of the Church of England where it is said that God did never long prosper rebellious subjects against their Prince were they never so great in authority or so many in number yea were they never so noble so many so stout so witty and politique but alwayes they came by the overthrow and to a shameful end Yea though they pretend the redresse of the Common-wealth which rebellion of all other mischiefs doth most destroy The Homily against rebellion p. 390. 301. or reformation of religion whereas rebellion is most against all true religion yet the speedy overthrow of all Rebels sheweth that God alloweth neither the dignity of any person nor the multitude of any people nor the weight of any cause as sufficient for the which the subjects may move rebellion against their Princes and I would to God that every subject would read over all the six parts of that Homily against wilful rebellion for there are many excellent passages in it which being diligently read and seriously weighed would work upon every honest heart never to rebell against their lawful Prince And therefore the Lawes of all Lands being so plain to pronounce them Traytors that take arms against their Kings as you may see in the Statutes of England 25 Edw. 3. c. 2. And as you know it was one of the greatest Articles for which the Earl of Strafford was beheaded that he had actually leavied warre against the King The Nobles and Gentry Lords and Commons of both Houses of Parliament in all Kingdomes being convicted in their consciences with the
Rites which were such a burthen that neither we nor our fathers could undergo and also from the curse and malediction of the moral law would under this pretence of Christian liberty be freed from the obligation of all lawes and give themselves the freedom to do what they pleased for this would prove to be not the liberty but the bondage and the base slavery of a people that are not governed by lawes but suffered to do what they please because that neither God nor good lawes confine us but for our own good and he that forbids us to obey impious commands bids us to obey all righteous lawes and rather to suffer then to resist the most unrighteous Governours But I fear that under the name of the liberty of the subjects What is often aimed at under the name of theâ— liberty of the â—ubjects the licentiousnesse of the flesh is aymed at because you may see by what is already come to passe our civil dissention hath procured to many men such a liberty that few men are sure either of their life or estate and God blesse me from such a liberty and send me rather to be the slave of Christ then such a libertine of the world Whether for the preservation of our Religion we can be warranted to rebell And if religion be the cause that moveth you here hereunto I confesse this should be dearer to us then our lives but this title is like a velvet mask that is often used to cover a deformed face decipimur specie recti for as that worthy and learned Knight Sir John Cheek that was Tutor to King Edward the sixth saith If you were offered Persecution for Religion you ought to flye and yet you intend to fight if you would stand in the truth ye ought to suffer like Martyrs and you would slay like Tyrants Thus for Religion you keep no Religion and neither will follow the Counsel of Christ nor the constancie of Martyrs And a little after he demands why the people should not like that Religion which Gods Word established the Primitive Church hath authorized the greatest learned men of this Realm and the whole consent of the Parliament have confirmed and the Kings Majesty hath set forth is it not truly set out Sir John Cheek in The true subject to the rebell p. 4 6. Dare you Commons take upon you more learning then the chosen Bishops and Clerks of this Realm have This was the judgement of that judicious man And I must tell you that Religion never taught Rebellion neither was it the will of Christ that Faith should be compelled by fighting but perswaded by preaching for the Lord sharply reproveth them that built up Sion with blood Micah 3.18 and Hierusalem with iniquitie and the practice of Christ and his Apostles was to reform the Church by prayers and preaching and not with fire and sword and they presse obedience unto our Governours yea though they were impious infidels and idolatrous True religion never rebelleth with arguments fetched from Gods ordinance from mans conscience from wrath and vengeance and from the terrible sentence of damnation And this truth is so solid that it hath the clear testimony of holy Writ the perpetual practice of all the Primitive Saints and Martyrs and I dare boldly say it the unanimous consent of all the orthodox Bishops and Catholick Writers both in England and Ireland and in all the world That Christian Religion teacheth us never with any violence to resist or with arms to withstand the authority of our lawful Kings If you say The Laws of our Land Whether the Laws of our Land do warrant us to rebell and the Constitutions of this our Kingdom give us leave to stand upon our libertie and to withstand all tyrannie that shall be offered unto us especially when our estates lives and religion are in danger to be destroyed To this I say with Laelius that Nulla lex valeat contra jus divinum Laelâ—â—s de privileg Eccles 112. Mans lawes can exact no further obedience then may stand with the observance of the divine precepts and therefore we must not so preferre them or relye upon them so much as to prejudice the other and for our fear of the losse of estate life or religion I wish it may not be setled upon groundlesse suspitions for I know and all the world may believe that our King is a most clement and religious Prince that never did give cause unto any of his subjects to foster such feares and jealousies within his breast and you know what the Psalmist saith of many men They were afraid where no fear was And Job tells you whom terrours shall make afraid on every side Job 18.11 12. and shall drive him to his feet that is to runne away as you see the Rebels do from the Kings Army in every place and in whose Tabernacle shall dwell the King of fear for though the ungodly fleeth when no man pursueth him yet they that trust in God are confident as Lyons without fear they know that the heart of the King is not in his own hand but in the hand of the Lord Prov 21.1 Bonav ad secundam dist 35. art 2. qu. 1. as the rivers of waters and he turneth it whithersoever it pleaseth him either to save them or destroy them even as it pleaseth God He ordereth the King how to rule the people And therefore in the name of God and for Christ Jesus sake let me perswade you to put away all causelesse fears and groundlesse jealousies and trust your King if not trust your God and let your will which is so unhappy in it self become right and equall by receiving direction from the will of God and remember what Vlpian the great Civilian saith that Rebellion and disobedience unto your King is proximum sacrilegio crimen and that it is in Samuel's judgement as the sinne of witchcraft whereby men forsake God and cleave unto the Devil and above all The remembrance of his Oath should be a terrour to the conscience of every Rebel remember the oath that many of you have taken to be true and faithful unto your King and to reveal whatsoever evils or plots that you shall know or hear to be contrived against his Person Crown or Dignity and defend him from them Pro posse tuo to the uttermost of your power So help you God Which Oath how they that are any wayes assistant in a warre against their King can dispence with I cannot with all my wit and learning understand and therefore return O Shulamite 〈◊〉 lay down thine arms submit thy self unto thy Soveraign and know that as the Kings of Israel were merciful Kings 1 Kings 20.31 so is the King of England thou shalt find grace in the time of need but delay not this duty â—est as Demades saith the Athenians never sate upon treaties of peace but in mourning weeds when by the losse of
their nearest friends they had paid too dear for their quarrels so thou be driven to do the like for except the sinnes of the people require no lesse satisfaction then the ruine of the Kingdom I am confident The Authours confidence of the kings victory and am ready to hazard life and fortunes in this confidence that the goodnesse of our King the justnesse of his cause and the prayers of all honest and faithful Ministers for him and our Church will in the end give him the victorie over all those his rebellious enemies that with lyes slanders and false imputations have seduced the Kings subjects to strengthen themselves against their Soveraign and all the world shall see that as Christ so in sensu modificato this Vicegerent of Christ shall rule in the midst of these his enemies and shall reign untill he puts them all under his feet A rebellion that the like was never seen And because we never read of any rebellion not this of Corah here which of above six hundred thousand men had not many more then 250. Rebels nor that of Absolon against David who had all the Priests and Levites and the best Counsellors and a mighty Army with him such as was able to overthrow Absolon and twenty thousand men in the plain field nor Israel against Rehoboam because they did but revolt from him and not with any hostile Arms invade him nor the Senate of Rome against Caesar though he was the first that intrenched upon their libertie and intended to exchange their Aristo-democracie into a Monarchie nor any other that I can remember except that Councel which condemned Christ to death that was grown to that height to be so absolute and so perfect a Rebellion in all respects as that a whole Parliament in a manner and the major part of the Plebeians of a whole Kingdom should make a Covenant with Hell it self yea and which is most considerable that as I understand the beginning of this rebellion in this Kingdom of Ireland was the Commonalty therein should so fascinate the Nobility as to allure them so long to confirm their Votes till at last they must be compelled in all things to adhere unto their conclusions that they whose power was formerly most absolute without them must now be subordinate unto them that the strength of the people may defend the weaknesse of the Nobility from that desert which they merited by their simplicity to be seduced to joyn with them to rebell against their King Therefore if any faction in any Parliament should thus combine against the Lord and against his annointed there is no question but their reducement to obedience will make that Majesty which shall effect it more glorious to posterity than were any of all his Predecessors And therefore I say again Return O Shulamite return and remember I pray thee remember lest my words shall accuse thy conscience in the day of judgement that we are often commanded in many places of the Scriptures to obey our Kings but in no place bidden nor permitted to rise up and assist any Parliament against our King If thou sayest Thou dost not do it against thy King but against such and such that do abuse the King I told you before that whosoever resisteth him that hath the Kings authority resisteth the King and therefore the whole world of intelligible men laugheth at this gullery and he that dwelleth in the heavens shall laugh it to scorn when with such equivocation men shall think to justify their rebellion and I hope the people will not still remain so simple as to think that all the Canon and the Musket shot which the enemies of a King should make at him must be understood to be for the safety of his person And as neither private men nor any Senate nor Magistrate nor Peers That the Pope hath no power to licence any man to make war against the King nor Parliament can lawfully resist and take Arms against their King so neither Synod nor Councel nor Pope have any power to depose excommunicate or abdicate or to give immunities to Clergy or absolution to subjects thereby to free them from their duty and due allegiance and to give them any colour of allowance to rebell and make warre against their lawful King And this point I should the more largely prosecute because the natives of this Kingdome are more addicted to the Pope and his Decrees then any others of all the Kings Dominion Pareus in Rom. 13. Johan Bede in the Right and Prerogatives of Kings And the Treatise intituled God and the King But the bulk of this Treatise is already too much swelled and I hope I may have hereafter a fitter opportunity to inlarge this Chapter and therefore till then I will onely referre my Reader unto Pareus John Bede and abundance more that have most plentifully written of this Argument And so much for the persons against whom they rebelled Moses their King and Aaron their High-Priest or chief Bishop both these the prime Governours of Gods people whom they ought by all laws to have obeyed and for no cause to have rebelled against them CHAP. XI Sheweth what these Rebels did How by ten several steps and degrees 1. Pride 2. Discontent 3. Envy 4. Murmuring 5. Hypocrisie 5. Lying 7. Slandering 8. Rayling 9. Disobedience 10. Resistance they ascended to the height of their Rebellion and how these are the steps and the wayes to all Rebellions and the reason which moveth men to rebell 3. WE are to consider Quid fecerunt what these Rebels did 3. Part. What these Rebels did Cajetan saith Zelati sunt Tirinus saith Irritaverunt The vulgar Latin saith Aemulati sunt Our vulgar English saith They angred Moses and our last English saith They envied Moses And indeed the large extent of the original word and the diversity of the Translation of it sheweth the greatnesse of their iniquity and the multiformity or multiplicity of their sin And therefore that you may truly understand it you must look into the History * Numb 16. and there you shall see the whole matter the conception birth strength and progresse of their sin for 1. This sinne was begotten by the seed of Pride they conceived an opinion of their own excellency Excellency that bewitcheth men to rebell thinking that they are inferiour to none equall to the best if not superiour unto all and therefore they disdained to be governed and aspired to the government of Gods people And then Pride as the father Pride the beginning of rebellion begat Discontentment as his eldest sonne they liked not their own station but would fain be promoted to higher dignity and because Moses and Aaron were setled in the government before them and they knew not how either to be adjoyned with them or advanced above them therefore discontent begat Envy and they began to pine away at their felicity and so our last English reads it They envied Moses 2. This
the goods of the Guelphes if he assisted them to get the victory which he did and after he had subdued the Guelphes he seized upon the goods of both and when the Gibilines complained that he brake his Covenant to pillage their goods Caius answered that Themselves were Gibilines but their goods were Guelphs and so belonged unto him So both in England and Ireland I see the Parliament Forces and the Rebels I hope contrary to the will of the Parliament make little difference betwixt Papist and Protestant the well-affected and disaffected for they cannot judge of their affections but they can discern their estates and that is the thing which they thirst after Haud ignota cano But you will say These are miseries unavoidable accidents common to all warre when neither side can excuse all their followers I answer Woe be to them therefore that were the first suggesters and procurers of this warre and cursed be they that are still the incendiaries and blow the coales for the continuance of these miserable distractions I am sure his Majesty was neither the cause nor doth he desire the prolonging thereof for the least moment but as his royal Father was a most peaceable Prince so hath he shewed himself in all his life to follow him passibus aequis and to be a Prince of peace though as the God of peace is likewise a man of warre and the Lord of Hosts so this peaceable Prince when his patience is too much provoked can as you see change his pen for a sword and turn the mildnesse of a Lamb into the stoutnesse of a Lyon and you know what Solomon saith that The wrath of a King is the messenger of death especially when he is so justly moved to wrath And so much for the particulars of this Text. 2. Having fully seen the uglinesse of this sin 2. The punishment of these rebels you may a little view the greatnesse of the punishment for Although I must confesse we should be slow to anger slow to wrath yet when the Magistrate is disobeyed the Minister despised and God himself disclaimed it makes our hearts to bleed and our spirits angry within us yea though the King were as gentle and as meek as Moses the meekest man on earth and the Bishops as holy as Aaron Tirinus in ◠Psal the Saint of the Lord yet such disobedience and rebellion would anger Saints for so Tirinus faith Irritaverunt They angred Moses in their Tents and Aaron the Saint of the Lord Nay more then this they angred God himself so farre that fire was kindled in his wrath and it burned to the bottom of hell And as these rebels were Lords and Levites Clergy and Laity so God did proportion their punishments according to their sinnes for the Levites that were to kindle fire upon Gods Altar and should have been more heavenly and those two hundred and fifty men which usurped the Office of the Priests He sent fire from heaven to devour them and the Nobility that were Lay-Lords the Prophet tells you The earth opened and swallowed up Dathan and covered the Congregation of Abiram A most fearful example of a just judgement for to have seen them dead upon the earth as the Aegyptians upon the shore had been very lamentable but to see the earth opening and the graves devouring them quick was most lamentable and so strange that we never read of such revenge taken of Israel never any better deserved and which is more Saint Basil saith Basilius hom 9. quòd descenderunt in infernum damnatorum they fell into the very pit of the damned which doleful judgement though they well deserved it yet I will leave that undetermined And if these rebels proceeding not so farre whatsoever they intended as to offer violence and to make an open warre against Moses were so heavily plagued for the Embrio of their rebellion what tongue shall be able to expresse the detestation of that sin and the deserts of those Rebels that by their subtilty and cruelty would bring a greater persecution upon the Church then any that we read since the time of Christ and by a desperate disobedience to a most Gracious King would utterly overthrow a most flourishing State A rebellion and persecution the one against the King the other against the Church that in all respects can scarce be parallel'd from the beginning of the world to this very day And therefore except they do speedily repent with that measure of repentance as shall be in some sort proportionable to the measure of their transgression I fear God in justice will deal with them as he did with the Jews deliver them into the hand of their Enemies that will have no compassion upon young man or maiden 2 Chron. 36 17. old man or him that stoopeth for age or rather as he did with Pharaoh King of Aegypt deliver them up to a reprobate sense and harden their hearts that they cannot repent but in their folly and obstinacy still to fight against Heaven untill the God of heaven shall overthrow them with a most fearful destruction the which I pray God they may foresee in time and repent that they may prevent it that God may be still merciful unto us as he useth to be to those that love his Name And so much for the words of this Text. The application of all Now to Apply all in brief if God shall say to any Nation I will send them a King in my wrath and give them Lawes not good let them take heed they say not We will take him away by our strength for we have read that He hath authority to give us a King in his displeasure but you shall never read that we have authority to disobey him at our pleasure and to say Nolumus hunc regnare super nos or if any do let them know that he which set him up and setled him over them is able to protec◠him against them and they that struggle against him do but strive against God and therefore they have no better remedy then to pray to God which hath the hearts of all Kings in his hand that he would as the Psalmist saith Give the King his judgements and his righteousnesse unto the King's Son that he would either guide his heart aright and direct his feet to the way of peace or as he hath sent him in his fury so he would take him away in his mercy But for our selves of these Islands we have a King and I speak it here in the sight of God and as I shall answer for what I say at the dreadful judgement not to flatter him that hears me not but to inform those of you that know him not so well as I that had the happinesse to live with my ever honoured Lord the Noble Earl of Pembroke and Montgomery 16 or 17. years in the Kings house and of them 6 or 7. years in the Kings service He is a most just pious and
Because the malice of men bewitcheth them and hath no end till it makes an end of its hated foe therefore those men that hated and maligned the Earl like the Jews that because their tongues could make no reply to the just defence of the holy Martyr gnashed upon him with their teeth and stopping their ears Acts 7.51 ran upon him with one accord all at once because they had no Law nor learning to make those Articles Treason they say with the Poet Hac non successit aliâ aggrediemur viâ Seeing we failed herein we will attempt another way And to that end they frame a Bill of Attainder against him and this if it passe by the major part of both Houses and have the Royal assent will bring him to his just deserved death And herein I will not say they shewed themselves worse than the Jews because that when their malice was at the highest pitch against Christ they said We have a Law and by our Law he ought to die and these haters of the Earl seeing they had no Law will have a Law to be made that shall bring him unto his death because the House might have reasons which my sense cannot conceive Yet some of his friends have said that after a former prosecution according to Law to make a new Law where there was none before to take away a mans life is almost as bad as the Romancy-Law that I read of The rubs of the Bill how taken away to hang him first and then judge him afterward to which I assent not and not many lesse than 60. worthy Members of the House of Commons would never yield to passe that Bill and it had a greater rub among the Lords where it is thought not upon any slight conjectures it had never passed but that this rub must be taken away by a new device for that the Faction judging some of them might be more timorous than malicious and remembring that primus in orbe deos fecit timor Fear is a powerful passion that produceth many strange effects the Apprentices and Porters Water-men and Car-men and all the rascal rout of the ragged Regiment were gathered together by some Chedorlaomer and came as they did against Christ with swords and staves without order with great impudency to awe them and to cry for Justice against him and this was done and done again and again until the business that they came for was done A course not prevented that may undo all Justice and bring us all to be undone And yet all this will not do this deed until the King passeth His assent for as yet the new Law of Orders and Ordinances without the King The Kings great pains to search out the truth was not hatched And the good King having so graciously so indefatigably taken such care and such pains in his own Person every day to hear and see all that could be laid unto his charge and how he had answered each particular was so just and of such tender and religious conscience that he was not satisfied as men conceived with the weight of those reasons that were produced to passe the same Therefore here I find another Stratagem used such as Hannibal could not invent to effect this hard task What To perswade mildness to become severe or to cause a just and most clement Prince so full of mercy so proue to pardon where there is a fault and so loth to punish but where he must by the Law of Justice the greatest fault to yield to put him to death that was in many things so excellent in his life The task was to procure his assent to passe this Bill and how shall this be done As the Man of God could not be perswaded by any man but by a Man of God a Prophet by a Prophet so now the Bishops that were good men men of conscience and set apart by God to resolve and satisfie weak and tender consciences are thought fit to be sent unto this good King to perswade him as men supposed that to prevent a greater mischief he might justly passe this Bill and either 6. or 4. of the prime Prelates are requested by the Lords to go unto the King to assay how far they can prevail with him herein And so they went and how they dealt with His Majesty I do not fully understand but am informed by some that went that they assured Him he ought to satisfie himself in point of Law by his Judges and of State by his Council And how they did any otherwise in any other thing rectifie his Conscience in point of Divinity which belonged unto themselves I cannot tell But though I think no man can justly lay the least tittle of blame upon the just King no not the Earl himself as himself professed for yielding to such and so earnest perswasions of I know not how many reverend Bishops wise Counsellours grave Judges and the flower of all his people to passe that Bill whatsoever it was The Bishops right to vote in any cause Yet to say what I conceive with their favour of my Brethren the Bishops in the prosecution of this cause I am perswaded that they had no reason to withdraw themselves from the House and to desert their own Right when the Bill or the Judgement was to passe against the Earl upon this slight pretence alledged against them by the haters of the Earl and no lovers of the Bishops That a Clergy-man ought not to have any Vote or to be present at the handling of the cause of blood or death for they might know full well when my Lords grace of York did most cleerly manifest this truth that the first inhibition of the Clergy to be present and assistant in causa sanguinis or judicio mortis in the Canon of Innocent the third as I remember for I am driven to fly without my Books was most unjust only to tie the Bishops to his blind obedience to the apparent prejudice of all Christian Princes by denying this their service unto them and it is no wayes obligatory to bind us that are by the Laws of our Land not only freed but also injoyned to abandon all the unjust Canons that are repugnant to our Laws and derogatory to our Kings and to renounce all the usurped authority of the Pope For I would fain know what Scripture or what reason Pope Innocent can alleadge to exclude them from doing that good service both to God and their King which in all reason they can or should be better able to do than most others And I am sure that neither in the old nor in the new Testament nor yet in the Primitive Church until these subtile Popes began thus to incroach upon the Rights of Princes to take away the Prerogatives of Kings and to domineer over the consciences of men this exclusion of them from the highest act of Justice was never found For The Prophets and Apostles judged in the case of life
any otherwise then they said or looked any further then they shewed Him He never dream'd that they intended to have an everlasting Parliament and so perfidiously to over-reach both the King and the Kingdom But though our gracious King being not so much versed with the dissembling subtilty and serpentine windings of wicked hypocrites that are to be removed from the King and expelled out of his House supposed all them to mean sincerely and to deal fairly as they seemed to do yet I do admire that the wisdom of the Kings Counsel but that they which as the Apostle saith are not ignorant of the devices of Satan are not permitted by these men to be of His Councel could not espy what mischief might lurk under this fair shade or what might be the Consequences of such a Parliament that is inconsistent with a Monarchy and therefore must in a convenient time be ended or else will make an end of all Monarchical Government Why then might not a year or two or three or more so the years were limited suffice to determine all businesses but that the life of this Parliament should be endless and the continuance thereof undetermined This is beyond the age of the Counsel of Trent What the faction could be contented with Complaint p. 19. that they say lasted above forty years for I presume if some of the contrivers of this Design might have their desires the youngest of us should hardly see the Dissolution of this Parliament Til the earthly Houses of our Tabernacles be dissolved for it is likely they could be well contented as one saith to make an Ordinance that both Houses should be a Corporation to take our Lands and Goods to themselves and their successours and when any of that Corporation dieth toties quoties the surviver and none else should choose a successour to perpetuity so they should be Masters of our Estates and disposers of all we have as they are now for ever And therefore this was a Plot beyond the Powder-plot and beyond the device of Semiramis The plot of Semiramis that with a lovely face desired her husband she might rule but three daies to see how well she could mannage the State and obtaining her request in the first thereof she removed all the Kings Officers in the second she placed her own minions in all the places of Power and Authority as now the saction would do such as they confide in in all places of strength and in the third day she cut off the Kings head and assumed the Government of all the Kings Dominions into her own hands for not three daies nor three years will serve their turn for fear they shall not have ability in so short a space to finish all their strange intended projects and therefore that they might not be hindered their request is unlimited that the Parliament should not be dissolved till both Houses gave consent which they were contented should be ad Graecas Calendas Yet God that knew best what punishments were due to be inflicted for their former Actions and for all the subtle Devices of their hard hearts gave way for this also that this third Impediment of their projects might be removed that so at last their sins like the sins of the Amorites by little and little growing unto the full might undergo the fulness of Gods vengeance which as yet I fear was not fully come to pass for till the Parliament was made perpetual the things that they have done since were absolutely unimaginable How the faction hath strengthened it self because that while it was a dissolvable body they durst not so palpably invade the known rights either of King or Subjects whereas now their Body being made indissoluble they need not have the same apprehension of either having strengthened themselves by a Bill against the one and by an Army against the other and therefore all the dissolutions of Parliaments from the beginning of them to this time have not done half that mischief as the continuance of this one hath done hitherto and God only knowes what is to succeed hereafter But seeing themselves have publickly acknowledged in their Declarations that they were too blame if they undertook any thing now which they would not undertake if it were in His Majesties power to dissolve them the next day and they have since used this means which was given them to disburthen the Common-Wealth of that debt which was thought insupportable What many wise men do say to plunge it irrevocably into a far greater debt to the ruine of the whole Kingdom to change the whole frame of our Government and subjecting us to so unlimited an arbitrary power that no man knows at the sitting of the House what he shall be worth at the rising or whether he shall have his liberty the next day or imprisonment Many wise men do say they see no Reason that this trust being forfeited and the faith reposed in them betrayed the King may not immediatly re-assume that power of dissolving them into his own hands again and both our unjustly abused King and our much injured people declare this Act to be voyd when as contrary to their own Faith and the trust of the King they abuse it to overthrow the Fundamental Laws of this Kingdom though I could heartily wish that because it still carrieth the Countenance of a Law the faction would be so Wise to yield it to be presently dissolved by a Law CHAP. IV. Sheweth the abilities of the Bishops the threefold practice of the Faction to exclude them out of the House of Peers and all the Clergy out of all Civil Judicature The fourth impediment of their design 4. THere was one stop more that might hinder or at least hardly suffer their plots to succeed according to their hearts desire and that is the Bishops Votes in the Vpper House nay they cannot endure to call it so but in the House of the Lords for they rightly considered therein these two special things 1. Their Number 2. Their Abilities Which are two main things to stop and hinder many evils For 1. They had Twenty six Voyces which was a very considerable number and might stop a great gap and stay the stream or at least moderate the violence of any unjust prosecution 2. They were men of great Learning men of Profound knowledge both in Divine and Humane Affairs and men well educated à cunabulis that spent all their time in Books and were Conversant with the dead that feared not to speak the truth and have wearied themselves in reading Histories The abilities of the Bishops comparing Laws and considering the Affairs of all Common-wealths and so were able if their modesty did not silence them to discourse de quolibet ente to untie every knot and to explain every riddle and being the immediate servants of the living God set apart as the Apostle speaketh to offer Sacrifice and to administer the Sacraments of God to prepare
our selves and our families we shall be in the power of these men at their pleasure under the pretence of Religion contrary to all justice to be deprived of any part of our freehold when we shall have not one man of our own Calling to speak a word in our behalf on no Seat of Justice throughout the whole Kingdom O terque quaterque beati Queis ante or a patrum contigit oppetere O most miserable and lamentable condition of Gods Ministers I must needs speak it though I should die for it and if some did not speak it I think the stones would cry against it and proclaim it Better for the Clergy were their hope only in this world never to have been born or at least never to have seen a Book then to fall into the hands and to be put under the censure of these men that do thus love Christ by hating his Ministers This Act more prejudiciall to the future times than now who as I said before by this one Act are made liable to undergo all kind of evils which shall not only fall upon the present Clergy for were it so our patience should teach us to be silent but also to the increase of all prejudices to the Gospel more than my fore-sight can expresse in all succeeding Ages And therefore I may well say with Jeremy Jer. 5.9 29. Shall not my soul be avenged on such a nation as this And we need not wonder that such plagues calamities and distresses have so much increased in this Kingdom ever since the passing of this Act and yet the anger of the Lord is not turned away but his hand is stretched out still and I fear his wrath will not be appeased till we have blotted this and wiped away all other our great sins and transgressions with the truest tears of unfained repentance These are like to be the consequences of this Act And yet our good King who we know loved our Nation and built us a Synagogue and was as I assure my self most unwilling to passe it was notwithstanding over-perswaded considering where thirteen of the Bishops were even in prison and in what condition all the rest of them stood in question whether all they should stand or be cut down root and branch to yield His assent unto the Act though if the case in truth were rightly weighed not much lesse prejudicial to his Majesty than injurious to us to be thus deprived of our right and exposed to all miseries by excluding us from all Civil Judicature And I would to God the King and all the Kingdom did continually consider how his Majesty was used ever since the confirmation of this Act How the King hath been used ever since this Act passed for they no sooner had excluded the Bishops and Clergy out of their right but presently they proceeded and prosecuted the Design ever since to thrust out the King from all those just Rights and Prerogatives which God and Nature and the Laws of our Land have put into his hands for the Government of this Kingdom neither was it likely to succeed any otherwise as I have fully shewed and I would all Kings would read it in the Grand Rebellion That the Act should be annulled But I see no reason why it may not and why it should not be retracted and annulled when the Houses shall be purged of that Anabaptistical and Rebellious Faction that contrived and procured the same to Passe for these three special Reasons Reason 1 1. Because that contrary to all former Precedents that Bill for their exclusion was as it is reported at the first refused and after a full hearing among the Lords it was by most Votes by more than a dozen voices rejected And yet to shew unto the World that the Faction's malice against the Bishops had no end and their rage was still implacable at the same Session and which is very considerable immediately assoon as ever they understood it was rejected the House of Commons revived it and so pressed it unto the Lords that if I may have leave to speak the truth contrary to all right * For I conceive this to be an approved Maxim That no Right not proved forfited by some offence can be taken away without wrong it must be again received and while the Bishops were in prison it was with what honour I know not strangely confirmed 2. Because this Bill had the Royall assent after that a most riotous tumult and many thousands of men with all sorts of Warlike weapons both on land and water most disloyally had driven His Majesty to flie from London that most Rebellious City not without fear for his own safety even for the safety of his life as himself professeth And when they had so cunningly Reason 2 contrived their Plot as to get some of the Kings servants and friends that were about him In his Majesties answer to the Petition of the Lords and Commons 16. of July p. 8. and imployed in the Queens affairs to perswade Her Majesty to use all her power with the King for the passing of this Bill or else Her journey should be stayed as formerly they had altered Her resolution for the Spaw and at Rochester she should understand the sense of the House to stop Her passage unto Holland whereas the passing of this Bill might make way for Her passage over And many other such frights and fears they put both upon the King and Queen to inforce Him full sore against his will as we believe to passe this harsh Bill for the exclusion of the spiritual Lords out of the House of Peers and of all the Clergy from all Secular Judicature But Master Pym will tell us as he did that it was the opinion of both Houses There was no occasion given by any tumults that might justly cause His Majesties departure To whom I answer with the words of Alderman Garraway Ald. Gar. speech at Guild-hall If the Houses had declared that it had been lawful to beat the King out of Town I must have sate still with wonder though I should never believe it but when they declare matters of Fact which is equally within our own knowledge and wherein we cannot be deceived as in the things we have seen with our eyes if they dissent from truth they must give me leave to differ from them As if they should declare They have paid all the money that they owe unto the City or that there * For now I understand it is pulled down was no Crosse standing in Cheapside we shall hardly believe them And therefore seeing we all remember when the Alarm was given that there was an attempt from Whitehall upon the City how hardly it was appeased and how no Babies thought the Design of those subtile heads that gave that false Alarm was no lesse than to have caused Whitehall to be pulled down and they that loved the King and saw the Army both by land and
water which accompanied the persons accused to Westminster the next day after His Majesties departure as if they had passed in a Roman Triumph conceived the danger to be so great that I call Heaven to witness they blessed God that so graciously put it in the Kings heart rather to passe away over-night though very late than hazard the danger that might have ensued the day following The meaning therefore of both Houses may be That there was nothing done which they confessed to be a tumult And no marvel Because they received incouragement as we believed from their defence and no reproof that we found was made for this indignity offered unto the King But if I be constrained and in danger it is not enough for me that I am voted free and safe For if that which looks as like a tumult as that did or as the representation of my face in the truest Glasse is like my face doth come against me and incompasse me about though I may be perhaps in more safety yet I shall think my self in great fear and in no more security than His Majesty was at Edge-hill 3. Because as the viewer of the Observat hath very well exprest it Reason 3 p. 7. No Act of Parliament can prevail to deprive the King of His Right and Authority as an Attainder by Parliament could not bar the Title to the Crown from descending on King Hen. 7. Nor was an Act of Parliament disabling King Hen. 6. to re-assume the Government of his people of any force but without any repeal in it self frustrate and void 7. Rep. 14. Calvins case an Act of Parliament cannot take away the protection or the Subjects service which is due by the Law of Nature 11. rep Sur de la Wares case William de la Ware although disabled by Act of Parliament was neverthelesse called by Queen Elizabeth to sit as a Peer in Parliament for that it seems the Queen could not be barred of the service and counsel of any of Her Subjects 2. H. 7. 6. a Statute that the King by no non obstante shall dispence with it is void because it would take a necessary part of Government out of the Kings hand And therefore I see not how this Act can deprive the King of the service and counsel of all his Bishops and Clergy but that it is void of it self and needeth no repeal or if otherwise yet seeing that besides all this 13. of the Bishops were shut in prison when this Act passed and their protestation was made long before this time and it was so unduly framed so illegally prosecuted and with such compulsive threats and terrours procured to be passed I hope the wisdom of the next Parliament together with their love and respect to the Church and Church-men will nullifie the same CHAP. VI. Sheweth the Plots of the Faction to gain unto themselves the friendship and assistance of the Scots And to what end they framed their new Protestation How they provoked the Irish to rebell and what other things they gained thereby ANd thus the Sectaries of this Kingdom and the Faction in this Parliament have by their craft and subtilty prevailed to have all the chiefest impediments of their Design to be removed So now the hedge is broken down and all the Boars of the Forrest may now come into the vineyard to destroy the vine and to undermine the City of God But into their counsels let not my soul come 2. When they had taken away these stops and hinderances of their projects 2. The furtherances of their Design were five they were to recollect and make up the furtherances that might help to advance their Cause for the founding of their new Church and the establishing of their famous Democratical Government and popular Common-wealth And these I find to be principally five 1. The gaining of their Brethren of Scotland to become their fast and faithful friends 2. The framing of a Protestation to frighten the Papists and to insnare the simple to be led as they listed to prosecute their Design 3. The condemning of our late Canons as abominable in their judgement and inconsistent with their Religion 4. The appointing of a new Synod the like whereof was never heard in the Church since Adam to compose such Articles as they liked and to frame such Discipline as should be most agreeable to their own dispositions 5. The setling of a Militia a word that the vulgar knew not what it was for to secure the Kingdom as they pretended from those dangers that they feared that is from those Jacks of Lent and men of Clouts which themselves set up as deadly enemies unto the Church and State but indeed insensibly to get all the strength of the Realm into their own hands and their Confederates that so they might like the Ephori bridle the King and bring him as they pleased to abolish and establish what Laws and Government they should propose whereby perhaps he might continue King in Name but they in Deed. These were the things they aimed at and they effected the first three before they could be discryed and their Plots discovered but in the other two they were prevented when God said unto them as he doth unto the Sea Hitherto shalt thou go and no further here shalt thou stay thy proud waves And therefore I am confident and I wish all good Christians were so that their purposes shall never succeed nor themselves prosper therein while the World lasteth because God hath so mercifully revealed so much so graciously assisted our King and so miraculously not only delivered him from them but also strengthened him against them contrary to all appearing likely-hood to this very day which is a sufficient argument to secure our faith that we shall by the help of our God escape all the rest of their destructive Designs But to display their Banners to discover their Projects and to let the World see what they are and how closely and yet cunningly they went about to effect their work I will in a plain manner set down what I know and what I have collected from other Writings and from men that are fide digâ—i for one mans eyes cannot see all things nor infallibly perceive the Mysteries of all particulars for to confirm the faithful Subjects in their due obedience both to God and their King and to undeceive the poor seduced people that they perish not in the contradiction of Corah 1. It is believed not without cause 1 The indeering of themselves unto the Scots Our Sectaries the inviters of the Scots to England with far greater probabilities than a bare suspicion that our own Anabaptistical Sectaries and this Faction were the first inviters of those angry spirits that conceived some cause to be discontented and were glad of secret entertainers to enter into the bosom of this Kingdom Whatsoever those our Brethren of Scotland did I will bury it according to their Act in oblivion neither approving nor
yet blameing them for any thing But for any Subject of England to enterchange Messages and to keep private intelligence with any that seem to be in Arms against their King and the invaders of his Dominions to animate them to come and advance forward to refuse their Soveraigns Service and the Oath of their fidelity which was tendered unto them and to hinder the Kings Souldiers to do their duties either by denying to go with him or refusing to fight for him when they went which if some men were brought to their Legal tryal I believe would be more than sufficiently proved against them can be no lesse than heynous Crimes perhaps within the compasse of high Treason Or were these things but our jealousies and fears which do wear the garments of Truth yet their proceedings in Parliament do add more fuell unto the fire of our suspicion as for our men whom we have chosen to plead for us and to treat with them to respect them more than us to enrich them by impoverishing us How they behaved themselves towards the Scots giving them no lesse than 300000. l. who had entered into our Land and brought upon us such fears of I know not how many mischiefs that might succeed and not only so but also to shew what love they bare to them and how little regard they had of us their Native Brethren that put such trust and confidence in their fidelity as to commit all our fortunes and liberties into their hands paying weekly such a Pension for their provision besides the maintenance of our own Army which were forced to carry them their monies when themselves were unpaid as in a short time was able to exhaust all the wealth of this Kingdom and yet for all his Majesties continual calling upon them to dispatch their discharge and to finish the Treaty for the good of both Kingdoms keeping them here so exceeding long and making so very much of them which in truth we envyed not but admired what it meant when we saw with what continual feastings they were entertained in London and their lodgings frequented as the Kings Court till all the people began to murmur and to wax weary of so great a charge and such a burden as they knew must at last light upon their shoulders which must needs be matters worthy of our best examinations But as yet the common people that seeth no further than the present tense Why they detained them here so long and the outside of things did little know what many wise men did then foresee that these men aimed further than they seemed to do and delayed the businesse purposely till they had attained many of their desires and had fully endeared themselves into the affections of the Scots that if need required that they could not effect all the residue of their design as they intended which now could not so suddenly be brought unto perfection they might recall them here again to assist them to do that by force which by their craft and subtilty they should fail to do as now by their sending for them going unto them and alleadging the Act of Pacification for their assistance to withstand their King and to overthrow our Church it is apparent to all the World how perfidiously they dealt with God and man and how treacherous their thoughts were from the beginning both to the King and Kingdom Yet As we found our Brethren of Scotland howsoever these men behaved themselves in their secret intentions to have carried themselves none otherwise than as wise rational and religious men in all the Treaty So I assure my self they will hereafter still continue both faithful unto God and loyal unto their King and as they perceived not their intentions at the first so they will not now joyn with them in any Association of Rebellion to withstand their own Liege Lord and to change the established Laws and Religion of our Kingdom but will rather live in peace and happiness in their own Land than by forsaking their enjoyed quietness to involve themselves in the unhappiness of a desperate War in another Country 2. The compelling of all people to take their new framed Protestation 2. After they had thus endeared themselves unto their Brethren of Scotland they framed a Protestation to maintain and defend as far as lawfully they might with their lives powers and estates the True Reformed Protestant Religion his Majesties Royal Person Honour and Estate the power and priviledge of Parliament the lawful Rights and Liberties of the Subjects and every person that should make the Protestation in whatsoever he should do in the lawful pursuance of the same and to their power and as far as lawfully they might to oppose and by all good means endeavour to bring to condign punishment all such as shall either by force practice counsels plots conspiracies or otherwise * Which word is like the c. in the Canonical Oath do any thing to the contrary of any thing in the said Protestation contained and neither for fear hope nor other respect to relinquish this Promise Vow and Protestation In which Protestation though no man can espy the least shadow of ill prima facie at the first reading thereof yet if you look further and search narrowly into the intentions of the composers the frame of the Protestation and the practice of these Protestors ever since the framing of it you shall find that Desinit in piscem mulier formosa supernè these men are no Changelings but as like themselves as ever they were For 1. To terrifie the Papists to raise a Rebellion in Ireland 1. As it was intended so it succeeded it terrified the Papists and made them so desperate as almost to despair of their very Being as concerning the place where or the manner how they should live Which thing together with many other harsh and hard proceedings against many of them and the small countenance which they shewed unto a very moderate Petition that the Papists exhibited unto them hath driven abundance of them into Ireland whom I saw my self and there consulting with the Irish which were then also threatened by the Agents of this Faction there that ere long they should be severely handled and brought to the Church whether they would or no or pay such a Mulct as should make them poor what course they should take in such a desperate condition wherein they were all like to be ruined or to be rooted out of all the Kings Dominions they concluded what they would do To defend themselves by a plain Rebellion So this course against them hath been the leading-card as some of them confessed of that great Rebellion which being kindled as some Sectaries in England expected they thought they would so much the more weaken the King by how much the more combustion should be raised in each one of his Dominions And therefore notwithstanding all the Kings gracious Messages and wishes unto the House of
design How they strengthened themselves to make their orders fi m without the King Whereupon these men put their heads together to consult how they might strengthen themselves and make their ordinances firm and binding without the King and to that purpose having by their former doings gotten too great an interest as well in the faith as in the affections of the people in confidence of their own strength they came roundly to the businesse and what they knew was not their right as their former Petitions can sufficiently witnesse they resolve to effect the same by force but as insensibly as they can devise as 1. To seize upon the Kings Navie to secure the Seas 2. To lay hold upon all the Kings Magazine Forts Towns and Castles 3. To with-hold his moneys and revenues and all other means from the King 4. To withdraw the affections and to poyson the loyalty of all his Majesties Subjects from him And hereby they thought and it must have been so indeed except the Lord had been on his side they had made their hill so strong that it could not be moved and the King so weak and destitute of all means that he could no wayes subsist or relieve himself as a member of their own House did tell me for 1. Earl of Warwick made Vice-Admiral 1. They get the Earl of Warwick to be appointed Vice-Admiral of the Sea and to commit all the Kings Navie into his hand and to take away that charge from Sir John Pennington whom most men believed to be far the better Sea-man but more faithful to his King and the other purer to the Parliament 2. Sir John Hotham put into Hull for the Magazine 2. They send Sir John Hotham a most insolent man that most uncivilly contemned the King to his face to seize upon the Kings Magazine that he bought with his own money when they might as well take away my horse that I paid for and to keep the King out of Hull which was his own proper Town and therefore might as well have kept him out of White-Hall and was an Act so full of injustice as that I scarce know a greater 3. They detained the Kings moneys Esay 1.23 3. Because moneys are great means to effect any worldly affaire and the sinews of every warre when as men and arms and all other necessaries may be had for money some of them and their followers shew themselves to be just as the Peers of Israel companions of thieves meer robbers which forcibly take away a mans mony from him they take all the Kings treasure they intercept detain and convert all the Kings revenues and customes to strengthen themselves against the King 4. They labour to render the King odious by lyes 4. Because their former Remonstrances framed by this faction of the ill government of this kingdom though in some things true which the King ingenuously acknowledgeth and most graciously promiseth to redresse them yet in all things full of gall and bitternesse against the King could not so fully poyson the love and loyalty of the Kings Subjects as they desired especially the love of those that knew his Majesty who the better they knew him did the more affectionately love him and the more faithfully serve him they thought to do it another and a surer way with apparent lyes palpable slanders and abominable accusations invented printed and scattered over all the parts of this kingdom by their Trencher Chaplains and parasitical Preachers and other Pamphleters some busie Lawyers and Pettifoggers to bring the King into an odium disliked and deserted of all his loving Subjects And what created power under heaven was able to dissolve that wickednesse which subtilty and malice had thus treacherously combined to bring to passe Hereupon after many threatning votes 1. Lye that he intended to war against the Parliament and actual hostility exercised against his Royall person the King is forced to raise a guard for the defence of himself and those his good Subjects that attended him then presently that small guard that consisted but of the chief gentry of the Countrey was declared to be an Army raised for the subversion of the Parliament and the destruction of our native liberties an invincible Army is voted to be raised the Earl of Essex is chosen to be their Generall with whom they promise both to live and die the Earl of Bedford General of the Horse moneys are provided and all things are prepared to fetch the King and all delinquents or to be the death of all withstanders and that nothing might hinder this design though the King in many gracious Messages attested by the subscription of many noble Lords that were upon the place assured them he never intended any warre against his Parliament yet they proceed with all eagernesse and declare all those that shall assist the King either with Horse money or men to be malignants and enemies unto the King and Kingdome and such delinquents as shall be sure to receive condigne punishment by the Parliament Hoc mirum est hoc magnum And among the rest of their impudent slanders this was their Master-piece which they ever harped upon that he countenanced Papists and intended to bring Popery into this Kingdgm and to that end had an Army of Papists to assist him But to satisfie any sensible man in this point I would crave the resolution of these two Questions 1. Whether every Papist that is subject to his Majesty Two questions to be resolved is not bound to assist and defend his King in all his dangers 2. Whether the King should not protect his Subjects that are Papists in all their dangers so far as by the Law he ought to do it and accept of their service when he himself is invironed with dangers For first 1. All Papists bound to assist their King I believe there is no Law that inhibiteth a Papist to serve his King against a Rebellion or to ride Post to tell the King of a Design to murder Him or any other intended Treason against Him or being present to take away a weapon from that man that attempted to kill the King because his not coming to Church doth not exempt him from his Allegiance or discharge him of his duty and service unto the King and therefore if a Fleet from France or Spain or any other forreign part should invade us or any Rebellion at home should rise against his Soveraign and seek to destroy those Lawes and Liberties whereof himself and his Posterity hath as good an interest to as any other Subject I say he is bound by all Laws to assist his King and to do his best endeavour both with his purse and in his person not only to oppose that external Invasion but also to subdue as well that home-bred Rebellion as the forreign Invasion 2. If a Papist should be injured his estate seized upon 2. The King bound to protect dutiful Papists his house
the whole Kingdome in an unnatural civill War and to maintain the same against the will and contrary to the desires both of the King and Kingdom and it is almost incredible what wicked courses and how unjust and insufferable Orders and Ordinances you shall find recorded that they have made 1. Against the King 2. Against the Subjects 3. Against the Law Which are all said to be exceedingly abused by them for 1. Against the King it is registred to Posterity that they have proceeded besides many other things in all these particulars 1. They possesse all the Kings Houses Towns and Castles 1. Their proceedings against the King 1. Wrong Matth. 8 20. but what he gets by the strength of his sword and detain them from him so that we may say with our Saviour The Foxes have holes and the fowles of the air have nests but the King of England hath not an house allowed him by the Houses of Parliament wherein to put his head and they take not onely his Houses but also his rents and revenues and as I understood when I was in Oxford his very clothes and provision for his Table that seeing they could not take away his life by the sword they might murder him with cold or famin when he should not have the subsistence if they could hinder him to maintain life and soul together which is the shame of all shame and able to make any other men odious to all the world The complaint to the House of Commons Pag. 19. thus maliciously and barbarously to deal with their own most gracious King neither doth their malice here end but they with-hold the Rents of the Queen and seize upon the Revenues of our Prince which I assure them my Countrey-men takes in great scorn and I believe will right it with their lives or this Parliament-Faction shall redeem their errours with no small repentance when as we find no Prince of Wales was ever suffered by his Subjects to have such indignities offered him by the greatest Peers of England And here I cannot omit what Alderman Garraway saith of the reproach of Master Pym touching the maintaining of the Kings other Children which he professeth made his heart to rise and hoped it did so to many more Alderman Garraway his Speech Is our good King fallen so low that his Children must be kept for him It is worth our inquiry Who brought him to that condition We hear him complain that all his own Revenue is seized and taken from him Is not his Exchequer Court of Wards and Mint here his Customes too are worth somewhat and are his Children kept upon Alms How shall We and our Children prosper if this be not remedied And I pray God these things rise not up in judgement against them and this Nation but hereby they intended to verifie that disloyal Speech which One of them uttered in a Tavern and God will avert it from his Servant Sober Sadnesse pag. 22. 2. Wrong That they would make the King as poor as Job unlesse he did comply with them 2. If any man which they like not attends the Kings Person though he be his sworn servant or assist him in his just defence which he is bound to do by the Law of God and man yet he is presently voted and condemned for a Malignant Popish dis-affected evill Counsellour and an enemy to the State and that is enough if he be catched to have him spoyled and imprisoned at their pleasure nay my self was told by some of that Faction that because I went to see the King I should be plundered and imprisoned if I were taken 3 Wrong 3. Though they do solemnly professe that his Majesties personal safety and his royal honour and greatnesse are much dearer unto them then their own lives and fortunes The Petition to his Majesty the 16. of July 1642. which they do most heartily dedicate and shall most willingly imploy for the support and maintenance thereof yet for all this hearty Protestation they had at that very time as the King most accurately observeth in his Answer directed the Earl of Warwick to assist Sir John Hotham against him Non turpe est ab eo vinci quem vincere est nefas neque ei inhonestè aliquem submitti quem Deus super omnes extulit Dictum Armenii Pompeii appointed their Generals and as Alderman Garraway testifieth raised ten thousand armed men out of London and the Neighbour-Countries before the King had seven hundred and afterwards though the King sent from Nottingham a gracious Message and sollicitation for Peace yet they supposing this proceeded from a diffidence of his own strength or being too confident of their own force sleighted the Kings Grace and most barbarously proceeded in the most hostile manner waged warre and gave battail against the Kings Army where they knew he was in his own Person and as one of their Preachers taught the Sunday before the Battail that they might with a good conscience as well kill the King horresco dicere as any other man so according to Captain Blagues directions as Judas taught the High-Priests servants we know what Troops and Regiments were most aimed at whereas they do most ridiculously say they have for the defence of his person sent many a Cannon-bullet about his eares which he did with that Kingly courage and Heroick magnanimity yea and that Christian resolution and dependance on Gods assistance pass through that it shall be recorded to his everlasting honour and their indelible shame and reproach so long as the world endureth 4. 4 Wrong They have most Disloyally and Traiterously spoken both privately and publickly such things against his Majesty as would make the very Heathens tear them in pieces that should say the like of their Tyrannous Kings and such as I could not believe they proceeded from the mouth of a Christian against so Christian a King but that I find most of them were publickly uttered made known unto his Majesty and related by himself and those that were Ear-witnesses thereof Sober sadness p. 3. The Viewer p. 4. His Majesties Declaration Trussel in the supplement to Daniels History as Horresco referens that he was not worthy to be our King not fit to live that he was The Traitor that the Prince would govern better and that they dealt fairly with him they did not depose him as their fore-fathers had deposed Richard the second whom all the World knoweth to be most Traiterously Murdered and the whole progress of that Act whereby he was deposed is nothing else but the Scandal of that Parliament and an horrid treason upon the fairest relation of any Chronicle and the good Bishop of Carlile was not then affraid in open house to tell the Lords so to their faces and I would our Parliament men would read his Speech 5. They command their own Orders Ordinances 5. Wrong and Declarations to be Printed Cum privilegio and to be published
thousand pound and it is more than probable that this proceeding is but the praeludium of the like exaction to be extended when their need requireth to all the other parts of the Kingdom which is a most miserable course and injustice not to be paralleld to cast themselves into a necessity of getting money to maintain an impious War against their King and then out of that necessity to compel their fellow-Subjects and those peaceable men that do abominate this War to maintain the same yea and to fight in the same to kill men against their consciences in despite of their teeth or if they refuse to do it to send or at least to permit a party of Horse Dragooneers and other strength to go to fetch their Money Plate or other goods as if they were the goods of the deadly enemies of the Common-wealth and this for none other reason but for that the owners thereof are good Subjects to the King and not well-affected to their unjust and ungodly proceedings But let me perswade all men that do fear God still to suffer any thing which they cannot avoid from the violence of these wicked men rather than to contribute any thing unto them to further such abominable courses as they prosecute against the Law of God and man Because the Lord commandeth us to fear none of those things that we shall suffer Rev. 2.10 but to stand in our integrity unto death and we shall be crowned with the crown of life 3. 3. How they discharged the Apprentices compelled them to fight They have discharged the Apprentices and servants from their Masters services and have either compelled or perswaded them to serve in their Army against the King and that without the consent and against the will of their Masters and Dames yea sometimes against the commands of their own Parents which I speak from their own months 4. They have imprisoned very many hundreds of most able 4. How they imprisoned our men without cause and most honest men even so many that the Prisons are not able to contain them but they are fain to consecrate the greatest houses in London to become Prisons as the Bishop of London's house Ely-house Winchester-house Lambeth-house Crosby-house the Savoy and the like And this they do for none other cause but either for performing the duties of their places and discharging their obedience to his Majesty as the last Lord Maior Gurney which deserved rather to be commended than committed if we believe many that were present at his Tryal or petitioning unto them as Sir George Bynion and Captain Richard Lovelace and Sir William Boteler of Kent because they did not therein flatter Complaint p. 8 and approve their present wicked courses or intending to petition unto the King for relief of these lamentable distresses as those Gentlemen of Hertford-shire and Westminsters or for being as they conceived disaffected unto their disloyall Orders A strange thing and injustice beyond president not the like to found among the Pagans That where no Law can condemn a man for his affections when no action is committed against Law men shall be robbed of their estates and adjudged for Malignants which is also a crime most general and without the compasse of any Statute and then for this new-created sin to be condemned and imprisoned and therein to remain without Tryal of his offence perhaps as long as the Archbishop of Canterbury And this wonder is the rather to be wondered at because it is the sense of both Houses M. Pym in his Speech at the Guild hall if we may believe Master Pym That it is against the Rules of Justice that any man should be imprisoned upon a general Charge when no particulars are proved against him For never Charge can be more general than to be ill-affected or a Malignant or a man not to be confided in whereof you find ten thousand in the City of London and many hundred thousands in the Kingdom and therefore when we find so many persons of Honour and Reputation imprisoned only upon this surmise without any other particular Charge so much as once suggested against them as was the Lord of Middlesex the Lord of Portland and abundance more and detained in prison because they were ill-affected in that they have not contributed to the maintenance of this War we see how insensibly they have accused themselves to have laid this insupportable punishment beyond the desert of the transgressors and against the Rules of all Justice and how they have forgotten their Protestation and exceedingly infringed the liberty of the Subjects whereof they promised to be such faithful Procurators CHAP. XIII Sheweth the proceedings of this Faction against the Laws of the Land the Priviledges of Parliament transgressed eleven special wayes 3. Their proceedings against the Laws 3. FOr the Laws of our Land which are either private as those chiefly which belong unto the Parliament and are called the Priviledges of Parliament or Publick which are the Inheritance of every Subject you shall find how they have invaded and violated each one of these For 1. Against the Priviledges of Parliament 1. Touching the Priviledges of Parliament We confess that former Kings have graciously yielded many just Priviledges unto them for the freedom of their persons and the liberty of their speeches so they be free from Blasphemy or Treason or the like unpardonable offence but such a freedom as they challenge though for my self I confess my skill in Law to be unable to distinguish the legitimate from the usurped yet in these subsequent particulars I find wise men utterly denying it them As 1. Denying us to dispute of them L. Elismer in post-nati 1. When they forbid us to dispute of their Priviledges and say That themselves alone are the sole Judges of them when as in former Ages they have been adjudged by the Laws of the Kingdom when Thorpe the Speaker of the House of Commons hath been committed and detained Prisoner upon an Execution and the House confirmed that Act. 2. Committing and putting out their Members 2. When the Members of the House of whose elections and transgressions against the House or any of their fellow-Members or the like the House is the proper Judge which ought to have as free liberty as any of the rest upon any emergent occasion are committed as Master Palmer and others were Complaint p. 11. or put out of the House as Sir Edward Deering the Lord Faulkland Sir John Culpepper Sir John Strangwayes and others have been voted hand over head for speaking more reason than the more violent party could answer or in very deed for speaking their minds freely against the sense of the House or rather against some of the prevalent Faction of the House which we say is no Priviledge but the pravity of the House to deny this just Priviledge unto those Members that were thus committed or expelled For hereby it doth manifestly appear that
devised here and damnation hereafter yet these men contrary to all Laws do injoyn us and compell us as much against our Consciences as if they should compell us with the Pagan Tyrants to offer sacrifice unto Idols to war against our most gracious Soveraign whom we from our hearts do both love and honour and they proscribe us as malignants and as enemies to the Common-Wealth Ps 50.22 Augu. contra Faust l. 22. c. 75. 76. if we contribute not Money Horse and Arms to maintain this ungodly War and so become deadly enemies unto our own souls O consider this yee that forget God lest for tearing us He tear you in pieces while there is none to help you for considering what the Apostle saith Rom. 13.1 2. and what Saint Augustine saith Ordo naturalis mortalium paci accommodatus hoc poscit ut suscipiendi belli Autoritas atque consilium penes principem sit and lest men should think they ought by force of Armes to resist their King for Religion he answereth that objection by the example of the Apostles Isti non resistendo interfecti sunt ut potiorem esse docerent victoriam pro fide veritatis occidi We conceive this to be so execrable an Act and so odious to God and man that we are made thus miserable and abused beyond measure to have our Religion which is most glorious our Laws The miserable consequences of their wicked doings that in their own nature are most excellent and our Liberties that make us as free as any Subjects in the World under false pretences and the shadows of Religion Laws and Liberties to be eradicated and fundamentally destroyed whereby Mischief 1 1. We are made a spectacle of scorn and the object of derision to our neighbour-Nations that formerly have envied at our happiness and we are become the Subject of all pitty and lamentation to all them that love us Mischief 2 2. As in the Roman Civil-Wars in the time of Metellus the Son did kill his own Father so now by the subtilty of this faction we are cast into such a War as is 1. A most unnatural War the Son against the Father and the Father against the Son The Earl of Warwick fighteth for the Parliament and my Lord Rich his Son with the King The Earl of Dover is with the King and my Lord Rochford his Son with the Parliament So one brother against another as the Earl of Northumberland with the Parliament and his brother with the King The Earl of Bedford with the Parliament and his brother with the King Master Perpoint with the Parliament and the Earl of Newark with the King Devoreux Farmer with the Parliament and his bâ—other Richard Farmer together with his brother in law my Lord Cokain with the King and the like and of Cosens without number the one part with the King and the other with the Parliament And if they do this in subtilty to preserve their Estates I say it is a wicked policy to undo the Kingdom which all wise men should consider 2. A most irreligious War when one Christian of the same professed Religion shall bathe his Sword and wash his Hands in the blood of his fellow Christian and his fellow Protestant that shall be coheir with him of the same Kingdom 3. A most unnatural irreligious and barbarous War when the Subject shall take Arms to destroy or unthrone their own Liege a Religious and most gracious King 3. The Service of God in most Churches is neglected when almost all Mischief 3 the ablest gravest and most Orthodox Divines and Preachers are persecuted plundered imprisoned and driven to flie as in the time of the Arian or Donatist which was worse than the Heathen perfection from City to City and to wander in Desarts from place to place to save themselves from the hands of these Rebels against the King and Persecuters of Gods Church which is a most grievous and a most cruel persecution far more general than that of the Anabaptists in Germany or of Queen Mary here in England The Lord of Heaven make us constant and give us patience to indure it 4. The whole Kingdom is and shall be yet more by the continuance Mischief 4 hereof unspeakably impoverished and plunged into all kind of miseries when the travailer cannot pass without fear nec hospes ab hospite tutus the Carrier cannot transport his commodity but it shall be intercepted the Husbandman cannot till his ground but his Horses as my self saw it shall be taken from the Plough and his Corn shall be destroyed when it is ready for the Sickle which must be the fore-runner of a Famine that is ever the Usher to introduce the Plague and Pestilence and all other kind of grievous diseases and these things put together do set wide our Gates and open our Ports to bring forraign foes into our Coasts to possess that good Land whereof we are unworthy because with the Israelites we loathed Manna we were weary of our peace and happiness we would buy Arms and be Voluntiers and every Town being too wanton would needs train and put themselves into a posture of defence as they termed it to be secured from their own shadows and though the King told them often there was no cause of their Jealousies and therefore forbade these disloyalties yet just like the Jews they were willing to be deceived by this miserable faction that contrived that Act whereby they have perfidiously over-reached both our good King and the rest of our wel-meaning brethren either to perfect their Design or else to make themselves perpetual Dictators and to betray the felicity of all our people under the name of Parliament which though as I said before I honour and love as much as any of the truest Patriots of either House both in the institution and the right prosecution thereof that is as it was constituted to be the great Council of the Kingdom graciously called by his Majesties-writ confidently to present the grievances of the people and humbly to offer their advice and counsels for their Reformation yet I do abhor those men that would abuse the word Parliament only as a Stalking-Horse to destroy all Acts of Parliament and I hate to see men calling the Fanatick actions of a few desperate seditious persons the proceedings of Parliament and others making an Idol of it as if their power were omnipotent or unlimitted and more than any Regal Power their judgment infallible their Orders irreprehensible and themselves unaccountable for their proceedings to be so besotted with the name of it that this bare shadow without the substance for it is no Parliament without the King and the Major part of both Houses is either banished or imprisoned or compelled to reside with his Majesty should so bewitch us as Master Smyth blushed not to say Nothing could free us from our dangers but the Divinity of a Parliament out of our own happiness to become more miserable Ingeniosus ad
her everlasting praise to assist her most dear and Royal Husband their own Liege Lord and Soveraign King in his greatest extremities against a virulent mighty Faction of most malicious Traytors The strangest Treason that ever the World heard of 2. They made an Ordinance for the composing and convocating of such a Synod whereof I said somewhat before of Lay-men ignorant men factious men trayterous men and such concretion of heterogeneall parts like Nebuchadnezzars Image Gold Brass and Clay all mixed together and all so ordered limited and bridled as it is expressed in the 5. and 6. page of their Ordinance by the power of both Houses where there are such abundance of Schismaticall and seditious Members that I should scarce put the worst sensitive soul to professe that erratical faith or any brute beast to be guided by that Ecclesiastical Discipline that such factious Traytors as some of them are like to be proved should compose or cause to be composed 3. They composed a form of a sacred Vow or Covenant as they term it or as it is indeed the Covenant of Hell a Covenant against God to overthrow the Gospel of Christ under the name of Christ which Covenant is the oil that swimmeth uppermost upon the waters that is the oil of Scorpions or as Moses saith The poison of Dragons so lately wringed and diffused far and near to defile and destroy millions of souls when forgetting their faith to God and the oathes of their allegeance so often and so solemnly taken by many or most of them to be faithful unto their King they shall be compelled which is one degree worse than the vow of them that bound themselves with a curse neither to eat nor drink till they had killed Paul so hypocritically so perjuredly so rebelliously so horribly and so bloodily to make such a fearful Vow and such an abominable Covenant so wickedly contrived that without great and serious repentance spitteth forth nothing but fire and brimstone and can produce nothing else but Hell and Damnation to all that take it especially to them that will compell men to be thus transcendently wicked as if they would send them with Corah quick to Hell All which triplicity of evil I shall leave to some abler and more eloquent Pen to be set forth more fully in the right colours that being sufficiently displayed they may be throughly detested of all good men Amen O Lord have mercy upon us and incline our hearts to keep thy Laws THE CONTENTS Of the severall Chapters in the Plots of the Parliament Chap. I. SHeweth the Introduction the greatness of this Rebellion the originall thereof the secret plots of the Brownisticall Faction and the two cheifest things they aimed at to effect their plot Page 251. Chap. II. Sheweth the eager prosecution of our Sectaries to take off the Earl of Strafford's head How he answered for himself The Bishops right of voting in his cause His excellent virtues and his death p. 254. Chap. III. Sheweth how they stopped the free judgement of the Judges procured the perpetuity of the Parliament the consequences thereof And the subtile device of Semiramis p. 259. Chap. IV. Sheweth the abilities of the Bishops the threefold practice of the Faction to exclude them out of the House of Peers and all the Clergy out of all Civil Judicature p. 262. Chap. V. Sheweth the evil consequences of this Act How former times respected the Clergy How the King hath been used ever since this Act passed and how for three speciall Reasons it ought to be annulled p. 265. Chap. VI. Sheweth the plots of the Faction to gain unto themselves the friendship and assistance of the Scots To what end they framed their new Protestation How they provoked the Irish to rebell And what other things they gained thereby p. 270. Chap. VII Sheweth how the Faction was inraged against our last Canons What manner of men they chose in their new Synod And of six speciall Acts of great prejudice unto the Church of Christ which under false pretences they have already done p. 274. Chap. VIII Sheweth what Discipline or Church-government our factious Schismaticks like best Twelve Principal points of their Doctrines which they hold as 12. Articles of their faith and we must all believe the same or suffer if this Faction should prevail p. 270. Chap. IX Sheweth three other speciall points of Doctrine which the Brownists and Anabaptists of this Kingdom do teach p. 274 Chap. X. Sheweth the great Bug-bears that affrighted this Faction The four speciall means they used to secure themselves The manifold lyes they raised against the King And the two special Questions that are discussed about Papists p. 278. Chap. XI Sheweth the unjust proceedings of these factious Sectaries against the King Eight special wrongs and injuries that they have offered him Which are the three States And that our Kings are not Kings by Election or Covenants with the people p. 283. Chap. XII Sheweth the unjust proceedings of this Faction against their fellow Subjects set down in four particular things p. 289. Chap. XIII Sheweth the proceedings of this Faction against the Laws of the Land The Priviledges of Parliament transgressed eleven special wayes p. 292. Chap. XIV Sheweth how they have transgressed the publike Laws of the Land three wayes and of four miserable Consequences of their wicked doings p. 295. Chap. XV. Sheweth a particular recapitulation of the Reasons whereby their Design to alter the Government both of Church and State is evinced And a pathetical disswasion from Rebellion p. 301. TO THE KING'S most Excellent MAJESTY Most gracious Soveraign WITH no smal paines and the more for want of my books and of any setled place being multum terris jactatus alto frighted out of mine house and tost betwixt two distracted Kingdoms I have collected out of the sacred Scripture explained by the ancient Fathers and the best Writers of God's Church these few Rights out of many that God and Nature and Nations and the Lawes of this Land have fully and undeniably granted unto our Soveraign Kings My witness 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 dreadful judgement 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 therefore with all fervency I humbly supplicate the divine Majesty still to assist Your Highness that as in Your lowest ebb You have put on Righteousness 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 happiness of this Kingdom not for the greatest storm that can be threatned suffer these Rights to be snatched away nor Your Crown to be thrown to the dust nor the Sword that God hath given
because the Scripture in all morall and perpetual precepts that are not meerly judicialia Judaica or secundae classis which the Royal Government was not because this was ordained from the beginning of the world to be observed among all Nations and to be continued to the end of the world nor the types and shadows that were to vanish when the true substance approached was left as a perfect patern and platforme for all Kings and People Pastours and Flocks Churches and Kingdoms throughout the whole world to be directed how to live to govern and to be governed thereby Such was the love and care of God for the Government of them that love and care as little to be governed by his government And therefore the dim and dusky light of bleare-ey'd Nature Every Government the better by how much nearer it is to the Government of the Scripture kings and the dark distracted inventions of the subtillest politicks must stoop and yield place in all things wherein they swerve from that strict rule of justice and the right order of government which is expressed necessarily to be observed in the holy Scripture either of the Kings part towards his People or of the Peoples duty towards their King And though each one of these faculties or the understanding of each one of these three Laws requireth more than the whole man our life being too short to make us perfect in any one yet seeing that of all three the Law of God is abyssus magna like the bottomless sea and the supreme Lady to whom all other Laws and Sciences are but as Penelopes handmaids to attend her service the Divine may far better and much sooner understand what is naturall right and what ought to be a just nationall Law and thereby what is the Right of Kings The Divine is better able to understand Law then the Lawyer to understand Divinity Psal 1.2 and what the duty of Subjects than any either Philosopher or Lawyer can finde the same by any other art especially to understand the same so fully by the Law of God as the Divine that exerciseth himselfe therein day and night may do it unless you think as our Enthusiasts dream that every illiterate Tradesman or at least a Lawyers Latine I speak of the generality when I know many of them of much worth in all learning may easily wade with the reading of our English Bibles into the depth of all Divinty and that the greatest Doctour that spent all his days in studies can hardly understand the mysteries of these Camelion-like Laws which may change sense as often as the Case shall be changed either by the subtlety of the Pleader or the ignorance or corruption of the Judges But we know their deepest Laws discreetest Statutes and subtillest Cases cannot exceed the reach of sound reason and therefore no Reason can be shewed but that a rational man meanly understanding Languages may sooner understand them and with less danger mistake them than that Law which as the Psalmist saith is exceeding broad and exceedeth all humane sense Psal 119.96 1 Cor. 2.14 and the most exquisite natural understanding when as the Apostle saith The natural man receiveth not the things of the Spirit of God for they are foolishness unto him neither can he know them because they are spiritually discerned and being not discerned or misunderstood they make all such mistakers liable to no small punishment if God should be extreme to marke what is done amiss and this not understanding of God's Law is the errour of other Laws and the cause of much mischief for if men understood not the Law of God What causeth many men to rebell The Scriptures say more for the right of kings then any book in the world Downing in his discourse of the Ecclesiasticall State p. 91. or would beleive us that do understand it I assure my self many of the Rebels such as rebell not out of pride disobedience or discontent are so conscientious that they would not so rebell as they do being seduced through their ignorance by the subtletie of the most crafty children of disobedience And therefore letting the usuall impatience of the furious fire-brands of sedition and the malicious incendiaries of Rebellion together with those treaecherous Judasses that insensibly lurke in the King's Court and are more dangerous both to the Church and State than those open Rebels that are in the Parliament House to lay on me what reproach they please as some of them being galled and now gone have already done Ego in bona conscientia teneo quisquis volens detrahit famae meae nolens addit mercedi meae August I shall beleive it in a good conscience that whosoever shall wittingly detract from my repute and unjustly load me with undue disgrace shall unwillingly add to my reward neither shall I ever think Plus ponderis esse in alieno convicio Ambrose quà m in testimonio meo that there is more account to be had in the foule slander of another mans malice then in the spotless testimony of mine own conscience but considering as Saint Hierome saith that Apud Christianos non qui patitur sed qui facit contumeliam miser est among Christians not he that suffereth but he that offereth injuries and reproaches is wretched Osor in Epist Reginae Eliz. pag. 7. though as Osorius faith Multae insidiae principibus à suis domesticis intenduntur multae fraudes in aula Regia quaestus compendii gratiâ suscipiuntur multa partim adulatione perfidiâ partim offensionis periculosà formidine dissimulantur ità ut rarò inveniantur qui Regibus liberè loqui audeant many snares are laid for Princes by their own domestique servants many deceitfull tricks and cunning plots are undertaken in the King's Court for gain and honours sake and many things partly for fear of offending How kings are deluded by their own Courtiers and the truth concealed from them The Authours Resolution with God's Assistance and partly through a persidious and false flattery are dissembled and the truth of things is imprisoned from the sight of the King so that he that seeth with these Courtiers eyes and heareth with their ears can hardly know the certain state of his own affairs especially when their flattering Parasites shall bear so heavy a hand over the faithfull servants that few of them shall dare freely to declare the Truth yet I am resolved to set down the plain face of Truth without either flattering of my Royal Master or fear either of the Court flatterers hatred or the Parliamentary Factions cruelty And though my eldest Brethren that are abler than my self should reprove me 1 Sam. 17.28 and say unto me as Eliab said unto David yet I will take my staff in my hand mine own integrity to uphold me and my fidelity to my King and to the King of kings to protect me and I will gather a few stones out of the Brook of living
and the first king that I find by that name in the Scripture was Amraephel king of Shinar with whom we find eight other Kings named in the same chapter Gen. 14.1 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 plain 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 flood for Melchizedech which in the judgment of Master Selden Broughton and others was Sem the eldest son of Noah though mine own minde is set down otherwise was King of Salem and Justin tells us that long before Ninus which was the son of Nimrod there were many other Kings as Vexores King of Aegypt and Tanais King of Scythia 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Euripides de Cyclop Gen. 14.14 and the like and as reason sheweth us that eveâ—y one qui regit alios Rex est so every master of a family that ruleth his own houshould is a petty King as we commonly say to this very day every man is a King in his own house and as their families were the greater so were they the greater Kings so Abraham hand three hundred and eighteen servants that were able men for the War in his own 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 as those thirty and one Kings which Joshua vanquished doth make it plain Josh 12.14 Selden in his Titles of honour cap. 1. But Master Selden confesseth that civil societies beginning in particular families the heads thereof ruled as kings and as the World encreased or these kings incroached upon their neighbours so their Kingdoms were enlarged Kings therefore they were and they were kings from the beginning But how they came to be kings or what right they had to regal power from whence their authority is derived 1. Whether God ordained it or 2. Themselves assumed it 3. The people conferred it upon them herein lyeth all the question To which I must briefly answer The chiefest rights to kingdoms either of three ways that the right of all kings which have any right unto their kingdoms 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 and so best of all For 1. The best right whereby the Patriarchs and all the rest of the posterity of Adam injoyed their royalty was that which God hath appointed that is 1. The best right without contradiction is by inheritance Gen. 4.7 Gen. 25.31 the right of primogeniture whereby the elder was by the law of nature to reign and rule over the younger as God saith unto Cain though he was never so wicked an hypocrite 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 which made Jacob so earnestly desirous to purchase the birth-right or the right of primogeniture from his brother And 2. When the rightful kings became with Nimrod to be unjust Tyrants 2. The right by conquest is a just and a good right then God that is not tyed to his Vicegerent any longer then he pleaseth but hath right and power Paramount to translate the rule and transfer 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 thrown down the mighty from their seat and given away their crownes and kingdomes unto others that were more humble and meek or some other way fitter to effect his divine purpose as he did the kingdom 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 Kingdoms of the earth to Cyrus Alexander Augustus and the like Kings and Emperours that had no other right to their Dominions but what they purchased with the edg of their swords which notwithstanding must needs be a very good right as the same cometh from God which is the God of war and giveth the victory unto Kings Psal 144.10 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. The right of elective kings and how they came to be elected 3. When either the Kings neglected their duty and omitted the care of their People so far as that the People knew not that they had any Kings or who had any right to be their Kings or upon the incursion 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-born 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 expel their enemies and to maintain justice among themselves so the Medes being oppressed with the insolencies and rapines of enemies and the greater man said it cannot be that in this corruption and lewdness of manners we shall long enjoy our Countrey and therefore 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Herodot lib. 1. Let us appoint over us a King that our Land may be governed by good Lawes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And we turning our selves to our own affairs need not be oppressed by the rage and violence of the lawless 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 read of and Cicero saith Cicero in Offic. pag. 322. Mihi quidem non apud Medos solùm sed etiam apud majores nostros justitiae fruendae 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 Roffensis de potestate Papae fol. 283. and our most learned Divines do say 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 given from God whose power it is
is the best form of Government 2. As the hereditary Monarch is the first kinde of Government so it is the principal and best government because it is the immediate Ordinance of God that he set down for the Government of his People for this was ordained by God himself and so continued among his people even in an hereditary way unless the same God designed another person by those Prophets that he inspired for that purpose as it was in the case of David Solomon and Jehu and it is certain that the wisests of men cannot devise a better Form of Government then God ordained therefore the choice of one or more made by the People to be their King or Governour cannot be if not without sin yet I am sure without folly but seeing as our Saviour saith a Sparrow cannot light upon the ground without the providence of our heavenly Father so I must confess Matth. 10.29 haec non sine numine divûm Eveniunt This election of Kings and change of the first Ordinance happend not without God's providence either for the Tyranny of the evil Kings or the punishment of the rebellious people and therefore as Moses for the hardness of those mens hearts that hated their Wives to prevent a greater mischief either continual fighting or secret murdering one another suffered them to give their Wives a bill of divorcement Deut. 24.1 Matth. 19.8 but as our Saviour saith Non erat sic ab initio it was not any primary Ordinance of God but a permissive toleration of the lesser evil so when the people out of their froward disposition to God's first Institution of the Regal right How God allowed the Aristocratical and Democratical Government and why and presuming to like better of their own choice do alter this hereditary Right and divine Ordinance into the election of one or more Governours either annual as among the ancient Romans or vital as it is in the present state of the Venetians God out of his infinite lenity to our humane frailty rather then his people should be without Government and so many heynous sins should go unpunished doth permit and it may be allow and approve the same though sometimes not without great anger and indignation for our contempt and distaste of his heavenly institution Deut. 33 5 as when the Israelites weary of the Judges that succeeded Moses who was a king in Jesurun and that God raised still to rule as Kings amongst them to make War against their enemies and to judge them according to the Law in the time of peace which are the two chiefest Offices of all kings 1 Sam. 8 5. desired to have a king to judg them like all the Nations not a king simply for so they had indeed though not in name but a king like all the Nations that is a king of a more absolute power then the Judges had as Samuel sheweth and they seem contented therewith God sent them a King in his wrath because they had rejected him that he should not reign over them that is vers 7. they had refused to submit themselves to his Ordinance and to obey the Kings that he appointed over them but they must needs be their own Carvers and have a King of their own election or such a king invested with a more absolute power as they desired though notwithstanding they did most hypocritically seem to desire none but whom God appointed over them and therefore perceiving their own errour and seeing their own offence by the anger that God shewed they confessed their fault and did always thereafter accept of their kings by succession The lamentable success of the first elective kings but onely when their Prophets by the sacred Ointment had ordained another by God's special designation But I cannot finde it in all the Scripture or in any other Writings authentical where God appointed or commanded any people to be the â—hâ—esers of their kings but rather to accept of him and submit themselves to him whom the Lord had placed over them For I would very fain know as Roffensis speaketh Roffen de potest Papae 282 An potestas Adami in filios ac nepotes adeóque omnes ubique homines ex consensu filior um ac nepotum dependet an à solo Deo ac naturâ— prostuitâ— And if this Authority of the Father be from God without the consent of his Children then certainly the authority of Kings is both natural and divine immediately from God and not from any consent or allowance of men and Pineda saith Pineda de rebus Solo l. 2. c. 2 Nusquam invenio Regem aliquem Judaeorum populi suffragiis creatum quin si primus ille erat qui designaretur à Deo vel à Propheta eâ—t Dei jussus vel sorte vel aliâ ratione quà m Deus indicâsset Neither do I remember any one that was chosen king by the Children of Israel but onely Abimelâ—â—h the bastard son of Gedeon and as some say Jeroboam that made Israel to sin and the Scripture tells you how unjustly they entered how wickedly they reigned Strange that the People should bestow the greatest favour or dignity on earth Esay 42.8 and how lamentably the first that was without question the Creature of the people ended both his life and his reign to teach us how unsuccesful it is to have other makers of kings then he that is the King of kings and saith He will not give his glory unto another nor hold them guiltless that intrude into his Throne to bestow Soveraignty and create kings at their pleasures when as he professeth it belongeth unto him not to the People to say Yee are Gods and to place his own Viceroy to govern his own People And therefore though I do not wonder to finde Aristotel of that opinion Vt reges populi suffragio constarent That Kings should be elected by the People Arâ—st pol l. 3. and that it was the manner of the Barbarians to accept of their kings by succession Quales sors tulerit non virtutis opinione probatos The nature of the people Blaovod p. 61. and as T. Liv. saith Aut servit humiliter aut dominatur superbè such as nature gave them and not those which were approved by the people for their virtues because he was ignorant of the divine Oracles yet me thinkes it is very strange that men continually versed in God's Word and knowing the nature of the people which as one saith Semper ager est semper insanus semper furore intemperiis agitur and specially reading the story of times should be transported with such dreames and fopperies that the people should have any hand in the election of their kings for if you briefly run over most of the kings of this World you shall scare finde one of a thousand to be made by the suffrage of the people Of all the kings of the world very few made by the suffrage of the
tyrannicall King 2. The same Spirit saith Thou shalt not revile the Gods that is 2. To say no ill of the King Exod. 22.28 Act 23.5 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 3. To do no hurt to the King Psal 10â— 15 1 Sam. 24 4 5. the Judges of the Land nor curse that is in Saint Pauls phrase speak 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 faithless as a Cretan which is commonly broached by the Rebels and Preached by their seditious Teachers 3. The great Jehovah gives this peremptory charge to all Subjects saying Touch not mine Anointed which is the least indignity that may be and therefore Davids heart smote him when he did but cut off the lap of Sauls garment What then can be said for them that draw their swords and shoot their Cannons to take away the life of Gods Anointed which is the greatest mischiefe they can do I beleive no distinction can blinde the judgment of Almighty God but his revengefull hand will finde them out 2. What we should do to honour the King Eccles 8.2 1. To observe the kings commands that so maliâ—iously transgress his precepts and think by their subtilty to escape his punishments 2. The Scriptures do positively and plainly command us to shew all honour unto our King For 1. Solomon saith I counsell thee to keep the Kings commandment 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 Et si religio tollitur nulla no bis cum coelo ratio est Lactant Iust l. 3. c. 10. whereof this is one to honour and obey the King or else that oath of allegiance and fidelity which thou hast sworn 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 vain which is the infallible and therefore most miserable condition of all the perjured Rebels of this Kingdom For if moral honesty teacheth us to keep our promises yea though it were to our own hindrance then much more should Christianity teach us to observe our deliberate and solemn oathes whose violation can bear none other fruit then the heavy censure of God's fearful indignation But when the prevalent faction took a solemn Oath and Protestation to defend all the Privileges of Parliament and the Rights of the Subjects and then presently forgetting their oath and forsaking their faith by throwing the Bishops out of the House of Peers which all men knew to be a singular Priviledge How the prevalent Faction of the Parliament forswore themselves 2. To obey the kings commandements Josh 1.18 and the House of Lords acknowledged to be the indubitable right of the Bishops and their doctrine being to dispence with all oaths for the furtherance of the cause it is no wonder they falsifie all oaths that they have made unto the King 2. The people said unto Joshua Whosoever rebelleth against thy commandment 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 martial yet most excellent to keep 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 stir under rigid Tyrants do kick with their heeles against the most pious Princes and therefore my soul wisheth not out of any desire of bloud but from my love to peace that this rule were well observed Whosoever rebelleth against thy commandment he shall be put to death * Quia in talibus non obedientes mortaliter peccant nisi foret illud quod praecipitur contra praeceptum Dei vel in salutis dispendiâ—m Angel summa verb. obedientia 3 To give the king no just cause of anger Prov. 2.2 The Rebels have given him cause enough to be provoked 4. To speak reverently to the king and of the king Eccles 8.4 3. The wisest of all Kings but the King of Kings saith The fear of a King is as the roaring of a Lion who so provoketh him to anger sinneth against his own soul And I believe that the taking up of Armes by the Subjects against their own King that never wronged them and the seeking to take away his life and the life of his most faithful 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. 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 dost thou And Elihu demands Is it fit to say to a King thou art wicked or to Princes you are ungodly Truely if Elihu were now here he might hear 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 reign unfit to live good God! do these men think 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 Jerem. 27.8 and to revenge their perjury by inabling the King to accomplish the same upon all that resist him as he promised to doe in the like case 5. To pray for the king Ezra 6.10 1 Tim. 2.1 2. 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 sons And Saint Paul exhorteth Timothy to make supplications prayers intercessions and giving of thanks for Kings and for all that are in authority and how do 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 thanks indeed not for his good but for their own supposed good success against him thus they praevaricate and pervert the words of the
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 regal 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 wel of other Nations as of Israel do reign and of their full power and inviolable authority over the people which have no more dispensation to resist their Kings then the Jews had to resist theirs And therefore Valentinian though an elected Emperour yet when he was requested by his Electours to admit of an associate Sozom. histor l 6. c. 6. Niceph hist l. 11. c 1. answered 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 Vòbis 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 solemn vow past in the presence of God that he shall love cherish and maintain her The wife may not forsake her husband though he break his vow and neglect his duty yet if he breaks this vow 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 breaks them they have no more power to abdicate their King then the wife hath to renounce her husband nor so much because she may complain and call her husband before a competent Judge and produce witnesses against him whereas there can be no Judge 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 Judges to condemn him or were it so that all other Kings have not the like constitution which the Scripture setteth down for the Kings of Israel yet I say that excepting some circumstantial Ceremonies in all real points the Laws of our Land are so far as men could make them in all things agreeable to the Scriptures in the constituting of our Kings according to the livelyest pattern of the Kings of Israel as it is well observed by the Authour of the Appeal to thy conscience An Appeal to thy conscience pag 30. Our Kings of the like Institution to the kings of Israel in these four special respects 1. In his Right to the Crown 2. In his Power and Authority 3. In his Charge and Duty 4. In the rendring of his Account For 1. As the Kings of Israel were hereditary by succession and not elective Respect 1 unless there were an extraordinary and divine designation as in David Kings of England are kings by birth Proved Salomon Jehu so do the Kings of England obtain their Kingdoms by birth or hereditary succession as it appeareth 1. By the Oath of Allegiance used in every Leete that you shall be true Reason 1 and faithful to our Soveraign Lord King Charles and to his Heires 2. Because we owe our legeance to the King in his natural capacity that is Reason 2 as he is Charles the Son and Heir apparent of King James when as homage cannot be done to any King in his politique capacity Coke l. 7. Calvin's case the body of the King being invisible in that sence 3. Because in that case it is expresly affirmed that the King holds the Kingdom Reason 3 of England by birth-right inherent by descent from the bloud-royal therefore to shew how inseperable this right is from the next in bloud Hen. the 4. though he was of the bloud-royal being first cozen unto the King and had the Crown resigned unto him by Rich. the 2. and confirmed unto him by Act of Parliament yet upon his death-bed confessed he had no right thereunto Speed l. 9. c. 16. as Speed writeth 4. Because it was determined by all the Judges at the Arraignment of Watson Reason 4 and Clerke 1. Jacobi that immediately by descent his Majesty was compleatly and absolutely King without the Ceremony of Coronation which was but a Royal Ornament and outward Solemnization of the descent And it is illustrated by Hen. 6. that was not crowned till the ninth year of his Reign Speed l. 9. c. 16. and yet divers were attainted of High Treason before that time which could not have been done had he not been King And we know that upon the death of any of our Kings The right heir to the Kingdom is King before he is crowned Why the peoples consent is asked his Successor is immediately proclaimed King to shew that he hath his Kingdom by descent and not by the people at his Coronation whose consent is then asked not because they have any power to deny their consent or refuse him for their King but that the King having their assent may with greater security and confidence rely upon their loyalty 2 As the Kings of Israel had full power and authority to make war and Respect 2 conclude peace to call the greatest Assemblies as Moses Joshua David Jehosaphat and the rest of the Kings did to place and displace the greatest Officers of State as Solomon placed Abiathar in Sadoc's room and Jehosaphat appointed Amariah and Zebaediah rulers of the greatest Affaires 2 Chron. 19.11 The absolute authority of the kings of England Coke 7 rep fol. 25. 6. Polyd. Virgil. lib 11. Speed Stow c. and had all the Militia of the Kingdom in their hands so the Kings of England have the like for 1. He onely can lawfully proclaim war as I shewed before and he onely can conclude peace 2. There is no Assembly that can lawfully meet but by his Authority and as the Parliament was first devised and instituted by the king as all our Historians write in the life of Henry the first so they cannot meet but by the king's Writ 3. All Laws Customs and Franchises are granted and confirmed unto the people by the King Rot. Claus 1. R. 2. n. 44. 4. All the Officers of the Realm whether Spiritual or Temporal Smith de repub Angl. l. 2. c. 4. c. 5. are chosen and established by him as the highest immediately by himself and the inferiour by an authority derived from him The absurdiâ—ies of them that deny the Militia to the King 5. He hath the
sole power of ordering and disposing all the Castles Forts and strong Holds and all the Ports Havens and all other parts of the Militia of this kingdom or otherwise it would follow that the king had power to proclaime war but not to be able to maintain it and that he is bound to defend his subjects but is denied the meanes to protect them which is such an absurdity as cannot be answered by all the House of Commons 6. The kings of Israel were unto their people their honour their Soveraigns their life and the very breath of their nostrils as themselves acknowledge and so the kings of England are the life the head and the authority of all things that be done in the Realm of England supremam potestatem merum imperium apud nos habentes Smith de Repub l. 2. Cambden Britan p. 132. nec in Imperii clientela sunt nec investituram ab alio accipientes nec praeter Deum superiorem agnoscentes and their Subjects are bound by Oath to maintain the kings Soveraignty in all causes and over all persons as well Ecclesiastical as Civil and that not onely as they are singularly considered but overall collectively represented in the body politick for by sundry divers old authentick Histories and Chronicles it is manifestly declared and expressed that this Realm of England is an Empire and so hath been accepted in the world In the Preface to a Stat. 24. Hen. 8. cap. 12 governed by one supream head and king having the dignity and royal estate of the Imperial Crown of the same unto whom a body politick compact of all sorts and degrees of people divided in terms and by names of spiritualty and temporalty have been bounden and owen to bear next to God a natural and humble obedience Respect 3 3. As the duty of every one of the kings of Israel was to be custos utriusque tabulae to keep the Law of God and to have a special care of his Religion and then to do justice and judgment according to the Law of nature and to observe all the judicial Laws of that kingdom so are the kings of England obliged to discharge the same duties The duty of the kings of England 1. To have the chiefest care to defend the faith of Christ and to preserve the honour of Gods Church as I shewed before 2. To maintain common right according to the rules and dictates of Nature And. 3. To see the particular Laws and Statutes of his own kingdom well observed amongst his people To all which the king is bound not onely virtute officii in respect of his office but also vinculo juramenti in respect of his Oath which enjoyneth him to guide his actions not according to the desires of an unbridled will but according to the tyes of these estabâ—ished Laws neither do our Divines give any further liberty to any king but if he failes in these he doth offend in his duty Respect 4 4. As the kings of Israel were accountable for their actions unto none but onely unto God Psal 51.4 and therefore king David after he had committed both murder and adultery saith unto God Tibi soli peccavi as if he had said none can call me to any account for what I have done but thou alone and we never read that either the people did call or the Prophets perswaded them to call any of their most idolatrous The kings of England accountable for their actions only to God tyrannical or wicked kings to any account for their idolatry tyranny or wickedness even so the kings of England are accountable to none but to God Reason 1 1. Because they have their Crown immediately from God who first gave it to the Conquerour through his sword and since to the succeeding kings by the ordinary means of hereditary succession Smith de repub l. 1. c. 9. Reason 2 2. Because the Oath which he takes at his Coronation binds him onely before God who alone can both judge him and punish him if he forgets it Reason 3 3. Because there is neither condition promise or limitation either in that Oath or in any other Covenant or compact that the king makes with the people either at his Coronation or at any other time that he should be accomptable or that they should question and censure him for any thing that he should do Reason 4 4. Because the Testimony of many famous Lawyers justify the same truth for Bracton saith if the king refuse to do what is just satis erit ei ad poenam quòd Dominum expectet ultorem The Lord will be his avenger which will be punishment enough for him 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 Bracton fol. 34. 2. b. apud Lincol anno 1301. that certum directum Dominium à prima institutione regni Angliae ad Regem pertinuit the certain and direct Dominion of this Kingdom from the very first institution thereof hath belonged unto the King who by reason of the arbitrary or free preeminence of the royal dignity and custome observed in all ages ought not to answer before any Judge either Ecclesiastical or Secular Ex libera praeeminentia Ergo neither before the Pope nor Parliament nor Presbytery Reason 5 5. Because the constant custome and practice of this kingdom 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 Parliment did ever question the kings of England for their actions and were swayed by those that were the heads of the most powerful Faction to conclude most horrid and unjustifiable Acts to the very shame of their Judicial authorities as those factious Parliaments in the times of Hen. 3. king John Rich. 2. and Hen. 4. and others whose acts in the judgment of all good authors are not to be drawn into examples when as they deposed their king for those pretended faults whereof not the worst of them but is fairly answered and all thirty three of them proved to be no way sufficient to depose him Heningus c. 4. p. 93. by that excellent Civilian Heningus Arnisaeus And therefore seeing the Institution of our kings is not onely by Gods Law but also by our own Laws Customs 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 Jews 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
asked if they should not command fire to consume them as Elias did that is if they should not use their best endeavours and be confident of Gods assistance to destroy those prophane rejecters of Christ and refusers of his religion Our Saviour though ever meeke yet now moved at this their unchristian thought rebuked them with that sharpness as he did Saint Peter when he committed the like â—â—rour and said You know not what manner of spirit you are of as if he had said Matth. 16.23 you understand not the difference betwixt the profession of Elias and my religion for he was such a Zelot that jure zelotarum and the extraordinary instinct of Gods spirit that was in him might at that time when the Jews were governed by a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Josephus saith and God presiding as it were their King amongst them and interposing rules by his Oracles and other particular directions that should oblige and warrant them as well as their standing Law do this or the like act though not authorized by any ordinary Law and those actions thus performed are as just and as legal as any other that proceed from the authority of the supreame Magistrate but that dispensation of the Prophets is now ended and the profession of my Disciples must be far otherwise for I do not authorize my servants to pretend to the spirit of Elias or to do as Phineas and others extraordinary men among the Jews have done but they must learn of me to be meeke and lowly in heart and rather to suffer wrong of others then to offer the least injury unto their meanest neighbour Matth. 11.29 much less to resist their supreame Magistrate And when Christ was apprehended not by any legal power of the supreme Magistrate but by the rude servants of the High Priests and Saint Peter How Christ carried himself before Pilate and the High-Priests as zealous for his Master as our Zealots are for their Religion drew his sword and smote off Malchus ear a most justifiable and commendable act a man would think to defend Christ and in him all Christianity our Saviour bids him put up his sword and he adds a reason most considerable to all Christians for all they that take the sword shall perish by the sword that is all they that without lawful authority take the sword to defend me and my religion with the sword they deserve to suffer by the sword and it is very well observed by the Author of resisting the lawful Magistrate upon colour of religion that the two parallel places quoted in the margent of our Bibles are very pertinent to this purpose Pag. 6. for that Law concerning the effusion of bloud Gen. 9.6 being not any prohibition to the legal cutting off of Malefactors is notwithstanding urged against S. Peter to shew that his shedding of bloud in defence of religion was altogether illegal and prohibited by that Law and the other place where immediately after these words He that killeth with the sword must be killed with the sword Revel 13.10 the Holy Ghost adjoyneth here is the patience and the faith of the Saints doth most clearly shew that all forcible resistance is inconsistent with the religion of the Saints because their faith must be ever accompanied with their patience and it is contrary to their profession to save themselves by any violent opposition of them that have the lawful authority But that example which is unparallel'd is the suffering of Christ under Pontius Pilate for the whole course of their proceeding gainst Christ was illegal when as no Law can be found to justifie the delivering up of an innocent person to the will of his accusers as Pilate did our Saviour Christ and our Saviour had ability and strength enough to have defended himself John 19.16 for he might have commanded more then twelve Legions of Angels to assist him yet our Saviour acknowledging the legal power of Pilate to proceed against him John 19.12 that it was given him from above makes no resistance either to maintain his doctrine or to preserve his life but in all things submits himself to their illegal proceedings and gives unto the Magistrates all the honour that was due unto their places and you know the rule Omnis Christi actio debet esse nostra instrictio we ought to follow his example And therefore not onely Christ but also all good Christians have imitated him in this point for the Apostles prayed for their persecuting Tyrants exhorted all their followers to honour even the Pagan Kings and most shâ—rply reproved all that spake evill of Authority much more would they say against them that commit evill and proceed in all wickedness against Authority And Tertullian speaking of the behaviour of the Primitive Christians towards the Heathen Emperours How the Primitive Christians hehaved themselves towards their Heathen persecutors and their cruell persecutors saith that because they knew them to be appointed by God they did love and reverence them and wish them safe with all the Romane Empire yea they honoured the Emperour and worshipped him as a man second from God solo Deo minorem and inferiour onely unto God and in his Apologetico he saith Deus est soâ—us in cuâ—us solius potestate sunt reges à quo sunt secundi post quem primi super omnes homines ante omnes Deos God alone is he by whose power Kings are preserved which are second from him first after him above all men and before all gods that is all other Magistrates that the Scripture calleth Gods So Justin Martyr Minut us Felix Nazianzen which also wrote against the vices of Julian S. Augustine and others of the prime Fathers of the Church have set down how the Primitive Christians and godly Martyrs that suffered all k nde of most barbarous cruelty at the hands of their Heathen Magistrates did notwithstanding pray for them and honour them and neither derogated from their authority Beda p. 15. nor any wayes resisted their insolencie And Johannes Beda Advocate in the Court of Parliament of Paris saith that the Protestants of France in the midst of torments have blessed their King by whom they were so severely intreated and in the midst of fires and massacres have published their confession in these words Artic. 39 40 confess eccles Gal. refor For thâ— cause he that is God put the sword into the Magistrates hand that he may repress the sins committed not onely against the second Table of Gods Commandments but also against the first We must therefore for his sake not onely endure that Superiours rule over us but also honour and esteem of them with all reverence holding them for his Lieutenants and Officers to whom he hath given in commission to execute a lawfull and a holy function We therefore hold that we must obey their Lawes and Statutes pay Tributes Imposts and other duties and bear the yoke of
subjection with a good and free will although they were Infidels Ob. Ob. But against this patience of the Saints and the wisdome of these good Christians it is objected by Goodwin and oters of his Sect that ei her they wanted strength to resist or wanted knowledge of their strength or of their priviledge and power which God granted them to defend themselves and their religion or were over-much transported with an ambitious desire of Martyrdome or by some other misguiding spirit were utterly mis-led to an unnecessary patience and therefore we having strength enough as we conceive to subdue the King and all his strength and being wiser in our generation then all the generation of those fathers as being guided by a more unerring spirit we have no reason to pray for patience but rather to render vengeance both to the King and to all his adherents Sol. Sol. This unchristian censure and this false imputation laid upon these holy Fathers by these stubborn Rebels and proud Enthusiasts are so mildly and so learnedly answered by the Author of resisting the lawfull Magistrate upon colour of Religion Where they are fully answered that more need not be said to stop the mouthes of all ignorant gain-sayers Therefore seeing that by the institution of Kings by the precept of God and by the practice of all wise men and good Christians Heathen Kings and wicked Tyrants are to be loved honoured and obeyed it is a most hatefull thing to God and man to see men professing themselves Christians but are indeed like those in the Revel which say they are Jewes Revel 2 9. and are not in stead of honouring transcendently to hate and most violently to persecute their own most Christian and most gracious King a sin so infinitely sinfull that I do not wonder to see the greatness of Gods anger to powre all the plagues that we suffer upon this Nation but I do rather admire and adore his wonted clemency and patience that he hath not all this while either sent forth his fire and lightning from heaven as he did upon Sodome and Gomorrah to consume them Gen. 19.24 Num 16.31 or cause the earth to swallow them as it did Corah Dathan and Abiram for this their rebellion against their King or that he hath not showred down far greater plagues and more miserable calamities then hitherto we have suffered because we have suffered these Antichristian Rebels to proceed so far and have with the Merozites neglected all this while to add our strength to assist the Lords Anointed to reduce his seduced Subjects to their obedience Judges 5.23 and to impose condigne punishments upon the seducers and the ringleaders of this unnaturall and most horrible Rebellion 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 2. AS all Kings are to be honoured in the fore-said respects 2. Christian Kings are to have double honour in reshect of their double duty 1. Duty 2. Duty so all Christian Kings are to have a double honour in respect of the double charge and duty that is laid upon them As 1. To preserve true religion and to defend the faith of Christ against all Atheists Hereticks Schismaticks and all other adversaries of the Gospel within their Territories and Dominions 2. To preserve their Subjects from all forraigne adversaries and to prevent civill dissentions to govern them according to the rules of justice and equity which all other Kings are bound to do but neither did nor can do it so fully and so faithfully as the Christian Kings because no Law either Solons Lycurgus Pompilius or any other Greek or Latine nor any Politique Plato Aristotle Machievle or whom you will old or new can so perfectly set down and so fairly declare quid justum quid honestum as the Law of Christ hath done and theâ—efore seeing omnis honos praesupponit onus the honour is but the reward of labour and that this labour or duty of Kings to maintain true Religion well performed and faithfully discharged brings most glory unto God and the greatest honour to all Kings when it is more to be with Constantine a nursing father to Gods Church then it is to be with Alexander the sole Monarch of the known world I will first treat of their charge and care and the power that God hath given them to defend the faith and to preserve true Religion And 1. Religion saith a learned Divine without authority is no Religion for 1. Care of Kings to preserve true Religion Aug. de utilitate credendi cap. 9. as Saint Augustine saith no true Religion can can be received by any means without some weighty force of authority therefore if that Religion whereby thou hopest to be saved hath no authority to ground it self upon or if that authority whereby thy Religion is settled be mis-placed in him that hath no authority at all what hope of salvation remaining in that Religion canst thou conceive but it is concluded on all sides that the right authority of preserving true religion must reside in him and proceed from him by whose supreme power and government it is to be enacted and forced upon us and therefore now the question is To whom the charge of preserving religion is committed 3 Opinions and it is very much questioned to whom the supreme government of our Religion ought rightly to be attributed whereof I finde three several resolutions 1. Papistical which leaneth too much on the right hand 2. Anabaptistical which bendeth twice as much on the left hand 3. Orthodoxal of the Protestants that ascribe the same to him on whom God himself hath conferred it Opinion 1 1. That the Church of Rome maketh the Pope solely to have the supreme government of our Christian Religion Vnde saepe objiciunt dictum Hosii ad Constantium Tibi Deus imperium commisit nobis quae sunt ecclesiastica concredidit Sed hic intelligitur de executione officii non de gubernatione ecclesiae Sicut ibi manifestum est cùm dicitur neque fas est nobis in terris imperium tenere neque tibi thymiamatum sacrorum potestatem hâ—bere i. e. in praedicatione Evangelii administratione Sacramentorum similibus is most apparent out of all their writeings and you may see what a large book our Country-man Stapleton wâ—ote against Master Horn Bishop of Winchester to justifie the same And Sanders to disprove the right of Kings saith Fatemur personas Episcoporum qui in toto orbe fuerunt Romano Imperatori subjectas fuisse quoniam Rex praeest hominibus Christianis verùm non quia sunt Christiani sed quia sunt homines episcopis etiam ex ea
parte rex praeesset So Master Harding saith that the office of a King in it self is all one every where not onley among the Christian Princes but also among the Heathen so that a Christian King hath no more to do in deciding Church matters or medling with any point of Religion then a Heathen And so Fekenham and all the brood of Jesuites do with all violence and virulency labour to disprove the Prince's authority and supremacy in Ecclesiastical causes and the points of our Religion and to transfer the same wholly unto the Pope and his Cardinals Neither do I wonder so much that the Pope having so universally gained and so long continued this power and retained this government from the right owners should imploy all his Hierarchy to maintain that usurped authority which he held with so much advantage to his Episcopal See though with no small prejudice to the Church of Christ when the Emperours being busied with other affairs and leaving this care of religion and government of the Church to the Pope the Pope to the Bishops the Bishops to their Suffragans and the Suffragans to the Monkes whose authority being little their knowledg less and their honesty least of all all things were ruled with greater corruption and less truth then they ought to be so long as possibly he should be able to possesse it But at last when the light of the Gospel shined and Christian Princes had the leisure to look and the heart to take hold upon their right the learned men opposing themselves against the Pope's usurped jurisdiction have soundly proved the Soveraign authority of Christian Kings in the government of the Church that not onely in other Kingdoms but also here in England this power was annexed by divers Laws unto the interest of the Crown and the lawful right of the King and I am perswaded saith that Reverend ArchBishop Bancroft had it not been that new adversaries did arise Survey of Discip c. 22. p. 251. and opposed themselves in this matter the Papists before this time had been utterly subdued for the Devil seeing himself so like to lose the field stirred up in the bosom of Reformation a flock of violent and seditious men How the Devil raised instruments to hinder the reformation that pretending a great deal of hate to Popery have notwithstanding joined themselves like Sampson's Foxes with the worst of Papists in the worst and most pernicious Doctrines that ever Papist taught to rob Kings of their sacred and divine right and to deprive the Church of Christ of the truth of all those points that do most specially concern her government and governours and though in the fury of their wilde zeal they do no less maliciously then falsly cast upon the soundest Protestants the aspersion of Popery and Malignancy yet I hope to make it plain unto my reader that themselves are the Papists indeed or worse then Papists both to the Church and State For Opinion 2 2. As the whole Colledge of Cardinals and all the Scholes of the Jesuites do most stâ—fly defend this usurped authority of the Pope which as I said Of the Anabaptists and Puritans may be with the less admiration because of the Princes concession and their own long possesion of it so on the other side there are sprung up of late a certain generation of Vipers the brood of Anabaptists and Brownists that do most violently strive not to detain what they have unjustly obtained but a degree far worse to pull the sword out of their Prince his hand and to place authority on them which have neither right to own it nor discretion to use it and that is Where the Puritans place the authority to maintain religion 1 In the Presbytery either 1. A Consistory of Presbyters 2. A Parliament of Lay men For 1. These new Adversaries of this Truth that would most impudently take away from Christian Princes the supreame and immediate authority under Christ in all Ecclesiastical Callings and Causes will needs place the same in themselves and a Consistorian company of their own Faction a whole Volume would not contain their absurdities falsities and blasphemies that they have uttered about this point I will onely give you a taste of what some of the chief of them have belched forth against the Divine Truth of God's Word and the sacred Majesty of Kings Master Calvin a man otherwise of much worth Calvin in Amos cap. 7. and worthy to be honoured yet in this point transported with his own passion calleth those Blasphemers that did call King Henry the eight the supreme Head of this Church of England and Stapleton saith that he handled the King himself with such villany and with so spiteful words Stapl. cont Horn. l. 1. p. 22. as he never handled the Pope more spitefully and all for this Title of Supremacy in Church causes and in his fifty fourth Epistle to Myconius he termed them prophane spirits and mad men that perswaded the Magistrates of Geneva not to deprive themselves of that authority which God hath given them Viretus is more virulent How Viretus would prove the temporal Pope as he calleth the King worse then the spiritual Pope for he resembleth them not to mad men as Calvin did but to white Devils because they stand in defence of the Kings authority and he saith they are false Christians though they cover themselves with the cloke of the Gospel affirming that the putting of all authority and power into the Civil Magistrates hands and making them masters of the Church is nothing else but the changing of the Popedome from the Spiritual Pope into a Temporal Pope who as it is to be feared will prove worss and more tyrannous then the Spirituall Pope which he laboureth to confirme by these three reasons Reason 1 1. Because the Spiritual Pope had not the Sword in his own hand to punish men with death but was fain to crave the aid of the Secular power which the Temporal Pope needs not do Reason 2 2. Because the old spiritual Popes had some regard in their dealings of Councils Synods and ancient Canons but the new Secular Popes will do what they list without respect of any Ecclesiastical Order be it right or wrong Reason 3 3. Because the Romish Popes were most commonly very learned but it happeneth oftentimes that the Regal Popes have neither learning nor knowledg in divine matters and yet these shall be they that shall command Ministers and and Preachers what they list and to make this assertion good he affirmeth that he saw in some places some Christian Princes under the title of Reformation to have in ten or twenty years usurped more tyranny over the Churches in their Dominions then ever the Pope and his adherents did in six hundred years All which reasons are but meere fopperies blown up by the black Devil to blast the beauty of this truth for we speak not of the abuse of any Prince
Viretus his scandalous reasons answered to justifie the same against any one but of his right that cannot be the cause of any wrong and it cannot be denyed but an illiterate Prince may prove a singular advancer of all learning as Bishop Wickham was no great Scholler yet was he a most excellent instrument to produce abundance of famous Clerks in this Church and the King ruleth his Church by those Laws which through his royal authority are made with the advice of his greatest Divines as hereafter I shall shew unto you yet these spurious and specious pretexts may serve like clouds to hide the light from the eyes of the simple T. C. l. 2. p. 411. So Cartwright also that was our English firebrand and his Disciples teach as Harding had done before that Kings and Princes do hold their Kingdoms and Dominions under Christ as he is the Son of God onely before all Worlds coequal with the Father and not as he is Mediator and Governour of the Church and therefore the Christian Kings have no more to do with the Church government then the Heathen Princes so Travers saith that the Heathen Princes being converted to the faith receive no more nor any further encrease of their power whereby they may deale in Church causes then they had before so the whole pack of the Disciplinarians are all of the same minde and do hold that all Kings as well Heathen as Christian receiving but one Commission and equal Authority immediately from God have no more to do with Church causes the one sort then the other And I am ashamed to set down the railing and the scurrilous speeches of Anthony Gilby against Hen. 8. and of Knox Gilby in his admonition p. 69 Knox in his exhortation to the Nobility of Scotland fol. 77. Whittingham and others against the truth of the King 's lawful right and authority in all Ecclesiastical causes For were it so as Cartwright Travers and the rest of that crew do avouch that Kings by being Christians receive no more authority over Christ his Church then they had before * Which is most false yet this will appear most evident to all understanding men that all Kings as well the Heathens as the Christians are in the first place to see that their people do religiously observe the worship of that God which they adore and therefore much more should Christian Princes have a care to preserve the religion of Jesus Christ The Gentilee Kings preservers of religion For it cannot be denyed but that all Kings ought to preserve their Kingdoms and all Kingdoms are preserved by the same means by which they were first established and they are established by obedience and good manners neither shall you finde any thing that can beget obedience and good manners but Lawes and Religion and Religion doth naturally beget obedience unto the Lawes therefore most of those Kings that gave Lawes were originally Priests and as Synesius saith Synes ep 126. Vide Arnis part 2. pag. 14. Ad magnas reipubl utilitates retinetur religio in civitatibus Cicero de divin l. 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Priest and a Prince was all one with them when the Kings to preserve their Laws inviolable and to keep their people in obedience that they might be happy became Priests and exercised the duties of Religion offering sacrifices unto their Gods and discha ging the other offices of the Priestly Function as our factious Priests could willingly take upon them the offices of the King or if some of them were not Priests as all were not Law-makers yet all of them preserved Religion as the onely preservation of their Lawes and the happinesse of their Kingdomes which thye saw could not continue without Religion But 2. The wisedom of our grave Prelates and the learning of our religious Clergie having stopped the course of this violent stream 2. In the Parliament and hindred the translation of this right of Kings unto their new-born Presbytery and late erected Synods There sprang up another generation out of the dregs of the former that because they would be sure to be bad enough out of their envy unto Kings and malice unto the Church that the one doth not advance their unworthyness and the other doth not bear with undutifullness will needs transfer this right of ruling God's Church unto a Parliament of Lay-men the King shall be denuded of what God hath given him and the people shall be endued 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 as much as their modesty can desire or their merit deserve neither do I gain-say but as they are pious men and the greatest Council 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 think befitting for Gods Church but for Aaron's feed and the Tribe of Levi Hugo de Sancto Vict. l b 2. de sacr fid par 2. cap 3. Laicis Christianis fidelibus terrena possidere conceditur clericis verò tantum spiritualia committuntur quae aâ—tem illa spiritualia sunt subjicit c. 5. dicens omnis ecclesiastica administratio in tribus consistit in sacramentis in ordinibus in praeceptis Ergo Laici nihil juris habent in legibus praeceptis condendis ecclesiastâ—cis to be directed and commanded out of the Parliament chair how to perform the service of the Tabernacle and for Lay men to determine the Articles of faith to make Canons for Church-men to condemn heresies and define verities and to have the chief 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 prejudicial 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 practant fabrilia fabri what Papist or Atheist will be ever converted to profess that religion which shall be truly what now they alleadge falsly 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 profess what I have often bewayled to see Nadab and Abihu offering strange fires upon God's 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 fear 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 Doctours of the Church should never sit thereon therefore I wish that the Ark may be brought back from the Philistines and restored to the Priests to be placed in Shilo where it should be and that the care of the Ark which king David undertook 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 Opinion 3 3. As nothing is dearer to understanding righteous and religious Kings then the encrease and maintenance of true religion Of the Orthodox Quia religio est ex potioribus reipublicae partibus ut ait Aristot Polit. l. 7. c. 8. ipsa sola custodit hominum inter se societates ut ait Lactant. de ira Dei cap. 12. Peritura Troja perdidit primùm Deos. Therefore the Tyrians chayned their gods lest if they fled they should be destroyed 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 soon lost when they lost their Palladium so it is the truest sign 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 publick injoying of the word of God the form of Service the manner of Government and the honour and maintenance of the Clergy are all the duties of a most Christian King which the King of Heaven hath imposed upon him for the happiness and prosperity of his Kingdom and whosoever derive the authority of this charge either in a blinde obedience to the See of Rome as the Jesuites do or out of their too much zeal and affection to a new Consistory as the late Presbyterians did or to a Lay Parliament as our upstart Anabaptists aad Brownists do 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 several Acts of Parliament to have the supremacy in all causes and over all persons as well in the Ecclesiastical as in the Civil government which being so they are exempted thereby from all inforcement of any domestical or forraign power and freed from the penalties of all those Laws both Ecclesiastical and civil 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 Laws 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 penal Laws for so they may be soon dethroned by the unstable affection and weak judgment of discontented people or subject to the jurisdiction of Lay Elders and the excommunication of a tyrannous Consistory who denouncing him Matth. 18.17 tanquam Ethnicum may soon add Deut. 17.15 a stranger shall not raign over thee and so depose him from all government For seeing all attempts are most violent that have their beginning and strength from zeal 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 War under Spartacus was most pernicious unto the Romans there can be nothing of greater use How necessary it is for Kings to retain their just rights in their hands or more profitable either for the safety of the King the peace of the Church and the quiet state of the Kingdome then for the Prince the King to retain the Militia and to keep that power and authority which the Laws of God and of our Land have granted to and intailed 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 taste and I fear in too great a measure as experience now sheweth of those miserable evils which uncontrouled ignorance furious zeal false hypocricy and the merciless 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 finde them the worst men at all times and in all places that mislike their Government and reject their authority and we see those Churches most happy The Kings that maintain true religion make their Kingdoms happy and those Kingdoms most flourishing which God hath blessed with religious Kings as the State of the Church of Judaea makes it plain 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 Num. 12.7 8 Deut. 34.5 Josh 1.1 2. so kings are called the servants of God in a more special 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 Son Christ here on earth or to distribute their duties more particularly we know the Lord exspecteth 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 The double service of all Christian kings and therefore to serve him as all other Christians are bound to do 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 Laws and are obliged to performe as many virtuous actions and to abstain from all vices as well as any other of their Subjects and if they fail 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 be learned ye that are Judges of the earth Psal 2.10 Serve the Lord in fear and rejoyce unto him with reverence for with God there is no respect of persons but
if they do offend he will binde Kings in fetters Rom. 2.11 Psal 149.8 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 2. As they are Christian king and that is twofold In the second respect 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 govern the Church of Christ 2. To preserve peace and to govern the Common-wealth For 1. To protect the Church Aug. cont lit petil l. 2. Optat. Milivit lib. 3. 1. It is true indeed that the Donatists of old the grand fathers of our new Sectaries were wont to say Quid Imperatori cum Ecclesia What have we to do with the Emperour or what hath the Emperour to do with the Church but to this Optatus answereth that Ille solito furore acceusus in haec verba prorupit Donatus out of his accustomed madness burst forth into these mad termes Prima omnium in republ functionum est 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arist l. 7. c. 8. Arist Polit. l. 3. c. 10. 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 means to make all their Subjects so far 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 plain for Aristotle saith that Quâ—â— ad Deorum cultum pertinent commissa sunt regibus magistratibus those things that pertain unto the worship of the Gods are committed to the care of Kings and civil Magistrates and whatsoever their religion was as indeed it was but meere superstition yet because Superstition and Religion hoc habent commune do this in common Vt faciant animos humiles formidine divûm Therefore to make men better the more humble and more dutiful the transgression thereof was deemed worthy to receive punishment among the Pagans and that punishment was appointed by them that had the principal authority to govern the Common-wealth 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 The chief Magistrates of the Heathens had the charge of Religion And Tiberius would set up Christ among the Romane 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 chief Magistrate and therefore as the Lord commanded the kings of Israel to write a copy of his Law in a booke and to take heed to all the words of that Law for to do them that is not onely as a private person for so every man was not to write it Deut. 17.18 19. 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 do make this plain unto us for Joshua caused all Israel to put away the strange gods that were among them Josh 24.23 The care of the good kings of the Jews to preserve the true religion and to incline their hearts unto the Lord God of Israel Manasses after his return from Babylon tooke away the strange Gods and the Idols out of the house of the Lord and cast them all out of the City and repaired the Altar of the Lord and commanded Juda to serve the Lord God of Israel And what shall I say of David whose whole study was to further the service of God and of Jehosaphat Asa Josias Ezechias and others that were rare patternes for other kings for the well government of Gods Church and in the time of the Gospel 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 and perfecteth the other because Christ came into the world non ut tolleret jura saeculi sed ut deâ—eret peccata mundi not to take away the rights of the Nations but to satisfie for the sins of the World the best Christian Emperours discharged the same duty reformed the Church abolished Idolatry punished Heresy and maintained Piety The care of the good Emperours to preserve the true religion Esay 49.23 especially Constantine and Theodosius that were most pious Princes and of much virtues and became as the Prophet foretold us 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 fear from the hand of the Magistrate that is able to restrain those men from many outward evils whom neither conscience nor religion could make honest therefore God committed the principal care of his Church to the Prince and principal Magistrate And this is confirmed and throughly maintained by sundry notable men who defended this truth The Papists unawares confess this truth Osorius de relig p. 21. as Brentius against Asoto Bishop Horne against Fekenham Jewel against Harding and many other learned men that have written against such other Papists and Puritans Anabaptists and Brownists that have taken upon them to impugne it yea many of the Papists themselves at unawares do confess as much for Osorius saith Omne regis officium in religionis sanctissimae rationem conferendum munus ejus est beare rempubl religione pietate all the office of a King is to be conferred or imployed for the regard of the most holy Religion and his whole duty is to bless or make happy the Common-wealth with Religion and piety Quod enim est aliud reipublicae principi munus assignatum quà m ut rempubl florentem atque beatam faciat quod quidem nullo modo sine egregia pietatis religionis sanctitate perficitur For though we confess 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 Whit. resp Camp p. 302. as Whitaker saith 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 Kingdom of Heaven and the like The Kings authority over Bishops 1 Chron. 28.13 2 Chron. 29. 1 Reg. 2.26 matters of great weight and exceeding the Kings authority yet Kings are above Bishops in wealth honour power government and majesty and though they may not do any of the Episcopall duties yet they may and ought lawfully to admonish them of their duties and restrain them from evill and command them diligently to execute their office and if they neglect the same they
true religion and to suppress all Heresies and Schismes And so accordingly we finde the good Emperours and Kings have ever done The good Emperours have made Laws for the government of the Church Euseb in vita Constant l. 2. 3. for Constantine caused the idolatrous religions to be suppressed and the true knowledge of Christ to be preached and planted amongst his people and made many wholsome Lawes and godly Constitutions to restrain the sacrificing unto Idols and all other devillish and superstitious south-sayings and to cause the true service of God to be rightly administred in every place saith Eusebius And in another place he saith that the same Constantine gave injunctions to the chiefe Ministers of the Churches that they should make speciall supplication to God for him and he enjoyned all his Subjects that they should keep holy certain dayes dedicated to Christ and the Sabboth or Saturday which was then wont to be kept holy and as yet not abrogated by any Law among the Christians he gave a Law to the Ruler of every Nation that they should celebrate the Sunday or the Lords day in like sort Idem de vita Constant l. 1. 3. 4. c. 18. and so for the dayes that were dedicated to the memory of the Martyrs and other festival times and all such things were done according to the ordinance of the Emperour Nicephorus writing of the excellent virtues of Andronicus son to Immanuel Palaeologus and comparing him to Constantine the Great saith Niceph. in prafation Eccles hist thou hast restored the Catholique Church being troubled with new opinions to the old State thou hast banished all unlawfull and impure doctrine thou hast established the truth and hast made Lawes and Constitutions for the same Sozomen speaking of Constantines sons saith Sozomenus l 3. c. 17. the Princes also concurred to the increase of these things 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 shewing their good affections to the Churches no less then their father did and honouring the Clergy their servants with singular promotions and immunities both confirming their fathers Lawes and making also new Lawes of their own against such as went about to sacrifice and to worship Idols or by any other means fell to the Greekish or Heathenish superstitions Theodoret tells us that Valentinian at the Synod in Illirico did not onely confirme the true faith by his Royall assent but made also many godly and sharpe Lawes as well for the maintenance of the truth of Christ his doctrine as also touching many other causes Ecclesiastical and as ratifying those things that were done by the Bishops 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Theodor. l. c. 5 6 7. he sent abroad to them that doubted thereof Honorius at the request of Boniface the first made a Law whereby it might appear what was to be done Distinct 79. siduo when two Popes were chosen at once by the indiscretion of the Electors Martianus also made a Statute to cut off and put away all manner of contention about the true faith and Religion in the Councell of Calcedon The Emperour Justinus made a Law that the Churches of Heretiques should be consecrated to the Catholique Religion saith Martinus Poenitentiarius And who knowes not of the many Laws and Decrees that Justinian made in Ecclesiasticall causes for the furtherance of the true Religion for in the beginning of the Constitutions collected in the Code of Iustinian the first 13 titles are all filled with Laws for to rule the Church where it forbiddeth the Bishops to reiterate baptisme to paint L. 1. tit 5. L. 1. tit 7. Novel 123. c. 10. Novel 58. Novel 137. c. 6. or grave on earth the Image of our Saviour And in the Novels the Emperour ordaineth Lawes of the creation and consecration of Bishops that Synods should be annually held that the holy mysteries should not be celebrated in private houses that the Bishops should speak alond when they celebrate the Sacraments of Baptisme and the Eucharist and that the holy Bible should be translated into the vulgar tongue and the like And not onely these and the rest of the godly Emperours that succeeded them but also Ariamirus Wambanus Richaredus and divers other Kings of Spaine did in like manner And Charlemaigne who approved not the decisions of the Greekish Synod wrote a book against the same * Intituled A Treatise of Charlemaigne against the Greekish Synod touching Images whereby the King maintained himself in possession to make Lawes for the Church saith Johannes Beda of which Lawes there are many in a book called The capitulary Decrees of Charles the Great who as Popin his predecessour had done in the City of Bourges so did he also assemble many Councils in divers places of his Kingdoms as at Mayns at Tours at Reines at Chaalons at Arles and the sixt most famous of all at Francfort where himself was present in person and condemned the errour of Felician and so other Kings of France and the Kings of our own Kingdom of England both before and after the Conquest as Master Fox plentifully recordeth did make many Lawes and Constitutions for the government of God's Church The saying of Dioclesian But as Dioclesian that was neither the best nor the happiest governour said most truly of the civil government that there was nothing haraer th n to rule well * That is to rule the Common-wealth so it is much harder to govern the Church of Christ therefore as there cannot be an argument of greater wisdome in a Prince nor any thing of greater safety and felicity to the Common-wealth then for him to make choice of a wise Council to assist him in his most weighty affaires Tacitus Annal. lib. 12. saith Cornelius Tacitus So all religious Kings must do the like in the government of the Church and the making of their Lawes for that government for God out of his great mercy to them and no less desire to have his people religiously governed left such men to be their supporters their helpers and advisers in the performance of these duties and I pray you whom did Kings chuse for this business but whom God had ordained for that purpose for you may observe that although those Christian Kings and Emperours made their Lawes as having the supremacy and the chieâ—est câ—re of God's religion committed by God into their hands yet they did never make them that ever I could read with the advice counsel or direction of any of their Peers or Lay Subjects but as David had Nathan and God The good Kings Emperours made their Lawes for the government of the Church onely by the adv ce of their Clergy A good Law of Instinian Constit 123. Nâ—buâ—hadnezzar had Daniel and the rest of the Jewish Kings and Heathens had their Prophets onely and Priests to direct them in all matters of religion so those Chr stian Kings and Princes took their Bishops and their Clergie onely to be their counsellors and
then any one man can rule and would quickly despise Heaven and destroy the earth if their consciences were not awed with Religion or would you damme up the channels of those benefits that should flow from them to the Common-wealth for it is not the addition of any honour to the calling of a Bishop but the King's interest and the peoples good that is aimed at when we assert the capacity of the Clergy to discharge the offices of the most publique affaires Petrus Blesensis ep 84. because as Petrus Blesensis saith it is the office of the Bishops to instruct the King to righteousness to be a rule of Sanctity and sobriety unto the Court to mix the influencies of Religion with the designes of State and to restrain the malignity of the ill-disposed people and all histories do relate unto us that when pious Bishops were imployed in the King's Counsels the rigour of the Lawes was abated equity introduced the cry of the poor respected their necessities relieved the liberties of the Church preserved pride depressed religion increased the devotion of the Laity multiplied the peace of the Kingdom flourished and the tribunals were made more just and merciful then now they be And therefore the sacred histories do record of purpose how the people of God never adventured upon any action of weight and moment before they had well consulted with the Priests and Prophets as you see in the example of Ahab No Nation attempted any great matter without the advice of their Priests that was none of the best Kings yet would not omit this good duty and such was the custom of all other Countries wheresoever there was any religion or reverence of God Quae enim est respub ubi ecclesiastici primum non habeant locum in comitiis publicis de salute reipub deliberationibus for which is that Common-wealth where the Ecclesiastical persons had not the first place in all meetings and publique consultations about the welfare of the Common-wealth as in Germany the three spiritual Electours are the first in France the three Ecclesiastical persons were the first of all the Peers in England till this unhappy time the two Archbishops and in Poland as many were wont to have the chiefest place and not unworthily quia aequum est Apud Euseb Pamphilam l. 11. Strabo l. 4. Caesar de bello Gallico lib. 6. antestent in concilio qui antestant prudentiâ nec videtur novisse res humanas nisi qui divinas cognitas habet as the Indian said unto Socrates and therefore the Chaldaans the Aegyptians the Graecians the Romanes the French and the Britons thought it alwayes ominous to attempt any notable thing in the Common-wealth without the sad and sage advice of their Priests and Prophets for they knew the neglect of God was never left without due revenge and though their false gods were no gods yet the true God was found to have been a sharp revenger of the contempt of the false gods because that to them they were proposed for the true gods and they believed them so to be as Lactantius sheweth and therefore all antiquity that bare any reverence to any Deity shewed all reverence and respect unto the teachers of his religion but now men desire to throw learning over the Bar because it should not discover the ignorance of the Bench or rather piety is excluded because it should not reprove their iniquity And the Clergy must not sit on the seat of judgement that the Laity may do injustice without controul or perhaps revenge themselves upon their Ministers on the Bench for reproving their vices in the Church so the Devil gaineth whatsoever piety loseth by their depression 2. As the Clergy-men are as able 2. The desire of the Clergy to do good to the State so they are as willing and as careful to provide for the good of the State as any other for themselves are members of the Common-wealth and they are appointed by God to be watchmen and overseers to foretel what mischiefes or felicities are like to ensue and to admonish as well the Prince as the people of such things as are to be avoided and to be performed which they cannot do if they be strangers from the conscience and excluded from the conference of such things that are to be done in the Common wealth Therefore seeing the good of the Common-wealth is their own good The Church of Christ and a Christian common-wealth sail together and the good of the Church is the good of the Common-wealth when a Christian Common-wealth and the Church of Christ are imbarked in the same Vessel and do sayle together with the same successe aiming both at the same Port and God hath commanded his Ministers to be no lesse solicitous for the one then the other it is incredible to think that a godly Minister should have lesse care of the Common-wealth then the best of our common Burgo-Masters and it is impossible to conceive any true reason why the Bishops and Pastours above all others should be excommunicated out of their assemblies and excluded from their Parliaments and other civil Courts when it doth most chiefly concern them to see unto the wellfare of their flock not onely in such things as concern the safety of their souls A miserable thing that the Ministers of the Gospel should be made more slaves then the basest calling in the World but also in all other things that may pertain either to the security of their bodies or the quietness of their estates because this is a thing utterly against the equal right of all Subjects that the Ministers of the Gospel being Subjects unto the king and Citizens of the Commonwealth should have nothing to do in the Government thereof but must be governed not as strangers that may have admission but as slaves with an impossibility to be received into the civil administration af any matter and their exclusion is as prejudicial to the king and kingdome as it is injurious unto the Clergy when they must be deprived of the grave advice and faithful service of so learned and religious assistants for the government of the people as the reverend Bishops and devout Doctors have ever been Ob. 3. Act. 15. S. Cyprian punished Geminius Faustinus for undertaking the Executor ship of Geminius Victor ep 66. Sol. 3. If you say the sixth Canon of the Apostles the seventh Canon of the Council of Calcedon and Saint Cyprian in his Epistle to the Priests of Furnam do forbid these things in Ecclesiastical persons and so many Fathers have accordingly refused these civil imployments and jurisdictions I answer briefly that while the Emperours were Heathens and neither the Kings nor their Kingdoms Christian but their counsels were often held for wicked ends private gain or privy deceit for bloudy murthers or horrid treason◠the Clergy were inhibited and the godly Bishops were ashamed to sit in such ungodly assemblies that would neither be converted to
therefore their Kings do raign and domineer over their Subjects as Masters do over their servants and the Fathers of Families have the same authority over their Wives and Children Saravia c. 28. p. 194. as ouer the slaves and vassals and the Muscovites at the day do rule after this manner neither is the great Empire of the Turke much unlike this Government and generally all the Eastern Kingdomes were ever of this kinde and kept this rule over all the Nations whom they Conquered and many of them do still retain it to these very times Yet our Westerne Kings whom charity hath taught better and made them milder and especially the Kings of this Island which in the sweetness of Government exceeded all other Kings The milde government of our Kings as holding it their chiefest glory to have a free people subject unto them and thinking it more Honourable to command over a free then a servile nation have conferred upon their subject many titles of great honour which the Learned Gentleman M. Selden hath most Learnedly treated of and therefore I might well be silent in this point and not to write Iliads after Homer if this title of Lord given by His Majesty unto our Bishops Of the Title of Lord. for none but he hath any right to give it did not require that I should say something thereof touching which you must observe that this name dominus is of divers significations and is derived à domo as Zanchius observeth where every man is a Lord of that house and possession which he holdeth and it hath relation also to a servant so that this name is ordinarily given among the Latinists to any man that is able to keep servants and so it must needs appear how great is the malice I cannot say the ignorance when every school-boy knowes it of those Sectaries that deny this title to be consistent with the calling of a Bishop which indeed cannot be denyed to any man of any ordinary esteeme But they will say that it signifieth also rule and authority and so as it is a title of rule and Dominion it is the invention of Antichrist the donation of the Devill Luke 22.25 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Matth. 16.30 and forbidden by our Saviour where he saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is in effect be not you called gracious Lords or benefactors which is the proper signification of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 therefore these titles of honour are not fit for the Preachers of the Gospell to puffe them up with pride and to make them swell above their brethren That there is a double rule or dominion It is answered that if our Saviours words be rightly understood and his meaning not maliciously perverted neither the authority of the Bishops nor the title of their honour is forbidden for as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is a title of dominion so it is fit to be ascribed to them unto whom the Lord and author of all rule and dominion hath committed any rule or Government over his People and our Saviour forbiddeth not the same because you may finde that there is a double rule and dominion the one just and approved the other tyrannicall and disallowed 1 Pet. 5.3 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the tyrannicall rule or as S. Peter saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the domineering authority over Gods inheritance both Christ and his Apostles do forbid but the just rule and dominion they deny not because they must do it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the son of man doth it so the manner of their rule 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the Kings of the Nations rule with tyranny he prohibiteth but as the servants of Christ ought to rule with charity not with austerity with humility and not with insolencie he denieth not and so he denieth not the name of Lord as it is a title of honour and reverence given unto them by the King and ascribed by their people but he forbiddeth an ambitious aspiring to it and a proud carriage and deportment in it yet it may be so with you 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as it is with the son 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 John 13.13 And therefore he forbad not this title no otherwise then he forbad them to be Fathers Doctors and Masters and I hope you will confess 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 Ephes 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 coming not to diminish the power of Princes nor to make it unlawful for Christian Kings to honour his servants which the heathen Princes did to the servants of God as Nebuchadnezzar preferred Daniel among the Babylonians and Darius advanced Mordecai among the Persians nor to deny that honour unto his servants which their own honest demerits and the bounty of their gracious Princes do confer upon them it is apparent What Christ forbiddeth to his Ministers that it is not the condition of these names but the ambition of these titles and the abuse of their authority is forbidden by our Saviour Christ For as Elias and Elizaeus in the old Testament suffered themselves with no breach of humility to be called Lords as where Abdias 3 Reg. 18.1 a great officer of King Ahab saith art not thou my Lord Elias and the Shunamite called Elizaus Lord 4 Reg. 4.16 So in the new Testament Paul and Barnabas that rent their cloaths 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 endured if this honour might not be yielded and this title received by the Ministers of the Gospel and Saint Peter tells us that Christian women if they imitate Sarah that obeyed Abraham * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whom he propounded to them as a pattern may and should call their husbands though mean Mechanicks Lords or else he proposeth this example to no purpose and therefore me thinks they should be ashamed to think this honour may be afforded to poor Trades-men and to deny it to those eminent pillars and chief governours of God's Church And as the Scripture 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 〈◊〉 〈◊〉 〈◊〉
is immediately from God yet if he would believe learned Authours he might find enough of this judgment for the sublime power and authority that resideth in earthly Potentates is not a derivation or collection of humane power scattered among many and gathered into one head but a power immediately granted by God to his Vicegerents * So acknowledged by Act of Parliament 25 H. 8. c. 12.28 c. 10. Dr Sarav sol 175. Bellar. de Laicis cap. 6. 8. quam nunquam fuisse populo demandatam legimus which God never communicated to any multitudes of men saith Saravia And Bellarmine himself against the Anabaptists confuteth their error that denyed the power and authority of kings to be immediately from God I. From Script Sap. 6. Esay 45. Hierem. 27. Dan. 2. Rom. 13.1 Pet. 2. II. From the Councill of Constans Sess 8. 15. III. From S. Aug. de civit Dei l. 5. c. 21. where he saith non tribuamus dandi regni potestatem nisi Deo vero which giveth felicity in the kingdome of Heaven onely to the godly but the earthly kingdomes he giveth both to the godly and to the wicked nam qui dedit Mario ipse Caesari qui Augusto ipse Neroni qui Vespasianis vel patri vel filio Idem de Rom. Pont. l. 5. c. 3. Irvinus de jure regni c. 2. p. 40. suavissimis imperatoribus ipse Domitiano crudelissimo qui Constantino Christiano ipse Apostatae Juliano And IV. it is proved from the confession of the Popes of Rome as Leo. ep 38. 43. Gelasius epist ad Anastasium Greg. l. 2. epist 61. Nicholaus epist ad Michaelem out of all which saith Irvinus it is apparent all and every king non multitudini aut hominibus sed Deo soli regum regi quicquid juris habent acceptum ferre And he might consider that a thing may be said to be immediately from God divers wayes as specially 1 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 absque ullo signo creato 2 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cum aliquo actu conjuncto that is 1. Solely from God and no other presupposing nothing praevious to the obtaining of it So Moses and Joshua had their authority from God Heningus fusè c. 1. p. 4 5. de distinct duplici jurisdict Sive electione sive postulatione vel successione vel belli jure Principi tamen facto divinitùs potestas data est Cunerus c. 5. de offic Princip 2. Joyntly with an interposed act of some other instrument as the Apostolicall power of Matthias was immediately from God though his constitution was from the Apostles so Kings though some of them be after a sort elected by men yet as our Saviour saith to Pilate that his power was from above though he was deputed by Caesar So may they be said to have their authority immediately from God though they should be some wayes deputed by men for we must distinguish betwixt the soveraignty the Subject and the collation of the Soveraignty to the Subject the Soveraignty is immediately from God the Subject is from it's naturall cause and the unition of the Soveraignty to the Subject is likewise immediately from God not onely approving but appointing the same in all the Kings of his ordination or to speak with the Schooles we must distinguish betwixt deputationem personae and collationem potestatis the designation of the person which is sometimes done by men and that is where the King is elective and the donation of the power which is proper onely unto God for so the Psalmist saith Psal 62.11 God hath spoken once and twice I have also heard the same that power belongeth unto God and the Apostle saith the powers that are are ordained of God Rom. 13.2 which is to be understood of the regall or Monarchicall power because Saint Paules 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 2 Pet. 2.13 Saint Peters description betwixt the King and the inferiour Magistrates A twofold royalty in a King 1 Merum imperium higher powers are interpreted by Saint Peter to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Kings that are supreme where Saint Peter makes an excellent distinction betwixt the superiour and the inferiour Magistrates the superiour is that which Saint Paul saith is ordained of God and the inferiours are they which Saint Peter calleth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 such as are sent by the King for the better explanation of which place you must know that in every King or supreme Magistrate we may conceive a double royalty The 1 is merum imperium or regni potestas summa plenissima and this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 this fulnesse of power and independent of any creature and immediately received of God which the Civilians call jus regis or munus regni is in the person of the King indivisible not to be imparted by the King to any creature because he cannot devest himself divide this power or alienate the same to any subject no not to his own son without renouncing or dividing his Kingdome How the King cannot do unjustly and by this the Civilians say the King may governe sine certa lege sine certo jure sed non sine aequitate justitia without Law but not without equity whereupon it is a rule in the Common Law hoc unum rex potest facere quod non potest injustè agere which is to be applyed to this inseperable regality of the King 2 Imperium dispositivum and hath been often alleadged by other Parliaments to justifie the King from all blame The 2 is imperium dispositivum or jus gubernandi vel jurisdictio the right of governing or jurisdiction and distribution of justice and this may be derived and delegated from the King legatis vitalitiis either for terme of life or during the Kings pleasure But how not privativè when the King doth not denude himself thereof but cumulativè and executivè to execute the same as the Kings Instruments for the preservation of peace How the King delegates his power to his inferiour Magistrates and the administration of justice as it appeareth in their patent and this subordinate power is not inherent in their persons but onely committed unto them for the execution of some office because that when the supreame power is present the power of the inferiour officers is silent it is in nubibus fled into the clouds and like the light of the Moon and Stars vanishing whensoever the Sun appeareth for Kings when they do transfer any actuall power to the subalternate Officers retain the habituall power still in their own hands which upon any emergent occasion they may actually resume to themselves again which they could not do if they parted with the habite and forme of this despoticall power of government The words of the Apostles vindicated from the false glosses of the Sectaries Rom. 13.1 1 Pet. 2.13 The testimony of the Fathers for the Soveraignty of Kings Tertul. ad Scap. in apologet
c. 30. Iren. advers baeres Valent l. 5. c. 20. Optat. contr Parmen l. 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Chrysost tom 6. orat 40. orat 2. Aug. de civit Dei l. 5. c. 21. that they have immediately received from God And as the Scriptures make it plain that the Kings right and power to govern is immediately from God so they make it as plain that it is the greatest right and most eminent highest power that is on earth for though the cavillers at this power translate the words of Saint Paul 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not potestatibus sublimioribus or supremis but potestatibus superexcellentibus and say that the word or particle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 where S. Peter bids us submit our selves to the King 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as to the cheif intends a resemblance onely and not a reall demonstration to prove the King to be the chief Yet the malice of these men and the falshood of these glosses will appear if you consider that the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 habens se super alios or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 joyned with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to the powers that are ordained of God must needs signify not any subordinate power but the supremest power on earth because the other powers are directly said by Saint Peter to be sent by the King and the article 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doth as really expresse the matter there as in John i. 14. where the Evangelist saith and we beheld his glory 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the glory of the onely begotten Son of God And I hope our Sectaries will not be so impudent as to say that this signifieth but a resemblance of the Son of God But to make this point more plain you shall heare what the Fathers and the learned say for I told you before Tertullian saith of Kings and Emperours inde potestas unde spiritus and he is solo Deo minor inferiour to none but God Saint Chrysostome saith he hath no peer on Earth but is the top of all men living Athanasius saith there is none above the Emperour but onely God that made the Emperour Q. Curtius l. 9. Saint Cyrill in a Sermon upon that text I am the vine commendeth the answer of a King whom Quintus Curtius affirmeth to be Alexander that being shot and his Subjects would have him bound to pull out the arrow said non decet vinciri Regem Bern. Tractat. de pass Dom. c. 4. it becomes not Kings to be bound because none is superiour unto them Agapetus a Deacon of Constantine saith as much and because it is a rule in the Civill Law testem quem quis inducit pro se tenetur recipere contra sese the testimony of our adversaries is most convictive therefore I beseech you hear what they say for Rosellus a great Catholique saith it is heretical to affirm that the universal administration of the temporall affaires is or must be in the Pope when the King hath no superiour on earth but the Creator of heaven and earth Caninus also saith that the Apostle Rom. 13. spake of the Regall and secular Power Cassan Catal. glor mundi p. 8. consider 28. Card. Cusan concord Cathol l. 3. c. 5. Vide Arnis p. 5. de dist dupl jurisdict and not of the Ecclesiasticall and Cassanaeus saith that Kings are the highest and most paramount secular power and authority that ever God appointed on earth and denies that either the old or the new Testament makes any mention of an Emperour juris utriusque testimonia manifestè declarant imperialem dignitatem potestatem immediatè á filio Dei ab antiquo processisse said Philip King of France in Constit de potest elect Imperat. Irvin p. 33 34 35. quoteth many authors to confirme the same truth Lombard Gratian Melancthon Cranmer Tyndall and abundance more without number do likewise most peremptorily affirme that the Kings Power is the supreme power on earth and as the mirror of our time the Bishop of Winchester observeth the Scripture testifieth that their Throne their Crowne their Sword their Scepter their Judgement their Royalty their Power their Charge their Person and all in them are of God from God and by God to shew how sacred they are and ought to be unto us all and so the very Heathens teaching sounder Divinity then our Sectaries thought and said that Kings were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Homere Plutarch Ovid. Fast l. 5. Quia à jove nutriti ab eo regnum ade ti sunt Scapula in verbe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Ministers of God and not the servants of the people Good God! what shall we say then to those children of Adam that will not onely with Adam be content to be like God but with Antichrist this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 * Many-headed beast 2. The difficulty of Government 2. Things shewing the difficulty of Government as Plato calleth them wil exalt themselves above all that is called God they will devest the King and invest themselves with his right and therefore 2. This sheweth how difficult a thing it is to rule and govern this unruly aspiring and ambitious multitude for the fuller understanding of which difficult duty Osorius saith that two things are to be considered 1. Suscepti muneris amplitudo the greatness of the charge which is of that weight that we can scarce think of a greater in all our life the care of Church and Common-wealth and to rule millions of men far and neare 2. Gubernandorum qualitas the quality and conditions of those men that are to be governed which if there were nothing else to prove it will sufficiently shew the difficulty of their government for if it be a very hard thing to govern a mans selfe how much harder is it to govern such a multitude of mad men for Cicero saith the multitude is the greatest teacher of errour the unjustest judge of dignity being without counsell without reason without judgement Cicero Tusc 3. de sinibus lib. 2. Plutarch in Alcibiad and Plutarch calleth them pessimam veritatis interpretem whereunto agreeth the answer of that Pope who being demanded what was furthest from truth answered populi sententia the opinion of the People and as they are the weakest for judgement so they are most instable in their resolutions to day crying Hosanna and to morrow Crucifige this is the nature of the People Osorius his description of the factious Puritans most plainly seen verified in our Rebels of whom these our Sectaries are the very dregs the worst and the basest of all I must crave leave to set down what Osorius saith of them long ago and you may finde that this rebellion proves his words most true for he saith the desire and end of this faction is too much liberty then which nothing can be more averse to the office and government of Kings for it is the
duty of a King to cut off all haynous offences with just punishments the unbridled people desires to be free from all fear of punishment the King is the Minister of the Law the Keeper of it and the auenger of the transgression thereof the people as much as possibly they can with an impetuous temerity pulleth down all Laws the King laboureth to preserve peace and quietness the people with an untamcable lust turmoileth and troubleth the peace of all men lastly the King thinkes not fit to distribute rewards and compensations indifferently to all men alike but the people desire to have all difference of worth and dignity taken away infima summis permisceri and to make the basest equal with the best whence it happeneth so that they hate all Princes and especially all Kings quos immani odio persequuntur whom they persecute with a deadly hate for they cannot endure any excellency or dignity and to that end they use all endeavour ut principes interimant vel saltem in turbam conjiciant either utterly to take away and destroy their Princes or to implunge them into a World of troubles which thing at first doth not appeare but when the multitude of furious men hath gathered strength then at last their impudent boldness being confirmed by daily impunity breaketh forth to the destruction of the royal Majesty And a little after he saith Osoriu in ep Reginae Elizabethae praefix l. de relig add to these things the abolition of Laws the contempt of Rule the hatred of royal Majesty and the cruel lying in wait which they most impiously and nefariously do endeavour for their Princes add also their clandestine and secret discourses where their confederacies are made for the extirpation of their Kings and to plot with unspeakable mischief the death of them whose health and safety they ought most heartily to pray to God for and then he addeth Pagina 24. 25. cum immodica libertatis cupiditate rapiantur leges oderunt judicia detestantur regum majestatem extinctam cupiunt ut licentiùs impuniùs queant per omnia libidinum genera vagari and this is most manifest saith he all their endeavours ayme at this end that Princes being taken away they may have an uncontroulable leave and liberty to commit all kinde of villanies and to that purpose they have poysoned some kings Revera mihi videtur esse ars artium hominem regere qui certè est inter omnes animantes maximè moribus varius voluntate diversas Nazian in Apol. and killed others with the sword and to root out all rule Consilia plena sceleris inierunt they are full of all wicked counsels And therefore this being the condition of the people as the Scripture sheweth plainly in the Jews by their continual Rebellions and murmurings against Moses and Aaron and we see it as plainly in our own time when our people hath confirmed all that this Bishop said it is not an easie matter to govern such an unruly people But we finde that the rod of Government is a miraculous rod that being in Moses hand was a fair wand but cast unto the ground turned to be an ungly and a poysonous Serpent to shew that the people being subject to the hand of Government is a goodly thing and a glorious society but let loose out of the Princes hands they are as Serpents crooked wriggled versipelles A people well governed very glorious and as full as may be of all deadly poyson and the Prophet David makes the ruling of the people to be as great a miracle as to appease the raging of the Seas and therefore he ascribes this Government to be the proper work of God psal 65.7 God is the governour and Kings are but Gods instruments psal 77.20 when speaking unto God he saith Thou rulest the rage of the Seas the noyse of his waves and the madness of the people for Kings are but Gods instruments and God himself is the ruler of his people even as the same King David sheweth saying still to God Tu duxisti 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 politick heads to do it and this Solomon knew full 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 go out or in that is to govern them 1 Reg. 3.7 9. therefore I pray the give thy servant an understanding heart to judge thy people that I may discern between good and bad for who is able to judge this thy so great a people that is what one man is able to govern an innumerable multitude of men Thou therefore must be the Governour and I am but thine instrument and that I may be a fit instrument to do thy work I desire thee to give me a docible heart They that reject their King reject God Wherefore O you Subjects without obedience 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 own work to rule the people you may as well refuse God himself even as God saith unto Samuel 1 Sam. 8.7 They have not reiected thee but they have reiected me so you that do rebel and cast away your King that God hath chosen as his hand to guide you and his instrument to govern you 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Luk. 10.16 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 choice of inferiour Magistrates belongeth the power of the subordinate officers neither Peers 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 chief parts of the regal government the four properties of a just War and how the Parliamentary Faction transgress in every property 3. The assistance that God alloweth unto Kings to help them in their government of two sorts 3. SEeing it is so hard and difficult a matter ars artium gubernare populum the Mistresse of all Sciences and the most dangerous of all faculties to govern the people that Saturninus said truly to them that put on his Kingly ornaments they knew not what an evil it was to rule because of the many dangers that hang over the rulers heads which under the seeming shew of a Crown of gold do wear indeed a Crown of thornes therefore Vt
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 counsel to assist them to govern 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 Counsellors 1. Faithful and wise Counsellors to direct them in the government of the people 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 choice of a wise and religious Counsel because the most weighty labours of the Prince do stand in need of the greatest helpes therefore Agamemnon had his Nestor and Chaleas Dionys Halicar lib. 2. Augustus had Mecoenas and Agrippa two wise Counsellors to direct him in all his affairs David had Nathan Gad Achitophel and Hushai and Nebuchadnezzar had Daniel Shadrach Meshac and Abednego and so all other Kings in all Nations do chuse the wisest men that they conceive to be their Counsellors 1. Subordinate Magistrates 2. For subordinate Magistrates Jethro's counsel unto Moses and Moses hearkning unto him as to a wise and faithful Counsellor makes it plain how necessary it is for the supreme Magistrate to chuse such assistants as may bear with him some part of the great burthen of government Thus far it is agreed upon on all sides but the difference betwixt us and our new State-Divines consisteth in these two points 1. About the choice 2. About the power of these officers A twofold difference For 1. We say that by the Law of nature every master hath right to chuse his own servants this is Lex gentium ever practiced among all Nations 1. About the choice of inferiour Magistrates and Officers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 2 Cor. 4 5. Exod. 18.11 why then should not the King make choice of his own 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 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 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 mark I pray you thou and not the people shalt provide them neither shall you find it otherwise in any History 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 Cap. 6.1 2. and Darius set over his Kingdome a hundred and twenty Princes and made Daniel the first of the three Presidents that were over all these And what shall I say of Ahashuerus and all other kings All kings chuse their own Officers Heathens Jewes or Christians that ever kept this power to chuse their own servants Counsellors and Officers except they were infant Kings in their non-age and so not able to chuse them But you will say that our Histories tell you Ob. how Ric. 2. Edw. 2. and others of our Kings had their Officers appointed and themselves committed unto Guardians by the Parliament therefore why may not our Parliament do the like in case of male-administration I answer that I speak of the right of kings Sol. 2 Reg. 19.37 and not justifie the wrongs done to Kings Adramelech and Sharezer killed Sennacherib their own Father is it therefore lawfull for other children so to do Why should we therefore alleadge those things Quae insolentiâ populari quae vi quae furore non ad imitationem exemplo proponenda sed justo legum supplicio vindicanda sunt which should rather have been revenged by the just punishment of the Law then proposed to be imitated by the example Therefore I say that whosoever abridgeth the King of this power robbeth him of that right which God and nature hath allowed him whereby you may judge how justly the Parliamentary faction would have dealt herein with our King by forcing Counsellors and great Officers upon him but I hope you see it is the Kings right to chuse his Servants Officers and Counsellors what manner of men he should chuse Jethro setteth down True Church lib. 6. c. 4. c. And I have most fully described the qualities and conditions that they should be indued withall in my True Church 2. As our Sectaries differ much from the true Divines about the choyce 2. Difference about the power of the subordinate Magistrates so they differ much more about the power of these subordinate officers and inferiour Magistrates for we say they are alwayes to be obedient to the supreme power or otherwise ejus est deponere cujus est constituere he can displace them that hath appointed them or if you say no because I cited you a place out of Bellarmine where he saith the Souldiers had power to refuse their Emperour while he was in fieri to be elected but not when he was in facto fully chosen and made Emperour so the King hath power to chuse them but not to displace them I answer briefly that in creating or constituting our inferiours we may but our superiour we may not because inferiours in the judgment of all men None can depose him in whom the supreme Majesty resideth have no jurisdiction over their superiours And therefore elective Kings are not deposeable in a Monarchicall government where the supreme power resides in the Monarch though perhaps the Kings of Lacedemon might be justly deposed because by the constitution of their Kingdome the supreme power was not in their Kings but in their Ephori But our new Sectaries out of Junius Brutus Burcher Althusius Knox and Cartwright teach very devoutly but most falsely that in case of defailance to do his duty they may with the Tribunes of Rome or the Demarchi at Athens censure and depose him too if they see just cause for the same Blacvod c. 33. p. 285. Grand Rebellion c. 7. p. 52. To confute which blasphemous doctrine against God and so pernicious and dangerous to this State though others have done it very excellently well already and I have formerly shewed the absurdity of it in my Grand Rebellion yet because all books come not to every hand I will say somewhat
of it in this place If these Counsellours Magistrates Parliament call them what you will have any power and authority it must be either subordinate coordinate or supreme 1 Subordinate officers can have no power over their superiors 1. If subordinate I told you before they can have no power over their superiour because all inferiour Magistrates are Magistrates onely in respect of those that are under their jurisdiction because to them they represent the King and supply the office of the King but in reference to the King they are but private persons and Subjects that can challenge no jurisdiction over him 2. that neither Peers not Parliament can have the supremacy None above the king at any time 2. If they be supreme then Saint Peter is much mistaken to say the King is supreme and they do ill to disclaime this supremacy when in all their Petitions not disjunctively but as they are an united body they say Your Majesties humble Subjects the Lords and Commons in Parliament and besides they are perjur'd that deny it after they have taken the Oath of supremacy where every one saith I A. B. do utterly testifie and declare in my conscience that the Kings Highness is the onely supreme Governour of this Realme c. But this is further and so fully proved out of Bracton the nature of all the Subjects tenures and the constitution of this government by the Authour of The unlawfulness of Subjects taking up armes against their Soveraigne that more needs not be spoken to any rational man Yet because this point is of such great concernment and the chiefest argument they have out of Bracton is that he saith Rex habet superiorem The Sectaries chiefest argument out of Bracton fully answered legem curiam suam comites Barones quia comites dicuntur quasi socii Regis qui habet socium habet magistrum ideò si Rex fuerit sine frano id est sine lege debent ei fraenum ponere nisi ipsimet fuerint cum rege sine fraeno and all this makes just nothing in the World for them if they had the honesty or the learning to understand it right for what is above the King the Law and the Court of Earles and Barons but how are they above him as the Preacher is above the King when he preacheth unto him or the Physician when he gives him Physick or the Pilot when he sayleth by Sea that is quoad rationem consulendi How the Law and the Court of Barons is above the King non cogendi they have superioritatem directivam non coactivam for so the teacher is above him that is taught and the Counsellor above him that is counselled that is by way-of advice but not by way of command and to shew you that this is Bractons true meaning I pray you consider his words Comites dicuntur quasi socii they are as his fellows or Peeres not simply but quasi and if they were simply so yet they are but socii not superiours and what can socii do not command for par in parem non habet potestatem that is praecipiendi otherwise you must confesse habet potestatem consulendi therefore Bracton addes qui habet socium habet magistrum that is a teacher not a commander and to make this yet moâ—e plain he addes Si Rex fuerit sine fraeno id est lege if the King be without a bridle that is saith he lest you should mistake what he meanes by the bridle and thinke he meanes force and armes the Law they ought to put this bridle unto him that is to presse him with this Law and still to shew him his duty even as we do both to King and people saying this is the Law this should bridle you but here is not a word of commanding much lesse of forcing the King not a word of superiority nor yet simply of equality and therefore I must say hoc argumentum nihil ad rhombum these do abuse every author 3 That neither Peers nor Parliament are co-ordinate with the King If their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I speak not of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 their natural strength and power but of their right and authority be coordinate and equal 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 nam quod summum est unum est Ommesque Philosoph jurisconsulti ponunt summum in eo rerum genere quod dividi non possit Lactant. l. 1. c. 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Marc. 3.14 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 Poet 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 fox spake onely to descry his ill willers after some jests answered seriously 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that government must not be divided because you can never have any happiness where the power is equally divided in two parts when according to the well known axiome to every one Par in parem non habet potestatem But to make the matter cleare The Case of our Affaires p. 19.20 The Lawes of our Land acknowledge all Soveraignty in the King and to shew that the Soveraignty is inseperably inherent in the person of His Majesty we have the whole current of our very Acts of Parliament acknowledging it in these very termes Our Soveraigne Lord 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 Crown of England to have been so free at all times that it hath been in no earthly subjection but immediately to God in all things touching the regality of the said Crown and to none other and in the 25. 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 Kingdom or in the known and published Laws 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 allegeance to the individual person of the King and I doubt not but our learned Lawyers can finde much more proofe then I do out of their Law to this purpose And therefore seeing divers supreme
Israel for I stand not about words when some were called Kings for the honour of the People Judges 17.6.18.1.19.1 and yet had no more power then Subjects as the Kings of Sparta and others had not the name of Kings and yet had the full power of Kings as the Dictator and the Emperour and the great Duke of Muscovie and the like But when a war is undertaken by any Prince how shall we know which party is in the right for to make an unjust war cannot be said to be the right of any King yet as the Poet saith Quis justius induit arma Lucan lib. 1. Scire nefas summo se judice quisque tuetur Every one pretends his cause is just he fights for God for the truth of the Gospell the faith of Christ and the liberty and Lawes of his Countrey how then shall those poore men that hazard their lives and their fortunes yea and soules too if they war on the wrong side understand the truth of this great doubtfull and dangerous point I answer all the Divines that I read of speaking of war Dambaud in praxi criminal cap. 82. do concur with what Dambauderius writeth of this point that there must be foure properties of a just war 1. A just cause 2. A right intention Foure properties of a just War 3. Meet Members 4. The Kings authority Sine qua est laesa Majestas without which authority the Warriours are all Traytors And I would to God our Rebels would lay their hands upon their hearts and seriously examine these foure points in this present War 1. What cause have they to take Armes against their King 1. A just cause and to kill and murder so many thousands of their own Brethren they will answer that they do it for the defence of their Liberty Lawes and Religion but how truely let God himselfe be the Judge for His Majesty hath promised and protested they shall enjoy all these fully and freely without any manner of dimunution and we know that never any rebellion was raised but these very causes were still pretended And therefore 2. Consider with what intent they do all this 2 A right intention and I doubt not but you shall finde foul weeds under this fair cloak for under the shadow of liberty and property they took the liberty to rob all the King 's loyal Subjects that they could reach of all or most of their estates and to keep them fast in prison because they would not consent to their lawless liberty and to be Rebels with them against their conscience And under the pretence of Lawes they aimed not to have the old Lawes well kept which was never denyed them but to have such new ones made as might quite rob the King of all his rights and transfer the same unto themselves and their friends so he should be like the King of Sparta What Lawes and Religion the Rebels would fain have a Royal Slave and they should be like the Ephori ruling and commanding Subjects And for the religion you may know by their new Synod which are a Synod not of Saints but of Rebels what religion they would fain have not that which was professed in Q. Elizabeth's times that was established by the Lawes justified by the paines and confirmed by the bloud of so many worthy men and faithful Martyrs but a new religion first hatched in Amsterdam then nourished in New-England and now to be transplanted into this Kingdom 3. Meet Members 3. Who are the persons that are imployed in this war he first of all that is the more disloyal because he was a person of honour that had so much honour conferred upon him by His Majesty and so much trust reposed in him and would notwithstanding prove so unthankful as to kick with his heeles against his Master and so follow whom you know passibus aequis whose example any other man that were not rob'd of his understanding would make a remora to retain him from rebellion and what are the other heads but a company either of poor Who the Rebels are and what manner persons they be needy and mean condition'd Lords and Gentlemen or discontented Peers that are misled or such factious Sectaries whose blind zeal and furious malice are able to hurry them headlong to perpetrate any mischief for their Captains and their Officers I believe they fight neither for the Anabaptists creed nor against the Romane faith nor to overthrow our Protestant Church but for their pay for which though they cannot be justified to take their hire for such ill service to rebel against their King and to murder their innocent brethren Yet are they not so bad as their grand Masters and for their common Souldiers I assure my self many of them fight against their wills many seduced by their false Prophets others inticed by their factious Masters and most of them compelled to kill their brethren against their wils and therefore in some places though their number trebled the Kings yet they had rather run away then fight and what a miserable and deplorable case is this when so many poor soules shall be driven unto the Devil by Preachers and Parliament against their wills 4. The supreme authorrity 4. If you consider quâ authoritate by what authority they wage this war they will answer by the Authority of Parliament and that is just none at all because the Parliament hath not the supreme authority without which the war is not publique nor can it be justified for a war is then justifiable when there is no legal way to end the controversie by prohibiting farther appeales which cannot be Albericus Gentilis de jure belli l. 1. c. 2. Subjects can never make a lawful war against their King but onely betwixt independent States and several Princes that have the supreme power in their own hands and are not liable to the sensure of any Court which power the Parliament cannot challenge because they are or should be the King 's lawful Subjects and therefore cannot be his lawful enemies but they will say Master Goodwin Burroughs and all the rest of our good men zealous brethren and powerful Preachers do continually cry out in our eares it is bellum sanctum a most just and holy war a war for the Gospel and for our Lawes and Liberties wherein whosoever dies he shall be crowned a Martyr I answer that for their reward they shall be indeed as Saint Augustine saith of the like Res dura ac plena pericli est regale occidisse genus Martyres stultae Philosophiae when every one of them may be indicted at the bar of God's justice for a felo de se a Malefactour guilty of his own untimely death and for their good Oratours that perswade them to this wickednesse I pray you consider well what they are men of no worth rebellious against the Church Rebels against the King factious Schismaticks In what
condition their Preachers are and of what worth of no faith of no learning that have already forfeited their estates if they have any and their lives unto the king and will any man that is wise hazard his estate his life and his soul to follow the perswasions of these men my life is as deare to me as the Earle of Essex his head is to him and my soul dearer and I dare ingage them both that if all the Doctors in both Vniversities and all the Divines within the kingdome of England were gathered together to give their judgement of this War there could not be found one of ten it may be as I beleive not one of twenty that durst upon his conscience say this war is lawful upon the Parliament side for though these Locusts that is the German It is contrary to the doctrine of all the Protestant Church for Subjects to resist their king Scottish and the English Puritane agreeing with the Romane Jesuite ever since the reformation harped upon this string and retained this serpentine poison within their bosome still spitting it forth against all States as you may see by their bookes Yet I must tell you plainly this doctrine of Subjects taking up armes against their lawful King is point blanck and directly against the received doctrine of the Church of England and against the tenet of all true Protestants and therefore Andreas Rivetus Professor at Leyden writing against a Jesuite Paraeus in Rom. 13. Boucher l. 2. c 2. Keckerm Syst pol. c. 32. Jun. Brut. q. 2. p. 56. Bellar. de laic c. 6. Suar. de fid cathol c. 3. Lichfield l. 4. 19. sect 19. Field l. 5. c. 30. that cast this aspersion upon the Protestants that they jumpe with them in this doctrine of warring against and deposing kings saith that no Protestant doth maintain that damnable doctrine and that rashness of Knox and Buchanan is to be ascribed praefervido Scotorum ingenio ad audendum prompto Juel and Bilson and all the Doctors of the Church are of the same minde and Lichfield saith no Orthodox father did by word or writing teach any resistance for the space of a thousand yeares and Doctor Field saith that all the worthy fathers and Bishops of the Church perswaded themselves that they owed all duty unto their kings though they were Hereticks and Infidels and the Homilies of the Church of England allowed by authority do plainly and peremptorily condemne all Subjects warring against their King for Rebels and Traytors that do resist the ordinance of God and procure unto themselves damnation and truely I beleive most of their own consciences tell them so and they that thinke otherwise I would have them to consider that if they were at a banquet where twenty should aver such a dish to be full of poyson for every one that would warrant it good would'st thou venture to eate it and hazard thy life in such a case O then consider what it is to hazard thy soule upon the like termes So you see the justness of the War on the Parliament side But. 1. On the Kings side it cannot be denied but his cause is most just for his own defence for the maintenance of the true Protestant Religion that is established by our Laws and for the rights of the Church and the just liberties and property of all his loyal Subjects this he testifieth in all his Declarations and this we know in our own consciences to be true and therefore 2. As his Majesty professeth so we beleive him that he never intended otherwise by this war but to protect us and our Religion and to maintain his own just and unquestionable rights which these Rebels would most unjustly wrest out of his hands and under the shew of humble Petitioners to become at last proud Commanders for as one saith They whom no denial can withstand Seeme but to aske while they indeed command 3. For the persons that war with him they are the chiefest of the Nobility 3 His assistants learned honest and religious all the best Gentry that hazard their lives not for filthy lucre for the Kings Revenues being so unjustly detained from him they are fain to supply his necessities and to bear their own charges and the poor common Soldiers are nothing wanting to do their best endeavours neither need they to fear any thing because 4 His authority sacred and unquestionable What the pretended Parliament is 4. The King hath a just right to give them full power and authority to do execution upon these Rebels as I have proved unto you before And therefore the result of all is that the Parliament side under the pretence of Religion fighting if not for the Crown yet certainly for the full power and authority of the King who shall have the ordering of the Militia that is who shall have the government of this Kingdome which is all one as who shall be the King they or King CHARLES and which is the very question that they would now decide by the sword in taking away our goods are theeves and robbers in killing their brethren are bloudy murderers and in resisting their King are rebellious traytors that as the Apostle saith purchase to themselves damnation when as the Prophet Esay speaketh of the like Rebels being hardly bestead and hungry Esay 8.21 22. as I believe thousands of them are in London and other Rebellious Cities they shall fret themselves and curse their King and their God and looke upward as I fear many of them do curse the King with their tongues and God in their hearts and they shall looke unto the earth Matth. 8.12 and behold trouble and darknesse dimnesse and anguish and they shall be driven to darknesse even to utter darknesse where there shall be weeping and gnashing of teeth if by a true repentance they do not betimes rent their hearts and forsake their fearful sinns And the Kings side in this war doing no further then the king gives Commission do no more then what God commandeth and therefore living they shall be accounted loyal Subjects worthy of honour and dying they shall be sure to be everlastingly rewarded CHAP. XIII Sheweth how the first Government of Kings was arbitrary the places of Moses Deu. 17. and of Samuel 1 Sam. 8. discussed whether Ahab offended in desiring Naboths Vineyard and wherein why absolute power was granted unto Kings and how the diversities of Government came up 2 part of the regal government in the time of peace Master Selden in his titles of Honour p. 15. That the first government of Kings was arbitrary 2. HAving thus shewed you potestatem ducendi the Kings right and power of making War it resteth that I should speake De potestate judicandi of his power and right of judging and governing his people in the time of peace touching which we finde none denying his right but all the difference is about the manner where 1. I finde Master Selden rejecting
grace 2. By fraud 3. Through fear For 1. The King that hath his full right either by conquest or succession over his people 1. All grants of grace ought to be observed to govern them as a most absolute Monarch and out of his meer grace and favour to sweeten the subjection of his people and to binde them with the greater love and affection to his obedience doth minuere sua jura restrain his absolute right bestow liberties upon his people and take his oath for their security that he will observe them is bound in all conscience to perform them and can never be freed from injustice before God and man if he transgresse them The true Law of free Monarchs p. 203. Quia volenti fit non injuria because they do him no injury when he doth voluntarily either totally resign or in some particularity diminish his own right but after he hath thus firmely done it he can never iustly go from it and therefore King James saith that a King which governeth not by his Lawes can neither be accountable to God for his administration nor have a happy and established Raign because it cannot be but that the people seeing their King failing of his duty will be always murmuring and defective in their fidelity And Yet the King's breach of oath doth neither forfeit his right nor warrant their distoyalty because another mans sin doth no way lessen mine offence and neither God nor the King granted this priviledge unto Subjects to rebel and take Armes against their Soveraign when they pretend he hath broken his promise 2. Grants obtained through fraud which to be observed 2. When the King through the subtile perswasions of his people that pretend one thing and intend another shall be seduced to grant those things that are full of inconveniencies as our King was over-reached and no better then meerly cheated by the faction of this Parliament to grant the continuance of it till it should be dissolved with the consent of both Houses and the like Lawes that are procured by meer fraud that soonest over-reacheth the best meaning Kings I answer with the old Proverb Caveat emptor he ought to have been as wise to prevent them as they were subtile to circumvent him and therefore as Joshua being deceived by the Gibeonites could not alter his promise Josh 9.20 nor break his league with them lest wrath should fall upon him so no more should any other King break promise in the like case But you must observe that the Psalmist saith Psal 15.5 The good man which shall dwell in the Tabernacle of the Lord is he that sweareth unto his neighbour and disappointeth him not though it were to his own hinderance mark Quicquid fit dolo malo annullat factum imponit poenam summa Angel though it were to his own hinderance never so much he must perform it but what if he hath promised and sworn that which will be to the great dishonour of God to the hinderance of thousands of others and it may be to the ruine of a whole Kingdom which is a great deal more then his own hinderance is a King bound or is any man else obliged to perform such a promise or to keep such an oath to tell you mine own judgement I think he ought not to perform it and our own Law tels us what grants soever are obtained from the King under the broad Seal by fraud and deceit those grants are void in Law therefore seeing the Act for the perpetuity of this Parliament was obtained dolo pessimo to the great dishonour of God and the ruine both of Church and State when their pretence was very good though the goodness of his Majesty in the tenderness of his conscience was still loath to allow himself the liberty to dissolve it until he had other justeâ— and more clear causes to pronounce it no Parliament as the abusing of his grant to the raising of an Army and the upholding of a Rebellion against their Soveraign yet I believe he might safely have done it long agone without the least violation of God's Law when their evil intentions were openly discovered by those Armies which they raised For I doubt not to affirm it with the Authour of The sacred Prerogative of Christian Kings p. 144. if any good Prince or his royal Ancestors have been cheated out of their sacred right by fraud oâ— force he may at the fittest opportunity when God in his wise providence offereth the occasion resume it especially when the Subjects do abuse the King's concessions to the dammage of Soveraignty so that it redounds also to the prejudice either of the Church or Common-wealth 3. When the King through fear not such as the Parliaments fear is 3. Grants gotten by force not to be observed who were afraid where no fear was and were frighted with dreames and causelesse jealousies but that fear which is real and not little but such as may fall in fortem constantem virum doth passe any Law especially that is prejudicial to the Church and injurious to many of his Subjects I say that when he shall be freed from that fear he is not onely freed from the obligation of that Law but he is also obliged to do his uttermost endeavour to annul the same it is true that his fear may justly free him from all blame at the passing of it as the fear of the thief may clear me from all fault in delivering my purse unto him because these are no voluntary acts and all acts are adjudged good or evil according to the disposition of the will the same being like the golden bridle that Minerva was said to put upon Pegasus to guide him and to turn him as she pleased but when his fear is past The will must never consent to forced acts that are unlawful His Majesties answer to the Petition of the Lords and Commons 16. Julii p. 8. and God hath delivered him from the insurrection of wicked doers if his will gives consent to what before he did unwilling who can free the greatest Monarch from this fault Therefore His Majesty confessing which we that saw the whole proceedings of those tumultuous routs that affrighted all the good Protestants and the Loyal Subjects do know that it could not be otherwise that he was driven out of London for fear of his life I conclude that the act of excluding the Bishops out of Parliament being past after his flight out of London can be no free nor just nor lawful act and the King when he is more fully informed of many particulars about this act that is so prejudicial to the Church of Christ and so injurious to all his servants the Clergy whose rights and priviledges the King promised and sware at His Coronation to maintain cannot continue it in my judgement and be innocent But this is answered by the answerer to Doctour Ferne Ob. Pag. 31. that he is no more bound
were many times swayed by the heads of the most powerfull faction The case of our affairs p. 17. How powerfull factions have procured Parliaments to doe most unjust things Turba tremens sequitur fortunam ut semper odit damnatos Juven Satyra 10. 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 powerful they forced their Kings to make what Statutes they liked best which are instances rather of their unsteady weaknesse then of their just power when forsaking the guidance of their lawfull head they suffered themselves to be led by popular pretenders as when Canutus prevailed by his armes he could have a Parliament to resolve that his title to the Crown was the best when Hen. 4. had an army of 60000 men he could have a Parliament to depose Rich. 2. and confer the Crown upon himself when Edw. Duke of Yorke grew powerfull he could have a Parliament to determine the reigne 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 jure so Rich. the 3. 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 Queen Elizab. could have a Parliament to make it high treason for any man to say that the Queen could not by Act of Parliament bind and dispose the rights and titles which any person whatsoever might have unto the Crown 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 Crown because the descent of the Crown upon him purges all disabilityes 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 work 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 The case of our affaires p. 20. And therefore as in the 15 yeare of Edw. 3. the king being unwillingly drawn to consent to certain Articles prejudiciall to the Crown and to promise to seale the Statute thereupon made lest otherwise his affairs in hand might have been ruinated which we conceive to be just in like manner now the king very unwillingly drawn to passe this Act for the exclusion of the Clergy which is most prejudiciall both to the Crown and the Church and a mighty dishonour unto God himself 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 year reciting the former matter Statutes unwillingly procured from the king repealed that was enacted in these words It seemed to the said Earls Barons and otherwise 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 we have decreed the said Statute to be void c. So I hope our Earles and Baron 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 own conscience knoweth and do presume His Majesty will acknowledge they likewise will consent that the king may make it void again §. 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 craue leave to be resolved in certain 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 Quaere 1 1. Whether any positive Act Statute or Law that is either 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 beleive and constantly maintain 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 seek the Law at his month 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 Quaere 2 2. Whether the king that is an absolute Monarch to whom 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 beleived 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 Quaere 3 3. Whether the king can passe away that power authority and right which God hath given him and without which he cannot govern 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 paâ—t with that power and right * Otherwise then by substitution Rege absente durante beneplacito or quamdiu se benè gesserint substituti whereby he is inabled to govern them and without which he cannot governe them untill God that laid this charge
preserved Licia 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 through justice and fortitude whereupon the old Scholiast citeth the words of Aeschilus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that virtue and justice are ever coupled together and Dio. Chrysost saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he is the best of men that is the most valiant and most just Orat. 2. and Herodian saith of Pertinax Plut. in vit Cicero 2. orat in Anton. Ovid. Met. 6. Suet. de act c. 2 that he was both loved and feared of the Barbarians as well for the remembrance of his virtues in former battels as also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because that wittingly or willingly he never did injustice to any man at any time Plutarch ascribeth these virtues to Lucullus and to Paulus Aemilius Cicero saith the like of Pompey Ovid. of Erictheus Suetonius of Octavius Augustus his father Virgil of Aeneas Krantius of Fronto king of the Danes and of our late king James of famous and ever blessed memory we may truly say Cui pudor justitiae soror Incorrupta fides nudáque veritas Quando ullum invenient parem Horat. lib. 1. Od. 26. Neither need I blush to apply the same to our present King So you see how Justice exalteth a Nation commends the doers of it and crownes them with all honour and as the Poet saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he that worketh justly shall have God himself for his Co-adjutor But here you must observe that which indeed is most true 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 He is not a just man that doeth no hurt Who rightly termed just but he that is able to do hurt and will not do it that can be unjust and will not be for it is no great matter to see a poore man that hath no ability to do no wrong but it is hard to use power right even in the meanest office and therefore this is that that is to be urged to be then most just when we have most power to offend which most properly doth belong to all kings and Princes to put them in minde of their duties to what end God hath made them kings for they are but base statterers Tacit. annal l. 3. Plut. in Apotheg Eustath ad Iliad ss Salust in Orat. Cas cont Catil quibus omnia principum honesta atque inhonesta laudare mos est that will commend all the doing of Princes be they good or bad and which say 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 all things are honest and just that kings do as that flattering sycophant said to Antigonus or like those Chirodicai 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 who thinke justice lyeth not in the Lawes but in their hands because as Caesar saith in maxima fortuna minima licentia est the higher their places are the more righteous they ought to be and the lesse liberty of sinning is left unto them and that in respect 1 of God 2. of others 3. of themselves Kings ought to be more just then all others in 3 respects 1. Where God hath conferred much honour there he exspecteth much equity and the more goodnesse where he bestowed the more grace ideò deteriores estis quia meliores esse debetis and will men therefore be the more sinfull Luke 12.48 Salvian de Pro. vid. l. 4. because they ought to be the more righteous 2. All mens eyes are upon the Prince and as Seneca saith of the royall Pallace Perlucet omne regiae vitium domûs the houses of Kings are like glasses and every man may look through them so their actions can no more be hid then the City that is placed upon an hill but their least and lightest acts are soon seen 3. Their places are as slippery as they are lofty Seneca in Agamemn 2.1 when as one saith height itself maketh mens braines to swimme nunquam solido stetit superba foelicitas and proud insolency never stood sure for any certain space for as God hath made them Gods so he can unmake them at his pleasure and as S. Augustine saith Quod contulit immerentibus tollit malè merentibus Aug. ho. 14. quod illo donante fit nostrum nobis superbientibus fit alienum what God haâ—h freely bestowed upon you without desert he may justly take away from you for your evill deserts and what is ours through Gods gift may be made another mans through our own pride and not onely so but as he hath heaped honours upon their heads that they might honour him so if they neglect him Job 12.21 Job 30.1 he can powre contempt upon Princes and cast dirt in their faces and make them a very scorne to those that formerly they thought unworthy to eate with the dogs of their flock and then Quanto gradus altior tanto casus gravior the higher they were exalted the more will be their greif when they are dejected as it was with those Kings that being wont to be carryed in their royall Charets were forced like horses to draw Sesostris Coach Quia miserrimum est fuisse felicem because it is a most wretched thing to have been happy and not to be or as the Poët saith Qui cadit in plano vix hoc tamen evenit unquam Ovidius Trist l. 3. Eleg. 4. Sic cadit ut tacta surgere possit humo At miser Elpenor tecto dilapsus ab alto Occurrit regi flebilis umbra suo And therefore all Kings should be ever mindfull of the words of King David He that ruleth over men must be just ruling in the feare of God 2 Sam. 23.3 and all these things that I have set down should move all Kings and Princes to set their mindes upon righteousnesse to judge the thing that is right and to live Psal 58.1 What should move all kings to rule justly according to Lawes to reigne and rule according to the straight rule of the Law that so carrying them justly and worthily in their places the poore people may truly say of them Certè Deus est in illis they may well be called Gods because God is in them and if these things will not nor cannot move them to be as mindfull of their duty as well as they are mindfull of their excellency then let them remember what the Psalmist saith Psal 149.8 He will bind Kings with fetters and their Nobles with linkes of Iron and let them meditate upon the words of King Solomon where he saith unto them all Heare O ye Kings and understand learne ye that be Judges of the ends of the earth give eare you that rule the people and glory in the multitude of Nations for power is given you of the Lord and soveraignty from the Highest who shall try your works and search out your counsels because being Ministers of his Kingdomes you have not judged aright nor kept the Law nor walked after the counsell of God horribly and speedily shall he come upon you Sap. 6. usque ad vers 9. for a sharpe judgment
voluntary and not extorted obedience is that which is better then sacrifice 2. Blinde obedience 2. The second is a blinde obedience such as the young youths that being commanded by their Abbat to carry a basket of figs and other Juncates unto a solitary Monke or Hermite that lived in his cave and loosing their way in that unfrequented wilderness chose rather to dye in the desert then taste of those acates that they had in their Basket and such obedience is most frequent in the proselites of Rome who will do whatsoever they are commanded by their superiors though both they and their superiors do thereby commit never so great a wickednesse where notwithstanding I must confesse that this blinde obedience is far better both for Church and State then a proud resistance when as the one produceth nothing but some particular inconveniencies and the other proceedeth to an universall destruction 3. Hypocriticall obedience 3. The third is an hypocriticall and dissembled obedience that is an obedience for a time till they see their time to do mischiefe which is the worst of all obedience and therefore most hatefull both to God and Man because it is but catenus usque dum vires suppetunt untill they have the opportunity and have gotten sufficient strength to shake off their subjection and to maintain their Rebellion The obedience of our Rebells and this was the obedience of all our Rebells our Sectaries and Puritans here in England who would also face us down but most falsely that it was the obedience of the Primitive Christians for so the grand impostor John Goodwin in his Anticavalierisme saith they were onely obedient to those persecuting Tyrants because as yet they wanted strength and were not able to resist them but O thou enemy of all goodness that so hatest to become a Martyr for thy God that was martyred for thee is it not enough for thee to play the dissembling hypocrite thy selfe but thou must taxe those holy Martyrs those true Saints The Authour more out of patience for the wrong offered to the Martyrs then for his own abuse that raigne with Christ in Heaven of hypocrisie and disobedience in their hearts to the Ordinance of God I could willingly beare with any aspersion thou shouldest cast in my face but I am out of patience though sorry that I am so transported to see such false and scandalous imputations so unjustly laid upon such holy Saints yet this you must do to countenance your Rebellion to get the Rhetorick of the Divell to bely Heaven it selfe and therefore what wonder is it that you should bely your King on earth when you dare thus bely the martyrs that are in Heaven 4. The obedience of the Saints two-fold 4. The fourth is a voluntary hearty and well ordered obedience which is the obedience of the Saints and is also Two-fold 1. Active 2. Passive For 1. The Saints knowing the will of God that they should obey their King 1. Active obedience and those that are sent ot him they do willingly yield obedience to their superiours and no marvel because there cannot be a surer argument of an evil man then in a Church reformed and a Kingdom lawfully governed to resist authority and to disobey them that should rule over us especially him whom God immediately hath appointed to be his vice-gerent his substitute and the supreme Monarch of his Dominions here on earth for all other things both in heaven and earth do obsere that Law which their maker hath appointed for them when as the Psalmist saith he hath given them a Law which shall not be broken therefore this must needs be a great reproof and a mighty shame to those men that being Subjects unto their King and to be ruled by his Lawes will notwithstanding disobey the King and transgresse those Lawes that are made for their safety and resist that authority which they are bound to obey onely because their weak heads or false hearts do account the commandment of the King to be against right and what themselves doe to be most holy and just But our City Prophets will say Ob. Diverse kinds of Monarchie◠that although the King be the supreme Monarch whom we are commanded to obey yet there are diverse kinds of Monarchies or Regal governments as usurped lawful by conquest by inheritance by election and these are either absolute as were the Eastern Kings and the Roman Emperours or limited and mixed which they term a Political Monarchy where the King or Monarch can do nothing alone but with the assistance and direction of his Nobility and Parliament or if he doth attempt to bring any exorbitancies to the Common-wealth or deny those things that are necessary for the preservation thereof they may lawfully resist him in the one and compel him to the other to which I answer 1. As God himself which is most absolute liberrimum agens Sol. Absolute Monarchs may limit themselves may notwithstanding limit himself and his own power as he doth when he promiseth and sweareth that he will not fail David and that the unrepentant Rebels should never enter into his rest so the Monarch may limit himself in some points of his administration and yet this limitation neither transferreth any power of Soveraignty unto the Parliament nor denieth the Monarch to be absolute nor admitteth of any resistance against him for 1. This is a meer gull to seduce the people I cannot devise words to expresse this new devised government that cannot distinguish the point of a needle just like the Papist that saith he is a Roman Catholick that is a particular universal a black white a polumonarcha a many one governor when we say he is a Monarch joined in his government with the Parliament for he can be no Monarch or supreme King and Soveraign that hath any sharers with him or above him in the government 2. There is no Monarch that can be said to be simply absolute but onely God yet where there is no superiour but the soveraignty residing in the King he may he said to be an absolute Monarch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1. Because there is none on earth that can controul him 2. Because he is free and absolute in all such things wherein he is not expresly limited and therefore 3. Seeing no Monarch or Soveraign is so absolute No Monarch so absolute but someway limited but that he is some way limited either by the Law of God or by the Rules of nature or of his own concessions and grants unto his people or else by the compact that he maketh with them if he be an elective King and so admitted unto his Kingdom there is no reason they should resist their King for transgressing the limitations of one kind more then the other or if any no doubt but he that transcendeth the limits of God's Law or goeth against the common rules of nature ought rather to be resisted then he
Magistrate doth binde more then the conscience of the inferiour Subject can do for though the conscience rightly guided by reason is the Judge of those things which are either directly forbidden or commanded yet in the other things that are indifferent the Magistrate is the more immediate Judge under God The Magistrate the immediate judge of indifferent which hath given him power either to command them to be done or to forbid them and therefore the Subject having the command of his King whom God commandeth us to obey for his warrant in things of this nature either to do such things or to leave such things undone his duty is not to examine the reason of the command but to performe what he seeth commanded for so S. Augustine saith that although Julian was an Idolater an Apostata an Infidell yet milites fideles servierunt imperatori infideli but when it came to the cause of Christ they acknowledged none but him that was in Heaven when he would have them to worship Idolls they preferred God before him when he said August in Psal 124. C. imperator 11. q. 1. lead forth your Armies and go against such a Nation they presently obeyed him they distinguished betwixt their eternall and their temporall Lord tamen subditi erant propter aeternum etiam domino temporali and they never examined the Justnesse of the war because in all such cases mandatum imperantis tollit culpam servientis Our reason judgement misguided seven wayes How our conscience may be reformed the fault must onely rest upon the commander And therefore as our reason and Judgement may be blinded in all actions either with ignorance negligence pride inordinate affection faintness perplexity or self-love so may our conscience too when it erroniously concludeth upon what our reason falsly assumeth and then as I said before our conscience is rather to be reformed then obeyed and if we be desirous we may thus redress it 1. From ignorance 2 Chron 20.12 1. If it be of ignorance let us say with Jehosophat we know not what to do but our eyes are towards thee and let us seek to them that can inform us the Orthodox not the Sectaries which will rather corrupt us then direct us 2. From negligence John 3.1 2. If it be of negligence let us come without partiality or prejudice as Nicodemus did to Christ to those that for knowledge are well able and for honesty are most willing to instruct us 3. From pride 2 Cor. 10.18 3. If it be of pride let us pray to God for humility and submit our selves one to another especially to them that have more learning then our selves and have that charge over us for he that praiseth himself is not allowed but he whom the Lord praiseth and singularity hath been the original of all heresies and not the least occasion of the troubles of these times and the rebellion of our Sectaries 4 From in ordinate affection 4. If it be from inordinate affection quùm id sanctum quod volumus when every one makes what he loves to be lawful and his own wayes to be just let us hearken to sound reason and prefer truth before our own affections or otherwise perit omne judicium Seneca cùm res transit in affectum there can be no true judgement of things when we are transported with our partial affections 5. From saintnesse 5. If it be from faintnesse let us be scrupulous where we have cause lest we should think it lawfull to swallow a Camel because we are able to straine a gnat and let us not be afraid where no feare is and think those things sinfull that are most lawfull A heavy judgment upon this Nation by mistaking sins which is a heavy judgment of God upon the wicked and hath now lighted very sore upon many of the Inhabitants of this Land who think it Popery to say God blesse you and judge it Idolatry to see a Crosse in Cheap-side 6. From perplexity 6. If it be of perplexity when a man is close as he conceives betwixt two sins where he seeth himself unable though never so willing to avoid both let him peccare in tutiorem partem which though it takes not away the sin yet it will make the fault to be the lesse sin as the casting away of the Corne which is the gift of God and the sustenance of mans life is an unthankfull abuse of Gods creature Act. 27.38 yet as S. Paul caused the same to be cast into the Sea for the safegard of their lives so must we do the like when occasion makes it necessary as now rather to kill our enemies the Rebels though we should think it to be ill then suffer them to wrong our King and to destroy both Church and Kingdome When things are to be judged inevitable because that of two things which we conceive evill and are not both evitable the choice of the lesser to avoid the greater is not evil but they are then to be judged inevitable when there is no apparent ordinary way to avoid them because that where counsell and advice do beare rule we may not presume of Gods extraordinary power without extraordinary warrant saith judicious Mr. Hooker Hooker Eccles pol. l. 5. p. 15. 7. From too much humility Multos in summa pericula misit venturi timor ipse mali Lucan l. 7. 7. If it be of too much humility which is an error of lesse danger yet by no meanes to be fostered lest by gathering strength it proves most pernitious they should pray to God to preserve them from too much fear for though as Saint Gregory saith bonarum mentium est ibi culpas agnoscere ubi culpa non est ye as I said before it is a heavy Judgement and a want of God's grace to be afraid where no fear is and it makes men to commit many sins many times for fear of sin And thus having rectified our conscience in the understanding of all these things we are bound by the commandment of God to be obedient unto the commands of our King Act. 15.20 for it is a paradox to say Christians are free from the Lawes of men because it was a humane law touching things strangled and bloud and the Apostles do exact our obedience unto humane Lawes Rom. 13.1 2. 1 Peter 2 13. even the Laws of Heathen and Idolatrous Emperours and therefore being bound to obey them they cannot be freed in conscience from the Religion of them and so Dr. Whitaker saith that as the Lawes of God must be simply obeyed without any difference of time place and circumstance so must the Lawes of men be obeyed as the circumstances do require for example he that is a Roman and liveth at Rome must obey the Roman Lawes and he saith that the authority of the Magistrate which is sacred and holy cannot with any good conscience be contemned because it is
things fitting for the Majesty of a King and all the other Kings of the Gentiles did the like as well they might if it be true that some of them thought Quicquid habet locuples quicquid custodit avarus Gunterus Jure quidem nostrum est populo concedimus usum But also Solomon 1 Reg. 12.4 Tertul. to 3. de pudicit c. 9. Pamel in Tertul and all the rest of the Kings of Israel required no small aid and tribute from their Subjects for though Tertullian out of Deut. 23.17 reads it there shall not be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vectigal pendens a payer of tribute of the sons Israel yet Pamelius well observes it that these words are not in the original but are taken by him out of the septuagint which also saith not of the sons but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the daughters of Israel that is ex impudicitia lupanaribus for their dishonesty as it is said in the next verse that the hire of a whore and the price of a dog Deut. 23.18 Aug. de Civit. dei l. 10. c. 9. are an abomination unto the Lord and so S. Augustine useth the word Teletae for those unchaste sacrifices wherewith such women did oblige themselves and so doth Theodoret likewise but that the Jewes paid tribute it is manifest our of 1 Sam. 17.24 where this reward is promised to him that killed Goliah 1 Sam. 17.25 in vulgata editione 2. reg 11.28 that his father's house should be absque tributo free from all tribute in Israel therefore certainly they paid tribute and to make it yet more plain Solomon appointed Jeroboam super tributa universae domûs Joseph saith the vulgar latine over all the charge or burthen of the house of Joseph that is of the tribe of Ephraim and Manasses as our translation reads it Barrad to 2. l. 5. c. 21. p. 340. and he appointed Adoniram the Son of Abda over the tribute 1. Reg. 4.6 Yea though the Jewes were the people of God and thought themselves free and no wayes obliged to be taxed by foreign Princes that were Ethnicks yet after Pompey took their City Josephus l. 15. c. 18. they paid tribute to the Romans and our Saviour bids us nor onely to obey but also to render unto Caesar what is Caesar's that is not determining the quota pars how much as he doth the tenth unto the Priest but indefinitely some part of our goods for subsidies imposts aids loanes or call it by what name you will and rather then himself would omit this duty though he never wrought any other miracle about money yet herein when he had never a peny Barrad to 2. l. 10. c. 32. p. 317. he would create money in the mouth of a fish as S. Hierom and the interlin glosse do think and command the fish to pay tribute both for himself and his Apostle Therefore we should render unto Caesar what is Caesar's that is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which the Greekes take promiscuously though the Civilians distinguish them de solo fundo de bonis mobilibus de mercibus of our grounds of our goods of our merchandize we ought to pay subsidies aid and tribute unto our King and that not sparingly nor by way of benevolence as if it were in our power to do it or not to do it sed ex debito but as his due jure divino regulâ justitiae as his proper importance annexed unto his Crown for I take it infallibly true which Suarez saith Suarez de leg l. 5. c. 17. n. 3. fol. 316. Tribute due to the King acceptationem populi non esse conditionem necessariam tributi ex vi juris naturalis aut gentium neque ex jure communi quia obligatio pendendi tributum it à naturalis est principi per se orta ex ratione justitiae ut non possit quis excusari propter apparentem injustitiam vel nimium gravamen the consent of the people is not any necessary condition of tribute because the obligation of paying it is so natural springing out of the reason of justice that none can be excused for any apparent injustice or grievance and therefore the Parliaments that are the highest representations of any Kingdome do not contribute any right unto Kings to challenge tribute but do determine the quota pars and to further the more equal imposing and collecting of that which is due unto Kings by natural and original justice as a part of that proper inheritance which is annexed unto their Crownes And therefore our Saviour doth not say give unto Caesar but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the same word which S. Paul useth Matth. 22. Rom. 13. Latimer in Mat. 22.21 when he biddeth us to pay our debts and to owe nothing to any man saying 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pay to every man that which you owe and Father Latimer saith if we deny him tribute custome subsidie tallage taxes and the like aid and support we are no better then Theeves and steale the kings dues from him Navar. apud Suarez de legibus sol 300. fol. 311. because the Law testifieth tributa esse maximè naturalia praeâ—se ferre justitiam quia exiguntur de rebus propriis and Suarez saith penditur tributum ad sustentationen principis ad satisfaciendum naturali obligationi in dando stipendium justum laborauti in nostram utilitatem tribute is most naturall and just to be paid to the king for our own good therefore Christ pleading for the right of Caesar that was a Tyrant saith not give unto him quia petit because he demands it but pay unto him quae illius sunt the things that are his and are due unto him even as due as the hirelings wages which we are commanded not to detain for one night because this is a part of that reward and wages Deut. 24.15 which God alloweth him for all his pains and cares that he takes to see Justice administred in the time of Peace and to protect us from our enemies in the time of War which makes the life of kings to be but a kind of splendid misery wearing many times with Christ a Crown of Thornes a Crown full of cares while we lap our heads in beds of downe and therefore it is not only undutifulnesse to deny him or unthankefulnesse not to requite the great good that he doth unto us but it is also a great injustice especially if we consider that as Ocham saith Qui est dominus aliquarum personarum est Dominus rerum ad casdem personas spectantium omnia quae sunt in regno sunt regis quoud potestatem utendi eis pro bono communi Ocha tract 2. l. 2. c. 22. 25. to detain that right from him which God commands us to pay unto him and that indeed for our own good as Menenius Agrippa most wittily shewed unto the People of Rome when they murmured and mutined for these
taxes that whatsoever the stomach received either from the hand or mouth it was all for the benefit of the whole body so whatsoever the King receiveth from the People it is for the benefit of the people and it is like the waters that the Sea receiveth from the Rivers which is visibly seen passing into the Ocean but invisibly runneth through the veines of the earth into the Rivers again so doth all that the King receiveth from the People return some way or other unto the People again And there be six speciall reasons why or to what end we should pay these dues unto the King Six reasons for which we pay Tribute unto the king 1. For the Honour of his Majesty 2. For the security of his Person 3. For the protection of his Kingdome 4. For the succour of his confederates 5. For the securing of our 1. Goods 2. Estates 3. Lives 6. For the propagating of the Gospel and defence of our Religion But for the further clearing of this point you must know that every just and Lawfull tribute must have these three essential conditions that are proprietates constitutivae Three conditions of every lawfull Tribute 1. Legitima potestas that is the Kings power to require it 2. Justa causa an urgent necessity or need of it 3. Debita portio a due proportion according to the Kings necessities and the peoples abilities that he be not left in need nor the people over-charged For As the Subjects are thus bound to supply the necessities of their King so the King is not to over-charge his Subjects for the King should be the Shepheard of his People as David calls himself and Homer tearmeth all good Kings and not the devourer of his people Kings should not over-charge their Subjects as Achilles calleth Agamemnon for the unreasonable taxes that he laid upon them therefore good Kings have been very sparing in this point for Darius inquiring of the Governours of his Provinces whether the tributes imposed upon them were not too excessive and they answering that they thought them very moderate he commanded that they should raise but the one half thereof A worthy speech of Lewis 9. which had Rehoboam bin so wise to do he had not lost ten parts of his Kingdome and Lewis the ninth of France which they say was the first that raised a tax in that Kingdome directing his speech to his Son Philip and causing the words to be left in his Testament which is yet to be sound Registred in the chamber of accounts said be devout in the service of God have a pittifull heart towards the poore and comfort them with thy good deeds observe the good Lawes of thy Kingdome take no taxes nor benevolences of thy Subjects unlesse urgent necessity and evident commodity force thee to it and then upon a just cause and not usually if thou doest otherwise thou shalt not be accounted a king King James his golden apothegme Basilicon doron l. 2. p. 99. but a Tyrant and it is one of the gracious apothegmes of our late noble and never to be forgotten Soveraigne worthy to be written in in letters of gold where speaking to his son he saith inrich not your self with exactions from your Subjects but think the riches of your Subjects your best Treasures and Artaxerxes said it was a great deale more seemlier for the Majesty of a King to give then to take by polling to cloath then to uncloath which belongeth to Theeves not to Princes unlesse they will stain their names for as Apollonius saith that gold which is taken by Tyranny is far 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 monyes from their Subjects 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 defensionem and their Subjects quoad possessionem proprietatem as you may see where Joseph bought all the Land of the Egyptians for king Pharaoh Gen. 47.46 and then let it them againe in Fee-farme to give the King the fifth part of the fruit of it and as you may conclude it from the eighth Commandment 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 concerns not kings then have they but nine Commandments and therefore be wise O ye Kings and remember what Saint Augustine saith remotâ justitiâ quid sunt Regna nisi Latrocinia for though you may justly demand Tribute and Taxes yet you must have just occasions to use them and you must take but a just proportion or else they may come unjustly unto you But who shall be the Judges of the Kings just occasions in many kingdomes his conscience as the Roman Consuls imposed what taxes they thought meet upon the Provinces they subdued so Marcus Antonius being in Asia doubled their Tax and laid a second charge upon the People which was very unreasonable as Hebreas told him saying The saying of Hebreas to M. Antonius if thou wilt have power to lay upon us two taxes in one year thou must have also power to give us two summers and Autumns two Harvests and two Vintages and yet if our king do thus unreasonably tax us with more then we are able to beare we may reason with him as Hebreas did with Marke Antony refel his arguments Kings herein not to be resisted and repel his oppressions according to the course of Law but we may not in any case with the Sword make any resistance either actual or habitual 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 just and unjust Reason 2 2. Were it granted that the superior demanded without right yet the inferior not onely may rightly render it without offence unto his conscience but also ought to pay it without resistance unto the Magistrate for if the Jews were not free and the Romans had no right to demand Tribute of them yet by our Saviours question unto Saint 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 onely quâ Deus as Hesselius saith Hesselius in Matth. 18. Barrad to 2. l. 19. c. 32. but also as he was a man as Barradius more truely proveth yet lest he should offend them as he saith tributum solvit quia voluit he
hath given him 3. They have with Nadab and Abihu adventured to offer strange fire upon Gods Altar and with Vzza to lay their prophane hands upon Gods holy Arke they have rejected the Lawes that the King with the advice and consultation of all his learned Clergy hath made * Though now I reckon not this among their wickednesses and they themselves sit in Moses chaire and have undertaken to reforme the Church to make Lawes and compose Articles of our faith with the advice of a few factious men that were never esteemed otherwise then faex Cleri not woâ—â—hy to be the Curates of those worthy Divines whose feet they hurt in the stocks 〈…〉 the iron into their soules How they persecute the Bishops and the best of the Clergy 4. They have cast out all the Bâ—shops and all the faithfull Ministers of Christ out of all offices that might further the Gospell and administer justice unto the people they do rob them of their meâ—nes and count sacriledge to be no sin and in very deed they have persecuted the worthiest Clergy in many particulars far worse then ever Julian that wicked Apostata did the Lord of Heaven give us patience to indure it and suffer us not for feare of any villanie or calamity to be dejected and so fall away from his truth 5. They have called and continued an Assembly which the Pope would not do without the Emperours leave contrary to the Kings command which is a meere and mighty usurpation of the Regall right 6. They have seized upon the Kings Revenues Castles Forts Townes Ships and all that they could lay hand on and do in a hostile manner with all violence detaine them from him but what he gaines by his sword to this very day 7. They have fought against him shot at His sacred Person and sought most Barbarously to kill him under the colour to preserve him which is the finest piece of Logicke that ever was read 8. They have rayled at him slandered him and most apparently and falsly belyed him and laid to his charge the things which we his Majesties Subjects and Servants that attend Him do know that He neither did nor knew 9. They incouraged and countenanced their ignorant brazen-faced Chaplains most uncivilâ—y to rayle at Gods Anointed in the Pulpit and so they brought the abomination not of desolation but of most horrible transgression into the holy place and made Moses chaire the seat of railers 10. They taxe the Subjects at their pleasure and have raised infinite summes of money and no man but themselves knowes how they have disposed or what they have done therewith 11. They discharged Apprentices they send out their Warrants and their Edicts without and against the Kings authority which are but nugae and the minims of their doings 12. They averre that the King hath no negative voice in making Lawes but they may conclude them and make them obligatory without the Kings approbation or ratification and that they may do any thing conducible to the good of the Church and Common-wealth any Law Statute or provision made to the contrary notwithstanding What they say of their Covenants 13. They are not ashamed to teach as they do practice that it is lawfull for them to make Covenants Combinations and Confederacies of mutuall defence and offence against any person whatsoever whom themselves judge malignant not excepting the King himselfe and they say that it were better for them to renounce their Baptisme then to forsake their Covenant which they believe will be more advantageous to the Kingdome then all the Priviledges that are granted in Magna Charta or the Statutes that have been made ever since 14. They jeered at the Kings Proclamations trampled his Declarations under feet and incountred the same with rebellious Protestations To what they liken the kings pardons 15. They perswade the people to give no eare to any discourse of Accommodation or conclusion for any peace and say that the King is not to be trusted that he will performe no promise that he maketh either in his Proclamations or Declarations and therefore that the Kings Pardons may be likened to a buckler of glasse or a staffe of reede on which there is no trust no committing themselves to the defence of any such pardon So we may say with the Poet Nos juvat alma quies gens haec fera bella minatur Et quoties pacem poscimus arma crepat Whence they learned their Divinity 16. They teach the Doctrine of coercion dedignifying degrading and decapitating of Kings when they deeme them unworthy of that dignity and their arguments and reasons they collect and produce out of Dolman Bellarm. Suarez and the Magazine of the most rigid Jesuites 17. They have so barbarously and so irreverently and so prophanely abused our Service-Book that it would â—â—ath your eares to heare transcend modesty to tell you how they have dealt with it and they threatned that if the Ministers would read it they should never read book again 18. They do agree with the worst of Papists the Jesuites in a great many of the worst points of doctrine that they teach and yet being not well able to understand their tenets they hate Papists so much How contrary to Christs doctrine Matth. 13.29 they would root out all Papists that they would root them out of their very being they would destroy all the Irish that are Papists and drive all Papists out of England out of the world that the name of Papists should be no more in remembrance and contrary to all reason divinity and humanity they would force and compell every man to profess the Religion that they are of though some of them as their independents are far on the other side would have every man to have liberty to profess what Religion himselfe liketh best 19. They have most ingratefully and disloyally injured a most loving wife and their owne most gracious Queen for shewing Her love How they have wronged the Queen the Nobility Clergy Gentry and Commons of this Land and discharging Her duty to Her husband They have imprisoned and barbarously used some of the Nobility most of the Clergy and abundance of the Gentry and others of the best account of the common Subjects of this Kingdom they have plundered and robbed many thousands of men they have killed and murdered as many they have made our Cities dens of theeves our Churches prisons and all the Land Acheldama's fields of blood they multiplyed the number of Widowes Orphanes and Theeves without number throughout the Land and they filled the whole Kingdome with miseries lamentations and woes and they have done so many mischiefes as if I should set them all down would fill up another volume And 20. As if all this were not enough to fill up the measure of their iniquity they spared neither pains nor cost to call in the Scots to assist them How they laboured to call in the Scots to
it is most lamentable to consider how many thousands they have murdered 7. How they loosened the reins to all lust hoc fonte derivata clades in patriam populumque fluxit Horat. car l. 3. 8 How they are like Argivi fares 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ps 94.12 9. How they belyed all sorts of good men Quomodo Deus pater genuis filium veritatem nempe sic diabolus lapsus genuit quasi filium mendacium Aug. super Ioh. Habac. 2.9 Gildas de exci dio Britan. and how they are thought worthy of the greatest honour and the best reward that have killed most of God's faithfull servants and the King 's loyal Subjects 7. For adulteries Fornications and all Uncleannesse they may now freely do it lust may flow like the river whose bankes are broken down when they have overthrown those courts of Justice and were never at rest till they had most violently suppressed the power and execution of all Ecclesiastical censures that were the chiefest bars and hindrances of these unlawful lusts 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 stolne 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 thieves and are stronger in their wickednesse then the hils of the robbers and that which makes this sin most sinful is that it is established by a Law 9. They have justified the Cretans and proved themselves the right bastard sons 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 Anointed against the Church and against all the reverend governours of the Church all religious Protestants all the loyal Subjects of this Nation that the Angels do now blush and the Devils do laugh and rejoyce to see they are so fruitful in begetting so many Children so perfectly formed and so compleately perfected in their own image and likenesse and if ever the saying of Gildas was true they have proved it now Moris continui gentis erat sicut nunc est 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 evil covetousnesse 10. The extent of their covetousnesse when they coveted all evil unto themselves not onely their neighbours houses goods and lands and all that are theirs but also the patrimony of the Church the revenues of the Clergy and all the rights and prerogatives of the King to be entayled 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 Commandments of the Law How they transgressed the new commandment of the Gospel Gen. 4.9 so they come no wayes short in transgressing the new Commandment of the Gospel 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 possibly quick to hell let those Lâ—yal subjects that have been unexspectedly murdered and those 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 less charity from these holy Saints then could be expected from Jews Turkes and Pagans 23. Though every sin deserves the wrath of God How they have committed the 7 deadly sins Rom. 6.23 as the Apostle saith in general the reward of sin is death be it little or be it great yet because some sins do more provoke the wrath of God and do sooner produce this deadly fruit then other sins the Divines have observed seaven special sins which they terme the seaven deadly sins and these also you may finde committed in the highest degree by these factious Rebels For 1. Pride which is an high conceit of a mans own worth 1 Their Pride Quid juvat O homines tanto turgescere fastu Nam ut ait Comicus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 far beyond his just deserts and therefore believing himself to be inferiour to none scorns 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 unnatural war 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. Pride cannot subsist without meanes therefore covetousnesse must support it and I shewed you before how covetous these Rebels are not of any good 2. Their Covetousnesse Sacrilegia minuta puniuntur magna jam in triumphis feruntur Senec. ep 87. 3. Their luxury Certa quidem tantis causa est manifesta ruinit Luxuriae nimium libera facta via est Propert. eleg 11. l. 3. 4. Their envy 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 and lust must needs proceede from fulnesse and pride and I beleive it is not unknown 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 publickly seene in the day and seene to their shame if they could be ashamed of any thing 4. How envy hath possest their souls 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 themseves Priests or that any man should be rich and themselves not so wealthy therefore they will needs pull down what themselves cannot reach unto 5. If Epicurus were now living or Sardanapalus came to these mens feasts 5. Their Gluttony and drunkennesse they might think 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
Government or Monarchical State though it might sometimes happen to prove tyrannical is far more acceptable unto God as being his own prime and proper ordinance most agreeable unto nature and more profitable unto all men then either the Aristocratical or Popular Government either hath or possibly can be for as it is most true that praestat sub malo principe esse quà m sub nullo it is better to live under an ill Governour then where there is no Gove nment so praestat sub uno tyranno vivere quà m sub mille it is better to be under the command of one tyrant then of a thousand as we are now under these Rebels who being not faex Romuli the worst of the Nobilty but faex populi the dregs of the people indigent Mechanicks and their Wives captivated Citizens together with the rabble of seduced Sectaries have so disloyally incroached upon the rights of our King and so rebelliously usurped the same to the utter subversion both of Church and Kingdom if God himself who hath the hearts of all Kings in his hand and turneth the same wheresoever he pleaseth had not most graciously strengthned his Majesty with a most singular and heroick resolution assisted with perfect health from the beginning of their insurrection to this very day to the admiration of his enemies and the exceeding joy and comfort of his faithfull Subjects and with the best aide and furtherance of his chiefest Nobility of all his learned and religious Clergy his grave and honest Lawyers and the truly worthy Gentry of his whole Kingdom to withstand their most treacherous impious barbarous and I know not how to expresse the wickednesse of their most horrid attempts so thou hast before thee life and death fire and water good and evil And therefore I hope that this will move us which have our eyes open to behold the great blessings and the many almost miraculous deliverances and favours of God unto his Majesty and to consider the most horrible destruction that this war hath brought upon us to fear God and to honour our King to hate the Rebels and to love all loyal Subjects to do our uttermost endeavour to quench this devouring flame and to that end with hand and heart and with our fortunes and with the hazard of our lives which as our Saviour saith shall be saved if they be lost to assist his Majesty to subdue these Rebels Luk. 9.24 to reduce the Kingdom to its pristine government and the Church to her former dignity that so we may have through the mercy of God peace and plenty love and unity so we may have through the mercy of God peace and plenty love and unity faith and true religion and all other happinesse remaining with us to the comfort of our King and the glory of our God through Jesus Christ our Lord To whom with his Father and the Holy Spirit be all honour thanks prayse and dominion for ever and ever Amen Amen Jehovae liberatori FINIS Errata PAge â— lin 3.5 dele not p. 5. l. 50. for make r. made p. 9. l. 23. for hand r. had p. 27. l. 53. dele can p. 39. l. 25. r. right to be p. 51. l. 54. r. this day p. 54 l. 37. dele and p. 61. l. 21. r. that denyed repentance p. 62. l. â—â— r. the same hope p. 95. l. 18. for justice r. injustice p. 100. l. 49. for ye r. yet The Contents of the severall Chapters contained in the RIGHTS of KINGS CHAP. I. Sheweth who are the fittest to set down the Rights which God granted unto Kings what causeth men to rebell the parts considerable in S. Peter's words 1 Pet. 2.17 in fine How Kings honoured the Clergy the faire but most false pretences of the refractary Faction what they chiefly ayme at and their malice to Episcopacy and Royalty 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 kingdoms the best of the three Rights how Kings came to be elected and how contrary to the opinion of Master Selden Aristocracy and Democracy issued out of Monarchy Pag. 7 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 own Government the most universally received throughout the world the immediate and proper Ordinance of God c. Pag. 11 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 themseves under Artaxerxes Ahashuerus and under all their own Kings of Israel c. Pag. 17 CHAP. V. Sheweth how the Heathens honoured their Kings how Christ exhibited all due honour unto Heathen and wicked Kings how he carried himself before Pilate and how all the good Primitive Christians behaved themselves towards their Heathen Persecuting Emperours Pag. 23 CHAP. VI. Sheweth the two chiefest duties of all Christian Kings to whom the charge and preservation of Religion is committed three several 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. 27 CHAP. VII Sheweth the three things necessary for all Kings that would preserve true Religion how the King may attain to the knowledge of this that pertain to Religion by His Bishops and Chaplains and the calling of Synods c. Pag. 34 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 of their Bishops and Clergy and not of their Lay-Counsellors how our late Canons came to be annulled c. Pag. 40 CHAP. IX Sheweth a full answer to four speciall Objections that are made against the Civill jurisdictions of Ecclesiasticall persons their abilities to discharge these offices and desire to benefit the Common-wealth why some Councels inhibited these Offices unto Bishops c. Pag. 47 CHAP. X. Sheweth that it is the Kings right to grant Dispensations for Pluralities and Non-residency what Dispensations is reasons for it to tolerate divers Sects or sorts of Religions the foure speciall sorts of false Professors S. Augustines reasons for the toleration of the Jewes toleration of Papists and of Puritans and which of them deserve best to be tolerated among the Protestants and how any Sect is to be tolerated CHAP. XI Sheweth where the Protestants Papists and Puritans do place Soveraignty who first taught the deposing of Kings the Puritans tenet worse then the Jesuites Kings authority immediately from God the twofold royalty in a King the words of the Apostle vindicated from false glosses c. Pag. 64 CHAP. XII Sheweth the assistants of Kings in their Government to
whom the choice of inferiour Magistrates belongeth the power of the subordinate officers neither Peeres nor Parliament can have Supremacy the Sectaries chiefest argument out of Bracton answered our Lawes prove all Soveraignty to be in the King Pag. 70 § The two chiefest parts of the Regall Government the foure properties of a just war and how the Parliamentary Faction transgress in every property Pag. 74 CHAP. XIII Sheweth how the first Gouernment of Kings was arbitrary the places of Moses Deut. 17. and of Samuel 1 Sam. 8. discussed whether Ahab offended in desiring Naboths Vineyard and wherein why absolute power was granted unto Kings and how the diversities of Gouernment came up Pag. 78 § 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 Pag. 83 CHAP. XIV Sheweth the Kings grants unto His People to be of three sorts Which ought to be observed the Act of excluding the Bishops out of Parliament discussed the Kings Oath at His Coronation how it obligeth him and how Statutes have been procured and repealed Pag. 88 § Certain quaeries discussed but not resolved the end for which God ordained Kings the praise of a just rule Kings ought to be more just then all others in three respects and what should most especially move them to rule their people justly Pag. 92 CHAP. XV. Sheweth the honour due to the king 1. Feare 2. An high esteem of our king how highly the Heathens esteemed of their kings the Marriage of obedience and authority the Rebellion of the Nobility how haynous 3. Obedience foure-fold divers kindes of Monarchs and how an absolute Monarch may limit himselfe Pag. 98 CHAP. XVI Sheweth the answer to some objections against the obeying of our Soveraigne Magistrate all actions of three kindes how our consciences may be reformed of our passive obedience to the Magistrates and of the kings concessions how to be taken CHAP. XVII Sheweth how tribute is due to the king for six speciall reasons to be paid the condition of a lawfull tribute that we should not be niggards to assist the king that we should defend the Kings Person the wealth and pride of London the cause of all the miseries of this Kingdome and how we ought to pray for our king Pag. 116 CHAP. XVIII The persons that ought to honour the king and the recapitulation of 21 wickednesses of the Rebells and the faction of the pretended Parliament Pag. 121 CHAP. XIX Sheweth how the Rebellious faction have transgressed all the ten Commandments of the Law and the new Commandement of the Gospell how they have committed the seaven deadly sins and the foure crying sins and the three most destructive sins to the soul of man and how their Ordinances are made against all Lawes equity and conscience Pag. 213 CHAP. XX. Sheweth how the rebellious Faction forswore themselves what trust is to be given to them how we may recover our peace and prosperity how they have un-king'd the Lords Annointed and for whom they have exchanged him and the conclusion of the whole Pag. 127 PSAL. 39.5 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Verily every man living or in his best estate is altogether Vanity Sela. OUR Blessed Lord and Saviour saith the night cometh John 9.4 when no man can work therefore I must work the Works of him that sent me whilst it is day and S. Paul tels us the time will come when men will not endure sound Doctrine but after their own lusts they shall heap to themselves Teachers that is 2 Tim. 4.3 Teachers enough in every place and every time so the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth but what kind of Teachers shall they heap unto themselves the Apostle tels you they shall be teachers after their own lusts that is such Tub-teachers of the new Order as will study rather to satisfie their lusts and to preach what they please best than to edifie their soules And I believe all wise men see that time is now and not till now fully come therefore it behoves all the true Teachers to bestir themselves to work the works of him that sent them while it is day while they have any time and while there is any true Light yet remaining before the sad night and darksom clouds of Errours and Heresies be grown so far and to prevail so much against the Truth that you shall scarce find any place or person where or by whom the new lights may be confronted and the old Truth confirmed unto us So it behoveth me and it is my duty to employ my Talent to the uttermost of my power against these false Prophets of the Great Antichrist that is now come into the world and by these heaps of his Emissaries laboureth quite to overthrow the Church of Christ And as Clement recordeth that when Barnabas came to Rome to preach the Gospel of Christ and divers rejected it he briefly said In vestra potestate est vel recipere quae annuntiamus vel speruere It is in your choice either to receive what we teach or to reject it but we may not be silent and not speak quod vobis expedire novimus what we know to be expedient and necessary for you quia nobis si taceamus damnum est vobis quae dicimus si non recipiatis pernicies est Ciem Recog l. 1. p. 6. so say I. And therefore that you may be somthing and so happy I beseech you listen to these words that testifie that in your selves you are nothing but Vanity For verily every man And the nearest way to exchange this Vanity for Eternity and so to make us happy that are in misery is to know our own vanity and to understand our own misery For Knowledge saith Hugo Card. is the way to God and understanding saith the Prophet David Psal 49.12 20. is that which distinguisheth and differenceth man from beast for man though he be never so great in honour never so powerful in place and never so rich in wealth yet if he hath no understanding he is compared to the beasts that perish And the two chiefest parts which are like the Body and Soul of all the Knowledge that makes us happy are these two Precepts so much commended and so often urged unto us even by the Heathens themselves that yet notwithstanding were destitute of all true Knowledge that could make them happy because they knew rightly neither of those two things that they so much commended which were 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Know God 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Know thy self For John 17.3.1 to know God the only way to make us happy 1. Our Saviour tels us this is eternal Life to know God i.e. to know the Father to be the only true God and whom he hath sent Jesus Christ For the Heathens knew that God alone is the summum bonum and the only true
1. The Body which we tread upon Saccus stercorum saith S. Bernard a sack full of dust to say no worse and a Magazine of all Diseases Coughes Agues Feavers Gouts and what not and when these have satisfied and feasted themselves upon our bodies what are our bodies but a feast for Worms And the Soul though it be a pure Spirit as it proceeded from God yet as it is now 2. The Soul traduced from our Parents as many Divines think it is or as it is infused into our flesh as others do believe and remaineth in our bodies all the Faculties thereof are corrupted the Understanding is darkned with ignorance the Memory dulled with forgetfulness and the Will defiled with Misse-affections And so as Earth is good and Water is good yet being mingled together they do make a dirty Puddle and neither of them can be said to be then a pure Element so the body and soul of man though both were good in their Originals and good in their own kind yet now being both coupled together as Mezentius coupled the dead bodies to the living they are both marred and become so deformed by corrupting one another and associating themselves in their desires that now the eyes are the burning-glasses of Concupiscence and lusting after our neighbours Wives Lands and Goods the Tongue is a Razor of detraction to defame and slander our own Mothers Sons the Throat is an open Sepulchre the Hands Engines of violence to rob wound and kill the Heart a Mint of all Villanies the Feet swift to shed bloud and the whole man is become a Beast saith the Psalmist and a Devil Psal 74. John 6.70 saith our Saviour for one of you is a Devil And so you see that all the whole man if he be but meer man as he is begotten of flesh and bloud in his best is but vanity in his next inquity and in his worst consideration a meer misery and so miserable that being but meer man he hath little cause with the Philosopher to thank God that he was made a man when it had been better for him as out Saviour saith of Judas that he had never been made and never born Mark 14.21 And therefore if we labour not to become more than men that is to be like Bacchus That we should labour to become more than meer men bis genitus as the Poets faign of him to be born again of another Mother the spouse of Christ and so to become double men and to consist of the old man begotten of mortal Seed and of the new man that is begotten by the immortal Seed of Gods Spirit we shall never be happy and never otherwise than as I said vanity and misery for though the old man be never so Glorious and never so honourable the Off-spring of Kings and Princes and though outwardly it appears never so beautiful without blemish yet if the Inner man of the heart that is begotten by Gods Spirit be not found out 1 Cor. 3.3 the other is but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 flesh as the Apostle termeth it and flesh is an Epithere given to Beasts by the Prophet and that by way of disparagement too where he saith their horses are but flesh and which is viler Esa 31.3 all flesh is grass that soon withereth and rotteth and becometh the Dung of the earth 1 Cor. 15. and the Apostle saith that flesh and bloud shall not inherit the Kingdom of Heaven because that as I shewed you before flesh and bloud being but meer vanity which is the most opposite to Eternity they can inherit nothing but eternal misery 3 Point 3. As totus homo so omnis homo vanitas every man is vanity that is not only the Fool but also the wise man for there is no remembrance of the wise more than of the fool for ever but as the fool dieth so dieth the wise man therefore the wise man concluded Eccl. 2.15 16. that this also is vanity And so likewise the young man as well as the old man the rich as well as the poor and the strong as well as the weak the heroick Achilles as well as base Thersites may soon die and vanish away to nothing How all the world is round and all things in the world in a perpetual motion And to be brief you see how the gallant Courtier and the Royal Majesty are no more exempted from vanity than the poorest Clown and meanest Subject for as Eternity is said to be an intelligible sphaere whose Center is every where and his circumference no where but in it self as I shewed to you before out of Trismegistus so the form of the whole world is sphaerical and the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or little world which is man in state and condition is also sphaerical and round even as round as a hoop or rather indeed a meer circular-center without any circumference at all and as the primum mobile the first wheel of all the Sphaeres of this whole frame is ever in motion and by that motion we see that part which is now the highest within a dozen hours to become the lowermost so suddenly is the change of the highest things even so it is in all things than are under the Sun there is a perpetual motion and that motion changeth all things which made holy Job to say a Saying worthy to be remembred that although man is but of few dayes few indeed God knoweth and those few dayes are full of troubles and that we all know yet in those few dayes he cometh forth like a Flower that is by little and little and he is cut down that is in a moment he flieth also as a shadow that is very swiftly and never continueth in one stay but is still divolved from one condition to another For our blessed Lord God and loving Father Job 14.1 2. out of his wise Providence and secret love to man hath so tempered all the Accidents and the whole course of mans life with such proportion and equal counterpoyze of occurrents that ever and anon Joyes and Sorrows are mixt together good haps and sad tidings succeed one another as for example David as it were to day is a poor Shepherd The vicissitude of King Davids condition keeping his Fathers Flock and pulling away his sheep out of the Lions Claws and as it were to morrow he is magnified in the Court of Saul he is matched with the Kings Daughter and saluted for the Kings Son in Law and his epithalamium is Saul killed his thousands and David his ten thousands yet presently he fleeth as a banished man and he is prosecuted and persecuted as a Partridge is hunted upon the Mountains but within a while he is crowned King and reigneth in a short space over all Israel even from Dan to Beersheba and as a gallant Conqueror overcometh all his enemies round about him yet that Glory must not last long but his own not only
and to be honest without knowledge or to have knowledge without experience especially in such places of eminency and for the affaires of importance may be as dangerous when their want of skill may counsel to do matters of much hurt but when both are met together in one person that man is a fit Subject to do 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 God's Church then the grave advice and directions of such instruments as it appeareth by that memorable example of King Ioas left to be remembred by all Kings who whilst the wise and religious Priest Jehoiada assisted and directed him had all things successefull and happy to his whole Kingdome 2 Reg. 12.2 but after Jehoiada's death the King destitute of such a Chaplain to attend and such a Priest to counsel him all things came speedily to great ruine Therefore I dare boldly avouch it they are enemies unto Kings and the underminers of God's Church and such instruments as I am not able to express their wickedness that would exclude such Jehoiada's from the Kings counsel 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 ask counsel of Micaiah though he rejected the same to his own 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 always the Priests and the men of God to be their Counsellors and followed their directions especially in Church causes Mar. 6.20 as the oracles of God so wicked Herod disdained not to hear John the Baptist and to be reformed by him in many things and happy had he been had he done it in all things And if you read Eusebius which is called Pamphilus for the great love he bare to that his noble Patron and Socrates and the rest of the Ecclesiastical Historians or the Histories of our own I and 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 affairs How then hath the Devil 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 evil if they do but talk togethe How hath he bewitched the Nobility to yield to be deprived of their Chaplains Is it not to keep them that have not time to study and to finde 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 To call Synods to discuss and conclude the harder things 2. When the King seeth cause God hath given him power and authority to call Synods and Councils 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 Council of Nice to suppress the Heresie of Arius Theodosius called the Council of Ephesus in the case of Nestorius Valentinian and Martian called the Council of Calcedon against Eutyches Justinian called the Council 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 goverment 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 helps that God hath left unto Kings The unparallel'd presumption of the Faction to call a Synod without the king to assist and direct them in the chiefest part of their royal government how presumptuous then and injurious unto our King and prejudicial 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 pack of Schismatical 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 Devil shall have the power to prompt worldlings to nominate his prime Chaplains Socinians Brownists Anabaptists and the refuse of all the refractory Clergy The quality of the Synodical men that seem 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 Kingdom 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 boldness in any Clergy that the like cannot be found in any Ecclesiastical History from the first birth of Christ's Church to this very day unless our Sectaries can produce it from some of the Vtopian Kingdoms that are so far South ward In terra incognita beyond the Torrid Zone that we whose zeal is not so fiery but are of the colder spirits could not yet perfectly learn the true method of their Anarchical government or if our Lawyers can shew us the like president that ever Parliament called a Synod contrary to the King's Proclamation I shall rest beholding to them produce it if they can Credat Judaeus appella non ego The third thing requisite to a King for the preservation of true religion 3. An authority and power to guide the Church and to uphold the true religion and the government of God's Church 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 and so well furnished with knowledge to set down what Service and Ceremonies should be used yet if he hath not power and ability which do arise from his right and just authority to do it and to put the same in execution all the rest are but fruitless embryoes like those potentials that are never reduced into actions Ps 129.6 or like the grass 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 Ecclesiastical causes and over all Ecclesiastical persons we