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A86304 The stumbling-block of disobedience and rebellion, cunningly laid by Calvin in the subjects way, discovered, censured, and removed. By P.H. Heylyn, Peter, 1600-1662. 1658 (1658) Wing H1736; Thomason E935_3; ESTC R202415 168,239 316

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there be a body of Laws in use amongst them partly made up of some old Gothish Laws and Constitutions and partly of some parts of the Law imperial yet for the explanation of the Laws in force if any doubt arise about them or for supplying such defects which in the best colllection of the Laws may occur sometimes the Magistrates and Judges are to have recourse to the King alone and to conform to such instructions as he gives them in it And this is it which was ordained by Alfonso the tenth qui etiam magistratus ac judices Principem adire jussit quoties patrio jure nihil de proposita causa scriptum esset p Bodin de Rep. lib. 1. cap. 8. as Bodinus hath it 'T is true that for the raising of supplies of mony and the imposing of extraordinary taxes upon the subject the Kings of Spain must be beholden to the three Estates without whose consent it cannot legally be done But then it is as true withall that there are customary tributes called Servitia q Id. ibid. p. 90. which the King raiseth of his own authority without such consent And their consenting to the extraordinary is a thing of course the Spanish Nation being so well affected naturally to the power and greatness of their Kings whom they desire to make considerable if not formidable in the opinion of their Neighbours that the Kings seldome fail of monies if the Subjects have it Finally that we may perceive how absolute this Monarch is over all the Courts or Curias of his whole dominions take this along according as it stands verbatim ſ Spanish hist 67. by Tyrannell in the Spanish Historie The King of Spain as he is a potent Prince and Lord of many Countries so hath he many Counsels for the managing of their affairs distinctly and apart without any confusion every Counsel treating only of those matters which concern their Jurisdiction and charges with which Counsels and with the Presidents thereof being men of chief note the King doth usually confer touching matters belonging to the good Government preservation and increase of his Estates and having heard every mans opinion he commands that to be executed which he holds most fit and convenient .. 6. Next let us take a view of Scotland and we shall find it there no otherwise I mean in reference to the point which is now in question than in France or Spain For besides that Bodinus makes it one of those absolute Monarchies ubi Reges sine controversia omnia jura Majestatis habent per sese t Bodin de Repub. l. 2. c. 7. in which the Kings have clearly all the rights of Majesty inherent in their own persons only it is declared in the Records of that very Kingdome that the King is directus totius dominus u Camden n Britan. deicript ● the Soveraign Lord of the whole State and hath all authority and jurisdiction over all estates and degrees aswel Ecclesiastical as lay or temporal And as for those Estates and Degrees convened in Parliament we may conjecture at their power by that which is delivered of the form or order which they held it in which is briefly this x Form of holding the Parl. in Scotl. Assoon as the Kings writ is issued out for summoning the Estates to meet in Parliament he maketh choyse of eight of the Spiritual Lords such on whose wisdom and integrity he may most rely which eight do choose as many of the Temporal Lords and they together nominate eight more out of the Commissioners for the Counties and as many out of the Commissioners for the Towns or Burroughs These 32 thus chosen are called Domini pro Articulis Lords of the Articles and they together with the Chancellor Treasurer Keeper of the Privy Seal and Principal Secretaries of state and the Master of the Rolls whom they call Clerk Register do admit or reject every bill but not before they have been shewn unto the King if they pass there they are presented afterwards to the whole Assembly where being thorowly weighed and examined put unto the votes of the house such of them as are carried by the major part of the Voices for the Lords and Commons sit together in the same house there are on the last day of the Sessions exhibited to the King who by touching them with his Scepter pronounceth that he either ratifieth and approveth them or that he doth disable them and make them void But if the business be disliked by the Lords of the Articles it proceeds no further and never comes unto the consideration of the Parliament or if the King dislikes of any thing in it when they shew it to him it either is razed out or mended before it be presented to the publick view King James of blessed memory who very well understood his own power and the forms of that Parliament describes it much to the same purpose in his Speech made at Whitehall March 31. Anno 1607. About twenty daies saith he before the Parliament Proclamation is made throughout the Kingdom to deliver unto the Kings Clerk of Register all Bils to be exhibited that Session before a certain day Then are they brought unto the King and perused and considered by him and only such as he alloweth of are put into the Chancellors hands to be propounded to the Parliament and none others And if any other man in Parliament speak of any other matter than is in this sort first allowed by the King the Chancellor telleth him that the King hath allowed of no such Bill Besides when they have passed them for Laws they are presented to the King and he with his Scepter put into his hands by the Chancellor must say I ratifie and approve all things done in this present Parliament And if there be any thing that he disliketh it is razed out before So the eldest Parliament-man as he said himself at that time in Scotland This was the form of holding Parliaments in Scotland which whosoever doth consider with a serious eye may perceive most plainly that it is wholly in the Kings power to frame the Parliament to his own will or at the least to hinder it from doing any thing to the prejudice of his Royal Crown and Dignity in that the nominating of the Lords of the Articles did in a manner totally depend on him Which being observed by the Scots they took the opportunity when they were in Arms to pass an Act during the Presidency of the Lord Burley Anno 1640. y Acts of Parliaments 16 Carol. for the abolition of this Order and for reducing of that Parliament to the forms of England as being thought more advantagious to their purposes than the former was So that the violent disloyalty of the Scotish Subjects their Insurrections against their Kings and murdering them sometimes when their heels were up which makes that Nation so ill spoke of in the Stories of Christendom are not to
Mother and Grand mother 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 g Id. ibid. And this saith Plutarch was the first time that ever the Ephori put a King to death And so perhaps it was the first but the last it was not For Archidamus the Brother of Agis being recalled from banishment by Cleomenes to the end he might enjoy the Kingom which did by right belong unto him was preseutly seised on by the murderers and dispatched in private for fear he should revenge the death of his slaughtered Brother h Id. ibid. By which it is most evident without further proof that the Spartan Aristocratie was become a tyrannie and of all Tyrannies the most insupportable because meerlie popular Or if more proof should be desired both Aristotle and his his Master Plato will not stick to say it though they both died before these two last Tragedies were acted on the stage of Sparta For Plato being to declare what he conceived of the Government of that Common-wealth resolves that it did 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i Plato de legibus l. 4. approach more neer to tyrannie then to any other form what ever the power and empire of the Ephori being 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 plainly tyrannical and no otherwise And Aristotle who had studied the condition of that State exactly though at the first he seemed to think that it was very well compounded of the three good forms yet upon full debate thereof he concludes at last 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 k Aristot Poli● l. 2. c. 4. that the dominion of the Ephori was an absolute Tyrannie Assuredly had they lived to have seen that day wherein the Ephori embrued their hands in the bloud of their Princes under pretence of safetie to the Common-wealth they would have voted it to have been a tyrannie in the highest degree and then the most unsufferable Tyrants that ever wretched State groaned under For though the Kings of Sparta were so lessened by Lycurgus laws that little more was left unto them then the name and title yet they were Kings and held so sacred by their neighbors even their very Enemies that none d●d ever offer to lay hands upon them in the heat and furie of their fights 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 l Plutarch in Agis Cleom. out of the reverence they did bear to those beams of Majestie which most apparently shined in them 10 The Ephori being grown to this height of Tyrannie were the more readie for their fall which followed not long after that most barbarous fact upon the persons of their Princes The Kings had long since stomached them and their high proceedings bearing 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 m Id. in Agesil a kinde of heritable grudge betwixt them as my Author calls it ever since they took upon them to control their Masters but either wanted opportunitie or spirit to attempt any thing to their prejudice and therefore thought it safer to procure their favours then run themselves upon a hazardous experiment Pausanias the 20. of the Elder House was the first that ever did attempt either by force or practise to subvert the Office the insolencies of the which were then grown so great that being a stout and active Prince he was not able to endure them That he had entertained such thoughts is affirmed by Aristotle where he informs us that Lysander had a purpose to take away the Kingly Government or rather to acquire it to himself as we finde in Plutarch n Id. in Lysandro 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and that Pausanias had the like to destroy the Ephorate o Aristot Polit. lib. 5. c. 1. But what he failed to bring about his Successors did at last accomplish Of which Cleombrotus and Agis joyning their hands and heads together did proceed so far that going into the Market place well attended by their friends and followers they plucked the Ephori from their seats and substituted others in their rooms p Plutarch in Agis Cleom. whom they conceived would be more pliant to their present enterprises which was the first actual attempt that ever had been made against them by the Kings of Sparta But evulgato imperii Arcano when so great a mysterie of State was once discovered that the Ephori were but mortal men and might as easily be displaced and deposed as any of the other Magistrates Leonidas immediately upon his restitution to the Kingdom made the like removal and displaced those who had took part against him with the former Kings q Id. ibid. So that the ice being broken and the way made open Cleomenes son unto Leonidas had the fairer way to abrogate the Office utterly which at last he did For being a brave and gallant Prince and seeing that the project he was bent upon for the reduction of the Common-wealth to its primitive honour could not be brought about but by their destruction he fell upon them with his Souldiers as they sate sate at supper and killed four of them in the place the fift escaping shrewdly hurt to the neerest Sanctuarie r Id ibid. That done he went into the Market place and overthrew all the Chairs of the Ephori saving only one which he reserved for himself as his Chair of State and sitting in the same in the sight of the people gave them an accompt of his proceedings and the reasons which induced him to it Declaring how the Ephori were at first appointed by the Kings themselves that for long time they governed only 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the Kings Ministers and no otherwise thatt many years after this Asteropus one of the Ephori building upon a new foundation and being the first Author of that dangerous change they took the Government unto themselves and exercised the same in their own names only that though they had usurped a power which belonged not to them yet had they managed it discreetly they might perhaps have held it longer and with better liking but that licentiously abusing the authoritie which they had usurped by suppressing the lawful Governors ordained of old by taking upon them to banish some of the Citizens and to put some to death without law and justice and finally by threatning those who were desirous to restore the Government to its antient form they were no longer to be suffered that for his part he should have thought himself the happiest King that ever was if possibly he could have cured his Countrey of that foul affection without grief or sorrow but being it was not to be done that way he thought it better that some few should be put to death then the whole Common-wealth run on to a swift destruction This said he presently dissolved the Assembly and seriously betook himself to the Reformation which formerly he had projected and in short time reduced the people to the antient Discipline the state and reputation of the Common-wealth to its antient height 11 Thus have we made a brief discoverie
assured the people 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 z Id. ibid. that he would humble the Nobility and bring down their pride and 't was no reason that such a man as he should be disappointed and not be master of his word Martius being banished at the last their next bout was with Appius Claudius a constant and professed enemy of the popular faction one who had openly took part against them in behalf of Martius and after seeing them apprehend some Gentlemen who opposed their insolencies had openly denied jus esse Tribuno in quenquam nisi in plebeium a Livie l. 2. that they could exercise their power on any but the Commons only Him therefore they accused of Treason or at least sedition in that he had intrenched upon their authority which was made sacred by the Lawes and doubtlesse had condemned him to some shameful punishment had he not died before his triall Which victory on Martius and the death of Appius did so discourage the Nobility and puffe up the Tribunes that from this time forwards as the Historian doth observe the Tribunes cited whom they listed to answer for themselves before the people and to submit their lives to their finall sentence which as it did increase the power of the popular faction in the depressing of the Nobles and weakning the authority of the Senate so did it open them a way to aim at and attain to all those dignities in the Common wealth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 b Dionys Halicarn l. 7. which were most honourable in themselves and had formerly belonged to the Patricians and to none but them And yet the Senate and Nobility did not so give over but that sometimes they put them in remembrance of their first conditions and challenged them of breaking all those bonds and Covenants which were so solemnly agreed on and accepted by them at the first erection of their Office For this did Fabius presse upon them when they went about to make some Law for the restraint and regulating of the power of the Consuls viz. that their authority was given them ad auxilium singulorum for the relief of such particulars as did want their help not for the ruine of the publick and that they should do well to bethink themselves c Livie l. 3. Tribunos plebis se creatos non hostes Patribus that they were chosen Tribunes to protect the people not enemies to oppresse the Senate And the expostulation of the Senate was both just and necessary when they demanded of the Tribunes on the same occasion 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 d Dionys Halicarn l. 10. who gave them power to introduce new Lawes and subvert the old and told them in plain terms they had broke their Covenants and that they were not made upon such conditions as to do all things that they listed nor to do any thing at all but only to protect the poor and preserve the Commons from oppression Which put together makes it a most evident truth that in the creation of the Tribunes there was nothing lesse intended then to curb the Senate or to set up a power to oppose the Consuls as vainly and seditiously is supposed by CALVIN though true it is they did abuse their power with the Common people and the authority of their office to suppresse them both 5. And this they were resolved to do although they had no other way to effect the same then by raising seditions in the State and putting the people into Arms upon all occasions at which they were so perfect and so constant in it that seldome the whole year went round without some tumult or sedition of their setting forward as will appear to any one who is versed in Livie If they held quiet for one year as they seldom did till they had brought the City under their obedience they broke out in the next that followed with the greater violence and when the course of the distemper was so intermitted that it held not alwaies a Quotidian it proved a Tertian Feaver or at most a Quartan and therefore like to tarry longer with the afflicted Patient How many seditions did they raise about the law Agaria of which Livie tels us that it was never moved e H●st Rom. l. 2. sine maximis motibus without great tumults and dissensions How many tumults did they raise to oppose the Consuls when they had any wars in hand and were to press the Souldier to pursue those wars How often finde we in that Author Tribunitium bellum domi territare patres f Id. lib. 3. that when the Fathers had no wars abroad they found a Tribunitian war at home which did more affright them how often finde we them complaining non ultra ferri posse Tribunitios furores g Id. lib. 4. that the insolencies of the Tribunes were no longer sufferable and that they could not look to be without continual alarms and renewed distractions whilest the seditions and the authors of them did succeed so prosperously Nay they were so accustomed to it that having had some intermission and that no otherwise obtained but by yeelding all things to the people which they had a minde to Livie takes notice of it as a thing observable permultos annos esse h Id. lib. 10. that many years had intervened since the Patricians and the Tribunes had their last contention And all this while they managed their seditions by the tongues end only seldom proceeding unto blowes and much lesse to bloud But when the two Gracchi came in play and attained the Office they fell from words to blowes and from blowes to murther Tiberius one of the two Brothers and many of his friends and followers being tumultuously slain in the Common Forum as he was acting the part of a busie and seditious Tribune whom Caius the other of the two not long after followed both in life and death And this saith the Historian initium in urbe Roma Civilis sanguinis gladiorumque impunitatis fuit i Velleius Patercul hist was the first time that the sword was suffered to range at liberty in the streets of Rome and to be discoloured with the bloud of the Citizens their differences before that day though not often afterwards being determined by parlies but not by bloudshed Which being put together and considered seriously it will appear to be no Paradox which we finde in Florus where he affirmeth Seditionum omnium causas Tribunitiam potestatem excitasse k Florus histor Rom. l. 3. that the Tribunitian power was the source and fountain of all those seditions wherewith the quiet of the State had been disturbed Nor was it said by Quintius without very good reason that the authority of the Tribunes in seditione ad seditiones nata was born in a sedition and to raise seditions * Cicero de Legibus l. 3. that it was pestifera potestas a pestilent pernicious office and that Pompey did exceeding ill