to make this yet more 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 3 That neither Peers nor Parliament are co-ordinate with the King these do abuse every author 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 from whence they prove Omnâ—sque Philosoph jâ—riâ—consalti ponunt summum in eo rerum genere quod dicâ—di non possit Lâ—ctanâ— l. 1. c. 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Maâ—c 3. 24 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 and to shew that the Soveraignty The Case of our Affaires p. 19. 20. The Lawes of our Land acknowledge all Soveraignty in the King 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 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 and give any part They deserve not to live in the Kingdom that diminish the supremacy of the King 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 where he disputeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arist Metaph. lib. 1. Statius Thebaid lib. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and so doth Plato and all the wise Philosophers that followed after because as the Poâ—t saith Summo dulcius unum Stare loco sociâ—sque 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. HAving spoken of those assistants that should further and not hinder 4 The chiefest parts of the Regal government which are two Exod. 2. 14. the King in the Common-wealth it resteth that I should now speak of the chiefest parts of this goâ—ernment 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 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 1 Sam. 8. 20. 2 Sam. 5. 2.
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. Pâ—rkins 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 until of late with much labour ten pounds yearly for a Dr. Gardiner in his Scourge of Sacriledge 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 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 donec restituatur August ad Maced Epist 54. 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 and Moses gave commandment and caused Exod. 36. 5 6 7. 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 as you may see it in the books of Ezra and of Neh 7. 70. c. 10. 33. 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. instituted Vt eâ—clesias praedia ac fundos fidelibus oblatos Platin. in Vrban â—piscopus recipereâ— partireturque proventus clericis omnibus viritim
abusing this very Axiome hath stollen away the hearts of many of his fathers subjâ—cts for as Lipsius saith Proprium est aegri nihil diu pati It is incident to How easie it is to perswade the people to rebell sick men and so to distempered minds to indure nothing long but follishly to 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 But you will say the whole Parliament cannot be thought to be thus envious Repl. against the Officers of State or thus carelesse of the common good as for any sinister end to destroy the happinesse of the whole I answer that Parliaments are not alwayes guided by an unerring spirit Sol. but as Generall Councels so whole Parliaments have been repealed and declared null by succeeding Parliaments as 21. Rich. 2. c. 12. all the Statutes How a Faction many times prevaileth to sway whole Councels and Parliaments 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 Besides all this I conceive the Original of Parliaments was as it is expressed The original of Parliaments why they were at first ordained 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 See Jo. Bodin de repub l. 1. c. 8. pag 95 in English and the place is wâ—rth the noting they have no power to command their King 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 and you were chosen The letter sent from a Gentleman to his friend 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 That men intrusted should not go beyond their trust no reason that any subject in the world should any wayes approve of their actions For how can your priviledge of being Parliament men 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 you know the King must needs be reputed part of every Parliament The King must needs be a 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 so The power of dissolving the Parliament greater then the power of denying any thing 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 yet take heed lest you imagine such a mischievous Psal 21. 11. device which you are not able to perform for the involving of well-meaning men into your bad businesses as Jehosaphat was mis led to war against 1 Reg. 22. 20. 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 Army will be a rock of defence unto his annointed because it is well known to all the world that whatsoever this good King hath suffered at the hands For what causes the King suffereth 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 And therefore if you that are his Parliament should like unthankeful vapours What a shame it is to use the power we have received against him that gave it us 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 posterities 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 who saith That the King were freed before God and That it is lawful to recall a power given when it is abused 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 wiâ—l 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 So journers 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 Liturgi 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 Scriptur is ut credant adversus Scripturas do alledge Scriptures to justifie their own wilful opinions Testimonies of famous men 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 ann 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 sorth 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 whaâ— new Lawes our young Lawyers have found since I know not I am noâ— so good a Lawyer The Civil Lawyers do farre surpasse the Common Law herein for Corsetus Corsetus Sic. tract de potestat reg part 5. num 66. Sâ—ulus saith Rex in suo regno potest omnia imò de plenitudine potestatis And Marginista saith Qui disputat de potestate Principis utrum benè feâ—erit est infamis Hostiensis saith Princeps solutus est legibus id est quoad vim coactivam non quoad vim directivam Thom. 1. 2ae q. 96. ar 5.
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 No Act 3. Reason p. 7. 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 they were to recollect and make up the furtherances that might help 2. The furtherances of their Design were five 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 digni 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 with far greater probabilities than a 1 The indeering of themselves unto the Scots Our Sectâ—â—ies the inviters of the Scots to England 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
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 and accordingly indeavoured 6. Wrong by Mâ—ssages 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 Lâ—yal 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 as if they had shaken 7. Wrong 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 luâ—k 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 thâ— 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 Why the two Spencers died have banished and upon their returns they were hanged both the Spencers the Father and the Son for the like presumption as among other Articles for denying this Prerogative unto their King and affirming Per aspertevid Ebsmere postnaâ—i p. 99. 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 iâ— 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 from the Practise of all former Parliaments that seeing the three Pag. 48. 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 raâ—ify 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. Hen. 7. 23. per Davers Polydore 185. Cowel inter verbo Praerog Sir Pag. 19 20 21. 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 then certainly as The Letter to a Gentleman in Gloucestershire p. 3. 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 Lamberts Archeion 271. Vid. the Viewer p. 21. lose their labour 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 1. The King 2. The House of Peers Which be the three States of England 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 as I remember and I am sure you may find it Speed l 9. c. 19. p. 712. Anno. 1 Ric. 3. 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 3. The Commons that are elected in the behalf of the Conntrey Cities and Butroughs and what these three States consult and conclude upon for the good of the Church and Kingdom the King as the head of all was either to apprâ—ve or reject what he pleased And Joh. Beda advocate in the Court of Parliament of Paris saith p. 42. De jure Regum The Church is within the State made a part of the same and is subject to the Soveraign of the whole Territory being in France and England one of the three estates of the Kingdom whereof the King is head and superior aswel of the Clergy
as of the Laity And in the Act against leising makers being an old Statute of Scotland the Kings Counsel are said to be sworn in the presence of his Majesty and his three Estates and again it is repeated that the King and his three Estates do renew all Acts against leising-makers And though we find with some difficulty as the viewer of the Observations saith where the Parliament is said to be a Body consisting of King Lords and Commons ergo without the King there is no Parliament yet herein the King is not said to be one of the three States but the first and most principal part that constitutes the body of the Parliament But John Bodin that had very exactly learned the nature of our Parliament Pag 20. 25. H. 8. 21. both by his reading and conferring with our English Embassadour as himself confesseth saith The States of England are never otherwise assembled no more then they are in the Realms of France and Spain then by Parliament Writs and the states proceed not but by way of supplications and requests unto the King and the States have Bodin de repub l. 1. c. 8. no power of themselves to determine or decree any thing seeing they cannot so much as assemble themselves nor being assembled depart without express commandment from the King In all this and for all the search that I have made I find not the King named to be one but rather by the consequence of the discourse to be none of the three but as I said the head of all the three States for either the words of Bodin must be understood of two States in all the three Kingdoms which then had been more properly termed as we call them either the two House or the Lords and Commons or else they must be very absuâ—d because the three States if the King be one of them can not be said to be called by Parliament-Writs when as the King is called by no writ nor can he be said to supplicate unto himself or to have no power to depart without leave that is of himself Therefore it must needs follow that this learned man who would speak neither absurdly nor improperly meant by the three States 1. The Lords Spiritual 2. The Lords Temporal 3. The Commons of the Kingdom And the King as head of all calling them consulting concluding with them and dismissing them when he pleased And William Martyn saith King Henry the 1. at the same time 1114. devised and ordained the manner and fashion of a Court in Parliament appointing it to consist of the three States of which himself was the head so that his Laws being made by the consent of all were not disliked of any these are his words And I am informed by good Lawyers that you may find it in the preambles of many of our Statutes and in the body of Sâ—ch is the difference betwixt Queen Elizabeth's time and our Times Anno octavo Elizabethae c. 1. some other Statutes and in some Petitions especially one presented to Queen Elizabeth for the inlargement of one that was committed for a motion that he made for excluding the Bishops out of the House of Peers the three States are thus particularized and the Lords Spiritual are nominated the first of the three and are termed one of the greatest States of this Realm And this I conceive to be the right constitution of a Parliament Therefore now to cast off one of the three States and to cut off the head of all three by making the King but one of them that so both the King and the two Houses might be only co-ordinate when as indeed they are as in some respect concurrent so also subordinate unto Him as to their Head is such a change and alteration as would quite overthrow the fundamental constitution of the Government of this Kingdom and make our King if these men might have their will to have no more power than the Duke of Venice And to that end this Faction have by themselves and their Pamphleters The false grounds of the original of our Kings The Disclaimer p. 17 18 19. laid down such false grounds of the Orignal of our Kings as are exceeding derogatory to the Crown of England as that they are Kings by paction and covenant with their people which at first chose them and intrusted them with their Government and for the preservation of their Laws against the incroachments of the King and the making of new Laws as occasions required ordained the great Council which they call Parliament and which should have full power to restrain the King if he did abuse his Power and therefore the people may withdraw their trust when the Kings neglect their duty and nullify their faith unto their Subjects for Post morâ—em Maxâ—mi Constans postulaâ—us à Britannis But not a word in all the story that any one of the British Kings was electuâ— Anonymus MS. in Bibl. Oxon. qui scripsit Hist omnium regum qui regnaverunt in Anglia whosoever is indifferently read in Histories and the Chronicles of our Kingdom may easily find how falsly and maliciously they would make this free Monarchy to have been elective and to be a conditional Government because England France and Spain were parts and parcels of the Roman Empire and when the Emperours by reason of their intestine broyls at home could not look into the parts abroad the right Heir unto the Crown of Brittain assumed unto himself all the Royalty and power that the Emperour had over us and succeeded him not by any pact or Covenant with the people though not as then for some reasons without the request of the people but by that right which God and nature allowed unto Kings and was due either to the Roman Emperour or to any other absolute Monarch of any Nation as the old Chronicles of those times and the regaining of the Crown by Vortigern after that the people had Rebelliously rejected him and received but not elected his son Vortimer in his place do most sufficiently clear the case And therefore what Soveraign-Power soever is due to any absolute Monarch and what obedience soever Saint Paul affirmeth to be due to the Roman Emperours that then ruled over us or Saint Peter commandeth to be given to other Kings the same is in all things due to our Kings ever since Aurelius Ambrosius that succeded Vortigern or if you will not ascend so high yet without all contradiction ever since William the Conquerour whom you cannot say was elected nor any other that succeeded him and therefore cannot be debarred or denied any of those Prerogatives and Soveraignties that belong unto the most absolute Monarch save only in those things which of their special grace and favour they granted unto their Subjects and bound themselves at their Coronation to perform those promises of Priviledge and freedom which they made unto them Pag 17 18 19 20. and that distinction of the disclaimer
Edward the first Si disputatio oriatur justiciarii non possunt cam interpretari sed in dubiis obscuris Domini regis erit expectanda interpretatio voluntas câ—m ejus sit interpretari Citatur à Domino Elism in post-nati p. 108. cujus est condere If any Dispute doth arise the Judges cannot 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 like 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 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 can make any binding Law when the Peers dissent nor â— Cook in the Preface of the Stat. of Westminster the second Lamberts Archeion 271. 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 â—us populâ— 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 being an absolute Monarch in his own Cassan in catal 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. Kingdom as â—assaneus saith and no man can deny it the Legislâ—tive 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 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 broughâ— great commendation to his judgment Sir Rich. Bakâ—r in viâ—a 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
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 Parâ—iament 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 Ingeniosus ad blasphemiâ—â— from our dangers but the Divinity of a Parliament out of our own happiness to become more miserable then heretofore this Kingdom hath ever been by any Civil War for if you will consider the Treasons and Rebellions the Injustice Cruelty and Inhumanity the Subtilty Hypocrisie Lying Swearing Blasphemy Prophaneness and Sacriledge in the highest pitch and many other the like fearful sins that have been committed since the beginning of this Parliament by the sole means of this Faction and observe the ill Acts that have been used by them to compass things lawful the wicked Acts that have been daily practised to pâ—ocure things unlawful when by blood and rapine and the curses of many Fatherless and Widdows they have gotten the Treasure of the Kingdom and the Wealth of the Kings loyal Subjects into their hands and wasted it so that their wants are still as notorious as their crimes we may admire the miracles of Gods mercy and the bottomless depth of his goodness that the stones in the streets have not risen against them or the fire from Heaven had not consumed these Rebels that thus far and thus insolently had tempted Gods patience and provoked him to anger with such horrible abominations 5. As Jerusalem justified Samaria so this Faction hath justified all the 5. Mischief Romanists and shewed themselves worse Christians less Subjects and viler Traytors than all the Papists are for these factious Rebels justify their Rebellion and to the indelible shame of their Profession they maintain that it is not only lawful but that it is their duty to bear Arms and to wage War against their King when the King doth abuse his Power whereas the Doctrine of the Church of Rome * Christoâ—herson tract contr rebell Rhemist in Nov. Test p. â—01 Goldastus de Monarchia S. Imp. Rom. tom 3. Dr. Kellison in his Survey Aquin. de Regim Princip â— 6. Concil Constan Sess â—5 Stephan Cantuar anno 8. H. 3. Tolet. in summa l 5. c 6. Gr. Valentia p. 2. q 64. Bellar. Apol. c. 13. Lessius l. â— c. 9. Serrarius Azorius c. utterly denieth the same and concludes them no Children of the Church that do it and Doctor Kellison giveth this reason for it because Faith is not necessarily required to Jurisdiction or Government neither is Authority lost by the loss of Faith therefore it is not lawful for any Subjects to Rebel against their King though their King should prove a Tyrant or should Apostate from the Faith of Christ so that now the Papists boast they are better Subjects than these Rebellious Protestants and thefore I fear that this Faction Defendens Christum verso mucrone cecidit by their unjust Design to propagate the Gospel have most grievously wounded the Faith of Christ and given a more deadly blow to the Protestant Religion than ever it had since the Reformation when it is impossible that the true Religion should produce Rebellion And therefore seeing we are free born Subjects and persons interessed in the good and safety of this Kingdom as well as any of them we must crave liberty to express our grievances and to crave redresses and seeing my self am called to be a Preacher of Gods Word and a Bishâ—p over many of the souls of my Brethren for which I must render an account to my God both for my silence when I should speak and speaking any thing that should not be spoken I resolved to fear my God and neither out of flattery to the King and his party nor out of hatred or malice to those factiâ—us men but as I am perswaded in my Conscience fully satisfied and guided by Gods Truth to set forth this Discovery of these Mysteries what danger soever I shall undergo and if I shall become their Enemy for speaking Truth I shall fare no worse than Saint Paul did and it shall be with them if they do not repent as it was with the Israelites When their destruction cometh they shall seek peace and shall not have it but calamity Ezech. 7. 25 27. shall come upon calamity CHAP. XV. Sheweth a particular recapitulation of the Reasons whereby their Design to alter the Government of the Church and State is evinced And a pathetical disswasion from Rebellion ANd thus I have set down not any thing to render these men more odious If I have been misinâ—oâ—med of any thing that shall appear false I shall not blush to retract it by an ingâ—nuous confession than they are or to abuse my Reader with falshood or uncertainties but to report what I knew and what I collected out of the present writings of best credit and attested by men of known truth and integrity whereby it is most apparent to any discerning eye That the Faction of Anabaptists and Brownists and some other of the subtilest heads in the House of Commons had from the first Convention of this Parliament secretly projected this Design and insensible to the rest of their well-meaning Brethren prosecuted the same to alter and change the ancient Government both of the Church and Kingdom which the Author of Sober-Sadnâ—ss
his natural capacity that is 2. Reason 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 the body of the King being Coke l. 7. Calvin's case invisible in that sence 3. Because in that case it is expresly affirmed that the King holds the Kingdom 3. Reason 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 Speed l. 9. c. 16. Parliament yet upon his death-bed confessed he had no right thereunto as Speed writeth 4. Because it was determined by all the Judges at the Arraignment of Watson 4. Reason 1. Jacobi and Clerke 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. Speed l. 9. c. 16. that was not crowned till the ninth year of his Reign and yet divers were attainted of High Treason before that time which could not have been done had The right heir to the kingdom is King before he is crowned Why the peoples consent is asked 2. Respect he not been King And we know that upon the death of any of our Kings 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 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 Sadoâ—'s room and Jehosaphat appointed 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. Amariah and Zebadiah rulers of the greatest Affaires 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 are chosen Smith de repub Angl. l. 2. c. 4. c. 5. and established by him as the highest immediately by himself and the inferiour by an authority derived from him 5. He hath the sole power of ordering and disposing all the Castles Forts The absurdities of them that deny the Militia to the King 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 Smith de Repub l. 2. Cambden Britan p. 132. apud nos habentes nec in Imperii clientela sunt nec investituram ab alio accipientes nec prâ—ter 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 over all 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 governed by one supream head and king having the dignity and royal In the Preface to a Stat. 24. Hen. 8. cap. 12 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 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 3 Respect 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 1. To have the chiefest care to defend the faith of Christ and to preserve the The duty of the kings of England 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 established Laws neither do our Divines give any further liberty to any king but if he failes in these he doth offend in his duty 4. As the kings of Israel were accountable for their actions unto none but 4 Respect Psal 51. 4. onely unto God 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 The kings of England accountable for their actions only to God I Reason Smith de repub l. 1. c. 9. 2 Reason most idolatrous 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 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 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 3. Because there is neither condition promise or limitation either in that 3 Reason 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 4. Because the Testimony of many famous Lawyers justify the same truth 4 Reason 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 actiâ—ns nec privatae personae nec justiciarii debent disputare And Walsingham maketh mention of a Letter Bracton fol. 34. a. b. apud Lincol anno 1301. written from the Parliament to the Bishop of Rome wherein they say that certum directum Dominium à prima institutione regni Anglia 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 prceminence of the royal dignity and custome observed in all ages ought not to answer before any Judge either Ecclesiastical or Secular Ergo neither before Ex l bera praeeminentia the Pope nor Parliament nor Presbytery 5. Because the constant custome and practice of this kingdom was ever such 5. Reason 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 and were No legitimate and just Parliment did ever question the kings of England for their actions 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 by that excellent Heningus c. 4. p. 93. 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 Heathen and wicked Kings how he carried himself before Pilate and how all the good Primitive Christians behaved themselves towards their Heathen persecuting Emperours 2. WE finde that not onely the Jews that were the people of God a royal Priesthood that had the Oracles of God and therefore no wonder 2. The Heathens Persae quidem olim aliquid coeleste atque divinum in regibus inesse statuebant Osorde Instit regis l 4. p. 106. Justin l. 4 Herodot l. 8. What great respect men in former times did bear unto their kings that they were so conformable in their obedience to the will of God but the Gentiles also that knew not God knew this by the light of nature that they were bound to yield all honour unto their kings For Quintus Curtius tells us that the Persians had such a divine estimation and love unto their king that Alexander could not perswade them either for fear or reward to tell him where their king was gone or to reveale any of his intentions or to do any other thing that might any ways prejudice the life or the affairs of their king And Justin tell us that the Sicilians did bear so great a respect unto the last Will and Testament of Anaxilaus their deceased king that they disdain not to obey a slave whom he had appointed Regent during the minority of his son And Herodotus saith that when Xerxes fled from Greece in a vessel that was so ful of men of war that it was impossible for him to be saved without casting some part of them into the Sea he said O yee men of Persia let some among you testifie that he hath care of his King whose safety is in your disposition then the Nobility which accompanied him having adored him did cast themselves into the Sea till the vessel was unburthened and the King preserved And I fear these Pagans will rise in judgement to condemn our Nobility that seek the destruction of their King And the Macedonians had such a reverent opinion of their King that being foyled in war before they returned again to the battle they fetched their cradle wherein their young King lay and set him in the midst of the Camp as supposing Justin l. 7. that their former misfortune proceeded because they neglected to take with them the good augure of their King's presence And Boëmus Aubanus speaking of the Aegyptian Kings saith that they have so much good will and love from all men ut non solùm sacerdotibus sed etiam singulis Aegyptiis major Aubanus de Africa l. 1. p. 39. Reges divinos love genitos à love nutritos Homerus Hesiodus appellarunt regis quà m uxorum filiorúmque aâ—t aliorum principum salutis inesset cura that not onely the Priests but also the Aegyptians have a greater care of the safety of their King then of their wives or children or any other Princes of the Land And the same Author describing the manner how the Tartars create their King saith the Princes Dukes Barons and all the people meet then they place him that is to be their King on a Throne of gold and prostrating themselves upon the ground they cry with an unanimous and loud voice Rogamus volumus praecipimus ut domineris nobis We intreat you and beseech you to reign over us and he answereth If you would have this of me it is necessary that you should be obedient to do whatsoever I shall command you when I call you to come whethersoever I shall send you to go whomsoever I shall command you to kill to do it immediately without fear and to commit
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 they saw could not continue without Religion But 2. The wisedom of our grave Prelates and the learning of our religioâ—s Clergie having stopped the course of this violent stream and hindred the translation 2. In the Parliament 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 then 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 seed and the Tribe of Levi to be directed and commanded out of the Parliament Hugo de Sancto Vict. lâ—b 2. de sacr â—id par 2. cap 3. Laicis Christianis fidelibus terrena â—ossidere conceditur clericis verò tantùm spiritualia commiâ—tuntur quae a tem illa spiritualia sunt subjiciâ— c 5. diâ—eâ—s omnis ecclesiastica â—dministratio in trâ—bus consislit in sacramentis in ordinibus iâ— praeceptis Ergo Laâ—ci nihâ—l juris habent in leâ—ibus prâ—ceptis condendit ecclesiastâ—cis 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 â—ound the like usurpation of this right to the eradication of the true Religion in any age for seeing that as the Proverb goeth Quod medâ—corum est promittunt medici tractant 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 â— 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 â— 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 3. As nothing is dearer to understanding righteous and religious Kings 3. Opinion Of the Orthodox Quia religio est ex potioribus reipublicae parlibus ut ait Aristoâ— Polit. l. 7 c. 8. ipsa soâ—â— custodit hominum inter se socieâ—ates ut ait Lactant. de ira Dei cap. 12. Peritura Troja perdidit primâ—m Deos. Therefore the Tyrians chayned their gods lest iâ— they fled they should be destroyed then the encrease and maintenance of true religion and the inlargement of the Church of Christ throughout all their Dominions so they have at all times imployed their studies to this end because it is an infallible maxime even among the Politicians that the prâ—sperity of any Kingdome flourisheth for no longer time then the care of Religion and the prâ—sperity 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 sâ—gn of a declining and a decaying State to see the Clergy despised and religion disgraced and therefore the provisiâ—n 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 prâ—sperity of his Kingdom and whosoever derive the authority of this charge either in a blinde obedience to the See of Rome as the Jesâ—ites do or out of their too much zeal and affection to a new Consistory as the late Presbyterians did oâ— 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 â—â—â—xempted 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 and all inferiour Q Curtius de rebus Alexand. Joh. Bedâ— p. 22 23. 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 reprasentativè 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 tanquam Ethnicum Matth. 18. 17. may soon add a stranger shall not raign over thee and so depose him Deut. 17. 15. from all
the Church where it forbiddeth the Bishops to reiterate baptisme to paint or grave on earth the Image of our Saviour L. 1. tit 5. L. 1. tit 7. Novel 123. c. 10. Novel 58. Novel 137. c. 6. 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 aloud when they celebrate the Sacraments of Baptisme and the Eucharist and that the holy Bible should be translated into the vulgar tongue and the like And not onely these and the rest of the godly Emperours that succeeded them but also 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 Pepin 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 But as Dioclesian that was neither the best nor the happiest governour said The saying of â—â—oclesian most truly of the civil government that there was nothing harder then to râ—le well * That is to rule the Common-wealth so it is much harder to govern the Church of Christ therefore â—s there cannot be an argument of greater wisdome in a Prince nor any â—hiâ—g of greater safety and felicity to the Common-wealth then for him to make â—hâ—ice of a wise Council to assist him in his most weighty affaires saith Cornâ—lius Tacitus Tacitus Annâ— lib. 12. So all religious Kings must do the like in the government of the Church and the making of their Lawes foâ— that government foâ— God ouâ— of his great mercy to them and no less desire to have his people religiously governed left such men to be theiâ— supporters their helpers and advisers in the performance of these 〈◊〉 and â— pray you whom did Kings chuse for this business but whom Gâ—â— â—ad oâ—dâ—ned for that purpose for you may observe that although those Christian King and Emperours made their Lawes as having the supremacy and the 〈◊〉 â—â—r of 〈◊〉 â—eligion committed by God into their hands yet they dâ—d never make them that ever I could read with the advice counsel or direction of any of â—heir Peers or Lay Subjects but as David had Nathan and Gâ—◠〈◊〉 had Daniel and the rest of the Jâ—wish Kings and The good Kings Emperours made their Lawes for the government of the Church onely by the advâ—ce of their Clergy A good Law of Iâ—stinian Constit 123. Heathens had their Prophets onely and Priests to direct them in all matters of religion so those Chrâ—stian Kings and Princes took their Bishops and their Clergâ—e â—nâ—ly to be their counsellors and directors in all Church causes as it appeareth out of all the 〈◊〉 Authors and all the Histories that do write thereof and Justinian pâ—blishâ—d 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 Ecclesiastâ—â—â—m negotium sit nullam communionem habento â—iviles magistratus cum â—a disceptatione sed religiosâ—ssimi Episcopi secundum sacros canones negotio finem imp nuntâ— â—or the good Emperour knew sull well that the Lay Senate neither â—nderstood 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 â—eachers of the true religion because the Son of God had foâ—e-told it that the world should hate us that secular men and Lay Senatours should commonly oppose cross and shew all the John 15 19. Matth. 10. 16. spite they can unto the Clergy 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 observed this as one of the good savours the How the Laity love the Clergy A very memorable act Anno 39 Eliz. cap. 4. 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 aâ—d 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 Paâ—ish 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 sive 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 and the That the Laity should have no interest in making Laws for the Church 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 the efore Be wise ô ye Kings And consider how any new Canons are to be made by our
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 nonage and so not able to chuse them But you will say that our Histories tell you how Ric. 2. Edw. 2. and others Ob. 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 and not justifie the wrongs done Sol. 2 Reg. 19. 37. 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 And I have most fully described True Church lib. 6. c. 4. c. 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 so 2. Difference about the power of the subordinate Magistrates 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 have no None can depose him in whom the supreme Majesty resideth 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 safely that in case of defailance to do his duty they may with the Tribunes of Rome or the Dâ—marchi at Athens censure and depose him too if they see just cause for the same To confute which blasphemous doctrine against God and so pernicious and Blacvod c. 33. p. 285. Grand Rebellion c. 7. p. 52. 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. If subordinate I told you before they can have no power over their superiour 1 Subordinate officers can have no power over their superioâ—s 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. If they be supreme then Saint Peter is much mistaken to say the King is supreme 2. that neither Peers noâ— Parliament can have the supremacy None above the king at any time 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 legem curiam suam comites Barones quia comites dicuntur quasi socii The Sectaries chiefest argument out of Bracton fully answered Regis qui habet socium habet magistrum ideò si Rex fuerit sine frâ—no 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 non cogendi they have superioritatem directivam non coactivam How the Law and the Court of Barons is above the King 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
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. Who are the persons that are imployed in this war he first of all that 3. Meet Members 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 needy and mean condition'd Lords and Gentlemen Who the Rebels are and what manner persons they be 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. If you consider quâ authoritate by what authority they wage this war 4. The supreme authority 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 but onely betwixt independent States and several Princes that Albericus Gentilis de jure belli l. 1. c. 2. Subjects can never make a lawful war against their King have the supreme power in their own hands and are not liable to the censure 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 Martyres stultae Philosophiae when every one of them may Res dura ac plena pericli est regale occidisse genus 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 of In what condition their Preachers are and of what worth 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 Scottish It is contrary to the doctrine of all the Protestant Church for Subjects to resist their king 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. Kecâ—erm Syst pol. c. 32. Jun. Bruâ— 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 themselyes 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
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 that being granted may prejudice the Church of God things that the King should not grant 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 And there be some things which the Kings of this realm have never granted Things that kings have not granted away 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 Laws 1. About the Lawes 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 except he part with His Majesty and Soveraignty for the The case of our affaires pag. 11. 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 but as a man that yeildeth 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 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 thâ— 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 as from the true How the same acts may be said to be the acts of the King and of the Parliament 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 praecipuis actibus gubernationis reipublicae ita praecipuam superiorem requirit potestatem to make Lawes is one of the chiefest acts of the government of a Common-wealth so it Suarez l. 1. c. 8 n. 8. 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 Sap. 6. unto you of the Lord. And Saint Augustine calleth Jura humana jura imperatorum quia ipsa jura humana per imperatores all humane lawes are the lawes Aug. in Joan. tract 6. 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 Gen. 49. 10. from Judah nor a Lawgiver from between his feet to teach us that whosoever swayeth the Scepter hath the right to be the Law-maker which is one of the prime prerogatives of Soveraignty 2. 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 dâ—plomata 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 to It is the Doctrine of the Anabaptists and Puritans that there should be no Degrees of Schooles nor titles of honour among men put down the spiritual Lords I doubt
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 Ioh Beda 26. the ordinance of God and is guilty of High-Treason what pretext soever he brings saith the Advocate of Paris And there be some things which our Kings have granted unto their Subjects Ita etiam Reget Aegypti quibus voluntas pro lege est legum tamen institâ—ta 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 where the King granted unto his Subjects that 9 Hen. 3. 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 Friviledge 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 oâ—t of Parliament discussed the King's Oath at his Coronation how it obligeth him and how Statutes have been procured and repealed 2. WE are to consider how far the King is obliged to observe his promise 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 doneâ—â— prejudice of them p. 597. 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 For 1. Of grace 2. By fraud 3. Through fear 1. The King that hath his full right either by conquest or succession over his people to govern them as a most absolute Monarch and out of his meer 1. All grants of grace ought to be observed 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 Quia volenti fit non injuria because they do him no injury The true Law of free Monarchs p. 203. 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 disloyalty 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. When the King through the subtile perswasions of his people that pretend 2. Grants obtained through fraud which to be observed 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 The good man which shall Psal 15. 5. 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 though it were Quicquid fit dolo malo annullat factum imponit poenam summa Angel 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 dolâ— 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 juster 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 or force he may at the fittest opportunity when God in his wise providence offereth the occasion resume it especially when the Subjects do abuse the 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 who 3. Grants gotten by force not to be observed 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 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. that Minerva was said to put upon Pegasus to guide him and to turn him as she pleased but when his fear is past and God hath delivered him from the insurrection of wicked doers if his will gives consent to what before he did unwilling who can free the greatest Monarch from this fault Therefore His 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 that he is no more Ob. Pag. 31. bound to defend the rights of the Clergy by his oath then the râ—st of the Lawes formerly enacted whereof any may be abrogated without perjury when they are desired to be annulled by the Kingdome To which I say that as His Majesty confesseth there are two speciall questions Sol. His Majesties answer to the â—eâ—onstrance or declaration of the Lords and Commons 26. of May 1642. 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 1. The one to all the Commonalty and people of England Clergy and Laity The first part of the Oath Populâ— Anglicaâ—o Vide D. p. 165. and so whatsoever he promiseth may by the consent of the parties to whom the right was transferred be remitted and altered by the representative body in Parliament quia volenti non fit injuria and the rule holds good quibus modis contrahitur contractus iiâ—dem dissolvitur and therefore as any compact or contract is made good and binding so it may be made void and dissolved mutuo contrahentium â—ssensu 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 Contracts wherein God is interessed cannot be dissolved without God King and His Subjects which therefore cannot be dissolved by the consent of the parties untill God who hath the cheifest hand in the contract gâ—ves 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 2. The other part of the oath is made to the Clergy in particular and so The second part of the oath Clericis Ecclesiasticis D. p. 165. 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 that they conceive redounding to the Common-Wealth by which vote The party to whom the bond is made must release the bonds 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 that it Suarez de jurameâ—to promiss l. 2. c. 12. n. 14. cannot be dispensed with quia per promissum acquiritur jus ei cui fit promissio utilitas â—nius 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 therefore their Ob. 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 were many times swayed by the heads of the most powerfull faction which The case of our affaiâ—s p. 17. How powerfull factions have procured Parliaments to doe most unjust things Turba tremens sequitur fortunam ut semper odit damnaâ—os Juven Saâ—â—ra 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 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 â— 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 Attainâ—er 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 And therefore as in the 15. yeare of Edw. 3. the king being unwillingly The case of our affaires p. 20. 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 that was enacted in these words It seemed to the said Earls Statutes unwillingly procured from the king repealed 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 â— majestate which the king ought not and which indeed he cannot grant away as there be some things which he may forgoe though he need not I demand 1. Whether any positive Act Statute or Law that is either ex diametro or ex 1. Quaere 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 because the Priests lips must preserve knowledge and the people must Malach. 2. 7. seek the Law at his mouth therefore it may be conceived no Statute can be rightly made that is not assented to and approved as all our former Statutes were by the Bishops that are the chiefest of the Clergy to be no wayes contrary to the Law of God 2. Whether the king that is an absolute Monarch to whom God hath committed 2. Quaere 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 3. Whether the king can passe away that power authority and right which 3. Quaere 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 gesserinâ— substituti whereby he is inabled to govern them and without which he cannot governe them untill God that laid this charge upon him and gave him full power and authority to do it by some undeniable dispensation gives him his Writ of ease to dischaâ—ge him 4. Whether such an Act or Statute which disinableth any King to dissolve his Dyet Councill Assembly or Parliament and inableth some subtle faction of his Subjects in some sort to countermand their King be not derogatory to the inseperable right of Majesty destructive to the power of government and 4. Quaere prejudicial to all the loyall Subjects and therefore void of it selfe and not to be observed because such an act ought not to have been concluded wherein I The Act for the indissolubility of any Parliament beleived by many to be of it selfe void 1. Reason leave the resolution to be dete mined by the Judges and Bishops of this Land and I will onely crave leave to set down what may be thought herein viz. that such an Act or Statute is clearly and absolutely void 1. Because that hereby the King may be said after a sort and in some kinde to change the fundamentall constitution and Government of his Kingdome from an absolute Monarchy to another spâ—cies and forme of Government either Aristocratiâ—all or Democraticall or some other forme emergent out of all these such as we know not how to terme it and such as was never known from the beginning of the world a mixture indeed which I told you before no absolute King can be thought to do without offence unless he can prove his licence from God to do the same 2. Because that hereby he may be said to denude himselfe of his Right and 2. Reason by depriving himselfe of this power to disinable himselfe to discharge that duty which God doth necessarily require at his hands that is to govern his people by pâ—â—tecting the innocent and punishing the wrong doer and when God shall call the King to an account why he did not thus governe his people and defâ—nd those poore Subjects that were loyal and faithful both to God and their King according to the charge that he laid upon him and the right and power which he gave him to discharge it It may be feared it will be no sufficient answer for any King to say but I have so laid away that power and parted with that right unto my Lords and Commons that I could not do it for it may be asked where doth God require him or when did he authorize him to devest himselfe of that authority wherewith he indued him how then can he do it to the undoing of many people without an assured leave from God therefore as that Act which was made unrepealable was adjudged no Act but immediately void because it was destructive to the very power of Parliament * Which may repeale their owne Acts but noâ— destroy their just power nor themselves as it seemes the Act of excluding the Bishops doth and takes away as it were the soule of the Parliament 3. Reason and if any act should be made to destroy common right or to hinder the publique service of God or to disinable the right heire to injoy the Crowne or the like those Acts are void
of themselves so any Statute that disinableth the Kings Government must needs be void ipso facto as I have partly shewed in my Discovery of Mysteries p. 32. 3. Because it may be beleived no King would ever grant such an act unless he were either subtilly deceived and seduced or forâ—ibly compelled thereunto for feare of some inavoidable extremity which according to all outward appearance could not otherwise be prevented without the concessions of such unspeakable disadvantages as a man gives away his sword when he seeth his life in danger if he deliver it not Therefore the premises considered 5. The Quaere is whether any King should be bound and obliged to 5. Quaere In all these Quaeries I conclude nothing whatsoever I beleive observe such grants and make good such Acts as are thus fraudulently obtained or forcibly wrested from him and are thus contradictory to Gods will thus prejudiciall to the power of Government and thus destructive to his Subjects which for the fore said reasons is by many men beleived he is not but that this right was unduly procured from him so when God inableth him he may justly acquire it and re-assume it without any offence to God or the least reluctancy to his own conscience And if this Act that hath passed in our Parliament makes it immediately to be no Parliament * As I know not whether it doth or not neither will I determine it as being now another forme of government which the Divines hold ought not to be effected then certainly all Acts that passed since are no Acts but are void and invalid of themselves Or be it granted that the Act for the perpetuity of Parliament doth not annul the Parliament yet it is doubted by many whether the Parliament may not themselves without the kings pronouncing it void or dissolved make it no Parliament when of Counsellors for the King they become Traytors unto the Quid prodest tibi nomen usurpare alienum vocari quod non es King and of Patriots that should protect the Common-wealth they become Parricides and Catilines unto the same because these duties being as the soul the life and the end of Parliaments when these are changed to be the bane and death of King and Kingdome it is doubted how it can be a Parliament any more then a dead carkase that is deprived of his soul can be said to be a man for the circumstances and ceremonies of times places and the like are not essentialia Parliamenti but as accidentia quae possunt adesse abesse sine interitis subjecti and may be ad benè esse but are as Punctilio's in respect of the end and essence of a Parliament And therefore as God promiseth infallibly to do a thing for example that He will not fail David his seed shall endure for ever and of Eli he said indeed Psal 89. 34. 1 Sam. 2. 30. that his house and the house of his father should walke before him for ever yet this unchangeable God when the change is wrought in David or his seed or in Eli his house David doth immediately say Thou hast abhorred and forsaken thine Anointed and art displeased at him and of his promise to Eli God Psal 89. 37. 1 Sam. 2. 30. saith in the same place now be it far from me so it may be conceived that when any Parliament changeth its nature faileth in its very being and of a I should never acknowledge Judas after he betrayed his master and resolved to persist in his wickednesse to be an Apostle of Jesus Christ no more then I should take the Temple of Jerusalem to be the house of God so long as it continued the den of theeves preservative becomes a poyson both to the King and Kingdome the King and Kingdome may then without any change in themselves or failing of their former promises justly say they are no Parliament but as the Romans said unto a worthy Patriot that had formerly saved them from the Senones and at last became an enemy to the State We did honour thee as our deliverer when thou didst save us from the Senones sed jam nobis es quasi unus ex Senonibus so may we say of any Parliament that turnes to be the destruction of a Common-wealth that it is but a shadow and no substance a den of theeves and no Parliament of Counsellours And I assure my selfe much more may be spoken and many in answerable arguments may be produced to confirm this to be most true so I have set down what I conceive to be true about the Kings grants and concessions unto his people and his obligations to observe them And if His Majesty whom I unfainedly love and heartily honour and in whose service as I have most willingly spent my slender fortunes so I shall as readily hazard my dearest life be offended with me for setting down any of these things that my conscience tells me to be true and needful to be known and my duty to declare them I must answer in all humility and with all reverence that remembring what Lucian saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 many men shunning the smoake fell into the fire and that Job saith Timentes pruinam opprimentur à nive which Saint Gregory moralizeth of them that fearing the frost of mans anger which they may tread under foot shall be overwhelmed with the snow of Gods vengeance that fals from Heaven and cannot be avoided I had rather suffer the anger of any mortal man then endure the wrath of the great God and now I have freed my soule let what will come of my body I will fear God and honour my King 5. We are to consider the end for which God ordained the King to rule and 5 The end for which God ordained Kings govern his people and that is to preserve justice and to maintain peace through out all the parts of his Dominions for as the Subjects may neither murmur nor resist heir Soveraign at any time for any cause so the King must not do any wrong or â—njustice to his meanest Subject neither do we presse the obedience of the Subject to give licence unto the King to use them as he listeth but we tell Kings their duties as well as we do to the Subjects and that is to doe justice unto the afflicted and to execute true judgement among all his people for as Plato saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Psal 82. 3. Zâ—char 7 9. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 all men cry out with one mouth how beautiful a thing is temperance and righteousnesse Cicero calleth her the Lady and Mistresse of all virtues and Pindarus saith that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a golden eye and a Cicero offic l. 3. golden countenance are always to be seene in the face of justice and that Jupiter Soter dwelleth together with Themis whereby he would give us to understand Pindar apad A then Cl. Alex and Sirom l. 5. regem
that they should obey their King 1. Active obedience and those that are sent of 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 that although the King be the supreme Monarch Ob. Diverse kinds of Monarchies 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 may notwithstanding Sol. Absolute Monarchs may limit themselves 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 that cannot distinguish the point I cannot devise words to expresse this new devised government 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 but that he is some way No Monarch so absolute but someway limited 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 that observeth not his own voluntary concessions but themselves perceiving how peremptorily the Apostle speaketh against resistance of the Heathen Emperours that then ruled do confess that absolute Monarchs ought not to be resisted wherein also they are mistaken because the histories tell us those Emperours were not so absolute as our Kings till the time of Vespasian when the lex regia transferred all the power of the People upon the Emperour Vlpian de constit Principis therefore indeed no Monarch ought No Monarch ought to be resisted to be resisted whatsoever limitations he hath granted unto his Subjects And the resisters of authority might understand if their more malitious then blinde leaders would give them leave that this virtue of obedience to the supreme power maketh good things unlawful when we are forbidden to do them as the eating the forbidden tree was to Adam and the holding up of the Arke was to Vzza and it maketh evil things to be good and lawful when they are commanded to be done as the killing of Isaack if he had done it had been commendable in Abraham and the smiting of the Prophet was very laudable in him that smote him when the Prophet commanded him to do it and therefore Adam and Vzza were punished with death because they did those lawful good things which they were forbidden to do and the others were recompenced Rebels should well consider these things with blessings because they did and were ready to do those evill things that they were commanded to do when as he that refused to smite the Prophet being commanded to do it was destroyed by a Lyon because he did it 1 Reg. 20. 38. not whereby you see that things forbidden when they are commanded è contrà cannot be omitted without sin You will say it is true when it is done by God whose injunction or prohibition Ob. Mandaâ—um imperantis tollit peccatum obedientis Aug. Sol. his precept or his forbidding to do it or not to do it maketh all things lawful or unlawful I answer that we cannot thinke our selves obedient to God whilest we are disobedient to him whom God hath commanded us to obey and therefore if we will obey God we must obey the King because God hath commanded us to obey him and being to obey him non attendit verus obediens quale sit quod praecipitur sed hoc solo contentus quia praecipitur he that is truely obedient to him whom God commanded us to obey never regardeth what it is that is commanded so it be not simply evil for then as the Apostle saith it is better to obey God then man were he the greatest Monarch in the World but he considereth and is therewith satisfied that it is commanded and therefore doth it saith Saint Bernard in l. de praecept dispensat Bernard in l. de praecept dispensat CHAP. XVI Sheweth the answer to some objections against the obeying
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 35. 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. â—5 l. 18. for justice r. injustice p. 106. 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 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. 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. 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 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 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 things that pertain to Religion by His Bishops and Chaplains and the calling of Synods c. 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. 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. 47 CHAP. X. Sheweth that it is the Kings right to grant Dispensations for Pluralities and Non-residency what Dispensation is reasons for it to tolerate divers Sects or sorts of Religions the foure speciall sorts of false Professors S. Augustines reasons for the toleration of the Jewes toleration of Papists and of Puritans and which of them deserve best to be tolerated among the Protestants and how any Sect is to be tolerated 56 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. 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 Supâ—emacy the Sectaries chiefest argument out of Bracton answered our Lawes prove all Soveraignty to be in the King 70 § The two chiefest parts of the Regall Government the foure properties of â— just war and how the Parliamentary Faction transgress in every property 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 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 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 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 92 CHAP. XV. Sheweth the honour due to the king 1. Feare 2. An high â—steem 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 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 104 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 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 121 CHAP. XIX Sheweth how the Rebellious faction have transgressed all the ten Commandments of the Law and the new Commandment 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
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 Occâ—piers 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 not to make their children Why Bishopâ— and Clergy-men were permiâ—â—ed to granâ— leâ—seâ— of the lands and revenues of the Church and friends Knights and Ladies or to fill their own â—ossers with sines to the great prejudice of their successors and the neglect and treading down of Gods serviâ—e but that the revenue and the inheriâ—ance 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 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 but let them lease what they will for the benefit of How the Bishops and other Clergy-men may lease their Lands without Sacriledge 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 By whole power the laws for leasing and passing away the Church-lands came to be made Consider that means these our Laws and Acts of Parliament for the alienating 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 tâ—ken the State of our Cathedral and Collegiat Churches into our Princely Consideration that We may be the better ablâ— 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 any 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 And further whereas in Our late Instructions O that the mind and piety of this most godly King expressed in this Letter had bin observed by all our Predecessors Bishops
examples they teach them to offend 2. As they are in these respects to have a special care of their own lives 2. How careful the Bishops Priests ought to be to teach the people Ezech. 3. 17. c. 33. 7. and conversations to live justly and holily as the servants of Christ ought to do so they are likewise obliged to be sedulous and diligent in the instruction and tuition of the people committed under their charge for they are made the Watchmen and Shepherds over God's people to teach them and instruct them what they should do and what they should believe even as our Saviour saith unto his Apostles Go ye and teach all Nations baptizing them in the Name of the Father and of the Son and of the Holy Matth. ult 19. 20. Ghost and teaching them to observe all things whatsoever I have commanded you And therefore S. Paul chargeth Bishop Timothy before God and before Jesus Christ that he preach the word and be instant in season and out 2 Tim. 4. 1 2. 1 Cor. 9. 16. of season reprove rebuke and exhort with all long-suffering and doctrine and he saith Wo is me if I preach not the Gospel And S. Gregory saith Oportet ut praedicatores sint fortes in praeceptis compatientes infirmis terribiles Greg. in Mor. 30. super Job 39. in minis in exhortationibus blandi in ostendendo magisterio humiles in rerum temporalium contemptu dominantes in tolerandis adversitatibus rigidi It behoves that Preachers should be strong and strict in their precepts compassionate and pitiful to the weak terrible in their threatnings to the impenitent smooth and gentle in their exhortations in shewing their power and authority humble in despising the world and all worldly things stout and domineering and in suffering and bearing adversities firm and constant And the same S. Gregory saith also that Non debet praedicator Idem Moral l. 17. infirmis insinuare cuncta quae sentit nec debet praedicare rudibus quanta cognoscit which is a very good lesson And so you see partly what the Bishops and Ministers of Christ ought to do and how to behave themselves in the Church of God Yet I must confesse we and our Predecessors the Bishops of God's Dan 9. 5. Church have sinned and have committed iniquity and have done wickedly and have rebelled even by departing from God's Precepts and neglecting the performance of our duties for whereas Exemplar vitae populis est vita regentis And as S. Gregory saith Lux gregis est flamma doctoris The light whereby the flock walketh is the shining flame of the Shepherds life Yet many of our Predecessors I am sure and I pray God that none of our present Prelates may do the like have given very evil examples unto the people if the example of covetousness injustice and the obstructing and neglect of Gods Service and the furtherance of mens salvation be evil examples for letting passe what we find written of Pope Sixtus the Fourth of whom this Epitaph was made Sixte jaces tandem fidei contemptor aequi Pacis ut hostis eras pace peremptus obis And of Alexander the sixth that made a league with the Devil as Balaeus saith to obtain his Papacy and of whom it was said as I shewed before Vendit Alexander cruces altaria Christum Emerat ille prius vendere jure potest And of Boniface the eighth and divers others wicked Popes that pretended to be the Bishops and Vicars of Christ but were indeed the limbs of Anti-Christ We find nearer home that what pious men and good Christians had formerly most zealously bestowed upon the Church and Churchmen for the Honor of God the relieving of the poor and the promoting of the Christian faith many of our own Bishops most wickedly and Sacrilegiously either through Covetousness for some fine or for love and affection to their Children friends or servants have alienated and made away the same from their Successors in Fee-farm or long leases some for one thousand some for one hundred years and some for other longer term reserving only some small rent for the succeeding Bishops as in my Diocess of Ossory that Lordship was set for ten pound yearly that is well-nigh worth two hundred pound and that was set for â—our pound which is better worth then fifty pound with many others in the like sort whereby we that come after them and they that shall come after us are neither able to keep Hospitality nor to feed the poor nor scarce our selves and our own families nor indeed to do any other work of piety and service of God which the Scripture requireth us to do And if these things be not wickedness and a high degree of abominable Sacriledge mine understanding fails me and this being Sacriledge I know not what laws can make it good Let them have what Laws and what Acts of Parliament soever they please to justify their doings I know not how those Laws and Acts of Parliament will or can justify them before the Throne of the just God And therefore not to do my self what I blame in others lest God should condemn me out of mine own mouth as my good God hath hitherto preserved me and kept my hands clean from all Corruption and from taking any the least bribe or gift from any man or any service but what I paid for even in my poorest state and meanest condition when I had not for many years together twenty pound per annum to maintain me so I have resolved and do pray to God continually to give his grace to perform it and do hope that God will grant it me that I will never take either bribe for any thing or gift from any man or fine for any House Land or Lordship that belongs either to my Deanery or Bishoprick while I live if I should live a thousand years but what shall be for the repaire of the Church And besides all this and many other faults in their own lives of less moment I have often bemoaned one offence of some of my brethren above all the rest when I considered how they not following the Counsel of St. Paul in the Ordination of Priests and Deacons To lay hands on no man rashly but to see that the persons that are to be admitted to holy Orders should be no novices that is no young Divines because as Saint Gregory saith Nequaquam debent homines in aetate infirma praedicare Men ought not to Preach in their young and tender years Quia juxta rationis usum sermo doctrinae non suppetit nisi in perfecta aetate because that according to the use of Reason Learning and Wisdom is not attained unto but in perfect age Et Redemptor noster cum Caelâ— siâ—conditor Angelorum Doctor ante tricennale Greg. sup Ezech. Ho. 2. in Pastor tempus in terra magister noluit fieri hominum ut videlicet praecipitatis vim
House of Commons p. 6. heads Therefore some say this may well draw a suspicion upon the justice of the Sentence though I will not censure any man for any injustice therein But as the Earl said at his death which he undertook like a good The Earle's words at his death Christian full of Charity and no less Piety it was an ill Omen to this Nation that they should write the Frontispiece of this Parliament with letters of Blood which if unjustly done or unduly prosecuted I fear may with Abels blood cry for vengeance in the ears of God against the Contrivers of this mischief to produce our miseries And the God of Heaven doth only know how much of the blood of this Kingdom must be squeezed out to expiate all the mis-proceedings and the fearfull projects of our people God Almighty turn his anger from us and let not the righteous perish with the wicked nor the sins of some few be laid upon us all This was the first impediment that was to be removed before they could proceed any further in this Tragedy and thus it was most artificially acted And I say He was a great and a very great impediment of their design which made me the larger in the prosecution thereof because he was a person of that great ability and so great fidelity both to the Church and State and the taking off of his head made a very wide gap for our enemies to enter into the Vineyard of Christ and a large breach into the City of God to deface the Church and to destroy this Kingdom CHAP. III. Sheweth how they stopped the free judgment of the Judges procured the perpetuity of the Parliament the consequences thereof and the subtle device of Semiramis 2. THe next Let that might hinder their design was the great learning The second impediment of their design long experience and free judgment of the grave Judges to declare what is Truth and what is Law in every point for these men being skilful in the Laws and Statutes of our Land knew how contrary to the same and how repugnant to the fundamental Constitutions of our Government the erecting of a new Church and the framing of a new Common-Wealth would be and their judgment being to be inquired in any emergent Doubt might prove very prejudicial unto their plots and a hinderance of their Design except it were diverted by some course Therefore to stop this stream to put a gagg in their mouthes to imprison How they stopped the free judgment of the Judges all truths that might make against them and to make these Judges yield to whatsoever they do or at least not to contradict any thing they say they get many of them to be accused of High-Treason and they do but accuse them and not proceed to any trial against them which was a pretty plot of their policy because that hereby they kept them and the rest of their fellow-Judges that had any finger in the mis-sentencing of the Ship money and were therefore in the same predicament and to be under the same Censure under the lash and to be still silent for very fear of their proceeding against them for they saw by many presidents that those men which favoured their design or contradicted not their waies were winked at by this Faction though they were the greatest Delinquents and therefore redimere se captos to free themselves out of the hands of these men they might conceive it their safest course to gain-say none of their conclusions which was a Plot of no small value to further their design by this removal of this second impediment 3. The third Let that stood in their way to make stop of their impious The third impediment of their design design was the Royal power to dissolve the present Parliament as formerly to dissolve any other which they knew to be an inseparable flower of the Crown Timor undique nostris this brought them in fear on every side lest if they were too soon discovered they might suddenly be prevented and their plot might prove abortive Like the untimely fruit of a woman that perisheth before it seeth the Sun or as the apples of Sodome vanishing when they are touched into Nothing or at the best but to stinking blasts Therefore to escape this rock they sail about and like cunning Water-men they look towards you when they row from you their eyes and mouthes are one way when their hearts and minds are another way for they tell the King that the discontinuance of Parliaments hath produced abundance of distempers in this State and a world of grievances both in the Church and Common-wealth besides they say what the King and every man else saw to be true That the Scots were entred into our Land and setled in the bosom of this Kingdom and though perhaps The fair pretences for the continuance of the Parliament if some things had been better looked into we mought at first most easily have kept them out yet now duriùs ejicitur quà m non admittitur hostis it was too late to shut the door and it is not so easy to expel and drive them out except we made them a bride of gold to pass over the river and so to go homewards again And this cannot be done without a great deal of money which moneys though the Parliament should grant them as we are most willing to do to free your Majesty from these guests and to prevent the dangers of an intestine war yet they cannot suddenly be levied and collected as the times and occasions now required therefore it must be borrowed to supply our present necessities and lenders we shall find none except we can shew them a way how they shall be repaid again and the expeperience we have lately had in these latter years of so many Parliaments so unhappily and suddenly dissolved puts us out of all hope to find any way to secure their debts except your Majesty will pass an Act for as yet they durst not say they needed not His assent to what they did that this Parliament shall not be dissolved until it be agreed upon by the consent of both houses This and the like were their fair pretences like the Syrens voyces very How the King was seduced by their pretences sweet and very good and the good King that ever spake as he thought could not think that His great Councel whom He trusted with all the Affairs of His Kingdom meant 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
Recusants and Papists and such as may be for the Glory of God and the peace of our Church which was our sole intention in the last Synod But seeing their Plot was rather to establish a new Church than to redress the defects of the old and to countenance and advance those boute-fues that schismatically rent our Church in pieces and most wickedly deâ—ile the pure Doctrine of the same by degrading and displacing the grave Governours thereof I will to give you a taste of what fruit you are like to reap from them very briefly set down the sum of these two points 1. What they have already done Two points handled 1. What they have already done in the Affairs of our Church 1 Cor. 5. 5. 1 Tim. 1. 20. 1. Opened a gap ta all licenciousness 2. What Discipline and Doctrine are like to ensue if they should be enabled or permitted to erect their new Church for as you may find it in the Remonstrance of the Commons of England to the House of Commons 1. Under colour of Regulating the Ecclesiastical Courts Courts that have been founded by the Apostles and had alwaies their Authority and Reverence among Christians even before the Secular power when the Emperours became Christians had confirmed them they have taken away in respect of the coercive part thereof which is the life of the Law and without which the other part is fruitless all the Spiritual jurisdiction of Gods Church they have taken away Aarons rod and would have only Manna left in Gods Ark so that now the crimes inquirable and censurable by those Courts though never so heinous as Adultery Incest and the like cannot be punished Heresies and Schisms which now of late have abounded in all places can no waies be Reformed and the neglect of Gods service can as hardly be repaired when as the Ministers cannot be enforced to attend their Cures the Church-officers cannot be compelled to perform their duty and the Parishioners cannot be brought by our Law to pay their Tythes and other necessary Duties which things are all so considerable that all Christians ought to â—ear how lamentable will be the end of these sad beginnings for my self have seen the House of God most unchristianly prophaned the Church-yard and the dead bodies of the Saints so rooted and miserably abused by Hogs and Swine that it would grieve meer men that scarce ever heard of God to see such a barbarous usage of any holy place and when the Ministers have given a seven-nights warning to prepare for the blessed Eucharist and the Communicants came to partake of those holy mysteries they were fain to return home without it for want of Bread and Wine to administer it and yet now the Church Governours have not any power to redress any of these abominable abuses 2. Under shew of Reforming the Church Discipline and bettering the 2. Voted down all the Governours of Gods Church Government thereof they have voted down those very Governours the Bishops and their Assistants the Deans and Chapters whose function was constituted by the Apostles and hath from that time continued to this very day As the most Learned Arch-Bishop of Armagh Bishop Hall Master Mason Master Tayler and that worthy Gentleman Master Theyer and others have sufficiently shewed to all the World 3. Under the pretence of expunging Popery which Bishop Jewel Bishop 3. Vilified out Service-book Parry Bishop Babington Bishop Bilson Bishop Morton Bishop Davenant Bishop Hall and abundance more of the Reverend Bishops have confuted expelled and kept out of our Church more than any yea than all their schismatical Disciples whose Learning was no waies able to answer the weakest Arguments of our Adversaries the Service Book that is established by Act of Parliament and was by those holy Martyrs that lost their lives and spilt their blood in defence of the protestant Religion and defiance of Erroneous Popery so Divinely and devoutly composed as all the Reformation can bear witness and I am well assured the whole flock of these Convocants shall never be able without this to make any neer so pious must be totally cried down and hath been in many places burned used to the uncleanest use and teared all to pieces And to let you see their abomination herein I must crave patience to transcribe that it may the more generally pass the Speech of Alderman Garraway Aldâ—rman Garraway p. 7. where he saith pag. 7. Did not my Lord Maior that is Pennington first enter upon his Office with a Speech against the Book of Common Prayer Hath the Common Prayer ever been read before him Hath not Captain Ven said that his Wife could make prayers worth three of any in that Book O Masters There have been times that he which should speak against the Book of Common-Prayer in this City should not have been put to the patience of a Legal-Trial we were wont to look upon it as the greatest treasure and the Jewel of our Religion and he that should have told us he wished well to our Religion and yet would have taken away the Book of Common-Prayer would never have gotten credit I have been in all the parts of Christendome and have conversed with Christians in Turkey why in all the Reformed Churches there is not any thing of more Reverence than the English Liturgy not our Royal Exchange nor the Navy of Queen Elizabeth is so famous as this in Geneva it self I have heard it extolled to the skies I have been three months together by Sea and not a day without hearing it read twice the honest Mariners then How the Mariners esteem the Liturgy despised all the World but the King and the Common-Prayer Book he that should be suspected to wish ill to either of them should have made but an ill voyage and let me tell you they are shrewd Youths those Sea-men if they once discern that the person of the King is in danger or the Protestant professed Religion they will shew themselves mad bodies before you are aware of it I would not be a Brownist or an Anabaptist in their way for And yet these men have so basely abused and are so violent to abolish this excellent Book and Divine Liturgy that Many will not believe it though it should be told unto them I would they did but read that Act of Parliament which is prefixed unto the same to see if they regarded either the Law of God or Man the Religion of the Clergy that composed it or the Wisdom of the Parliament that confirmed it 4. Under colours to shew their hatred to Idolatry they have broken 4. Abused the images and pictures of the Saints and other holy things down the glass Windows of many Churches shot off the heads of the Images of the Blessed Virgin and of our dear Saviour represented in her lap upon the porch of Saint Maries in Oxford thrown away the Pictures of Christ and of other his Holy Apostles and Gods blessed Saints
consecrated 1. Sacriledge what it is to holy uses and to convert the same to any other purpose than which they were dedicated is termed sacriledge that is the stealing of holy goods from the right owners to our selves and others to whom we leave them 2. That this sacriledge is a sin for it is a snare to the man who devoureth 4. That it is a sinne that which is holy and after vowes to make inquiry that is whether such a service be needful or such a taking away be a sin 3. That this sinne is a very great sinne for Saint Paul saith Thou that 3. A great sin abborrest Idols committest thou sacriledge And Idolatry is the giving of our goods and service to false gods Sacriledge the taking away of goods dedicated to the service of any God especially of the true God And this seemeth by the Apostles words to be a greater sinne than the other because the devill laboureth more to take away the service of the true God than to establish his own service for he knoweth that as light taken away darknesse must needs follow so the true Religion being destroyed Hosea 2. 8. Ezech. 16. 1 Reg. 18. 19. Gen. 22. Idolatry must needs succeed and he knoweth that Idolatry hath been bountiful enough to the service of Idols that he needeth not so much to fear the taking away of their goods as to care that the goods dedicated to Gods service be taken away 4. That this sin is a very dangerous sinne both to 1. The Persons that commit it 2. To the Common-wealth that suffers 4 A most dangerous sin Joshua 7. Act. 5. 4. 1. To the sacrilegers it for 1. Not onely Achan Aâ—anias and Sapphira and other private men perished for this sinne but the proudest Kings and greatest Peers that became sacrilegious were plagued and destroyed by God as Belshazzar the great Monarch of Assyria William Rufus and abundance more that you may find in our Histories for the curse of God like Damocles sword by a slender thred hangs over their heads and makes them like those that perished at Endor and became as the dung of the earth And I beseech you mark it Make them like a wheel and as the stubble before the wind persecute them with thy tempest let them be confounded and be put to shame and perish which say Let us take to our selves the houses of God in possession and if this be the guerdon of them that say it I wonder what shall be the plague of them that do it and I wonder more that the very thought of this Curse doth not make their hearts to tremble if their consciences were not seared to be senselesse of all fear 2. The sin of sacriledge extendeth it selfe not onely to the persons committing 2. To whole Nations it but also to the whole Nation that suffereth it as the sin of Achan was not onely a snare to catch him to be destroyed but it troubled all Israel so that they were still discomfited and never prospered till the sacrileger was punished and the Lord appeased If you say The sinne is taken away when the Parliament takes these things away I answer that we must not idolize the Parliament as if it were a kind of omnipotent Creature and like the Pope such an infallible Lord God upon earth as that their Votes and Sanctions were the supremest rule of justice that cannot be unjust because they are enacted by the whole State because as no conclusions are therefore truths because determined by a whole Councell so no Lawes are therefore just because done by a whole Parliament but when they do agree with the common rules of truth and justice which God hath given unto men and shewed the same in his holy Word which he hath left to be the right rule of our actions And therefore if the greatest Assemblies Parliament or Councell make not the will of God the rule to guide their proceedings thereby their Sanctions are so farre from taking away the nature of the sin that they do increase the evill and make it the more out of measure sinfull and to become a national sin that before was but personal and the more exceedingly sinful when the same is confirmed by a Law so that none dares speak against it and the sinners are become senselesse in their sinnes and therefore the Prophet demandeth how any man that feareth God dares meddle with such a people that will thus justifie their sinnes saying Shall the throne of iniquity that is any unjust course have fellowship with thee which framest mischief by a Law And the Lord doth extremely threaten them that walk after unrighteous ordinances as that they should sow much but not reap tread the Olives but not annoint themselves therewith Mich. 6. 15 16. and sweet wine but not drink it because the Statutes of Omri are kept and all the works of the house of Achab and they walked in their counsels and the Prophet Hosea doth more fully set down the wrath of Hos 5. 10 11. God both against the makers and the observers of all unrighteous Laws If you say The Lands and Lordships of the Bishops were not the patrimony Object of the Church but were onely in superstitious times given by our Kings and others unto the Church-men and therefore now the King being in want they may be restored to the Crown again I confesse the Lands of the Church are the free bequests of godly Sol. Kings and of other pious men dead long agoe with most fearful imprecations made against all those that should seek to alter their Wills and Testaments and the Apostle saith If it be but a mans Testament no man Gal. 3. 15. altereth it that is no honest man ought to alter it though perhaps his Will might have been made wiser and his goods bestowed to better use for our Saviours Maxim when he gave a Penny to him that laboured but one hour and but a Penny to him that had endured the heat of the day is unanswerable Is it not lawful for me to do what I will with mine own And therefore 1. As others daily leave their estates of great Amount to whom they please many times to strangers and perhaps to idiots or debauched persons of wicked lives and noxious manners and yet no man grudgeth or endeavoureth to take away those just Legacies which their good Benefactours had bestowed upon these unjust men so there is no reason that any mans eyes should be evill for the goodnesse of their Ancestours unto the Clergie but that their Wills should stand to those uses after their death as intemerate as if they were now alive to dispose of their beneficence 2. They are most injurious to the King who is wise as an Angel of God and therefore holdeth this sacriledge odious to his Princely heart that would seek to enrich his Crown with that which will shake it on his head and endanger all his Posterity to such
they have made Which are all said to be exceedingly abused by them for 1. Against the King 2. Against the Subjects 3. Against the Law 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 but what 1. Their proceedings against the King 1. Wrong Matâ—h â— 20. 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 subsistâ—nce 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 The complaint to the House of Commons Pag. 19. world 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 Is our good King fallen so low that his Children must be kept Alderman Garraway his Speech 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 That they would make the King as poor as Job unlâ—sse he did comply Sober Sadnesse pag. 22. 2. Wrong with them 2. If any man which they like not attendâ— 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 Malâ—gnant 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 iâ— I were taken 3. Though they do solemnly professe that his Majesties personal safety 3 Wrong The Petition to his Majesty the 16. of July 1642. and his royaâ— honour and greatnesse are much dearer unto them then their own lives and fortunes 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 appointed their Generals and as Alâ—erman Non turpe est ab â—o vinâ—i qâ—em vincere est nefas neque et inhonestâ— aliquem submitâ—â— quem Deus super omnes extulit Dictum Armenii Pompeii 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 dâ—ffidence of his own strength or being too confident of their own force sleâ—ghted 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 yeâ— 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. They have most Disloyally and Traiterously spoken both privately 4 Wrong 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 Sober sadness p. 3. â—he Viewer p. 4. His Majesties Declaration â—â—â—ssel in the supplement to Daniels History himself and those that were Ear-witnesses thereof as Horresco reserens 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 and Declarations to 5. Wrong be Printed Cum privilegio and to be published in Publick throughout the whole Kingdom and they are not a little punished that neglect it and whatsoever Mâ—ssage 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
to make this both the more plaâ—sible 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 legum Buchan de jure regni p. 25 91. tamen poenis haâ—d 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 and as the Poet saith Ausus utérque nâ—sas domini respersus utérque Claudian de 4. Consul Honorii 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 Counâ—il 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 that Blâ—c cap. 23. p. 304. 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 potuli potest as in regem quae in pontificem est Ecclesiae So that the reason is far unlike But though the Sorbonists to justifie their former tenet were the first broachers The Puritans opinion worse then the Jesuites in two respects 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 1. Because some of them say that the people may not restrain the power 1. Respect 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 Bellar. in tract cont Pat. Paul their Emperour before he was created 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 Because the Jesuites permit not the people nor any Peers to depose their King 2 Respect 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 and Judges 9. to create Abimilech to be their king But though the Anti-Cavalier takes it ill that I should affirm that the kings Our Opinion proved Anti-Cav in Os Ossor p. 25 power and right unto his government 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. Hierâ—m 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 Idem de Rom. Pont. l. 5. c. 3. Irvinus de jure regni c. 2. p. 40. patri vel filio 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. Nicholans 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 2. Joyntly with an interposed act of some other instrument as the Apostolicall Heningus fuse c. 1. p. 4 5. de distinct duplici jurisdict Sive electione sive postulatione vel successione vel belli jure Princeps siat Principi tamen facto divinitùs potestas data est Cunerus c. 5. de offic Princip 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
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 there is a power Ob. The Author of the Treatise of Monarchy p. 3â— Legally placed in the two houses more then sufficient to prevent and restrain the power of Tyranny â— answer fâ—rst when it pleaseâ— the King of His grace to 〈◊〉 His own 〈◊〉 The lâ—◠〈◊〉 〈◊〉 the 〈◊〉 sâ—ould 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 pâ—wer of maâ—ing Laws to the consent of Peeres and Commâ—â—â— shaâ— by this Râ—gulating of the same â—â— mâ—ght be purged from all destructive exoâ—bâ—tances the very Law it self being tender of the legâ—â—mate rights of the King and considering the Person of the Soveraâ—gn to be single and his power counterpoysâ—d by â—he opposite wisdome of the two Houses allowed him to swear unto himself a body of Council of Staâ—â— 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 Houses so he might not receive any wrong by the incroachâ—enâ— of the Parliament upon his right and the King being driven away The â—ings 〈◊〉 〈◊〉 from his learned Counsel and forced to make the defence of his rights by writing it is no wonder if his concâ—ssioâ—â— 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 forâ—â—ble armes but as Doctor Ferne saith 〈◊〉 in his â—â—ply to sever 〈◊〉 p. 32. most truly of a Legal Moral and Parliamentary restraint for the words are there is a power legally placed in the Houses that is the Law hath placed a power in them but you shall never find any Law that any King hath granted whereby himself might be resisted and subdued by open force and violence for as Râ—ffensis saith Regeâ— suâ— soliâ—s judicâ— reservavit Deus qui stans in Synagoga dâ—orum dijudiâ—at 〈◊〉 de poâ—â—st Papâ— 291 Eâ—phants Pyâ—hig â— De Regâ—n â—pud Stohâ—um â—ol 335. â—os God hath reserved Kings to his own judgement and the Heathen man could say as Stâ—hâ—us testifieth primùm Dei deinde Regis est â—t nulli subiiciatur 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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 Josâ—phâ—â— saith that the holiest men that ever were among the Hebrews called essaei or esseni that is the tâ—ue practisers of the Law of God maintained that severaigne Princes whatsoeveâ— they were ought to be inviolable to their Subjects for they saw there was scarce any â— principle tenet of the Essaei And some think that the Common wealth is happier â—nder a Tyrant that â—ill keepthem â—â— awâ— then under too â—ald a Prince upon whose 〈◊〉 they will presâ—nâ—e to Rebel Jer. 27. 5. 6. A memorable place against resisting Tyâ—â—nts thing more usual in holy Scripture then the prehibition of resistance or refusal of obedience to the Prince whether he were Jeâ— 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 pâ—wer and have given it to whom it seemed meet unto me and nâ—w â— have given all those Lands into the hand of Nebuchadnezzar the King of Babylen my servant and he was both a Heathen an Idelater and a mighty Tyâ—ant and all 〈◊〉 shall serve him and his son and his sâ—ns 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 yâ—ke â—f the King of Babylon that Nation will I punish saith the Lord with the Sword and with the Famiâ—e 〈◊〉 with the Pâ—stilâ—nce â—ntil I have consumed them by his hands therefore hearkeâ—â—â—t ye unto your Prâ—phetâ— nor to your Diviners whiâ—h speak unto you saying 〈◊〉 sâ—all not serve the King of Babylâ—n for they prâ—pheâ—y a lyâ— unto you which he repeateth again and again they prâ—phesy a lye unto you that you should periâ—â— and may not I apply these words to our very time God saith I have giâ—em this Kingdome unto King Charles which is a mild just and most pious king and they that will say nolâ—mus hunc râ—gnare super â—os I will destroy them by his hand therefore o ye seduced Londâ—ners beleive not your false Prophets â—ay hearken not to your diuiners your Anabaptists and Brâ—wnistâ— that prcaâ—â— lies and lies 〈◊〉 lies unto you that you should perish for God hath not seâ—â— them though they multiply their lyes in his name therefore why will you dye why will you dâ—stroy 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 regiae Concil Mel dens apud Rossen l. 2. c. 5. de potest papae quae non est teste Apostolo nisi a Deo contumaci asslâ—to spiritu obtemperare irrâ—f agabil ter noluerit anathematizetur Whosoever resisteth the Kings Power and with a proud spirit will not obey him let him be accursed But then you will say this is strange doctrine that wholly takes away the liberty Ob. of the Subject if they may not resist regal tyranny I thinke there is no good Subject that loves his Soveraigne that will speake Sol. 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 so many Rebellious and Many evils do luâ—k under fair shewes aspiring mindes have under these colourable titles
Rents by you reserved and other particulars relating to the premises you are to give an exact and speedy Account unto Your very loving Friends Hen. Tichburn Joh. Stephens Hans Hamilton Ran. Clayton Alex. Piggot According to the purport of the above Letter We do hereby give notice unto all persons Concerned that Fryday next being the 30th of this Instant May We do intend to sett and dispose of all such Houses c. Which Letter we have thought fit to publish that so none might plead Ignorance Dated the 26th of May. 1662. Tho. Evans Rob. Lloyd Ol. Wheeler Will. Hamilton Hen. Brenn. Whereby all men may see how the Church and poor Bishop of Ossory do seem to stand in the hands of Scyron and Procrustes The Souldiers of the Vsurpers that fought against their King and do still detain the Church-land from the Bishop And now like that in the Canticles wounded in the house of our friends the Souldiers in 49. that were most faithful unto your Majesty do still seek to take away our Houses from the Church And if we lose both House and Land we may go to live in the Church and lie with the Levite in the Streets But as your Majesty hath been most Gracious to the Bishops and to all the Clergy so bountifull as to grant 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 Eli 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 beâ—t King on And to say the truth I blame not all the Souldiers and Commissionâ—d 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 housesof the Church Earth 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 Iowe 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 the occasion of this Treatise and what the Author doth therein Page 1. Chap. II. Of Sacriledge what it is how manifold it is and how it hath been alwayes punished and never escaped the Hand of the Divine Vengeance p. 4. Chap. III. The divers sorts and kinds of Sacrilegious persons And first of those that do it under colour of Law and upon the pretence of Reformation whereby they suppose their Sacriledge to be no Sacriledge at all p. 15. Chap. IV. Of two sorts of Sacrilegious persons that rob the Church of Christ without any colour or pretence of Law but indeed contrary to all Law p. 21. Chap. V. The words of King David in the 2 Sam 7. 1 2. and their divisions When they were spoken And how or in what sense Sitting and Standing are commonly taken in the Scriptures And of the two Persons that are here conferring together p. 27. 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 p. 31. Chap. VII The Objections of the Divines of Lovain and other Jesuites against the former Doctrine of the Prince his Authority â—ver 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 p. 37. Chap. VIII That it is the Office and Duty of Kings and Princes though not to execute the Function and to do the Office of the Bishops and Priests yet to have a special care of Religion and the true Worship of God and to cause-both the Priests and Bishops and all others to discharge the duties of God's Service And how the good and godly Emperours and Kings have formerly done the same from time to time p. 41. 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 Uathedral-Churches and Chappels for the people of God to meet in for the Worship and Service of God p. 46. Chap. X. The Answer to the Two Objections that the Fanatick-Sectaries do make 1. Against the necessity And 2ly against the Sanctity or Holiness of our Material Churches which in derision and contemptuously they call Steeple-houses p. 53. Chap. XI The Answer to another Objection that our Fanatick-Sectaries do make against the Beauty and Glorious Adorning of our Churches which we say should be done with such decent Ornaments and Implements as are besitting the House and Service of God The Reasons why we should Honour God with our goods and how liberal and bountiful both the Fathers of â—â—â— Old Testament and the Christians of the New Testament were to the Church of God p. 58. Chap. XII The Answer to another Objection that our brain-sick Sectaries do make for the utter overthrow of our Cathedrals and Churches as being so sowly stained and profaned with Popish Superstitions and therefore being no better than the Temples of Baal they should rather be quite demolished than any wayeâ— adorned and beautified p. 63. 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 Cathedrals and Churches are builâ— 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 Parochial 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 p. 67. Chap. XIV Of the maintenance due to the Bishops and Ministers of God's Church how large and liberal it ought to be p. 75. Chap. XV. That the payment of Tythes unto the Church is not a case of Custom but of Conscience Whenas the tenth by a Divine right is the Teacher's tribute and the very first part of the wages that God appointed to be paid unto his Workmen and therefore that it is as heynous a sin and as foul an offence to defraud the Ministers of this due as it is to detain the meat or money of the labouring-man which is one of the four Crying-sins p. 82. Chap. XVI The Answer to the Choisest and Chiefest Objections that the School of Anabaptists have made and do urge against the payment of Tythes now in the time of the Gospel p. 91. 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 p. 98. 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 p. 105. Chap. XIX That it is the duty of all Christian Kings and Princes to do their best endevours to have all the Impropriatioâ—s restored to their former Institution to hinder the taking away and the alienation of the Lands Houses and other the Religious Donations of our Ancestors from the Church of Christ and to suppress and 〈◊〉 all the Vnjust and Covetous sâ—ttle customs and frauds that are so generally used and are so derogatory to the service of God from
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 13. They are not ashamed to teach as they do practice that it is lawfull for What they say of their Covenants 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 15. They perswade the people to give no eare to any discourse of Accommodation To what they liken the kings pardons 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 16. They teach the Doctrine of coercion dedignifying degrading and decapitating Whence they learned their Divinity of Kings when they deeme them unworthy of that dignity and their arguments and reasons they collect and produce out of Dâ—lman Bellarm. Suarez and the Magazine of the most rigid Jesuites 17. They have so barbarously so irreverently and so prophanely abused our Service-Bâ—â—k that it would â—ath your â—ares 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 How contrary to 〈◊〉 doctrine Matth. 13. 19. they would root out all Papists the worst points of doctrine that they teach and yet being not well able to understand their tenets they hate Papists so much that they would root them out of their very being they would destroy all the Irish that are Papists and dâ—ive 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 diâ—inity 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 How they have wronged the Queen the Nobility Clergy Gentâ—y and Commons of this Land and their owne most gracious Queen for shewing Her love 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 Aâ—heldama's fields of blood they multiplyed the number of Widowes Orphanes and Theeves without number throughtout 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 How they laboured to call in the Scots spared neither pains nor cost to call in the Scots to assist them to perpetuate the War to fill our Kingdome with strangers and to make our calamities everlasting so they fell from evil to worse from discontent to schisme from schisme to open Rebellion and their Rebellion more wicked then any Rebels that we can reade of in any History which is the just judgment of God upon them that they which rebelliously run out of the Communion of Gods Church should most dâ—sperately run out of their own wits and refusing to be guarded by the Heavenly Angels should give themselves to be guided by the infernall Divels which made a merry fellow at the enumeration of their abhominable and indeed innumerable wickednesses to say Hell was never better then it is now because he thought the Divels were all in London or otherwise it were impossible that the The speech of a merry companion Citâ—zâ—ns which have received so many gracious offers of pardons from His Majesty and promises of other favours should still continue so wicked as they are so gulled and seduced by this Parliament faction that non suadâ—biâ— etiam si persuaseris because as S. Augustine saith impiamens nolit intellectum and they love to câ—zâ—n and cheat their own souls by new painting these old sins and calling their faction faith their madnesse zeale and their horrid Rebellion fighting for Religion but as the Poët saith Non tantiest civilia bella movere Whatsoever pretences move them to it this remedy will increase their miseries for if God be no more mercifull to us then their sin deserves it may end here in an universal destruction and hereafter in their eternall damnation for both not all the world see how God scourgeth us with the rod of our own furious madnesse and like as it befell the Ammonites and Moabites that fighting against the 2 Chron 20. 23. Israelites did help to destroy one another so we striving not against Israel but as we pretend both against the Edomites against falshood doe utterly destroy our selves Exempióque pari ruit Anglica turba suóque Marte cadunt coesi per mutua vulnera fratres And we that did keep our enemies in awe shall be now destroyed by the sons of our own mother but I confesse our Land abounds with sâ—ns and our sins have justly deserved this heavy punishment to light upon us yet I beseech our God to chastise us with his own hands and let us not â—all under the swords of the uncircumcised Philistines that are a people much more wicked then our selves and if he will let our soules live we shall praise his name 21. When they had most fraudulently gotten His Majesty to pâ—sse an Act which though really intended yet to many men seems a very strange Act to How they intended to get all Ireland to themselves refer the managing
of the affaires of Ireland to the Parliament of England then they took that course to root out all the Papists Irish English Brittish and indeed all the Inhabitants of Ireland except their own brotherhood for they could have soon descried the marke of the beast in all the rest which they â—hought would be most effectual to further their designe and to bring the whole Kingdom of Ireland to be inherited by their own faction that is to sell all the Lands of the Rebels to themselves for they knew none else would buy it at that time and in that manner as they determined and when they had thus locked the dooreâ— and stopped the way of all relief unto the distressed Protestants of that Kingdom they might sing Dimidium toti qui benè coepit habet For they had setled Scotland and they had now grasped Ireland and held it fast in Vulcans net and therefore now it might stay till they could reduce England to make a perfect work in all the three Kingdomes to the same forme of government both in Church and State as they projected for the other and because they would have some places of entrance into Ireland and hinder the Rebels to How they blinded the people by their proceedings possesse the whole Kingdome and also blind the eyes of the ignorant not to perceive their plot but to keep them still in some hope of redresse they sent such a party over and the Scots must be the most considerable part as might keep their own design on foot and yet yield not an inch of any comfort to the spoyled and expelled Protestant for they left that party which they sent thither rather as a prey to their enemies as having neither cloathes meat nor money then inabled by these accoâ—trements to subdue the Rebels as it is better and more fully declared by the Letter of the State of Ireland to the House of Commons then I can relate unto you And I being in Ireland seeing the deplorable state of that Kingdome the What the Author saw in Ireland miserable distress of the mangled starved and naked Protestants the little children calling and crying for bread and none to give it them many worthy Ministeâ—s begging or dying for want in the streets and the poore bare footed and hunger bitten Souldier lamenting his hard fortune to be transplanted out of Gods blessing into the warme sun from plenty and prosperity to be left as the Traveller betwixt Hierusalem and Hicrico halfe dead beâ—wixt merciless Rebells and more unmercifull friends neither wholly to be destroyed nor yet to be releived was much troubled and perplexed at these sad aspects and being intrusted by the Bishops my Brethren of that Kingdome to agitate the cause of the Church for our reliefe here in England and to that end having a Letter unto his Majesty and a Remonstrance of our distressed condition though with the great hazard of my life at Sea yet I arrived by Gods great blessing How used as soon as ever he came to his House in England and before I had been two dayes at home my house was surrounded with a Troope of Armed Souldiers they entred in seized upon my person searched every roome and every corner with a candle not leaving the bedstraw whereon my children lay unsearched they took all my papers and all the money they found in my house even my servants money to the summ of 40 and carried all with me their poor Prisoner to Northhampton and now I thought it was but an ill exchange to escape the Sea and to fall into the fire to shun the How a precise Church warden would have hindred a Bishop to preach Lion and to meeet a Beare to eschew the Rebels in Ireland and to fall into the hands of Traytors in England and I knew not why but onely that I had often Preached at Towâ—â—ster where being requested by Master Lockwood to supply the place the preâ—isâ— Church-wardens very peremptorily told me â— should not do it because I was a royalist and spake against the Parliament to whom I replyed that he had no such authority to hinder a Bishop to Preach and bad him look to mend his glasse-windowes that were all full of holes where the faces of the pictures were plucked out and in other Churches thereabouts that they should so honour and obey their King as God commandeth us for which refusal to be admonished I believe they are now and perhaps will be more hereafter sufficiently punished But the Committee there finding in me no cause worthy of death or of bonds Gods providence so mercifully watching over me that it stopped their eyes that they looked not on my Grand Rebellion which they had in their hands and would no doubt have utterly undone me had they but espied the Capitall title that I was dismissed and I confesse courteously used by Sir John Norwich Then afterwards when time served I repaired to His Majesty and having delivered my Letters I spake to Him and drew a Petition and I think I was the first that petitioned in this kind I do not repent it neither am I ashamed to confesse it and got some hands unto it as that worthy and noble Gentleman Colonel Onâ—ale can beare witnesse the sum whereof was that the Parliament having betrayed the trust that was reposed in them wholly deserted our relief and giving us none other comfort then what I expressed in my Discovery of Mysteries His c. 12. p. 24. Majesty would be pleased to consider that we were his Loyall Subjects and that the care of us was committed by God to him not to his Parliament who had left us in a worse condition then the Rebels had made us and therefore as he justly required our faith and alleageance so we humbly besought him that he would graciously vouchsafe unto us his princely care and assistance some waies to relieve us otherwise then by leaving us still in their hands till we and our families in the languishing expectation of our redresse should finally and irrecoverably perish while these crafty Merchants thus bought and sold us and under the pretence of reformation used all their endeavours to bring both Kingdomes to destruction CHAP. XIX Sheweth how the Rebellious faction have transgressed all the ten Commandments of the Law and the new Commandment of the Gospel how they have committed the seven 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 22. THey have in no small measure transgressed all the Commandments of 1. They adore and put their trust in that creature Ps 74. v. 4. 7 8. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Quis tibi in mentem dolorem imposuit ut haec perficias magni Dei ore relicto 2. How they have abused Gods house God the ten Commandments of the Law and the new Commandment of the Gospel For 1. The factious Rebels