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B08086 Apostolike obedience. Shewing the duty of subiects to pay tribute and taxes to their princes, according to the word of God, in the law and the Gospell, and the rules of religion, and cases of conscience; determined by the ancient fathers, and the best moderne divines; yea even by those neoterickes who in some other things, put too strict limits to regalitie. A sermon preached at Northampton, at the assises, for the countie, Feb. 22. 1626. / By Robert Sybthorpe Doctor in Divinity, vicar of Brackley.. Sybthorpe, Robert, d. 1662. 1627 (1627) STC 22526; ESTC S125965 19,014 42

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Minister of God for thy good verse 4. But it is just by the Law of Nature that we should give to those that minister for our good Therefore for Naturall Iustice sake Render to all their dues The Ruler beares not the sword in vaine but is the Revenger of wrath on them that doe evill verse 4. But there is no man which doth not evil in some things and consequently is subject to wrath and revenge Therefore even for Policies sake Render to all their dues Ye must be subject not onely for wrath but also because of conscience verse 5. But whatsoever a man is bound to doe for conscience as well as for feare every man is bound to doe in duty Therefore for duties sake Render to all their dues a Non mirum est Paulum tot modis rationibus commendare nobis obedientiam erga Magistratum afficile enim aliequi est superbos hominū sensus in hoc officio continere volumus enim omnes esse domini parere nemini Pet. Mart. in loc You pay tribute to Rulers for this Cause because they are Gods Ministers attending continually upon Government verse 6. But whatsoever men attend upon continually they are to bee paid that which is due for it and consequently Princes which attend upon government continually are to be paid the due for it which is Tribute Therefore for Conscience sake Render to all their dues And so from the Paraphrase I descend to survey the Particulars only let me entreat leave by the way that although the speciall scope of my Text aime at the dues to b Athana or Volgar or Theophil Aquin. Lyra. Bruco Claud. Calvin Marlorat Paraus all Princes whether good Governors or Tyrants as I shal also prosecute it yet I may not bee so tied up but that I may extend this All to al persons Princes People Magistrats and Ministers Superior inferior Nocent and Innocent as S. Ambrose Gorran Musculus and Rolloc understand it VVhere hence in stead of a Division let mee commend to your consideration these foure positions First c Vide Chrysost 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Anselm in loc Sedul Luther Ositud Muscul Arct. Brent Fulk c. That Christian liberty hath not freed us from Civill Obedience but that Christians are bound in duty one to another especially all Subjects to all their Princes according to the Lawes Customes of the kingdome wherein they live intimated in this word Dues Secondly That those duties to which Christians are so bound are not onely imposed upon some and others loose but as they are promiscuous so they are universall Duties implied in these words to all Thirdly That although there be duties to which Christians are so obliged and all have their part in the marter of that Obligation or Dutie yet they have it in a different degree or manner every one in his particular place and order designed in this word their Fourthly That those duties of every man according to his order to al Princes are not to be performed meerely for compulsory Necessity but voluntarily and cheerefully denotated in this word Give or Render Render therefore to all their dues First That Christian Liberty hath not freed us from Civill Obedience but that Christians are bound in duty one to another especially all Subjects to all their Princes according to the Lawes and Customes of that Kingdome wherin they live intimated in this word Dues VVhosoever can put difference between the body and the soule betweene this present transitory life and that eternall which is to come he shall easily understand That the spirituall Kingdome of Christ and the Civil government of Princes are things of a different nature Iohn 18.36 And that the liberty of the Soule frō Iewish or over numerous Ceremonies and of the body from subjection have no relation nor cary any correspondency the one to the other but that it is a Iewish error to inclose the kingdome of Christ under the elements of this world and to confound the licentiousnesse of the flesh with the liberty of the spirit sithence spiritual liberty may very well agree with civill bondage 1 Cor. 7.21 and it is not materiall whether thou be bond or free Iew or Grecian Barbariā or Scythian in what degree or estate or under the Lawes of what Nation thou livest so that thou keepe the Law of God inviolate Thou art bound to performe civil obedience to the Lawes of the Land where thou livest yea ex necessitate justitiae tenentur subditi saith a In loc Aquinas Subjects are bound to obedience by the double obligation of Iustice and of Necessity except they will suffer as Rebels or ill-doers or busie-bodies in other mens matter as b 1 Pet. 4.15 S. Peter phraseth it Or except they will have that inconvenience granted that the Generall Lawes or Government of a Nation must be dispensed withall according to the particular conceit and apprehension of every private person Whereout what Tolleration of heresie what Connivence at errors what danger of Schismes in the Church and Factions in the State must necessarily follow is easie to be conjectured so that the common Adage vnder Nerva's Empire would bee verified It is ill to live under a Prince under whom nothing is lawfull but worse to live under him under whom All things are lawfull under the one a Tyranny consumes some under the other an Anarchie confounds all which if we will avoid in a Christian Commonaltie then where the libertie of a few erroneous consciences brings the Bondage of many regulated Commands Calvin Instit lib. 3. cap. 19.12 Habemus necessitatem vindicandae Libertatis si * Such as were those false apostles who mixt Iudaisme with Christianity And such as are those factious Preachers who countenance Libertinisme and Disobedience to Princes vnder the color of Religion unjustly exacting that from the people to themselves which they ought justly to give to God and their King per iniquas exactiones pseudo-apostolorum ea infirmis in conscientijs periclitetur saith Calvin and we must preferre the generall before the particular and not let every one bee let loose to their list and affection but all must bee kept within the lists of their Dutie and Subjection Dues For the better accomplishment whereof wee must consider in the second place That those Duties to which Christians are so bound are not only imposed upon some and others loose but as they are promiscuous so they are universall Duties implyed in these words To all Which that wee may survay without Confusion we must consider that the a 1 Cor. 12. Body politike like the body naturall consists of the head and members Those Members either Confusedly make vp the Trunke or Corps or more Particularly are Distinguished into more or lesse principall The Superiour and Inferiour Orbe as Phisitians phrase it The Head represents the Prince or King The Truncke the Common-weale or people And as in the body Naturall euery Member hath his
Scot. they childishly answer that the primitive Christians obeyed their Rulers onely because they had not then power to resist which besides that d Et Clem. Rom. Recognit l 1. fol. 22 Aug c vid. Belson tract of Christian Subjection part S. Cyprian ad Demetrian clears to the contrary whilest he tels us Nemo nostrū quando apprehenditur reluctatur quamvis nimius copiosus e Et Widdrington Apol. cont Bellarm. pro. jure Princip et Confut. of the Reply of T.F. noster sit numerus I hope Saint Pauls doctrine both in this Chapter and 1 Tim. 2.1.2 and Saint Peters 1 Pet. 2.13.14 is the same to us it was to them yea and our Saviours Reddite Caesari Mat. 22.18 was not with a Rebus sic stantibus like that a Granted to the Papists in England at the procurement of Campian and Parsons 1580. Bull of Gregory the thirteenth O let us not therefore I say conceive to our selves such scruples as not to give Tribute where and when Tribute is due or to refuse a b For it is but borrowed Vid. Martin Hist of 20. Kings Ed. 3. an 14. 1339. p. 109. et Hollinshed Hen. 8. 1522. p. 874. ibid. ann 14. 15. 1523. p 877. an 34. 1541 p. 957. And the most if not al of those who best know the lawes of this kingdome haue lent at this time which assuredly they would not have done if they had not known that it was neither vnjust nor vnlawfull Loane or any other Aide which is not unjustly exacted and which is c In his Majesties commission and Proclamation promised shall not be immoderately demanded especially considering that thereby wee who are bound d 1 Iohn 3.16 to lay downe our lives for our brethren may by laying downe a little of our estates save our owne lives and our brethrens Yea further considering that it is not our brethren onely but our selves also that are in danger as is more than probable by the proceedings in forraine parts And further this may be considered also that not onely our bodies are in danger of warre and wounds but our soules of Heresie and Superstition Religion it selfe as it is established in this Kingdome being the marke that is shot at in this businesse Oh consider what it would availe to winne the whole world much lesse our wils and lose our soules And seriously consider how as Ieroboam tooke the opportunitie of the breach betwixt Rehoboam and his Subjects to bring Idolatry into Israel So the papists lye at waite if they could find a Rent betwixt our Soveraigne and his Subjects which the Lord forbid to reduce superstition into England I speake no more than I have heard from themselves whilest I have observed their forwardnesse to offer double a Anno primo Reg. Carol. the Act for the subsidie of the Laytie whereby Popish Recusants were to pay double according to an act of Parliament so providing yea to profess that they would depart with the halfe of their goods And how or why can this forwardnesse be in them but in hope to cast the imputation of frowardnesse upon us and so to seeme that which the Iesuite will not suffer them to bee loving and loyall Subjects Nor speake I this as a b For it is well knowne that I preached divers Sermons in the Lucture at Brackley to perswade to the reliefe and ayd of Religion the State and our afflicted Brethren and Confederates long before there was any speech of the Loane Sycophanticall Time-server nor as a Statizing Court Oratour or one who had left God to preach for the King as some are too apt uncharitably to censure unchristianly dividing God and the King Yea sooner would I with c Euseb l. 2. c. 23 Iames the first Bishop of Hierusalem have my braines beaten out with clubs or with d Idem l. 8. c. 20 Romanus the Martyr have my tongue plucked out of my head or with those ancient Martyrs of e Ibidem c. 12. Antioch or ours of later times burne off my own hand than my braines should be made the Instrument to invent my tongue to utter or my hand to write and defend that by which Christian Libertie should bee captivated Tyranny erected f Bacon Hen. 7 Heaven forced to descend to serve Earth Divinitie made the Handmaid of Policie or Religion the Stalking-horse of the State But out of an unfaigned feare of future Events at home and abroad to the Church and State out of an earnest zeale to God and Religion Out of a fellow-feeling of our Brethrens Miseries out of a religious desire that wee may all avoid that sentence from the Almighty Curse ye Meroz yea curse them bitterly because they went not out to fight the battailes of the Lord to helpe the Lord against the mightie Iudg. 5.23 Out of an affectionate indeavour that each particular may escape that imputation The divisions of Ruben were great thoughts of heart Iudg. 5.15.16 As of sinceritie as of God in the sight of God I speak my cōscience in Christ both concerning what is the duty of the due to the head of this body politike which is the King And I earnestly pray and stedfastly hope that hee which doth and they which shall sway the Scepter of this Kingdome will consider that a Ambros in loc Reddi vult ab omnibus debita quia et potentes sunt debitores inserioribus ut respondeant meritis illonem Sic Calv. Instit l. 4 c. 20. s 29. et conf Bohem. et Bucan c. 49. q. 30 et Chyt in procept 5 Rulers also owe mutuall duties to their Subjects as 1 to establish and defend Religion and the law of God as the Lord be praised ours hath done 2 to maintaine the fundamentall Lawes and Liberties of the Kingdome as wee may certainely perceiue hee doth and will doe 3 to provide for the Common Safetie and Peace of the Subjects as all may see he is doing 4 Not needlesly to exhaust nor prodigally to mispend the Treasure of the State which assuredly no man can say he hath done yea and I doubt not but he and they will easily discerne what a difference there is betwixt his happy Throne and the tottering State of those who should governe in a Common-weale where the Religion was directed by b L. 5. de Pont. Rom. c 6.7 Bellarmine c Jnstit Cathol tit 46. s 75. Simancha d L. 1. instr c. 13 Tolet e Doleman Parsons f Philopater Creswell g De visib Monarch l. 2. c. 4. Saunders h Didymus p. 261 Stapleton and that i Jes l. de justa abdicat p. 46. Raynaldus de justa autorit p. 8 Azorius Inst mor. c 15. Bozius de Eccl. monarch temporal ad Clem. 8. Iesuited societie Or by k De iure reg apud Scot. Buchanon l Apol. et Histor Knox m De Polit. Christ l. 2. c. 6
Iacob 21. Pole money of all Strangers Denisons or not And Statute for Subsidie Carol. 1 Pole money of al Strangers Denisons or not And also of convict Recusants above 17 yeares being not Subsidy men And in many other places of our Statutes Habet ius exigendi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ordinaria Tributa seu taleam De Pole money of their persons at some times and upon some occasions Tribute being due to Princes by a Triple Obligation as f In vers 6. observat 2. Paraeus affirmes who I hope all will confesse is no parasite to them Iure 1 divino 2 naturali 3 civili By the Law of God as the signe of our subjection by the Law of Nature as the reward of their paines and protection by the Law of Nations as the sinewes of the States preseruation Sithence that without money Soldiers cannot be waged for warre Counsellors cannot be supported for peace Intelligence cannot bee procured from abroad Lawes cannot bee executed at home nor Church can flourish nor Common-weale stand firme The consideration of which things no question made g Ad Philip. Ep. Polycarpus h Ep. ad Tolos Martialis i In Apol. pro Christian ad Anton. Pium. Iustin Martyr k Vbi supra ad Scapul Tertullian l In Iul. orat 1. Greg Nazianzen m Ep. 33. Ambrose n Ep. 42. ad frat Madaur August o In Mat. can 23. Hilarie p Sent. 99. Prosper q Vbi supra Cyril r Ep. 170. ad Reg. Ludovic Bernard ſ In Roman Anselme but what name I so many yea all Antiquity to bee absolutely for absolute obedience to Princes in all civill or temporall things And the more moderate moderne Divines as t Sleid. Com. l. 5. Luther u In Resp ad Artic. Rusticorum Quando quid praecipitur contra publicam justitiam cuius generis sunt bonorum exactio aut corporis vexatio subditum in hujusmodi injuriis obedientia decet Brentius x Apud Luth. tom p. 463. Quamvis videamur promisisse obedientiā hac cōditione siligitime imperet Magistratus tamen nō ideo licet injustā vim Magistratꝰ vi depellere Vid Aret. loc 153. Melancthon z Instit l. 4. c. 20 s 24. to 30 ac ubi supra Calvin a Vbi supra Beza b Sub Hen. 8. de Christ hom instit Cranmer and the Bishops and Divines of England c The opinion of the Congregation Art 39. Edit An. 1564 The Ministers of the Reformed Churches d We know that though we bee free we ought wholly in true faith holily to submit our selves to the Magistrate both with our body and with all our goods vide Harm conf tit Civil Magistr the former Confession of Helvetia the Confession of e Art 36. All men of what dignity state or condition soever they be ought to be subject to their lawfull Magistrates and pay unto them Subsidies and Tributes and obey them in al things which are not repugnant to the Word of God Vide ubi supra Belgia f Vbi supra Bucanus g De Magistrat Chytreus yea and h In loc Paraeus some of which otherwise are not so just to Princes acknowledge in this particular That if a Prince impose an immoderate yea an unjust Taxe i True Pietie bindes the subject to desire a good Soveraigne but to beare with a bad one and to take up the burthen of Princes with a bended knee rather in time to deserue abatement then resist authoritie View raigne Hen. 3. yet the subject may not thereupon withdraw his obedience and dutie Nay hee is bound in conscience to submit as under the scourge of his sinne for Quanquam actio immoderata sive expilatio injusta est tamen passio est justa saith Bucanus So that as Paraeus for I still intend especially to make use of Anti-royalists because they cannot be excepted against in this point as Paraeus I say observes upon those words vers 6. For this cause pay you Tribute also Non dicit Apostolus propter hoc etiam Tributa exigunt sed Tributaeis solvitis docens semper justè solvitributa à subditis licèt aliquando non justè exigantur à Magistratu The Apostle doth not say For this cause they exact Tribute but you pay them Tribute thereby teaching that Tribute may alwayes bee justly and with a good conscience paid by the subject although it be sometimes unjustly imposed and exacted by the Ruler and he gives the instance in the Iewes and Romanes Romani malè ad se traxerunt censum Templi quem justè pendebant Iudaei And we might amplifie it in our Saviour paying tribute although free rather working a Miracle to pay than have offence taken by the Ruler Mat. 17.25.26.27 Nor was this onely the Custome of Conquerers in forraine Kingdomes which they invaded but even of Native peacefull Kings to their naturall Subjects in those Dominions whereto they were elected or wherein they succeeded as appeares in a Non id jure facturi erant reges quos optime ad omnem continentiam lex instituebat sed jus in populum vocahatur cui parere ipsi necesse esset nec obsistere licet ac si dixisset Samuel eò se proripiet licentiae Regum libido quam cohibere vestrum non erit quibus hoc restabit unum jussa excipere ac dicto audientes esse Cal. 4. inst cap. 20. § 26. I dispute not here whether this be jus Regni or praxis Regum but suppose it be but the practise of Kings more than right yet ye see Calvins judgment is Hos unum restat jussa excipere Saul taking both the substance and Persons of the Israelites 1 Sam. 8.11 to 17. And in Solomon laying Taxes upon the same people 1 Reg. 12.4 And how fearfull the very indeavoring to shake off these Burthens though too heavie to beare hath proved may appeare by that instance never to be imitated of that people in Rehoboams time where the attempt to free their bodies and states from Soveraigne Invasion captivated their soules under Idolatrous Superstition 1 Reg. 12.16.26.33 Oh let not us then conceive to our selves a Conscience grounded upon suspicious conjectures de futuris contingentibus concerning which no man can set downe certainties And we are bound to beleeve the best concerning all men much more concerning our Soveraignes promises as b Quibus debetur candor justitia politica distributiva cu jus est interpretari omnia in bonam partem proximo non detrahere detrahentibus aures non praebere cum quo pugnat calumnia seu obtrectatio suspicacitas diffidentiae Polanus and Tilenus truly Nor let us square our consciences by the Lesbian Rule of Iesuites and Schismatikes contrary to all the current of Antiquity as even themselves are forced to confesse whilest c Bellarm. de Ro. Pont. Buchanon de jure Regn. apud
Danaeus n Conference c. and before the King and Councell Decemb 21. 1585. Iames Gibson o In Q Maries time c. vid. Bilson part 3. cit p. 516. Goodman before the time of his Recantation and that factious fraternitie The one of which makes the Church above the King and the Pope above the Church and so dethrones Princes by his Thunderbolts of Excommunication and Deprivation The other make the Law above the King and the people above the Law and so depose Princes by their Tumults and Insurrections yet that I may not wrong them nor we wrong our selves and our Soveraigne by opinions borrowed from them but misunderstood the later sort if I understand stretch not so farre as against an Hereditary successive Ruler but onely to those a Paraeus in loc explic dub de potestate civili proposit 2. rat 3. And Buchanon de jure regni apud Scon about the latter end of that factious discourse layes the like ground for all his Rebellious positions qui constituuntur vel per populi consensum vel per senatum velper electores velper alios Magistratus who are placed over the people 1 either by the consent of themselves in general 2 or by the Senate or Parliament in special 3 or by Electors in particular 4 or by other Magistrates and Rulers which are Superiours And of these they hold that quorum est constituere eorum est etiam enormiter grassantes coercere which paradoxe although I have not time to dispute yet I may conclude positively that howsoever this trencheth not upon our Princes nor warranteth any waywardnesse in our State And therefore I leave them and their digladiations about Elective Dignities and praying for the peace of our hereditary setled Kingdome descend to take a view of the Trunke of this body Politick which is the Common-weale Where although I name onely the Common-weale yet I would not be understood as if I intended to exempt the Clergie The Church and State being so nearely united that though they may seeme two bodies yet indeed in some respects they may be accounted but as one in as much as they are made up of the same men which are differenced onely in relation to spirituall or civill ends so that whereas vers 1. Every soule is injoyned to be subject in performance of this dutie Ostendit Apostolus quod ista imperentur omnibus sacerdotibus monachis non solùm secularibus Etiam si Apostolus sis si Evangelista si Propheta sive quisquis tandem fueris saith S. Chrysostome whatsoever the Pope and his Shavelings glosse to the contrary But leaving them as not so fit subjects for the present occasion Although the Common-weale be safest and most beautifull when it is at unitie in it selfe and divisions are alwayes dangerous yet that the speciositie may the better appeare to us wee must survey it by particulars Of which the remainder of this short houre here will give us leave to shew but a few Nor know I whether the Law should be reckoned in this ranke or as a medium betwixt the Prince and People But whereas the Law is a mute Iudge and the Iudge a speaking Law so that these two are sometimes Termini convertibiles and the State can as ill stand without the one as the other the Law restraining the Iudges affection and the Iudge supplying the Lawes defect I will here point at them promiscuously in these foure particulars following The Dutie therefore of the Law and Interpreters of the same is First to be just without tyranny not Sic volo sic jubeo stet pro ratione voluntas That were too cruell for a Conqueror Secondly Equall without partialitie The same Law shall be to him that is borne in thine house and to the stranger Exod. 12.49 And thou shalt not respect the person of the poore nor the rewards of the rich in judgement Exod. 23. this is needfull even for a Iustice in the country Thirdly They must be moderate without extremity for Summum jus summa injuria But this is most proper for an arbitrary triall or the Chancery Fourthly They must be plaine without ambiguitie Not like those Lawes in the Conquerors time of which Hollinshed complaines that the peoples estates were confiscate before they knew the Law or understood the meaning of it And this I take to bee proper and peculiar to you who are the Reverend Grave Interpreters in these Solemne Iudicious Assemblies which I hope you will so explaine that these times shall not need to complaine that they are made snares and traps to catch men Ieremie 5.26 And as there are these Duties of the Law and Law-givers so is there Due to the Law First Execution which is the life of it and secondly Obedience which is the fruit of it or else lastly punishment which is the power of it So that whosoever will not doe the Law of God and the Law of the King the Iudges must judge him and let judgement be executed speedily upon him whether it be unto death or unto banishment or to confiscation of goods or to imprisonment Ezra 7.25.26 Wherein I need not to pursue the explanation of what is due to every particular offendor As that he who is a Traitor to the King should bee destroyed and made an Example of obloquie to posteritie as Big-than and Teresh Esth 6.2 He that sheds mans blood by man shall his blood be shed Gen. 9.6 He that wounds another must suffer an eye for an eye and a tooth for a tooth Exod. 21.24 Although not lege talionis yet Retaliationis by making satisfaction vers 19. He that endeavors to damnifie anothers credit by false rumours or his state by false witnesse as he would have done to another so shall it be done to him Deut. 19.16 to 20. either patiendo by suffering punishment or faciendo by paying Damage or by both These I say and infinite others neither will time permit nor doth your experience stand need nor will the difference betwixt the Iewish and Christian Common-weales give leave to parallell in all particulars Onely as I am assured that you which are to judge will doe it as for the Lord and not for men 2 Chron. 19.6 So I humbly and earnestly entreat for I will not presume to advise whereas by the Law of God a disobedient riotous person and a drunkard upon complaint of the parents was to bee stoned Deut. 21.20.21 yea and by the lawes of this Land such are to be severely punished And whereas there are daily complaints of their naturall parents although not coram Iudice against them with sighes and teares whilest they feele their substance exhausted heare their names discredited see their neighbours abused yea oftentimes their owne lands which they in hope to advance them passed over to them passed away and wasted in their life time and all their hopes frustrated And whereas almost hourely their spirituall Parents complaine against them in the Pulpit and their