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
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
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
the whole Kingdom into my hands then they do all answer We are willing to do all this And then he saith again Therefore from hence-forth oris mei sermo gladius meus erit the word of my mouth shall be the sword of my power then all the people do applaud him And a little after he saith in ejus manibus seu potestate omnia sunt all things are in his hands and power no Aubarus l. 8. p. 141. man dare say this is mine or that is his no one man may dwell in any part of the Land but in that which is assigned unto him by the King Nomini licèt imperatoris verba mutare nomini latae ab illo sententiae qualicunque modo contraire and no man dares alter the Kings words nor gain say his sentence whatsoever it is And we read that the Turk is as absolute in his Dominions and as readily obeyed in his commands as the Tartar and yet these Subjects learn this duty of honour and obedience unto their Kings onely by the light of nature and if grace and the Gospel hath made us free from this slavish subjection should we not be thankful unto our God and be contented with that liberty which he hath given us but because we have so much we will have more * And as the Poet saith Like Subjects arm'd the more their Princes gave They this advantage took the more to crave Lucan lib. 1. and seeing God hath delivered us from the rage of tyrannous Kings we will free our selves from all government and disobey the commands of the most â—lâ—ment Princes We may remember the fable of the Frogs where they prayed unto Jupiter to haue a King and what was the success thereof omnia dat qui just a negat and he that undutifully denyeth his due obedience may unwillingly be forced to undue subjection as the Israelites not contented with just Samuel shall be put under an unjust Saul So God may justly deal with us for our injustice towards our King to deny that honour unto him which God commanded to be given and the very Heathens have not detained from their Kings But 3. â—est with Saint Paul we should be blamed though unjustly for bringing 3. Christians the uncircumcised Greeks into the Temple for alleadging the disorderly practice of blinde Heathens to be a pattern for these zealous Christians which thing notwithstanding our Saviour did when he preferred Sodom and Gomorrha before Capernaum yea Tyrus and Sidon before Corazin and Bethsaida we Matth. 11. 21. cannot want the example of good Christians and a multitude of most holy Martyrs 1. Christ himself exhibited all due honour unto wicked kings to shame the practice of these prophane hypocrites For 1. Christ himself the authour and the finisher of our faith never left any plainer mark of his religion then to propagate the same by patience as on the other side there cannot be a more suspitious sign of a false Religion then to enlarge it and protect it by violence and therefore when the Inhabitants of a certain Samaritane village refused to admit Christ and his Disciples into their Luke 9. 54. 1 Reg. 18. 2 Reg. 1. Town and so renounced him and his Religion James and John two principal members of his Court remembring what Elias did in the like case asked if they should not command fire to consume them as Elias did that is if they should not use their best endeavours and be confident of Gods assistance to destroy those prophane rejecters of Christ and refusers of his religion Our Saviour though ever meeke yet now moved at this their unchristian thought rebuked them with that sharpness as he did Saint Peter when he committed the like errour and said You know not what manner of spirit you are of as if he had said Matth. 16. 23. you understand not the difference betwixt the profession of Elias and my religion for he was such a Zelot that jure zelotarum and the extraordinary instinct of Gods spirit that was in him might at that time when the Jews were governed by a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Josephus saith and God presiding as it were their King amongst them and interposing rules by his Oracles and other particular directions that should oblige and warrant them as well as their standing Law do this or the like act though not authorized by any ordinary Law and those actions thus performed are as just and as legal as any other that proceed from the authority of the supreame Magistrate but that dispensation of the Prophets is now ended and the profession of my Disciples must be far otherwise for I do not authorize my servants to pretend to the spirit of Elias or to do as Phineas and others extraordinary men among the Jews have done but they must learn of me to be meeke and lowly in heart and rather to suffer wrong of Matth. 11. 29. others then to offer the least injury unto their meanest neighbour much less to resist their supreame Magistrate And when Christ was apprehended not by any legal power of the supreme How Christ carried himself before Pilate and the High-Priests Magistrate but by the rude servants of the High Priests and Saint Peter as zealous for his Master as our Zealots are for their Religion drew his sword and smote off Malchus ear a most justifiable and commendable act a man would think to defend Christ and in him all Christianity our Saviour bids him put up his sword and he adds a reason most considerable to all Christians for all they that take the sword shall perish by the sword that is all they that without lawful authority take the sword to defend me and my religion with the sword they deserve to suffer by the sword and it is very well observed by the Author of resisting the lawful Magistrate upon colour of religion that the two parallel places Pag. 6. quoted in the margent of our Bibles are very pertinent to this purpose for that Law concerning the effusion of bloud being not any prohibition to the legal Gen. 9. 6 cutting off of Malefactors is notwithstanding urged against S. Peter to shew that his shedding of bloud in defence of religion was altogether illegal and prohibited by that Law and the other place where immediately after these words He that killeth with the sword must be killed with the sword the Holy Revel 13. 10. Ghost adjoyneth here is the patience and the faith of the Saints doth most clearly shew that all forcible resistance is inconsistent with the religion of the Saints because their faith must be ever accompanied with their patience and it is contrary to their profession to save themselves by any violent opposition of them that have the lawful authority But that example which is unparallel'd is the suffering of Christ under Pontius Pilate for the whole course of their proceeding against Christ was illegal when as no Law can be
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.
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
13. 1. 1 Pet. 2. 13. How the Rebels swore and forswore themselves Kings at their admittance to any office to beare faith and true alleagiance to His Majesty at the beginning of this last Parliament to maintain the Kings just rights and all the priviledges of Parliament together with the liberty and property of the Subjects and yet immediately to forget their faith to break all these oathes and to make ship wrack of their conscience to drive the Bishops out of their House which is one of the first and most fundamentall priviledges of the Parliament they being the first of the three Estates of this Kingdome to take away not some but all the Kings rights out of his hands and to make him no King indeed to take away all our goods our liberties and our lives at their pleasure Holland and Bedford shew'd what trust is to be given them and then to assure the Divel they would be faithfull unto him which were thus faithlesse unto God to sweare again and make a solemne Covenant with Hell they would never repent them of their wickednesse but continue constant in his service till they have rooted out whom they deemed to be Malignants though Proverb 21. the King who is wise as the Angel of God that hath the Kings heart in his hand and turneth it like the Rivers of waters where he pleaseth knoweth best what to No trust to be given to lyars and perjurers 2 Sam. 20. 20. 16. do as God directeth him yet for mine own part either in Peace or War I I would never trust such faithlesse perjured creatures for a straw and seeing that to spare transcendent wickedness is to encrease wickednesse and to incourage others to the like Rebellion upon the like hope of pardon if they failed of their intention if our great Metropolis of London partake not rather of the wise spirit of the men of Abel then of the obstinacy of the men of Gibeah and delivered not unto the King the chiefe of those Rebells that rose up against him I feare that Judg. 20. Gods wrath will not be turned away but his hand will be stretched out still until he hath fullfilled his determined visitation upon this Land and consummated all with their deplorable destruction even as he did those obstinate men of Gibeah and Benjamin for though the King beyond the clemency of a man and the How the King desired the good of the Rebels expectation of any Rebell hath most Christianly laboured that they would accept of their pardon and save themselves and their posterity yet their wickednesse being so exceedingly great beyond all that I can finde in any history Rebellion it selfe being like the sin of witchcraft the Rebellion of Christians far worse and a Rebellion against a most Christian pious Prince worst of all and such a Rebellion ingendered by pride fostered by lyes augmented by perjury continued by cruelty reâ—using all clemency despisâ—â—â— all piety and contemning The unspeakable greatness of their sins God their Saviour when they make him with reverence be it spoken which is so irreverently done by them the very pack-horse to beare all their wickedness being a degree beyond all degrees of comparison hath so provoked the wrath of God against this Nation that I feare his justice will not suffer their hearts that can not repent accept and imbrace their own happiness till they be purged with the floods of repentant teares or destroyed with the streames of Gods fearefull vengeance which I heartily beseech Almighty God may by the grace of Christ working true repentance in them for themselves and reducing them to the right way be averted from them And the best way that I conceive to avert it to appease Gods wrath and to turne away his judgements from us is to returne back the same way as we proceeded hitherto to make up the breaches How we may recover the peace and prosperity of this Land of the Church to restore the Liturgie and the service of our God to its former purity to repeale that Act which is made to the prejudice of the Bishops and Servants of God that they may be reduced to their pristine dignity to recall all Ordinances that are made contrary to Law and derogatory to the Kings right and to be heartily sorry that these unjust Acts and Ordinances were ever done and more sorry that they were not sooner undone and then God will turne his face towards us he will heale the bleeding wounds of our Land and he will powre down his benefits upon us but till we do these things I do assure my selfe and I beleive you shall finde it that his wrath shall not be turned away but his hand will be stretched out still and still untill we either do these things or be destroyed for not doing them King James his speech made true by the Rebells Thus it is manifest to all the World that as it was often spoken by our sharpe and eagle-sighted Soveraigne King James of ever blessed memory no Bishop no King so now I hope the dull-ey'd owle that lodgeth in the desart seeth it verifyed by this Parliament for they had no sooner got out the Bishops but presently they laid violent hands upon the Crowne seized upon the Kings Castles shut him out of all his Townes dispossest him of his owne houses took How the Rebells have unking'd our King away all his sâ—ips detained all his revenues vilified all his Declarations nullified his Proclamations hindered his Commissions imprisoned his faithful Subjects killed his servants and at Edge-hill and Newbury did all that ever they could to take away his life and now by their last great ordinance for their counterfeit Seale they pronounce all honours pardons grants commissions and whatsoever else His Majesty passeth under his Seale to be invalid void and of none effect and if this be not to make King Charles no King I know not what it is to be a King so they have unking'd him sine strepitâ— and as the Prophet saith Hos 8. 4. they have set up Kings but not by me they have made Princes and I knew it not but whom have they made Kings even themselves who in one word do What kings they would have to rule us and have now exercised all or most of the regall power and their Ordinances shall be as firm as any Statutes and what are they that have thus dis-robed King Charles and exalted themselves like the Pope as if they were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the great Antichrist above all that are called Gods truly none other then king Pym king Say king Faction or to say the truth most truly and to call a spade a spade king perjurers king murderers king traytors * Which S. Peter never bade us honour The Rebells brave exchange Psal 146. 20. and I am sorry that I should joyne so high an office so sacred a thing as King to such wicked persons as I
made him a man made him Emperour and he that gave him his spirit gave him his power And Irenaeus saith God ordained earthly Kingdomes for the benefit of the Gentiles Et cujus jussu homines nascuntur illius jussu reges constituuntur And by whose command That God is the ordainer of all kings Aug de Civit. Dei l. 4. c 33. men are born by his command Kings are made And S. Augustine more plainly and more fully saith God alone is the giver of all earthly Kingdomes which he giveth both to the good and to the bad neither doth he the same rashly and as it were by chance because he is God but as he seeth good Pro rerum ordine ac tempore in respect of the order of things and times which are hid from us but best known unto himself and whosoever looketh back to the original of all governments he shall find that God was the immediate authour of the Regal power and but the allower God the immediate authour of Monarchy and confirmer of the Aristocratical and all other forms of government which the people erected and the Lord permitted lest the execution of judgement should become a transgression of justice for as Homer saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hom. Odyss â— And Aristotle tells us that the Regal power belonged to the father of the Aristot Polit. l. 1. c. 8. family who in the infancy of the world was so grandevous and long-liv'd that he begat such a numerous posterity as might well people a whole Nation as Cain for his own Colony built a City and was as well the King as the father of all the Inhabitants and therefore Justin saith very well that Principiâ— rerum Gentium nationumque impâ—rium penes reges erat The rule of Justin l. 1. Nations was in the hands of Kings from the beginning and the Kingly right pertaining to the father of the family the people had no more possibility in right to choose their Kings then to choose their Fathers and to make it appear unto all Nations that not onely the Kings of Israel but all other Heathen Kings are acknowledged by God himself to be of divine institution he calleth Nebuchadnezzar his servant and Cyrus Jerem. 43. 10 Esay 45. 1. his annointed And therefore though I do not wonder that ignorant fellows should be so impudent as to affirm The King or kingly government to be the Ordinance Jo. Goodwin in his Pamphlet of Anti-Gavalierism p. 5. or Creation or creature of man and to say that the Apostle supposeth the same because he saith Submit your selves to every Ordinance of man for the Lords sake whether it be unto the King c. whereas he might well understand that the same act is oftentimes ascribed aswel to the mediate as to the immediate agent as Samuel's annointing of Saul and David Kings denieth not but that God was the immediate giver of their Kingdomes and the Authour of that regal power for God annointed Saul Captain 1 Sam. 1â— over his inheritance and by the mouth of Nathan he telleth David that he annointed him King over Israel and Solomon acknowledgeth 2 Sam. 12. 1 Reg. 2. 1 Reg. 11. 1 Sam. 11. 15. that the Lord had set him on the Seat of his Father David and Abijah in the person of God saith unto Jeroboam I will give the Kingdome unto thee and yet it is said that all the people went to Gilgal and made Saul King before the Lord and the men of Juda annointed David King of Juda and Zadock the Priest and Nathan the Prophet 2 Sam. 5. annointed Solomon King that is God annointed them as Master of the substance and gave unto them regal power in whom is all power primariò per se and the Prophets a â—ointed them as Masters of the Ceremony and declared that God had given them that power And therefore the power and authority of Kings is originally and primarily Constituere regem est facere ut regiam potestatem exerceret Pinedaâ— de reb Solom c. 2. as Saint Paul saith the Ordinance of God and secondarily or demonstratively it is as Saint Peter calleth it the ordinance of man when the people whose power is onely derivatively makes them Kings not by giving unto them the right of their Kingdomes but by receiving them into the possession of their right and admitting them to exercise their royal authority over them which is given them of God and therefore ought not to be withstood by any man And this Anti-Cavalier might further see that Saint Peter meaneth not that the King is the creature of man or his Office of mans Creation but that the Lawes and Commands of Kings though they be but the Commands and Ordinances of man yet are we to â—bey the same for the Lords sake because the Lord commandeth that Every soul should be subject to the higher powers Or if this will not satisfie him because the Greeks word is not so plain for this as the English yet let him look into Pareus that was no friend to Monarchy and he shall find that he doth by seven speciall reasons prove that the authority of Pareâ—s in Rom. c. 13. p. 13. 27. Kings is primarily the Ordinance of God and he quoteth these places of Scripture to confirm it Proverbs 8. 15. 2 Chron. 19. 6. Psalm 81. 6. Joh. 10. 34. Genes 9. 6. 1 Sam. 15. 1 Kings 12. 2 Kings 9. Dan. 2. 21. Job 34. 30. Eccles 10. 8. And to this very objection he answereth that the Apostle calleth the Magistrate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an humane Ordination or Creation not causally because it is invented by man and brought up onely by the will of men but subjectively because it is born and executed by men and objectively because it is used about the government of humane society and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in respect of the end because it is ordained of God for the good and conservation of humane kind and he saith further that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 appellatio the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ad Deum primum autorem nos revocat sheweth plainly that God is the first author of it for though the Magistrate in some sense as I shewed may be said to be created that is ordained by men yet God alone is the first Creatour of them as Aaron though he was ordained the high-Priest by Moses yet the Apostle tells us None taketh this office upon him but he that in called of God as Aaron was Yet I do admire that Buchanan or any other man of learning to satisfie the people or his own peevish opinion will so absurdly deny so divine and so well known a verity and say that any Kings have their Kingdomes and not from God so flatly contrary to all Scripture CHAP. VII Sheweth the Reasons and Examples that are alledged to justifie Rebellion and a full answer to each of them God the immediate Authour of Monarchy
deal of difference betwixt a lawful King and an Usurper 2. Example answered An impertinent example of Israel but an alien an usurper and a scourge to them for their sinne and therefore no pattern for others to rebell against their lawful King 2. For the example of Ezechias rebelling against the King of Assyria it is most impertinently alledged for Ezechias was the lawful King of Juda and the King of Assyria had no right at all in his Dominions but being greedily desirous to enlarge his territories he incroached upon the others right and for his injustice was overcome by the sword in a just battell and therefore to conclude from hence that because the King of Juda refused to obey the King of Assyria therefore the inferiour Magistrates or Peers of any Kingdome may resist and remove their lawful Prince for his tyranny or impiety surely this deserves rather fustilus retundi quà m rationibus refelli to be beaten with rods then confuted with reasons as Saint Bernard speaketh of the like Argument And whereas they reply that it skilleth not whether the Tyrant be forreign as Eglon and the King of Assyria were or domestique as Saul Achab The absurdity of their replication and Manasses were because the domestique is worse then the forreign and therefore the rather to be suppressed I will shew you the validity of this argument by the like The seditious Preachers are the generation of vipers nay farre worse then vipers because they hurt but the body onely and these are pernicious both to body and soul therefore as a man may lawfully kill a viper so he may more lawfully kill any seditious Preacher But to omit their absurdity let us look into the comparison betwixt domestique Quia Dare absurdum non est solvere argumentum and extranean Tyrants and we shall find that domestique Tyrants are lawfully placed over us by God who commandeth us to obey them and forbiddeth us to resist them in every place for the Scripture makes no distinction betwixt a good Prince and a Tyrant in respect of the honour reverence and obedience that we owe unto our superiours as you see the Lord doth not say Touch not a good King and Obey righteous Princes but as God saith Honour thy father and thy mother be they good or bad so he saith Touch not the King resist not your Governours speak not evil of the Rulâ—rs be they good or be they bad and therefore Saint Paul when he was strictly charged for reviling the wicked high-Priest answered wisely I wist not brethren that he was Gods High-Priest for if I had known him to be the true High-Priest I would not have spoken what I did because I know the Law of God obligeth me to be obedient to him that God hath Bad kings to be obeyed as well as the good placed over me be he good or bad for it is Gods institution and not the Governours condition that tyeth me to mine obedience So you see the mind of the Apostle he knew the Priest-hood was abolished and that he was not the lawful High-Priest therefore he saith God shall smite thee thou whited wall But if he had known and believed him to be the true and lawful High-Priest which God had placed over him he would never have said so had the Priest been never so wicked because the Law saith Thou shalt not revile thy Ruler But for private robbers or forreign Tyrants God hath not placed them over us nor commanded us to obey them neither have they any right by any Law but the Law of strength to exact any thing from us and therefore we are obliged by no law to yield obedience unto them neither are we hindred by any necessity either of rule or subjection but that we may lawfully repell all the injuries that they offer unto us 3. For the peoples hindring of King Saul to put his son Jonathan to death 3. Example answered Saul was contented to be perswaded to spare hâ—s son I say that they freed him from his fathers vow non armis sed precibus not with their weapons but by their prayers when they appealed unto himself and his own conscience before the living God and perswaded him that seâ—ting aside his rash vow he would have regard unto justice and consider whether it was right that he should suffer the least damage who following God had wrought so great a deliverance unto the peohle as Tremelius and Junius in their Annotations do observe And Saint Gregory saith The Gâ—egor in 1 Reg. 4. people freed Jonathan that he should not die when the King overcome by the instanâ—e of the people spared his life which no doubt he was not very â—arnest to take away from so good a son 4. Touching Ahikam that was a prime Magistrate under King Jehoiakim 4. Example answered I say that he defended the Prophet not from the Tyranny of the King but from the fury of the people for so the Text saith The hand of Ahikam that is saith Tremelius the authority and the help of Ahikam â—erem 26. 24. was with Jeremy that They that is his enemies should not give him into the hands of the people which sought his life to put him to death because Ahikam had been a long while Counsellour unto the King and was therefore very powerful in credit and authority with him And you know there is a The act of Ahikam no colour for Rebellion great deal of difference betwixt the refraining of a tumultuous people by the authority of the King and a tumultuous insurrection against the King That was the part of a good man and a faithful Magistrate as Ahikam did this of an enemy and a false Traytor as the opposer of Kings use to do 5. For the defection and revolting of the ten Tribes from Rehoboam 5. Example answered their own natural lawful King unto a fugitive and a man of a servile condition and for the Edomites Lybnites and others that revolted against King Joram and that Conspiracy which was made in Jerusalem against 2 Chrâ—n 21. 2 Reg. 14. 19. Amazia I answer briefly That the Scriptures do herein as they do in many other places set down rei gestae veritatem non facti aquitem the truth of things how they were done not the equity of the things that they were rightly done and therefore Non ideô qura factum â—ctions commanded to be done are not to be imitated by us unlâ—sse we be sure of the like commandement legimus faciendum credamus ne violemus praeceptum dum sectamur exemplum We must not believe it ought to be done because we read that it was done lest we violate the Commandement of God by following the example of men as Saint Augustine speaketh for though Joseph sware by the life of Pharaoh the Midwives lyed unto the King and the Israelites robbed the Aegyptians and sinned not therein yet we have no warrant without sinne to follow
The power of the King to call a Parliament to deny what he will and to dissolve it when he will Why our King suffereth BUt when all that hath been spoken cannot satisfie their indignation against true obedience and allay the heat of their rebellious spirits they come to their ultimum refugium best strength and strongest fort that although all others should want sufficient right to crosse the commands and resist the violence of an unjust and tyrannical Prince yet the Parliament that is the representative body of all his Kingdom and are intrusted with the goods estates and lives of all his people may lawfully resist and when necessity requireth take arms and subdue their most lawful King and this they labour to confirm by many arguments I answer that for the Parliament of England it is beyond my sphere and I being a transmarine member of this Parliament of Ireland I will only And whatsoever I speak of Parliaments in all this Discourse I mean of Parliaments disjoyned from their King and understand only the prevalent faction that ingrosseth and captivaâ—eth the Votes of many of the plain honest minded party which hath been often seen both in general Councels and the greatest Parliaments direct my speech to that whereof I am a Peer and I hope I may the more boldly speak my mind to them whereof I am a member and I dare maintain it that it shall be a benefit and no prejudice both to King and Kingdome that the Spiritual Lords have their Votes in this our Parliament For besides the equity of our sitting in Parliament and our indubitable right to vote therein and his Majesty as I conceive under favour be it spoken is obliged by the very first act in Magna Charta to preserve that right unto us when as in the Summons of Edw. 1. it is inserted in the Writ that * Claus 7. m. 3. dors Quod omnes tangit ab omnibus approbari or tractari debet whatsoever affair is of publique concernment ought to receive publique approbation and therefore with what equity can so considerable a party of this Kingdom as are the Clergy who certainly cannot deserve to forfeit the priviledge of the meanest subjects and of Common men because they are more immediately the servants of the living God be denied the benefit of that which in all mens judgements is so reasonable a law and they onely be excluded from that interest which is common unto all I cannot â—ee yet I say that besides this our right while we sit in Parliaâ—â—nt this fruit shall alwayes follow that our knowledge and conscience shall never suffer us to vote such things against the truth as to allow that power or priviledge to our Parliament as to make Orders and Ordinances without the consent and contrary to the will of our King much lesse to leavâ—â— moneys and raise armes against our King for I conceive the Priviledges Priviledges of Parliament what they are of Parliament to be Privatae leges Parliament a proceeding accâ—â—ding to certain rules and private customes and lawes of Parliament which no member of the Houses ought to transcend whereas the other is Privatio legum a proceeding without Law contrary to all rules as if our Parliament had an omnipotent power and were more infallible than the Pope to make all their Votes just and their sayings truth I but to make this assertion good that the Parliament in some cases may justly take arms and make warre upon their justest King if they conceive him to be unjust it is alledged that although the King be Singulis major greater then any one yet he is Vniversis minor lesse then all therefore all may oppose him if he refuse to consent unto them I answer that the weaknesse of this argument is singularly well shewed Pag. 11. 38 39 40. in the Answer to the Observations upon some of his Majesties late Answers and Expresses and I will briefly contract the Answer to say the King is better than any one doth not prove him to be better then two and if his Supremacy be no more then many others may challenge as much for the Prince is Singulis major a Lord above all Knights and a Knight above all Esquires hs is singulis major though universis minor And if the King be universis minor then the people have placed a King not over but under them And Saint Peter doth much mistake in calling the King Supreme and they do 2 Pet. 2. 13. ill to petition when they might command and I am confident that no records except of such Parliaments as have most unjustly deposed their As Edw. Carnarvan and Richard the second Kings can shew us one example that the Parliament should have a power which must of necessity over-rule the King or make their Votes Law without and against the will of the King for if their Votes be Law without his consent what need they seek and sollicit his consent But the clause in the Law made 2. Hen 5. cited by his Majesty that it is of the Kings regality to grant or deny such of their Petitions as pleaseth That the King is universis major greater then all proved himself and the power which the Law gives the King to dissolve the Parliament and especially the words in the Preface of cap. 12. Vices to Hen. 8. where the Kings Supremacy not over single persons but over all the body politique is clearly delivered doth sufficiently shew the simplicity of this Sophistry and prove that the King being invested with all the power of God having given and the people having yielded their power to thâ—ir King they can never challenge any power but what they have derivâ—d from their king 2. Reason Sol. the people which is due to him as their King he is the onely fountain of all power and justice so that now they can justly claim no power but what is derived from him and therefore it is the more intolerable that any man should usurp the power of the King to destroy the King 2. They will say that Salus populi est suprema lex The good of the people is the chiefest thing that is aymed at in all government and the Parliament is the representative body of all the people therefore if any thing be intended contrary to the good of the people they may and ought lawfully to resist the same I answer and confesse that there is no wise King but will carefully provide for the safety of his people because his honour is included therein and his ruine is involved in their destruction but it is certain that this principle hath been used as one of our Irish mantles to hide the rebellion of many Traytors and so abused to the confusion of many Nations for there is not scarce any thing more facile then to perswade a people that they are not well 2 Sam 15. 4. governed as you may see in the example of Absolon who by
abusing this very Axiome hath stollen away the hearts of many of his fathers 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.
rise against his Magistrate but he should rather patiently suffer any evil then any way strike again and rather endure any inconveniences and discommodities then any ways obey those ungodly commands 2. The Prince his government may be evil when he doth or commandeth any thing against the publique justice of which kind are the exaction of our goods or the vexation of our bodies and in these kinds of injuries Bâ—entius in respon ad artic rustâ—corum the subject ought rather then in the former to be obedient to his Magistrate for if he steps forth to arms God hath pronounced of such men He that smiteth with the sword shall perish with the sword Cranmer Arch Bishop of Canterbury together with the rest of the Bishops and most famous Divines of this Kingdom saith If Princes shall do any thing contrary to their duties God hath not appointed any superiour Judge over them in this world but they are to render their account to God which hath reserved their judgement to himself alone and therefore it is not lawful for any subjects how wicked soever their Princes shall Cranmer in lib. de Christiâ—ni hominis institutis be to take arms or raise sedition against them but they are to powre forth their prayers to God in whose hand Kings hearts are that he would inlighten them with his spirit whereby they might rightly to the glory of God use that sword which he hath delivered unto them Gulielmus Tindal a godly Martyr of Christ when Cardinal Lanio's sonne did lead the Lambs of Christ by troops unto the slaughter doth then describe the duty of subjects according to the strait rule of the Gospel saying David spared Saul and if he had killed him he had sinned against God for in every Kingdom the King which hath no superiour judgeth of all things and therefore he that indeavoureth or intendeth any mischief or calamity against the Prince that is a Tyrant or a Persecutor or whosoever with a froward hand doth but touch the Lords annointed he is a rebel against God and resisteth the ordinance of God as often as a private man sinneth he is held obâ—oxious to his King that can punish him for his offence but when the King offendeth he ought to be reserved to the divine examination and vengeance of God and as it is Tindal l. de Christiani hâ—minis obedient not lawful upon any pretence to resist the King so it is not lawful to rise up against the Kings Officer or Magistrate that is sent by the King for the execution of those things which are commanded by the King for as our Saviour saith He that heareth you heareth me and he that despiseth you despiseth me and he that despiseth me despiseth him that sent me And as he saith unto Saul when he persecuted the servants of Christ Saul Acts 9. 4. Saul why persecutest thou me when as he was then in Heaven farre above the reach of Saul yet because there is such a mystical union betwixt Christ and his Church the head and members as is betwixt man and wife no man can be said to injure the one but he must wrong the other so whosoever resisteth the Kings Lievtenant Deputy or any other Magistrate or Officer that he sendeth with Commission to execute his commands resisteth the King himself and all the indignities that are offered to the Kings Embassadour or servant that he thus sendeth are deemed as indignities offered to the King himself as we see the base usage of David's servants by King Hanun David revenged as an abuse 2 Sam. 10. offered unto himself because the Kings person cannot be in all places where justice and judgement and many other offices and actions are necessarily to be done throughout the latitude of his Dominions but his Whatsoever is done to any Messenger is deemed as done to him that sent him power and his authority deputed to those his servants and officers that he sendeth are as the lively representatives of the King in every part of his Kingdome and whatsoever favour payment neglect or abuse is shewed unto any of them the same in all Nations is accounted and therefore punished or rewarded as a service done unto the King himself as our Saviour when but the Tole gatherer came for the Tribute-mony saith Give unto Caesar what belongeth unto Caesar And therefore it is but an idle simple most foolish and frivolous distinction of men to deceive children and fools to say They love and honour their King and they fight not against their King but against such and such whom notwithstanding they know to be the Kings chiefest officers and to be sent with the Kings Power Commission and Authority to do thâ—se things that they do This is such a foppery that I know not what to say to undeceive those that are so desirous to be deceived when the Devill * Saint Paul saith God sâ—ndeth them strong delusions 2. Thess 2. 11. But what God sendeth justly as the punisher of their sin the Devil sendeth maliciously as the guider of them to Hell Barnesius in Tract de humanis Constitut which knoweth how near their destruction hangeth over their heads sends them strong delusions that they should so easily and so sillily believe suâ—h palpable lyes as to make them think they love him dearly whom they murder most barbarously Barnesius a very godly and learned man treating of the same Argument saith in a manner the same thing That the servants of Christ rather then either commit any evil or resist any Magistrate ought patiently to suffer the losse of their goods and the tearing of their members nay the Christian after the example of his Master Christ ought to suffer the bitterest death for truth and righteousnesse sake and therefore saith he whosoever shall rebell under pretence of Religion aeternae damnationis reâ—s â—rit he shall be found guilty of eternall damnation Master Dod saith that where the Prince commandeth a lawful act Master Dod upon the Commandements the subjects must obey and if he injoynes unlawful commands we must not rebell but we must be content to bear any punishment that shall be laid upon us even unto death it self and we should suffer our punishment without grudging even in heart and this he presseth by the example of the Three Children and of Daniel that was a mighty man and of very great power in Babylon yet never went about to gather any power against his King though it were in his own defence Master Byfield expounding the words of Saint Peter 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Master Byfield upon 1 Pet. 2. 13. as to the Supreme saith This should confirm every good subject to acknowledge and maintain the Kings Supremacy and willingly to bind himself thereto by oath for the Oath of Supremacy is the bond of this subjection and this oath men must take without equivocation mentall evasion or secret reservation yea it should bind in them the same resolution that
non successit aliâ aggrediâ—mur viâ Seeing we failed herein we will attempt another way And to that end they frame a Bill of Attainder against him and this if it passe by the major part of both Houses and have the Royal assent will bring him to his just deserved death And herein I will not say they shewed themselves worse than the Jews because that when their malice was at the highest pitch against Christ they said We have a Law and by our Law he ought to die and these haters of the Earl seeing they had no Law will have a Law to be made that shall bring him unto his death because the House might have reasons which my sense cannot conceive Yet some of his friends have said that after a former prosecution according to Law to make a new Law where there was none before to take away The rubs of â—e Bill how taken away a mans life is almost as bad as the Romancy-Law that I read of to hang him first and then judge him afterward to which I assent not and not many lesse than 60. worthy Members of the House of Commons would never yield to passe that Bill and it had a greater rub among the Lords where it is thought not upon any slight conjectures it had never passed but that this rub must be taken away by a new device for that the Faction judging some of them might be more timorous than malicious and remembring that primus in orbe deos fecit timor Fear is a powerful passion that produceth many strange effects the Apprentices and Porters Water-men and Car-men and all the rascal rout of the ragged Regiment were gathered together by some Chedorlaomer and came as they did against Christ with swords and staves without order with great impudency to awe them and to cry for Justice against him and this was done and done again and again until the business that they came for was done A course not prevented that may undo all Justice and bring us all to be undone And yet all this will not do this deed until the King passeth His assent for as yet the new Law of Orders and Ordinances without the King was The Kings great pains to search out the truth not hatched And the good King having so graciously so indefatigably taken such care and such pains in his own Person every day to hear and see all that could be laid unto his charge and how he had answered each particular was so just and of such tender and religious conscience that he was not satisfied as men conceived with the weight of those reasons that were produced to passe the same Therefore here I find another Stratagem used such as Hannibal could not invent to effect this hard task â— What To perswade mildness to become severe or to cause a just and most clement Prince so full of mercy so proue to pardon where there is a fault and so loth to punish but where he must by the Law of Justice the greatest fault to yield to put him to death that was in many things so excellent in his life The task was to procure his assent to passe this Bill and how shall this be done As the Man of God could not be perswaded by any man but by a Man of God a Prophet by a Prophet so now the Bishops that were good men men of conscience and set apart by God to resolve and satisfie weak and tender consciences are thought fit to be sent unto this good King to perswade him as men supposed that to prevent a greater mischief he might justly passe this Bill and either 6. or 4. of the prime Prelates are requested by the Lords to go unto the King to assay how far they can prevail with him herein And so they went and how they dealt with His Majesty I do not fully understand but am informed by some that went that they assured Him he ought to satisfie himself in point of Law by his Judges and of State by his Council And how they did any otherwise in any other thing rectifie his Conscience in point of Divinity which belonged unto themselves I cannot tell But though I think no man can justly lay the least tittle of blame upon the just King no not the Earl himself as himself professed for yielding to such and so earnest perswasions of I know not how many reverend Bishops wise Counsellours grave Judges and the flower of all his people to passe that Bill whatsoever it was Yet to say what I conceive with their favour of my Brethren the Bishops The Bishops right to vote in any cause in the prosecution of this cause I am perswaded that they had no reason to withdraw themselves from the House and to desert their own Right when the Bill or the Judgement was to passe against the Earl upon this slight pretence alledged against them by the baters of the Earl and no lovers of the Bishops That a Clergy-man ought not to have any Vote or to be present at the handling of the cause of blood or death for they might know full well when my Lords grace of York did most cleerly manifest this truth that the first inhibition of the Clergy to be present and assistant in causâ— sanguinis or judicio mortis in the Canon of Innocent the third as I remember for I am driven to fly without my Books was most unjust only to tie the Bishops to his blind obedience to the apparent prejudice of all Christian Princes by denying this their service unto them and it is no wayes obligatory to bind us that are by the Laws of our Land not only freed but also injoyned to abandon all the unjust Canons that are repugnant to our Laws and derogatory to our Kings and to renounce all the usurped authority of the Pope For I would fain know what Scripture or what reason Pope Innocent can alleadge to exclude them from doing that good service both to God and their King which in all reason they can or should be better able to do than most others And I am sure that neither in the old nor in the new Testament nor yet in the Primitive Church until these subtile Popes began thus to incroach upon the Rights of Princes to take away the Prerogatives of Kings and to domineer over the consciences of men this exclusion of them from the highest act of Justice was never found For did not Moses Joshua Samuel Eliah Elizâ—us Jeâ—oida and others of The Prophets and Apostles judged in the case of life and death the Priests and Prophets of the old Testament and S. Peter also the Prince of the Apostles in the new Testament judge in the case of blood and pronounced the sentence of death against Malefactors As when Ananias and Sapphira were suddenly brought unto their end by the judgement of the Apostle and if they be able and fit to judge of any thing then why not of this If you say because
do admire that the wisdom of the Kings Counsel but that they which as the Apostle saith are not ignorant of the devices of Satan are not permitted by these men to be of His Councel could not espy what mischief might lurk under this fair shade or what might be the Consequences of such a Parliament that is inconsistent with a Monarchy and therefore must in a convenient time be ended or else will make an end of all Monarchical Government Why then might not a year or two or three or more so the years were limited suffice to determine all businesses but that the life of this Parliament should be endless and the continuance thereof undetermined This is beyond the age of the Counsel of Trent that they say lasted above forty years for I presume if some of What the faction could be contented with Complaint p. 19. the contrivers of this Design might have their desires the youngest of us should hardly see the Dissolution of this Parliament Til the earthly Houses of our Tabernacles be dissolved for it is likely they could be well contented as one saith to make an Ordinance that both Houses should be a Corporation to take our Lands and Goods to themselves and their successours and when any of that Corporation dieth â—oties quoties the surviver and none else should choose a successour to perpetuity so they should be Masters of our Estates and disposers of all we have as they are now for ever And therefore this was a Plot beyond the Powder-plot and beyond the device of Semiramis that with a lovely face desired her husband she The plot of Semiramis might rule but three daies to see how well she could mannage the State and obtaining her request in the first thereof she removed all the Kings Officers in the second she placed her own minions in all the places of Power and Authority as now the faction would do such as they confide in in all places of strength and in the third day she cut off the Kings head and assumed the Government of all the Kings Dominions into her own hands for not three daies nor three years will serve their turn for fear they shall not have ability in so short a space to finish all their strange intended projects and therefore that they might not be hindered their request is unlimited that the Parliament should not be dissolved till both Houses gave consent which they were contented should 〈◊〉 Gracas Calendas Yet God that knew best what punishments were due to be inflicted for their former Actions and for all the subtle Devices of their hard heâ—rts gave way for this also that this third Impediment of their projects might be removed that so at last their sins like the sins of the Amorites by little and little growing unto the full might undergo the fulness of Gods vengeance which as yet I fear was not fully come to pass for till the Parliament was made perpetual the things that they have done since were absolutely unimaginable because that while it How the faction hath strengthened it self was a dissolvable body they durst not so palpably invade the known rights either of King or Subjects whereas now their Body being made indissoluble they need not have the same apprehension of either having strengthened themselves by a Bill against the one and by an Army against the other and therefore all the dissolutions of Parliaments from the beginning of them to this time have not done half that mischief as the continuance of this one hath done hitherto and God only knowes what is to succeed hereafter But seeing themselves have publickly acknowledged in their Declarations that they were too blame if they undertook any thing now which they would not undertake if it were in His Majesties power to dissolve them the next day and they have since used this means which was given them to disburthen the Common-Wealth of that debt which was thought insupportable to plunge it irrevocably into a far greater What many wise men do say debt to the ruine of the whole Kingdom to change the whole frame of our Government and subjecting us to so unlimited an arbitrary power that no man knows at the sitting of the House what he shall be worth at the rising or whether he shall have his liberty the next day or imprisonment Many wise men do say they see no Reason that this trust being forfeited and the faith reposed in them betrayed the King may not immediatly re-assume that power of dissolving them into his own hands again and both our unjustly abused King and our much injured people declare this Act to be voyd when as contrary to their own Faith and the trust of the King they abuse it to overthrow the Fundamental Laws of this Kingdom though I could heartily wish that because it still carrieth the Countenance of a Law the faction would be so Wise to yield it to be presently dissolved by a Law CHAP. IV. Sheweth the abilities of the Bishops the threefold practice of the Faction to exclude them out of the House of Peers and all the Clergy out of all Civil Judicature THere was one stop more that might hinder or at least hardly suffer The fourth impediment of their design their plots to succeed according to their hearts desire and that is the Bishops Votes in the Vpper House nay they cannot endure to call it so but in the House of the Lords for they rightly considered therein these two special things Which are two main things to stop and hinder many evils For 1. Their Number 2. Their Abilities 1. They had Twenty six Voyces which was a very considerable number and might stop a great gap and stay the stream or at least moderate the violence of any unjust prosecution 2. They were men of great Learning men of Profound knowledge both in Divine and Humane Affairs and men well educated à â—unabulis that spent all their time in Books and were Conversant with the dead that feared not to speak the truth and have wearied themselves in reading Histories comparing Laws and considering the Affairs of all Common-wealths The abilities of the Bishops and so were able if their modesty did not silence them to discourse de quolibet ente to untie every knot and to explain every riddle and being the immediate servants of the living God set apart as the Apostle speaketh to offer Sacrifice and to administer the Sacraments of God to prepare a people for the Kingdom of Heaven it ought not and it cannot be otherwise imagined by any child of the Church that is a true believer but that they are men of Conscience to speak the truth and to do justice in any cause and betwixt any parties more then most others especially those young Pardon me good Lords for so plainly speaking truth Lords and Gentlemen whose years do want experience and the course of their lives some in Hawking and Hunting and others in Dâ—cing and
God made Kings our nursing Fathers and Queens our nursing Mothers and we putting our selves under their protection have been hitherto most graciously protected but now by this Act we are left naked of all defence and set under the very sword of our Adversaries and as the Psalmist saith They that hated us are made Lords over us to call us to assess us to undo us 3. Hereby they are made more slavish than the meanest Subject and 3. Debarred of that â—ight that none else arâ— deprived of that benefit and priviledge which the poorest Shoomaker Tailer or any other Tradesman or yeoman hath most justly left unto him for to be excluded debarred and altogether made uncapable of any benefit is such an insupportable burden that it is set upon no mans shoulders but upon the Clergy alone as if they alone were either unworthy to receive oâ— unable to do any good 4. Hereby they are made the unparalleled spectacle of all neglect and 4. Made more contemptible than all others scorn to all forraign people for I can hardly believe the like Precedent can be shewed in any Age or any other Nation of the World no not among the very Infidels or Indians for in former times the Bishops and Clergy-men were thought the fittest instruments to be imployed in the best places of greatest trust and highest importance in the Common-Wealth and Kings made them their Embassadours as the Emperour Valentinian did Saint Ambrose And our own Chronicles relate how former times respected the Clergy and how our Kings made them both their Counsellours and their Treasurers Chancellours Keepers of the Great Seal and the like Officers of the chiefest concernment as Ethelbert in the year of Christ 605. saith I Ethelbert King of Kent with the consent of the Reverend Vt refert in tractatu suo de Episcopatu p. 61 62. M Theyer Sir Henry Spelman p. 118. Idem p. 403. Idem p. 219. Arch Bishop Augustine and of my Princes do give and grant c. And the said Ethelbert with the Queen and his Son Eadbald and the most Reverend Prelate Augustine and with the rest of the Nobility of the Land solemnly kept his Christmass at Canterbury and there assembled a Common Councel tam cleri quà m populi as well of the Clergy as of the People And King Adelstan saith I Adelstan the King do signify unto all the Officers in my Kingdom that by the advice of Wolfelm my Arch-Bishop and of all my Bishops c. In the great Councel of King Ina An. 712. The Edicts were Enacted by the Common Councel and consent omnium Episcoporum Principum Procerum Comitum omnium sapientum seniorum populorum totius regni per praeceptum regis Inae And in the second Charter of King Edward the Confessour granted to the Church of Saint Peter How former timesrespected the Clergy in Westminster it is said to be Cum concilio decreto Archiepiscoporum Episcoporum Comitum aliorumque suorum Optimatum With the Counsel and Decree of the Arch-Bishops Bishops Earls and other Potentates And so not only the Saxon Kings but the Norman also ever since the Conquest had the Bishops in the like or greater esteem that they never held Parliament or Councel without them And surely these Princes were no Babes that made this choice of them neither was the Common-Wealth neglected nor justice prejudiced by these Governours And whosoever shall read Mores gentium or the pilgrimage of Master Purchas Livy Plutarch Appian and the rest of the Greek and Latin Histories I dare assure him he shall find greater honour given and far less contempt cast upon the Priests and Flamins the Prophets of the Sybils than we find of this Faction left to the Servants of the Living God who are now delt withall worse than Pharaoh dealt with the Israelites that took away their straw and yet required their full tale of Bricks For these men would rob us of all our means and take a way all our Lands and all our Rights and yet require not only the full tale of Sermons and Services as was used by our Predecessours but to double our files to multiply our pains and to treble How the Clergy are â—ow used the Sermons and Services that they used to have of our forefathers more than ever was done in any Age since the first Plantation of the Gospel And when we have done with John Baptist the utmost of our endeavours like a shining and a burning lamp that doth waste and consume it self to nothing while it giveth light to others they only deal with us as Carriers use to do with their pack-horses hang bels at their ears to make a melodious noise but with little provender lay heavy loads upon their backs and when they can bear no more burdens take away their Bells withdraw their praises call them Jades exclaim against their laziness and then at last turn them out to feed upon the Commons and to die in a ditch And thus we have now made the Ministers of Christ to be the Emblems of all misery and in pretending to make them more glorious in the sight of God we have made them most base in the eyes of all men And therefore the consequence of this Act is like to prove most lamentable when the people considering how that hereby we are left naked of all comfort and subject to all kind of scorn and distresse and how that this being effected is but the Praeludium of a far greater mischief they will rather with no great cost make their children of some good Trade and their children will chuse so to be than with such great cost and more care and yet little hope to bring them up to worse condition than the meanest of all Trades or the lowest degree of all rusticks When as they can challenge and it shall not be denied them to have the priviledges of the Law and a The Clergy alone are deprived of Magna Charta property in their goods which without their own consent yielded in their porsons or their representours cannot be taken from them And the Clergy only of all the people in this Kingdom shall be deprived of the right and benefit of our great Charter which so many famous Kings and pious Princes have confirmed unto us and when we have laboured all the dayes of our lives with great pains and more diligence to instruct our people and to attain to some competency of means to maintain our selves and our families we shall be in the power of these men at their pleasure under the pretence of Religion contrary to all justice to be deprived of any part of our freehold when we shall have not one man of our own Calling to speak a word in our behalf on no Seat of Justice throughout the whole Kingdom O terque quaterque beati Queis ante or a patrum contigit oppetere O most miserable and lamentable condition of Gods Ministers I must needs
speak it though I should die for it and if some did not speak it I think the stones would cry against it and proclaim it Better for the Clergy were their hope only in this world never to have been born or at least never to have seen a Book then to fall into the hands and to be put under the censure of these men that do thus love Christ by hating his Ministers who as I said This Act more pâ—ejudâ—ciall to the future times than now before by this one Act are made liable to undergo all kind of evils which shall not only fall upon the present Clergy for were it so our patience should teach us to be silent but also to the increase of all prejudices to the Gospel more than my fore-sight can expresse in all succeeding Ages And therefore I may well say with Jeremy Shall not my soul be avenged Jer. 5. 9 29. on such a nation as this And we need not wonder that such plagues calamities and distresses have so much increased in this Kingdom ever since the passing of this Act and yet the anger of the Lord is not turned away but his hand is stretched out still and I fear his wrath will not be appâ—ased till we have blotted this and wiped away all other our great sins and transgressions with the truest tears of unfained repentance These are like to be the consequences of this Act And yet our good King who we know loved our Nation and built us a Synagogue and was as I assure my self most unwilling to passe it was notwithstanding over-perswaded considering where thirteen of the Bishops were even in prison and in what condition all the rest of them stood in question whether all they should stand or be cut down root and branch to yield His assent unto the Act though if the case in truth were rightly weighed not much lesse prejudicial to his Majesty than injurious to us to be thus deprived of our right and exposed to all miseries by excluding us from all Civil Judicature And I would to God the King and all the Kingdom did continually consider how his Majesty was used ever since the confirmation of this Act for they How the King hath been used ever since this Act passed no sooner had excluded the Bishops and Clergy out of their right but presently they proceeded and prosecuted the Design ever since to thrust out the King from all those just Rights and Prerogatives which God and Nature and the Laws of our Land have put into his hands for the Government of this Kingdom neither was it likely to succeed any otherwise as I have fully shewed and I would all Kings would read it in the Grand Rebellion But I see no reason why it may not and why it should not be reâ—racted That the Act should be annulled and annulled when the Houses shall be purged of that Anabaptistical and Rebellious Faction that contrived and procured the same to Passe for these three special Reasons 1. Because that contrary to all former Precedents that Bill for their 1. Reason exclusion was as it is reported at the first refused and after a full hearing among the Lords it was by most Votes by more than a dozen voices rejected And yet to shew unto the World that the Faction's malice against the Bishops had no end and their rage was still implacable at the same Session and which is very considerable immediately assoon as ever they understood it was rejected the House of Commons revived it and so pressed it unto the Lords that if I may have leave to speak the truth contrary to all right * For I conceive this to be â—â— approved Maxim That no Right no. proved forfited by some offence can be taken away without wrong 2. Reason In his Majesties answer to the Petition of the Lords and Commons 16. of July p. 8. it must be again received and while the Bishops were in prison it was with what honour I know not strangely confirmed 2. Because this Bill had the Royall assent after that a most riâ—tous tumult and many thousands of men with all sorts of Warlike weapons both on land and water most disloyally had driven His Majesty to flie from London that most Rebellious City not without fear for his own safety even for the safety of his life as himself professeth And when they had so cunningly contrived their Plot as to get some of the Kings servants and friends that were about him and imployed in the Queens affairs to perswade Her Majesty to use all her power with the King for the passing of this Bill or else Her journey should be stayed as formerly they had altered Her resolution for the Spaw and at Rochester she should understand the sense of the House to stop Her passage unto Holland whereas the passing of this Bill might make way for Her passage over And many other such frights and fears they put both upon the King and Queen to inforce Him full sore against his will as we believe to passe this harsh Bill for the exclusion of the spiritual Lords out of the House of Peers and of all the Clergy from all Secular Judicature But Master Pym will tell us as he did that it was the opinion of both Houses There was no occasion given by any tumults that might justly cause His Majesties departure To whom I answer with the words of Alderman Garraway If the Houses Ald. Oar. speech at Guild-hall had declared that it had been lawful to beat the King out of Town I must have sate still with wonder though I should never believe it but when they declare matters of Fact which is equally within our own knowledge and wherein we cannot be deceived as in the things we have seen with our eyes if they dissent from truth they must give me leave to differ from them As if they should declare They have paid all the money that they owe unto the City or that there * For now I understanâ— it is pulled down was no Crosse standing in Cheapside we shall hardly believe them And therefore seeing we all remember when the Alarm was given that there was an attempt from Whitehall upon the City how hardly it was appeased and how no Babies thought the Design of those subtile heads that gave that false Alarm was no lesse than to have caused Whitehall to be pulled down and they that loved the King and saw the Army both by land and water which accompanied the persons accused to Westminster the next day after His Majesties departure as if they had passed in a Roman Triumph conceived the danger to be so great that I call Heaven to witness they blessed God that so graciously put in the Kings heart rather to passe away over-night though very late than â—azard the danger that might have ensued the day following The meaning therefore of both Houses may be That there was nothing done which they confessed to
be a tumult And no marvel Because they received incouragement as we believed from their defence and no reproof that we found was made for this indignity offered unto the King But if I be constrained and in danger it is not enough for me that I am voted free and safe For if that which looks as like a tumult as that did or as the representation of my face in the truest Glasse is like my face doth come against me and incompasse me about though I may be perhaps in more safety yet I shall think my self in great fear and in no more security than His Majesty was at Edge-hill 3. Because as the viewer of the Observat hath very well exprest it 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
they went which if some men were brought to their Legal tryal I believe would be more than sufficiently proved against them can be no lesse than â—eynous Crimes perhaps within the compasse of high Treason Or were these things but our jealousies and fears which do wear the garments of Truth yet their proceedings in Parliament do add more fuell unto the fire of our suspicion as for our men whom we have chosen to plead for us and to treat with them to respect them more than us to enrich them by impoverishing us giving them no lesse than 300000. l. who had How they behaved themselves towards the Scots entered into our Land and brought upon us such fears of I know not how many mischiefs that might succeed and not only so but also to shew what love they bare to them and how little regard they had of us their Native Brethren that put such trust and confidence in their fidelity as to commit all our fortunes and liberties into their hands paying weekly such a Pension for their provision besides the maintenance of our own Army which were forced to carry them their monies when themselves were unpaid as in a short time was able to exhaust all the wealth of this Kingdom and yet for all his Majesties continual calling upon them to dispatch their discharge and to finish the Treaty for the good of both Kingdoms keeping them here so exceeding long and making so very much of them which in truth we envyed not but admired what it meant when we saw with what continual feastings they were entertained in London and their lodgings frequented as the Kings Court till all the people began to murmur and to wax weary of so great a charge and such a burden as they knew must at last light upon their shoulders which must needs be matters worthy of our best examinations But as yet the common people that seeth no further than the present tense Why they detained them here so long and the outside of things did little know what many wife men did then foresee that these men aimed further than they seemed to do and delayed the businesse purposely till they had attained many of their desires and had fully endeared themselves into the affections of the Scots that if need required that they could not effect all the residue of their design as they intended which now could not so suddenly be brought unto perfection they might recall them here again to assist them to do that by force which by their craft and subtilty they should fail to do as now by their sending for them going unto them and alleadging the Act of Pacification for their assistance to withstand their King and to overthrow our Church it is apparent to all the World how perfidiously they dealt with God and man and how treacherous their thoughts were from the beginning both to the King and Kingdom Yet As we found our Brethren of Scotland howsoever these men behaved themselves in their secret intentions to have carried themselves none otherwise than as wise rational and religious men in all the Treaty So I assure my self they will hereafter still continue both faithful unto God and loyal unto their King and as they perceived not their intentions at the first so they will not now joyn with them in any Association of Rebellion to withstand their own Liege Lord and to change the established Laws and Religion of our Kingdom but will rather live in peace and happiness in their own Land than by forsaking their enjoyed quietness to involve themselves in the unhappiness of a desperate War in another Country 2. After they had thus endeared themselves unto their Brethren of Scotland 2. The compelling of all people to take their new framed Protestation they framed a Protestation to maintain and defend as far as lawfully they might with their lives powers and estates the True Reformed Protestant Religion his Majesties Royal Person Honour and Estate the power and priviledge of Parliament the lawful Rights and Liberties of the Subjects and every person that should make the Protestation in whatsoever he should do in the lawful pursuance of the same and to their power and as far as lawfully they might â—o oppose and by all good means endeavour to bring to condign punishment all such as shall either by force practice counsels plots conspiracies or otherwise * Which word is like the c. in the Canonical Oath do any thing to the contrary of any thing in the said Protestation contained and neither for fear hope nor other respect to relinquish this Promise Vow and Protestation In which Protestation though no man can espy the least shadow of ill prima facie at the first reading thereof yet if you look further and search narrowly into the intentions of the composers the frame of the Protestation and the practice of these Protestors ever since the framing of it you shall find that Deâ—init in piscem mulier formosa supernè these men are no Changelings but as like themselves as ever they were For 1. As it was intended so it succeeded it terrified the Papists and made 1. To terrifie the Papists to raise a Rebellion in Ireland them so desperate as almost to despair of their very Being as concerning the place where or the manner how they should live Which thing together with many other harsh and hard proceedings against many of them and the small countenance which they shewed unto a very moderate Petition that the Papists exhibited unto them hath driven abundance of them into Ireland whom I saw my self and there consulting with the Irish which were then also threatened by the Agents of this Faction there that ere long they should be severely handled and brought to the Church whether they would or no or pay such a Mulct as should make them poor what course they should take in such a desperate condition wherein they were all like to be ruined or to be rooted out of all the Kings Dominions they concluded what they would do To defend themselves by a plain Rebellion So this course against them hath been the leading-card as some of them confessed of that great Rebellion which being kindled as some Sectaries in England expected they thought they would so much the more weaken the King by how much the more combuâ—ion should be raised in each one of his Dominions And therefore notwithstanding all the Kings gracious Messages and wishes unto the House of Commons which I wish all men would remember how affectionately he desired it to hasten to relieve that bleeding Kingdom yet still they protracted and neglected their redresse and at last passed such Votes made such Orders and procured such Acts as rather respected themselves and their posterity to get all the land and goods of the Rebels to themselves that were the Adventurers than the relieving of us that were distressed and would as I told some of the House of Commons rather increase
big and their fancies are but Dreams fit for laughter and I brought these onely as Vinegar to be tasted and then to be spit out again CHAP. X. Sheweth the great Bug-bears that affrighted this Faction the four speciall means they used to secure themselves the manifold lyes they raised against the King and the two speciall Questions that are discussed about Papists 5. FOr the setling of the Militia and putting the whole Kingdom in a 5. The setling of the Militia posture of Defence as they termed it 1. They dreamed of a desperate Disease and 2. They devised an Emperical way to cure it 1. The Disease was a monstrous fear of Popery and the re-establishment 2. The disease of abolished superstitions in our Church to invade their consciences and of the Papists with fire and sword to waste their estaâ—es and to take away their lives and liberties and through that groundâ—â—sse fear they looked on the innocent Ceremonies that were established in the Church as dangerous Innovations and introductions to Idolatry And in the State they feared the practised wayes and endeavours to produce an arbitrary government by our advancing of a boundlâ—sse Prerogative even to the dispoyling of the Subject of his property and robbing him of the benefit of the laws these were their fears And the grounds of these fears were lying fictions and most scandalous detractions and defamations for their invented Letters that should come from Holland and from Denmark and some other places beyond the Seas where we were better believe them then go try whether they were true which informed them sometimes of a Fleet of Danes sometimes of another Nation that should come to assist the King for the setting up of Popery and the securing of himself in a tyrannical and arbitrary government over them and every day almost produced a discovery What terrible things frighted them of new treacheries against the Parliament what terrible things frighted them as the stable of Horses under ground for indeed they were invisible Horses such as Elisha's servant saw terrifying their guilty consciences and that of the Taylâ—rs in Moor-fields and the like horrid machinations that were to come against them I know not from whom and God knowes from whence which things how false they were time which is the mother of truth hath long agone made manifest and ridiculous to any man that is not bewitched with these lying fancies therefore lest these dreams of their distempered brains should be too soon descryed and so prove defective to produce their intended project they alledge The Queen is a Papist and I would to God they were so truly religious and void of â—ypocrisie in their profession as she most gracious Queen is in her religion then they say The Bishops are all Papists Deans and Prebends are of the same stamp and all the Kings Chapleins that were preferred by the Arch-Bishop were either close Papists or profest Arminians which are but Cosen-germans unto the other Arminianisâ—â— being but a Bridge to passe over unto Popery And with these and the like false slanders against the King Queen and Clergy they so bewitched most of their well meaning brethren of the same house and amazed all the simpler sort of people of this Kingdom with these fears and filled them with such jealousies with those Pamphlets that they caused to be printed and dispersed every where that they were at their wits end for fear of this lamentable alteration of their religion and deprivation of their liberties 2. The disease being thus spread like a Gangrene over all the parts of 2. The Cure the body of this Kingdom they like skilful Physitians devise the cure and that is the preparation of a Militia and this Militia they would have put into such hands as they pleased such as they might confide in and I wish the whole Kingdom knew who those men were and who they are that they do confide in for I know 1. Some of them are poor men of most desperate fortunes if Bank-rupters may be termed such 2. Others to be most factious and schimatical men addicted to Anabaptism and Brownism and other worser Sects as amongst the London Commanders Ven Manwaring Fowke Norington Bradly Best and the rest whereof there are twice as many schismatical and as it is conceived beggarly Sectaries as are right honest men among them and if we looked among their Lords and all the rest of their nomination throughout the Kingdom I doubt we shall find some of them to be just of the same condition And because the King to whose care and trust God had committed all the people of this Kingdom and not to them that are called by the King and chosen onely by men and that onely for this time and of whom he will require an account of the laws and religion whereof he made him keeper and defender and not of them thought most rightly that this Militia should be committed rather to such men as he might confide in as it was in the raign of Queen Elizabeth and His Father of ever blessed memory rather than to any that they should name which was to disâ—robe himself of all his regal power of the chiefest garland of his royal Prerogatives without which he could hold his Crown by no better a tenure then durante beneplacito and to put the sword out of his own hand into the hands of them that could not love him because they could not trust him as they alledged and what reason had he to trust them that were causelesly so distrustful of him they startled at this deniall And because the King of heaven had by this time opened the Kings eys God openeth the Kings eyes to let him see what hitherto he could hardly imagine that these men to whom he had granted for the good of his Kingdom so many Acts of grace and favour as never any King of England did before and had very graciously offered to commit to the hands of their own choosing so large a share of the Militia as might have rendred the whole kingdom most secure if security in a just and legall way had been all that they sought for had their intentions far otherwise then they 〈◊〉 〈◊〉 that not onely the government of the Church was intended to be alâ—eâ—ed and the Governours thereof destroyed but himself also waâ— hereby dis-robed of those rights which God and the Lawes of the Land had put into his hands and the Kingdom brought either into a base Tyranny or confused Anarchy when all things shall be done according to the arbitrary power of these factious and schismatical men therefore he utterly refused to grant their desires and most wisely withstood their design Whereupon these men put their heads together to consult how they How they strengthened themselves to make their orders fiâ—m without the King might strengthen themselves and make their ordinances firm and binding without the King and to that purpose having by their former doings gotten
too great an interest as well in the faith as in the affections of the people in confidence of their own strength they came roundly to the businesse and what they knew was not their right as their former Petitions can sufficiently witnesse they resolve to effect the same by force but as insensibly as they can devise as 1. To seize upon the Kings Navie to secure the Seas 2. To lay hold upon all the Kings Magazine Forts Towns and Castles 3. To with-hold his moneys and revenues and all other means from the King 4. To withdraw the affections and to poyson the loyalty of all his Majesties Subjects from him And hereby they thought and it must have been so indeed except the Lord had been on his side they had made their hill so strong that it could not be moved and the King so weak and destitute of all means that he could no wayes subsist or relieve himself as a member of their own House did tell me for 1. They get the Eaâ—l of Warwick to be appointed Vice-Admiral of the 1. Earl of Warwiâ—k made Vice-Admiral Sea and commit all the Kings Navie into his hand and to take away that charge from Sir John Pennington whom most men believed to be far the better Sea-man but more faithful to his King and the other purer to the Parliament 2. They send Sir John Hotham a most insolent man that most uncivilly 2. Sir John Hotham put into Hull for the Magazine contemned the King to his face to seize upon the Kings Magazine that he bought with his own money when they might as well take away my horse that I paid for and to keep the King out of Hull which was his own proper Town and therefore might as well have kept him out of White-Hall and was an Act so full of injustice as that I scarce know a greater 3. Because moneys are great means to effect any worldly affaire and 3. They detained the Kings moneys Esay 1. 23. the sinews of every warre when as men and arms and all other necessaries may be had for money some of them and their followers shew themselves to be just as the Peers of Israel companions of thieves meer robbers which forcibly take away a mans mony from him they take all the Kings â—reasure they intercept detain and convert all the Kings revenues and customes to strengthen themselves against the King 4. Because their former Remonstrances framed by this faction of the 4. They labour to render the King odious by lyes ill government of this kingdom though in some things true which the King ingenuously acknowledgeth and most graciously promiseth to redresse them yet in all things full of gall and bitternesse against the King could not so fully poyson the love and loyalty of the Kings Subjects as they desired especially the love of those that knew his Majesty who the better they knew him did the more affectionately love him and the more faithfully serve him they thought to do it another and a surer way with apparent lyes palpable slanders and abominable accusations invented printed and scattered over all the parts of this kingdom by their Trencher Chaplains and parasitical Preachers and other Pamphleters some busie Lawyers and Pettifoggers to bring the King into an odium disliked and deserted of all his loving Subjects And what created power under heaven was able to dissolve that wickednesse which subtilty and malice had thus treacherously combined to bring to passe 1. Lye that he intended to war against the Parliament Hereupon after many threâ—tning votes and actual hostility exercised against his Royall person the King is forced to raise a guard for the defence of himself and those his good Subjects that attended him then presently that small guard that consisted but of the chief gentry of the Countrey was declared to be an Army raised for the subversion of the Parliament and the destruction of our native liberties an invincible Army is voted to be raised the Earl of Essex is chosen to be their Generall with whom they promise both to live and die the Earl of Bedford General of the Horse moneys are provided and all things are prepared to fetch the King and all delinquents or to be the death of all withstanders and that nothing might hinder this design though the King in many gracious Messages attested by the subscription of many noble Lords that were upon the place assared them he never intended any warre against his Parliament yet they proceed with all eagernesse and declare all those that shall assist the King either with Horse money or men to be malâ—gnants and enemies unto the King and Kingdome and such delinquâ—nts as shall be sure to receive condigne punishment by the Parliament Hoc mirum est hoc magnum And among the rest of their impudent slanders this was their Master-piece which they ever harped upon that he countenanced Papists and intended to bring Popery into this Kingdgm and to that end had an Army of Papists to assist him But to satissie any sensible man in this point I would crave the resolution of these two Questions 1. Whether every Papist that is subject to his Majesty is not bound to Two questionâ— to be resolved assist and defend his King in all his dangers 2. Whether the King should not protect his Subjects that are Papists in all their dangers so far as by the Law he ought to do it and accept of their service when he himself is invironed with dangers For first I believe there is no Law that inhibiteâ—h a Papist to serve his 1 All Paâ—ists bound to assist their King King against a Rebellion or to ride Post to tell the King of a Design to murder Him or any other intended Treason against Him or being present to takeaway a weapon from that man that attempted to kill the King because his not coming to Church doth not exempt him from his Allegianâ—e or discharge him of his duty and service unto the King and therefore if a â—â—eet from France or Spain or any other forreign part should invade us or any Rebellion at home should rise against his Soveraign and seek to destroy those Lawes and Liberties whereof himself and his Posterity hath as good an inâ—erest to as any other Subject I say he is bound by all Laws to assiâ—t his King and to do his best endeavour both with his purse and in his person not only to oppose that external Invasion but also to subdue as well that home-bred Rebellion as the forreigâ— Invasion 2. If a Papist should be injured his estate seized upon his house plundered 2. The King bound to proâ—ecâ—â—uâ—iful Papists dered and his person if taken imprisoned not because he transgressed any other Law but that he dispenceth not with the Law of His conscience to be no Papist and being thus injured should come unto his King and say I am your Subject and have lived dutifully I did nothing which
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
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
of an absolute and a Politick Monarch with his two-leaves discourse upon the same is so false and so frivolous that as Saint Bernard saith of the fooleries of Abailardus it deserveth rather Fustibus contundi quà m rationibus refelli for Aristotle tels us that the Aristot Polit. l. 4. Supreme Power of all Government which resideth in every absolute Monarch and doth constituere Monarcham give being unto the Monarch consisteth chiefly in these three distinct branches 1. Legislative to make and repeal Laws The Supreme Power of every Government wherein it consisteth 2. Bellative to pronounce War and conclude Peace 3. Judicative decisively to determine all crimes and causes whatsoever And when this threefold power is not penes unum but penes optimates then it is no Monarchy but an Aristocracy and when it is penes populum then it is neither of those but a meer Democracy or popular Government And therefore our Kings having the sole power First to make War and conclude Peace at their own pleasure and have called Parliaments only to supply their wants and to add their counsel and assistance therein Secondly to make Laws and repeal them when they please save only that they promised to their people and obliged themselves not to do it without the advice of their Parliament And thirdly to judge all their Subjects according to their Laws It is most apparent that our Kings are most absolute Monarchs as Cassaneus Bodinus Sir Thomas Smith and all that wrote of this Kingdom do peremptorily affirm And though I deny not Bodins distinction of a Lordly Monarch a Bod l. 2. c. 2 3. Royal Monarch and a Tyrannical Monarch which sheweth only the Power and the Practice of the Monarch yet I say That the distinction of an absolute and mixed Monarchy which defigneth the manner of the Government is a meer foppery and a ridiculous distinction Because that Government which extendeth it self to more than one can never be a Monarchy as every man knoweth that understandeth the word Monarch These and many more such injuries and insufferable indignities they have offered unto our King and so indeed unto the whole Kingdom which they durst not have offered to any Tyrannical King that would have ruled them with his iron Rod but as the mercy of God emboldeneth wicked men to proceed in their abominations so the lenity and goodness of this pious Prince and nothing else in him encouraged these factious and ambitious men the people greedy of a licentious Liberty and the Nobility and Gentry of Rule which is their natural disease thus to usurpe the Rights of our King and to raise this miserable War CHAP. XII Sheweth the unjust proceedings of this Faction against their fellow-Subjects set down in four particular things 2. LEst they should be thought juster to their fellow Subjects than they 2. Their proceedings against the Subjects wherein I shall in most points set down what I find in the Remonstrance of the Commons to the House of Commons and what I collected out of other Writers of the best credit are to their Soveraign King you may observe what I find related of them 1. That besides the Act which they composed and procured it to passe for the Pole-money wherein they shew their exceeding great love to the Clergy as to make Deans whose Deanaries were scarce worth 100. l. apiece per annum to pay 40. l. per pole equall with the Lords and Aldermen of London and many Prebendaries to pay more than the annual worth of their Prebends and the like many passages of their respect to the Ministers and some other particulars which I passe without reproof because the Act is passed There were monies advanced by gift and by adventure and Souldiers were prepared for Ireland to reduce those Rebels to their former obedience and to restore the Kings distressed Subjects to their rights and possessions but the great neglect they shewed to discharge this duty the Souldiers that were sent being left almost altogether unpaid to be starved and exposed to the mercy of their merciless enemies and we the poor English that were robbed and spoiled of our goods and lands left not only unrelieved but also twitted with that scandal for our comfort that we were worthily expelled by the Irish and left unregarded by the English because we were but as the Samaritanes neither Israelites nor Pagans or as the Turks that partaking with the Jews and the Christians are neither 1 How they neglected the distresled Subjects of Ireland Jews nor Christians So the English in Ireland were just Laodicean like neither hot nor cold neither English nor Irish neither zealous Papists nor true Protestants and therefore worthily to be spued out of the mouth of all men which is the comfort we have of them and which puts us in a desperate condition unlesse his Majesty will be pleased to take another course to relieve us to be left as a prey to be destroyed betwixt two sorts we know not which more cruel enemies and makes us believe that the monies are diverted and the Souldiers detained to continue this unnatural War against our King that so by losing the Kingdom of Ireland they might the sooner destroy the Kingdom of Old England to bring the Kingdom of New England amongst us And besides this simple conversion of the Irish monies it is almost incredible to consider how unjustly they have dealt with the English Subjects to get money for to let abundance of other particulars pass the Earl of Manchester in the night time fetched away six thousand pounds as I understand that were collected for the repairing of Saint Andrews in Holbourn and the great sums of money that we gathered for London-derry Sober sadnesse p. 21. and for Brainceford were imployed by these Zelots not to maintain the lives of those distressed people but to destroy the lives of loyal Subjects and to prove themselves right Iscariots they brake into the Hospital at Gilâ—ord in Surrey and took four thousand pounds from the poor Lazars But as the Romans dealt with their neighbours Territories when they were made their Arbitrators so these men dealt as finely with the lading of that Ship called Sancta Clara for while the Merchants disputed about the goods these just Judges to reconcile the difference seize upon all and twenty thousand pound must be lent them before the right owner can receive them I might fill my papers with such examples 2. They have made an Ordinance that the twentieth part of mens 2. How they take what part they will of our estates Wheâ—eas they object That in the raign of King John and others â—f our king the twentieth fifteenth tenth or seventh part hath been given I answer in one word Never apart by the two Houses without the King and against the king as they do estates must be paid towards the maintenance of this Rebellion and they do appoint those that upon their discretion shall value that
and displace his most faithful servants only because others cannot confide in them when no criminal charge is laid against them And therefore for the Lords and Commons to make Orders and Ordinances without the King and in opposition to the King is a meer usurpation of the Regal power a nullifying of the Kings power and a making of the Royal assent which heretofore gave life to every Law to be an empty piece of formality which is indeed an intolerable arrogancy in the contrivers of these Orders and the makers of these Ordinances a monstrous abuse of the Subjects and a plain making of our good King to be somewhat like him in the Comedy A King and no King And whereas no Subject yea under favour be it spoken nor the King himself after he hath taken his Oath at his Coronation is free from the observation of the established Laws yet they make themselves so far above the reach of Law that they freed him which the Lord chief Justice Bramston had committed to Newgate for felony in stealing the Countess of Rivers goods they hindered all men as we found in their journal from proceeding against Sir Thomas Dawes they injoyned the Judges by their Orders to forbear to proceed in their ordinary courses in the Courts of Justice contrary to the Oathes of those Judges and some Parliament men came to the Bench to forbid the Judges to grant Habeas Corpus's which is as great an iniquity and as apparent an injustice as ever was done by any Parliament The most abominable wickedness of these factious Rebels And that which is a Note above Ela above all that could be spoken whereas the Law of God and man the bonds and obligations of Civility and Christianity tye us all to be dutiful and obedient unto our King in all things either Actively or Passively and no wayes for no cause violently to resist him under the greatest penalties that can be devised here and damnation hereafter yet these men contrary to all Laws do injoyn us and compell us as much against our Consciences as if they should compell us with the Pagan Tyrants to offer sacrifice unto Idols to war against our most gracious Soveraign whom we from our hearts do both love and honour and they proscribe us as malignants and as enemies to the Common-Wealth if we contribute not Money Horse and Arms to maintain this Ps 50. 22. Augu. contra Faâ—st l. 22. c. 75. 76. ungodly War and so become deadly enemies unto our own souls O consider this yee that forget God lest for tearing us He tear you in pieces while there is none to help you for considering what the Apostle saith Rom. 13. 1 2. and what Saint Augustine saith Ordo naturalis mortalium paci accommodatus hoc poscit ut suscipiendi belli Autoritas atque consilium penes principem sit and lest men should think they ought by force of Armes to resist their King for Religion he answereth that objection by the example of the Apostles Isti non resistendo interfecti sunt ut potiorem esse docerent victoriam pro fide veritatis occidi We conceive this to be so execrable an Act and so odious to God and man that we are made thus miserable and abused beyond measure to have our Religion which is most glorious our The miserable consequences of their wicked doings Laws that in their own nature are most excellent and our Liberties that make us as free as any Subjects in the World under false pretences and the shadows of Religion Laws and Liberties to be â—radicated and fundamentally destroyed whereby 1. We are made a spectacle of scorn and the object of derision to our 1. Mischief neighbour-Nations that formerly have envied at our happiness and we are become the Subject of all pitty and lamentation to all them that love us 2. As in the Roman Civil Wars in the time of Metellus the Son did kill 2. Mâ—schief his own Father so now by the subtilty of this faction we are cast into such a War as is 1. A mâ—st unnatural War the Son against the Father and the Father against the Son The Earl of Warwick fighteth for the Parliament and my Lord Rich his Son with the King The Earl of Dover is with the King and my Lord Rochsord his Son with the Parliament So one brother against another as the Earl of Northumberland with the Parliament and his brother with the King The Earl of Bedford with the Parliament and his brother with the King Master Perpoint with the Parliament and the Earl of Newark with the King Devoreux Farmer with the Parliament and his brother Richard Farmer together with his brother in law my Lord Cokain with the King and the like and of Cosens without number the one part with the King and the other with the Parliament And if they do this in subtilty to preserve their Estates I say it is a wicked policy to undo the Kingdom which all wise men should consider 2. A most irreligious War when one Christian of the same professed Religion shall bathe his Sword and wash his Hands in the blood of his fellow Christian and his fellow Protestant that shall be coheir with him of the same Kingdom 3. A most unnatural irreligious and barbarous War when the Subject shall take Arms to destroy or unthrone their own Liege a Religious and most gracious King 3. The Service of God in most Churches is neglected when almost all 3. Mischief the ablest gravest and most Orthodox Divines and Preachers are persecuted plundered imprisoned and driven to flie as in the time of the Arian or Donatist which was worse than the Heathen persecution from City to City and to wander in Desarts from place to place to save themselves from the hands of these Rebels against the King and Persecuters of Gods Church which is a most grievous and a most cruel persecution far more general than that of the Anabaptists in Germany or of Queen Mary here in England The Lord of Heaven make us constant and give us patience to indure it 4. The whole Kingdom is and shall be yet more by the continuance 4. Mischief hereof unspeakably impoverished and plunged into all kind of miseries when the travailer cannot pass without fear nec hospes ab hospite tutus the Carrier cannot transport his commodity but it shall be intercepted the Husbandman cannot till his ground but his Horses as my self saw it shall be taken from the Plough and his Corn shall be destroyed when it is ready for the Sickle which must be the fore-runner of a Famine that is ever the Usher to introduce the Plague and Pestilence and all other kind of grievous diseases and these things put together do set wide our Gates and open our Ports to bring forraign foes into our Coasts to possess that good Land whereof we are unworthy because with the Israelites we loathed Manna we were weary of our peace and
happiness we would buy Arms and be Voluntiers and every Town being too wanton would needs train and put themselves into a posture of defence as they termed it to be secured from their own shadows and though the King told them often there was no cause of their Jealousies and therefore forbade these disloyalties yet just like the Jews they were willing to be deceived by this miserable faction that contrived that Act whereby they have perfidiously over-reached both our good King and the rest of our wel-meaning brethren either to perfect their Design or else to make themselves perpetual Dictators and to betray the felicity of all our people under the name of Parliament which though as I said before I honour and love as much as any of the truest Patriots of either House both in the institution and the right prosecution thereof that is as it was constituted to be the great Council of the Kingdom graciously called by his Majesties-writ confidently to present the grievances of the people and humbly to offer their advice and counsels for their Reformation yet I do abhor those men that would abuse the word Parliament only as a Stalking-Horse to destroy all Acts of 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
Trust interrupting our Peace opposing his Majesty and violating all our ancient liberties Or if a better way may be found let us follow the same to God's glory and to produce the peace and happinesse of this Kingdom lest if we persist obstinately in this wilfull Rebellion to withstand God's Ordinance to oppose his Anointed and to shed so much innocent blood we shall thus fighting against Heaven so far provoke the wrath of the God of Heaven as that the Glory of Israel shall be darkned the Honour of this Nation shall be troden under-foot and be made the scorn of all other Nations round about us and the light of our Candlestick shall be extinguished and we shall all become most miserable because we would not hearken to the voice of the Lord our God Which I hope we will do and do most earnestly pray that we may do it to the Glory of God the Honour of our King and the Happinesse of this whole Kingdom through Jesus Christ our Lord to whom be Praise and Dominion both now and for ever Amen Jehovae Liberatori AN APPENDIX THe man of God speaking of transcendent wickednesse saith Their Vine is of the Vine of Sodom and of the fields of Gomorrah their Deut. 32â— 3â—â— grapes are grapes of gall their clusters are bitter their wine is the poison of Dragons and the cruel vemon of Aspes And I believe never any wickednesse deserved better to be clad with this elegant expression than that threefold iniquity 1. The unparallel'd Vote 2. The intolerable Ordinance 3. The damnable Covenant which the rebellious Faction in Parliament have most impiously contrived to make up the full measure of their impiety since the writing of my Discoveries For 1. Omitting that horrible practice of those rebellious blood thirsty Souldiers that did their best to murder their own most gracious Queen this Factionseeing how God prevented that plot voted this most loving and most loyal Wife to be impeached of High Treason for being faithful to do her uttermost endeavour which will be her everlasting praise to assist her most dear and Royal Husband their own Liege Lord and Soveraign King in his greatest extremities against a virulent mighty Faction of most malicious Traytors The strangest Treason that ever the World heard of 2. They made an Ordinance for the composing and convocating of such a Synod whereof I said somewhat before of Lay-men ignorant men factious men trayterous men and such concretion of heterogeneall parts like Nebuchadnezzars Image Gold Brass and Clay all mixed together and all so ordered limited and bridled as it is expressed in the 5. and 6. page of their Ordinance by the power of both Houses where there are such abundance of Schismaticall and seditious Members that I should scarce put the worst sensitive soul to professe that â—rratical faith or any brute beast to be guided by that Ecclesiastical Discipline that such factious Traytors as some of them are like to be proved should compose or cause to be composed 3. They composed a form of a sacred Vow or Covenant as they term it or as it is indeed the Covenant of Hell a Covenant against God to overthrow the Gospel of Christ under the name of Christ which Covenant is the oil that swimmeth uppermost upon the waters that is the oil of Scorpioâ—s or as Moses saith The poison of Dragons so lately wringed and diffused far and near to defile and destroy millions of souls when forgetting their faith to God and the oathes of their allegeance so often and so solemnly taken by many or most of them to be faithful unto their King they shall be compelled which is one degree worse than the vow of them that bound themselves with a curse neither to eat nor drink till they had killed Paul so hypocritically so perjuredly so rebelliously so horribly and so bloodily to make such a fearful Vow and such an abominable Covenant so wickedly contrived that without great and serious repentance spitteth forth nothing but fire and briâ—stone and can produce nothing else but Hell and Damnation to all that take it especially to them that will compell men to be thus transcendently wicked as if they would send them with Corah quick to Hell All which triplicity of evil I shall leave to some abler and more eloquent Pen to be set forth more fully in the right colours that being sufficiently displayed they may be throughly detested of all good men Amen O Lord have mercy upon us and incline our hearts to keep thy Laws THE CONTENTS Of the severall Chapters in the Plots of the Parliament Chap. I. SHeweth the Introduction the greatness of this Rebellion the originall thereof the secret plots of the Brownisticall Faction and the two cheifest things they aimed at to effect their plot Page 251. Chap. II. Sheweth the eager prosecution of our Sectaries to take off the Earl of Strafford's head How he answered for himself The Bishops right of voting in his cause His excellent virtues and his death p. 254. Chap. III. Sheweth how they stopped the free judgement of the Judges procured the perpetuity of the Parliament the consequences thereof And the subtile device of Semiramis p. 259. Chap. IV. Sheweth the abilities of the Bishops the threefold practice of the Faction to exclude them out of the House of Peers and all the Clergy out of all Civil Judicature p. 262. Chap. V. Sheweth the evil consequences of this Act How former times respected the Clergy How the King hath been used ever since this Act passed and how for three speciall Reasons it ought to be annulled p. 265. Chap. VI. Sheweth the plots of the Faction to gain unto themselves the friendship and assistance of the Scots To what end they framed their new Protestation How they provoked the Irish to rebell And what other things they gained thereby p. 270. Chap. VII Sheweth how the Faction was inraged against our last Canons What manner of men they chose in their new Synod And of six speciall Acts of great prejudice unto the Church of Christ which under false pretences they have already done p. 274. Chap. VIII Sheweth what Discipline or Church-government our factious Schismaticks like best Twelve Principal points of their Doctrines which they hold as 12. Articles of their faith and we must all believe the same or suffer if this Faction should prevail p. 270. Chap. IX Sheweth three other speciall points of Doctrine which the Brownists and Anabaptists of this Kingdom do teach p. 274 Chap. X. Sheweth the great Bug-bears that affrighted this Faction The four speciall means they used to secure themselves The manifold lyes they raised against the King And the two special Questions that are discussed about Papists p. 278. Chap. XI Sheweth the unjust proceedings of these factious Sectaries against the King Eight special wrongs and injuries that they have offered him Which are the three States And that our Kings are not Kings by Election or Covenants with the people p. 283. Chap. XII
to have their own wills them but whom themselves will choose and their choice cannot long satisfie their mindes but as the Jews received Christ into Jerusalem with the joyfull acclamation of Hosanna and yet the next day had the malicious cry of Crucifige so the least distaste makes them greedy of a new change such is the nature of the People But though I said before the election of our chiefe Governours may for many respects be approved of God among some States yet I hope by this that I have set down it is most apparent unto all men contrary to the tenet of our Anabaptisticall Sectaries that the hereditary succession of Kings to govern God's People is their indubitable right and the immediate prime principal Ordinance of God therefore it concerns every man as much as his soul is worth to examine seriously whether to fight against their own King be not to resist the Ordinance of God for which God threatneth no less punishment then damnation from which Machiavel cannot preserve us nor any policy of State procure a dispensation CHAP IV. Sheweth what we should not do and what we should do for the King the Rebels transgressing in all those how the Israelites honoured their persecuting King in Egypt how they behaved themselves under Artaxerxes Ahashuerus and under all their own Kings of Israel and how our Kings are of the like institution with the Kings of Israel proved in the chiefest respects at large and therefore to have the like honour and obedience AS every lawfull King is to be truly honoured in regard of God's Ordinance 2. All kings are to be honoured in respect of God's precept considered two wayes 1. What we should not do so likewise in respect of God's precept which commandeth us to honour the King and this duty is so often inculcated and so fully laid upon us in the holy Scripture that I scarce know any duty towards man so much pressed and so plainly expressed as this is 1. Negatively what we should not do to deprive him of his Honour 2. Affirmatively what we should do to manifest and magnifie this Honour towards him for 1. Our very thoughts words and works are imprisoned and chained up in the linkes of God's strictest prohibition that they should no wayes peeep forth to produce the least dishonour unto our King for 1. The Spirit of God by the mouth of the wisest of men commands us 1. To think no ill of the King Curse not the King no not in thy thought Eccles 10. 30. to think no ill of the King let the King be what he will the precept is without restriction you must think no ill that is you must not intend or purpose in your thoughts to do the least ill office or disparagement to the King that ruleth over you be the same King virtuous or vitious milde or cruell good or bad this is the sense of the Holy Ghost For as the childe with Cham shall become accursed if he doth but dishonour and despise his wicked father or his father in his wickedness whom in all duty he ought to reverence so the Subject shall be liable to Gods vengeance if his heaâ—t shall inâ—end the least ill to his most tyrannicall King 2. The same Spirit saith Thou shalt not revile the Gods that is the Judges of 2. To say no ill of the King Exod 22. 28. Act 23. 5. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 3. To do no hurt to the King Psal 105. 15. 1 Sam. 24 4 5. the Land nor curse that is in â—aint Pauls phrase speak evill of the Ruler of the people and what can be more evill then to bely his Religion to traduce his Government and to make so faithfull a Christian King as faithless as a Cretan which is commonly broached by the Rebels and Preached by their seditious Teachers 3. The great Jehovah gives this peremptory charge to all Subjects saying Touch not mine Anointed which is the least indignity that may be and therefore Davids heart smote him when he did but cut off the lap of Sauls garment What then can be said for them that draw their swords and shoot their Cannons to take away the life of Gods Anointed which is the greatest mischiefe they can do I beleive no distinction can blinde the judgment of Almighty God but his revengefull hand will finde them out that so maliâ—iously transgress 2. What we should do to honour the King Eccles 8. 2. 1. To observe the kings commands his precepts and think by their subtilty to escape his punishments 2. The Scriptures do positively and plainly command us to shew all honour unto our King â—or 1. Solomon saith I counsell thee to keep the Kings commandment or as the phrase imports to observe the mouth of the King that is not onely his written law but also his verball commands and that in regard of the oath of God that is in respect of thy Religion or the solemne vow which thou madest at thine initiation and incorporation into Gods Church to obey all the precepts of God whereof this is one to honour and obey the King or else that oath of â—â— si religio tollitur nulla no bis cum coelo ratio est Lactant Inst l. 3. c. 10. allegiance and fidelity which thou hast sworn unto thy King in the presence and with the approbation of thy God which certainly will plague all perjurers and take revenge on them that take his name in vain which is the infallible and therefore most miserable condition of all the perjured Rebels of this Kingdom For if moral honesty teacheth us to keep our promises yea though it were to our own hindrance then much more should Christianity teach us to observe our deliberate and solemn oathes whose violation can bear none other fruit then the heavy censure of God's fearful indignation But when the prevalent faction took a solemn Oath and Protestation to defend all the Privileges of Parliament and the Rights of the Subjects and then presently forgetting their oath and forsaking their saith by throwing the Bishops out of the House of Peers which all men knew to be a singular Priviledge How the prevalent Faction of the Parliament forâ—wore themselves 2. To obey the kings commandements Josh 1. 18. * Quia in talibus non obedientes mortaliter peccanâ— nisi foreâ— illud quod praecipitur contra praeceptum Dei vel in sa lutis dispendium Angel summa verb. obedientia 3 To give the king no just cause of anger Prov. 2. 2. The Rebels have given him cause enough to be provoked 4. To speak reverently to the king and of the king Eccles 8. 4. and the House of Lords acknowledged to be the indubitable right of the Bishops and their doctrine being to dispence with all oaths for the furtherance of the cause it is no wonder they falsifie all oaths that they have made unto the King 2. The people said unto Joshua Whosoever rebelleth against thy commandment
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 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
3 respects and the more goodnesse where he bestowed the more grace ideò deteriores estis quia meliores esse debetis and will men therefore be the more sinfull Luke 12. 48. Salvian de Pro. vid. l. 4. because they ought to be the more righteous 2. All mens eyes are upon the Prince and as Seneca saith of the royall Pallace Perlucet omne regiae vitium domûs the houses of Kings are like glasses and every man may look through them so their actions can no more be hid then he Câ—ty that is placed upon an hill but their least and lightest acts are soon seen 3. Their places are as slippery as they are lofty when as one saith height itself Seneca in Agamemn 2. 1. maketh mens braines to swimme nunquam solido stetit superba foelicit as and proud insolency neveâ— stood sure for any certain space for as God hath made them Gods so he can unmake them at his pleasure and as S. Augustine saith Quod contulit immerentibus tollit malè merentibus quod illo donante Aug. ho. 14. fit nostrum nobis superbientibus fit alienum what God hath freely bestowed upon you without desert he may justly take away from you for your evill deserts and what is ours through Gods gift may be made another mans through our own pride and not onely so but as he hath heaped honours upon their heads that they might honour him so if they neglect him he can powre contempt Job 12. 21. Job 30. 1. upon Princes and cast dirt in their faces and make them a very scorne to those that formerly they thought unworthy to eate with the dogs of their flock and then Quanto gradus altior tanto casus gravior the higher they were exalted the more will be their greif when they are dejected as it was with those Kings that being wont to be carryed in their royall Charets were forced like horses to draw Sesostris Coach Quia miserrimum est fuisse felicem because it is a most wretched thing to have been happy and not to be or as the Poêt saith Qui cadit in plano vix hoc tamen evenit unquam Ovidius Trist l. 3. Eleg. 4. Sic cadit ut tacta surgere possit humo At miser Elpenor tecto dilapsus ab alto Occurrit regi flebilis umbra suo And therefore all Kings should be ever mindfull of the words of King David He that ruleth over men must be just ruling in the feare of God and all these things 2 Sam. 23. 3. that I have set down should move all Kings and Princes to set their mindes upon righteousnesse to judge the thing that is right and to live to reigne and rule according Psal 58. 1. What should move all kings to rule justly according to Lawes to the straight rule of the Law that so carrying them justly and worthily in their places the poore people may truly say of them Certè Deus est in illis they may well be called Gods because God is in them and if these things will not nor cannot move them to be as mindfull of their duty as well as they are mindfull of their excellency then let them remember what the Psalmist saith Psal 149. 8. He will bind Kings wâ—th fetters and their Nobles with linkes of Iron and let them meditate upon the words of King Solomon where he saith unto them all Heare O ye Kings and understand learne ye that be Judges of the ends of the earth give care you that rule the people and glory in the multitude of Nations for power is given you of the Lord and soveraignty from the Highest who shall try your works and search out your counsels because being Ministers of his Kingdomes you have not judged aright nor kept the Law nor walked after the counsell of God horribly and speedily shall he come upon you for a sharpe judgment shall be to them that are Sap. 6. usque ad vers 9. in high places for mercy will soon pardon the meanest but mighty men shall be mightily tormented for he that is Lord over all shall feare no mans person neither shall he stand in awe of any mans greatnesse for he hath made the small and the great and careth for all alike but a sore tryall shall come upon the mighty And the Apostle saith It is a fearfull thing to fâ—ll into the hands of the living God Heb. 10. 31. which things should make their eares to tingle and their hearts to tremble whensoever they step aside out of Gods Commandments And thus we set down the charge of Kings and the strict account that they must tender unto God how they have discharged the same whereby you see we flatter them not in their greatnesse but tell them as well what they should be as what they are and presse not onely obedience unto the people but also equity and justice unto the Prince that both doing their dutie both may be happy CHAP. XV. Sheweth the honour due to the King 1. Feare 2. An high esteem of our King how highly the Heathens esteemed of their Kings the Marriage of obedience and authority the Rebellion of the Nobility how haynous 3. Obedience fourefold diverse kinds of Monarchs and how an absolute Monarch may limit himself 2 I Have shewed you the person that we are commanded to honour the King 2. The honour that is due to the King I am now to shew you the honour that is due unto him not only by the customes of all Nations but also by the Commandment of God himself Where first of all you must observe that the Apostle useth the same word here to expresse our duty to our King as the Holy Ghost doth to expresse our duty to our father and mother for there it is said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and here S. Peter saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to shew indeed that the King urbi pater est â—rbique maritâ—s is the common Father of us all and therefore is to have the same The same that is due to our Father and Mother honour that is due to our Father and Mother and I have fully shewed the particulars of that honour upon that fifth Commandment I will insist upon some few points in this place and as the ascent to Solomons throne was per sex gradus by six speciall steps so I will set you down six main branches of this honour that are typified in the six ensignes or emblems of Royall Majesty for 1 The Sword exacteth feare and the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth as much Six speciall branches of the honour due to the King 2 The Crown importeth honour because it is of pure gold 3 The Scepter requireth obedience because that ruleth us 4 The Throne deserves Tribute that his Royalty may be maintained 5 His Person meriteth defence because he is the Defender of us all 6 His charge calleth for our Prayers that he may be inabled to
discharge it 1. Kings are called Gods and all the Royal Ensigns and Acts of Kings are ascribed 1. Feare to God as their Crown is of God whereupon they are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 crowned Psal 21. 3. Psal 18. 39. Judg. 7. 17. Exod. 4. 20. 17. 9. 1 Chron. 19. 21. 2 Chron. 19. 6. Sap. 17. 12. of God their sword is of God whereupon the Psalmist saith thou hast girded me with strength unto the battle their Scepter is the Scepter of God for so Moses rod which signifieth a Scepter as well as a rod is called the rod of God their throm is the throne of God and their judgment is the judgment of God and you know how often we are commanded in the Scripture to feare God and the Poet saith primus in orbe Deos fecit timor and where there is no feare of God there is no beleife that there is a God for feare is the betraying of the succours which reason offereth and when we have no reason to expect succour our reason tells us that we should feare that is the punishment which we deserved for those evils which deprived us of our suâ—cours and therefore this feare of the punishment The want of feare the cause of all mischiefe doth often times keep us from those evils even as the Scripture saith timor Domini expellit peccatum and the want of this feare is the cause of all mischief as the Prophet David sheweth when after he enumerated the most horrible sins of the wicked that their throat was an open sepulâ—her the poyson of aspes under their Rom. 3. 13. lips their mouth full of cursing and bitternesse and their feet swift to shed blood he addeth this as the cause of all that there was no feare of God before their eyes P. 14. V. 7. And truly this is the cause of all our calamities that we feare not our King for if we feared him we durst not Rebell and revile him as we do But what is the reason that we do so little fear either God or the king the Why men do so little sear God and the king Eccles 5. 6. son of Sirach sheweth it is their great mercy and clemency this which worketh love in all good natures produceth boldnesse impudency and Rebellion in all froward dispositions who therefore sin because God is merciful and will Rebel against their king because they know he is pitiful and milde and will grant them pardon as they beleive if they cannot prevaile which is nothing else but like spideâ—s to suck poyson out of those sweet flowers from whence the bees do gather hony but let them not deceive themselves for debet amor laesus irasci love too much provoked will wax most angry laesa patientia sit furor and therefore the son of Syrach saith concerning propitiation be not without Eccles 55 6. fear and say not his mercy is great for mercy and wrath come from him and his indignation resteth upon sinners so though our king be as the kings of Israel a merciful minded man most mild and clement yet now when he seeth how these Rebels have abused his goodnesse and his patience to the great sufferance of his best Subjects he can draw his sword and make it drunk in the bloud of the ungodly that have so transcendently abused both the mercies of God and the goodnesse of the King When diverse people had Rebelled against Tarquin and his son had surprised many of their chief leaders he sent unto his father to know what he should do with them the King being in his field paused a while and then summa Papavera carpsit with his staffe chopt off the heads of diverse weeds and thistles and gave the messenger none other answer but go and tell my son what I am doing and his Son understanding his meaning did with What Tarquin did to Rebels them as Tarquin did with the Poppies so many Kings would have done with these Rebels not out of any love to shed bloud but out of a desire to preserve Peace not for any natural inclination to diminish their Nobility by their decollation but from an earnest endeavour to suppresse the community from unnatural Rebellion ut poena in paucos metus adomnes that the punishment of some What effects the Kings clemency wrought might have bred fear in the rest and that fear of the King in them might keep his good Subjects from fear of being undone by them But all the World seeth our King is more merciful and hath sought all this while to draw them with the cords of love which hath bred more troubles to himself more afflictions to us and made them the more cruel and by their Oaths and Protestations Leagues and Covenants to do their best to bring the King and all his loyal Subjects into fear if they may not have their own desires But we are not afraid of these Bug-beares because we know this hath been the practice of all Rebels to linke themselves together with Leagues and Covenants as in the conjuration of Cateline and the holy league in France and the like and many such Covenants and Leagues have been made with Hell to the utter destruction of the makers as when more then forty men vowed solemnly and they intended to do it very cunningly that they would neither eat nor drinke until they had killed Act. 23. 12. Paul for so they might be without meat until the day of judgement if they would keep their Oath and so these Covenanters may undo themselves by such hardening their faces in their wickednesse because this sheweth they are grown The Rebels Covenants shew they are grown desperate desperate and are come to that pass that they have little hope to preserve their lives but by the hazarding of their soules as if they thought the Devil for the good service they desire to do him to overthrow the Church to destroy thousand souls may perchance do them this favour to preserve their lives for a time to bring to passe so great a worke whereas we know the Church is built upon a Rock and God hath promised to defend his Anoynted so that all the power of hell shall never prevail against any of these Wherefore to conclude this point seeing God hath put a sword into the hand of the king and the King bears not the sword in vain but though it be long Rom. 13. 4. in the sheath he can draw it out when He will and recompence the abuse of His lenity with the sharpnesse of severity let us fear or if you would not fear do well saith the Apostle return from your Rebellion and from all V. 3. your wicked wayes and you may yet finde grace because you have both a merciful God and a gracious king 2. As we are to feare so we are to reverence our King that is to have an 2. To have an high and good esteeme of our
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
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
might be possest of that fear qui cadit in fortem constantem virum for mine eyes did see them and mine ears did hear it said What Bishop soever they met they would be his death and I thanked God they knew not me to be a Bishop Then they set upon Saint Peters Church of Westminster Their furious assault upon Saint Peters Church in Westminster burst part of the door to pieces and had they not been most manfully withstood by the Arch-Bishop of York his Gentlemen and the Prebends Servants together with the Officers of the Church they had entred and likely ransacked spoyled and defaced all the Monuments of the Ancient Kings broken down the Organs and committed such Sacriledge and prophanation of that Holy place as their fellow Rebels have done since in Canterbury Winchester Worcester and other places whereof I shall speak hereafter the like was never seen among the Turks and Pagans and after these things what rage cruelty and barbarity they would have shewed to the Dean and Prebends we might well fear but not easily judge I am sure the Dean was forced to hire Armed Souldiers to preserve the Church for many daies after for seeing these riotous Tumults could not as yet obtain their ends they came nay they were brought again and again and they justled and offered some violence unto the Arch-Bishop's Grace as he went with the Earl of Dover into the Parliament House which made him and the rest of his brethren justly to fear what might be the issue of these sad beginnings which they conceived must needs be very lamentable if timely remedy were not applied to prevent these untimely frights and unchristian tumults Therefore when no Complaints either to the House of Lords or Commons could produce any safe effects but rather a frivolous excuse than a serious redress that they came to petition against the Government and not to seek the destruction of the Governours the Bishops were inforced and in my judgment flesh and blood could take no better course in such a case in such distress and I believe it will be found wisdom hereafter to make their Petition for their security and Protestation against all Acts as null they might have added to them and whom they represented that should be enacted in their unwilling absence while they were so violently hindered from the House and it may be some word might pass in this Protestation that might be bettered or explained by another word yet on such a suddain in such a fright when they scarce had time to take Counsel of their pillows or to advise with their second thoughts quae semper sunt saniores To watch for iniquity to turn aside the Esay 29. 20 21. just for a thing of nought to take advantage of a word or to catch men for one syllable to charge them with High Treason to bring them unto death so many Reverend Bishops to such a shameful end was more heavy than ever I find the Jews were to the old Prophets or the Pagan Tyrants unto the Primitive Fathers nor do I believe you can Parallel the same charge in any History yet 3. For this one necessitated Act of the Bishops the House of Commons 3. How they were committed to Prison do suddainly upon the first sight thereof charge twelv of them with High Treason they were not so long Condemning it as the Bishops in Composing it and accordingly the Lords commit them unto Prison And if this was Treason I demand why could they not prove it so to be Or if it was not why should such an House Flos Medulla regni the greatest and the Highest Court of Justice from which the King consenting with them there lieth none appeal but only to the Court of Heaven accuse them of High Treason I would not have that Court to charge a man with any thing that were not most true for certainly whosoever unjustly compasseth my death is justly guilty of death himself when as the Poet saith Lex non justior ulla Quà m necis artifices arte perire suâ It may be they would have us to believe this Treason was not proved nor the charge so fully followed as they intended out of some mercy to save their lives but I could sooner believe they rejâ—yced to see them fear and were glad of their mistake that they might charge them and by such a charge cast them into prison that so they might the more easily work their Design to cast them out of the Parliament which now they have soon effected and procured an Act for their exclusion And you must know that to cast out from doing good or serving God is a work of the Divel and not of God so the wicked Husbandmen did cast out the right Heir of the Vine-yard out of his own inheritance so the The consquentes of this Act. Jews did cast out the blind man and all that professed Christ out of their Synagogue But you may better judge of this good Act by these consequences which are like to be the fruits thereof 1. Hereby they are all made incapable to do any good either for Gods 1. Made incapable of doing any good honour or their neighbours benefit by executing justice or pronouncing judgment in any cause in any temporal Court and justice which long agon hath fled to Heaven and wanders as a stranger here on earth must be countenanced and entertained only by the sons of men by secular Lords and Gentlemen and the Spiritual Lords the Servants of God and messengers of Heaven must have nothing to do with her not because they are not as well able as any other to do justice but because the others cannot endure to let them see it for fear they should hinder their injustice and therefore justice and judgment are like to speed well on earth when their chiefest friends are banished from them and it may be worldlings oppressours or most ignorant youths rather than any just understanders of their natures must be their Judges 2. Hereby they are made unable to defend themselves or their calling 2. Made unable to defend themselves from any wrong their respect was little enough before and their indignities were great enough and yet now we are exposed to far greater miseries and to 〈◊〉 injuries when a Bishop hath not so much Authority as a Constable â—â— withstand his greatest affronts But hoc Ithacus est this is that which the Devil and his great Atreides's his prime Champions to enlarge his Kingdom would fain have our Souls to remain among Lions and all the means or defence to be taken from us our enemies to be our Judges and our selves to be murdered with our own weapons In the time of Popery there were many Laws de immunitate Clericorum whereby we were so protected that the greatest Prince could not oppress us as you may find in the Reign of King John and almost in all our Histories and when we renounced the Pope