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A91248 Jus regum. Or, a vindication of the regall povver: against all spirituall authority exercised under any form of ecclesiasticall government. In a brief discourse occasioned by the observation of some passages in the Archbishop of Canterburies last speech. Published by authority. Parker, Henry, 1604-1652.; Hunton, Philip, 1604?-1682, 1645 (1645) Wing P404; Thomason E284_24; ESTC R200064 30,326 40

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but have no commission from the Word of God to injoyn or command any externall duties but to exhort onely to the performance of those which were commanded and ordained by God himself neither had they ever any spirituall authority committed unto them for the inforcing of obedience unto any thing that should be ordained by themselves For the Apostles never had nor never exercised any such authority In brief the summe of all is briefly thus that as under the Law all bowing down to any graven Image and the worshipping of God in the likenesse of any thing in heaven or in earth was Idolatry So under the Gospel which was the end and consummation of the Law all externall worship of God that doth not spring from faith as from the root is to be accounted Idolatry as being a counterfeit worship set up by the imagination of men not according to the will of God And my Lord of Cant. doth here in some sort acknowledge this for a truth but removes the guilt from himself to lay it upon the people for here he doth account the worshipping of God according to the imaginations of the people to be Idolatry but doth not consider that what he esteemed Idolatry in them might be in himself If he could produce no better warrant then his own imaginations for with God there is no respect of persons but then the question will be whether he was brought to that place to suffer for refusing to submit to that idolatry which here he affirmeth was setting up by the people or for imposing upon them a will worship according to his own imaginations onely And if he himself had given the answer he could not say that the people did impose any thing upon him in the worship of God but it was apparent and undeniable that he did upon the people for doing whereof he neglected his Ministeriall Office consisting chiefly in Information Instruction and Exhortation thereby to convince the conscience which is uncapable of constraint from the authority of man and usurped an authority which is onely peculiar to God and cannot be communicated to man for which the people notwithstanding were not his Judges but the Law of the Land against which he did no lesse transgresse for imposing upon the people any thing by a lawlesse authority not warranted by the Laws then he did offend against the Word of God by usurping a spirituall authority not warranted in the Word For the Law of the Land restraineth the making of all Laws and constitutions and the imposing of any new thing upon the Subjects of this Kingdome to the Authority of Parliaments And albeit the Clergy might assemble in Convocation yet were all their Acts and Constitutions of no force nor validity untill confirmed and ratified by Parliament whereas my Lord of Canterbury did not onely innovate many things in the worship of God but did introduce and impose many new things in the Church by his own authority and in the State by his credit with the King by the Regall Power directly against the Laws of the Kingdom for which he was at that time brought upon the Scaffold to suffer not because he did preferre a passive sufferance before an actuall obedience to unlawfull and prohibited Idolatry as did the 3. Children but because he did exact obedience from others to his lawlesse commands without any warrant from the Word of God nor from the Laws of the Land but by an usurped authority over both wherefore his case can no wayes be compared to the 3. Childrens but without any injury done to him he may justly be taxed with presumption for his paralels or comparisons And as his presumptions are notorious so is his want of charitie manifest notwithstanding his seeming professions to the contrary as appeareth in his next Section which he beginneth with a charitable prayer That God would blesse all this people and open their eyes that they may see the right way The which his charity doth terminate and end in himself which is not charity for charity extendeth chiefly to others and the inference which he maketh doth discover the summe of his desires for a blessing upon this people for the opening of their eyes to be chiefly meant that they might see and acknowledge his Innocencie which he doth here present to their consideration not obscurely implyed but positively affirmed against all accusation whatsoever by the attestation of his own conscience Having upon this occasion ransacked every corner of his heart where he hath not found any of his sins that are there deserving death by the known Laws of the Land Certainly he was not nor could he be so ignorant as here he pretends to be innocent for he could not choose but know that it was death by the known Laws of this Kingdom for any Subject to innovate against the established Government But supposing there had been no positive Law against it yet was it to have been esteemed an unpardonable crime deserving the most rigorous of deaths for any Subject to attempt it no lesse then it had been in an Athenian to murther his own father when the Laws were silent for the punishment as presupposing no such crime would be committed nor could his conscience be so seared as not to dictate unto him that he was the adviser to the King needlesly to assume an arbitrary power for the introducing of many things whereof he himself was the chief Author against the known Laws of the Land And if nothing else had been proved yet one thing was so manifest that it needed no proof at all the assuming of a Legislative power by making of Laws and Constitutions in a Provinciall Assembly binding to the whole Subjects and Clergy in generall to be inforced by Spirituall Authority or Ecclesiasticall censures and imposing a generall tax upon the Clergy without any confirmation but of the Kings Letters Patents which was a manifest usurpation over the consciences of men and a breach against the fundamentall Laws of the Kingdome the King himself having no such power nor prerogative and former Kings having never assumed it besides the cheat which he did put upon the King in perswading his Majestie to establish that by his Prerogative which was not onely derogatory but destructive to his Prerogative as shall be opened more pertinently hereafter and yet he would here perswade the people he dieth innocently not deserving death For which his undeserved sentence notwithstanding he is so charitable as to charge nothing not in the least degree upon his Judges for they are to proceed by proof by valuable witnesses and in that way he or any Innocent in the world may justly be condemned If he had ended here it had been against charity not to beleeve him but as fire cannot long be concealed after it hath taken hold any combustible matter but will break forth and appear So the fire of his indignation against his Judges being kindled in his breast must needs break forth in despite of dissimulation
truth the Lord hath sent me to you to speake all these words in your eares The words are so plaine they need no comment His third particular is this poore Church of England as he calls it but from thence no observation is to be drawne for it is an undeniable truth what is there affirmed onely it would be inquired after who hath beene the principall and Instrumentall cause of this great change but he hath made no application and so will I. His last particular is himselfe and that about his religion in which he is very breefe choosing to expresse himselfe by circumstances which admit of a latitude that may deceive the hearer or reader rather then positively and cleerly whereby he leaves the hearer or reader as little satisfied as if he had said nothing at all yet doth he confesse his labouring to keep up an Vniformity in the externall worship of God but makes no mention at all of what meanes he used to doe so for in the wayes which he tooke and in the meanes which he used consisted his cheefest guilt but that he passeth over and so comes at last to speake of his accusation which was no lesse then an accusation of High treason and by no meaner persons then by the whole Commons of England assembled in their representative body in Parliament and there and by them proved agaynst him yet hath he the confidence to say it was a crime his soule ever abhorred howsoever he proceeds to the parts of his charge being two an Indeavour in him to subvert the Law of the Realm and a like Indeavour to subvert the true Protestant Religion established by those Laws both which he seemeth to deny but so mistically as that his meaning is rather to be collected then that it can be cleerely discerned For he expresseth himselfe variously and answereth in another forme of words then which were proposed by him for having propounded them that the charge against him was an Indeavour to subvert the Law of the Realme and a like Indeavour to overthrow the true Protestant Religion established by those lawes he answereth having first protested In the presence of Almighty God and all his holy and blessed angels that hee did take it now upon his death that he never endeavoured the subversion of the Lawes of the Realme nor never any change of the Protestant Religion into Popish superstition the sense of which words doth imply a great change from what they were when first propounded for by his first proposition of them he expresseth himselfe to have been accused of an endeavour to subvert the Law of the Realm by which word Law in the singular number as in the abstract may bee understood the legislative power or power of law-making comprehending the frame of this government and including King and Parliament which he was charged to overthrow by an Indeavour to introduce an Arbitrary government depending upon the will of the King alone and excluding the Parliament and in his answer he makes mention of the subversion of the lawes in the plurall number where they are confined to different subjects as to so many individuall substances by which may be meant the particular acts and laws issued forth and derived from that power and may comprehend them all which no man did ever thinke or lay to his charge that he indeavoured the subversion of all the whole lawes and of every particular and therefore here doth appeare a fallacy and deceite which is agreable to his former practises so likewise in the other branch about Religion he first propounds it of an Indeavour to overthrow the true Protestant Religion established by those lawes and answereth of any change of the Prottestant Religion into Popish superstition which is a manifest difference whereof hereafter having occasion to speake first of his esteeme of Parliaments which he takes occasion to mention here as having bin accused as an enemie to them the which he denies expressing a Reverend esteeme of them in the generall as of the greatest Court over which no other Court can have any Jurisdiction in the Kingdome but professeth his dislike against some few one or two Parliaments in particular for some misgovernments in them as he did conceive but what those misgovernments were hee doth not expresse onely in stead thereof a generall reason is given Coruptio optimi est pessima but from thence he might condemne and destroy all Parliaments and the best of governments and of every thing as often as he pleaseth if nothing more be required but that his affirmations must be admitted for proofes for there is nothing wherein the frailty of man must bee imployed but may admit of errour and corruption but it doth not follow that whatsoever may doth nor doth it anywhere appeare that any of those Parliaments which hee here condemneth were guilty at all of any such corruption as he layeth to their charge but the contrary is manifest and if for no other thing yet for this his esteem of them for undoubtedly by him they should have been better esteemed If really and truely they had been more corrupted for Parliaments may be then said to be corrupted when all or most part of the members do subject their Votes to the determination and judgement of others preferring the particuler pleasure interrest or ends of some whom they respect before the generall good of all whom they represent neither is it any impossible thing so to pack a Parliament as not onely the things to be proposed and debated but the greater number of the Members Votes shall depend upon the pleasure of others being agreed and united amongst themselves for a particular and sinister end for it is no false report but a well known and undenyable truth that in the choice of the Members of the lower House of Parliament which doth depend upon a free Election by the Gentry Communalty and freeholders in England the major number within their severall limits and jurisdictions giving it to whom they please yet the reputation of some in some places especially hath been such as to prescribe to those who were to choose who should be chosen by them whereby many have been returned by the favour and recommendation of others rather then by any merit of their own and it is probable that a designe of changing Religion and altering the government having been for a long time pursued by a faction of men who had obtained power and favour about the King that they were not negligent in making use of this advantage for their own ends it plainly appears that they were not because at divers times they had recourse to Parliaments in time of prosecution of the designe before it was finished which to some might seeme a likely meanes in all apperance to have overthrowne all such designe for ever but the successe of those Parliaments and the conclusion which they made doth cleerely demonstrate what the designers purpose and intention was in calling them for the end
of calling of all Parliaments is either a purpose and desire of releiving the Kings wants and to supply his necessities or to redresse the grievances of the subjects or both for such hath been the prudence of our ancestors in setling the frame of this government not only to deny to their Kings all power of imposing any taxes upon the Subjects with out their own free consents by their representative body assembled in Parliament but did as it were binde the hands of their Kings by their own consents signified by divers Acts of Parliament from so doing for ever For which their Kings were recompensed with a speciall and absolute Prerogative of calling and dissolving of Parliaments at their will and pleasure onely The people being thereby assured that if a desire to right the peoples grievances and for providing of beneficiall Laws were not sufficient motives and inducements to the King for calling of Parliaments yet the confideration of and respect to his own necessities and wants would move him and divers Parliaments having been called during the prosecution of this designe which have been dissolved again by the same Prerogative that called them without any application of redresse either to the grievances of the Subjects or to the Kings wan●s doth manifest that whatsoever the pretence was the chief end and purpose of calling those Parliaments was never neither for redresse of the Subjects grievauces nor for relief of the Kings wants but chiefly to make triall what strength they could make in the Parliament to finish their designe by Authority of Parliament For having advanced their designe so farre at Court by their prevalencie with His Majestie that they had obtained the possession of the greatest places and places of greatest trust both about His Majestie and in the Kingdom they were thereby of that credit and reputation that none were preferred to places of trust nor to dignities nor honors without their approbation if not recommendation Which did so secure them that they needed not fear the disappointment of their designe by any opposition at Court and so farre as the Kings power and Prerogative could further it But the Kings Prerogative being not absolute the Laws of this Kingdom and the Constitution of this Government having neither conferred an absolute power nor Prerogative upon the Kings thereof they could never finish their designe whatsoever it was by the Kings Prerogative alone without an additionall confirmation by the Subjects consents assembled in Parliament whereof they were likewise assured if by the reputation and strength of their Faction they could procure such a certain number to be returned Members of the lower House as they might be confident of would suffer their Votes to be directed by them by which means they might hope to carry any thing in that House which should be proposed by His Majestie or in His Majesties name of whose deliberations and determinations they were the chief disposers As for the House of Peers there was no doubt at that time of a prevalent party to concurre with them by reason of the Bishops Votes and Court Lords and others who were obliged to them by many favours they being the chief disposers of all favours which did either depend upon or proceed from His Majesties gift For all which causes and considerations there was no danger to call a Parliament whensoever they pleased For if the Parliament did not answer their expectation it was in the same mens power to perswade the King to dissolve it who had the credit to perswade His Ma. to call it His Majesty suspecting no ends in them but what was pretended for His Majesties service But the succes of those Parliaments declared that the credit of the Faction was not so great in the countrey as at Court for which my L. of Cant. doth here tax them with misgovernment professing his dislike against them onely which must be conceived was because they were not yet moulded nor brought to that frame to condescend to every thing that he and others should project as was the late Synod And the great number of Patentees and Monopolists chosen this Parliament and others who have deserted the Parliament and have sitten since in an Anti-parliament at Oxford doth sufficiently demonstrate upon whom they depended and for whose Interests their Votes have been devoted from the beginning whether for the generall benefit of King and Kingdom or onely to serve the particular ends of such who either in all probability did recommend them or otherwayes from whom they did expect preferment or some other reward But from hence may be collected that the designe for altering Religion and the frame of the Government being two different things that they were not alike intended by the Designers but that the designe for altering of Religion was principally intended by them and that the other designe of introducing an Arbitrary government to the King was but the bait to deceive the King thereby to insinuate the better with him and to ingage His Majestie to them and was chiefly made use of as subservient and conducing to the other designe of Religion that was the onely designe with them which is made manifest by the progresse of both designes For as all motions which by their slownesse or distance seem insensible to the beholder so as at first view it cannot be discerned whither they tend yet are easily perceived by their progresse so the dark and disguised ends of this designe which could not endure the light of open profession is clearly discernable by the progresse which it hath made For albeit that an Arbitrary power in the King hath been made use of in many things to the great prejudice of the Subject tending to the manifest destruction of the Subjects Liberties and Priviledges of Parliament yet when a true account shall be taken what great benefit hath returned to the Regall Authority by all that hath been done the totall sum will be found at the end of the Church-mens bill but none at all at the Kings where on the contrary manifest detriment and losse will appear and that the Kings Prerogative hath been stretched upon the tenters beyond its true by as to set up and settle an absolute or Independent Prerogative in the Church to Church-men which is inconsistent with the Prerogative of the Crown for whensoever the Prerogative of Church-men is advanced to such a height as that it groweth either absolute or Independent the Prerogative of the Crown is either subjected or undermined and the King parts with a reall Authority depending upon his own reason and judgement chiefly to be directed by the will and judgement of another unlesse the smart of his Sword doth terrifie more nor the apprehension of theirs which is all the remedie that will be left him whensoever the chief Governor or Governors of the Church and he do differ And the remedy which the late Cannons applyed for the securing of all men against any suspicion of revolt to Popery hath manifested