everlasting by an Ordinance What duâl unleârned men as he goes on were Sir Edward Cooke Phillips Elliot Digges c. that could never find or devise this knack of forging new Laws in former Parliâments Fourthly were it Law whatsoâver the two Houses declared then could they enact new Laws without the King and so the well tempered and admirably ballanced Government of this Kingdome wherein all the three Estates are shârers after a sort and in the râine order might at the pleasure only of two of them be dissolved But it is not equall that two of the Estates should judge by no Rule sâve their own Votes or that they should be allowed to be the sole arbitrary Judges both of Justice and Policy without the third this must of necessity make the third to stand for a Cypâer That the two Houses are distinct parts of the Parliâment is acknowledged but that they have the power of the whole in right though it hath been executed upon us in fact must be denyed unlesse we will grant that they can make an Act of Parliament without the King In former Ages and ever since Parliaments were in use if I be not misinformed for I am no studied Lawyer the Jus Statutorium or Statutory Lawes were constituta setled and established by the King and both Houses of Parliament in which the reasons of making those Laws were most in the debâting and voting of both Houseâ and the Royâll Assent to them was left to the King with a Le Roy veult or his dissenting from them not peremp ory but with a modest answer Le Roy s'avisera which modest dissânt was of sufficient authority to make a Bill of both Houses invalid And how the King hath lost that right and what new Lawes are found out destructive to that Prerogative I never yet reâd nor ever shall unlesse some new Ordinance or bare Vote can pretend to such an unwarrantable poâer Fiftly if their bâre Votes be more binding and of greater Authority then the King Proclamâtions then are their words above the Kings and their power and authority above His and not His above theirs and then Saint Peter was mistaken in telling uâ that the King is Supreame 1. Pet. 2.13 And we are all forsworne in taking the oath of Supremacy to the King and noâ unto them and so are they for it wâs enacted Anno 5 Eliz. That every Knight Citizen and Burâesseâ in Parliament should take the same oath and unlesse thây took it they should not be admitted Parliament men or have any voyce there Either then the House of Commons hath taken it or not if they have not taken it they are not Parliament men nor have any voyce if tâey have taken it unlesse they will forsweâre themselves and deny God they must continuâ subjects sitting in the Parliament Housâ and be undâr the King as suprââme and âonsequently either their wordâ nor auââârity cân be âbove Hiâ nor can they Enact any Law wiââââuâ Hâââssent But sâcondly If they pretend the formâr Thât they have an Expââsse Law to wârrânt all tââir Dâclââations Votes and O dââânceâ to be âegall thây doâ vâây âll tâât they doe not sh w ââ uâto the King wâo proââssâth tâât the very shâwiâââ oâââ should satiâfiââ him anâââat he âânnot be sâtiâfiââ till tâey sheâây will tâây rather then shew such a Lâw dispâââse tââ King hazard tâeir Râligion the Peace of the Kingdom and the Lives and Souleâ of many in a bloody Watre Briefly Either thârâiâ such a Law and they will endânger King Kingdom Lives Gooâ Religion bâ a Bâoody Civill Destructive unnaturâll Warre râther tâen shew it which would argue them extreamely uncharitâblâ or else indeed there is no such Law for them tâ declare and then their Dâclârâtions are not Legall and by consequence we are not bound to obey them I will conclude this point with some Observable passages out of His Majesties Answers to the Declarations and Remonstrance of the two Houses of Parliament ãâã fiâst out of that Answer of His to the Declaraâion of both Houses touching the Militia wherein they pretend thât they were necessitated to mâke such an Orâinance for setling the Militia warranted thereunto by the Fundamentall Lawes of the Land They may doe well saith His Majestie to tell Our good Suâjects what those Fundamentall Lawes of the Land are and where to be found and to mention one Ordinance from the first beginning of Parliaments to this present Parliament which endeavoured to impose anâ thing upon the Subject without the Kings Consent for of suâh all the inquiry that We can make could never produce Vs one instance and if there be such a secret of the Law which hath lyen hidden from the beginning of the World to this time and now is discovered to take away the just legall Power of the King We wish that there be not some other secret to be discovered when they please for the Ruine and destruction of the Liberty of the Subject for no doubt if the Votes of both Houses have any such authority to make a new Law it hath the same authoâity to repeale the old Then what will become of the long established Rights and Liberties of the King and Subject and particulaâly oâ Magna Charta will be easily discerned by the most ordinary understanding Secondly out of His Majesties Answer to the Declaration of both Houses concerning Hull Mây 4. 1642. The power of Parliaments is great and unlimited but it is onây in that seâse as we are a part of the Parliament witâoât Vâ or against Our Consent the Votes of either or both Hâââes together must not cannot shall not if We can helpe it for Our Subjects sake as well as Our Own forbid any thing that is enjoyned by the Law or enjoyne any thing that is forbidden by the Law In what a miserable insecurity and confusion must we necessary and inevitably be if the Soveraigne Legall Authority may be despised by Votes or Orders of either or both Houses Thirdly Out of His Majesties Answer to a Book Entituled The Rememârance of the Lords and Commons May 19. 1642. There cannot be imagined a greater Violation of our Priviledges the Lâw of the Land the Liberty of the Subject and the Right of Parliament then the Votes past in the House March 15.16 One of which Votes wâs and there need no other to destroy both King and People That when the Lords and Commons shall declare that the Law of the Land is the same must be assented uâ to ând obeyed that is the Sence in fâw words Where is every Mans Property Eâery Mans Liberty If the major part of bothh Houses declare that the Law is the younger Brother shall inherit what is become of all the Families and Estates in the Kingdom ãâã they Declare that by the Fundamentall Law of the Land such a raâ⦠a ãâ¦ã unadvised Woâd ought to be punished by perpetuaal ãâ¦ã is noâ the Liberty of the Subjeâ⦠durânte bene ãâ¦ã dilesse
the Land entrust Subjects with the Sword against their Soveraigne for by the Law of the Land all we that be Subjects above the age of eighteen yeares are bound to sweare Allegiance to our Soveraigne Lord the Kiâg There was an O th enacted Anno 3 Jacobi wherein âe that t keâ it sweâreâ That he will bear Faith and true Allegiânce to His M jâsty Hââ Heâres and Successors c. And Him ând them will deâenâ to the utmost of hiâ power against all Conâpââicies and Aââmpts whatsoever whiâh shall be made agaiâst Hââ or tââr Persons their croân dignity c. Aâd it was furâââr enacted by Parliament 7 Jacobi That alâ and âvery Pârson and Pââsoâs as well Ecclesiâsticall âs Câvill of whât Staâe Dignity Quâlity or Dâgree âoâver âe oâ they bâ above the age of eighteen yeares in that Act mentioned shall take the said Oath And if all the Subâects in the Land above eighteen yeâres old have as by Law they are bound taken the sâid Oâth unlesse they will wittingly and willingly forsweare themselves they must with all their power defend the Kings Person and Dignity and by consequence they may not oppose either or doe such things as may endanger His Person and lessen His Authority and Dignity Neither may they be Newters and sit still suffering others to wrong him but they must stand up to maintaine his right and to vindicate his wrong And they must defend him by purse bodily service or what way soever they can else they are forsworne Eristes But may we not sometimes lawfully deny obedience to the Kings verball or Personall Commands Irenaeus Yes in some cases it is not only lawfull but necessary to disobey the command of the King as when God commands one thing and the King in a menacing and threatning way commands another then that Speech is seasonable Da veniam Imperator tu carcerem ille Gehennam minatur Give leave O Emperour thou threatnest my body with imprisonment but God can cast both my Soule and Body into Hell the worst and most darkesome Prison of all others In such a case we may and must neglect our duty to our Prince rather then forget our duety to God Nam Regum timendorum in proprios Greges Reges in ipsos Imperium est Jovis For Kings though they be Superiours in regard of their Subjects yet are they inferiour unto God Omne sub regno graviore regnum est Every Kingdom on Earth is under a greater in Heaven And the Apostolicall Canon Rom. 13.1 which wills us to be subject to the higher powers before the lower amongst men doth by Analogy instruct us to be principally subject to that highest power by whom the Powers on Earth are ordained and set in Order one above another When Pharaoh King of Egypt commanded the Hebrew Midwives to strangle the Hebrew Male Children in the birth they feared God and did not the command of the King Exod. 1.17 When Nebuchadnezzâr having erected a Golden Image commanded all people to fall down and worship it under penalty of being cast into the hot fiery âârna â âhadracke Mâsech and Abednego refused to dââ the command of the King because the Law of God forbad them to doe it Dan. 3.18 When Darius had signed a Decree That none should make any Petition to God save only to him for certaine dayes Daniel notwithstanding the Decree went into his House and his Chamber Windowes âeing opened towards Jârusalem kneeled upon his knees three times a day and prayed to his God contrary to the signed Decree and expâesse command of the King Dan. 6.10 The seven Brethren though Antiochus Epiphanes or rather Epimanes threatned to torment them with scourges and whippes yet they would not by all the threatnings and exquisite tormentâ that âe could use be compelled to taste of Swine flesh because it was against the Law of their God 1 Maâab 7.1 And Julians Christian Souldiers though they readily sought his Bâttells and obeyed him when he commanded thingâ lawfull yet Quando veniebatur ad causam Christi Aug in Psa 124. non agâ osâebant nisi illum qui in Caelo erat quando volebat ut Idola colerent aut thurificarent praeponebant illi Deum When they came to the cause of Christ they would acknowledge no Lord but him that is in Heaven when he commanded them to worship Idolls âo sacrifice and burne Iâcense to his Idoll gods they preferred God before their Prince And thâ case was clearly resolved long since by the Apostles That when the Kings command câosseth the command of God then it is absolutely better for us to obey God than man Acts 5.29 Yet here we must take heed first that we be not led by fancies and groundlesse imaginations but be sure that what the King commands is against Gods Law Secondly That denying obedience we doe it in all humility without scandall and contempt Thirdly That yet we be content to obey passively without resisting the higher power For even then when we cannot with a safe Conscience obey the command of the King because we have received a couâter-command from God we must be subject to him notwithstanding and not dare to rise up against him Nam qui iâsârgit in Châistum Domini Psal 2.1 insurgit in Dominum Christi For he that riseth up against the Lordâ Anointed riseth up against the Lord by whom he was Anoynted The least Injury Numb 16.11 1 Sam. 8.7 Indignity Affront of Disgrace that is done to the King whom God hath appointed his immediate Deputy and Vicegerent on Earth to Rule and Governe in his place doth in the reflex extend and redound âo God himselfe the Author of all Rule and Government and by consequence it must needs be an hainous and hatefull sinne in the sight of God for Subjects to rise up against their Soveraigne though a Nero a bloody persecuter of the Faith much more against a Charles a gracious Defender of the Faith Amb. lib 3. epist 33. Sâint Amârose highly commended the people of Millâin wâen there was hot persecution in the City for the Vâyce they then used Rogamus Auguste non pugnamus We omâânt O Emperour we sight not perhaps you will say tâey durst not yes Non tiâemus tamen rogamus We seââ not the Emperours Forces yet we entreat The like Speâch Sâint Bernard useth in an Epistle of his to Lewis the French King Stabimus pugnahimus usque ad mortem si ita oâoâtuerit pro matre nostra Ecclesia Bern. Epist 221. sed Armis quibuâ licet non scutis gladiis sed precibus fletibusque ad Deuâ We will stand and sight for our Mother the Church if need be unto death with such Armes and Weaponâ as lawfully we may not with Sword and Tarâet but with Prayers and Teares unto God Tertul. Apol. cap. 37. And Terâ ãâã in his Apologetick tells uâ That the Ancient Churâhes ãâã time when they had Heathen and Persâââng Empââârs
of Supremacy and wipe out that Text of Saint Peter Where he wills you to submit to the King as Supreme 1 Pet. 2.17 Azariah the Priest and the rest of the Brethren did not assaile King Vzziah's Person presuming to burne Incense on the Altar of God neither did they thrust him out of the Temple by force they withstood him with Words rebuking him for the breach of Gods Law It appertains not to thee Vzziah to burne Incense Not with Weapons as your Martiall Termes import and when the King would not be aâmonished but indignabundus in a chafe contemning the Priests admonition took a Censer in his hand to offer Incense the Lord then tooke him in hand and caused the Lââprosie to rise up in his forehead before the Priest then there was no need to bid him depart the Text saith He hastened to goe out because the Lord had smitten him God then thrust him out and the Priests thrust him out aâââe ââââed to goe ouâ God thrust him our by inflâcting the visible punishment of Leaprosie upon him Visa leprâ Saceâââtes Regem leprosum dâs stine egââd eudum âament Jose h. duâiq Juââc lib. 9. cap. â1 the Priest thrust him out by sharpely rebuking him pâoââuncing âim uncleane or by admonishing him that the Lââprousie was risen up in his forehead and then being told that the spot of Leaprosie was upon him he f himselfe hasted to goe out Eristes But in that the Priests are commended for valian men it shâwes that their worke waâ not only reproofe but resistance âs Bridges observes Irenaeus And is it no argument of âalour think you to reprove a King âpenly to his face surely albeit some dreaming Prâphets who feare not to despise Government and speak evill of dignitiâs have of late by their open rayling against Princes gone about to make their Persons contemptible yet in former times they were had in such awfull regard That it was held a matter of courage and valour to reprove them because such reproofes if they were not well taken might cost those that reproved them their lives as it did John Baptist and many of the Prophets And therefore God when he sent his Prophets to reprove Kings he often bad them not to be affraid and that God permitted to his Prophets or Priests under the Law any further attempts against Princes then in words to reprove them or to declare his will and precepts unto them I will not believe till I have better authority for it then Bridges his observations Eristes But we have warrantable examples and Presidents from the Reformed Churches of Germany France Genevah Scotland Holland to justifie our taking up arms in our own defence to be lawfull âhough against the King Irenaeââ Your Examples from Forraigne Churches without they have warrant from the word of God for what they did will be but weake proofes to justifie you in your doings though you could prove your conformity with them to be full and exact in all pârticular Circumstances But more distinctly First I answer that none of the forenamed Protestant Churches have inserted this amongst the Articles of their Confessions to be believed as a positive truth that it is lawfull for Subjects to take up defensive arms against their lawfull Soveraigne and if they had for my part I would not believe it unlesse they could shew better authority for it out of the word of God then Buchanan Knoxe Boroughs Bridges or any of that Anti-monarchicall Faction have done Secondly this briefely I may say of any or of all the Reformed Churches that if they had not Law for what they did as you for ought I know have none for your defensive Arms against the King then their doings were not justifiable by the Lawes of their Country in foro soli much lesse by the Law of God in foro poli and the reason why I dare not be peremptory in passing my judgement upon the facts of other Churches is because the circumstances must be fully knowne before a fact can be rightly discerned or judged to be lawfull or unlawfull I have not so busied my selfe in other Common-wealths as that I dare definitively pronounce sentence of their doings being perhaps not throughly acquainted with the ground of them Thirdly to impure to a whole Church that which is taught or done by some in the Church or a facto ad jus from a thing done by some in an Orthodox Reformed Church to argue the lawfulnesse of doing it were ridiculous for many things are taught and done in a Church which are not taught and done by the Church and that which is done by a prevailing party in a Church is often done without the allowance and approbation of the best Divines in that Church as now Should the decisions of the pact convention of Divines in this Church or the Votes of the factious Party take place who would might they have their wills lead both Church and State in Triumph and set their feet upon the necke of Soveraignty there is no doubt but the flower of the Nobility and Gentry in this Kingdom both the Universityes the greatest and ablest part of Divines many thousands of the Kings most religious loyall Subjects of inferiour rank together with very many of the ablest and most judicious of the House of Commons that according to the rules of Religion Loyalty and Lawes have afforded their utmost assistance to His Majesty should all be censured as Delinquents and many of them suffer under the name of Malignants ty no ne I presume in his right wits could beleeve such a sentence to be the definitive sentence of the Church and State essentially considered though had it not been timely withstood it might and would have been the sentence of a prevailing faction in the Church and State But the Lord of Hosts I trust will take the cause of his Anointed into his own hands and fight his battells and not suffer His Majesty this Church and Nation to be so triumphed over and trampled upon without a speedy revenge of such high and hainous indignities Lastly Summe up the account and then tell me whether as the Primitive Church did so you of this Church and Kingdome may not gain more by humble supplicating and peaceable submitting to Authority then ever you are likely to gaine by a violent resisting of it I will close up this point with a remarkeable passage out of Calvin Si a saevo principe crudeliter torquemur si ab avaro aut luxurioso rapaciter expilamur si ab ignavo negligimur si ab impio denique Sacrilego vexamur ob pietatem subeat primum delictorum nostrorum recordatio quae talibus haud dubio Domini flagellis castigantur Inde humilitas impatientiam nostram fraenabit succurrat deinde haec cogitatio non nostrum esse hujusmodi malis mederi hoc tantum esse reliqunum ut Domini opem imploremus cujus in manu sunt Regum Corda Regnorum Inclinationes
Calvin Institut lib. 4. cap. 20. Sect. 29. If we be cruelly oppressed by a cruell Prince if we be polled and pillaged by a covetous or luxurious Prince if we be negligently governed by a carelesse Prince if for godlinesse we be as God be thanked we are not persocuted by an Impious and sacrilegious Prince let us in the first place remember our sins which no doubt are corrected by God with such scourges this will be a means to bridle our impatience with humility then let this thought come into our minds that it is not in our power without Gods help to mend or remedy such evils and therefore in the last place it remaines that we should implore the help of God in whose hands are the hearts of Kings and inclinations of Kingdoms Have you any other coulourable pretânces which may in some sort seemingly excuse though in no sort justifie your taking up Arms to resist the King who is the highest power in this Kingdom next under God and therefore cannot be resisted without perill of damnation Rom. 13.2 Eristes You mistake Irenaeus we doe not resist the King or his legall power but only his verball personall illegall command which we may doe without danger of incurring the penalty threatned by the Apostle to such as resist the higher power Rom. 13.2 Irenaeus The Apostle in that Chapter commands all who live under authority to be subject to the higher power and proves by five perswasive convincing reasons that they ought to be subject First ab Authore from the Author of all power quiâ non est potestas nisi a Deo because there is no power but of God Secondly he proveth that all must be subject to the higher power a bono ordinis from the good of order quia potestates quae sunt a Deo ordinatae sunt beââuse the powerâ that be are ordeined and set in order by God one above another and we should be Authors of confusion and perverters of that comely order which God who is the God of order and not of confusion hath ordeined if we should refuse to live in subjection unto him whom he hath appointed to rule over us Thirdly that we are to be subject to the higher power he proves a malo culpae because it is a sin to resist the Supreame Magistrate or the higher power for he that resisteth the power resisteth the Ordinance of God vers 2. Beware then how thou resist thy Prince upon any pretence or take pârt with such as doe resist him by force of Arms for his Person is sacred his ordination divine and cannot without sin be resisted Fourthly that we must be subject to the higher power the Apostles proves a malo panae fâom the evill of punishment bâââuse they that resist and will not be subject shall unavoidably and deservââly receive to themselves crimâ juâgement if not temporâll in this world yet most certainly eternall in the world to come unlesse they repent Lastly be proves that we must be subject to the higher powers a bono seâieâatis from the good of Society because we that live in a civill Society receive and reape much good by their government they are the Ministers of God for our good Were there no King appointed to rule over uâ we should soon see a generall Arâxy Disorder and Confusion in all estâtes in the Church such abuses as would mâke us to abhorre the Sanctuary of the Lord in the Common-wealth such haiâous enormities and impieties aâ would vex our Soules to see and behold them In the 17. 18. 19. Chapters of the Booke of Judges there ââe may read of disorder upon disorder and still in the close this is alledged as the chiefe cause of all those disorders That there was no King in Israel to curb and restraine the insolent unruly passions of men but every one was permitted to doe what seemed good in his own eyes and no wonder that all things in the Church and State were then out of order when there was no King or no authority in the Supreame Magistrate to keep men in due order by all which it evidently appeares that Praestat sub malo Principe esse quam sub nullo It is better to live under the government of an evill or Tyrannicall Prince then to have none at all to govern uâ Wherefore because all power is of God because the powers that be are tetagmenai ordained and set in order by God because it is a sin to resist the higher powers because judgement both temporall and eternall is the punishmenâ of that sin lastly because they are the Ministers of God for our good therefore as the Apostle infers we must of necessity be subject unto them not only for feare of the temporall sword or inâuâring their wrath and displeâsuâe who cannot but be angry and much displeased witââhose that resist them but alâo for Conscieâce sake towârdâ God who hath âid a âye upon the Coâscience of all ânferiouâ o pârsorââ tâe Dâây of Subjection to their Supâââours yââ tâougâ tâey be such aâ tââ higâer poweâââen werâ Tyrâât to their own Suââââ and Perseâmeâ of Christian Pro-fessour and proseââ Enemies of the Câristian faith He that waâ Empeâour when Saint Paul wroâe that Epistle to the Romans was Nero a Tyrant a vâle anâ violent opposer of Christâân Reââgion Nero saith leââed Moulin was a Monster in nature the shame of humane âââd alââ first Emperour that began to persecute the Church neverthelesse the Apostle Rom. 13. speaking of that power which was then in being saith that it was ordeined by God and that whosoever resisted the same resisted the ordinance of God and by their resistance did deservedly pull upon themselves damnation and if in the Apostles judgement it was a sin deserving damnation to resist Nero a bloody Tyrant and cruell persecuter of Christians what a haynous sin are they guilty of and what a judgement doe they deserve that resist His sacred Majesty our Soveraigne Lord King Charles who is the most gracious and religious King in Christendom Eristes I tell you we neither resist the King nor His Legall power but only His illegall will and command Irenaeus First are you sure that all or any of the Kings commands which you withstand are illegall if they be not then Boroughs your chiefe Advocate freely grants That there is no help left you but either to fly or passively to obey them though he command you to obey such Laws as be sinfull If they be every way illegall neither agreeable to the Law of God nor the Laws of the Land then you may doe well to enforme us how you may with a safe and satisfied Conscience resist them and neither resist the King nor His Legall power that you may resist them by a bare deniall of obedience unto them if such a deniall may be termed a resistance is formerly granted but may you resist them with armed violence will you cut his illegall commands in peeces with your Swords or beat them back with your Cannons doe not alter the state of the question and the point is cleare That the resistance which you make is not only against the verball commands of the King but against the King himselfe who gave those commands and by consequence against that Legall Kingly power or Royall Authority which can never be divorced from His sacred Person while He remains a King for though his authority may by Delegation or Commission be in His Courts where His Person is not ever present yet that His person can be any where or at any time without His Royall authority is such a sublime point such an hidden mistery of State such a new peece of Divinity that my faith is not strong enough to beleeve it nor yours or any other mans wit sufficiently able to prove it Surely the Primitive Christians were dull and stupid who poore simple ignorant Soules out of meer simplicity suffered so much because they were not capable of this subtle nice distinction which were it once admitted for currant and Canonicall Subjects might resist the Prince and lay violent hands up in His Person and yet be neither Traytors nor Rebells but canonized Saints And what can the poore Kingdom expect where the Person of the Prince is not held inviolable and sacred but combustion and confusion The Jews have a proverbiall saying Migrandum est ex illo loco uhi Rex non timetur That men should haste out of that place Country or Kingdom where the King is not feared thereby intimating that doubtlesse some great and fearfull judgement doth hang over it Oh then let me exhort you who have taken up Armes against your Soveraigne noâ to turn Religion into Rebâllâon patience into violence fidelity into perjury subject ãâã into sedition and you London Lecturers that have been t e chiefe Trumpetters to this desperate unnaturall bloody irreligious Warre turn not your spirituall Militiae into that which is carnall doe not exhort men in the fear of God to fight against the King for that feare of God which doth not strengthen but abate the feare of the King and shrinke ãâ¦ã obedience it is ãâ¦ã a ãâ¦ã âented devised âoâââââted by mââ and taught or approved by God the true Religion fearâ of God âââheth ãâã feare and honour the King to be subject ãâã him and not to resist Him I will conclude with a Prayer THen that art the God of Peace settle the Peace of this disââ¦ed Kingdom by casting faction out of the State and Schismââ of the Church and by undeceiving the minds ãâã that have been seduced into open rebellion under a preâââââ of Piety and Religion that so we may come once more to live a quiet peâceable life in all godlinesse and honesty under the Religiouâ Governmeââ of our gracious Soveraigne âhom doe thou O Lord long preserve to raigne over us an happy King of many blessings Errata Paâ⦠ãâã âine to after the second word the adde Laâoâ and. p. 9. l. 2. after ãâã â or p. 11. l. 15. for secondly r. thirdly p. 28. l. 3. for there r. hir p â4 l. 22. for unlawfullnesse r. lawfulnesse l. 24. for ordinances ãâã ordnances other literall fruits I leave to the correction of the inteââ¦igent Reader FINIS