then our own nor doe I speake so much of our 〈◊〉 as of every Common-wealth diligence 〈…〉 that all may come to know and understand if they will bee safe that they must obey necessity For as Tacitus hath it neither the quiet of Nations can be had without Armes nor Armes be had without Stipends nor can Stipends be had without Tributes These these saith Cicero are the ornaments of Peace and the muniments of Warre In the beginning of things saith Justine the government of Countreyes and Nations was in the power of Kings whom no popular ambition but approved moderation amongst good men did advance to this heighth of honour The people was not tyed by any Laws but the Arbitrament and pleasure of their Princes was instead of Laws unto them Pomponius speakes to the same purpose Whenas hee saith And to speake truth in the beginning of our City all things were governed by the Kings disposall And Ulpian seconds him That which pleaseth the King saith he had the force of a Law As when by the Royall Law which is given concerning his Empire the people doth confer all their power and authority to him and on him Whatsoever therefore the Emperour hath ordained subscribed by writing or by any edict commanded it is a Law without contradiction these are those which we commonly call Constitutions Justinian the Emperour to Demostenes thus writeth If the Imperiall Majesty shall have throughly examined the cause and given sentence to the parties present let the Judges know who are within our Empire that this shall be a Law not onely for that cause for which it was given but for all causes of the like nature For what is greater what more inviolable than the Imperiall Majesty or who is So puft up with the conceit of pride as that hee dare contemne the understanding of the King Whenas the founders of the old law doe plainely clearely define that those Constitutions which did proceede from Imperiall determination doe obtaine the force and vigour of a Law And a little after hee addeth these words For if for the present it be granted to the Emperour onely to make Laws it is onely worthie an Emperour to interpret Laws Whereupon he thus concludes Therefore these ridiculous ambiguities exploded the Emperour alone shall be most justly reputed to be both the maker and interpreter of Laws This Law nothing derogating from the makers of the old Laws because Imperiall Majesty gave the same priviledge even unto them By me saith the eternall Wisdome of God doe Kings reigne and Princes decree Justice From whence Saint Augustine whose sentence is reckoned amongst the Canons doth thus argue By what right do you defend the Church by Gods Law or by mans we have the Law of God in the Scriptures and we have the law of man in the Constitutions of Kings And not far after Therefore by the law of man by the Law of Kings Why so Because God hath distributed the Laws of men to mankinde by Kings and Princes So in another place be thus reasons For if it be lawfull for a King in a City where he hath dominion to command anything which neither ever any before him nor yet he himselfe commanded and not contrary to the society of that Citie he is obeyed yea contrary to the society he is not obeyed for it is a generall pact and covenant amongst humane society to obey their Kings how much more then ought we to obey God the governour of every creature and serve him without any doubt in those things which he hath commanded Aristotle teacheth that there are three parts of every Common-wealth {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} One which consults for the good of the Republique {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} another which is versed in government {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} a third which doth exercise it selfe in judicature But that is the chiefest which consults of Warre and Peace of society and leagues of Laws and death of banishment and publicating of goods of making and receiving accounts Yet in another place he seemes to recall these three into two parts in these words {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} For there are actions of a City both of those who doe command and of those who doe obey but the scope and office of him that governes consists in commanding and in judgeing Of later wrjters Bodinus whose sentence yet is approved with the common consent of the learned defines this power of the supreame Magistrate which he calls by the name of Majesty to be an absolute and perpetuall authority over Citizens and Subjects and not tyed to any Laws It is manifest therefore that all other heads of Majesty are included in this absolute power of making and taking away of Laws Insomuch that we may rightly call it the chiefest power of a Common-weale comprehended in this one thing which is to give Laws to all and every Subject never to receive any from them For by his own right to make warre with adversaries and at pleasure to contract peace with them although they may seeme to be somewhat discrepant from the appellation of Law yet they are done by law that is the command of Imperiall authority So likewise it is a Prerogative of Majesty to take notice of Appeales fro higher powers to give and abrogate Commands to supreame Officers to dispose of Offices when they are vacant to give Immunities and free Citizens fró Laws to have the Power of life death to set a price name and figure upon moneyes and to impose an Oath upon Subjects All which things both of commanding forbidding come within the supreame power that is to give Laws to all every Subject and to receive from none but the immortall God These are some of the Royall Prerogatives which have been premised in generall and promiscuously but the Politicians are more exact in describing these rights of Majesty and Royaltie and they make them of two sorts Greater and Lesser The Greater prerogatives belonging unto Majesty are those which doe primarily and more principally appertaine to the chiefe authority of the King of Emperour And they are First The power of making and abrogating Laws at pleasure as the necessity of the Common wealth shall require For this is as Bodinus hath it the prime and principall head of Majesty and without this the Folitique Power cannot long stand For it is as the Juris-consults have determined the propriety of Law to command But an Emperour or King without a command what other thing is he than as a dreame without sleepe But this must be understood of the Nomothetique or Legislative power which doth institute Laws by its own authority and not by the command of another And therefore it is more than manifest that the Decemuiri amongst the Romans who were enforced to seek to the people for the
confirmation of those Laws which they had made as Livie relates could not be said to make them by the right of Majestie Secondly a second Right of Majesty is extreame provocation that is that Subjects cannot appeale from the Laws that are made by Imperiall Majesty For it is a most certain signe of a limited power if an appeale may be made from the Law giver to a Superiour And hereupon Bodinus infers that the Dictators did not shine with Royall Majesty and that they were not the chiefe Magistrates but Curatours onely or Commisaries as we call them For the Father of Fabius did appeale from Papirius then Dictatour unto the people Ad Tribunos appello so Livie repeates his words ad populum provoco qui plus quà m Dictatura potest I appeale saith he to the Tribunes I protest to the people who have more power than the Dictatorship Now an Appeale as Bedinus hath it is a Suspension of the jurisdiction of an inferiour Judge by a lawfull invocation of a superior made in the same judicial place and alwayes ascends with the order of Magistrates untill it comes to the highest power in which it must necessarily acquiesce and rest As for example In the Romane Empire the chiefe tribunall is the Imperiall Chamber In France and with us in England the High Court of Parliament and in other inferiour Principalities the Princes chiefe Court A third right of Majesty is the Creation of Dukes Marquesses Earles Barrons and other Noble men For it is without doubt that the King or Emperour is the Fountaine of all Nobility and Dignity Fourthly another Prerogative of Majesty is the founding of Academies For this is referred to the eminence preheminence of Kings Emperours which the Pope cannot as Baldus doth insinuate without unjust usurpation ascribe to himselfe And this not to speak of our own two famous Universities the most ancient Academies do evidence unto us of which the University of Bononia the mother of Students which was first erected by Theodosius afterwards repaired by Carolus Magnus and endued by them with many immunities and priviledges is a sufficient witnesse What shall I say of the Vniversities of Prague Paris and Padua who acknowledge not without respective gratitude the Emperours of the same name to be their Founders and Benefactors And therefore the approbation of the Pope is not requisite for the founding of an Academy because the Civilians tell us that the jurisdiction which is exercised beyond the territory of him that commands is most worthily to be rejected Lastly other Politicians are wont to referre to the Regalities of Majesty the Calling of Councills and Synods Legitimation Restitution of fame the ordering of all judicialls the indicting of war and conclusion of Peace and the like of which you may reade in Althus in Pol. C. 7. and Thom. Mich de jurisdict Concil. 11.32 and 47. The lesser Rights belonging to Majesty which the King or Emperour may more easily dispence with then the Greater are the Remitting or lessening of penalties and mulcts customes tributes the rights of faires or publiplique Mercats of which you may likewise reade L. un C. de nund Jus Saxon. l. 3. art 66. and l. 2. art 26. Mysing 5. obser. 29. n. 1.2 Nou. 89. C. 9. Vult l. 1. Iurisp c. 23. n. 13. But to returne where we did digresse the King who hath the cheife and absolute command in Monarchy the parent yea the author of the law and {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} a living law is far greater then the law as one who by authority given him from God can when he sees it fitting whether his Subjects will or no yea without their consent either make or abrogate the law Nor hinders it that he makes use of Counsellours and Ministers for so he doth lessen his care and sollicitude which in the government of a Kingdom aright is the greatest but not diminish the power of his Command or Ecclipse his Majesty The Emperours were wont to say that we account it of our Princely clemencie Worthy Senatours if when hereafter any emergent necessity shall happen either in the private or publique cause which doth require a generall forme and not inserted in the ancient laws that it be treated of by all as well the Peeres of our Court aforehand as by your most Honourable assembly and that if it shall seeme good to all the Iudges as well as your selves it be then dictated as a law and so when you be all met together that it be read again and when all shall have consented unto it then at length that it be repeated in the sacred Consistorie of our Majesty that so the common consent of all may be confirmed with the authority of our Highnesse c. Hence is that of the Iurisconsults that a Prince alone can make statutes although it be his courtesie that he doth admit the Counsell of his Peeres The Communication of Counsels doth not introduce a Consortship of the Kingdom For the rights of Majesty as Bodinus hath it may be attributed to the chiefe Prince but not to Magistrates or private men but if they be ascribed to either then they cease to be the prerogatives of Majesty And as a crown if it be distracted into parts or communicated loseth the name of a Crown so the rights of Majesty vanish if they be communicated with the subject That which is more evident by the common decrees of the Lawyers Those rights can neither be passed away nor divided nor any wayes abalienated from the chiefe Prince nor can they be prescribed by any diuturnity of time For which cause Baldus doth call them Sacra Sacrorum and Cynus the Individualls of Majesty But if the chief Prince shal once Communicate these unto the subject instead of a Servant he is like to have a consort of his Empire and in the meane while he loseth the Regality of Majesty in that he cannot be said to be the chief Prince because he is chiefe who neither hath a Superiour nor yet Co-partner of his Empire But because Princes when they are publikely inaugurated doe religiously promise that they wil maintain the rights of their Ancestors the former Constitutions of the Empire and other things of that nature therefore may some thinke they are tyed by their oath to observe them nor can they with a safe conscience any way relinquish them To this it is answered that Princes do no wayes prejudice themselves by swearing but that they may as freely administer to the good of the Common-wealth as if they had not sworn at al for they sweare nothing but that to which if they had not sworne they are obliged For that which is just and equal that by their office they are bound to observe and do but to doe that which is evil and unjust they cannot be bound by any Covenant or promise whatsoever though they have
kept in the course of this life and that he is not to be subject to the higher powers to whom for a time the government of temporall things is concredited And a little farther If any man therefore think that because he is a Christian he is not to pay custome tribute or due honour to those higher powers to whom those things of right doe appertaine he is in a great errour But this rule is to be observed which the Lord himself prescribed that we give unto Caesar the things that are Caesars and unto God the things that are Gods S. Jerome whose sentence is inscribed among the Canons saith thus If it be good which the Emperour or Magistrate commands obey the will of him that commands but if it be evill answer him out of the Acts of the Apostles It is better to obey God then men S. Chrysostome upon the words of the Apostle Let every soule submit himselfe to the higher powers thus descants {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Although thou beest an Apostle although an Euangelist although a Prophet or whatsoever else thou beest thou must submit S. Ambrose thus expresseth himselfe I could grieve I could weep I could mourne my teares are weapons against the armies and soldiers of the Goths for such are the weapons of a Priest Otherwise I neither ought nor will resist Bernard to Lodowick King of France writes in this manner But whatsoever it shall please your Majesties mind to doe we that are the sonnes of the Church cannot in the least dissemble the injuries contempts and scorn even to the trampling under foot of our mother c. And a little after But we will stand out and fight even to the death if necessity shall require for our mother but with such weapons as are lawful for us to use Not with swords but with words not with shields but with prayers and tears to God And in another place If the whole world should conspire against me to make me attempt any thing against Royall Authority yet I would feare God and would not dare to doe any thing rashly against the King that is ordained by him For I well know where I have read Whosoever resisteth the power resisteth the ordinance of God c. Amongst later Writers Cardinall Cajetan thus Comments upon Saint Paul After that the Apostle had instructed the Romans about the use of the body affaires of the world and the gifts of God he doth now prosecute his instruction about the use of liberty in respect of Princes For he gives them a caution lest by reason of the liberty which they had obtained by Christ they should think themselves to be exempted from the power of Secular Princes And to this end he doth instruct them that they should be subject to Secular Powers And whereas he ought to have said Every man he doth more significantly say every soule that so we might understand not only our estates not onely our bodies but even our souls ought to be subject to temporal Kings in those things which they may lawfully command And in saying All or every he excepteth none See how the Fathers doe with one consent Vote that we must give obedience to Kings although they be wicked in all things that are not unlawfull That honour tribute obedience and the like must be given to lawfull Princes and that there is no other remedy against their violence and injustice but prayers and teares to Almighty God What doe we think that they were destitute of strength that they could not oppose one power with another or repell one injury with another Were they so stupid and ignorant that they did not understand what power was in the Pope or People to reduce their Kings into good government They wanted neither power to resist nor forces to rebell if we dare give credit to Tertullian who yet is of sufficient authority and antiquity to be beleeved even without our assent thus writing in his Apologie against the Gentiles But far be it that either the children of God should be exempted from the furie of man or that they should grieve to suffer in that thing wherein they are tryed For if we would take upon us to be open and professed enemies doe you think that wee could want money or men Are we not more in in number then the Moores and Marcomanns the Parthians themselves or the Gentiles how great soever they be let them be but of one place and of their neighbours adjoyning unto them yea then of the whole world besides We are but of yesterday and yet we have filled all places among you your Cities Islands Cittadels Burroughs Assemblies your very Camps your Tribes of the common people Decuries of the Judges Palaces Senats Judicatories onely we leave your Temples to your selves for what war have we not been fit and ready to manage even with fewer forces who thus willingly suffer our selves to be put to death if that we were not disciplined by our Religion that it is more lawfull for us to be killed then to kill Thus far Tertullian with whom S. Augustine is not discrepant you may find his sentence to be registred among the Canons in these words Julian was an Infidel and unbeleeving Emperour was he not likewise an Apostate an enemie an Idolater yet the Christian soldiers served under this unbeleeving Emperour When they came to the cause of Christ they did acknowledge none but him that is in heaven when he would have them to worship Idols and to sacrifice then they did prefer God before him but when he said unto them Lead forth the Armie go against such a Nation they did presently obey him They did distinguish the Lord eternall from a Temporall Lord and yet they were subject unto their Temporall Lord for their eternall Lords sake When Jovianus after the death of the fore-named Julian was elected by his armie to be their Emperour and he refusing began to speake in these words unto them I cannot seeing I am a Christian command such men nor take the Government upon me of Julians Armie which he hath imbued with such venemous precepts and pernicious discipline Which and words of the like nature when the Souldiers had heard they began to shout with one acclamation and say O Emperour let not your minde be troubled with such doubtings nor yet wave the command of us as if we were prophane and wicked for you shall finde both Christians of us and men disciplin'd in piety to doe you service From which recited places it may appeare that it was no such difficult matter for the Christians in the Primitve times to have coërced their Emperours by whom they were miserably afflicted and most cruelly used if it had beene lawfull for Subjects to rise up against their Princes But if those forementioned fathers endued with no lesse science then conscience and furnished with as much
ד ×” ד ×— ד Royalty Per me Reges regnant Quam bonum est conuenire Regem Populum conuenire Loyalty Subdite estate Potestati Superem 〈…〉 ROYALTY AND LOYALTY or A short Survey of the Power of Kings over their Subjects and the Duty of Subjects to their Kings Abstracted out of Ancient and later Writers for the better Composeing of these present Distempers And humbly presented to ye Consideration of his â—Ma tie and both Howses of Parliament for the more speedy effecting of a Pacification by Ro Grosse 〈…〉 By Gods Comand Wee rule this Land Wee are all Yours And what is Ours CHAP. 1. THE KINGS ROYALTIE OR The Power of KINGS over their SVBIECTS AT the first there was no distinction or difference of men one man was as good as another But afterwards some excelling others in desert were preferred before others in place Nature saith Gregorie did produce all men alike but the order of their ments varying occult dispensation did prefer some before others But this distinction which happened from Sin is rightly ordered by the just judgement of God that because all men doe not goe the same course of Life one man should be governed by another St. Augustine saith that God would not that man a rationall creature made after his owne Image should domineere over any but Irrationall Creatures not man over man but man over beasts Hence it was that those first just men were constituted rather Pastors of Sheepe than governours of men that even so God might insinuate both what the order of the Creatures did require and what the merit of Sinne had deserved If men had continued in their first integrity and state of innocencie there had beene no use of Emperours or Commanders every man would have seemed a King unto himselfe nor would he have had any other Law-giver than God and Nature But when this could not be obtained and the perversenesse of degenerous man-kind grew such as that breaking the bonds of all Lawes they left nothing unattempted which did not tend to the height of impiety there was a great necessity of Magistrates without whose prudence and diligence a City could not then consist and by whose description and putting men into order the government of each Common-wealth is still continued and preserved Hence came the command of man over men without which as Cicero saith neither House nor City nor Nation nor Mankind nor the nature of things nor the World it selfe can subsist For to governe and be governed is not onely according to Aristotle amongst those things that are necessary but those things that are profitable And to use St. Chrysostoms words in our dialect If you take away judiciall Tribunals you take away all order of Life For as a Ship cannot but miscarry without a Pilot and an Army cannot march in due number or decent order without a Captain So without a Governour a City cannot be well ordered and without a King a Kingdome must needs come to ruine If you take a King from his Command or Authority from a King we shall live a more beastly life than irrationall creatures some biting and devouring others he that is Rich him that is Poore he that is strong him that is weaker he that is fierce him that is milder so farre and to this purpose the golden-mouthed Chrysostome With whom is agreeable that of the Scriptures In those dayes there was no King in Jsraell and what follows every one did that which was right in his own eies Iud. 17.6 So that as Tacitus hath it it is better to be under an evil Prince than under none The Tragoedian tels us that there is no greater evill than Anarchie it brings all things to confusion it ruines Cities layes waste Houses overthrows Armies but the submissive and due obedience of true Subjects doth preserve both life and fortunes An Empire now being constituted amongst men it must needs be that one or more must have the preheminence The former is called a Monarchie or a Kingdome the latter an Optimacie or State of the People A Kingdome then which is most proper to us is the Command or Soverainty of one man for the good of all I will not dwell long in describing the causes of it I would they were as well observed as they are knowne or better knowne that they might be the better observed All power over the Creature is originally in God the Creator but out of his goodnesse to Mankind communicated to Man above all others So that God is the onely Author and efficient Cause as of Things so of Kings For however there are divers wayes to attaine to the Princely Scepter as some have mounted the Imperiall Throne by force and armes others by the command of God have been designed Kings as David Hazael Jehu and others of which you may reade in the holy Scriptures others have been elected Princes by the Suffrages of the people and others borne in purple by hereditary right to a Kingdome Yet it is most certaine that whether by these or any other wayes men doe ascend the Chaire of State they have their power whatsoever it is solely from God and ought to use it to the glory of God and the good of their Subjects Seneca tells us that Nature at first did invent a King which is to be seen both in Animals and in Inanimates For the Bees Cranes and other living creatures have their Kings or Commanders So among foure-footed beasts the Lyon and amongst Birds the Eagles doe excell In Inanimates likewise the same is evident the Sun amongst the Stars the fire amongst the elements sight amongst the senses gold amongst metals wine amongst liquids have the precedencie And to speak truth under God the Law of Nature is a speciall cause for to effect and perfect Monarchie It is certaine faith that great States-man amongst the Romans that all ancient Nations did at first subject themselves to Kings and that was the first name of Government upon earth The Jews had a Monarchie from Saul to Zedekiah as may be seen in sacred Histories The Assyrians from Nimrod to Sardanapalus The Medes from Arbaces to Astyages The Persians from Cyrus to Darius the son of Arsamus The Macedonians from Caranus to Perseus Herodotus testifyeth of the Egyptians that they could be at no time without a King and therefore they did voluntarily carry the rods before them and submit themselves to be ruled by them The first King so far as may be gathered from Antiquity was called Menes The same custome was also prevalent among other Nations The first King of the Indians was Alexander of the Trojans Trojus of the Danes the first that was King was Graemus Brito of the Britains Fergusius of the Scots Craco of the Polonians Attilas of Hungary Zechus of Bohemia Pharamundus of France and Pelagius of Spain The first Kings that are celebrated of the Grecians were
Saturne Jupiter and Cecrops of the Garamantes a people of the middle of Lybia Cambyses of the Romanes Romulus from whom at first to L. Tarquinius Superbus and afterwards from C. Julius Caesar to this day they have retained a Monarchie Bellarmine would divine that the Civill power ought to be immediately if not by the Law of God yet by the Law of Nature in the whole multitude as in its subject and from it to be transferred by the same law of Nature to one or more But he much deceives himselfe and others also with such his hallucination For this power of Life and Death is given by Nature unto none None seemes to be Lord of his owne Members much lesse of anothers Onely God who gives Life to Men hath the power of taking it away from them or those to whom by a speciall favour he hath communicated that power And surely your blood of your lives wil I require saith God at the hands of every Beast will I require it and at the hand of Man at the hand of every Mans Brother will I require the Life of Man Whosoever sheddeth mans bloud by man shall his bloud be shed for in the image of God made he man Hence is that precept both of God and Nature Thou shalt not kill But if this power were given by Nature unto men it should surely have been given to one man rather than to all for the command of one man even Bellarmine himselfe being the Judge is the best and most agreeable unto nature but the command of a multitude the worst Now Nature in every thing as the Philosophers will have it doth intend that which is best So that out of the politique society and a certaine forme of Civill Government there is not any Politique or Civill Power given unto men But all consent that all ancient Nations as formerly was spoken did at first obey Kings and that it was the first name of command upon earth Yea as Bellarmine himselfe confesseth Kingdomes are of greater antiquity than Common-wealths In the beginning of States saith Justine the command of People and Nations was in the Kings It must needs be then that Kings not receive their power and authority from the multitude or men but from God onely the King of Kings For it is a Maxime and Principle among the Lawyers that no man can transfer more power upon another than he hath himselfe Nor is this assertion contradicted though you should alledge that Princes as I said before are sometimes chosen by men more often if not alwayes inaugurated by them For hence it is that S. Peter calleth a King {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} the ordinance of man which is not so to be understood Causally as if it were excogitated or invented by men but Subjectively because it is exercised by men and Objectively because it is versed about the government of humane society and then Finally because it is constituted by God for the good of men and the conservation of humane policie For the word {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} doth recall us to God as to the first Author of authority and although Kings are created by men that is erected anointed and inaugurated by them yet the first Creator of Kings is God to whom all creation doth appertaine and from whom all power doth come For there is no power but of God if we will beleeve S. Paul who from his Master tels us that the powers that be 〈◊〉 ordained of God The Finall cause of sover aignty is the glory of God and the happinesse of the subject that a King as the Keeper of the two Tables in the Decalogue with one eye looks up unto God whose Vicegerent he is in advancing and defending Religion and piety and with the other upon his Subjects that they may live in peace and prosperity For this cause saith Epiphanius are powers ordained that all things from God may be well disposed and administred to the good order of government of the whole world This is that goale to which the Princely Champion runs which is no other as Lipsius speaks than the commodity security and prosperity of Subjects And this is the end which S. Paul expresseth when as he saith that the Magistrate is the Minister of God to them for good Where by good we may understand good Naturall good Moral good Civill and good Spirituall First the King is the minister of God to his Subjects for their good naturall whenas he makes provision of corn and victuals whereby they may live Secondly he is a minister of God for their good morall when as he doth prescribe such Laws to his Subjects as that they conforming their lives to them may live honestly Thirdly he is the Minister of God to them for good Civill when as by his sword he doth preserve their persons and estates from injury and mainteine the publique peace And lastly he is the Minister of God for good unto them good spirituall when as hee doth advance and maintain Religion and piety and suppresse prophanenesse and superstition The materiall cause of Soverainty is the King and people with which as with its integrall parts it is compleat and absolute and without which it cannot at all subsist The formal cause of it consists in that order which is betweene the King and his Subjects by which he is above them and they under him he commands and they obey he rules and they submit of which as Lipsius saith there is so great a force or necessity rather that this alone is the stay or prop of all humane things This is that same Bond saith Seneca by which the Common-wealth coheres that vitall spirit which so many thousands of men doe draw who otherwise of themselves would be nothing but a burthen and a prey if this soule of command were withdrawn from them This is that same Circaean rod with the touch of which both beasts and men become tame and ruley which of all otherwise head-strong and untractable makes every one obedient and plyable each man with the feare of it A Common-wealth saith Aristotle is a certaine description or order of those men which doe inhabit it The King he is above all others according to that power which God Almighty hath communicated unto him and the Subjects they are under him by the same authority And therefore Princes are called {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} that is supereminent seated in a more sublime estate And Subjects they are called {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} subordinate reduced into order The metaphor is taken from military discipline in which the Commander placed above all others over-looks the whole body whiles every one besides him standing in their ranks keepe their stations Whereupon as souldiers in an Army placed in order are subordinate to their Captain and performe obedience to him as
would be debilitated and go to ruine In these Tributes and Contributions saith Ulpian there is none but may know that the strength of a Kingdome doth consist They are the very nerves of a Common-wealth They are saith Cicero the ornaments of peace and the supporters of war It is impossible said the Emperour that otherwise a Republique could be conserved if it were not for the religious observation and due collation of tributes The necessity of which Menenius Agrippa in Livie would teach the Romans with this not more wittie than apposite Apologie For as if food and nourishment be denyed to the belly the whole body must of necessity languish and waste away by a Consumption So if you with-hold Subsidies and Tributes from the chiefe Magistrate the Common-wealth must of necessity come to ruine And therefore wel said Tacitus you soone teach the dissolution of an Empire if you diminish the revenue by which it should be sustained nay if as Lipsius hath it you doe not sometimes augment them Lastly the sixt member wherein the honour of Subjects towards their Prince consists is Equity Which is a vertue whereby every Subject is bound with candour either to cover the imperfections and errors of his Prince and to interpret them in the best sense or by a prudent dissimulation to passe them by and take no notice of them or if the reason of his place doth so require it by moderate counsels and admonitions to endeavour to reforme them For that which is spoken unto children by the son of Sirach every true subject ought to apply it to himselfe Glory not in the dishonour of thy father for thy fathers dishonour is no glory unto thee for the glory of a man is from the honour of his father And we cannot but be knowing of Chams curse for laying open or not covering his fathers nakednesse It is the office and duty therefore of every Subject according to their respective places not to discover but rather to cover and conceale the naeves infirmities and imperfections of their Princes and as opportunity shal serve in an humble way seek by wholsome admonitions and moderate counsels to reclaime them This was Luthers doctrine that great instrument of Reformation which at this day is so much pretended The office of Subjects saith he doth require that they doe declare unto Princes what they know not For as Princes may sinne by not knowing those things which they doe to be sins so Subjects may sin more in not shewing to Princes those things which they doe to be sins The one sinnes by ignorance the other by negligence And to this end he alledgeth that passage of Abimelock King of Gerar who having taken to himselfe Abrahams wife because Abraham had told him she was his sister and being warned by God in a dreame to restore her to him did lay all the fault upon Abraham because he had no sooner imparted the villanie and wickednesse of his Courtiers unto him And thus you see wherein the duty of Subjects consists either in one word of Obedience as Saint Paul expresseth it or in one word of Honour which comprehends Acknowledgment Reverence Love Obedience Gratitude and Equity as the fift Commandement doth desire it So then to bring all to a head All and every Subject are bound to submit themselves unto their Princes in those things which they command not being contrary to the laws of God and the laws of nature It is true that in the Apostles times there were some who absurdly interpreting the Holy Scriptures as too many now fanatically given by an unknown spirit and extending their Christian liberty further then the simplicity of the Gospel would permit them did maintaine that it was a most unworthy thing that they who were freed by the Sonne of God and governed by the Spirit of God should be under the power of man Of this leaven was Judas of Galile of whom we 〈◊〉 in the Acts of the Apostles He as Joseph 〈◊〉 late 's , taught that by the Law of God none ought fit to be called Lord but God himselfe and that there was no obedience due to the Politique Magistrate no tribute to Caesar After them sprung up the Donatists Anabaptists and their Disciples {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} all birds of an ill brood who did likewise reject the command of the Civil Magistrate Lastly the Pontisicians though not in the same manner did oppose the power of Princes cavilling with the Civill Authority and maintaining that their Clergie can by no means be punished by a Civill Judge or compelled to appeare before the Tribunall of a Secular Magistrate but that all their goods as well Ecclesiasticall as Civill 〈◊〉 free and so ought to be from the tributes and taxes of secular Princes All whose erroneous tenents and opinions the Spirit of God having confuted in his holy Word doth exactly and precisely determine the contrary expresly setting forth and commanding the office of subjects to their Princes S. Paul as you heard gives this exhortation Let every souls submit himselfe unto the higher powers Rom. 13.1 He excepts no order nor sex nor condition nor any thing that hath the nature of man And a little after Render wherefore unto all their dues tribute to whom tribute is doe custome to whom custome fear to whom feare honour to whom honour And in his Epistle to Titus he layes a charge upon him then Bishop of 〈◊〉 that he should give it in charge to the Cretians to be subject to principalities and powers to obey Magistrates and to be ready to every good work Tit. 3.1 So in his first Epistle to Timothie I exhort saith he that first of all supplications prayers intercessions and giving of thanks be made for all men for Kings and for all that are in authority that we may live a quiet and a peaceable life in all godlinesse and honesty The same thing before Saint Paul yea before our Saviour himselfe as he was in the flesh did the Prophet Jeremiah exhort the Jews unto that were exiles from their own Countrey in Assyria and that not without especiall command from God that they should pray to God for the safety of the King and the Kingdom of Babylon where they were Captives and withall he doth sharply reprove the rashnesse of those false prophets who by vaine promises and hopes of immature libertie did incite them to rebellion Thus saith the Lord of Hosts the God of Israel unto all that are carried away Captives whom I have caused to be carried away from Jerusalem to Babylon Seeke the peace of the City where I have caused you to be carried away Captives and pray unto the Lord for it for in the peace thereof yee shall have peace Nor is Saint Peter backward to informe the strangers scattered throughout Pontus Galatia Cappadocia and Bithynia with the same doctrine Submit your selves saith he to every Ordinance