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A72992 The magistrates charter examined, or his duty and dignity opened In a sermon preached at an assises, held at Sarum in the county of Wiltes, on the ninth day of March, last past, 1614. By Bartholomevv Parsons Batchelour in Diuinity, and vicar of Collingborne Kingstone in the diocesse of Sarum. Parsons, Bartholomew, 1574-1642. 1616 (1616) STC 19349; ESTC S123231 21,367 40

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in suis adddit ad glassam extraua vnam sanctam vnlesse hee had left one such behind that could do all these things Not much vnlike to that of Bellarmines that if the Church had not this power to dispose of temporall things and Kings in ordine ad spiritualia In order to spirituall things it were not perfect and sufficient for it selfe in order to its owne good x Bellar. lib. 5. de Rom. Pontif. cap. 7. And for practise of this super-eminent power Henry the sixth and his Emperesse were crowned by the Pope Holding the Crowne betweene his feete and so setting it on their heads and hauing thus Crowned the Emperour hee stroke it off againe with his foote to shew that he had power to depose him y Houeden Annales pag. 689. Which if it be so what validity is there in Gods Charter heere How do Kings and Magistrates hold immediately from him reigne by him haue their power from him if it may be giuen and taken away by the Pope And must there not bee an Index ex purgatorius to wipe out the sentences of Antiquity that sound to the contrary maintaine that earthly Gods hold of none but the heauenly are inferiour to none but him to be iudged by none but him Colimus Imperatorem saith Tertullian z Tertul. ad Scapulam lib. 2. Wee honour the Emperour as a man next vnto God and receiuing from God whatsoeuer hee hath Super imperatorem saith Optatus a Optatus lib. 3. contra Parmenianum Aboue the Emperour there is none but God onely who hath made the Emperour And how shall Tibi soli pecc●ui Against thee onely haue I sinned b Psalm 50.4 scape the Index if the Magistrate stand at the Popes iudgement seate and must there be iudged Soli Reges c. Kings alone c Otto Frisingens in Epist ad Frederic Oenobarb being reserued for Gods examination are not brideled by any worldly Lawes whence commeth that saying as well of a King as a Prophet Against thee onely haue I sinned that is as Euthymius expoundeth it Rex sum c. I am a King Lord of all other and haue thee onely for a Iudge of the faults that I commit But as for this transcendent power which the Pope assumeth ouer all Kings and Princes which hold their Crowne and Scepter Authority and Power onely from God whether hee challenge it directly or indirectly the difference betweene which is in via modo non in vi efficacia d Barclaius 236 in the way and manner not in the force and efficacie Let all that feare God and honour their Kings pray that it may proue that which one of his owne side feareth A Seiani equus qui proprios Dominos peruertit e Barclaius in Epist dedicat ad Clement 8. A Seianus horse which ouerthrew his owne Maisters and that it may stirre vp the Kings of the earth to hate the whore of Babylon to make her desolate and naked and to pull her flesh f Reu. 17.17 I said before that there were many aduersaries which infringer this Charter The Magistrates immediate power from God is crucifyed betweene theeues on the other side also Those factious Statists who very vnnaturally diuide this power betweene God and the people as the childe betweene the two mothers and teach that a King is instituted of God constituted of the people The Kingdome is giuen him of God deliuered him of the people That hee reigneth from God but by and for the people Is chosen of God confirmed of the people g Vindicie contra tyrannos For these Distinctions speake halfe in the Language of the Iewes halfe in the Language of Ashdod h Neb. 13.23 Halfe soundly halfe seditiously For The most High appointeth whomsoeuer hee will ouer the Kingdomes of men i Dan. 5.21 Christianus scit saith Tertullian k Tertul. ad Scapulam The Christian knoweth that the Emperour is constituted of God there is his constitution from God as well as his institution and the deliuerance and seisin is from God as well as the gift Trado I deliuer all these Countries into the hands of Nebuchadnezzar my seruant l Ier. 27.6 Their raigning is as well by God as from God By mee saith the Text m Prou. 8.15 their confirmation from him as well as their election God did not onely choose but also make Dauid King n 1. Chr. 28 4. Hee annointeth him with his holy oyle o Psal 89.20 and setteth a Crowne of pure gold on his head p Psal 21.3 These distinctions then are but peruerse disputings of men of corrupt minds and destitute of the truth There is no copercener with God the Grantor heere It is not I and the Pope nor I and the people but I haue said onely the powers that be are of God and of him onely That I haue beene so long in pleading this immediate power from God out of this clause of the Charter I may say to these times that both teach and doe against this as Paul to the Corinthians in another case Yee haue compelled mee q 2. Cor. 12.11 The next clause to be scanned in this Charter heere is the Grantees for these two are correlates and depend one vpon the other one of thē cannot be without the other no Grantor but with reference to a Grantee Yee are Now these Yee are not onely Principalities r Titus 3.1 the highest Magistrates the supreme f 1. Pet. 2.13 but also subordinate Powers t Titus 3.1 those that are sent of them u 1. Pet. 2.13 For Princes must haue many eyes to see withall many hands to worke withall x Xenophon in Cyropadia they being not able to beare their whole people alone y Num. 11.14 nor their cumbrance and strife z Deut. 1.12 must haue subordinate Rulers that must beare the burthen with them For so God ordereth the matter for Moses ease and the peoples necessity a Num. 11.17 So hee commandeth that Iudgee and Officers should bee made in all their gates which the Lord their God should giue them throughout all their Tribes b Deut. 16.18 And so accordingly Iehoshaphat practised Setting Iudges in the Land through all the fenced Cities of Iudah Citie by Citie c 2. Chro. 19.5 And as they are called In partem sollicitudinis to part of the burthen and care so God vouchsafeth them heere Partem honoris part of the honour and ioyneth them Patentees heere together giuing to these subordinate Rulers and Iudges for to them particularly doth this word of God here come d Iohn 10.35 his Name his Office his Seate the execution of iudgement in his stead e Deut. 1.17 For as that precious ointment powred on Aarons head ran downe to his beard and thence to the skirts of his garment f Psal 133.2 So that sacred annointing vnto Soueraignety and Gouernement which is
any man that hee hath not receiued p 1. Cor. 4.7 receiued by way of gift not purchased by way of bargaine and sale Secondly that there is no time limited why it is altogether ad voluntatem domini he putteth downe the mightie from their seat q Luke 1.52 he remoueth kings and setteth vp kings r Dan. 2.21 hee taketh their glory from them ſ Dan. 5.20 and none can say vnto him what dost thou t Dan. 4.35 Behold then the highest honour the weightiest office one of them that flesh and blond can be capable of passed here in a briefe yet a full in a short yet a substantiall Charter I haue said ye are Gods Let vs then scan these in their order and see what cases may bee argued out of them what consectaries may be deduced from them To begin first with the Granter with whom euery well drawne Charter first beginneth The Psalmist speaking in the name of God in matorem rei fidem certitudinem bringeth in the person of God to speake his owne words I haue For this I is that God that standeth in the congregation of the mightie that iudgeth amongst the Gods u Verse 1. who is King of Kings and Lord of Lords x 1. Tim. 6.15 The granter then is the most high who ruleth in the Kingdomes of men and giueth them to whomsoeuer he will y Dan. 4.25 by whom Kings reigne Princes rule and nobles and all the iudges of the earth z Pro. 8.15.16 and who establisheth Kings in the throne for euer a Iob. 36.7 This first clause then will affoord vs this ruled case in the law of God That all Magistracie ciuil power on earth hath his originall authority immediatly frō the most high whose dominion is an euerlasting dominion and whose kingdome is from generation to generation b Dan. 4.34 there is no power but of God c Rom. 13.1 no power whether we distinguish them with Paul into Kings the supreame Magistrates and them that are in authoritie their substitutes and deputies d 1. Tim. 2.2 or with Peter into Kings as supreame and gouernors as them that are sent by them e 1. Pet. 2.13 but their tenure is in Capite from the most high God possessor of beauen and earth f Gen. 14.19 And that the wisedome of the spirit of God might the better meet with the folly of the phanaticall spirit of an Anabaptist which saith Potestates sic à deo c g Pareus in Rom. 13. that powers are so of God as plagues diseases and punishments are of God it explaineth it selfe and expresseth further how powers are of God not as his rods and iudgements but as his sacred ordinance and the powers that be are ordained of God h Rom. 13.1 wherein explicat quomodo dixerit c. i Pareus ibidem hee declaclareth how he hath said that all powers are of God not certainly as plagues diseases warres and other mischiefes are sent of God but as a wholesome order which ordinarily may supply the stead and represent the person of God in gouerning of all men good and euill whereupon the powers are not onely called by God the ministers of God but also Gods which by no meanes can be spoken of Gods scourges Neither doth the spirit of truth which led the Apostles into all truth loqui pugnantia speake contrarieties in the mouth of Peter when it calleth the Magistrate an humane ordinance or creature k 1. Pet. 2.13 for it is not in regard of the Authour as if it were deuised by man humanam ordinationem seu creationem vocat Apostolus Magistratū non causaliter c. l Pareus in Rom. 13. The Apostle calleth the magistracy an humane ordinance or creature not in regard of the cause as though it were deuised by men but in regard of the subiect because it is borne by men and in regard of the obiect because it respecteth the gouernment of humane societie and in regard of the end because it is ordained of God for mans good And the naming of it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 there creature or creation sheweth that Magistracy is Gods worke ordinance who can onely create Impossibile est quod alicui creaturae conueniat creare saith Thomas Aquinas in another case m Thomas part 1. quaest 45. artic 3. It is impossible that power to create should be giuen to any creature Therefore Antiquitie maketh them to reigne onely by him by whom they liue Cuius iussu homines nascuntur eius iussu reges constituuntur n Irenaeus lib. 5. aduersus haeres saith Irenaeus by whose appointment men are borne by his appointment kings are ordained Inde illis potestas vnde spiritus Ter tul in Aologet saith Tertullian o thence haue they their power whence they haue their breath And although corrupt intruding into the Magistracy be not of God as of Ieroboams getting the kingdome of Israel by his owne and the peoples rebellion against their lawfull king Rehoboam God himselfe saith They haue set vp kings but not by me p Hos 8 4. Although the wicked administration of rulers and gouernors who turne iudgement into worme-wood oppresse the innocent defile their streetes with innocent bloud q 2 King 21.16 and deliuer the holy and iust to be put to death as Pilate did our Sauiour r Acts. 3.14 come not downe from the father of lights for what fellowship shall the throne of iniquitie which frameth mischiefe by a law haue with him ſ Psal 94.20 but is of the corrupt will of man and of the Diuell from whom all committing of finne is t 1. Ioh. 3.8 as our Sauiour calleth the comming of the high priests the captaines of the Temple and the Elders to apprehend him the power of darknesse u Luke 22.53 yet the office power it selfe distinguished and set apart from the abuse of the persons is giuen from aboue as in the same case our Sauiour telleth Pilate that he could haue no power at all against him except it were giuen him from aboue x Ioh. 19.10 Deus ille foelicitatis author dator c. saith Saint Augustine y August lib. 4. de ciuit dei cap. 33. God that is both the author and giver of happinesse because he is the onely true God giueth earthly kingdomes both to good and euill men Potestas super omnes homines dominorum meorum pietati coelitus data est saith Gregory z Greg. lib. 2. cap. 100. indict 11. writing to Mauritius the Emperour and Augusta the Empresse Power ouer all men is giuen from heauen to my good Lord and Lady And these Magistrates with whom God hath to deale here abused their office in an high degree as their sharpe reprehension sheweth How long will yee iudge vniustly and accept the persons of the wicked a Vers 2. yet their power was from him
who hath all power in heauen and earth their Tenure by his Charter vpon his owne confession here I haue said Videmus hic saith Musculus b Muscul in Psalm 82. c. Wee see here that there is no Magistrate which is not of the will and word of God neither can they that are wicked be excepted for first of all he speaketh here not of godly but of vngodly Magistrates Againe when he saith all you he manifestly includeth them all that none can be exempted If any one shall aske me here Quis negat Who denieth this as hee that praised Hercules was asked quis vituperauit I could wish from my heart that there were no such root of bitternesse to be found no tongue heard to speake against the Gods of the earth in this their right But as Paul said in another case There are many aduersaries c 1. Cor. 16.9 Cardinall Bellarmine so minceth the matter that a man may easily see it is his meaning to bring the Magistrates necke vnder the Popes or the peoples girdle to make their crowns at the command of either or both Politica potestas saith he d Bellar. de Laicis cap. 6. the ciuill power being considered in the generall without descending in particular to Monarchy Aristocracie c. is immediatly from God onely Secondly this power is immediatly in the whole multitude as in the subiect Thirdly euery particular kinde of gouernement is of the law of Nations for it dependeth on the consent of the multitude to set a king ouer them Againe his distinction betweene Kingdomes and the Popedome is Regna non sunt c. kingdomes are not of the law of God but of the law of nations and therefore are changeable but the Popedome is of the law of God and cannot be changed e Bellar. de Clericis cap. 28. All which positions put together open the doore for other doctrines of the same Cardinall which make ciuill Magistrates euen Kings the supreme f 1. Pet. 2.13 Homagers both to people and Pope and giue them both power to pull off their crownes and cast them out of their Thrones which yet are not theirs but Gods held from him as Salomon is said to sit on the Lords Throne g 1. Chr. 29.23 For the peoples power herein Non licet saith he h Bellar. lib. 5. de sum Pontif. cap. 7. it is not lawfull for Christians to tolerate a king that is an Infidell Againe Christians are not bound nay they ought not to tolerate an infidell King with euident danger of religion We see then that the ciuill power which is immediatly in the people and but in the Magistrate precario by curtesie from them may nay must be taken from Kings by the people in case of infidelity and heresie For the Popes power herein Papa potest c. The Pope may change kingdomes and take them from one and bestow them vpon another as the chiefe spirituall Prince if it be needfull for soules health i Bellarm. lib. 5. de sum Pontif. cap. 6. Which power at least if it may stand but currant it shall be hard if this great Physitian of their soules doe not finde some distemper in them for which the bloud royall must be let out But spectate importunitatem beluae see the vnreasonablenesse of the beast because the Cardinall denied this power to the Pope ordinarily and directly as Pope and gaue it him per obliquum ductum extraordinarily and directly in ordine ad spirituale bonum in order to the spirituall good as he is the chiefe spirituall Prince Sixtus Quintus the Pope that then reigned was so little pleased therewith that Parum abfuit he missed but a little of abolishing all his workes by his Papall censure saith Barclaius k Barclaius de potest Papae as the Iesuits told me in good earnest For that Pope in his Bull against Henry the third of France roared out l Barcl ibidem Se supremam c. that hee had supreame authority ouer all Kings and Princes of the whole earth and all people and nations deliuered vnto him not by mans but by Gods ordinance and was tam animosus so couragious or rather outragious in shewing this power that there was a thunder-bolt of excommunication made ready vpon the string and should haue beene shot off against the most Catholicke King Philip of Spaine who was haeresis in suo populo in sua prole vltor m Prefat ad Lector in Barclaio a punisher of heresie in his owne people in his owne off-spring and in whose soule hee could hardly finde any sicknesse of heresie if Sixtus had not beene subita febre sublatus taken out of the way with a sudden feuer which how it came about they that know the policies and poysonings of that generation can easily imagine And before him Gregory the seuenth in his execration against the Emperour Henry the fourth chalengeth vnto himselfe absolute power on earth imperia regna c. to take away and giue Empires Kingdomes Soueraignties and whatsoeuer mortall men can haue n Platina in vita Henric. 7. And being aduised to vse more mildnesse in his proceedings not so to throw downe Henry from all Imperiall and Royall administration hee cryed out When Christ committed his Church to Peter and said Feed my sheepe excepitne reges did hee except Kings for depriuing and deposing are high poynts of feeding with them And the Canon law maketh the Pope Regem c. King of Kings and Lord of Lords o Extrauag Iob 22. titul 14. de verb. sig c. cum inter in glossa which is Gods own stile In it Popes contend that Imperium subest sacerdotio the Empery must bee subiect to the Priesthood p Innocent 3. decret 1. tit 33. de Maiorit that Romanus Pontifex c. the Pope hath both swords and iudgeth all men q Bonifac. 8. extrau de maiorit cap. vnam sanctam and reason for their direct superiority in temporalibus in all Temporall matters not onely ouer the Christian but also ouer the whole world and the Gods thereof Heere are two swords therefore the Pope hath both swords I haue set thee ouer Nations and Kingdomes to roote out and to pull downe c. r Ier. 1.10 therefore the Pope is ouer Kingdomes to pull them downe translate and giue them to whom hee will Christ hath all power in heauen and in earth f Math. 28.18 therefore the Pope his Vicar bath the like And Antoninus applyeth that of the Psalme Thou hast put all things vnder his feete t Psal 8.6 to the Pope interpreting Sheepe to be Christians both Kings and Subiects Scriptures scarcely so fitly alleaged and expounded as the deuill did the Text against our Sauiour And one of them is bold to say Non videretur c. Our Lord should not seeme to haue beene discreete that I may speake with reuerence of him u Petr. Bertram