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A96592 Jura majestatis, the rights of kings both in church and state: 1. Granted by God. 2. Violated by the rebels. 3. Vindicated by the truth. And, the wickednesses of this faction of this pretended Parliament at VVestminster. 1. Manifested by their actions. 1. Perjury. 2. Rebellion. 3. Oppression. 4. Murder. 5. Robberies. 6. Sacriledge, and the like. 2. Proved by their ordinances. 1. Against law. 2. Against Equity. 3. Against conscience. Published 1. To the eternall honour of our just God. 2. The indeleble shame of the wicked rebels. And 3. To procure the happy peace of this distressed land. Which many feare we shall never obtaine; untill 1. The rebels be destroyed, or reduced to the obedience of our King. And 2. The breaches of the Church be repaired. 1. By the restauration of Gods (now much profamed) service. And 2. The reparation of the many injuries done to Christ his now dis-esteemed servants. By Gryffith Williams, Lord Bishop of Ossory. Williams, Gryffith, 1589?-1672.; Burgess, Anthony, d. 1664. 1644 (1644) Wing W2669; Thomason E14_18b 215,936 255

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Majestie and so much trust reposed in him and would notwithstanding prove so unthankfull as to kick with his heeles against his Master and so follow whom you know passibus aequis whose example any other man that were not robb'd of his understanding would make a remora to retaine him from rebellion and what are the other heads but a company either of poore needy Who the Rebells are and what manner of persons they be and meane condition'd Lords and Gentlemen or discontented Peeres that are misled or such factious Sectaries whose blind zeale and furious malice are able to hurry them headlong to perpetrate any mischeife for their Captaines and their Officers I beleeve they fight neither for the Anabaptists creed nor against the Roman faith nor to overthrow our Protestant Church but for their pay for which though they cannot be justified to take their hire for such ill service to rebell against their King and to murder their innocent brethren Yet are they not so bad as their grand Masters and for their common Souldiers I assure my selfe many of them fight against their wills many seduced by their false Prophets others inticed by their factious Masters and most of them compelled to kill their brethren against their wills and therefore in some places though their number trebled the Kings yet they had rather run away then fight and what a miserable and deplorable case is this when so many poore soules shall be driven unto the Devill by Preachers and Parliament against their wills 4. The supreme authority 4. If you consider qua authoritate by what authority they wage this warre they will answer by the Authority of Parliament and that is just none at all because the Parliament hath not the supreme authority without which the warre is not publique nor can it be justified for a warre is then justifiable when there is no legall way to end the controversie by prohibiting farther appeales which cannot be but onely betwixt independent States and severall Princes Albericus Gentilis de jure belli l 1. c. 2. that have the supreme power in their owne hands and are not liable to the censure of any Court which power the Parliament cannot challenge because they are or should be the Kings lawfull Subjects and therefore cannot be his lawfull enemies but they will say Master Goodwin Burroughes and all the rest of our good men zealous brethren Subjects can never make a lawfull warre against their king and powerfull Preachers doe continually cry out in our eares it is bellum sanctum a most just and holy warre a warre for the Gospell and for our Lawes and Liberties wherein whosoever dies he shall he crowned a Martyr I answer that for their reward they shall be indeed as Saint Augustine saith of the like Martyres stultae Philosophiae when every one of them may be indicted at the barre of Gods justice for a felo de se a Malefactor guilty of his owne untimely death Res dura ac plena pericli est regale occidisse genus and for their good Orators that perswade them to this wickednesse I pray you consider well what they are men of no worth rebellious against the Church rebells against the King factious Schismatiques of no faith of no learning In what condition their Preachers are and of what worth that have already forfeited their estates if they have any and their lives unto the King● and will any man that is wise hazard his estate his life and his soule to follow the perswasions of these men my life is as deere to mee as the Earle of Essex his head is to him and my soule deerer and I dare ingage them both that if all the Doctors in both Universities and all the Divines within the Kingdome of England were gathered together to give their judgement of this warre there could not be found one of ten it may be as I beleeve not one of twenty that durst upon his conscience say this warre is lawfull upon the Parliament side It is contrary to the doctrine of all the Protestant Church for Subjects to resist their king for though these Locusts that is the German Scottish and the English Puritane agreeing with the Romane Jesuite ever since the reformation harped upon this string and retained this serpentine poison within their bosome still spitting it forth against all States as you may see by their bookes Yet I must tell you plainely this doctrine of Subjects taking up armes against their lawfull King is point blanke and directly against the received doctrine of the Church of England and against the tenet of all true Protestants Paraeus in Rom. 13. Boucher l. 2. c. 2. Keckerm Syst pol. c. 32 ●un Brut. q. 2. p. 56. Bellar. de l●●c c. 6 Suar. d●f fid cathol c. 3. and therefore Andreas Rivetus Professor at Leyden writing against a Jesuite that cast this aspersion upon the Protestants that they jumpe with them in this doctrine of warring against and deposing Kings saith that no Protestant doth maintaine that damnable doctrine and that rashnesse of Knox and Buchanan is to be ascribed praefervido Scotorum ingenio ad audendum prompto Juell and Bilson and all the Doctors of our Church are of the same minde and Lichfield saith no Orthodox father did by word or writing teach any resistance for the space of a thousand yeares and Doctor Feild saith ●ichfield l. 4. c ●9 § 19 ●ield l. 5. c. 30 that all the worthy fathers and Bishops of the Church perswaded themselves that they owed all duty unto their Kings though they were Heretiques and Infidells and the Homilies of the Church of England allowed by authority do plainely and peremptorily condemne all Subjects warring against their King for Rebells and Traitors that doe resist the ordinance of God and procure unto themselves damnation and truly I beleeve most of their own consciences tell them so they that think otherwise I would have them to consider that if they were at a banquet where twenty should averre such a dish to be full of poyson for every one that would warrant it good would'st thou venture to eate it and hazard thy life in such a case O then consider what it is to hazard thy soule upon the like termes So you see the justnesse of the warre on the Parliament side But 1. On the Kings side it cannot be denied but his cause is most just for his owne defence for the maintenance of the true Protestant Religion that is established by our Lawes and for the rights of the Church and the just liberties and property of all his loyall Subjects this he testifieth in all his Declarations and this we know in our owne consciences to be true and therefore 2. As His Majestie professeth so we beleeve him that he never intended otherwise by this warre but to protect us and our Religion and to maintaine his owne just and unquestionable rights which these Rebells would
any of these Sects that may be commorant within his Kingdomes Touching which I say that besides dissembling hypocrites and prophane worldlings that have no faith nor any other religion but the shadow of that religion whatsoever it is which is profest wheresoever they are Foure speciall sorts of false Professors 1. Jewes there may be in any Kingdome Jewes Turkes Papists Puritans and the like or to call them otherwise Idolaters Heretiques Schismatiques c. And 1. For the Jewes though they have many things in their religion which will ever alienate them from the Papists yet they have free leave to use their ancient Ceremonies in Rome Whitak against Campian translated by Master Stocke p. 311. saith Doctor Whitaker and it is well knowne that many pious Princes have permitted them to dwell and to exercise their owne religion in this Kingdome the old Jurie in London is so called because it was allotted for their abode and the Lawes of many Christian Emperours have in like sort permitted them to do the like in their Dominions With what cautions the Jewes are to be suffered Deut. 7.3 Exod. 23.32 Doctor Covell c. 14. p. 199. but with those cautions and limitations that Moses prescribed unto the Jewes to be observed with the Heathens and Idolaters that dwelt amongst them that is neither to make marriages with them nor to communicate with them in their religion And S. Augustine is reported to be so favourable towards them that he alleadgeth severall reasons for their toleration As 1. 1. Reason for their toleration That above and before others they had the promise of salvation and therefore though some of the branches be cut off and the case of the rest be most lamentable yet not altogether desperate and incurable Rom. 11.24 25 if we consider what the Apostle setteth downe of their conversion and re-unition unto the good right olive tree 2. That the Prophet David speaking of them made that Reason 2 prayer unto God Slay them not O Lord Psal 59.11 lest my people forget it but scatter them abroad among the Heathen and put them downe O Lord our defence for many excellent ends as first that their being scattered among the Christians might shew both the Clemency and severity of God towards us mercy and clemency and towards them justice and severity which may likewise happen unto us if wee take not heed as the Apostle bids us Rom. 11.20 Wee may not force the Jewes to beleeve Be not high-minded but feare and secondly that being among the Christians they might the sooner at all times by their charity and prayers be reduced the more willingly to imbrace the faith of Christ when as unwillingly wee may neither compell them nor take their children to be baptized from them And therefore as the Princes of this Realme for divers causes hurtfull to their State have banished them out of their Dominions so if they see good cause to permit them as time may change the condition of things they may do as by their counsell they shall be advised either the one or the other to receive them or reject them without offence because we find no speciall precept or direction in Gods Word either to banish or to cherish them in any Kingdome 2 Turkes 2 For the Turkes the reasons are not much unlike though something different and in my judgement no lesse tolerable then the other because somewhat neerer to the Christian faith therefore I leave them to the Lawes of each Kingdome to do as the wisedome of the Prince shall thinke fit 3. Papists 3 For the Papists the case is farre otherwise with them then either with the Turkes or Jewes because 1 They professe the same faith quoad essentialia the same Creedes the same Gospell and the same Christ as we do 2 It is not denyed by the best of our Divines but that they together with us do constitute the same Catholicke Church of Christ though they be sicke and corrupted yet not dead and we strong and sound yet not unspotted members of the same as I have more fully shewed in my booke of the true Church 3. Popist 3 It is not agreed upon by all our Divines that they are idolaters though they be in great errours and implunged in many superstitions because every Church in errour though never so dangerous is not so desperate as that Church which is Idolatrous or be it granted which some of our Protestants will not admit that they were Idolaters Carol. Sigon l. 5. c. 11. p. 174. yet seeing not only seaven speciall sort of heresies as 1 the Sadduces 2 the Scribes 3 the Pharises The Hemero-baptists such as baptized themselves every day 5 The Osseni which Josephus calleth Essai 6 The Nazarites And 7 the Herodians whereof some denied the resurrection and the being of Angels and spirits but also Idolaters and heathens that knew not God but worshipped the Devill insteed of God were not inhibited to dwell and inhabit among the Jewes of whose Religion notwithstanding God was as carefull to preserve the purity of it and as jealous to keepe them from Idolatry as of any Nation that then or ever after lived upon the earth it is no question but if it please the King permission may be granted them to exercise their owne religion not publikely and autoritative equally with the Protestant but quietly and so as I have shewed in my Grand Rebellion Grand Rebell c. 1. p. 5. 6. for I am not of their faith which hold it more safe and lesse dangerous to be conversant with the Turkes or Jewes and to have more neerenesse with them then with an Idolatrous Church that professeth Christ because that where the greater distance is from the true religion there the lesser familiarity and neerenesse should be in conversation and the greater distance in communion therefore as the wrath of God was kindled against the Israelites because they had the Jewes their owne brethren The least familiarity in conversation where there is greatest distance from truth in greater detestation then the Idumeant or the Egyptians whose idolatry must needs be farre greater and their Religion farre worse in their owne judgement then that of the Jewes so we may feare the like anger from God if we will be so partiall in our judgement and so transported with disaffection as to prefer a blasphemous Turke or an impious Jewe before those men though ignorantly idolatrous that do with all feare and reverence worship the same God and adore the name of Christ as we do And we read that the Emperour Justinus a right Catholique Prince as Bishop Horne calleth him Bishop Horne against Fekenham Iustinus gave a toleration to the Arians at the request of Theodoricke King of Italy granted licence that the Arians which denied the Deity of our Saviour Christ and were the worst of Heretiques and therefore worse then any Papist should be restored and suffered to live after
Ariamirus Wambanus Richaredus and divers other Kings of Spaine did in like manner And Charlemaine who approved not the decisions of the Greekish Synod wrote a booke against the same * Intituled A Treatise of Charlemaigne against the Greekish Synod touching Images whereby the King maintained himselfe in possession to make Lawes for the Church saith Iohannes Beda of which Lawes there are many in a booke called The capitulary Decrees of Charles the Great who as Pepin his predecessor had done in the Citie of Bourges so did he also assemble many Councels in divers places of his Kingdomes as at Mayens at Tours at Reines at Chaalons at Arles and the sixt most famous of all at Francfort where himselfe was present in person and condemned the errour of Felician and so other Kings of France and the Kings of our owne Kingdome of England both before and after the Conquest as Master Fox plentifully recordeth did make many Lawes and Constitutions for the government of Gods Church But as Dioclesian The saying of Dioclesian that was neither the best nor the happiest governour said most truly of the civill government that there was nothing harder then to rule well * That is to rule the Common-wealth so it is much harder to governe the Church of Christ therefore as there cannot be an argument of greater wisedome in a Prince nor any thing of greater safety and felicity to the Common-wealth then for him to make choice of a wise Councell to assist him in his most weighty affaires Tacitus Annal. lib. 12. saith Cornelius Tacitus So all religious Kings must do the like in the government of the Church and the making of their Lawes for that government for God out of his great mercy to them and no lesse desire to have his people religiously governed left such men to be their supporters their helpers and advicers in the performance of these duties and I pray you whom did Kings choose for this businesse but whom God had ordained for that purpose for you may observe that although those Christian Kings and Emperours made their Laws as having the supremacy and the chiefest care of Gods religion committed by God into their hands yet they did never make them that ever I could reade with the advice counsell or direction of any of their Peeres or Lay Subjects but as David had Nathan and Gad The good Kings and Emperours made their Lavves for the government of the Church onely by the advice of their Clergy Nebuchadnezzar had Daniel and the rest of the Jewish Kings and Heathens had their Prophets onely and Priests to direct them in all matters of religion so those Christian Kings and Princes tooke their Bishops and their Clergie onely to be their counsellors and directors in all Church causes as it appeareth out of all the fore-cited Authors and all the Histories that doe write thereof and Justinian published this Law that when any Ecclesiasticall cause or matter was moved his Lay officers should not intermeddle with it A good Law of Iustinian but should suffer the Bishops to end the same according to the Canons the words are Si Ecclesiasticum negotium sit nullam communionem habento civiles magistratus cum ea disceptatione Constit 123. sed religiosissimi Episcopi secundum sacros canones negotio finem imponunto For the good Emperours knew full well that the Lay Senate neither understood what to determine in the points of faith and the government of Christ's Church nor was ever willing to doe any great good or any speciall favour unto the Shepherds of Christ's flocke and the teachers of the true religion because the Sonne of God had fore-told it that the world should hate us John 15.19 that secular men and Lay Senators should commonly oppose crosse and shew all the spite they can unto the Clergy of whom our Saviour saith Matth. 10.16 Behold I send you forth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as sheepe in the midst of wolves Whence this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 great distance between their dispositions being observed it grew into a Proverb that Laici semper infesti sunt Clericis How the Laity love the Clergie And Doctor Meriton in a Sermon before King James observed this as one of the good favours the Clergie of England found from our Parliaments since the reformation when many men first began to be translated from the seat of the scornefull to sit in Moses chaire A very memorable act Anno 39. Eliz. cap. 4. and to prescribe Lawes for Christ his Spouse to make an Act that all wandering beggars after their correction by the Constable should be brought to the Minister of the Parish to have their names registred in a booke and the Constable used to give to the Minister 2d for his paines for every one so registred but if he refused or neglected to doe it the Statute saith he should be punished 5 for every one that should be so omitted where besides the honourable office I will not say to make the Minister of Christ a Bedle of the beggars but a Register of the vagrants you see the punishment of one neglect amounteth to the reward of thirty labours therefore all the Christian Emperours and the wisest Kings considering this great charge that God had laid upon them to make wholesome Lawes and Constitutions for the government of his Church and seeing the inclinations of the Laity would never permit any of these Lay Elders and the Citizens of the world to usurpe this authority to be the composers contrivers or assistants in concluding of any Ecclesiasticall Law That the Laity should have no interest in making Lawes for the Church untill the fences of Gods vineyard were pulled downe and the wilde Boare out of the forrest the audacious presumption of the unruly Commonalty ventured either to governe the Church or to subdue their Prince since which incroachment upon the rights of Kings it hath never succeeded well with the Church of Christ and I dare boldly say it fidenter quia fideliter and the more boldly because most truly the more authority they shall gaine herein the lesse glory shall Christ have from the service of his Church and therefore Be wise ô ye Kings And consider how any new Canons are to be made by our Statute 25. Hen. 8. Ob. Ob. But then it may be demanded if this be so that the Laity hath no right in making Lawes and Decrees for the government of Gods Church but that it belongs wholly unto the King to doe it with the advice of his Bishops and the rest of his Clergy then how came the Parliament to annull those Canons that were so made by the King and Clergy because they had no vote nor consent in confirming of them Sol. Sol. Truely I cannot answer to this Objection unlesse I should tell you what the Poet saith Dum furor in cursu currenti cede furori Difficiles aditus impetus omnis
Church and State when their pretence was very good though the goodnesse of his Majestie in the tendernesse of his conscience was still loath to allow himselfe the liberty to dissolve it untill he had other juster and more cleare causes to pronounce it no Parliament as the abusing of his grant to the raising of an Army and the upholding of a Rebellion against their Soveraigne yet I believe he might safely have done it long agone without the least violation of Gods Law when their evill intentions were openly discovered by those Armies which they raised For I doubt not to affirme it with the Author of The sacred Prerogative of Christian Kings p. 144. if any good Prince or his royall Ancestors have beene cheated out of their sacred right by fraud or force he may at the fittest opportunity when God in his wise providence offereth the occasion resume it especially when the Subjects do abuse the Kings concessions to the dammage of Soveraignty so that it redounds also to the prejudice either of the Church or Common-wealth 3. When the King through feare 3. Grants gotten by force not to be observed not such as the Parliaments feare is who were afraid where no feare was and were frighted with dreames and causelesse jealousies but that feare which is reall and not little but such as may fall in fortem constantem virum doth passe any Law especially that is prejudiciall to the Church and injurious to many of his Subjects I say that when he shall be freed from that feare he is not onely freed from the obligation of that Law but he is also obliged to doe his uttermost endeavour to annull the same it is true that his feare may justly free him from all blame at the passing of it as the feare of the thiefe may cleare me from all fault in delivering my purse unto him because these are no voluntary acts and all acts are adjudged good or evill according to the disposition of the will the same being like the golden bridle that Minerva was said to put upon Pegasus to guide him and to turne him as she pleased The will must never consent to forced acts that are unlawfull His Majesties answer to the Petition of the Lords and Commons 16. Iuli● p. 8. but when his feare is past and God hath delivered him from the insurrection of wicked doers if his will gives consent to what before he did unwilling who can free the greatest Monarch from this fault Therefore His Majestie confessing which we that saw the whole proceedings of those tumultuous routs that affrighted all the good Protestants and the Loyall Subjects doe know that it could not be otherwise that he was driven out of London for feare of his life I conclude that the act of excluding the Bishops out of Parliament being past after his flight out of London can be no free nor just nor lawfull act and the King when he is more fully informed of many particulars about this act that is so preiudiciall to the Church of Christ and so injurious to all his servants the Clergy whose rights and priviledges the King promised and sware at His Coronation to maintaine Ob. cannot continue it in my judgement and be innocent Pag 31. But this is answered by the answerer to Doctor Ferne that he is no more bound to defend the rights of the Clergy by his oath then the rest of the lawes formerly enacted whereof any may be abrogated without perjury when they are desired to be annulled by the Kingdome Sol. His Majesties answer to the remonstrance or declaration of the Lords and Commons 26. of May. 1642. To which I say that as His Majestie confesseth there are two speciall questions demanded of the King at his Coronation 1 Sir Will you grant and keepe and by your oath confirme to the people of England the lawes and customes to them granted by the Kings of England your lawfull and religious predecessors And the King answereth I grant and promise to keepe them 2. After such questions as concerne all the commonalty of this Kingdome both Clergy and Laity as they are his Subjects one of the Bishops reads this admonition to the King before the people with a loud voice Our Lord and King we beseech you to pardon and to grant and to preserve unto us and to the Churches committed to our charge all Canonicall priviledges and due law and iustice and that you would protect and defend us as every good King in His Kingdome ought to be the protector and defendor of the Bishops and the Churches under their government And the King answereth With a willing and devout heart I promise and grant my pardon and that I will preserve and maintaine to you and the Churches committed to your charge all Canonicall Priviledges and due law and justice and that I will be your protector and defender to my power by the assistance of God as every good King in His Kingdome in right ought to protect and defend the Bishops and Churches under their Government Then the King laying his hand upon the booke saith The Kings oath at His Coronation two fold the things which I have before promised I shall performe and keepe so helpe mee God and the contents of this Booke Where I beseech all men to observe that here is a two fold promise and so a two fold oath 1. The one to all the Commonalty and people of England The frst part of the oath Populo Anglicano Vide D. p. 165. Clergy and Laity and so whatsoever he promiseth may by the consent of the parties to whom the right was transferred be remitted and altered by the representative body in Parliament quia volenti non fit injuria and the rule holds good quibus modis contrabitur contractus iisdem dissolvitur and therefore as any compact or contract is made good and binding so it may be made void and dissolved mutuo contrahentium assensu by the mutuall assent of both parties that is any compact where God hath not a speciall interest in the contract as he hath in the conjugall contract betwixt man and wife and the politicke covenant betwixt the King and His Subjects Contracts wherein God is interessed can not be dissolved without God which therefore cannot be dissolved by the consent of the parties untill God who hath the cheifest hand in the contract gives his assent to the dissolution and so when things are dedicated for the service of God or Priviledges granted for his honour neither donor nor receiver can alienate the gift or annull that Priviledge without the leave and consent of God that was the principall party in the concession as it appeareth in the example of Ananias and is confirmed by all Casuists 2. The other part of the oath is made to the Clergy in particular and so also with their consent The second part of ●he oath Clericis Ecclesiasticis D. p. 165. some things I confesse may perhaps