by God's holy Spirit both for the building of the Temple and the ordering of the Priests and Levites for the Service of the Temple And as Jehu had the direction of the Prophet Elisha for the suppression of the Priests of Baal so had Ezechias the Prophet Esay to direct him in the puâ—ging of the Temple and Râ—formation of those abuses that had crepâ—â—â— into the Service of God To this we answer That as Joshua the Prince was required to go in Sol. and out at the word of Eleazar the Priest so we yield that the King ought to hearken to the counsel and direction of his Bishop and Priest as David here did consult with Nathan and Ezechias with the Prophet Esay And while Religion is purely maintained the people truly instructed and the Church rightly and orderly governed by the Bishops and the rest of the Ecclesiastical Governours the Prince needs not to trouble himself with any Reformation or to meddle with the matters of Religion But the King Prince and Supreme Magistrate ought to see that all the aforesaid things are so and if they be not to correct the Priest when he is careless and to cause all the abuses that he seeth in the Church and in Religion to be Reformed Because as S. Augustine saith In hoc reges Deo serviunt sicut Augustin contra Cresconium l. 3. c. 51. iis divinâ—tùs praecipitur in quantum sunt reges si in suis regnis bona jubeant mala prohibeant non solum quae pertinent ad humanam societatem verumetiam quae ad Divinam religionem In this Kings and Princes do serve God as they are commanded by God if they do command as they are Kings in their Kingdoms those things that are good and honest and prohibit the things that are evil noâ— only in causes that do properly appertain to civil society but also in such thâ—ngs as belong and have referâ—nce to Religion and Piety And when they do so the Bishops and Priests be they whom you will should observe their Commands and submitt themselves in all obedience That the Bishops Priests ought to submit themselves to the lawful commands directions of their Kings civil Governours to their Determinations and censures For Moses was the civil Magistrate and the Governour of the people and as he received them from God so he delivered unto the people all the Laws Statutes and Ordinances that appertained to Religion and to the Service of God And when Aaron erected and set up the golden Calf to be worshipped and so violated the true Religion and Service of God Moses reproved and censured him and Aaron though he was the High Priest of God and the Bishop of the people yet as a good example for all other Priests and Bishops he submitted himself most submissively unto Moses the chief Magistrate and said Let not the anger of my Lord wax hot And I would the Pope would Exod 32. 22. do so likewise And therefore though we say the Judge is to be preferred before the Prince in the knowledge of the Laws and the Doctor of Physick in prescribing potions for our health and the Pilot in guiding his Ship which the King perhaps cannot do Yet it cannot be denied but the King hath the commanding power to cause all these to do their duâ—ies and to punish them if they neglect it So though the King cannot preach and may not administer the holy Sacraments nor intrude himself with Saul and Vzzia to execute the Office of the Priest or Bishop yet he may and ought to require and command both Priests and Bishops to do their duties and to uphold the true Religion and the Service of God as they ought to do and both to censure them as Moses did Aaron and also to punish them as Solomon did Abiathar if their offence so deserve when they neglect to do it and both Priests and Bishops ought like Aaron and Abiathar to submit themselves unto their censures CHAP. VII The Objections of the Divines of Lovaine and other Jesuites against the former Doctrine of the Prince his authority over the Bishops and Priests in causes Ecclesiastical answered And the foresaid truth sufficiently proved by the clear testimony of the Fathers and Councils and divers of the Popes and Papists themselves BUt against this Doctrine of the Prince his authority to rectifie the Obj. things that are amisse and out of order in the Church of God the Jesuites and their followers tell us Spirituales dignitâ—tes praestantiores â—sse secularibus seu mundanis dignitatibus That the Spiritual Dignities are more excellent than those that are worldly When as these two Governments Gen. 1. 16. Rom. 13 12. And though thâ— light of the Church be the greater yet that proves not but that the King should be the prime and chief Governoâ— of the Church the one of the Church and the other of the Common-wealth are like the two great Lights that God hath made the greater light to rule the day and the lesser light to rule the night and the Government of the Church must needs be acknowledged to be the Day and to have the greater light to guide and to direct it The Apostle telling us plainly that now the Gospel being come and the Church of Christ established the night is past or far spent and the day is at hand and come amongst us And the Government of the Secâ—lar State is like the Moon that ruleth the Night and receiveth her cleerest light from the Sun as all Christian Kingdoms do receive their best light and surest Rules of Government from the Church of God which is the pâ—llar and the ground of truth But To these that thus make the Civil Government subordinate to that which is Spiritual as both the Papists and our Fanatick-Sectaries here amongst us like the old doting Donatists would do and so abridge and deprive the Christian Prince of his just right and jurisdiction over the affairs and persons of the Church I answer 1. That Symbolical propositions examples parables comparisons and Sol. similitudes can prove nothing they may serve for some illustrations but for no infallible demonstrations of truth 2. I say that Isidorus a popish Doctor preferreth the Government of the Isidorus in â—lâ—ssa in Gen. ut citatur In the Scourge of Sacriledge Kingdom before the Priesthood by comparing the Kingdom unto the Sun and the Priesthood unto the Moon 3. I say that Theodore Balsamon a good School-man saith Nota Canonem Dicit Spirituales dignitates esse praestantiores secularibus sed ne hoc eò traxeris ut Ecclesiastiâ—ae dignitates praeferantur Imperatâ—riis quia illis subjiciuntur You must note that when the Canon saith the Spiritual dignities are more excellent than the Secular you must not so understand it Balsamon in Sextâ— Synodo Canonâ— 7. as to prefer the Ecclesiastical Rule or Dignities before the Imperial State because they are subject unto it and so to be
of Parliament made by powerful Commands and either through fear or errour can make that which is against the Will and contrary to the Law of God to be no sin or free the sinner from God's wrath Or do you think that I stand against so many well-deserving Gentlemen of such means and friends and power as you are only for covetousness to gain the Rent of a few houses and no longer than the remainder of a poor old man's life Surely not any one that had but the least inch of worldly wisdom would do so For besides my pains and labour I have spent already and shall spend yet before the Church shall lose them perhaps ten times more than my span-long life shall gain by them And what of that I have done my best when I have lost them Et liberavi animam meam and shall leave to God Causam suam Let him arise and defend his own Cause but let men take heed how they strive against God or seek to obstruct his Service and cause the diminution of his Worship which I hope your Piety will never suffer any one of you to do And I shall pray for you all and assuredly remain Your affectionate friend and servant Gryffith Ossory THE CONTENTS of the Chapters Chap. I. AN Introduction shewing the occasion of this Treatise and what the Author doth therein Page 1. Chap. II. Of Sacriledge what it is how manifold it is and how it hath been alwayes punished and never escaped the Hand of the Divine Vengeance p. 4. Chap. III. The divers sorts and kinds of Sacrilegious persons And first of those that do it under colour of Law and upon the pretence of Reformation whereby they suppose their Sacriledge to be no Sacriledge at all p. 15. Chap. IV. Of two sorts of Sacrilegious persons that rob the Church of Christ without any colour or pretence of Law but indeed contrary to all Law p. 21. Chap. V. The words of King David in the 2 Sam 7. 1 2. and their divisions When they were spoken And how or in what sense Sitting and Standing are commonly taken in the Scriptures And of the two Persons that are here conferring together p. 27. Chap. VI. What the Rest and peaceable times of King David wrought The Prince's authority in causes Ecclesiastical and how they should be zealous to see that God should be justly and religiously served p. 31. Chap. VII The Objections of the Divines of Lovain and other Jesuites against the former Doctrine of the Prince his Authority â—ver the Bishops and Priests in Causes Ecclesiastical answered And the foresaid truth sufficiently proved by the clear testimony of the Fathers and Councils and divers of the Popes and Papists themselves p. 37. Chap. VIII That it is the Office and Duty of Kings and Princes though not to execute the Function and to do the Office of the Bishops and Priests yet to have a special care of Religion and the true Worship of God and to cause-both the Priests and Bishops and all others to discharge the duties of God's Service And how the good and godly Emperours and Kings have formerly done the same from time to time p. 41. Chap. IX Of the chiefest Parts and Duties of Kings and Princes which they are to discharge for the maintenance of God s Service and the True Religion and the necessity of Uathedral-Churches and Chappels for the people of God to meet in for the Worship and Service of God p. 46. Chap. X. The Answer to the Two Objections that the Fanatick-Sectaries do make 1. Against the necessity And 2ly against the Sanctity or Holiness of our Material Churches which in derision and contemptuously they call Steeple-houses p. 53. Chap. XI The Answer to another Objection that our Fanatick-Sectaries do make against the Beauty and Glorious Adorning of our Churches which we say should be done with such decent Ornaments and Implements as are besitting the House and Service of God The Reasons why we should Honour God with our goods and how liberal and bountiful both the Fathers of â—â—â— Old Testament and the Christians of the New Testament were to the Church of God p. 58. Chap. XII The Answer to another Objection that our brain-sick Sectaries do make for the utter overthrow of our Cathedrals and Churches as being so sowly stained and profaned with Popish Superstitions and therefore being no better than the Temples of Baal they should rather be quite demolished than any wayeâ— adorned and beautified p. 63. Chap. XIII That it is a part of the Office and Duty of Pious Kings and Princes as they are God's Substitutes to have a care of his Church to see that when such Cathedrals and Churches are builâ— and beautified as is fitting for his Service there be Able Religious and Honest painful and faithful Bishops placed in those Cathedrals that should likewise see Able and Religious Ministers placed in all Parochial Churches and all negligent unworthy and dissolute men Bishops or Priests reproved corrected and amended or removed and excluded from their places and dignities if they amend not p. 67. Chap. XIV Of the maintenance due to the Bishops and Ministers of God's Church how large and liberal it ought to be p. 75. Chap. XV. That the payment of Tythes unto the Church is not a case of Custom but of Conscience Whenas the tenth by a Divine right is the Teacher's tribute and the very first part of the wages that God appointed to be paid unto his Workmen and therefore that it is as heynous a sin and as foul an offence to defraud the Ministers of this due as it is to detain the meat or money of the labouring-man which is one of the four Crying-sins p. 82. Chap. XVI The Answer to the Choisest and Chiefest Objections that the School of Anabaptists have made and do urge against the payment of Tythes now in the time of the Gospel p. 91. Chap. XVII What the ancient Fathers of the Church and the Councils collected of most Learned and Pious Bishops have left written concerning Tythes And of the three-fold cause that detains them from the Church p. 98. Chap. XVIII Of the second part of the Stipend Wages and Maintenance of the Ministers of the Gospel which is the Oblation Donation or Free-wil-offering of the people for to uphold and continue the true service of God and to obtain the blessings of God upon themselves and upon their labours which Donations ought not to be impropriated and alienated from the Church by any means p. 105. Chap. XIX That it is the duty of all Christian Kings and Princes to do their best endevours to have all the Impropriatioâ—s restored to their former Institution to hinder the taking away and the alienation of the Lands Houses and other the Religious Donations of our Ancestors from the Church of Christ and to suppress and 〈◊〉 all the Vnjust and Covetous sâ—ttle customs and frauds that are so generally used and are so derogatory to the service of God from
Religion should be revenged with humane fire or that it should grieve us to suffer wherein we are commended for suffering Nazianzen that for his soundnesse of judgement and profoundnesse of Nazian Orat. 1. knowledge was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 termed Theologus the Divine saith that the fury of Julian that great Apostata was repressed onely with the tears of the Christians which many of them did most plentifully powre forth to God when they had no other remedy against their Persecutor because Mark that they ay it is unlawful to resist they knew it unlawful for them to use any other means then sufferance or else they might having so much strength as they had have repelled their wrongs with violence Saint Ambrose saith as much and Prosper in like manner saith The present Ambros ep 33. evils should be suffered untill the promised happinesse doth come the Infidels should be permitted among the faithful and the plucking of the tares should be deferred and let the wicked rage against the godly as much as they will yet the case of the righteous is far better because that Quantò acriâ—s impeâ—untùr tantò gloriosiâ—s coronantur by how much the Prosper in sent 99. more sharply they are tormented by so much the more gloriously they shall be crowned And Saint Bernard saith If all the world should conspire against me and conjure me that I should plot any thing against the royal Majesty yet I would fear God and would not dare to offend the King that is appointed Bernard Ep. 170. of him over me because I am not ignorant of the place where I read Whosoever resisteth the Power resisteth the Ordinance of God And yet he speaketh this of King Lodovicus that offered a monstrous wrong to all the Clergy when he robbed them and took away all their goods without cause and which is worse would hear of no perswasions to make restitution or to give them any satisfaction as Gaguinus Gaguin lib 6 testifieth Thus the Fathers whereof I could heap many more do testifie of this The Schoolmen of the same judgement truth and the School-men tread in the same steps and differ not a nails breadth from them herein For Alexander Hales saith wicked and evill men ought to suffer for the fault of their irrationability and good men ought to suffer Propter debitum divinae ordination is for the duty that they owe to the divine ordinance and the benefit of their own purgation Whereupon Saint Ambrose saith Ambrosius in Rom. 13. If the Prince be good he doth not punish the well-doer but loveth him because he doth well but if the Prince be evill and punisheth the well-doer he hurteth him not but purgeth him and therefore he is not a terrour to him Alex. Hales p. 3. q. 48. memb 2. art 1. de offic subd erga Princ. that doth well but the wicked ought to fear because Princes are appointed that they should punish evill Aquinas saith The faith of Christ is the beginning and the cause of righteousnesse and therefore by the faith of Christ the order of Justice is not taken away but rather setled and strengthened because as our Saviour saith It became him to fulfill all righteousnesse But the order of justice doth require that all inferiours should obey their superiours otherwise the estate of humane affairs could no ways be preserved and therefore by the Tham. secunda secundae q. 104. art 6. faith of Christ the godly and the faithful Christians are neither exempted nor excused but that they are tyed and bound by the Law of Christ to obey their secular Princes Where you see the Christian faith doth not submit the superiour to the inferiour contrary to the rule of justice neither doth it any wayes for any cause permit the power of the sword to any subject to be used against his Prince because this inordinate power would turn to the ruine of man-kind and the destruction of all humane affairs which can no otherwise be preserved but through the preservation of the order of justice Indeed many times there may happen some just causes for which we are Wherein we may disobey and how not bound to obey the commands of our Magistrates as when they command any thing contrary to the commandements of God and yet then there can be no cause why we should withstand him that executeth the unjust sentence of our condemnation or requireth the punishment that an unjust malitious Magistrate under the colour of his power and authority hath most unjustly laid upon us because he hath as our Saviour saith unto Pilate this ordinary power from God which if he doth abusâ— he is to be refrained not by the preparation of arms and the insurrection of his subjects to make impressions upon their Soveraign but by those lawful means which are appointed for them that is Petitions unto him and prayers and tears unto God for him because nothing else remaineth to him that is guilty or condemned as guilty for any fault but to commit his cause to the knowledge of the omnipotent God and to expect the judgement of him which is the King of Kings and the Judge of all Judges and will undoubtedly chastize and correct the iniquity of any unjust sentence with the severity of eternal justice as Barclay saith Barcl l. 3. c. 10. These testimonies are clear enough and yet to all these I will adde this one memorable example which you may read in Berchetus and Joh. Servinus Berchetus in explicat controvers Galli cana cap. 7. which tells us that in France after the great Massacre at Paris when the reformed Religion did seem as it were forsaken and almost extinguished a certain King powerful in strength rich in wealth and terrible for his Ships and navall Force which was at enmity and hatred with the King of France dispatched a solemn Embassie and Message unto Henry King of Navarre and other Protestant Lords and commanded his Embassadors to do their best to set the Protestants against the Papists and to arm Henry the Prince of Navarre which then lived at Bearn under the Dominion of the most Christian King against his Soveraign the French King which thing the Embassadours endeavoured to do with all their art and skill but all An example of a faithful and excellent subject in vain for Henry being a good subject as it were another David to become a most excellent King would not prevent the day of his Lord yet the Embassadours offered him many ample fair and magnificent conditions among the rest abundance of money the summe of three hundred thousand Aureorum Scutatorum French Crowns which were ready to be told for the preparation of the warre and for the continuation of the same there should be paid every moneth so much as was necessary but Henry being a faithful Christian a good Prince a Widower and though he was displaced from the publique government of the Common wealth and
authority CHAP. VI. Sheweth that neither private men nor the subordinate Magistrates nor the greatest Peers of the Kingdom may take arms 2. Part of the objection answered No kind of men ought to rebell 1. Not private men Calv. Inst l. 4. c. 20. Sect. 31. Beza Confess â— 5. p. 171. J. Brutus q. 3. pag. 203. Dan. de Polit. Christ l. 6. c. 3. Bucan loc com 49. Sect. 76. The examples of obedience to kings and make Warre against their King Buchanan's mistake discovered and the Anti-Gavalier conâ—uted 2. AS it is not lawful for any cause so no more is it lawful for any one or for any degree calling or kind of men to rebell against their lawful Governours For 1. Touching private men we find that Calvin Beza Jun. Brutus Danaeus Bucanus and most others yield that meer private men ought not to rebell at any hand and no wonder for the Scriptures forbid it flatly as Exod. 22. 28. Revile not the Gods curse not the Ruler 1 Chron. 16. 22. Touch not mine annoynted Prov. 30. 31. Rise not up against the King that is to resist him Eccles 8. 3. Let no man say to the King Why doest thou so Eccles 10. 17. Curse not the King in thy thought And the examples of obedience in this kind are innumerable and most remarkable for David when he had Saul a wiâ—ked King guilty of all impiety and cruelty in his own hand yet would he not lay his hand upon the Lords annointed but was troubled in conscience when he did but cut the lap of his garment Elias could call for fire from Heaven to burn the two Captains and their men a hundred in number onely for desiring him to come down unto the King as you may see 2 Reg. 1. 10 12. and yet he would not resist Achab his King that sought his life and was an enemy to all religion but he rather fled than desired any revenge or perswaded any man to rebell against him Esaias was sawed in pieces by Manasses Jeremy was cast into the dungeon Daniel exposed to the Lyons the Three Children thrown into the fiery Furnace Amos thrust thorough the temples Zacharias slain in the porch of the Temple James killed with the sword Peter fastened to the Crosse with his head downward Bartholomew beaten to death with clubs Matthew beheaded Paul slain with the sword and all the glorious company of the Martyrs which have ennobled the Church with their innocent life and inlarged the same by their precious death never resisted any of their Persecutors never perswaded any man to rebell against them Why the holy Saints obeyed the unjust Tyrant never cursed the Tyrants never implored the aid of the inferiour Magistrates or superiour Nobility either by force to escape their hands or by violence to resist their power for they thought it more honour unto God and farre better to themselves that the just should unjustly suffer for righteousnesse sake than under the colour of justice undutifully to resist and unjustly to rebell against these unjust Persecutors And yet some men are not ashamed to averre that meer private men A strange Position and inferiour subjects if their King as a Tyrant should invade them like a robber or ravisher may defend themselves and oppose the Tyrant as well and as violently as they may resist a private thief or a high-way robber But how untruly they do avouch this thing will plainly appear if you consider how disjunctive these things are and how unjustly they are alledged for this purpose for a Chirurgion launceth a man and draweth his Confuted blood and so doth the thief or a robber but he deserveth a reward this a rope So the Prince sometimes doth in some sort the same thing and it The Tyrant hath a just power though he useth the same unjustly so hath not the thief or the robber may be after the like manner as a thief or a robber doth as often as with a strong hand he taketh the goods of his subjects and forceth the rebellious unto obedience But will you say that both of them do it by the same right I hope not for God gave the power and the sword unto the Prince and he as the Judge of our actions useth the same ad vindictam for the punishment of our offence but the thief or the robber usurpeth the sword and abuseth the same ad rapinam to our destruction and therefore whosoever saith that a subject hath the same reason to rise against his Prince that punisheth him as a traveller hath against a robber that stealeth from him may well be ashamed of such doctrine that carrieth so little shew of any truth But you will say the Prince that is a Tyrant punisheth for no fault without Object any just cause nay altogether unjustly and against all truth as Saul persecuted David and put to death the harmlesse Priests and David did the like to Vrias Achab to Naboth Joash to Zachary Manasses to Esay Pilate to Christ Nero to Peter and perhaps Theodosius to the Thessalonians may they not resist in such a case when they are thus punished and persecuted without cause I answer that under Saul David Achab Joash and Manasses there lived Sol. many faithful Priests and Prophets that were both upright for life and excellent for knowledge and in the days of Christ Zacheus Nicodemus How the Saints at all times suffered and never resisted their kings and Gamaliel were inferiour Magistrates and were also pious men and skilful in the understanding as well of Politique as of Divine affairs and we are sure that no age brought forth either more learned Bishops or holyer Saints than the Apostles and Disciples of â—â—rist that lived under Nero and those excellent Fathers that were in the time of Theodosius and yet never any of these not one of them all shewed us this resisting way to escape the force of tyranny but it hath been alwayes the doctrine of Christ and his Church that Kings and Princes offending the Lawes and transcending the bounds of their duties have onely God for their revenger and ought not to be resisted by any man or any kind of men though they should never so much abuse that power which they have received from God And therefore Christ himself and all his Saints not onely suffered their Christ and his Apostles perswade all men obediently to suffer greatest rage but also exhibited all honour and shewed all reverence unto their most cruel Persecutors and they perswaded all others both by their precepts and examples to do the like and that not onely for fear of wrath but also for conscience sake because the King is Gods Steward which Christ hath set over his whole family and if the Steward like the evil servant in the Gospel shall begin to despise his Master neglect his duty smite his fellows and dissolutely go on to eat and drink and be drunken yet not all the whole family not the Priests not
non successit aliâ aggrediâ—mur viâ Seeing we failed herein we will attempt another way And to that end they frame a Bill of Attainder against him and this if it passe by the major part of both Houses and have the Royal assent will bring him to his just deserved death And herein I will not say they shewed themselves worse than the Jews because that when their malice was at the highest pitch against Christ they said We have a Law and by our Law he ought to die and these haters of the Earl seeing they had no Law will have a Law to be made that shall bring him unto his death because the House might have reasons which my sense cannot conceive Yet some of his friends have said that after a former prosecution according to Law to make a new Law where there was none before to take away The rubs of â—e Bill how taken away a mans life is almost as bad as the Romancy-Law that I read of to hang him first and then judge him afterward to which I assent not and not many lesse than 60. worthy Members of the House of Commons would never yield to passe that Bill and it had a greater rub among the Lords where it is thought not upon any slight conjectures it had never passed but that this rub must be taken away by a new device for that the Faction judging some of them might be more timorous than malicious and remembring that primus in orbe deos fecit timor Fear is a powerful passion that produceth many strange effects the Apprentices and Porters Water-men and Car-men and all the rascal rout of the ragged Regiment were gathered together by some Chedorlaomer and came as they did against Christ with swords and staves without order with great impudency to awe them and to cry for Justice against him and this was done and done again and again until the business that they came for was done A course not prevented that may undo all Justice and bring us all to be undone And yet all this will not do this deed until the King passeth His assent for as yet the new Law of Orders and Ordinances without the King was The Kings great pains to search out the truth not hatched And the good King having so graciously so indefatigably taken such care and such pains in his own Person every day to hear and see all that could be laid unto his charge and how he had answered each particular was so just and of such tender and religious conscience that he was not satisfied as men conceived with the weight of those reasons that were produced to passe the same Therefore here I find another Stratagem used such as Hannibal could not invent to effect this hard task â— What To perswade mildness to become severe or to cause a just and most clement Prince so full of mercy so proue to pardon where there is a fault and so loth to punish but where he must by the Law of Justice the greatest fault to yield to put him to death that was in many things so excellent in his life The task was to procure his assent to passe this Bill and how shall this be done As the Man of God could not be perswaded by any man but by a Man of God a Prophet by a Prophet so now the Bishops that were good men men of conscience and set apart by God to resolve and satisfie weak and tender consciences are thought fit to be sent unto this good King to perswade him as men supposed that to prevent a greater mischief he might justly passe this Bill and either 6. or 4. of the prime Prelates are requested by the Lords to go unto the King to assay how far they can prevail with him herein And so they went and how they dealt with His Majesty I do not fully understand but am informed by some that went that they assured Him he ought to satisfie himself in point of Law by his Judges and of State by his Council And how they did any otherwise in any other thing rectifie his Conscience in point of Divinity which belonged unto themselves I cannot tell But though I think no man can justly lay the least tittle of blame upon the just King no not the Earl himself as himself professed for yielding to such and so earnest perswasions of I know not how many reverend Bishops wise Counsellours grave Judges and the flower of all his people to passe that Bill whatsoever it was Yet to say what I conceive with their favour of my Brethren the Bishops The Bishops right to vote in any cause in the prosecution of this cause I am perswaded that they had no reason to withdraw themselves from the House and to desert their own Right when the Bill or the Judgement was to passe against the Earl upon this slight pretence alledged against them by the baters of the Earl and no lovers of the Bishops That a Clergy-man ought not to have any Vote or to be present at the handling of the cause of blood or death for they might know full well when my Lords grace of York did most cleerly manifest this truth that the first inhibition of the Clergy to be present and assistant in causâ— sanguinis or judicio mortis in the Canon of Innocent the third as I remember for I am driven to fly without my Books was most unjust only to tie the Bishops to his blind obedience to the apparent prejudice of all Christian Princes by denying this their service unto them and it is no wayes obligatory to bind us that are by the Laws of our Land not only freed but also injoyned to abandon all the unjust Canons that are repugnant to our Laws and derogatory to our Kings and to renounce all the usurped authority of the Pope For I would fain know what Scripture or what reason Pope Innocent can alleadge to exclude them from doing that good service both to God and their King which in all reason they can or should be better able to do than most others And I am sure that neither in the old nor in the new Testament nor yet in the Primitive Church until these subtile Popes began thus to incroach upon the Rights of Princes to take away the Prerogatives of Kings and to domineer over the consciences of men this exclusion of them from the highest act of Justice was never found For did not Moses Joshua Samuel Eliah Elizâ—us Jeâ—oida and others of The Prophets and Apostles judged in the case of life and death the Priests and Prophets of the old Testament and S. Peter also the Prince of the Apostles in the new Testament judge in the case of blood and pronounced the sentence of death against Malefactors As when Ananias and Sapphira were suddenly brought unto their end by the judgement of the Apostle and if they be able and fit to judge of any thing then why not of this If you say because
do admire that the wisdom of the Kings Counsel but that they which as the Apostle saith are not ignorant of the devices of Satan are not permitted by these men to be of His Councel could not espy what mischief might lurk under this fair shade or what might be the Consequences of such a Parliament that is inconsistent with a Monarchy and therefore must in a convenient time be ended or else will make an end of all Monarchical Government Why then might not a year or two or three or more so the years were limited suffice to determine all businesses but that the life of this Parliament should be endless and the continuance thereof undetermined This is beyond the age of the Counsel of Trent that they say lasted above forty years for I presume if some of What the faction could be contented with Complaint p. 19. the contrivers of this Design might have their desires the youngest of us should hardly see the Dissolution of this Parliament Til the earthly Houses of our Tabernacles be dissolved for it is likely they could be well contented as one saith to make an Ordinance that both Houses should be a Corporation to take our Lands and Goods to themselves and their successours and when any of that Corporation dieth â—oties quoties the surviver and none else should choose a successour to perpetuity so they should be Masters of our Estates and disposers of all we have as they are now for ever And therefore this was a Plot beyond the Powder-plot and beyond the device of Semiramis that with a lovely face desired her husband she The plot of Semiramis might rule but three daies to see how well she could mannage the State and obtaining her request in the first thereof she removed all the Kings Officers in the second she placed her own minions in all the places of Power and Authority as now the faction would do such as they confide in in all places of strength and in the third day she cut off the Kings head and assumed the Government of all the Kings Dominions into her own hands for not three daies nor three years will serve their turn for fear they shall not have ability in so short a space to finish all their strange intended projects and therefore that they might not be hindered their request is unlimited that the Parliament should not be dissolved till both Houses gave consent which they were contented should 〈◊〉 Gracas Calendas Yet God that knew best what punishments were due to be inflicted for their former Actions and for all the subtle Devices of their hard heâ—rts gave way for this also that this third Impediment of their projects might be removed that so at last their sins like the sins of the Amorites by little and little growing unto the full might undergo the fulness of Gods vengeance which as yet I fear was not fully come to pass for till the Parliament was made perpetual the things that they have done since were absolutely unimaginable because that while it How the faction hath strengthened it self was a dissolvable body they durst not so palpably invade the known rights either of King or Subjects whereas now their Body being made indissoluble they need not have the same apprehension of either having strengthened themselves by a Bill against the one and by an Army against the other and therefore all the dissolutions of Parliaments from the beginning of them to this time have not done half that mischief as the continuance of this one hath done hitherto and God only knowes what is to succeed hereafter But seeing themselves have publickly acknowledged in their Declarations that they were too blame if they undertook any thing now which they would not undertake if it were in His Majesties power to dissolve them the next day and they have since used this means which was given them to disburthen the Common-Wealth of that debt which was thought insupportable to plunge it irrevocably into a far greater What many wise men do say debt to the ruine of the whole Kingdom to change the whole frame of our Government and subjecting us to so unlimited an arbitrary power that no man knows at the sitting of the House what he shall be worth at the rising or whether he shall have his liberty the next day or imprisonment Many wise men do say they see no Reason that this trust being forfeited and the faith reposed in them betrayed the King may not immediatly re-assume that power of dissolving them into his own hands again and both our unjustly abused King and our much injured people declare this Act to be voyd when as contrary to their own Faith and the trust of the King they abuse it to overthrow the Fundamental Laws of this Kingdom though I could heartily wish that because it still carrieth the Countenance of a Law the faction would be so Wise to yield it to be presently dissolved by a Law CHAP. IV. Sheweth the abilities of the Bishops the threefold practice of the Faction to exclude them out of the House of Peers and all the Clergy out of all Civil Judicature THere was one stop more that might hinder or at least hardly suffer The fourth impediment of their design their plots to succeed according to their hearts desire and that is the Bishops Votes in the Vpper House nay they cannot endure to call it so but in the House of the Lords for they rightly considered therein these two special things Which are two main things to stop and hinder many evils For 1. Their Number 2. Their Abilities 1. They had Twenty six Voyces which was a very considerable number and might stop a great gap and stay the stream or at least moderate the violence of any unjust prosecution 2. They were men of great Learning men of Profound knowledge both in Divine and Humane Affairs and men well educated à â—unabulis that spent all their time in Books and were Conversant with the dead that feared not to speak the truth and have wearied themselves in reading Histories comparing Laws and considering the Affairs of all Common-wealths The abilities of the Bishops and so were able if their modesty did not silence them to discourse de quolibet ente to untie every knot and to explain every riddle and being the immediate servants of the living God set apart as the Apostle speaketh to offer Sacrifice and to administer the Sacraments of God to prepare a people for the Kingdom of Heaven it ought not and it cannot be otherwise imagined by any child of the Church that is a true believer but that they are men of Conscience to speak the truth and to do justice in any cause and betwixt any parties more then most others especially those young Pardon me good Lords for so plainly speaking truth Lords and Gentlemen whose years do want experience and the course of their lives some in Hawking and Hunting and others in Dâ—cing and
fight our battails Out of which two places we finde two special parts of the King's government 1. Principatum bellorum the charge of the wars in respect whereof the Sigon l. 7. c. 1. Kings were called Captains as the Lord said unto Samuel concerning Saul Vnges eum ducem thou shalt anoint him to be Captain over my people 1 Sam. 9. 16. Israel 2. Curam judiciorum the care of all judgments in respect whereof David 1 Reg. 3. 9. Psal 72. 2. Arâ—isaeus de jure Majest l. 2. c. 1. p. 214. and Solomon and the other Kings are said to judge the people So Arnisaeus saith Majestatis potest as omnis consistit vel in defendenda repub vel in regenda all the power of royalty consisteth either in defending or in governing the Common-wealth according as Homer describeth a perfect King 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Homer Iliad â— And so you see the two principal parts of the King's government are the Offices 1. Ducis in bello gerendo 2. Judicis in jure reddendo 1. Part. In the time of War Ordo ille naturalis mortalium paci accommodatus hoc poscit ut suscipiendi belli autoritas atque consilium apud principes siâ— Aug. cont Faust l. 22. 〈◊〉 l. 2. c. 5. p. 345. Plato de legib lib. 2. 1. Of a Captain in the time of War 2. Of a Judge in the time of Peace 1. Then it is the proper right of the King and of none but the King or he that hath the regal and supreme power to make war and to conclude peace for Plato in his Common-wealth ordained that Si quis pacem vel bellum fecerit cum aliquibus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the Julian Law adjudgeth him guilty of High Treason Qui injussu principis bellum gesserit delectúmve habuerit exercitum vel comparaverit that either maketh War or raiseth an Army without his Kings command And to this part of the regall government which consisteth in the Militia Luc. 14. 31. 32. Aristot Polit. l. 7. c. â— Arâ—is l. 2. c. 1. in Armes for the defence of the Kingdome pertaineth 1. The proclaiming of War which our Saviour properly ascribeth unto the right of Kings when he saith not what State or Common-wealth but What King going to war with another King c. 2. The concluding of Peace which our Saviour ascribeth also unto the King in the same place 3. The making of leagues and confederacies with other forraigne States 4. The sending and receiving of Ambassadors 5. To raise Armes and the like which the Lawes of God and of all Nations justifie to be the proper right of Kings and to belong onely unto the supreame Majesty But then you will say did not the Judges Moses Joshua Gideon Jephta Judges 11. 11. Barac Samson and rest make war and yet they were no Kings Why then may not the Nobles make war as well as Kings I answer that they do indeed make war and a miserable wretched war but I speak of a just war and so I say that none but the King or he that hath the Kings power can do it for though the Judges assumed not the name of Kings nor Captains sed à potiore parte vocati sunt judices but from the sweetest part of the Royall government were termed Judges yet they had the full power ducendi judicandi populum both of war and peace saith Sigonius and so the men of Gilead said unto Jephthe veni esto princeps noster and they made him their head by an inviolable covenant And of Moses it was plainly said He was King in Jesurun and when Deut. 33. 5. there was no Judge it is said there was no King in Israel for I stand not about Judges 17. 6. 18. 1. 19. 1. words when some were called Kings for the honour of the People and yet had no more power then Subjects as the Kings of Sparta and others had not the name of Kings and yet had the full power of Kings as the Dictator and the Emperour and the great Duke of Muscovie and the like But when a war is undertaken by any Prince how shall we know which party is in the right for to make an unjust war cannot be said to be the right of any King yet as the Poet saith Quis justius induit arma Lucan lib. 1. Scire nefas summo se judice quisque tuetur Every one pretends his cause is just he fights for God for the truth of the Gospell the faith of Christ and the liberty and Lawes of his Countrey how then shall those poore men that hazard their lives and their fortunes yea and soules too if they war on the wrong side understand the truth of this great doubtfull and dangerous point I answer all the Divines that I read of speaking of war do concur with Dambaud in praxi criminal cap. 82. what Dambauderius writeth of this point that there must be foure properties of a just war 1. A just cause Foure properties of a just War 2. A right intention 3. Meet Members 4. The Kings authority Sine qua est laesa Majestas without which authority the Warriours are all Traytors And I would to God our Rebels would lay their hands upon their hearts and seriously examine these foure points in this present War 1. What cause have they to take Armes against their King and to kill and 1. A just cause murder so many thousands of their own Brethren they will answer that they do it for the defence of their Liberty Lawes and Religion but how truely let God himselfe be the Judge for His Majesty hath promised and protested they shall enjoy all these fully and freely without any manner of dimunution and we know that never any rebellion was raised but these very causes were still pretended And therefore 2 A right intention 2. Consider with what intent they do all this and I doubt not but you shall finde foul weeds under this fair cloak for under the shadow of liberty and property they took the liberty to rob all the King 's loyal Subjects that they could reach of all or most of their estates and to keep them fast in prison because they would not consent to their lawless liberty and to be Rebels with them against their conscience And under the pretence of Lawes they aimed not to have the old Lawes well kept which was never denyed them but to have such new ones made as might quite rob the King of all his rights and transfer the same unto themselves and their friends so he should be like the King of Sparta What Lawes and Religion the Rebels would fain have a Royal Slave and they should be like the Ephori ruling and commanding Subjects And for the religion you may know by their new Synod which are a Synod not of Saints but of Rebels what religion they would fain have not that which was