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 not only in causes that do properly appertain to civil society but also in such thâ—ngs as belong and have reference to Religion and Piety And when they do so the Bishops and Priests be they whom you will should observe their Commands That the Bishops Priests ought to submit themselves to the lawful commands diâ—ections of their Kings civil Governours and submitt themselves in all obedience 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 Exod. 32.22 And I would the Pope would 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 duties 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 things that are amisse and out of order in the Church of God Obj. the Jesuites and their followers tell us Spirituales dignitates praestantiores essâ— 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 1â— And though the light of the Church be the greater yet that proves nor but that the King should be the prime and chief Governor 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 Secular 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 pillar 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 Sol. 1. That Symbolical propositions examples parables comparisons and similitudes can prove nothing they may serve for some illustrations but for no infallible demonstrations of truth Isidorus in Glossa in Gen. ut citatur In the Scourge of Sacriledge 2. I say that Isidorus a popish Doctor preferreth the Government of the 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 Ecclesiasticae dignitates praeferantur Imperatâ—riis quia illis subjiciuntur You must note that when the Canon saith the Spiritual dignities are more excellent than the Secular Balsamon in Sexta Synodo Canone 7. you must not so understand it as to prefer the Ecclesiastical Rule or Dignities before the Imperial State because they are subject unto it and so to be ruled by it 4. And lastly I say that the Regal Government or Temporal State and civil Government of the Common-wealth is not meerly secular and worldly as if Kings and Princes and other civil Magistrates were to take no care of mens souls and future happiness which they are bound to do and not to say with Cain Nunquid ego custos fratris Am I obliged to look what shall become of their souls But they are called Secular States and civil Government because the greatest though not the chiefest part of their time and imployment is spent about Civil affairs and the outward happiness of the Kingdom even as the Ecclesiastical persons are bound to provide for the poor and to procure peace and compose differences among neighbours and the like civil offices though the most and chiefest part of their time and labour is to be spent in the Service of God and for the good of the souls of their people And so Johannes de Parisiis another man of the Roman Church Johannes de Parisiis Can. 18. doth very honestly say Falluntur qui supponunt quod potestas regalis sit Corporalis non Spiritualis quod habeat curam corporum non animarum quod est falsissimum They are deceived which suppose that the Regaâ— power is only corporal and not spiritual and that it hath but the care and charge over the bodies of his Subjects and not of their souls Which is most false Obj. 2. They say as I have said even now that similitudes and examples nihil
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 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 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 â—â—iefest Parts and Duties of Kings and Princes which they are to discharge for the maintenance of Gods Service and the True Religion and the necessity of Cathedral-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 befitting 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 the 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 fowly stained and profaned with Popish Superstitions and therefore being no better than the Temples of Baal they should rather be quite demolished than any wayes 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 built 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 Impropriations 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 root out all the Vnjust and Covetous suttle customs and frauds that are so generally used and are so derogatory to the service of God from amongst the people and especially from this Kingdom of Ireland where most corruption is used and most need of Instruction unto the people p. 114. Chap. XX. The Authour's supplication to Jesus Christ that he would arise and maintain his own cause which we his weak servants cannot do against so many rich powerful and many-friended adversaries of his Church p. 117. A DECLARATION Against SACRILEDGE CHAP. I. The Declaration of the Bishop of Ossory exhibited to the High Court of Justice before Jesus Christ the righteous Judge against the most horrible sin of Sacriledge and all sacrilegious persons that detain the Tythes rob the Church and take the Lands and Houses of God into their own possessions Together with his most humble Petition to the Eternall and Almighty God his most gratious Redeemer and his most loving Master Jesus Christ that he would arise and maintain his own cause and smite all his Enemies upon their cheek-bone and put them to perpetual shame and root out their memorial from off the earth Sheweth THAT by Your most glorious Martyr the strenuous defender of the true Christian Faith and his most gratious Master Charles the I. of ever blessed memory he was called and appointed to be the Bishop of Ossory and to inable him the better to discharge his
would collect the testimonies of our best Writers I will adde but one of a most excellent King our late King James of ever blessed memory for he saith The improbity or fault of the Governour ought not to subject the King to them over whom he is appointed Judge by God for if it be not lawful for a private man to prosecute the injury that is offered unto him against his private adversary when God hath committed the sword of vengeance onely to the Magistrate how much lesse lawful is it think you either for all the people or for some of them to usurp the sword whereof they have no right against the publique Magistrate to whom alone it is committed by God This hath been the Doctrine of all the Learned The obedient example of the Martyrs in the time of Queen Mary of all the Saints of God of all the Martyrs of Jesus Christ and therefore not onely they that suffered in the first Persecutions under Heathen Tyrants but also they that of late lived under Queen Mary and were compelled to undergoe most exquisite torments without number and beyond measure yet none of them either in his former life or when he was brought to his execution did either despise her cruell Majesty or yet curse this Tyrant-Queen that made such havock of the Church of Christ and causelesly spilt so much innocent blood but being true Saints they feared God and honoured her and in all obedience to her authority they yielded their estates and goods to be spoyled their liberties to be infringed and their bodies to be imprisoned abused and burned as oblations unto God rather then contrary to the command of their Master Christ they would give so much allowance unto their consciences as for the preservation of their lives to make any shew of resistance against their most bloody Persecutors whom they knew to have their authority from that bloody yet their lawful Queen And therefore I hope it is apparent unto all men that have their eyes open and will not with Balaam most wilfully deceive themselves Numb 24.15 Gen. 19.11 or with the Sodomites grope for the wall at noon-day that by the Law of God by the example of all Saints by the rule of honesty and by all other equitable considerations it is not lawfull for any man or any degree or sort of men Magistrates Peers Parliaments Popes The conclusion of the whole or whatsoever you please to call them to give so much liberty unto their misguided consciences and so farre to follow the desires of their unruly affections as for any cause or under any pretence to withstand Gods Vice-gerent and with violence to make warre against their lawful King or indeed in the least degree and lowest manner to offer any indignity either in thought word or deed either to Moses our King or to Aaron our High Priest that hath the care and charge of our souls or to any other of those subordinate callings that are lawfully sent by them to discharge those offices wherewith they are intrusted This is the truth of God and so acknowledged by all good men And what Preachers teach the contrary I dare boldly affirm it in the name of God that they are the incendiaries of Hell and deserve rather with Corah to be consumed with fire from Heaven then to be believed by any man on Earth CHAP. X. Sheweth the impudencie of the Anti-Cavalier How the Rebels deny they warre against the King An unanswerable Argument to presse obedience A further discussion whether for our Liberty Religion or Laws we may resist our Kings and a pathetical disswasion from Rebellion I Could insert here abundant more both of the Ancient and Modern Writers that do with invincible Arguments confirm this truth But the Anti Cavalier would perswade the world Anti-Cavalier p. 17 18 c. that all those learned Fathers and those constant Martyrs that spent their purest blood to preserve the purity of religion unto us did either belye their own strength * Yet Tertul. Cypr. whom I quoted before and R ssiâ— hist Eccles l. 2. c. 1. and S. August in Psal 124. and others avouch the Christians were far stronger then their enemies and the greatest part of Julians army were Christians or befool themselves with the undue desire of over-valued Martyrdome but now they are instructed by a better spirit they have clearer illuminations to inform them to resist if they have strength the best and most lawful authority that shall either oppose or not consent unto them thus they throw dirt in the Fathers face and dishonour that glorious company and noble army of Martyrs which our Church confesseth praiseth God and therefore no wonder that they will warre against Gods annointed here on Earth when they dare thus dishonour and abuse his Saints that raign in Heaven but I hope the world will believe that those holy Saints were as honest men and those worthy Martyrs that so willingly sacrificed their lives in defence of truth could as well testifie the truth and be as well informed of the truth as these seditious spirits that spend all their breath to raise arms against their Prince and to spill so much blood of the most faithful subjects But though the authority of the best Authours is of no authority with them that will believe none but themselves yet I would wish all other men to read that Homily of the Church of England where it is said that God did never long prosper rebellious subjects against their Prince were they never so great in authority or so many in number yea were they never so noble so many so stout so witty and politique but alwayes they came by the overthrow and to a shameful end Yea though they pretend the redresse of the Common-wealth which rebellion of all other mischiefs doth most destroy The Homily against rebellion p. 390. 301. or reformation of religion whereas rebellion is most against all true religion yet the speedy overthrow of all Rebels sheweth that God alloweth neither the dignity of any person nor the multitude of any people nor the weight of any cause as sufficient for the which the subjects may move rebellion against their Princes and I would to God that every subject would read over all the six parts of that Homily against wilful rebellion for there are many excellent passages in it which being diligently read and seriously weighed would work upon every honest heart never to rebell against their lawful Prince And therefore the Lawes of all Lands being so plain to pronounce them Traytors that take arms against their Kings as you may see in the Statutes of England 25 Edw. 3. c. 2. And as you know it was one of the greatest Articles for which the Earl of Strafford was beheaded that he had actually leavied warre against the King The Nobles and Gentry Lords and Commons of both Houses of Parliament in all Kingdomes being convicted in their consciences with the
the testimony and the practice of many godly Bishops and Fathers of the Church of Christ under the New Testament to justifie this truth For 1. Not onely Moses and Aaron that were both the Priests of the most high God and the chiefe Judges in all secular causes but also Joseph had his jurisdiction over the Aegyptians Daniel had his Lieutenancie over the Babylonians and Nehemias was a great Courtier among the Persians and yet these secular imployments were no hinderance to them in the divine worship and service of God So Ely and Samuel both were both Judges and Priests together and the most religious Princes David Solomon Jehosaephat and others used the Priests and Levites at their command in the civill government of their Dominions for when David caused all the Levites to be numbered from 30 years old and upward and that they were found to be 38 thousand he appointed 24 thousand of them to he over-seers of the works of the house of the Lord and he ordained the other six thousand to be Judges and Rulers in all Israel 1 Chron. 23.4 and so did Jehosaphat likewise * 2 Chron. 19.11 The place explained for though the last verse of the said chapter seems to put a difference betwixt the Civil matters and the Ecclesiastical affaires yet it is rightly answered by Saravia that this errour riseth from a misconceived opinion of their government as if it were the same with the government of some of our reformed Churches which was nothing less for if you compare this place with the 26. chap. Sigonius legit super opera quae ad regis officia pertinent l. 6. p. 315. 1 Sam. c. 8. of the 1. Chron vers the 29 30 and 32. you may easily finde that the Kings service or the affairs of the King doth not signifie the civil matters or the politique affairs of the Kingdom over which Amarias here and Hashabia and his brethren there 1 Chron. 26.30 were appointed the chief Rulers but it signifieth those things which pertained to the King 's right betwixt him and his subjects as those things that were described by Samuel and were retained and perhaps augmented either by the consent of the people or the incroachment of the succeeding Kings as the special rights of the Kings over which Zebadias the son of Ismael was appointed by Jehosaphat to be the Ruler and the business of the Lord is fully set down vers 10. to be not onely the Church affairs but all the affairs of the Kingdom between bloud and bloud Versu 10. between Law and Commandment Statutes and Judgements over which the Priests and Levites were appointed the ordinary Judges and the Interpreters of the Law as well Civil as Ecclesiastical for the Lord saith plainly Ezech 44 23. Vide locum Sigon ait circa judicium sanguinis ipsi insistent 2. In the Primitive Church Salmer tract 18. in parabol hominis divitis lo. 16. num 1. that every question and controversie shall be determined according to the censure of the Priests which certainly he would never have so prescribed nor these holy men have thus executed them if these two Functions had been so averse and contrary the one to the other that they could never be exercised together by the same man 2. In the Primitive times under the Gospel Salmeron saith that in the time of S. Augustine as himself teacheth Episcopi litibus Christianorum vacare solebant the Bishops had so much leisure that they were wont to judge of the quarrels of Christians yet they did not so spend their time in judging their contentions that they neglected their Preaching and Episcopal function and now that they do judge in civil causes consuetudine Ecclesiae introductum est ut peccata caverentur Bellar. de Rom. Pont. l. 5. c. 9. And Bellarmine saith Non pugnat cum verbo Dei ut unus homo sit Princeps Ecclesiasticus politicus simul it is not against the Word of God that the same man should be an Ecclesiastical and a Secular Prince together when as the same man may both govern his Episcopacy and his Principality And therefore we read of divers men Theod. l. 2. c. 30. that were both the Princes and the Bishops of the same Cities as the Archbishop of Collen Mentz Triers and other German Princes Henr. of Huntingson Hist Angl. that are both Ecclesiastical Pastours and great secular Princes And Hubert Archbishop of Canterbury was for a long while Viceroy of this Kingdom And so Leo. 9. Julius 2. Philip Archbishop of York Adelboldus Innocâ—nt 2. Collenutius and Blondus and many others famous and most worthy Bishops both of this Island and of other Kingdoms have undertaken and exercised both the Functions And Saint Paul recommendeth secular businesses and judgements unto the Pastours of the Church Aug. tom 3. de aâ—erib Menach c. 29. as S. Augustine testifieth at large where he saith I call the Lord Jesus a witness to my soul that for so much as concerneth my commodity I had rather work every day with my hands and to reserve the other houres free to read pray and exercise my self in Scriptures then to sustain the tumultuous perplexities of other mens causes in determining secular Controveâ—sies by judgement or taking them up by arbitrement to which troubles the Apostle hath appointed us not of his own will but of his that spake in him And as this excellent Father that wrote so many worthy volumes did notwithstanding imploy no small part of his time in these troublesome affairs so S. Ambrose twice undertook an honourable Embassie so Valentinian the Emperour unto the Tyrant Maximus Socrat. Eccl hist lib 7. And Marutha Bishop of Mesopotamia was sent by the Romane Emperour an Ambassadour to the King of Persia in which imployment he hath abundantly benefitted both the Church and the Emperour and we read of divers famous men that undertook divers Functions and yet neither confounded their offices nor neglected their duties for Spiridion was an husbandman and a Bishop of the Church a Pastour of sheep and a feeder of soules and yet none of the ancient Fathers that we read of either envyed his Farm or blamed his neglect in his Bishoprick but they admired his simplicity and commended his sanctity they were not of the spirit of our hypocritical Saints And Theodoret writeth Theodor. lib. 4. c. 13. that one James Bishop of Nisib was both a Bishop and a Captain of the same City which by the help of his God he manfully preserved against Sapor King of Persia And Ensebius Bishop of Samosis managing himself with all warlike habiliments ranged along throughout all Syria Phaenicia and Palaestina and as he passed erected Churches and ordained Priests and Deacons and peâ—formed such other Ecclesiastical pensions as pertained to his office in all places and I fear me the iniquity of our time will now call upon all Bishops that are able to do the like to preach unto
of our Parliaments but as a man that yeildeth himself to be bound by some others hath the use of his strength taken from him but none of his naturall strength it self is lessened and much lesse is any part of it transferred to them that bound him but that whensoever his bonds are loosened he can work again by vertue of his own naturall strength and not by any received strength from his loosers so the naturall right and interest of the Soveraignty being solely in the King and the Peeres and Commons by the Kings voluntary concession being onely interessed in the office of restraining his power for the more regular working of the true legitimate Soveraignty it cannot be denyed but in whatsoever the Peeres and Commons do remit the restraint by yeilding their consent to the point proposed the King worketh and acteth therein absolutely by the power of his own inherent Soveraignty and all acts and lawes so passing doe virtually proceed from the King How the same acts may be said to be the acts of the King and of the Parliament as from the true and proper efficient author thereof and may notwithstanding be said to be the acts of the whole Court because the three estates contribute their power of remitting the restraint and yeilding their assent as well as the King useth his unrestrained power And therefore Suarez saith that as condere legem unus est ex pracipuis actibus gubernationis reipublicae ita praecipuam superiorem requirit potestatem to make Lawes is one of the chiefest acts of the government of a Common-wealth Suarez l. 1. c 8 n. 8. so it requireth the cheifest and supremest power and authority quae quidem potestas legislativa primariò in Deo est which legislative power is primarily in God and is communicated unto Kings saith he per quandam participationem according to the saying of the wise man Heare O ye Kings because power is given unto you of the Lord. Sap. 6. And Saint Augustine calleth Jura humana jura imperatorum quia ipsa jura humana per imperatores Aug. in Joan tract 6. all humane lawes are the lawes of Emperors or Kings because they are made by them and the Holy Ghost speaking of the Kings of Judah saith The Scepter shall not depart from Judah nor a Lawgiver from between his feet to teach us Gen. 49.10 that whosoever swayeth the Scepter hath the right to be the Law-maker which is one of the prime prerogatives of Soveraignty 2. Jus nobilitandi the right of appointing the principall Officers of State 2. Ius nobilitandi to cry up any of all his Subjects whom the King will honour as Pharaoh did Joseph and Ahasuerus did Haman and Mordecai and to give them titles of honour per codicillos honorarios aut per diplomata sua as to make Dukes Marquesses Barons Knights c. doth belong onely unto the King that hath onely the supreme Majesty But if the Dukes Earles and Barons be so plyable to the Puritan faction It is the Doctrine of the Anabaptists and Puritans that there should be no Degrees of Schooles nor titles of honour among men to put down the spiritual Lords I doubt that e're long the King shall have but few Nobility when not onely the Mechanicks and Rusticks will all cry out against this Lordlinesse and say as they did in the rebellion of Jack Cade and Wat Tyler When Adam delv'd and Eve span Who was then the Gentleman And why should we now indure so many titles of vanity and so many vain honours to vapour it over us but the Puritan Clergy also seeing themselves deprived of their due honour and made all equall all as base as Jeroboams Priests will be apt enough to blow up this conceit and to put it into the Creed of all the vulgar that God made us all equall and to be Lords is but to be tyrants over their Brethren and the Presbytery whose pride could not obey the authority of their Bishops will not abide the superiority of any Lords but if they cannot Lord it themselves will be sure to take away the Lordship from all others And therefore if the Nobility be not wiser then to lay our honours in the dust as I see some about his Majesty that would faine be the Priests to bury it which meere policy though they wanted piety should prohibit they shall find that Virgil. Aeneid l. 1. Jam tua res agitur paries cùm proximus ardet When our Cottages are burnt their next Palaces shall not escape the fire but through our sides their Honours shall be killed and buried without honour 3. Jus legitimandi 3. Jus legitimandi the right of legitimation belongs unto the King without which legitimation the Lawyers tell us that as the world now standeth a mighty emolument would happen unto the Crown if the King granted not this grace to them that want it 4. Ius appellationes recipiendi Act. 25.11 4. Jus appellationes recipiendi the right of taking notice of causes and of judging the same by the last appeale definitively doth alwayes belong to the supreme Majesty because that as Saint Paul appealed unto Caesar so the last appeale is to the highest Soveraigne from whom there lyeth none appeale but onely to him that shall judge all the Judges of the earth 5. Honores restituendi 5. Jus restituendi in integrum the right to restore men attainted or banished or condemned to death unto their Country wealth and honour is likewise a part of the royall right Osorius de rebus Imman p. 6. So Osorius saith that Immanuel King of Portugall restored James son of Fernandus and his brother Dionysius and others unto their forfeited honours and so not onely the Scripture sheweth how David pardoned Absolon and Shimei 1 Reg. 2.26 two wicked Rebels and Solomon pardoned Abiathar that were all worthy of death Ventam crimiuosis indulgere but also Saint Augustine speaking of other Kings and Emperours saith judicibus statuendum est ne liceat in reum datam sententiam revocare the Judges may not pardon a man condemned to death numquid ipse Imperator sub hac lege erit but shall not the Emperour or King pardon him are they likewise under this Law of restraint by no meanes Nam ipsi soli licet revocare sententiam reum mortis absolvere ipsi ignoscere for he and he alone that is the Emperour or King may revoke the sentence and absolve him that is guilty of death And so our King according to this his undenyable right Our kings unparallel'd clemency and piety towards the Rebels hath most graciously and not seldome offered his pardon unto these intolerable Rebels a pardon not to be parallel'd in any History nor to be beleived unlesse we had seen it that a man could be so far inclined to clemency and mercy as to remit such transcendent impiety which will render