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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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of them have belebed forth against the Divine Truth of God's Word and the sacred Majesty of Kings Calvin in Amos cap. 7. Master Calvin a man otherwise of much worth and worthy to be honoured yet in this point transported with his own passion calleth those Blasphemers that did call King Henry the Eighth the Supreme Head of this Church of England Stap●● cont ●●dorn l 1. p. 22. and Stapleton saith that he handled the King himselfe with such villany and with so spitefull words as he never handled the Pope more spitefully and all for this Title of Supremacy in Church causes and in his 54. Epist to Myconius he termeth them prophane spirits and mad men that perswaded the Magistrates of Geneva not to deprive themselves of that authority which God had given them Viretus is more virulent for he resembleth them not to mad men as Calvin did but to white devils because they stand in defence of the Kings authority and he saith they are false Christians though they cover themselves with the cloak of the Gospell How Viretus would prove the temporall Pope as he calleth the King vvorse then the spirituall Pope affirming that the putting of all authority and power into the Civill Magistrates hands and making them Masters of the Church is nothing else but the changing of the Popedome from the Spirituall Pope into a Temporall Pope who as it is to be feared will prove worse and more tyrannous than the Spirituall Pope which he laboureth to confirme by these three reasons Reason 1 1. Because the Spiritual Pope had not the Sword in his own hand to punish men with death but was fain to crave the aid of the Secular power which the Temporal Pope needs not do 2. Because the old Spirituall Popes had some regard in their Reason 2 dealings of Councels Synods and ancient Canons but the new Secular Popes will do what they list without respect of any Ecclesiasticall Order be it right or wrong 3. Because the Romish Popes were most commonly very Reason 3 learned but it happeneth oftentimes that the Regall Popes have neither learning nor knowledge in divine matters and yet these shall be they that shall command Ministers and Preachers what they list and to make this assertion good he affirmeth that he saw in some places some Christian Princes under the title of Reformation to have in 10 or 20 yeares usurped more tyrannie over the Churches in their Dominions then ever the Pope and his adherents did in 600 yeares All which reasons are but meere fopperies Viretus his scandalous reasons answered blowne up by the blacke Devill to blast the beauty of this truth for we speake not of the abuse of any Prince to justifie the same against any one but of his right that cannot be the cause of any wrong and it cannot be denyed but an illiterate Prince may prove a singular advancer of all learning as Bishop Wickham was no great Scholler yet was he a most excellent instrument to produce abundance of famous Clerks in this Church and the King ruleth his Church by those Lawes which through his royall authority are made with the advice of his greatest Divines as hereafter I shall shew unto you yet these spurious and specious pretexts may serve like clouds to hide the light from the eyes of the simple So Cartwright also T. C. l. 2. p. 411 that was our English firebrand and his Disciples teach as Harding had done before that Kings and Princes doe hold their Kingdomes and Dominions under Christ as he is the Sonne of God onely before all worlds coequall with the father and not as he is Mediator and Governour of the Church and therefore the Christian Kings have no more to doe with the Church government then the Heathen Princes so Travers saith that the Heathen Princes being converted to the faith receive no more nor any further increase of their power whereby they may deale in Church causes then they had before so the whole packe of the Disciplinarians are all of the same minde and do hold that all Kings aswell Heathen as Christian receiving but one Commission and equall authority immediately from God have no more to doe with Church causes the one sort then the other And I am ashamed to set downe the rayling and the scurrilous speeches of Anthony Gilby against Hen. 8. Gilby in his admonition p. 69. Knox in his exh●ta i●n to the Nobility of Scotland fol. 77. and of Knox Whittingham and others against the truth of the Kings lawfull right and authority in all Ecclesiasticall causes For were it so as Cartwright Travers and the rest of that crew doe avouch that Kings by being Christians receive no more authority over Christ his Church then they had before * Which is most false yet this will appeare most evident to all understanding men that all Kings aswell the Heathens as the Christians are in the first place to see that their people do religiously observe the worship of that God which they adore and therefore much more should Christian Princes have a care to preserve the religion of Jesus Christ The Gentile Kings preservers of religion For it cannot be denyed but that all Kings ought to preserve their Kingdomes and all Kingdomes are preserved by the same meanes by which they were first established and they are established by obedience and good manners neither shall you finde any thing that can beget obedience and good manners but Lawes and Religion and Religion doth naturally beget obedience unto the Lawes therefore most of those Kings that gave Lawes were originally Priests Synes ep 126. Vide Amis part 2. pag. 14. Ad magnas r●spubl utilitates retinetur religio in civitatibus Cicero de divin l. 2. and as Synesius saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Priest and a Prince was all one with them when the Kings to preserve their Lawes inviolable and to keepe their people in obedience that they might be happy became Priests and exercised the duties of Religion offering sacrifices unto their gods and discharging the other offices of the Priestly function as our factious Priests could willingly take upon them the offices of the King or if some of them were not Priests as all were not Law-makers yet all of them preserved Religion as the onely preservation of their Lawes and the happinesse of their Kingdomes which they saw could not continue without Religion But 2. In the Parliament 2. The wisedome of our grave Prelates and the learning of our religious Clergie having stopped the course of this violent streame and hindered the translation of this right of Kings unto their new-borne Presbyterie and late erected Synods There sprang up another generation out of the dregs of the former that because they would be sure to be bad enough out of their envy unto Kings and malice unto the Church that the one doth not advance their unworthinesse and the other doth not beare with their
and faithfully discharged brings most glory unto God and the greatest honour to all Kings when it is more to be with Constantine a nursing father to Gods Church then it is to be with Alexander the sole Monarch of the known world I will first treat of their charge and care and the power that God hath given them to defend the faith and to preserve true religion And 1. 1. Care of Kings to preserve true Religion Aug. de utilitate credendi cap. 9. Religion faith a learned Divine without authority is no Religion for as Saint Augustine saith no true Religion can be received by any meanes without some weighty force of authority therefore if that Religion whereby thou hopest to be saved hath no authority to ground it selfe upon or if that authority whereby thy Religion is setled be mis-placed in him that hath no authority at all what hope of salvation remaining in that Religion canst thou conceive but it is concluded on all sides that the right authority of preserving true religion must reside in him and proceed from him by whose supreme power and government it is to be enacted and forced upon us To whom the charge of preserving religion is commited and therefore now the question is and it is very much questioned to whom the supreame government of our Religion ought rightly to be attributed 3 Opinions whereof I finde three severall resolutions 1. Papisticall which leaneth too much on the right hand 2. Anabaptisticall which bendeth twice as much on the left hand 3. Orthodoxall of the Protestants that ascribe the same to him on whom God himselfe hath conferred it Opinion 1 1. That the Church of Rome maketh the Pope solely to have the supreme government of our Christian Religion is most apparent out of all their writings Vnde saepè objiciunt dictum ●l●su ad Constantium Tibì Deus impertum commisit nobis qu● sunt ecclesiastica concredidit Sed h●c intelligitur de executione officij non de gubernatione ecclesiae Sicut ibi manifestum est cum dicitur ne que fai est nobis in terris imperium tenere neque tibi thymiamatum so●rorum potestatem habere i e. in pradicatione Evangelij administratione Sacramentorum similibus and you may see what a large book our Countrey-man Stapleton wrote against Master Horne Bishop of Winchester to justifie the same And Sanders to disprove the right of Kings saith Fatemur personas Episcoporum qui in toto orbe fuerunt Romano Imperatori subjectas fuisse quoniam Rex praeest hominibus Christianis verùm non quia sunt Chrstiani sed quia sunt homines episcopis etiam ea ex parte rex praeesset So Master Harding saith that the office of a King in it selfe is all one every where not onely among the Christian Princes but also among the Heathen so that a Christian King hath no more to doe in deciding Church matters or medling with any point of Religion then a Heathen And so Fekenham and all the brood of Jesuites doe with all violence and virulencie labour to disprove the Princes authority and supremacy in Ecclesiasticall causes and the points of our Religion and to transferre the same wholly unto the Pope and his Cardinals Neither doe I wonder so much that the Pope having so universally gained and so long continued this power and retained this government from the right owners should imploy all his Hierarchie to maintaine that usurped authority which he held with so much advantage to his Episcopall See though with no small prejudice to the Church of Christ when the Emperours being busied with other affaires leaving this care of religion and government of the Church to the Pope the Pope to the Bishops the Bishops to their Suffragans and the Suffragans to the Monkes whose authority being little their knowledge lesse and their honesty least of all all things were ruled with greater corruption lesse truth then they ought to be so long as possibly he should be able to possesse it But at last when the light of the Gospell shined and Christian Princes had the leisure to looke and the heart to take hold upon their right the learned men opposing themselves against the Popes usurped jurisdiction have soundly proved the Soveraigne authority of Christian Kings in the government of the Church that not onely in other Kingdomes but also here in England this power was annexed by divers Lawes unto the interest of the Crowne and the lawfull right of the King and I am perswaded saith that Reverend Archbishop Bancroft had it not beene that new adversaries did arise Survey of Discip c. 22. p. 2●1 and opposed themselves in this matter the Papists before this time had been utterly subdued for the Devill seeing himselfe so like to lose the field How the Devill raised instruments to hinder the reformation stirred up in the bosome of Reformation a flocke of violent and seditious men that pretending a great deale of hate to Popery have notwithstanding joyned themselves like Sampsons Foxes with the worst of Papists in the worst and most pernicious Doctrines that ever Papist taught to rob Kings of their sacred and divine right and to deprive the Church of Christ of the truth of all those points that doe most specially concerne her government and governours and though in the fury of their wilde ●eale they do no lesse maliciously then falsly cast upon the soundest Protestants the aspersion of Popery and Malignancie yet I hope to make it plaine unto my reader that themselves are the Papists indeed or worse then Papists both to the Church and State For 2. As the whole Colledge of Cardinals Of the Anabaptists and Puritans and all the Schooles Opinion 2 of the Jesuites doe most stiffely defend this usurped authority of the Pope which as I said may be with the lesse admiration because of the Princes concession and their owne long possession of it so on the other side there are sprung up of late a certaine generation of Vipers the brood of Anabaptists and Brownists that doe most violently strive not to detaine what they have unjustly obtained but a degree farre worse to pull the sword out of their Prince his hand and to place authority on them which have neither right to owne it Where the P●ritans place the authority to maintaine religion 1. In the Presbyterie nor discretion to use it and that is either 1. A Consistory of Presbyters or 2. A Parliament of Lay men For 1. These new Adversaries of this Truth that would most impudently take away from Christian Princes the supreme and immediate authority under Christ in all Ecclesiasticall Callings and Causes will needs place the same in themselves and a Consistorian company of their own Faction a whole Volume would not contain their absurdities falsities and blasphemies that they have uttered about this point I will onely give you a taste of what some of the chiefe
in all other actions the end is the marke that is aymed at The end of every Law is chiefly to be respected and this end is no other then the publique good of any society for which the Law is made if the King which is the sole Law-maker so as I shewed in my Discovery of Mysteries seeth this publique good better procured by granting dispensations to some particular men doth he not performe thereby what the Law intendeth and no wayes breake the Law of common right as if a mans absence from his proper Cure should be more beneficiall to the whole Church then his residence upon his Charge could possibly be Reasons of dispensations as when his absence may be either for the recovery of his health or to discharge the Kings Embassage or to doe his best to confute Heretiques or to pacifie Schismes or to consult about the Church affaires or some other urgent cause that the Law never dreamt of when it was in making shall not the King whom the Lawes have intrusted with the examination of these things and to whom the principall care of religion and the charge of all the people is committed by God himselfe and the power of executing his owne Lawes have power to grant his dispensations for the same Certainly they that would perswade the world that all Lawes must have such force that all dispensations are transgressions of them as if generall rules should have no exceptions would manacle the Kings hands and binde his power in the chaines of their crooked wils that he should not be able to doe that good which God and right and Law it selfe do give him leave and their envy towards other mens grace How God doth diversly bestow his gifts is a great deale more then either the grace of humility or the love of truth in them for doth not God give five talents to some of his servants when he gives but one to some others Matth. 25.15 and did not Joseph make Benjamins messe five times so much as any of his brethrens and have not some Lords 6 or 8 Gen. 43.34 or 10 thousand pounds a yeare and some very good men in the Common-wealth and perhaps higher in Gods favour not ten pounds a yeare and shall not the King double the reward of them that deserve it in the Church of God or shall he be so curbed and manacled that he shall neither alter nor dispense with his owne Law though it be for the greater glory unto God and the greater benefit both to the Church and Common-wealth Besides who can deny but that some mens merits vertue paines and learning are more worthy of two Benefices then many others are of one and when in his younger time he is possessed of a small Benefice he may perchance afterwards when his yeares deserve better farre easier obtaine another little one to keepe with it then get what I dare assure you he would desire much rather * For who would not rather chuse one Living of a 100l a yeare then two of 50l a piece one Living of equall value to them both and shall the unlearned zeale of an envious minde so farre prejudice a worthy man that the Kings lawfull right shall be censured and his power questioned and clipped or traduced by this ignorant Zelot I will blesse my selfe from them and maintaine it before all the world that the Kings dispensations for Pluralities Non-residency and the like Priviledges not repugnant to common right are not against Law nor the giving or taking of them upon just causes against conscience but what the violence of this viperous brood proclaimeth an intolerable offence we dare warrant both with good reason and true Divinity to be no sinne no fault at all but an undoubted portion of the Kings right for the greater benefit both of the Church and State and the greater glory unto God himselfe And therefore most gracious King we humbly desire your Majestie The Authors Petition to His Majestie suffer not these children of Apollyon to pull this flower out of your royall Crowne to abridge you of your just right of granting dispensations for Pluralities and Non-residency which the Lawes of your Land doe yet allow you and which they labour to annull to darken the glory of Gods Church and to bring your Clergy by depriving them of their meanes and honour into contempt lest that when by one and one they have robbed you of all your rights they will fairely salute you as the Jewes did Christ Haile King of the Jewes when God knowes they hated him and stript him of all power I speake not of his Divinity either to governe them or to save himselfe 3. As the King hath right and power to grant his dispensations both of grace and of justice of grace when it is meerely of the Kings Princely favour as in legitimations and the like and of justice when the King findeth a just cause to grant it so likewise it is in the Kings power and right to remit any offence that is the m●lct or penalty and to absolve the offender from any or all the transgressions of his owne Lawes from the transgression of Gods Law neither King nor Pope nor Priest nor any other can formally remit the fault and absolve transgressors but as God is the Law-giver so God alone must be the forgiver of the offence Mar. 2.7 so the Jewes say who can forgive sins but God onely Yet as God which gives the Law can lawfully remit the sinne and forgive the breach of the Law so the King which makes these positive Lawes cannot be denyed this power As David pardoned Absolon and Solomon Abtathar to pardon when he seeth cause or is so pleased the offenders of his Lawes as you see they do many times grant their pardons for the most haynous faults and capitall crimes as treasons Christ biddeth that the tares should grow Matth. 13.30 And the Apostle saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 there must be heresies therefore there must be a toleration of divers Sects 1 Cor. 11.19 murders felonies and the like And if they may grant their pardons for the breach of the Law and remit the mulct imposed for the transgression thereof it is strange if they should not have right to dispense with whom they please when they see cause from the bond of the Law and therefore we are to discusse how farre the King in these Lawes of the Church may give exemptions and tolerations unto them whose consciences cannot submit themselves to the observation of the established Lawes for seeing all men are not of the same faith nor doe professe the same religion and it is the nature of all men to dislike that which themselves will not professe and if opportunity serve to root out that which they dislike it is requisite it should be shewed how farre a prudent and a pious Prince may grant a toleration the Law in terminis not forbidding it unto
deleret peccata mundi not to take away the rights of the Nations but to satisfie for the sinnes of the world the best Christian Emperours discharged the same duty The care of the good Emperours to preserve the true religion reformed the Church abolished Idolatry punished Heresie and maintained Piety especially Constantine and Theodosius that were most pious Princes and of much vertues and became as the Prophet foretold us Esay 49.23 nursing fathers unto Gods Church for though they are most religious and best in their religion that are religious for conscience sake yet there is a feare from the hand of the Magistrate that is able to restraine those men from many outward evils whom neither conscience nor religion could make honest therefore God committed the principall care of his Church to the Prince and principall Magistrate Who defended th●s truth And this is confirmed and throughly maintained by sundry notable men as Brentius against Asoto Bishop Horne against Fekenham Jewell against Harding and many other learned men that have written against such other Papists and Puritans Anabaptists and Brownists The Papists unawares confesse this truth that have taken upon them to impugne it yea many of the Papists themselves at unawares doe confesse as much for Osorius saith Omne regis officium in religionis sanctissimae rationem conferendum Osortus de relig p. 21. munus ejus est beare rempubl religione pietate all the office of a King is to be conferred or imployed for the regard and benefit of the most holy religion and his whole duty is to blesse or make happy the Common-wealth with religion and piety Quod enim est aliud reipublicae principi munus assignatum quàm ut rempubl florentem atque beatam faciat quod quidem nullo modo sine egregiâ pietatis religionis sanctitate perficitur For though we confesse with Ignatius that no man is equall to the Bishop in causes Ecclesiasticall no not the King himselfe that is in such things as belong to his office as Whitaker saith Whitak resp Camp p. 302. because he onely ought to see to holy things that is the instruction of the people the administration of the Sacraments the use of the keyes of the Kingdome of Heaven and the like matters of great weight and exceeding the Kings authority The Kings authority over Bishops yet Kings are above Bishops in wealth honour power government and majestie and though they may not doe any of the Episcopall duties yet they may and ought lawfully to admonish them of their duties and restraine them from evill 1. Chron. 28.13 2. Chron. 29. 1. Reg. 2.26 and command them diligently to execute their office and if they neglect the same they ought to reprove and punish them as we reade the good Kings of the Jewish Church and the godly Emperours * As Martian apud Binium l. 2. p. 178. Iustinian novil 10. tit 6. Theodos jun. Evagr. l. 1. c. 12. Basil in Concil Constant 8. act 1. Binius tom 3. p. 880. of the Christian Church have ever done and the Bishops themselves in sundry Councels have acknowledged the same power and authority to be due and of right belonging unto them as at Mentz anno 814. and anno 847. apud Binium tom 3. p. 462. 631. At Emerita in Portugall anno 705. Bin. tom 2. p. 1183. and therefore it is an ill consequent to say Princes have no authority to preach Ergo they have no authority to punish those that will not preach or that doe preach false Doctrine This truth is likewise apparent not onely by the testimony of Scripture and Fathers but also by the evidence of plaine reason because the prosperity of that Land which any King doth governe Reason confirmeth that Kings should take care of religion without a principall care of religion decayeth and degenerateth into Warres Dearthes Plagues and Pestilence and abundance of other miseries that are the lamentable effects and consequences of the neglect of religion and contempt of the Ministers of Gods Church which I beleeve is no small cause of these great troubles that we now suffer because our God Psal 35.27 that taketh pleasure in the prosperity of his servants cannot endure that either his service should be neglected or his servants abused CHAP. VII Sheweth the three things necessary for all Kings that would preserve true Religion how the King may attaine to the knowledge of things that pertaine to Religion by his Bishops and Chaplaines and the calling of Synods the unlawfulnesse of the new Synod the Kings power and authority to governe the Church and how both the old and new Disciplinarians and Sectaries rob the King of this power THerefore seeing this should be the greatest care that brings the greatest honour to a Christian Prince to promote the true religion it is requisite that we should consider those things that are most necessary to a Christian King for the religious performance of this duty And they are Three things necessary for a King to preserve the Church and true Religion 1. A will to performe it 2. An understanding to goe about it 3. A power to effect it And these three must be inseparable in the Prince that maintaineth true religion For 1. Our knowledge and our power without a willing minde doth want motion 2. Our will and power without knowledge shall never be able to move right And 3. Our will and knowledge without ability can never prevaile to produce any effect Therefore Kings and Princes ought to labour to be furnished with these three speciall graces The first is a good will to preserve the purity of Gods service 1. A willing minde to do it not onely in his House but also throughout all his Kingdome and this as all other graces are must be acquired by our faithfull prayers and that in a more speciall manner for Kings and Princes then for any other and it is wrought in them by outward instruction and the often predication of Gods Word and the inward inspiration of Gods Spirit The second is knowledge 2. Understanding to kn●w what is to be reformed and what to be retained which is not much lesse necessary then the former because not to runne right is no better then not to runne at all and men were as good to doe nothing as to doe amisse and therefore true knowledge is most requisite for that King that will maintaine true religion and this should be not onely in generall and by others but as much as possible he can in particulars and of himselfe that himselfe might be assured what were fit to be reformed and what warranted to be maintained in Gods service for so Moses commandeth the chiefe Princes to be exercised in Gods Law day and night because this would be a speciall meanes to beatifie or make happy both the Church and Common-wealth The Kings neglect of religion and the Church is the
the King how presumptuous then and injurious unto our King and prejudiciall to the Church of Christ was the faction of this Parliament without the Kings leave and contrary to his command to undertake the nomination of such a packe of Schismaticall Divines for such a Synod as might finally determine such points of faith and discipline as themselves best liked of let all the Christian world that as yet never saw the like president be the Judge and tell us what shall be the religion of that Church where the Devill shall have the power to prompt worldlings to nominate his prime Chaplaines Socinians Brownists Anabaptists and the refuse of all the refractary Clergy The quality of the Synod call men that seeme learned in nothing but in the contradiction of learning and justifying Rebellion against their King and the Church to compose the Articles of our faith and to frame a new government of our Church I am even ashamed that so glorious a Kingdome should ever breed so base a Faction that durst ever presume to be so audacious and I am sorry that I should be so unhappy to live to see such an unparallel'd boldnesse in any Clergy that the like cannot be found in any Ecclesiasticall Historie from the first birth of Christ's Church to this very day unlesse our Sectaries can produce it from some of the Vtopian Kingdomes that are so farre Southward In terra Incognita beyond the Torrid Zone that we whose zeale is not so fiery but are of the colder spirits could not yet perfectly learne the true method of their Anarchicall government or if our Lawyers can shew us the like president that ever Parliament called a Synod contrary to the Kings Proclamation I shall rest beholding to them produce it if they can credat Judaeus apella non ego The third thing requisite to a King for the preservation of true religion and the government of Gods Church 3 An authority and power to guide the Church and to uphold the true religion is power and authority to defend it for though the Prince should be never so religious never so desirous to defend the faith and never so well able in his understanding so well furnished with knowledge to set downe what Service and Ceremonies should be used yet if he hath not power and ability which doe arise from his right and just authority to doe it and to put the same in execution all the rest are but fruitlesse embryoes like those potentials that are never reduced into actions Psal 129.6 or like the grasse upon the house top that withereth before it be plucked up But to let you see that Kings and Princes should have this power and authority in all Ecclesiasticall causes and over all Ecclesiasticall persons we finde that all Ages and all Lawes have warranted them to doe the same 1. Reg. 2.27 35. Jerem. 26. for Solomon displaced Abiathar and placed Zadoc in his roome Jeremy's case was heard by the King of Israel Theodosius and Valentinian made a Decree that all those should be deposed which were infected with the impiety of Nestorius How all Kings and Emperours exercised this power over the Church and Justinian deposed Sylverius and Vigilius and many other Kings and Emperours did the like and not onely the Law of God whereof the King is the prime keeper and the keeper of both Tables but also the Statutes of our Land doe give unto our King the nomination of Bishops and some other elective dignities in the Church the custody of the Bishops Temporalties during the vacation the Patronage Paramount or right to present by the last lapse and many other furtherances and preservatives of religion are in terminis terminantibus deputed by our Lawes unto the King and for his care and charge thereof they have setled upon him our first fruits Tenths Subsidies and all other contributions of the Ecclesiasticall persons which the Pope received while he usurped the government of this Church these things being due to him that had the supreme power for the government And therefore seeing the examples of all good Kings in the Old Testament and of the Christian Kings and Emperours in the New Testament and all Lawes both of God and man excepting those Lawes of the Pontificials that are made against the Law of God and all Divines excepting the Iesuites and their sworne Brethren the Presbyterians do most justly ascribe this right and power unto Kings Cass●● de ●●ca●● l. 1. ● ● I may truly say with Cassianus that there is no place of audience left for them by whom obedience is not yeilded to that which all have agreed upon nor any excuse for those Subjects that assist not their Soveraigne to inable him to discharge this great charge that is laid upon him What then shall we say to them that pull this power and teare this prerogative out of the Kings hand and place it in the hands of mad men P●l 65.7 How th● Disciplir 〈◊〉 the King of this right as the Prophet epithets the madnesse of the people for that furious Knox belcheth forth this unsavory Doctrine That the Commonalty may lawfully require of their King to have true Preachers and if he be negligent they themselves may justly provide them Knox to the Commonalty fol. 49 50 5● maintaine them defend them against all that oppose them and detaine the profits of the Church Livings from the other sort of Ministers a point fully practised by the English Scotizers of these dayes and as if this Doctrine were not seditious enough and abundantly sufficient to move Rebellion Goodman publisheth that horrible tenet unto the world that it is lawfull to kill wicked Kings which most dangerous and more damnable Doctrine Deane Whittingham affirmeth to be the tenet of the best and most learned of them that were our Disciplinarians What true religion teacheth us But when as true religion doth command us to obey our Kings whatsoever their religion is aut agendo aut patiendo either in suffering with patience whatsoever they doe impose or in doing with obedience whatsoever they doe command Religion can be no warrant for those actions which must remaine as the everlasting blemishes of that religion which either commanded or approved of their doing I am sure all wise men will detest these Doctrines of Devils and seeing it is an infallible rule that good deserveth then to be accounted evill when it ceaseth to be well done it is apparent that it is no more lawfull for private and inferiour persons to usurpe the Princes power and violently to remove Idolatry or to cause any reformation then it is for the Church of Rome by invasion or treason to establish the Doctrine of that See in this or any other forraigne Kingdome because both are performed by the like usurped authority Yet these were the opinions and practises of former times The old Disciplinarians when Buchanan Knox Cartwright Goodman Gilby Penry Fenner
habet They were furiously bent against them and you know furor arma ministrat dum regnant arma silent leges all Lawes must sleepe while Armes prevaile Besides you may finde those Canons as if they had beene prophetically made fore-saw the increasing strength of Anabaptisme Brownisme Puritanisme most likely to subvert true Protestanisme and therefore were as equally directed against these Sectaries of the left hand as against the Papists on the right hand and I thinke the whole Kingdome now findes and feeles the strength of that virulent Faction and therefore what wonder that they should seeke to breake all those Canons to pieces and batter them downe with their mighty Ordinances for seeking to subdue their invincible errours or else because as they say the Ecclesiasticall State is not an independent society but a member of the whole the Parliament was not so to be excluded as that their advice and approbation should not be required to make them obligatory to the rest of the Subjects of the whole Kingdome which claime this priviledge to be tyed to the observation of no humane Lawes that themselves by their representatives have not consented unto 2. To grant dispensations of his owne Lawes 2. As the King is intrusted by God to make Lawes for the government of the Church of Christ so it is a rule without question that ejus est dispensare absolvere cujus est condere he hath the like power to dispense with whom he pleaseth and to absolve him that transgresseth as he hath to oblige them therefore our Church being for reformation the most famous throughout all the parts of the Christian world and our King having so just an authority to doe the same it is a most impudent scandall full of all malice and ignorance not to be endured by any well-affected Christian that the new brood of the old Anabaptists doe lay upon our Church and State that they did very unreasonably and unconscionably by their Lawes grant Dispensations both for Pluralities and Non-residency The scandall of the malicious ignorants against the worthier Clergy onely to further the corrupt desires of some few to the infinite wrong of the whole Clergy besides the hazard of many thousands of soules the intolerable dishonour of Gods truth and the exceeding disadvantage of Christ his Church for seeing God hath principally committed and primarily commanded the care of his Church and Service unto Kings who are therefore to make Lawes and Orders for the well governing of the same I shall make it most evident that they may as they have ever done most lawfully and more beneficially both for Gods Church and also for the Common-wealth doe these three things 1. Three speciall points handled To grant that grace and favour unto their Bishops and other Ecclesiasticall persons as to admit them of their counsell and to undertake secular authority and civill jurisdiction 2. To allow dispensations of Pluralities and Non-residency which they may most justly and most wisely do without any transgression of the Law of God 3. To give tolerations where they see cause of many things prohibited by their Law to dispense with the transgressions and to remit the fault of the transgressors For 1. Though the world relapsed from the true light 1. Point and declined from the syncere religion to most detestable superstition yet there remained in the people certaine impressions of the divine truth that there was a God The great respect of the Clergy in former ages and that this God was religiously to be worshipped and those men that taught the worship of that God how fowly soever they did mistake it Sarawa l. 2. c. 2. p. 103. were had in singular account and supereminent authority among all Nations and as Saravia saith 1. Among the Gentiles they were compeeres with Kings in their government so that nothing was done without their counsell and consent and as Theseus was the first that Cives Atticos è pagis in urbem compulit Osor p. 231. and put the difference betwixt Nobles De tota Syria Palestina refert Dion l. 37. quòd rex summi Pontificis nomen habeat Husbandmen and Artificers so the Priests were alwayes selected out of the noblest families and were ever in all their publique counsels as the Divines sate among the Athenians and the South-sayers sate with the King among the Lacedemonians in all their weightiest consultations And Strabo tells us Strabo lib. 12. that the Priests of Bellona which were in Pontus and Cappadocia Apud Tertul. advers Valent. Hermetem legimus appellar● Max. sacerdotem maximum regem for that Goddesse was honoured in both places were regarded with the greatest honour next to the King himselfe and the Romans that were both wealthy warlike and wise did almost nothing without the advice and counsell of their Priests I will omit what Valerius Maximus setteth downe of their care of religion and their great respect unto their Priests and religious persons and I will referre you onely to what Tully writeth of this point Cicero l. 2. de legibus Diotogenes apud Stob. dicit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aethiopes reges suos deligebant ex numero sacerdotum Diodor l. 3. c 1. Tòtus Vespas Pontificatum maximum ideo sese professus est accipere ut puras servaret manus Sueton. in Tito c. 9. In Aritia regnum erat concretum cum sacerdotio Diana ut innuit Ovid. Ecce suburbana templum nemorale Dianae Partaque per gladios regna nocente manu De arte amandi lib. 1. Strabo l. 5. where he saith that the greatest and the worthiest thing in their Common-wealth was the priviledge and preheminence of the Divines which was joyned with the greatest authority for they dismissed the companies and the Councels of the chiefest Empires and the greatest Potentates when they were proposed they restrayned them when they were concluded they ceased from the affaires which they had in hand if but one Divine did say the contrary they appointed that the Consuls should depose themselves from their Magistracie it was in their intire power either to give leave or not to give leave to deale with the people or not to deale to repeale Lawes not lawfully made and to suffer nothing to be done by the Magistrate in peace or warre without their leave or authority this was their Law though I beleeve it was not alwayes observed by their proud Consuls and unruly Magistrates Cicero de nat deorum l. 2. In like manner Caesar writeth of the Gaules and Britons that they had two sorts of men in singular honour the one was their Druides or Divines the other was their Souldiers or men of warre and he faith that their Druides determined of all controversies in a manner both private and publique and if there were any crime committed any murther attempted if any controversie about inheritance or the bounds of lands did arise they also did set downe
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
deprivable by the Counsell So are Kings by the community of the people and so both the Papist and the Puritane doe agree to depose their Kings and as the Poet saith Claudian de 4. Consul Honorii Ausus uterque nefas domini respersus uterque Insontis jugulo never a barrell better herring both alike freinds to Kings But to this Blacvodaeus answereth most truly that although the Pope should be deprivable by the counsell which I am sure neither Pope nor Jesuite will allow yet for divers different reasons betwixt the examples Kings are not deposable by their Subjects especially if you cōsider the great difference betwixt the Church of Christ that is guided by the Spirit of God and the representation thereof in the flower of her Clergy Blac v. cap. 23. p. 304. and a giddyheaded multitude that is led by their unruly and unreasonable passions and are represented by those that either basely bought their Votes as the Consulls and other great men did the votes of the people of Rome or that their partiall and most ignorant affection oftentimes without judgement have made choice of ex quo sequitur ut non sit eadem populi potestas in regem quae in pontificem est Ecclesiae So that the reason is farre unlike But though the Sorbonists to justifie their former tenet The Puritans opinion worse then the Jesuites in two respects were the first broachers of this uniust opinion of the deposition of Kings by the people from whence the Iesuites to subject the King unto the Pope suck't it afterward Yet in two maine respects I find this tenet as it is held by the Puritanes far worse then the doctrine of the Jesuites 1. Because some of them say that the people may not restraine Respect 1 the power which they have once transmitted unto the King when the Law of justice doth not permit that Covenants should be repealed or a donation granted should be revoked though it were never so prejudiciall to the donor and Bellarmine makes this good by the example of the soldiers Bellar. in tract cont Pat. Paul that had power to accept or reject their Emperour before he was created but being once elected they had no coactive power over him whereas all the Puritanes will make and unmake promise and breake doe and undoe at their pleasure 2. Because the Iesuites permit not the people nor any Peeres Respect 2 to depose their King untill the Pope as an indifferent judge deputed by Christ shall approve of the cause and our Sectaries depresse Kings so farre as to submit them to the weake judgement and extravagant power of the people who to day cry to Gideon raigne thou and thy sonne over us for ever and to morrow joine with the base sonne of Ierubbaal and the Sichemites to kill 70 of the Children of Gideon Judges 91 and to create Abimilech to be their King But though the Anti-Cavalier takes it ill Our Opinion proved Anti-Cav in Os Ossor p. 25. that I should affirme that the Kings power and right unto his government is immediately from God yet if he would beleeve learned authors he might find enough of this judgement for the sublime power and authority that resideth in earthly Potentates is not a derivation or collection of humane power scattered among many and gathered into one head but a power immediately granted by God to his Vicegerents * So acknowledged by Act of Parliament 25 H. 8. c. 12. 28. c. 10. quam nunquam fuisse populo demandatam legimus which God never communicated to any multitudes of men Dt Sarav fol. 175. Bellar. de L●cis cap. 6. 8. saith Saravia And Bellarmine himselfe against the Anabaptists confuteth their error that denyed the power and authority of Kings to be immediately from God I. From Script Sap. 6. Esay 45. Hierom 27. Dan. 2. Rom. 13. 1. Pet. 2. II. from the Councell of Constans Sess 8. 15. III. from S. Aug. de civit Dei l. 5. c. 21. where he saith non tribuamus dandi regni potestatem nisi Deo vero which giveth felicity in the kingdome of heaven onely to the godly but the earthly Kingdomes he giveth both to the godly and to the wicked nam qui dedit Mario ipse Caesari qui Augusto ipse Neroni Idem de Rom. Pont. l. 5. c. 3. Irvinus de jure regni c. 2. p. 40. qui Vespasianis vel patri vel filio suavissimis imperatoribus ipse Domitiano crudelissimo qui Constantino Christiano ipse Apostatae Iuliano And IV. it is proved from the confession of the Popes of Rome as Leo. ep 38. 43. Gelasius epist ad Anastasium Greg. l. 2. epist 61. Nicholaus epist ad Michaelem out of all which saith Irvinus it is apparent all and every King non multitudini aut hominibus sed Deo soli regum regi quicquid juris habent acceptum ferre And he might consider that a thing may be said to be immediately from God divers wayes as specially 1 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 absque ullo signo creato 2 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cum aliquo actu conjuncto that is 1. Solely from God and no other presupposing nothing praevious to the obtaining of it So Moses and Ioshua had their authority from God Heningus fusè c. 1. p. 4 5. de distinct duplici jurisdict Sive electione sive postulatione vel successione vel belli jure Princept fiat Principitamen facto divinitus potesta●data est Cunerus c. 5. de ●ffic Princip 2. Jointly with an interposed act of some other instrument as the Apostolicall power of Matthias was immediately from God though his constitution was from the Apostles so Kings though some of them be after a sort elected by men yet as our Saviour saith to Pilate that his power was from above though he was deputed by Caesar So may they be said to have their authority immediately from God though they should be some wayes deputed by men for we must distinguish betwixt the soveraignty the Subject and the collation of the Soveraignty to the Subject the Soveraignty is immediately from God the Subject is from it's naturall causes and the unition of the Soveraignty to the Subject is likewise immediately from God not onely approving but appointing the same in all the Kings of his ordination or to speake with the Schooles we must distinguish betwixt deputationem personae and collationem potestatis the designation of the person which is sometimes done by men that is where the King is elective the donation of the power which is proper onely unto God for so the Psalmist saith God hath spoken once and twice Psal 62.11 I have also heard the same that power belongeth unto God and the Apostle saith Rom. 13.2 the powers that are are ordained of God which is to be understood of the regall or Monarchicall power because Saint Paules 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 higher powers are
people So Arnisaeus saith Arnisaeus de jure Majest l. 2. c. 1. p. 214. Majestatis potestas 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 γ. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And so you see the two principall parts of the Kings government are the Offices 1. Of a Captaine in the time of Warre 1. Ducis in bello gerendo 2. Iudicis in jure reddendo 1. Part. In the time of Warre Ordo ille naturalis mortalium paci accommodatus hoc poscit ut suscipiendi belli autoritas atque consilium apud principes sit Aug. cont Faust l 22. Arnis l. 2. c. 5. p. 345. Plato de legib lib. 2. Arnisaus lib. 2. cap. 5. p. 345. Luc. 14.31 Vers 32. 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 regall and supreme power to make warre and to conclude peace for Plato in his Common-wealth ordained that Si quis pacem vel bellum secerit 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 Warre or raiseth an Army without his Kings command And to this part of the regall government which consisteth in the Militia in Armes for the defence of the Kingdome pertaineth 1. The proclaiming of Warre which our Saviour properly ascribeth unto the right of Kings when he saith not what State or Common-wealth but What King going to warre 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 Aristot polit l. 7. c. 8. 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 Arnis l. 2. c. 1. and to belong onely unto the supreame Majestie Judges 11.11 But then you will say did not the Judges Moses Joshua Gedion Jephta Barac Sampson and the rest make warre and yet they were no Kings Why then may not the Nobles make warre as well as Kings I answer that they doe indeed make warre and a miserable wretched warre but I speake of a just warre and so I say that none but the King or he that hath the Kings power can doe it for though the Judges assumed not the name of Kings nor Captaines 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 warre 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 Deut. 33.5 And of Moses it is plainly said He was King in Jesurun and when there was no Judge it is said there was no King in Israel Judges 17.6.18.1.19.1 for I stand not about 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 warre is undertaken by any Prince how shall we know which party is in the right for to make an unjust warre cannot be said to be the right of any King yet as the Poët saith Lucan lib. 1. Quis justius induit arma 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 warre on the wrong side understand the truth of this great doubtfull and dangerous point I answer all the Divines that I reade of speaking of warre Dambo ● d in praxi criminal cap. 82. doe concurre with what Dumbauderius writeth of this point that there must be foure properties of a just warre 1. A just cause Foure properties of a just Warre 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 Warre 1. What cause have they to take Armes against their King 1. A just causes and to kill and murder so many thousands of their owne Brethren they will answer that they doe it for the defence of their Liberty Lawes and Religion but how truly let God himselfe be the Judge for His Majestie hath promised and protested they shall enjoy all these fully and freely without any manner of diminution and we know that never any rebellion was raised but these very causes were still pretended And therefore 2. Consider with what intent they doe all this 2. A right intention and I doubt not but you shall finde foule weeds under this faire cloake for under the shadow of liberty and property they tooke the liberty to rob all the Kings loyall Subjects that they could reach of all or most of their estates and to keepe them fast in prison because they would not consent to their lawlesse liberty and to be Rebels with them against their conscience And under the pretence of Lawes they aymed 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 transferre the same unto themselves and their friends so he should be like the King of Sparta a royall slave What Lawes and Religion the Rebels would faine hav● 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 faine have not that which was profest in Q. Elizabeths times that was established by the Lawes justified by the paines and confirmed by the bloud of so many worthy men and faithfull Martyrs but a new religion first hatched in Amsterdam then nourished in New England and now to be transplanted into this Kingdome 3. Meete Members 3. Who are the persons that are imployed in this warre he first of all that is the more disloyall because he was a person of honour that had so much honour conferred upon him by His
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 Brethen 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 Majestie that would faine be the Priests to bury it which meere policie though they wanted piety should prohibit they shall finde that Jam tua res agitur paries cum proximus ardet Virgil. Aenei● l. 1. When our Cottages are burnt their next Pallaces shall not escape the fire but through our sides their Honours shall be killed and buried without honour 3. Jus legitimandi 3. Ius 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 Crowne if the King granted not this grace to them that want it 4. Jus appellationes recipiendi 4. Ius 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 Majestie because that as Saint Paul appealed unto Caesar Act. 25.11 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 So Osorius saith Osorius de rebu● Imman p. 6. that Immanuel King of Portugall restored James sonne 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 Veniam criminosis 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 unparal●ll'd clemency and prety 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 Historie nor to be beleeved unlesse we had seene it that a man could be so farre inclined to clemency and mercy as to remit such transcendent impiety which will render them the more odious both to God and man and their names the more infamous to all posterity that after they had filled themselves with all kinde of wickednesse with incredible transgressions they should be found contemners of so favourable a pardon But though it be the Kings right to pardon faults and to restore offenders yet herein all Princes should take great heed especially when they have power to take revenge for sometimes the sinners may be like the sonnes of Zervia 2. Sam. 3.39 too strong for David how they pardon those great crimes that are committed to the dishonour of God and doe so farre provoke him to anger as to plague both the doers and the sufferers of them because that although they be soluti legibus suis not bound to their owne Lawes Arnisaus l. 11 c. 3. pag 69. yet they are not soluti ratione praeceptis divinis but they are bound to observe Gods Lawes and to punish the transgressors of his Commandements or if they doe not when they can doe it they shall render a strict account to God for all their omissions as they may see it in the example of King Saul 1. Sam. 15.9 6. Jus convocandi the right of calling Synods Parliaments 6. Jus convocandi Synodos Parliamenta c. Dyets and the like were the rights of the Kings of Israel and are the just Prerogatives of the Kings of England howsoever this faction of the Parliament hath sought to wrest it as they do all other rights out of the Kings hands by their presumption to call their Schismaticall Synod to which they have no more colour of right then to call a Parliament 7. Jus excudendi the right of coyning money 7. Ius monetas excudendi to give it value to stampe his armes or his image upon it as our Saviour saith Whose Image and superscription is this Matth. 22.20 and they say to him Caesars is the proper right of Caesar the prerogative of the King The second sort of the Kings right is circa magistratus 2. About the Magistrates and containeth jurisdiction rule creation of officers appointing of circuits provinces judgements censures institution of Schooles and Colledges collation of dignities receiving of fidelities and abundance more whereof I intend not to speake at this time but referre my Reader to Arnisaeus Arnis l 2. c. 2. de jure Majestatis if he desires to be informed of these particulars And as these and the like are jura Regalia the rights of Majestie in the time of peace so when peace cannot continue it doth properly belong unto the King and to none else but to him that hath the Soveraignty whose right it is alone to make warre either to succour his allyes or to revenge great injuries or for any the like just causes and as he seeth cause to conclude Peace to send Ambassadors to negotiate with forreigne States and the like are the rights of Kings and the indeleble characters of Soveraignty which whosoever violateth and endeavoureth to purloine them from the King doth with Prometheus steale fire from Heaven which the Gods would not suffer as the Poets faigne to goe unrevenged And these things so farre as I can finde the King never parted with them unto his Subjects and therefore whosoever pretendeth to an inderived power to doe any of these and exempteth himselfe from the Kings right herein ●oh Beda p. 26. resisteth the ordinance of God and is guilty of High-Treason what pretext soever he brings saith the Advocate of Paris Ita etiam reges Egypti quibus voluntas pro lege est legum tamen instituta