and to prevent civill dissentions to govern them according to the rules of justice and equity which all other Kings are bound to do but neither did nor can do it so fully and so faithfully as the Christian Kings because no Law either Solons Lycurgus Pompilius or any other Greek or Latine nor any Politique Plato Aristotle Machievle or whom you will old or new can so perfectly set down and so fairly declare quid justum quid honestum as the Law of Christ hath done and therefore seeing omnis honos praesupponit onus the honour is but the reward of labour and that this labour or duty of Kings to maintain true Religion well performed 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. Care of Kings to preserve true Religion Aug. de utilitate credendi cap. 9. 1. Religion saith a learned Divine without authority is no Religion for as Saint Augustine saith no true Religion can can be received by any means without some weighty force of authority therefore if that Religion whereby thou hopest to be saved hath no authority to ground it self upon or if that authority whereby thy Religion is settled 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 and therefore To whom the charge of preserving religion is committed 3 Opinions now the question is and it is very much questioned to whom the supreme government of our Religion ought rightly to be attributed whereof I finde three several resolutions 1. Papistical which leaneth too much on the right hand 2. Anabaptistical which bendeth twice as much on the left hand 3. Orthodoxal of the Protestants that ascribe the same to him on whom God himself hath conferred it 1. That the Church of Rome maketh the Pope solely to have the supreme 1. Opinion government of our Christian Religion is most apparent out of all their writeings Vnde saepe objictunt dictum Hosii ad Constantium Tibi Deus imperium commisit nobis quae sunt ecclesiastica concredidit Sed hic intelligitur de executione officii non de gubernatione ecclesiae Sicut ibi manifestum est eùm dicitur neque sas est nobis in terris imperium tenere neque tibi thymiamatum sacrorum potestatem habere i e. in praedicatione Et an gelii administratione Saâ—ramentorum similibus and you may see what a large book our Country-man Stapleton wrote against Master Horn 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 subject as fuisse quoniam Rex praeest hominibus Christianis ver ùm non quia sunt Christiani sed quia sunt homines episcopis etiam ex ea parte rex praeesset So Master Harding saith that the office of a King in it self 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 do in deciding Church matters or medling with any point of Religion then a Heathen And so Fekenham and all the brood of Jesuites do with all violence and virulency labour to disprove the Prince's authority and supremacy in Ecclesiastical causes and the points of our Religion and to transfer the same wholly unto the Pope and his Cardinals Neither do 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 Hierarchy to maintain that usurped authority which he held with so much advantage to his Episcopal See though with no small prejudice to the Church of Christ when the Emperours being busied with other affairs and 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 knowledg less and their honesty least of â—all all things were ruled with greater corruption and less 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 Gospel shined and Christian Princes had the leisure to look and the heart to take hold upon their right the learned men opposing themselves against the Pepe's usurped jurisdiction have soundly proved the Soveraign authority of Christian Kings in the government of the Church that not onely in other Kingdoms but also here in England this power was annexed by divers Laws unto the interest of the Crown and the lawful right of the King and I am perswaded saith that Reverend ArchBishop Survey of Discip c. 22. p. 251. Bancroft had it not been that new adversaries did arise and opposed themselves in this matter the Papists before this time had been utterly subdued for the Devil seeing himself so like to lose the field stirred up in the bosom of Reformation How the Devil raised instruments to hinder the reformation a flock of violent and seditious men that pretending a greaâ— deal of hate to Popery have notwithstanding joined themselves like Sampson's â—oxes 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 do most specially concern her government and governours and though in the fury of their wilde zeal they do no less maliciously then falsly cast upon the soundest Protestants the aspersion of Popery and Malignancy yet I hope to make it plain 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 and all the Scholes of the Jesuites 2 Opinion Of the Anabaptists and Puritans do most stifly defend this usurped authority of the Pope which as I said may be with the less admiration because of the Princes concession and their own long possession of it so on the other side there are sprung up of late a certain generation of Vipers the brood of Anabaptists and Brownists that do most violently strive not to detain what they have unjustly obtained but a degree far worse to pull the sword out of their Prince his hand and to place authority on them
of Eâ—tyches Constantine the Fiâ—th called the sixth Synod against the Monothelites and so did many others in the like cases God having fully granted this right and autho ity unto them for their better information in any point of religion and the goverment of the Church And therefore they that deny this power unto Kings or assume this authority unto themselves whether Popes or Parliament out of the Kings hand they may as well take his eyes out of his head because this is one of the best helps that God hath left unto Kings to assist and direct them in the chiefest part of The unparallel'd presumption of the Faction to call a Synod without the king their royal government how presumptuous then and injurious unto our King and prejudicial to the Church of Christ was the factiâ—n of this Parliament without the Kings leave and contrary to his command to undertake the nomination of such a pack of Schismatical 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 Devil shall have the power to prompt worldlings to nominate his prime Chaplains Socinians Brownists Anabaptists and the refuse of all the refractory Clergy that seem The quality of the Synodical men learned in nothing but in the contradiction of learning and justifying Rebellion against their King and the Church to compose the Articles of our saith and to frame a new government of our Church I am even ashamed that so glorious a Kingdom 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 boldness in any Clergy that the like cannot be found in any Ecclesiastical History from the first birth of Christ's Church to this very day unless our Sectaries can produce it from some of the Vtopian Kingdoms that are so far South ward In terra incognita beyond the Torrid Zone that we whose zeal is not so fiery but are of the colder spirits could not yet perfectly learn the true method of their Anarchical government or if our Lawyers can shew us the like president that ever Parliament called a Synod contrary to the King's 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 3. An authority and power to guide the Church and to uphold the true religion the government of God's Church is power and authority to defent 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 and so well furnished with knowledge to set down what Service and Ceremonies should be used yet if he hath not power and ability which do arise from his right and just authority to do it and to put the same in execution all the rest are but fruitless embryoes like those potentials that are never reduced into actions or like the grass upon Ps 1â—9 6. 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 Ecclesiastical causes and over all Ecclesiastical persons we finde that all Ages and all Lawes have warranted them to do the same for Solomon displaced Abiathar and placed Sadoâ— in his room Jeremy's case was heard by the King 1. Reg. 2. 27. 35. Jerem. 26. How all kings and Emperors exercised this power oâ—er the Church of Israel Theodoâ—â—â—s and Valentâ—nian made a Decree that all those should be deposed which were infected with the impiâ—ty of Nestorius and Justinian deposed Sylverius and Vigilius and many oâ—her 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 do give unto our King the nomination of Bishops and some other elective dignities in the Church the â—ustody 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 Ecclesiastical 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 Cassian de Incarn l. 1. c. 6. Jesuites and their sworn Brethren the Presbyterians do most justly ascribe this right and power unto Kings I may truly say with Cassianus that there is no place of audience left for them by whom obedience is not yielded to that which all have agreed upon nor any excuse for those Subjects that assist not their Soveraign 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 tear this prerogative out of the King's hand and place it in the hands of mad men as the Prophet epithets the madness of the people I or that furious Knox belched forth Psal 65. 7. How the Disciplinarians rob the king of this right Knox to the Commonalty fol. 49. 50 55. 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 maintain them defend them against all that oppose them and detain 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 lawful to kill wicked Kings which most dangerous and more damnable Doctrine Dean Whittingham affirmeth to be the tenet of the best and most learned of them that were our Disciplinarians 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 What true religion teacheth us they do impose or in doing with obedience whatsoever they do command Religion can be no warrant for those actions which must remain as the everlasting blemishes of that Religion which either commanded or approved of
of Parliament made by powerful Commands and either through fear or errour can make that which is against the Will and contrary to the Law of God to be no sin or free the sinner from God's wrath Or do you think that I stand against so many well-deserving Gentlemen of such means and friends and power as you are only for covetousness to gain the Rent of a few houses and no longer than the remainder of a poor old man's life Surely not any one that had but the least inch of worldly wisdom would do so For besides my pains and labour I have spent already and shall spend yet before the Church shall lose them perhaps ten times more than my span-long life shall gain by them And what of that I have done my best when I have lost them Et liberavi animam meam and shall leave to God Causam suam Let him arise and defend his own Cause but let men take heed how they strive against God or seek to obstruct his Service and cause the diminution of his Worship which I hope your Piety will never suffer any one of you to do And I shall pray for you all and assuredly remain Your affectionate friend and servant Gryffith Ossory THE CONTENTS of the Chapters Chap. I. AN Introduction shewing the occasion of this Treatise and what the Author doth therein Page 1. Chap. II. Of Sacriledge what it is how manifold it is and how it hath been alwayes punished and never escaped the Hand of the Divine Vengeance p. 4. Chap. III. The divers sorts and kinds of Sacrilegious persons And first of those that do it under colour of Law and upon the pretence of Reformation whereby they suppose their Sacriledge to be no Sacriledge at all p. 15. Chap. IV. Of two sorts of Sacrilegious persons that rob the Church of Christ without any colour or pretence of Law but indeed contrary to all Law p. 21. Chap. V. The words of King David in the 2 Sam 7. 1 2. and their divisions When they were spoken And how or in what sense Sitting and Standing are commonly taken in the Scriptures And of the two Persons that are here conferring together p. 27. Chap. VI. What the Rest and peaceable times of King David wrought The Prince's authority in causes Ecclesiastical and how they should be zealous to see that God should be justly and religiously served p. 31. Chap. VII The Objections of the Divines of Lovain and other Jesuites against the former Doctrine of the Prince his Authority â—ver the Bishops and Priests in Causes Ecclesiastical answered And the foresaid truth sufficiently proved by the clear testimony of the Fathers and Councils and divers of the Popes and Papists themselves p. 37. Chap. VIII That it is the Office and Duty of Kings and Princes though not to execute the Function and to do the Office of the Bishops and Priests yet to have a special care of Religion and the true Worship of God and to cause-both the Priests and Bishops and all others to discharge the duties of God's Service And how the good and godly Emperours and Kings have formerly done the same from time to time p. 41. Chap. IX Of the chiefest Parts and Duties of Kings and Princes which they are to discharge for the maintenance of God s Service and the True Religion and the necessity of Uathedral-Churches and Chappels for the people of God to meet in for the Worship and Service of God p. 46. Chap. X. The Answer to the Two Objections that the Fanatick-Sectaries do make 1. Against the necessity And 2ly against the Sanctity or Holiness of our Material Churches which in derision and contemptuously they call Steeple-houses p. 53. Chap. XI The Answer to another Objection that our Fanatick-Sectaries do make against the Beauty and Glorious Adorning of our Churches which we say should be done with such decent Ornaments and Implements as are besitting the House and Service of God The Reasons why we should Honour God with our goods and how liberal and bountiful both the Fathers of â—â—â— Old Testament and the Christians of the New Testament were to the Church of God p. 58. Chap. XII The Answer to another Objection that our brain-sick Sectaries do make for the utter overthrow of our Cathedrals and Churches as being so sowly stained and profaned with Popish Superstitions and therefore being no better than the Temples of Baal they should rather be quite demolished than any wayeâ— adorned and beautified p. 63. Chap. XIII That it is a part of the Office and Duty of Pious Kings and Princes as they are God's Substitutes to have a care of his Church to see that when such Cathedrals and Churches are builâ— and beautified as is fitting for his Service there be Able Religious and Honest painful and faithful Bishops placed in those Cathedrals that should likewise see Able and Religious Ministers placed in all Parochial Churches and all negligent unworthy and dissolute men Bishops or Priests reproved corrected and amended or removed and excluded from their places and dignities if they amend not p. 67. Chap. XIV Of the maintenance due to the Bishops and Ministers of God's Church how large and liberal it ought to be p. 75. Chap. XV. That the payment of Tythes unto the Church is not a case of Custom but of Conscience Whenas the tenth by a Divine right is the Teacher's tribute and the very first part of the wages that God appointed to be paid unto his Workmen and therefore that it is as heynous a sin and as foul an offence to defraud the Ministers of this due as it is to detain the meat or money of the labouring-man which is one of the four Crying-sins p. 82. Chap. XVI The Answer to the Choisest and Chiefest Objections that the School of Anabaptists have made and do urge against the payment of Tythes now in the time of the Gospel p. 91. Chap. XVII What the ancient Fathers of the Church and the Councils collected of most Learned and Pious Bishops have left written concerning Tythes And of the three-fold cause that detains them from the Church p. 98. Chap. XVIII Of the second part of the Stipend Wages and Maintenance of the Ministers of the Gospel which is the Oblation Donation or Free-wil-offering of the people for to uphold and continue the true service of God and to obtain the blessings of God upon themselves and upon their labours which Donations ought not to be impropriated and alienated from the Church by any means p. 105. Chap. XIX That it is the duty of all Christian Kings and Princes to do their best endevours to have all the Impropriatioâ—s restored to their former Institution to hinder the taking away and the alienation of the Lands Houses and other the Religious Donations of our Ancestors from the Church of Christ and to suppress and 〈◊〉 all the Vnjust and Covetous sâ—ttle customs and frauds that are so generally used and are so derogatory to the service of God from
Where the Puritans place the authority to maintain religion 1 In the Presbytery which have neither right to own it 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 supreamo and immediate authority under Christ in all Ecclesiastical 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 chief of them have belched forth against the Divine Truth of God's Word and the sacred Majesty of Kings Master Calvin a man otherwise of much worth and Calvin in Amos cap. 7. worthy to be honoured yet in this point transported with his own passion calleth those Blasphemers that did call King Henry the eight the supreme Head of this Church of England and Stapleton saith that he handled the King himself Stapl. cont Horn. l. 1. p. 22. with such villany and with so spiteful words as he never handled the Pope more spitefully and all for this Title of Supremacy in Church causes and in his fifty fourth Epistle to Myconius he termed them prophane spirits and mad men that perswaded the Magistrates of Geneva not to deâ—rive themselves of that authority which God hath given them Viretus is more virulent for he How Viretus would prove the temporal Pope as he calleth the King worse then the spiritual Pope 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 clâ—ke of the Gospel affirming that the putting of all authority and power into the Civil Magistrates hands and making them masters of the Church is nothing else but the changing of the Popedome from the Spiritual Pope into a Temporal Pope who as it is to be feared will prove worss and more tyrannous then the Spirituall Pope which he laboureth to confirme by these three reasons 1 Reason 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 spiritual Popes had some regard in their dealings of Councils 2 Reason Synods and ancient Canons but the new Secular Popes will do what they list without respect of any Eâ—clesiastical Order be it right or wrong 2 Reason 3. Because the Romish Popes were most commonly very learned but it happeneth oftentimes that the Regal Popes have neither learning nor knowledg in divine matters and yet these shall be they that shall command Ministers and 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 ten or twenty years usurped more tyranny over the Churches in their Dominions then ever the Pope and his adherents did in six hundred years All which reasons are but meere fopâ—eries blown up by the black Devil to blast the beauty of this truth for we speak not of the abuse of any Prince to Viretus his scandalous reasons answered 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 Laws which through his royal 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 T. C. l. 2. p. 411. hide the light from the eyes of the simple So Cartwright also that was our English firebrand and his Disciples teach as Harding had done before that Kings and Princes do hold their Kingdoms and Dominions under Christ as he is the Son of God onely before all Worlds coequal with the Father and not as he is Mediator and Governour of the Church and therefore the Christian Kings have no more to do with the Church government then the Heathen Princes so Travers saith that the Heathen Princes being converted to the saith receive no more nor any further encrease of their power whereby they may deale in Church causes then they had before so the whole pack of the Disciplinarians are all of the same minde and do hold that all Kings as well Heathen as Christian receiving but one Commission and equal Authority immediately from God have no more to do with Church causes the one sort then the other And I am ashamed to set down the railing and the scurrilous speeches of Anthony Gilby Gilby in his admonition p. 69 Knox in his exhortation to the Nobility of Scotland fol. 77. against Hen. 8. and of Knox Whittingham and others against the truth of the King 's lawful right and authority in all Ecclesiastical causes For were it so as Cartwright Travers and the rest of that crew do 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 appear most evident to all understanding men that all Kings as well 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 For it cannot be denyed but that all Kings ought to preserve their Kingdoms The Gentilee Kings preâ—ervers of religion and all Kingdoms are preserved by the same means by which they were first established and tâ—â—y 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 and as Synes ep 126. Vide Arnis part 2. pag. 14. Ad magnas reipubl utilitates retinetur religio in civitatibus Cicero de divin l. 2. Synesius saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Priest and a Prince was all one with them when the Kings to preserve their Laws inviolable and to keep 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. The wisedom of our grave Prelates and the learning of our religioâ—s Clergie having stopped the course of this violent stream and hindred the translation 2. In the Parliament of this right of Kings unto their new-born Presbytery 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 then unworthyness and the other doth not bear with undutifullness will needs transfer this right of ruling God's Church unto a Parliament of Lay-men the King shall be denuded of what God hath given him and the people shall be endued with what God and all good men have ever denyed them I deny not but the Parliament men as they are most noble and worthy Gentlemen so many of them may be very learned and not a few of them most religious and I honour the Parliament rightly discharging their duties as much as their modesty can desire or their merit deserve neither do I gain say but as they are pious men and the greatest Council of our King so they may propose things and request such and such Lawes to be enacted such abuses to be redressed and such a reformation to be effected as they think befitting for Gods Church but for Aaron's seed and the Tribe of Levi to be directed and commanded out of the Parliament Hugo de Sancto Vict. lâ—b 2. de sacr â—id par 2. cap 3. Laicis Christianis fidelibus terrena â—ossidere conceditur clericis verò tantùm spiritualia commiâ—tuntur quae a tem illa spiritualia sunt subjiciâ— c 5. diâ—eâ—s omnis ecclesiastica â—dministratio in trâ—bus consislit in sacramentis in ordinibus iâ— praeceptis Ergo Laâ—ci nihâ—l juris habent in leâ—ibus prâ—ceptis condendit ecclesiastâ—cis chair how to perform the service of the Tabernacle and for Lay men to determine the Articles of faith to make Canons for Church men to condemn heresies and define verities and to have the chief power for the government of Gods Church as our Faction now challengeth and their Preachers ascribe unto them is such a violation of the right of Kings such a derogation to the Clergy and so prejudicial to the Church of Christ as I never â—ound the like usurpation of this right to the eradication of the true Religion in any age for seeing that as the Proverb goeth Quod medâ—corum est promittunt medici tractant fabrilia fabri what Papist or Atheist will be ever converted to profess that religion which shall be truly what now they alleadge falsly unto us a Parliamentary religion or a religion made by Lay-men with the advice of a few that they choose â— faece Cleri I must seriously profess what I have often bewayled to see Nadab and Abihu offering strange fires upon God's Altar to see the sacred offices of the Priests so presumptuously usurped by the Laity and to see the children of the Church nay the servants of the Church to prescribe Lawes unto their Masters and â— did ever fear it to be an argument not onely of a corrupted but also of a decaying State when Moses chaire should be set in the Parliament House and the Doctours of the Church should never sit thereon therefore I wish that the Ark may be brought back from the Philistines and restored to the Priests to be placed in Shilo where it should be and that the care of the Ark which king David undertook may not be taken out of his hands by his people but that he may have the honour of that service which God hath imposed upon him For 3. As nothing is dearer to understanding righteous and religious Kings 3. Opinion Of the Orthodox Quia religio est ex potioribus reipublicae parlibus ut ait Aristoâ— Polit. l. 7 c. 8. ipsa soâ—â— custodit hominum inter se socieâ—ates ut ait Lactant. de ira Dei cap. 12. Peritura Troja perdidit primâ—m Deos. Therefore the Tyrians chayned their gods lest iâ— they fled they should be destroyed then the encrease and maintenance of true religion and the inlargement of the Church of Christ throughout all their Dominions so they have at all times imployed their studies to this end because it is an infallible maxime even among the Politicians that the prâ—sperity of any Kingdome flourisheth for no longer time then the care of Religion and the prâ—sperity of the Church is maintained by them among their people as we see Troy was soon lost when they lost their Palladium so it is the truest sâ—gn of a declining and a decaying State to see the Clergy despised and religion disgraced and therefore the provisiâ—n for the safety of the Church the publick injoying of the word of God the form of Service the manner of Government and the honour and maintenance of the Clergy are all the duties of a most Christian King which the King of Heaven hath imposed upon him for the happiness and prâ—sperity of his Kingdom and whosoever derive the authority of this charge either in a blinde obedience to the See of Rome as the Jesâ—ites do or out of their too much zeal and affection to a new Consistory as the late Presbyterians did oâ— to a Lay Parliament as our upstart Anabaptists aad Brownists do are most unjust usurpers of the Kings Right which is not onely ascribed unto him and warranted by the Word of God but is also confirmed to the Princes of this Land by several Acts of Parliament to have the supremacy in all causes and over all persons as well in the Ecclesiastical as in the Civil government which being so they â—â—â—xempted thereby from all inforcement of any domestical or forraign power and freed from the penalties of all those Laws both Ecclesiastical and civil whereunto all their Subjects Clergy and Laity and all inferiour Q Curtius de rebus Alexand. Joh. Bedâ— p. 22 23. persons and the superiour Nobility within their Kingdomes are obliged by our Laws and Statutes as hereafter I shall more fully declare Therefore it behoveth all Kings and especially our King at this time seriously to consider what prejudice they shall create unto themselves and their just authority if they should yeild themselves inferiour to their Subjects aggregativè or reprasentativè or how you will or liable to the penal Laws for so they may be soon dethroned by the unstable affection and weak judgment of discontented people or subject to the jurisdiction of Lay Elders and the excommunication of a tyrannous Consistory who denouncing him tanquam Ethnicum Matth. 18. 17. may soon add a stranger shall not raign over thee and so depose him Deut. 17. 15. from all
to make this both the more plaâ—sible and probable they alleadged how Kings were thus eligible and likewise deposable by the community of the people for out of this Buchanan saith Romani Pontifices longè regum omnium conditione superiores legum Buchan de jure regni p. 25 91. tamen poenis haâ—d eximuntur sed eos quanquam sacrosanctos Christianis omnibus semper habitos Synodus Basiliensis communi ordinum consensu senatui sacerdotum obnoxios esse pronunciavit that is in brief the Popes are deprivable by the Council So are Kings by the community of the people and so both the Papist and the Puritan do agree to depose their Kings and as the Poet saith Ausus utérque nâ—sas domini respersus utérque Claudian de 4. Consul Honorii Insontis jugulo never a barrel better herring both alike friends to Kings But to this Blackvodaeus answereth most truely that although the Pope should be deprivable by the Counâ—il 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 consider 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 and a giddyheaded multitude that Blâ—c cap. 23. p. 304. is led by their unruly and unreasonable passions and are represented by those that either basely bought their Votes as the Consuls and other great men did the votes of the people of Rome or that their partial and most ignorant affection oftentimes without judgement have made choice of ex quo sequitur ut non sit eadem potuli potest as in regem quae in pontificem est Ecclesiae So that the reason is far unlike But though the Sorbonists to justifie their former tenet were the first broachers The Puritans opinion worse then the Jesuites in two respects of this unjust opinion of the deposition of Kings by the people from whence the Jesuites to subject the King unto the Pope suck't it afterward Yet in two main Respects I finde this tenet as it is held by the Puritans far worse then the doctrine of the Jesuites 1. Because some of them say that the people may not restrain the power 1. Respect 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 shoud be revoked though it were never so prejudiciall to the donor and Bellarmine makes this good by the example of the souldiers that had power to accept or reject Bellar. in tract cont Pat. Paul 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 Because the Jesuites permit not the people nor any Peers to depose their King 2 Respect untill the Pope as an indifferent judge deputed by Christ shall approve of the cause and our Sectaries depresse kings so far as to submit them to the weake judgment and extravagant power of the people who to day cry to Gideon raign thou and thy son over us for ever and to morrow joyne with the base son of Jerubbaal and the Sichemites to kill seventy of the Children of Gideon and Judges 9. to create Abimilech to be their king But though the Anti-Cavalier takes it ill that I should affirm that the kings Our Opinion proved Anti-Cav in Os Ossor p. 25 power and right unto his government is immediately from God yet if he would believe learned Authours he might find enough of this judgment 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. Dr Sarav sol 175. Bellar. de Laicis cap. 6. 8. quam nunquam fuisse populo demandatam legimus which God never communicated to any multitudes of men saith Saravia And Bellarmine himself 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. Hierâ—m 27. Dan. 2. Rom. 13. 1 Pet. 2. II. From the Councill 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 qui Vespasianis vel Idem de Rom. Pont. l. 5. c. 3. Irvinus de jure regni c. 2. p. 40. patri vel filio suavissimis imperatoribus ipse Domitiano crudelissimo qui Constantino Christiano ipse Apostatae Juliano 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. Nicholans 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 Joshua had their authority from God 2. Joyntly with an interposed act of some other instrument as the Apostolicall Heningus fuse c. 1. p. 4 5. de distinct duplici jurisdict Sive electione sive postulatione vel successione vel belli jure Princeps siat Principi tamen facto divinitùs potestas data est Cunerus c. 5. de offic Princip 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 cause 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 speak with the Schooles we must distinguish betwixt deputationem personae
valley and David 1 Chron. 14. v. 1â— 17. smote them from Gibeon even to Gazer and the fame of David went out into all Lands and the Lord brought the fear of him upon all Nations 2. For the persons that are here conferring together they are said to be 2. The persons deliberating and conferring together David and Nathan the King and the Prophet two great Persons and high Offices that formerly were contained in one Person as Melchisedech was the Priest of the Mâ—st High GOD and King of Salem And as the Poet saith Virgil. l. 3. Rex Anius Rex idem hominum Phoebique Sacerdos And when God divided and distributed these several Offices to several persons he conferred them upon two brothers that is Moses and Aaron that so the King and the Priest might live and love one another like brethren as I have more amply shewed in my Treatise of The Grand Rebellion And so King David here dischargeth that his duty accordingly And so likewise not only the Heathen Kings but also the Jewish Kings the Kings of Israel and all good Christian Kings disdained not the friendly familiarity and The greatest Kings and Princes were most familiar with the Priests Orators and Philosophers conference with their Bishops and Priests especially when they consult and deliberate of Religion or any point that concerns the Worship and Service of God For as King Croesus conferred with Solon the Philosopher and Alexander King of Macedon consulted often with Aristotle and sometimes with Diogenes the Cynick and King Pyrrhus with his dear friend Cineas So Pharaoh King of Egypt called and consulted with his Priests that were the Magicians and deemed the wise men of Egypt when Moses came to treat of God's Service And though Moses appointed 70 men of the choicest gravest and wisest men that could be found of all the Elders of Israel to be the Sanhedrim and as it were a standing Parliament to end all controversies and all the civil affairs of the Kingdom Yet when the Case of Religion came in question and the differences about God's Worship came to be decided neither the Kings of Israel nor the Kings of Juda to whom the principal care and custody of God's Laws and Service was committed did ever commend the same unto the Sanhedrim to be concluded and setled But as King David here calleth and consulteth with Nathan the Prophet about the building of God's House so when Religion was corrupted and the Service of the True God neglected in the time of King Ahab he calleth not the Sanhedrim to rectifie and redress the same but he leaves the same to be determined and adjudged betwixt the Priests of Baal and Elias the true Prophet of the Lord And so did King Asa Jehosaphat 1 Reg. 18. 17 18. 19 20. 2 Chron. 15. 2. 8 c. Mâ—tâ— 2. 4. and Ezechias consulted not with their lay Lords or the Sanhedrim but with Azariah the son of Oded the Prophet and with Esay and the rest of God's Prophets Nay when the Wise men came to inquire for Christ Herod that sought to destroy Him and his Religion inquireth not of any but of the Chief Priests and Scribes Where Christ shâ—uld be born And so all the Wise and Christian Emperours Constantine Theodosius Justinian and the rest as you may find it in Bâ—sebius Socrates Zozomen and other Ecclesiastical Historians had always some special Bishops with whom they conferred and consulted about matters of Religion as Charles the Fifth did with Cassander and Henry the Eighth with Bishop Crammer For they conceived that their Crowns had the greater Lustre when it was in conjunction with the Miter And therefore in no great Councel was the Man of God ever baulked but that they might be sure to serve God before themselves and be assured that while the Church prospered the Bishops directed and they had God and his Messengers amongst them all would go right and be safe and therefore in all or most Courts of Conscience where the Law reached not they thought none so fit as these men of conscience to decide all differences Neither could I ever find that the Church of God was so much pestered with miseries and poisoned with Errors Heresies and Sects or Divisions until the lay Lords and Gentlemen like the Long Parliament neglected their proper Offices to look into the affairs of the Common-wealth and to see Justice and Judgement truly executed among the people and began immittere falcem in alienam messem to thrust their sickles into other mens harvest and to intermeddle with that which concerns them not as Esay 1. 12. The Church of God never became more miserable then when the lay-people undertook to conclude and determine points of Religion to chop and change Articles of Religion and to set down and compose points of faith when the Lord saith Quis requisivit haec Who hath required these things at your hands It is your duty to come into the Temple and to perform the service that David and Nathan the King and the Bishops shall prescribe unto you and to confirm those Articles of Religion and cause them in all things to be observed as the Parliament did in Queen Elizabeth's dayes the 39. Articles of our Religion when they are as those were setled and concluded by the Bishops and the rest of the Clergy in their Convocation for the Lord tells us plainly That the Priests lips should keep knowledge and they that is the people be they what and whom you will Sanâ—edrim of the Jews or Parliament of any other Nation should seek the Law that is the Law of God at his mouth because he is the Messenger of the Lord of Hosts that is to declare his will and to expound his Laws unto the people But what saith the Lord in this Case when the people be they what you will shall usurpe the Priests Office and begin to make new Orders and Ordinances for the Service of God that never required such things at their hands He tells them plainly You are departed out of the way and you have caused many to stumble at the Law that is by your false glosses and injoyned observations thereof and you have corrupted the Covenant of Levi saith the Lord of Hosts that is you have wronged and quite thrown out the Bishops and Priests from their Offices which is to consult with the King to see God rightly worshipped And therefore saith the Lord I have Malach. 2. 7 8 9. also made you contemptible and base before all the people according as you have not kept my wayes but have been partial in the Law that is by making Religion and my Service like a nose of wax to turn which way you please when as every one should do the duties that belong unto him Curabit praelia Conon 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
by God's holy Spirit both for the building of the Temple and the ordering of the Priests and Levites for the Service of the Temple And as Jehu had the direction of the Prophet Elisha for the suppression of the Priests of Baal so had Ezechias the Prophet Esay to direct him in the puâ—ging of the Temple and Râ—formation of those abuses that had crepâ—â—â— into the Service of God To this we answer That as Joshua the Prince was required to go in Sol. and out at the word of Eleazar the Priest so we yield that the King ought to hearken to the counsel and direction of his Bishop and Priest as David here did consult with Nathan and Ezechias with the Prophet Esay And while Religion is purely maintained the people truly instructed and the Church rightly and orderly governed by the Bishops and the rest of the Ecclesiastical Governours the Prince needs not to trouble himself with any Reformation or to meddle with the matters of Religion But the King Prince and Supreme Magistrate ought to see that all the aforesaid things are so and if they be not to correct the Priest when he is careless and to cause all the abuses that he seeth in the Church and in Religion to be Reformed Because as S. Augustine saith In hoc reges Deo serviunt sicut Augustin contra Cresconium l. 3. c. 51. iis divinâ—tùs praecipitur in quantum sunt reges si in suis regnis bona jubeant mala prohibeant non solum quae pertinent ad humanam societatem verumetiam quae ad Divinam religionem In this Kings and Princes do serve God as they are commanded by God if they do command as they are Kings in their Kingdoms those things that are good and honest and prohibit the things that are evil noâ— only in causes that do properly appertain to civil society but also in such thâ—ngs as belong and have referâ—nce to Religion and Piety And when they do so the Bishops and Priests be they whom you will should observe their Commands and submitt themselves in all obedience That the Bishops Priests ought to submit themselves to the lawful commands directions of their Kings civil Governours to their Determinations and censures For Moses was the civil Magistrate and the Governour of the people and as he received them from God so he delivered unto the people all the Laws Statutes and Ordinances that appertained to Religion and to the Service of God And when Aaron erected and set up the golden Calf to be worshipped and so violated the true Religion and Service of God Moses reproved and censured him and Aaron though he was the High Priest of God and the Bishop of the people yet as a good example for all other Priests and Bishops he submitted himself most submissively unto Moses the chief Magistrate and said Let not the anger of my Lord wax hot And I would the Pope would Exod 32. 22. do so likewise And therefore though we say the Judge is to be preferred before the Prince in the knowledge of the Laws and the Doctor of Physick in prescribing potions for our health and the Pilot in guiding his Ship which the King perhaps cannot do Yet it cannot be denied but the King hath the commanding power to cause all these to do their duâ—ies and to punish them if they neglect it So though the King cannot preach and may not administer the holy Sacraments nor intrude himself with Saul and Vzzia to execute the Office of the Priest or Bishop yet he may and ought to require and command both Priests and Bishops to do their duties and to uphold the true Religion and the Service of God as they ought to do and both to censure them as Moses did Aaron and also to punish them as Solomon did Abiathar if their offence so deserve when they neglect to do it and both Priests and Bishops ought like Aaron and Abiathar to submit themselves unto their censures CHAP. VII The Objections of the Divines of Lovaine and other Jesuites against the former Doctrine of the Prince his authority over the Bishops and Priests in causes Ecclesiastical answered And the foresaid truth sufficiently proved by the clear testimony of the Fathers and Councils and divers of the Popes and Papists themselves BUt against this Doctrine of the Prince his authority to rectifie the Obj. things that are amisse and out of order in the Church of God the Jesuites and their followers tell us Spirituales dignitâ—tes praestantiores â—sse secularibus seu mundanis dignitatibus That the Spiritual Dignities are more excellent than those that are worldly When as these two Governments Gen. 1. 16. Rom. 13 12. And though thâ— light of the Church be the greater yet that proves not but that the King should be the prime and chief Governoâ— of the Church the one of the Church and the other of the Common-wealth are like the two great Lights that God hath made the greater light to rule the day and the lesser light to rule the night and the Government of the Church must needs be acknowledged to be the Day and to have the greater light to guide and to direct it The Apostle telling us plainly that now the Gospel being come and the Church of Christ established the night is past or far spent and the day is at hand and come amongst us And the Government of the Secâ—lar State is like the Moon that ruleth the Night and receiveth her cleerest light from the Sun as all Christian Kingdoms do receive their best light and surest Rules of Government from the Church of God which is the pâ—llar and the ground of truth But To these that thus make the Civil Government subordinate to that which is Spiritual as both the Papists and our Fanatick-Sectaries here amongst us like the old doting Donatists would do and so abridge and deprive the Christian Prince of his just right and jurisdiction over the affairs and persons of the Church I answer 1. That Symbolical propositions examples parables comparisons and Sol. similitudes can prove nothing they may serve for some illustrations but for no infallible demonstrations of truth 2. I say that Isidorus a popish Doctor preferreth the Government of the Isidorus in â—lâ—ssa in Gen. ut citatur In the Scourge of Sacriledge Kingdom before the Priesthood by comparing the Kingdom unto the Sun and the Priesthood unto the Moon 3. I say that Theodore Balsamon a good School-man saith Nota Canonem Dicit Spirituales dignitates esse praestantiores secularibus sed ne hoc eò traxeris ut Ecclesiastiâ—ae dignitates praeferantur Imperatâ—riis quia illis subjiciuntur You must note that when the Canon saith the Spiritual dignities are more excellent than the Secular you must not so understand it Balsamon in Sextâ— Synodo Canonâ— 7. as to prefer the Ecclesiastical Rule or Dignities before the Imperial State because they are subject unto it and so to be
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 differenâ—es 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 Johannes de Parisiis Can. 18. the Roman Church 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 Regal power is only coâ—poral and not spiritual and that it hath but the care and charge over the bodies of his Subjects and not of their souls Wâ—ich is most false 2. They say as I have said even now that similitudes and examples Obj. nihil ponunt in esse and are no apodictical proofs for any weighty matters especially the examples of the old Testament to confirm the doing of the like things under the new Testament because that for us to be guided and directed by the examples of the old Law is the high-way to lead us to infinite inconveniences Therefore it followeth not that because the Kings of Israel and Juda did such things as are fore shewed unto the Priests and Levites and the setling of the Service in the Temple therefore our Moderne Princes should have the like Authority to do the like things unto the Bishops and Priests of the new Testament about the Worship of God and the Government of his Church and especially in the censuring of them that are appointed by Christ to be the Prime Governours of the same To this I answer 1. That this is as the Schooles say Petitio principii and Sol. a begging of the Question for we say that although for the pâ—rfecting of the Saints for the work of the Ministery for the edifying or building up of Ephes 4. 12. the body of Christ that is the Church God hath set in his Church first Apostles secondarily Prophets thirdly Teachers and so Bishops and Priests 1 Cor. 12. 28. primarily and principally to discharge the aforesaid Offices and Duties yet this proveth not that they are simply and absolutely the Prime Governours and Chief Rulers of the Church but that the Kings and Princes in the In what sense the Bishops Priests and in what sense Kings Princes may be said to be the prime Governours of the Church Esay 49. 23. other respects aforenamed may be justly said to be the Prime and Supreme Goverâ—ours as well in all causes Ecclesiastical as Temporal for the Prophet Esay speaking of the Church of the Gospel saith That Kings should be her nursing fathers and Qâ—eens her nursing mothers And I hope you will yield that the fathers and mothers are the Prime and Supremest Governours of their children rather than their School-masters and Teachers But though the progeny of the Pope and our frantick Sectaries would fain thrust out the eyes of the politick Prince and make him just like Polyphemus that had a body of vast dimensions but of a single fight scarce able to see his wayes and to govern himself yet I shall by God's assistance make it most apparent unto you by the testimony of the Fathers Councils and some Popish Authors that the Soveraign Prince hath and ought to have alwayes a peremptory Supreme power as well over the Ecclesiastical persons and causes of the Church as over the Civil persons and causes of the Temporal State and Common-wealth For 1. S. Augustine writing against Parmenian the Donatist that would with 1. The testimony of the Fathers Aug. p. 1. Cont. Epistâ—lam Parmon our Disciplinarians that are the very brood of those Donatists unarme the King of his Spiritual Sword saith An forte de Religione fas non est ut dicat Imperator vel quos miserit Imperator Cur ergo ad Imperatorem vestri venerunt legati Cur eum fecerunt causae suâ— judicem Is it not lawful for the Emperour and so the Prince or whomsoever he shall send to treat and determine matters of Religion If you think it is not Why did your Messengers then come unto the Emperour And why did they make him the Judge of their cause Whereby you see S. Augustine judgeth the Emperour or any other Supreme Prince to have a lawful power to hear and to determine the points and matters controverted among the Bishops and so to have a Spiritual jurisdiction as well as a Temporal Nicephorus also in his Preface to the Emperour Immanuel saith Tues Nicephorus in praefatione ad Immanuel Imperat Dux professionis fidei nostrae tu restituisti Catholiâ—am Ecclesiam reformasti Ecclesiam Dei à mercatoribus coelestis Doctrinae ab hâ—reticis per verbum veritatis Thou art the Captain of our Profession and of the Christian Faith and thou hast Restored or Reformed the Catholick Church and cleansed it from those Merchants of the heavenly Doctrine and from all the Hereticks by the word of Truth And I think nothing can be said fuâ—â—er and clearer than this to justifie the Spiritual jurisdiction of the Prince and Supreme Magistrate in causes Ecclesiastical Yet Theodoret and Eusebius say as much Theodoretus l. 1 c. 7. of Constantine the Great 2. You may read in the Council of Chalcedon That all the Bishops and 2. The testimony of the Councils Clergy that were gathered together to that place as the Members of our Parliament use to do were wont to lay down the Canons they had agreed upon in the Council until the Emperour should come to confirm them with his Royal assent and when the Emperour came they said These Decrees seem good unto us if they seem so to your Sacred Mâ—jesty And the Bishops of the Council of Constantinople that was after the first Council of Ephesâ—s Concil Chalcedon Artic. 1. pag. 831. wrote thus submissively unto the Emperour Theodosius We humbly beseech your Clemency that as you have honoured the Church with your Letters by which you have called us together Ita finalem conclusionem decretorum nostrorum corrobores sententia tua sigillo So you would be pleased to strengthen and confirm the last conclusion of our Decrees by your Royal
Sentence and Seal 3. As the Fathers and Councils do thus acknowledge the Emperours 3. The testimony of Popes and Papists right in the Spiritual jurisdiction So many of the Popes and Papists themselves have confest the same truth and yielded the same right unto the Empâ—rour and other Soveraign Magistrate in the Church and Church-matters and over all the parsons belonging unto the Church for Platina that 〈◊〉 Plâ—tina in sâ—verino papa Library-keeper unto the Pope saith that Without the Letters 〈◊〉 the Emperour to confirm him the Pope is no lawfull Pope and 〈◊〉 great Scholar saith The Pope may be accused before the Emperour of and Zabarella de Schismaie Conciliis for any notorious crime and publick scandalous offence Imperator potest à papa requirere rationem fidei and the Emperour may inquire and call the Pope to yield an account of his faith and Religion And so many of the better Popes were not ashamed to confess the same for Saint Gregory who for his great learning and piety was sirnamed the Great writing unto Mauritius the Emperour saith Imperatori obedientiam Theodoret l. 2. c. 16. praebui pro Deo quod sensi minimè tacui I have yielded all obedience unto the Emperour and what I conceived to be truth and for God I concealed it not and before Saint Gregâ—ries time Pope Liberius being convented 2 q. 4. Mandastis to appear before Constantius denied not most readily to obey his summons So did Pope Sixtus upon the like complaint appear to purge himself before Valentinian and Pope Leo the third before Charles the Great And 2. q. 7. Nos si it is registred that Pope Leo the 4th wrote unto the Emperour Lodouick saying Si incompetenter aliquid egimus justae legis tramitem non conservavimus Epist Eleâ—th inter leges Edovard admissorum nostrorum cuncta vestro judicio volumus emendare If we have done any thing unseemly and amiss and have not observed and walked in the right path of the just law we are most ready and willing to amend all our admissions or whatsoever we have done amiss according to your judgment and Pope Eleutherius saith to Edward the â— of England Theodoretus l. 2. c. 1. Vos est is Vicarius Dei in Regno vestro that he and so every other King is Gods Vicar in his Kingdom This was the mind and sense of these Popes and many other Popes in former ages were of the same mind until pride avarice and ambition corrupted them to be as now they are And as God hath given this power and required this duty of Kings and How the Emperour and Kings executed the power that God had given them Princes to have a care of his Church and to reform Religion and the Fathers and Councels have confirmed this truth and divers of the very Popes themselves and Papists have yielded and submitted themselves unto their spiritual jurisdiction even in the Ecclesiastical causes so the Emperours and Kings omitted not to execute the same from time to time especially those that had the master power and ability to discharge their duties for Theodoret writes that Constantine was wont to say Si episcopus Idem l. 1. c. 7. turbas det mea manu coercebitur If any Bishop shall be turbulent and troublesome he shall be refrained and censured by my hands and both Theodoret and Eusebius tels us how he came in his own person unto the Councell of Sozom. l. 4. c. 16. Nice Et omnibus exsurgentibus ipse ingressus est medius tanquam aliquis Dei coelestis Angelus the whole company of the Bishops and all the rest arising he came into the midst amongst them as it were an Heavenly Angel of God And Sozomen writeth how that ten Bishops of the East and ten others of the West were required by Constantine to be chosen out by the Convocation Conciliorum Tom 2. In vita Sylvani vigâ—â—i and to be sent to his Court to declare unto him the decrees and canons of the Councell that he might examine them and consider whether they were consonant to the Holy Scriptures And the Emperour Constantius deposed Pope Liberius of his Bishoprick and then again he deprived Pope Foelix and restored Liberius unto the Popedom and in the third Councell at Costantinople he did not only sit among the Bishops but also subscribed Concil Bonâ— 3. c. 2. with the Bishops to such bills as passed in that Councell saying Vidimus Subscripsimus we have seen these canons and have subscribed our approbation of them And King Odoacer touching the Affairs of the Church saith Miramur quicquam tentatum fuisse sine nobis We do admire that you should attempt to do any thing without us for while our Bishop lived that is the Pope sine Nobis nihil tentari oportuit Nothing ought to be done without us much less ought it to be done now when he is dead And the Emperour Justinian doth very often in Ecclesiastical causes use Authent Collat. â—â—it 6. to say Definimus jâ—bemus We determine and command and we will and require that none of the Bishops be absent from his Church above the Quomodo oportet Episcop space of a year and he saith further Nullum genus rerum est quod non sit penitus quaerendum Authoritate Imperatoris there is no kind of matter that may Authent Collat. Tit. 133. not or is not to be inquired into by the Authority of the Emperour because he hath received from the hands of God the common government and principality over all men And the same Emperour as Balsamon saith Balsamon de Peccat Tit. 9. Idem in Calced Concil c. 12. Idem de fide Tit. 1. gave power to the Bishop to absolve a Priest from pennance and to restore him to his Church And the same Author saith that the Emperours disposed of Patriarchal seats and that this power was given them from above and he saith further that the Emperour Michael that ruled in the East made a law against the order of the Church that no Monk should serve in the Ministry in any Church whatsoever And we read further how that divers of the Emperours have put down Evodius inter decreta Bonifacii 1. Vâ—sbergen anno 1045. and deposed divers Popes as Otho deposed John 13. Honorius deposed Boniface Theodoricus deposed Symma hus and Henry removed three Popes that had been all unlawfully chosen and in the Councel of Chalcedon the Supreme Civil Magistrate adjudged Dioscorus Juvenalis and Thalassus three Bishops of Heresie and therefore to be degraded and to be thrust out of the Church And so you see how the Emperours Kings and Civil Magistrates behaved themselves in the Church of God and used their power and the Authority that God had given them as well in the Spiritual and Ecclesiastical Affairs of the Church and points of Faith as in the Civil
or some part of the Tythes of an impropriate Church for the inlarging of their Larder-house And that you need not doubt of this I must here set down what you may find in Mr. Crashaws Epistle to Mr. Pâ—rkins second Treatise of the Duties of the Ministry that in one County of the Kingdom of England the East riding of the County of York there are contained one hundred and five Parishes whereof nigh an hundred or the full number of an hundred are of this hateful name and bastardly title of Impropriations and some of them are of yearly value of four hundred pounds others worth three hundred pounds per annum others two hundred pounds and almost all worth one hundred pound a year and yet the Minister's part is ten pound stipend yea some have but eight pounds and some but six pounds and some but four pounds to live upon for the whole year and out of the Great Benefice of four hundred pounds a year the Minister had but eight pound per annum until of late with much labour ten pounds yearly for a Dr. Gardiner in his Scourge of Sacriledge Preacher And saith mine Author the most of the Churches in the properest Market-Towns of this Kingdom are thus held and retained by our Nobility and Gentry And so I found it in my Diocess of Ossory in the Kingdom of Ireland that the Impropriations had so swallowed up the Tythes and the Revenues of the Churches that as I shewed it in my Remonstrance to his Majesty six or seven Vicaridges united together will scarce make twenty pound a year for the Preacher Et durus est hic sermo for hereby the people perish and as the Prophet saith The poor Children cry for Bread and for want of means to maintain the Ministers there is none that is able to give it them I know King Henry the 8th that could cause his Parliaments as I ever understood from the old Parliament men of those times to make what Laws and to conclude what Acts of Parliament he pleased got many Laws to be made and many Acts to pass to justify and to make good and Lawful the Taking away Leasing Selling and Alienating the Tythes Lands Houses and Possessions of the Church and of our High Priest Jesus Christ from his servants to be inherited by lay persons and many other Acts of Parliaments have been made since that time to the same purpose which very thing we conceive as I have shewed to be very High Sacriledge and a robbing of Jesus Christ and the obstructing of his service and we fear the cause of the perishing of many souls And therefore how the Shield of the Pope's Authority that was the first Foster-Father of this execrable and accursed title of Impropriation or the power of King Henry the 8th that would expunge the Pope's Sacriledge with a greater Sacriledge and be the second Patron of this Bastard brood or all the pretences of the now detainers of the Tythes and portion of Christ and the Lands Houses and Possessions of the Church by these Humane Laws can bear off the blow of Gods wrath and turn aside the fierceness of his vengeance when in the day of his fury he shall powre out the full vial of his indignation upon the head of all Sacrilegious persons and upon the children and posterity of them that have devoured the Lords inheritance and laid wast his dwelling place I can no waies understand neither do I know how to give them any comfort or counsel but to advise them to a full and timely Restitution of that which otherwise will be their utter destruction Quia non remittitur peccatum donec restituatur August ad Maced Epist 54. oblatum cum restitui potest The sin shall never be remitted and blotted out of Gods book until the Tythes and goods of Gods Church be restored when men can restore them and will not do it 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 YOu have heard of the first part of the Ministers maintenance the second part consisteth in the voluntary Oblations or Free-wil-offerings of the people which the Lord requireth should be done according as every one in his own heart thought good to bestow upon the service of God and what they did offer in this kind was most acceptable in the sight of God For this is a Principal Branch of that Honor which we yield unto God by and with our substance which we are injoyned to do Prov. 3. 9. Because what we relieve the poor with is not so much our alms as their exigence which as necessity exacts it so it is soon passed and as quickly perisheth but those Donations that were given for the service of God as they savour of a more inward and deeper piety so they are of a more lasting substance and besides the eternal Treasures which men do thereby lay up for themselves they do provide for the perpetuity of Religion unto the after-ages of men and may be justly said to Honour God not only in themselves but in all those likewise which they gain by their Donations to Honor him And it is strange and marvellous to consider how liberal and how free the people of old time were in their Donations and Free-wil-offerings to maintain the Worship of God and to do any thing that did any wayes appertain to his service for if you look into the 36. Chapt. of Exod. vers 5. you shall find how Bezaleel and Aholiab spake unto Moses saying The people bring much more then enough for the service of the work which the Lord hath commanded to be made and Moses gave commandment and caused Exod. 36. 5 6 7. it to be Proclaimed through the Camp that they should bring no more for that they had already brought enough and too much So they that returned out of Babylon were as ready and as willing to offer up their gifts and free-wil-offerings for the service of the Temple as their Forefathers were for the erecting of the Tabernacle as you may see it in the books of Ezra and of Neh 7. 70. c. 10. 33. Nehemiah But the Christians of the Primitive Church were so zealous herein that they exceeded all that went before them in their Donations and Free-wil-offerings for the service of God and the increase of the Christian Religion for they sold their Lands and Possessions and laid the prizes thereof at the Apostles feet and had all things in common among themselves And Pope Vrban the I. instituted Vt eâ—clesias praedia ac fundos fidelibus oblatos Platin. in Vrban â—piscopus recipereâ— partireturque proventus clericis omnibus viritim
Religion should be revenged with humane fire or that it should grieve us to suffer wherein we are commended for suffering Nazianzen that for his soundnesse of judgement and profoundnesse of Nazian Orat. 1. knowledge was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 termed Theologus the Divine saith that the fury of Julian that great Apostata was repressed onely with the tears of the Christians which many of them did most plentifully powre forth to God when they had no other remedy against their Persecutor because Mark that they ay it is unlawful to resist they knew it unlawful for them to use any other means then sufferance or else they might having so much strength as they had have repelled their wrongs with violence Saint Ambrose saith as much and Prosper in like manner saith The present Ambros ep 33. evils should be suffered untill the promised happinesse doth come the Infidels should be permitted among the faithful and the plucking of the tares should be deferred and let the wicked rage against the godly as much as they will yet the case of the righteous is far better because that Quantò acriâ—s impeâ—untùr tantò gloriosiâ—s coronantur by how much the Prosper in sent 99. more sharply they are tormented by so much the more gloriously they shall be crowned And Saint Bernard saith If all the world should conspire against me and conjure me that I should plot any thing against the royal Majesty yet I would fear God and would not dare to offend the King that is appointed Bernard Ep. 170. of him over me because I am not ignorant of the place where I read Whosoever resisteth the Power resisteth the Ordinance of God And yet he speaketh this of King Lodovicus that offered a monstrous wrong to all the Clergy when he robbed them and took away all their goods without cause and which is worse would hear of no perswasions to make restitution or to give them any satisfaction as Gaguinus Gaguin lib 6 testifieth Thus the Fathers whereof I could heap many more do testifie of this The Schoolmen of the same judgement truth and the School-men tread in the same steps and differ not a nails breadth from them herein For Alexander Hales saith wicked and evill men ought to suffer for the fault of their irrationability and good men ought to suffer Propter debitum divinae ordination is for the duty that they owe to the divine ordinance and the benefit of their own purgation Whereupon Saint Ambrose saith Ambrosius in Rom. 13. If the Prince be good he doth not punish the well-doer but loveth him because he doth well but if the Prince be evill and punisheth the well-doer he hurteth him not but purgeth him and therefore he is not a terrour to him Alex. Hales p. 3. q. 48. memb 2. art 1. de offic subd erga Princ. that doth well but the wicked ought to fear because Princes are appointed that they should punish evill Aquinas saith The faith of Christ is the beginning and the cause of righteousnesse and therefore by the faith of Christ the order of Justice is not taken away but rather setled and strengthened because as our Saviour saith It became him to fulfill all righteousnesse But the order of justice doth require that all inferiours should obey their superiours otherwise the estate of humane affairs could no ways be preserved and therefore by the Tham. secunda secundae q. 104. art 6. faith of Christ the godly and the faithful Christians are neither exempted nor excused but that they are tyed and bound by the Law of Christ to obey their secular Princes Where you see the Christian faith doth not submit the superiour to the inferiour contrary to the rule of justice neither doth it any wayes for any cause permit the power of the sword to any subject to be used against his Prince because this inordinate power would turn to the ruine of man-kind and the destruction of all humane affairs which can no otherwise be preserved but through the preservation of the order of justice Indeed many times there may happen some just causes for which we are Wherein we may disobey and how not bound to obey the commands of our Magistrates as when they command any thing contrary to the commandements of God and yet then there can be no cause why we should withstand him that executeth the unjust sentence of our condemnation or requireth the punishment that an unjust malitious Magistrate under the colour of his power and authority hath most unjustly laid upon us because he hath as our Saviour saith unto Pilate this ordinary power from God which if he doth abusâ— he is to be refrained not by the preparation of arms and the insurrection of his subjects to make impressions upon their Soveraign but by those lawful means which are appointed for them that is Petitions unto him and prayers and tears unto God for him because nothing else remaineth to him that is guilty or condemned as guilty for any fault but to commit his cause to the knowledge of the omnipotent God and to expect the judgement of him which is the King of Kings and the Judge of all Judges and will undoubtedly chastize and correct the iniquity of any unjust sentence with the severity of eternal justice as Barclay saith Barcl l. 3. c. 10. These testimonies are clear enough and yet to all these I will adde this one memorable example which you may read in Berchetus and Joh. Servinus Berchetus in explicat controvers Galli cana cap. 7. which tells us that in France after the great Massacre at Paris when the reformed Religion did seem as it were forsaken and almost extinguished a certain King powerful in strength rich in wealth and terrible for his Ships and navall Force which was at enmity and hatred with the King of France dispatched a solemn Embassie and Message unto Henry King of Navarre and other Protestant Lords and commanded his Embassadors to do their best to set the Protestants against the Papists and to arm Henry the Prince of Navarre which then lived at Bearn under the Dominion of the most Christian King against his Soveraign the French King which thing the Embassadours endeavoured to do with all their art and skill but all An example of a faithful and excellent subject in vain for Henry being a good subject as it were another David to become a most excellent King would not prevent the day of his Lord yet the Embassadours offered him many ample fair and magnificent conditions among the rest abundance of money the summe of three hundred thousand Aureorum Scutatorum French Crowns which were ready to be told for the preparation of the warre and for the continuation of the same there should be paid every moneth so much as was necessary but Henry being a faithful Christian a good Prince a Widower and though he was displaced from the publique government of the Common wealth and
him Had Zimri peace which slew his Master to whom he might have answered He breaks no Law that obeyeth the commands of the Law-maker no more then the Israelites could be accused of theft when they did rob the Aegyptians or Abraham of murder if he had killed Isaac but without this special command he could not have done this extraordinary work without sin and therefore that which he could not do then without the warrant of the heavenly Oracle cannot be done now by any other without Jehu's example not to be imitated the contempt of the Deity the reproach of Majesty and abundance of dammage to the Common-wealth And so not onely I but also Peter Martyr commenteth upon the place where he saith God stirred up and armed one onely Jehu against his Lord which fact as it is peculiar and singular so it is not to be drawn for any example for certainly if it might be lawfull for the people upon any pretence to expell their Kings and Governours though never so wicked and unjust from their Kingdomes and government no Kings or Princes could be safe in any place for though Petrus Martyr loâ— com class â— loc 20. they should raign never so justly and holily yet they should never satisfie the people but they would still accuse them of injustice and impiety that they might depose them And Bodinus in his Policy differeth not at all from this Divinity for he saith If the Prince be an absolute Soveraign as are the Kings of France Spain England Scotland Aethiopia Turkie Persia Muscovie and the like true Monarchs whose authority cannot be doubted and their chief rule and government cannot be imparted with their subjects in this case it is not lawful for any one apart nor for all together to conspire and attempt any thing either of fact or under the colour of right against the life or the honour of his Prince or Monarch yea though his Prince should commit all kind of impiety and cruelty which the tongue of any man could expresse For as concerning the order of right the subject hath no kind of jurisdiction against his Prince from whom dependeth and proceedeth all the power and authority of commanding as they that rise against their King do notwithstanding send out their Warrants and Commands in the Kings name and who not onely can recall all the faculty of judging and governing from his inferiour Magistrates whensoever he please but also Johan Bodinus de repub l. 2. l. 5 being present all the power and jurisdiction of all his under-Magistrates Corporations Colledges Orders and Societies do cease and are even then reduced into him from whom before they were derived But we find it many times that not the fault of the Prince nor the good The true causes that move many men to disturb the State and to rebell of the Common-wealth but either the hiding of their own shame or the hope of some private gain induceth many men to kindle and blow up the flames of civil discord for as Paterculus saith Ita se res habet ut publicâ ruinâ quisque malit quà m suâ proteri It so falls out that men of desperate conditions that with Catiline have out-run their fortunes and quite spent their estates had rather perish in a common calamity which may hide the blemish of their sinking then to be exposed to the shame of a private misery and we know that many men are of such base behaviour that they care not what losse or calamity befalls others so they may inrich themselves so it was in the civil warres of Rome Bella non causis inita sed Paterculus in Histor Roman prout merces eorum fuit they undertook the same not upon the goodnesse of the cause but upon the hope of prey and so it is in most warres that avarice and desire of gain makes way for all kind of cruelty and oppression and then it is as it was among the Romans a fault enough to be wealthy and they shall be plundered that is in plain English robbed of their goods and possessions without any shew of legal proceedings But they that build their own houses out of the ruine of the State and make themselves rich by the impoverishing of their neighbours are like to have but small profit and lesse comfort in such rapine because there is a hidden curse that lurketh in it and their account shall be great which they must render for it Therefore I conclude this point that for no cause and upon no pretext it is lawful for any subject to rebell against his Soveraign governour for Moses had a cause of justice and a seeming equity to defend and revenge his brother upon the Aegyptian And Saint Peter had the zeal of true religion and as a man might think as great a reason as could be to defend his Master that was most innocent from most vile and base indignities and to free him from the hands of his most cruell persecutors and yet as Saint Augustine saith Vterque justitiae regulam excessit ille Fraterno August contra Faustum Man l. 2â— c. 70. iste Dominico amore peccavit both of them exceeded the rule of justice and Moses out of his love to his brother and S. Peter out of his respect to his Master have transgressed the commandement of God And therefore I hope all men will yield that what Moses could not do for his brother nor Saint Peter for his Master and the religion of his Master Christ that is to strike any one without lawful authority ought not to be done by any other man for what cause or religion soever it be especially to make insurrection against his King contrary to all divine authority for the true Religion hath been always humble patient and the preserver of peace and quietnesse and as Saint Augustine saith the City Pro temporall salute non pugnavit sed pâ—tiâ—s ut obtineret â—ternam non repugnavit Aug. de Civit. l. 22. c. 6. of God though it wandred never so much on earth and had many troopes of mighty people yet for their temporal safety they would not fight against their impious persecutors but rather suffered without resistance that they might attain unto eternal health And so I end this first part of the objection with that Decree of the Councell of Eliberis If any man shall break the Idols to pieces and shall be there killed for the doing of it because it is not written in the Gospel and the like fact is not found to be done at any time by the Apostles it pleased Concil Eliber Can 60. the Councel that he shall not be received into the number of Martyrs because contrary to the practice of our dayes when every base mechanick runs to the Church to break down not Heathen Idols but the Pictures of the blessed Saints out of the windows they conceived it unlawful for any man to pull down Idolatry except he had a lawful
of an absolute and a Politick Monarch with his two-leaves discourse upon the same is so false and so frivolous that as Saint Bernard saith of the fooleries of Abailardus it deserveth rather Fustibus contundi quà m rationibus refelli for Aristotle tels us that the Aristot Polit. l. 4. Supreme Power of all Government which resideth in every absolute Monarch and doth constituere Monarcham give being unto the Monarch consisteth chiefly in these three distinct branches 1. Legislative to make and repeal Laws The Supreme Power of every Government wherein it consisteth 2. Bellative to pronounce War and conclude Peace 3. Judicative decisively to determine all crimes and causes whatsoever And when this threefold power is not penes unum but penes optimates then it is no Monarchy but an Aristocracy and when it is penes populum then it is neither of those but a meer Democracy or popular Government And therefore our Kings having the sole power First to make War and conclude Peace at their own pleasure and have called Parliaments only to supply their wants and to add their counsel and assistance therein Secondly to make Laws and repeal them when they please save only that they promised to their people and obliged themselves not to do it without the advice of their Parliament And thirdly to judge all their Subjects according to their Laws It is most apparent that our Kings are most absolute Monarchs as Cassaneus Bodinus Sir Thomas Smith and all that wrote of this Kingdom do peremptorily affirm And though I deny not Bodins distinction of a Lordly Monarch a Bod l. 2. c. 2 3. Royal Monarch and a Tyrannical Monarch which sheweth only the Power and the Practice of the Monarch yet I say That the distinction of an absolute and mixed Monarchy which defigneth the manner of the Government is a meer foppery and a ridiculous distinction Because that Government which extendeth it self to more than one can never be a Monarchy as every man knoweth that understandeth the word Monarch These and many more such injuries and insufferable indignities they have offered unto our King and so indeed unto the whole Kingdom which they durst not have offered to any Tyrannical King that would have ruled them with his iron Rod but as the mercy of God emboldeneth wicked men to proceed in their abominations so the lenity and goodness of this pious Prince and nothing else in him encouraged these factious and ambitious men the people greedy of a licentious Liberty and the Nobility and Gentry of Rule which is their natural disease thus to usurpe the Rights of our King and to raise this miserable War CHAP. XII Sheweth the unjust proceedings of this Faction against their fellow-Subjects set down in four particular things 2. LEst they should be thought juster to their fellow Subjects than they 2. Their proceedings against the Subjects wherein I shall in most points set down what I find in the Remonstrance of the Commons to the House of Commons and what I collected out of other Writers of the best credit are to their Soveraign King you may observe what I find related of them 1. That besides the Act which they composed and procured it to passe for the Pole-money wherein they shew their exceeding great love to the Clergy as to make Deans whose Deanaries were scarce worth 100. l. apiece per annum to pay 40. l. per pole equall with the Lords and Aldermen of London and many Prebendaries to pay more than the annual worth of their Prebends and the like many passages of their respect to the Ministers and some other particulars which I passe without reproof because the Act is passed There were monies advanced by gift and by adventure and Souldiers were prepared for Ireland to reduce those Rebels to their former obedience and to restore the Kings distressed Subjects to their rights and possessions but the great neglect they shewed to discharge this duty the Souldiers that were sent being left almost altogether unpaid to be starved and exposed to the mercy of their merciless enemies and we the poor English that were robbed and spoiled of our goods and lands left not only unrelieved but also twitted with that scandal for our comfort that we were worthily expelled by the Irish and left unregarded by the English because we were but as the Samaritanes neither Israelites nor Pagans or as the Turks that partaking with the Jews and the Christians are neither 1 How they neglected the distresled Subjects of Ireland Jews nor Christians So the English in Ireland were just Laodicean like neither hot nor cold neither English nor Irish neither zealous Papists nor true Protestants and therefore worthily to be spued out of the mouth of all men which is the comfort we have of them and which puts us in a desperate condition unlesse his Majesty will be pleased to take another course to relieve us to be left as a prey to be destroyed betwixt two sorts we know not which more cruel enemies and makes us believe that the monies are diverted and the Souldiers detained to continue this unnatural War against our King that so by losing the Kingdom of Ireland they might the sooner destroy the Kingdom of Old England to bring the Kingdom of New England amongst us And besides this simple conversion of the Irish monies it is almost incredible to consider how unjustly they have dealt with the English Subjects to get money for to let abundance of other particulars pass the Earl of Manchester in the night time fetched away six thousand pounds as I understand that were collected for the repairing of Saint Andrews in Holbourn and the great sums of money that we gathered for London-derry Sober sadnesse p. 21. and for Brainceford were imployed by these Zelots not to maintain the lives of those distressed people but to destroy the lives of loyal Subjects and to prove themselves right Iscariots they brake into the Hospital at Gilâ—ord in Surrey and took four thousand pounds from the poor Lazars But as the Romans dealt with their neighbours Territories when they were made their Arbitrators so these men dealt as finely with the lading of that Ship called Sancta Clara for while the Merchants disputed about the goods these just Judges to reconcile the difference seize upon all and twenty thousand pound must be lent them before the right owner can receive them I might fill my papers with such examples 2. They have made an Ordinance that the twentieth part of mens 2. How they take what part they will of our estates Wheâ—eas they object That in the raign of King John and others â—f our king the twentieth fifteenth tenth or seventh part hath been given I answer in one word Never apart by the two Houses without the King and against the king as they do estates must be paid towards the maintenance of this Rebellion and they do appoint those that upon their discretion shall value that
no better then not to run at all and men were as good to do nothing as to do amiss and therefore true knowledge is most requiâ—te for that King that will maintain 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 special means to beatisie or make happy both the Church and Common-Wealth As the neglect thereof brought ignorance unto the Church and ruine The kings neglect of religion and the Church is the destruction of the Common-wealth to the Romane Empire for as in Augustus time learning flourished and in Constantines time piety was much embraced because these Emperours were such themselves so when the Kings whose examples most men are apt to follow either busied with secular affairs or neglecting to understand the truth of things and the state of the Church do leave this care unto others then others imitating their neglect do rule all things with great corruption and as little truth whereby errours and blindness will over-spread the Church and pride covetousness and ambition will replenish the Common-Wealth and these vices like the tares that grow up in Gods field to suffocate the pure Wheat will at last choake up all virtue and piety both in Church and State Therefore to prevent this mischiefe the King on whom God hath laid the care of these things ought himselfe what he can to learn and finde out the true state of things and because it is â—ar unbefitting the honour and inconsistent with the charge of great Princes whose other affairs will not permit them to be alwayes poring at their books as if they were such critiques as inteâ—ded How kings may attaine unto the knowledge of religion and understand the state of the Church and how to govern the same 1. To call able Clergy-men about them to exceed all others in the theorick learning like Archimedes that was in his study drawing soâ—th his Mathemaâ—icall figures when the City was sackt and his enemies pulling down the house about his eares therefore it is wisdome in them to imitate the disâ—reâ—t examples of other wise Kings and religious Emperours in following the mâ—ans that God hath left and using the power and authority that he hath given them to attain unto more knowledge and to be better instructed in any religious matter then themselves could possibly attaine unto by their own greatest study and that is 1. As Alexander had his Aristotle ready to inform him in any Philosophicall doubt and Augustus his pâ—ime Orators Poets and Historians to instruct him in all affairs so God hath granted this power unto his Kings to call those Bishops and command such Chaplaines to reside about them as shall be able to informe them in any truth of Divinity and so direct them in the best forme of Government of Gods Church and these Chaplains should be well approved both for their learning and their honesty for to be learned without honesty as many are is to be witty to do evill which is most pernitious and doth often times make a private gaine by a publique loss or an advantage to themselves by the detriment How they should be qualified of the Church and to be honest without knowledge or to have knowledge without experience especially in such places of eminency and for the affaires of importance may be as dangerous when their want of skill may counsel to do matters of much hurt but when both are met together in one person that man is a fit Subject to do good service both to God and the King and the King may be assured there cannot be a better furtherance to assist him for the well ordering of God's Church then the grave advice and directions of such instruments as it appeareth by that memoâ—able example of King Ioas left to be remembred by all Kings who whilst the wise and religious Priest Jehoiada assisted and directed him had all things successefull and happy to his whole Kingdome but after Jehoiada's death the King destitute of such a Chaplain 2 Reg. 12. 2. to attend and such a Priest to counsel him all things came speedily to great ruine Therefore I dare boldly avouch it they are enemies unto Kings and the underminers of God's Church and such instruments as I am not able to express their wickedness that would exclude such Jehoiada's from the Kings counsel for was not Saul a wicked King and Ahab little better yet Saul would have Samuel to direct him though he followed not his direction and Ahab would ask counsel of Micaiah though he rejected the same to his own destruction and King David though never so wise and so great a Prophet and Josias and Ezechias 1 Reg. 22. 16. and all the rest of the gooâ— Kings had always the Priests and the men of God to be their Counsellors 〈◊〉 followed their directions especially in Church causes as the oracles of God so wicked Herod disdained not to hear Mar. 6 20. John the Baptist and to be reformed by him in many things and happy had he been had he done it in all things And if you read Eusâ—bius which is called Pamphilus for the great love he bare to that his noble Patronâ— and Sâ—crates and the rest of the Ecclesiastical â—istorians or the Histories of our own Land you shall finde that the best Kings and greatest Empeâ—ours had the best Divinâ—s and the most reverend Bishops to be their chiefest Counsellors and to be imployed by them in their weightiest affairs How then hath the Devil now prevailed to exclude them fâ—om all Counsels and as much as in him lyeth fâ—om the sight of Princes when he makes it a suspicion of much evil if they do but talk â—ogethe How hath he bewitched the Nobility to yield to be deprived of their Chaplains Is it not to keep them that have not time to study and to finde out truth themselves still in the ignorance of things and to none other end then to overthrow the true religion and to bring Kings and Princes to confusion â— When the King seeth cause God hath given him power and authority to 2 To call Synods to discuss and conclude the harder things call Synodâ— and Councils and to assemble the best men the most moderate and most learned to determine of those things together which a fewer number could not so well or at least not so authoritatively conclude upon for so Constantine the Great called the great Council of Nice to suppress the Heresâ—e of Arius Theodosius called the Council of Ephesus in the case of Nâ—storius Valentinian and Martian called the Council of Calcedon against Eâ—tyches Justinian called the Council of Constantinople against Severus that renewed the Heresie
Statute 25 Hen. 8. Ob. But then it may be demanded if this be so that the Laity hath no right Ob. in making Lawes and Decrees for the government of God's Church but that it belongs whâ—lly unâ—o the King to do it with the advice of his Bishops and the rest of his Clergy then how came the Parliament to annul those Canons that were so made by the King and Clergy because they had no vote nor consent in confirming of them Sol. Truely I cannot answer to this Objection unless I should tell you what Sol. the Poet saith Dum furor in cursu currenti cede furori Dâ—fficiles aditus impetus omnis habet They weâ—e furiously bent against them and you know furor arma ministrat dum regnant arma â—lent leges all Lawes must sleeâ— while Armes prevaile besides you may finde those Canons as if they had been prophetically made fore-saw the increasing strength of Anabaptisme Brownisme Puritanisme most likely to subvert true Protestantisme and therefore were as equally directed against these Sectaries of the left hand as against the Papists on the right hand and I think the whole Kingdom now findes and feels the strength of that virulent â—action and therefore what wonder that they should seek to break all those Canons to pieces and batter them down with their mighty Ordinances for seeking to â—ubdue their invincible errours or else because as they say the Eâ—clesiâ—stical State is not an independent society but a member of the whole the Parliament â—â—s 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 Kingdom which claim this priviledge to be tyed to the observation of no humane Lawes that themselves by their representatives have not consented unto 2. As the King is intrusted by God to make Lawes for the government of 2. To grant dispensations of his own Lawes the Church of Christ so it is a rule without question that ejus est dispensare absolvere â—njus 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 do the same it is a most impudent scandal full of all malice and ignorance not to be endured by any well affected Christian that the new brood of the old Anabaptists do lay upon our Church and State that they did veâ—y unreasonably and unconscionably by their Lawes grant Dispensations both for Pluralities and Non-residency onely to further the corrupt desires of some few to the The scandals of the malicious ignorants against the worthier clergy infinite wrong of the whole Clergy besides the hazard of many thousands of souls the intolerable dishonour of Gods truth and the exceeding disadvantage of Christ his Church for seeing God hath principally committed and primarily commended the care of his Church and service unto Kings who are therefore to make Laws 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 do these three things 1. To grant that grace and favour unto their Bishops and other Ecclesiastical Three special points handled persons as to admit them of their counsel and to undertake secular authority and civil 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 dispence with the transgressions and to remit the fault of the transgressours For 1. Though the world relapsed from the true light and declined from the sincere 1 Point Religion to most detestable superstition yet there remained in the people certain impressions of the divine truth that there was a GOD and that this The great respect of the Clergy in former ages Saravia l. 2. c. 2. p. 103. 1. Among the Gentiles Osor p. 231. De tota Syria Palestina refert Dion l. 37. quòd rex summi Pontificis nomen habeat Strabolib 2 Apud Tertul. advers Valent. Hermetem legimus appellari Mâ—x sacerdotem maximum regem Cicero l. 2. de legibus Diotogenes apud Sâ—obâ—d cit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aethiopeâ— reges suos del gebant er numero sacerdotum Diodor l 3. c. 1. Titus Vespas Pontificatum maximum iâ—ed sese professus est accipere ut puras servaret manus Sueton iâ— Tito cap. 9. In Aritia regnum erat concretum cum sicerdotio Dâ—anae ut innâ—it Ovid De arte amandi lib. 1. Ecce suburbanae templum nemorale Dianae Parâ—áqâ—e per gâ—adios regna nocente manu Strabo lib. 5. God was religiously to be worshipped and those men that taught the worship of that God how fowly soever they did mistake it were had in singular account and supereminent authority among all Nations and as Saravia saith they were compeers with Kings in their Government so that nothing was done without their counsel and consent and as Theseus was the first that Cives Atticos è pagis in uâ—bem compulit and put the difference betwixt Nobles Husbandmen and Artificers so the Priests were always selected out of the noblest families and were ever in all their publick 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 that the Priests of Bellona which were in Pontus and Cappadocia for that Goddess was honoured in both places were regarded with the greatest honour next to the King himself and the Romans that were both wealthy warlike and wise did almost nothing without the advice and counsel of their Priests I will omit what Valerius Maximus setteth down of their care of Religion and their great respect unto their Priests and religious persons and I will refer you onely to what Tully writeth of this point where he saith that the greatest and 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 Magistracy and it was in their intire power either to give leave or not to give leave to deale with the people or not to deal to repeal Laws not lawfully made and to suffer nothing to be done by the Magistrate in peace or war without
do because the God of Heaven that hath built his Church upon a rock and will not turn away his face from his Anointed will so bless our King that it shall never be with him as it was with Zedechia when it was not in hâ—s power to save Gods Prophet but said unto his Princes Behold he is in your Jeâ—em 28. 5. hand for the King is nâ—t he that can do any thing against you yet as Mordecai said to Hester God will send enlargement and deliverance unto his Church and Hester 4. 14. they and their fathers houses that are against it shall be destroyed because as Saint Peter saith we have forsaken all to become his servants that otherwise might have served Kings with the like hâ—nour that they do and we have left the world to build up his Church we put our trust under the shadow of his wings and being in trouble we do cry unto the Lord and therefore he will hear our cry and will helpe us and we sâ—all never be confounded Amen CHAP X. Sheweth that it is the Kings right to grant Dispensations for Pluralities and Non-residency what Dispensation is reasons for it to tolerate divers Sects or sorts of Religions the foure special sorts of false professors S. Augustines reasons for the toleration of the Jewes toleration of Papists and of Puritans and which of them deserve best to be tolerated among the Protestants and how any Sect is to be tolerated 2. WHereas the Anabaptists and Brownists of our time with what conscience 2. That the King may lawfully grant his dispensation for Pluralities and Non-residency I know not cry out that our Kings by their Lawes do unreasonably and unconscionably grant dispensations both for Pluralities and Non-residency onely to further the corrupt desire of some few aspiring Prelates to the infinite wrong of the whole Clergy the intolerable dishonour of our Religion the exceeding prejudice of Gods Church and the lamentable hazard of many thousand soules I say that the Pluralities and Non-residency granted by the King and warranted by the Lawes of this Land may finde sufficient reasons to justifie them In Anno 112. for if you consider the first limitation of Benefices that either Euaristus Bishop In Anno 636. of Rome or Dionysius as others thinke did first assigne the precincts of Parishes and appointed a certain compass to every Presbyter and in this Kingdome The first distribution of Parishes Honorius Arch-bishop of Canterbury was the first that did the like appointed the Pastorall charge and the portion of meanes accrewing from that compass to this or that particular person whereas before for many years they had no particular charge assigned nor any Benefice allotted them but had their Canonicall pensions and dividents given them by the Bishop out of the common stock of the Church according as the Bishop saw their severall deserts for at first the greater Cities onely had their standing Pastors and then the Countrey Villages imitating the Cities to allow maintenance according to the abilities of the inhabitants had men of lesser learning appointed for those places Therefore this limitation of particular Parishes being meerly positive and an Pluralities and Non-residency no transgression of Gods Law humane constitution it cannot be the transgression of a divine ordinance to have more Parishes then one or to be absent from that one which is allotted to him when he is dispenced with by the Law-maker to do the same for as it is not lawfull without a dispensation to do either because we are to obey every ordinance of the higher power for the Lords sake so for the higher power to dispence with both is most agreeable to reason and Gods truth for all our Gods Law admitteth an interpretation not a dispensation of it Lawes are either divine or humane and in the divine Law though we allow of interpretation quia non sermoni res sed rei sermo debet esse subjectus because the words must be applyed to the matter else we may fall into the heresie of those that as Alfonsus de Castro saith held it unlawfull upon any occasion to sweare because our Saviour saith sweare not at all yâ—t no man King nor Pope hath power to grant any dispensation for the least breach of the least precept of Gods Law he cannot dispence with the doing of that which God forbiddeth to be done nor with the omitting of that which God commandeth but in all humane Lawes so far as they are meerly positive and humane it is in Mans Law may be dispensed with the power of their makers to dispence with them and so quicquid sit dispensation superioris non sit contra praeceptum superioris and he sinneth neither against the Law noâ— against his own conscience because he is delivered from the obligation of that Law by the same authority whereby he stood bound unto it And as he that is dispensed with is free from all sin so the King which is the dispenser is as free from all fault as having full right and power to grant His dispensations â—or seeing that all humane Lawes are the conclusions of the Law of nature or the evidences of humane reason shewing what things are most benefiâ—iall to any society either the Church or Common-wealth and that experience â—eacheth us our reason groweth often from an imperfection to be more perfect when time produceth more light unto us we cannot in reason deny an abrogation and dispensation to all humane Lawes which therefore ought not to be like the Lawes of the Medes and Persians that might not be changed Aug. de libero arbit l. 1. and so Saint Augustine saith Lex humana quamvis justa sit commutari tamen pro tempore juste potest any humane Law though it be never so just yet for the time as occasion requireth may be justly changed dispensatio est juris communis relaxatio facta cum causae cognitione ab eo qui jus habet dispensandi Dispensation what it is and as the Civilians say a dispensation is the relaxation of common right granted upon the knowledge of the cause by him that hath the power of dispensing or as the â—tymologie of the word beareth dispensare est diversa pensare The reward of learning and vertue how to be rendered to dispense is to render different rewards and the reward of learning or of any other virtue either in the civill or the ecclesiasticall person being to be rendered as one saith not by an Arithmeticall but a Geometricall proportion and the division of Paâ—â—shes being as I said before a positive humane Law it cannot be denyed but the giver of honour and the bestower of rewards which is the King hath the sole power and right to dispose how much shall be given to this or that particular person If you say the Law of the King which is made by the advice of his whole Ob. Parliament hath already determined what
portion is fit for every one and what service is required from him I answer that the voice of equity and justice tells us that a generall Law Sol. doth never deâ—ogate from a speciall priviledge or that a priviledge is not opposite to the pâ—inciples of common right and where the Law it selfe gives this priviledge as our Law doth it yet enâ—y it selfe can never deny this right unto the King to grant his dispensation whensoever he seeth occasion and where the Law is tacite and saith nothing of any priviledge yet seeing in all Lawes The end of every Law is chiefly to be respected as in all other actions the end is the marke that is aimed at and this end is no oâ—her 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 Reasons of dispensations upon his Charge could possibly be as when his absence may be either for the recoveâ—y of his health or to discharge the Kings Embassage or to do his best to consute Heretiques or to pacific 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 principal care of Religion and the charge of all the People is committed by God himselfe and the power of executing his own 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 wills that he should not be able to do that good which God and Right and Law it selfe do give him leave and their envy towards other mens grace is a great deale more then either the grace of humility How God doth diversly bestow his gifts Matth. 25. 15. Gen. 43. 34. 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 and did not Joseph make Benjamins messe five times so much as any of his brethren's and have not some Lords six or eight or ten thousand pounds a year and some very good men in the Common-wealth and perhaps higher in God's favour not ten pounds a year 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 own 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 virtue 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 years deserve better far easier obtain another little one to keep with it then get what I dare assure you he would desire much rather * For who would not rather chuse one Living of an 100 l. a year then two of 50 l. a peice one Living of equall value to them both and shall the unlearned zeal of an envious minde so far prejudice a worthy man that the King 's lawful right shall be censured and his power questioned and clipped or traduced by this ignorant Zelot I will blesse my self from them and maintain it before all the world that the King's 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 sin no fault at all but an undoubted portion of the King 's right for the greater benefit both of the Church and State and the greater glory unto God himself And therefore most gracious King we humbly desire your Majesty suffer The Author's Petition to His Majesty not these children of Apollyon to pull this flower out of your Royal Crown to abridge you of your just right of granting dispensations for Pluralities and Non-residency which the Lawes of your Land do yet allow you and which they labour to annul to darken the glory of God's 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 fairly salute you as the Jews did Christ Haile King of the Jewes when God knows they hated him and stript him of all power I speak not of his Divinity either to govern them or to save himself 3. As the King hath right and power to grant his dispensations both of grace 3. The toleration of divers Sects and sorts of religions and of justice of grace when it is merely of the King ' 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 King's power and right to remit any offence that is the mulct or penalty and to absolve the offender from any or all the transgressions of his own Lawes from the transgression of God's 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 so the Jewes say who can forgive sins but God onely Yet as Mar. 2. 7. God which gives the Law can lawfully remit the sin and forgive the breach of the Law so the King which makes these positive Lawes cannot be denyed this As David pardoned Absolon and Solomon Abiathar power 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 capital crimes as treasons murders felonies and the like and if they may grant their pardons for the breach of the Law and remit the mulâ—â— 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 discuss how far the King in these Lawes of the Church may give exemptions and tolerations unto them whose consciences cannot submit
5. voice of the charmer charme be never so wisely or let them answer as our Saviour answered their grand instructor Vade Satana non tentabis for it is most Matth. 4. 10. true that Qui deliberat jam desivit he that listens to them is halfe corrupted by them and so they may prove destructive both to themselves and to their posterity for as nothing establisheth the Throne of Kings surer then obedience to God so nothing is more dangerous then rebellion against God with whom there is no respect of persons for he expecteth that as he made Kings his Vicegerents Rom. 2. 11. so they should feare him preserve the right of his Church uphold his service defend his servants and do all that he commands them intirely without taking the least liberty for feare of the people to dispense with any omission of his honour or suffering the hedges of his Vineyard the Governours of his Church to be trodden down and torne in pieces that the beasts of the field may destroy the grapes and defile the service of our God Therefore to conclude this point let all Kings do their best to hinder their People to corrupt the Covenant of Levi which is a Covenant of Salt that is to Malach. 2. 8. Deut. 33. 11. indure for ever let them remember Moses prayer Blesse Lord his substance and accept the worke of his hands smite through the loynes of them that rise against him and of them that hate him that they rise not again and let them alwayes consider that God taketh pleasure in the prosperity of his servants Psal 35. 27. CHAP. XI Sheweth where the Protestants Papists and Puritans do place Soveraignty who first taught the deposing of Kings the Puritans tenet worse then the Jesuites Kings authority immediately from God the twofold royalty in a King the words of the Apostle vindicated from false glosses the testimony of the Fathers and Romanists for the Soveraignty of Kings the two things that shew the difficulty of government what a miraculous thing it is and that God himself is the governour of the people HAving set down some particulars of the Kings right in the Government 2 The duty of the King in the government of the Common-wealth of Gods Church it resteth that I should shew some part of his right and duty to serve God as he is a King in the government of the Common-wealth touching which for our more orderly proceeding I will distribute my whole discourse into these five heads 1. To justifie his right to govern the people Five points handled 2. To shew the difficulty of this government 3. To set down the assistants that are to helpe him in the performance of this duty 4. To distinguish the chiefest parts of this Government 5. To declare the end for which this Government is ordained of God 1. We say that the Kings Soveraignty or royal power to govern the people 1. Point 1. Where the Protestants place Soveraignty is independent from all creatures solely from God who hath immediately conferred the same upon him and this we are able to make good with abundance both of divine and humane proofes and yet we finde the same adversaries of this truth though with a far less shew of reason that we met withall about Government of Gods Church For 2 They that are infatuated with the cup of Babylon the Canâ—nists and some 2. In whom the Papists do place Soveraignty The Pope's sad Message to Hen. 3. Imp. Quem meritum investivimus quare immeritum non devestiamus quia ad quem pertinet institutio adâ—eundem pertinet destitutio Jesuites do constantly aver that summum imperium the primary supreme power of this Government is in the Pope 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 absolutely and directly as he is the Vicar of Christ who hath all power given him both in Heaven and earth from whom it is immediately deriued unto his Vicar and from him to all Kings mediately by subordination unto him so Baronius Careriâ—â— and others But Bellarmine and the rest of the more moderate Jesuists say that this imperium in reges the Popes power over all Kings and States is but indirectum dominium a power by consequent and indirectly in ordine ad bonum spirituale as the civil State hath relation to Religion and this great Cardinal lest he should seeme sine ratione insanire doth as the Hereticks did in Tertullians time Caedem Scripturarum facere ad materiam suam alleadge two and twenty places of Scripture mis-interpreted to confirmâ— his indirect Divinity and as Pâ—tiphars wife he produceth very honest apparel but to prove a very bad cause and therefore attributing to the Pope by the greatness of his learning and the excellency of his wit more then he could justifie with a good conscience he was so far from satisfying the then Pope that he was well nigh resolved to condemne all his works for this one opinion and Carerius undertooke his confutation ex professo Carerius lib. 1. cap. 5. and taxeth him so bitterly that he putteth him 〈◊〉 impiâ—â—â—â—reticos which he needed not to have done because the difference is onely in the expression when the Pope by this indirect power may take occasion to king and unking whom he pleaseth and do what he will in all Christian States 3. The Anabaptists and Puritans eitheâ— deny all government with the Fratricelli 3 Where the Puritans place the Soveraignty Majestas regia sita est magis in pâ—pulo quam in persona regis Parsons in Dolâ—an and all superiority by the title of Christianity as the Author of the Tract of Schisme and Schismaticks or do say that originally it proceedeth and habitually resideth in the people but is cumulatively and communicatively derived fâ—om them unto the King and therefore the people not denuding themselves of their first interest but still retaining the same in the collective body that is in themselves suppletivè if the King in their judgement be defective in the administration or neglect the performance of his duty may question their King for his mis-government dethrone him if they see cause and resuming the collated power into their own hands again may transfer it to any other whom they please Which opinion if it were true would make miserable the condition of all Kings and I believe they first learned it from the Sorbonists who to subject The Sorbonists first taught the deposing of Kings and why the Pope to the community of the faithful say that the chief spiritual power was first committed by Christ unto them and they to preserve the unity of the Church remitted the same communicatively unto the Pope but suppletively not privatively or habitually devesting themselves thereof retaining the same still in themselves if the Pope failed in the faith of the Church and therefore he was not onely censureable but also dâ—posable by the Council if he became an heretique or apostated from the religion of Christ and
fight our battails Out of which two places we finde two special parts of the King's government 1. Principatum bellorum the charge of the wars in respect whereof the Sigon l. 7. c. 1. Kings were called Captains as the Lord said unto Samuel concerning Saul Vnges eum ducem thou shalt anoint him to be Captain over my people 1 Sam. 9. 16. Israel 2. Curam judiciorum the care of all judgments in respect whereof David 1 Reg. 3. 9. Psal 72. 2. Arâ—isaeus de jure Majest l. 2. c. 1. p. 214. and Solomon and the other Kings are said to judge the people So Arnisaeus saith Majestatis potest as omnis consistit vel in defendenda repub vel in regenda all the power of royalty consisteth either in defending or in governing the Common-wealth according as Homer describeth a perfect King 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Homer Iliad â— And so you see the two principal parts of the King's government are the Offices 1. Ducis in bello gerendo 2. Judicis in jure reddendo 1. Part. In the time of War Ordo ille naturalis mortalium paci accommodatus hoc poscit ut suscipiendi belli autoritas atque consilium apud principes siâ— Aug. cont Faust l. 22. 〈◊〉 l. 2. c. 5. p. 345. Plato de legib lib. 2. 1. Of a Captain in the time of War 2. Of a Judge in the time of Peace 1. Then it is the proper right of the King and of none but the King or he that hath the regal and supreme power to make war and to conclude peace for Plato in his Common-wealth ordained that Si quis pacem vel bellum fecerit cum aliquibus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the Julian Law adjudgeth him guilty of High Treason Qui injussu principis bellum gesserit delectúmve habuerit exercitum vel comparaverit that either maketh War or raiseth an Army without his Kings command And to this part of the regall government which consisteth in the Militia Luc. 14. 31. 32. Aristot Polit. l. 7. c. â— Arâ—is l. 2. c. 1. in Armes for the defence of the Kingdome pertaineth 1. The proclaiming of War which our Saviour properly ascribeth unto the right of Kings when he saith not what State or Common-wealth but What King going to war with another King c. 2. The concluding of Peace which our Saviour ascribeth also unto the King in the same place 3. The making of leagues and confederacies with other forraigne States 4. The sending and receiving of Ambassadors 5. To raise Armes and the like which the Lawes of God and of all Nations justifie to be the proper right of Kings and to belong onely unto the supreame Majesty But then you will say did not the Judges Moses Joshua Gideon Jephta Judges 11. 11. Barac Samson and rest make war and yet they were no Kings Why then may not the Nobles make war as well as Kings I answer that they do indeed make war and a miserable wretched war but I speak of a just war and so I say that none but the King or he that hath the Kings power can do it for though the Judges assumed not the name of Kings nor Captains sed à potiore parte vocati sunt judices but from the sweetest part of the Royall government were termed Judges yet they had the full power ducendi judicandi populum both of war and peace saith Sigonius and so the men of Gilead said unto Jephthe veni esto princeps noster and they made him their head by an inviolable covenant And of Moses it was plainly said He was King in Jesurun and when Deut. 33. 5. there was no Judge it is said there was no King in Israel for I stand not about Judges 17. 6. 18. 1. 19. 1. words when some were called Kings for the honour of the People and yet had no more power then Subjects as the Kings of Sparta and others had not the name of Kings and yet had the full power of Kings as the Dictator and the Emperour and the great Duke of Muscovie and the like But when a war is undertaken by any Prince how shall we know which party is in the right for to make an unjust war cannot be said to be the right of any King yet as the Poet saith Quis justius induit arma Lucan lib. 1. Scire nefas summo se judice quisque tuetur Every one pretends his cause is just he fights for God for the truth of the Gospell the faith of Christ and the liberty and Lawes of his Countrey how then shall those poore men that hazard their lives and their fortunes yea and soules too if they war on the wrong side understand the truth of this great doubtfull and dangerous point I answer all the Divines that I read of speaking of war do concur with Dambaud in praxi criminal cap. 82. what Dambauderius writeth of this point that there must be foure properties of a just war 1. A just cause Foure properties of a just War 2. A right intention 3. Meet Members 4. The Kings authority Sine qua est laesa Majestas without which authority the Warriours are all Traytors And I would to God our Rebels would lay their hands upon their hearts and seriously examine these foure points in this present War 1. What cause have they to take Armes against their King and to kill and 1. A just cause murder so many thousands of their own Brethren they will answer that they do it for the defence of their Liberty Lawes and Religion but how truely let God himselfe be the Judge for His Majesty hath promised and protested they shall enjoy all these fully and freely without any manner of dimunution and we know that never any rebellion was raised but these very causes were still pretended And therefore 2 A right intention 2. Consider with what intent they do all this and I doubt not but you shall finde foul weeds under this fair cloak for under the shadow of liberty and property they took the liberty to rob all the King 's loyal Subjects that they could reach of all or most of their estates and to keep them fast in prison because they would not consent to their lawless liberty and to be Rebels with them against their conscience And under the pretence of Lawes they aimed not to have the old Lawes well kept which was never denyed them but to have such new ones made as might quite rob the King of all his rights and transfer the same unto themselves and their friends so he should be like the King of Sparta What Lawes and Religion the Rebels would fain have a Royal Slave and they should be like the Ephori ruling and commanding Subjects And for the religion you may know by their new Synod which are a Synod not of Saints but of Rebels what religion they would fain have not that which was
Grammatically for the true right of a King that may do all this and yet no way contradict those precepts forecited by Moses to confirme which supposition they say 1. The phrase here used must beare it out for as the Hebrew word signifieth as Pagninus noteth Morem aut modum aut consuetudinem and many other things as the place and the matter to be expressed do require because every equivocall word of various signification is not to be taken alike in all places but is to be interpreted secundum materiam subjectam yet the Septuagint that should know both the propriety of the word and the meaning of the Holy Ghost in that place as well as any other translate the word to signifie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Appareâ— nomen juris significare hic potestatem jure concessam Arnisaeus c. 1. p. 216. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and we know the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which the Septuagint useth and jus which the Latine useth is never taken in the worsâ—r sence the Scripture never using to call â—ices by the names of vertues or to give a right to any one to exercise tyranny which then might be better termed jus latronis because an unjust tyrant is no better then an open thiefe 2. There is nothing here set downe by Samuel that is simply forbidden by the Law of God but that any the very best Kings may do as the occasions shall requiâ—e for being a King he must have the royalty of his house supported and the necessities of his war supplied and you may read in Herodotus how Dioces after he was chosen King had all things granted unto him that were needfâ—ll to express his royall state and magnificence and here is nothing else in the text for if you marke it the Prophet saith not he should kill their sons nor ravish their wives nor yet take their daughters to be his Conâ—ubines which are the properties of a tyrant * Instat terribilis vivis morientibus haeres Virginibus raptor thalamis obscaenâ—s adulter Diâ—itâ—busque dies nox meâ—uenda maritis Quisquis vel locuples pulchra vel conjuge notus Crimini pulsatur falso si crimina desunt Accitus conviva perit mors nulla refugit Artificem Claudian de bello Gildon Bilson diff fol. 356. but he should take them to support his State and to maintain his war which as his necessities require is lawfull for him to do so that it is not the doing of those things but the motives that cause the King to do them or the manner of doing them that do make it either an unjust tyranny or the just right of a King for as Doctor Bilson saith kings may justly command the goods and bodies of all their Subjects in the time both of war and peace for any publique necessity or utility And Hugo de Sancto Victore saith Nunquam possessiones à regia potestate ita â—longari possunt quin si ratio postulaverit necessitas illis ipsa potestas debeat patrocinium illis ipsâ— possessiones debeant in necessitate obsequium And so most Authors say the Subjects ought to supply the kings necessities and he may justly demand what is requisite and necessary for his publique occasions and who shall judge of that necessity but his own conscience and God shall judge that conscience which doth unjustly demand what he hath no reason to require because the greatness of his authority gives him no right to transcend the rules of equity whereof both God and his conscience will be the impartiall Judges And therefore in Deut. Mâ—dus describitur res non prohibetur and in Samuel Jus ponitur ratio subintelligitur for many things may be prohibited in some respect that in other respects may be allowed and many things lawfull in some wayes which otherwayes may be most sinfull as it is most lawfull to drink ad satiâ—tatem but not ad â—briâ—tatem and many other the like things so it is lawfull for the king to do all that Samuel saith ad supplendam râ—ipubl necesâ—itatem supportandam regiam majestatem but not ad satisfaciâ—â—dum suo fastui luxâ—i luâ—ro vanitati aut carnali voluptati which is the thing that Moses forbiddeth So that in briefe the meaning is if the Subjects should be unwilling to do what Samuel saith then the king when just necessity requireth may for these lawfull ends lawfully assume them And if he takes them any other way or for any other end then so habet Deum judicem conscientiae ultorem injustitiae But then it may be said Ahab did not offend in taking away Naboths vineyard Ob. if Samuel did properly describe the right of kings I cannot say that Ahab sinned in desiring Naboths vineyard neither do I Ans sinde that the Prophet blames him for that desire there is not a word of that in the text but for killing Naboth and then taking possession for this he might not do the other he might do so he do it to a right end and in the right manner wherein he failed 1. In being so discontented for his denyal because his conscience telling 〈◊〉 sin him that he had no such urgent necessity whereby he could take it and Naboth being unwilling to sell it he should have beene satisfied 2. In suffering his wife whom he knew to be so wicked to proceed in her unjust course against Naboth 3. In going down to take possession when he knew that by his Wifes wicked Naboths fault practice the poore man was unjustly murdered when he should have rather questioned the fact and have punished the murderers And yet Ahabs sin doth not excuse Naboths fault both in the denyal of the Lex posterior derogat priori specialis generali ceremonialia atque forensia cedunt moralibus Kings right if the king had a just necessity to use it and also for his uncivil answer unto the King far unlike the answer of Arauna to King David but nearer like the answer of Nabal which the Holy Ghost seemes to take notice of when after he had said The LORD forbid it me which was rather a prayer and postulation that God would forbid it as we say absit when we hear of any displeasing likelyhood then any declaration of any inhibition of God to sell it who never denyed them leave to sell it until the yeare of redemption the Prophet tells us in the next verse that Naboth said I will not give thee the inheritance of my father 1 Reg. 21. 4. Which very answer seemes to be the cause why Ahab was so much displeased But whether this speech of Samuel sheweth the just right of a King what he might do or his power what he would do what belongs to him of equity or what his practice would be by tyranny I will not determine but I say that although it should not be a just rule for him to command yet it is a certain rule for