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A86113 The right of dominion, and property of liberty, whether natural, civil, or religious. Wherein are comprised the begining and continuance of dominion by armes; the excellency of monarchy, and the necessity of taxes, with their moderation. As also the necessity of his Highness acceptation of the empire, averred and approved by presidents of præterit ages, with the firm settlement of the same against all forces whatsoever. / By M.H. Master in Arts, and of the Middle Temple. Hawke, Michael. 1655 (1655) Wing H1172; Thomason E1636_1; ESTC R202383 79,995 208

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that spirituall maladies require spirituall remedies that faith doth not plant it self by violence in the hearts of men for which reason he granted to the Hugonets freedome and liberty of conscience to which the Divine Resolve of the late Parliament of England c. may be annexed contained in their Declaration in answer to the Letters of the Scotch Commissioners Feb. 17. 1648. As for the truth and power of Religion it being a thing intrinsecate between God and the soul and the matter of Faith in the Gospell being such as no naturall light can reach unto we conceive there is no humane power of coercion thereunto not to restrain men from believing what God suffers their judgements to be perswaded of CAP. IIII. 1 Liberty is either external or corporeal and may be forced or internal and mental and cannot be compelled 2 Our Saviour compelled none to receive his Doctrine and his Disciples had no Commission to command but to teach and instruct 3 It is Irreligion and tyranny to force the consciences of men THe power of doing what one will is the liberty opposite to servitude and is external and possible to be forced The liberty which is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 within us Ar. l. 1. de An. G●ffend ne philof Epicur in f. 1594. as Epicurus is internal in the will and mind and is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 impatible Quod adeò solum sit verè liberum ut impediri perturbarique nullatenus queat which alone is so truly free that it can by no means be impeded or molested The soul is invulnerable and impregnable and cannot be conquered or inslaved which caused some to scorn death as among the Heathens Cato Antony Cleopatra Brutus Cassius and many more and among Christians the glorious Army of Martyrs who triumphed over death Currius of Alexander The mind of man is by arms invincible and was not conquered by the great Conqueror who could not imperare animis linguis And only by ratiocination and argument it may be convinced or by consent or belief perswaded for Liberty of Conscience is a natural right therefore our Saviour compelled none to receive his Doctrine Grotius but est Dominus non cogens he is not a constraining Lord but committing his liberty to the will said publiquely to all If any man will come after me and to his Apostles Will ye also go away And his Disciples were not Commanders but Instructers and Teachers which was their Commission Compulsion and terrene penalties are out of his Jurisdiction whose Kingdome was not of this world which he acknowledgeth not only in speech but in practice for when the Disciples would have commanded fire from heaven to have consumed the Samaritans Luk. 9.36 he rebuked them And when he was apprehended by the Chief Priests and Elders Mat. 26.53 he could have commanded legions of Angels but would not It is Irreligion to take away the liberty of Religion So Tertullian Clap. de act imp f. 139. ad irreligiositatis elogium concurrit This concurreth to the commendation of Irreligion to take away the liberty of Religion and strictly to forbid the opinion of Divinity that it may not be lawfull for me to worship whom I will but shall be compelled to worship whom I will not 2 Cor. 1.29 and therefore saith the Apostle We have not Dominion over your faith The history and Doctrine of Christ is not comprehended by reason and argument but by belief and faith which at the first hearing is not admitted into the minds of men unless by the secret assistance of the Spirit of God the which to whomsoever it is given or denied is for some peculiar internall causes to us unknown and therefore as Grotius Grot. de Ju. B. P l. 2. c. 20. non humano judicio punibilis is not punishable by humane judgement And for this reason doth the fourth Councel of Toledo decree Concil Tolet. 4. Can. 55. Nemini deinceps ad credendum vim inferre cujus enim vult miseretur Deus quem vult indurat That henceforth no man be inforced to believe for God hath mercy on whom he will Clap. de arc imperit and whom he will not he hardeneth and therefore is such unconscionable force called by Nazianzen animorum carnificina a torture of minds and is indeed a spirituall tyranny CAP. V. 1 Kings and Emperors were from the beginning as well Priests as Kings 2 They had the ordering of the affairs of the Church as well as of the State 3 They nominated Bishops and deposed Popes upon just causes 4 That the Pope first arrogated to himself Ecclesiastical Jurisdiction and encroached also on the civil endeavouring by force to abr●gate the Royal freedome of Princes and to subject their Consciences by his Bulls of Excommunications to his tyranny IF we revolve the antient Monuments of the Christian Church many examples will occur in which as in a glass may clearly be seen the bloody and fatall events which usually attended the enforcement of religious consciences wherein the Pope who proudly proclaimeth himself the Head of the Church was the principal Author and Actor as by the sequel may appear Kings and Emperors originally were mixt persons as well Priests as Kings Mos apud Judaeos fuit ut eosdem reges sacerdotes haberent Justia l. 13. Ir was a custome among the Jews that Kings and Priests were accounted the same As the Poet of Annius Virg. Rex idem hominum Phoebique sacerdos So was it in the Heroique and antient times among the Grecians 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For the King was an Emperour 3 Pol. c. 3. and a Judge and Lord of those things concerned Religion And among the Latins and Romans Virgil Aene. inferretque Deos Latio King Faunus was the first instituted Religion in Italy from whence their Temples were called Fana which after was propagated by Aeneas and at the last reduced into an order by Romulus and Numa Clap. de arc imp fo 311. whence it was a Law among the Romans Rex sacrorum praeses esto Let the King be President of sacred things And after the expulsion of the Kings of Rome the same honor was resiant in the Emperour from the time of Julius Caesar who first united them and so continued in the Christian Empire till Gratian who first refused the Pontifical habit as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unlawful to a Christian and after Theodosius had dissolved the Colledge of Pontifices and all the rest of the Priests did the Emperours notwithstanding retaine the Supreme power over the Christian Church as Isaiah prophecieth Isa 49.23 Kings shall be their nursing fathers and their Queens their nursing mothers which Leo in his letter to Leontius intimates Clap. de arc imp f. 32. Debes inquit incunctanter advertere Regiam potestatem tihi non solum ad mundi regimen sed maxime ad ecclesia praesidium esse collatam You ought
the safety of all depends on it And though all power is of God yet ought not a Prince to presume onely on Gods providence for his protection and rely on the reason of Antoninus Si Divinitùs ipsi debetur Imperium non poterimus ipsum interficere etiamsi velimus If the Empire was due to him by gift of God we cannot destroy him if we would nor on the resolution of Vespasian who admoneshed the Conspirators of his life that they should desist from treacheries Si fato ipsis deberetur Imperium si iis adjumento futurum If the Empire should be due to them by destiny and that it would be an assistance to such Barcl contra monarch l. 3. c. 2. For the eternal opifex of all things from the origin of the world would that all things should arise and proceed from second causes in a firm and constant order whereas he is able of himselfe without any ordinary meanes to produce all the effects of natural things So would he that Kings and Emperors be provident and circumspect to use all ordinary meanes by Armes or otherwise to secure and guard their persons For as Cato Vigilando agendo bene consulendo prospere dii omnia concedunt Salust Catil ubi socordiae ignaviae te tradideris nequaquam Deos implores irati infensique sunt The Gods grant all things prosperously to those who watch act and consult wel when that you shall give your selfe to negligence and idlenesse do not implore the Gods they are angry and displeased For as Solomon The slothful man killeth himselfe Prov. 21.25 14.23 but in labour there is profit Dii omnia laboribus vendunt To which Gods power is alwayes and many times miraculously assisting as it was to Sampson and David And therefore have all Princes ductu Dei by Gods direction used all diligence and the ordinary power of God for their preservation and fenced their Royal persons with Military Forces to prevent competition and conspiracy For as Livy Parum tuta est sine viribus Majestas Majesty without might is seldom safe Navius cals them regalis corporis custodias ●●vy For which reason Romulus in the beginning of his Royalty selected 300. Light Horsemen for the custody of his Royal body whom he reteined tam pace quam bell● as well in peace as war which solemn guard his Successors constantly maintained And Augustus in the beginning of the Empire premonished by the slaughter of Caesar armed with a coat of mail guirded with a sword and guarded with military forces repaired to the Senate besides the Praetorian cohorts which were continually in a readinesse to prevent seditions which provident postures the succeeding Emperours observed the which also at this present is practised by most Princes And in England was first instituted by Henry the seventh Bacon Hist Henry 7. whom Sir Francis Bacon graceth with the Elogy of a wise Prince who made it to hold in succession for ever And more rare and singular was the providence of Massinissa who though he was fortified with fifty four valourous sonnes and strengthned by the friendship of the Romans yet as Valerius Maximus Parum fidei in pectoribus hominum reponens Val. M. l. 7. c. 3. reposing little faith in the brests of men environed his person with a pack of dogs placing most confidence in his Vlyssean Guard And therefore was it justly accounted a State solecisme in Caesar though otherwise in Military Discipline an exquisite Grammarian who notwithstanding he continued his perpetual Dictatorship dismissed the Praetorian cohorts and carelesse and fearlesse of any perill presented himselfe naked and open to the sword of his Enemies In which State-Criticisme Alexander though an expert and skilful General was fondly overseen who notwithstanding he had divested Antipater of the Praefecture of Macedonia Thessalia and Thracia yet did he appoint Philippus and Jolas his sons to be his cup-bearers Curt. l. 10. Praegustatores and foretasters a place of eminent trust and imminent perill whom Antipater suborned to take away his life by poyson Neitheir is this State-policy a tyrannical device as some detractors from majesty affirm for by the Iudgement of Aristotle a perstringer of tyrants a guard is as well basilicall as tyrannicall 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 such a guard is royal and not tyrannical and he putteth this difference between them Ar. l. 3 po c. 10. that the one is guarded by forreiners and strangers and the other by natives and Citizens wherein Alexander also forgeting his Masters precepts drew upon himself the suspicion of tyrannie in committing the custody of his person to the Persians which the Macedonians could not endure Jactantes as Justine hostes suos in officium suum à rege subactos that he had substituted their enemies in their places with which exorbitancy the late King of England was charged Declar. of Parl. May 22 1644. for having a design to bring in Germane horse as a presumption of tyranny Other differences also the Philosopher addeth that a tyrant respects his potent power and private commodities and a King his Princely honour and publick utility that the one fortifieth himself to the destruction of the people and the other to defend his person against conspiracies and to protect the people from injuries Armes are also necessary for the protection of the Law which as the Philosopher Arist 1. Rhet. Poli. is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the safety of a City and in another place is more necessary than bread by which the people are sustained and preserved from the injuries of the unjust as the Poet Hor. Jura inventa metu injusti fateare necesse est Who cannot but confess that Laws first given were for fear of the unjust Yet as a Lawyer saith Lex otiosa est Danaeus Aphor. f. 559 inutilis potestas quasi Campana sine pistillo The Law is a vain and useless power and as it were a bell without a clapper which yieldeth no sound and produceth no effect unless it be impowered by the Prince and sword from which it receiveth its life and authority so saith the Apostolical Lawyer Rom. 13 If thou dost that is evill be afraid for he beareth not the sword for nought Armes and the sword are the Protectors of the Laws as their great Protector Justinian declareth who discoursing of their mutual assistance putteth it down in his Institutes Illorum alterum alterius auxilio semper eguit tam res militares legibus quam ipsae leges armorum praesidio servatae sunt The one hath alwayes needed the others help and as well military affairs are preserved by the Laws as the Laws by the protection of Armes Mr. Pim. Arist and herein doth the majesty of a glorious Prince appear that as he is the clear fountain of Justice and guardian of the Law so he should protect them for therefore are Kings called Custodes legum Cas 3. pol. c. 11. Wardens of
saith he undoubtedly to observe that the Royal Power is not only conferred on you for the Government of the world but especially for the rule and safeguard of the Church And as another Demetrius Comatenu Clap. ib. Solo sacrificandi excepto ministerio reliqua Pontificalia privilegia imperator repraesentat The ministeriall exercise of sacred duties onely excepted the Emperour representeth all other Pontificall priviledges who is to dispose and order the affairs of the Church a relique of which in these corrupted times still remains of which Mr. Herbert Herbert Hen. 8. fo 291. maketh mention that the Emperour must first put on the habit of a Canon of Sancta Maria Dellate in Rome and after that of a Deacon before he can be compleatly invested in his Imperial Dignity And heretofore the Popes when they were installed Pier. de Moulin b. d. l. foy paid to the Emperour as their Soveraign Prince for their investiture twenty pounds in gold and were by the Emperour punished and deposed as subjects to the Emperour As Constantius the Son of Constantine the Great chased Pope Liberius out of Rome and substituted Faelix in his place Whence it is probable the English Maxime as many other dimaned Rex est persona mixta cum sacerdote The King is a mixt person with a Priest in whom is comprised both Jurisdictions as well Ecclesiastical as civil which caused William the Second to urge the said priviledge of the Emperours against Anselm desiring to be an Arch-bishop conspiring to have his Pale from the Pope as Mathew Paris historizeth it Rex Willielmus Secundus allegavit quod nullus Archiepiscopus aut Episcopus Regni sui curiae Romanae aut Papae subessent praecipus cum ipse omnes libertates haberet in Regno suo quas imperator vindicabat in imperio King William alledgeth that no Arch-bishop or Bishop should be subject to the Pope or the Court of Rome especially seeing he should have all the liberties in his Kingdome which the Emperour challenged in his Empire which was to chose Popes and Bishops when he would Yet though the Scepters of Kings and Princes were primitively free by all right and honored with the Supreme authority in all causes whatsoever yet hath the Pope in these later daies blown up with boiling ambition through the lenity and piety of Princes involated on their Rights and Liberties and not only arrogated to himself Ecclesiastical Supremacy but encroached also on the civill Jurisdiction claiming to himself the deposing of Princes and disposing of their Kingdomes Bellar. either in ordine ad bonum spirituale in order or relation to a spiritual good or else in regard of his Pastorall Authority from Christ under which notion he conceiveth all the world to be subject to him Azorius In quo alii sunt actu ut Christiani alii potestate jure ut Pagani In which some are actually subject to him as Christians and others in possibility and right as Pagans and by such subtil relations is he maintained to be Totius orbis Dominus The Lord of all the earth Europ spe And to that purpose doth he take upon him the highest place of honor far above all Princes and Monarchies of the world Pier. de Moulin praef ib. Buck de le foy setting the Emperours at his feet ordaining and declaring that all Kings ought to kiss his feet and that there is no other name under heaven but that of the Pope Thus doth he labour to mancipate the divine liberty of Princes to his humane inventions and usurped Dominion and as Christs Vicar which title he affects would be reputed Lord of all the world whereas Christs Kingdome was not of the world An insufferable tyranny imposed on this Royal freedome of Princes which the Pope from the times of Gregory the seventh hath injuriously usurped and for the space of two hundred and threescore years nothing hath been more frequent with him then the Excommunications of Kings and Emperours and the Oblations and Donations of their Empires and Kingdomes Pier. de Moulin b. d. l f 7● unless of such who have by might maintained their rights and liberties against his usurpations whence proceeded infinite bloody wars above one hundred battels and the surprizing and sacking innumerable Cities Clap. de arc imp f. 32. from whence proceeded the common Proverb as by Guichardine is observed Caesares timere odisse proprium est Ecclesiae It is proper to the Church to feare and hate all Princes John White in the way to the Church and that truly for the Pope hath excommunicated deposed and murthered forty several Princes And I deem it neither exorbitant nor impertinent to give you a tast of some of his notorious and abominable tyrannies and primarily of that against John King of England whom for maintaining his priviledge in nominating the Arch-bishop of Canterbury to the Monks of that Convent Innocent Third he menaced to excommunicate and interdict his Kingdome and the King in requitall threatned to abolish the Popes authority and to expell the Clergy which they both acted but the Pope not only excommunicated him but conferred his Kingdome on the King of France to conquer it at his own charge and perill by whose invasion he was inforced to renounce his rights and liberties and to subscribe to the Popes tyrannical demands who gave him Absolution upon condition to yeeld himself Vassal to the Pope Math. Par. and his Kingdome fewdary to the Church of Rom and that he should pay yearly a thousand mark in silver as an obligation of his servitude And most presumptuous was the arrogancy of Julius the Second God Hist Hen. 8. f. 1. who was more like to Julius Caesar whose name he assumed then to Peter whose Successor he pretended to be but indeed was like to him in nothing more then in cutting of Malcus his ear of whom the Poet pithily Gunterus Jam nec ferre crucem Domini sed tradere Regna Gaudet Augustus mavult quam praeses haberi To bear the Cross of Christ he doth not now rejoyce But to give earthly Kingdomes is his heavenly choice He deposed the King of Navarre and gave his Kingdome to Ferdinand King of Castile the which he obtained and his Successors as yet retaine who having Spain on the one side and the Pyrenaean Mountains on the other was unequal to the Popes fury and the Spanish force He also vain-gloriously enterprized to crush and suppress Lewis the XII King of France God Hist Hen. 8. to which designe he invited many Princes and more especially Henry the Eight King of England into a confederacy against him but Lewis swifter then opinion marched with all celerity to Ravenna and in one battel defeated him and his Allies Primum Pontificium fulmen à Gallis removit Barr. and boldly assembled a Councel at Pisa against him and rounded his French Crowns with this inscription Perdam Babylonem
〈◊〉 〈◊〉 〈◊〉 〈◊〉 execrable and unsociable as one unworthy the society of good men and according to the Greek Original signifieth Deo dicatum dedicated to God and so separated from the Communion of men for his impiety that he is onely left to Gods judgement All which onely sets forth unto us a separation from the Communion of the good the dereliction of them so separated to the judgement of the Lord Tac. An. 1. l. 1. Deorum enim injurias Diis curae esse for offences against God are by him to be censured Upon which ground Tiberius dismissed one to the sentence of Jupiter who was accused for a contempt against Jupiter and all heretical opinions are properly offences against God and therefore to be referred to his judgement as the Civilians in the like case Satis deum ultorem habent have God a sufficient revenger and how such errors shall be punished at the day of of Judgement Grotius de Jur. b. et p. nemo potest scire nisi Judex saith Salvianus no man can know but the Judge And therefore doth Christ Mar. 6.12 referr the judgement of such as refuse his Doctrine until the day of Judgement and whosoever as Mr. Ashkam shall think himselfe competent to judge of it here is nimis Curiosus in aliena republica Excommunication was rarely executed in the Primitive Church of which we have but two examples in the Gospel the one against the Incestuous one whom Paul commanded to be delivered to Satan 1 Cor. 5. a sin abhorred of the Heathens and severely punished by them The other against blasphemers 1 Tim. 1.20 Hymeneus and Alexander whom Paul also delivered to Satan An offence mortal under the Law Levit. 24. and dangerous under the Gospel if not repented of Math. 12.31 And of all offences the highest because it is an impiety against God himselfe whereas other offences are transgressions against the Law Tholos Synt. Jur. Vniv l. 33. c. 12. contra ipsa deitatem impie agis And this was Pauls rod of Correction which he rarely used so rare a censure was Excommunication in the purest times For the excesse of which St. John condemneth Diotrephes in casting his Brethren out of the Church But how Excommunication the last and greivous punishment of the Church In his Adue as Mr. Whitgift calleth it hath been abused under Popery and Prelacy is notoriously evident and especially by the Pope whose continual practice was to inflict it on any one as a Delinquent either in matters of Faith or Manners Pier. de Moul. Buc. de la foy f. 506. or by it to presse men to restore things lost and to pay their debts within a certain time and sometimes without any cognisance of the cause Kings and Emperours were most obnoxious to this censure who being Excommunicated as the Pope pretendeth could not without sinning exercise their Iurisdiction and what Acts and Sentences during the Excommunication they pronounced were null and void by which rule he also deposed them From whose institutions the Prelates originally derive their Iurisdiction and in their discipline doe not much vary setting the Papal Altitude and Latitude aside and therefore was our Arch-Prelate stiled Alterius orbis Papa who likewise transgressed in the excessive abuse of excommunications as Whitgift a Patron of Praelacy acknowledgeth in these words In his Admonition That excommunication the last and greatest punishment in the Church is commonly used in many trifling matters and therefore is commonly neglected and contemned I pray God saith he restore it to its first purity neither was by either of them the pious end of Excommunication respected 1 Tim. 5. which was that for shame of the separation the separated should be drawn to repentance as the Apostle saith of the Incestuous one That his flesh may be destroyed and the spirit saved in the day of the Lord Jesus and also of the blasphemers 1 Tim. 1.20 That they may learn not to blaspheme whereas their ultimate drift was to heap up monyes and inrich themselves by formal Absolutions and pecuniary Satisfactions supposing gaine to be godlinesse and through coveteousnesse by fained words to make merchandize of mens souls 1 Tim. 5.6 as the Apostle speaketh For such and like abominable abuses the Popes Excommunications are slighted and despised of most Princes and the Papal and Prelatical Iurisdicton neglected in all Reformed Churches and in our Church utterly abolished as it was resolved in the late Parliament by the declaration of the Lords and Commons in answer to the Scotch papers the fourth of March 1647. That the discipline of Ecclesiastical censures and other punishments for matters in Religion are disclaimed as grounded on Popish and Preletical Principles and not to be revived again under any Image and shape whatsoever CAP. VIII 1. Who out of ignorance and infirmity erre are not to be rejected but to be instructed with meeknesse 2 Such as abuse their liberty are to be punished THere are others who out of ignorance and infirmity erre Grot. de Iu. b. pa. l. 2. c. 20. and are called by Salvianus Haeretici non scientes qui bono animo errant affectu Dei who erre with a good mind affection towards God beleiving that they honour love God and such saith Whitaker are not Hereticks though they harbour a false and erroneous opinion De sacr scrip l. 1. non est haereticus qui falsam haereticam opinionem colit For else Cyprian had been an Heretick who defended Anabaptisme and Augustine who had been a Maniche and Peter also who denied the calling of the Gentiles and that they were to be excluded the communion of Saints yet was it false Et in ea Petrum errasse saith Whitaker and therefore are such falsities properly errors as Augustine said of himselfe Errare possum haereticus esse nolo For an erroneous conscience may be a good conscience as Pauls was when he was a Jew Bar. Ann. 173. and Tertullian whilst he was a Montanist Such consciences are tenderly to be cured not to be cauterized and as the Apostle adviseth 2 Tim. 2.25 are to be instructed with meeknesse and gently to be intreated or convinced by arguments as Augustine did the Manichees whose divine reasons for their Elegancy and Excellency merit a literal repetition Illi saeviant in vos qui nesciunt Grotius de Jur. bel pac l. 2. c. 20. saith he quocum labore verum inveniatur et quam difficillime caveantur errores Illi saeviant in vos qui nesciunt quam rarum arduum sit carnalia phantasmata piae mentis serenitate superare Illi in vos saeviant qui nesciunt quanta difficultate sanetur oculus interior is hominis Illi in vos faeviant qui nesciunt quantis gemitibus suspiriis fiat ut ex quantulacumque parte intelligi possit Deus Postremo illi in vos saeviant qùi nullo tali errore decepti