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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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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
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