in all other actions the end is the marke that is aymed at The end of every Law is chiefly to be respected and this end is no other then the publique good of any society for which the Law is made if the King which is the sole Law-maker so as I shewed in my Discovery of Mysteries seeth this publique good better procured by granting dispensations to some particular men doth he not performe thereby what the Law intendeth and no wayes breake the Law of common right as if a mans absence from his proper Cure should be more beneficiall to the whole Church then his residence upon his Charge could possibly be Reasons of dispensations as when his absence may be either for the recovery of his health or to discharge the Kings Embassage or to doe his best to confute Heretiques or to pacifie Schismes or to consult about the Church affaires or some other urgent cause that the Law never dreamt of when it was in making shall not the King whom the Lawes have intrusted with the examination of these things and to whom the principall care of religion and the charge of all the people is committed by God himselfe and the power of executing his owne Lawes have power to grant his dispensations for the same Certainly they that would perswade the world that all Lawes must have such force that all dispensations are transgressions of them as if generall rules should have no exceptions would manacle the Kings hands and binde his power in the chaines of their crooked wils that he should not be able to doe that good which God and right and Law it selfe do give him leave and their envy towards other mens grace How God doth diversly bestow his gifts is a great deale more then either the grace of humility or the love of truth in them for doth not God give five talents to some of his servants when he gives but one to some others Matth. 25.15 and did not Joseph make Benjamins messe five times so much as any of his brethrens and have not some Lords 6 or 8 Gen. 43.34 or 10 thousand pounds a yeare and some very good men in the Common-wealth and perhaps higher in Gods favour not ten pounds a yeare and shall not the King double the reward of them that deserve it in the Church of God or shall he be so curbed and manacled that he shall neither alter nor dispense with his owne Law though it be for the greater glory unto God and the greater benefit both to the Church and Common-wealth Besides who can deny but that some mens merits vertue paines and learning are more worthy of two Benefices then many others are of one and when in his younger time he is possessed of a small Benefice he may perchance afterwards when his yeares deserve better farre easier obtaine another little one to keepe with it then get what I dare assure you he would desire much rather * For who would not rather chuse one Living of a 100l a yeare then two of 50l a piece one Living of equall value to them both and shall the unlearned zeale of an envious minde so farre prejudice a worthy man that the Kings lawfull right shall be censured and his power questioned and clipped or traduced by this ignorant Zelot I will blesse my selfe from them and maintaine it before all the world that the Kings dispensations for Pluralities Non-residency and the like Priviledges not repugnant to common right are not against Law nor the giving or taking of them upon just causes against conscience but what the violence of this viperous brood proclaimeth an intolerable offence we dare warrant both with good reason and true Divinity to be no sinne no fault at all but an undoubted portion of the Kings right for the greater benefit both of the Church and State and the greater glory unto God himselfe And therefore most gracious King we humbly desire your Majestie The Authors Petition to His Majestie suffer not these children of Apollyon to pull this flower out of your royall Crowne to abridge you of your just right of granting dispensations for Pluralities and Non-residency which the Lawes of your Land doe yet allow you and which they labour to annull to darken the glory of Gods Church and to bring your Clergy by depriving them of their meanes and honour into contempt lest that when by one and one they have robbed you of all your rights they will fairely salute you as the Jewes did Christ Haile King of the Jewes when God knowes they hated him and stript him of all power I speake not of his Divinity either to governe them or to save himselfe 3. As the King hath right and power to grant his dispensations both of grace and of justice of grace when it is meerely of the Kings Princely favour as in legitimations and the like and of justice when the King findeth a just cause to grant it so likewise it is in the Kings power and right to remit any offence that is the mâ—lct or penalty and to absolve the offender from any or all the transgressions of his owne Lawes from the transgression of Gods Law neither King nor Pope nor Priest nor any other can formally remit the fault and absolve transgressors but as God is the Law-giver so God alone must be the forgiver of the offence Mar. 2.7 so the Jewes say who can forgive sins but God onely Yet as God which gives the Law can lawfully remit the sinne and forgive the breach of the Law so the King which makes these positive Lawes cannot be denyed this power As David pardoned Absolon and Solomon Abtathar to pardon when he seeth cause or is so pleased the offenders of his Lawes as you see they do many times grant their pardons for the most haynous faults and capitall crimes as treasons Christ biddeth that the tares should grow Matth. 13.30 And the Apostle saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 there must be heresies therefore there must be a toleration of divers Sects 1 Cor. 11.19 murders felonies and the like And if they may grant their pardons for the breach of the Law and remit the mulct imposed for the transgression thereof it is strange if they should not have right to dispense with whom they please when they see cause from the bond of the Law and therefore we are to discusse how farre the King in these Lawes of the Church may give exemptions and tolerations unto them whose consciences cannot submit themselves to the observation of the established Lawes for seeing all men are not of the same faith nor doe professe the same religion and it is the nature of all men to dislike that which themselves will not professe and if opportunity serve to root out that which they dislike it is requisite it should be shewed how farre a prudent and a pious Prince may grant a toleration the Law in terminis not forbidding it unto
destruction of the Common-wealth As the neglect thereof brought ignorance unto the Church and ruine 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 affaires 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 doe rule all things with great corruption and as little truth whereby errours and blindnesse will over-spread the Church and pride covetousnesse 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 vertue 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 learne and find out the true state of things and because it is far unbefitting the honour and inconsistent with the charge of great Princes whose other affaires will not permit them to be alwayes poring at their bookes as if they were such critiques as intended to exceed all others in the theorick learning like Archimedes that was in his studie drawing forth his Mathematicall figures when the Citie was sackt and his enemies pulling down the house about his eares How Kings may attaine unto the knowledge of religion and understand the state of the Church and how to governe the same therefore it is wisedome in them to imitate the discreet examples of other wise Kings and religious Emperours in following the meanes that God hath left and using the power and authority that he hath given them to attaine unto more knowledge and to be better instructed in any religious matter then themselves could possibly attaine unto by their owne greatest studie and that is 1. To call able Clergy-men about them 1. As Alexander had his Aristotle ready to informe him in any Philosophicall doubt and Augustus his prime Orators Poëts and Historians to instruct him in all affaires 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 Chaplaines 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 doe evill which is most pernitious and doth often times make a private gaine by a publique losse or an advantage to themselves by the detriment of the Church and to be honest without knowledge How they should be qualified or to have knowledge without experience especially in such places of eminencie and for the affaires of importance may be as dangerous when their want of skill may counsell to doe matters of much hurt but when both are met together in one person that man is a fit Subject to doe 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 Gods Church then the grave advice directions of such instruments as it appeareth by that memorable example of King Ioas left to be remembred by all Kings who whilest 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 2. Reg. 12.1 the King destitute of such a Chaplaine to attend and such a Priest to counsell him all things came speedily to great ruine Therefore I dare boldly avouch it they are enemies unto Kings and the underminers of Gods Church and such instruments as I am not able to expresse their wickednesse that would exclude such Jehoiada's from the Kings counsell 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 aske counsell of Micaiah though he rejected the same to his owne destruction and King David 1. Reg. 22.16 though never so wise and so great a Prophet and Josias and Ezechias and all the rest of the good Kings had alwayes the Priests and the men of God to be their Counsellors and followed their directions especially in Church causes as the oracles of God Mar. 6.20 so wicked Herod disdained not to heare John the Baptist and to be reformed by him in many things and happy had he beene had he done it in all things And if you reade Eusebius which is called Pamphilus for the great love he bare to that his noble Patron and Socrates and the rest of the Ecclesiasticall Historians or the Histories of our owne Land you shall finde that the best Kings and greatest Emperours had the best Divines and the most reverend Bishops to be their chiefest Counsellors and to be imployed by them in their weightiest affaires How then hath the Devill now prevailed to exclude them from all Counsels and as much as in him lyeth from the sight of Princes when he makes it a suspicion of much evill if they do but talke together How hath he bewitched the Nobility to yeild to be deprived of their Chaplaines Is it not to keepe them that have not time to studie and to find 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 2. When the King seeth cause 2. To call Synods to discusse and conclude the harder things God hath given him power and authority to call Synods and Councels 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 Councell of Nice to suppresse the Heresie of Arius Theodosius called the Councell of Ephesus in the case of Nestorius Valentinian and Martian called the Councell of Calcedon against Eutyches Justinian called the Councell of Constantinople against Severus that renewed the Heresie of Eutyches Constantine the Fifth called the sixth Synod against the Monothelites and so did many others in the like cases God having fully granted this right and authority unto them for their better information in any point of religion and the governement 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 helpes that God hath left unto Kings to assist and direct them in the chiefest part of their royall government The unparallel'd presumption of the Faction to call a Synod without
JVRA MAJESTATIS THE RIGHTS OF KINGS BOTH In CHVRCH and STATE 1. Granted by God 2. Violated by the Rebels 3. Vindicated by the Truth AND The wickednesses of the Faction of this pretended PARLIAMENT at VVestminster 1. Manifested by their Actions 1. Perjury 2. Rebellion 3. Oppression 4. Murder 5. Robberie 6. Sacriledge and the like 2. Proved by their Ordinances 1. Against Law 2. Against Equity 3. Against Conscience PUBLISHED 1. To the eternall honour of our just God 2. The indeleble shame of the wicked Rebels And 3. To procure the happy peace of this distressed Land Which many feare we shall never obtaine untill 1. The Rebels be destroyed or reduced to the obedience of our King And 2. The breaches of the Church be repaired 1. By the restauration of Gods now much prophaned service And 2. The reparation of the many injuries done to Christ his now dis-esteemed servants By GRYFFITH WILLIAMS Lord Bishop of OSSORY Impij homines qui dum volunt esse mali nolunt esse veritatem qua condemnantur mali Augustinus Printed at Oxford Ann. Dom. 1644. Carolus D G Mag Brittaniae Fra et Hiberniae Rex â—â—r TO THE KING'S MOST EXCELLENT MAJESTIE Most gracious Soveraigne WIth no small paines and the more for want of my books and of any setled place being multùm terris jactatus alto frighted out of mine house and tost betwixt two distracted Kingdomes I have collected out of the sacred Scripture explained by the ancient Fathers and the best Writers of Gods Church these few Rights our of many that God and nature and Nations and the Lawes of this Land have fully and undeniably granted unto our Sveraigne Kings My witnesse is in Heaven that as my conscience directed me without any squint aspect so I have with all sincerity and freely traced and expressed the truth as I shall answer to the contrary at the dreadfull judgement 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 therefore with all fervency I humbly supplicate the divine Majestie still to assist Your Highnesse that as in Your lowest ebbe You have put on righteousnesse as a breast-plate and with an heroick resolution withstood the proudest waves of the raging Seas and the violent attempts of so many imaginary Kings so now in Your acquired strength You may still ride on with Your honour and for the glory of God the preservation of Christ his Church and the happinesse of this Kingdom not for the greatest storme that can be threatned suffer these Rights to be snatched away nor Your Crowne to be throwne to the dust nor the sword that God hath given You to be wrested out of Your hand by these uncircumcised Philistines these ungracious rebels and the vessels of Gods wrath 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unlesse they do most speedily repent for if the unrighteous will be unrighteous still and our wickednesse provoke God to bring our Land to desolation Your Majestie standing in the truth and for the right for the honour of God and the Church of his Sonne is absolved from all blame and all the bloud that shall be spilt and the oppressions insolencies and abhominations that are perpetrated shall be required at the hands and revenged upon the heads of these detested rebels You are and ought in the truth of cases of conscience to be informed by Your Divines and I am confident that herein they will all subscribe that God will undoubtedly assist You and arise in his good time to maintaine his owne cause and by this warre that is so undutifully so unjustly made against Your Majestie so Giant like fought against Heaven to overthrow the true Church You shall be glorious like King David that was a man of warre whose deare sonne raised a dangerous rebellion against him and in whose reigne so much bloud was spilt and yet notwithstanding these distempers in his Dominion he was a man according to Gods owne heart especially because that from α to ω * As in the beginning by reducing the Arke from the Philistines throughout the midst by setling the service of the Tabernacle in the ending by his resolution to build and leaving such a treasure for the erecting of the Temple the beginning of his raigne to the end of his life his chiefest endeavour was to promote the service and protect the servants of the Tabernacle the Ministers of Gods Church God Almighty so continue Your Majestie blesse You and protect You in all Your wayes Your vertuous pious Queene and all Your royall Progenie Which is the daily prayer of The most faithfull to Your Majestie GRYFFITH OSSORY The Contents of the severall Chapters contained in this TREATISE CHAP. I. Sheweth who are the fittest to set downe the Rights which God granted unto Kings what causeth men to rebell the parts considerable in S. Peter's words 1. Pet. 2.17 in fine How Kings honoured the Clergy the faire but most false pretences of the refractary Faction what they chiefely ayme at and their malice to Episcopacie and Royaltie Pag. 1 CHAP. II. Sheweth what Kings are to be honoured the institution of Kings to be immediately from God the first Kings the three chiefest rights to Kingdomes the best of the three rights how Kings came to be elected and how contrary to the opinion of Master Selden Aristocracie and Democracie issued out of Monarchie Pag. 12 CHAP. III. Sheweth the Monarchicall Government to be the best forme the first Government that ever was agreeable to Nature wherein God founded it consonant to Gods owne Government the most universally received throughout the world the immediate and proper Ordinance of God c. Pag. 20 CHAP. IV. Sheweth what we should not do and what we should do for the King the Rebels transgressing in all those how the Israelites honoured their persecuting King in Egypt how they behaved themselves under Artaxerxes Ahashuerus and under all their own Kings of Israel c. Pag. 29 CHAP. V. Sheweth how the Heathens honoured their Kings how Christ exhibited all due honour unto Heathen and wicked Kings how he carried himselfe before Pilate and how all the good Primitive Christians behaved themselves towards their Heathen persecuting Emperours Pag. 41 CHAP. VI. Sheweth the two chiefest duties of all Christian Kings to whom the charge and preservation of Religion is committed three severall opinions the strange speeches of the Disciplinarians against Kings are shewed and Viretus his scandalous reasons are answered the double service of all Christian Kings and how the Heathen Kings and Emperours had the charge of Religion Pag. 48 CHAP. VII Sheweth the three things necessary for all Kings that would preserve true Religion how the King may attaine to the knowledge of things that pertaine to Religion by His Bishops and Chaplains and the calling of Synods c. Pag. 62 CHAP. VIII Sheweth it is the right of Kings to make Ecclesiasticall Lawes and Canons proved by many authorities and examples that the good Kings and Emperours made such Lawes by the advice of their Bishops and Clergy
Omnis Christi actio debet esse nostra instructio we ought to follow his example And therefore not onely Christ but also all good Christians have imitated him in this point for the Apostles prayed for their persecuting Tyrants exhorted all their followers to honour even the Pagan Kings and most sharplâ— reproved all that spake evill of authority much more would they say against them that commit evill and proceed in all wickednesse against authority How the Primitive Christians behaved themselves towards their Heathen persecutors And Tertullian speaking of the behaviour of the Primitive Christians towards the Heathen Emperours and their cruell persecutors saith that because they knew them to be appointed by God they did love and reverence them and wish them safe with all the Romane Empire yea they honoured the Emperour and worshipped him as a man second from God solo Deo minorem and inferiour onely unto God and in his Apologetico he saith Deus est solus in cujus solius potestate sunt reges à quo sunt secundi post quem primi super omnes homines ante omnes Deos God alone is he by whose power Kings are preserved which are second from him first after him above all men and before all gods that is all other Magistrates that the Scripture calleth Gods So Justin Martyr Minutius Felix Nazianzen which also wrote against the vices of Julian S. Augustine and others of the prime Fathers of the Church have set downe how the Primitive Christians and godly Martyrs that suffered all kinde of most barbarous cruelty at the hands of their Heathen Magistrates did notwithstanding pray for them and honour them and neither derogated from their authority nor any wayes resisted their insolencie Beda p. 15. And Iohannes Beda Advocate in the Court of Parliament of Paris saith that the Protestants of France in the midst of torments have blessed their King by whom they were so severely intreated and in the midst of fires and massacres have published their confession in these words Artic. 39. 40. confess eccles Gal. refor For this cause he that is God put the sword into the Magistrates hand that he may represse the sinnes committed not onely against the second table of Gods Commandements but also against the first We must therefore for his sake not onely endure that Superiours rule over us but also honour and esteeme of them with all reverence holding them for his Lieutenants and Officers to whom he hath given in commission to execute a lawfull and a holy function We therefore hold that we must obey their Lawes and Statutes pay Tributes Imposts and other duties and beare the yoke of subjection with a good and free will although they were Infidels Ob. But against this patience of the Saints Ob. and the wisedome of these good Christians it is objected by Goodwin and others of his Sect that either they wanted strength to resist or wanted knowledge of their strength or of their priviledge and power which God granted them to defend themselves and their religion or were over-much transported with an ambitious desire of Martyrdome or by some other misguiding spirit were utterly mis-led to an unnecessary patience and therefore we having strength enough as we conceive to subdue the King and all his strength and being wiser in our generation then all the generation of those fathers as being guided by a more unerring spirit we have no reason to pray for patience but rather to render vengeance both to the King and to all his adherents Sol. This unchristian censure Sol. and this false imputation laid upon these holy Fathers by these stabborne Rebels and proud Enthusiasts are so mildly and so learnedly answered by the Author of resisting the lawfull Magistrate upon colour of religion Where they are fully answered that more need not be said to stop the mouthes of all ignorant gain-sayers Therefore seeing that by the institution of Kings by the precept of God and by the practice of all wise men and good Christians Heathen Kings and wicked Tyrants are to be loved honoured and obeyed it is a most hatefull thing to God and man to see men professing themselves Christians but are indeed like those in the Revel Revel 2 9. which say they are Jewes and are not in steed of honouring transcendently to hate and most violently to persecute their owne most Chrâ—stian and most gracious King a sinne so infinitely sinfull that I doe not wonder to see the greatnesse of Gods anger to powre all the plagues that we suffer upon this Nation but I doe rather admire and adore his wonted clemency and patience that he hath not all this while either sent forth his fire and lightning from Heaven as he did upon Sodome and Gomorrah Gen. 19.24 Numb 16.31 to consume them or cause the earth to swallow them as it did Corah Dathan and Abiram for this their rebellion against their King or that he hath not showred downe farre greater plagues and more miserable calamities then hitherto we have suffered because we have suffered these Antichristian Rebels to proceed so farre and have with the Merozites neglected all this while to adde our strength to assist the Lords Annointed Judges 5.23 to reduce his seduced Subjects to their obedience and to impose condigne punishments upon the seducers and the ringleaders of this unnaturall and most horrible Rebellion CHAP. VI. Sheweth the two chiefest duties of all Christian Kings to whom the charge and preservation of Religion is committed three severall opinions the strange speeches of the Disciplinarians against Kings are shewed and Viretus his scandalous reasons are answered the double service of all Christian Kings 2. Christian Kings are to have double honour in respect of their double duty and how the Heathen Kings and Emperours had the charge of Religion 2. AS all Kings are to be honoured in the fore-said respects so all Christian Kings are to have a double honour in respect of the double charge and duty that is laid upon them As 1. To preserve true religion and to defend the faith of Dutie 1 Christ against all Atheists Hereticks Schismaticks and all other adversaries of the Gospell within their Territories and Dominions 2. To preserve their Subjects from all forraigne adversaries Dutie 2 and to prevent civill dissentions to governe them according to the rules of justice and equity which all other Kings are bound to doe but neither did nor can doe it so fully and so faithfully as the Christian Kings because no Law either Solons Lycurgus Pompilius or any other Greeke or Latine nor any Politique Plato Aristotle Machiavil or whom you will old or new can so perfectly set downe and so fairely 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 maintaine true religion well performed
any of these Sects that may be commorant within his Kingdomes Touching which I say that besides dissembling hypocrites and prophane worldlings that have no faith nor any other religion but the shadow of that religion whatsoever it is which is profest wheresoever they are Foure speciall sorts of false Professors 1. Jewes there may be in any Kingdome Jewes Turkes Papists Puritans and the like or to call them otherwise Idolaters Heretiques Schismatiques c. And 1. For the Jewes though they have many things in their religion which will ever alienate them from the Papists yet they have free leave to use their ancient Ceremonies in Rome Whitak against Campian translated by Master Stocke p. 311. saith Doctor Whitaker and it is well knowne that many pious Princes have permitted them to dwell and to exercise their owne religion in this Kingdome the old Jurie in London is so called because it was allotted for their abode and the Lawes of many Christian Emperours have in like sort permitted them to do the like in their Dominions With what cautions the Jewes are to be suffered Deut. 7.3 Exod. 23.32 Doctor Covell c. 14. p. 199. but with those cautions and limitations that Moses prescribed unto the Jewes to be observed with the Heathens and Idolaters that dwelt amongst them that is neither to make marriages with them nor to communicate with them in their religion And S. Augustine is reported to be so favourable towards them that he alleadgeth severall reasons for their toleration As 1. 1. Reason for their toleration That above and before others they had the promise of salvation and therefore though some of the branches be cut off and the case of the rest be most lamentable yet not altogether desperate and incurable Rom. 11.24 25 if we consider what the Apostle setteth downe of their conversion and re-unition unto the good right olive tree 2. That the Prophet David speaking of them made that Reason 2 prayer unto God Slay them not O Lord Psal 59.11 lest my people forget it but scatter them abroad among the Heathen and put them downe O Lord our defence for many excellent ends as first that their being scattered among the Christians might shew both the Clemency and severity of God towards us mercy and clemency and towards them justice and severity which may likewise happen unto us if wee take not heed as the Apostle bids us Rom. 11.20 Wee may not force the Jewes to beleeve Be not high-minded but feare and secondly that being among the Christians they might the sooner at all times by their charity and prayers be reduced the more willingly to imbrace the faith of Christ when as unwillingly wee may neither compell them nor take their children to be baptized from them And therefore as the Princes of this Realme for divers causes hurtfull to their State have banished them out of their Dominions so if they see good cause to permit them as time may change the condition of things they may do as by their counsell they shall be advised either the one or the other to receive them or reject them without offence because we find no speciall precept or direction in Gods Word either to banish or to cherish them in any Kingdome 2 Turkes 2 For the Turkes the reasons are not much unlike though something different and in my judgement no lesse tolerable then the other because somewhat neerer to the Christian faith therefore I leave them to the Lawes of each Kingdome to do as the wisedome of the Prince shall thinke fit 3. Papists 3 For the Papists the case is farre otherwise with them then either with the Turkes or Jewes because 1 They professe the same faith quoad essentialia the same Creedes the same Gospell and the same Christ as we do 2 It is not denyed by the best of our Divines but that they together with us do constitute the same Catholicke Church of Christ though they be sicke and corrupted yet not dead and we strong and sound yet not unspotted members of the same as I have more fully shewed in my booke of the true Church 3. Popist 3 It is not agreed upon by all our Divines that they are idolaters though they be in great errours and implunged in many superstitions because every Church in errour though never so dangerous is not so desperate as that Church which is Idolatrous or be it granted which some of our Protestants will not admit that they were Idolaters Carol. Sigon l. 5. c. 11. p. 174. yet seeing not only seaven speciall sort of heresies as 1 the Sadduces 2 the Scribes 3 the Pharises The Hemero-baptists such as baptized themselves every day 5 The Osseni which Josephus calleth Essai 6 The Nazarites And 7 the Herodians whereof some denied the resurrection and the being of Angels and spirits but also Idolaters and heathens that knew not God but worshipped the Devill insteed of God were not inhibited to dwell and inhabit among the Jewes of whose Religion notwithstanding God was as carefull to preserve the purity of it and as jealous to keepe them from Idolatry as of any Nation that then or ever after lived upon the earth it is no question but if it please the King permission may be granted them to exercise their owne religion not publikely and autoritative equally with the Protestant but quietly and so as I have shewed in my Grand Rebellion Grand Rebell c. 1. p. 5. 6. for I am not of their faith which hold it more safe and lesse dangerous to be conversant with the Turkes or Jewes and to have more neerenesse with them then with an Idolatrous Church that professeth Christ because that where the greater distance is from the true religion there the lesser familiarity and neerenesse should be in conversation and the greater distance in communion therefore as the wrath of God was kindled against the Israelites because they had the Jewes their owne brethren The least familiarity in conversation where there is greatest distance from truth in greater detestation then the Idumeant or the Egyptians whose idolatry must needs be farre greater and their Religion farre worse in their owne judgement then that of the Jewes so we may feare the like anger from God if we will be so partiall in our judgement and so transported with disaffection as to prefer a blasphemous Turke or an impious Jewe before those men though ignorantly idolatrous that do with all feare and reverence worship the same God and adore the name of Christ as we do And we read that the Emperour Justinus a right Catholique Prince as Bishop Horne calleth him Bishop Horne against Fekenham Iustinus gave a toleration to the Arians at the request of Theodoricke King of Italy granted licence that the Arians which denied the Deity of our Saviour Christ and were the worst of Heretiques and therefore worse then any Papist should be restored and suffered to live after
Church and State when their pretence was very good though the goodnesse of his Majestie in the tendernesse of his conscience was still loath to allow himselfe the liberty to dissolve it untill he had other juster and more cleare causes to pronounce it no Parliament as the abusing of his grant to the raising of an Army and the upholding of a Rebellion against their Soveraigne yet I believe he might safely have done it long agone without the least violation of Gods Law when their evill intentions were openly discovered by those Armies which they raised For I doubt not to affirme it with the Author of The sacred Prerogative of Christian Kings p. 144. if any good Prince or his royall Ancestors have beene cheated out of their sacred right by fraud or force he may at the fittest opportunity when God in his wise providence offereth the occasion resume it especially when the Subjects do abuse the Kings concessions to the dammage of Soveraignty so that it redounds also to the prejudice either of the Church or Common-wealth 3. When the King through feare 3. Grants gotten by force not to be observed not such as the Parliaments feare is who were afraid where no feare was and were frighted with dreames and causelesse jealousies but that feare which is reall and not little but such as may fall in fortem constantem virum doth passe any Law especially that is prejudiciall to the Church and injurious to many of his Subjects I say that when he shall be freed from that feare he is not onely freed from the obligation of that Law but he is also obliged to doe his uttermost endeavour to annull the same it is true that his feare may justly free him from all blame at the passing of it as the feare of the thiefe may cleare me from all fault in delivering my purse unto him because these are no voluntary acts and all acts are adjudged good or evill according to the disposition of the will the same being like the golden bridle that Minerva was said to put upon Pegasus to guide him and to turne him as she pleased The will must never consent to forced acts that are unlawfull His Majesties answer to the Petition of the Lords and Commons 16. Iuliâ— p. 8. but when his feare is past and God hath delivered him from the insurrection of wicked doers if his will gives consent to what before he did unwilling who can free the greatest Monarch from this fault Therefore His Majestie confessing which we that saw the whole proceedings of those tumultuous routs that affrighted all the good Protestants and the Loyall Subjects doe know that it could not be otherwise that he was driven out of London for feare of his life I conclude that the act of excluding the Bishops out of Parliament being past after his flight out of London can be no free nor just nor lawfull act and the King when he is more fully informed of many particulars about this act that is so preiudiciall to the Church of Christ and so injurious to all his servants the Clergy whose rights and priviledges the King promised and sware at His Coronation to maintaine Ob. cannot continue it in my judgement and be innocent Pag 31. But this is answered by the answerer to Doctor Ferne that he is no more bound to defend the rights of the Clergy by his oath then the rest of the lawes formerly enacted whereof any may be abrogated without perjury when they are desired to be annulled by the Kingdome Sol. His Majesties answer to the remonstrance or declaration of the Lords and Commons 26. of May. 1642. To which I say that as His Majestie confesseth there are two speciall questions demanded of the King at his Coronation 1 Sir Will you grant and keepe and by your oath confirme to the people of England the lawes and customes to them granted by the Kings of England your lawfull and religious predecessors And the King answereth I grant and promise to keepe them 2. After such questions as concerne all the commonalty of this Kingdome both Clergy and Laity as they are his Subjects one of the Bishops reads this admonition to the King before the people with a loud voice Our Lord and King we beseech you to pardon and to grant and to preserve unto us and to the Churches committed to our charge all Canonicall priviledges and due law and iustice and that you would protect and defend us as every good King in His Kingdome ought to be the protector and defendor of the Bishops and the Churches under their government And the King answereth With a willing and devout heart I promise and grant my pardon and that I will preserve and maintaine to you and the Churches committed to your charge all Canonicall Priviledges and due law and justice and that I will be your protector and defender to my power by the assistance of God as every good King in His Kingdome in right ought to protect and defend the Bishops and Churches under their Government Then the King laying his hand upon the booke saith The Kings oath at His Coronation two fold the things which I have before promised I shall performe and keepe so helpe mee God and the contents of this Booke Where I beseech all men to observe that here is a two fold promise and so a two fold oath 1. The one to all the Commonalty and people of England The frst part of the oath Populo Anglicano Vide D. p. 165. Clergy and Laity and so whatsoever he promiseth may by the consent of the parties to whom the right was transferred be remitted and altered by the representative body in Parliament quia volenti non fit injuria and the rule holds good quibus modis contrabitur contractus iisdem dissolvitur and therefore as any compact or contract is made good and binding so it may be made void and dissolved mutuo contrahentium assensu by the mutuall assent of both parties that is any compact where God hath not a speciall interest in the contract as he hath in the conjugall contract betwixt man and wife and the politicke covenant betwixt the King and His Subjects Contracts wherein God is interessed can not be dissolved without God which therefore cannot be dissolved by the consent of the parties untill God who hath the cheifest hand in the contract gives his assent to the dissolution and so when things are dedicated for the service of God or Priviledges granted for his honour neither donor nor receiver can alienate the gift or annull that Priviledge without the leave and consent of God that was the principall party in the concession as it appeareth in the example of Ananias and is confirmed by all Casuists 2. The other part of the oath is made to the Clergy in particular and so also with their consent The second part of â—he oath Clericis Ecclesiasticis D. p. 165. some things I confesse may perhaps
the throne of God and their judgement is the judgement of God 1. Chron. 19 21. and you know how often we are commanded in the Scripture to feare God the Poet saith 2. Chron. 19.6 primus in orbe Deos fecit timor where there is no feare of God Sap. 17.12 there is no beliefe that there is a God for feare is the betraying of the succors which reason offereth and when we have no reason to expect succour our reason tells us that we should feare that is the punishment which we deserved for those evills which deprived us of our succours and therefore this feare of the punishment The want of feare the cause of all mischiefe doth often times keep us from those evills even as the Scripture saith timor Domini expellit peccatum and the want of this feare is the cause of all mischiefe as the Prophet David sheweth when after he enumerated Rom. 3.13 the most horrible sins of the wicked that their throat was an open sepulcher P. 14. the poyson of aspes under their lips their mouth full of cursing and bitternesse and their feet swift to shed blood V. 7. he addeth this as the cause of all that there was no feare of God before their eyes And truly this is the cause of all our calamities that we feare not our King for if we feared him we durst not Rebell and revile him as we doe Why men doe so little feare God the King Eccles 5 6. But what is the reason that we doe so little feare either God or the King the sonne of Syrach sheweth it is their great mercy and clemency this which worketh love in all good natures produceth boldnesse impudency and Rebellion in all froward dispositions who therefore sinne because God is mercifull and will Rebell against their King because they know he is pittifull and milde and will grant them pardon as they believe if they cannot prevaile which is nothing else but like spiders to suck poyson out of those sweet flowers from whence the bees doe gather hony but let them not deceive themselves for debet amor laesus irasci love too much provoked will wax most angry patientia laesa fit furor and therefore the sonne of Syrach saith Eccles 5.5 6. concerning propitiation be not without feare and say not his mercy is great for mercy and wrath come from him and his indignation resteth upon sinners so though our King be as the Kings of Israel a mercifull minded man most mild and clement yet now when he seeth how these Rebells have abused his goodnesse and his patience to the great sufferance of his best Subjects he can draw his sword and make it drunk in the blood of the ungodly that have so transcendently abused both the mercies of God the goodnesse of the King When diverse people had Rebelled against Tarquin What Tarquin did to Rebells and his sonne had surprised many of their chiefe leaders he sent unto his father to know what he should doe with them the King being in his field paused a while and then summâ— Papavera carpsit with his staffe chopt off the heads of diverse weeds and thistles and gave the messenger none other answer but goe and tell my sonne what J am doing and his Sonne understanding his meaning did with them as Tarquin did with the Poppies so many Kings would have done with these Rebells not out of any love to shed blood but out of a desire to preserve Peace not for any naturall inclination to diminish their Nobility by their decollation but from an earnest endeavour to suppresse the community from unnaturall Rebellion ut poena in paucos metus ad omnes that the punishment of some might have bred feare in the rest and that feare of the King in them might keep his good Subjects from feare of being undone by them But all the World seeth our King is more mercifull What effects the Kings clemency wrought and hath sought all this while to draw them with the cords of love which hath bred more troubles to himselfe more afflictions to us and made them the more cruell and by their Oathes and Protestations Leagues and Covenants to doe their best to bring the King and all his loyall Subjects into feare if they may not have their own desires But we are not afraid of these Bug beares because we know this hath been the practice of all Rebells to linke themselves together with Leagues and Covenants as in the conjuration of Cateline and the Holy league in France and the like and many such Covenants and Leagues have been made with Hell to the utter destruction of the makers as when more then forty men vowed very solemnly and they intended to doe it very cunningly that they would neither eat nor drinke untill they had killed Paul Act. 23.12 for so they might be without meat till the day of judgement if they would keep their Oath and so these Covenanteers may undoe themselves by such hardening their faces in their wickednesse The Rebells Covenants shew they are grown desperate because this sheweth they are grown desperate and are come to that passe that they have little hope to preserve their lives but by the hazarding of their soules as if they thought the Divell for the good service they desire to do Him to overthrow the Church to destroy thousand soules may perchance doe them this favour to preserve their lives for a time to bring to passe so great a worke whereas we know the Church is built upon a Rocke and God hath promised to defend his annoynted so that all the power of hell shall never prevaile against any of these Wherefore to conclude this point seeing God hath put a sword into the hand of the King Rom. 13.4 the King bears not the sword in vaine but though it be long in the sheath he can draw it out when He will and recompence the abuse of His lenity with the sharpnesse of severity let us feare or if you would not feare doe well V. 3. saith the Apostle returne from your Rebellion and from all your wicked wayes and you may yet find grace because you have both a mercifull God and a gratious King 2. To have an high and good esteeme of our King and to make others to have the like 2. Sam. 15.6 2. As we are to feare so we are to reverence our King that is to have an high esteeme of His Majesty and to manifest the same in our termes speeches and communications accordingly to gaine the love of the rest of His Subjects towards Him and not as Absolon did by cunning and sinister expressions to steale away the hearts and affections of His People for to make mention of him either in our prayers or Sermons or in any other familiar talke so as if he were a friend to Popery an Enemy to the Gospell and carelesse of Justice
cause lest we should think it lawfull to swallow a Camell because we are able to streane a gnat and let us not be afraid where no feare is and think those things sinfull that are most lawfull A heavy judgement upon this Nation by mistaking sinnes 6. From perplexity which is a heavy judgement of God upon the wicked and hath now lighted very sore upon many of the Inhabitants of this land who thinke it Popery to say God blesse you and judge it idolatry to see a Crosse in Cheap-side 6. If it be of perplexity when a man is close as he conceives betwixt two sinnes where he seeth himselfe vnable though never so willing to avoyd both let him peccare in tutiorem partem which though it takes not away the sinne yet it will make the fault to be the lesse sinne as the casting away of the corne which is the gift of God and the sustenance of mans life is an unthankfull abuse of Gods creature Act. 27.38 yet as S. Paul caused the same to be cast into the Sea for the safeguard of their lives so must we doe the like when occasion makes it necessary as now rather to kill our enemies the Rebells though we should think it to be ill then suffer them to wrong our King and to destroy both Church and Kingdome because that of two things which we conceive evill When things are to be judged inevitable and are not both evitable the choice of the lesser to avoyd the greater is not evill but they are then to be judged inevitable when there is no apparent ordinary way to avoid them Hooker Eccles pol. l 5. p. 15. because that where counsell and advice doe beare rule we may not presume of Gods extraordinary power without extraordinary warrant saith iuditious Mr Hooker 7. If it be of too much humility 7. From too much humility which is an error of lesse danger yet by no meanes to be fostered lest by gathering strength it proves most pernitious they should pray to God to preserve them from too much feare Multos in summa periculamisit venturi timor ipse mali Lucan l 7. for though as S. Gregory saith bonarum mentium est ibi culpas agnoscere ubi culpa non est yet as J said before it is a heavy Iudgement and a want of Gods grace to be afraid where no feare is and it makes men to commit many sins many times for feare of sinne And thus having rectified our conscience in the understanding of all these things we are bound by the commandement of God to be obedient unto the commands of our King for it is a paradox to say Christians are free from the Lawes of men Act. 15.20 Rom. 13.2.3 1. Peter 2.13 because it was a human law touching things strangled blood and the Apostles doe exact our obedience unto human lawes even the Lawes of Heathen and Idolatrous Emperours and therefore being bound to obey them they cannot be freed in conscience from the Religion of them and so Dr Whitaker saith that as the Lawes of God must be simply obeyed without any difference of time place and circumstance so must the Lawes of men be obeyed as the circumstances doe require for example he that is a Roman and liveth at Rome must obey the Roman Lawes and he saith that the authority of the Magistrate which is sacred and holy cannot with any good conscience be contemned because it is the commandement of God that we should obey them Whitaker contra Camp p. 258. Ob. and this saith he doth binde the conscience when as the Apostle saith he is to be obeyed for conscience sake But you will say what if the King forbids me to doe what God commandeth as the high Priest did to the Apostles or commandeth me to doe what God forbiddeth as Julian did unto the Christians and Nebuchadnezzar to the three children We have often answered that in such a case Sol. it is better to obey God then man for it is sometimes lawfull not to obey Act. 5.25 but it is never lawfull to resist Ob. What if he compells us by force and violence to doe what God forbids us to do if he play 's the Tyrant violates our Laws and corrupts the true Religion with Idolatry and superstition may we not then as our forefathers did heretofore unto Chilperick King of France to Richard the second of this Kingdom and others bridle them and Depose them too if they will not be ruled by their Great Councell the Parliament I. â—â—gus â—â—â—saeus de â—â—thor princi 〈◊〉 Pop. I answer first Non spectandum quid factum sit sed quid fieri debuerit we are not so much to regard what hath been done as what ought to have been done as Arnisaeus proveth at large and sheweth most excellently with a full answer to all the articles that were alleadged against those Kings how unjustly they were handled and deposed contrary to all right and I wish that book were translated into English 2. Of our passive obed 2. I say that when our active obedience cannot be yeelded our passive obedience must be used for were our Kings as Tyrannicall as Nero as Idolatrous as Manasses as wicked as Achab and as Prophane as Iulian yet we may not resist wheÌ„ as Arnisaeus proveth by many many examples Idâ—m cap. 3. p. 68. that the Rebellion of Subjects against their King doth overthrow the order of nature and Justinian saith quis est tantae autoritatis ut nolentem principem possit coarctare but in such a case we must doe as all the Saints did before us not as the Heathens which thought them worthy of divine honour Cicero pro Milone Seneca in Hercul fur which did kill a Tyrant and said with Seneca victima haud ulla amplior Potest magisque opima mactari Iovi Quà m Rex iniquus But Christ and his Apostles suffered but never resisted the lawfull Magistrate as Christ himselfe suffered under Pontius Pilate a most wicked Magistrate and registred in the breviary of our Faith that we might never forget our duty rather to suffer then to resist the authority that is from Heaven and as Saint Ambrose answered the Emperour that would have his Church delivered to the Arians I shall never be willing to leave it coactus repugnare non novi if I be compelled I have not learned to resist I can grieve and weep and sigh and against the Armes and Gotish Souldiers my teares are my weapons for those are the Bulworkes of the Priest who in any other manner neither can neither ought he to resist so must all Christians rather by suffering death then by resisting our King to enter into the Kingdome of Heaven But 't is objected by our Sectaries Ob. The Author of the Treatise of Monarchy p. 31. Sol. The Law provides that the King should not be circumvented and wronged that His Majesty confesseth there is a
I take it infallibly true which Suarez faith Suarez de leg l. 5. c. 17. n. 3. fol. 316. acceptationem populi non esse conditionem necessariam tributi ex vi iuris naturalis aut gentium neque ex iure communi quia obligatio pendendi tributum ita naturalis est principi per se orta ex ratione iustitiae ut non possit quis excusari propter apparentem iniustitiam vel nimium gravamen Tribute due to the King the consent of the people is not any necessary condition of tribute because the obligation of paying it is so naturall springing out of the reason of justice that none can be excused for any apparent injustice or grievance and therefore the Parliaments that are the highest representations of any Kingdome doe not contribute any right unto Kings to challenge tribute but doe determine the quota pars and to further the more equall imposing and collecting of that which is due unto Kings by naturall and originall justice as a part of that proper inheritance which is annexed unto their Crownes And therefore our Saviour doth not say give unto Caesar but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Math. 22. the same word which S. Paul useth when he biddeth us to pay our debts and to owe nothing to any man saying 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Rom. 13. Latimer in Mat. 22.21 pay to every man that which you owe and Father Latimer saith if we deny him tribute custome subsidy tallage taxes and the like aid and support we are no better then Theeves and steale the Kings dues from him Navar. apud Suarez de legibus fol. 300. fol. 311. because the Law testifieth tributa esse maximè naturalia prae se ferre justitiam quia exiguntur de rebus propriis and Suarez saith penditur tributum adsustentationem principis ad satisfaciendum naturali obligationi in dando stipendium iustum laboranti in nostram utilitatem tribute is most naturall and iust to be paid to the King for our own good therefore Christ pleading for the right of Caesar that was a Tyrant saith not give unto him quia petit because he demands it but pay unto him quae illius sunt the things that are his and are due unto him even as due as the hirelings wages which we are commanded not to detaine for one night Deut. 24.15 because this is a part of that reward and wages which God alloweth him for all his pains and cares that he takes to see Iustice administred in the time of Peace and to protect us from our enimies in the time of Warre which makes the life of Kings to be but a kind of splendid misery wearing may times with Christ a Crowne of Thornes a Crowne full of cares while we lap our heads in beds of downe and therefore it is not only undutifulnesse to deny him or unthankefulnesse not to requite the great good that he doth unto us but it is also a great iniustice especially if we consider that as Ocham saith Qui est Dominus aliquarum personarum est Dominus rerum ad easdem personas spectantium omnia quae sunt in regno sunt regis quoad potestatem utendi eis pro bono communi Ocha tract 2. l. 2. c. 22. 25. to detaine that right from him which God commands us to pay unto him and that indeed for our own good as Menenius Agrippa most wittily shewed unto he People of Rome when they murmured mutined for these axes that whatsoever the stomack received either from the â—and or mouth it was all for the benefit of the whole body so whatsoever the King receiveth from the People it is for the â—enefit of the people and it is like the waters that the Sea receiâ—eth from the Rivers which is visibly seen passing into the Oâ—ean but invisibly runneth through the veines of the earth into â—he rivers againe so doth all that the King receiveth from the People returne some way or other unto the People again And there be sixe speciall reasons why or to what end we should pay these dues unto the King Six reasons for which we pay Tribute unto the King 1. For the Honour of His Majesty 2. For the security of His Person 3. For the protection of his Kingdome 4. For the succour of His confederates 5. For the securing of our 1. Goods 2. Estates 3. Lives 6. For the propagating of the Gospell and defence of our Religion But for the further clearing of this poynt you must know that every just and Lawfull tribute must have these three essentiall conditions that are proprietates constitutivae Three conditions of every lawfull Tribute 1. Legitima potestas that is the Kings power to require it 2. Iusta causa an urgent necessity or need of it 3. Debita portio a due proportion according to the Kings necessities and the peoples abilities that he be not left in need nor the people overcharged For As the Subjects are thus bound to supply the necessities of their King so the King is not to over-charge his Subiects for the King should be the Sheapheard of his People as David calls himselfe and Homer tearmeth all good Kings and not the devourer of his people Kings should not overcharge their Subjects as Achilles calleth Agamemnon for the unreasonable taxes that he laid upon them therefore good Kings have been very sparing in this poynt for Darius inquiring of the governours of his Provinces whether the tributes imposed upon them were not too excessive and they answering that they thought them very moderate he commanded that they should raise but the one half thereof A worthy speech of Lewis 9. which had Rehoboam bin so wise to do he had not lost ten parts of his Kingdom and Lewis the ninth of France which they say was the first that raised a taxe in that Kingdome directing his Speech to his sonne Philip and causing the words to be left in his Testament which is yet to be found Registred in the chamber of accounts said be devout in the service of God have a pittifull heart towards the poore and comfort them with thy good deeds observe the good Lawes of thy Kingdome take no taxes nor benevolences of thy Subjects unlesse urgent necessity and evident commodity force thee to it and then upon a just cause and not usually if thou doest otherwise thou shalt not be accounted a King but a Tyrant and it is one of the gratious apothegmes of our late noble and never to be forgotten Soveraigne King Iames his golden apothegme Basilicon doron l. 2. p. 99. worthy to be written in letters of gold where speaking to his sonne he saith inrich not your selfe with exactions from your Subiects but think the riches of your Subiects your best treasures Artaâ—er said it was a great deale more seemlier for the Majesty of a King to give then to take by polling to cloath then to uncloath which belongeth to Theeves
in cogendis pecunus quotidianoque victu sequebantur Aubanus What things kings have granted And there be some things which our Kings have granted unto their Subjects and restrained themselves from their full right as the use of that power which makes new Lawes or repeales the old or layeth any taxe or summes of monies upon his Subjects without the consent of the Lords and Commons in Parliament and it may be some other particulars which the Lawyers know better then I. And all these Priviledges of the Subjects are but limitations and restrictions of the Kings right made by themselves unto their people and therefore where the Law cannot be produced to confirme such and such Liberties and Priviledges granted unto them I say there the Kings power is absolute and the Subject ought not in such cases to determine any thing to the disadvantage of the King because all these Liberties that we have are injoyed by vertue of the Kings grant as you may see in the ratification of Magna Charta where the King saith We have granted and given all these Liberties 9. Hen 3. But I could never see it produced where the King granted unto his Subjects that they might force him and compell him with a strong hand by an Army of Souldiers to doe what they will or else to take away either his Crowne or his Life this Priviledge was never granted because this deprives the King of his supremacy and puts him in the condition of a Subject and would ever prove an occasion of rebellion when the people upon every discontent would take Armes against their King And therefore this present resistance is a meere usurpation of the Kings right a rebellion against his Lawes an High Treason against his person and a resistance of the ordinance of God which heape of deadly sinnes can bring none other fruit then damnation saith the Apostle CHAP. XIV Sheweth the Kings grants unto his people to be of three sorts Which ought to be observed the Act of excluding the Bishops out of Parliament discussed the Kings Oath at his Coronation how it obligeth him and how Statutes have beene procured and repealed 2. 2. The Kings obligation to observe his grants WE are to consider how farre the King is obliged to observe his promise and to make good these Liberties and Priviledges unto his Subjects where I speake not how farre the fathers grant may oblige the sonne or the predecessor his successor Peter de lâ Primandas saith Laws annexed to the Crowne the Prince cannot so abrogate them but his Successor may disanull whatsoever he hath done in prejudice of them p. 597. who cannot be deprived of his right dominion by any act of his precedessors but for the rights of his dominion how farre precedent grants and the custome of their continuance with the desuetude and non-claime of his right may strengthen them unto the Subject and oblige the successors to observe them I leave it unto the Lawyers and Civilians to dispute but I am here to discusse how farre the King that hath promised and taken his oath to observe his Lawes and make good all priviledges granted to his Subjects is bound in conscience to keepe and observe them Touching which you must understand that these grants of immunities and favours are of three speciall kindes 1. Of grace 2. By fraud 3. Through feare For 1. The King that hath his full right 1. All grants of grace ought to be observed either by conquest or succession over his people to governe them as a most absolute Monarch and out of his meere grace and favour to sweeten the subjection of his people and to binde them with the greater love and affection to his obedience doth minuere sua jura restraine his absolute right bestow liberties upon his people and take his oath for their security that he will observe them is bound in all conscience to performe them and can never be freed from injustice before God and man if he transgresse them Quia volenti non fit injuria because they doe him no injury when he doth voluntarily either totally resigne or in some particularity diminish his owne right The true Law of free Monarchs p. 203. but after he hath thus firmely done it he can never justly goe from it and therefore King James saith that a King which governeth not by his Lawes can neither be accountable to God for his administration nor have a happy and established raigne because it cannot be but that the people seeing their King failing of his duty will be alwayes murmuring and defective in their fidelity And Yet the Kings breach of oath doth neither forfeit his right nor warrant their disloyalty because another mans sinne doth no way lessen mine offence and neither God nor the King granted this priviledge unto Subjects to rebell and take Armes against their Soveraigne when they pretend he hath broken his promise 2. Grants obtained through fraud which to be observed 2. When the King through the subtle perswasions of his people that pretend one thing and intend another shall be seduced to grant those things that are full of inconveniences as our King was over reached and no better then meerly cheated by the faction of this Parliament to grant the continuance of it till it should be dissolved with the consent of both Houses and the like Lawes that are procured by meere fraud that soonest over-reacheth the best meaning Kings I answer with the old Proverbe Caveat emptor he ought to have beene as wise to prevent them as they were subtle to circumvent him and therefore Josh 9.20 as Joshua being deceived by the Gibeonites could not alter his promise nor breake his league with them lest wrath should fall upon him so no more should any other King breake promise in the like case Psal 15.5 But you must observe that the Psalmist saith The good man which shall dwell in the Tabernacle of the Lord is he that sweareth unto his neighbour and disappointeth him not though it were to his owne hinderance marke though it were to his owne hinderance never so much Quicquid fit dolo malo annullat factum imponit poenam summa Angel he must performe it but what if he hath promised and sworne that which will be to the great dishonour of God to the hinderance of thousands of others and it may be to the ruine of a whole Kingdome which is a great deale more then his owne hinderance is a King bound or is any man else obliged to performe such a promise or to keepe such an oath to tell you mine owne judgement I thinke he ought not to performe it and our owne Law tels us what grants soever are obtained from the King under the broad Seale by fraud and deceit those grants are void in Law therefore seeing the act for the perpetuity of this Parliament was obtained dolo pessimo to the great dishonour of God and the ruine both of