then our own nor doe I speake so much of our 〈◊〉 as of every Common-wealth diligence 〈…〉 that all may come to know and understand if they will bee safe that they must obey necessity For as Tacitus hath it neither the quiet of Nations can be had without Armes nor Armes be had without Stipends nor can Stipends be had without Tributes These these saith Cicero are the ornaments of Peace and the muniments of Warre In the beginning of things saith Justine the government of Countreyes and Nations was in the power of Kings whom no popular ambition but approved moderation amongst good men did advance to this heighth of honour The people was not tyed by any Laws but the Arbitrament and pleasure of their Princes was instead of Laws unto them Pomponius speakes to the same purpose Whenas hee saith And to speake truth in the beginning of our City all things were governed by the Kings disposall And Ulpian seconds him That which pleaseth the King saith he had the force of a Law As when by the Royall Law which is given concerning his Empire the people doth confer all their power and authority to him and on him Whatsoever therefore the Emperour hath ordained subscribed by writing or by any edict commanded it is a Law without contradiction these are those which we commonly call Constitutions Justinian the Emperour to Demostenes thus writeth If the Imperiall Majesty shall have throughly examined the cause and given sentence to the parties present let the Judges know who are within our Empire that this shall be a Law not onely for that cause for which it was given but for all causes of the like nature For what is greater what more inviolable than the Imperiall Majesty or who is So puft up with the conceit of pride as that hee dare contemne the understanding of the King Whenas the founders of the old law doe plainely clearely define that those Constitutions which did proceede from Imperiall determination doe obtaine the force and vigour of a Law And a little after hee addeth these words For if for the present it be granted to the Emperour onely to make Laws it is onely worthie an Emperour to interpret Laws Whereupon he thus concludes Therefore these ridiculous ambiguities exploded the Emperour alone shall be most justly reputed to be both the maker and interpreter of Laws This Law nothing derogating from the makers of the old Laws because Imperiall Majesty gave the same priviledge even unto them By me saith the eternall Wisdome of God doe Kings reigne and Princes decree Justice From whence Saint Augustine whose sentence is reckoned amongst the Canons doth thus argue By what right do you defend the Church by Gods Law or by mans we have the Law of God in the Scriptures and we have the law of man in the Constitutions of Kings And not far after Therefore by the law of man by the Law of Kings Why so Because God hath distributed the Laws of men to mankinde by Kings and Princes So in another place be thus reasons For if it be lawfull for a King in a City where he hath dominion to command anything which neither ever any before him nor yet he himselfe commanded and not contrary to the society of that Citie he is obeyed yea contrary to the society he is not obeyed for it is a generall pact and covenant amongst humane society to obey their Kings how much more then ought we to obey God the governour of every creature and serve him without any doubt in those things which he hath commanded Aristotle teacheth that there are three parts of every Common-wealth {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} One which consults for the good of the Republique {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} another which is versed in government {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} a third which doth exercise it selfe in judicature But that is the chiefest which consults of Warre and Peace of society and leagues of Laws and death of banishment and publicating of goods of making and receiving accounts Yet in another place he seemes to recall these three into two parts in these words {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} For there are actions of a City both of those who doe command and of those who doe obey but the scope and office of him that governes consists in commanding and in judgeing Of later wrjters Bodinus whose sentence yet is approved with the common consent of the learned defines this power of the supreame Magistrate which he calls by the name of Majesty to be an absolute and perpetuall authority over Citizens and Subjects and not tyed to any Laws It is manifest therefore that all other heads of Majesty are included in this absolute power of making and taking away of Laws Insomuch that we may rightly call it the chiefest power of a Common-weale comprehended in this one thing which is to give Laws to all and every Subject never to receive any from them For by his own right to make warre with adversaries and at pleasure to contract peace with them although they may seeme to be somewhat discrepant from the appellation of Law yet they are done by law that is the command of Imperiall authority So likewise it is a Prerogative of Majesty to take notice of Appeales fro higher powers to give and abrogate Commands to supreame Officers to dispose of Offices when they are vacant to give Immunities and free Citizens fró Laws to have the Power of life death to set a price name and figure upon moneyes and to impose an Oath upon Subjects All which things both of commanding forbidding come within the supreame power that is to give Laws to all every Subject and to receive from none but the immortall God These are some of the Royall Prerogatives which have been premised in generall and promiscuously but the Politicians are more exact in describing these rights of Majesty and Royaltie and they make them of two sorts Greater and Lesser The Greater prerogatives belonging unto Majesty are those which doe primarily and more principally appertaine to the chiefe authority of the King of Emperour And they are First The power of making and abrogating Laws at pleasure as the necessity of the Common wealth shall require For this is as Bodinus hath it the prime and principall head of Majesty and without this the Folitique Power cannot long stand For it is as the Juris-consults have determined the propriety of Law to command But an Emperour or King without a command what other thing is he than as a dreame without sleepe But this must be understood of the Nomothetique or Legislative power which doth institute Laws by its own authority and not by the command of another And therefore it is more than manifest that the Decemuiri amongst the Romans who were enforced to seek to the people for the
confirmation of those Laws which they had made as Livie relates could not be said to make them by the right of Majestie Secondly a second Right of Majesty is extreame provocation that is that Subjects cannot appeale from the Laws that are made by Imperiall Majesty For it is a most certain signe of a limited power if an appeale may be made from the Law giver to a Superiour And hereupon Bodinus infers that the Dictators did not shine with Royall Majesty and that they were not the chiefe Magistrates but Curatours onely or Commisaries as we call them For the Father of Fabius did appeale from Papirius then Dictatour unto the people Ad Tribunos appello so Livie repeates his words ad populum provoco qui plus quà m Dictatura potest I appeale saith he to the Tribunes I protest to the people who have more power than the Dictatorship Now an Appeale as Bedinus hath it is a Suspension of the jurisdiction of an inferiour Judge by a lawfull invocation of a superior made in the same judicial place and alwayes ascends with the order of Magistrates untill it comes to the highest power in which it must necessarily acquiesce and rest As for example In the Romane Empire the chiefe tribunall is the Imperiall Chamber In France and with us in England the High Court of Parliament and in other inferiour Principalities the Princes chiefe Court A third right of Majesty is the Creation of Dukes Marquesses Earles Barrons and other Noble men For it is without doubt that the King or Emperour is the Fountaine of all Nobility and Dignity Fourthly another Prerogative of Majesty is the founding of Academies For this is referred to the eminence preheminence of Kings Emperours which the Pope cannot as Baldus doth insinuate without unjust usurpation ascribe to himselfe And this not to speak of our own two famous Universities the most ancient Academies do evidence unto us of which the University of Bononia the mother of Students which was first erected by Theodosius afterwards repaired by Carolus Magnus and endued by them with many immunities and priviledges is a sufficient witnesse What shall I say of the Vniversities of Prague Paris and Padua who acknowledge not without respective gratitude the Emperours of the same name to be their Founders and Benefactors And therefore the approbation of the Pope is not requisite for the founding of an Academy because the Civilians tell us that the jurisdiction which is exercised beyond the territory of him that commands is most worthily to be rejected Lastly other Politicians are wont to referre to the Regalities of Majesty the Calling of Councills and Synods Legitimation Restitution of fame the ordering of all judicialls the indicting of war and conclusion of Peace and the like of which you may reade in Althus in Pol. C. 7. and Thom. Mich de jurisdict Concil. 11.32 and 47. The lesser Rights belonging to Majesty which the King or Emperour may more easily dispence with then the Greater are the Remitting or lessening of penalties and mulcts customes tributes the rights of faires or publiplique Mercats of which you may likewise reade L. un C. de nund Jus Saxon. l. 3. art 66. and l. 2. art 26. Mysing 5. obser. 29. n. 1.2 Nou. 89. C. 9. Vult l. 1. Iurisp c. 23. n. 13. But to returne where we did digresse the King who hath the cheife and absolute command in Monarchy the parent yea the author of the law and {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} a living law is far greater then the law as one who by authority given him from God can when he sees it fitting whether his Subjects will or no yea without their consent either make or abrogate the law Nor hinders it that he makes use of Counsellours and Ministers for so he doth lessen his care and sollicitude which in the government of a Kingdom aright is the greatest but not diminish the power of his Command or Ecclipse his Majesty The Emperours were wont to say that we account it of our Princely clemencie Worthy Senatours if when hereafter any emergent necessity shall happen either in the private or publique cause which doth require a generall forme and not inserted in the ancient laws that it be treated of by all as well the Peeres of our Court aforehand as by your most Honourable assembly and that if it shall seeme good to all the Iudges as well as your selves it be then dictated as a law and so when you be all met together that it be read again and when all shall have consented unto it then at length that it be repeated in the sacred Consistorie of our Majesty that so the common consent of all may be confirmed with the authority of our Highnesse c. Hence is that of the Iurisconsults that a Prince alone can make statutes although it be his courtesie that he doth admit the Counsell of his Peeres The Communication of Counsels doth not introduce a Consortship of the Kingdom For the rights of Majesty as Bodinus hath it may be attributed to the chiefe Prince but not to Magistrates or private men but if they be ascribed to either then they cease to be the prerogatives of Majesty And as a crown if it be distracted into parts or communicated loseth the name of a Crown so the rights of Majesty vanish if they be communicated with the subject That which is more evident by the common decrees of the Lawyers Those rights can neither be passed away nor divided nor any wayes abalienated from the chiefe Prince nor can they be prescribed by any diuturnity of time For which cause Baldus doth call them Sacra Sacrorum and Cynus the Individualls of Majesty But if the chief Prince shal once Communicate these unto the subject instead of a Servant he is like to have a consort of his Empire and in the meane while he loseth the Regality of Majesty in that he cannot be said to be the chief Prince because he is chiefe who neither hath a Superiour nor yet Co-partner of his Empire But because Princes when they are publikely inaugurated doe religiously promise that they wil maintain the rights of their Ancestors the former Constitutions of the Empire and other things of that nature therefore may some thinke they are tyed by their oath to observe them nor can they with a safe conscience any way relinquish them To this it is answered that Princes do no wayes prejudice themselves by swearing but that they may as freely administer to the good of the Common-wealth as if they had not sworn at al for they sweare nothing but that to which if they had not sworne they are obliged For that which is just and equal that by their office they are bound to observe and do but to doe that which is evil and unjust they cannot be bound by any Covenant or promise whatsoever though they have
he includes all of all orders and states all sexes and conditions As if hee should have said All whatsoever they be that do live in a Common-wealth must submit themselves to the supreme Magistrate that is the head of that Common-wealth So that in the Apostles precept we have not onely implyed the qualities of their persons that are subjects but we have also expressed the nature of their duties viz. Subjection and obedience We shall not need to goe farre then to search after the duty of Subjects to their Prince the Apostle he hath done it to our hands it is Obedience And so the Augustane Confession in the 16. Article doth acknowledge it The first Commandement of the second Table which as the Apostle speaks is the first Commandement with promise doth set forth this duty by the name of Honour For So we read it in the Decalogue Honour thy father and thy mother that thy dayes may be long in the land which the Lord thy God giveth thee Exod. 20.12 Where by father according to the unanimous consent of all Divines we are to understand not onely our naturall father that did beget us but our spirituall Father also that doth teach us and our Civill father likewise the King who is Pater patriae the Father of our Country that doth protect us And then by honour which we are commanded to yeeld to this Father we are to conceive all those duties which are comprehended in it Now the Politicians doe tell us that this name of Honour doth consist of sixe severall members which doe imply as many severall duties which every Subject is bound to performe to the Prince his head viz. Agnition Reverence Love Obedience Gratitude and Equity The first member wherein this honour doth consist and the first duty which every Subject is to performe unto his Prince is Agnition that is an acknowledgement of Gods Ordinance in the office of the Prince For God will have his owne Ordinance to be acknowledged in the Civill Magistrate and that we doe conceive of him as constituted by God seeing that as the Apostle speaks there is no power but of God and the powers that be are ordained of God After which manner did the woman of Tekoah conceive of King David when as she being sent by Joab to intercede for Absolom that he might returne from his banishment into the Kings favour For as an Angel of God saith she so is my Lord the King to discern good and bad And a little after My Lord is wise according to the wisdome of an Angel of God And so did Mephibosbeth esteem of him when as he did compellate him with the same title But my Lord the King is as an Angel of God Which agnition and acknowledgement of Gods ordinance in him is a notable meanes to stir up our obedience to him The second member wherein this honour doth consist is Reverence when as Subjects look upon their Prince not onely as a man but as a man of God and reverence not so much his person as his office For the King is Gods legat and his Vicar presenting his person And therefore Saint Peter when he exhorts to the feare of God he doth annex the honour of the King as if there can be no true feare of God without due reverence to the King who presents Gods person For which cause Solomon the wisest of men richest of Kings doth joyne the feare of God and the King together the King for presenting Gods perion is called God not {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} as Plato styles him as a God amongst men but {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} an earthly God being Gods Minister Yea as the Prophet David and before him Moses God himselfe Yea to goe farther God himselfe doth so call him Ego dixi I have said it Ye are Gods Which yet we must not understand as if they were so {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} indeed but {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} in name not {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} by nature but {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} by office And so much the very heathen did acknowledge For it is reported of Philip of Macedonia that he was wont to say that a King ought to remember that he being a man doth discharge the office of God and the office which he doth execute is from thence named {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} a power like unto Gods Whence it is that S. Augustine saith the King bearing the image of God ought therefore to be reverenced if not for himselfe at least yet for his office sake The third member wherein this honour doth consist is Love And it is another duty of Subjects to love their Princes Not onely for their office which they in the name and place of God do undergoe but for the manifold benefits and commodities which they receive from them by their happy government Thus was King David accepted in the eyes of all the people whither soever he was sent Kings as you heard are Patres patriae Fathers of their Country and therefore Subjects ought to respect them with a filiall love even as children do love their fathers A fourth member wherein this honour doth consist is Obedience Subjects must willingly and readily yeeld obedience to all the just and honest commandes of their Princes which do no wayes repugne the lawes of God They must not onely acknowledge Reverentiam Subjectionis a reverence of Subjection but they must also give them obedientians jussionis an obedience to their just commands For as Saint Chrysost 〈◊〉 observeth a people that obeyeth not their Prince is like to them that have no Prince at all yea and in a worse estate for you cannot call that a Kingdome where the King is neglected and his Laws not observed He seemeth to mee to have lost his Kingdome saith the Philosopher who hath lost his due obedience from his Subjects And therefore Subjects must obey their Prince not onely for feare of wrath that is to escape punishment if they neglect their duty but also for conscience sake as the Apostle teacheth because God commands them The fift member wherein this Honour doth consist is Gratitude Subjects are bound by way of thankfulnesse to honour their Princes if it were for no other reason but because they do dayly enjoy the benefits of peace prosperity and protection by them Which gratitude must expresse it self by two other virtues as necessary as it self and without which it cannot subsist and they are these Verity and Justice Verity in acknowledging what great blessings favours and emoluments they receive by them and Justice in endeavouring to make satisfaction and compensation for them And for this cause it is that they pay them Tenths Subsidies Customes and Tributes without which not the King onely but the Kingdome also