Selected quad for the lemma: death_n
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A30679
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Advice to the Commons within all His Majesties realms and dominions written by Jacob Bury, Esq. ... ; containing the perfect harmony, consent and agreement between divinity and law, in defence of the government established by law in church and state, and that kingly government is by divine right.
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Bury, Jacob.
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1685
(1685)
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Wing B6212; ESTC R6090
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62,727
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80
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when Housholds grew to that greatness that they were like to little Commonweales so that Abram out of his own Houshold could raise an Army of 318 Gen. 14.14 then being not only patres familias but in Title Kings they were called by a mixt name of both Patriarchae which signifies Fathers and Kings at length when by the increase of the World many Houses and Towns joyned in subjection to some one Soveraign Power then was pater left out and they were called by that name they now have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Powers or Rulers and thus we had Magistracy begun by God himself in the very cradle of Nature So that our Obedience to Princes is a very material great and important Point of Religion since the Scriptures dictate to us that the beginning of Kingdoms was first lege Naturae after institutione Dei lastly consensu voto populi for though the Israelites demanded a King 1 Sam. 8th yet they asked him to be made by Samuel as the mouth of God and after Samuel had told his Power and Prerogatives over them then notwithstanding all they gave their absolute Assent to yield to him ver 19 and 20th to be their Judge in Peace and Captain in War Whence I pray with me observe that even at the very first settling and constituting Kingly Government the Legislative Power was given to the King he was to be their Judge in Peace and the Militia and Power thereof was then also given to the King he was to be their Captain in War Hence it is that it was said by Bracton cited by Coke 7.11 b. Est Corona Regis facere justitiam tenere pacem c. and again in Coke 7.25 b. that it belongeth only to the King faedus percutere bellum indicere so that to do Justice and preserve the Peace to put a suspention to War by making a League or Truce and to proclaim War is jus Majestatis inter insignia est summa Regis potestas amongst all the signally highest Points of the Kings Prerogative these are only the Rights inherent to the Supream Power of the King and so you have a perfect harmony between Divinity and Law and our Law agreeth with the Law of God And to shew you further wherein it is not dissonant but doth quatuor pedibus currere run upon all four and is fully agrreing with the Law of God mark what St. Peter commands 1 Pet. 2 chap. 13 14 verses Submit your selves to every Ordinance of Man for the Lords sake whether it be to the King as Supream or unto Governours as unto them that are sent by him for the punishment of evil deers and for the praise of them that do well in which words all Believers both Jews and Gentles are disswaded from Rebellion and by St. Peter are admonished and commanded to be obedient to Authority for in these words of the Apostle the Authority of the Magistrate both Supream and Subordinate is fully Established and Justified not by Humane only but also by Divine Right not as a thing brought into the World by the Ambition of Governours that they may have a prae esse a precedency or preeminence above others only but that they should afford their prodesse too and be instruments of good and welfare to the whole Community It is true Civil Government or Magistracy is called by St. Peter Mans Ordinance or humana ordinatio the Ordinance of Man And so it may be said to be Subjectively as being joyned or born by Man or Objectively as imployed amongst Men or Finalliter in respect of the End it is for the Good of all Men. But that Kingly Government may plainly be demonstrated not only to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Creature or Creature of Man but also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Creation or Creature of God let us consult again 1 Sam. 8th ver 21 22. where we have the Prophet Samuel rehearsing the words of the People in the Ears of the Lord. And the Lord saying to Samuel in the Imparative Mood altogether hearken to their Voice and make them a King So we have the word of God Almighty himself expresly for the Constituting of Kingly Government And let St. Paul be admitted to comment upon St. Peter who in the 13th of the Romans 1 and 2. saith Let every Soul be Subject to the Higher Powers for there is no Power but of God the Powers that be are Ordained of God whosoever therefore resisteth the Power resisteth the Ordinance of God and Denounceth no less pain than Damnation to them that resist Therefore as St. Peter adviseth for the Lords sake yea and for our own sakes we are to submit our selves to every Ordinance of Man For as St. Jermin D. and Stud. 32. saith Laws made by Man that hath received Power from God to make Laws are made by God And again Fol. 131. They that regard not the Kings Laws resist the Ordinance of God And as Kingly Government is derived from so it is Defended and Preserved too by God himself In time after the late Usurpers had deprived his Sacred Majesty King Charles the First of Wife Childern Army Friends Freedom and Life and that their Power seemed to be above all Rule Order and Law then it pleased God to still the rageing of the Sea and to put a stop or stay to the Madness of the People and by his secret Power to direct their Hearts to cry out and in their extremities for the Reviving the Laws of the Land both in Church and State to insist upon the having of a free Parliament which in Gods time opened the Door for the letting in of his late Sacred Majesty to his most Miraculous and Happy Restauration God at length shewed the People of this Nation that King Charles the First chose rather to suffer for them than with them for he happily might have redeemed himself to some shew of Liberty if he would or rather could have consented to enslave us he might have avoided that ruine that befell him if he could have been willing to have confirmed many Tyrants over us He that said Touch not mine Anointed and do my Prophets no harm certainly may we say it is he alone that by some secret Power upholds his own Ordinance against the Violence and Machinations of Rebels and Thieves to and from it we may say and acknowledge giving the Praise and Glory to God alone for the same that he is columnarum columna the Pillar that bears up the Pillars he is scutorum scutum the Shield of Protection for the Shields of our Earth And that plainly appears by those Judgments wherewith God hath cut off those that have Rebelled with his own hand from Heaven Korah and his Company Numb 16th for making Head against Moses and Aaron those leaders of Gods People that died not the Common death of all Men but the Earth as weary of such a burthen opened her Mouth and swallowed them up and they went
amongst the rest he gave him a special charge to shew kindness not unto Chimham only but unto all the Sons of Barzillai the Gileadite charging him that he let them be of those that Eat at his Table rendring this for reason for so they came to me when I fled because of Absalom thy Brother Absit be it far from me I do not mention this matter as if I would thence infer that King David was obliged to have done this Honour to Barzillai and his Sons No! Cujus est dare ejus est disponere he that hath the power to give Honour or Reward hath also the disposing power to give to whom what and when he pleaseth and the very words of Barzillai and why should the King recompence it me with such a reward manifest that good old Barzillai thought it his bounden Duty to do what he had done And as appears by the preamble of the Statute of 11th H. 7th ca. 1. Every Subject of this Realm of England by Duty of Allegiance is bound to serve his Prince and Soveraign Lotd in his Wars for the defence of him and the Land against every Rebellion Power and Might reared against him and with him to enter and abide in service in Battel And Sir Edward Coke also in the 7th parr of his Reports Fol. 7. b. 8. a. saith that all Subjects are bound to go with the King in War infra extra regnum both within and without the Kingdom CHAP. IX Herein you have a Subject defined you have Ligeance defined and is shewed that the King hath two Capacities the one Natural and the other Politick that the body Politick cannot be separated from the Body Natural that Ligeance is due to the Natural Body of the King that the Kingdom of England admits of no interregnum and that the Disherison of the Right Heir of a Kingdom is wont to be the beginning of Civil Wars NOW whosoever is born under a natural Ligeance due by the Law of Nature is a Subject And it is neither caelum Heaven nor solum the Soil that makes the Subject but Ligeance which is of as large extent and Latitude as the Royal Power and Protection of the King is which Allegiance or Ligeance is a true and faithful Obedience of the Subject due to his Soveraign and is or ought to be an incident inseperable to every Subject because Ligeantia est vinculum fidei the bond of Faith est quasi Legis essentia est ligamentum quasi ligatio mentium quia sicut ligamentum est connexio articulorum juncturarum c. As the Ligatures or Strings do knit together all the Joints of all the parts of the Body so doth this Ligeance joyn together the Soveraign and all his Subjects quasi uno ligamine as in one knot or tye In some Acts of Parliament Subjects are called Leige Subjects or Leige People and again in some Acts of Parliament the King is called Leige Lord of his Subjects so that I may further say Ligeantia est quid quodamodo reciprocum a certain Reciprocal thing hence it is we say Protectio Regis tiahit subjectionem subditi subjectio subditi trahit protectionem Regis The Protection of the King doth draw or attract the Subjection of the Subject and the Subjection of the Subject doth draw or attract to it the Protection of the King So that this Ligeance is the mutual Bond and Obligation between the King and his Subjects whereby Subjects are called his Leige Subjects because they are bound to Obey and Serve him as well in times of War as in times of Peace and he is called their Leige Lord because he is to maintain them in their just Rights and Liberties by the power of the Sword times of War and by the Legislative power to defend them in times of Peace from Injuries and Oppressions Now the King is said to have Two Capacities one Natural the other Politick one framed of God the other by the Policy of Man one subject to Infirmities the other not And the Estate Royal or Politick doth not confound the capacity of his Body Natural but their Capacities remain distinctly as in other Persons that have double capacity as a Bishop or a Dean c. Plow 234. a. and the Body Politick of the King may not be disjoyned or separated from his Body Natural Plow 230. a. 242. b. So that when the King is Sworn to his Subjects as he is at his Coronation he taketh Oath in his Natural Person for the Politick Body is immortal and invisible nay the Politick Body hath no Soul for as is aforesaid it is framed by the Policy of Man and therefore the King cannot be said to Swear in his Politick Capacity In likewise when at the Assizes by the Judge of the Goal delivery at the Sessions of the Peace by the Justices or the Commissioners of the Peace when at or in the Leet by the Steward there the Subject is or shall be Sworn to the King to bear Faith and true Allegiance to his Majesty his Heirs and Successors then the Subject is Sworn to bear Faith and true Allegiance to the Natural Body of the King And accordingly in all Indictments of Treason when any intend or compass mortem destructionem Domini Regis which must needs be intended and understood to be of his Natural Body for his Politick Body is Immortal and not subject to Death the Indictment always concludeth with contra Ligeantiae suae debitum contrary to the Duty of their Allegiance and therefore Ligeance is due to the Natural Body of the King And Sir Edward Coke says this Ligeance or Faith of the Subject is proprium quarto modo to the King a degree beyond the Grammarians Superlative omni soli semper to every King to the King alone and always to the King And it will be material and not contrary to Sir Edward Cokes meaning to add these words de jure to every of his omni soli semper And so Ligeance will be due as it is to every King that is so de jure of Right to him alone that is so and always to him that is King de jure of Right Thereby every King de facto and Usurper will be excluded and the greater safety will be secured to the King and to the Subject too for the Disherison of the Right Heir of a Kingdom is always wont to be the beginning of Civil Wars But however Sir Edward Coke omitted those words de jure yet his meaning was without question the same as if those words had been added because C. 7. 10. b. he saith that the King holdeth the Realm of England by Birthright upon which Succession is ever attendant and in the same place he saith that the King in individuo moritur but not in genere which is as much as to so say that the Natural Body of the King is subject to Death but the body Politick of the King dyeth not And therefore