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A29573 An apologie of John, Earl of Bristol consisting of two tracts : in the first, he setteth down those motives and tyes of religion, oaths, laws, loyalty, and gratitude, which obliged him to adhere unto the King in the late unhappy wars in England : in the second, he vindicateth his honour and innocency from having in any kind deserved that injurious and merciless censure, of being excepted from pardon or mercy, either in life or fortunes. Bristol, John Digby, Earl of, 1580-1654. 1657 (1657) Wing B4789; ESTC R9292 74,883 107

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made a Declaration in the manner as hereafter followeth That is to say when a man doth compasse or imagine the death of our Lord the King or if our Lady his Queen or their eldest Son and Heir or if a man do violate the Kings Companion or the Kings eldest Daughter unmarried or the Wife of the Kings eldest Son and Heir or if a man do levy War against our Lord the King in his Realm or be adherent to the Kings Enemies in his Realm giving to them aid and Comfort in the Realm or elswhere and thereof be proveably attainted of open deed by people of their Condition And if a man Counterfeit the Kings great or privy Seal or his money and if a man bring false mony into this Realm counterfeit to the money of England as the money called Lushburg or other like to the said money of England knowing the money to be false to merchandise or make paiment in deceit of our said Lord the King and of his people c. Certain Articles taken out of a Protestation of the Kings Supremacy made by the non-conforming Ministers which were suspended or deprived 3 Iac. Anno Dom. 1605. Cited page 51. Art 4. We hold that though the Kings of this Realm were not Members of the Church but very Infidels yea and Persecutors of the truth that yet those Churches that shall be gathered together within these Dominions ought to acknowledge and yield the said Supremacy unto them And that the same is not tyed to their Faith and Christianity but to their very Crown from which no Subject or Subjects have power to separate or disjoin it Ar. 6. We hold that no Church or Church-Officers have power for any Crime whatsoever to deprive the King of the least of his Royal Prerogatives whatsoever much lesse to deprive him of his Supremacy wherein the height of his Royal Dignity consists Ar. 9. We hold that though the King should command any thing contrary to the word unto the Churches that yet they ought not to resist him therein but only peaceably to forbear Obedience and sue unto him for Grace and Mercy and where that cannot be obtained meekly to submit themselves to the punishment Animadversions upon some particulars set down in the 57 58 pages of this Discourse there referred to this Appendix for not interrupting the Series thereof here expressed more fully If Ordinances without the Kings assent 1. That Ordinances of the two Houses without the King have not the power of Acts of Parliament should have the force of Acts of Parliament our Lives Estates and Laws might be Arbitrarily disposed of by the two Houses for that Acts of Parliament have undeniably Power over them all If Ordinances have power of Acts of Parliament the King hath no negative Voice which hath been acknowledged in all times and that no Act of Parliament bindeth the subject with out the Kings assent neither is it otherwise a Statute 1●H 7.24 H. 8. cap. 12.25 H. 8. cap. 21. This hath likewise been acknowledged several times at the heginning of this Parliament before the Doctrine of Coordination was hatched as will appear by their books of Ordinances and Declarations 1 par fol. 727. 1 Iac. cap. 1. 1 Car. 1 Cap 7. If the King hath not his negative Voice he were the only Slave in his Kingdom for that he alone should be tyed to Laws to which he had not assented whereas all other men either by themselves or their Representatives give their Consents to the Laws they live under which is the true mark betwixt Slavery and free Subjection Slaves living under the will of the Prince free Subjects under Laws to which themselves or their Ancestors have assented And the King only shall be bound and sworn to those Laws which are imposed upon him without his Consent which were irrational as well as illegal Ordinances were never pretended but only pro tempore 4 part Inst. fol. 23.48.292 2 part Inst. fol. 47 48. Rot. Pa● 1 num 4 Ed. 3. 2. ●●at the orde●●●g of the Militia appertainet● to the K. The Militia belongeth to the King as unseparable from the Crown without which he cannot protect nor punish withstand Enemies or suppress Rebels The Lords and Commons cannot assent in Parliament to any thing that tends to the disherison of the Crown 4 Par. Inst. fol. 14.42 Ed. 3. The Law doth give it him Stat 7 Ed. 1. with many other Statutes besides practice of all times and custome of the Realm Cook 4 part Inst. 51.125 The Forts and Navy Royal are his and to seize any of them is Treason 25 Ed. 3. 1 Ma. c. So declared by all the Iudges of England in Brookes Case 3. That the great Seal appertaineth only to the King The great Seal being the Power by which the Kings Royal Commands are legally distributed and conveyed cannot be severed from the Crown without the overthrow and destruction of Soveraignty 2 part Inst. 552. And to counterfeit the great Seal is high Treason 25 Ed. 3. 1 H. 4. cap. 2. 1. Marsess 2. cap. 6. For the Church Government The Houses have sworn the King to be the only Supreme Governor in all Causes and over all Persons as well Ecclesiastical as Civil 4. The Church Government The two Houses of Parliament may humbly offer to the King such Alterations and Reformations in Government as they shall think fit But to overthrow and change the Government without the Consent of the sole Supreme Governor nay contrary to his expresse Command and publique Declarations is against natural Reason and Common Law as well as against the said Oath The two Houses are as they say the Kings great Counsel which is true of the House of Peers The House of Commons Writ is only ad faciendum consentiendum But admitting them to be the Kings great Counsel it is a great absurdity and Non-sense that Counsellors should compel consent The Government of the Church is established by Law and by many Acts of Parliament To advise the repealing of the said Acts the Houses may do But without the Kings assent by force to endeavour the Change of the Government either in Church or Estate is high Treason so acknowledged by Mr. St. Iohns at the Arraignment of the Earl of Strafford and so declared by several Laws And was one of the Charges of Treason against the Lord of Canterbury Ir is contrary to all Divine and humane Laws that any Man should be condemned unheard or untryed 5. The prescribing of their fellow Subjects without tryal And the Law of the Land in Magna Charta ordereth That no man lose Life or Estate but per judicium parium aut legem terrae And the Stat. 2. Phil. Ma. that all Tryals for Treason be by Course of the Law Petition of Right 3 Car. It is an Inherent flower of the Crown 6. To grant Pardons belongeth only to the K. And by the Common Law Mercy belongeth to him
it hath been the constant Doctrine of all Protestant Divines since the Reformation down until our times And I have heard divers men very eminent for their learning aver it That upon their Reputation they will make it appear That these few years of Distractions in England have poduced more seditious Pamphlets tolerating and incouraging Disobedience than all the Christian world ever saw before The Protestants had wont to charge the Doctrine of Resistance upon the Roman Catholiques They likewise indeavour to father it upon the Protestants It seems both are unwilling to own it I mean in their general received Tenents though it be true that some of both professions have written in the defence of it though disclaimed and burned by publique Authority as wicked and seditious on both sides Andreas Rivetus Professor at Leyden writing against a Jesuit that cast this Aspersion upon the Protestants that they agree with them in the Doctrine of warring against or deposing Kings saith That no Protestant doth maintain that damnable Doctrine and that rashness of Knox and Buchanan is to be ascribed praefervido Scotorum ingenio ad audendum prompto To the over-hot spirit of the Scots ever apt to be over-hold The Protestants of France not only in their Articles above cited but in their books protest their Innocency and that they abhor this Doctrine of Resisting forcibly Pierre du Moulin hath these words Nous tenons que ce n'est point à vn Sujet de trouner en la Religion de son Prince occasion de desobeissance feisant de la Pieté vne allumette de Rebellion Nous sommes prests a' exposer nos vies pour la defence de nos Rois contre qui que ce soit fust il de nostre Religion Quiconque feroit autrement ne defendroit point la Religion mais serviroit son ambition attireroit vn grand blame sur la verité de l' Evangile We hold that a Subject ought not from the Religion of his Prince to take occasion of disobedience making of Piety a match whereby to kindle Rebellion We are ready to expose our lives for the defence of our Kings against whomsoever it be although of our own Religion And whosoever should do otherwise should not defend Religion but serve his own ambition and would draw a great reproach upon the truth of the Gospel The Roman Catholiques especially the Doctors of the Sorbons have written Volumes against it and never fail to censure all books that maintain that Doctrine to the fire And the University of Paris in their published Censure of the 4. of June 1610. declare that Seditiosum impium haereticum est quocunque quaesito colore à quocunque Subdito Vasallo aut Extraneo sacris Regum aut Principum personis vim habere That it is a seditious impious and heretical thing for any Subject Vassal or Foreiner upon what pretence or colour soever to offer violence to the sacred persons of Kings or Princes So that both Protestants and Roman Catholiques declaring against it that is in the general received and approved Tenents and Opinions of their several Churches of how little Authority ought the private Opinion of some few hot-headed Men to be who seeking to get themselves a name by being the Authors of some new and bolder Opinions shall upon their own fancies or some witty or subtle Inferences and Deductions contradict the unanimous and universally received Opinions of all Christian Churches and the Practice and Examples of so many Holy Martyrs from the very times of the Apostles even unto our days Mr. Fox in his Book of Acts and Monuments specifieth many even to their death exhorting to Obedience to their Prince I shall only set down one instance of many Those famous Sufferers in Queen Martes dayes although the Reformed Religion being newly planted was likely by Persecution to be extirpate and that some more hot and zealous seemed to have an Inclination to preserve themselves and their Religion by way of Force for at that time their power was great Twelve of the most eminent amongst them for Learning and Piety agreed to the setting forth a Declaration of their Faith and Doctrine in which they set down their Hatred to any such Inclination and exhort with great earnestness of Spirit and beseech in the bowels of Jesus Christ all such as fear God to behave themselves as obedient Subjects to the Queen and to the Superiour Powers ordained of God under her and rather after their Example to give their heads to the Block than in any sort to Rebell or to Mutter against the Queen the Lords anointed And towards the end of this their Declaration they renew their Exhortation humbly praying all men to be in no point consenting to any kind of Rebellion or Sedition against the Queen But where they cannot obey but they must disobey God their to submit themselves with all patience and humility to suffer as the Will and Pleasure of the Higher Powers should adjudge as they themselves were ready to do rather than to consent to any Doctrine contrary to that Confession which they had made in the said Declaration And most of all these men sealed this their Doctrine with their blood being burnt in several places of the Kingdom some in Smithfield some at Gloucester some at Coventry as is set down particularly in the said Story page 1470. So that both the Protestants and Roman Catholiques in their published and avowed Doctrine disclaiming and censuring this Doctrine of Hostile Resistance as Impious and Heretical as is abovesaid of what Authority can the private Opinions of a few men condemned by their own Churches be for the setling and satisfying for any sober and uningaged mans Conscience against the Doctrine and practice of the whole Christian World and in all times It is true that a strong fancie against any thing makes us hardly to be perswaded to it But we easily believe that which we earnestly wish And it is as true that all times have brought forth some great and able wits that have ever affected to be the Authors of new Opinions and the Arch-Heretiques have ever been noted to have been Men of parts though of stronger fancy than solid Judgement Many of these new Men if not all of them have by learned answers of particular men been confuted as well as by publique Censures been condemned as Impious and hereticall as Iunius Brutus by Baricane Dr. in Divinity and Canon of the Cathedrall Church of Tholouse Anno 1614. This Iunius Brutus is an assumed and counterfeited name the author of it as it should seem being unwilling to avow the Doctrine and was published first in Latin and afterwards set out in French Anno 1611. by Lewis Mayerne Turquet It laid the ground of such Maxims and Tenents as the Authors that have written against them do not content themselves with shewing their Opinions to be false and erroneous but they in veigh against them as detestable and