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A80120 A collection of the rights and priviledges of Parliament. Together, with the true and just prerogatives of the kings of England. Collected out of ancient writers, both divine and morrall. Informing the willing man, convincing the flatterer, and vindicating those that pray for the tranquillitie of this our Syon. / Written by a Gentleman that wishes all happinesse and peace, to this distracted kingdome. Gentleman that wishes all happinesse and peace to this distracted kingdome. 1642 (1642) Wing C5207; Thomason E239_12; ESTC R3898 15,173 15

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transgresseth it himselfe David did never assume so much to himselfe as to desire to have liberty to doe what him listed in his Kingdome but willingly submitted himselfe to that which his Office and duty required making then even when he was installed and established King over the whole land a Covenant of peace with the Princes and Deputies of the people and we know that in every Covenant and Bargaine both parties are bound to each other by a mutuall bond to performe the conditions which they are agreed upon the like is used at the Coronation of Christian Kings whereas the people are bound to do their Allegiance to their Kings so the Kings are also solemnly sworne to maintaine and defend true Religion the Estate of Iustice the Peace and Tranquilitie of their Subjects and the Rights and Priviledges of the Realme Whereas David was by the Prophet Nathan reprooved for his Adultrie and murther he neither used any excuse nor alledged any priviledge whereby he was exempted from the rigour of the Law to justifie his fact But freely confessed without any cloake that he had sinned Theatre of Gods judgements Fol. 13. Where we also may see in divers examples the Vengeance of God upon such Princes as have not walked in the way of justice and equitie towards their people The Holy and Iust Commandements of God are Thou shalt not kill Thou shalt not steale thou shalt not Covet nor desire c. And Christ came not to destroy but to fulfill the Law as appeares by that Give unto Caesar the things that are Caesars then all things are not at Caesars will that which the people have is not his there is a due and a right to them and but a due and a right to him The Prince shall not take of the peoples inheritance nor thrust them out of their possession but he shall cause his sonnes to inherit of his owne possession that my people be not scattered every man from his possession Ezek. 46.18 If the Law then be glorious how much more the Gospel As Saint Paul speakes And yet that the Prince may Command or Demand our Purses Persons and Cattle at pleasure and that the People must neither shun nor shrinck from either is good Bishops doctrine now a dayes Now God spake these words and said Thou c and is there any exceptions of Persons with God What man is exempted or priviledged from giving obedience thereunto Surely none that I know If any be let the man be pointed out And as the Commandements of Almightie God are Negative Commands Thou shalt not So also do they on the contrarie include an affirmative Precept Thou shalt preserve from Killing and Destruction against all wilfull and unlawfull Acts of man what ever he be thy Estate and Life For the Body is more worth then Rayment And all may know that our Lawes do hold that Man guiltlesse who thus standing in his owne defence may happily be a meanes of taking away his life who gave the offence And thus surely is the Law of Nature too Yet such hath lately bin the Develish policie of those who would be accompted the holy fathers of our Church that our Godly Ministers must not expound the Catichisme and so not the Ten Commandements of God Blind ignorance must still be the Mother of our Devorions But if the blind lead the blind both shall fall into the Ditch Read them indeed they might as under their Graces elbowes and then what might some judge in respect of their and their favourers practice to be the exposition of them but thus Thou shalt have none other Gods but me c. But I may Thou shalt not Kill Steale Slander Backbite and Covet but I may and such and such a man may Such is their Protestant Doctrine and profession Rome was not built in one day nor could be repaired on a sudaine they brought Bricks and Morter a pace but God confounded their language and will still confound their enterptises to their confusion Maugre all their subtile insinuations and malicious Councels and undertakings For every plant that he hath not planted shalibe rooted up And who hath resisted the Lord and Prospered Baalam the false Prophet for but teaching the people to offend God was withstood by an Angell reprooved by his Asse and slaine by the sword as appeares by his story These Peeces were gleaned for private use and to give an account to friends of my thoughts and resolutions concerning this busines so much at this time questioned by which we may see that they are not new things as some would make us beleeve but that they are the old received truths of our best Divines and Historians That they come into publicke is because I have met with some Collections dedicated to all dutifull subjects by D. O. Who spareth not to Stigmatize and brand with Puritane Iesui●isme-puritan breakers downe of the wall of Sion batterers of the Courts of Princes seditious and the like Calvin Iewell Fox and others of Reverend and Grave esteeme as appeares by their workes and writings which have beene generally well approved of and allowed by the authority of this our Kingdome a part of which the foregoing Collections are as may be seene whose goverment I shall ever preferre before such Headie Rash Childish and Scandalously beguiling lines as those of D. O. are For by his quotations in that part to the dutifull Subjects he would make the world beleeve that Iewell Rabington and Fox with others speake with him which if true in these three Let the Readers judge the others I have not nor thinke it worth my time to examine seeing his sencere dealing which he there professeth is so grosse and shamefull in these And that in his 27.28 29. Pag. Where he first confesseth that Calvin doth very Learnedly and Christianly intreate of the Authority of Princes and the dutie of Subjects yet when Calvin and others there quoted by himselfe speake contrarie unto him then its a Puritane dangerous errour harsh and delivered in obscure and doubtfull termes a seditious gangreene derived from Rome Lacedemon and Athens whereby the Kings of Christendome are dayly crucified as Christ their Lord was betweene two Theeves the Papist and the Puritan and a deadly poyson prepared for Princes whom they in their owne irreligious and Traiterous hearts shall condemne for Tyranny I shall here give you an account of some whom himselfe hath done us the favour to take notice of Truth will be discovered though by the enemies of it In his 21. Pag. Thomas Aquinas saith he makes three sorts of Kings Kings by Election Kings by Subordination and Kings by Succession For the first he saith that they which did establish may abolish You may read the rest there In the same Page he produceth Gratianus thus whosoever besides the Prince and without his Authoritie that hath Lawfull power as the Apostle teacheth beareth not the Sword in vaine to whom every Soule must be subject but whosoever I say
they might take up armes for their own defence against that cruell arrest and the executioners of it holding at the first that it was their part and dutie to be only as sufferers under their enemies crueltie but when the busines came into consultation amongst them and their divines having undergone many of their cruelties at the length they resolved it was and might be Lawfull for them by the word of God to defend themselves wives and children and their estates from this cruell arrest prosecuted against them by the authority of their Prince and governour and so by the helpe and blessing of Almighty God did defend and free themselves in a marvailous manner of those their enemies and yet continued their supplications to the Duke for the stay of such his proceedings as in the story may be seene at large Fox Voll 2. The Princes of Germany being wrongfully and contrarie to the Law of Armes invaded by the Emperous were forced being free Princes by the Law of Nature to draw the sword in their own defence Iew Deff Fol. 442. In inWard band and obedience to God their is no King nor Prince indeed nor may be any In civill government a King is a King and so hath God commanded him to be known but after that we come once to there verence and obedience of Gods will there God is only the King and the King be he never so mighty is but a subject Ib Fol. 446. Iulius Caesar a Heathen Prince saith of himselfe touching all other affaires that ought to be taken in hand for your sakes I am both your Consull and your Dictator but as touching any wrong to be done to any man I am as a private man without Office Ibid. Fol. 447. Sir Walter Raleigh sayes the King is to beleeve the generall Counsel of the Kingdome and to prefer it before his own affection or other sinister Councell for singular Authority begets but generall oppression and if Princes may be unhappy in any thing to tainely they are unhappy in nothing more then in suffering themselves to be thus indosed and where any man shall give a King perillous advice as may either cause a rebellion or draw the peoples love from the King that King ought to banish such a man Those Parliaments wherein the Kings of this Land have satisfied the people as they have beene ever prosperous so where the King hath restrained the house the contrarie hath happened For the Kings atchivements in his Parliament were the ready preparations to his ruine And when such things fall out the Kings judgement is not examined but their Knaverie that abused the King shall it be called a dishonour for the King to yeeld to the honest desires of his subjects Those that tell the King these tales feares their owne dishonour and not the Kings for the honour of the King is Supreame and being guarded by Iustice and Piety it cannot receive neither wound nor staine Great Officers being generally hated for abusing both the King and the subject at the request of the States were discharged and others put in their Roomes When the King leaves himselfe to his people they assure themselves that they are trusted and beloved of their King and there was yet never any assembly so Barbarous as not to answer the love and trust of their King Is it a losse to the King to be beloved of the Commons Certainly its farre more happy for a Soveraigne Prince that a subject open his Purse willingly then that the same be opened with violence Thus he in his Dialogue Betweene Counc and Inst But by the way it is to be noted that tyrants are to be resisted two manner of wayes one is when subjects doe improove wicked decrees as those three young men of whom Daniell speaketh refused to adore the Image erected by the Tyrant c. The other way to resist Tyrants is when subjects fly unto their weapons whereby they remoove away wicked Commandements Here a question is mooved whether it be Lawfull for the maintenance of Religion to resist Tyrants and by sword to hinder wicked and ungodly decrees In this place I distinguish between them that arounder one cheife head whether King or Emperour or any other Monarch For some are subject simply some are Magistrates next to the cheife Magistrate and these are called popular Magistrates such were in times past at Lacedemonia the Ephors at Athens the Demarches c. These for so much as they are placed of God first to be the keepers of the first and second Tables That is to see that true Religion be professed and honest discipline in use then to moderate and if neede required to bridle the Raging desires of Kings and Monarchs when they set downe any thing against the Lawes and Religion these I say both may yea and are bound first by Councell so much as may be to set themselves against Tyrants and by their wisedome stop their foolish enterprises But if by their wise Councell they prevaile nothing with the Tyrants then are they bound yea with weapons to defend godly subjects remoove away idolatry and restore true Religion which things if they do not they discharge their duties but fraudulently And although the Church doth not encrease by warres yet outward violence which is offered to Religion by Tyrants may by the Magistrate placed beweene the cheife heads and private men be repelled by force which thing both nature teacheth and the Office of the popular Magistrates requireth and the examples of holy men doe confirme wherefore let the Magistrates and Moderatours of the cheife heads have this saying of the Lord before their eyes Give unto Caesar c. Nich. Hem in his exposition of the 84. Ps Fol 431. 432. In all that prescription and ordinance ordeyned and set downe by God concerning the Office of Kings there is no mention made of any liberty that he giveth them to live after their own lusts and to doe every thing that seemeth them good in their owne eyes but he enjoyneth them expresly to have alwayes with them the booke of this Law c. As for Civill and Naturall Lawes in so much as they are founded upon equity and right they are agreeable to and as it were dependants on the Law of God If then Princes be subject to the Law of God they are likewise subject to those Civil Lawes by reason of their Equitie and Iustice And if as Plato saith the Lawes ought to be above the Prince not the Prince above the Lawes it is most manifest that the Prince is tyed unto the Lawes otherwise the Government which he swayeth cannot be Lawfull or Commendable And if the Magistrate is or ought to be a speaking Law and ought to maintaine the Authoritie and Credit thereof by dew and upright Administration of Iustice for if he did not this he were a dumb Law and without life how is it possible that he should make it of authoritie and force with others if he despised and