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A96592 Jura majestatis, the rights of kings both in church and state: 1. Granted by God. 2. Violated by the rebels. 3. Vindicated by the truth. And, the wickednesses of this faction of this pretended Parliament at VVestminster. 1. Manifested by their actions. 1. Perjury. 2. Rebellion. 3. Oppression. 4. Murder. 5. Robberies. 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 profamed) service. And 2. The reparation of the many injuries done to Christ his now dis-esteemed servants. By Gryffith Williams, Lord Bishop of Ossory. Williams, Gryffith, 1589?-1672.; Burgess, Anthony, d. 1664. 1644 (1644) Wing W2669; Thomason E14_18b 215,936 255

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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 sharpl● 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 Chr●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
Blacvod Apolog pro regibus pag. 13. and in France saith he the same men were enemies unto the King that were adversaries unto the Priests quia politicam dominationem nunquam ferent qui principatum ecclesia sustulerunt nec mirum si regibus obloquantur The haters of the Bishops ever enemies unto Kings qui sacerdotes flamma ferro persequuntur because as I have shewed at large in my Grand Rebellion they will never endure the Politicall Magistrate to have any rule when they have shaken off the Ecclesiasticall government neither is it any wonder that they should flander rage against and reject their King when they persecut● their Bishops with fire and sword And I thinke the sad aspect of this distracted Kingdome at this time makes this point so cleare that I need not adde any more proofe to beget faith in any sober man for doth not all the world see that assoone as the seditious and trayterous faction in this unhappy Parliament had cast most of the Bishops How soone the Faction fell upon the King after th y had cast off their Bishops the gravest and the greatest of all with Joseph into the dungeon a thing that no story can shew the like president in any age and had voted them all contrary to all right out of their indubitable right to sit in the House of Peeres ●n act indeed so full of incivility 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Matth. 8.34 as hath no small affinity with that of the Gergesites who for love of their swine drave not out but desired Christ to depart out of their coasts they presently began to plucke the sword out of the Kings hand and endeavoured to make their Soveraigne in many things more servile then any of his owne Subjects so that he should be gloriosissimè servilis as Saint Augustine saith that Homer was suavissimè ●anus and to effect this you see how they have torne in pieces all his Rights they have trampled his Prerogatives under foot they have as much as they could laid his honour in the dust and they have with violent warre and virulent malice sought to vanquish and subdue their owne most gracious Soveraigne which cannot chuse but make any Christian heart to bleed to see such unchristian and such horrid unheard of things attempted to be done by any that would take upon him the name of a Christian Therefore to manifest my duty to God and my fidelity to my King I have undertaken this hard and to the Rebels unpleasant labour to set downe the Rights of Kings wherein I shall not be affraid of the Rebels power neither would I have any man to feare them for however Victores victique cadunt The Rebels for the punishment of our sins may prosper for a time but at last they shall be most surely destroyed Prov. 8.15 Psal 68.30 Joshua 9.16 Psal 91.16 there may be a vicissitude of good successe many times on both sides to prolong the warre for our sinnes and they may prosper in some places yet that is but nubecula quaedam a transient cloud or a summer storme that will soone passe away for we may assure our selves they shall not prevaile because God hath said it By me Kings doe raigne and He will give strength unto his King and exalt the horne of his Annointed He will scatter the people that delight in warre and make the hearts of the cursed Canaanites to melt and their joynts to tremble but He will satisfie the King with long life and sh●w him his salvation 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 TO proceed then you see the person that by Saint Peters precept is to be honoured to be the King and what King was that but as you may see in the beginning of this epistle the King of Pontus Galatia Cuppadocia Asia and Bythinia and what manner of Kings were they I pray you I presume you will confesse they were no Christians but it may be as bad as Nero who was then their Emperour and most cruelly tyrannizing over the Saints of God gave a very bad example to all other his substitute Kings and Princes to doe the like What Kings are to be honoured and yet these holy Christians are commanded to honour them And therefore 1. Heathen Pagan wicked and tyrannicall Kings are to be truly honoured by Gods precept 2. Religious just and Christian Kings are to have a double honour because there is a double charge imposed upon them as 1. To execute justice and judgement among their people The double charge of all Christian Kings 1. To preserve peace to preserve equity and peace both from intestine broyles and ferraig●● foes which carefull government bringeth plenty and prosperity in all externall affaires unto the whole Kingdome and this they doe as Kings which is the common duty of all the Kings of the earth 2. To maintaine true Religion 2. To protect the Church to promote the faith of Christ and to be the guardians and foster-fathers unto the Church and Church-men which tye their people unto God to make them spiritually and everlastingly happy and this duty is laid upon them as they are Christian Kings and therefore in regard of this accession of charge they ought to have an ●●●ession of honour more then all other Kings whatsoever 1. Then I say that the Heathen Pagan wicked and tyrannicall Kings such as were Nero Dioclesian and Julian among the Christians or Ahab and Manasses among the Jewes or Antiochus Dionysius and the rest of the Sicilian Tyran●● among the Gentiles are to be honoured served and obeyed of all their Subjects and that in three speciall respects 1. Of their institution 1. All Kings to be honoured in three respects which is the immediate ordinance of God 2. Of Gods precept which enjoyneth us to honour them 3. Of all good mens practice whether they be 1. Jewes 2. Gentiles 3. Christians 1. The institution of Kings is immediately from God Iustin lib. 1. 1. Justin tells us that Principio rerum gentium nationūmque imperium penes reges erat from the beginning of things that is the beginning of the world the rule and government of the people of all nations was in the hands of Kings Qu●s ad honoris fastigium non ambitio popularis sed spectata inter bonos moderatio provehebat Herodot lib. 1. Clio. And Herodotus setteth downe how Deioces the first King of the Medes had his beginning And Homer also nameth the Kings that were in and before the warres of Troy But the choice of Deioces and some others about that time and after Cicero in Officus whereof Cicero speaketh may give some colour unto our rebellious
proud favorite had wickedly decreed and most tyrannically destined all the Nation of the Jewes to a sudden death yet this dutifull people did not undutifully rebell and plead the King was seduced by evill counsell and misguided by proud Haman therefore nature teaching them vim vi pellere to stand upon their owne defence they would not submit their necks to his unjust Decree but being versed in Gods Lawes and unacquainted with these new devices they returne to God and betake themselves to their prayers Hester 8.11 untill God had put it into the Kings heart to grant them leave to defend themselves and to sheath their swords in the bowels of their adversaries which is a most memorable example of most dutifull unresisting Subjects an example of such piety as would make our Land happy if our zealous generation were but acquainted with the like Religion But here I know what our Anabaptist Brownist and Puritane will say that I build Castles in the aire The author of the Treatise of Monarchie p. 33. and lay downe my frame without foundation because all Kings are not such as the Kings of Israel and Judah were as the Kings that God gave unto the Jewes and prescribed speciall Lawes both for the Kings to governe and the people to obey them but all other Nations have their owne different and severall Lawes and Constitutions according to which Lawes their Kings are tyed to rule and the Subjects bound to obey and no otherwise I answer Henric. Stephan in libello de hac re contendit in omne● respull debere leges Hebraerum tanquam ab ipso Deo profectas per consequens omnium optemas ●educi that indeed it is granted there are severall constitutions of Royalties in severall Nations and there may be Regna Laconica conditionall and provisionall Kingdomes wherein perhaps upon a reall breach of some exprest conditions some Magistrates like the Ephori may pronounce a forfeiture aswell in the successive as in the elective Kingdomes because as one saith succession is not a new title to more right but a legall continuance of what was first gotten which I can no wayes yeild unto if you meane it of any Soveraigne King because the name of a King doth not alwayes denotate the Soveraigne power as the Kings of Lacedamon though so called yet had no regall authority and the Dictator for the time being and the Emperours afterwards had an absolute power though not the name of Kings for I say that such a government is not properly a regall government ordained by God but either an Aristocraticall or Democraticall governement instituted by the people though approved by God for the welfare of the Common-wealth 1. Sam. 8.4.20 but as the Israelites desired a King to judge them like all the Nations that is such a King as Aristotle describeth such as the Nations had intrusted with an absolute and full regall power as Sigonius sheweth so the Kings of the Nations if they be not like the Spartan Kings were and are like the Kings of Israel both in respect of their ordination from God by whom all Kings as well of other Nations as of Israel doe raigne and of their full power and inviolable authority over the people which have no more dispensation to resist their Kings then the Iewes had to resist theirs And therefore Valentinian though an elected Emperour yet when he was requested by his Electors to admit of an associate answered S●zom h●stor l. 6. c. 6. Niceph. hist l. 11. c. 1. it was in your power to chuse me to be an Emperour but now after you have chosen me what you require is in my power not in you Vobis tanquam subditis competit parere mihi verò quae facienda sunt cogitare it becomes you to obey as Subjects and I am to consider what is fittest to be done And when the wife takes an husband there is a compact agreement and a solemne vow past in the presence of God that he shall love cherish and maintaine her yet if he breakes this vow The wife may not forsake her husband though hee break h●s vow and neglect his duty and neglects both to love and to cherish her she cannot renounce him she must not forsake him she may not follow after another and there is a greater marriage betwixt the King and his people therefore though as a wife they might have power to chuse him and in their choice to tye him to some conditions yet though he breakes them they have no more power to abdicate their King then the wife hath to renounce her husband nor so much because she may complaine and call her husband before a competent Judge and produce witnesses against him whereas there can be no Iudge betwixt the King and his people but onely God and no witnesses can be found on earth because it is against all lawes and against all reason that they which rise against their King should be both the witnesses against him and the Iudges to condemne him or were it so that all other Kings have not the like constitution which the Scripture setteth downe for the Kings of Israel yet I say that excepting some circumstantiall Ceremonies in all reall points the Lawes of our Land are so farre as men could make them in all things agreeable to the Scriptures in the constituting of our Kings An Appeale to thy conscience pag. 30. according to the livelyest patterne of the Kings of Israel as it is well observed by the Author of the Appeale to thy conscience in these 4 speciall respects 1. In his Right to the Crowne 2. In his Power and Authority Our kings of the like Institution to the kings of Israe● 3. In his Charge and Duty 4. In the rendering of his Account For 1. As the Kings of Israel were hereditary by succession and Respect 1 not elective unlesse there were an extraordinary and divine designation as in David Salomon Iohn Kings of England are kings by birth Proved so doe the Kings of England obtaine their Kingdomes by birth or hereditary succession as it appeareth 1. By the Oath of Allegeance used in every Leete that you Reason 1 shall be true and faithfull to our Soveraigne Lord King Charles and to his Heires 2. Because we owe our legeance to the King in his naturall Reason 2 capacity that is as he is Charles the Sonne and Heire apparent of King Iames Coke l. 7. Calvins case when as homage cannot be done to any King in his politique capacity the body of the King being invisible in that sense 3. Because in that case it is expresly affirmed that the King Reason 3 holds the Kingdome of England by birth-right inherent by descent from the bloud-royall therefore to shew how inseperable this right is from the next in bloud Hen. 4. though he was of the bloud-royall being first cozen unto the King and had the Crowne resigned unto him by Rich. 2d Speed l. 9.
c. 16. and confirmed unto him by Act of Parliament yet upon his death-bed confessed he had no right thereunto as Speed writeth 4. Because it was determined by all the Judges at the Arraignment Reason 4 of Watson and Clerke 1. Jacobs that immediately by descent his Majestie was compleatly and absolutely King without the Ceremony of Coronation which was but a royall ornament and outward solemnization of the descent And it is illustrated by Hen. 6. Speed l. 9. c. 16. that was not crowned till the ninth yeare of his reigne and yet divers were attainted of High Treason before that time which could not have beene done had he not beene King And we know that upon the death of any of our Kings The right heire to the Kingdome is King before he is crowned his Successor i● immediately proclaimed King to shew that he hath his Kingdome by descent and not by the people at his Coronation whose consent is then asked Why the peoples consent is asked not because they have any power to deny their consent or refuse him for their King but that the King having their assent may with greater security and confidence rely upon their loyalty Respect 2 2. As the Kings of Israel had full power and authority to make warre and conclude peace to call the greatest Assemblies as Moses Joshua David Iehosaphat and the rest of the Kings did to place and displace the greatest Officers of State as Solomon placed Abiathar in Sadoc's roome 2. Chron 19.11 and Iehosaphat appointed Amariah and Zebadiah rulers of the greatest affaires and had all the Militia of the Kingdome in their hands The absolute authority of the Kings of England Coke 7. rep fol 25. 6. P●lyd Virgil. lib. 11. Speed St●w c. so the Kings of England have the like for 1. He onely can lawfully proclaime warre as I shewed before and he onely can conclude peace 2. There is no Assembly that can lawfully meet but by his Authority and as the Parliament was first devised and instituted by the King as all our Historians write in the life of Hen. 1. so they cannot meet but by the Kings Writ 3. All Lawes Customes and Franchises are granted and confirmed unto the people by the King Rot. Claus 1. R. 2. n. 44. Smith de repub Angl. l. 2. c. 4. c. 5. 4. All the Officers of the Realme whether Spirituall or Temporall are chosen and established by him as the highest immediately by himselfe and the inferiour by an authority derived from him The absurdities of them that deny the Militia to the King 5. He hath the sole power of ordering and disposing all the Castles Forts and strong Holds and all the Ports Havens and all other parts of the Militia of this Kingdome or otherwise it would follow that the King had power to proclaime warre but not to be able to maintaine it and that he is bound to defend his Subjects but is denied the meanes to protect them which is such an absurdity as cannot be answered by all the House of Commons 6. The Kings of Israel were unto their people their honour their Soveraignes their life and the very breath of their nostrils as themselves acknowledge and so the Kings of England are the life the head and the authority of all things that be done in the Realme of England Smith de Repub. l. 2. Cambden Britan p. 132. supremam potestatem merum imperium apud nos habentes nec in Imperii clientelâ sunt nec investituram ab alio accipientes nec praeter Deum superiorem agnoscentes and their Subjects are bound by oath to maintaine the Kings Soveraignty in all causes and over all persons as well Ecclesiasticall as Civill and that not onely as they are singularly considered but over all collectively represented in the body politique for by sundry divers old authentique Histories and Chronicles it is manifestly declared and expressed that this Realme of England is an Empire and so hath beene accepted in the world In the P●eface to a Sta● 24. Hen. 8. c. 12. governed by one supreame Head and King having the dignity and royall estate of the Imperiall Crowne of the same unto whom a body politique compact of all sorts and degrees of people divided in termes and by names of spiritualty and temporalty have beene bounden and owen to beare next to God a naturall and humble obedience 3. As the duty of every one of the Kings of Israel was to be Respect 3 Custos utriusque tabulae to keepe the Law of God and to have a speciall care of his Religion and then to doe justice and judgement according to the Law of nature and to observe all the judiciall Lawes of that Kingdome so are the Kings of England obliged to discharge the same duties 1. To have the chiefest care to defend the faith of Christ The duty of the Kings of England and to preserve the honour of Gods Church as I shewed before 2. To maintaine common right according to the rules and dictates of nature And 3. To see the particular Lawes and Statutes of his owne Kingdome well observed amongst his people To all which the King is bound not onely virtute officii in respect of his office but also vinculo juramenti in respect of his oath which enjoyneth him to guide his actions not according to the desires of an unbridled will but according to the tyes of these established Lawes neither doe our Divines give any further liberty to any King but if he failes in these he doth offend in his duty 4. As the Kings of Israel were accountable for their actions Respect 4 unto none but onely unto God and therefore King David after he had committed both murder and adultery saith unto God Psal 51.4 Tibi soli peccavi as if he had said none can call me to any account for what I have done but thou alone and we never read that either the people did call or that the Prophets perswaded them to call any of their most idolatrous tyrannicall or wicked Kings to any account for their idolatrie The kings of England accountable for their actions onely to God tyrannie or wickednesse even so the Kings of England are accountable to none but to God 1. Because they have their Crowne immediately from God Reason 1 who first gave it to the Conquerour through his sword and since to the succeding Kings Smith de repub l. 1. c. 9. by the ordinary meanes of hereditary succession Reason 2 2. Because the oath which he takes at his Coronation binds him onely before God who alone can both judge him and punish him if he forgets it Reason 3 3. Because there is neither condition promise or limitation either in that Oath or in any other Covenant or compact that the King makes with the people either at his Coronation or at any other time that he should be accomptable or that they should question
Martyn Travers Throgmorton Philips Nicholls and the rest of those introducers of Out-landish and Genevian Discipline first broached these uncouth and unsufferable tenets in our Land in the Realme of England and Scotland and truely if their opinions had not dispersed themselves like poyson throughout all the veines of this Kingdome and infected many of our Nobility and as many of the greatest Cities of this Kingdome as it appeareth by this late unparall●'d rebellion these and the rest of the trayterous authors of those unsavory bookes which they published and those damnable tenets which they most ignorantly held and maliciously taught unto the people should have slept in silence their hallowed and sanctified Treason should have remained untouched and their memoriall should have perished with them But seeing as Saint Chrysostome saith of the Heretiques of his time that although in age they were younger yet in malice they were equall to the ancient Heretiques and as the brood of Serpents though they are of lesse stature Our rebellious Sectaries farre worse then all the former Disciplinarians yet in their poyson no lesse dangerous then their dammes so no more have our new Sectaries our upstart Anabaptists any lesse wickednesse then their first begetters nay we finde it true that as the Poët saith Aetas parentum pejor avis Tulit nos nequiores These young cubbes prove worse then the old foxes for if you compare the whelpes with the wolves our latter Schismatickes with their former Masters I doubt not but you shall finde lesse learning and more villany lesse honesty and more subtilty hypocrisie and treachery in Doctor Burges Master Marshall ●●se Goodwin Burrowes Calamy Perne Hill Cheynell and the rest of our giddy-headed Incendiaries then can be found in all the seditious Pamphlets of the former Disciplinarians or of them that were hanged as Penry for their treasons for these men doe not onely as Sidonius saith of the like apertè invidere 〈…〉 ●p●s● abjectè fingere serviliter superbiro openly envy the state of the Bishops basely forge lyes against them and servilely swell with the pride of their owne conceited sanctity and app●●●ut ignorance but they have also most impudently even 〈◊〉 their Pulpits slandered the footsteps of Gods Annointed and to brought the abhomination of their transgression to stand in the holy place they have with Achan troubled Israel and tormented the whole Land yea these three Kingdomes England Scotland and Ireland and for inciting provoking and incouraging simple ignorant poore discontented and seditious Sectaries For which their intolerable villanies if I be not deceived in my judgement they of all others and above all the Rebels in the Kingdome deserve the greatest and severest punishment God of Heaven give them the grace to repent to be Rebels and Traytors against their owne most gracious King they have not onely with Jerusalem justified Samaria Sodome and Gomorrah but they have justified all the Samaritanes all the Sodomites all the Schismaticks Hereticks Rebels and Traytors Papists and Atheists and all that went before them Iudas himselfe in many circumstances not excepted and that which makes their doings the more evill and the more exceedingly wicked is that they make religion to be the warrant for their evill doings the packe-horse to carry and the cloake to cover all their treacheries and thereby they drew the greater multitudes of poore Zelots to be their followers And therefore seeing it is not onely the honour but also the duty as of all other Kings so likewise of our King to be as the Princes of our Land are justly stiled the Defenders of the Faith and that not onely in regard of enemies abroad but also in respect of those farre worse enemies which desire alteration at home it behoves the King to looke to these home-bred enemies of the Church and seeing the King though never so willing for his piety and religion What Gods faithfull servants and the Kings loyall Subjects must doe in these times 1. To justifie the Kings right never so able for his knowledge and understanding yet without strength and power to effect what he desires cannot defend the faith and maintaine the true religion from the violence of Sectaries and Traytors within his Kingdome it behoves us all to doe these two things 1. To justifie the Kings 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 his authority and right to be the supreame governour and defender of the Church and of Gods true religion and service both in respect of Doctrine and Discipline and that none else Pope or Parliament hath any power at all herein but what they have derivatively from him which I hope we have sufficiently proved 2. 2 To assist Him against the Rebels To submit our selves unto our King and to adde our strength force and power to inable his power to discharge this duty against all the Innovators of our religion and the enemies of our peace for the honour of God and the happinesse of this Church and Common-wealth for that power which is called the Kings power and is granted and given to him of God is not onely that heroicke vertue of fortitude which God planteth in the hearts of most noble Princes as he hath most graciously done it in abundant measure in our most gracious King but it is the collected and united power and strength of all his Subjects which the Lord hath commanded us to joyne and submit it for the assistance of the Kings power against all those that shall oppose it and if we refuse or neglect the same then questionlesse whatsoever mischiefe idolatry barbarity or superstition shall take root in the Church and whatsoever oppression and wickednesse shall impaire the Common-wealth Heaven will free His Majestie and the wrath of God in no small measure must undoubtedly light upon us and our posterity even as Debora saith of them that refused to assist Barac against his enemies Curse ye Meroz Judg. 5.23 curse bitterly the Inhabitants thereof because they came not forth to helpe the Lord against the mighty 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 Clergie and not of their Lay Counsellors how our late Canons came to be annulled that it is the Kings right to admit his Bishops and Prelates to be of his Councell and to delegate secular authority or civill jurisdiction unto them proved by the examples of the Heathens Jewes and Christians OUt of all this that hath been spoken it is more then manifest that the King ought to have the supreme power over Gods Church and the government thereof and the greatest care to preserve true religion throughout all his Dominions this is his duty and this is his honour that God hath committed not a people but his people and the members of his Son under his charge For the performance of which charge it is
though he should faile of his duty which God requireth and doe that wrong unto the people which God forbiddeth yet he is solutus legibus free from all Lawes quoad coactionem in respect of any coaction from the people but not quoad obligationem in respect of obedience to God by his obligation for though Kings had this plenitudinem potestatis to rule and governe their people as the father of the familie rules his houshold or the Pilot directs his Ship secundum liberum arbitrium according to his owne arbitrary will yet that will was to rule and to guide all his actions according to the strict Law of common equity and justice as I have often shewed unto you But though this arbitrary rule continued long and very generall for Diodorus Siculus saith Diodor. Siculus l. 2. c. 3. that excepting the Kings of Egypt that were indeed very strictly tied to live according to law all other Kings infinita licentia ac voluntate sua pro lege regnabant ruled as they listed themselves Boemus Aubanus tamen asserit voluntatem regum Aegypti pro lege esse Yet at last corruption so prevailed that either the Kings abusing their power or the people refusing to yeild their obedience caused this arbitrary rule to be abridged and limited within the bounds of lawes whereby the Kings promised and obliged themselves to governe their people according to the rules of those established lawes for though the supreme Majestie be free from lawes sponté tamen iis accommodare potest the King may of his owne accord yeild to observe the same and as the German Poet saith Nihil ut verum fatear magis esse decorum German vates de rebus Frid. l. 8. Aut regale puto quam legis iure solutum Sponte tamen legi sese supponere regem and according to the diversities of those lawes so are the diversities of government among the severall Kingdomes of the earth for I speake not of any Popular or Aristocraticall state How diversities of governement came up therefore as some Kings are more restrained by their lawes then some others so are their powers the lesse absolute and yet all of them being absolute Kings and free Monarchs are excepted from any account of their actions to any inferiour jurisdiction because then they had not beene Monarches but of Kings had made themselves Subjects Thus you see that rule which formerly was arbitrary is now become limited but limited by their owne lawes and with their owne wills and none otherwise for I shewed you elsewhere that the Legistative power resided allways in the King even as Virgil saith Virgil. Aeneid l. Gaudet regno Troianus Acestes Indicitque forum patribus dare jura vocatis And as that mirror of all learned Kings saith King Fergus came to Scotland before any Statutes or Parliament or Lawes were made Rex Iacobus in the true law of free Monarchs pag. 201. and you may easily finde it that Kings were the makers of the Lawes and not the Lawes the makers of Kings for the Lawes are but craved by the Subjects and made only by him at their rogation and with their advice so he gives the Law to them but takes none from them and by their owne Lawes Kings have limited and abridged their owne Right and power which God and nature have conferred upon them some more some lesse according as their grants were unto their people §. The extent of the grants of Kings what they may and what they may not grant what our Kings have not granted in seven speciall prerogatives and what they have granted unto their people ANd here I would have you to consider these two points Two things considerable about the priviledged grants of Kings 1. The extent of the grants of kings concerning these grants of Kings unto their Subjects 1. Of the extent of these grants 2. Of the Kings obligation to observe them for 1. It is certaine that the people allwayes desirous of liberty though that liberty should produce their ruine are notwithstanding like the daughters of the Horse-leeche still crying unto their Kings give give give us liberties and priviledges more and more and if they may have their wills Prov. 30.15 they are never satisfied Till Kings by giving give themselves away And even that power which should deny betray For the concessions and giving away of their right to governe That it is to the prejudice of government to grant too many priviledges to the people is the weakning of their government and the more priviledges they give the lesse power they have to rule and then the more unruly will their Subjects be and therefore the people being herein like the horses the Poets faigne to be in Phaebus chariot proud and stomackefull Kings should remember the grave advice the father gave unto Phaeton Parce puer stimulis sed fortius utere loris Ovid. Met. l. 1. Sponte su● properant labor est inhibere volantes They must be strongly bridled and restrained or they will soone destroy both horse and rider both themselves and their Governours Yet many Kings Constrained gifts not worthy of thanks either forcibly compelled by their unruly Subjects when they might thinke and therefore not yeild that Who gives constrain'd but his owne feare reviles Not thank't but scorn'd nor are they gifts but spoiles Or else as some intruding usurping Kings have done to retaine their unjustly gained crownes without opposition or as others out of their Princely clemency and facility to gaine the more love and affection What moved Kings to grant so many priviledges to their Subjects and as they conceived the greater obligation from their Subjects have many times to the prejudice of themselves and their posterity to the diminution of the rights of government and often to the great damage of the Common-wealth given away and released the execution of many parts of that right which originally most justly belonged unto them and tied themselves by promises and oathes to observe those lawes which they made for the exemption of their Subjects Majora jura inseperabilia à Majestate neque●nt indulgeri subditis ita cohaerent ossibus ab illo seperari si ne illius destructione non possunt Paris de puteo Arnisaus l. 2. c. 2. de jure ma. Blacvod c. 7. pag. 75. Things that the King cannot grant But there be some things which the King cannot grant as to transferre the right of succession to any other then the right heire to whom it doth justly belong quia non jam haereditas est sed proprium adeuntis patrimonium cujus ei pleno jure dominium acquiritur non a Patre non à populo sed à lege Because he hath this right unto the Crowne not from his father nor from the people but from the Law of the Land and from God himselfe which appointed him for the same saith the Civilian and therefore that vulgar saying