be a tumult And no marvel Because they received incouragement as we believed from their defence and no reproof that we found was made for this indignity offered unto the King But if I be constrained and in danger it is not enough for me that I am voted free and safe For if that which looks as like a tumult as that did or as the representation of my face in the truest Glasse is like my face doth come against me and incompasse me about though I may be perhaps in more safety yet I shall think my self in great fear and in no more security than His Majesty was at Edge-hill 3. Because as the viewer of the Observat hath very well exprest it No Act 3. Reason p. 7. of Parliament can prevail to deprive the King of His Right and Authority as an Attainder by Parliament could not bar the Title to the Crown from descending on King Hen. 7. Nor was an Act of Parliament disabling King Hen. 6. to re-assume the Government of his people of any force but without any repeal in it self frustrate and void 7. Rep. 14. Calvins case an Act of Parliament cannot take away the protection or the Subjects service which is due by the Law of Nature 11. rep Sur de la Wares case William de la Ware although disabled by Act of Parliament was neverthelesse called by Queen Elizabeth to sit as a Peer in Parliament for that it seems the Queen could not be barred of the service and counsel of any of Her Subjects 2. H. 7. 6. a Statute that the King by no non obstante shall dispence with it is void because it would take a necessary part of Government out of the Kings hand And therefore I see not how this Act can deprive the King of the service and counsel of all his Bishops and Clergy but that it is void of it self and needeth no repeal or if otherwise yet seeing that besides all this 13. of the Bishops were shut in prison when this Act passed and their protestation was made long before this time and it was so unduly framed so illegally prosecuted and with such compulsive threats and terrours procured to be passed I hope the wisdom of the next Parliament together with their love and respect to the Church and Church-men will nullifie the same CHAP. VI. Sheweth the Plots of the Faction to gain unto themselves the friendship and assistance of the Scots And to what end they framed their new Protestation How they provoked the Irish to rebell and what other things they gained thereby ANd thus the Sectaries of this Kingdom and the Faction in this Parliament have by their craft and subtilty prevailed to have all the chiefest impediments of their Design to be removed So now the hedge is broken down and all the Boars of the Forrest may now come into the vineyard to destroy the vine and to undermine the City of God But into their counsels let not my soul come 2. When they had taken away these stops and hinderances of their projects they were to recollect and make up the furtherances that might help 2. The furtherances of their Design were five to advance their Cause for the founding of their new Church and the establishing of their famous Democratical Government and popular Common-wealth And these I find to be principally five 1. The gaining of their Brethren of Scotland to become their fast and faithful friends 2. The framing of a Protestation to frighten the Papists and to insnare the simple to be led as they listed to prosecute their Design 3. The condemning of our late Canons as abominable in their judgement and inconsistent with their Religion 4. The appointing of a new Synod the like whereof was never heard in the Church since Adam to compose such Articles as they liked and to frame such Discipline as should be most agreeable to their own dispositions 5. The setling of a Militia a word that the vulgar knew not what it was for to secure the Kingdom as they pretended from those dangers that they feared that is from those Jacks of Lent and men of Clouts which themselves set up as deadly enemies unto the Church and State but indeed insensibly to get all the strength of the Realm into their own hands and their Confederates that so they might like the Ephori bridle the King and bring him as they pleased to abolish and establish what Laws and Government they should propose whereby perhaps he might continue King in Name but they in Deed. These were the things they aimed at and they effected the first three before they could be discryed and their Plots discovered but in the other two they were prevented when God said unto them as he doth unto the Sea Hitherto shalt thou go and no further here shalt thou stay thy proud waves And therefore I am confident and I wish all good Christians were so that their purposes shall never succeed nor themselves prosper therein while the World lasteth because God hath so mercifully revealed so much so graciously assisted our King and so miraculously not only delivered him from them but also strengthened him against them contrary to all appearing likely-hood to this very day which is a sufficient argument to secure our faith that we shall by the help of our God escape all the rest of their destructive Designs But to display their Banners to discover their Projects and to let the World see what they are and how closely and yet cunningly they went about to effect their work I will in a plain manner set down what I know and what I have collected from other Writings and from men that are fide digni for one mans eyes cannot see all things nor infallibly perceive the Mysteries of all particulars for to confirm the faithful Subjects in their due obedience both to God and their King and to undeceive the poor seduced people that they perish not in the contradiction of Corah 1. It is believed not without cause with far greater probabilities than a 1 The indeering of themselves unto the Scots Our Sectâ—â—ies the inviters of the Scots to England bare suspicion that our own Anabaptistical Sectaries and this Faction were the first inviters of those angry spirits that conceived some cause to be discontented and were glad of secret entertainers to enter into the bosom of this Kingdom Whatsoever those our Brethren of Scotland did I will bury it according to their Act in oblivion neither approving nor yet blameing them for any thing But for any Subject of England to enterchange Messages and to keep private intelligence with any that seem to be in Arms against their King and the invaders of his Dominions to animate them to come and advance forward to refuse their Soveraigns Service and the Oath of their fidelity which was tendered unto them and to hinder the Kings Souldiers to do their duties either by denying to go with him or refusing to fight for him when
Edward the first Si disputatio oriatur justiciarii non possunt cam interpretari sed in dubiis obscuris Domini regis erit expectanda interpretatio voluntas câ—m ejus sit interpretari Citatur à Domino Elism in post-nati p. 108. cujus est condere If any Dispute doth arise the Judges cannot interpret the same but in all obscure and doubtful questions the interpretation and the will of the King is to be expected when as he that makes the Law is to be the expounder and interpreter of the Law Yet they have challenged and assumed to themselves such a power that their bare Vote without any Act of Parliament may expound or alter a known Law which if it were so they might make the Law as Pighius saith of the Scripture like a nose of wax that may be fashioned and bended as they pleased but we do constantly maintain That the House of Commons hath no power to adjudge of any point or matter but to inform the Lords what they conceive and the House of Peers hath the power of Judicature which they are bound to do according to the Rules of the known established Laws and to that end they have the Judges to inform them of those cases and to explain those Laws wherein themselves are not so well experienced though now they sit in the House for cyphers even as some Clergy did many times in the Convocation and if any former Statute be so intricate and obscure that the Judges cannot well agree upon the right interpretation thereof then as in explaining Poynings Act and the like either in England or Ireland the makers of the Act that is the King and the major part of both Houses must explain the same 3 In composeing and setting forth new laws 3. Whereas we never knew that the House had any power to make Orders and Ordinances to bind any besides their own Members to observe them as Laws yet they compell us to obey their Orders in a stricter manner than usually we are injoyned by Law and this course to make such binding Ordinances as they do to carry the force though not the name of an Act of Parliament or a Law is a mighty abuse of our Laws and Liberties for Sir Edward Cook tells us plainly That as the constitution of our Government now standeth neither the House of Commons and King can make any binding Law when the Peers dissent nor â— Cook in the Preface of the Stat. of Westminster the second Lamberts Archeion 271. the Lords and King when the Commonalty dissenteth nor yet both Houses without the Kings consent but all three King Peers and Commons must agree before any coactive Law can be composed Nay more it is sufficiently proved that Dare â—us populâ— or the legislative power being one principall end of Regall Authority was in Kings by the Law of Nature while they governed the people by naturall equity long before municipall Laws or Parliaments had any beeing For as the Poet saith Remo cum fratre Quirinus Jura dabat populo Hoc Priami gestamen erat cum jura vocatis More daret populis Because this was the custom of the Kings of Scythia Assyria Aegypt c. long before Moses and Pharonaeus when Municipall Laws first began to give Laws unto their people according to the Rules of Naturall equity which by the Law of Nature they were all bound to observe And though some Kings did graciously yield and by their voluntary oathes for themselves and their successors bind themselves may times to stricter limits than were absolutely requisite as William Rufus King Stephen Henry the fourth Richard the third and the like granted many Priviledges perhaps to gain the favour of their Subjects against those which likely had a better Title to the Crown than themselves or it may be to satisfie their people as the guerdon or compensation for the sufferance of some fore-passed grievances as Henry the first Edward the second Richard the second and the like yet these limitations being agreeable to equity and consistent with Royalty and not forcibly extracted ought in all truth and reason to be observed by them And hence it is that the Kings of this Realm according to the oathes and promises which they made at their Coronation can never give nor repeal any Law but with the assent of the Peers and People But though they have thus yielded to make no Laws nor to repeal any Laws without them yet this voluntary concession of so much grace unto the people doth no waies translate the legislative power from the King unto his assistants but that it is formaliter and subjectivè still in the King and not in them else would the government of this Kingdom be an Aristocracy or Democracy and not a Monarchy because the Supreme power of making and repealing Laws and Governing or judging decisively according to those Laws are two of those three things that give being to each one of these three sorts of Government Therefore the King of England being an absolute Monarch in his own Cassan in catal gloria mundi 2 2 Ed. 3. 3 pl. 25. Vid. The view of a Printed book intituled Observations c. Where this point is proved at large p. 18 19 21 22. Kingdom as â—assaneus saith and no man can deny it the Legislâ—tive power must needs reside solely in the King ut in subjecto proprio and the consent of the Lords and Commons is no sharing of that power but only a condition yielded to be observed by King in the use of that power and so both the Oath of Supremacy and the form of all our ancient Statutes wherein the King speaks as the Law-maker do most evidently prove the same unto us Le Roy voit Neither durst any Subjects in former times either assume such a power unto themselves or deny the same unto their King for you may find how the House of Commons denying to pass the Bill for the Pardon of the Clergy which Henry the 8th granted them when they were all charged to be in a Premunire unless themselves also might be included within the pardon received this answer from the King that He was their Soveraign Lord and would not be compelled to shew his mercy nor indeed could they compel him to any thing else but seeing they went about to restrain him of his Liberty he would grant a pardon unto his Clergy by his great Seal without them though afterwards of his own accord he signed their pardon also which broughâ— great commendation to his judgment Sir Rich. Bakâ—r in viâ—a Hen. 8. to deny it at first when it was demanded as a right and to grant it afterward when it was received as of grace And yet the denyal of their assent unto the King is more equitable to them and less derogatory to him then to make orders without him And this manner of compulsion to shew grace unto themselves is more tolerable than to force him to disgrace
his natural capacity that is 2. Reason as he is Charles the Son and Heir apparent of King James when as homage cannot be done to any King in his politique capacity the body of the King being Coke l. 7. Calvin's case invisible in that sence 3. Because in that case it is expresly affirmed that the King holds the Kingdom 3. Reason of England by birth-right inherent by descent from the bloud-royal therefore to shew how inseperable this right is from the next in bloud Hen. the 4. though he was of the bloud-royal being first cozen unto the King and had the Crown resigned unto him by Rich. the 2. and confirmed unto him by Act of Speed l. 9. c. 16. 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 of Watson 4. Reason 1. Jacobi and Clerke that immediately by descent his Majesty was compleatly and absolutely King without the Ceremony of Coronation which was but a Royal 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 year of his Reign and yet divers were attainted of High Treason before that time which could not have been done had The right heir to the kingdom is King before he is crowned Why the peoples consent is asked 2. Respect he not been King And we know that upon the death of any of our Kings his Successor is immediately proclaimed King to shew that he hath his Kingdom by descent and not by the people at his Coronation whose consent is then 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 2 As the Kings of Israel had full power and authority to make war and conclude peace to call the greatest Assemblies as Moses Joshua David Jehosaphat and the rest of the Kings did to place and displace the greatest Officers of State as Solomon placed Abiathar in Sadoâ—'s room and Jehosaphat appointed 2 Chron. 19. 11 The absolute authority of the kings of England Coke 7 rep fol. 25. 6. Polyd. Virgil. lib 11. Speed Stow c. Amariah and Zebadiah rulers of the greatest Affaires and had all the Militia of the Kingdom in their hands so the Kings of England have the like for 1. He onely can lawfully proclaim war 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 Henry the first so they cannot meet but by the king's Writ 3. All Laws Customs and Franchises are granted and confirmed unto the people by the King Rot. Claus 1. R. 2. n. 44. 4. All the Officers of the Realm whether Spiritual or Temporal are chosen Smith de repub Angl. l. 2. c. 4. c. 5. and established by him as the highest immediately by himself and the inferiour by an authority derived from him 5. He hath the sole power of ordering and disposing all the Castles Forts The absurdities of them that deny the Militia to the King and strong Holds and all the Ports Havens and all other parts of the Militia of this kingdom or otherwise it would follow that the king had power to proclaime war but not to be able to maintain 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 Soveraigns 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 Realm of England supremam potestatem merum imperium Smith de Repub l. 2. Cambden Britan p. 132. apud nos habentes nec in Imperii clientela sunt nec investituram ab alio accipientes nec prâ—ter Deum superiorem agnoscentes and their Subjects are bound by Oath to maintain the kings Soveraignty in all causes and over all persons as well Ecclesiastical as Civil and that not onely as they are singularly considered but over all collectively represented in the body politick for by sundry divers old authentick Histories and Chronicles it is manifestly declared and expressed that this Realm of England is an Empire and so hath been accepted in the world governed by one supream head and king having the dignity and royal In the Preface to a Stat. 24. Hen. 8. cap. 12 estate of the Imperial Crown of the same unto whom a body politick compact of all sorts and degrees of people divided in terms and by names of spiritualty and temporalty have been bounden and owen to bear next to God a natural and humble obedience 3. As the duty of every one of the kings of Israel was to be custos utriusque tabulae to keep the Law of God and to have a special care of his Religion and 3 Respect then to do justice and judgment according to the Law of nature and to observe all the judicial Laws of that kingdom so are the kings of England obliged to discharge the same duties 1. To have the chiefest care to defend the faith of Christ and to preserve the The duty of the kings of England honour of Gods Church as I shewed before 2. To maintain common right according to the rules and dictates of Nature And. 3. To see the particular Laws and Statutes of his own kingdom 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 Laws neither do 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 unto none but 4 Respect Psal 51. 4. onely unto God and therefore king David after he had committed both murder and adultery saith unto God 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 the Prophets perswaded them to call any of their The kings of England accountable for their actions only to God I Reason Smith de repub l. 1. c. 9. 2 Reason most idolatrous tyrannical or wicked kings to any account for their idolatry tyranny or wickedness even so the kings
Sentence and Seal 3. As the Fathers and Councils do thus acknowledge the Emperours 3. The testimony of Popes and Papists right in the Spiritual jurisdiction So many of the Popes and Papists themselves have confest the same truth and yielded the same right unto the Empâ—rour and other Soveraign Magistrate in the Church and Church-matters and over all the parsons belonging unto the Church for Platina that 〈◊〉 Plâ—tina in sâ—verino papa Library-keeper unto the Pope saith that Without the Letters 〈◊〉 the Emperour to confirm him the Pope is no lawfull Pope and 〈◊〉 great Scholar saith The Pope may be accused before the Emperour of and Zabarella de Schismaie Conciliis for any notorious crime and publick scandalous offence Imperator potest à papa requirere rationem fidei and the Emperour may inquire and call the Pope to yield an account of his faith and Religion And so many of the better Popes were not ashamed to confess the same for Saint Gregory who for his great learning and piety was sirnamed the Great writing unto Mauritius the Emperour saith Imperatori obedientiam Theodoret l. 2. c. 16. praebui pro Deo quod sensi minimè tacui I have yielded all obedience unto the Emperour and what I conceived to be truth and for God I concealed it not and before Saint Gregâ—ries time Pope Liberius being convented 2 q. 4. Mandastis to appear before Constantius denied not most readily to obey his summons So did Pope Sixtus upon the like complaint appear to purge himself before Valentinian and Pope Leo the third before Charles the Great And 2. q. 7. Nos si it is registred that Pope Leo the 4th wrote unto the Emperour Lodouick saying Si incompetenter aliquid egimus justae legis tramitem non conservavimus Epist Eleâ—th inter leges Edovard admissorum nostrorum cuncta vestro judicio volumus emendare If we have done any thing unseemly and amiss and have not observed and walked in the right path of the just law we are most ready and willing to amend all our admissions or whatsoever we have done amiss according to your judgment and Pope Eleutherius saith to Edward the â— of England Theodoretus l. 2. c. 1. Vos est is Vicarius Dei in Regno vestro that he and so every other King is Gods Vicar in his Kingdom This was the mind and sense of these Popes and many other Popes in former ages were of the same mind until pride avarice and ambition corrupted them to be as now they are And as God hath given this power and required this duty of Kings and How the Emperour and Kings executed the power that God had given them Princes to have a care of his Church and to reform Religion and the Fathers and Councels have confirmed this truth and divers of the very Popes themselves and Papists have yielded and submitted themselves unto their spiritual jurisdiction even in the Ecclesiastical causes so the Emperours and Kings omitted not to execute the same from time to time especially those that had the master power and ability to discharge their duties for Theodoret writes that Constantine was wont to say Si episcopus Idem l. 1. c. 7. turbas det mea manu coercebitur If any Bishop shall be turbulent and troublesome he shall be refrained and censured by my hands and both Theodoret and Eusebius tels us how he came in his own person unto the Councell of Sozom. l. 4. c. 16. Nice Et omnibus exsurgentibus ipse ingressus est medius tanquam aliquis Dei coelestis Angelus the whole company of the Bishops and all the rest arising he came into the midst amongst them as it were an Heavenly Angel of God And Sozomen writeth how that ten Bishops of the East and ten others of the West were required by Constantine to be chosen out by the Convocation Conciliorum Tom 2. In vita Sylvani vigâ—â—i and to be sent to his Court to declare unto him the decrees and canons of the Councell that he might examine them and consider whether they were consonant to the Holy Scriptures And the Emperour Constantius deposed Pope Liberius of his Bishoprick and then again he deprived Pope Foelix and restored Liberius unto the Popedom and in the third Councell at Costantinople he did not only sit among the Bishops but also subscribed Concil Bonâ— 3. c. 2. with the Bishops to such bills as passed in that Councell saying Vidimus Subscripsimus we have seen these canons and have subscribed our approbation of them And King Odoacer touching the Affairs of the Church saith Miramur quicquam tentatum fuisse sine nobis We do admire that you should attempt to do any thing without us for while our Bishop lived that is the Pope sine Nobis nihil tentari oportuit Nothing ought to be done without us much less ought it to be done now when he is dead And the Emperour Justinian doth very often in Ecclesiastical causes use Authent Collat. â—â—it 6. to say Definimus jâ—bemus We determine and command and we will and require that none of the Bishops be absent from his Church above the Quomodo oportet Episcop space of a year and he saith further Nullum genus rerum est quod non sit penitus quaerendum Authoritate Imperatoris there is no kind of matter that may Authent Collat. Tit. 133. not or is not to be inquired into by the Authority of the Emperour because he hath received from the hands of God the common government and principality over all men And the same Emperour as Balsamon saith Balsamon de Peccat Tit. 9. Idem in Calced Concil c. 12. Idem de fide Tit. 1. gave power to the Bishop to absolve a Priest from pennance and to restore him to his Church And the same Author saith that the Emperours disposed of Patriarchal seats and that this power was given them from above and he saith further that the Emperour Michael that ruled in the East made a law against the order of the Church that no Monk should serve in the Ministry in any Church whatsoever And we read further how that divers of the Emperours have put down Evodius inter decreta Bonifacii 1. Vâ—sbergen anno 1045. and deposed divers Popes as Otho deposed John 13. Honorius deposed Boniface Theodoricus deposed Symma hus and Henry removed three Popes that had been all unlawfully chosen and in the Councel of Chalcedon the Supreme Civil Magistrate adjudged Dioscorus Juvenalis and Thalassus three Bishops of Heresie and therefore to be degraded and to be thrust out of the Church And so you see how the Emperours Kings and Civil Magistrates behaved themselves in the Church of God and used their power and the Authority that God had given them as well in the Spiritual and Ecclesiastical Affairs of the Church and points of Faith as in the Civil
goodness of the work nor the justness of the cause but yeilded to the kings will and ceased from their work until they obtained a new Licence in the second year of king Darius and if it be objected that they built the Temple in despite of those that hindered them with their sword in one hand and a trowel in the other it is rightly answered that having the kings leave to build it they might justly resist their enemies that did therein not onely shew their malice unto them but also resisted the will of the King 2. When Ahasâ—uerus to satisfie the unjust desire of his proud favorite had 2. Under Ahashuerus Hester 3. 10. wickedly decreed and most tyrannically destined all the Nation of the Jewes to a sudden death yet this dutiful people did not undutifully rebel and plead the King was seduced by evil counsel and misguided by proud Haman therefore nature teaching them vim vi pellere to stand upon their own defence they would not submit their necks to his unjust Decree but being versed in God's Lawes and unacquainted with these new devices they return to God and betake themselves to their prayers until God had put it into the Kings heart to Hester 8. 11. 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 dutiful 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 Puritan will say that The author of the Treatise of Monarchy p. 32. I build Castles in the air and lay down 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 Jews and prescribed special Laws both for the Kings to govern and the people to obey them but all other Nations have their own different and several Laws and Constitutions according to which Laws their Kings are tyed to rule and the Subjects bound to obey and no otherwise I answer that indeed it is granted there are several Constitutions of Royalties Henric. Stephan in libello de hac re contendit in omnes respub debere leges Hebraeorum tanquam ab ipso Deo profectas per consequens omnium optimas reduci in several Nations and there may be Regna Laconica conditional and provisional Kingdoms wherein perhaps upon a real breach of some exprest conditions some Magistrates like the Ephori may pronounce a forfeiture as well in the successive as in the elective Kingdoms because as one saith succession is not a new title to more right but a legal continuance of what was first gotten which I can no ways yield unto if you mean it of any Soveraign King because the name of a King doth not always denotate the Soveraign power as the Kings of Lacedaemon though so called yet had no regal 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 regal government ordained by God but either an Aristocratical or Democratical government instituted by the people though approved by God for the welfare of the Common-wealth but as the Israelites desired a 1 Sam. 8. 4 20. 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 regal 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 wel of other Nations as of Israel do reign and of their full power and inviolable authority over the people which have no more dispensation to resist their Kings then the Jews had to resist theirs And therefore Valentinian though an elected Emperour yet when he was requested by his Electours to admit of an associate answered it was in your power Sozom. histor l 6. c. 6. Niceph hist l. 11. c. 1. 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 solemn vow past in the presence of God that he shall love cherish and maintain The wiâ—e may not forsake her husband though he break his vow and neglect his duty her yet if he breaks this vow 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 breaks them they have no more power to abdicate their King then the wife hath to renounce her husband nor so much because she may complain and call her husband before a competent Judge and produce witnesses against him whereas there can be no Judge 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 Judges to condemn him or were it so that all other Kings have not the like constitution which the Scripture setteth down for the Kings of Israel yet I say that excepting some circumstantial Ceremonies in all real points the Laws of our Land are so far as men could make them in all things agreeable to the Scriptures in the constituting of our Kings according to the livelyest pattern of the Kings of Israel as it is well observed by the Authour of the Appeal to thy conscience An Appeal to thy conscience pag. 30. Our Kings of the like Institution to the kings of Israel 1. Respect Kings of England are kings by birth Proved 1. Reason in these four special respects For 1. In his Right to the Crown 2. In his Power and Authority 3. In his Charge and Duty 4. In the rendring of his Account 1. As the Kings of Israel were hereditary by succession and not elective unless there were an extraordinary and divine designation as in David Salomon Jehu so do the Kings of England obtain their Kingdoms by birth or hereditary succession as it appeareth 2. By the Oath of Allegiance used in every Leete that you shall be true and faithful to our Soveraign Lord King Charles and to his Heires 2. Because we owe our legeance to the King in