of it in this place If these Counsellours Magistrates Parliament call them what you will have any power and authority it must be either subordinate coordinate or supreme 1 Subordinate officers can have no power over their superiors 1. If subordinate I told you before they can have no power over their superiour because all inferiour Magistrates are Magistrates onely in respect of those that are under their jurisdiction because to them they represent the King and supply the office of the King but in reference to the King they are but private persons and Subjects that can challenge no jurisdiction over him 2. that neither Peers not Parliament can have the supremacy None above the king at any time 2. If they be supreme then Saint Peter is much mistaken to say the King is supreme and they do ill to disclaime this supremacy when in all their Petitions not disjunctively but as they are an united body they say Your Majesties humble Subjects the Lords and Commons in Parliament and besides they are perjur'd that deny it after they have taken the Oath of supremacy where every one saith I A. B. do utterly testifie and declare in my conscience that the Kings Highness is the onely supreme Governour of this Realme c. But this is further and so fully proved out of Bracton the nature of all the Subjects tenures and the constitution of this government by the Authour of The unlawfulness of Subjects taking up armes against their Soveraigne that more needs not be spoken to any rational man Yet because this point is of such great concernment and the chiefest argument they have out of Bracton is that he saith Rex habet superiorem The Sectaries chiefest argument out of Bracton fully answered legem curiam suam comites Barones quia comites dicuntur quasi socii Regis qui habet socium habet magistrum ideò si Rex fuerit sine frano id est sine lege debent ei fraenum ponere nisi ipsimet fuerint cum rege sine fraeno and all this makes just nothing in the World for them if they had the honesty or the learning to understand it right for what is above the King the Law and the Court of Earles and Barons but how are they above him as the Preacher is above the King when he preacheth unto him or the Physician when he gives him Physick or the Pilot when he sayleth by Sea that is quoad rationem consulendi How the Law and the Court of Barons is above the King non cogendi they have superioritatem directivam non coactivam for so the teacher is above him that is taught and the Counsellor above him that is counselled that is by way-of advice but not by way of command and to shew you that this is Bractons true meaning I pray you consider his words Comites dicuntur quasi socii they are as his fellows or Peeres not simply but quasi and if they were simply so yet they are but socii not superiours and what can socii do not command for par in parem non habet potestatem that is praecipiendi otherwise you must confesse habet potestatem consulendi therefore Bracton addes qui habet socium habet magistrum that is a teacher not a commander and to make this yet moâ—e plain he addes Si Rex fuerit sine fraeno id est lege if the King be without a bridle that is saith he lest you should mistake what he meanes by the bridle and thinke he meanes force and armes the Law they ought to put this bridle unto him that is to presse him with this Law and still to shew him his duty even as we do both to King and people saying this is the Law this should bridle you but here is not a word of commanding much lesse of forcing the King not a word of superiority nor yet simply of equality and therefore I must say hoc argumentum nihil ad rhombum these do abuse every author 3 That neither Peers nor Parliament are co-ordinate with the King If their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I speak not of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 their natural strength and power but of their right and authority be coordinate and equal with the Kings authority then whether given by God which they cannot prove or by the people there must be duo summa imperia two supreme powers which the Philosophers say cannot be nam quod summum est unum est Ommesque Philosoph jurisconsulti ponunt summum in eo rerum genere quod dividi non possit Lactant. l. 1. c. 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Marc. 3.14 from whence they prove the unity of the God-head that there can be but one God and if this supreme power be divided betwixt King and Parliament you know what the Poet saith Omnisque potestas Impatiens consortis erit Or you may remember what our Saviour saith If a Kingdome be divided against it selfe it cannot stand and therefore when Tiberius out of his wonted subtilty desired the Senate to appoint a colleague and partner with him for the better administration of the Empire Asinius Gallus that was desirous enough of their Pristine liberty yet understanding well with what minde the subtle fox spake onely to descry his ill willers after some jests answered seriously 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that government must not be divided because you can never have any happiness where the power is equally divided in two parts when according to the well known axiome to every one Par in parem non habet potestatem But to make the matter cleare The Case of our Affaires p. 19.20 The Lawes of our Land acknowledge all Soveraignty in the King and to shew that the Soveraignty is inseperably inherent in the person of His Majesty we have the whole current of our very Acts of Parliament acknowledging it in these very termes Our Soveraigne Lord the King and the Parliament 25. Hen. 8. saith This your Graces Realme recognizing no superiour under God but your Grace c. And the Parliament 16. Rich. 2.5 affirmeth the Crown of England to have been so free at all times that it hath been in no earthly subjection but immediately to God in all things touching the regality of the said Crown and to none other and in the 25. of Hen. 5. the Parliament declareth that it belongeth to the Kings regality to grant or deny what Petitions in Parliament he pleaseth and so indeed whatsoever authority is in the constant practice of the Kingdom or in the known and published Laws and Statutes it concludeth the Soveraignty to be fixed in the King and all the Subjects virtually united in the representative body of the Parliament to be obliged in obedience allegeance to the individual person of the King and I doubt not but our learned Lawyers can finde much more proofe then I do out of their Law to this purpose And therefore seeing divers supreme
directors in all Church causes as it appeareth out of all the fore-cited Authors and all the Histories that do write thereof and Justinian published this Law that when any Ecclesiastical cause or matter was moved his Lay officers should not intermeddle with it but should suffer the Bishops to end the same according to the Canons the words are Si Ecclesiasticum negotium sit nullam communionem habento civiles magistratus cum ea disceptatione sed religiosâ—ssimi Episcopi secundum sacros canones negotio finem imp nunto For the good Emperour knew full well that the Lay Senate neither understood what to determine in the points of faith and the government of Christ's Church nor was ever willing to do any great good or any special favour unto the Shepherds of Christ's flock and the teachers of the true religion because the Son of God had fore-told it that the world should hate us that secular men and Lay Senatours should commonly oppose John 15.19 cross and shew all the spite they can unto the Clergy Matth. 10.16 of whom our Saviour saith Behold I send you forth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as sheep in the midst of wolves Whence this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 great distance between their dispositions being observed it grew into a Proverb that Laici semper infesti sunt Clericis And Doctour Meriton In a Sermon before King James How the Laity love the Clergy A very memorable act Anno. â—9 Eliz. cap. 4. observed this as one of the good favours the Clergie of England found from our Parliaments since the reformation when many men first began to be translated from the seat of the scornefull to sit in Moses chaire and to prescribe Lawes for Christ his Spouse to make an Act that all wandering beggars after their correction by the Constable should be brought to the Minister of the Parish to have their names registred in a Book and the Constable used to give to the Minister 2d for his paines for every one so registred but if he refused or neglected to do it the Statute saith he should be punished five shillings for every one that should be so omitted where besides the honourable office I will not say to make the Minister of Christ a Bedle of the Beggars but a Register of the vagrants you see the punishment of one neglect amounteth to the reward of thirty labours therefore all the Christian Emperours and the wisest Kings considering this great charge that God had laid upon them to make wholesome Lawes and Constitutions for the government of his Church and seeing the inclinations of the Laity would never permit any of these Lay Elders and the Citizens of the world to usurp this authority to be the composers contrivers or assistants in concluding of any Ecclesiastical Law until the fences of God's vineyard were pulled down That the Laity should have no interest in making Laws for the Church and the wilde Boar out of the forrest the audacious presumption of the unruly Commonalty ventured either to govern the Church or to subdue their Prince since which incroachment upon the rights of Kings it hath never succeeded well with the Church of Christ and I dare boldly say it fidenter quia fideliter and the more boldly because most truly the more authority they shall gain herein the less glory shall Christ have from the service of his Church and therefore Be wise ô ye Kings And consider how any new Canons are to be made by our Statute 25 Hen. 8. Ob. But then it may be demanded if this be so Ob. that the Laity hath no right in making Lawes and Decrees for the government of God's Church but that it belongs wholly unto the King to do it with the advice of his Bishops and the rest of his Clergy then how came the Parliament to annul those Canons that were so made by the King and Clergy because they had no vote nor consent in confirming of them Sol. Truely I cannot answer to this Objection Sol. unless I should tell you what the Poet saith Dum furor incursu currenti cede furori Dâ—fficiles aditus impetus omnis habet They weâ—e furiously bent against them and you know furor arma ministrat dum regnant arma si lent leges all Lawes must sleep while Armes prevaile besides you may finde those Canons as if they had been prophetically made fore-saw the increasing strength of Anabaptisme Brownisme Puritanisme most likely to subvert true Protestantisme and therefore were as equally directed against these Sectaries of the left hand as against the Papists on the right hand and I think the whole Kingdom now findes and feels the strength of that virulent Faction and therefore what wonder that they should seek to break all those Canons to pieces and batter them down with their mighty Ordinances for seeking to subdue their invincible errours or else because as they say the Ecclesiastical State is not an independent society but a member of the whole the Parliament was not so to be excluded as that their advice and approbation should not be required to make them obligatory to the rest of the Subjects of the whole Kingdom which claim this priviledge to be tyed to the observation of no humane Lawes that themselves by their representatives have not consented unto 2. As the King is intrusted by God to make Lawes for the government of the Church of Christ so it is a rule without question 2. To grant dispensations of his own Lawes that ejus est dispensare absolvere cujus est condere he hath the like power to dispense with whom he pleaseth and to absolve him that transgresseth as he hath to oblige them therefore our Church being for reformation the most famous throughout all the parts of the Christian world and our King having so just an authority to do the same it is a most impudent scandal full of all malice and ignorance not to be endured by any well-affected Christian that the new brood of the old Anabaptists do lay upon our Church and State that they did very unreasonably and unconscionably by their Lawes grant Dispensations both for Pluralities and Non-residency The scandals of the malicious ignorants against the worthier clergy onely to further the corrupt desires of some few to the infinite wrong of the whole Clergy besides the hazard of many thousands of souls the intolerable dishonour of Gods truth and the exceeding disadvantage of Christ his Church for seeing God hath principally committed and primarily commended the care of his Church and service unto Kings who are therefore to make Laws and Orders for the well governing of the same iâ— shall make it most evident that they may as they have ever done most lawfully and more beneficially both for Gods Church and also for the Common-wealth do these three things Three special points handled 1. To grant that grace and favour unto their Bishops and other Ecclesiastical persons as to
perpetuate the War to fill our Kingdome with strangers and to make our calamities everlasting so they fell from evil to worse from discontent to schisme from schisme to open Rebellion and their Rebellion more wicked then any Rebels that we can reade of in any History which is the just judgment of God upon them that they which rebelliously run out of the Communion of Gods Church should most desperately run out of their own wits and refusing to be guarded by the Heavenly Angels should give themselves to be guided by the infernall Divels which made a merry fellow at the enumeration of their abhominable and indeed innumerable wickednesses to say Hell was never better then it is now The speech of a merry companion because he thought the Divels were all in London or otherwise it were impossible that the Citizens which have received so many gracious offers of pardons from His Majesty and promises of other favours should still continue so wicked as they are so gulled and seduced by this Parliament faction that non suadebis etiamsi persuaseris because as S. Augustine saith impia mens nolit intellectum and they love to cozen and cheat their own souls by new painting these old sins and calling their faction faith their madnesse zeale and their horrid Rebellion fighting for Religion but as the Poët saith Non tanti est civilia bella movere Whatsoever pretences move them to it this remedy will increase their miseries for if God be no more mercifull to us then their sin deserves it may end here in an universal destruction and hereafter in their eternall damnation for doth not all the world see how God scourgeth us with the rod of our own furious madnesse and like as it befell the Ammonites and Moabites 2 Chron. 20.23 that fighting against the Israelites did help to destroy one another so we striving not against Israel but as we pretend both against the Edomites against falshood doe utterly destroy our selves Exemplóque pari ruit Anglica turba suóque Marte cadunt coesi per mutua vulnera fratres And we that did keep our enemies in awe shall be now destroyed by the sons of our own mother but I confesse our Land abounds with sins and our sins have justly deserved this heavy punishment to light upon us yet I beseech our God to chastise us with his own hands and let us not fall under the swords of the uncircumcised Philistines that are a people much more wicked then our selves and if he will let our soules live we shall praise his name 21. When they had most fraudulently gotten His Majesty to passe an Act which though really intended How they intended to get all Ireland to themselves yet to many men seems a very strange Act to refer the managing of the affaires of Ireland to the Parliament of England then they took that course to root out all the Papists Irish English Brittish and indeed all the Inhabitants of Ireland except their own brotherhood for they could have soon descried the marke of the beast in all the rest which they thought would be most effectual to further their designe and to bring the whole Kingdom of Ireland to be inherited by their own faction that is to sell all the Lands of the Rebels to themselves for they knew none else would buy it at that time and in that manner as they determined and when they had thus locked the doore and stopped the way of all relief unto the distressed Protestants of that Kingdom they might sing Dimidium toti qui benè coepit habet For they had setled Scotland and they had now grasped Ireland and held it fast in Vulcans net and therefore now it might stay till they could reduce Eâ—gland to make a perfect work in all the three Kingdomes to the same forme of government both in Chu ch and State as they projected for the other and because they would have some places of entrance into Ireland and hinder the Rebels to possesse the whole Kingdome and also blind the eyes of the ignorant not to perceive their plot How they blinded the people by their proceedings but to keep them still in some hope of redresse they sent such a party over and the Scots must be the most considerable part as might keep their own design on foot and yet yield not an inch of any comfort to the spoyled and expelled Protestant for they left that party which they sent thither rather as a prey to their enemies as having neither cloathes meat nor money then inabled by these accoutrements to subdue the Rebels as it is better and more fully declared by the Letter of the State of Ireland to the House of Commons then I can relate unto you What the Author saw in Ireland And I being in Ireland seeing the deplorable state of that Kingdome the miserable distress of the mangled starved and naked Protestants the little children calling and crying for bread and none to give it them many worthy Ministe s begging or dying for want in the streets and the poore bare-footed and hunger-bitten Souldier lamenting his hard fortune to be transplanted out of Gods blessing into the warme sun from plenty and prosperity to be left as the Traveller betwixt Hierusalem and Hierico halfe dead betwixt merciless Rebells and more unmercifull friends neither wholly to be destroyed nor yet to be releived was much troubled and perplexed at these sad aspects and being intrusted by the Bishops my Brethren of that Kingdome to agitate the cause of the Church for our reliefe here in England and to that end having a Letter unto his Majesty and a Remonstrance of our distressed condition though with the great hazard of my life at Sea yet I arrived by Gods great blessing in England How used as soon as ever he came to his House and before I had been two dayes at home my house was surrounded with a Troope of Armed Souldiers they entred in seized upon my person searched every roome and every corner with a candle not leaving the bedstraw whereon my children lay unsearched they took all my papers and all the money they found in my house even my servants money to the summ of 40 and carried all with me their poor Prisoner to Northhampton and now I thought it was but an ill exchange to escape the Sea and to fall into the fire to shun the Lion How a precise Church-warden would have hindred a Bishop to preach and to meeet a Beare to eschew the Rebels in Ireland and to fall into the hands of T aytors in England and I knew not why but onely that I had often Preached at Tâ—wâ—â—ster where being requested by Master Lockwood to supply the place the precise Church-wardens very peremptorily told me I should not do it because I was a royalist and spake against the Parliament to whom I replyed that he had no such authority to hinder a Bishop to Preach and bad him look to
and strongest fort that although all others should want sufficient right to crosse the commands and resist the violence of an unjust and tyrannical Prince yet the Parliament that is the representative body of all his Kingdom and are intrusted with the goods estates and lives of all his people may lawfully resist and when necessity requireth take arms and subdue their most lawful King and this they labour to confirm by many arguments I answer that for the Parliament of England it is beyond my sphere and I being a transmarine member of this Parliament of Ireland And whatsoever I â—pâ—ak of Parliaments in all this Discourse I mean of Parliaments disjâ—yned from their King and understand only the prevalent faction that ingrosseth and captivateth the Votes of many of the plain honest minded party which hath been often seen both in general Councels and the greatest Parl aments I will only direct my speech to that whereof I am a Peer and I hope I may the more boldly speak my mind to them whereof I am a member and I dare maintain it that it shall be a benefit and no prejudice both to King and Kingdome that the Spiritual Lords have their Votes in this our Parliament For besides the equity of our sitting in Parliament and our indubitable right to vote therein and his Majesty as I conceive under favour be it spoken is obliged by the very first act in Magna Charta to preserve that right unto us when as in the Summons of Edw. 1. it is inserted in the Writ that * Claus 7. m. 3. dors Quod omnes tangit ab omnibus approbari or tractari debet whatsoever affair is of publique concernment ought to receive publique approbation and therefore with what equity can so considerable a party of this Kingdom as are the Clergy who certainly cannot deserve to forfeit the priviledge of the meanest subjects and of Common men because they are more immediately the servants of the living God be denied the benefit of that which in all mens judgements is so reasonable a law and they onely be excluded from that interest which is common unto all I cannot see yet I say that besides this our right while we sit in Parliament this fruit shall alwayes follow that our knowledge and conscience shall never suffer us to vote such things against the truth as to allow that power or priviledge to our Parliament as to make Orders and Ordinances without the consent and contrary to the will of our King much lesse to leavie moneys and raise armes against our King Priviledges of Parliament what they are for I conceive the Priviledges of Parliament to be Privatae leges Parliamenti a proceeding according to certain rules and private customes and lawes of Parliament which no member of the Houses ought to transcend whereas the other is Privatio legum a proceeding without Law contrary to all rules as if our Parliament had an omnipotent power and were more infallible than the Pope to make all their Votes just and their sayings truth I but to make this assertion good that the Parliament in some cases may justly take arms and make warre upon their justest King if they conceive him to be unjust it is alledged that although the King be Singulis major greater then any one yet he is Vniversis minor lesse then all therefore all may oppose him if he refuse to consent unto them I answer that the weaknesse of this argument Pag. 11. 38 39 40. is singularly well shewed in the Answer to the Observations upon some of his Majesties late Answers and Expresses and I will briefly contract the Answer to say the King is better than any one doth not prove him to be better then two and if his Supremacy be no more then many others may challenge as much for the Prince is Singulis major a Lord above all Knights and a Knight above all Esquires he is singulis major though universis minor And if the King be universis minor then the people have placed a King not over but under them And Saint Peter doth much mistake in calling the King Supreme 2 Pet. 2.13 and they do ill to petition when they might command and I am confident that no records except of such Parliaments as have most unjustly deposed their Kings can shew us one example that the Parliament should have a power As Edw. Carnarvan and Richard the second which must of necessity over-rule the King or make their Votes Law without and against the will of the King for if their Votes be Law without his consent what need they seek and sollicit his consent But the clause in the Law made 2. Hen 5. cited by his Majesty that it is of the Kings regality to grant or deny such of their Petitions as pleaseth himself That the King is universis major greater then all proved and the power which the Law gives the King to dissolve the Parliament and especially the words in the Preface of cap. 12. Vices to Hen. 8. where the Kings Supremacy not over single persons but over all the body politique is clearly delivered doth sufficiently shew the simplicity of this Sophistry God having given and the people having yielded their power to th it King they can never challenge any power but what they have derived from their king 2. Reason Sol. and prove that the King being invested with all the powâ—â— of the people which is due to him as their King he is the onely fountain of all power and justice so that now they can justly claim no power but what is derived from him and therefore it is the more intolerable that any man should usurp the power of the King to destroy the King 2. They will say that Salus populi est suprema a lex The good of the people is the chiefest thing that is aymed at in all government and the Parliament is the representative body of all the people therefore if any thing be intended contrary to the good of the people they may and ought lawfully to resist the same I answer and confesse that there is no wise King but will carefully provide for the safety of his people because his honour is included therein and his ruine is involved in their destruction but it is certain that this principle hath been used as one of our Irish mantles to hide the rebellion of many Traytors and so abused to the confusion of many Nations for there is not scarce any thing more facile 2 Sam. 15.4 then to perswade a people that they are not well governed as you may see in the example of Absolon who by abusing this very Axiome hath stollen away the hearts of many of his fathers subj cts How easie it is to perswade the people to rebell for as Lipsius saith Proprium est aegri nihil diu pati It is incident to sick men and so to distempered minds to indure nothing long but foolishly to
would collect the testimonies of our best Writers I will adde but one of a most excellent King our late King James of ever blessed memory for he saith The improbity or fault of the Governour ought not to subject the King to them over whom he is appointed Judge by God for if it be not lawful for a private man to prosecute the injury that is offered unto him against his private adversary when God hath committed the sword of vengeance onely to the Magistrate how much lesse lawful is it think you either for all the people or for some of them to usurp the sword whereof they have no right against the publique Magistrate to whom alone it is committed by God This hath been the Doctrine of all the Learned The obedient example of the Martyrs in the time of Queen Mary of all the Saints of God of all the Martyrs of Jesus Christ and therefore not onely they that suffered in the first Persecutions under Heathen Tyrants but also they that of late lived under Queen Mary and were compelled to undergoe most exquisite torments without number and beyond measure yet none of them either in his former life or when he was brought to his execution did either despise her cruell Majesty or yet curse this Tyrant-Queen that made such havock of the Church of Christ and causelesly spilt so much innocent blood but being true Saints they feared God and honoured her and in all obedience to her authority they yielded their estates and goods to be spoyled their liberties to be infringed and their bodies to be imprisoned abused and burned as oblations unto God rather then contrary to the command of their Master Christ they would give so much allowance unto their consciences as for the preservation of their lives to make any shew of resistance against their most bloody Persecutors whom they knew to have their authority from that bloody yet their lawful Queen And therefore I hope it is apparent unto all men that have their eyes open and will not with Balaam most wilfully deceive themselves Numb 24.15 Gen. 19.11 or with the Sodomites grope for the wall at noon-day that by the Law of God by the example of all Saints by the rule of honesty and by all other equitable considerations it is not lawfull for any man or any degree or sort of men Magistrates Peers Parliaments Popes The conclusion of the whole or whatsoever you please to call them to give so much liberty unto their misguided consciences and so farre to follow the desires of their unruly affections as for any cause or under any pretence to withstand Gods Vice-gerent and with violence to make warre against their lawful King or indeed in the least degree and lowest manner to offer any indignity either in thought word or deed either to Moses our King or to Aaron our High Priest that hath the care and charge of our souls or to any other of those subordinate callings that are lawfully sent by them to discharge those offices wherewith they are intrusted This is the truth of God and so acknowledged by all good men And what Preachers teach the contrary I dare boldly affirm it in the name of God that they are the incendiaries of Hell and deserve rather with Corah to be consumed with fire from Heaven then to be believed by any man on Earth CHAP. X. Sheweth the impudencie of the Anti-Cavalier How the Rebels deny they warre against the King An unanswerable Argument to presse obedience A further discussion whether for our Liberty Religion or Laws we may resist our Kings and a pathetical disswasion from Rebellion I Could insert here abundant more both of the Ancient and Modern Writers that do with invincible Arguments confirm this truth But the Anti Cavalier would perswade the world Anti-Cavalier p. 17 18 c. that all those learned Fathers and those constant Martyrs that spent their purest blood to preserve the purity of religion unto us did either belye their own strength * Yet Tertul. Cypr. whom I quoted before and R ssiâ— hist Eccles l. 2. c. 1. and S. August in Psal 124. and others avouch the Christians were far stronger then their enemies and the greatest part of Julians army were Christians or befool themselves with the undue desire of over-valued Martyrdome but now they are instructed by a better spirit they have clearer illuminations to inform them to resist if they have strength the best and most lawful authority that shall either oppose or not consent unto them thus they throw dirt in the Fathers face and dishonour that glorious company and noble army of Martyrs which our Church confesseth praiseth God and therefore no wonder that they will warre against Gods annointed here on Earth when they dare thus dishonour and abuse his Saints that raign in Heaven but I hope the world will believe that those holy Saints were as honest men and those worthy Martyrs that so willingly sacrificed their lives in defence of truth could as well testifie the truth and be as well informed of the truth as these seditious spirits that spend all their breath to raise arms against their Prince and to spill so much blood of the most faithful subjects But though the authority of the best Authours is of no authority with them that will believe none but themselves yet I would wish all other men to read that Homily of the Church of England where it is said that God did never long prosper rebellious subjects against their Prince were they never so great in authority or so many in number yea were they never so noble so many so stout so witty and politique but alwayes they came by the overthrow and to a shameful end Yea though they pretend the redresse of the Common-wealth which rebellion of all other mischiefs doth most destroy The Homily against rebellion p. 390. 301. or reformation of religion whereas rebellion is most against all true religion yet the speedy overthrow of all Rebels sheweth that God alloweth neither the dignity of any person nor the multitude of any people nor the weight of any cause as sufficient for the which the subjects may move rebellion against their Princes and I would to God that every subject would read over all the six parts of that Homily against wilful rebellion for there are many excellent passages in it which being diligently read and seriously weighed would work upon every honest heart never to rebell against their lawful Prince And therefore the Lawes of all Lands being so plain to pronounce them Traytors that take arms against their Kings as you may see in the Statutes of England 25 Edw. 3. c. 2. And as you know it was one of the greatest Articles for which the Earl of Strafford was beheaded that he had actually leavied warre against the King The Nobles and Gentry Lords and Commons of both Houses of Parliament in all Kingdomes being convicted in their consciences with the
the goods of the Guelphes if he assisted them to get the victory which he did and after he had subdued the Guelphes he seized upon the goods of both and when the Gibilines complained that he brake his Covenant to pillage their goods Caius answered that Themselves were Gibilines but their goods were Guelphs and so belonged unto him So both in England and Ireland I see the Parliament Forces and the Rebels I hope contrary to the will of the Parliament make little difference betwixt Papist and Protestant the well-affected and disaffected for they cannot judge of their affections but they can discern their estates and that is the thing which they thirst after Haud ignota cano But you will say These are miseries unavoidable accidents common to all warre when neither side can excuse all their followers I answer Woe be to them therefore that were the first suggesters and procurers of this warre and cursed be they that are still the incendiaries and blow the coales for the continuance of these miserable distractions I am sure his Majesty was neither the cause nor doth he desire the prolonging thereof for the least moment but as his royal Father was a most peaceable Prince so hath he shewed himself in all his life to follow him passibus aequis and to be a Prince of peace though as the God of peace is likewise a man of warre and the Lord of Hosts so this peaceable Prince when his patience is too much provoked can as you see change his pen for a sword and turn the mildnesse of a Lamb into the stoutnesse of a Lyon and you know what Solomon saith that The wrath of a King is the messenger of death especially when he is so justly moved to wrath And so much for the particulars of this Text. 2. Having fully seen the uglinesse of this sin 2. The punishment of these rebels you may a little view the greatnesse of the punishment for Although I must confesse we should be slow to anger slow to wrath yet when the Magistrate is disobeyed the Minister despised and God himself disclaimed it makes our hearts to bleed and our spirits angry within us yea though the King were as gentle and as meek as Moses the meekest man on earth and the Bishops as holy as Aaron Tirinus in ◠Psal the Saint of the Lord yet such disobedience and rebellion would anger Saints for so Tirinus faith Irritaverunt They angred Moses in their Tents and Aaron the Saint of the Lord Nay more then this they angred God himself so farre that fire was kindled in his wrath and it burned to the bottom of hell And as these rebels were Lords and Levites Clergy and Laity so God did proportion their punishments according to their sinnes for the Levites that were to kindle fire upon Gods Altar and should have been more heavenly and those two hundred and fifty men which usurped the Office of the Priests He sent fire from heaven to devour them and the Nobility that were Lay-Lords the Prophet tells you The earth opened and swallowed up Dathan and covered the Congregation of Abiram A most fearful example of a just judgement for to have seen them dead upon the earth as the Aegyptians upon the shore had been very lamentable but to see the earth opening and the graves devouring them quick was most lamentable and so strange that we never read of such revenge taken of Israel never any better deserved and which is more Saint Basil saith Basilius hom 9. quòd descenderunt in infernum damnatorum they fell into the very pit of the damned which doleful judgement though they well deserved it yet I will leave that undetermined And if these rebels proceeding not so farre whatsoever they intended as to offer violence and to make an open warre against Moses were so heavily plagued for the Embrio of their rebellion what tongue shall be able to expresse the detestation of that sin and the deserts of those Rebels that by their subtilty and cruelty would bring a greater persecution upon the Church then any that we read since the time of Christ and by a desperate disobedience to a most Gracious King would utterly overthrow a most flourishing State A rebellion and persecution the one against the King the other against the Church that in all respects can scarce be parallel'd from the beginning of the world to this very day And therefore except they do speedily repent with that measure of repentance as shall be in some sort proportionable to the measure of their transgression I fear God in justice will deal with them as he did with the Jews deliver them into the hand of their Enemies that will have no compassion upon young man or maiden 2 Chron. 36 17. old man or him that stoopeth for age or rather as he did with Pharaoh King of Aegypt deliver them up to a reprobate sense and harden their hearts that they cannot repent but in their folly and obstinacy still to fight against Heaven untill the God of heaven shall overthrow them with a most fearful destruction the which I pray God they may foresee in time and repent that they may prevent it that God may be still merciful unto us as he useth to be to those that love his Name And so much for the words of this Text. The application of all Now to Apply all in brief if God shall say to any Nation I will send them a King in my wrath and give them Lawes not good let them take heed they say not We will take him away by our strength for we have read that He hath authority to give us a King in his displeasure but you shall never read that we have authority to disobey him at our pleasure and to say Nolumus hunc regnare super nos or if any do let them know that he which set him up and setled him over them is able to protec◠him against them and they that struggle against him do but strive against God and therefore they have no better remedy then to pray to God which hath the hearts of all Kings in his hand that he would as the Psalmist saith Give the King his judgements and his righteousnesse unto the King's Son that he would either guide his heart aright and direct his feet to the way of peace or as he hath sent him in his fury so he would take him away in his mercy But for our selves of these Islands we have a King and I speak it here in the sight of God and as I shall answer for what I say at the dreadful judgement not to flatter him that hears me not but to inform those of you that know him not so well as I that had the happinesse to live with my ever honoured Lord the Noble Earl of Pembroke and Montgomery 16 or 17. years in the Kings house and of them 6 or 7. years in the Kings service He is a most just pious and
all these points are taught by every one of their Teachers but that all these and many more are taught and maintained by some one or other of them as I could easily expresse it if it were not too tedious for my Reader but the bulk of my Book swells too big and their fancies are but Dreams fit for laughter and I brought these onely as Vinegar to be tasted and then to be spit out again CHAP. X. Sheweth the great Bug-bears that affrighted this Faction the four speciall means they used to secure themselves the manifold lyes they raised against the King and the two speciall Questions that are discussed about Papists 5. The setling of the Militia 5. FOr the setling of the Militia and putting the whole Kingdom in a posture of Defence as they termed it 1. They dreamed of a desperate Disease 2. They devised an Emperical way to cure it and 1. The disease 1. The Disease was a monstrous fear of Popery and the re-establishment of abolished superstitions in our Church to invade their consciences and of the Papists with fire and sword to waste their estates and to take away their lives and liberties and through that groundlesse fear they looked on the innocent Ceremonies that were established in the Church as dangerous Innovations and introductions to Idolatry And in the State they feared the practised wayes and endeavours to produce an arbitrary government by our advancing of a boundlesse Prerogative even to the dispoyling of the Subject of his property and robbing him of the benefit of the laws these were their fears And the grounds of these fears were lying fictions and most scandalous detractions and defamations for their invented Letters that should come from Holland and from Denmark and some other places beyond the Seas where we were better believe them then go try whether they were true which informed them sometimes of a Fleet of Danes sometimes of another Nation that should come to assist the King for the setting up of Popery and the securing of himself in a tyrannical and arbitrary government over them What terrible things frighted them and every day almost produced a discovery of new treacheries against the Parliament what terrible things frighted them as the stable of Horses under ground for indeed they were invisible Horses such as Elisha's servant saw terrifying their guilty consciences and that of the Taylors in Moor-fields and the like horrid machinations that were to come against them I know not from whom and God knowes from whence which things how false they were time which is the mother of truth hath long agone made manifest and ridiculous to any man that is not bewitched with these lying fancies therefore lest these dreams of their distempered brains should be too soon descryed and so prove defective to produce their intended project they alledge The Queen is a Papist and I would to God they were so truly religious and void of hypocrisie in their profession as she most gracious Queen is in her religion then they say The Bishops are all Papists Deans and Prebends are of the same stamp and all the Kings Chapleins that were preferred by the Arch-Bishop were either close Papists or profest Arminians which are but Cosen-germans unto the other Arminianism being but a Bridge to passe over unto Popery And with these and the like false slanders against the King Queen and Clergy they so bewitched most of their well meaning brethren of the same house and amazed all the simpler sort of people of this Kingdom with these fears and filled them with such jealousies with those Pamphlets that they caused to be printed and dispersed every where that they were at their wits end for fear of this lamentable alteration of their religion and deprivation of their liberties 2. The disease being thus spread like a Gangrene 2. The Cure over all the parts of the body of this Kingdom they like skilful Physitians devise the cure and that is the preparation of a Militia and this Militia they would have put into such hands as they pleased such as they might confide in and I wish the whole Kingdom knew who those men were and who they are that they do confide in for I know 1. Some of them are poor men of most desperate fortunes if Bank-rupters may be termed such 2. Others to be most factious and schismatical men addicted to Anabaptism and Brownism and other worser Sects as amongst the London Commanders Ven Manwaring Fowke Nâ—rington Bradly Best and the rest whereof there are twice as many schismatical and as it is conceived beggarly Sectaries as are right honest men among them and if we looked among their Lords and all the rest of their nomination throughout the Kingdom I doubt we shall find some of them to be just of the same condition And because the King to whose care and trust God had committed all the people of this Kingdom and not to them that are called by the King and chosen onely by men and that onely for this time and of whom he will require an account of the laws and religion whereof he made him keeper and defender and not of them thought most rightly that this Militia should be committed rather to such men as he might confide in as it was in the raign of Queen Elizabeth and His Father of ever blessed memory rather than to any that they should name which was to dis-robe himself of all his regal power of the chiefest garland of his royal Prerogatives without which he could hold his Crown by no better a tenure then durante beneplacito and to put the sword out of his own hand into the hands of them that could not love him because they could not trust him as they alledged and what reason had he to trust them that were causelesly so distrustful of him they startled at this deniall And because the King of heaven had by this time opened the Kings eys God openeth the Kings eyes to let him see what hitherto he could hardly imagine that these men to whom he had granted for the good of his kingdom so many Acts of grace and favour as never any King of England did before and had very graciously offered to commit to the hands of their own choosing so large a share of the Militia as might have rendred the whole kingdom most secure if security in a just and legall way had been all that they sought for had their intentions far otherwise then they pretended and that not onely the government of the Church was intended to be altered and the Governours thereof destroyed but himself also was hereby dis-robed of those rights which God and the Lawes of the Land had put into his hands and the Kingdom brought either into a base Tyranny or confused Anarchy when all things shall be done according to the arbitrary power of these factious and schismatical men therefore he utterly refused to grant their desires and most wisely withstood their
the whole Kingdome in an unnatural civill War and to maintain the same against the will and contrary to the desires both of the King and Kingdom and it is almost incredible what wicked courses and how unjust and insufferable Orders and Ordinances you shall find recorded that they have made 1. Against the King 2. Against the Subjects 3. Against the Law Which are all said to be exceedingly abused by them for 1. Against the King it is registred to Posterity that they have proceeded besides many other things in all these particulars 1. They possesse all the Kings Houses Towns and Castles 1. Their proceedings against the King 1. Wrong Matth. 8 20. but what he gets by the strength of his sword and detain them from him so that we may say with our Saviour The Foxes have holes and the fowles of the air have nests but the King of England hath not an house allowed him by the Houses of Parliament wherein to put his head and they take not onely his Houses but also his rents and revenues and as I understood when I was in Oxford his very clothes and provision for his Table that seeing they could not take away his life by the sword they might murder him with cold or famin when he should not have the subsistence if they could hinder him to maintain life and soul together which is the shame of all shame and able to make any other men odious to all the world The complaint to the House of Commons Pag. 19. thus maliciously and barbarously to deal with their own most gracious King neither doth their malice here end but they with-hold the Rents of the Queen and seize upon the Revenues of our Prince which I assure them my Countrey-men takes in great scorn and I believe will right it with their lives or this Parliament-Faction shall redeem their errours with no small repentance when as we find no Prince of Wales was ever suffered by his Subjects to have such indignities offered him by the greatest Peers of England And here I cannot omit what Alderman Garraway saith of the reproach of Master Pym touching the maintaining of the Kings other Children which he professeth made his heart to rise and hoped it did so to many more Alderman Garraway his Speech Is our good King fallen so low that his Children must be kept for him It is worth our inquiry Who brought him to that condition We hear him complain that all his own Revenue is seized and taken from him Is not his Exchequer Court of Wards and Mint here his Customes too are worth somewhat and are his Children kept upon Alms How shall We and our Children prosper if this be not remedied And I pray God these things rise not up in judgement against them and this Nation but hereby they intended to verifie that disloyal Speech which One of them uttered in a Tavern and God will avert it from his Servant Sober Sadnesse pag. 22. 2. Wrong That they would make the King as poor as Job unlesse he did comply with them 2. If any man which they like not attends the Kings Person though he be his sworn servant or assist him in his just defence which he is bound to do by the Law of God and man yet he is presently voted and condemned for a Malignant Popish dis-affected evill Counsellour and an enemy to the State and that is enough if he be catched to have him spoyled and imprisoned at their pleasure nay my self was told by some of that Faction that because I went to see the King I should be plundered and imprisoned if I were taken 3 Wrong 3. Though they do solemnly professe that his Majesties personal safety and his royal honour and greatnesse are much dearer unto them then their own lives and fortunes The Petition to his Majesty the 16. of July 1642. which they do most heartily dedicate and shall most willingly imploy for the support and maintenance thereof yet for all this hearty Protestation they had at that very time as the King most accurately observeth in his Answer directed the Earl of Warwick to assist Sir John Hotham against him Non turpe est ab eo vinci quem vincere est nefas neque ei inhonestè aliquem submitti quem Deus super omnes extulit Dictum Armenii Pompeii appointed their Generals and as Alderman Garraway testifieth raised ten thousand armed men out of London and the Neighbour-Countries before the King had seven hundred and afterwards though the King sent from Nottingham a gracious Message and sollicitation for Peace yet they supposing this proceeded from a diffidence of his own strength or being too confident of their own force sleighted the Kings Grace and most barbarously proceeded in the most hostile manner waged warre and gave battail against the Kings Army where they knew he was in his own Person and as one of their Preachers taught the Sunday before the Battail that they might with a good conscience as well kill the King horresco dicere as any other man so according to Captain Blagues directions as Judas taught the High-Priests servants we know what Troops and Regiments were most aimed at whereas they do most ridiculously say they have for the defence of his person sent many a Cannon-bullet about his eares which he did with that Kingly courage and Heroick magnanimity yea and that Christian resolution and dependance on Gods assistance pass through that it shall be recorded to his everlasting honour and their indelible shame and reproach so long as the world endureth 4. 4 Wrong They have most Disloyally and Traiterously spoken both privately and publickly such things against his Majesty as would make the very Heathens tear them in pieces that should say the like of their Tyrannous Kings and such as I could not believe they proceeded from the mouth of a Christian against so Christian a King but that I find most of them were publickly uttered made known unto his Majesty and related by himself and those that were Ear-witnesses thereof Sober sadness p. 3. The Viewer p. 4. His Majesties Declaration Trussel in the supplement to Daniels History as Horresco referens that he was not worthy to be our King not fit to live that he was The Traitor that the Prince would govern better and that they dealt fairly with him they did not depose him as their fore-fathers had deposed Richard the second whom all the World knoweth to be most Traiterously Murdered and the whole progress of that Act whereby he was deposed is nothing else but the Scandal of that Parliament and an horrid treason upon the fairest relation of any Chronicle and the good Bishop of Carlile was not then affraid in open house to tell the Lords so to their faces and I would our Parliament men would read his Speech 5. They command their own Orders Ordinances 5. Wrong and Declarations to be Printed Cum privilegio and to be published
in Publick throughout the whole Kingdom and they are not a little punished that neglect it and whatsoever Message Answer Declaration or Proclamation cometh from the King to inform his Subjects of the Truth of things and to undeceive his much seduced people they streightly forbid those to be Printed and imprison if they can catch them all that publish them as they did many worthy Ministers in the City of London and in many other places of this Kingdom 6. They have publickly voted in their House 6. Wrong and accordingly indeavoured by Messages to perswade our brethren of Scotland to joyn in their assistance with these grand Rebels to rebel against their Soveraign but I perswade my self as I said before that the Nobility and Gentry of Scotland are more Religious in themselves more Loyal to their liege Lord and indeed wiser in all their actions then while they may live quietly at home in a happy peace to undertake upon the perswasions of Rebellious Subjects such an unhappy war abroad 7. It is remonstrated and related publickly that 7. Wrong as if they had shaken off all subjection and were become already a State Independent they have Treated by their agents with forraign States and do still proceed in that course which if true is such an usurpation upon Soveraignty as was never before attempted in this Kingdom and such a Presumption as few men know the secret mischiefs that may lurk therein 8. They suffer and licence their Pamphleters Pryn Goodwin Burges 8. Wrong Marshal Sedgwick and other emissaries of wickedness to publish such Treasons and Blasphemies and abominable Aphorisms As that the negative vote of the King is no more then the dissent of one man the Affirmative vote of the King makes not a Law ergo the Negative cannot destroy it and the like absurd and sensless things that are in those Aphorisms and in Prins book of the Soveraign power of Parliament whereby they would deny the Kings power to hinder any Act that both the Houses shall conclude and so taking away those just prerogatives from him that are as Hereditary to him as his Kingdom compell him to assent to their conclusions for which things our Histories tell us that other Parliaments have banished and upon their returns they were hanged both the Spencers the Father and the Son for the like presumption Why the two Spencers died as among other Articles Per asperte vid. Elismere post-nati p. 99. for denying this Prerogative unto their King and affirming that if he neglected his duty and would not do what he ought for the good of the Kingdom he might be compelled by force to perform it which very thing divesteth the King of all Soveraignty overthroweth Monarchy and maketh our government a meer Aristocracy contrary to the constitution of our first Kings and the judgment of all ages for we know full well Pag. 48. from the Practise of all former Parliaments that seeing the three States are subordinate unto the King in making Laws wherein the chiefest power consisteth they may propound and consent but it is still in the Kings power to refuse or ratify and I never read that any Parliament man till now did ever say the contrary but that if there be no concurrence of the King in whom formally the power of making of any Law resideth ut in subjecto to make the Law the two Houses whose consent is but a requisite condition to compleat the Kings power are but a liveless convention like two Cyphers without a figure that of themselves are of no value or power but joyned unto their figures have the full strength of their places which is confirmed by the Viewer of the Observations out of 11. Pag. 19 20 21. Hen. 7.23 per Davers Polydore 185. Cowel inter verbo Praerog Sir Thomas Smyth de republ Angl. l. 2. c. 3. Bodin l. 1. c. 8. For if the Kings consent were not necessary for the perfecting of every Act The Letter to a Gentleman in Gloucestershire p. 3. then certainly as another saith all those Bils that heretofore have passed both Houses and for want of the Royal assent have slept and been buried all this while would now rise up as so many Laws and Statutes and would make as great confusion as these new orders and ordinances have done And as the Lawyers tell us that the necessity of the assent of all three States in Parliament is such as without any one of them the rest do but lose their labour Lamberts Archeion 271. Vid. the Viewer p. 21. so Le Roy est assentus ceo faict un Act de Parliament and as another saith Nihil ratum habetur nisi quod Rex comprobarit Nothing is perfected but what the King confirmeth But here in the naming of the three States I must tell you that I find in most of our Writers about this new-born question of the Kings power a very great omission that they are not particularly set down that the whole Kingdom might know which is every one of them and upon this omission I conceive as great mistake in them that say the three States are Which be the three States of England 1. The King 2. The House of Peers 3. The House of Commons For I am informed by no mean Lawyer that you may find it upon the Rowls of Henry the fifth Speed l. 9. c. 19. p. 712. Anno. 1 Ric. 3. as I remember and I am sure you may find it in the first year of Richard the third where the three States are particularly named and the King is none of them For it is said That at the request and by the assent of the three Estates of this Realm that is to say the Lords Spiritual the Lords Temporal and Commons of the Land Assembled it is declared that our said Soveraign Lord the King is the very undoubted King of this Realm Wherein you may plainly see the King that is acknowledged their Soveraign by all three can be none of the three but is the head of all three as the Dean is none of the Chapter but is Caput capituli and as in France and Spain so in England I conceive the three Estates to be 1. The Lords Spiritual that are if not representing yet in loco in the behalf of all the Clergy of England that till these Anabaptistical tares have almost choaked all the Wheat in Gods field were thought so considerable a party as might deserve as well a representation in Parliament as old Sarum or the like Borough of scarce twenty Houses 2. The Lords Temporal in the right of their Honor and their Posterity And to make the World believe how justly and sufficiently legal they could do this they made another Ordinance for the inhabitants of the Counties of Northampton Rutland Derby c. to pay the twentieth part and to be assessed by the Assessors that they name in imitation of the Statute lately made for the four hundred
incline and conspire with this Faction to confirm those Positions which they proposed to themselves to overthrow the Church and State and to uphold their usurped Government and tyrannical Ordinances they will pretend twenty excuses as The great Affairs of the State The multiplicity of their businesses The necessity of procuring monies The shortnesse of their time though they sate almost three years already that they have no leisure to determine these questions which in truth they do purposely put off lest they should leese such a friend unto their party but when any other which dissenteth from their humours doth but any thing contrary to the straitest Rules of the House they do presently notwithstanding all their greatest affairs call that matter into question The L Digby in his Apolog. and it must be examined and followed with that eagernesse as in my Lord Digby's case that he must be forthwith condemned and excluded for we say This cannot be any just Priuiledge but an unjust proceeding of this Parliament 8. The delegating of their power to particular men 8. When they delegate their power to some men to do some things of themselves without the rest as it seems they did unto Master Pym when an Order passed under his sole test for taking away the Rails from the Communion Table for this is a course we never heard of in former time 9. The multiplying of their Priviledges 9. When their Priviledges are so infinitely grown and inlarged more than ever they were in former Parliaments and so swelled that they have now swallowed up almost all the Priviledges of other men so that they alone must do what they please and where they will in all Cities and in all Courts because they have the Priviledge of Parliament 10. When according to the great liberty of language 10. Their speaking and sitting in other Courts which we deny them not within their own wall they take the Priviledge to speak what they list in other places and to govern other Courts as they please where as they did in Dublin and do commonly in London they sit as Assistants with them that are priviledged by their Charters to be freed from such Controllers 11. When above all that hath been or can be spoken 11. Their close Committee they have made a close Committee of Safety as they call it which in the apprehension of all wise and honest men is not only a course most absurd and illegall but also most destructive to all true Priviledges and contrary to the equitable practice of all publick meetings that any one should be excluded from that which concerneth him as well as any of the rest And this Committee only which consisteth of a very few of the most pragmatical Members of their House must have all intelligences and privy counsels received and reserved among themselves and what they conclude upon must be reported to the House which must take all that they deliver upon trust and with an implicite Roman faith believe all that they say and assent to all that they do only because these forsooth are men to be confided in upon their bare word The greatnesse of this abuse when their House hath no power to administer an Oath unto any man in the greatest affairs happiness or destruction of the whole Kingdom for this is in a manner to make these men Kings more than the Roman Consuls and so as great a breach of Priviledge and abuse of Parliament as derogatory to his Majesty that called them to consult together and as injurious to all the people as can be named or imagined CHAP. XIV Sheweth how they have transgressed the publike Laws of the Land three wayes and of four miserable Consequences of their wicked doings 2. FOr those publike written and better known Laws of this Land 2. Against the publick laws of the Land they have no lesse violated and transgressed the same than the other and that as well in their execution and exposition as in their composition For 1. When they had caused the Archbishop of Canterbury to be committed to the Tower Judge Berkeley to the Sheriff of London 1. In the execution of the old Laws Sir George Ratcliffe to the Gate-house for no lesse crimes than high Treason and many other men to some other prisons for some other faults yet all the World seeth how long most of them have been kept in prison some a year some two some almost three and God only knoweth when these men intend to bring them to their legal tryal which delay of justice is not only an intolerable abuse to the present Subjects of this Kingdom to be so long deprived of their liberty upon a bare surmise but also a far greater injury to all posterity when this President shall be produced to be imitated by the succeeding Parliaments and to justifie the delayes of all inferiour Judges 2. Whereas we believe what Judge Bracton saith and Judge Britton likewise which lived in the time of Edward the first 2. In expounding the Laws Si disputatio oriatur justiciarii non possunt eam interpretari sed in dubiis obscuris Domini regis erit expectanda interpretatio voluntas Citatur à Domino Elism in post-nati p. 108. cùm ejus sit interpretari cujus est condere If any Dispute doth arise the Judges canot 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 hke 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
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 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 Sozom. histor l 6. c. 6. Niceph hist l. 11. c 1. answered 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 Vòbis 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 her The wife may not forsake her husband though he break his vow and neglect his duty 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 in these four special respects 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 For 1. As the Kings of Israel were hereditary by succession and not elective Respect 1 unless there were an extraordinary and divine designation as in David Kings of England are kings by birth Proved Salomon Jehu so do the Kings of England obtain their Kingdoms by birth or hereditary succession as it appeareth 1. By the Oath of Allegiance used in every Leete that you shall be true Reason 1 and faithful to our Soveraign Lord King Charles and to his Heires 2. Because we owe our legeance to the King in his natural capacity that is Reason 2 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 Coke l. 7. Calvin's case the body of the King being invisible in that sence 3. Because in that case it is expresly affirmed that the King holds the Kingdom Reason 3 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 Parliament yet upon his death-bed confessed he had no right thereunto Speed l. 9. c. 16. as Speed writeth 4. Because it was determined by all the Judges at the Arraignment of Watson Reason 4 and Clerke 1. Jacobi 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. that was not crowned till the ninth year of his Reign Speed l. 9. c. 16. and yet divers were attainted of High Treason before that time which could not have been done had he not been King And we know that upon the death of any of our Kings The right heir to the Kingdom is King before he is crowned Why the peoples consent is asked 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 Respect 2 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 Sadoc's room and Jehosaphat appointed Amariah and Zebaediah rulers of the greatest Affaires 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. 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 Smith de repub Angl. l. 2. c. 4. c. 5. are chosen and established by him as the highest immediately by himself and the inferiour by an authority derived from him The absurdiâ—ies 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 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 apud nos habentes Smith de Repub l. 2. Cambden Britan p. 132. nec in Imperii clientela sunt nec investituram ab alio accipientes nec praeter 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 overall 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 In the Preface to a Stat. 24. Hen. 8. cap. 12 governed by one supream head and king having the dignity and royal 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 Respect 3 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 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 The duty of the kings of England 1. To have the chiefest care to defend the faith of Christ and to preserve the 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 estabâ—ished Laws neither do our Divines give any further liberty to any king but if he failes in these he doth offend in his duty Respect 4 4. As the kings of Israel were accountable for their actions unto none but onely unto God Psal 51.4 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 most idolatrous The kings of England accountable for their actions only to God tyrannical or wicked kings to any account for their idolatry tyranny or wickedness even so the kings of England are accountable to none but to God Reason 1 1. Because they have their Crown immediately from God who first gave it to the Conquerour through his sword and since to the succeeding kings by the ordinary means of hereditary succession Smith de repub l. 1. c. 9. 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 and censure him for any thing that he should do Reason 4 4. Because the Testimony of many famous Lawyers justify the same truth for Bracton saith if the king refuse to do what is just satis erit ei ad poenam quòd Dominum expectet ultorem The Lord will be his avenger which will be punishment enough for him but of the kings grants and actions nec privatae personae nec justiciarii debent disputare And Walsingham maketh mention of a Letter written from the Parliament to the Bishop of Rome wherein they say Bracton fol. 34. 2. b. apud Lincol anno 1301. that certum directum Dominium à prima institutione regni Angliae ad Regem pertinuit the certain and direct Dominion of this Kingdom from the very first institution thereof hath belonged unto the King who by reason of the arbitrary or free preeminence of the royal dignity and custome observed in all ages ought not to answer before any Judge either Ecclesiastical or Secular Ex libera praeeminentia Ergo neither before the Pope nor Parliament nor Presbytery Reason 5 5. Because the constant custome and practice of this kingdom was ever such that no Parliament at any time sought to censure their king and either to depose him or to punish him for any of all his actions save onely those that were called in the troublesome and irregular times of our unfortunate Princes No legitimate and just Parliment did ever question the kings of England for their actions and were swayed by those that were the heads of the most powerful Faction to conclude most horrid and unjustifiable Acts to the very shame of their Judicial authorities as those factious Parliaments in the times of Hen. 3. king John Rich. 2. and Hen. 4. and others whose acts in the judgment of all good authors are not to be drawn into examples when as they deposed their king for those pretended faults whereof not the worst of them but is fairly answered and all thirty three of them proved to be no way sufficient to depose him Heningus c. 4. p. 93. by that excellent Civilian Heningus Arnisaeus And therefore seeing the Institution of our kings is not onely by Gods Law but also by our own Laws Customs and practice thus agreeable to the Scripture kings they ought to be as sacred and as inviolable to us as the kings of Israel were to the Jews and as reverently honoured and obeyed by us as both the Apostles Saint Peter and Saint Paul advise us to honour and obey the king CHAP. V. Sheweth how the Heathens honoured their Kings how Christ exhibited all due honour unto
condition their Preachers are and of what worth of no faith of no learning that have already forfeited their estates if they have any and their lives unto the king and will any man that is wise hazard his estate his life and his soul to follow the perswasions of these men my life is as deare to me as the Earle of Essex his head is to him and my soul dearer and I dare ingage them both that if all the Doctors in both Vniversities and all the Divines within the kingdome of England were gathered together to give their judgement of this War there could not be found one of ten it may be as I beleive not one of twenty that durst upon his conscience say this war is lawful upon the Parliament side for though these Locusts that is the German It is contrary to the doctrine of all the Protestant Church for Subjects to resist their king Scottish and the English Puritane agreeing with the Romane Jesuite ever since the reformation harped upon this string and retained this serpentine poison within their bosome still spitting it forth against all States as you may see by their bookes Yet I must tell you plainly this doctrine of Subjects taking up armes against their lawful King is point blanck and directly against the received doctrine of the Church of England and against the tenet of all true Protestants and therefore Andreas Rivetus Professor at Leyden writing against a Jesuite Paraeus in Rom. 13. Boucher l. 2. c 2. Keckerm Syst pol. c. 32. Jun. Brut. q. 2. p. 56. Bellar. de laic c. 6. Suar. de fid cathol c. 3. Lichfield l. 4. 19. sect 19. Field l. 5. c. 30. that cast this aspersion upon the Protestants that they jumpe with them in this doctrine of warring against and 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 Juel and Bilson and all the Doctors of the Church are of the same minde and Lichfield saith no Orthodox father did by word or writing teach any resistance for the space of a thousand yeares and Doctor Field saith that all the worthy fathers and Bishops of the Church perswaded themselves that they owed all duty unto their kings though they were Hereticks and Infidels and the Homilies of the Church of England allowed by authority do plainly and peremptorily condemne all Subjects warring against their King for Rebels and Traytors that do resist the ordinance of God and procure unto themselves damnation and truely I beleive most of their own consciences tell them so and they that thinke otherwise I would have them to consider that if they were at a banquet where twenty should aver such a dish to be full of poyson for every one that would warrant it good would'st thou venture to eate it and hazard thy life in such a case O then consider what it is to hazard thy soule upon the like termes So you see the justness of the War on the Parliament side But. 1. On the Kings side it cannot be denied but his cause is most just for his own defence for the maintenance of the true Protestant Religion that is established by our Laws and for the rights of the Church and the just liberties and property of all his loyal Subjects this he testifieth in all his Declarations and this we know in our own consciences to be true and therefore 2. As his Majesty professeth so we beleive him that he never intended otherwise by this war but to protect us and our Religion and to maintain his own just and unquestionable rights which these Rebels would most unjustly wrest out of his hands and under the shew of humble Petitioners to become at last proud Commanders for as one saith They whom no denial can withstand Seeme but to aske while they indeed command 3. For the persons that war with him they are the chiefest of the Nobility 3 His assistants learned honest and religious all the best Gentry that hazard their lives not for filthy lucre for the Kings Revenues being so unjustly detained from him they are fain to supply his necessities and to bear their own charges and the poor common Soldiers are nothing wanting to do their best endeavours neither need they to fear any thing because 4 His authority sacred and unquestionable What the pretended Parliament is 4. The King hath a just right to give them full power and authority to do execution upon these Rebels as I have proved unto you before And therefore the result of all is that the Parliament side under the pretence of Religion fighting if not for the Crown yet certainly for the full power and authority of the King who shall have the ordering of the Militia that is who shall have the government of this Kingdome which is all one as who shall be the King they or King CHARLES and which is the very question that they would now decide by the sword in taking away our goods are theeves and robbers in killing their brethren are bloudy murderers and in resisting their King are rebellious traytors that as the Apostle saith purchase to themselves damnation when as the Prophet Esay speaketh of the like Rebels being hardly bestead and hungry Esay 8.21 22. as I believe thousands of them are in London and other Rebellious Cities they shall fret themselves and curse their King and their God and looke upward as I fear many of them do curse the King with their tongues and God in their hearts and they shall looke unto the earth Matth. 8.12 and behold trouble and darknesse dimnesse and anguish and they shall be driven to darknesse even to utter darknesse where there shall be weeping and gnashing of teeth if by a true repentance they do not betimes rent their hearts and forsake their fearful sinns And the Kings side in this war doing no further then the king gives Commission do no more then what God commandeth and therefore living they shall be accounted loyal Subjects worthy of honour and dying they shall be sure to be everlastingly rewarded CHAP. XIII Sheweth how the first Government of Kings was arbitrary the places of Moses Deu. 17. and of Samuel 1 Sam. 8. discussed whether Ahab offended in desiring Naboths Vineyard and wherein why absolute power was granted unto Kings and how the diversities of Government came up 2 part of the regal government in the time of peace Master Selden in his titles of Honour p. 15. That the first government of Kings was arbitrary 2. HAving thus shewed you potestatem ducendi the Kings right and power of making War it resteth that I should speake De potestate judicandi of his power and right of judging and governing his people in the time of peace touching which we finde none denying his right but all the difference is about the manner where 1. I finde Master Selden rejecting
them the more odious both to God and man and their names the more infamous to all posterity that after they had filled themselves with all kind of wickednesse with incredible transgressions they should be sound contemners of so favourable a pardon But though it be the Kings right to pardon faults and to restore offenders yet herein all Princes should take great heed especially when they have power to take revenge 2. Sam. 3.39 for sometimes the sinners may be like the sons of Zervia too strong for David how they pardon those great crimes that are committed to the dishonour of God and do so far provoke him to anger as to plague both the doers and the sufferers of them because that although they be soluti legibus suis not bound to their own Lawes Arnisaeus l. 1. c. 3. pag. 69. yet they are not soluti ratione praeceptis divinis but they are bound to observe Gods Lawes and to punish the transgressors of his Commandments or if they do not when they can do it they shall render a strict account to God for all their omissions as they may see it in the example of King Saul 1 Sam. 15.9 6. Jus convocandi Synodos Parliamenta c. 6. Jus convecandi the right of calling Synods Parliaments Dyets and the like were the rights of the kings of Israel and are the just Prerogatives of the kings of England howsoever this faction of the Parliament hath sought to wrest it as they do all other rights out of the kings hands by their presumption to call their Schismaticall Synod to which they have no more colour of right then to call a Parliament 7. Jus mone tas excudendi Matth. 22.20 7. Jus excudendi the right of coyning mony to give it value to stampe his armes or his image upon it as our Saviour saith Whose Image and superscription is this and they say to him Caesars is the proper right of Caesar the prerogative of the king The second sort of the King 's right is circa Magistratus 2. About the Magistrates and containeth jurisdiction rule creation of officers appointing of circuits provinces judgements censures institution of Scholes and Colledges collation of dignities receiving of sidelities and abundance more whereof I intend not to speak at this time but refer my Reader to Arnisaeus de jure Majestatis if he desires to be informed of these particulars Arn s l. 2. c. 2. And as these and the like are jura Regalia the rights of Majesty in the time of peace so when peace cannot continue it doth properly belong unto the King and to none else but to him that hath the Sovereignty whose right it is alone to make war either to succour his allyes or to revenge great injuries or for any the like just causes and as he seeth cause to conclude Peace to send Ambassadours to negotiate with foreign States and the like are the rights of Kings and the indeleble Characters of Soveraignty which whosoever violateth and endeavoureth to purloin them from the King doth with Prometheus steal fire from Heaven which the Gods would not suffer as the Poëts feign to go unrevenged And these things so far as I can finde the King never parted with them unto his Subjects and therefore whosoever pretendeth to an inderived power to do any of these and exempteth himself from the King 's right herein resisteth the ordinance of God and is guilty of High-Treason Ioh. Beda 26. what pretext soever he brings saith the Advocate of Paris And there be some things which our Kings have granted unto their Subjects Ita itiam Reges Aegypti quibus voluntas pro lege est legum tamen instituta in cogendis pecuniis quotidianoque victu sequebantur Aubanus What things Kings have granted and restrained themselves from their full right as the use of that power which makes new Lawes or repeals the old or layeth any tax or sums of monies upon his Subjects without the consent of the Lords and Commons in Parliament and it may be some other particulars which the Lawyers know better then I. And all these Priviledges of the Subjects are but limitations and restrictions of the King 's right made by themselves unto their people and therefore where the Law cannot be produced to confirm such and such Liberties and Priviledges granted unto them I say there the King's power is absolute and the Subject ought not in such cases to determine any thing to the disadvantage of the King because all these Liberties that we have are injoyed by vertue of the King's grant as you may see in the ratification of Magna Charta where the King saith We have granted and given all these Liberties But I could never see it produced 9 Hen. 3. where the King granted unto his Subjects that they might force him and compel him with a strong hand by an Army of Souldiers to do what they will or else to take away either his Crown or his Life this Priviledge was never granted because this deprives the King of his supremacy and puts him in the condition of a Subject and would ever prove an occasion of rebellion when the people upon every discontent would take Arms against their King And therefore this present resistance is a meer usurpation of the King 's right a rebellion against his Lawes an High Treason against his Person and a resistance of the ordinance of God which heap of deadly sins can bring none other fruit then damnation saith the Apostle CHAP. XIV Sheweth the Kings grants unto his people to be of three sorts Which ought to be observed the Act of excluding the Bishops out of Parliament discussed the King's Oath at his Coronation how it obligeth him and how Statutes have been procured and repealed 2. The Kings obligation to observe his grants Peter de la Primandas saith Laws annexed to the Crown the Prince cannot so abrogate them but his Successor may disannul whatsoever he hath done in prejudice of them p. 597. 2. WE are to consider how far the King is obliged to observe his promise and to make good these Liberties and Priviledges unto his Subjects where I speak not how far the father's grant may oblige the son or the predecessor his successor who cannot be deprived of his right dominion by any act of his predecessors but for the rights of his dominion how far precedent grants and the custom of their continuance with the desuetude and non-claim of his right may strengthen them unto the Subject and oblige the successors to observe them I leave it unto the Lawyers and Civilians to dispute but I am here to discusse how far the King that hath promised and taken his oath to observe his Lawes and make good all priviledges granted to his Subjects is bound in conscience to keep and observe them Touching which you must understand that these grants of immunities and favours are of three special kindes 1. Of
to defend the rights of the Clergy by his oath then the rest of the Lawes formerly enacted whereof any may be abrogated without perjury when they are desired to be annulled by the Kingdome Sol. His Majesties answer to the remonstrance or declaration of the Lords and Commons 26. of May 1642. To which I say that as His Majesty confesseth there are two speciall questions demanded of the king at His Coronation 1. Sir Will you grant and keep and by your oath confirm to the people of England the Lawes and Customes to them granted by the Kings of England your lawfull and religious predecessors And the king answereth I grant and promise to keep them 2. After such questions as concerne all the commonalty of this kingdome both Clergy and Laity as they are his Subjects one of the Bishops reads this admonition to the king before the people with a loud voice Our Lord and King we beseech you to pardon and to grant and to preserve unto us and to the Churches committed to our charge all Canonicall priviledges and due law and justice and that you would protect and defend us as every good King in His Kingdome ought to be the protector and defender of the Bishops and the Churches under their Government And the king answereth With a willing and devout heart I promise and grant my pardon and that I will preserve and maintaine to you and the Churches committed to your charge all Canonicall Priviledges and due law and Justice and that I will be your Protector and defender to my power by the assistance of God as every good king in His kingdome in right ought to protect and defend the Bishops and Churches under their Government The Kings Oath at His Coronation two-fold Then the king laying his hand upon the book saith the things which I have before promised I shall performe and keep so helpe me God and the contents of this Book Where I beseech all men to observe that here is a two-fold promise and so a two-fold oath The first part of the Oath Populo Anglicano Vide D. p. 165. 1. The one to all the Commonalty and people of England Clergy and Laity and so whatsoever he promiseth may by the consent of the parties to whom the right was transferred be remitted and altered by the representative body in Parliament quia volenti non fit injuria and the rule holds good quibus medis contrahitur contractus iisdem dissolvitur and therefore as any compact or contract is made good and binding so it may be made void and dissolved mutuo contrahentium assensu by the mutuall assent of both parties that is any compact where God hath not a speciall interest in the contract as he hath in the conjugall contract betwixt man and wife and the politicke covenant betwixt the King and His Subjects Contracts wherein God is interessed cannot be dissolved without God which therefore cannot be dissolved by the consent of the parties untill God who hath the cheifest hand in the contract gives his assent to the dissolution and so when things are dedicated for the service of God or Priviledges granted for his honour neither donor nor receiver can alienate the gift or annull that Priviledge without the leave and consent of God that was the principal party in the concession as it appeareth in the example of Ananias and is confirmed by all Casuists The second part of the oath Clericls Ecclesiasticis D. p. 165. 2. The other part of the oath is made to the Clergy in particular and so also with their consent some things I confess may perhaps be revoked but without their consent not any thing can be altered in my understanding without injustice for with what equity can the Laity vote away the rights of the Clergy when the Clergy do absolutely deny their assent just as if the Clergy should give away the lands of the Laity or as if I had lent the king ten thousand pounds upon the publique assurance of King and both Houses to be repaid again and they without mine assent shall vote the remission of this debt for some great benefit The party to whom the bond is made must release the bonds that they conceive redounding to the Common-Wealth by which vote I should beleive my selfe to be no better then meerely cheated or as if the Parliament without the assent of the Londoners should pass an act that all the money which they lent should be remitted for the releiving of the State I doubt not but they would conclude that act very unjust and so is this act against the Bishops because the Kings obligation to a particular body personall or politique cannot be dispensed with by the representative Kingdome without the releasement of that body to whom the King is obliged For I find that all the Casuists will tell you that juramentum promissorium ita obligat ut invito creditore non potest in melius commutari quia aliter justitia veritas non servarentur inter homines and it is their common tenet Suarez de juramento promiss l. 2. c. 12. n. 14. that it cannot be dispensed with quia per promissum acquiritur jus ei cui fit promissio utilitas unius non sufficit ut alter suo jure privetur the benefit of others must not deprive me of my right This point is so cleare that neither Scholer nor any man of reason or conscience will deny it Therefore to perswade the king that is bound by his oath to preserve the Rights and Priviledges of the Church and Clergy to cast out the Bishops out of their rights or to take away their Lands without their own consent whom the king by his oath hath obliged himself to protect I cannot see how they can do it without great iniquity or His Majesty consent to it and be innocent when he is fully informed of the Rights of his Clergy whereas otherwise the most religious Prince may be subject to mistakings and so nesciently admit that which willingly he would never have granted And if they can not perswade him to do this without iniquity how dare they goe about to force and compell him against conscience to commit this and such other horrible impiety but I assure my self that God who hath blessed our king and preserved him hitherto without blame as being forced to what he did or not throughly understanding what was our right the Bishops being imprisoned and not suffered to informe him nor to answer for themselves will still arme His Majesty with that resolution as shall never yeild to their impetuousnesse to transcend the limits of his own most upright conscience Yet still it is urged they were excluded by act of Parliament Ob. therefore their exclusion cannot be unjust as being done by the wisdome of the whole State and the king should not desire it to be altered I answer that all Parliaments are not alwayes guided by an unerring spirit Sol. but
water which accompanied the persons accused to Westminster the next day after His Majesties departure as if they had passed in a Roman Triumph conceived the danger to be so great that I call Heaven to witness they blessed God that so graciously put it in the Kings heart rather to passe away over-night though very late than hazard the danger that might have ensued the day following The meaning therefore of both Houses may be That there was nothing done which they confessed to 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 Reason 3 p. 7. No Act 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 2. The furtherances of their Design were five they were to recollect and make up the furtherances that might help 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 digâ—i 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 1 The indeering of themselves unto the Scots Our Sectaries the inviters of the Scots to England with far greater probabilities than a 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 they went which if some men were brought to their Legal tryal I believe would be more than sufficiently proved against them can be no lesse than heynous Crimes perhaps within the compasse of high Treason Or were these things but our jealousies and fears which do wear the garments of Truth yet their proceedings in Parliament do add more fuell unto the fire of our suspicion as for our men whom we have chosen to plead for us and to treat with them to respect them more than us to enrich them by impoverishing us How they behaved themselves towards the Scots giving them no lesse than 300000. l. who had entered into our Land and brought upon us such fears of I know not how many mischiefs that might succeed and not only so but also to shew what love they bare to them and how little regard they had of us their Native Brethren that put such trust and confidence in their fidelity as to commit all our fortunes and liberties into their hands paying weekly such a Pension for their provision besides the maintenance of our own Army which were forced to carry them their monies when themselves were unpaid as in a short time was able to exhaust all the wealth of this Kingdom and yet for all his Majesties continual calling upon them to dispatch their discharge and to finish the Treaty for the good of both Kingdoms keeping them here so exceeding long and making so very much of them which in truth we envyed not but admired what it meant when we saw with what continual feastings they were entertained in London and their lodgings frequented as the Kings Court till all the people began to murmur and to wax weary of so great a charge and such a burden as they knew must at last light upon their shoulders which must needs be matters worthy of our best examinations But as yet the common people that seeth no further than the present tense Why they detained them here so long and the outside of things did little know what many wise men did then foresee that these men aimed further than they seemed to do and delayed the businesse purposely till they had attained many of their desires and had fully endeared themselves into the affections of the Scots that if need required that they could not effect all the residue of their design as they intended which now could not so suddenly be brought unto perfection they might recall them here again to assist them to do that by force which by their craft and subtilty they should fail to do as now by their sending for them going unto them and alleadging the Act of Pacification for their assistance to withstand their King and to overthrow our Church it is apparent to all the World how perfidiously they dealt with God and man and how treacherous their thoughts were from the beginning both to the King and Kingdom Yet As we found our Brethren of Scotland howsoever these men behaved themselves in their secret intentions to have carried themselves none otherwise than as wise rational and religious men in all the Treaty So I assure my self they will hereafter still continue both faithful unto God and loyal unto their King and as they perceived not their intentions at the first so they will not now joyn with them in any Association of Rebellion to withstand their own Liege Lord and to change the established Laws and Religion of our Kingdom but will rather live in peace and happiness in their own Land than by forsaking their enjoyed quietness to involve themselves in the unhappiness of a desperate War in another Country 2. The compelling of all people to take their new framed Protestation 2. After they had thus endeared themselves unto their Brethren of Scotland they framed a Protestation to maintain and defend as far as lawfully they might with their lives powers and estates the True Reformed Protestant Religion his Majesties Royal Person Honour and Estate the power and priviledge of Parliament the lawful Rights and Liberties of the Subjects and every person that should make the Protestation in whatsoever he should do in the lawful pursuance of the same and to their power and as far as lawfully they might to oppose and by all good means endeavour to bring to condign punishment all such as shall either by force practice counsels plots conspiracies or otherwise * Which word is like the c. in the Canonical Oath do any thing to the contrary of any thing in the said Protestation contained and neither for fear hope nor other respect to relinquish this Promise Vow and Protestation In which Protestation though no man can espy the least shadow of ill prima facie at the first reading thereof yet if you look further and search narrowly into the intentions of the composers the frame of the Protestation and the practice of these Protestors ever since the framing of it you shall find that Desinit in piscem mulier formosa supernè these men are no Changelings but as like themselves as ever they were For 1. To terrifie the Papists to raise a Rebellion in Ireland 1. As it was intended so it succeeded it terrified the Papists and made them so desperate as almost to despair of their very Being as concerning the place where or the manner how they should live Which thing together with many other harsh and hard proceedings against many of them and the small countenance which they shewed unto a very moderate Petition that the Papists exhibited unto them hath driven abundance of them into Ireland whom I saw my self and there consulting with the Irish which were then also threatened by the Agents of this Faction there that ere long they should be severely handled and brought to the Church whether they would or no or pay such a Mulct as should make them poor what course they should take in such a desperate condition wherein they were all like to be ruined or to be rooted out of all the Kings Dominions they concluded what they would do To defend themselves by a plain Rebellion So this course against them hath been the leading-card as some of them confessed of that great Rebellion which being kindled as some Sectaries in England expected they thought they would so much the more weaken the King by how much the more combustion should be raised in each one of his Dominions And therefore notwithstanding all the Kings gracious Messages and wishes unto the House of