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england_n	henry_n	king_n	pope_n	16,586	5	6.9376	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A36871	The history of the English and Scotch presbytery wherein is discovered their designs and practices for the subversion of government in church and state / written in French, by an eminent divine of the Reformed church, and now Englished.; Historie des nouveaux presbytériens anglois et escossois. English	Basier, Isaac, 1607-1676.; Du Moulin, Peter, 1601-1684.; Bramhall, John, 1594-1663.; Playford, Matthew.	1660 (1660)	Wing D2586; ESTC R17146	174,910	286

not alter the Nature of the two Houses and the Gentlemen of the Parliament have often protested that they would not make use of this Act of Grace to the disadvantage of his Majesty so then if there were no Soveraignty resident in the two Houses before this grant there is no more after and the pretended Fundamental Laws not written that parts Soveraignty between the King and his Subjects yea that transport it wholly to the people are much to be suspected of falsity since they never appear but since the promise they obtained of the King both to his and their great damage to perpetuate this Parliament as long as they pleased and since they have begun to exercise the Soveraignty by force of Arms. Thus the new Nobility after they had obtained the Firss by right or wrong produce Coats of Arms and Titles which were heretofore unknown They maintain this their New Soveraignty by a Maxime of Stephanus Junius Brutus Rex est singulis Major universis Minor That is to say as they expound it That the King is the Soveraign of Particulars but the Representative body of the State is greater then he and have Soveraignty over him and all their Writers and amongst others the Observator on the Kings Answers attribute Majestie to the Commonalty and not to the King or Supreme if this be true it 's very strange how this Representative Body of the State the Parliament have left it so long time to the Kings the Court of Wards and many other Rights of Soveraignty which they have enjoyed without Contradiction until that present Parliament This vile Maxime then being destitute of all proofs from the Laws and Customes of the State ought to be despised but moreover it is also void of all reason for if the English be subject to their King in Retail are they not in Gross if in pieces not in the whole being born Subjects have they power to give the Soveraignty to their Deputies or Parliament men and make them Chief that is to say can they give them that which they have not And seeing also that they cannot assemble in Parliament without the King or Supreme Magistrates Writ this Writ of the Kings doth it render them forthwith Soveraigns above the King The stile of the Writ calls them ad Consul andum de quibusdam arduis to consult with him about some difficult affairs and not to master him and to dispose of his Authority And since they call this great Court the Body Representative of Subjects they must needs then be Subjects otherwise they should not represent them who sent them and that which the King accords to should be granted to Soveraigns but his Subjects should receive no benefit thereby He who will well examine this Proposition That the Soveraignty over the Soveraign rests in the Representative body of Subjects shall find it full of contradictions and to destroy it self They cannot bring any probable reason saith Bodin that the Subjects ought to command their Prince and that the Assembly of Estates ought to have any power unless when the Prince is under age or distracted or captive then the Estates may depute him a Regent or Lieutenant Otherwise if Princes were sub●ect to the Laws of the States and Commands of the people their Power were nothing and the Title of a King would be a Name without the thing moreover under such a Prince the Common-wealth should not be governed by the people but by some few persons equal in their Suffrages who who would make Laws and Edicts not by the Authority of the Prince but by their own who for all that come and present him humbly with requests every one apart by himself and all in a body making shew of Faithfulness and Obedience these things are as ridiculous as can be imagined thus saith Bodin Behold here the Form of State of our Covenanters in their beginning so drawn to the life by this learned Person that one would say he took the very Copie from them In effect when under a Monarchy a Faction in an Assembly of States shall take upon them the Soveraignty the State change not into an Aristocracy nor Democracy but into a pure Obligarchy which is the worst of all Forms of State and but the corruption of others The Royal Power being once usurped 't is not then the greatest nor the best nor the most who govern the affairs but some few unquiet and ambitious persons who love contention and know how to fish in troubled waters and as these men deceive the King with a false Idea of Soveraignty so they deceive their companions perswading them that the have part in their Authority because they have voices in the House for in such Assemblies where the choice of persons is more by hap then Judgment the Suffrage is to all but the Power is in a few The same Author numbring the Soveraign and absolute Monarchies of Christendom places England and Scotland amongst them and saith That without all Question their Kings have all the rights of Majesty and that it is not lawful for their Subjects neither apart nor in a Body to attempt any thing against the Life Reputation or Goods of their Soveraign be it either by ways of Force or Justice although he were guilty of all the crimes a man could imagine in a Tyrant For the Subjection that the Parliament owe to their King we can have no better witness then the Parliament it self for that disloyal maxime that the body of the State is above the King is contradicted by the ordinary stile of their papers presented to the King by this Body The Two Houses most humbly beseech their Soveraign Lord the King and they qualifie themselves the most humble and loyal subjects of his Majesty 'T is the Presentative Body of the Kingdome who speaks and nothing by way of Complement but Duty This Preface hath an excellent Grace in the beginning of a Declaration of the Two Houses to their King wherein they tell him that they deal favourably with him if they do not depose him and that they may do it without exceeding the limits of their Duty and Modesty This discourse is like the Locusts of the bottomless pit Revelations 9. which had the faces of men but the tails of Scorpions and therefore to avoid this disproportion in their Articles presented to the King at New-Castle they left out the Qualification of Subjects The ordinary Preface of Statutes do lively express the Nature of the three Estates The King by the Advice and Consent of the Prelates Earls and Barons and at the instance and request of the Commonalty hath ordained c. For it 's the King alone properly that ordains the Peers as Councellors advise and Consent the Commons as Suppliants require and solicite The Parliament held in the twenty fourth year of Henry the Eight speaks thus By divers ancient and authentical Histories and Chronicles it is manifestly declared that this Kingdome of England is an

Empire and for such hath been known in the world governed by one Soveraign Head having the dignity and Royal greatness of the Emperial Crown to which there is a Body Politick joyned composed of all sorts and degrees of people as well Spiritual as Temporal who are bound next to God to render unto him Natural Obedience If the Body Politick be naturally subjected to him as to its Head it 's contrary to Nature that it should be subjected to the Body Politick and his maxime R●x est universis minor is condemned as false by the Parliament they knew not in those daies what it was to make the Body of the State march with its head downward and feet upward but they were careful to maintain the Head in that eminent place where God had set it and hither also tend the words following That the chief Soveraign is instituted and furnished by the goodness and permission of Almighty God with full and entire Power Preheminence Authority Prerogative and Jurisdiction to execute Justice and put a final determination in all Cases to all sorts of his Subjects within this Kingdome and that many Laws and Ordinances had been made in preceding Parliaments for the full and sure conserving of the prerogative and preheminence of this Crown These good Subjects could not find words enough nor consult of means sufficient according to their mind to defend the Authority of their King esteeming and well they might that the happiness and liberty of the Subjects lay in the inviolable power of their Soveraign that the greatness of the State consisted in that of the Prince and that there is no other way to crown the Body but to place the Crown upon the Head This stile is very far from that of the nineteen Propositions presented to the King by the Two Houses in the beginning of the War which required that all matters of State should be treated of only in Parliament or if the King would treat of any Affairs in his Councel this Councel should be limited to a certain number and the old Councellors cashiered unless such whom it pleased the Two Houses to retain and that none hereafter should be admitted without their approbation that the King should have no power in the Education and Marriage of his children without their advice that all great Officers of the Crown and the principal Judges should alwayes be chosen by the approbation of the Two Houses or by a Councel authorized by them the same also in Governours of places and in the Creation of Peers which hath since been denied to the King in effect And as for the Militia they would have the King wholly put it into their hands that is to say he should take his Sword from his side and give it them which he could not do without giving them the Crown for the Crown and the Royal Sword are both of one piece so also for the point of Religion these propositions take from him all Authority and liberty of judgement yea even the liberty of Conscience for they require that his Majesty consent to such a Reformation as the Two Houses should conclude upon without telling him what this Reformation is Let all the world here judge if these men speak like Subjects they had reason to present these Articles with their swords in their hands but the King had more reason to draw his to return them an answer All these propositions are founded upon one only proposition which passeth amongst them for a Fundamental Law That the King is bound to grant to the People all their Demands but this is a Fundamental in the Ayr and made void by the practise of all Ages since Eng. was a Monarchy and by that Authentical Judgement of the States assembled under Henry the Fift That it belongs to the Supremacy of the King to grant or refuse according to his pleasure the Demands that are made to him in Parliament And in stead of the House of Commons being as it is now the Soveraign Court a thing never heard of until this present Age The House supplicated Henry the Fourth not to employ himself in any Judgement in Parliament but in such cases as in effect appertained to him because it belonged to the King alone to judge except in cases specified by the Statutes The same House under Edward the Third acknowledged that it did not belong to them to take Cognisance of such matters as the keeping of the Seas or the Marshes of the Kingdome yea even during the sitting of Parliaments the Kings have alwayes disposed of the Militia and Admiralty of the Forts and Garrisons the Two Houses never interposing or pretending any right thereunto they declared ingeniously to Edw. the First that to him belonged to make express Command against all Force of Arms and to that end they were bound to assist him as their Soveraign Lord. They declared also to King Henry the Seventh that every Subject by the duty of his subjection was bound to serve and assist his Prince and Soveraign Lord upon all occasions by which they signified that it was not for them to meddle with the Militia but that their duty as Subjects bound them to be aiding and assisting to him The Learned in the Laws tell us that to raise Troops of Horse or Foot without Commission of the King or to lend Aid is esteemed and called by the Law of England to levy war against the King our Soveraign Lord his Crown and Dignity In this point all that is done without him is done against him and this is conformable to the general Right of all Nations As for the Royal Estate saith Bodin I believe there is no person that doubts that all the Power both of making Peace and War belongs to the King since none dare in the least manner do any thing in this matter without the Command of the King unless he will forfeit and endanger his Head If the Two Houses were priviledged to the contrary by any Statute we should have heard them speak it but for what they have done we see no other Authority then their practice Therefore none ought to wonder if this their new practice hath less Authority with persons of a sound judgement then these practises of all ages past and if we cannot perswade our selves that without the Authority of the King they cannot abolish those of Parliaments Authorized by the King let them not then make such a loud noise with the Authority of Parliament 'T is in obedience to that Supreme Court of Parliament that we so earnestly strive to preserve the Princes Rights those Acts of Parliament are in full force which have provided with great care to defend the Royal Prerogatives judging aright that the Soveraignty is the Pillar of the publick safety and that it cannot be divided without being weakned and without shaking the State that rests upon it But we leave the reasons of the form of this Estate to them who formed it contenting our selves

content them without considering the salvation of their souls the safety of their persons make publick prayers in their Assemblies for the Covenanters Preach to the people that their War is lawful and holy and that after being questioned by the Magistrates of a contrary Religion constantly maintain that it is the cause of God whatsoever may happen to their Goods Lives and the profession of the Gospel But behold here that which is worse in the conclusion of the Oath of the Covenant which they sent with their Epistle to all the Neighbour Churches they invite them earnestly to take this Oath or the like And above all they invite those Churches who live under the power of a contrary Religion The Invitation is in form of a Prayer That it would please God to encline by their examples the other Churches that groan under the yoke of Antichrist's Tyranny to associate themselves with this Covenant or the like For to take then their Summons in their own sense that is to say That the Churches of France to please them would make a Covenant against their Soveraign expecting as a thing which they need not doubt that the English Covenanters would overcome their enemies in an instant and would be ready at the day appointed to succour their Confederates beyond the Seas with their victorious Armies before their King justly provoked should ruine them The Covenanters Declarations especially in the year 1642. flatter these poor Churches with this hope and through all their discourse clearly resolv'd to go forth and pull down Antichrist in all Countries and make a general conquest for Jesus Christ These are very like the Messages that John of Leyden sent to Munster to make all the Commons in Germany to rise and all the world if it were possible Not that the Leaders of the Covenant considering their strength and interest thought themselves capable of so vast a design but according to my opinion they had two ends in making this so open a profession The one to draw to their party the weak and passionate who in enterprises have regard to the lustre and promise of the design and not to the possibility of the execution Of such spirits the great Herd of the world is composed who in the great and publick Motions suffer their fancies to be bewitched with Poetical hopes incompatible with the nature of the affairs Such was the promise of another Declaration which lul'd the imaginations of the adherents That this War would bring them deliverance from all their sufferings and fears and be the beginning of a new world of joy and peace which God would create for their consolation For this new world of peace and joy which was but three skips and a stride off as they thought they found such besotted spirits who cast themselves headlong into a Gulph of evils without bottom or bounds The other apparent end was to gain credit to their party by the applause of Forreign Churches to fortifie themselves by the powerful association of the Low-Countries and to try whether the French of the Reformed Religion were so ill affectionate as to take up Arms against their King without ever caring what should come after when they were once engaged in a war wherein formerly they had ill success And these people were so void of charity and humanity that they were content to buy an unprofitable reputation to their party by the certain ruine of those they invite to alliance with them As he that cared not to cut down his Neighbours Oak were it but to make himself a pick-tooth For suppose that the French Churches should have suffered themselves to be gained by their perswasions In what condition were they in to succour them Could they have furnished Money Armes Men and Shipping Had they the means to put out the Fire when they had once kindled it All the Succours that these Gentlemen could give them would be to declare the Votes of the two Houses That the Armes of the Churches of France were Defensive and Just and those of their King Offensive and Unlawful Or have Declared his Majesty fallen from his Dignity and Crown of France as they declared those two Illustrious Princes Prince Rupert and Prince Maurice Sons of the late King of Bohemia excluded from Succession in the Palatinate which Vote shall take place when the Masters of the Covenant shall have Conquered the Palatinate by their Armes in spight of the Forces of France the Emperour and Spains and they become sole Arbiters of the Empire Before the Covenanters come to the end of this design a little too far off these brave Princes will have leasure to make their peace and many things may intervene which will induce their Judges to abate of their so great severity For to perswade these poor Churches to cast themselves headlong into ruine the Assembly at London in their Epistle labour to exasperate them by the remembrance of all that they had suffered and perswaded them that all Churches on this side as well as on the other side of the Seas were concluded to be ruined by the same Agents that after the Churches of England and Scotland should be devoured they would then fall upon their Neighbours and that it was not against the men but against the profession of the true Religion and against Godliness that their Enemies made War Whereby they would make the Neighbour Churches believe that King Charles confederated with the Pope to ruine the Reformed Religion and that after he had dispatched his own subjects he would do the like to his Neighbours of the same Religion There needs no great measure of the Gift of discerning Spirits to judge by what spirit these Grave Divines were led who take such pains to send their Brethren to the slaughter within and out of their Kingdome and to make the Doctrine of the Gospel a Trumpet of Sedition to arm subjects against their Princes and put all Christendome into a flame of bloody and unnatural wars And therefore they had reason to confess themselves thus to Forraign Churches they beseech them to excuse them that they had not writ sooner alledging according to the second Interpretation of their Friend That since they were assembled they found themselves so amazed with the Wine of Astonishment that God had given them to drink that they had wholly forgot their duty But in the Addition which they disperse amongst all the Churches they do not acknowledge themselves only Attonitos amazed but Ebrios drunken and both in the one and the other they had great reason Oh the force of Truth Oh the wonderful Providence and Justice of God to draw from these subtil and crafty souls their own condemnation How is it possible that so many choice and picked Divines whereof this Assembly was composed should be so blinded as to let pass from them so shameful a Confession in the name of all their Body and of all their Party to be divulged through all the Churches of

power by certain humane means introduced by custome which notwithstanding hinders not but their power may be founded in the Word of God when they are once established for as we said before the Question is not of the means by which a Prince comes to the Kingdome but what Obedience is due to him after he is once instaled And therefore Saint Peter after he had called this Ordinance an humane Ordinance commands us to subject our selves for the Lords sake and to obey his command Whosoever makes the Authority of Kings depend upon the institution of men and not upon the Ordinance of God lessens their Majesty more then three quarters and takes from them that which secures their lives and Crowns more then their Guards or mighty Armies which plants in the Subjects hearts Fear instead of Love and Reverence Then the fidelity and obedience of Subjects will be firm and lasting when it shall be incorporated with piety and accounted a part of Religion and of the service we owe to God This foundation being over-turned that the Authority of Kings is but an humane Ordinance that which they build upon it must necessarily fall for to reason thus that the people may take away their Authority from the King because they gave it him is to prove one absurdity by another as if one should prove the Moon might be burnt because it s made of wood For to say the people gave the power to the King is to imagine that which never was no not in Kingdomes which are Elective The People give not the King his Authority for they cannot give that they have not but he defers his obedience to Henry or Charles But this Prince being elected receives his Authority from God as the beginning and source from whence all power flowes By me Kings Raign Pro. 8.15 And there is no Power but of God Rom. 13.1 None ought therefore to take this Power which God hath given him Thus the Wife choseth her Husband and gives him a promise of obedience in marriage but it is not she that gives him his Authority that comes from above And there is as great an absurdity to say that the People may depose the King because they chuse him as to affirm that the Woman may put away her Husband or subject him to her when she shall judge expedient because that she made choice of him For the woman loseth the liberty of her choice by the bond of marriage and the People likewise lose the liberty to revoke their choice when the Prince Elected is declared King 'T is a strange consequence to say that the people may take away the Kings Authority because they have sworn obedience to him the Election is no other thing And it 's a reason that overthrows it self to say that the people may take from the King his Authority because they gave it him For put the case that it were true that the people gave Authority to the King whom they Elect since then the people have given away their Authority 't is no more in them This maxime being once admitted that it is lawful for every one to take back again what he hath given it would break the Laws of Society and fill the world with injustice and confusion But let our enemies know that although the Authority of the King had not begun before the Oath of Allegiance which this Parliament took in a Body at the beginning of their sitting yet the Body of the State made thereby an irrevocable gift of their obedience to the King and from this Oath we draw a better consequence then theirs namely that they cannot dispose of their obedience since they have given it to the King So that were their reasons good they would be of no force but in Kingdomes which were Elective and make nothing against King Charles for neither he nor any of the Kings his Ancestors in all ages past ever came to the Crown by Election It 's not to purpose to alledge the Oath the King took at his Coronation as an agreement and paction made with his people equivalent to an Election for the King receives not his Kingdome at his Coronation he is King before his Crown is put on and therefore Watson and Clark who conspired against King James of glorious memory were justly condemned as guilty of High Treason although they alledged that the King was not then Crowned and it was judged by the Court that the Crowning was but a ceremony for to make the King known to his people It 's the like also in France I judge saith Bodin that no man doubts but the King enjoyes before his Anointing the possession and propriety of his Kingdome Before this ceremony the King enjoyes as fully all his Rights as after and according to the Laws of France and England the King never dies whilst there remains any of the Royal Blood for in the same hour that the King expires the lawful Heir is totally invested of the Kingdome Wherefore the Eldest Sonne of Edward the Fourth who was murthered by his Uncle Richard is by general consent numbered amongst the Kings and named Edward the Fifth although he never wore the Crown nor took any Oath nor exercised any Authority Henry the Sixth was not Crowned but in the ninth year of his Reign and yet before his Coronation many were attainted of High Treason which could not have been done if he had not been acknowledged King In the Oaths of the Kings of France and England at their Coronation there is no image of stipulation covenant or agreement betwixt them and their subjects They receive not their Crowns upon any condition and their people owe their obedience whether they perform or violate their promises This Oath is a laudible custome profitable to bear up the Authority of the Prince by the love of his Subjects and to give to the people this satisfaction that the King whom God hath given them hath an intention to govern them with Justice and Clemency and to preserve their Rights and Liberties If the King by his Oath should bind himself to fall from the Right to his Kingdome when he should violate his Promises he would then be lesser after his Oath then before and surely if the Kings did believe they should diminish their propriety by their Oath they would never take it and to shew that their Authority depends not of their Oath but their Oath of their Authority the Kings of England form it at their pleasure Very hardly shall you find three that have taken the same Oath without changing some things That which was presented to Henry the Eighth which is to be seen in the Rolls was corrected by his own hand and interlined And moreover the Oath is made to God and not to the People and binds the Conscience of the Prince but doth not limit his Soveraignty if the intention of this solemnity were to make a stipulation or agreement with the people the people at the same time should also