in the blood of so many faithful Christians do sing with the Psalmist Psal 58 9. The righteous rejoyce when they see this vengeance they shall wash their feet in the blood of the ungodly for as Solomon saith The tender mercies of the wicked are meer cruelty Prov. 12.10 And I believe the first inventers of that Design to root out all the Papists in Ireland and to get that Act to purchase all the Lands of the Rebels had tasted too much of this bitter root of such destructive Doctrine whereby you see how the Religion of these men robbes us of our Estates keeps no faith with us and takes away our lives 7. Though among the works of God every flower cannot be a Lilly 7. They would have a party among all men both in Church and Common-wealth Gal. 5 6. Col. 3.11 every beast cannot be a Lyon every bird cannot be an Eagle and every Planet cannot be a Phoebus yet in the School of these men this is the doctrine of their to be new erected Church that with God there is no respect of persons and neither Circumcision availeth any thing nor uncircumcision but whether they be bond or free masters or servants Jew or Gentile Barbarian Scythian a country-Clown or a Court Gallant rich or poor it is all one with God because these Titles of Honour Kings Lords Knights and Gentlemen are no entities of Gods making but the creatures of mans invention to puffe him up with pride and not to bring him unto God and therefore though for the bringing of their great good work to passe they are yet contented to make the Earl of Essex their General and Warwick their Admiral and so Pym and Hampden great Officers of State yet when the work is done their Plot perfected and their Government established then you shall find that As now they will eradicate Episcopacie and make all our Clergie equall as if all had equally but one talent and no no man worthier than another so then there should be neither King Lord Knight nor Gentleman but a parity of degrees among all these holy brethren And to give us a taste of what they mean as the Lords concurrence with them inabled them to devour the Kings power so they have since with great justice prevailed with the House of Commons to swallow up the Lords power and have most fairly invaded their priviledge when they questioned particular Members * As my Lord Duke and my Lord Digbie 8. They would have no man to pray for temporal things Matth. 33 34. Matth. 6.11 9. Not to say the Lords Prayer 10. Not to say God Speed you 2 John 10.11 12 Not to pray for the Malignants 1 John 5.16 for words spoken in that House and then the whole House when they brought up and countenanced a mutinous and seditious Petition which demanded the Names of those Lords that consented not with the House of Commons in those things which that House had twice denied 8. Because our Saviour saith Seek ye first the Kingdom of Heaven and the righteousnesse thereof and all these things that is meat drink and cloathes and all other earthly things 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 shall be cast unto you and again Be not carefull for to morrow they teach their Proselytes that they ought not to pray by any means for any of these things whereas Christ biddeth us to say Give us this day our daily Bread 9. They cannot endure to say the Lords Prayer for that 's a Popish superstition but their Prayers must be all tautologies and a circular repetition of their own indigested inventions 10. You must not say God speed you to any neighbour or any traveller lest he intends some evill work and then you shall be partaker of his sin 11. They will not allow any of their Disciples to pray for any of the Reprobates and therefore they do exceedingly blame us and tear our Liturgie because we say That it may please thee to have mercy upon all men 12. Because Christ saith Call no man father on earth for one is your Father which is in Heaven the child must not call him that begat him and nurseth him his father nor kneel unto him to ask him blessing nor perform many other such duties which the Lord requireth and the Church instructeth her children to do to this very day and this foolish Doctrine of calling no man Father no man master or Lord and the like in their sense because they understand not the divine meaning of our Saviour's words hath been the cause of such undutifulnesse and untowardnesse such contempts of superiours and such rebellions to Authority as is beyond expression when as by their disloyalty being thus bred up in them from their cradle they first despise their father then their Teachers then their King and then God himself CHAP. IX Sheweth three other speciall points of Doctrine which the Brownists and Anabaptists of this Kingdom do teach 13. BEcause they can find no Text in Scripture when as the Alcoran is not so impudently hellish as to justifie the action for to warrant men to absolve our consciences from any Oaths that we have voluntarily taken for the performance of any businesse I cannot say that they do professedly teach but I do hear they do usually practise this most damnable sin as that Master Marshall and Master Case did absolve the Souldiers taken at Brainceford from their Oath which they took never to bear Arms against his Majesty which is a sin destructive both to body and soul when their Perjury added to their Treason makes them two-fold more the children of hell than they were before and if they be taken again they can expect nothing but their just deserved death and therefore I do admire that any man can challenge the name of a Divine which doth either preach or practise a point so devilish 14. They think sacriledge to be no sin Acts 20.34 1 Thes 2.9 1 Cor. 1.12 14. Because Saint Paul saith These hands have ministred to my necessities and to them that were with me and again Labouring night and day because we would not be chargeable to any of you we preached unto you the Gospel of God and because the rest of the Apostles and Disciples were Fishermen Tradesmen or professours of some Science either liberal or mechanick as Saint Luke was a Physician Joseph a Carpenter and the like who did live by their manual crafts and were chargeable to none of their people but sought them and not theirs to win their souls to God and not their monies unto themselves therefore they think it no robbery to take away all the revenues of the Church nor sacriledge to rob the Clergy of all the means they have because they should either labour for their livings as the Apostles did or live upon the peoples Almes as many poor Ministers do to the utter undoing of many souls in many distressed and most miserable Churches But because this revenue of
yet they compell us to obey their Orders in a stricter manner than usually we are injoyned by Law and this course to make such binding Ordinances as they do to carry the force though not the name of an Act of Parliament or a Law is a mighty abuse of our Laws and Liberties for Sir Edward Cook tells us plainly That as the constitution of our Government now standeth neither the House of Commons and King L. Cook in the Preface of the Stat. of Westminster the second Lamberts Archeion 271. can make any binding Law when the Peers dissent nor the Lords and King when the Commonalty dissenteth nor yet both Houses without the Kings consent but all three King Peers and Commons must agree before any coactive Law can be composed Nay more it is sufficiently proved that Dare jus populo or the legislative power being one principall end of Regall Authority was in Kings by the Law of Nature while they governed the people by naturall equity long before municipall Laws or Parliaments had any beeing For as the Poet saith Remo cum fratre Quirinus Jura dabat populo Hoc Priami gestamen erat cum jura vocatis More daret populis Because this was the custom of the Kings of Scythia Assyria Aegypt c. long before Moses and Pharonaeus when Municipall Laws first began to give Laws unto their people according to the Rules of Naturall equity which by the Law of Nature they were all bound to observe And though some Kings did graciously yield and by their voluntary oathes for themselves and their successors bind themselves may times to stricter limits than were absolutely requisite as William Rufus King Stephen Henry the fourth Richard the third and the like granted many Priviledges perhaps to gain the favour of their Subjects against those which likely had a better Title to the Crown than themselves or it may be to satisfie their people as the guerdon or compensation for the sufferance of some fore-passed grievances as Henry the first Edward the second Richard the second and the like yet these limitations being agreeable to equity and consistent with Royalty and not forcibly extracted ought in all truth and reason to be observed by them And hence it is that the Kings of this Realm according to the oathes and promises which they made at their Coronation can never give nor repeal any Law but with the assent of the Peers and People But though they have thus yielded to make no Laws nor to repeal any Laws without them yet this voluntary concession of so much grace unto the people doth no waies translate the legislative power from the King unto his assistants but that it is formaliter and subjectivè still in the King and not in them else would the government of this Kingdom be an Aristocracy or Democracy and not a Monarchy because the Supreme power of making and repealing Laws and Governing or judging decisively according to those Laws are two of those three things that give being to each one of these three sorts of Government Therefore the King of England Cassan in cata◠gloria mundi 2 2 Ed. 3. 3. pl. 25. Vid. The view of a Printed book intituled Observations c. Where this point is proved at large p. 18 19 21 22. being an absolute Monarch in his own Kingdom as Cassaneus saith and no man can deny it the Legislative power must needs reside solely in the King ut in subjecto proprio and the consent of the Lords and Commons is no sharing of that power but only a condition yielded to be observed by the King in the use of that power and so both the Oath of Supremacy and the form of all our ancient Statutes wherein the King speaks as the Law-maker do most evidently prove the same unto us Le Roy voit Neither durst any Subjects in former times either assume such a power unto themselves or deny the same unto their King for you may find how the House of Commons denying to pass the Bill for the Pardon of the Clergy which Henry the 8th granted them when they were all charged to be in a Premunire unless themselves also might be included within the pardon received this answer from the King that He was their Soveraign Lord and would not be compelled to shew his mercy nor indeed could they compel him to any thing else but seeing they went about to restrain him of his Liberty he would grant a pardon unto his Clergy by his great Seal without them though afterwards of his own accord he signed their pardon also which brought great commendation to his judgment Sir Rich. Baker in vita Hen. 8. to deny it at first when it was demanded as a right and to grant it afterward when it was received as of grace And yet the denyal of their assent unto the King is more equitable to them and less derogatory to him then to make orders without him And this manner of compulsion to shew grace unto themselves is more tolerable than to force him to disgrace and displace his most faithful servants only because others cannot confide in them when no criminal charge is laid against them And therefore for the Lords and Commons to make Orders and Ordinances without the King and in opposition to the King is a meer usurpation of the Regal power a nullifying of the Kings power and a making of the Royal assent which heretofore gave life to every Law to be an empty piece of formality which is indeed an intolerable arrogancy in the contrivers of these Orders and the makers of these Ordinances a monstrous abuse of the Subjects and a plain making of our good King to be somewhat like him in the Comedy A King and no King And whereas no Subject yea under favour be it spoken nor the King himself after he hath taken his Oath at his Coronation is free from the observation of the established Laws yet they make themselves so far above the reach of Law that they freed him which the Lord chief Justice Bramston had committed to Newgate for felony in stealing the Countess of Rivers goods they hindered all men as we found in their journal from proceeding against Sir Thomas Dawes they injoyned the Judges by their Orders to forbear to proceed in their ordinary courses in the Courts of Justice contrary to the Oathes of those Judges and some Parliament-men came to the Bench to forbid the Judges to grant Habeas Corpus's which is as great an iniquity and as apparent an injustice as ever was done by any Parliament The most abominable wickedness of these factious Rebels And that which is a Note above Ela above all that could be spoken whereas the Law of God and man the bonds and obligations of Civility and Christianity tye us all to be dutiful and obedient unto our King in all things either Actively or Passively and no wayes for no cause violently to resist him under the greatest penalties that can be
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
Athanasius said unto the Emperour Jovinian Conveniens est pro principe studium amor rerum divinarum It is meet and convenient for a good Prince to study and love Heavenly things because that in so doing his heart shall be alwaies Theodoret l. 4. c. 3. as Solomon saith in manu Dei in the hand of God and Saint Cyrill tells the Emperours Theodosius and Valentinian that Ab ea quae erga Deum est pietate Prov. 21.1 reipublicae vestrae status pendet the state and condition of their Common-wealth doth wholly depend according to that piety and Religion which they bear towards God Cardanus de sapientia lib. 3. Because as Cardan truely saith Summum praesidium Regni est justitia ob apertos tumultus Religio ob occultos Justice is the best defence of a Kingdom and the suppressor of open tumults because righteousness exalteth a Nation and Religion is the only Protector and safely against all secret and privy Machinations Minut. Fael in Oâ—tav because as Minutius Foelix saith What the Civil Magistrate doth with the sword of justice to suppress the nefarious doers and actours of wickedness Religion rooteth out and suppresseth the very thought of evil The want of the fear of God the only thing that maketh Rebells which a Godly and a Religious man feareth as much and more then a wicked and prophane man doth dread the punishment of his offence and so Religion Piety and the fear of God keepeth the very hearts and souls of the subjects from swelling against their Soveraign and from the least evil thought of Rebellion and it is the want of the fear of God and true Religion whatsoever men pretend that makes Rebels and Traytors in every place because the true Religion tels us plainly Rom. 13.1 that every soul that is every man unfainedly from his heart should be subject to the â—â—gher Powers And the true Religion teacheth us as Tertull Tertul. ad Scapul saith Colere Imperatorem ut hominem à Deo secundum solo Deo minorem To acknowledge and to serve the Emperour and so our King and our Prince as the next person to God and inferior to none but to God When as he is Omnibus major solo Deo minor above all men and below none but only God How requisite it is for Kings to have a care to preserve Religion And therefore it is most requisite that all Kings and Princes should have care of the true Religion and the service of God and with the Prophet David to build Temples and Churches for him that hath given their Crowns and Thrones unto them and to provide maintenance for those servants of God that serve at his Temple as they do for those that serve themselves and so both to be Religious themselves and to see that their subjects so far as it lieth in them should be so likewise and this their own piety and goodness in the service of God will make them famous amongst all posterities and their names to shine as the Sun when as Saint Ambrose saith Ambrosius Epist 32. Nihil honorificentius quà m ut Imperator filius Dei dicatur nothing can be more honorable then that the Emperour or King should be named and called the Son of God The fruits and benefits of maintaining true Religion in a kingdom which is a more glorious Eulogie then Homer could give to the best Heroes of all Greece or that Alexander Julius Caesar or the like could atchieve by all their military exploits or the best domestick actions that they have done and their making provision for the Teachers of the true Religion and the promoters of Gods service the Bishops and Ministers of Christ his Church which makes their subjects both Loyall and obedient unto them and also Religious towards God will preserve the peace and procure the happiness of their Kingdoms How many former kings were very zealous to uphold Religion And according as God hath given this Authority and laid this charge upon all Kings and Princes to have a care of his Religion and the Ministers of his Church so we find very very many both in former times and also of latter years and so both of Gentiles Jews and Christians that were exceeding zealous for the Honor of God and the upholding of them that served at his Altar 1. Gentile kings as 1. The Gentile Kings as Pharaoh King of Egypt that in the extremity of that dearth which swallowed the whole Land he made provision for Gods Priests The great bounty of king Croesus to the god Apollo and to his Priests so that they neither wanted means nor were driven to sell their Lands And so Croesus King of Lydia was so wounderfull zealous of the Honor and the worship of the god of Delphos and so bountifull to Apollo's Priests that Herodotus saith that he made oblation of three thousand choice Cattel such as might lawfully be offered and caused a great stack of wood to be made wherein he burnt Bedsteads of Silver and Gold and Golden Maysors with purple rayment and Coats of exceeding value and he laid the like charge upon the Lydians that every man should consecrate those Jewels which he possessed most costly and pretious from which their Sacrifice when as the streams of liquid and molten Gold distrained in great abundance he caused thereof to be framed half flates or sheards the longer sort as he intituled them of six handfull the shorter of three and a hand breadth in thickness amounting to the number of an hundred and seventeen Whereof four were of fined Gold weighing two Talents and a half and the rest of whiter Gold that weighed two Talents likewise he gave also the similitude of a Lion in tried and purged Gold and two Books very fair and stately to see to the one framed of Gold weighing eight Talents and a half with the additionall of twenty four pounds and the other of Silver And he presented likewise four silver Tunns two drinking Cups the one of Gold and the other of Silver and silver Rings with the shape and form of a woman three Cubits high and withall he offered the Chains Girdles and Wastbands of the Queen his wife and to the Priests of Amphiaraus he gave a shield and a speare of solid Gold and a quiver of the same metall all which saith mine Author he offered in hope to purchase thereby unto himself the gracious favour and good-will of that god and Herodotus l. 1 clio if he was so magnificent and bountifull to the Priests and Temple of that god which was no god how Royall think you would he have been if he had known the true God and our Saviour Jesus Christ So Cyrus and Darius KingS of Persia and of Babylon made such royall decrees for the re-edifying of the Temple at Jerusalem Ezra 1.7 c. 6.5 c. 8.9 and the Worshipping of the God of Daniel and his three
profoundnesse of knowledge Nazian Orat. 1. was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 termed Theologus the Divine saith that the fury of Julian that great Apostata was repressed onely with the tears of the Christians which many of them did most plentifully powre forth to God when they had no other remedy against their Persecutor Mark that they say It is unlawful to resist because they knew it unlawful for them to use any other means then sufferance or else they might having so much strength as they had have repelled their wrongs with violence Saint Ambrose saith as much and Prosper in like manner saith Ambros ep 33. The present evils should be suffered untill the promised happinesse doth come the Infidels should be permitted among the faithful and the plucking of the tares should be deferred and let the wicked rage against the godly as much as they will yet the case of the righteous is far better because that Quantò acriùs impetuntur tantò gloriosiùs coronantur Prosper in sent 99. by how much the more sharply they are tormented by so much the more gloriously they shall be crowned And Saint Bernard saith If all the world should conspire against me and conjure me that I should plot any thing against the royal Majesty yet I would fear God and would not dare to offend the King Bernard Ep. 170. that is appointed of him over me because I am not ignorant of the place where I read Whosoever resisteth the Power resisteth the Ordinance of God And yet he speaketh this of King Lodovicus that offered a monstrous wrong to all the Clergy when he robbed them and took away all their goods without cause and which is worse would hear of no perswasions to make restitution or to give them any satisfaction Gaguin lib 6. as Gaguinus testifieth Thus the Fathers whereof I could heap many more do testifie of this truth and the School-men tread in the same steps The School-men of the same judgement and differ not a nails breadth from them herein For Alexander Hales saith wicked and evill men ought to suffer for the fault of their irrationability and good men ought to suffer Propter debitum divinae ordinationis for the duty that they owe to the divine ordinance and the benefit of their own purgation Whereupon Saint Ambrose saith Ambrosius in Rom. 13. If the Prince be good he doth not punish the well-doer but loveth him because he doth well but if the Prince be evill and punisheth the well-doer he hurteth him not but purgeth him Alex. Hales p. 3. q. 48. memb 2. art 1. de offic subd erga Princ. and therefore he is not a terrour to him that doth well but the wicked ought to fear because Princes are appointed that they should punish evill Aquinas saith The faith of Christ is the beginning and the cause of righteousnesse and therefore by the faith of Christ the order of Justice is not taken away but rather setled and strengthened because as our Saviour saith It became him to fulfill all righteousnesse But the order of justice doth require that all inferiours should obey their superiours otherwise the estate of humane affairs could no ways be preserved Tham. secunda secundae q. 104. art 6. and therefore by the faith of Christ the godly and the faithful Christians are neither exempted nor excused but that they are tyed and bound by the Law of Christ to obey their secular Princes Where you see the Christian faith doth not submit the superiour to the inferiour contrary to the rule of justice neither doth it any wayes for any cause permit the power of the sword to any subject to be used against his Prince because this inordinate power would turn to the ruine of man-kind and the destruction of all humane affairs which can no otherwise be preserved but through the preservation of the order of justice Indeed many times there may happen some just causes Wherein we may disobey and how for which we are not bound to obey the commands of our Magistrates as when they command any thing contrary to the commandements of God and yet then there can be no cause why we should withstand him that executeth the unjust sentence of our condemnation or requireth the punishment that an unjust malitious Magistrate under the colour of his power and authority hath most unjustly laid upon us because he hath as our Saviour saith unto Pilate this ordinary power from God which if he doth abuse he is to be refrained not by the preparation of arms and the insurrection of his subjects to make impressions upon their Soveraign but by those lawful means which are appointed for them that is Petitions unto him and prayers and tears unto God for him because nothing else remaineth to him that is guilty or condemned as guilty for any fault but to commit his cause to the knowledge of the omnipotent God and to expect the judgement of him which is the King of Kings and the Judge of all Judges and will undoubtedly chastize and correct the iniquity of any unjust sentence with the severity of eternal justice Barcl l. 3. c. 10. as Barclay saith These testimonies are clear enough and yet to all these I will adde this one memorable example Berchetus in explicat controvers Galli cana cap. 7. which you may read in Berchetus and Joh. Servinus which tells us that in France after the great Massacre ut Paris when the reformed Religion did seem as it were forsaken and almost extinguished a certain King powerful in strength rich in wealth and terrible for his Ships and navall Force which was at enmity and hatred with the King of France dispatched a solemn Embassie and Message unto Henry King of Navarre and other Protestant Lords and commanded his Embassadors to do their best to set the Protestants against the Papists and to arm Henry the Prince of Navarre which then lived at Bearn under the Dominion of the most Christian King against his Soveraign the French King which thing the Embassadours endeavoured to do with all their art and skill An example of a faithful and excellent subject but all in vain for Henry being a good subject as it were another David to become a most excellent King would not prevent the day of his Lord yet the Embassadours offered him many ample fair and magnificent conditions among the rest abundance of money the summe of three hundred thousand Aureorum Scutatorum French Crowns which were ready to be told for the preparation of the warre and for the continuation of the same there should be paid every moneth so much as was necessary but Henry being a faithful Christian a good Prince a Widower and though he was displaced from the publique government of the Common-wealth and for his sake for the dislike the King bare towards him the King had banished many Protestants from his Country and had killed many faithful Pastours yet would not he
which never hoped for any glory in the Kingdome of Heaven but by suffering patiently in the Kingdom of the Earth and when they could did faithfully discharge the duties of their places and when they could not did willingly undergo the bitternesse of death and were alwayes faithfull both to their good God and their evil Kings to God rather by suffering Martyrdom then offend his Majesty and to their Kings not in committing that evil which they commanded but in suffering that punishment which they inflicted upon them 2. Not the Nobility or Peers Calvin Instit l. 4. c. 20. Sect. 31. Beza in confess c. 5. p. 171. Autor vindic q. 3 pag. â—03 Alchus de polit c. 14 pag. 142. 161. Danaeus de polit Christiana l. 6. c. 3. p. 413. 2. As no private men of what rank or condition soever they be so neither Magistratus populares the peoples Magistrates as some term them nor Junius Brutus his Optimates regni the prime Noble-men of the Kigdom nor Althusius his Ephori the Kings assistants in the government of the people nor his great Councel of Estate nor any other kind calling or degree of men may any wayes resist or at any time rebell for any cause or colour whatsoever against their lawful Kings and supreme Governours 1. Because they are not as Althusius doth most falsely suggest Magistratus summo Superiores but they are inferiours to the supreme and chief Magistrate otherwise how can he be Summus if he be not Supremus or how can Saint Peter call the King supereminent 1 Pet 2.13 if the inferiour Magistrates be superiour unto him and it is Reason 1 contra ordinem justitiae contrary to the rules of justice as I told you before out of Aquinas 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that the inferiours should rise up against their superiours which hath the rule and command over them The Inferiour should never rise against his Superiour Optat. de schis Donat. l. 3. p. 85 as the husband hath over the wife the father over the sonne the Lord over his servants and the King over his subjects and therefore Jezabel might truly say Had Zimri peace which slew his Master And I may as truly say of these men as Optatus saith of the Donatists when as none is above the King or the Emperour but onely God which made him Emperour while the inferiour Magistrates do extoll themselves above him they have now exceeded the bounds of men that they might esteem themselves as God Non verendo eum qui post Deum ab hominibus timebatur in not fearing him which men ought to fear next to God But the words of Saint Peter are plain enough 1 Pet. 2.15 Submit your selves unto every ordinance of man for the Lords sake whether it be unto the King as supreme or unto Governours as unto them that are sent by him for the punishment of evil doers and for the praise of them that do well Wherein you may see not onely the subordination which God hath placed betwixt the King and his Subjects but also that different station which is betwixt the Supreme and the inferiour powers for the words sent of him do most clearly conclude that the inferiour Magistrates have no power to command but by the vertue power and force which they receive from the supreme and that the inferiour Magistrates opposed to the supreme power are but as private men and therefore that as they are rulers of the people so being but instruments unto the King they are subjects unto him to be moved and ruled by him which is inferiour to none but God and their authority which they have received from him Inferiour Magistrates in respect of the king are but private men can have no power upon him or to manage the sword without him and especially against him upon any pretence whatsoever how then can any or all these Magistrates make a just war against their King when as none of them can make any just warre without him 2. Because as Bodinus saith most truly the best and greatest not onely Reason 2 of the inferiour Magistrates but also of all these Peers Nobles Counsellors or what you please to call them have neither honour power nor authority but what they have given them from him which is the King or supreme Magistrate as you see God made Moses the chief Governour and Moses made whom he pleased his Peers and his inferiour Magistrates and as they have all their power derived from him that is the chief so he that is the King or chief can draw it away from them that are his inferiours when he pleaseth and as he made them so he can unmake them when he will and none can unmake him but he that made him that is God himself and therefore David that was ex Optimatibus regni the greatest Peer in Israel being powerful in warre famous in peace the Kings Son-in-law and divinely destinated unto the Kingdome yet would he not lay his hand upon his King when he was delivered into his hands And this Buchanan cannot deny but confesseth that the Kings of the Jews were not to be punished or resisted by their subjects because that from the beginning they were not created by the people but given to them by God Buchanan's absurdity and therefore saith he jure optimo qui fuit honoris autor idem fuit poenarum exactor it is great reason that he which gives the honour should impose the punishment But for the Kings of Scotland Buchan de jure Regni apud Scotos they were saith Buchanan not given them of God but created by the people which gave them all the right that they can challenge Ideoque jus idem habere in reges Multitudinem quod illi in singulos è multitudine habent which is most false for Moses tells us that immediately after the deluge God the Creatour of all the world ordained the revenging sword of blood-shed and the slavish servitude of paternal derision wherein all the parts of civil jurisdiction and regal power are Synecdochically set down and Job saith that there is one God which looseneth the bond of Kings Job 12.18 and girdeth about their reines which must be understood of the Gentile-Kings because that in his time the Commong-wealth of Israel was not in being and God himself universally saith By me Kings do reign that is all Kings not onely of the Jews but also of the Gentiles and Christ doth positively affirm that the power of Pilate was given him from Heaven and Saint Paul saith There is no power but what is appointed of God And Tertullian saith Inde Imperator unde homo iude illi potestas unde spiritus he that made him a man made him Emperour and he that gave him his spirit gave him his power And Irenaeus saith God ordained earthly Kingdomes for the benefit of the Gentiles Et cujus jussu homines nascuntur That God is the ordainer of
whom he bestowes it and this made Shemaiah the man of God to warn Rehoboam not to fight against his brethren for as when God commanded Abraham to kill his sonne it was a laudable obedience and no murther to have done it and when he commanded the Israelites to rob the Aegyptians it was no breach of the eighth Commandement so this revolt of these Tribes if done in obedience unto God could be no offence against the Law of God but because they regarded not so much the fulfilling of Gods will as their not being eased of their grievances and the fear of the weight of Rehoboam's finger which moved them to this Rebellion I can no ways justifie their action and though God by this Rent did most justly revenge the sinne of Solomon and paid for the folly of Rehoboam yet this doth no wayes excuse them for this rebellion because they revolted not with any right aspect and therefore it is worth our observation that the consequences which attended this defection was a present falling away from the true God into Idolatry and not long after to be led into an endlesse Captivity Which is a fearful example to see how suddenly men do fall away from God and from their true religion after they have rebelled against their lawful King and how to avoid imaginary grievance they do often fall into a real bondage and so leap out of the Frying-pan into the fire And for the Edomites they were not Israelites that led their lives by the law of God neither can any man excuse the conspirators against Amazia from the transgression of the Law of God 6. For Vzziah that was taken with a grievous sicknesse so that he Example answered 6 could not be present at the publique affaires of the Kingdom I say that according to the law by reason of the contagion of his disease he was rightly removed from the Court and concourse of people and his sonne in the mean time placed in his fathers stead to administer and dispose the Common-wealth but he in all that while like a good sonne did neither affect the name nor assume the title of a King 7. For the deposing of Athalia I see nothing contrary to equity because Example answered 7 she was not the right Prince but an unjust Vsurper of the Crown and therefore Jehoida the chief Priest having gathered together the principal Peers of the Kingdome and the Centurions and the rest of the people shewed them the Kings sonne whom for six yeares space he had preserved alive from the rage and fury of Athalia which had slain all the rest of the Kings seed and when they saw him they did all acknowledge him for the Kings sonne they crowned him King and he being crowned they joyfully cryed God save the King and then by the authority of the new crowned King that was the right heir unto the Kingdom they put to death the cruel Queen that had so tyrannically slain the Kings children and so unjustly usurped the Crown all that while And therefore to alledge this example so justly done to justifie an insurrection contrary to justice doth carry but a little shew of reason And I say the like of the Macchabees and Antiochus that neither he nor any other Macedonian Tyrant had any right over them but they were unjust Vsurpers that held the Jewes under them in ore gladii with the edge of their swords and were not their lawful Kings whom they ought to obey and therefore no reason but that they might justly free themselves with their swords that were kept in bondage by no other right then the strength of the sword Example answered 8 8. For the example of Thrasibulus Juniuâ— Brutus and other Romans or whosoever that for their faults have deposed their Kings I answer with Saint Augustine Examples not to be imitated that Exempla paucorum non sunt trahenda in legem universorum we have no warrant to imitate these examples for though these things were done yet we say they were done by Heathens that knew not God and unjustly done contrary to the law of God and therefore with no blessing from God with no good successe unto themselves and with lesse happinesse unto others but it happened to them as to all others that do the like to expell a mischief and to admit a greater as besides what I have shewed you before this one most memorable example out of our own Histories doth make it plain The ill successâ— of resisting our superiours In the time of Richard the second the Nobility and Gentry murmured much against his government in brief they deposed him and set the Crown upon the head of the Duke of Lancaster whom they created King Henry the fourth The good Bishop of Carlile made a bold and excellent Speech to prove that they could not by any law of God or man depose and dispossesse their lawful King or if they deposed him that they had no right to make the Duke of Lancaster to succeed him but he good man for his pains was served as Saint Paul and others were many times for speaking the truth committed to prison and there was an end of him but not an end of the story for the many battels and blood-shed the miseries and mischiefs that this one unjust and unfaithful act produced had never any period never an end till that well nigh a hundred thousand English men were slain in civil warres whereof two were Kings one Prince ten Dukes two Marquesses 21. Trussel in his supplement to Daniel's History Earles 27. Lords two Viscounts one Lord Prior one Judge 139. Knights 421. Esquires and Gentlemen of great and ancient Families a farre greater number a just revenge for an unjust extrusion of their lawful King whose greatest misery came from his great mildnesse And therefore these things being well weighed in the ballance of the Sanctuary All the pressures that we have suffered since the first year of our king are not comparable to the miseries that one years civil warre hath brought upon us in the scales of true wisdom it had been better for them as it will be for us and all others patiently to suffer the crosse that shall be laid upon us untill that by our prayers we can prevail with God that for our sinnes hath sent it in mercy to remove it then for our selves to pluck our necks out of the coller and in a froward disobedience to pull the house as Sampson did upon our own heads and like impatient fishes to leap out of the Frying-pan into the fire from hard usage that we impatiently conceived to most base cruel bondage that we have deservedly merited or at the best to bring many men to many miseries before we can attain unto any happinesse and so as the Poet saith in this very case among the Romans when for their liberty and priviledges as they termed it in Pompey's time Excessit medicina modum The remedy that they procured hath proved
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
the exaction of our goods or the vexation of our bodies and in these kinds of injuries Brentius in respon ad artic rusticorum the subject ought rather then in the former to be obedient to his Magistrate for if he steps forth to arms God hath pronounced of such men He that smiteth with the sword shall perish with the sword Cranmer Arch Bishop of Canterbury together with the rest of the Bishops and most famous Divines of this Kingdom saith If Princes shall do any thing contrary to their duties God hath not appointed any superiour Judge over them in this world but they are to render their account to God which hath reserved their judgement to himself alone and therefore it is not lawful for any subjects Cranmer in lib. de Châ—istiani hominis institutis how wicked soever their Princes shall be to take arms or raise sedition against them but they are to powre forth their prayers to God in whose hand Kings hearts are that he would inlighten them with his spirit whereby they might rightly to the glory of God use that sword which he hath delivered unto them Gulielmus Tindal a godly Martyr of Christ when Cardinal Lanio's sonne did lead the Lambs of Christ by troops unto the slaughter doth then describe the duty of subjects according to the strait rule of the Gospel saying David spared Saul and if he had killed him he had sinned against God for in every Kingdom the King which hath no superiour judgeth of all things and therefore he that indeavoureth or intendeth any mischief or calamity against the Prince that is a Tyrant or a Persecutor or whosoever with a froward hand doth but touch the Lords annointed he is a rebel against God and resisteth the ordinance of God as often as a private man sinneth he is held obnoxious to his King that can punish him for his offence but when the King offendeth he ought to be reserved to the divine examination and vengeance of God Tindal l. de Christiani hominis obedient and as it is not lawful upon any pretence to resist the King so it is not lawful to rise up against the Kings Officer or Magistrate that is sent by the King for the execution of those things which are commanded by the King for as our Saviour saith He that heareth you heareth me and he that despiseth you despiseth me and he that despiseth me despiseth him that sent me And as he saith unto Saul when he persecuted the servants of Christ Saul Acts 9.4 Saul why persecutest thou me when as he was then in Heaven farre above the reach of Saul yet because there is such a mystical union betwixt Christ and his Church the head and members as is betwixt man and wife no man can be said to injure the one but he must wrong the other so whosoever resisteth the Kings Lievtenant Deputy or any other Magistrate or Officer that he sendeth with Commission to execute his commands resisteth the King himself and all the indignities that are offered to the Kings Embassadour or servant that he thus sendeth are deemed as indignities offered to the King himself as we see the base usage of David's servants by King Hanun 2 Sam 10. David revenged as an abuse offered unto himself because the Kings person cannot be in all places where justice and judgement and many other offices and actions are necessarily to be done throughout the latitude of his Dominions but his power and his authority Whatsoever is done to any Messenger is deemed as done to him that sent him deputed to those his servants and officers that he sendeth are as the lively representatives of the King in every part of his Kingdome and whatsoever favour payment neglect or abuse is shewed unto any of them the same in all Nations is accounted and therefore punished or rewarded as a service done unto the King himself as our Saviour when but the Tole gatherer came for the Tribute-mony saith Give unto Caesar what belongeth unto Caesar And therefore it is but an idle simple most foolish and frivolous distinction of men to deceive children and fools to say They love and honour their King and they fight not against their King but against such and such whom notwithstanding they know to be the Kings chiefest officers and to be sent with the Kings Power Commission and Authority to do those things that they do This is such a foppery that I know not what to say to undeceive those that are so desirous to be deceived when the Devill * Saint Paul saith God sâ—ndeth them strong delusions 2 Thess 2.11 But what God sendeth justly as the punisher of their sin the Devil sendeth maliciously as the guider of them to Hell Ba nesius in Tract de humanis Constitut which knoweth how near their destruction hangeth over their heads sends them strong delusions that they should so easily and so sillily believe su h palpable lyes as to make them think they love him dearly whom they murder most barbarously Barnesius a very godly and learned man treating of the same Argument saith in a manner the same thing That the servants of Christ rather then either commit any evil or resist any Magistrate ought patiently to suffer the losse of their goods and the tearing of their members nay the Christian after the example of his Master Christ ought to suffer the bitterest death for truth and righteousnesse sake and therefore saith he whosoever shall rebell under pretence of Religion aeternae damnationis reus erit he shall be found guilty of eternall damnation Master Dod upon the Commandements Master Dod saith that where the Prince commandeth a lawful act the subjects must obey and if he injoynes unlawful commands we must not rebell but we must be content to bear any punishment that shall be laid upon us even unto death it self and we should suffer our punishment without grudging even in heart and this he presseth by the example of the Three Children and of Daniel that was a mighty man and of very great power in Babylon yet never went about to gather any power against his King though it were in his own defence Master Byfield upon 1 Pet. 2.13 Master Byfield expounding the words of Saint Peter 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as to the Supreme saith This should confirm every good subject to acknowledge and maintain the Kings Supremacy and willingly to bind himself thereto by oath for the Oath of Supremacy is the bond of this subjection and this oath men must take without equivocation mentall evasion or secret reservation yea it should bind in them the same resolution that was in Saint Bernard who saith If all the world should conspire against me to make me complot any thing against the Kings Majesty yet I would fear God and not dare to offend the King ordained of God Serenissimus Rex Jacobus de vera lege liberae Monarchiae I might fill a Volume if I
truth of this Doctrine do in all their Votes and Declarations conclude and protest and I must believe them that all the leavies moneys and other provision of horse and men that they raise and arm are for the safety of the Kings person and for the maintenance of his Crown and Dignity Nay more then this the very Rebels in this our Kingdom of Ireland knowing how odious it is before God and man for subjects to rebell and take armes against their lawful King do protest if you will believe them that they are the Kings souldiers and do fight and suffer for their King and in defence of his Prerogatives But you know the old saying Tuta frequensque via est per amici fallere nomen The Devil deceiveth us soonest when he comes like an Angel of light and you shall ever know the true subjects best by their actions farre better then by their Votes Declarations or Protestations for Quid audiam verba cum videam contraria facta When men do come in sheeps cloathing and inwardly are ravening wolves when they come with honey in their mouths and gall in their hearts and like Joab with peace in their tongue and a sword in their hand a petition to intreat and a weapon to compell I am told by my Saviour that I shall know them by their works not their words And therefore as our Saviour saith Not he that saith Lord Lord shall enter into the Kingdome of Heaven but he that doth the will of my Father which is in Heaven So I say not he that cryeth peace peace is the son of peace but he that doth obey his Prince and doth most willingly whatsoever he commandeth or suffereth most patiently for refusing to do what he commandeth amisse This is the true subject Well to draw towards the end of this point That is when the Commonalty guide the Nobility and the Subjects rule their King of our obedience to our Soveraign Governour I desire you to remember a double story The one of Plutarch which tells us how the tayle of the Serpent rebelled against the head because that did guide the whole body and drew the tayle after it whithersoever it would therefore the head yielded that the tayle should rule and then it being small and wanting eyes drew the whole body head and all through such narrow crevises clefts and thickets that it soon brought the Serpent to confusion The other is of Titus Livius Titus Livius Decad. 1. l. 2â— who tells us that when the people of Rome made a factious combination to rebell against their Governours Menenius Agrippa went unto them and said that on a time all the members conspired against the stomack and alledged that she devoured with ease and pleasure what they had purchased with great labour and pain therefore the feet would walk no more the hands would work no more the tongue would plead no more for it and so within a while the long fast of the stomack made weak knees feeble hands dimme eyes a faltering tongue and a heavie heart and then presently seeing their former folly they were glad to be reconciled to the Stomack again and this reconciled the people unto their Governours I need not make any other application but to wish and to advise us all with the people of Rome to submit our selves unto our Heads that are our Governours lest if we be guided by the tayle we shall bring our selves with the Serpent unto destruction And to remember that excellent speech of S. Basil The people through ambition are fallen into grievous Anarchie whence it happeneth that all the exhortations of their rulers do no good no man hath any list to obey but every man would reign being swelled up with pride that springeth out of his ignorance And a little after he saith Basilius de Spiritu Sancto c. ult scii 30. An argument of obedience drawn from the fifth Commandement that some sit no lesse implacable and bitter examiners of things amisse then unjust and malevolent Judges of things well done so that we are more brutish then the very beasts because they are quiet among themselves but we wage cruel and bloody warres against each other And let us never forget that the Lord saith Honour thy father and thy mother and I must tell you that by father in this precept you must not onely understand your natural father but also the King who is your political father and the father of all his subjects and the Priest your spiritual father 1 Chron. 2.24 and those likewise that in loco patris do breed and bring you up and though natural affection produceth more love and honour unto those fathers that begat us yet reason and religion oblige us more unto the King that is the common father of all and to the Priest that begat us unto Christ then unto him that begat us into the world for that without our new birth which is ordinarily done by the office of the Priest we were no Christians What we are and should be without King or Priest and as good unborn as unchristened that is unregenerated and without the King that is Custos utriusque tabulae the preserver both of the publick justice and of the pure religion our fathers can neither bring us up in peace nor teach us in the faith of Christ and therefore if my father should plot any treason against the King or prove a Rebel against him I am bound in all duty and conscience to preferre the publick before the private and if I cannot otherwise avert the same to reveal the plot to preserve the King though it were to the losse of my father's life and therefore certainly they that curse that is speak evil of their King are cursed and they that rebel against him shall never have their dayes long in the land but shall through their own rebellion be soon cut off from the land of the living Whether for the liberty of Subjects we can be warranted to rebell In the discourse of the differences betwixt King and Parliament For mine own part I have often admired why the subjects of King CHARLES should raise any civil warre and especially turn their spleen against him If any say it is for their liberties I answer that I am confident His Majesty never thought to bring any the meanest of his subjects into bondage nor by an arbitrary government to reduce them into the like condition as the Peasants of France or the Boores of Germany or the Pickroes of Spain are as some do most falsely suggest but that they should continue as they have been in the dayes of his Father of blessed memory and of all other his most noble Progenitors the freest subjects under Heaven And I hope they desire not to be such Libertines as those in the Primitive Church The Libertines of the Primitive Church what they thought who because Christian liberty freed us from all Jewish Ceremonies and all typical
Because the malice of men bewitcheth them and hath no end till it makes an end of its hated foe therefore those men that hated and maligned the Earl like the Jews that because their tongues could make no reply to the just defence of the holy Martyr gnashed upon him with their teeth and stopping their ears Acts 7.51 ran upon him with one accord all at once because they had no Law nor learning to make those Articles Treason they say with the Poet Hac non successit aliâ aggrediemur viâ Seeing we failed herein we will attempt another way And to that end they frame a Bill of Attainder against him and this if it passe by the major part of both Houses and have the Royal assent will bring him to his just deserved death And herein I will not say they shewed themselves worse than the Jews because that when their malice was at the highest pitch against Christ they said We have a Law and by our Law he ought to die and these haters of the Earl seeing they had no Law will have a Law to be made that shall bring him unto his death because the House might have reasons which my sense cannot conceive Yet some of his friends have said that after a former prosecution according to Law to make a new Law where there was none before to take away a mans life is almost as bad as the Romancy-Law that I read of The rubs of the Bill how taken away to hang him first and then judge him afterward to which I assent not and not many lesse than 60. worthy Members of the House of Commons would never yield to passe that Bill and it had a greater rub among the Lords where it is thought not upon any slight conjectures it had never passed but that this rub must be taken away by a new device for that the Faction judging some of them might be more timorous than malicious and remembring that primus in orbe deos fecit timor Fear is a powerful passion that produceth many strange effects the Apprentices and Porters Water-men and Car-men and all the rascal rout of the ragged Regiment were gathered together by some Chedorlaomer and came as they did against Christ with swords and staves without order with great impudency to awe them and to cry for Justice against him and this was done and done again and again until the business that they came for was done A course not prevented that may undo all Justice and bring us all to be undone And yet all this will not do this deed until the King passeth His assent for as yet the new Law of Orders and Ordinances without the King The Kings great pains to search out the truth was not hatched And the good King having so graciously so indefatigably taken such care and such pains in his own Person every day to hear and see all that could be laid unto his charge and how he had answered each particular was so just and of such tender and religious conscience that he was not satisfied as men conceived with the weight of those reasons that were produced to passe the same Therefore here I find another Stratagem used such as Hannibal could not invent to effect this hard task What To perswade mildness to become severe or to cause a just and most clement Prince so full of mercy so proue to pardon where there is a fault and so loth to punish but where he must by the Law of Justice the greatest fault to yield to put him to death that was in many things so excellent in his life The task was to procure his assent to passe this Bill and how shall this be done As the Man of God could not be perswaded by any man but by a Man of God a Prophet by a Prophet so now the Bishops that were good men men of conscience and set apart by God to resolve and satisfie weak and tender consciences are thought fit to be sent unto this good King to perswade him as men supposed that to prevent a greater mischief he might justly passe this Bill and either 6. or 4. of the prime Prelates are requested by the Lords to go unto the King to assay how far they can prevail with him herein And so they went and how they dealt with His Majesty I do not fully understand but am informed by some that went that they assured Him he ought to satisfie himself in point of Law by his Judges and of State by his Council And how they did any otherwise in any other thing rectifie his Conscience in point of Divinity which belonged unto themselves I cannot tell But though I think no man can justly lay the least tittle of blame upon the just King no not the Earl himself as himself professed for yielding to such and so earnest perswasions of I know not how many reverend Bishops wise Counsellours grave Judges and the flower of all his people to passe that Bill whatsoever it was The Bishops right to vote in any cause Yet to say what I conceive with their favour of my Brethren the Bishops in the prosecution of this cause I am perswaded that they had no reason to withdraw themselves from the House and to desert their own Right when the Bill or the Judgement was to passe against the Earl upon this slight pretence alledged against them by the haters of the Earl and no lovers of the Bishops That a Clergy-man ought not to have any Vote or to be present at the handling of the cause of blood or death for they might know full well when my Lords grace of York did most cleerly manifest this truth that the first inhibition of the Clergy to be present and assistant in causa sanguinis or judicio mortis in the Canon of Innocent the third as I remember for I am driven to fly without my Books was most unjust only to tie the Bishops to his blind obedience to the apparent prejudice of all Christian Princes by denying this their service unto them and it is no wayes obligatory to bind us that are by the Laws of our Land not only freed but also injoyned to abandon all the unjust Canons that are repugnant to our Laws and derogatory to our Kings and to renounce all the usurped authority of the Pope For I would fain know what Scripture or what reason Pope Innocent can alleadge to exclude them from doing that good service both to God and their King which in all reason they can or should be better able to do than most others And I am sure that neither in the old nor in the new Testament nor yet in the Primitive Church until these subtile Popes began thus to incroach upon the Rights of Princes to take away the Prerogatives of Kings and to domineer over the consciences of men this exclusion of them from the highest act of Justice was never found For The Prophets and Apostles judged in the case of life
Champions to enlarge his Kingdom would fain have our Souls to remain among Lions and all the means or defence to be taken from us our enemies to be our Judges and our selves to be murdered with our own weapons In the time of Popery there were many Laws de immunitate Clericorum whereby we were so protected that the greatest Prince could not oppress us as you may find in the Reign of King John and almost in all our Histories and when we renounced the Pope God made Kings our nursing Fathers and Queens our nursing Mothers and we putting our selves under their protection have been hitherto most graciously protected but now by this Act we are left naked of all defence and set under the very sword of our Adversaries and as the Psalmist saith They that hated us are made Lords over us to call us to assess us to undo us 3. Debarred of that right that none else are 3. Hereby they are made more slavish than the meanest Subject and deprived of that benefit and priviledge which the poorest Shoomaker Tailer or any other Tradesman or yeoman hath most justly left unto him for to be excluded debarred and altogether made uncapable of any benefit is such an insupportable burden that it is set upon no mans shoulders but upon the Clergy alone as if they alone were either unworthy to receive or unable to do any good 4. Made more contemptible than all others 4. Hereby they are made the unparalleled spectacle of all neglect and scorn to all forraign people for I can hardly believe the like Precedent can be shewed in any Age or any other Nation of the World no not among the very Infidels or Indians for in former times the Bishops and Clergy-men were thought the fittest instruments to be imployed in the best places of greatest truth and highest importance in the Common-Wealth and Kings made them their Embassadours as the Emperour Valentinian did Saint Ambrose And our own Chronicles relate how former times respected the Clergy and how our Kings made them both their Counsellours and their Treasurers Chancellours Keepers of the Great Seal and the like Officers of the chiefest concernment as Ethelbert in the year of Christ 605. Vt refert in tractatu suo de Episcopatu p. 61 62. M. Theyer Sir Henry Spelman p. 118. Idem p. 403. Idem p. 219. saith I Ethelbert King of Kent with the consent of the Reverend Arch Bishop Augustine and of my Princes do give and grant c. And the said Ethelbert with the Queen and his Son Eadbald and the most Reverend Prelate Augustine and with the rest of the Nobility of the Land solemnly kept his Christmass at Canterbury and there assembled a Common Councel tam cleri quà m populi as well of the Clergy as of the People And King Adelstan saith I Adelstan the King do signify unto all the Officers in my Kingdom that by the advice of Wolfelm my Arch-Bishop and of all my Bishops c. In the great Councel of King Ina An. 712. The Edicts were Enacted by the Common Councel and consent omnium Episcoporum Principum Procorum Câ—mitum omnium sapientum seniorum populorum totius regni per praeceptum regis Inae And in the second Charter of King Edward the Confessour How former times respected the Clergy granted to the Church of Saint Peter in Westminster it is said to be Cum concilio decreto Archiepiscoporum Episcoporum Comitum aliorumque suorum Optimatum With the Counsel and Decree of the Arch-Bishops Bishops Earls and other Potentates And so not only the Saxon Kings but the Norman also ever since the Conquest had the Bishops in the like or greater esteem that they never held Parliament or Councel without them And surely these Princes were no Babes that made this choice of them neither was the Common-Wealth neglected nor justice prejudiced by these Governours And whosoever shall read Mores gentium or the pilgrimage of Master Purchas Livy Plutarch Appian and the rest of the Greek and Latin Histories I dare assure him he shall find greater honour given and far less contempt cast upon the Priests and Flamins the Prophets of the Sybils than we find of this Faction left to the Servants of the Living God who are now dâ—it withall worse than Pharaoh dealt with the Israelites that took away their straw and yet required their full tale of Bricks For these men would rob us of all our means and take away all our Lands and all our Rights and yet require not only the full tale of Sermons and Services as was used by our Predecessours but to double our files to multiply our pains How the Clergy are now used and to treble the Sermons and Services that they used to have of our forefathers more than ever was done in any Age since the first Plantation of the Gospel And when we have done with John Baptist the utmost of our endeavours like a shining and a burning lamp that doth waste and consume it self to nothing while it giveth light to others they only deal with us as Carriers use to do with their pack-horses hang bels at their ears to make a melodious noise but with little provender lay heavy loads upon their backs and when they can bear no more burdens take away their Bells withdraw their praises call them Jades exclaim against their laziness and then at last turn them out to feed upon the Commons and to die in a ditch And thus we have now made the Ministers of Christ to be the Emblems of all misery and in pretending to make them more glorious in the sight of God we have made them most base in the eyes of all men And therefore the consequence of this Act is like to prove most lamentable when the people considering how that hereby we are left naked of all comfort and subject to all kind of scorn and distresse and how that this being effected is but the Praeludium of a far greater mischief they will rather with no great cost make their children of some good Trade and their children will chuse so to be than with such great cost and more care and yet little hope to bring them up to worse condition than the meanest of all Trades or the lowest degree of all rusticks When as they can challenge and it shall not be denied them to have the priviledges of the Law The Clergy alone are deprived of Magna Charta and a property in their goods which without their own consent yielded in their persons or their representours cannot be taken from them And the Clergy only of all the people in this Kingdom shall be deprived of the right and benefit of our great Charter which so many famous Kings and pious Princes have confirmed unto us and when we have laboured all the dayes of our lives with great pains and more diligence to instruct our people and to attain to some competency of means to maintain
contrary to the practice of all former Parliaments and contrary to the Honour of any Parliament things were herein debated and carried not by strength of argument but by the most voices and the greater number were so far from understanding the validity of the alleadged Reasons that after the Votes passed they scarce conceived the state of the Question but thought it enough to be Clerks to Master Pym and to say Amen to Master Hampden by an implicite faith 3. When they deny the Members of their House or any other imployed by them in this horrid Rebellion should be questioned for Felony Treason 3. Denying their Members to be legally tried for any capital Crime Vide Dyer p. 59. 60. Crompton 8. b. 9 10 11. Elism post-nati 20 21. The viewer p. 43. Murder or the like capital Crimes but only in Parliament or at least by the leave of that House whereof they are Members or which doth imploy them for by this means any Member of their House may be a Traitor or a Murderer or a Robber whensoever he please and may easily escape before the party wronged or complainant can obtain this leave of the House of Commons and therefore this is as unreasonable and as sensless a Priviledge as ever was challenged and was never heard of till this Parliament For why should any man refuse his Tryal or the House deny their Members to the justice of the Law when as the deniall of them to be tryed by the Law implyeth a doubt in us of the innocency of those whom we will not submit to justice and their Tryal would make them live gloriously hereafter if they were found innocent and move the King to deliver those men that had so wickedly conspired their destruction to the like censure of the Law But for them to cry out The King is mis-informed and we dare not trust our selves upon a Tryal may be a way to preserve their safety but with the losse of their reputation and perhaps the destruction of many thousands of people If they say They are contented to be tried but by their own House which in the time of Parliament is the highest Court of justice It may be answered said a plain Rustick with the old Proverb Ask my fellow if I be a Thief For mine own part I reverence the justice of a Parliament in all other judgements betwixt party and party yea betwixt the King and any other Subject yet when the party accused shall be judged by his own Society his Brethren and his own Faction I believe any indifferent Judge would see this to be too great partiality against the King that he shall not have those whom he accuseth to be tried by the Laws already established and the ordinary course of Justice and if the Judges offend in their Sentence the Parliament hath full power undenied them by his Majesty to question and to punish those Judges as they did for that too palpable in justice as they conceived in the case of the Ship money but they will be judged by themselves and all that dissent from them must be at their mercy or destruction And yet it is said to be evident That no Priviledge can have its ground or commencement unlesse it be by Statute Grant or Prescription And by the Stat. 26. Hen. 8. cap. 13. it is enacted That no offender in any kind of high Treason shall have the priviledge of any manner of Sanctuary So all the Grants of such a priviledge if any such should be made are meerly void 1 Hen. 7. Staffords case and not one Instance could hitherto be produced whereby such a Priviledge was either allowed or claimed but the contrary most clearly proved by his Majesty out of Wentworths case And therefore seeing your own Law-books tell us That the Priviledge of Parliament doth not extend to Treason the breach of the Peace and as some think against the Kings debt it is apparent how grossely they do abuse the People by this claim of the Priviledge of Parliament 4. 4. Conniving with their Faction for any fault When they connive with their own compeers for any breach of priviledge as with Master Whitakers for searching Master Hampdens pockets and taking away his papers immediately after the abrupt breaking up of the last unhappy Parliament and those that discovered the names of them that differed in opinion from the rest of the Faction in the business of the Earl of Straffords and specially with that rabble of Brownists and Anabaptists which with unheard-of impudency durst ask that question publickly at the Bar Who they were that opposed the well-affected party in that House as if they meant to be eeven with them whosoever they were And likewise that unruly multitude of zealous Sectaries that were sent as I find it by Captain Ven and Isaac Pennington to cry Justice Justice Justice and No Bishops no Bishops and this to terrifie some of the Lords from the House and to awe the rest that should remain in the House as they had formerly done in the case of the Earl of Strafford and when others that they like not are for the least breach of pretended Priviledge either imprisoned or expelled for I assure my self there cannot be higher breaches of Priviledges than these be nor greater stains to obscure the Honour and vilifie the repute of this Parliament 5. The ingaging one another in civil causes 5. When there is such siding and ingaging one another in civil causes that they may be conglutinated together for their great Design to do things not according unto Justice but for their own ends contrary to all right and their favour is scarce worth the charge of attendance to them that speed best by their Ordinances but the complaint is that m n have the greatest injuries done them in this that themselves call the highest Court of Justice which others say hath now justified all other inferiour Courts and made all unrighteous Judges most just 6. The surreptitious carrying of businesses 6. When as we have been informed a matter of the greatest importance hath been debated and put unto the question and upon the question determined and the Bill once and again rejected yet at another time even the third time when the Faction had prepared the House for their own purpose and knew they could carry it by most voices the same question hath been resumed and determined quite contrary to the former determination when the House was more orderly convened as it is said they did to passe the Ordinance for the Militia which many men dare avouch to their faces to be no Priviledge of Parliament but a great abuse of their fellow-Members and a greater injury unto all their fellow-Subjects 7. Their partiall questioning of some men and no questioning of some others 7. When the elections of some of their Members have been questioned and others have been accused for no lesse than capital Crimes as Master Griffith was yet if these men
You to be wrested out of Your hand by these uncircumcised Philistines these ungracious Rebels and the Vessels of God's wrath 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unlesse they do most speedily repent for if the unrighteous will be unrighteous still and our wickednesse provoke God to bring our Land to Desolation Your Majesty standing in the truth and for the right for the honour of God and the Church of his Son is absolved from all blame and all the bloud that shall be spilt and the oppressions insolencies and abhominations that are perpetrated shall be required at the hands and revenged upon the heads of these detested Rebels You are and ought in the truth of cases of conscience to be informed by Your Divines and I am confident that herein they will all subscribe that God will undoubtedly assist You and arise in his good time to maintain his own cause and by this war that is so undutifully so unjustly made against Your Majesty so Giant-like fought against Heaven to overthrow the true Church You shall be glorious like King David that was a man of War whose dear son raised a dangerous rebellion against him and in whose reign so much bloud was spilt and yet notwithstanding these distempers in his Dominion he was a man according to God's own heart especially because that from α to ω * As in the beginning by reducing the Ark from the Philistins throughout the midst by setling the service of the Tabernacle in the ending by his resolution to build leaving such a treasure for the erecting of the Temple the beginning of his reign to the end of his life his chiefest endeavour was to promote the service and protect the servants of the Tabernacle the Ministers of God's Church God Almighty so continue Your Majesty bless You and protect You in all Your wayes Your vertuous pious Queen and all Your royal Progeny Which is the dayly prayer of The most faithful to Your Majesty GRYFFITH OSSORY THE RIGHTS OF KINGS Both in CHURCH STATE And The Wickednesses of this Pretended PARLIAMENT Manifested and Proved CHAP. I. Sheweth who are the fittest to set down the Rights which God granted unto Kings what causeth men to rebell the parts considerable in S. Peter's words 1 Pet. ii 17. in fine How Kings honoured the Clergie the fair but most false pretences of the refractary Faction what they chiefly aime at and their malice to Episcopacie and Royaltie IT was not unwisely said by Ocham that great Scholeman to a great Emperour which M. Luther said also to the Duke of Saxonie Tu protege me gladio Guliel Ocham Ludov. 4. ego defendam te calamo do you defend me with your Sword and I will maintain your Right with my Pen for God hath committed the Sword into the hand of the King and His hand which beareth not the Sword in vain Rom. 13. v. 4 knoweth how to use the Sword better than the Preacher and the King may better make good His Rights by the Sword then by the Pen which having once blotted His papers with mistakes and concessions more then due though they should be never so small if granted further than the truth would permit as I fear some have done in some particulars yet they cannot so easily be scraped away by the sharpest sword and God ordered the divine tongue and learned Scribe to be the pens of a ready Writer and thereby to display the duties and to justifie the Rights of Kings and if they fail in either part The Divine best to set down the Rights of kings the King needeth neither to performe what undue Offices they impose upon him nor to let pass those just honours they omit to yield unto him but he may justly claime his due Rights and either retain them or regain them by his Sword which the Scribe either wilfully omitted or ignorantly neglected to ascribe unto him or else maliciously endeavoured as the most impudent and rebellious Sectaries of our time have most virulently done to abstract them from him And seeing the Crown is set upon the head of every Christian King and the Scepter of Government is put into his hand by a threefold Law 1. Of Nature that is common to all 2. Of the Nation that he ruleth over 3. Of God that is over all As Every Christian king established by a threefold Law Psal 119. 1. Nature teaching every King to governe his People according to the common rules of honesty and justice 2. The politique constitution of every several State and particular Kingdom shewing how they would have their government to be administred 3. The Law of God which is an undefiled Law and doth infallibly set down what duties are to be performed and what Rights are to be yielded to every King To what end the stories of the kings of Israel and Judah were written Rom. 15.4 for whatsoever things are written of the Kings of Israel and Judah in the holy Scriptures are not onely written for those Kings and the Government of that one Nation but as the Apostle saith They are written for our learning that all Kings and Princes might know thereby how to govern and all Subjects might in like manner by this impartial and most perfect rule understand how to behave themselves in all obedience and loyalty towards their Kings and Governours for he that made man knew he had been better unmade than left without a Government therefore as he ordained those Laws whereby we should live and set down those truths that we should beleive so he settled The ordination of our government as beneficial as our creation and ordained that Government whereby all men in all Nations should be guided and governed as knowing full well that we neither would or could do any of these things right unless he himselfe did set down the same for us therefore though the frowardness of our Nature will neither yield to live according to that Law nor beleive according to that rule nor be governed according to that divine Ordinance which God hath prescribed for us in his Word yet it is most certain that he left us not without a perfect rule and direction for each one of these our faith our life and our government without which government we could neither enjoy the benefits of our life nor scarce reap the fruits of our faith and because it were as good to leave us without Rules Unwritten things most uncertain and without Laws as to live by unwritten Laws which in the vastness of this world would be soon altered corrupted and obliterated therefore God hath written down all these things in the holy Scriptures which though they were delivered to the People of the Jews for the government both of their Church and Kingdom yet were they left with them to be communicated for the use and benefit of all other Nations God being not the God of the Jews onely Rom. 3 29. but of the Gentiles also
because the Scripture in all morall and perpetual precepts that are not meerly judicialia Judaica or secundae classis which the Royal Government was not because this was ordained from the beginning of the world to be observed among all Nations and to be continued to the end of the world nor the types and shadows that were to vanish when the true substance approached was left as a perfect patern and platforme for all Kings and People Pastours and Flocks Churches and Kingdoms throughout the whole world to be directed how to live to govern and to be governed thereby Such was the love and care of God for the Government of them that love and care as little to be governed by his government And therefore the dim and dusky light of bleare-ey'd Nature Every Government the better by how much nearer it is to the Government of the Scripture kings and the dark distracted inventions of the subtillest politicks must stoop and yield place in all things wherein they swerve from that strict rule of justice and the right order of government which is expressed necessarily to be observed in the holy Scripture either of the Kings part towards his People or of the Peoples duty towards their King And though each one of these faculties or the understanding of each one of these three Laws requireth more than the whole man our life being too short to make us perfect in any one yet seeing that of all three the Law of God is abyssus magna like the bottomless sea and the supreme Lady to whom all other Laws and Sciences are but as Penelopes handmaids to attend her service the Divine may far better and much sooner understand what is naturall right and what ought to be a just nationall Law and thereby what is the Right of Kings The Divine is better able to understand Law then the Lawyer to understand Divinity Psal 1.2 and what the duty of Subjects than any either Philosopher or Lawyer can finde the same by any other art especially to understand the same so fully by the Law of God as the Divine that exerciseth himselfe therein day and night may do it unless you think as our Enthusiasts dream that every illiterate Tradesman or at least a Lawyers Latine I speak of the generality when I know many of them of much worth in all learning may easily wade with the reading of our English Bibles into the depth of all Divinty and that the greatest Doctour that spent all his days in studies can hardly understand the mysteries of these Camelion-like Laws which may change sense as often as the Case shall be changed either by the subtlety of the Pleader or the ignorance or corruption of the Judges But we know their deepest Laws discreetest Statutes and subtillest Cases cannot exceed the reach of sound reason and therefore no Reason can be shewed but that a rational man meanly understanding Languages may sooner understand them and with less danger mistake them than that Law which as the Psalmist saith is exceeding broad and exceedeth all humane sense Psal 119.96 1 Cor. 2.14 and the most exquisite natural understanding when as the Apostle saith The natural man receiveth not the things of the Spirit of God for they are foolishness unto him neither can he know them because they are spiritually discerned and being not discerned or misunderstood they make all such mistakers liable to no small punishment if God should be extreme to marke what is done amiss and this not understanding of God's Law is the errour of other Laws and the cause of much mischief for if men understood not the Law of God What causeth many men to rebell The Scriptures say more for the right of kings then any book in the world Downing in his discourse of the Ecclesiasticall State p. 91. or would beleive us that do understand it I assure my self many of the Rebels such as rebell not out of pride disobedience or discontent are so conscientious that they would not so rebell as they do being seduced through their ignorance by the subtletie of the most crafty children of disobedience And therefore letting the usuall impatience of the furious fire-brands of sedition and the malicious incendiaries of Rebellion together with those treaecherous Judasses that insensibly lurke in the King's Court and are more dangerous both to the Church and State than those open Rebels that are in the Parliament House to lay on me what reproach they please as some of them being galled and now gone have already done Ego in bona conscientia teneo quisquis volens detrahit famae meae nolens addit mercedi meae August I shall beleive it in a good conscience that whosoever shall wittingly detract from my repute and unjustly load me with undue disgrace shall unwillingly add to my reward neither shall I ever think Plus ponderis esse in alieno convicio Ambrose quà m in testimonio meo that there is more account to be had in the foule slander of another mans malice then in the spotless testimony of mine own conscience but considering as Saint Hierome saith that Apud Christianos non qui patitur sed qui facit contumeliam miser est among Christians not he that suffereth but he that offereth injuries and reproaches is wretched Osor in Epist Reginae Eliz. pag. 7. though as Osorius faith Multae insidiae principibus à suis domesticis intenduntur multae fraudes in aula Regia quaestus compendii gratiâ suscipiuntur multa partim adulatione perfidiâ partim offensionis periculosà formidine dissimulantur ità ut rarò inveniantur qui Regibus liberè loqui audeant many snares are laid for Princes by their own domestique servants many deceitfull tricks and cunning plots are undertaken in the King's Court for gain and honours sake and many things partly for fear of offending How kings are deluded by their own Courtiers and the truth concealed from them The Authours Resolution with God's Assistance and partly through a persidious and false flattery are dissembled and the truth of things is imprisoned from the sight of the King so that he that seeth with these Courtiers eyes and heareth with their ears can hardly know the certain state of his own affairs especially when their flattering Parasites shall bear so heavy a hand over the faithfull servants that few of them shall dare freely to declare the Truth yet I am resolved to set down the plain face of Truth without either flattering of my Royal Master or fear either of the Court flatterers hatred or the Parliamentary Factions cruelty And though my eldest Brethren that are abler than my self should reprove me 1 Sam. 17.28 and say unto me as Eliab said unto David yet I will take my staff in my hand mine own integrity to uphold me and my fidelity to my King and to the King of kings to protect me and I will gather a few stones out of the Brook of living
God and my fidelity to my King I have undertaken this hard and to the Rebels unpleasant labour The Rebels for the punishment of our sins may prosper for a time but at last they shall be most surely destroyed Prov. 8.15 Psal 68.30 Joshua 9 16. Psal 91.16 to set down the Rights of Kings wherein I shall not be afraid of the Rebels power neither would I have any man to fear them for however Victores victique cadunt here may be a vicissitude of good success many times on both sides to prolong the war for our sins and they may prosper in some places yet that is but nubecula quaedam a transient cloud or summer storm that will soon pass away for we may assure our selves they shall not prevaile because God hath said it By me Kings do raigne and He will give strength unto his King and exalt the horn of his Annointed He will scatter the people that delight in war and make the hearts of the cursed Canaanites to melt and their joynts to tremble but He will satisfie the King with long life and shew him his salvation CHAP. II. Sheweth what Kings are to be honoured the institution of Kings to be immediately from God the first Kings the three chiefest rights to Kingdoms the best of the three rights how Kings came to be electted and how contrary to the opinion of Master Selden Aristocracie and Democracie issued out of Monarchie TO proceed then you see the person that by Saint Peters precept is to be honoured to be the King and what King was that but as you may see in the beginning of this epistle the King of Pontus Galatia Cappadocia Asia and Bythinia and what manner of Kings were they I pray you I presume you will confess they were no Christians but it may be as bad as Nero who was then their Emperour and most cruelly tyrannizing over the Saints of God What Kings are to be honoured gave a very bad example to all other his substitute Kings and Princes to do the like and yet these holy Christians are commanded to honour them And therefore 1. Heathen Pagan wicked and tyrannical Kings are to be truely honoured by God's precept 2. Religious just and Christian Kings are to have a double honour because there is a double charge imposed upon them as The double charge of all Christian Kings 1. To preserve peace 1. To execute justice and judgement among their people to preserve equity and peace both from intestine broyles and foreign Foes which careful government bringeth plenty and prosperity in all external affaires unto the whole Kingdom and this they do as Kings which is the common duty of all the Kings of the earth 2. To protect the Church 2. To maintaine true Religion to promote the faith of Christ and to be the guardians and foster-fathers unto the Church and Church-men which tye their people unto God to make them spiritually and everlastingly happy and this duty is laid upon them as they are Christian Kings and therefore in regard of this accession of charge they ought to have an accession of honour more then all other Kings whatsoever 1. Then I say that the Heathen Pagan wicked and tyrannical Kings such as were Nero Dioclesian and Julian among the Christians or Ahab and Manasses among the Jews or Antiochus Dionysius and the rest of the Sicilian Tyrants among the Gentiles are to be honoured served and obeyed of all their Subjects and that in three especial respects 1. All Kings to be honoured in three respects 1. Of their institution which is the immediate ordinance of God 2. Of God's precept which enjoineth us to honour them 3. Of all good mens practice whether they be 1. Jewes 2. Gentiles 3. Christians 1. The institution of Kings is immediately from God Justin lib. 1. Herodot lib. 1. Clio. 1. Justin tells us that Principio rerum gentium nationúmque imperium penes reges erat from the beginning of things that is the beginning of the world the rule and government of the people of all Nations was in the hands of Kings Quos ad honoris fastigium non ambitio popularis sed spectata inter bonos moderatio provehebat And Herodotus setteth down how Deioces the first King of the Medes had his beginning And Homer also nameth the Kings that were in and before the wars of Troy But the choice of Deioces and some others about that time and after Cicero in Officiis whereof Cicero speaketh may give some colour unto our rebellious Sectaries to make the royal Dignity 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a humane ordinance therefore I must go before Herodotus and look further then blind Homer could see and from the first King that ever was I will truly lay down the first institution and succession of Kings and how times have wrought by corruption the alteration of their right and diminution of their power which both God and nature had first granted unto them God the first King 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Tim. 1.17 Apoc. 19.16 And I hope no Basileu-mastix no hater of Kings nor opposer of the royal government can deny but that God himself was the first King that ever the world saw that was the King of ages before all worlds and the King of Kings ever since there were any created Kings The next King that I read of was Adam whom Cedrenus stiles the Catholique Monarch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a mighty King of a large Territory of great Dominion and of unquestionable right unto his Kingdom which was the whole World the Earth the Seas and all that were therein For the great King of all Kings said unto him Gen. 1.28 Adam the first King of all men Be fruitful and multiply and replenish the earth and subdue it and have dominion over the fish of the sea and over the fowl of the air and over every living thing that moveth upon the earth Which is a very large Commission when dominare is more then regere and therefore his royalty is so plain that none but wilful ignorants will deny it to be divinum institutum a divine institution and affirm it as they do to be humanum inventum a humane ordination when you know there were no men to chuse him and you see God himself doth appoint him and after the flood the Empire of Noah was divided betwixt his three sons Japheth reigned in Europe Johan Beda de jure Regum p. 4. Sem in Asia and Cham in Africa Yet I must confess the first Kingdom that is spoken of by that name is the Kingdom of Nimrod who notwithstanding is not himself termed King Gen. 10.9 but in the Scripture phrase a mighty hunter because he was not onely a great King but also a mighty Tyrant or oppressour of his people in all his Kingdom or as I rather conceive it because he was the first usurper that incroached upon his neighbours rights to enlarge his own dominions
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
our people and to fight against God's enemies that have long laboured to overthow his Church as we read of some Bishops of this Kingdom that have been driven to do the like and if these men might do these things without blame as they did why may not the same man be both a Bishop and the Kings Counsellour both a Preacher in the pulpit and a Justice of the peace on the Bench and yet the callings not confounded though the same man be called to both offices for you know the office of a Lawyer is different from the office of a Physitian and the office of a Physitian as different from the duty of a Divine and yet as Saint Luke was an excellent Physitian and a heavenly Evangelist and S. Paul as good a Lawyer as he was a Preacher for he was bred at the feet of Gamaliel as was Master Calvin too as good a Civilian as he was a Divine for that was his first profession so the same man may as in many places they do and that without blame both play the part of a Physitian to cure the body and of a Divine to instruct the soul and therefore why not of a Lawyer when as the Preachers duty next to the teaching of the faith in Christ is to perswade men to live according to the rules of Justice and Justice we cannot understand without the knowledge of the Laws both of God and men and if he be obliged to know the Law why should he be thought an unfit man to judge according to the Law But. CHAP. IX Sheweth a full answer to four special Objections that are made against the Civil jurisd ctions of Ecclesiastical persons their abilities to discharge these offices and desire to benefit the Common-wealth why some Councils inhibited these offices unto Bishops that the King may give titles of honour unto his Clergy of this title LORD not unfitly given to the Bishops proved the objections against it answered six special reasons why the King should confer honours and favours upon his Bishops and Clergy 1. IF you say the office of a Preacher requireth the whole man and where the whole man is not sufficient to one duty for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ob. 1 2 Cor. 2.16 then certainly one man is never able to supply two charges I answer that this indefinite censure is uncertainly true Sol. and most certainly false as I have proved unto you before by many examples of most holy men that discharged two offices with great applause and no very great difficulty to themseves for though Saint Matthew could not return to his trade of Publican because that a continued attendance on a secular business would have taken him from his Apostolate and prove an impediment to his Evangelick ministration yet Saint Peter might return to his nets as he did without blame because that a temporary imployment and no constant secession can be no hinderance to our Clericall office No man is alwayes able to do the same thing when there is no man that can so wholly addict himselfe to any kinde of art trade or faculâ—y but that he must sometimes interchangeably afford himselfe leisure either for his recreation Vt quemvis animo possit sufferre laborem or the recollection of strength and abilities to discharge his office by the undertaking of some other exercise which is to many men their chiefest recreation as you see the husband-mans change of labour doth still inable him to continue in labour and the Courtier cannot alwayes wait in the same posture nor the Scribe alwayes write nor the Divine alwayes study Change of labour is a kinde of recreation but there must be an exchange of his actions for the better performance of his chiefest imployment and that time which either some Gentlemen Citizens or Courtiers spend in playing hawking or hunting onely for their recreation the better to inable them to discharge their offices why may not the Divine imploy it in the performance of any other duty different but not destructive or contradictory to his more special function especially considering that the discharging of those good duties to give counsell to do justice to releive the distressed and the like are more acceptable recreations unto them as it was meate and drink to Christ to do his fathers will then the other fore-named exercises are or can be to any others John 4.34 and considering also that where the Bishop or Pastor hath great affairs and much charge he may have great helpes and much aid to assist him You will allow us an hour for our recreation why will you not allow us that hour to do justice Ob. 2. 2. If you say they are spirituall men and therefore cannot have so great a care of the temporall State and Common-wealth Sol. 1. The ability of the Clergy to manage civil affaires Ignat. Epist ad Ephes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I answer that as now the Common-wealth is the Church and the Church is the Common wealth and have as good interest therein and better we hope then many of the Common-wealth have in the Church and they should be as able to unde stand what is beneficiall to the Common-wealth as any other for Ignatius saith that Kings ought to be served by wise men and by those that are of great understanding 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and not to be attended upon by weak and simple men and if Kings must be served by such men then certainly the service of God is not to be performed by Weavers and Taylors and others like Jeroboams Priests but it will require men of great abilities learning and understanding in all businesses whatsoever such as are indeed well able to discourse De quolibet ente And they have very unprefitably consumed themselves with their time in their head-pain vigils and heart-breaking studies in traversing over all the Common-wealths of the world if they have learned nothing The Clergy of better abilities to benefit the Common-wealth then many others that now sway it whereby they may benefit their own Common-wealth or do understand less what belongeth unto the good of their Countrey especially in matters of equity and right then illiterate Burgesses and meere Chapmen for if you read but the bookes of the Prophets you shall finde how plentifull they are in the precepts of peace in the policies of war and in the best counsels for all things which concern the good of the Common-wealth and do not the Divines read the Histories of all or most other Common-wealths how else shall they be inabled to propose unto their people the example of Gods justice upon the wicked and his bounty and favour unto the observers of his Lawes throughout all ages and in all places of this world and will you deprive the King of the assistance of such instruments for the government of his people The imployment of the Bishops in civil affaires is the good of the Common wealth that are stronger
every ordinance of the higher power for the Lords sake so for the higher power to dispence with both Gods Law admitteth an interpretation not a dispensation of it is most agreeable to reason and Gods truth for all our Lawes are either divine or humane and in the divine Law though we allow of interpretation quia non sermoni res sed rei sermo debet esse subjectus because the words must be applyed to the matter else we may fall into the heresie of those that as Alfonsus de Castro saith held it unlawfull upon any occasion to sweare because our Saviour saith sweare not at all yet no man King nor Pope hath power to grant any dispensation for the least breach of the least precept of Gods Law he cannot dispence with the doing of that which God forbiddeth to be done nor with the omitting of that which God commandeth but in all humane Lawes Mans Law may be dispensed with so far as they are meerly positive and humane it is in the power of their makers to dispence with them and so quicquid fit dispensatione superioris non fit contra praeceptum superioris and he sinneth neither against the Law nor against his own conscience because he is delivered from the obligation of that Law by the same authority whereby he stood bound unto it And as he that is dispensed with is free from all sin so the King which is the dispenser is as free from all fault as having full right and power to grant His dispensations For seeing that all humane Lawes are the conclusions of the Law of nature or the evidences of humane reason shewing what things are most beneficiall to any society either the Church or Common-wealth and that experience teacheth us our reason groweth often from an imperfection to be more perfect when time produceth more light unto us we cannot in reason deny an abrogation and dispensation to all humane Lawes which therefore ought not to be like the Lawes of the Medes and Persians that might not be changed Aug. de libero arbit l. 1. and so Saint Augustine saith Lex humana quamvis justa sit commutari tamen pro tempore juste potest any humane Law though it be never so just yet for the time as occasion requireth may be justly changed dispensatio est juris communis relaxatio facta cum causâ— cognitione ab eo Dispensation what it is qui jus habet dispensandi and as the Civilians say a dispensation is the relaxation of common right granted upon the knowledge of the cause by him that hath the power of dispensing or as the etymologie of the word beareth dispensare est diversa pensare The reward of learning and vertue how to be rendered to dispense is to render different rewards and the reward of learning or of any other virtue either in the civill or the ecclesiasticall person being to be rendered as one saith not by an Arithmeticall but a Geometricall proportion and the division of Parishes being as I said before a positive humane Law it cannot be denyed but the giver of honour and the bestower of rewards which is the King hath the sole power and right to dispose how much shall be given to this or that particular person If you say the Law of the King Ob. which is made by the advice of his whole Parliament hath already determined what portion is fit for every one and what service is required from him I answer that the voice of equity and justice tells us Sol. that a generall Law doth never derogate from a speciall priviledge or that a priviledge is not opposite to the principles of common right and where the Law it selfe gives this priviledge as our Law doth it yet envy it selfe can never deny this right unto the King to grant his dispensation whensoever he seeth occasion and where the Law is tacite and faith nothing of any priviledge yet seeing in all Lawes The end of every Law is chiefly to be respected as in all other actions the end is the marke that is aimed at and this end is no other then the publique good of any society for which the Law is made if the King which is the sole Law-maker so as I shewed in my Discovery of Mysteries seeth this publique good better procured by granting dispensations to some particular men doth he not performe thereby what the Law intendeth and no wayes breake the Law of common right as if a mans absence from his proper Cure should be more beneficiall to the whole Church Reasons of dispensations then his residence upon his Charge could possibly be as when his absence may be either for the recovery of his health or to discharge the Kings Embassage or to do his best to confute Heretiques or to pacifie Schismes or to consult about the Church affaires or some other urgent cause that the Law never dreamt of when it was in making shall not the King whom the Lawes have intrusted with the examination of these things and to whom the principal care of Religion and the charge of all the People is committed by God himselfe and the power of executing his own Lawes have power to grant his dispensations for the same Certainly they that would perswade the world that all Lawes must have such force that all dispensations are transgressions of them as if generall rules should have no exceptions would manacle the Kings hands and binde his power in the chaines of their crooked wills that he should not be able to do that good which God and Right and Law it selfe do give him leave and their envy towards other mens grace How God doth diversly bestow his gifts Matth. 25.15 Gen. 43.34 is a great deale more then either the grace of humility or the love of truth in them for doth not God give five talents to some of his servants when he gives but one to some others and did not Joseph make Benjamins messe five times so much as any of his brethren's and have not some Lords six or eight or ten thousand pounds a year and some very good men in the Common-wealth and perhaps higher in God's favour not ten pounds a year and shall not the King double the reward of them that deserve it in the Church of God or shall he be so curbed and manacled that he shall neither alter nor dispense with his own Law though it be for the greater glory unto God and the greater benefit both to the Church and Common-wealth Besides who can deny but that some mens merits virtue paines and learning are more worthy of two Benefices then many others are of one and when in his younger time he is possessed of a small Benefice he may perchance afterwards when his years deserve better far easier obtain another little one to keep with it then get what I dare assure you he would desire much rather * For who would not rather chuse one Living of an
100 l. a year then two of 50 l. a piece one Living of equall value to them both and shall the unlearned zeal of an envious minde so far prejudice a worthy man that the King 's lawful right shall be censured and his power questioned and clipped or traduced by this ignorant Zelot I will blesse my self from them and maintain it before all the world that the King's dispensations for Pluralities Non-residency and the like Priviledges not repugnant to common right are not against Law nor the giving or taking of them upon just causes against conscience but what the violence of this viperous brood proclaimeth an intolerable offence we dare warrant both with good reason and true Divinity to be no sin no fault at all but an undoubted portion of the King 's right for the greater benefit both of the Church and State and the greater glory unto God himself The Author's Petition to His Majesty And therefore most gracious King we humbly desire your Majesty suffer not these children of Apollyon to pull this flower out of your Royal Crown to abridge you of your just right of granting dispensations for Pluralities and Non-residency which the Lawes of your Land do yet allow you and which they labour to annul to darken the glory of God's Church and to bring your Clergy by depriving them of their meanes and honour into contempt lest that when by one and one they have robbed you of all your rights they will fairly salute you as the Jews did Christ Haile King of the Jewes when God knows they hated him and stript him of all power I speak not of his Divinity either to govern them or to save himself 3. The toleration of divers Sects and sorts of religions 3. As the King hath right and power to grant his dispensations both of grace and of justice of grace when it is merely of the King ' Princely favour as in legitimations and the like and of justice when the King findeth a just cause to grant it so likewise it is in the King's power and right to remit any offence that is the mulct or penalty and to absolve the offender from any or all the transgressions of his own Lawes from the transgression of God's Law neither King nor Pope nor Priest nor any other can formally remit the fault and absolve transgressors but as God is the Law-giver so God alone must be the forgiver of the offence Mar. 2.7 so the Jewes say who can forgive sins but God onely Yet as God which gives the Law can lawfully remit the sin and forgive the breach of the Law As David pardoned Absolon and Solomon Abiathar so the King which makes these positive Lawes cannot be denyed this power to pardon when he seeth cause or is so pleased the offenders of his Lawes as you see they do many times grant their pardons for the most haynous faults and capital crimes as treasons murders felonies and the like and if they may grant their pardons for the breach of the Law and remit the mulct imposed for the transgression thereof it is strange if they should not have right to dispense with whom they please when they see cause from the bond of the Law and therefore we are to discuss how far the King in these Lawes of the Church may give exemptions and tolerations unto them whose consciences cannot submit themselves to the observation of the established Laws Christ biddeth that the â—ares should grow Matth. 13.30 And the Apostle saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 there must be heresies therefore there must be a toleration of divers Sects 1 Cor. 11.19 Four special sorts of false Professors 1. Jewes Whitak against Campian translated by Master Stoke p. 311. With what cautions the Jewes are to be suffered for seeing all men are not of the same faith nor do profess the same Religion and it is the nature of all men to dislike that which themselves will not profess and if opportunity serve to root out that which they dislike it is requisite it should be shewed how far a prudent and a pious Prince may grant a toleration the Law in terminis not forbidding it unto any of these Sects that may be commorant within his Kingdomes Touching which I say that besides dissembling hypocrites and prophane worldlings that have no faith nor any other Religion but the shadow of that Religion whatsoever it is which is profest wheresoever they are there may be in any Kingdome Jewes Turkes Papists Puritans and the like or to call them otherwise Idolaters Hereticks Schismatickes c. And 1. For the Jewes though they have many things in their Religion which will ever alienate them from the Papists yet they have free leave to use their ancient Ceremonies in Rome saith Doctor Whitaker and it is well known that many pious Princes have permitted them to dwell and to exercise their own Religion in this kingdome the old Jury in London is so called because it was allotted for their abode and the Lawes of many Christian Emperours have in like sort permitted them to do the like in their Dominions but with those cautions and limitations that Moses prescribed unto the Jewes to be observed with the Heathens and Idolaters that dwelt amongst them that is neither to make marriages with them nor to communicate with them in their Religion And Saint Augustine is reported to be so favourable towards them that he alleadgeth several reasons for their toleration As 1. That above and before others they had the promise of salvation Deut. 7.3 Exod. 23.32 Doctor Covel c. 14. p. 199. 1 Reason for their toleration Rom. 11.24 25. 2 Reason Psal 59.11 and therefore though some of the branches be cut off and the case of the rest be most lamentable yet not altogether desperate and incurable if we consider what the Apostle setteth down of their conversion and re-unition unto the good right olive tree 2. That the Prophet David speaking of them made that prayer unto God Slay them not O Lord lest my people forget it but scatter them abroad among the Heathen and put them down O Lord our defence for many excellent ends as first that their being scattered among the Christians might shew both the clemency and severity of God towards us mercy and clemency and towards them justice and severity which may likewise happen unto us if we take not heed as the Apostle bids us Be not high minded but fear and secondly Rom. 11.20 We may not force the Jews to beleive that being among the Christians they might the sooner at all times by their charity and prayers be reduced the more willingly to imbrace the faith of Christ when as unwillingly we may neither compel them nor take their children to be baptized from them And therefore as the Princes of this Realm for divers causes hurtful to their State have banished them out of their Dominions so if they see good cause to permit them as time
Canonists and some Jesuites do constantly aver that summum imperium the primary supreme power of this Government is in the Pope 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 absolutely and directly as he is the Vicar of Christ who hath all power given him both in Heaven and earth from whom it is immediately deriued unto his Vicar and from him to all Kings mediately by subordination unto him so Baronius Carerius and others But Bellarmine and the rest of the more moderate Jesuists say that this imperium in reges the Popes power over all Kings and States is but indirectum dominium a power by consequent and indirectly in ordine ad bonum spirituale as the civil State hath relation to Religion and this great Cardinal lest he should seeme fine ratione insanire doth as the Hereticks did in Tertullians time Caedem Scripturarum facere ad materiam suam alleadge two and twenty places of Scripture mis-interpreted to confirme his indirect Divinity and as Petiphars wife he produceth very honest apparel but to prove a very bad cause and therefore attributing to the Pope by the greatness of his learning and the excellency of his wit more then he could justifie with a good conscience he was so far from satisfying the then Pope that he was well nigh resolved to condemne all his works for this one opinion Carerius lib. 1. cap. 5. and Carerius undertooke his confutation ex professo and taxeth him so bitterly that he putteth him inter impios haereticos which he indeed needed not to have done because the difference is onely in the expression when the Pope by this indirect power may take occasion to king and unking whom he pleaseth and do what he will in all Christian States 3. The Anabaptists and Puritans either deny all government 3 Where the Puritans place the Soveraignty Majestas regia sita est magis in populo quam in persona regis Parsons in Dolman with the Fratricelli and all superiority by the title of Christianity as the Author of the Tract of Schisme and Schismaticks or do say that originally it proceedeth and habitually resideth in the people but is cumulatively and communicatively derived f om them unto the King and therefore the people not denuding themselves of their first interest but still retaining the same in the collective body that is in themselves suppletivè if the King in their judgement be defective in the administration or neglect the performance of his duty may question their King for his mis-government dethrone him if they see cause and resuming the collated power into their own hands again may transfer it to any other whom they please Which opinion if it were true would make miserable the condition of all Kings and I believe they first learned it from the Sorbonists The Sorbonists first taught the deposing of Kings and why who to subject the Pope to the community of the faithful say that the chief spiritual power was first committed by Christ unto them and they to preserve the unity of the Church remitted the same communicatively unto the Pope but suppletively not privatively or habitually devesting themselves thereof retaining the same still in themselves if the Pope failed in the faith of the Church and therefore he was not onely censureable but also deposable by the Council if he became an heretique or apostated from the religion of Christ and to make this both the more plausible and probable they alleadged how Kings were thus eligible and likewise deposable by the community of the people for out of this Buchanan saith Romani Pontifices longè regum omnium conditione superiores Buchan de jure regni p. 25 91. legum tamen poenis haud eximuntur sed eos quanquam sacrosanctos Christianis omnibus semper habitos Synodus Basiliensis communi ordinum consensu senatui sacerdotum obnoxios esse pronunciavit that is in brief the Popes are deprivable by the Council So are Kings by the community of the people and so both the Papist and the Puritan do agree to depose their Kings Claudian de 4. Consul Honorii and as the Poet saith Ausus utérque nâ—fas domini respersus utérque Insontis jugulo never a barrel better herring both alike friends to Kings But to this Blackvodaeus answereth most truely that although the Pope should be deprivable by the Council which I am sure neither Pope nor Jesuite will allow yet for divers different reasons betwixt the examples Kings are not deposable by their Subjects especially if you consider the great difference betwixt the Church of Christ that is guided by the Spirit of God and the representation thereof in the flower of her Clergy and a giddyheaded multitude Blac. cap. 23. p. 304. that is led by their unruly and unreasonable passions and are represented by those that either basely bought their Votes as the Consuls and other great men did the votes of the people of Rome or that their partial and most ignorant affection oftentimes without judgement have made choice of ex quo sequitur ut non sit eadem populi potestas in regem quâ— in pontificem est Ecclesiae So that the reason is far unlike But though the Sorbonists to justifie their former tenet The Puritans opinion worse then the Jesuites in two respects were the first broachers of this unjust opinion of the deposition of Kings by the people from whence the Jesuites to subject the King unto the Pope suck't it afterward Yet in two main Respects I finde this tenet as it is held by the Puritans far worse then the doctrine of the Jesuites Respect 1 1. Because some of them say that the people may not restrain the power which they have once transmitted unto the King when the Law of justice doth not permit that Covenants should be repealed or a donation granted shoud be revoked though it were never so prejudiciall to the donor and Bellarmine makes this good by the example of the souldiers that had power to accept or reject their Emperour before he was created Bellar. in tract cont Pat. Paul but being once elected they had no coactive power over him whereas all the Puritanes will make and unmake promise and breake doe and undoe at their pleasure Respect 2 Because the Jesuites permit not the people nor any Peers to depose their King untill the Pope as an indifferent judge deputed by Christ shall approve of the cause and our Sectaries depresse kings so far as to submit them to the weake judgment and extravagant power of the people who to day cry to Gideon raign thou and thy son over us for ever and to morrow joyne with the base son of Jerubbaal and the Sichemites to kill seventy of the Children of Gideon Judges 9. and to create Abimilech to be their king Our Opinion proved Anti-Cav in Os Ossor p. 25 But though the Anti-Cavalier takes it ill that I should affirm that the kings power and right unto his government
is immediately from God yet if he would believe learned Authours he might find enough of this judgment for the sublime power and authority that resideth in earthly Potentates is not a derivation or collection of humane power scattered among many and gathered into one head but a power immediately granted by God to his Vicegerents * So acknowledged by Act of Parliament 25 H. 8. c. 12.28 c. 10. Dr Sarav sol 175. Bellar. de Laicis cap. 6. 8. quam nunquam fuisse populo demandatam legimus which God never communicated to any multitudes of men saith Saravia And Bellarmine himself against the Anabaptists confuteth their error that denyed the power and authority of kings to be immediately from God I. From Script Sap. 6. Esay 45. Hierem. 27. Dan. 2. Rom. 13.1 Pet. 2. II. From the Councill of Constans Sess 8. 15. III. From S. Aug. de civit Dei l. 5. c. 21. where he saith non tribuamus dandi regni potestatem nisi Deo vero which giveth felicity in the kingdome of Heaven onely to the godly but the earthly kingdomes he giveth both to the godly and to the wicked nam qui dedit Mario ipse Caesari qui Augusto ipse Neroni qui Vespasianis vel patri vel filio Idem de Rom. Pont. l. 5. c. 3. Irvinus de jure regni c. 2. p. 40. suavissimis imperatoribus ipse Domitiano crudelissimo qui Constantino Christiano ipse Apostatae Juliano And IV. it is proved from the confession of the Popes of Rome as Leo. ep 38. 43. Gelasius epist ad Anastasium Greg. l. 2. epist 61. Nicholaus epist ad Michaelem out of all which saith Irvinus it is apparent all and every king non multitudini aut hominibus sed Deo soli regum regi quicquid juris habent acceptum ferre And he might consider that a thing may be said to be immediately from God divers wayes as specially 1 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 absque ullo signo creato 2 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cum aliquo actu conjuncto that is 1. Solely from God and no other presupposing nothing praevious to the obtaining of it So Moses and Joshua had their authority from God Heningus fusè c. 1. p. 4 5. de distinct duplici jurisdict Sive electione sive postulatione vel successione vel belli jure Principi tamen facto divinitùs potestas data est Cunerus c. 5. de offic Princip 2. Joyntly with an interposed act of some other instrument as the Apostolicall power of Matthias was immediately from God though his constitution was from the Apostles so Kings though some of them be after a sort elected by men yet as our Saviour saith to Pilate that his power was from above though he was deputed by Caesar So may they be said to have their authority immediately from God though they should be some wayes deputed by men for we must distinguish betwixt the soveraignty the Subject and the collation of the Soveraignty to the Subject the Soveraignty is immediately from God the Subject is from it's naturall cause and the unition of the Soveraignty to the Subject is likewise immediately from God not onely approving but appointing the same in all the Kings of his ordination or to speak with the Schooles we must distinguish betwixt deputationem personae and collationem potestatis the designation of the person which is sometimes done by men and that is where the King is elective and the donation of the power which is proper onely unto God for so the Psalmist saith Psal 62.11 God hath spoken once and twice I have also heard the same that power belongeth unto God and the Apostle saith the powers that are are ordained of God Rom. 13.2 which is to be understood of the regall or Monarchicall power because Saint Paules 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 2 Pet. 2.13 Saint Peters description betwixt the King and the inferiour Magistrates A twofold royalty in a King 1 Merum imperium higher powers are interpreted by Saint Peter to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Kings that are supreme where Saint Peter makes an excellent distinction betwixt the superiour and the inferiour Magistrates the superiour is that which Saint Paul saith is ordained of God and the inferiours are they which Saint Peter calleth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 such as are sent by the King for the better explanation of which place you must know that in every King or supreme Magistrate we may conceive a double royalty The 1 is merum imperium or regni potestas summa plenissima and this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 this fulnesse of power and independent of any creature and immediately received of God which the Civilians call jus regis or munus regni is in the person of the King indivisible not to be imparted by the King to any creature because he cannot devest himself divide this power or alienate the same to any subject no not to his own son without renouncing or dividing his Kingdome How the King cannot do unjustly and by this the Civilians say the King may governe sine certa lege sine certo jure sed non sine aequitate justitia without Law but not without equity whereupon it is a rule in the Common Law hoc unum rex potest facere quod non potest injustè agere which is to be applyed to this inseperable regality of the King 2 Imperium dispositivum and hath been often alleadged by other Parliaments to justifie the King from all blame The 2 is imperium dispositivum or jus gubernandi vel jurisdictio the right of governing or jurisdiction and distribution of justice and this may be derived and delegated from the King legatis vitalitiis either for terme of life or during the Kings pleasure But how not privativè when the King doth not denude himself thereof but cumulativè and executivè to execute the same as the Kings Instruments for the preservation of peace How the King delegates his power to his inferiour Magistrates and the administration of justice as it appeareth in their patent and this subordinate power is not inherent in their persons but onely committed unto them for the execution of some office because that when the supreame power is present the power of the inferiour officers is silent it is in nubibus fled into the clouds and like the light of the Moon and Stars vanishing whensoever the Sun appeareth for Kings when they do transfer any actuall power to the subalternate Officers retain the habituall power still in their own hands which upon any emergent occasion they may actually resume to themselves again which they could not do if they parted with the habite and forme of this despoticall power of government The words of the Apostles vindicated from the false glosses of the Sectaries Rom. 13.1 1 Pet. 2.13 The testimony of the Fathers for the Soveraignty of Kings Tertul. ad Scap. in apologet
as ridiculous the testimony of Justine which saith Populus nullis legibus tenebatur sed arbitria regum pro legibus erant the people were kept under by no Lawes but the will of their Kings was all the Law they had but as oportet mendacem esse memorem so it behoves him that opposeth the truth to be very subtile and very mindful of his own discourse otherwise a meaner Scholler having such advantage as the truth to assist him may easily get the victory for though he goeth about to confute the reason that some alleadge for the denyal of those times to be governed by any Law because the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is not to be found in all Homer but wheresoeuer he speakes of Justice Homer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in hymnis ad Apoll. he expresseth the same by the word Themis and saith that this is false which he proveth from Homers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and sheweth that there were Lawes before Homers time from Talus his Lawes that were written in brasse in the Isle of Crete yet all this may be answered and Justines opinion prove most true Joseph advers Appion l. 51 Plutarch in lib. de Hero for Talus his time must needs be uncertain and by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Homer means the just measure of riming but never useth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for the set Law of living besides there were many ages and many Kings before Homers time and before Talus Minos Radamanthus or any other Law-maker that you read of Moses was the first that I finde either giving Lawes or inventing Letters and yet there were many Kings before Moses nine Kings named in one Chapter Gen. 14.1 2. and what Lawes had they to govern their people besides their own wils and therefore Master Selden vi veritatis victus confesseth that in the first times in the beginning of States there were no Lawes but the arbitrements of Princes as Pomponius speaketh Pompon de origine juris ff l. 1. sect 2. Josephus regnū appellat imperium summum unius hominis non ex lege sed ex arbitrio imperantis Antiquit l. 4. Saravia de imperand autor l. 2. c. 3. Barclaius l. 3. c. 16. Arnis l. 1. c. 3. p. 49. 50. Irvinus cap. 4. p. 64 65. and pag. 4. he saith the people seeing the inconveniences of popular rule chose one Monarch under whose arbitrary rule their happy quiet should be preserved where also you may observe his great mistake in making the Monarchy to spring out of the Democracy when as I have proved before the Monarchicall government was many hundred of years before we heare mention of any other forme of government but in any government Doctor Saravia saith and he saith most truly Quisquis summum obtinet imperium sive is sit unus rex sive pauci nobiles vel ipse populus universus supra omnes leges sunt ratio haec est quòd nemo sibi ferat legem sed subditis suis se legibus nemo adstringit huc accedit illa ratio quòd neque suis legibus teneri possit scil rex cum nemo sit seipso superior nemo à seipso cogi possit leges à superiore tantùm sciscantur dentúrque inferioribus And so Arnisaeus saith and proveth at large Majestatis essentiam consistere in summa absoluta potestate that the being of Majesty and Soveraignty consisteth in the highest and most absolute power And Irvinus alleadgeth many testimonies out of Aristotle Cicero Vlpian Dio Constant Harmenopolus and others to p ove that Rex legibus non subjicitur And to make it yet more cleare that the kings power to rule his people was arbitrary Sigonius saith most truly that the power of governing the people was given by God unto Moses before the Law was given and therefore he called the people to counsell and without either Judges or Magistrates jura eisdem reddidit he administred Justice and did right to every one of them So Joshua exercised the same right and the Judges after him Sigon de rep Heb. l. 7. c. 3. Hoc arbitrarium imperium expressit Deus 1 Sam. 8. David Ps 11. Reges eos in virga serrea Idem Ibidem and after the Judges succeeded the Kings quorum potestai atque autoritas multò major ut quae non tam à legibus quà m ab arbitrio voluntate regis profecta sit whose power and authority was far greater as proceeding not so much from the Lawes as from the arbitrement and the will of the King saith Sigonius for they understood the power of a King in Aristotles sence Qui solutus legibus plenissimo jure regnaret who being freed from the Lawes or not tyed to Lawes might governe with a plenary right And so Saul judged Israel and had altogether the arbitrary power both of life and death quodam modo superior legibus fuit and was after a sort above the Law undertaking and making Warr pro arbitratu suo according to his own will And in his sixth book he saith the Jewes had three great Courts or Assemblies 1. Their Councell which contained that company Cap. 2. that handled those things especially which concerned the State of the whole Common-wealth as warre peace provision institution of Lawes creation of Magistrates and the like 2. Their Synagogue or the meeting of the whole Congregation or people Cap. 3. which no man might convocate but he which had the chiefe rule as Moses Joshua the Judges and the Kings 3. Their standing Senate Cap. 4. Numb 15. Plenum regnum vocatur quo cuncta rex sua voluntate gerit Idem which was appointed of God to be of the seventy Elders whereof he saith that although this was alwayes standing for consultation yet we must understand that the kings which had the Common-wealth in their own power and were not obnoxious to the Lawes made Decrees of themselves without the authority of the Senate ut qui cum summo imperio essent as men that were indued with the chiefest rule and command And we find that the king judged the people two manner of wayes 1. Alone 2. Together with the Elders and Priests 2 Sam. 15 2 6. For it is said that Absolon when any man came to the king for judgment wished that he were made Judge in the Land and he did in this manner to all Israel that came to the king for judgement and when the people demanded a King instead of Samuel to reigne over them 1 Sam. 8,7 and God said They had cast him off from being their King he signifieth most plainly that while the Judges ruled which had their chiefest authority from the Law God reigned over them because his Law did rule them but the rule and government being translated unto Kings God reigned no longer over them Quia non penes legem Dei sed penes voluntatem unius
change in themselves or failing of their former promises justly say they are no Parliament but as the Romans said unto a worthy Patriot that had formerly saved them from the Senones and at last became an enemy to the State We did honour thee as our deliverer when thou didst save us from the Senones sed jam nobis es quasi unus ex Senonibus so may we say of any Parliament that turnes to be the destruction of a Common-wealth that it is but a shadow and no substance a den of theeves and no Parliament of Counsellours And I assure my selfe much more may be spoken and many inanswerable arguments may be produced to confirm this to be most true so I have set down what I conceive to be true about the Kings grants and concessions unto his people and his obligations to observe them And if His Majesty whom I unfainedly love and heartily honour and in whose service as I have most willingly spent my slender fortunes so I shall as readily hazard my dearest life be offended with me for setting down any of these things that my conscience tells me to be true and needful to be known and my duty to declare them I must answer in all humility and with all reverence that remembring what Lucian saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 many men shunning the smoake fell into the fire and that Job saith Timentes pruinam opprimentur à nive which Saint Gregory moralizeth of them that fearing the frost of mans anger which they may tread under foot shall be overwhelmed with the snow of Gods vengeance that fals from Heaven and cannot be avoided I had rather suffer the anger of any mortal man then endure the wrath of the great God and now I have freed my soule let what will come of my body I will fear God and honour my King 5 The end for which God ordained Kings 5. We are to consider the end for which God ordained the King to rule and govern his people and that is to preserve justice and to maintain peace through out all the parts of his Dominions for as the Subjects may neither murmur nor resist heir Soveraign at any time for any cause so the King must not do any wrong or injustice to his meanest Subject neither do we presse the obedience of the Subject to give licence unto the King to use them as he listeth but we tell Kings their duties as well as we do to the Subjects and that is to doe justice unto the afflicted and to execute true judgement among all his people for as Plato saith Psal 82.3 Zachar. 7 9. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 all men cry out with one mouth how beautiful a thing is temperance and righteousnesse Cicero calleth her the Lady and Mistresse of all virtues and Pindarus saith that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Cice o offic l. 3. a golden eye and a golden countenance are always to be seene in the face of justice and that Jupiter Soter dwelleth together with Themis whereby he would give us to understand regem servatorem esse justum Pindar apud Athen Cl. Alex. and Sirom l. 5 that a King must preserve his people by justice as Clemens Alexand. expoundeth it because as Theognis pag. 431. saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 justice is that virtue which comprehends all virtues in it self and therefore Solomon saith that the Kings throne is established by righteousnesse and justice exalteth a Nation Prov. 16.12 c. 14 34. injustice destroyeth Kingdomes making it to flourish and famous and justice destroyeth the people when a Kingdome is translated from nation to Nation because of unrighteousnesse the same being as it was said of Carthage fuller of sins then of people as you see the Monarchy of the Assyrians was translated unto the Medes and Persians and the most famous repub of the Romanes was spoiled when forgetting their pristine honesty they became unjust Lucan l. 1. Mensuráque juris Vis erat And the Law was measured by strength and he had the best right which was most powerful and so the ancient nation of the Britons came to utter ruine and destruction propter avaritiam principum injustitiam judicum negligentiam Episcoporum luxuriam populi saith Gildas Ezechiel 33.11 and 18.22 Judges 17.6 Dan. 2.21.37 1 Chron. 2 84. 1 Sam. 10.1 1 Reg. 19 15. Romans 13.4 Tertul. ad Scap. c. 21. Optat. cont Parmen l. 3. p. 8. 5. Auson in Monosyll Et id possumus quod jure possumus Chrysost ad Pop. Antioch hom 2. Ambros apol pro Davide c. 4. c. 10. Aug. de civit l. 4. c. 33. Greg. epis l. 2. ep 110. Autor libelli cui inscriptio brevis narratio quomodo Hen. 4. c. Bellar. de laic c. 5. Rhem. anno 1 Pet. 2.23 Dela Cerda in Virgil. l. 11. p. 560. c. Herod l. 2. And therefore God that desireth not the death of a sinner much lesse the ruine of any Nation would have us to seeke for justice and to live uprightly one among another but as the sheepe that are without a shepheard wander where they list so as you read often in the booke of Judges when the people were without a King there was no justice amongst them but every man did that which was right in his own eyes therefore to prevent oppressions and wrongs God out of his infinite love and favour unto mankind from the beginning of the World called and appointed Kings to be his Vicegerents to judge the earth and to see that the poore and the fatherlesse have right for besides many other places that might be alleadged the Spirit of God saith directly ego dixi Dii estis and by me Kings do reign that is by my appointment by my direction and by my protection they do and shall rule and reign over my people as Tertull. Optat. Saint Chrysost St Ambrose St Aug. Saint Gregory and the rest of the most Orthodox Fathers have ever taught and maintained and therefore this is not inventum humanum as the Puritans have dreamed and the Popes flatterers have maintained but it is an ordination of God that we have Kings given unto us not to domineere and to satisfy their untamed wills and sensual appetites but to administer justice and judgement unto their people and so to guide them to live in all peace and tranquillity for as Auson saith Qui rectè faciet non qui dominatur erit Rex And therefore Plinius Secundus in his panegyricks saith ut foelicitatis est posse quantum velis sic magnitudinis est velle quantum possis bonitatis facere quantum justum as it is a great felicity to be able to do what we will so it is a most heroick resolution to will no more but what we should and to do nothing but what is just Claudian saith to Honorius Nec tibi quid liccat sed quid fecisse decebit Occurrat mentémque domet respectus honesti and so Homer saith that Sarpedon
preserved Licia 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 through justice and fortitude whereupon the old Scholiast citeth the words of Aeschilus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that virtue and justice are ever coupled together and Dio. Chrysost saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he is the best of men that is the most valiant and most just Orat. 2. and Herodian saith of Pertinax Plut. in vit Cicero 2. orat in Anton. Ovid. Met. 6. Suet. de act c. 2 that he was both loved and feared of the Barbarians as well for the remembrance of his virtues in former battels as also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because that wittingly or willingly he never did injustice to any man at any time Plutarch ascribeth these virtues to Lucullus and to Paulus Aemilius Cicero saith the like of Pompey Ovid. of Erictheus Suetonius of Octavius Augustus his father Virgil of Aeneas Krantius of Fronto king of the Danes and of our late king James of famous and ever blessed memory we may truly say Cui pudor justitiae soror Incorrupta fides nudáque veritas Quando ullum invenient parem Horat. lib. 1. Od. 26. Neither need I blush to apply the same to our present King So you see how Justice exalteth a Nation commends the doers of it and crownes them with all honour and as the Poet saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he that worketh justly shall have God himself for his Co-adjutor But here you must observe that which indeed is most true 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 He is not a just man that doeth no hurt Who rightly termed just but he that is able to do hurt and will not do it that can be unjust and will not be for it is no great matter to see a poore man that hath no ability to do no wrong but it is hard to use power right even in the meanest office and therefore this is that that is to be urged to be then most just when we have most power to offend which most properly doth belong to all kings and Princes to put them in minde of their duties to what end God hath made them kings for they are but base statterers Tacit. annal l. 3. Plut. in Apotheg Eustath ad Iliad ss Salust in Orat. Cas cont Catil quibus omnia principum honesta atque inhonesta laudare mos est that will commend all the doing of Princes be they good or bad and which say 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 all things are honest and just that kings do as that flattering sycophant said to Antigonus or like those Chirodicai 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 who thinke justice lyeth not in the Lawes but in their hands because as Caesar saith in maxima fortuna minima licentia est the higher their places are the more righteous they ought to be and the lesse liberty of sinning is left unto them and that in respect 1 of God 2. of others 3. of themselves Kings ought to be more just then all others in 3 respects 1. Where God hath conferred much honour there he exspecteth much equity and the more goodnesse where he bestowed the more grace ideò deteriores estis quia meliores esse debetis and will men therefore be the more sinfull Luke 12.48 Salvian de Pro. vid. l. 4. because they ought to be the more righteous 2. All mens eyes are upon the Prince and as Seneca saith of the royall Pallace Perlucet omne regiae vitium domûs the houses of Kings are like glasses and every man may look through them so their actions can no more be hid then the City that is placed upon an hill but their least and lightest acts are soon seen 3. Their places are as slippery as they are lofty Seneca in Agamemn 2.1 when as one saith height itself maketh mens braines to swimme nunquam solido stetit superba foelicitas and proud insolency never stood sure for any certain space for as God hath made them Gods so he can unmake them at his pleasure and as S. Augustine saith Quod contulit immerentibus tollit malè merentibus Aug. ho. 14. quod illo donante fit nostrum nobis superbientibus fit alienum what God haâ—h freely bestowed upon you without desert he may justly take away from you for your evill deserts and what is ours through Gods gift may be made another mans through our own pride and not onely so but as he hath heaped honours upon their heads that they might honour him so if they neglect him Job 12.21 Job 30.1 he can powre contempt upon Princes and cast dirt in their faces and make them a very scorne to those that formerly they thought unworthy to eate with the dogs of their flock and then Quanto gradus altior tanto casus gravior the higher they were exalted the more will be their greif when they are dejected as it was with those Kings that being wont to be carryed in their royall Charets were forced like horses to draw Sesostris Coach Quia miserrimum est fuisse felicem because it is a most wretched thing to have been happy and not to be or as the Poët saith Qui cadit in plano vix hoc tamen evenit unquam Ovidius Trist l. 3. Eleg. 4. Sic cadit ut tacta surgere possit humo At miser Elpenor tecto dilapsus ab alto Occurrit regi flebilis umbra suo And therefore all Kings should be ever mindfull of the words of King David He that ruleth over men must be just ruling in the feare of God 2 Sam. 23.3 and all these things that I have set down should move all Kings and Princes to set their mindes upon righteousnesse to judge the thing that is right and to live Psal 58.1 What should move all kings to rule justly according to Lawes to reigne and rule according to the straight rule of the Law that so carrying them justly and worthily in their places the poore people may truly say of them Certè Deus est in illis they may well be called Gods because God is in them and if these things will not nor cannot move them to be as mindfull of their duty as well as they are mindfull of their excellency then let them remember what the Psalmist saith Psal 149.8 He will bind Kings with fetters and their Nobles with linkes of Iron and let them meditate upon the words of King Solomon where he saith unto them all Heare O ye Kings and understand learne ye that be Judges of the ends of the earth give eare you that rule the people and glory in the multitude of Nations for power is given you of the Lord and soveraignty from the Highest who shall try your works and search out your counsels because being Ministers of his Kingdomes you have not judged aright nor kept the Law nor walked after the counsell of God horribly and speedily shall he come upon you Sap. 6. usque ad vers 9. for a sharpe judgment
shall be to them that are in high places for mercy will soon pardon the meanest but mighty men shall be mightily tormented for he that is Lord over all shall feare no mans person neither shall he stand in awe of any mans greatnesse for he hath made the small and the great and careth for all alike but a sore tryall shall come upon the mighty And the Apostle saith It is a fearfull thing to fall into the hands of the living God Heb. 10 31. which things should make their eares to tingle and their hearts to tremble whensoever they step aside out of Gods Commandments And thus we set down the charge of Kings and the strict account that they must tender unto God how they have discharged the same whereby you see we flatter them not in their greatnesse but tell them as well what they should be as what they are and presse nor onely obedience unto the people but also equity and justice unto the Prince that both doing their dutie both may be happy CHAP. XV. Sheweth the honour due to the King 1. Feare 2. An high esteem of our King how highly the Heathens esteemed of their Kings the Marriage of obedience and authority the Rebellion of the Nobility how haynous 3. Obedience fourefold diverse kinds of Monarchs and how an absolute Monarch may limit himself 2. The honour that is due to the King 2 I Have shewed you the person that we are commanded to honour the King I am now to shew you the honour that is due unto him not only by the customes of all Nations but also by the Commandment of God himself Where first of all you must observe that the Apostle useth the same word here to expresse our duty to our King as the Holy Ghost doth to expresse our duty to our father and mother for there it is said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and here S. Peter saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to shew indeed that the King urbi pater est urbÃque maritus The same that is due to our Father and Mother is the common Father of us all and therefore is to have the same honour that is due to our Father and Mother and I have fully shewed the particulars of that honour upon that fifth Commandment I will insist upon some few points in this place and as the ascent to Solomons throne was per sex gradus by six speciall steps so I will set you down six main branches of this honour that are typified in the six ensignes or emblems of Royall Majesty for Six speciall branches of the honour due to the King 1 The Sword exacteth feare and the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth as much 2 The Crown importeth honour because it is of pure gold 3 The Scepter requireth obedience because that ruleth us 4 The Throne deserves Tribute that his Royalty may be maintained 5 His Person meriteth defence because he is the Defender of us all 6 His charge calleth for our Prayers that he may be inabled to discharge it 1. Feare 1. Kings are called Gods and all the Royal Ensigns and Acts of Kings are ascribed to God as their Crown is of God whereupon they are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 crowned of God Psal 21.3 Psal 18.39 Judg 7.17 Exod. 4.20.17.9 1 Chron. 19 21. 2 Chron. 19.6 Sap. 17.21 their sword is of God whereupon the Psalmist saith thou hast girded me with strength unto the battle their Scepter is the Scepter of God for so Moses rod which signifieth a Scepter as well as a rod is called the rod of God their throne is the throne of God and their judgment is the judgment of God and you know how often we are commanded in the Scripture to feare God and the Poet saith primus in orbe Deos fecit timor and where theâ—e is no feare of God there is no beleife that there is a God for feare is the betraying of the succours which reason offereth and when we have no reason to expect succour our reason tells us that we should feare that is the punishment which we deserved for those evils which deprived us of our su cours The want of feare the cause of all mischiefe and therefore this feare of the punishment doth often times keep us from those evils even as the Scripture saith timor Domini expellit peccatum and the want of this feare is the cause of all mischief as the Prophet David sheweth when after he enumerated the most horrible sins of the wicked Rom. 3.13 that their throat was an open sepulcher the poyson of aspes under their lips their mouth full of cursing and bitternesse and their feet swift to shed blood he addeth this as the cause of all P. 14. V. 7. that there was no feare of God before their eyes And truly this is the cause of all our calamities that we feare not our King for if we feared him we durst not Rebell and revile him as we do But what is the reason that we do so little fear either God or the king Why men do so little fear God and the King Eccles 5.6 the son of Sirach sheweth it is their great mercy and clemency this which worketh love in all good natures produceth boldnesse impudency and Rebellion in all froward dispositions who therefore sin because God is merciful and will Rebel against their king because they know he is pitiful and milde and will grant them pardon as they beleive if they cannot prevaile which is nothing else but like spideâ—s to suck poyson out of those sweet flowers from whence the bees do gather hony but let them not deceive themselves for debet amor laesus irasci love too much provoked will wax most angry laesa patientia fit furor and therefore the son of Syrach saith Eccles 55 6. concerning propitiation be not without fear and say not his mercy is great for mercy and wrath come from him and his indignation resteth upon sinners so though our king be as the kings of Israel a merciful minded man most mild and clement yet now when he seeth how these Rebels have abused his goodnesse and his patience to the great sufferance of his best Subjects he can draw his sword and make it drunk in the bloud of the ungodly that have so transcendently abused both the mercies of God and the goodnesse of the King When diverse people had Rebelled against Tarquin and his son had surprised many of their chief leaders he sent unto his father to know what he should do with them the King being in his field paused a while and then summa Papavera carpsit with his staffe chopt off the heads of diverse weeds and thistles and gave the messenger none other answer but go and tell my son what I am doing and his Son understanding his meaning What Tarquin did to Rebels did with them as Tarquin did with the Poppies so many Kings would have done with
things fitting for the Majesty of a King and all the other Kings of the Gentiles did the like as well they might if it be true that some of them thought Quicquid habet locuples quicquid custodit avarus Gunterus Jure quidem nostrum est populo concedimus usum But also Solomon 1 Reg. 12.4 Tertul. to 3. de pudicit c. 9. Pamel in Tertul and all the rest of the Kings of Israel required no small aid and tribute from their Subjects for though Tertullian out of Deut. 23.17 reads it there shall not be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vectigal pendens a payer of tribute of the sons Israel yet Pamelius well observes it that these words are not in the original but are taken by him out of the septuagint which also saith not of the sons but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the daughters of Israel that is ex impudicitia lupanaribus for their dishonesty as it is said in the next verse that the hire of a whore and the price of a dog Deut. 23.18 Aug. de Civit. dei l. 10. c. 9. are an abomination unto the Lord and so S. Augustine useth the word Teletae for those unchaste sacrifices wherewith such women did oblige themselves and so doth Theodoret likewise but that the Jewes paid tribute it is manifest our of 1 Sam. 17.24 where this reward is promised to him that killed Goliah 1 Sam. 17.25 in vulgata editione 2. reg 11.28 that his father's house should be absque tributo free from all tribute in Israel therefore certainly they paid tribute and to make it yet more plain Solomon appointed Jeroboam super tributa universae domûs Joseph saith the vulgar latine over all the charge or burthen of the house of Joseph that is of the tribe of Ephraim and Manasses as our translation reads it Barrad to 2. l. 5. c. 21. p. 340. and he appointed Adoniram the Son of Abda over the tribute 1. Reg. 4.6 Yea though the Jewes were the people of God and thought themselves free and no wayes obliged to be taxed by foreign Princes that were Ethnicks yet after Pompey took their City Josephus l. 15. c. 18. they paid tribute to the Romans and our Saviour bids us nor onely to obey but also to render unto Caesar what is Caesar's that is not determining the quota pars how much as he doth the tenth unto the Priest but indefinitely some part of our goods for subsidies imposts aids loanes or call it by what name you will and rather then himself would omit this duty though he never wrought any other miracle about money yet herein when he had never a peny Barrad to 2. l. 10. c. 32. p. 317. he would create money in the mouth of a fish as S. Hierom and the interlin glosse do think and command the fish to pay tribute both for himself and his Apostle Therefore we should render unto Caesar what is Caesar's that is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which the Greekes take promiscuously though the Civilians distinguish them de solo fundo de bonis mobilibus de mercibus of our grounds of our goods of our merchandize we ought to pay subsidies aid and tribute unto our King and that not sparingly nor by way of benevolence as if it were in our power to do it or not to do it sed ex debito but as his due jure divino regulâ justitiae as his proper importance annexed unto his Crown for I take it infallibly true which Suarez saith Suarez de leg l. 5. c. 17. n. 3. fol. 316. Tribute due to the King acceptationem populi non esse conditionem necessariam tributi ex vi juris naturalis aut gentium neque ex jure communi quia obligatio pendendi tributum it à naturalis est principi per se orta ex ratione justitiae ut non possit quis excusari propter apparentem injustitiam vel nimium gravamen the consent of the people is not any necessary condition of tribute because the obligation of paying it is so natural springing out of the reason of justice that none can be excused for any apparent injustice or grievance and therefore the Parliaments that are the highest representations of any Kingdome do not contribute any right unto Kings to challenge tribute but do determine the quota pars and to further the more equal imposing and collecting of that which is due unto Kings by natural and original justice as a part of that proper inheritance which is annexed unto their Crownes And therefore our Saviour doth not say give unto Caesar but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the same word which S. Paul useth Matth. 22. Rom. 13. Latimer in Mat. 22.21 when he biddeth us to pay our debts and to owe nothing to any man saying 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pay to every man that which you owe and Father Latimer saith if we deny him tribute custome subsidie tallage taxes and the like aid and support we are no better then Theeves and steale the kings dues from him Navar. apud Suarez de legibus sol 300. fol. 311. because the Law testifieth tributa esse maximè naturalia praeâ—se ferre justitiam quia exiguntur de rebus propriis and Suarez saith penditur tributum ad sustentationen principis ad satisfaciendum naturali obligationi in dando stipendium justum laborauti in nostram utilitatem tribute is most naturall and just to be paid to the king for our own good therefore Christ pleading for the right of Caesar that was a Tyrant saith not give unto him quia petit because he demands it but pay unto him quae illius sunt the things that are his and are due unto him even as due as the hirelings wages which we are commanded not to detain for one night because this is a part of that reward and wages Deut. 24.15 which God alloweth him for all his pains and cares that he takes to see Justice administred in the time of Peace and to protect us from our enemies in the time of War which makes the life of kings to be but a kind of splendid misery wearing many times with Christ a Crown of Thornes a Crown full of cares while we lap our heads in beds of downe and therefore it is not only undutifulnesse to deny him or unthankefulnesse not to requite the great good that he doth unto us but it is also a great injustice especially if we consider that as Ocham saith Qui est dominus aliquarum personarum est Dominus rerum ad casdem personas spectantium omnia quae sunt in regno sunt regis quoud potestatem utendi eis pro bono communi Ocha tract 2. l. 2. c. 22. 25. to detain that right from him which God commands us to pay unto him and that indeed for our own good as Menenius Agrippa most wittily shewed unto the People of Rome when they murmured and mutined for these
it is most lamentable to consider how many thousands they have murdered 7. How they loosened the reins to all lust hoc fonte derivata clades in patriam populumque fluxit Horat. car l. 3. 8 How they are like Argivi fares 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ps 94.12 9. How they belyed all sorts of good men Quomodo Deus pater genuis filium veritatem nempe sic diabolus lapsus genuit quasi filium mendacium Aug. super Ioh. Habac. 2.9 Gildas de exci dio Britan. and how they are thought worthy of the greatest honour and the best reward that have killed most of God's faithfull servants and the King 's loyal Subjects 7. For adulteries Fornications and all Uncleannesse they may now freely do it lust may flow like the river whose bankes are broken down when they have overthrown those courts of Justice and were never at rest till they had most violently suppressed the power and execution of all Ecclesiastical censures that were the chiefest bars and hindrances of these unlawful lusts 8. For stealing they have changed the name but not the nature of it for under the pretence of preserving to us the propriety of our goods they have not stolne but plundered away that is robbed us of all our goods and carried them into those Rebellious Townes that are now the dens of these thieves and are stronger in their wickednesse then the hils of the robbers and that which makes this sin most sinful is that it is established by a Law 9. They have justified the Cretans and proved themselves the right bastard sons of the father of lyes filling all and every corner of this Kingdome with palpable intolerable and incredible lyes slanders and false witnesse-bearing against God against his Anointed against the Church and against all the reverend governours of the Church all religious Protestants all the loyal Subjects of this Nation that the Angels do now blush and the Devils do laugh and rejoyce to see they are so fruitful in begetting so many Children so perfectly formed and so compleately perfected in their own image and likenesse and if ever the saying of Gildas was true they have proved it now Moris continui gentis erat sicut nunc est ut infirma esset ad retundenda hostium tela fortis ad civilia bella infirma inquam ad exequenda pacis ac veritatis insignia fortis ad scelera mendacia 10. They have coveted an evil covetousnesse 10. The extent of their covetousnesse when they coveted all evil unto themselves not onely their neighbours houses goods and lands and all that are theirs but also the patrimony of the Church the revenues of the Clergy and all the rights and prerogatives of the King to be entayled upon themselves and their faction that so they and theirs might be both Kings and Priests and all not to God but to themselves and their fellow Rebels in the government of this Kingdome And as they have thus transgressed all the old Commandments of the Law How they transgressed the new commandment of the Gospel Gen. 4.9 so they come no wayes short in transgressing the new Commandment of the Gospel for their love to their brethren is now turned to perfect hatred when they say not with Cain am I my brothers keeper but with Apollyon I will be the destroyer of my brethren neither will I sell them as the brethren of Joseph did him unto the Egyptians but I will send them if I can possibly quick to hell let those Lâ—yal subjects that have been unexspectedly murdered and those many thousands that have beene plundered of all their Estates testifie to the World the love of these men unto their brethren who have felt more cruelty and barbarity and less charity from these holy Saints then could be expected from Jews Turkes and Pagans 23. Though every sin deserves the wrath of God How they have committed the 7 deadly sins Rom. 6.23 as the Apostle saith in general the reward of sin is death be it little or be it great yet because some sins do more provoke the wrath of God and do sooner produce this deadly fruit then other sins the Divines have observed seaven special sins which they terme the seaven deadly sins and these also you may finde committed in the highest degree by these factious Rebels For 1. Pride which is an high conceit of a mans own worth 1 Their Pride Quid juvat O homines tanto turgescere fastu Nam ut ait Comicus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 far beyond his just deserts and therefore believing himself to be inferiour to none scorns to be subject unto any is the Father that produceth and the nurse that cherisheth all rebellion and our Parliamentary faction together with the Assembly of their Divines thinking themselves holyer then the Saints and wiser then their Brethren have therefore made this unnatural war to destroy us all because we will not subscribe with them to destroy both Church and State this is the fruit of pride but the punishment is to be resisted by God who throweth damnation upon their heads because they resist the ordinance of God 2. Pride cannot subsist without meanes therefore covetousnesse must support it and I shewed you before how covetous these Rebels are not of any good 2. Their Covetousnesse Sacrilegia minuta puniuntur magna jam in triumphis feruntur Senec. ep 87. 3. Their luxury Certa quidem tantis causa est manifesta ruinit Luxuriae nimium libera facta via est Propert. eleg 11. l. 3. 4. Their envy but of our goods and of our lives that they may enjoy our lands even the lands of the Church that they may take the houses of God in possession which may prove to them like Aurum Tholosanum or as Midas gold that was the destruction of that covetous wretch 3. Their luxury and lust must needs proceede from fulnesse and pride and I beleive it is not unknown to many how these Rebels spend their time in revelling and feasting chambering and wantonnesse which though never so secretly done by them in the night yet are they publickly seene in the day and seene to their shame if they could be ashamed of any thing 4. How envy hath possest their souls it is almost beyond all sence to consider it they envy that any man should be king and themselves subjects that any man should be a Bishop and themseves Priests or that any man should be rich and themselves not so wealthy therefore they will needs pull down what themselves cannot reach unto 5. If Epicurus were now living or Sardanapalus came to these mens feasts 5. Their Gluttony and drunkennesse they might think themselves the teachers of sobriety and the masters of abstinency in comparison of these new gulists who make a God of their bellies and fare deliciously every day that they can get it more deliciously then Dives it is incredible to consider what they