to Princes Leagues are made for the conservation of peace mutual aide commerce and trade They have more of reality in them then to be accounted but as meer personal obligations they mutually oblige as they mutually benefit the Princes their Successours and subjects And therefore to hold that all Leagues are void by the death of those Princes that made them is a great and dangerous errour Imperator percussit foedus videtur Populus percussisse Romanus foedere continetur Seneca The mutual benefit of both Prince and People is conjoyned and involved one neither can nor ought to take benefit by them with the excluding of the other When Henry the Third of France was dead the League made by him with the Switzers did continue in force Thuan. lib. 97. and upon this reason quia non tam cum Henrico quam cum Corona Franciae contraxisse quae nunquam intermoriatur ita Rex dicitur nunquam mori sed mortuum Regem vivo proximo regnum tradere These contracts which are juris Gentium juris publici quia ex publica causa sunt as are leagues do bind each other and their Successours in many cases Baldus Peregrin de Jure Fisci Gentil de Jure bell without express mention quia facta sunt non nomine proprio Principis sed sub nomine dignitatis suae Reipublicae sunt de natura consuetudine ossicii dignitatis Regiae in figura magis Principatus quam suae propriae personae Tenentur successores aut numquid nihil est cautio ista toties usurpata in foederibus Ayala Grot. de jure bel Tenentur successores per has publicas Conventiones quae non nomine proprio sed Reipub. incuntur quae aequè repraesentatur per successores ut per cos qui sunt hodiè It were most unjust and absurd to deprive Princes who are the League-makers and principally concerned in them of the benefit of their leagues by their Subjects rebellion who to receive any benefit by Leagues or Lawes is contrary to the intention of all who make them and destructive to the Majesty and security of all Monarchies and States Beneficium quod habeo propter te Gentil de legationibus non possum uti contra te Cum Praedonibus rebellibus non est jus legationis foederum Delinquendo non acquirenda sunt jura nam jura violantibus jus non violari sed potius redâ—i si non praestetur In talium scelerum noxios nullam vim injustam esse The Romans complaining of the injuries they had received from the Hircani who answered the Romans as did the Sabines That they had made a League wich Tarquine the Roman King whom they having deposed and abolished the Regal Government Dionys Halicar Livius those Leagues were determined with the People of Rome Although the league might be in force with and for the benefit of the King expulsed and his Heirs and Successors Grot. de Jure belli cum Rege initum foedus manet etiamsi Rex aut Successor regno à subditis sit pulsus Jus enim Regni penes ipsum manet utcunque possessionem amiserit The Emperour Justinian answered the Vandals Procopius requiring the benefit of a League that he would break no league with them neither make war against them but against the Tyrant and Usurper who had dispossessed their lawful King and held him in captivity The Roman General Quintus answered the Usurper of Sparta Livius We have made no league nor friendship with thee but with Pelops the lawful King for the very mention of Peace or amity with a Usurper our ears cannot endure And thus when Spartacus such another had gotten strength and made wars by the help of a rabble of thieves against the Romans he sent to Cressus to make a league with him but he rejected it with much scorn as most unworthy the Roman name Tacitus quanquam tunc ingentibus bellis labasceret Respub non tamen datum erat Spartaco ut pacto in fidem reciperetur non alia magis sua Populi Romani contumelia So the Emperour Tiberius was exceedingly offended at the presumption of Tacsarinas the great African Robber for sending Ambassadors unto him Tacitus Florus Indoluit Tiberius quod desertor Praedo more hostium ageret for such are in the rank of those qui foedus humani generis ruperunt Some are of opinion that in an Aristâ—â— aâ—â—cal or Democratical Government if civil war happen both parties seeming to be of equal right and ballance as in that between Caesar and Pompey the Guelfs and Gibelines may send and receive Ambassadors for they are not in the condition of Rebels etsi pereas dissentiones Respublica laeditur L. 21. F. de Captivis non tamen in exitium Reipublicae contenditur qui in alterutras partes discedunt non sunt vice hostium as was said before when two are in competition for a Crown Yet are there diverse examples of Princes and States that in this case would decline all dealing with either party unless for their own interest and advantage and answer as those of Marcelles did unto Caesar in his war with Pompey that they being the Allies of the people of Rome it did not belong unto them to enquire which had the justest cause If either of them would come as friends to Marcelles they would so receive them but if either of them came in any hostile manner they should find from their State no friendly complyance They were not obliged to aid either Caesar or Pompey although they were the Allies and confederates of the Romans neither ought any to have engaged themselves in that pernicious faction of the Guelfs and Gibelines unless it had been to suppress them The case was more ambiguous in the war between the Houses of York and Lancaster yet so as we may not take for a rule that shift used by Lewis the Eleventh who being required by Edward the Fourth to send him aid against Henry the Sixth according to a former league between them answered that the League which was made by him was with the King and Kingdome and he held himself obliged to aid him onely unto whom the Kingdome did adhere Comines Bodin and declare for their King like that saying of an Earl taken Prisoner at Bosworth field who being demanded why he took Arms for the Usurper Richard the Third answered that if the Parliament had set the Crown upon a stock he would have fought for it Camdens Remains The Parliaments in those times did not take on them to dispose of the Crown and so did the Parliament answer Richard Duke of York father of Edward the Fourth when he pressed them to declare his Title against Henry the Sixth Those who affirm that the change in the State and Government doth dissolve former Leagues seem to affirm it upon such change as is fairly effected
tua res agitur licet aedes demoliri vicini ne ad nos incendium veniat The Romans would not suffer an increase of power by iniquity L. 49. F. ad leg Aquil. l. 3. F. de Incendio l. 7. F. quod vi aut clam Salust Cicero Majestatis erat Populi Romani non pati cujusquam regnum per scelus crescere It was none of the least branches of the Romans glory who were the mirrour of magnanimity that their Common-wealth might truely be reputed Patrocinium orbis terrae potiùs quam Imperium Regum Nationum portus perfugium But yet the Romans were seldome losers by protecting and ayding others for by that occasion they got much of their dominions Salust Cicero Populum Romanum sociis defendendis terrarum omnium potitum fuisse God gave them as some say universal dominion for their excellent vertues and laws others say it was given them to scourge the tyranny and vices which did raign amongst other nations and to end the discord and contentions amongst them From the discord of Citizens Strangers take their opportunity against them Livius The Carthaginians first passed into Cicily to take part with one side in a Civil war but they endeavoured to make a prey of both For sometimes neighbour Princes have as in the fable plaid the part of the Kite between the Mouse and the Frog and ended their strife by gaining that and more then that for which they did contend as the Turk did in Hungarie when they called for his assistance And thus other Princes have dealt with the Italians at war amongst themselves until strangers got all or spoiled all they left behind them Other Princes when their Neighbours have been in Civil war have endeavoured to break the course thereof and joyned with one side lest when both were weakned the whole should fall into the hand of some potent neighbour or enemy of theirs The Roman General Quintius offered his assistance to the States of Greece Livius lib. 34. to destroy Nabis the Usurper of Sparta lest the contagion thereof should spread farther and take hold of the other Common-wealths and Cities of Greece CHAP. XVII Of the King and of his power in Parliament THese pretended Patrons of Popular liberty or rather of licentiousness and confusion can find no way so meet in their conceit for maintaining their Plots as parity in Ecclesiastical Government which being once established in the Church by the example thereof King James book to his Son the Politick and civil State should be drawn to the like And therefore they will have an actual power to be joyntly in the People with their Soveraign in making of Lawes which they call their Legislative power in Parliament so as they would leave unto the King little or no power with his negative voice and would weaken all his rights in Parliament but especially his right of dissolving Parliaments They would make him inferiour to the Roman Tribunes of the people Livius Plutarch for any one of them by his negative voice could cross that which his Colleagues proposed to the People and any two of them could stop all proceedings and dissolve all the solemn assemblies of the people called by the authority of the other Tribunes But say what they can they cannot find his Legislative power to be any other thing then the Regal power and a principal part and branch thereof although in many cases it be very justly restrained in the use and exercise thereof to the Kings sitting in his Parliament his Supream Court and Councel with all the estates of the Kingdome but this is not in respect of any power or original and habitual right inherent in the people The Commons are called by their Writ ad faciendum consentiendum his quae de Communi consilio Regni nostri ordinari contigerit as were the people by the ancient Canons of the Church called to the election of their Pastors and Prelates Distinct. 63. c. 1. c. 12. c. 8. c. 36. non quod debent imeresse ut eligentes sed ut consentientes nullus invitis pepulis non petentibus ordinetur ne Lpiscopum non optatum aut contemnant aut odiant Is eligatur qui à Clericis electus à Plebe expetitus fuerit nec alitèr ascribitur Matthias Apostolorum Collegio Acts 1.15 6.2 Cpyrianus nec aliter septem Diaconi creantur quà m Populo vidente approbante Haec exempla ostendunt sacerdotis ordinationem non nisi sub Populi assistentis conscientia fieri oportere And thus by the same reason and equity it is that Lawes which bind the estates and lives of men and are for the common good of all and singular Persons should be made in the great Council and supream Court of the Kingdome by the advice and assent of all the Estates of the Kingdome By which course the just rights and liberties of the people are preserved and taxes and levies of money on the people imposed onely by Parliamentary authority as they ought to be For thus the People are induced and ingaged to a willing observation of those lawes and submission unto those impositions for the making and raising whereof they have given their consent It was said long since by a wise man that in ancient time and to the honour of England Commines it was best governed of any Kingdome the People least oppressed the Kings living upon their own revenues subsidies granted but onely for war with France or Scotland and the war undertaken by the advice of Parliament by which means the King was the stronger and better served and he addeth also that Princes cannot levy on their Subjects without their consent If we look upon our most ancient Statutes or rather Charters of our Kings and the form and stile of them we shall find no Character of any legislative power in any but in the King neither so much as the Peoples concurrence or consent in any Parliamentary way It appeareth in our ancient Histories Mat. Paris Hoveden alii that during the Raign of diverse Kings after the Norman Conquest the Kings when they called their great Councel or Parliament the summons went only to the Prelates Earls and Barons and in some of those Histories there is mention of calling the Commonalty and diverse sage and wise men In Kings Johns time the first summons upon record appeareth to the Prelates and Peers S. Rob. Cotons collections and something may be gathered although darkly of the admittance of the Commons Before that time every man by his tenure held himselfe to his great Lords will in whose assent his dependent Tenents was included These were long after the Conquest taxed and assessed by the consent of their Lords of whom they held who enjoyed great Regalities in their Signiorîes and were to their vassalls totidem Tyranni saith Mat. Paris These great Lords did so curb and restrain
inconstant in the use and observation of them Julius Caesar said of Cato his mortal enemy that he shewed himself both a good man and a good Citizen by opposing the changes of the State and Government Salust mutationes in Republica caedes hostilia portendunt especially if the changes and alterations are driven on by violent and pertinacious Spirits who if they obtain their desire in having any antient Laws and customes changed their Countrey shall find the smart as did the Roman State Valerius Max. lib. 9. cap. 1. when the Senate yielded thereunto quia non providerunt ad quod tenderet pertinax studium eorum quò se usque effusura esset victrix legum audacia Livius lib. 1. tentari patientiam tentatam contemni ut si jugum acceperint obnoxios premat As some men ask unreasonable things but to draw others to yield unto that which is reasonable so others by granting unto some men more then reason doth require do imbolden them to press more unjust and insolent demands The alterations in the State and Government procured by those who have the supream authority if they are not discreetly handled and effected by degrees in an orderly course and carried still on with the ease and contentment of the people they will in short time be disquieted and either turne back into the old way like sheep driven or violently run head-long into some new Salust Jus quod invaluit quod viget quod inharet animis hominum non semel sed pedetentim tollendum esse quoniam Populus non facile dediscit aut deutitur quod insnevit And therefore those Innovators who try experiments upon a State and upon the peoples disaffection to the present government and thereupon lay the cheif foundation of their designs without some other stronger assurance have often failed and have found themselves and others with them utterly ruined through the suddain and violent ebbing and flowing of the Peoples passions and affections The fear of this caused the Roman State when they had expulsed their King Tarquin not to rest upon the Peoples present violent hatred of the Regal Government and their oath freely taken never to admit Monarchy but for the future security of their usurped Government the Senate gave the People the spoil of all the Kings goods and of theirs who adhered unto him ne quis expers sceleris esset saith Livie that there might not be any who had not a hand in that foul fact and thus to set farther all hope of reconciliation with their King yet unto this the Senate added as the most effectual means to assure the Peoples affection their continual carefor provision of corn victuals and all necessaries at cheap rates together with freeing the Commons from heavy taxes and burthens and laying them upon men of most wealth and ability and upon Commodities superstuous and least necessary For the State being not come unto full growth and maturity might by many accidents have been destroyed Livius had it not been fostered and trained up por tranquillam moderationem Imperii et per multa blandimenta Plebi por id tempus ab Senatu data by a gratious Goverment and by entertaning the Commons at that time with courtesies and favours By which smooth dealing and indulgence of the Senate and Nobles the City was afterwards kept in liking of their new Government notwithstanding the strong opposition of the Tarquines and their party so as the meanest as well as the highest who were most ingaged and interessed continued altogether in the hatred of Monarchical Government and in the love of the new The alterations in the Church and the government thereof how pernicious they are we find especially being wrought by faction violence and tumults Vim Patriae afferri as Cicero saith These cause great distractions in the minds of men raise daily cross and counterspirits occasion the Religion professed and established to be traduced and do open an entrance to Atheism and to the weakning of all those facred bonds which preserve all Laws and obligations in humane society For then oaths are not regarded by those men nor the consciences of any other men in their pressing these Alterations in the Church neither the conscience of their Soveraign nor his solemn oath at his Coronation which oath is a supporter and an Epitome of out Magna Charta the confirmation of all our liberties By which oath the King is obliged to save and keep inviolable all the rights and liberties of his People and also those of the Church This oath they inforce the King to break in as much as concerneth the Church and the rights thereof and leave the People to the challenge of their rights and liberties by and from the vertue of this broken oath In both Kingdoms of England and Scotland he took an oath Episc Winton Tontur Ton. de conservandà in statu suo illo colendi Dei formulà quae publicè recepta utriusque gentis legibus stabilita esset Their consciences some of them would seem much to regard this in which respect they pretend that they cannot admit the Common-Prayer Book neither those Ceremonies in the Church which are by Law established and yet most of them although they cannot swallow a ceremony they can devour that which is holy and account it no snare Prov. 20.25 even as easily as they can digest their wilful breach and violation of the oaths of Supremacy and Allegiance in ordine ad spiritualia for the advancement of the holy cause and the Kingdome of Christ But Calvin giveth them a rule for their consciences concerning Church Government and concurreth with Melanchthon men in great esteem when their Presbytery was in the infancy viz. aliquando aliquod onus aliquam servitutem tolerandam esse si non sit iniquitatis sed pressurae lest by being over indulgent to our weak and erroneous consciences we give an offence to others violate the Peace of the Church and shew our contempt of Authority and of that which hath been established with prudence and piety We ought well to consider what things are of Divine right and precept and what are properly positive and Ecclesiastical constitutions what things are of Divine Right according to the matter and substance and are of humane institution according to their forms prescribed All are of weight although not equally What ought to be perpetual in the Church and what is changeable by positive Laws What is Moral what is Ceremonial lest the defects of our judgement cause us to abound in our own sense and lead us into an erroneous or perplexed conscience Some things are of Divine institution and right yet do not alwayes belong unto faith Bish of Winchest Epist to P. Moulin they belong to the agenda or practise of the Church to the credenda or points of faith they may not properly be referred Somewhat may be wanting that is of Divine right at least in
charge of raising Sedition when the malice hath been greater then the matter and no other special crime could be found So Saint Paul was accused for being a pestilent fellow and a raiser of sedition Tertullian saith Christians in his time were called hostes publici enemies of all Common-wealths and Suetonius doth most impiously say Judaeos impulsore Christo assiduò tumultuantes In vits Claudii l. 15. hist and so Tacitus saith that Nero Reos quaesitissimis poenis affecit quos per flagitia invisos vulgus Christianos appellabat unde quamquam adversus sontes novissima exempla meritos miseratio oriebatur tanquam non utilitate publica sedin saevitiam unius absumerentur thus happeneth to all a like measure who lye under the publick hatred It is true that the change of Religion in Germany and in other parts of Christendome was driven on in a tumultuary course and was not wrought in such a calm as it was in England where these changes went formerly in an orderly and quiet passage under the conduct of a Royal power and a prudent Council of State Religion changed as it were by degrees and insensibly all things seeming to remain in the same course and state as before and as one observed it was in those times so carried with us ut Catholicam religionem sine sensu Plebs exueret cultu in specie eodem manente The Parliaments in England in those times gave much countenance and authority to those alterations with the People The Kings and Queens would hardly have effected it Regiâ manu notwithstanding their power and the love they had of their People The Parliaments were wrought not onely to ratifie Riba Jinera del Schismad Ingla terra but to be petitioners for those changes in Religion A stranger writeth that when Queen Elizabeth came to the Crown religion was not altered with violence and bloud as in France Scotland and the Low-countryes but changed and established by Laws by Royal mandates and with Parliamentary concurrence which saith he hath been a subtil and powerfull invention armed with the authority of Prince and Kingdome for the sure rooting and settlement of sects and heresies These quiet alterations formerly were even marvellous in our eyes Lord Chanc. S. Albans of the union between England and Scotland and as it were a selicity peculiar unto our nation as was said of that change upon the death of Queen Elizabeth and the coming in of King James who acknowledging to the Lords of England their great loyalty in his coming to the Crown said that it was a success above the course of nature to have so great a change with so great a quiet In Germany France Scotland and other parts of Europe many of the Contrivers and Actors in the reformation of religion did neither sapere ad sobrietatem neither agere cum sobrietate especially when they were strongly opposed and perceived divers designs for their destruction for some of them had a mixture in their heads of the Anabaptistical leaven and were infected with that fury Insomuch as Bucer a man of great learning and moderation would often say unto them that in their great heat of zeal in rectifying the service of God and reforming the Church good order and discipline failing amongst them the tumultuous and seditious persons were not chastised neither any order and decency in the service of God observed and therefore their laudable endeavours would not long last neither happily succeed for the discreet and moderate men amongst them and those in greatest authority were oftentimes compelled to suffer many enormities and outragious actions lest by enforeing correction and discipline they should lose the assistance and affection of their own party Tacitus The Captains durst not take the boldness to punish as the fouldiers did to offend voluntary obedience maketh the command and power weak as is that power which cannot subsist by its own streng Before Luther was in his grave and when his reformation was but in the infancy some who seemed or were reputed his disciples brake out of their pretended integrity through an over zealous and irregular desire of reformation into abominable opinions and furies tending to the destruction of all Goverment in Church and Common-wealth And Luthers doctrine also meeting with divers of weak and turbulent Spirits over greedy of reformation and abounding with wild zeal or Spiritual pride all the precious liquor they received turned into gall and vinegar and from these did seeds soon spring up which raised a swarm of * These Anabaptists then started up and declared that they had speech with God who commanded them to destroy all the wicked and to taise a new world in which the godly onely should live and reign Sleidans Comment lib. 3. Fox Acts and Monuments Anabapâ—iâ—ts and other fanatick Sectaries which made themselves a new Gospel of Licentiousness and Rebellion and scorned Luther and his doctrine at last And although after they had done much mischief they were suppressed yet they scattered such seeds as the fruits thereof do now exceedingly afflict the Church and cause great disturbance which to plous men is the greatest persecution August de Civit Dei l. 18. c. 51. for this afflicteth their hearts and souls qui patiuntur hanc persecutionem non in corporibus sed in cordibus est persecutio intrinseca extrinseca Caus 7. quast 1. cap. 48. By this we may see what hath moved Princes and Common-wealths not to tolerate divers religions or any thing different from the religion established Platina Mahometanaem sectam latè sparsisse se dum religionis nostrae capita inter se diffident sic factum est ut ad Mahometanos partìm vi partim spome deficerent populi hinc amissam Ecclesiam Antiochenam Alexandrinam Hierosolymitanam August de Civ Dei lib. 18. cap. 51. Multi volentes esse Christiani propter eorum diffentiones haesitare coguntur multi Maledici in his inveniunt materiam blasphemandi Christianum nomen quia tales Christiani appellantur The Devil saith Saint Austin doth stir up Hereticks who under the Christian name do resist the Christian doctrine The Romans had ever a circumspect eye and carried a severe hand on those qui nova sacra peregrinos ritus introducebant and they ordained Valer. Max. ne qui Dii nisi Romani Dii neque ullo modo quà m patrio colerentur * By the Divine law he that sacrifi ceth to any god saving to the Lord onely shall be destroyed Exod. 22. The Prophet or dreamer shall be put to death who doth intice to the service of other gods Deut. 13 5. and the ichabitants and the city shall be destroyed that serve other gods Deut. 13.15 16. For as Livie saith the wisest and most skilful in all divine and humane lawes held nothing so forcible to overthrow Religion as when the Divine service is celebrated after some strange and forreign course and not