34. a. b. Sunt sub Rege liberi homines servi omnis sub co est ipse sub nullo nisi tantum sub Deo Si a Rege petaâ—ur cum Breve non currat contra Râ—gem locus erit supplicationi quod factum suum corrigat emendat si non fâ—cerit satis erit ei ad poenam quod Dominum expâ—ctet ultorem de chartis Regiis factis Regum nec privatae nec justitiarii debent disputare There are under the King freemen and slaves and every one is under him and he under none but under God onely If ought be desired of the King since a Writ cannot go forth against the King an intreaty must come in stead that he would correct and amend his doing if he do not it will be punishment enough that he expect the Lord to be the avenger Of the Royall grants and actions of the King neither private persons nor Judges ought to 〈…〉 ute To the same purpose Thomas de Wâ—lsingham mentions a letter written â—o the Bishop of Rome in the name of the whole Kingdom from the Parliament held at Lincoln Anâ— Dom. 1301. wherein are these words Scimus Pater sanctissime notorium est à prima institutione Regni Angliae tam temporibus Brittannorum quà m Anglorum quòd certum directum dominium ad Regem pertinuit neque Reges Angliâ— ex liberâ praeeminentiâ Regiâ— dignitatis consuetudine cunctis temporihus observatâ câ—ram aliquo judice Ecclesiastico vel seculari responderunt aut respondere debebant We know most holy Father and it is manifest from the very beginning of the Kingdom of England as well in the times of the Brittaines as of the Angles that the certaine and direct Dominion hath belonged unto the King neither have the Kings of England by reason of the unbounded preheminence of the Royall dignity and custome observed in all ages answered or ought to answer before any Judge Ecclesiasticall or Civill An Objection But you will thus object From whom the King receiveth His power to them He is accountable but from His people the King receiveth his power As Fortescue delivers c. 13. Ad tutelam Regis subditorum ac eorum corporum bonorum Rex erectus est ad hanc potestatem a populo effluxam ipse habet A King is ordained for the defence of the Law of his Subjects and of their bodies and goods whereunto He receiveth power of his people Therefore to his people the King is accountable The Answer Did the maker of this objection rightly set down the words of Fortescue he might easily answer himselfe For it is not barely Rex a King but Rex hujusmodi such a King meaning a King whose government is meerely politique But the government of England is not meerely politâ—que nor meerely regall but mixt partly regall partly politique as he saith presâ—ntly after Regnum Anglâ—e ex Bruti comitivâ Trojanorum in Dominium politicum regale prorupit The Kingdom of England out of Brutus his retinue of the Trojans first grew into a politique and regall Dominion And in the 9 cap. Rex Angliae principatu nedum regali sed Politice suo populo dominatur The King of England governeth his people by Dominion not onely regall but also politique How it is regall and how politique doth plainly appeare by what hath been before spoken For in regard all power and authority is from him and he holds his Kingdom and therewithall his power from God onely it must needs be that his government is regall And in regard he is tied to the observance of the Laws of his kingdome whereby Potestas regia lege politicâ cohibetur Fortos c 9 the power regall is restrained by a law politique it must needs follow that this government is politique So that in refâ—rence to his power he is a regall King in reference to his duty he is a politique King The objection therefore being grounded upon Fortescues words of a kingdome meerly politique does not concern our kingdom Another Objection He who iâ— under the Law may be called to account for his actions but the king is under the Law Bracton fol. 5. 6. Ipse Rex non debet esse sub homine sed sub Deo sub Lege quia Lex facit Regem The King himselfe ought not to be under man but under God and under the Law because the Law makes the King The Answer We must here call to mind that there is a twofold power in the Law A directing power and a correcting power In respect of the former the King is under the Law that is to say the Law is the line and rule whereby the will of the King is guided and directed and in this sense Bracton spake In respect of the latter the King is not under the Law For how can we possibly conceive that he who giveth life to the Law should by the Law offer force unto himselfe and compell himselfe He that is under the former power onely is accountable to God onely for his actions as the King But he that is under both powers of the Law is accountable both to God and the Law as is every Subject In respect of the former the Law is the object and rule of Iustice and so the King is under the Law In respect of the latter the Law in the instrument of Iustice and so the King is not under the Law but the Law is a means serving the King to govern his people Take an example A servant who guides and directs his ma 〈…〉 r as he is a guide is superiour to his master but consider him as an instrument and servant unto his master and though he be never so wise and upright yet his master is above him And as the Law is said to be above the King so in the same sense His Councell may also be said to be above him that is in respect they guide direct and advise the King in the governing of his people For so saith Fleta l. 1. c. 17. de Iustic substit Rex habet in populo regendo superiores Legens per quann factus est curiam suam videlicet Comites â— Barones The King hath superiours in the governing of his people the Law by which He is made and His Councell to wit the Earles and Barons A Doubt But here a scruple may arise what Fleta and Bracton should meane when they say The Law makes the King Resolved I answer There are two singular and excellent benefiâ—s which by the Law redound unto the King The one is The Law does declare and publish unto the people the Kings right unto the Crown so that they quietly and willingly receive Him as their King and submit unto Him The other is The Law does support and strengthen Him in His Throne In both which respects it may well be said That the â—aw makes the King and so my Lord Cook spake right when he told King James That the Law
the world may learn righteousnesse Iâ—a 26. 9. The fourth Objection When Joram King of Israel sent to take away the head of Elisha as he sate in his house with the Elders ere the messenger came to him he said to the Elders see ye how this son of a murtherer hath sent to take away mine head Look when the messenger commeth shut the doore and hold him fast at the doore 2 K 6 32. Therefore to preserve our life we may resist the Kings Officers and by consequence the King The Answer This conclusion is not rightly inferred For it is one thing to hold a messenger fast and another thing to resist strike or slay him The former does delay the execution oâ— the Kings command the latter is a high contempt of his power But if we observe the text Elisha had just cause to command what he did not so much to preserve his own life as to perform the will of the King For as God had revealed unto him the comming of the messenger and his message So he likewise revealed unto him that Joram was sorry for sending the messenger and that he himselfe was comming after with all speed to recall his command This is implied in the reason which he gives why they should shut the doore and hold him fast at the doore to wit is not the sound of his masters feet behind him As if he should say hold the messenger a while Mox enim Rex ipse aderit mandati jam paenitens For by and by the King himselfe will be here who at this very time repents him of his message Joseph Antiqu. Jud. l. 9. c. 2. Theodoret in 4. Reg. Interrogat 22 Lyra to whom if need were I could adde many moderne interpreters who all agree in this Exposition Wherefore this endeavour of Elisha to hinder the execution of that command whereof he knew the King repented and which the king in person did haste to prevent was no resisting nor disobedience but his duty and the ready means to effect the will and desire of his Soveraigne The fift Obiection Jehu conspired against the said Joram and killed him 2 K. 9. 14. 24. and was approved and rewarded by God ch 10. 30. Therefore to kill a wicked Prince is lawfull The Answer This act of Jehu was extraordinary and by the particular command of God as appeareth by the words of the young Prophet when he powred the Oyle on his head 2 K. 9. 6 7. Thus saith the Lord God of Israel I have anointed thee King over the people of the Lord even over Israel And thou shalt smite the house of Ahab thy master Therefore what Jehu did in obedience unto the speciall revealed will of God cannot be a patterne for us So Peter Martyr loc com â—lass 4. c. 20. Vnum tantùm Jehu contra Dominum suum armavit Deus quod ut peculiare fuit ita non est in exemplum trahendum God armed one only Iehu against his Lord and master which because it was peculiar and extraordinary is not to be drawn into example And a little after hee hath this observation Certè si populo sit fas Regno deijcere injustè imperantes nulli Principes aut Reges usquam tuti erunt quamvis enim probè ac sanctè regant non tamen populo satisfaciunt If it bee lawfull for the people to depose those who governe unjustly then verily no Princes or Kings shall ever be safe for though they may rule well and uprightly yet perhaps they doe not satisfie the people The sixth Objection They who make the King may depose the King and consequently take up arms against Him But the people make the King as you see in the first of Sam. 11. 15. And all the people went to Gilgal and made Saul King there So 2 King 14. 21. And all the people of Iudah took Azariah and made him King for his father Ahaziah The Answer To which I answer That in strict and true understanding the people do not make the King but God properly and absolutely makes the King He is declared by the people but he is appointed by God Outward Solemnization or Coronation he hath from the people but his Power Right and Authority he hath from God And more particularly as the Scriptures deliver from the second person in the most sacred Trinity Isa 9. 6. Prov. 8. 15. Coloss 1. 16. 1 Tim. 6. 15. Revel 17. 14. Who is God over all blessed for ever Rom. 9. 5. This is evidently set forth in Holy writ for God sent Moses to be a ruler Acts. 7. 35. And God appointed Ioshua over the congregation of Israel Numb 27. 16. 18. The Lord raised up the Iudges Judg. 2. 16. The Lord annointed Saul to be Captain over his inheritance 1 Sam. 10. 1. And though Saul was afterward chosen by the casting of the lot yet The whole disposing thereof was of the Lord Prov. 16. 33. 1 Sam. 10. 24. and 14. 41. Afterwards the Lord saith I have rejected Saul from reigning over Israel For I have provided me a King among the sons of Iesse 1 Sam. 16. 1. I gave thee O Israel a King in mine anger and I tooke him away in my wrath Hosh 13. 11. And 1 King 13. 2. a Prophet told Jeroboam of Iosiah King of Iudah three hundred and twenty yeers before his reigne Neither was Gods power of disposing Kingdoms limited only unto Judah and Israel but it was is and ever shall be extended over the whole world He is King of Kings and Lord of Lords by him Kings reigne Prov. 8. 15. Not this King only or that King but Kings all Kings whatsoever Moaâ— saith God is my wash-pot over Edom will I cast my shoe over Philistia will I triumph Psal 108. 9. I have made the earth by my great power and have given it unto whom it pleased me and now I have given all those lands into the hand of Nebuchadnezzar my servant and all nations shall serve him and his son and his sons son untill the very tim of his land comâ— and then many Nations and great Kings shall serve themsâ—lves of â—â—m Jer. 27 5 6 7. Thus saith the Lord to his anointed to Cyrus whose righ hand I have holden to subdue Nations before him I will goe before thee I will breake in pieces the gates of brasse and I will give thee the hidden râ—ches of secret places that thou maist know that I the Lord which call thee by thy name am the God of Israel Isa 45. Where God shews that all Kings are by his particular appointment in that he called Cyrus by his name above 180. yeers before his reigne And Daniel Chap. 2. 21. God changeth the times and the seasons he removeth kings and setteth up kings And Chap. 4. 17. The most High ruleth in the kingdom of men and giveth it to whomsoever he will and setteth up over it the basâ—st of men which is confirmed in the same Chap. vers 31. by a voyce from Heaveâ—
Daniel told Belshazzar in the very height of his glory that God hâ—d finished his kingdom and given it to the Medes and Persians Chap. â— 26 28. And his Prophecie from the seventh Chap. to the end of his book is a â—elation how God would govern the world what Empires there should be what King and Kingdoms even in particular Whence It is abundantly proved that God is the sole disposer and maker of Kings and Kingdoms and that he gives them according to his good pleasure and will And therefore the Scriptures call the King The Lords Anointed Gods Vicâ—gerent 2 Chr. 9. 8. The Minister of God because he is ordained of God Rom. 13. 4. But he is never called the peoples Anointed or the Minister of the people But though God be Almighty Gen. 17. 1. and can doe whatsoever he pleaseth without means and therefore can immediately by himselfe call whomsoever unto the Soveraignty as he did Moses Ex 3. 10. and Gidâ—on Jud. 6. 14. yet it hath pleased him for the most part to make use of second and outward means whereby he hath given the Soveraignty unto whom he hath ordained it And those means or wayes as the Scriptures have revealed unto us were eitheir Extraordinary or Ordinary The extraordinary means or wayes were three First by speciall Messengers from God himselfe And so God gave the Soveraignty to Joshua by 〈…〉 sâ—s Nâ—m 27. 22 23. And unto Saul David and Jehu by his Prophets 〈…〉 naâ—â— by lot And so the Lord chose Saul out of all the Tribes of 〈…〉 d that after he was aâ—ointed 1 Sam. 10. 1 20 24. 〈…〉 the Kings last Will and Testament though he had a Son and 〈…〉 And thus David by revelation from God appointed Solo 〈…〉 though Adonijah was the lawfull Heir unto the 〈…〉 1. 15. 1 Châ— 29. 1. The ordinary and still continued wayes or meanes were two First by the Sword or Conquest Thus Abimelech by the help of the Schechemites his mothers kindred obtained the Sâ—veraignty over Israel Jud. 9. 1 6. Thus Nebuchadnezzar King of Babylon obtained the Kingdome of Judah 2 King 24. 1. Thus Cyrus obtained many Nations Isa 45. 1. Secondly by birth right or hereditary succession Thus Rehoboam succeeded Solomon Abijah Rehoboam Asa Abijah Iehoshaphat Asa And it is plain that Birth-right was a veâ—y great priviledge as you may see Gen. 4. 7. and 25 5. Exod. 13. 1. and 22 29. As touching those extraordinary means they belong not unto us unlesse to remember the Lord in all his wayes Isa 64. 5 and to say with David Lord how manifold are thy works in wisdom hast thou made them all Psal 104. 24. The ordinary means are those which we are to look after And without doubt Birth-right is to be preser'd before Conquest For the sword is a terrible plague never laid upon a land but for the sins thereof Levit. 26. 33. Jâ—â— 24. 9 10. 25. 16 29. And the Conquerour is the rod of Gods wrath Isa 10. 5. Lam. 3. 1. A hammer Jer. 50. 23. The Lords Battel-ax Chap. 51. 20. But succâ—ssion is a blessing both to Prince and people 2 Sam. 7. 12. 13. 16. 2 King 10. 30. Psal 128. 6. Observable it is That thorowout the whole Scriptures we read not of any King that was chosen by the voice of the people Nor of an Aristocracy which is where the Nobles govern Nor of a Democracy which is where the people govern And therefore let them consider how they can answer it at the last day who shall endeavour to change an hereditary Kingdome into an elective or any other government whatsoever Now to apply what hath been said unto the objection I answer That that power which makes the King may undoubtedly depose the King which power is God As to the Minor if you affiâ—m that the people doe properly and absolutely make the King it is then false Neither do the places alleaged prove it For in the 1 Sam. 11. 15. the peoples making of Saul King in Gilgal was nothing else but the peoples further and moâ—e generall acknowledgement then they had formerly made at Mizpeh that Saul was their lawfull King And in the verse going before it is called The renewing of the Kingdom To the second proof out of the 2 King 14. 21. that the people made Azariah king I answer That the Scriptures intend no more in that place but that the people Crowned declared and received Azariah for their lawfull King which according to the apprehension of common people may be said a making of the King But if we speak strictly and properly God made Azariah King He called him and he onely gave unto him his power right and authority by hereditary succession as being Son and Heir apparent unto his Father Amaziah though the declaration and outward celebration thereof was from the people The seventh Objection If the King break the trust reposed in him by his Subjects then his Subjects may lawfully take up Arms against him but by idolatry and oppression the King breaks the trust reposed in him by his Subjects Therefore for Idolatry and Oppression his Subjects may lawfully take up Armes against him The Answer This Objection is raised from a false ground For the King hath not dominion and power from his Subjects by way of trust but from God whose Steward he is and from whom he hath both his kingdom power So that by Idolatry and Oppression the King breaks not the trust reposed in him by God and of which one day he shall give an account unto God Rom. 14. 12. Indeed Subjects may expect from the King performance of his duty in the well-governing of his Kingdom according to the Lawes of God and the particular Laws of the Country so far forth as they are not contrary to the Laws of God and they who are in fit place may exhort him thereunto But this expectation of the Subjects is no trust nor if the King faile their expectation does he break their trust reposed in Him because the people have committed nothing to his charge For as he hath his kingdom from God so also from God he hath all power requisite to so high a calling whereby he obtaineth from his people both fear and love and without which he were rather the picture and image of a king then a king And that we might not plead ignorance the Scriptures have clearly set forth unto us some particulars wherein his royall power doth consist as By him War is proclaimed 2 Chr. 13. 4. By him a Peace is concluded 1 King 15. 19. by him the people are assembled By him the people are dismissed Josh 24. 1 28. 1 King 8. 1. 66. By him a Law is made By him a Law is repealed 1 Sam. 14. 24 34. Ezra 1. 1. and Chap. 4. 21. By him Offenders are pardoned 2 Sam. 14. 21. By him all Officers are chosen and established as well Ecclesiasticall as Civill That is whether they belong to Church or State Or
Seducer shall not excuse him who is seduced If the blind lead the blind both shall fall into the pit Matth. 15. 14. The soule that sinneth it shall die Ezek 18. 4. And remember S. Pauls curse Gal. 1. 8. Though we saith he or an Angel from Heaven preach any other Gospel unto you then that which we have preached unto you let him be accursed The third Evasion But thou wilt say If Subjects may never resist then may the Prince governe according to his own will and pleasure and so may bring his Subjects into bondage slavery and all evils and inconveniences whatsoever which is contrary to nature and reason to admit The Answer If we may deny or reject a truth delivered in Gods Word because of evils and inconveniences which might hereby happen unto us then the whole frame of Divinity will be soon overturned We know That the doctrine of God eternall free and unchangeable decree of reprobation has brought many into the sin of despaire The doctrine that true repentance is never too late has led many into the sin of presumption The doctrine of assurance of salvation has bred in some a pâ—oud self-conceitednesse and contempt of their brethren The doctrine of justification by faith onely and not by workes has drawne many into a neglect of Almes-giving And what hath been may be yet we neither doe nor must reject the foresaid doctrines though indeed if we respect the evils and inconveniences they ought so much the rather to be rejected by how much the greater and more dangerous are the evils for these evils are spirituall and tend to the destruction both of soule and body for ever whereas the doctrine of not resisting the King can onely expose us if we offend God to evils temporall and momentany But O man who art thou that repliest against God shall the thing formed say to him that formed it why hast thou made me thus Rom. 9. 20. Has not God power over thine eternall estate to dispose thereof according to his will and dost thou gâ—udge him to dispose of thy temporall estate thy goods thy Lands thy life or what is most deare Wilt thou reject the Word of God because it seemes inconvenient to thee darest thou say the way of the Lord is not equall Ezek. 18. 25. God commands thy obedience unto thy Soveraigne though he be wicked and unjust and wilâ— thou plead dangers evils and inconveniences against Gods command Ohllet not arrogancy come out of thy mouth for the Lord is a God of knowledge and by Him actions are weighed 1 Sam. 2. 3. Cease from thine own wisdome Prov. 23. 4. Advise not with nature For the naturall man receiveth not the things of the Spirit of GOD for they are foolishnesse unto him neither can he know them because they are spiritually discerned 1 Cor. 2. 14. Thou must deny thy selfe and take up thy crosse if thou wilt follow Christ Matth. 16. 24. And if thy reason cannot perswade thee yet let the reward invite thee For every one that hath forsaken houses or brethren or sisters or father or mother or wife or children or Lands for my Names sake saith our Saviour shall receive an hundred fold and shall inherit everlasting life Mat. 19. 29. Neverthelesse the King is not left at liberty to do what he pleaseth to make his will the rule of his actions No he is the Lords Shepheard and Isa 44. 28. the Lord hath appointed unto him his charge and duty When God set Ioshua over the Congregation Moses gave him a charge in their fight Num 27. 16 19. And of David it is said Psal 78. 70 71 72. He chose Davia his servant and tooke him from the sheepfolds from following the Ewes great with young He brought him to feed Jacob his people and Israel his inheritance So he fed them therefore the King ought to provide for and cherish his people acording to the integrity of his heart therefore the King ought to be faithfull to his people and guided them therefore the King ought to be carefull and vigilant over his people by the skilfulnesse therefore the King ought to counsell his people of his hand therefore the King ought to defend his people And when the Prophet Ahijah told Ieroboam that God would give ten Tribes of Israel unto him he withall tels him his duty and the conditions upon which God gave them If thou wilt hearken unto all that I the Lord command thee and wilt walkâ— in my waies and doe that is right in my sight to keep my Statutes and my Commandements as David my servant did then will I be with thee and build thee a sure house 1 Kings 11. 30 31 38. And at that time when the Lord chose Saul to be King Samuel told the people the manner of the Kingdom and wrote it in a booke 1 Sam. 10. 25. whereby it is evident that Saul might not rule as he listed for that God had prescribed the form or manner of the government or Kingdome And what that was you may read in Deut. 17. It shall be when he sitteth upon the throne of his Kingdom that he shall write him a copy of this Law that is the Deuteronomy in a book out of that which is before the Priests and Levites And it shall be with him and he shall reade therein all the daies of his life that he may learn to feare the Lord his God to keep all the words of this Law and these Statutes to do them That his heart be not lifted up above his brethren therefore the King ought not to insult and tyrannize over his people and that he turn not aside from the Commandement to the right hand or to the left to the end that he may prolong his daies in his Kingdome he and his children in the midst of Israel If then the King shall desire the preservation of himselfe and the continuance of his Kingdome unto his posterity he must carefully observe the Commandement of the Lord and the execution of justice He that ruleth over men must be just ruling in the feare of God 2 Sam. 23. 3. It is an abomination to Kings to commit wickednesse for the Throne is established by righteousnesse Prov. 16. 12. The King by judgement establisheth the Land Prov. 22. 4. 'T is true the King is Gods vicegerent and therefore accountable to God onely for his actions Which David implied in confessing those his crying sins of murther and adultery to be only against God Against thee thee onely have I sinned Psal 51. 4. And even reason requireth that the members should not judge the head because they are under the head nor can they take away the head because thereby they cease to be members yet if Princes do seriously take it into consideration they shall finde little encouragement from hence to give way to their own lusts For besides the eternall vengeance of God which without repentance they shall most certainly feel after this life
a ready meanes to the rectifying of the conscience and because this evasion is by some much boasted of I shall therefore briefely set forth the excellent and sweet agreement which the laws of this Land have with the Laws of God in this particular affirming That the King of England is such a King as the Scriptures mention and that in foure respects 1. In His right to the Crowne 2. In His Power 3. In His Charge and Duty 4. In the rendring of His Account 1. His right to His Crown is by birth descent or hereditary succession And this appeares First by that part of the Oath of Allegiance which is used in every Leet That you shall be true and faithfull to our Soveraigne Lord K. Charles and his heires which shewes the descent Secondly because we do our legeance to the King in his naturall capacity and therefore he holds the Kingdome in His naturall capacity that is as He is Charles the sonne and heire apparent of King James of blessed memory For legeance or homage cannot be done to the King in His politique capacity for so the body of the King is invisible Coke l. 7. Calvins case Thirdly in the case aforesaid it is expresly affirmed that the King holds the Kingdom of England by birth-right inherent by descent from the blood-Royall And how inseparable this right is from the next in blood you may see in Henry the 4. who though he was also of the Blood-royall and had the Crown resigned unto him from Richard the 2 and confirmed by Act of Parliament yet upon his death bed He acknowledged He had no right thereunto Speed l. 9. c. 14. Lastly by all the Judges 1. Iac. at the arraignment of Watson and Clerk two Seminary Priests it was resolved that immediately by descent His Majâ—sty was compleatly and absolutely King without the ceremony of Coronation which was but a Royall ornament and outward solemnization of the descent this is plainly illustrated by Hen. 6. who was not Crowned till the ninth yeere of His raigne Speed l. 9. c. 16. yet divers were attainted of treason before that time which could not have been had He not been King Besides we know that upon the death of the King His Successor is forthwith proclaimed which shewes that the King hath his Kingdom by descent and stâ—ice not to be made King by the people at his Coronation Indeed the people are then asked their consent not that they have power to deny but that the King having their consent may with greater security and confidence relie on His people Thus thou seest the Kings right to the Crown is by succession As to the second respect it is evident That the power of the King of England is by the Laws of the Land as great and Royall as that which I have proved out of the Scriptures to belong unto the King For He onely may proclaime war and he onely can establish peace among His people Coke 7. Rep. fol. 25. b. There is no lawfull assembly meeting or Court but by authority from Him Yea the high Court of Parliament was at first devised framed and instituted by Him Polyd Virgil. l. 11. Speed Stow Martin Baker and many others in the life of Henry the 1. By Him all Laws Customes and Franchises are granted and confirmed unto the people Rot. Clans 1. R. 2 n. 44. By Him all the Officers of the Realm whether Temporall or Spirituall are chosen and established The chiefe and highest by Himselfe immediately Smith Commonw l. 2. c. 4. The inferiour by authority from Him Idem c. 5. He hath the sole power of ordering and disposing all the Castles Forts and strong holds and all the Ports and Havens and generally all the Militia of His Kingdom For otherwise it will follow that the King has power to proclaime war and not to maintaine it That the King is bound to defend His Subjects and is denied the means Both which are contrary to our Law which admits no absurdity To be short The Prince is the life the head and the authority of all things that be done in the Realm of England Smith ibid. Supremam potestatem merum Imperium apud nos habet nec in imperii clientela est nec investituram ab alio accipit nec praeter Deum superiorem agnoscit Cambden Brit. p. 132. He hath Soveraigne power and a meere Empire with us He is not under the protection of the Roman Empire nor doth he take investiture from any other nor besides God doth acknowledge any above him We are bound by oath to maintaine His Soveraignty in all causes and over all persons as well Ecclesiasticall as Civill not over singular persons as some would glosse it but over all even the body politique For by divers sundry old authentike Histories and Chronicles it is manifestly declared and expressed that this Realm of England is as Empire and so hath been accepted in the world governed by our supreame head and King having the dignity and royall Estate of the Imperiall Crown of the saiâ—â— unto whom a body politique compact of all sorts and degrees of people divided in termes and by names of spiritualty and temporalty have been bounden and owen to beare next to God a naturall and humble obedience Preface to a Statute 24 Hen. 8. c. 12. The third respect is in His charge and duty which consists in the observance of the Law of God the Law of nature and the Laws of this Realm To observe the Law of God He is bound as a Christian to observe the law of nature He is bound as a man to observe the Laws of his Realm He is bound as a King Nor is he onely bound vinculo officii as he is King though this is a strict tie considering to whom he must one day render an account of His Stewardship but he is also bound vinculo juramenti by an Oath taken at His Coronation The effect whereof is this To keep confirme and defend all Laws Customes and Freedomes granted by His predecessours to the Clergy or people To preserve peace and concord in God entirely and cause equall and right justice to be done according to His power Whence it is clear that the King hath His duty enjoyned him and ought not to make His Will the rule of His actions The fourth and last respect is in the rendring of His account For as the Kings mentioned in the Scriptures were not so the King of England iâ— not accountable for His actions to any but God alone First because the King of England hath not His Crown from any but God alone from whose gracious hand he hath received it by the ordinary meanes of hereditary succession and was in the beginning obtained by the Sword Smith l. 1. c. 9. Secondly the oath which he takes at His Coronation binds Him onely before God for there is no condition proviso or limitation whereby He is made accountable unto His people Thirdly by the testimony of Bracton fol.