expresseth the same to be Tribute that is Imposts Subsidies Gifts or the like call it by what name you will we are commanded by God to the uttermost of our abilitie to supply their occasion and necessities even as the children are bound to relieve their parents in their extremities And if we see our Moses our King or chief Governour any wayes 3. To hazard our lives for them impugned or like to be oppressed either by forraign Aegyptians or domestick Israelites though they should be Datqan and Abiram the most prime and popular men in all the Congregation that could draw thousands after them yet are we bound to the hazard of our lives to preserve the Life Crown and Dignity of our Prince as the subjects of King David hazarded themselves to save him harmlesse And if we will not do this 2 Sam. 18. 3. Hester 4. 14. then as Mordecai in the like case said to Hester If thou altogether holdest thy peace at this time then shall there inlargement and deliverance arise to the Jews from another place but thou and thy fathers house shall be destroyed So I say with King David the Lord will help his Annointed and deliver him from the strivings of his people and if we still be silent and do nothing yet the Starres in their order shall fight against Sisera Et conjurati veniunt ad classica venti and as the Angell of the Lord said of the Merozites Curse ye The punishment of them that will not assist their Governours Meroz curse ye bitterly the Inhabitants thereof because they came not to help Barack against the Canaanites So let them fear a bitter curse and a curse from God that will not help their Prince against his enemies especially such enemies as have least reason to be enemies unto him So you see what obedience we owe unto our Governours and therefore their rebellion was the more intolerable that thus spurned against their Magistrates CHAP. IV. Sheweth the objection of the Rebels to justifie their Rebellion the first part of it answered that neither our compulsion to Idolatry nor any other injury or tyranny should move us to Rebell BUt we must not condemn them before their cause be heard and therefore Corah shall have his Counsell to object what he can for himself And I find but one Objection of any moment though the same consisteth of many branches As What if Moses the King or chief Governour being so much affected The objection of the Rebels and addicted unto Aaron the chief Priest or Bishop and to others his prime Councell should be led by evill advice to set up Idolatry and to play the Tyrant to take away the goods destroy the lives and bring most of his people to most miserable conditions may neither private men nor the subordinate Magistrates nor the prime Nobility of the people nor any other Court or Assembly of men restrain his fury or remove this mischief from Gods inheritance from the Church and Common-wealth This is that Gordian knot which is so hard to be untied But if I might in the School of Divinity have leave to resolve this question Solutio and not to be confuted as Saint Steven was with stony arguments I would soon answer that 1. In neither of these cases 2. Neither of these Two Parts of their objection men may do it and I could make this good by very good authority for Si Magistratus est bonus nutritor est tuus if our Governour be good he is our Nursing-Father and we should receive our nourishment with thanks and no thanks to us for our obedience to such a one And if our Governour be evill he is so for our transgression and we should receive our punishment with patience and therefore no resistance but either obey the good willingly or endure the evill patiently But to proceed to break this Gordian knot in pieces and to answer each part of this Objection 1. I say that many wicked Kings and cruel Emperours have set up 1. Part of their objection answered Not to rebell for any cause 1. Not for our compulsion to Idolatry Idolatry and blasphemy against God and yet I do not find that any of Gods servants did ever rebell against them for you know Jeroboam the son of Nebat that made Israel to sin did set up golden Calves to be worshipped Nebuchadnezzar King of Babylon made an Image of gold and commanded all his people to fall down to worship it And what shall I say of those Idolatrous Kings Achab Manasses Julian and abundance more that most impiously compelled their subjects unto Idolatry and yet you shall not find that either the faithfull Jews under Jeroboam or the Prophet Daniel in Babylon or Elias the man of God in the time of Achab or any of all the good Christians that were under Julian either did themselves or perswaded others of the servants of God at any time to rebell against those Idolatrous Kings for they considered how far the Law of God that prohibiteth Idolatry and instigateth us against the allurers and perswaders of us to Idolatry and blasphemy extendeth and that is If thy brother Deut. 13 6. How far the Law of God extendeth to resist Idolaters the son of thy mother or thy son or thy daughter or the wife of thy bosom or thy friend which is as thine own soul shall intice thee to Idolatry and to serve strange Gods thine eye shall not spare him neither shalt thou have any pitty upon him but for the sonne to rise up against the father the wife against her husband the servant against his Lord the subject against his King here is not a word and therefore by this Law they are not obliged but rather forbidden to do it for though the son is not expressely prohibited to accuse his father nor the wife her husband nor the servant his Lord nor the subject his King yet because Gods Law is absolute and perfect to which we must neither adde nor detract nor construe it as we please the Divines conceive those things forbidden which are not expressed especially in penall precepts which are to be restrained and not extended any further then they are set down as Tostatus doth most truly conclude Tostatus in Deut 13. q. 3. And what the sonne may not do against his father nor the wife against her husband nor the servant against his Lord that certainly no man may do against his King which is the father of his Country the husband of the Common wealth and the supreme Lord over all his subjects And therefore Christ himself that came to fulfill the Law and knew best how farre it reached living under the Empire of Tiberius the Principality of Herod and the Government of Pilate that were all wicked and idolatrous did notwithstanding submit himself in all things which the Law of God forbad him not unto them and though for strength policy and power he might easily have resisted them yet
only bring a punishment upon them that are seduced but a far greater plague upon you that do seduce them and God who hath at all times so exceeding graciously defended His Majesty and contrary to your hopes and expectation from almost nothing in the beginning of this rebellion hath increased his power to I hope an invincible Army will be a rock of defence unto his annointed because it is well known to all the world that whatsoever this good King hath suffered at the hands For what causes the King suffereth of his subjects it is for the preservation of the true Protestant Religion of the established Lawes of his Kingdomes and of those Reverend Bishops Grave Doctors and all the rest of the Learned and Religious Clergy that have ever maintained and will to the spilling of the last drop of their blood defend this truth against all Papists and other Anabaptistical Brownists and Sectaries whatsoever And therefore if you that are his Parliament should like unthankeful vapours What a shame it is to use the power we have received against him that gave it us that cloud the Sun which raised them or like the Moon in her interposition that obscures the glorious lamp which enlightens her in the least manner imploy that strength which you have received from his Majesty when he called you together against His Majesty it will be an ugly spot and a foul blemish both for your selves and all your posterities And if not suddenly prevented you may raise such spirits that your selves cannot lay down and sow such seeds of discord and disconteâ—t between the King and his people as may derive through the whole Race of all succeeding Kings such a disaffection to Parliaments as may prove a plague and poyson to the whole Kingdom For if the King out of his favour and grace call you together and intrust you with a power either of continuing concluding or enacting such things as may be for the good of the Common wealth and you abuse that power against him that gave it you I must needs confesse that I am of his mind who saith That the King were freed before God and That it is lawful to recall a power given when it is abused man from all blame though he should use all possible lawful means to withdraw that power into his own hands which being but lent them hath been so misapplyed against him for if my servant desireth to hold my sword and when I intrust him with it he seeks to thrust the same into my breast Will not every man judge it lawful for me to gain my sword if it be possible out of his hand and with that sword to cut off his head that would have thrust it into my heart or as one saith If I convey my estate in trust to any friend to the use of me and mine and the person intrusted falsifie the faith reposed in him by conveying the profits of my estate to other ends to the prejudice of me and mine no man wiâ—l think it unlawful for me to annihilate if I can possibly do it such a deed of trust And therefore Noble Peers and Gentlemen of this ancient Kingdom of Ireland that your Parliament may prove successeful to the benefit of the Common-wealth let me that have some interest and charge over all the Inhabitants and So journers of Kilkenny perswade you to think your selves no Parliament without your King and that your Votes and Ordinances carrying with them the power though not the name of Acts of Parliament to oblige both King and Subjects to obey them are the most absolute subversion of our Fundamental Lawes the destructive invasion of our rightful Liberties And that by an usurped power of an arbitrary rule to dispose of our estates or any part thereof as you please to make us Delinquents when you will and to punish us as Malignants at your pleasure and through your discontent to dispossesse your rightful King though it were to set the Crown upon the head of your greatest One al is such a priviledg that never any Parliament hath yet claimed Or if you still go on for the inlargement of your own usurped power under the title of the priviledge of Parliament to Vote diminution of the Kings just Prerogative that your Progenitors never denied to any of his Ancestors to exclude us Bishops out of your Assemblies without whom your determinations can never be so well concluded in the fear of God and to invade the Liberties of your fellow-subjects under the pretences of religion and the publique good I will say no more but turn my self to God and put it in my Liturgi From Parasites Puritanes Popes and such Parliaments Good Lord deliver us CHAP. IX Sheweth the unanimous consent and testimonies of many famous learned men and Martyrs both ancient and modern that have confirmed and justified the truth of the former Doctrine ANd so you see that as for no cause so for no kind or degree of men be they what you will Peers Magistrates Heads of Families Darlings of the people or any other Patriots whom the Commons shall elect it is lawfull to rebell against or any wayes to resist our chief Princes and soveraign Governours This point is as clear as the Sunne and yet to make it still more clear unto them that will not believe that truth which they like not but as Tertullian saith Credunt Scriptur is ut credant adversus Scripturas do alledge Scriptures to justifie their own wilful opinions Testimonies of famous men against all Scripture I will here adde a few testimonies of most famous men to confirm the same Henry de Bracton Lord chief Justice of the Kings Bench under Hen. 3. L. Elismer in orat habita in Camera Fiscali ann 1609. pag. 108. saith as he is quoted by the Lord Elismer That under the King there are free men and servants and every man is under him and he is under none but onely God If any thing be demanded of the King seeing no Writ can issue sorth against the King there is a place for Petition that he would correct and amend his fact and if he shall refuse to do it he shall have punishment enough when the Lord shall come to be his revenger for otherwise touching the Charters and deeds of Kings neither private persons nor Justitiaries ought to dispute This was the Law of that time whaâ— new Lawes our young Lawyers have found since I know not I am noâ— so good a Lawyer The Civil Lawyers do farre surpasse the Common Law herein for Corsetus Corsetus Sic. tract de potestat reg part 5. num 66. Sâ—ulus saith Rex in suo regno potest omnia imò de plenitudine potestatis And Marginista saith Qui disputat de potestate Principis utrum benè feâ—erit est infamis Hostiensis saith Princeps solutus est legibus id est quoad vim coactivam non quoad vim directivam Thom. 1. 2ae q. 96. ar 5.
Idolatry nor any other injury or tyranny should move us to rebell 196 CHAP. V. Sheweth by Scripture the Doctrine of the Church humane reason and the welfare of the Weale publique that we ought by no means to rebell A three fold power of every Tyrant Three kinds of Tyrannies The doubtful and dangerous events of Warre Why many men rebell Jehu's example not to be followed 201 CHAP. VI. Sheweth that neither private men nor the subordinate Magistrates nor the greatest Peers of the Kingdom may take arms and make War against their King Buchanan's Mistake discovered and the Anti-Cavalier confuted 207 CHAP. VII Sheweth the reasons and the examples that are alledged to justifie Rebellion and a full Answer to each of them God the immediate Authour of Monarchy inferiour Magistrates have no power but what is derived from the superrour and the ill successe of all rebellious resisting of our Kings 214 CHAP. VIII Sheweth that the Parliament hath no power to make War against our King Two main Objections answered The original of Parliaments The power of the King to call a Parliament to deny what he will and to dissolve it when he will Why our King suffereth 220 CHAP. IX Sheweth the unanimous consent and testimonies of many famous learned men and Martyrs both ancient and modern that have confirmed and justified the truth of the former Doctrine 225 CHAP. X. Sheweth the impudency of the Anti-Cavalier How the Rebels deny they war against the King An unanswerable Argument to presse obedience A further discussion whether for our Liberty Religion or Laws we may resist our Kings and a pathetical Disswasion from Rebellion 230 CHAP. XI Sheweth what these Rebels did How by ten several steps and degrees 1. Pride 2. Discontent 3. Envying 4. Murmuring 5. Hypocrisie 6. Lying 7. Slandering 8. Rayling 9. Disobedience 10. Resistance they ascended to the height of their Rebellion and how these are the steps and the ways to all Râ—bellion and the reasons which move them to rebell 235 CHAP. XII Sheweth where the Rebels do batch their Rebellion The heavy and just deserved punishments of Rebels The application and conclusion of the whole 242 The particular Books that the Authour hath formerly Published and are sold by Phil. Stephens the elder and Phil. Stephens the younger at their Shops in Saint Pauls Church-yard and Fleet-street 1. A Large Book in Folio Intituled The best Religion Comprehending 1. The Resolution of Pilate touching the Super-scription on Christ his Crosse 2. The delights of the Saints which are Grace and Peace 3. The 7. golden Candlesticks holding the 7. greatest lights of Christian Religion videlicet 1. The miseries of man 2. The knowledg of God 3. The Incarnation 4. The Passion 5. The Resurrection 6. The Ascension 7. The duty of Christians of Christ And the Donation or Mission of the holy Ghost 15. Sermons preached before King James and King Charles and at Pauls Crosse and upon several occasions 2. Another large book in Folio Intituled The true Church and divided into six Books 1. Treating of the visibility quality and unity of the Church 2. and 3. Expounding the ten Commandements 4. Shewing the Intention of the Prophets to expound the Law to prophesy of the Gospeâ— 2. The summe of the Gospel which is 1. Justification 2. Sanctification 5. Shewing the sincerity of the Scriptures the uncertainty of Traditions the fruits of Christianity good works the calling of the Gentiles and the gathering of the Jewes 6. Shewing 1. the Governours of Gods Church the Magistrates and Ministers 2. the task of Church-governours and 3. the quality of Christians 3. The great Antichrist revealed never till now discovered and proved to be neither Pope nor Turk but a multitude of most wicked men that have killed the two witnesses of Jesus Christ Moses and Aaron Magistrate and Minister King and Priest 4. Seven Treatises to prevent the seven last Vials of Gods wrath that are to be powred down upon the earth 1. The monstrous murder of the most righteous King 2. The Tragedy of Zimri that slew his King and his Master 3. Gods warre with the wicked Traytors Rebels c. 4. The lively picture of these lewd times 5. The properties and Prerogatives of Gods Saints 6. The chiefest duties of every Christian man 7. The true cause why we should love God THE DISCOVERY OF MYSTERIES OR The Plots and Practices of a prevalent Faction in the Long PARLIAMENT To overthrow the established Religion and the well-setled Government of this glorious Church and to introduce a new framed Discipline not yet agreed upon by themselves what it shall be to set up a new-invented Religion patched together of Anabaptistical and Brownistical Tenets and many other new and old Errors And also To subvert the fundamental Laws of this famous Kingdom by devesting our King of His just Rights and unquestionable Royall Prerogatives and depriving the Subjects of the propriety of their goods and the Liberty of their persons and under the name of the Priviledge of Parliament to exchange that excellent Monarchial Government of this Nation into the Tyrannical Government of a Faction prevailing over the major part of their well-meaning Brethren to Vote and Order things full of all injustice oppression and cruelty as may appear out of many by these few subsequent collections of their Proceedings By GRYFFITH WILLIAMS Lord Bishop of Ossory London Printed for Phil. Stephens the younger 1663. TO THE KINGS Most Excellent MAJESTY Most Gracious Sovereign THough the wisest man in all the Kingdom of Persia saith Great is the truth and stronger then all things Yeâ— the father of lies hath now plaid his part so well that as the Prophet saith Truth is fallen in the Street and Equity cannot enter in And your Majesty whom the God of Truth hath anointed his sole Vicegerent to be the Supreme Protector of them both in all your Dominions hath accordingly lifted up your Standard against their Enemies and I may truly say of you as Menevensis saith of that most Noble King Alfred Si modò victor erat ad crastina bella pavebat Si modò victus erat ad crastina bella parabat Neither do I believe that Lucan's Verse can be applied to any man better than to your Majesty Non te vidère superbum Prospera fatorum nec fractum adversa videbunt As the height of your glory and prosperity never swelled your Pious heart so your greatest crosses and adversities never dejected your Royal spirit But as the Prophet saith of the Captain of the hoast of the Lord so I say to you that are his Lieftenant Ride on with your honor or ride prosperously Because of the word of truth of meekness and righteousness the people shall be subdued unto you and because the King putteth his trust in the Lord and in the mercy of the most Highest he shall not miscarry especially while he fighteth as he doth the battail of the Lord in defence of the Church of Christ who hath promised to be his
Printed and imprison if they can catch them all that publish them as they did many worthy Ministers in the City of London and in many other places of this Kingdom 6. They have publickly voted in their House and accordingly indeavoured 6. Wrong by Mâ—ssages to perswade our brethren of Scotland to joyn in their assistance with these grand Rebels to rebel against their Soveraign but I perswade my self as I said before that the Nobility and Gentry of Scotland are more Religious in themselves more Lâ—yal to their liege Lord and indeed wiser in all their actions then while they may live quietly at home in a happy peace to undertake upon the perswasions of Rebellious Subjects such an unhappy war abroad 7. It is remonstrated and related publickly that as if they had shaken 7. Wrong off all subjection and were become already a State Independent they have Treated by their agents with forraign States and do still proceed in that course which if true is such an usurpation upon Soveraignty as was never before attempted in this Kingdom and such a Presumption as few men know the secret mischiefs that may luâ—k therein 8. They suffer and licence their Pamphleters Pryn Goodwin Burges 8. Wrong Marshal Sedgwick and other emissaries of wickedness to publish such Treasons and Blasphemies and abominable Aphorisms As that thâ— negative vote of the King is no more then the dissent of one man the Affirmative vote of the King makes not a Law ergo the Negative cannot destroy it and the like absurd and sensless things that are in those Aphorisms and in Prins book of the Soveraign power of Parliament whereby they would deny the Kings power to hinder any Act that both the Houses shall conclude and so taking away those just prerogatives from him that are as Hereditary to him as his Kingdom compell him to assent to their conclusions for which things our Histories tell us that other Parliaments Why the two Spencers died have banished and upon their returns they were hanged both the Spencers the Father and the Son for the like presumption as among other Articles for denying this Prerogative unto their King and affirming Per aspertevid Ebsmere postnaâ—i p. 99. that if he neglected his duty and would not do what he ought for the good of the Kingdom he might be compelled by force to perform iâ— which very thing divesteth the King of all Soveraignty overthroweth Monarchy and maketh our government a meer Aristocracy contrary to the constitution of our first Kings and the judgment of all ages for we know full well from the Practise of all former Parliaments that seeing the three Pag. 48. States are subordinate unto the King in making Laws wherein the chiefest power consisteth they may propound and consent but it is still in the Kings power to refuse or raâ—ify and I never read that any Parliament man till now did ever say the contrary but that if there be no concurrence of the King in whom formally the power of making of any Law resideth ut in subjecto to make the Law the two Houses whose consent is but a requisite condition to compleat the Kings power are but a liveless convention like two Cyphers without a figure that of themselves are of no value or power but joyned unto their figures have the full strength of their places which is confirmed by the Viewer of the Observations out of 11. Hen. 7. 23. per Davers Polydore 185. Cowel inter verbo Praerog Sir Pag. 19 20 21. Thomas Smyth de republ Angl. l. 2. c. 3. Bodin l. 1. c. 8. For if the Kings consent were not necessary for the perfecting of every Act then certainly as The Letter to a Gentleman in Gloucestershire p. 3. another saith all those Bils that heretofore have passed both Houses and for want of the Royal assent have slept and been buried all this while would now rise up as so many Laws and Statutes and would make as great confusion as these new orders and ordinances have done And as the Lawyers tell us that the necessity of the assent of all three States in Parliament is such as without any one of them the rest do but Lamberts Archeion 271. Vid. the Viewer p. 21. lose their labour so Le Roy est assentus ceo faict un Act de Parliament and as another saith Nihil ratum habetur nisi quod Rex comprobarit Nothing is perfected but what the King confirmeth But here in the naming of the three States I must tell you that I find in most of our Writers about this new-born question of the Kings power a very great omission that they are not particularly set down that the whole Kingdom might know which is every one of them and upon this omission I conceive as great mistake in them that say the three States are 1. The King 2. The House of Peers Which be the three States of England 3. The House of Commons For I am informed by no mean Lawyer that you may find it upon the Rowls of Henry the fifth as I remember and I am sure you may find it Speed l 9. c. 19. p. 712. Anno. 1 Ric. 3. in the first year of Richard the third where the three States are particularly named and the King is none of them For it is said That at the request and by the assent of the three Estates of this Realm that is to say the Lords Spiritual the Lords Temporal and Commons of the Land Assembled it is declared that our said Soveraign Lord the King is the very undoubted King of this Realm Wherein you may plainly see the King that is acknowledged their Soveraign by all three can be none of the three but is the head of all three as the Dean is none of the Chapter but is Caput capituli and as in France and Spain so in England I conceive the three Estates to be 1. The Lords Spiritual that are if not representing yet in loco in the behalf of all the Clergy of England that till these Anabaptistical tares have almost choaked all the Wheat in Gods field were thought so considerable a party as might deserve as well a representation in Parliament as old Sarum or the like Borough of scarce twenty Houses 2. The Lords Temporal in the right of their Honor and their Posterity 3. The Commons that are elected in the behalf of the Conntrey Cities and Butroughs and what these three States consult and conclude upon for the good of the Church and Kingdom the King as the head of all was either to apprâ—ve or reject what he pleased And Joh. Beda advocate in the Court of Parliament of Paris saith p. 42. De jure Regum The Church is within the State made a part of the same and is subject to the Soveraign of the whole Territory being in France and England one of the three estates of the Kingdom whereof the King is head and superior aswel of the Clergy
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 1. Nature teaching every King to governe his People according to the common Every Christian king established by a threefold Law Psal 119. 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 To what end the stories of the kings of Israel and Judah were written Rom. 15. 4. every King 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 and ordained that Government whereby all men in all Nations The ordination of our government as beneficial as our creation 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 and without Laws as to live by unwritten Laws which in the Unwritten things most uncertain 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 but of the Gentiles also because the Scripture in all morall Rom. 3 29. 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 platsorme 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 government And therefore the dim and dusky light of bleare-ey'd Nature and the Every Government the better by how much nearer it is to the Government of the Scripture kings 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 The Divine is better able to understand Law then the Lawyer to understand Divinity Psal 1. 2. what ought to be a just nationall Law and thereby what is the Right of Kings 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 Divinity 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 be 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 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. August cause of much mischief for if men understood not the Law of God or would beleive us that
his natural capacity that is 2. Reason as he is Charles the Son and Heir apparent of King James when as homage cannot be done to any King in his politique capacity the body of the King being Coke l. 7. Calvin's case invisible in that sence 3. Because in that case it is expresly affirmed that the King holds the Kingdom 3. Reason of England by birth-right inherent by descent from the bloud-royal therefore to shew how inseperable this right is from the next in bloud Hen. the 4. though he was of the bloud-royal being first cozen unto the King and had the Crown resigned unto him by Rich. the 2. and confirmed unto him by Act of Speed l. 9. c. 16. Parliament yet upon his death-bed confessed he had no right thereunto as Speed writeth 4. Because it was determined by all the Judges at the Arraignment of Watson 4. Reason 1. Jacobi and Clerke that immediately by descent his Majesty was compleatly and absolutely King without the Ceremony of Coronation which was but a Royal Ornament and outward Solemnization of the descent And it is illustrated by Hen. 6. Speed l. 9. c. 16. that was not crowned till the ninth year of his Reign and yet divers were attainted of High Treason before that time which could not have been done had The right heir to the kingdom is King before he is crowned Why the peoples consent is asked 2. Respect he not been King And we know that upon the death of any of our Kings his Successor is immediately proclaimed King to shew that he hath his Kingdom by descent and not by the people at his Coronation whose consent is then asked not because they have any power to deny their consent or refuse him for their King but that the King having their assent may with greater security and confidence rely upon their loyalty 2 As the Kings of Israel had full power and authority to make war and conclude peace to call the greatest Assemblies as Moses Joshua David Jehosaphat and the rest of the Kings did to place and displace the greatest Officers of State as Solomon placed Abiathar in Sadoâ—'s room and Jehosaphat appointed 2 Chron. 19. 11 The absolute authority of the kings of England Coke 7 rep fol. 25. 6. Polyd. Virgil. lib 11. Speed Stow c. Amariah and Zebadiah rulers of the greatest Affaires and had all the Militia of the Kingdom in their hands so the Kings of England have the like for 1. He onely can lawfully proclaim war as I shewed before and he onely can conclude peace 2. There is no Assembly that can lawfully meet but by his Authority and as the Parliament was first devised and instituted by the king as all our Historians write in the life of Henry the first so they cannot meet but by the king's Writ 3. All Laws Customs and Franchises are granted and confirmed unto the people by the King Rot. Claus 1. R. 2. n. 44. 4. All the Officers of the Realm whether Spiritual or Temporal are chosen Smith de repub Angl. l. 2. c. 4. c. 5. and established by him as the highest immediately by himself and the inferiour by an authority derived from him 5. He hath the sole power of ordering and disposing all the Castles Forts The absurdities of them that deny the Militia to the King 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 Smith de Repub l. 2. Cambden Britan p. 132. apud nos habentes nec in Imperii clientela sunt nec investituram ab alio accipientes nec prâ—ter 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 over all 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 governed by one supream head and king having the dignity and royal In the Preface to a Stat. 24. Hen. 8. cap. 12 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 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 3 Respect 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 1. To have the chiefest care to defend the faith of Christ and to preserve the The duty of the kings of England 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 established Laws neither do our Divines give any further liberty to any king but if he failes in these he doth offend in his duty 4. As the kings of Israel were accountable for their actions unto none but 4 Respect Psal 51. 4. onely unto God 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 The kings of England accountable for their actions only to God I Reason Smith de repub l. 1. c. 9. 2 Reason most idolatrous tyrannical or wicked kings to any account for their idolatry tyranny or wickedness even so the kings
Counsellours how our late Canons came to be annulled that it is the Kings right to admit his Bishops and Prelates to be of his Council and to delegate secular authority or civil jurisdiction unto them proved by the examples of the Heathens Jewes and Christians OUt of all this that hath been spoken it is more then manifest that the king ought to have the supreme power over Gods Church and the Government thereof and the greatest care to preserve true Religion throughout all his Dominions this is his duty and this is his honour that God hath committed not a people but his people and the members of his Son under his charge For the performance of which charge it is requisite for us to know that God hath granted unto him among other rights these two special prerogatives 1. That he may and ought to make Lawes Orders Canons and Decrees for the well governing of Gods Church Two special rights and prerogatives of the King for the government of the Church 1. To make Laws and Canons 2. That he may when he seeth cause lawfully and justly grant tolerations and dispensations of his own Laws and Decrees as he pleaseth 1. Not onely Solomon and Jehosaphat gave commandment and prescribed unto the chief Priests and Levites what form and order they should observe in their Ecclesiastical causes and methode of serving God but also Constantine Theodosius Justinian and all the Christian Emperours that were careful of Gods service did the like and therefore when the Donatists alleadged that secular Princes had nothing to do to meddle in matters of Religion and in causes Ecclesiastical Saint Augustine in his second Epistle against Gaudentius saith I Aug. l. 2. c. 26. have already proved that it appertaineth to the Kings charge that the Ninivites should pacifie Gods wrath and therefore the Kings that are of Christs Church do judge most truely that it belongeth to their charge to see that men Rebel not without punishment against the same because God doth inspire it into the Idem ep 48. ep 50. ad Bonifac mindes of Kings that they should procure the Commandments of the Lord to be performed in al their Kingdomes for they are commanded to serve the Lord in fear and how do they serve the Lord as Kings but in making Laws for Christ as man he serveth him by living faithfully but as King he serveth him in So they are called the kings Ecclesiastical Lawes making Laws that shal command just things and forbid the contrary which they could not do if they were not kings And by the example of the king of Ninive Darius Nebuchadnezzar and others which were but figures and prophesies that foreshewed the power duty and service that Christian kings should owe and performe in like sort to the furtherance of Christs Religion in the time of the New Testament when al kings shall fall down and Worship Christ and all Nations shall do him service he proveth that the Christian Psal 72. 11. Aug. cont lit Peul l. 2. c 92 Idem in l. de 12. abus grad grad 2. kings and Princes should make Laws and Decrees for the furtherance of Gods service even as Nebuchadnezzar had done in his time And upon the words of the Apostle that the king beareth not the sword in vain he proveth against Petilian that the power and authority of the Princes which the Apostle treateth of in that place is given unto them to make sharpe penall Lawes to further true religion and to suppress all Heresies and Schismes And so accordingly we finde the good Emperours and Kings have ever done The good Emperours have made Laws for the government of the Church Euseb in vita Constant l. 2. 3. for Constantine caused the idolatrous religions to be suppressed and the true knowledge of Christ to be preached and planted amongst his people and made many wholsome Lawes and godly Constitutions to restrain the sacrificing unto Idols and all other devillish and superstitious south sayings and to cause the true service of God to be rightly administred in every place saith Eusebius And in another place he saith that the same Constantine gave injunctions to the chiefe Ministers of the Churches that they should make speciall supplication to God for him and he enjoyned all his Subjects that they should keep holy certain dayes dedicated to Christ and the Sabboth or Saturday which was then wont to be kept holy and as yet not abrogated by any Law among the Christians he gave a Law to the Ruler of every Nation that they should celebrate Idem de vita Constant l. 1. 3. 4. c. 18. the Sunday or the Lords day in like sort and so for the dayes that were dedicated to the memory of the Martyrs and other festival times and all such things were done according to the ordinance of the Emperour Nicephorus writing of the excellent virtues of Andronicus son to Immanuel Niceph. in praefation Eccles bist Palaeologus and comparing him to Constantine the Great saith thou hast restored the Catholique Church being troubled with new opinions to the old State thou hast banished all unlawfull and impure doctrine thou hast established the truth and hast made Lawes and Constitutions for the same Sozomen speaking of Constantines sons saith the Princes also concurred to Sozomenus l 3. c. 17. the increase of these things 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 shewing their good affections to the Churches no less then their father did and honouring the Clergy their servants with singular promotions and immunities both confirming their fathers Lawes and making also new Lawes of their own against such as went about to sacrifice and to worship Idols or by any other means fell to the Greekish or Heathenish superstitions Theodoret tells us that Valentinian at the Synod in Illirico did not onely confirme the true faith by his Royall assent but made also many godly and sharpe Lawes as well for the maintenance of the truth of Christ his doctrine as also touching many other causes Ecclesiastical and as ratifying those things that were done by the Bishops 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he sent abroad to them Theodor. l. c. 5 6 7. that doubted thereof Honorius at the request of Boniface the first made a Law whereby it might Distinct 7 9. siduo appear what was to be done when two Popes were chosen at once by the indiscretion of the Electors Martianus also made a Statute to cut off and put away all manner of contention about the true faith and Religion in the Councell of Calcedon The Emperour Justinus made a Law that the Churches of Heretiques should be consecrated to the Catholique Religion saith Martinus Poenitentiarius And who knowes not of the many Laws and Decrees that Justinian made in Ecclesiasticall causes for the furtherance of the true Religion for in the beginning of the Constitutions collected in the Code of Iustinian the first 13 titles are all filled with Laws for to rule
portion is fit for every one and what service is required from him I answer that the voice of equity and justice tells us that a generall Law Sol. doth never deâ—ogate from a speciall priviledge or that a priviledge is not opposite to the pâ—inciples of common right and where the Law it selfe gives this priviledge as our Law doth it yet enâ—y 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 saith 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 oâ—her 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 then his residence Reasons of dispensations upon his Charge could possibly be as when his absence may be either for the recoveâ—y of his health or to discharge the Kings Embassage or to do his best to consute Heretiques or to pacific 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 is a great deale more then either the grace of humility How God doth diversly bestow his gifts Matth. 25. 15. Gen. 43. 34. 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 peice 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 And therefore most gracious King we humbly desire your Majesty suffer The Author's Petition to His Majesty 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. As the King hath right and power to grant his dispensations both of grace 3. The toleration of divers Sects and sorts of religions 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 so the Jewes say who can forgive sins but God onely Yet as Mar. 2. 7. God which gives the Law can lawfully remit the sin and forgive the breach of the Law so the King which makes these positive Lawes cannot be denyed this As David pardoned Absolon and Solomon Abiathar 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 mulâ—â— 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
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 God hath spoken once and twice I have also heard the same Psal 62. 11. â— that power belongeth unto God and the Apostle saith the powers that are are ordained of God which is to be understood of the regall or Monarchicall power Rom. 13. 2. because Saint Paules 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 higher powers are interpreted by Saint 2 Pet 2. 13. Saint Peters description betwixt the King and the inferiour Magistrates A twofold royalty in a King 1 Merum imperium 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 â— 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 sacere 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 and the administration of How the King delegates his power to his inferiour Magistrates 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 transfâ—â— 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 despâ—ticall power of government that they 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 or the Soveraignty of Kings Tertul. ad Scap. in apologet c. 30. Iren advers haeres Valent l. 5. c. 20. Optat. contr Parmen l. 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Chrysost tom 6. orat 40. orat 2. Aug. de civit Dei l. 5. c. 21. have immediately received from God And as the Scriptures make it plain that the Kings right and power to govern is immediately from God so they make it as plain that it is the greatest right and most eminent highest power that is on earth for though the cavilleâ—â— at this power translate the words of Saint Paul 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not potestatibus sublimioribus or sutremis but potestatibus superexcellentibus and say that the word or particle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 where S. Peter bids us submit our selves to the King 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as to the cheif intends a resemblance onely and not a reall demonstration to prove the King to be the chief Yet the malice of these men and the falshood of these glosses will appear if you consider that the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 habens se super alios or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 joyned with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to the powers that are ordained of God must needs signify not any subordinate power but the supremâ—st power on earth because the other powers are directly said by Saint Peter to be sent by the King and the article 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doth as really expresse the matter there as in John 1. 14. where the Evangelist saith and we beheld his glory 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the glory of the onely begotten Son of God And I hope our Sectaries will not be so impudent as to say that this signifieth but a resemblance of the Son of God But to make this point more plain you shall heare what the Fathers and the learned say for I told you before Tertullian saith of Kings and Emperours inde potâ—stas unde spiritus and he is sâ—lo Deo minor inferiour to none but God Saint Chrysostome saith he hath no peer on Earth but is the top of all men living Athanasius saith there is none above the Emperour but onely God that made the Emperour Saint Cyrill in a Sermon upon that text I am the vine commendeth Q. Curtius l. 9 the answer of a King whom Quintus Curtius affirmeth to be Alexander that being shot and his Subjects would have him bound to pull out the arrow said non decet vinciri Regem Bern. Tractat. de pass Dom. c. 4. it becomes not Kings to be bound because none is superiour unto them Agapetus a Deacon of Constantine saith as much and because it is a rule in the Civill Law testem quem quis inducit pro se tenetur recipere contra sese the testimony of our adversaries is most convictive therefore I beseech you hear what they say for Rosellus a great Catholique saith it is heretical to affirm that the universal administration of the temporall affaires is or must be in the Pope when the King hath no superiour on earth but the Creator of heaven and earth Caninus also saith that the Apostle Rom. 13. spake of the Regall and secular Power and not of the Ecclesiasticall and Cassanaeus Cassan Catal. glor mundi p. 8 consider 2 S. Card. Cusan concord Cathol l. 3. c. 5. Vide Arnis p.
them to obey and though it should not excuse the king from sin yet it wholly disables and disavowes the peoples resisting their king because in all this the Prophet allowes them none other remedy but to cry unto the Lord for seeing The kings absolute power not given him to inable him for oppression but to retaine his Subjects from rebellion God hath given him directum dominium absolutum imperium though he should fail of his duty which God requireth and do that wrong unto the people which God forbiddeth yet he is solutus legibus free from all Laws quoad coactionem in respect of any coaction from the people but not quoad obligationem in respect of obedience to God by his obligation for though Kings had this plenitudinem petestatis to rule and govern their people as the father of the family rules his houshold or the Pilot directs his Ship secundum liberum arbitrium according to his own arbitrary will yet that will was to rule and to guide all his actions according to the strict Law of common equity and justice as I have often shewed unto you But though this arbitrary rule continued long and very general for Diodorus Diodor. Siculus l. 2. c. 3. Boemus Aubanus tamen asserit voluntatem regum Aegypti pro lege esse Siculus saith that excepting the Kings of Egypt that were indeed very strictly tied to live according to Law all other Kings infinitâ licentiâ ac voluntate suâ pro lege regnabant ruled as they listed themselves Yet at last corruption so prevailed that either the Kings abusing their power or the people refusing to yeild their obedience caused this arbitrary rule to be abridged and limited within the bounds of lawes whereby the Kings promised and obliged themselves to govern their people according to the rules of those established lawes for though the supreme Majesty be free from all Lawes spontè tamen iis accomodare potest the king may of his own accord yeild to observe the same and as the German Poet saith German vates de rebus Frid. l. 8. Nihil ut verum fatâ—ar magis esse decorum Aut regale puto quà m legis jure solutum Sponte tamen legi sese supponere regem and according to the diversities of those Laws so are the diversities of government How diversities of government came up among the several kingdoms of the earth for I speake not of any Popular or Aristocratical state therefore as some kings are more restrained by their Lawes then some others so are their powers the lesse absolute and yet all of them being absolute Kings and free Monarchs are excepted from any account of their actions to any inferiour jurisdiction because then they had not been Monarchs but of Kings had made themselves Subjects Thus you see that rule which formerly was arbitrary is now become limited but limited by their own lawes and with their own wills and none otherwise for I shewed you else-where that the Legislative power resided alwayes in the King even as Virgil saith Virgil Aeneid I. Gaudet regno Trojanus Acestes Indicitque forum patribus dare jura vocatis And as that mirror of all learned Kings saith King Fergus came to Scotland before Rex Jacobus in the true Law of free Monarchs p. 201. any Statutes or Parliament or Lawes were made and you may easily finde it that Kings were the makers of the Laws and not the Lawes the makers of Kings for the Lawes are but craved by the Subjects and made onely by him at their rogation and with their advice so he gives the Law to them but takes none from them and by their own Lawes Kings have limited and abridged their own Right and Power which God and nature have conferred upon them some more some less according as their grants were unto their people §. The extent of the grants of Kings what they may and what they may not grant what our Kings have not granted in seven speciall prerogatives and what they have granted unto their people ANd here I would have you to consider these two points concerning these Two things considerable about the priviledged grants of Kings 1. The extent of the grants of kings Prov. 30. 15. grants of Kings unto their Subjects for 1. Of the extents of these grants 2. Of the Kings obligation to observe them 1. It is certain that the people alwayes desirous of liberty though that liberty should produce their ruine are notwithstanding like the daughters of the Horse-leech still crying unto their Kings give give give us liberties and priviledges more and more and if they may have their wills they are never satisfied Till Kings by giving give themselves away And even that power which should deny betray For the concessions and giving away of their right to govern is the weakning That it is to the prejudice of government to grant too many priviledges to the people of their government and the more priviledges they give the less power they have to rule and then the more unruly will their Subjects be and therefore the people being herein like the horses the Poets faigne to be in Phaebus chariot proud and stomackfull Kings should remember the grave adâ—ice the Father gave unto Phaâ—ton Parce puer stimulis sed fortiùs utere loris Ovid. Met. l. 1 Sponte sua properant labor est inhibere volantes They must be strongly bribled and restrained or they will soone destroy both horse and rider both themselves and their Governours Yet many Kings Constrained gifts not worthy of thanks either foâ—cibly compelled by their unruly Subjects when they might think and therefore not yield that Who gives constrain'd but his own feare reviles Not thank't but scorn'd nor are they gifts but spoiles Or else as some intruding usurping Kings have done to retaine their unjustly gained crownes without opposition or as others out of their Princely clemency and facility to gain the more love and affection and as they conceived What moved Kings to grant so many priviledges to their Subjects the greater obligation from their Subjects have many times to the prejudice of themselves and their posterity to the diminution of the rights of government and often to the great damage of the Common-wealth given away and released the execution of many parts of that right which originally most justly belonged unto them and tyed themselves by promises and oaths to observe those Laws which they made for the exemption of their Subjects But there be some things which the King cannot grant as to transfer the Majora jura inseperabilia à Majestate ne queunt indulgeri subditis ita cohaerent ossibus ab illo separari si ne illius destructione non possunt Paris de put eo Arnisaeus l. 2. c. 2. de jure ma. Blacvod c. 7. pag. 75. things that the King cannot grant right of succession to any other then the right heir to whom it doth
obliged to perform such a promise or to keep such an oath to tell you mine own judgement I think he ought not to perform it and our own Law tels us what grants soever are obtained from the King under the broad Seal by fraud and deceit those grants are void in Law therefore seeing the Act for the perpetuity of this Parliament was obtained dolâ— pessimo to the great dishonour of God and the ruine both of Church and State when their pretence was very good though the goodness of his Majesty in the tenderness of his conscience was still loath to allow himself the liberty to dissolve it until he had other juster and more clear causes to pronounce it no Parliament as the abusing of his grant to the raising of an Army and the upholding of a Rebellion against their Soveraign yet I believe he might safely have done it long agone without the least violation of God's Law when their evil intentions were openly discovered by those Armies which they raised For I doubt not to affirm it with the Authour of The sacred Prerogative of Christian Kings p. 144. if any good Prince or his royal Ancestors have been cheated out of their sacred right by fraud or force he may at the fittest opportunity when God in his wise providence offereth the occasion resume it especially when the Subjects do abuse the King's concessions to the dammage of Soveraignty so that it redounds also to the prejudice either of the Church or Common-wealth 3. When the King through fear not such as the Parliaments fear is who 3. Grants gotten by force not to be observed were afraid where no fear was and were frighted with dreames and causelesse jealousies but that fear which is real and not little but such as may fall in fortem constantem virum doth passe any Law especially that is prejudicial to the Church and injurious to many of his Subjects I say that when he shall be freed from that fear he is not onely freed from the obligation of that Law but he is also obliged to do his uttermost endeavour to annul the same it is true that his fear may justly free him from all blame at the passing of it as the fear of the thief may clear me from all fault in delivering my purse unto him because these are no voluntary acts and all acts are adjudged good or evil according to the disposition of the will the same being like the golden bridle The will must never consent to forced acts that are unlawful His Majesties answer to the Petition of the Lords and Commons 16. Julii p. 8. that Minerva was said to put upon Pegasus to guide him and to turn him as she pleased but when his fear is past and God hath delivered him from the insurrection of wicked doers if his will gives consent to what before he did unwilling who can free the greatest Monarch from this fault Therefore His Majesty confessing which we that saw the whole proceedings of those tumultuous routs that affrighted all the good Protestants and the Loyal Subjects do know that it could not be otherwise that he was driven out of London for fear of his life I conclude that the act of excluding the Bishops out of Parliament being past after his flight out of London can be no free nor just nor lawful act and the King when he is more fully informed of many particulars about this act that is so prejudicial to the Church of Christ and so injurious to all his servants the Clergy whose rights and priviledges the King promised and sware at His Coronation to maintain cannot continue it in my judgement and be innocent But this is answered by the answerer to Doctour Ferne that he is no more Ob. Pag. 31. bound to defend the rights of the Clergy by his oath then the râ—st of the Lawes formerly enacted whereof any may be abrogated without perjury when they are desired to be annulled by the Kingdome To which I say that as His Majesty confesseth there are two speciall questions Sol. His Majesties answer to the â—eâ—onstrance or declaration of the Lords and Commons 26. of May 1642. 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 1. The one to all the Commonalty and people of England Clergy and Laity The first part of the Oath Populâ— Anglicaâ—o Vide D. p. 165. 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 modis contrahitur contractus iiâ—dem dissolvitur and therefore as any compact or contract is made good and binding so it may be made void and dissolved mutuo contrahentium â—ssensu 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 Contracts wherein God is interessed cannot be dissolved without God King and His Subjects which therefore cannot be dissolved by the consent of the parties untill God who hath the cheifest hand in the contract gâ—ves 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
of the liberty of the Subjects and suppressing tyranny shaked of the yoke of all true Obedience and dashed the rights of government all to pieces therefore as the law of God and the rules of his own conscience should keep every Christian King from exercising any unjust tyranny over his Subjects so if men will transcend the rules of true obedience the Kings Power and authority should keep them from transgressing the limits of their just liberty but this unlawfulnesse of resisting our lawful King I have fully proved in my Grand Rebellion and it is so excellently well done by many others that I shall but acta agere to say any more of it CHAP. XVII Sheweth how tribute is due to the King for six special reasons to be paid the condition of a lawful tribute that we should not be niggards to assist the King that we should defend the Kings Person the wealth and Pride of London the cause of all the miseries of this Kingdome and how we ought to pray for our King 4. TRibute is another right and part of that honour which we owe unto our King Negotia â—nim infinita sustinet equabile jus omnibus administrat The great charge of Princes periculum à republica cùm necessitas postulat armis virtute propulsâ—t bonis praemiâ— pro dignitate constituit imprâ—bos suppliciorum acerbitate coâ—rcet patriam denique universam ab externis hostibus ab intestinis fraudiâ—us tutam vigilantia sua praestat haec quidem munera aut opere tuetur aâ—t quoties opus fuerit tuenda susciâ—it qui autem existimat haec tam multa munera sine maâ—imis sumptibus sustineri posse mentis expers est atque vitae communis ignarus â— ideirco hoc quod communi more receptum est ut reges populi sumptibus alantur Osorius de rebus Emanuel lib. 1â— p. 386. nâ—n est humanâ— tant ù◠jure sed etiam diuino vallatum saith eloquen Osorius â—or he undergoeth infinite affaires he administreth equal right to all his people he expelleth and keepeth away from the Common-wealth all dangers when necessity requireth both with armes and prowesse he appointeth rewards to the good and faithful according to their deserts he restraineth the wiâ—ked with the sharpnesse and severity of punishments and he preserveth his Country and Kingdome safe by his care and watchfulnesse both from Forraigne foes and intestine frauds and these offices he dischargeth indeed and undertaketh to discharge them as often as any need requireth And he that thinketh that all these things so many and so great affaires can be discharged without great cost and charge is void of understanding and ignorant of the common course of liâ—e and therefore this thing which is received by a common custom that Kings should be assisted and their royalty maintained by the publick charge of the people is not onely allowed by humane law but is also confirmed by the divine right Men should therefore consider that the occasions of Kings are very great abroad for intelligence and correspondency with Foreign States that we may reap the fruit of other Nations vent our own commodities to our best advantage and be guarded secured and preserved from all our outward enemies and at home to support a due State answerable to his place to maintain the publique justice and judgements of the whole Kingdom and an hundred such like occasions that every private man cannot perceive and think you that these things can be done without meanes without money if you still pour out and not pour in your bottle will be soon empty and the Ocean sea would be soon dried up if the Rivers did not still supply the same and therefore not onely Deioces that I speak of before when he was elected King of the Medes caused them to build him a most stately Palace and the famous City of Ecbatana and to give him a goodly band of select men for the safeguard of his Person and to provide all other things sitting 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 locâ—ples quicquid custodit avarus Jure quidem nostrum est populo concedimus usum Gunterus But also Solomon and all the rest of the Kings of Israel required no small aid 1 Reg. 12. 4. Tertul. to 3. de pudicit c. 9. Pamel in Tertul 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 are an abomination unto the Lord and so S. Augustine useth the Deut. 23. 18. Aug. de Civit. deâ— l. 10. c. 9. 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 out of 1 Sam. 17. 24. where this reward is promised to him that killed Goliah that his father's house should be absque tributo free from all tribute 1 Sam. 17. 25. in vulgata editione 2. reg 11. 28. 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 and he appointed Adoniram the Son of Abda over the tribute 1. Reg. Barrad to 2. l. 5. c. 21. p. 340. 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 they paid tribute to the Romans and our Saviour Josephus l. 15. c. 18. bids us not 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 omiâ— this duty though he never wrought any other miracle about money yet herein when he had never a peny he would create money in the mouth of a fish as S. Barrad to 2. l. 10. c. 32. p. 317. 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
The power of the King to call a Parliament to deny what he will and to dissolve it when he will Why our King suffereth BUt when all that hath been spoken cannot satisfie their indignation against true obedience and allay the heat of their rebellious spirits they come to their ultimum refugium best strength 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 I will only And whatsoever I speak of Parliaments in all this Discourse I mean of Parliaments disjoyned from their King and understand only the prevalent faction that ingrosseth and captivaâ—eth the Votes of many of the plain honest minded party which hath been often seen both in general Councels and the greatest Parliaments 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 â—ee yet I say that besides this our right while we sit in Parliaâ—â—nt 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 leavâ—â— moneys and raise armes against our King for I conceive the Priviledges Priviledges of Parliament what they are of Parliament to be Privatae leges Parliament a proceeding accâ—â—ding 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 is singularly well shewed Pag. 11. 38 39 40. 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 hs 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 and they do 2 Pet. 2. 13. ill to petition when they might command and I am confident that no records except of such Parliaments as have most unjustly deposed their As Edw. Carnarvan and Richard the second Kings can shew us one example that the Parliament should have a power 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 That the King is universis major greater then all proved himself 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 and prove that the King being invested with all the power of God having given and the people having yielded their power to thâ—ir King they can never challenge any power but what they have derivâ—d from their king 2. Reason Sol. 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 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 then to perswade a people that they are not well 2 Sam 15. 4. governed as you may see in the example of Absolon who by
Saint Augustine saith that if they who do bear Rule in Democracy do corrupt justice a good powerfull man may lawfully change that Democraticall government into an Aristocraticall or Monarchical but you shall never finde it in any Christian Authour that any man be he never so good never so powerfull may lawfully upon any occasion or pretence change the Monarchy into an Aristocracy or Democracy because it is lawfull for us to reduce things from the worst and remotest state to the better and the nearer to the original forme but not from the better to a worser and remoter from its original institution which is then soundest when it is nearest to its first ordination CHAP. III. Sheweth the Monarchicall Government to be the best forme the first Government that ever was agreeable to Nature wherein God founded it consonant to God s own Government the most universally received throughout the world the immediate and proper Ordinance of God when the other Governments began how allowed by God the quality of elective Kingdoms not primarily the institution of God and the nature of the People The Monarchicall government best THerefore it is apparent that of all sorts of Government the Monarchy is absolutely the best and of all Monarchs the best right is that which is hereditary because it is 1. The first in Nature 2. The prime and principal Ordinance of God For 1. Though Master Selden saith that naturally all men in oeconomick rule 1. Reason Selden in his Titles of Honour lib. 1. being equally free and equally possest of superiority in those ancient propagations of mankinde even out of Nature it selfe and that inbred sociableness which every man hath as his character of civility a popular sâ—ate first raised it selfe which by its own judgement afterward was converted into a Monarchy and in the fourth page of his Book rejecteth the opinion of great Philosophers that affirm with Saint Austin the first of the three Governments to be a Monarchy and affirmeth possitively that the Monarchy hath its original out of a Democracy as Aristocracy likewise had yet I say that this contradicteth his first Thesis where he asserteth that the husband father and master of the house ruled as a King and therefore the Monarchy must needs be before either Aristocracy or Democracy and where citing Pausanias that In Booeticorum initio saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Monarchy an cienter then any other Government All Greece was anciently under Kings and no Democracies he is driven to confess pag. 5. that a family being in Nature before a publick ociety or Common-Wealth was an exemplary Monarchy and in that regard Monarchy is to be acknowledged ancienter then ary other state and so noâ— oâ—ey the Orthodoxal people but the Pagan also had this notion thereof by the instinct of Monarchicall government most agreeable to Nature Nature for the Cappadocians being vanquished by the Romans did instantly request them to give them a King protesting that they were not otherwise able to maintain themselves and so most otheâ— Nations esteemed that true which Herodian saith that as Jupiter hath command over all the gods so in imitation of him it is his pleasure that the Empire of men should be Monarchicall And indeed it is concluded by the common consent of the best Philosophers Monarchy founded in Nature that the Laws of Nature lead us to a Monarchy as when among all Creatures both animate and inanimate we do always finde one that hath the preheminence above all the rest of his kinde as among the Beasts the Lion among the Fowls the Eagle among Grains the Wheat among Drink the Wine among Spices the Baulme among the Planets the Sun and all the best Divines conclude the Monarchicall government to be the most lively image and representation Consonant to the Divine government of the divine regiment and government of God who as sâ—le Monarch ruleth and guideth all things and therefore we finde all the Nations of greatest renown lived under the Royal Government as the Sâ—ythians Aethiopians Indians Assyrians Medes Aegyptians Bactrians Armâ—nians Macedonians Jews and Romans first and last and at this day the most famous people live under this forme as the English French Spaniards Pâ—lonians Danâ—s The Government of the most famous Nations Monarchicall Summo dulcius unum stare loco sociisque comes discordia regnis Statius Thebaid 1. Muscovites Tartars Turks Abissines Moores Agiamesques Zagathinians Cathaians yea and the Salvage people lately discovered in the West Indies as being guided thereto by the rules of Nature do all of them in a manner live under the Government of Kings and I beleive the Apostle doth specially mean the Regal Government though he speaketh plurally of poweâ—s as understanding the same of many Kings because he speaketh but of one 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 one sword which being wrested out of the hand of the King and put amongst many would make them all like mad men â—all out and fight which of them should bear it when one Sword can never be well guided by many hands and therefore I think it is a madness indeed for any people to be weary of that government which God first ordained which is most agreeable unto Nature most consonant to God's government most acceptable to God himself and most profitable unto men and to affect a late new invented government full of all dangers and inconveniences A family is a small kingdom and a kingdom a great family Therefore it is apparent that Monarchie is the first Ordinance of all governments a family being nothing else but a small Kingdome wherein the patâ—rfamilias had Regal power potestatem vitae necis even over his own children as I have elsewhere shewed in the example of Abraham and of other Heathens that justly executed their own sons and a Kingdom being nothing else but a great family where the King hath paternal power and more then fathers now have because of the great abuse that divers fathers committed while they had their plenary authority therefore it was thought fit to abridge them of that pristine power and to place it all in the hands of the more publique father And to make this yet more plain unto the World I would fain know of these Democratical men their Democracy and Aristocracy had their being and came first in use 1. When 2. How I have shewed the age of Monarchy to be from Adam primâ—que ab origine mundi Ad mea perpetuum deduxi tempora Regem And I cannot remember that any Democracy or Aristocracy was in all the Assyrian When Aristocracies and Democracies began Monarchy which notwithstanding lasted above a thousand years for the Aristocracies of Greece alas they are but of yesterday of no age long after Homers time which yet lived but about the time of Jephte Judge of Israel and besides I will not believe Quicquid Graecia mendax Audet in historiis And for the Democracy of Rome Titus Livius sheweth