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power_n	king_n	law_n	restrain_v	2,948	5	9.3714	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A80120	A collection of the rights and priviledges of Parliament. Together, with the true and just prerogatives of the kings of England. Collected out of ancient writers, both divine and morrall. Informing the willing man, convincing the flatterer, and vindicating those that pray for the tranquillitie of this our Syon. / Written by a Gentleman that wishes all happinesse and peace, to this distracted kingdome.	Gentleman that wishes all happinesse and peace to this distracted kingdome.	1642 (1642)	Wing C5207; Thomason E239_12; ESTC R3898	15,173	15

sayes D. O. without and beside the Princes Authoritie beareth the sword shall perish by the sword Christopher Goodman sayes he Pag. 28. Published a Treatise of obedience at Geneva not without the very good liking and approbation of the best learned of that Citie Wherein he affirmeth that if Magistrates offend Gods Law themselves and Command others to do the like they loose that honor and obedience which otherwise is due unto them and ought no more to be taken for Magistrates but to be examined and punished as private transgressors 1577 Sayes he came forth the Vindiciae contra Tyrannos with this resolution that Princes are chosen by God established by the people every private man is subject to the Prince the multitude and Officers of the State which represent the multitude are Superiours to the Prince yea they may judge his actions and if he make resistance punish him by forceable meanes Bucanus whose booke was published at the request and with the approbation of Beza and Goulartius maine Pillars of the Church of Geneva saith that they who beare any part of Office in the publike Administration of the Common-wealth as the Overseers Senators Consulls Peeres or Tribunes may restraine the insolency of evill Kings In his 29. Pag. Inferiour Magistrates saith Iohannes Baptista Ficklerus are the defendors and Protectors of the Lawes and Rights of the State and have Authoritie if need require to Correct and punish the Supreame King An English Fugitive saith he who was the Author of the Booke De justa abdicatione Henrici Tertij Affirmeth that all the Majesty o● the Kingdome is in the assembly of Statesmen to whom it belongeth to make Covenants with God to dispose of the affaires of the Kingdome to appoint matters pertayning to warre and peace to bridle the Kingly power and settle all things that belong to publike Government And the most seditious Dolemon as he stiles him saith that all humane Law and order Naturall Nationall and Possitive doe teach that the Common-wealth which gave Kings their Authoritie for the Common good may restraine and take the same from them if they abuse it to the Common ill who with many more of his opinion as he saith are discovered and refuted by D. Mourton but till he tels me where I may finde it in D. Mourton and that it prove so I dare not give him so much credit because he appeares to be faultie by what he hath already spoken I presume rather to give credit to Calvin Iewell Fox and the rest who are of the same opinion with these he hath quoted their opinions being allowed of and published by the authority of our owne Kingdome which till better satisfaction must beare sway with me He sayes this Puritan dangerous error as he calls it is directly repugnant to the Law the Gospel the Precepts of the Apostles the practice of Martyrs and the Doctrine of the Fathers Councells and other writers as he hath prooved in the six former Chapters wherein the holy Texts of Scripture which the Papists and the Puritans doe damnably abuse against the Ecclesiasticall and civill authority of Kings shall be answered by the Godly Protestants Her 's a great cry yet but little Wooll if he had or could doe that which he heere professes he hath done to proove what he sayes as he should do it were somewhat but he showes not neither against what Law what Gospell what Precept of the Apostles or Practice of the Martyrs these things are and when they shall be answered by the Godly Protestants we may expect for he doth not nor can tell us when it will be The substance of his whole leafes is That God hath inseperably annexed to the Crowne of Majestie an absolute immunitie from judiciall sentence and Martiall violence And that Kings are freed from bonds and cannot be drawne to punishment even by the power of Government and the Etymologie of their names And although no earthly man can be found that is not subject to the lawes of the world in respect of subjection liable to correction Yet Kings as it were placed over lawes are not restrained by them but reserved to the examination of God according to the Words of the King and Prophets against thee only have I finned It becommeth a King both in respect of the Noble disposition of his mind the Spirituall illumination of his Soule c. And who shall say unto the King what doest thou And that all Persons within the Kings Dominions stand bound in Law Allegiance and Conscience to obey their pleasure or to abide their punishment and that Kings are not subject to the controle of man but by speciall Prerogative reserved only to the judgment of God These are his generall positions and also the substance of his proofes as upon examination may be seene How raw childish and scandalously beguiling they are let the indifferent judge He forgets that Iosua flew and hanged five Kings in one day And I know he hath read of severall others who have also beene taken and put to the sword in a Martiall way and the Actors not charged with Sedition Treason or sinne for doing it where then was the absolute immunitie he speakes off or why did not the Etymologie of their names reserve them from the judgement of God executed by the hand of man but Verbum sat sapienti Judgments are prepared for scorners and stripes for the backs of Fooles Contra verbosos and men maliciously bent against the truth Nolo contendere verhis We may see by this little the disposition and spirit of the man by his fruits we may know him he is one of them who labour to have the persons and titles of men in admiration deceiving and being deceived Touch not mine Annointed is one of their high theames King the Title of a man and an earthly Magistrate must now be the name above all names which they once ascribed to the name Jesus to be bowed unto adored yea indeed to be made a God off if shame would let them speak out these are their nointed letters Priviledged and having speciall Prerogative in them when besprincled with their holy water that the man whose tittle they shall be needs nothing else to fit him for heaven his Soule is presently thereupon Spiritually illuminated and such a Noble disposition put into his minde that he can never after be faulty or be subject to question He would seeme to be of a middle sort betweene Papist and Puritan as he is pleased to style him but if he and a Papist were put into a sack together and the Pope had the shaking of them out he would not feare to shake out a Protestant unlesse one of our new Protestant professors such an one as is now observed in many Romanists who go to Church with the Protestant sometimes but like Birds of a feather runne and joyne with the Papist and the Papist with them sheltring themselves among such Protestant professors and Universitie Doctors who now as all the world may see joyne hand to hand purse to purse and all that they can make or do as did those Bishops and Doctors before spoken of to roote out and to destroy all that stands in their way of Pompe and Greatnesse And as they did have set our Kings heart on fire against his best subjects presenting them to his Majesty under no other Notion or style but Traytors Puritants Rebells and the like and that they seeke to take both Sword and Scepter from him and that they would not live in order and under Government Cuius contrarium verum est as will one day be manifest So loath is the Pope and his party to be thrust quite out of the doores of our Kingdome they would faine keepe one foot at least in still for then there would be hopes to get in more The great assembly and wisedome of our State must now be limmited by them They need not alter any of our Predecessors Lawes and Customes it shall be enough to confirme them as they stand But we doubt not but that God will still be the wisdome and strength of our great Assembly to do and establish such things as shall be for our Kings Honour the Kingdomes peace and the confusion of their enemies That is the Ordinance and power which God hath set over us and we chosen for our protection and safety which we ought to sticke too and maintaine least we againe enthrall our Soules Persons and Estates to the bondage we were lately in and did groane under which by some seemes too soone to be forgotten That which we sow that shall we also Reape FINIS

the Nobles of the kingdom assemble together deposing him from his kingdome set up another in his place which shall sweare to rule and governe uprightly and to be obedient to his Lawes Ibid Fol. 880. The Brittish Nobilitie combine themselves depose Vertigerne for his improvident admission of the Saxons elect Vertimer his son Dan Fol. 7 See the lives and raignes of king John Hen. 3. Edw. 2. Ibid. Dan. I allow not them who attribute so ample and large authority unto Kings that they will not have them bound under any Lawes for such as do so say are but flatterers which do talke otherwise then they thinke for albeit they say the moderation of the Law is alwayes in the Kings power that doe I thus understand that when as reason shall perswade he ought to digresse from the rigour of the Law for he is called a king which careth and provideth for the Common-wealth taketh pleasure in the commoditie and profit of his subjects and in all his doings hath respect to the commodity of those over whom he ruleth which if he doe not he is not to be counted a King but a tyrant whose propertie it is onely to seeke his owne profit for in this point a King differeth from a tyrant that the one seeketh the commoditie and profit of those whom he ruleth and the other only his owne The which to make more manifest the cause is also to be alledged wherefore kings were ordained at the beginning Cicero saith it is certaine there was a time when as the people lived without kings but afterwards when lands and possessions began to be divided according to the custome of every Nation then were kings ordained for none other cause but onely to exercise justice for when as the common people were oppressed by rich and mighty men they ranne by and by to some good and vertuous man which should defend the poore from injurie and ordaine lawes whereby the poore and rich might dwell together but when as yet under the rule of kings the people were often times oppressed Lawes were ordained instituted the which should judge neither for hatred nor favour and give like eare unto the poore and unto the rich wherby we understand and know that not onely the people but also the King to be subject to the Lawes Fox voll 1. Fol. 880. The Lawes are Iuracoronae or Iura Regia because saith Braston a learned Iudge in the time of Hen. 3. the King is under no man but God and the Law for the Law makes the King therefore let the King attribute that to the Law which from the law he hath received to wit power and dominion for where will and not law doth sway there is no King The Crowne of England descends to the next of bloud onely by the custome and Law of Kingdome for the Successor is not said properly to be the heyre of the King but of the Kingdome which makes him so Dan Fol. 29. It s a harsh thing to a power that hath once gotten out into the wide liberty of its will to heare of any reducing to its circle not considering how they who inherit offices succeed in the obligation of them and that the most certaine meanes to preserve unto a King his Kingdome is to possesse them with the same conditions that he hath inherited them Ibid Fol. 121. Such of the Pylots Royall of this Land as have made use of and relyed upon the ancient Lawes and long settled Customes of this nation for their Card and Compasse for the guiding of the Barke of this Common-wealth have most honourably and prospercusly sayled through all the most difficult and dangerous passages and roughest billowes in the most boisterous stormes and at length have atived at their desired haven with infinite glory to themselves and the nation And such who willfully or seducedly rejected and contemned those Lawes and customs were during all or the most part of their Reignes tost and turmoyled both they and the whole Kingdome in most wofull sort to the very period of iminent and jrrevocable destruction of themselves and the losse of the state The excellent fruite of Parliaments in this state at all times and that those Princes who were most conversant in them were alwayes most happy in their government is best observed in the histories at large And the cause why Facitus did ascribe so much to the prosperous proceedings of the Romans was quodnon in communi cousuelerint and the Scripture saith By wise counsell thou shalt make thy war that in the multitude of Councellours there is safetie And as Sir Walter Raleigh spake it shall ever be my prayer that our King embrace the Councell of honour and safetie and let other Princes embrace that of force Our King saith Commines is the King in the world who hath least cause to alledge that he hath privilidges to leavie what he listeth upon the subjects seeing that neither he nor any other Prince hath power so to do and those that say he hath do him no honour nor make him to be esteemed but cause him to be hated and feared of his neighbours who for no thing would live under such a government How ever the very doings of men be judged yet the Lord did as well execute his work by them when he did break the bloudy Septers of proud kings and overthrow their intollerable governments Let Princes heare and be afraid but we in the meane time must take great heed that we do not despise or offend that the authority of Magistrates ful of reverend Majesty which God hath established with most weighty decrees although it remaine with most unworthy men and which do with their wickednesse so fat as in them is defile it For though the correcting of unbridled government be the revengment of the Lord Let us not thinke by and by that it is committed to us to whom is given no other commandement but to obey and suffer I speake alway of private men for if there be at this time any Magistrats for the behalfe of the people such as in the old time were the Ephori● that were set against the kings of Lacedemonia or the Tribunes of the people against the Roman Consuls or the Demarchy against the Senate of Athens And the same power also which peradventure as things are now the three estates have in every Realme when they hold their principal assemblies Parliaments I do so not forbid them according to their Office to withstand the outraging licensciousnesse of Kings that I affirme that if they winke at Kings wilfully raging over and treading downe the poore communalty their dissembling is not without breach of faith because they deceitfully betray the liberty of the people whereof they know themselves to be appointed Protectors by the ordinance of God Thus Calvin in his Inst lib. 4. Chap. 20. Sect. 31. And in that obedience which we have determined to be due to the authoritie of Governors this is alwayes to be

transgresseth it himselfe David did never assume so much to himselfe as to desire to have liberty to doe what him listed in his Kingdome but willingly submitted himselfe to that which his Office and duty required making then even when he was installed and established King over the whole land a Covenant of peace with the Princes and Deputies of the people and we know that in every Covenant and Bargaine both parties are bound to each other by a mutuall bond to performe the conditions which they are agreed upon the like is used at the Coronation of Christian Kings whereas the people are bound to do their Allegiance to their Kings so the Kings are also solemnly sworne to maintaine and defend true Religion the Estate of Iustice the Peace and Tranquilitie of their Subjects and the Rights and Priviledges of the Realme Whereas David was by the Prophet Nathan reprooved for his Adultrie and murther he neither used any excuse nor alledged any priviledge whereby he was exempted from the rigour of the Law to justifie his fact But freely confessed without any cloake that he had sinned Theatre of Gods judgements Fol. 13. Where we also may see in divers examples the Vengeance of God upon such Princes as have not walked in the way of justice and equitie towards their people The Holy and Iust Commandements of God are Thou shalt not kill Thou shalt not steale thou shalt not Covet nor desire c. And Christ came not to destroy but to fulfill the Law as appeares by that Give unto Caesar the things that are Caesars then all things are not at Caesars will that which the people have is not his there is a due and a right to them and but a due and a right to him The Prince shall not take of the peoples inheritance nor thrust them out of their possession but he shall cause his sonnes to inherit of his owne possession that my people be not scattered every man from his possession Ezek. 46.18 If the Law then be glorious how much more the Gospel As Saint Paul speakes And yet that the Prince may Command or Demand our Purses Persons and Cattle at pleasure and that the People must neither shun nor shrinck from either is good Bishops doctrine now a dayes Now God spake these words and said Thou c and is there any exceptions of Persons with God What man is exempted or priviledged from giving obedience thereunto Surely none that I know If any be let the man be pointed out And as the Commandements of Almightie God are Negative Commands Thou shalt not So also do they on the contrarie include an affirmative Precept Thou shalt preserve from Killing and Destruction against all wilfull and unlawfull Acts of man what ever he be thy Estate and Life For the Body is more worth then Rayment And all may know that our Lawes do hold that Man guiltlesse who thus standing in his owne defence may happily be a meanes of taking away his life who gave the offence And thus surely is the Law of Nature too Yet such hath lately bin the Develish policie of those who would be accompted the holy fathers of our Church that our Godly Ministers must not expound the Catichisme and so not the Ten Commandements of God Blind ignorance must still be the Mother of our Devorions But if the blind lead the blind both shall fall into the Ditch Read them indeed they might as under their Graces elbowes and then what might some judge in respect of their and their favourers practice to be the exposition of them but thus Thou shalt have none other Gods but me c. But I may Thou shalt not Kill Steale Slander Backbite and Covet but I may and such and such a man may Such is their Protestant Doctrine and profession Rome was not built in one day nor could be repaired on a sudaine they brought Bricks and Morter a pace but God confounded their language and will still confound their enterptises to their confusion Maugre all their subtile insinuations and malicious Councels and undertakings For every plant that he hath not planted shalibe rooted up And who hath resisted the Lord and Prospered Baalam the false Prophet for but teaching the people to offend God was withstood by an Angell reprooved by his Asse and slaine by the sword as appeares by his story These Peeces were gleaned for private use and to give an account to friends of my thoughts and resolutions concerning this busines so much at this time questioned by which we may see that they are not new things as some would make us beleeve but that they are the old received truths of our best Divines and Historians That they come into publicke is because I have met with some Collections dedicated to all dutifull subjects by D. O. Who spareth not to Stigmatize and brand with Puritane Iesui●isme-puritan breakers downe of the wall of Sion batterers of the Courts of Princes seditious and the like Calvin Iewell Fox and others of Reverend and Grave esteeme as appeares by their workes and writings which have beene generally well approved of and allowed by the authority of this our Kingdome a part of which the foregoing Collections are as may be seene whose goverment I shall ever preferre before such Headie Rash Childish and Scandalously beguiling lines as those of D. O. are For by his quotations in that part to the dutifull Subjects he would make the world beleeve that Iewell Rabington and Fox with others speake with him which if true in these three Let the Readers judge the others I have not nor thinke it worth my time to examine seeing his sencere dealing which he there professeth is so grosse and shamefull in these And that in his 27.28 29. Pag. Where he first confesseth that Calvin doth very Learnedly and Christianly intreate of the Authority of Princes and the dutie of Subjects yet when Calvin and others there quoted by himselfe speake contrarie unto him then its a Puritane dangerous errour harsh and delivered in obscure and doubtfull termes a seditious gangreene derived from Rome Lacedemon and Athens whereby the Kings of Christendome are dayly crucified as Christ their Lord was betweene two Theeves the Papist and the Puritan and a deadly poyson prepared for Princes whom they in their owne irreligious and Traiterous hearts shall condemne for Tyranny I shall here give you an account of some whom himselfe hath done us the favour to take notice of Truth will be discovered though by the enemies of it In his 21. Pag. Thomas Aquinas saith he makes three sorts of Kings Kings by Election Kings by Subordination and Kings by Succession For the first he saith that they which did establish may abolish You may read the rest there In the same Page he produceth Gratianus thus whosoever besides the Prince and without his Authoritie that hath Lawfull power as the Apostle teacheth beareth not the Sword in vaine to whom every Soule must be subject but whosoever I say