the building of his Temple by Solomon was to be Hierusalem and no where else to perform the commanded Publick Service of God under the punishment of cutting off that soul from his people that should do otherwise Yet the hour cometh and now is that is coming or beginning to come that the partition-Wall betwixt the Jews and the Gentiles shall be broken down and the bounds and borders of Gods Church and the true worshippers of God shall be inlarged and they may lawfully without offence worship God not only in Jury where God was only formerly known aright but also in all the Nations and in any Kingdom of the World so they worship him in spirit and in truth as they ought to do But here is not one syllable intimating that they should not or needed not to meet to serve God in the Publick Church but that whensoever and wheresoever in any Kingdom of the Earth they should gather themselves together in the Publick Church to worship God they should worship him in spirit and in truth otherwise their worship is to no purpose and will avail them nothing though they should do iâ— publickly in the Church This is the true meaning of our Saviours words 2. We have another sort of Sectaries that yield it requisite and convenient Obj. 2 for the Saints and servants of God to meet and gather themselves together for the Service of God and do acknowledg the great benefits that may accrew and be obtained in a Congregation rather than by any single person but they think there is no necessity of their meeting in a Material Church or a Steeple-house as they call it rather than in a house or a chamber or a barn or any other place where they shall appoint to meet because God hath made all places and there is no reall Sanctity in any one place more than in any other but the sanctity or holiness must be in the hearts of the men and not in the place which is not capable of any sanctity and therefore it is rather our superstition than Gods injunction to require and command men to come to such Material Churches as to the more sanctified places rather than to such private houses where these Saints do publickly meet to serve God To make a full Answer to this their Objection you must understand Sol. that the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 holy is derived from the privative particle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifieth the Earth as if to be holy were nothing else but to be pure and clean and separated from all earthly touch And it is taken two wayes 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Simply Holiness taken two wayes 1. Way 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In some respects And 1. Way God only is Holy and the Author of all Holiness and as the Blessed Virgin saith Holy is his Name And therefore those Seraphims which Esaias saw and those wonderous creatures which S. John saw did Esay 6. 3. Apoc. 4. 8. cry Holy Holy Holy Lord God of Hosts three times together which we do not read of any other Attribute of God And the Lord himself in that golden Plaâ—e that was to be on Aarons forehead caused these words to be ingraven 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Holiness is of the Lord as Tremellius reads it or Sanctum Domino Holiness belongeth to the Lord as the Vulgar hath it 2. Way Many other things are stiled holy by communication of holiness 2. Way and receiving their holiness from this Fountain of Holiness And so 1. The Man Christ Jesus 2. The faithful Members of Christ 3. The Outward Professors of the Christian Religion 4. All things Dedicated and that have relation to God Service as Times Persons Places and Things are termed holy sanctitate relativa 1. The Man Christ is perfectly and singularly Holy as Beda saith And that 1. By reason of his Hypostatical union with the Godhead 2. By reason of the most perfect qualâ—ity of Holiness impressed by the Holy Ghost into his Humanity 2. The true Members of Christ are truly styled holy by reason of that holiness which the Holy Spirit of God worketh in them and they practise in their lives and conversations 3. All those that do outwardly profess the holy Religion of Jesus Christ are called Saints by the holy Apostles and so they are in respect of all Rom. 1. others that either do prophane abuse or neglect the same 4. All the things that are Consecrated by the prayers of the Bishop for the Service of God and those things that are Dedicated and given for the furtherance and maintenance of God's Worship as Lands Houses and the like are by a relative sanctity rightly termed holy things because they are separated and set apart as S. Paul saith of himself 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for holy uses to bring men to holiness to honour serve and worship God that is Holiness it self And in this respect we say that the very ground walls windows and timber of the Material Church that are set forth Dedicated and Consecrated for God's Service are holy things not by any inherent reall sanctity infused into them but by a relative holiness ascribed and appropriated unto them by their Dedication and Consecration for God's Worship which makes them more holy and so to be deemed than all other earthly things whatsoever And though I will not lose my time and waste my paper to shew the folly and vanity of that ridiculous deduction of the Confuter of Will. Apollonius Grallae pag 29. in the 29. page of his Grallae against secondary or dependent holiness yet I will justifie the holiness and religious reverence that we owe and should render unto all the Material Churches that are Consecrated for Divine-Service against all prophaners of them Independents and Fanaticks whatsoever And for the satisfaction of every good and sober man that is not drunk with a prejudicate conceit against God's House I shall desire him to look into 2 Chron. 3. 1. and chap. 6. where he may find the Consecration of God's House and the prayer that Solomon made at the Consecration of it and the benefits the manifold benefits that they should reap which served God in that House And if he reads over that Chapter at his leisure and read it often and then seriously consider it and withal remember that of this House and the like Consecrated places that are Dedicated for God's Worship the Lord himself saith My House shall be Esay 56. 7. Matth. 21. 1â— Jerem. 7. 10. Psal 132. 15. called the House of prayer for all people and our Saviour Christ confirmeth the same that the Church which is the Publick place or place of Publick Prayers is rightly called the House of God and the House which is called by his Name and of which he saith This shall be my rest for ever here will I dwell for I have a delight therein Will he not confess that Gods House
Sentence and Seal 3. As the Fathers and Councils do thus acknowledge the Emperours 3. The testimony of Popes and Papists right in the Spiritual jurisdiction So many of the Popes and Papists themselves have confest the same truth and yielded the same right unto the Empâ—rour and other Soveraign Magistrate in the Church and Church-matters and over all the parsons belonging unto the Church for Platina that 〈◊〉 Plâ—tina in sâ—verino papa Library-keeper unto the Pope saith that Without the Letters 〈◊〉 the Emperour to confirm him the Pope is no lawfull Pope and 〈◊〉 great Scholar saith The Pope may be accused before the Emperour of and Zabarella de Schismaie Conciliis for any notorious crime and publick scandalous offence Imperator potest à papa requirere rationem fidei and the Emperour may inquire and call the Pope to yield an account of his faith and Religion And so many of the better Popes were not ashamed to confess the same for Saint Gregory who for his great learning and piety was sirnamed the Great writing unto Mauritius the Emperour saith Imperatori obedientiam Theodoret l. 2. c. 16. praebui pro Deo quod sensi minimè tacui I have yielded all obedience unto the Emperour and what I conceived to be truth and for God I concealed it not and before Saint Gregâ—ries time Pope Liberius being convented 2 q. 4. Mandastis to appear before Constantius denied not most readily to obey his summons So did Pope Sixtus upon the like complaint appear to purge himself before Valentinian and Pope Leo the third before Charles the Great And 2. q. 7. Nos si it is registred that Pope Leo the 4th wrote unto the Emperour Lodouick saying Si incompetenter aliquid egimus justae legis tramitem non conservavimus Epist Eleâ—th inter leges Edovard admissorum nostrorum cuncta vestro judicio volumus emendare If we have done any thing unseemly and amiss and have not observed and walked in the right path of the just law we are most ready and willing to amend all our admissions or whatsoever we have done amiss according to your judgment and Pope Eleutherius saith to Edward the â— of England Theodoretus l. 2. c. 1. Vos est is Vicarius Dei in Regno vestro that he and so every other King is Gods Vicar in his Kingdom This was the mind and sense of these Popes and many other Popes in former ages were of the same mind until pride avarice and ambition corrupted them to be as now they are And as God hath given this power and required this duty of Kings and How the Emperour and Kings executed the power that God had given them Princes to have a care of his Church and to reform Religion and the Fathers and Councels have confirmed this truth and divers of the very Popes themselves and Papists have yielded and submitted themselves unto their spiritual jurisdiction even in the Ecclesiastical causes so the Emperours and Kings omitted not to execute the same from time to time especially those that had the master power and ability to discharge their duties for Theodoret writes that Constantine was wont to say Si episcopus Idem l. 1. c. 7. turbas det mea manu coercebitur If any Bishop shall be turbulent and troublesome he shall be refrained and censured by my hands and both Theodoret and Eusebius tels us how he came in his own person unto the Councell of Sozom. l. 4. c. 16. Nice Et omnibus exsurgentibus ipse ingressus est medius tanquam aliquis Dei coelestis Angelus the whole company of the Bishops and all the rest arising he came into the midst amongst them as it were an Heavenly Angel of God And Sozomen writeth how that ten Bishops of the East and ten others of the West were required by Constantine to be chosen out by the Convocation Conciliorum Tom 2. In vita Sylvani vigâ—â—i and to be sent to his Court to declare unto him the decrees and canons of the Councell that he might examine them and consider whether they were consonant to the Holy Scriptures And the Emperour Constantius deposed Pope Liberius of his Bishoprick and then again he deprived Pope Foelix and restored Liberius unto the Popedom and in the third Councell at Costantinople he did not only sit among the Bishops but also subscribed Concil Bonâ— 3. c. 2. with the Bishops to such bills as passed in that Councell saying Vidimus Subscripsimus we have seen these canons and have subscribed our approbation of them And King Odoacer touching the Affairs of the Church saith Miramur quicquam tentatum fuisse sine nobis We do admire that you should attempt to do any thing without us for while our Bishop lived that is the Pope sine Nobis nihil tentari oportuit Nothing ought to be done without us much less ought it to be done now when he is dead And the Emperour Justinian doth very often in Ecclesiastical causes use Authent Collat. â—â—it 6. to say Definimus jâ—bemus We determine and command and we will and require that none of the Bishops be absent from his Church above the Quomodo oportet Episcop space of a year and he saith further Nullum genus rerum est quod non sit penitus quaerendum Authoritate Imperatoris there is no kind of matter that may Authent Collat. Tit. 133. not or is not to be inquired into by the Authority of the Emperour because he hath received from the hands of God the common government and principality over all men And the same Emperour as Balsamon saith Balsamon de Peccat Tit. 9. Idem in Calced Concil c. 12. Idem de fide Tit. 1. gave power to the Bishop to absolve a Priest from pennance and to restore him to his Church And the same Author saith that the Emperours disposed of Patriarchal seats and that this power was given them from above and he saith further that the Emperour Michael that ruled in the East made a law against the order of the Church that no Monk should serve in the Ministry in any Church whatsoever And we read further how that divers of the Emperours have put down Evodius inter decreta Bonifacii 1. Vâ—sbergen anno 1045. and deposed divers Popes as Otho deposed John 13. Honorius deposed Boniface Theodoricus deposed Symma hus and Henry removed three Popes that had been all unlawfully chosen and in the Councel of Chalcedon the Supreme Civil Magistrate adjudged Dioscorus Juvenalis and Thalassus three Bishops of Heresie and therefore to be degraded and to be thrust out of the Church And so you see how the Emperours Kings and Civil Magistrates behaved themselves in the Church of God and used their power and the Authority that God had given them as well in the Spiritual and Ecclesiastical Affairs of the Church and points of Faith as in the Civil
not simply of either of the two formeâ— kinds but do partly accrew from the increase and fruits of the Earth or the Cattle that are increased by their feeding thereon or otherwise are brought up under the care of mens hands And all these are the Tythes that are due and properly due to our High Priest Jesus Christ and ought to be justly paid to the Ministers of Christ for the Worship and Service of God CHAP. XVI The Answer to the choicest and chiefest Objection that the Schoole of Anabaptists have made and do urge against the payment of Tythes now in the time of the Gospel BUt though the truth of this point that all Tythes as well in the time of the Gospel as under the Law and before the law are continually due to Christ our eternal Priest and so at all times payable and to be given to his Substitutes and under-Priests is as clear as the Sun yet such hath been and is the malice of Satan against Christ and his Church that he hath raised up and stirred a whole Army of Sectaries Anabaptists and Worldlings that with might and main do fight against this Truth and labour with all their wits to suppress the same and to drive it quite out of the World And to that end they do Object 1. If all Tythes be thus due as you say by the Law of God then they Obj. 1 are every where due and all they do sin and grievously offend that do detain them But many Countreys and some Christian Common-wealthes no doubt pay no Tythes at all and are not acquainted with this fashion of paying Tythes and yet do sufficiently and honorably maintain their Ministers for the service of God Therefore questionless the payment of Tythes is not due by the Divine Law To this Objection I conceive Dr. Gardiner doth reasonably well answer Sol. though I think not fully sufficient to take away the strength of this Argument in his large and rational discourse which he makes in answer to this their Objection for he saith and that truly That many things are of such Nature though I think Tythes are not 1. Answer so as will not be fitting to every place or all places alike but may in some places be well performed and in some other places be prohibited because Cicero in Orat. pro Balbo as Cicero saith the different state of Cities inforceth a necessity of different Laws for as all meats are not alike pleasant to all Palats and every air agreeth not with all Constitutions so all manners belong not to all men but some Laws are sutable to some people and some other Laws are more convenient for some other and all or the same are not expedient for all And as every shooe will not be drawn on every foot and one kind of Medicine We may alter the Ceremonies of the Church as the times and state of the Church do require is not to be Administred to every Stomack but that Physick which may fit the younger age may be unkind for the same disease when old age hath seised upon us So one discipline may be fitting for a City which may not be so fitting either for another City or especially for a Kingdom and one Ceremony may sort with the Church in times of peace and prosperity which holdeth no correspondency with the seasons of War and Persecution Neither should we look that the same uniform regiment is to be observed In ecclesia Constituta as in Ecclesia Constituenda as well in an infant-Church as in a Church of riper age or in a Church persecuted when she flyeth with the woman into the Wilderness or is faign to lie desolate in the caves of the earth and a Church in peace when she sitteth as a Queen in her Throne or in a Church under Heathen Emperous and a Church under Christian Governours when she sojourneth as a captive in Babylon and when she dwelleth at liberty in Jerusalem for as no one garment can fit It is hard to make a fit coat for the Moon the Moon which is subject by nature to an often-change and is sometimes in the Full and afterward in the Wayn and never continuing in one stay So the Church of Christ being like the Moon sometimes high and sometime low often in the Full and as often in the Wayn it cannot be that the same uniform Government should fit the Church in all places and at all times And therefore the Prophet speaking of the Kings Daughter that signifieth the Church of Christ saith That although her chiefest glory is within yet her outward Attire is likewise glorious and it is of divers colours and so are the Rites and Ceremonies of the Church of divers sorts as the times and places do admit them And Musculus to the same purpose saith Si illorum temporum mores revocas tum conditiones statum quoque illorum temporum primum revoca If thou wilt call back again the manners customes and practise of those times wherein the Apostles and primitive Christians lived then first call back again the state and conditions of those times that both the times and the manner may agree when as I told you before many things may serve at one time that will not serve at another time Vt musica in luctu est importuna narratio As Musick is unseasonable in the time of mourning saith the Wise-man And indeed what Tertullian saith is beyond all contradiction Regula fidei immobilis irreformabilis est The Rule and Canon of our Faith is and must alwayes be unmoveable and unreformable not to be altered at caetera disciplinae conversationis novâ—tatem correctionis admittunt but Tertull. in l. De veland Virgin all other things that appertain to discipline and government and conversation may admit the newness and change of a Reformation And so the Eucharist the holy Communion being to succeed for our Sacrament in the room of the Passeover it was most convenient that it should be celebrated by Christ at Supper-time in the evening because the Passeover was commanded by the Law to be eaten between the two evenings And The first Christians did many things that we are not bound to do and we do many good thinâ—s that they did not yet the Church thought it more convenient to alter that fashion and to take it in the morning So likewise Christ was baptized in Jordan and the Apostles baptized men in Rivers and Fountains of waters and would you have us to imitate their example to forsake the Christian Assembly in the holy Church and to carry our Infants with the fanatick Anabaptists to be baptized in the Rivers But seeing that in the Apostles time the good Christians sold their lands and possessions and laid down the prices and monies that they received for them at the Apostles feet I demand Why do not our Anabaptists that would have all things reduced to the Primitive time imitate them in this their Devotion and
House of Commons p. 6. heads Therefore some say this may well draw a suspicion upon the justice of the Sentence though I will not censure any man for any injustice therein But as the Earl said at his death which he undertook like a good The Earle's words at his death Christian full of Charity and no less Piety it was an ill Omen to this Nation that they should write the Frontispiece of this Parliament with letters of Blood which if unjustly done or unduly prosecuted I fear may with Abels blood cry for vengeance in the ears of God against the Contrivers of this mischief to produce our miseries And the God of Heaven doth only know how much of the blood of this Kingdom must be squeezed out to expiate all the mis-proceedings and the fearfull projects of our people God Almighty turn his anger from us and let not the righteous perish with the wicked nor the sins of some few be laid upon us all This was the first impediment that was to be removed before they could proceed any further in this Tragedy and thus it was most artificially acted And I say He was a great and a very great impediment of their design which made me the larger in the prosecution thereof because he was a person of that great ability and so great fidelity both to the Church and State and the taking off of his head made a very wide gap for our enemies to enter into the Vineyard of Christ and a large breach into the City of God to deface the Church and to destroy this Kingdom CHAP. III. Sheweth how they stopped the free judgment of the Judges procured the perpetuity of the Parliament the consequences thereof and the subtle device of Semiramis 2. THe next Let that might hinder their design was the great learning The second impediment of their design long experience and free judgment of the grave Judges to declare what is Truth and what is Law in every point for these men being skilful in the Laws and Statutes of our Land knew how contrary to the same and how repugnant to the fundamental Constitutions of our Government the erecting of a new Church and the framing of a new Common-Wealth would be and their judgment being to be inquired in any emergent Doubt might prove very prejudicial unto their plots and a hinderance of their Design except it were diverted by some course Therefore to stop this stream to put a gagg in their mouthes to imprison How they stopped the free judgment of the Judges all truths that might make against them and to make these Judges yield to whatsoever they do or at least not to contradict any thing they say they get many of them to be accused of High-Treason and they do but accuse them and not proceed to any trial against them which was a pretty plot of their policy because that hereby they kept them and the rest of their fellow-Judges that had any finger in the mis-sentencing of the Ship money and were therefore in the same predicament and to be under the same Censure under the lash and to be still silent for very fear of their proceeding against them for they saw by many presidents that those men which favoured their design or contradicted not their waies were winked at by this Faction though they were the greatest Delinquents and therefore redimere se captos to free themselves out of the hands of these men they might conceive it their safest course to gain-say none of their conclusions which was a Plot of no small value to further their design by this removal of this second impediment 3. The third Let that stood in their way to make stop of their impious The third impediment of their design design was the Royal power to dissolve the present Parliament as formerly to dissolve any other which they knew to be an inseparable flower of the Crown Timor undique nostris this brought them in fear on every side lest if they were too soon discovered they might suddenly be prevented and their plot might prove abortive Like the untimely fruit of a woman that perisheth before it seeth the Sun or as the apples of Sodome vanishing when they are touched into Nothing or at the best but to stinking blasts Therefore to escape this rock they sail about and like cunning Water-men they look towards you when they row from you their eyes and mouthes are one way when their hearts and minds are another way for they tell the King that the discontinuance of Parliaments hath produced abundance of distempers in this State and a world of grievances both in the Church and Common-wealth besides they say what the King and every man else saw to be true That the Scots were entred into our Land and setled in the bosom of this Kingdom and though perhaps The fair pretences for the continuance of the Parliament if some things had been better looked into we mought at first most easily have kept them out yet now duriùs ejicitur quà m non admittitur hostis it was too late to shut the door and it is not so easy to expel and drive them out except we made them a bride of gold to pass over the river and so to go homewards again And this cannot be done without a great deal of money which moneys though the Parliament should grant them as we are most willing to do to free your Majesty from these guests and to prevent the dangers of an intestine war yet they cannot suddenly be levied and collected as the times and occasions now required therefore it must be borrowed to supply our present necessities and lenders we shall find none except we can shew them a way how they shall be repaid again and the expeperience we have lately had in these latter years of so many Parliaments so unhappily and suddenly dissolved puts us out of all hope to find any way to secure their debts except your Majesty will pass an Act for as yet they durst not say they needed not His assent to what they did that this Parliament shall not be dissolved until it be agreed upon by the consent of both houses This and the like were their fair pretences like the Syrens voyces very How the King was seduced by their pretences sweet and very good and the good King that ever spake as he thought could not think that His great Councel whom He trusted with all the Affairs of His Kingdom meant any otherwise then they said or looked any further then they shewed Him He never dream'd that they intended to have an everlasting Parliament and so perfidiously to over-reach both the King and the Kingdom But though our gracious King being not so much versed with the dissembling subtilty and serpentine windings of wicked hypocrites that are to be removed from the King and expelled out of his House supposed all them to mean sincerely and to deal fairly as they seemed to do yet I
Edward the first Si disputatio oriatur justiciarii non possunt cam interpretari sed in dubiis obscuris Domini regis erit expectanda interpretatio voluntas câ—m ejus sit interpretari Citatur à Domino Elism in post-nati p. 108. cujus est condere If any Dispute doth arise the Judges cannot interpret the same but in all obscure and doubtful questions the interpretation and the will of the King is to be expected when as he that makes the Law is to be the expounder and interpreter of the Law Yet they have challenged and assumed to themselves such a power that their bare Vote without any Act of Parliament may expound or alter a known Law which if it were so they might make the Law as Pighius saith of the Scripture like a nose of wax that may be fashioned and bended as they pleased but we do constantly maintain That the House of Commons hath no power to adjudge of any point or matter but to inform the Lords what they conceive and the House of Peers hath the power of Judicature which they are bound to do according to the Rules of the known established Laws and to that end they have the Judges to inform them of those cases and to explain those Laws wherein themselves are not so well experienced though now they sit in the House for cyphers even as some Clergy did many times in the Convocation and if any former Statute be so intricate and obscure that the Judges cannot well agree upon the right interpretation thereof then as in explaining Poynings Act and the like either in England or Ireland the makers of the Act that is the King and the major part of both Houses must explain the same 3 In composeing and setting forth new laws 3. Whereas we never knew that the House had any power to make Orders and Ordinances to bind any besides their own Members to observe them as Laws yet they compell us to obey their Orders in a stricter manner than usually we are injoyned by Law and this course to make such binding Ordinances as they do to carry the force though not the name of an Act of Parliament or a Law is a mighty abuse of our Laws and Liberties for Sir Edward Cook tells us plainly That as the constitution of our Government now standeth neither the House of Commons and King can make any binding Law when the Peers dissent nor â— Cook in the Preface of the Stat. of Westminster the second Lamberts Archeion 271. the Lords and King when the Commonalty dissenteth nor yet both Houses without the Kings consent but all three King Peers and Commons must agree before any coactive Law can be composed Nay more it is sufficiently proved that Dare â—us populâ— or the legislative power being one principall end of Regall Authority was in Kings by the Law of Nature while they governed the people by naturall equity long before municipall Laws or Parliaments had any beeing For as the Poet saith Remo cum fratre Quirinus Jura dabat populo Hoc Priami gestamen erat cum jura vocatis More daret populis Because this was the custom of the Kings of Scythia Assyria Aegypt c. long before Moses and Pharonaeus when Municipall Laws first began to give Laws unto their people according to the Rules of Naturall equity which by the Law of Nature they were all bound to observe And though some Kings did graciously yield and by their voluntary oathes for themselves and their successors bind themselves may times to stricter limits than were absolutely requisite as William Rufus King Stephen Henry the fourth Richard the third and the like granted many Priviledges perhaps to gain the favour of their Subjects against those which likely had a better Title to the Crown than themselves or it may be to satisfie their people as the guerdon or compensation for the sufferance of some fore-passed grievances as Henry the first Edward the second Richard the second and the like yet these limitations being agreeable to equity and consistent with Royalty and not forcibly extracted ought in all truth and reason to be observed by them And hence it is that the Kings of this Realm according to the oathes and promises which they made at their Coronation can never give nor repeal any Law but with the assent of the Peers and People But though they have thus yielded to make no Laws nor to repeal any Laws without them yet this voluntary concession of so much grace unto the people doth no waies translate the legislative power from the King unto his assistants but that it is formaliter and subjectivè still in the King and not in them else would the government of this Kingdom be an Aristocracy or Democracy and not a Monarchy because the Supreme power of making and repealing Laws and Governing or judging decisively according to those Laws are two of those three things that give being to each one of these three sorts of Government Therefore the King of England being an absolute Monarch in his own Cassan in catal gloria mundi 2 2 Ed. 3. 3 pl. 25. Vid. The view of a Printed book intituled Observations c. Where this point is proved at large p. 18 19 21 22. Kingdom as â—assaneus saith and no man can deny it the Legislâ—tive power must needs reside solely in the King ut in subjecto proprio and the consent of the Lords and Commons is no sharing of that power but only a condition yielded to be observed by King in the use of that power and so both the Oath of Supremacy and the form of all our ancient Statutes wherein the King speaks as the Law-maker do most evidently prove the same unto us Le Roy voit Neither durst any Subjects in former times either assume such a power unto themselves or deny the same unto their King for you may find how the House of Commons denying to pass the Bill for the Pardon of the Clergy which Henry the 8th granted them when they were all charged to be in a Premunire unless themselves also might be included within the pardon received this answer from the King that He was their Soveraign Lord and would not be compelled to shew his mercy nor indeed could they compel him to any thing else but seeing they went about to restrain him of his Liberty he would grant a pardon unto his Clergy by his great Seal without them though afterwards of his own accord he signed their pardon also which broughâ— great commendation to his judgment Sir Rich. Bakâ—r in viâ—a Hen. 8. to deny it at first when it was demanded as a right and to grant it afterward when it was received as of grace And yet the denyal of their assent unto the King is more equitable to them and less derogatory to him then to make orders without him And this manner of compulsion to shew grace unto themselves is more tolerable than to force him to disgrace